Reedley City Council
April 26, 2022

ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE

TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA

REEDLEY CITY COUNCIL MEETING
7:00 P.M.

TUESDAY, April 26, 2022
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www .reedley.ca.gov
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation services, should be made 48 hours prior to the meeting by contacting the City Clerk at 637-4200 ext. 212.

Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.

Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate, pursuant to the adopted City Council Protocols.

The meeting will be webcast and accessed at: http://www.reedley.com/livestream.php *PLEASE SEE LAST PAGE OF AGENDA FOR ZOOM PARTICIPATION INSTRUCTIONS* Robert Beck, Mayor Pro Tern
Ray Soleno, Council Member

MEETING CALLED TO ORDER
Mary L. Fast, Mayor
INVOCATION- Horacio Aleman Sr, Cruising for Jesus

PLEDGE OF ALLEGIANCE

ROLL CALL
Anita Betancourt, Council Member
Matthew Tuttle, Council Member

AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS

PRESENTATION

1. SIERRA KINGS HEALTH CARE DISTRICT MENTAL HEALTH AWARENESS MONTH PUBLIC COMMENT - Provides an opporlunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (1 OJ minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opporlunity to address the Council as each item is brought up for discussion.

NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of the Consent Agenda are deemed to include a motion to waive the full reading of any ordinance on the Consent Agenda. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

CONSENT AGENDA (Item 2-11) Motion 2nd
---- -----

2. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 12, 2022 - (City Clerk)
Staff Recommendation: Approve

3. APPROVE AND AUTHORIZE THE USE OF AVAILABLE AND DONATED FUNDS FOR

THE RE-PAINTING OF THE EXTERIOR OF THE REEDLEY MUSEUM BUILDING AND

THE PAINTING OF A MURAL ON THE SOUTH WALL OF THE MUSEUM FACING THE PUBLIC PARKING LOT - (Public Works)
Staff Recommendation: Approve

4. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN UPDATED AGREEMENT WITH LIBERTY COMPOSTING, INC. FOR THE TRANSPORTATION AND DISPOSAL OF THE CITY OF REEDLEY WASTEWATER TREATMENT PLANT BIOSOLIDS-(Public Works)

5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF REEDLEY AND FAMILY HEALING

CENTER TO CONDUCT FORENSIC INTERVIEWS WITH VICTIMS AND WITNESSES OF SEXUAL ASSAULTS- (Police Department)
Staff Recommendation: Approve
2 6. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE SIERRA KINGS

HEALTH CARE DISTRICT MINI GRANT APPLICATION AND RELATED DOCUMENTS

REQUESTING AND ACCEPTING FUNDING FOR ACTIVITIES RELATED TO MAY MENTAL HEAL TH AWARENESS MONTH- (Community Services)

7. STAFF RECOMMENDS THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS TO FUND SUMMER AFTER SCHOOL AND SWIM PROGRAMS:

A. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A

MEMORANDUM OF UNDERSTANDING WITH KINGS CANYON UNIFIED
SCHOOL DISTRICT (KCUSD) TO PROVIDE 2022 SUMMER PROGRAMS AT

WASHINGTON AND T L REED SCHOOL SITES INCLUDING SWIM

INSTRUCTION FOR WASHINGTON AND JEFFERSON STUDENTS AND

RECREATION SWIM DAYS FOR ALL KCUSD SUMMER SITES FOR A
COMBINED AMOUNT NOT TO EXCEED $263,606.

B. ADOPT RESOLUTION 2022-031 AMENDING THE 2021-22 ADOPTED BUDGET APPROPRIATING $100,528 IN THE GENERAL FUND TO PROVIDE

SUMMER PROGRAMS AT WASHINGTON AND T L REED SCHOOL SITES SWIM LESSONS, AND RECREATION SWIM DATES THROUGH JUNE 30, 2022.

C. APPROVE AND AUTHORIZE CITY MANAGER TO SIGN A SUMMER WORK

EXPERIENCE PROGRAM (SWEP) AGREEMENT FORM WITH VALLEY

REGIONAL OCCUPATIONAL PROGRAM (ROP) AND KINGS CANYON

UNIFIED SCHOOL DISTRICT TO PROVIDE SUMMER INTERNS TO WORK

FOR THE CITY OF REEDLEY WITHIN THE SUMMER PROGRAMS AT T L REED AND WASHINGTON SCHOOL SITES.
(Community Services)
Staff Recommendation: Approve

8. ADOPT RESOLUTION 2022-032, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF REEDLEY IN SUPPORT OF THE COUNTY OF FRESNO HOMELESSNESS PRIORITIES FOR CALENDAR YEAR 2022-(Administration)
Staff Recommendation: Approve

9. ADOPT RESOLUTION NO. 2022-037 APPROVING AN UPDATED CITY PERSONNEL POLICIES & PROCEDURES MANUAL-(Administrative Services)
Staff Recommendation: Approve

10.ADOPT RESOLUTION NO. 2022-038 ESTABLISHING THE FISCAL YEAR 2022-23 RATES FOR COMMUNITY FACILITY DISTRICT 2005-001 MAINTAINING RATES AT CURRENT LEVELS, AND SETTING DEPARTMENT ALLOCATIONS-(Administrative Services)
Staff Recommendation: Approve
3 11. SECOND READING AND ADOPTION OF ORDINANCE NUMBER 2022-003 OF THE

CITY OF REEDLEY APPROVING A MILITARY EQUIPMENT USE POLICY PER CALIFORNIA ASSEMBLY BILL NUMBER 481- (Police Department) Staff Recommendation: Approve

PUBLIC HEARING

12.HOLD A PUBLIC HEARING AND CONSIDER ADOPTING RESOLUTION NO. 2022-033

ORDERING THE DISSOLUTION OF ZONES B, D AND F FROM THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 COMMENCING IN FISCAL YEAR 2022-2023. - Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Engineering)

ADMINISTRATIVE BUSINESS

13.APPROVE SECOND AMENDMENT TO AMENDED CITY MANAGER EMPLOYMENT AGREEMENT-Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Administration)
Staff Recommendation: Approve

14.ADOPT RESOLUTION NO. 2022-034 OF THE CITY COUNCIL OF THE CITY OF

REEDLEY ESTABLISHING A DEFERRED COMPENSATION MATCHING PLAN FOR ALL ELIGIBLE FULL-TIME EMPLOYEES-Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Administrative Services) Staff Recommendation: Approve

RECEIVE INFORMATION & REPORTS
These items are formal transmittals of information to the Reedley City Council. They are not voted upon by the Reedley City Council. Members of the public who have questions on these items are suggested to call City staff members during regular business hours.

15.RECEIVE, REVIEW AND FILE THE QUARTERLY INVESTMENT REPORT FOR 3Ro QUARTER ENDING MARCH 31, 2022 FOR FISCAL YEAR 2021-22 - Administrative Services

16. REEDLEY'S RIVER CITY THEATRE COMPANY, PROFIT & LOSS STATEMENT FOR THE PERIOD OF JANUARY 1, 2022-MARCH 31, 2022- Community Services

COUNCIL REPORTS

17.BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.

STAFF REPORTS

18.UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS. 4 ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing revised ag; nA was posted in accordance with the applicable legal requirements. Dated this 21 st
day of April 2022. ....... ~-=-------- ~------
Ruthie Greenwood, City Clerk
Zoom Participation:

The City Council is encouraging members of the public to observe and participate in the Council meeting virtually, to maximize the safety of all meeting participants. Reasonable efforts will be made to allow written and verbal comments from participants communicating with the host of the virtual meeting. To do so, participants may "raise their hand" during public comment portions of the meeting using the electronic feature on the zoom program, and the City Clerk will inform the Mayor of the participant's desire to provide public comment. Due to the new, untested format of these meetings, the City cannot guarantee that participants who wish to provide public comment, either in writing or verbally, will occur as expected. The "chat" feature on Zoom will not be monitored or used during the meeting.

Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] at least two (2) hours prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting, but will be included with the meeting minutes.

Dates to Remember:

May 10, 2022-Regular Council Meeting
May 17, 2022-6pm Special Budget Meeting
May 24, 2022- Regular Council Meeting
5 REEDLEY CITY COUNCIL MEETING - April 12, 2022
A complete audio record of the minutes is available at www.reedlev.ca.gov The meeting of Reedley City Council called to order by Mayor Fast at 7:01 p.m. on Tuesday, April 12, 2022 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.

INVOCATION - Silvia Rios-Estrada, Reedley Police Department Support Team

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Soleno

ROLL CALL
Council Members

Present:

Absent:

Ray Soleno, Matthew Tuttle, Mary Fast
Anita Betancourt, Robert Beck.

AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
None from staff or council

PUBLIC COMMENT
None.

CONSENT AGENDA (Item 1-5)
Mayor Fast requested items 2 and 3 be removed for further discussion.

Mayor Fast asked to discuss item 2 prior to the vote. Mayor Fast stated she spoke with Ms. Peters who is excited to join the commission. On item number 3, Mayor wanted to mention that she is on the Council of Governments board and this is a joint agreement to complete the housing update and this is only a partial payment and the remainder would be paid at a later time.

Council Member Soleno moved, Council Member Tuttle seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.

1. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 22, 2022 - Approved

2. APPROVE MAYOR'S NOMINATION TO FILL A VACANCY ON THE COMMUNITY SERVICES COMMISSION -Approved

3. ADOPT RESOLUTION NO. 2022-016 APPROVING AND AUTHORIZING THE CITY'S PARTICIPATION

IN THE FRESNO COUNTY MULTI-JURISDICTIONAL HOUSING ELEMENT UPDATE AND COST SHARING AGREEMENT -Approved

4. ADOPT RESOLUTION 2022-027 OF THE CITY COUNCIL OF THE CITY OF REEDLEY ADOPTING THE

CITYWIDE MASTER FEE SCHEDULE AND AMENDING DEPARTMENTAL FEES AND CHARGES FOR SERVICES-Approved

5. ADOPT RESOLUTION NO. 2022-028 DECLARING THE INTENTION TO ORDER THE

DISSOLUTION OF ZONES B, D, AND F FROM THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. I -Approved

ADMINISTRATIVE BUSINESS
ORDINANCES- With respect to the approval of ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete ordinance and unless there is a request by a REEDLEY CITY COUNCIL MEETING - April 12, 2022
Council Member that the ordinance be read in full, further reading of the ordinance shall be deemed waived by unanimous consent of the Council.

6. APPROVE ITEMS PERTAINING TO THE PAINTING OF THE TWO DOWNTOWN WATER TOWERS A. A WARD A PAINTING CONTRACT IN THE AMOUNT OF $541,286 TO WM. B. SALEH

COMPANY FOR COMPLETE PAINT REMOVAL AND REPAINTING THE TWO ICONIC

DOWNTOWN WATER TOWERS TO MATCH THE CURRENT COLORS OF THE WATER

TOWERS WITH NO CHANGES AND AUTHORIZE CITY MANAGER OR DESIGNEE TO

EXECUTE ALL RELATED DOCUMENTS
B. APPROVE UTILIZING PROJECT CONTINGENCY FUNDS IF ADEQUATE PROJECT

CONTINGENCY FUNDS REMAIN FROM THE TOT AL PROJECT COST TO ADD TWO ADDITIONAL WORDS "REEDLEY" ON OPPOSITE SIDES OF THE THANKS AND

ADDITIONAL UP-LIGHTING
C. ADOPT RESOLUTION NO. 2022-029 AMENDING THE FISCAL YEAR 2021-2022 ADOPTED BUDGET TO APPROPRIATE AN ADDITIONAL $345,414 IN CORONAVIRUS

STATE AND LOCAL FISCAL RECOVERY FUNDS UNDER THE AMERICAN RESCUE PLAN ACT OF 2021 FOR REPAINTING THE TWO DOWNTOWN WATER TOWERS.

Public Works Director, Russ Robertson stated on March 22, 2022 staff provided a presentation to the City Council regarding the condition of the water towers, updates to the inspection report and the bid received to repaint the towers.

At that time Council directed staff to look into potential cost of adding new graphics or the City logo to the water towers and to bring the item back for further discussion.

Staff solicited prices for the painting of a full color City logo on the water towers. It would cost $35,000 per logo for a fifteen foot round full color painting. The cost to paint one City logo on each tower would be $70,000. Due to the detail the colors in the logo would need to be re-painted approximately every fifteen years. A different option would be installing a graphic onto the tower. Staff received a quote for the vinyl graphic wrap which would include the word Reedley and one logo per wrap would cost $12,000 per tank. The graphic wrap is significantly cheaper however per the manufacturer the wrap would only last seven years before it would need replacing.

Options from the public regarding this issue were solicited using social media and the Mid Valley Times. Several ideas of changing colors or adding colored lighting were proposed however the overwhelming response was to keep the towers looking exactly as they currently do. The Reedley Historical Society informed staff they would desire that the colors and the current look of the towers remain the same.

Public Comment:

Anthony Jewell provided a brief history of the water towers. Mr. Jewell would like for the towers to be repaired and remain the way they have been historically.

Kuiama Gatz stated she would like the towers repaired and thought it should be done sooner rather than later.

Liz Vidrio encouraged a yes vote and stated she felt the water towers should be left the way they are.

Mayor Fast moved, Council Member Tuttle seconded to accept, APPROVE ITEMS PERTAINING TO THE

PAINTING OF THE TWO DOWNTOWN WATER TOWERS
A. AWARD A PAINTING CONTRACT IN THE AMOUNT OF $541 ,286 TO WM. B. SALEH

COMPANY FOR COMPLETE PAINT REMOVAL AND REPAINTING THE TWO ICONIC

DOWNTOWN WATER TOWERS TO MATCH THE CURRENT COLORS OF THE WATER

TOWERS WITH NO CHANGES AND AUTHORIZE CITY MANAGER OR DESIGNEE TO

EXECUTE ALL RELATED DOCUMENTS
C. ADOPT RESOLUTION NO. 2022-029 AMENDING THE FISCAL YEAR 2021-2022 ADOPTED BUDGET TO APPROPRIATE AN ADDITIONAL $345,414 IN CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS UNDER THE AMERICAN RESCUE PLAN ACT OF 2021 FOR REPAINTING THE TWO DOWNTOWN WATER TOWERS.
2 REEDLEY CITY COUNCIL MEETING - April 12, 2022
A YES: Fast, Tuttle.

NOES: Soleno.

ABSTAIN: None.

ABSENT: Beck, Betancourt.

Motion failed due to lack of majority
Council Member Tuttle moved, Council Member Soleno seconded to accept, and:

A. A WARD A PAINTING CONTRACT IN THE AMOUNT OF $541 ,286 TO WM. B. SALEH

COMPANY FOR COMPLETE PAINT REMOVAL AND REPAINTING THE TWO ICONIC

DOWNTOWN WATER TOWERS TO MATCH THE CURRENT COLORS OF THE WATER

TOWERS WITH NO CHANGES AND AUTHORIZE CITY MANAGER OR DESIGNEE TO

EXECUTE ALL RELATED DOCUMENTS
AYES:

NOES:

ABSTAIN:

ABSENT:

Tuttle, Soleno, Fast.

None.

None.

Beck, Betancourt.

Council Member Soleno moved, Mayor Fast seconded to accept, and:

B. APPROVE UTILIZING PROJECT CONTINGENCY FUNDS IF ADEQUATE PROJECT

CONTINGENCY FUNDS REMAIN FROM THE TOT AL PROJECT COST TO ADD TWO ADDITIONAL WORDS "REEDLEY" ON OPPOSITE SIDES OF THE THANKS AND ADDITIONAL

UP-LIGHTING
AYES:

NOES:

ABSTAIN:

ABSENT:

Soleno.

Fast, Tuttle.

None.

Beck, Betancourt.

Motion failed due to lack of majority
Council Member Tuttle moved, Council Member Soleno seconded to accept, and:

C. ADOPT RESOLUTION NO. 2022-029 AMENDING THE FISCAL YEAR 2021-2022 ADOPTED BUDGET TO APPROPRIATE AN ADDITIONAL $345,414 IN CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS UNDER THE AMERICAN RESCUE PLAN ACT OF 2021 FOR REPAINTING THE TWO DOWNTOWN WATER TOWERS.

AYES:

NOES:

ABSTAIN:

ABSENT:

Tuttle, Soleno, Fast
None.

None.

Beck, Betancom1.

7. INTRODUCE ORDINANCE NUMBER 2022-003 OF THE CITY COUNCIL OF THE CITY OF

REEDLEY ADOPTING A MILITARY EQUIPMENT USE POLICY PER CALIFORNIA ASSEMBLY BILL NUMBER 481 ALLOWING THE REEDLEY POLICE DEPARTMENT TO ACQUIRE AND USE EQUIPMENT DESIGNATED BY ASSEMBLY BILL NUMBER 481
Police Chief Garza discussed Assembly Bill 481 which required all law enforcement agencies to obtain approval from governing body, via adoption of a "military equipment" use policy by ordinance prior to the police department using anything defined as military equipment.

Items determined to be considered military equipment per the Assembly Bill 481 are tools which have been used by law enforcement to enhance community safety and officer safety. If the police departments did not have the ability to use the tools which are now classified as military equipment it would jeopardize the safety of the community and the peace officers.

The tenn military equipment does not necessarily indicate equipment that has been used by or purchased from the military. Items include drones, command vehicles, pepper balls, less lethal projectile launchers and distraction devices. For example, a drone which can be purchased online by anyone is now considered a military equipment item under Assembly Bill 481. Even though the item was purchased online and was not purchased from the military, it has to be classified as a military equipment item in order to remain in compliance 3 REEDLEY CITY COUNCIL MEETING - April 12, 2022
with the law. Many of the items now deemed to be military equipment are in fact employed by the Reedley Police Department and other law enforcement agencies across the country in order to specifically reduce risk to community members. The use of these tools provide police officers the ability to safely resolve situations. The approval of the ordinance will not incur any additional funds as the ordinance simply authorizes the continued use of pre-existing purchased or acquired equipment that is now titled military equipment under Assembly Bill 481. The purchase of any future equipment will be in traditional format where the item will be brought before City Council in a prepared staff report or as part of the annual budget proposal. The military equipment ordinance will allow the Reedley Police Department to stay in compliance with Assembly Bill 481 and will allow the police department to continue to use vital tools.

Public Comment:

Kuiama Gatz stated it was fiscally irresponsible to pass the ordinance.

Liz Vidrio stated she felt it was important to feed people rather than provide weapons and promote violence. Ms.

Vidrio stated that although the presentation addressed what items the police department currently has, she felt it should be disclosed what items the police department plans on purchasing in the future .

City Manager Nicole Zieba stated she wanted to clarify, per Assembly Bill 481 it requires the City to put forth the policy. If the police department has any future items they would like purchased at that time the police department would come before Council prior to purchasing the item. The police department at this time does not plan on purchasing any additional equipment. Assembly Bill 481 requires all police departments regardless if they have anything that is classified as military equipment to pass an ordinance discussing policy in order to stay in compliance with the law.

Anthony Jewell stated he wanted to support the police department and keep them as safe as possible; however, is worried about the context of Assembly Bill 481.

Council Member Tuttle stated, that by passing the ordinance it will simply keep Reedley in compliance with the State of California. It was unfortunate that the Assembly Bill 481 referred to everything as military equipment because a lot of the equipment is not used or has anything to do with the military but is simply associated with the military and felt the Assembly Bill should have used a better term instead of military equipment.

Council Member Soleno moved, Council Member Tuttle seconded to accept, and: INTRODUCE ORDINANCE NUMBER 2022-003 OF THE CITY COUNCIL OF THE CITY OF REEDLEY ADOPTING A MILITARY EQUIPMENT USE POLICY PER CALIFORNIA ASSEMBLY BILL NUMBER 481 ALLOWING THE

REEDLEY POLICE DEPARTMENT TO ACQUIRE AND USE EQUIPMENT DESIGNATED BY ASSEMBLY BILL NUMBER 481
AYES:

NOES:

ABSTAIN:

ABSENT:

WORKSHOP
Soleno Tuttle, Fast.

None.

None.

Beck, Betancourt.

8. WORKSHOP ON THE PROGRESS OF REPAIRING AND REHABILITATING STREETS AND ROADS

WITHIN THE CITY
City Engineer, Marilu Morales discussed the different funding sources for street projects in the city. The lengthy and expensive process for fixing and repairing a street was shared with Council. Ms. Morales provided a historical presentation of the streets that have been repaired and replaced in the past ten years and also shared future projects that will be occurring. It was discussed that future plans for staff is to continue to obtain grant funding to maximize local funds, and to follow the pavement condition index and prioritize projects.

RECEIVE INFORMATION & REPORTS
These items are formal transmittals of information to the Reedley City Council. They are not voted upon by the Reedley City Council. Members of the public who have questions on these items are suggested to call City staff members during regular business hours.
4 REEDLEY CITY COUNCIL MEETING - April 12, 2022

9. QUARTERLY EXPENSE & TRAVEL REPORT FOR ELECTED AND APPOINTED OFFICIALS - JANUARY 1, 2022 THROUGH MARCH 31 , 2022

10. REEDLEY'S RIVER CITY THEATRE COMPANY, PROFIT & LOSS STATEMENT FOR THE PERIOD OF SEPTEMBER 1 - DECEMBER 31 , 2021

COUNCIL REPORTS

11. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.

Council Member Soleno:
• Attended ribbon cutting ceremony at Aleman Reality.

Council Member Tuttle:
• Discussed the Reedley Health Expo and shared how successful the event was • Attended the Valley Regional Occupation Program 50th Anniversary open house • Discussed the job fair that was held at Pioneer Park
Mayor Fast
• Attended the Fresno Council of Governments and Fresno County Rural Transit Authority meetings and provided a brief update
• Also attended the Aleman Reality ribbon cutting ceremony • Attended the Art Hop which was put on by the Chamber of Commerce • Discussed the Central California Korean Historical Society event she attended • Also attended the Reedley Health Expo

STAFF REPORTS

12. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.

City Manager, Nicole Zieba
• Provided an update regarding a letter the City received from California Office of Emergency Services • Discussed meeting she attended with Assembly Member Patterson and discussed Reedley and aviation Public Works Director, Russ Robertson
• Reminded everyone of the upcoming spring clean up event

ADJOURNMENT
Mayor Fast adjourned the regular meeting at 8:51 p.m.

Mayor Mary Fast
ATTEST:

Ruthie Greenwood, City Clerk
5 REEDLEY CITY COUNCIL
DATE: April 26, 2022,
181' Consent Calendar
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3
TITLE: APPROVE AND AUTHORIZE THE USE OF AVAILABLE AND DONATED

FUNDS FOR THE RE-PAINTING OF THE EXTERIOR OF THE REEDLEY

MUSEUM BUILDING AND THE PAINTING OF A MURAL ON THE SOUTH WALL OF THE MUSEUM FACING THE PUBLIC PARKING LOT.

SUBMITTED: Russ Robertson, Public Works Director/!JAPPROVED: Nicole Zieba, City Manager ~

RECOMMENDATION
That the City Council approve and authorize the use of available and donated funds to repaint the exterior of the Reedley Museum building and also paint a mural on the south wall of the museum facing the adjacent public parking lot.

EXECUTIVE SUMMARY
The Reedley Museum building is owned by the City of Reedley and was the City's original City Hall.

Erected in 1917, the building housed the City's administrative services, police department, and fire department. The Reedley Museum opened in 1979 and has occupied the building since that time.

The Downtown Vibrancy Project, approved by the City Council on May 11, 2021 included a $10,000 appropriation for the painting of a mural on the south wall of the Reedley Museum facing the public parking lot. Due to substantial increases of materials and labor costs it is now anticipated that the cost of the mural will be around $13,000. An additional $3,000 is available for the mural project in the Arts in Public Places fund. The exterior painting on the museum is fading and deteriorating and staff feels it would be in the City's best interest to paint the exterior of the museum prior to the painting of the mural to better preserve this historic building. The cost of completely re-painting the exterior of the museum is $8,000. The Downtown Vibrancy Project contingency fund has $7,500 available for re-painting the museum and the Reedley Historical Society is contributing $500 toward the project.

FISCAL IMPACT
There is no impact to the City's General Fund.

DATE:

TITLE:

April 26, 2022

REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ____ 4.____

APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN
UPDATED AGREEMENT WITH LIBERTY COMPOSTING, INC. FOR THE

TRANSPORTATION AND DISPOSAL OF THE CITY OF REEDLEY

WASTEWATER TREATMENT PLANT BIO-SOLIDS
SUBMITTED: Martha S. Cardoso, Wastewater Systems Supervisor REVIEWED:

APPROVED:

Russ Robertson, Public Works Directo~
Nicole R. Zieba, City Manager v

RECOMMENDATION
Authorize the City Manager to execute an updated agreement with Liberty Composting, Inc. for the transportation and disposal of the City of Reedley Wastewater Treatment Plant Biosolids.

BACKGROUND
The City of Reedley and Liberty Composting, Inc. entered into an agreement to transport and dispose of Wastewater Treatment Plant bio-solids in 2014. Since that time, the City and Liberty Composting have been operating under this existing agreement that included only minor inflationary increases per year.

On November 29, 2021, the City received notice from Liberty Composting, Inc. of the need to increase the current fee to transport and dispose of the City's bio-solids effective January 1, 2022 due to the continuously increasing operating costs to transport and compost the material. The fee at the time was $42.89 per wet ton and they proposed the new rate to be $51.18 per wet ton, plus an additional $1,800 per month for the rental of a staged trailer. The City reached out to several Biosolids Handling providers to obtain proposals. In the short term, the City worked out a temporary price adjustment with Liberty Composting to adjust the trailer rental rate to $1,400 per month, while the City evaluated other cost proposals.

There are a limited number of companies that are certified to provide this service in the Central San Joaquin Valley, but the City was able to obtain three cost proposals (Holloway Environmental Solutions, SynaGro, and Liberty Composting, Inc.). Liberty Composting, Inc.

was the lowest qualified proposal, which included the removal of the biosolids production, combined transportation, trailer rental (one staged trailer), tipping and composting fee at $58.05 per wet ton. The wet ton price shall be adjusted in accordance with the Bureau of Labor Statistics Consumer Price Index (CPI), on an annual basis.

The term of agreement shall become effective on the signed Effective Date and shall continue in effect for a period of three (3) years. The Parties may extend the term of the Agreement on a year-to-year basis upon the written agreement of the Contractor and the City.

FISCAL IMPACT
The budget appropriation for bio solids (sludge) disposal in the Sewer Enterprise Fund will need to increase by approximately 31 % ($35,000) for next fiscal year.

PRIOR COUNCIL ACTIONS
Additional funds for bio-solids disposal were appropriated during Mid-Year Budget Review to cover the cost increase for the balance of the 2021-2022 fiscal year.

ATTACHMENTS
Services Agreement between the City ·of Reedley and Liberty Composting, Inc.

AGREEMENT FOR THE REMOVAL, TRANSPORTATION AND REUSE OF BIOSOLIDS This Agreement for the Removal, Transportation, and Reuse of Biosolids ("Agreement") is dated _______ ("Effective Date"), and is between the CITY OF REEDLEY ("the City") and LIBERTY COMPOSTING, INC. ("Contractor").

The City operates its waste water treatment plant at 1701 West Huntsman Avenue, Reedley, California ("the Plant"). The Plant produces up to 2000 tons per year of biosolids.

The Contractor operates a composting site situated on 163 acres of land at 12421 Holloway Road, Lost Hills, California ("the Site"). The Contractor has all permits and approvals necessary for the operation of the Site and wishes to remove, transport, and reuse biosolids produced at the Plant.

1. DEFINITIONS

1.1 Biosolids means municipal sewage sludge resulting from the treatment of wastewater at the Plant that is digested and meets Class Band Table 1 quality standards for land application under Part 503 of Title 40 of the Code of Federal Regulations, "Standards for the Use and Disposal of Sewage Sludge" ("Part 503 Rule"), and mechanically dewatered.

1.2 Contractor,means Liberty Composting, Inc., a corporation.

1.3 Permits means all federal , state and local permits that are required in order that the Contractor may lawfully perform the duties required by this Agreement, including transportation, operation of the Site, and the composting of Biosolids in accordance with legal requirements ..

1.4 Site means the Contractor's permitted Site located on 163 acres of land located at 12421 Holloway Road, Lost Hills, California, 93249

1.5 Plant means the Waste Water Treatment Plant located at 1701 West Huntsman Avenue, Reedley, California 93654.

2. BIOSOLIDS REMOVAL, TRANSPORTATION, AND REUSE

2.1 The Contractor shall remove and transport Biosolids from the Plant to the Site. The Contractor shall compost the Biosolids at the Site in accordance with the terms of this Agreement.

2.2 The Contractor shall remove from the Plant and transport to the Site for composting a quantity of Biosolids up to 2000 wet tons per year at the request of the City. The Contractor shall remove Biosolids as requested by the City on a timely basis. The time schedule for removing Biosolids will be as required by the City in its operation of the Plant and reasonable notification to the Contractor

2.3 The Contractor shall provide one trailer staged at the Plant at all times and truck tractor/trailer(s) for hauling Biosolids to the Site. Trailers shall be capable of properly collecting Biosolids at the Plant's dewatering station and safely containing the Biosolids during transportation to the Site. City personnel will fill trailers at the Plant with biosolids.

LIBERTY _ REEDLEY _AGREEM ENT_22FEB 14 Page 1

2.4 The Contractor shall compost all Biosolids and perform all services in a workmanship like fashion full in accordance with applicable legal requirements.

2.5 The City shall exercise reasonable efforis to load trailers with 25 tons of biosolids.

2.6 The Contractor shall weigh and obtain Weighmaster's Certificates for each load of Biosolids removed from the Plant at a State Certified Scale. Such weights shall serve as the basis for the Contractor billing the City for services performed.

3. PERMITS
3 .1 The Contractor shall, at no cost to City, obtain and maintain in effect all necessary licenses, Permits, and other approvals legally required in order to perform all activities and operations provided for in this Agreement. The Contractor and all processes utilized at the Site shall comply with all applicable local, state, and federal laws, rules, regulations, and pronouncements including but not limited to the following:

4. SITE INSPECTION

4.1 The Contractor shall grant the City and its representatives access to the Site.

The City shall not be required to give advance notice of such inspections to the Contractor.

5. COMPOSITION OF BIOSOLIDS

5.1 The City warrants that all Biosolids delivered to the Contractor will be classified as non-hazardous under Title 22, Division 4.5 , Chapter 11 , Article 3 of the California Code of Regulations and will meet all applicable Federal Part 503 Rule minimum quality standards for biosolids to be reused.

6. FEE FOR BIOSOLIDS REMOVAL, TRANSPORTATION, AND REUSE

6.1 The City shall pay to the Contractor for Biosolids removed from the Plant, a combined transportation, trailer rental (one trailer), tipping, and composting fee of $58.05 per wet ton. Extra trailers requested by the City will be provided at an additional charge to the City. The cost of any extra trailers will be determined at the time of request.

6.2 The Contractor shall submit invoices to the City on a monthly basis and the City shall make payment within thi11y (30) days of receipt.

6.3 The wet ton price shall be adjusted in accordance with Bureau of Labor Statistics Consumer Price Index (CPI), All Items, Los Angeles Area, on an annual basis.

7. INSURANCE
The Contractor shall obtain and keep in force during the term of this Agreement, at its sole expense, comprehensive general liability insurance with the City as a named insured or with endorsements naming the City as an additional insured with Contractor, covering all activities and operations undertaken in accordance with this Agreement, including the transportation of Biosolids LIBERTY _REEDLEY _AG REEM ENT _22FEB 14 Page 2
in any vehicle, including those leased by the Contractor. The coverage must provide the following minimum limits:

Automobile Liability:

Bodily Injury
Property
General Liability:

Bodily Injury
Property
$1,000,000 each person
$1 ,000,000 each occurrence
$1 ,000,000 aggregate products and
completed operations
$1 ,000,000 each occurrence
$1 ,000,000 aggregate
$1,000,000 each person
$1 ,000,000 each occurrence
$1 ,000,000 aggregate products and
completed operations
$1 ,000,000 each occurrence
$1,000,000 aggregate
All liability insurance policies must bear an endorsement or have an attached rider that provides that, in the event of expiration, proposed cancellation, or reduction in coverage of the policies for any reason whatsoever, the City will be notified by certified mail, return receipt requested, at least ten ( 10) days before expiration, cancellation, or reduction in coverage is effective.

8. TERM OF AGREEMENT
This Agreement will become effective on the Effective Date and shall continue in effect for a period of three (3) years. The Parties may extend the term of the Agreement on a year to year basis upon the written agreement of the Contractor and the City, and will be subject to any CPI adjustment.

9. ADDITIONAL PROVISIONS

9.1 Entire Agreement. This Agreement represents the entire agreement and understanding between the City and the Contractor as to those matters stated in this Agreement. No prior oral or written understanding is of any force or effect in regard to any matter covered by this Agreement.

9.2 Governing Law. The provisions of this Agreement will be interpreted and enforced in accordance with the laws of the State of California.

10. NOTICE
Any notice, payment, or instrument required or permitted to be given under this Agreement will be deemed received upon a signed receipt of personal delivery or seventy two (72) hours after LIBERTY _REEDLEY _AG REEM ENT _22FEB 14 Page 3
deposit in any United States Post Office, registered or certified, postage prepaid and addressed to the Party for whom intended, as follows:

TO THE CITY:

City of Reedley
Attn: Martha Cardosa
Wastewater Systems Supervisor
1 733 9th Street
Reedley, CA 93654
TO LIBERTY COMPOSTING:

Liberty Composting, Inc.

Attn: R. Patrick McCaiihy
P. 0. Box 5
Lost Hills, CA 93249
The Pariies are signing this Agreement as of the Effective Date.

LIBERTY _REEDLEY _AGREEMENT_22FEB 14
City of Reedley
By:

Nan1c Nicole Zieba
Title City Manager
LIBERTY COMPOSTING, INC.

By:----------
R. Patrick McCarthy
General Manager

DATE:

TITLE:

April 26, 2022

REEDLEY CITY COUNCIL
Consent
Regular Item
Workshop
Closed Session
Public Hearing
ITEM NO: 5 ----

APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

REEDLEY AND FAMILY HEALING CENTER TO CONDUCT FORENSIC

INTERVIEWS WITH VICTIMS AND WITNESSES OF SEXUAL
ASSAULTS.

SUBMITTED: Jose L. Garza, Chief of Poli~
APPROVED: Nicole R. Zieba, City Manager

RECOMMENDATION
Approve and authorize the City Manager to sign a Memorandum of Understanding ("MOU") between the City of Reedley and Family Healing Center to conduct forensic interviews with victims and witnesses of sexual assaults.

BACKGROUND
The Reedley Police Department has been assisting the victims of Domestic Violence and sexual assault by referring those victims and families to the Family Healing Center.

The Reedley Police Department's Victim Services Unit (VSU) routinely utilizes the Family Healing Center services primarily for forensic sexual assault examinations and forensic interviews of victims and witnesses.

The ability to partner with Family Healing Center has dramatically improved crime victims' lives by providing a caring environment and not having to re-victimize survivors by having a multi-disciplinary team approach. Using the multi-disciplinary approach, law enforcement, district attorney's office, forensic interviewers, forensic nurses, and victims' advocates are on-site to provide services.

During the past year eleven (11) forensic interviews of victims or witnesses were completed by the Family Healing Center. Direct services received by entering this MOU are located on page 2 of the MOU.

It should be noted any forensic medical evidentiary exams are conducted by the Central Valley Forensic Nursing Specialists and are charged at a different rate per examination.

FISCAL IMPACT
A flat fee of $1,000 will be billed to the City of Reedley for FY 22-23.

ATTACHMENTS
Memorandum of Understanding
f an1ily Heal ng Center I ,_- i I ,-J-.- !' ~f -ir ·. ,- ·~; ,1 t- r 11 •• 1-

MEMORANDUM OF UNDERSTANDING
WHEREAS, The Family Healing Center and the Reedley Police Department have come together to collaborate and create a partnership to assist victims of Sexual Assault, Child Abuse and Domestic Violence, and
WHEREAS the partners herein desire to enter into a Memorandum of Understanding setting forth the services to be provided by the partnership; and
WHEREAS the MOU prepared and approved by the partners may be used to be submitted at any time during the life of the agreement as part of an RFP for grant funding, and WHEREAS this MOU is in effect from April 1, 2022 through March 31, 2023 or until the end of the current Cal OES Grant cycle should it be extended.

I) Description of Partner Agencies
The Family Healing Center has been assisting victims of domestic violence and sexual assault sinqe 2011. The agency uses a multidisciplinary team approach by combining law enforcement, district attorney's office, forensic interviewers, therapy and counseling, forensic nursing through a separate contract or MOU with Central Valley Forensic Nursing Specialists Inc. (herein after referred to as CVFNS), and advocacy all in one abuse center.

The Reedley Police Department is responsible for ensuring the safety of the individuals in their cities. The agencies provide routine law enforcement duties such as being proactive in deterring crime and proactive in investigations, follow-ups, and arrest.

II) History of Relationship
The Reedley Police Department has been assisting the victims of domestic violence and sexual assault by referring individuals and families to the Family Healing Center. The Reedley Police Department Sexual Assault Unit routinely utilizes the services primarily for Forensic Interviews of victims and witnesses and referring victims and their families for therapeutic counseling services. Forensic Sexual Assault Examinations conducted by CVFNS via a separate MOU or contract. Consequently, their relationship has helped the victims by providing needed services.

Ill) Roles and Responsibilities
NOW, THEREFORE, it is hereby agreed by and between the partners as follows:

The Family Healing Center will work collaboratively with the Reedley Police Department to assist victims of domestic violence and sexual assault. The Family Healing Center will work with men, women and children who are survivors of sexual and physical abuse through a multidisciplinary team approach. The agency will be utilized combining law enforcement, district attorney's office, forensic interviewers, therapy and counseling services, forensic nursing through CVFNS, and advocacy all in one center. The goal is to optimize outcomes for the victims by providing all assessments and treatment services in one supportive environment.

The Reedley Police Department will work on investigation, follow-up interviews, and arrest of the perpetrators. They are the first line of contact in the chain of support services that the victim(s) will receive. The Reedley Police Department will be responsible for referring victims to the Family Healing Center for services; these services will include but are not limited to;

IV) Timeline
family Healing Center , ,4 1 , , _,, -1 --: -i ·1, i i -: , .- ,r ,- , ·

MEMORANDUM OF UNDERSTANDING
o Forensic Interviews-offered on call for all needed interviews including emergency, after hours and weekends. Children and adults that have been victims of sexual assault and domestic violence and those who have witnessed any form of a violent crime, the Deaf and Hard of Hearing community, and developmentally delayed. A Spanish speaking interpreter is also available as needed. Cost for these services Is paid for through a grant from Ca/OES from April 1, 2022 through March 31, 2023 and any grant extension or subsequent grant for the same services. • The grant does not reimburse for Expert Court Testimony, Law Enforcement Consultation, Prevention Training and Education, Mandated Reporter Training, or other Roll Call Training requested by Law Enforcement. These are all necessary in order to ensure consistency in the MDIC process and to continue Team efficiency and proper victim care. We also try to maintain our availability as a 24/7 operation, which requires maintaining a high level of protection and security for our staff, your victims and staff if they are required to need our services after hours. This is provided for a flat rate of $1,000 for the fiscal year 2022-2023 as indicated.

D If victims or victim's family members require counseling or therapeutic intervention (individual, group or family) services will be provided on site by expert Family Healing Center staff. Referrals for legal assistance or court accompaniment will be provided to victims of domestic violence, dating violence, sexual assault, human trafficking and stalking with no restriction on age. These services also paid for through a grant from Ca/OES or funding through the VOCA from April 1, 2022 through March 31, 2023.

D If victims require a Forensic Medical Evidentiary Exam one can be provided on site 24/7 by Central Valley Forensic Nursing Specialists, Inc. (CVFNS). This service requires a separate contract or MOU with CVFNS and will be conducted at the discretion of the Law Enforcement agency.

The roles and responsibilities described above under this Memorandum of Understanding will commence on the date the MOU is signed and continue until March 31, 2023.

V) Commitment to Partnership
1) The Partnership service area includes the incorporated areas of the City of Reedley. 2) The partners agree to collaborate and provide service/assistance as described in the MOU to victims of domestic violence, child abuse and sexual assault.
3) Compensation under this MOU is defined in section Ill. All MDIC's are paid for by a grant from CalOES from April 1, 2022 through March 31, 2023. This does not include the 20% match required for the grant. In the event the grant is extended this MOU will be extended for the life of the grant. If a subsequent grant or different grant is acquired a new MOU will be required with the new or different grant information. This is subject to change based on any subsequent RFP's, grant funding opportunities or contracts. Changes to this effect will be appropriately considered and ratified through agency council and or boards.

r an1ily Healing Center c 1 , 1 ·i· · , l' ,, 1 'i·., r· VI) Severability
The provisions of the MOU are severable with 30-day notice of either party. The invalidity or unenforceability of any one provision in this MOU shall not affect the other provisions.

VII) Entire MOU
It is mutually understood and agreed that the foregoing constitutes the entire agreement between the parties as to the subject matter hereof. Any modifications or amendments to this MOU must be in writing and signed by authorized agent of each party within 30 days of said modification or amendment.

Indemnity for Professional Liability
When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless the City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or Subconsultants (or any Agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

Indemnity for Other Than Professional Liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless the City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligent performance of this Agreement by Consultant or by any individual or Agency for which Consultant is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Consultant.

Insurance Requirements
Without limiting Consultant's indemnification of the City, and prior to commencement of Work, Consultant shall obtain, provide, and continuously maintain at its own expense during the term of this Agreement, and shall require any subconsultants to obtain and maintain, policies of insurance of the type and amounts described below and, in a form, satisfactory to the City.
a. Workers' Compensation. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)). Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
b. General Liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, or equivalent, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. General liability policies shall provide or be endorsed using Insurance Services Office forms CG 20 10 to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. c. Automobile Liability. If Consultant (or subconsultants) utilizes automobiles in the performance of services under this agreement, 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 one million dollars ($1,000,000) combined single limit for each accident.

ran1ily Healing (~enter ·1 I ! I ·1 ·.•·r JI l ! ·: 'ti i· , . d. Professional Liability {Errors & Omissions). Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) Per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than one year after completion of the Services required by this Agreement.
e. Proof of Insurance. Consultant shall provide to City, certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Cities prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
f. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger), in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City.
g. Enforcement of Contract Provisions {non estoppel}. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
h. Specifications not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
i. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to Agency with thirty (30) days' notice of cancellation (except for nonpayment for which ten (10) days' notice is required) or non renewal of coverage for each required coverage. j. Self-insured Retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
k. Timely Notice of Claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

MEMORANDUM OF UNDERSTANDING
IN WITNESS THEREOF, the parties have caused their authorization agents to execute this MOU:

SIGNATURES
By By
Executive Director, Family Healing Center Chief or Designee, Date Date

DATE:

TITLE:

SUBMITTED:

APPROVED:

REEDLEY CITY COUNCIL
1:8] Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: lo ----
April 26, 2022

APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE

SIERRA KINGS HEALTH CARE DISTRICT MINI GRANT APPLICATION

AND RELATED DOCUMENTS REQUESTING AND ACCEPTING

FUNDING FOR ACTIVITIES RELATED TO MAY MENTAL HEALTH
AWARENESS MONTH.

Sarah Reid, Community Services Direct~
Nicole R. Zieba, City Manager k::':y:::::'.:

RECOMMENDATION
Approve and authorize the City Manager to sign the Sierra Kings Health Care District Mini Grant Application and related documents requesting and accepting funding for activities related to May Mental Health Awareness Month.

EXECUTIVE SUMMARY
Sierra Kings Health Care District formed a committee to plan activities which will take place during the month of May for Mental Health Awareness. The committee is compiled of representatives from the City of Reedley, Kings Canyon Unified School District, the Greater Reedley Chamber of Commerce, and California Health Collaborative. Together resources are being combined to offer activities in Reedley which will be free to the residents.

The City of Reedley will offer Yoga and Tai Chi Classes utilizing current instructors. Two classes of Yoga and Tai Chi will be available with one class hosted at the Community Center and the other class in Pioneer Park. This is a great opportunity to expose people to these two classes and encourage enrollment for the future. There is an Art Workshop planned which gives children and adults an opportunity to reflect on goals and a hopeful future. This event will be held at the Community Center. A call for artist will go out to the public at the end of April looking for the next mural for the Parkway. The selected artwork will hang on the backside of Reedley Lock and Leave next to the existing murals. The selection process will include a review of applications and designs by members of the Parkway Committee for a recommendation to the business owner, Reedley Lock and Leave. The business owner will review for approval before the recommendation comes to the City Council for the final approval.

FISCAL IMPACT
The attached Budget Amendment accepts and allocates $3,800 in grant appropriations, in the General Fund, to fund the different activities associated with May Mental Health Awareness Month through June 30th .

ATTACHMENTS

1. Budget Amendment Resolution No. 2022-030

2. Sierra Kings Health Care District Mini-Grant Agreement 2 BUDGET AMENDMENT
RESOLUTION 2022-030
The City Council of the City of Reedley does hereby amend the 2021-2022 Budget as follows:

SECTION I - ADDITIONS
Account Number
001-4640.1041
001-4640.1041
001-4640.1071
001-4640.2020
001-4640.3000
Total
Account Description
Enrichment Salaries PT & Temporary
Enrichment SS & Medicare PT Salaries
Enrichment Workers Comp Premium PT
Enrichment Special Supplies
Professional Services
Amount
$ 630
42 28
1,500
1,600
$ 3,800
Purpose: Staff is requesting appropriations to cover the costs associated with the activities associated with Mental Health Awareness Month.

SECTION II - SOURCE OF FUNDING
Account Number Account Description Amount
001-3614 Enrichment Programs $ 3,800
Total $ 3,800
Impact: The City of Reedley is receiving a mini-grant from Sierra Kings Health Care District which will cover the costs of the activities being offered for Mental Health Awareness Month.

REVIEWED: RECOMMENDED:

Assistant City Manager c~
The foregoing resolution was approved by the City Council of the City of Reedley on April 26, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN : APPROVED:

Mary L. Fast, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
,,);fJ

SIERR&INGS

HEALTH CARE DISTRICT

MINI-GRANT AGREEMENT
MINI GRANT RECIPIENT: City of Reedley- MHAM Contract A
MINI GRANT AMOUNT: $3,800
GRANT TERM: April 1, 2022 to June 30, 2022
This agreement (hereinafter referred to as "Agreement"), dated as of April 1, 2022, (hereinafter referred to as "Effective Date") is by and between Recipient, and the Sierra Kings Health Care District (hereinafter referred to as "the District"), an independent public agency established pursuant to the Local Hospital District Law in 1965 and the District Reorganization Act of 1965.

GRANT PURPOSE: By executing this Agreement, Recipient acknowledges that the goal of the District's grant program is to support community-based projects, organizations, and agencies which promote health and wellness related to Obesity, Diabetes, and/or Behavioral Health.

Recipient certifies that the proposed uses of grant funds are in furtherance of this goal.

The specific purposes and uses of Recipient's grant funds are set forth in the mini-grant budget, which is attached herein as Exhibit A.

CONDITIONS: Recipient agrees as follows:

1. Term and Scope. This Agreement is for a term commencing on Effective Date and ending no later than June 30, 2022, and has no effect until it is executed by Recipient and the District. Recipient agrees to adhere to the use of the funds as described in the Recipient's budget.

2. Recipient agrees to expend the grant funds for the purposes set forth above and in the attachments to this Agreement, and for no other purpose. Recipient further agrees to keep and use any non-consumable goods and materials purchased with District funds for a period of not less than three years and to use them for the purposes set forth above.

3. Not later than the last day of the grant term, Recipient agrees to provide the District with a summary report on activities together with documentation of its expenditures of grant funds in the format original receipts and/or invoices.

4. For a period of not less than three years from the initial disbursement of grant funds, Recipient agrees to keep complete records of expenditures of grant funds, in accordance with generally accepted principles of accounting, sufficient to fully document the nature of such expenditures.

,_?fi,. SIERR~INGS

HEALTH CARE DISTRICT

5. For a period of not less than three years from the initial disbursement of grant funds, Recipient agrees to permit authorized representatives the District to have access to any and all items or materials purchased with District funds and to its books and records upon reasonable notice and during Recipient's normal business hours for the purpose of verifying Recipient's compliance with the terms of this Agreement.

6. The amount of $3,800 which is equal to 100% of the grant amount set forth at the top of this Agreement, shall be paid in advance upon execution of this Agreement.

7. Recipient agrees to repay the District upon demand any grant funds remaining unexpended as of the final date of the term.

9. Recipient agrees to repay the District upon demand any grant spent for purposes other than those set forth above. This provision shall survive termination or expiration of this Agreement.

10. Recipient must comply with all applicable laws providing equal employment opportunities. CONTRACTOR must not discriminate against any person on the grounds of race, color, creed, gender, gender identity, religion, marital status, registered domestic partners status, age, national origin or ancestry, physical or mental disability, medical condition including genetic characteristics, sexual orientation, pregnancy, citizenship status, military or veteran status, or any other characteristics, sexual orientation, pregnancy, citizenship status, military or veteran status, or any other characteristic made unlawful by federal, state, or local laws.

11. Recipient agrees to defend, indemnify, hold harmless, and release the District, and it's employees, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity, to the extent arising out of the negligent acts or omissions or willful misconduct in the performance of this Agreement by Recipient, whether or not there is concurrent negligence on the part of the District, but excluding liability due to the active negligence or willful misconduct of the District.

This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Recipient or its agents under workers' compensation acts, disability benefit acts, or other employee benefit acts. This provision shall survive termination or expiration of this Agreement.

12. Recipient shall agree to maintain insurance in accordance with the provision of Exhibit C herein.

13. There are no third-party beneficiaries of this Agreement, and it may be enforced only by the parties hereto.

14. Recipient agrees that:

.... ~ ~ J .

SIERR~INGS

HEALTH CARE DISTRICT

14.1 In the event that Recipient's agency, organization, or business is closed within three (3) years of Effective Date, Recipient will notify the District not less than fifteen (15) business days prior to closure. Notice should be sent to the following address:

Sierra Kings Health Care District
1011 G. Street
Reedley, CA 93654

14.3 In the event that Recipient's agency, organization, or business is closed within three (3) years of Effective Date, Recipient agrees to dispose of equipment purchased with funds received through the Mini-Grant Program in accordance with directions from the District. In the event that Recipient's agency, organization, or business is closed prior to the initial expenditure of any grant funds hereunder, Recipient shall repay the District all such unspent funds immediately and without formal demand by the District for such repayment.

Recipient understands that the District may direct that equipment in good condition be donated to one or more appropriate agencies, organizations, and/or businesses promoting health and wellness throughout the District.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

RECIPIENT:

Nicole Zieba, City Manager
City of Reedley
Chinayera Black Hardaman, MPA, CEO
Sierra Kings Health Care District
Dated
Dated

Contract No. 2021-12
Exhibit A. Itemized Budget
Item Total Amount
1 Instructor Payments/Presenters
2 a. Yoga Classes $400
3 b. Tai Chi Classes $300
4 c. Art Workshop Instructor $750
5 d. Mural Oversight $350
6 e. Presenter-The Juggle is Real $500
7 Supplies
8 a. Mural Project: panel, paints, sign, ceremony $650
9 b. Art Workshop Supplies: easels and snacks $850
Shipping 0.00
Tax 0.00
Total Budget $3800

Nicole Zieba
City of Reedley
1717 9th Street
Reedley, California 93654
(559) 637-4200 ext. 211
Contract No. 2021-12
Exhibit B. Mini Grant Invoice
,_);f;
SIERR~INGS

HEALTH CARE DISTRICT
Contract Number: 2022 - MHAM - A
Program Title: Mental Health Awareness Month Activities Mini Grant Amount: $3,800
By accepting these Mini Grant funds, I certify that the funding will be used in a manner consistent with that described in my Mini Grant Application and the specifications of Contract No. 2022 - MHAM - A.

Further, I understand that I am responsible for providing all receipts and/or invoices that reflect actual expenditures listed in Exhibit B of this contract. I agree to repay any Mini Grant funds that are unused and/or inconsistent with the expenditures listed in Exhibit A.

F.OR INliERNAL USE ONLY
____ Approved
____ Not Approved
Signature of Nicole Zieba
Agency
Date
CEO Signature: ________________ _
Date: ____________________ _

Contract No. 2021-12

STANDARD INSURANCE PROVISIONS
(For contracts NOT requiring prof essional liability insurance and NOT involving construction proj ects or property rental regarding grants under the Sierra Kings Health Care District) All insurance coverage is to be placed with insurers which:

A. Have a Best's rating of no less than A VII; and,
B. Are admitted insurance companies in the State of California. All other insurers require the prior approval of the DISTRICT. Such insurance coverage shall be maintained during the term of this Agreement.

All insurance policies shall name DISTRICT as an additional insured. A copy of the endorsement evidencing that DISTRICT has been added as named additional insured on the policy, must be attached to/included in the certificate of insurance.

All insurance policies shall provide that no cancellation, major change in coverage, or expiration shall be effective or occur until at least thirty (30) days after receipt of such notice is received by DISTRICT.

Without limiting CONTRACTOR' S indemnification of DISTRICT, CONTRACTOR shall procure the following required insurance coverage at its sole cost and expense:

1. Worker's Compensation Insurance
CONTRACTOR is independent and not an employee of the DISTRICT. Statutory Workers' Compensation and Employers Liability Insurance shall cover all CONTRACTOR' S staff while performing any work incidental to the performance of this Agreement.

In the event CONTRACTOR is self-insured, it shall furnish a copy of Certificate of Consent to Self-Insure issued by the Department of Industrial Relations for the State of California.

This provision does not apply if CONTRACTOR has no employees as defined in Labor Code §3350 et seq. during the entire period of this Agreement and CONTRACTOR submits a written statement to the DISTRICT stating that fact.

2. General and Automobile Liability Insurance
The general liability insurance shall include personal injury liability coverage, coverage for all premises and operations of CONTRACTOR, and contractual liability coverage for this Agreement between DISTRICT and CONTRACTOR.

The automobile liability insurance shall cover all owned, non-owned and hired motor vehicles which are operated on behalf of CONTRACTOR pursuant to CONTRACT'S activities hereunder. DISTRICT, their officers, employees, and agents shall be named as Additional Insured on any policy.

Contract No. 2021-12
The limit of liability of said policy or policies for general and automobile liability insurance shall not be less than One Million Dollars ($1 ,000,000) per occurrence combined single limit for bodily injury and property damage.

Personal injury liability coverage shall also be in the amount of not less than One Million Dollars ($1 ,000,000) per occurrence and aggregate.

Said policy or policies shall include a 'severability of interest' or ' cross liability' clause, or equivalent wording. Said policy or policies shall contain a provision of the following form:
"Such insurance as is afforded by this policy shall be primary and contributory to the full limits stated in the declarations, and if DISTRICT has other valid and collectible insurance for a loss covered by this policy, that other insurances shall be excess only." CONTRACTOR shall submit certificate(s) of insurance and endorsements documenting the required insurance as specified above, prior to this Agreement becoming effective. Current certificate( s) of insurance shall be maintained at all times in the officer of the designated DISTRICT representative as a condition precedent to any payment by DISTRICT under this Agreement. The approval of insurance shall neither relieve nor decrease the liability of CONTRACTOR. Upon written request by DISTRICT, CONTRACTOR shall provide a certified copy of any insurance policy to DISTRICT within ten (10) working days.

Failure to comply with the insurance requirements, as specified above, shall place CONTRACTOR in default.

DATE:

TITLE:

SUBMITTED:

APPROVED:

REEDLEY CITY COUNCIL
April 26, 2022
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 1 -.a:....---

STAFF RECOMMENDS THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS TO FUND SUMMER AFTER SCHOOL AND SWIM PROGRAMS:

A) APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A

MEMORANDUM OF UNDERSTANDING WITH KINGS CANYON
UNIFIED SCHOOL DISTRICT (KCUSD) TO PROVIDE 2022 SUMMER

PROGRAMS AT WASHINGTON AND T L REED SCHOOL SITES

INCLUDING SWIM INSTRUCTION FOR WASHINGTON AND

JEFFERSON STUDENTS AND RECREATION SWIM DAYS FOR ALL

KCUSD SUMMER SITES FOR A COMBINED AMOUNT NOT TO
EXCEED $263,606 .

B) ADOPT RESOLUTION 2022-031 AMENDING THE 2021-22 ADOPTED BUDGET APPROPRIATING $100,528 IN THE GENERAL FUND TO

PROVIDE SUMMER PROGRAMS AT WASHINGTON AND TL REED

SCHOOL SITES, SWIM LESSONS, AND RECREATION SWIM DATES
THROUGH JUNE 30, 2022.

C) APPROVE AND AUTHORIZE CITY MANAGER TO SIGN A SWEP

AGREEMENT FORM WITH VALLEY ROP AND KINGS CANYON

UNIFIED SCHOOL DISTRICT TO PROVIDE SUMMER INTERNS TO

WORK FOR THE CITY OF REEDLEY WITHIN THE SUMMER
PROGRAMS AT TL REED AND WASHINGTON SCHOOL SITES.

Sarah Reid ();f __.,--·
Community Services Direct~ ~
Nicole R. Zieba
City Manager

RECOMMENDATION
Staff recommends that the City Council take the following actions to fund Summer After School and Swim Programs: A) Approve and authorize the City Manager to sign a Memorandum of Understanding with the Kings Canyon Unified School District (KCUSD) to provide summer programs at Washington and T L Reed School sites including the swim instruction for Washington and Jefferson students and recreation swim days for all KCUSD summer sites for a combined amount not to exceed $263,606, B) Adopt Resolution No. 2022-031 amending the 2021-22 Adopted Budget appropriating $100,528 in the General Fund to provide summer programs at Washington and T L Reed School sites, swim lessons, and recreation swim dates through June 30, 2022, and C) Approve and authorize City Manager to sign a SWEP Agreement form with Valley ROP and Kings Canyon Unified School District to provide summer interns to work for the City of Reedley within the summer programs at T L Reed and Washington School sites.

EXECUTIVE SUMMARY
The City of Reedley provides services for the after school programs at T L Reed and Washington School sites. Summer programs have been offered at Washington for the past nine years and at T L Reed for the past seven years. Services the City provides include; hiring, training and supervision of personnel, payroll, budget management, reimbursement billing, coordination with the school principals, and providing a cell phone at each school site. The City will also provide one employee at Washington and two employees at T L Reed to support the morning school summer program. This additional service started as a response to resuming school with Covid-19 protocols and provided the school administration additional staff to use in the areas that needed attention. This additional support has worked out so well that it continues to be requested. With the City of Reedley providing these opportunities, it allows the after school part time staff to stay employed throughout the summer which supports staff retention.

The City of Reedley will provide swim instruction for 180 students in the Washington and Jefferson School Summer Programs. Through the City of Reedley Aquatics program, seventeen days of recreation swim will be available to KCUSD Summer Programs allowing students to swim at the Reedley High School Pool. The City of Reedley is partnering with KCUSD and Community Youth Ministries (CYM) for these programs. The City of Reedley lifeguards will provide these services during days and times that do not conflict with the City of Reedley Aquatics program.

The Community Services Department has utilized summer interns in the past and found it to be very beneficial and successful. The summer internship program gives Reedley High School students the opportunity to gain work experience while receiving compensation. The summer interns that are placed with the Community Services Department will work in summer after school programs at T L Reed and Washington Schools assisting the paid staff with daily tasks.

FISCAL IMPACT
The attached budget amendment requests $100,528 in appropriations for the General Fund to provide the 2022 Summer Program services for the swim lessons, recreation swim dates and the program costs at T L Reed and Washington sites through June 30, 2022. The contract revenue will cover direct program costs and includes administrative fees for 18 days of programming during the 2021-22 fiscal year.

The remaining value of the contract, approximately $163,078, will be provided in the next fiscal year, and the majority of these costs were included in the City's Proposed 2022-23 Budget; however, it was determined from KCUSD that additional supply funding is available so a Budget Amendment will come to the City Council in July.

ATTACHMENTS

1. Budget Amendment Resolution No. 2022-031

2. Memorandum of Understanding with the Kings Canyon Unified School District (KCUSD)

3. SWEP Agreement Form
2 BUDGET AMENDMENT
RESOLUTION 2022-031
The City Council of the City of Reedley does hereby amend the 2021-2022 Budget as follows :

TION I - ADDITIONS
Account Number
001-4662.1020
001-4662.1041
001-4662.1071
001-4662.2020
001-4664.1020
001-4664.1041
001-4664.1071
001-4664.2020
001-4620-1020
001-4620.1041
001-4620.1071
Total
Account Description
KCUSD Summer Reed Salaries PT & Temporary
KCUSD Summer Reed SS & Medicare PT Salaries
KCUSD Summer Reed Workers Comp Premium PT
KCUSD Summer Reed Special Supplies
KCUSD Summer Wash Salaries PT & Temporary
KCUSD Summer Wash SS & Medicare PT Salaries
KCUSD Summer Wash Workers Comp Premium PT
KCUSD Summer Wash Special Supplies
Aquatics Summer PT & Temporary
Aquatics Summer SS & Medicare PT Salaries
Aquatics Summer Workers Comp Premium PT
$
$
Amount
32,885
2,166
1,122
8,000
37,722
2,466
1,306
8,000
6,076
465
320
100,528
Purpose: Staff is requesting appropriations to cover the costs to provide summer programs at Washington and T L Reed School sites including the swim instruction for Washington and Jefferson students and recreation swim days for to all KCUSD summer sites

II - SOURCE OF FUNDING
Account Number
001-3855
001-3856
001-3616
Total
Account Description
KCUSD Summer Program Reed
KCUSD Summer Program Wash
Summer Aquatics
$
$
Amount
44,173
49,494
6,861
100,528
Impact: Cost for summer program services rendered prior to June 30th. The additional amounts appropriated will provide the 2022 Summer Program services for the swim lessons, recreation swim dates and the program costs at T L Reed and Washington sites. The contract revenue will cover direct program costs and includes administrative fees for 19 days of programming during the 2021-22 fiscal year.

REVIEWED:
lie.I~
i ssistant City Manager
~ ED:
~
The foregoing resolution was approved by the City Council of the City of Reedley on April 26, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: APPROVED:

Mary L. Fast, Mayor
ATTEST:

Ruthie Greemvood, City Cleik
Memorandum of Understanding

BETWEEN

KINGS CANYON UNIFIED SCHOOL DISTRICT (KCUSD)
AND

CITY OF REEDLEY

TO OFFER AFTER SCHOOL SUMMER PROGRAMS AT WASHINGTON AND TL REED SCHOOLS I. TERM
The effective dates of the Agreement are from May 16, 2022 to August 1, 2022. The first day of service shall be on or after May 16, 2022. Programs will run no later than August 1, 2022.

II. SERVICES TO BE PERFORMED
Services will include recreation and enrichment programs (which may include intramural activities, performing arts, cultural topics, arts & crafts, and community service). Services will be provided each day that the afterschool summer program meets and 15 additional days to end on July 26.

City of Reedley will provide 13 Recreation Leaders, two Assistant Site Coordinators and one Site Coordinator at Washington. 12 Recreation Leaders, two Assistant Site Coordinator and one Site Coordinator at TL Reed . These employees will oversee the snack distribution, provide supervision, offer enrichment and recreational activities (which may include performing arts, cultural topics, arts & crafts, structured recreation, applied science, and community service) in a safe environment, conducive for the student-participant's personal growth. The student to staff ratio at each site will not exceed 15 students to each staff.

City of Reedley will provide administration, recruitment, planning, coordination, professional development, field site supervision, and general implementation for the Afterschool Summer Program at Washington and T L Reed Schools.

City of Reedley will provide professional development for each staff member including but not limited to classroom management, lesson planning, implementation, and child development principles. Ongoing evaluation, training and coaching of site staff are also included.

City of Reedley will complete reporting procedures required by KCUSD administration (e.g., attendance tracking, site profiles).

City of Reedley will provide personnel on days when KCUSD's Summer School Program is in operation, who will support site administration with daily tasks. City staff will take direction

from site administration in providing various activities for students who attend the Summer School Program. Services will be provided up to 5.0 hours per day each day the Summer School Program if offered. City will provide one staff at Washington Elementary School and two staff at Thomas Law Reed.

City of Reedley will provide swim instruction for 180 students attending the Washington and Jefferson Summer Programs. The City will provide one Pool Manager, one Senior Guard and six Lifeguards to provide the instruction. Eight, 30-minute swim lessons will be available MondayThursday (with two Fridays due to no program June 6 and July 4 holiday) between the dates of June 7-June 30 during the hours of 1:15pm-3:45pm. The City will also host 17 days of recreation swim for KCUSD summer programs to attend between the hours of 1:30pm-3pm, June 17, 24 and July 1, 5-8, 11-15 or 18-22.

City of Reedley will put in the Request for Facility with KCUSD for use of the Reedley High School Pool.

Ill. DESCRIPTION OF PROJECT PLAN
The average number of daily students will be approximately 100-150 per site (with changes agreed to by both KCUSD and City of Reedley administration as deemed necessary). The students' participation in this project will increase their academic skills and their opportunities for personal growth. The goal of the projects is that participating students will demonstrate enhanced academic skills, leadership skills, self-concept, personal awareness, improved decision-making skills and self-motivation.

IV. MANNER OF PERFORMANCE
City of Reedley shall perform all services required in a competent and professional manner. All City of Reedley employee will have fingerprint clearance through DOJ and FBI, and have a negative TB test result on file (within four years of contract date). Each City of Reedley employee shall complete the City of Reedley employment application and screening process prior to participation. The City of Reedley After-School Program Director or Designee shall review, evaluate, and determine the acceptance of the Program to be produced under the terms of this agreement, in conjunction with KCUSD personnel or Designee.

V. SUPPLIES AND EQUIPMENT
All materials and supplies utilized as part of these programs will be purchased by City of Reedley (as part of the total fees for services).

VI. PLACE OF PERFORMANCE

City of Reedley shall render service(s) described above at the following locations: Washington, TL Reed Schools, and the Reedley High School Pool.

VII. COMPENSATION
The maximum to be paid to City of Reedley by KCUSD for all services and materials, including employer costs, provided under the terms of this Agreement shall not exceed $263,606.

City of Reedley will invoice KCUSD in advance of services performed before June 30, 2022 within 30 days of the execution of this agreement. A second invoice will be provided to KCUSD for services preformed from July 1-July 26, 2022.

VIII. INDEMNIFICATION
Each party shall indemnify, defend and hold harmless the other party, its officers, agents, employees and members of its governing board, from and against any and all third party claims, demands, losses, judgments, liabilities, causes of action and expenses, including attorney fees and costs, of any kind or nature they may sustain or incur or which may be imposed upon them for injury to or death of any person, or damage to property, or for any other act(s) arising out of or in any manner related to or connected with the indemnifying party's (including its officers, agents and employees) willful misconduct or negligence in performing, or failing to perform, its duties or obligations under this Memorandum of Understanding.

IX. LIABILITY INSURANCE
Without limiting City of Reedley indemnification, City of Reedley shall secure and maintain during the term of the Agreement, a comprehensive general liability policy using an occurrence policy form with combined single limits of one million dollars, ($1,000,000) with a three million ($3,000,000) aggregate limit. KCUSD shall be named as an additional insured on the policies.

X. TERMINATION OF AGREEMENT
This Agreement terminates effective August 1, 2022. Any party may terminate this agreement at any time for any reason upon written 30 days' notice. In the event of early termination, City of Reedley shall be paid for satisfactory work performed to the date of termination.

XI. By entering into this MOU all parties recognize and agree:

A. To work collaboratively as partners to ensure the success of the programs.

B. That this agreement may be modified at any time by written consent.

C. That certain information received in the course of business is confidential according to law and policy and agrees to respect requirements in this regard.

D. That availability of funds may have a bearing on the ability to implement all or parts of this agreement.

E. That City of Reedley and KCUSD shall comply with all applicable Federal, State, and local laws in the performance of these services.

WITNESS THEREOF, the parties hereto have executed this MOU as of the day and year first written below:

KCUSD:

John Campbell
Superintendent
TL Reed (ELP)
TL Reed (Morning)
Washington (ELP)
Washington (Morning)
Lessons/Rec Swim
Total
Date
City of Reedley:

Nicole Zieba
City Manager
City of Reedley Program Breakdown
15 $100,386 $15,022
2 $3,520 $525
16 $112,212 $16,872
1 $1,760 $250
8 $11,356 $1,703
35 $229,234 $34,372
Date
$115,408
$4,045
$129,084
$2,010
$13,059
$263,606
• Summer Expanded Learning Program Staff hours includes 34 days (June 6-July 25. No program July 4) and 2 prep/clean-up day(June 6 & July 26). • Summer School Support Staff hours includes 19 days (June 7-Julyl) and 1 prep/training day (June 6).
• Swim Lessons/Rec Swim includes 16 days of swim lessons and 17 days of rec swim.

Summer Work Experience Program
Kings Canyon Unified School District/Valley ROP
180110th Street, Reedley, CA 93654
SWEP Agreement Form
Student Responsibilities: *Follow COVID safety protocols at the job site.

1. Demonstrate honesty, punctuality, courtesy, a cooperative attitude, proper dress and grooming habits, and a willingness to learn.

2. Ask questions of my supervisor(s) if I do not understand my job description.

3. Complete each job in order to obtain the best evaluation possible.

4. Participate in an on-the-job evaluation.

5. Keep regular attendance, both in school and at the training/ job site.

6. Must attend and complete Mandatory Orientation and 7 workshops to be eligible for SWEP.

7. Complete all forms and related instruction assignments required by the program.

8. Inform Career Coordinator of any changes or problems concerning my site.

District Responsibilities *Provide PPE supplies to student workers, if needed.

1. Provide Worker's Compensation Insurance for students involved in SWEP Internship Agreement.

2. Assist student to improve performance and help to solve problems related to the program.

3. Make periodic visits to the job site to observe the student and to consult with employer concerning progress and training of student

4. Shall be responsible for payment to the student(s) working of hourly work at minimum wage rate for a maximum limit of 100 hours.

5. Shall be responsible to provide a Certificate of Completion for SWEP Internship Program, a letter of reference, and validate hours worked.

Business Responsibilities *Ensure the student follows your COVID safety protocols.

1. Provide time for consultation concerning the students and assist in the evaluation of the student.

2. The business/ training site shall provide a safe/hazard free environment.

3. Shall be required to abide by all Child Labor Laws for the State of California.

4. A SWEP Internship trainee is not to replace a regular employee.

5. Immediately call SWEP Internship Coordinator before eliminating a trainee from program.

6. Consult with Internship Coordinator should any issues arise with trainee and/or program.

My signature below indicates that I agree to consider the trainee for SWEP Internship where they will receive a Certificate of Completion and Letter of reference upon successful completion of his/ her subsidized hours.

Parent Responsibilities *Remind the student to follow all COVID safety protocols.

1. Support and encourage the student in his/ her endeavors and responsibilities.

2. Assume responsibility for the conduct of the student while working.

3. Be willing to provide transportation, if necessary.

SWEP Internship Trainee Signature/ date (Type or Print/ Trainee Name) Employer/ Supervisor Signature/ date (Type or Print/ Supervisor Name) --------------------------- - - ------------------
Parent Signature/ date SWEP Internship/ Career Coordinator Nondiscrimination Statement
Federal and state laws make it unlawful to discriminate employment on the basis of race, color, sex, national origin, disability, or age.

DATE: April 26, 2022

REEDLEY CITY COUNCIL
ISi Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: _ '3 __ _
TITLE: ADOPT RESOLUTION 2022-032, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF REEDLEY IN SUPPORT OF THE COUNTY OF FRESNO
HOMELESSNESS PRIORITIES FOR CALENDAR YEAR 2022
APPROVED: Nicole R. Zieba
City Manager

RECOMMENDATION
That the City Council adopt Resolution 2022-032 affirming the City's support for the County's 2022 Homelessness Priorities and committing to work collaboratively with other jurisdictions to address homelessness in Fresno County.

BACKGROUND
On March 22, 2022, the Fresno County Board of Supervisors unanimously adopted a County Resolution listing 7 priorities for addressing homelessness in the County. These 7 priorities will serve as the foundation for developing a comprehensive plan related to homelessness. The County has asked all incorporated cities in Fresno County to affirm their support for the priorities, and committing to working collaboratively with the County to address this issue.

There are no specific commitments being made through the adoption of this Resolution. As the County develops their plan to address homelessness, staff will bring items forward to Council, if any of the plan elements impact the City or require any commitment on the part of the City.

The County's 2022 Homelessness Priorities are:

1. OUTREACH
Informed by reporting parties and law enforcement to engage, provide services and hygiene kits at encampments, linkage to programs/resources, and track key data related to homelessness and service need, and strengthen medical outreach resources.

2. RELOCATION AND SANITATION
Through continued enforcement of ordinances to address hazardous or unsanitary conditions, which constitute fire, health, and/or safety risks.

3. TRANSPORTATION
To connect individuals to services and maintain engagement.

4. SAFE SHELTERS/TRIAGE CENTERS
Through coordination with cities and partnerships with community faith-based organizations and to include emergency housing for those who are not ambulatory and have health needs.

5. TRANSITIONAL AND AFFORDABLE HOUSING
That includes exploration of independent living, rehabilitation of existing homes and other housing opportunities.

6. WRAP AROUND SERVICES
Include substance use disorder and mental health services that continue once individuals exit programs and/or jail and expand diversion from homelessness and rapid rehousing services.

7. JOB PLACEMENT AND TRAINING
To train/retrain individuals entering/re-entering the work force.

FISCAL IMPACT
There is no fiscal impact to the City by affirming and adopting the County's 2022 Homeless Priorities.

ATTACHMENTS

1. Resolution No. 2022-032

2. Letter and document package from the County of Fresno, dated March 22, 2022, regarding the County's 2022 Homelessness Priorities

RESOLUTION NO. 2022-032

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY,

CALIFORNIA, SUPPORTING A BOARD OF SUPERVISORS OF THE COUNTY

OF FRESNO RESOLUTION REGARDING HOMELESSNESS PRIORITIES
WHEREAS, the Board of Supervisors of the County of Fresno adopted Homelessness Priorities Resolution No. 22-079 at their March 22, 2022 meeting; and WHEREAS, the County of Fresno and the City of Reedley have jointly undertaken multiple efforts at the local level to address homelessness countywide; BE IT RESOLVED that the City Council ofthe City of Reedley supports the adoption of Resolution No. 22-079 by the Board of Supervisors of the County of Fresno regarding the matter of Homelessness Priorities for 2022.

PASSED, APPROVED AND ADOPTED this 26 day of April, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mary L. Fast, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
County of Fresno
Board of Supervisors
Minute Order
March 22, 2022
Hall of Records, Room 301
2281 Tulare Street
Fresno, California
93721-2198
Telephone: (559) 600-3529
Toll Free: 1-800-742-1011
www.co.fresno.ca .us

Present: 5 - Supervisor Steve Brandau, Supervisor Nathan Magsig, Supervisor Buddy Mendes, Chairman Brian Pacheco, and Vice Chairman Sal Quintero
Agenda No. 11 . Administrative Office File ID: 22-0178
Re: Receive verbal update and adopt Resolution establishing the 2022 Homelessness Priorities, which will serve as the basis to address homelessness countywide; and, support the structure of the Multi-Agency Response to Community Homelessness, which will serve as a regional collective impact initiative maintaining focus on the community's adopted homelessness priorities RECEIVED VERBAL UPDATE. A MOTION AS MADE BY SUPERVISOR MAGSIG, SECONDED BY SUPERVISOR MENDES, THAT THIS MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE:

Ayes: 5 - Brandau, Magsig, Mendes, Pacheco, and Quintero Resolution No. 22-079
County of Fresno Page 11
Board Agenda Item 11
DATE: March 22, 2022
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, County Administrative Officer SUBJECT: Homelessness: Update, 2022 Priorities, & the Multi-Agency Response RECOMMENDED ACTION{S):

1. Receive verbal update and adopt Resolution establishing the 2022 Homelessness Priorities, which will serve as the basis to address homelessness countywide; and,

2. Support the structure of the Multi-Agency Response to Community Homelessness, which will serve as a regional collective impact initiative maintaining focus on the community's adopted homelessness priorities.

Approval of the recommended actions will provide an update, adopt priorities to reduce homelessness in the County, and support the structure of the Multi-Agency Response to Community Homelessness (MARCH).

The priorities were assembled following meetings with cities within the County and input from the Departments of Behavioral Health, Public Health and Social Services. MARCH will coordinate resources regionally and cross-jurisdictionally, engage the community, and attract private funding to support community-specific programs. Items will be placed on the agenda for the Fresno City Council, Fresno Housing Authority (FHA), Fresno Madera-Continuum of Care (FMCoC), and the Fresno County Superintendent of Schools (FCSS) to support the priorities and MARCH structure. This item is countywide.

ALTERNATIVE ACTION(S):

Your Board may propose revisions to the priorities; however, the 15 incorporated cities compiled the priorities with input from the Departments of Behavioral Health, Public Health and Social Services. Your Board may propose recommendations to the structure of MARCH; however, coordination between the County, City of Fresno, FMCoC, FHA, and FCSS is integral to the development of prevention strategies, maintaining the most effective continuum of services for individuals experiencing homelessness, and to be well-positioned to receive additional public funding and attract private funding .

FISCAL IMPACT:

There is no Net County Cost associated with the recommended actions. County services are provided to individuals experiencing homelessness through various resources. MARCH will initially be supported by County of Fresno and City of Fresno administrative staff and have a data/community engagement component.

County of Fresno Page 1 File Number: 22-0178
File Number: 22-0178
DISCUSSION:

Street2Home Planning Committee
In September 2018, a report by Barbara Poppe entitled Street2Home: A Framework for Action was published, accessible at <https://www/street2homefresno.org> . The report assessed the Fresno metro community's overall strengths and opportunities and advised on proven practices that have been shown to reduce homelessness in other communities and was written to serve as a strategic framework to end homelessness in the Fresno community. As part of this new approach, on November 6, 2018, the Board appointed the County Administrative Officer (CAO) and designated a member of the Board to participate on the Street2Home (S2H) Planning Committee. The goal of the Planning Committee was to establish the structure of a collective impact initiative board. The report by Barbara Poppe proposed a membership composed of representatives of philanthropy, business sector, ecumenical faith community, experts on affordable housing and homelessness, the executive director of the FHA, key homeless assistance providers, and human services experts, including victim services, mental health care, substance use disorders, and workforce development providers. The CAO recommended the inclusion of members from rural cities to ensure their interests were represented.

Homelessness Priorities for Calendar Year 2019
On June 4, 2019, your Board adopted the County's Homelessness Priorities for Calendar Year 2019. The priorities were compiled by the Directors of the Departments of Behavioral Health, Public Health, and Social Services and the 15 incorporated cities of the County. The priorities addressed jurisdictional boundaries, transportation, outreach, housing, data, direct services, and the preservation of public health and public safety. In addition, they were intended to be a comprehensive list that addressed the County and its15 incorporated cities and would be updated as necessary based on data-driven outcomes and at least once a calendar year. The 15 cities are Clovis, Coalinga, Firebaugh, Fowler, Fresno, Huron, Kerman, Kingsburg, Mendota, Orange Cove, Parlier, Reedley, San Joaquin, Sanger, and Selma.

Street2Home Founding Structure
On October 22, 2019, your Board approved the founding structure of the S2H Coordinating Council, which was to maintain focus on the priorities adopted in June 2019. The S2H Coordinating Council was to review and address the causes of homelessness and spearhead the development of affordable housing strategies.

The structure included a Fresno County Board of Supervisors member, Mayor of the City of Fresno, a Fresno City Council member, a Madera County Board of Supervisors member, the Fresno County Superintendent of Schools or designee, the Fresno Madera Continuum of Care Chair, the Fresno Housing Authority Executive Director, a Fresno County rural city representative (other than the Cities of Fresno and Clovis) designated by Fresno County Council of Governments. In addition, the following were to be selected:
a representative of philanthropy, a representative of corporate/business/developer and a representative of the hospital system. The founding structure was also adopted by the Fresno City Council, FHA, and FMCoC.

Recommended Actions
Update & Priorities
Since 2019 and through COVID-19 public health emergency (COVID-19), the community improved coordination between the County and other jurisdictions (government, community based organizations, special districts, and private agencies), a dedicated outreach team now roves metro and rural areas, housing and direct services increased with access to care and housing options, transportation to appointments and telehealth capability were added and priority access to emergency housing was implemented. Although, data collection was refined, funding and service decisions became more structured, comprehensive case management was enhanced and substance use disorder and mental health services adapted to meet the then-current need, much more is needed to continue to address homelessness County of Fresno Page2 File Number: 22-0178
File Number: 22-0178
communitywide effectively and efficiently.

As detailed in Attachment A, the County's 2022 Homelessness Priorities include outreach, relocation and sanitation, transportation, safe shelters/triage centers, transitional and affordable housing, wrap around services and job placement and training. These priorities were identified through discussions with incorporated cities with input from the Departments of Behavioral Health, Public Health and Social Services.

The plan is to update the priorities as necessary based on data-driven outcomes or at least once a calendar year.

Multi-Agency Response to Community Homelessness (MARCH) At the end of 2021, following multiple changes in leadership between 2020 and 2021 (City of Fresno elected a new mayor, the FMCoC voted in a new Chair, the FHA hired a new Executive Director), it was determined that a change to the initiative's name was warranted. The initiative is now MARCH.

As a collective impact initiative maintaining focus on the community's adopted homelessness priorities, MARCH will coordinate resources regionally and cross-jurisdictionally, engage the community, and attract private funding to support community-specific programs.

The recommended structure of MARCH, also referenced in Attachment B, will include eight government and five multi-sector representatives. MARCH's key functions are to:
• Implement collective resources to maximize overall impact synergy over the years. • Educate and engage entire community in solutions.
• Establish data framework and reporting mechanism; what gets measured gets done. • Speak with one voice.
• Raise funds and other resources.
• Receive frequent input and updates from Community Based Organizations/Service Providers and Partner Jurisdictions.

With your Board's approval, the County will support the establishment of an efficient coordinated effort utilizing the adopted Homelessness Priorities as the basis to address homelessness region-wide. Items will be placed on the agenda for the Fresno City Council, FHA, and FMCoC to also obtain their support of the structure. MARCH will draft a Memorandum of Understanding, Bylaws and establish its nonprofit status.

OTHER REVIEWING AGENCIES:

The priorities were shared and reviewed by representatives of the 15 incorporated cities; it is anticipated the cities will support the priorities through city council action.

REFERENCE MATERIAL:

BAI #6, October 22, 2019
BAI #8, June 4, 2019
BAl#5, November 6, 2018
ATTACHMENTS INCLUDED AND/OR ON FILE:

Attachment A
Attachment B
On file with Clerk - Resolution
CAO ANALYST:

Sonia M. De La Rosa
County of Fresno Page 3 File Number: 22-0178
HOMELESSNESS PRIORITIESi
County of Fresno and 15 Incorporated Citiesii
March 2022

1. OUTREACH

ATTACHMENT A
Informed by reporting parties and law enforcement to engage, provide services and hygiene kits at encampments, linkage to programs/resources, and track key data related to homelessness and service need, and strengthen medical outreach resources.

2. RELOCATION AND SANITATION
Through continued enforcement of ordinances to address hazardous or unsanitary conditions, which constitute fire, health, and/or safety risks.

3. TRANSPORTATION
To connect individuals to services and maintain engagement.

4. SAFE SHELTERS/TRIAGE CENTERS
Through coordination with cities and partnerships with community faith-based organizations and to include emergency housing for those who are not ambulatory and have health needs.

5. TRANSITIONAL AND AFFORDABLE HOUSING
That includes exploration of independent living, rehabilitation of existing homes and other housing opportunities.

6. WRAP AROUND SERVICES
Include substance use disorder and mental health services that continue once individuals exit programs and/or jail and expand diversion from homelessness and rapid rehousing services.

7. JOB PLACEMENT AND TRAINING
To train/retrain individuals entering/re-entering the work force. i This comprehensive list (County and 15 cities) is a living document, updated as necessary based on data-driven outcomes.
ii The 15 cities are Clovis, Coalinga, Firebaugh, Fowler, Fresno, Huron, Kerman , Kingsburg , Mendota, Orange Cove, Parlier, Reedley, San Joaquin, Sanger, and Selma.

ATTACHMENT B

MULTI-AGENCY RESPONSE TO COMMUNITY HOMELESSNESS
{MARCH}

STRUCTURE
Governmental Representatives

1. Fresno County Board of Supervisors member

2. Mayor of the City of Fresno

3. Fresno City Council member1

4. Madera Board of Supervisors member

5. Fresno County Superintendent of Schools2

6. Fresno Madera Continuum of Care Chair

7. Fresno Housing Authority Executive Director

8. Fresno County rural city representative3
Multi-Sector Representatives will be selected by the foregoing:

1. Hospital System & Foundations4

2. Philanthropy

3. Corporate/business/developer

4. Lived Experience5

5. Managed Care Plan6

FUNCTIONS
• Implement collective resources to maximize overall impact synergy over the years. • Educate and engage entire community in solutions.
• Establish data framework and reporting mechanism; what gets measured gets done. • Speak with one voice.
• Raise funds and other resources.
• Receive frequent input and updates from Community Based Organizations/Service Providers and Partner Jurisdictions.
1 Will be the Council President or designee.
2 Will be Fresno County Superintendent of Schools or designee. 3 Other than the Cities of Clovis and Fresno, chosen by Fresno Council of Governments. 4 Hospital Council will serve to start.
5 Will ensure rural representation.
6 Rotated service.
1 2
3 4

BEFORE THE BOARD OF SUPERVISORS

OF THE COUNTY OF FRESNO

STATE OF CALIFORNIA
Resolution No. 22-079
5 IN THE MATTER OF ADOPTING

HOMELESSNESS PRIORITIES FOR
6 2022 RESOLUTION
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, the County of Fresno has undertaken multiple efforts at the local level to address homelessness; and
WHEREAS, on November 6, 2018, the Fresno County Board of Supervisors directed the development of a comprehensive plan to address homelessness with input from the Directors of the Departments of Behavioral Health, Public Health, and Social Services; and WHEREAS, the Fresno County Board of Supervisors is in support of the structure of the MultiAgency Response to Community Homelessness, which will serve as a regional collective impact initiative maintaining focus on the community's adopted homelessness priorities; and WHEREAS, the County of Fresno has met with cities and used the input provided by city representatives and the County's Departments of Behavioral Health, Public Health and Social Services to update the list of priorities to strategically address homelessness countywide; and WHEREAS, through regional collaboration public health and public safety will be preserved countywide.

NOW, THEREFORE, BE IT RESOLVED by the Fresno County Board of Supervisors that the following list of priorities will serve as the basis/plan to address homelessness countywide:

1. 2.

OUTREACH will be informed by reporting parties and law enforcement to engage, provide services and hygiene kits at encampments, linkage to programs/resources, track key data related to homelessness and service need, and strengthen medical outreach resources.

RELOCATION AND SANITATION through continued enforcement of ordinances to address hazardous or unsanitary conditions, which constitute fire, health, and/or safety risks.
1 2
3 4
5 6
7 8
9 10

3. 4 .

5. 6.

7. TRANSPORTATION to connect individuals to services and maintain engagement.

SAFE SHEL TERSfTRIAGE CENTERS through coordination with cities and partnerships with community faith-based organizations and to include emergency housing for those who are not ambulatory and have health needs.

TRANSITIONAL AND AFFORDABLE HOUSING that includes exploration of independent living, rehabilitation of existing homes and other housing opportunities.

WRAP AROUND SERVICES include substance use disorder and mental health services that continue once individuals exit programs and/or jail and expand diversion from homelessness and rapid rehousing services.

JOB PLACEMENT AND TRAINING to train/retrain individuals entering/re-entering the 11 work force.
12 BE IT FURTHER RESOLVED that said list is a living document, to be updated as necessary 13 based on data-driven outcomes or at least once a year. 14 THE FOREGOING, was passed and adopted by the following vote of the Board of Supervisors 15 of the County of Fresno this 22nd day of ____ M_a_rc_h ______ , 2022, to wit:
16 17
18 19
20 21
22 23
24 25
26 27
AYES:

NOES:

Supervisors Brandau, Magsig, Mendes, Pacheco, Quintero
None
ABSENT: None
ABSTAINED: None
ATTEST:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
,1JL
Brian Pacheco, Chairman of the Board of Supervisors of
the County of Fresno
28 By: --~~--=-.;___:_---.:=--~--======--
Deputy

REEDLEY CITY COUNCIL
DATE: April 26, 2022
[Z] Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 9 ----
TITLE: ADOPT RESOLUTION NO. 2022-037 APPROVING AN UPDATED CITY

PERSONNEL POLICIES & PROCEDURES MANUAL
SUBMITTED: Darla Bello, Senior Human Resources Analyst ~ REVIEWED: Paul A. Melikian, Assistant City Manager -•~r-- APPROVED: Nicole R. Zieba, City Manager

RECOMMENDATION
That the City Council adopt Resolution No. 2022-037 approving a revised City Personnel Policies & Procedures (P&P) manual, effective upon adoption.

EXECUTIVE SUMMARY
An agency's personnel policy manual is a vital document for the efficient and effective operation of the City, and as such should be reviewed regularly. The Administrative Services Department retains primary responsibility for maintaining the document; however, supervisors and employees from all departments/divisions in the City have input throughout the year and during the annual review process.

This updated draft includes revisions to align the City's policies with new federal and State law, codify existing practices, clarify ambiguities in the previous language, and fix typographical errors that existed in the current edition. The revised manual has been circulated to department heads, supervisors, and the bargaining associations for review and comment. The last time this manual was approved in its entirety was April 2021.

SUMMARY OF CHANGES
The following discussion is a brief overview of the proposed additions and revisions in the order in which they appear in the document. A detailed summary of proposed changes is attached along with a full copy of the Personnel Policies & Procedures Manual. A full copy of the manual may also be found on the City's website or available for inspection at City Hall.
• Section 2.009 New Hire Procedures
This section is being modified to ensure the procedure for the pre-employment process matches the City's current practices.
• Section 2.009 A. New Hire Paperwork
Revisions were required to update the onboarding process and the list of forms used in the onboarding process.
• Section 2.009 B. Direct Deposit Requirement
This section is being modified to remove references to pay cards as the City no longer offers this option for payroll as all employees are on direct deposit. • Section 2.009 E. Employees Who are Also Volunteer Firefighters Additional language was necessary to clarify the procedure for full-time employees who are also volunteer firefighters, and who are subject to standby for their full-time position. • Section 3.015 A. Sick Leave
A revision to the Sick Leave Policy is needed to clarify when an employee is not required to clock out for a work-related injury or illness.
• Section 3.016 D. Civil Leave
This section being revised to clarify that jury duty is not considered time worked for the purpose of calculating overtime.
• Section 3.016 H. Holidays with Pay
Clarification to an existing City policy that an employee must be in a full-time employment status on the workday before and after the holiday in order to receive pay for an observed holiday. • Section 3.016 P. California Family Rights Act (CFRA)
This section is being modified to incorporate updates to the California Family Rights Act. • Section 3.019 Travel Policy
The proposed revision to the City Travel Policy is to define the starting and ending point for business miles for employees traveling for City business as City Hall for consistency. • Section 3.025 Professional Certification & Continuing Education Expense Reimbursement This section is added to allow City Manager to authorize reimbursement to employees for expenses related to obtaining professional certifications and/or completing continuing education classes deemed beneficial to business operations by the City Manager. • Section 5.005 B. Timekeeping & Timecards
Updates to this section are to memorialize the existing timekeeping rounding practices which are allowed by the Fair Labor Standards Act.

BACKGROUND
Each employee of the City of Reedley is important and plays an essential role in the effort to provide the community with a high level of service. The Personnel Policies & Procedures manual is provided as a guide to each employee regarding important City personnel policies and procedures. These policies and procedures supersede and replace all previous personnel policies, procedures, practices and guidelines and shall control all personnel practices of the City except where a Memorandum of Understanding with an employee bargaining group expressly creates a particular and specific written exception or alternative.

FISCAL IMPACT
There is no financial impact of adopting a revised personnel manual.

ATTACHMENTS
Summary of Proposed Changes to the City Personnel Policies & Procedures Manual Resolution #2022-037, with Exhibit "A", Personnel Policies & Procedures Manual

2022 Summary of Proposed P&P Changes

2.009 New Hire Procedure
The following steps are to be used for all employee appointments as specified in Section 2.010.

After the appointing authority makes a decision on a desired applicant(s), the applicant's information shall be forwarded to the Human Resources Representative or designee who will prepare the draft offer letter. The designee may be the Department Head or supervisor, depending upon the specific recruitment. All offer letters shall state that the offer of employment is contingent upon the City's satisfaction of the results from the background check and, if applicable, a physical and/or psychological evaluation. Before the offer letter can be sent out, the City Manager must approve the conditions of employment and the employee's proposed salary-which is to be outlined on the Employee Action Form, with the draft offer letter attached to the form.

If the Employee Action Form is approved, then the prospective employee will be notified by phone, mail, and/or email and given the choice to accept the terms and conditions of the offer letter. If the applicant chooses to accept the conditions of the letter, then he/she is required to return the signed offer letter back to the City. An approved Employee Action Form must be received by the Human resources representative or designee before the employee can begin working.

The Human Resources representative or designee will conduct the background check for the prospective employee for all non-law enforcement positions. Should any adverse information be discovered during the background check/fingemrinting process. the City Manager shall be notified for a hiring decision. Should the City Manager decide that information found during the background check/fingerprinting process is significant to rescind the employment offer. the applicant shall be notified of the decision. pursuant to AB 1008 regulations.

If there are no issues or special circumstances that arise from the check, the Human resources representative or designee will instruct the prospective employee to receive a physical evaluation if they
(a) have been accepted to work full-time or
(b) have been accepted to work in a position that may/will require manual labor or (c) have been accepted to work in a part-time position that is filled on a year-round basis-; (d) have been accepted to fill a volunteer paid-call firefighter position Should aDY advorso informatioft bo disoovorod dttriftg tho baokground ohook/fingorprintiftg proooss, tho City MaDagor shall bo ftotifiod fer a hiriftg dooision. Should tho City MaDagor dooido that information f@und during tho baokgrottftd ohoolc/fiftgorprifttiftg proooss is signifioaftt to rosoind tho omploymoftt offer, tho 8fJplioant shall bo notified of tho dooisioft, pursuaftt to A:Q 1008 regulations.

A. New Hire Paperwork - Once the prospective employee has cleared the background check/fingerprinting process, they will need to complete the following forms on or before their first day of work. Prospective employees will receive an email with instructions to login and complete onboarding forms online.

Not all forms are required for every employee, and additional forms may be required at any time depending upon changes to Federal or State laws, City policies, or City benefit programs. • W-4/DE-4 Forms - Tax Withholding Certificates
1 2022 Summary of Proposed P&P Changes
• I-9 Form - Employee Eligibility Verification
• DMV Waiver Form
• Oath of Office
• Form 700
• FMCSA Clearinghouse Limited Query Consent Form
• Employee Acknowledgement to Report Wrongdoing
• Employee Confidentiality Statement
• Marketplace Exchange Notice
• CalPERS Self-Certification Form
• CalPERS Notice of Exclusion
• Notice to Hourly Employees
• Employee Action Form
• Direct Deposit Enrollment Form
• Pay Ca-rd Enrollment Form
• Personal Data/Emergency Contacts Form - (supplemental) • Acknowledgement ofreceipt of the following policies, procedures, or documents:

Citywide Policies & Procedures Manual
Payroll Correction Policy
Report Wrongdoing Procedure
Employee Code of Conduct
Substance Abuse Policy
Workplace Violence Prevention Policy
Workers' Compensation Employee Notification of Rights
Sexual Harassment Brochure (D FEH)
Transgender Rights Brochure (DFEH)
Victims of Domestic Violence, Sexual Assault and Stalking Notice (Labor Commissioner)
_-_ Unrepresented Salary & Benefits Resolution
Technology User Agreement
Volunteer Firefighter - Offer of Hepatitis B Vaccination B. Direct Deposit Requirement - All new and existing employees are required to enroll in direct deposit or the City's pay ca-rd solution. All employees are required to notify the payroll department immediately upon any changes to banking information necessary to maintain enrollment in direct deposit or the City's pay ca-rd solution.

E. Employees Who are Also Volunteer Firefighters. Pursuant to Government Code Section 230.3 The City allows employees time off to perform emergency duty as volunteer firefighters. However, those employees who have been appointed to a full-time or part-time position, who are also volunteer firefighters with the Reedley Volunteer Fire Department or any other volunteer fire department or agency, must clock out from their paid position with the City to respond to emergency calls in their capacity as a volunteer firefighter. Volunteer firefighters with the Reedley Volunteer Fire Department are not employees of the City of Reedley while acting in that capacity. If an employee who is also a volunteer firefighter has discretionary leave available, the employee may use that leave to be paid for the time taken off to provide volunteer firefighting services. Under no circumstances may sick leave be used 2 2022 Summary of Proposed P&P Changes
for time taken off to respond to emergency calls in an employee's capacity as a volunteer firefighter.

If an employee who is also a volunteer firefighter is participating in a first responder emergency while assigned to standby, the employee shall be required to respond to a call-out for his primary full-time position. Full-time employees in positions subject to standby assignment who are also volunteer firefighters, shall not be paid for both a volunteer emergency response and standby for the same period of time. The Fire Department shall track the amount of time the employee participates in a first responder emergency call for service, and the employee's standby hours will be reduced by the recorded time spent at the scene of the first responder emergency.

3.015 Workers' Compensation
In compliance with California Workers' Compensation State laws, workers' compensation benefits are available to all employees injured on-the-job. All on-the-job injuries must be reported to the City Manager or his/her designee within 24 hours of an accident. If an employee has an accident in a City vehicle, then he/she must immediately notify the police and his/her supervisor and obtain the names of any witnesses.

Employees are required to clock out, except for treatment :fer-of the initial work-related injury or illness on the day the injury or illness first occurs, for all doctor appointments, or other time off pertaining to work-related illness or injury, with the time off charged to sick leave, vacation, or other available leave if no sick leave time is available if the employee is not completely off work on temporary total disability and receiving workers' compensation benefits. For the initial treatment for a work-related injury, employees shall only be paid for their regularly scheduled hours. Employees who attend doctor appointments for a work-related illness or injury outside of their normal work schedule shall not be compensated for attending such appointments.

D. Civil Leave
Any full-time, regular employee shall be given necessary time off without loss of pay when performing jury duty, or performing emergency civilian duty in connection with national defense. Employees shall not waive jury duty fees. All fees received ( other than meal or travel allowances) shall be returned to the City. A probationary or regular employee who is absent for jury duty shall be paid his/her regular salary only if the employee remits the amount received for such duty to the City. When appropriate, the supervisor may request exemption of individual employees from jury duty when such service would entail undue hardship on the City or the public it serves.

Generally, if an employee is released from jury duty, and the employee's regular shift has more than two hours left to complete the shift, the employee is expected to return to work or to use leave for the balance of time off for the day. Jury duty shall include drive time and a reasonable meal period, if applicable, and a reasonable amount of time to change into appropriate work apparel. For example: An employee's shift is 8:00 a.m. to 5:00 p.m. The employee reports to jury duty and is released, after a meal break, at 1 :30 p.m., has a 45 minute commute back to the work site, and takes 15 minutes to change into appropriate work apparel.

The employee is expected to either work 2 hours and 30 minutes or request 2 hours and 30 minutes of discretionary leave for time off.
3 2022 Summary of Proposed P&P Changes
Jury duty is not considered time worked for the purpose of calculating overtime.

K. Holidays with Pay
Those certain days as the City Council may fix are holidays for all probationary and regular employees. All employees, probationary and regular, working Monday through Friday shall observe the following Monday as a holiday when a holiday falls on a Sunday; holidays falling on Saturday shall be observed on the previous Friday. Eligible employees will be paid for 8 hours for each designated holiday with pay. Any employee working an alternative work schedule that exceeds an 8-hour workday, shall use discretionary leave for the difference between 8 hours and the employee's scheduled hours if the employee is normally scheduled to work but does not work on the designated holiday. For probationary or regular employees on a workweek other than Monday through Friday, their holidays shall be compensated by whatever agreements are entered into via their Memorandum of Understanding.

In order to receive pay for an observed holiday an employee must have been in a full-time employment status with pay stams-with the City on the workday before and after the holiday.

Employees on an alternative work schedule (i.e. 3/12, 4/10, 9/80) may not modify their regularly scheduled day(s) off in a pay period that includes an observed City holiday.

3.016 Leaves and/or Time Off Work
P. Protected Leave

2. California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) was established to ensure secure leave rights for the following:
• Birth of a child for pUrposes of bonding
• Placement of a child in the employee's family for adoption or foster care • To bond with a new child by birth, adoption, or foster care placement, within one year of the child's birth, adoption, or foster placement • For the serious health condition of the employee's child, parent or spouseTo care for a child, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition.
_• _ For the employee's own serious health condition
• For a qualifying exigency related to the active duty or call to covered active duty of a spouse, domestic partner, child, or parent in the Armed Forces of the United States CFRA Definitions
Child - A biological, adopted, or foster child, a stepchild, a legal ward, or a child of an employee or the employee's domestic partner, or a person to whom the employee stands in loco parentis.

Parent - A biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.

Requirements employee must satisfy to be eligible to take a CFRA leave 4 2022 Summary of Proposed P&P Changes
To be eligible for CFRA leave, an employee must be either a full-time or part-time employee working in California, have more than 12 months (52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period before the date the leave begins, and work at a location in vmich the employer has at least 50 employees within 75 miles radius of the employee's v,ork site.

Reasons an employer could deny reinstatement to an employee on CFRA leave An employer may deny reinstatement to an employee if his/her position ceased to exist, such as in a lay-off. An employer may also deny reinstatement if the employee taking the leave is a key employee (salaried and among the highest paid 10 percent) and the denial of reinstatement is necessary to prevent substantial and grievous economic injury to the operations of the employer. However, the employer must notify the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary as well as give the employee a reasonable opportunity to return to work.

3.019 Travel Policy
Transportation
Employees attending City business related meetings by automobile are encouraged to use a City vehicle, if available. Employees using personal vehicles to attend City related conferences and meetings shall receive mileage reimbursement at the prevailing Internal Revenue Service approved rate in effect at the time. Business miles shall be calculated using the City Hall address as the starting and ending point for business related travel. Under no circumstances may an employee use a City fuel card to purchase fuel for their personal vehicle, even for City business/travel.

Department Head Car Allowance/Mileage
Department Heads or any other employee who receive a monthly vehicle allowance in lieu of a staff vehicle may request mileage reimbursement when traveling one way further than 40 miles, at the prevailing Internal Revenue Service approved rate in effect at the time, with no adjustment made to the actual business miles traveled. Business miles shall be calculated using the City Hall address as the starting and ending point for business related travel. Claims for eligible mileage shall be submitted to the City Manager for approval, then forwarded to the Administrative Services Department for processing.

3.025 Professional Certification & Continuing Education Expense Reimbursement City Manager shall have the discretion to authorize reimbursement to employees for expenses related to obtaining professional certifications and/or completing continuing education classes that have been approved by the City Manager and deemed beneficial to the business operations of the City and are not otherwise authorized by a bargaining unit MOU.

5.005 Citywide Attendance Policy
B. Timekeeping & Timecards. All employees shall attend work regularly and be in accordance with general department rules and regulations. All employees are expected to report to work on time every day, unless excused by the provisions of these policies and procedures. It is against City policy for employees to share passwords and punch in for anyone but themselves.

No employee may amend or approve their own time card/sheet at any time. Only employees 5 2022 Summary of Proposed P&P Changes
authorized by their department director may punch in or out using a mobile device when reporting for work at an off-site work location without an alternate method with which to punch in or out. Any employees found to be punching with a mobile device while not conducting official work activities will be in violation of this policy and subject to disciplinary action up to and including termination.

1. The City tracks employee time in 15-minute increments. As allowed by FLSA regulations pursuant to 29 CFR § 785 .48 (b) "Rounding" practices, the City rounds employees' starting and stopping times to the nearest fifteen {l 5) minutes {quarter of an hour), as long as this rounding does not result in a failure to count as hours worked all the time employees have actually worked performing compensable duties over a period of time. Because the City uses a 15-minute rounding increment, the 7-Minute Rule must be used.

2. The 7-Minute Rule - When work time is tracked in 15-minute {quarter hour) increments, the cutoff point for rounding down is 7 minutes. If an employee works from 1 to 7 minutes, the number will be rounded down to the nearest 15 minutes. If an employee works from 8 to 14 minutes, the number must be rounded up to the nearest 15 minutes.
6 RESOLUTION NO. 2022-037

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY

AMENDING & APPROVING AN UPDATED CITY PERSONNEL POLICIES &

PROCEDURES MANUAL
WHEREAS, the updated City Personnel Policies and Procedures Manual, attached hereto as Exhibit "A" includes revisions to align policies with new Federal and State law, codify existing practices, clarify ambiguities in the previous language, and fix typographical errors that existed in the current edition.

WHEREAS, the following areas and topics have been added, updated or changed:
• New Hire Procedures
• New Hire Paperwork
• Direct Deposit Requirement
• Employees Who are Also Volunteer
Firefighters
• Workers' Compensation
• Civil Leave
• Holidays with Pay
• California Family Rights Act
• Travel Policy
• Professional Certification & Continuing
Education Expense Reimbursement
• Timekeeping Rounding Rules
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley approve the updated Personnel Policies and Procedures Manual, attached hereto as Exhibit "A", and authorize that it supersedes and replaces all previous versions and is effective April 27th , 2022.

This foregoing resolution is hereby adopted this 26th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mary L. Fast, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
- 1 -
Exhibit "A"

CITY OF REEDLEY
Personnel
Policies & Procedures
Approved by City Council - April 26, 2022

Personnel Policies and Procedures
Table of Contents
INTRODUCTION .......................................................................................................................... 1 DEFINITIONS ... ........................................................................................................................... 2 SECTION 1.000 - CLASSIFICATION ....................................................................................... 9

1.001 Purpose .. .......................................................................................................................... 10

1. 002 Composition of the Classification Plan ........................................................................... 10

1.003 Administration of the Classification Plan ....................................................................... 10

1.004 Classification Changes .................................................................................................... 10

1.005 Reclassification ............................................................................................................... 10 SECTION 2.000 - EMPLOYEE SELECTION & NEW HIRE PROCEDURES .................. 11

2.001 Recruitment ............................................................................................................... ...... 12 A. Types of Recruitments ........................................................................................... 12

1. In-House Recruitment ................................................................................... 12

2. Open (Outside) Recruitment ......................................................................... 12

2.002 Notification ..................................................................................................................... 12

2.003 Acceptance of Applicants ............................................................................................... 13

2. 004 References ....................................................................................................................... 13

2.005 Disqualification ............................................................................................................... 13

2.006 Equal Opportunity Policy Statement .............................................................................. 14

2.007 Fair Employment Practices ............................................................................................. 14

2.008 Competitive Examinations .............................................................................................. 14 A. Types of Examinations .......................................................................................... 15

1. Written Test .................................................................................................. 15

2. Oral Test ........................................................................................................ 15

3. Performance Tests ......................................................................................... 15

4. Physical and/or Psychological Test .............................................................. 15

5. Training and Experience ............................................................................... 15 B. Rating Examinations ...................................................................................... ........ 15 C. Notifications of Examination Results .................................................................... 15 D. Eligibility List ........................................................................................................ 16 E. Department Certification ....................................................................................... 16

2.009 New Hire Procedures ...................................................................................................... 16 A. New Hire Paperwork .............................................................................................. 17 B. Direct Deposit Requirement .................................................................................. 18 C. Benefits Effective Dates ....................................................................................... 18 D. Dependent Eligibility Documents .......................................................................... 18

2.010 Employee Appointments ................................................................................................. 18 A. Regular Employees ................................................................................................ 18 B. Probationary Employees ........................................................................................ 18 C. Non Full-time Employees ............................................................................ .......... 18 D. Conditional Employee Appointments .................................................................... 19 E. Employees Who are Also Volunteer Firefighters .................................................. 19

2.011 Lateral entry Program ..................................................................................................... 19 A. Policy ..................................................................................................................... 19 B. Definition ............................................................................................................... 19 C. Probationary Period ............................................................................................... 19 D. Compensation ........................................................................................................ 19 E. Benefits .................................................................................................................. 19

2.012 Promotions ...................................................................................................................... 20

2.013 Probation .............................................................. ........................................................... 20 A. Duration ................................................................................................................. 20 B. Evaluation of Performance .................................................................................... 20 C. Dismissal ................................................................................................................ 20 D. Probationary Period Reports .................................................................................. 20 E. Failure to Complete Probation ............................................................................... 21

2.014 Nepotism and Conflicting Personal and/or Business Relationships ............................... 21 A. Purpose & Scope .................................................................................................... 21 B. Restricted Duties & Assignments .......................................................................... 21 C. Employee's Responsibility .................................................................................... 21 D. Supervisor's Responsibility ................................................................................... 21

2.015 Employees and Commissions, Committees, and Elected Office .................................... 22 SECTION 3.000- COMPENSATION/BENEFITS .................................................................. 23

3.001 Compensation ................................................................................................................. 24

3.002 Use of Salary Ranges ...................................................................................................... 24

3.003 Management Employees ................................................................................................. 24 3 .004 Total Remuneration ........................................................................................................ 25

3.005 Compensation on Promotion ........................................................................................... 25 3 .006 Compensation on Demotion ........................................................................................... 25 3 .007 Compensation on Transfer .. .. .......................................................................................... 25 ii

3.008 Compensation on Change in Range Assignment.. .......................................................... 25

3.009 Compensation on Position Reclassification .................................................................... 26

3.010 Out-of-Class Pay ............................................................................................................. 26

3.011 Compensatory Time Off in Lieu of Overtime ................................................................ 26

3.012 Flex/Makeup Time .......................................................................................................... 26

3.013 Payroll Errors .................................................................................................................. 27

3.014 Unemployment Insurance ............................................................................................... 27

3.015 Workers' Compensation ................................................................................................. 27 A. Workers' Compensation Checks ............................................................................ 28

3.016 Leaves and/or Time off Work ......................................................................................... 28 (1) Order of Leave Usage ............................................................................................ 29 A. Sick Leave .............................................................................................................. 30

1. Full-time Employees ..................................................................................... 30

2. Part-time Employees ..................................................................................... 32

3. Transition from Part-time Employee to Full-time Employee ....................... 32

4. Transition from Full-time Employee to Part-time Employee ....................... 32 B. Funeral/Bereavement Leave .................................................................................. 32 C. Military Leave ........................................................................................................ 33 D. Civil Leave ............................................................................................................. 33 E. Court Appearance .................................................................................................. 33 F. Leave Without Pay ................................................................................................. 34 G. Payment of Medical Premiums .............................................................................. 34 H. Compensatory Leave ............................................................................................. 35 I. Unauthorized Leave ............................................................................................... 35 J. Vacation ................................................................................................................. 35

1. Probationary Period ...................................................................................... 35

2. Scheduling and Accrual ................................................................................ 35

3. Separation and Reinstatements ..................................................................... 35 K. Holidays with Pay .................................................................................................. 35 L. Meal Periods .......................................................................................................... 35 M. Rest Periods ........................................................................................................... 37 N. Catastrophic Leave ................................................................................................. 37

0. Administrative Leave ............................................................................................. 38 P. Protected Leave ...................................................................................................... 38

1. Family and Medical Leave Act. .................................................................... 39

2. California Family Rights Act ........................................................................ 41

3. Pregnancy Disability Leave Law ................................................................. .44 iii

4. Notifications .................................................................................................. 45

5. Maximum Length of Protected Leave ......................................................... .46

6. Moonlighting while on Protected Leave ...................................................... .4 7

7. Return from Protected Leave for Employee's Own Serious Health Condition ....................................................................................................... 4 7 Q. Long-Term Disability Elimination Period ............................................................. 47 R. School and/or Child Care Provider Activities Leave ............................................ .47

1. School/Child Care Provider Activities ............................................. ............ .4 7

2. School Suspension Meetings ....................................................................... .48 S. Leave for Victims of Domestic Violence or Sexual Assault ................................ .48 T. Voting Leave .......................................................................................................... 49 U. Organ/Bone Marrow Donor Leave Policy ............................................................ .49

3.017 Temporary Light and/or Modified Duties or Temporary Reassignment ........................ 50

3.018 Special Compensation ..................................................................................................... 50

3.019 Travel Policy ................................................................................................................... 51

3.020 Employee Service Award Recognition Program ............................................................ 54

3.021 Retirement Gifts Policy ................................................................................................... 55 3 .022 Vehicle Allowance/Mobile Phone Stipend ..................................................................... 55

3.023 Safety Boots for Part-Time Employees .......................................................................... 55

3.024 Memorial Donations ....................................................................................................... 55

3.025 Professional Certification & Continuing Education Expense Reimbursement .............. 55 SECTION 4.000 - CHANGES IN EMPLOYMENT STATUS ............................................... 57

4.001 Transfers ......................................................................................................................... 58

4.002 Non-disciplinary/Downgrades ........................................................................................ 58

4.003 Reinstatements ................................................................................................................ 58

4.004 Y-Rating .......................................................................................................................... 59

4.005 Separation ....................................................................................................................... 59 A. Resignation ............................................................................................................ 59 B. Disability ................................................................................................................ 59 C. Death ...................................................................................................................... 59 D. Retirement .............................................................................................................. 5 9 E. Dismissal ................................................................................................................ 60 F. Layoff ..................................................................................................................... 60

4.006 Removal from Payroll ..................................................................................................... 60 SECTION 5.000-EMPLOYEE CONDUCT AND DISCIPLINE ......................................... 61

5.001 Specific Rules of Conduct .............................................................................................. 62 iv

5. 002 Outside Employment ...................................................................................................... 62

5.003 Political Activity ............................................................................................................. 63

5.004 Safety ................................................................................................. .' ............................ 63

5.005 Citywide Attendance Policy ........................................................................................... 63 A. Definitions .............................................................................................................. 63 B. Timekeeping & Timecards .................................................................................... 64

5.006 Image ................................................................................................................................... 65 A. Dress and Grooming .............................................................................................. 65

1. All Employees ............................................................................................... 65

2. Office Apparel ................................. : ............................................................ 65

3. Casual Apparel .............................................................................................. 65

4. Field Work Apparel ...................................................................................... 63

5. Uniforms ....................................................................................................... 66

6. Restricted Apparel ........................................................................................ 66 B. Decor ...................................................................................................................... 66 C. Snacks and Meals ................................................................................................... 67 D. Vehicle ................................................................................................................... 67 E. Violations ............................................................................................................... 67 F. Exceptions .............................................................................................................. 67

5.007 Discipline ........................................................................................................................ 68 A. Forms of Discipline ................................................................................................ 68

1. Oral and/or Written Counseling .................................................................... 68

2. Written Reprimand ........................................................................................ 68

3. Suspension .................................................................................................... 68

4. Demotion ....................................................................................................... 68

5. Dismissal ....................................................................................................... 68 B. Disciplinary Procedures ......................................................................................... 69

1. General Disciplinary Procedures .................................................................. 69

2. Pre-"Skelly" Hearing Procedures ................................................................. 69

3. "Skelly" Hearing ........................................................................................... 70

4. Post "Skelly" Hearing Procedures ................................................................ 70

5. Appeals Procedures ................ ....................................................................... 70 a. Appeal Procedures for Disciplinary Actions Less than Dismissal ...... 70 b. Appeal Procedures for Disciplinary Actions Involving Dismissal ...... 72 C. Disciplinary Actions Against Temporary, Part-time, or Non-Regular Employees in the Unclassified Service ..................................................................................... 73 V
D. Disciplinary Actions Against a Department Head or Other Management Employee .............................................................................................................. 73

5.008 Policies Affecting the Workplace ............................................................................. ...... 73 A. Americans with Disabilities Act (ADA) ............................................................... 73

1. Statement of Intent ........................................................................................ 73

2. Employment Policies .................................................................................... 73

3. Administration & Implementation ................................................................ 7 4

4. Confidentiality .............................................................................................. 74

5. Interactive Process ........................................................................................ 7 4

6. Internal Review Procedures .......................................................................... 75 B. Anti-Harassment and Anti-Discrimination Policy ................................................. 75

1. Purpose/Objective ......................................................................................... 75

2. Scope ............................................................................................................. 76

3. Procedures ..................................................................................................... 7 6 a. Examples of Prohibited Sexual Harassment or Discrimination ........... 7 6 b. Other Examples of Prohibited Harassment or Discrimination ............ 76

4. Reporting Harassment or Discrimination ..................................................... 77

5. Violations of the Policy Will Result in Discipline ........................................ 78

6. Retaliation Prohibited ................................................................................... 78

7. AB 1825 Compliance .................................................................................... 79

8. AB 1661 Compliance .................................................................................... 79

9. SB 1343 Compliance .................................................................................... 79 C. Substance Abuse Policy ......................................................................................... 80 D. Workplace Violence Prevention Policy ................................................................. 82 E. Lactation Accommodation Policy .......................................................................... 83

5.009 Paid Administrative Leave .............................................................................................. 83

5.010 Federal Motor Carrier Safety Administration Drug and Alcohol Testing Policy ........... 83 SECTION 6.000- GRIEVANCES .......................... .. ................................................................. 85

6.001 Purpose ............................................................................................................................ 86

6.002 Application ...................................................................................................................... 86

6.003 Time Limits ..................................................................................................................... 86

6.004 Scope ............................................................................................................................... 86

6.005 Informal Resolution of Complaints ................................................................................ 86

6.006 Grievance Review Process ............................................................................................ .. 86 A. First Level of Review ............................................................................................. 86 B. Second Level of Review ........................................................................................ 87 C. Third Level of Review ........................................................................................... 87 vi
D. Fourth Level of Review ......................................................................................... 87

6.007 Representation ................................................................................................................. 87

6.008 Access to Information ..................................................................................................... 87

6.009 No Reprisals .................................................................................................................... 87

6.010 Reconsideration of a Grievance ...................................................................................... 88 SECTION 7.000 - GENERAL EMPLOYMENT PROVISIONS ........................................... 89

7.001 Yearly Performance Evaluation Process ............................................ ............................. 90

7. 002 Residency ........................................................................................................................ 90

7.003 Personnel Records ........................................................................................................... 90

7.004 Use of Technology .................................. ........................................................................ 90 A. Personal Communication Devices & City Telephones .......................................... 90

1. Purpose & Scope ........................................................................................... 90

2. City-Issued PCD ........................................................................................... 90

3. Individually Owned PCD .............................................................................. 91

4. Use of Personal Communication Devices & City Telephones ..................... 91

5. Use while Driving ......................................................................................... 91 B. Electronic Mail ....................................................................................................... 91

1. Purpose & Scope ........................................................................... .. .............. 91

2. E-mail Right of Privacy ................................................................................ 91

3. Prohibited Use of E-mail .............................................................................. 92 C. Computer Use ........................................................................................................ 92

1. Purpose & Scope ........................................................................................... 92

2. System Inspection or Review ........................................................................ 92

3. City Property ................................................................................................. 92

4. Unauthorized Duplication of Software ......................................................... 92

5. Internet Use ................................................................................................... 93

6. Protection of City Systems and Files ............................................................ 93 D. City Social Media .................................................................................................. 93

1. General .......................................................................................................... 93

2. Definition of Social Media ............................................................................ 93

3. Requirements ................................................................................................ 93

4. Use Policy ..................................................................................................... 94 E. Etiquette Rules ............................. .......................................................................... 95

1. Definitions ......... ............................................................................................ 95

2. Generally Accepted Standards ...................................................................... 95

3. City Representation ....................................................................................... 96

4. Relationship With Others .............................................................................. 96 vii

5. Ethical Rules and Regulations ...................................................................... 96 F. Technology Resource Rights ................................................................................. 96 G. California Public Records Act And Searching Devices And Accounts for Disclosable Records ............................................................................................... 96

7.005 Administrative Policies ................................................................................................... 97

7.006 Outside/Secondary Employment .................................................................................... 97 A. Purpose & Scope .................................................................................................... 97 B. Obtaining Approval ............................................................................................... 97 C. Appeal of Denial of Outside Employment.. ........................................................... 98 D. Revocation/Suspension .......................................................................................... 98 E. Prohibited Outside Employment ............................................................................ 98 F. City Resources ....................................................................................................... 99 G. Changes in Outside Employment Status ................................................................ 99

7.007 Vehicle Use ..................................................................................................................... 99

7.008 Sensitive Information .................................................................................................... I 00 A. Definition of Sensitive Information ..................................................................... 100 B. City Information ................................................................................................... 101 C. Hard Copy Distribution ........................................................................................ 101 D. Electronic Distribution ......................................................................................... I 02

7.009 Additional Identity Theft Prevention Program ............................................................. 102 A. Covered Accounts ................................................................................................ 102 B. Red Flags ............................................................................................................. 102

1. Alerts, Notifications, or Warnings from Consumer Reporting Agency ..... 102

2. Suspicious Documents ................................................................................ 103

3. Suspicious Personal Identifying Information .............................................. 103

4. Unusual Use of, or Suspicious Activity Related to, the Covered Account. I 04

5. Responding to Red Flags ............................................................................ 104 C. Periodic Updates to Plan ...................................................................................... 104 D. StaffTraining ....................................................................................................... 105 E. Oversight of Service Provider Arrangements ...................................................... 105

7.010 Right to Search Property ............................................................................................... 10 5 viii

INTRODUCTION
Each employee of the City of Reedley is important and plays an essential role in our effort to provide the community with a high level of service. This Personnel Policies and Procedures manual is provided as a guide to each employee regarding important City personnel policies and procedures.

These policies and procedures supersede and replace all previous personnel policies, procedures, practices and guidelines and shall control all personnel practices of the City except where a Memorandum of Understanding with an employee bargaining group expressly creates a particular and specific written exception or alternative.

These policies and procedures pertain to all employees in the classified and unclassified service, as defined, and shall be implemented and administered by the City Manager, subject to ordinances and/or resolutions which are in effect. These may be modified, supplemented, interpreted, or clarified by the City Manager in writing, may take the form of an administrative policy separate from these Policies and Procedures, may be reviewed by the City Attorney, and/or adopted by the City Council. Any such changes, where appropriate, may be subject to meet and confer. However, these policies and procedures do not create any contract of employment, expressed or implied, or any rights in the nature of a contract.
1 DEFINITIONS
Absence: Excluding the authorized and statutorily protected leaves discussed in the Citywide Attendance Policy, an absence or absenteeism is defined as any failure to show up for or remain at work as scheduled regardless of the reason. This applies to any assignment, be it a regular shift, overtime work, work related meetings, lunch, etc.

Administrative Leave: The temporary assignment of an employee to a status of leave with or without pay.

Allocation: The assignment of a position to its appropriate class in relation to work performed, and the authority and responsibilities exercised.

Anniversary Date: The date on which an individual is placed on the City payroll as a full-time employee. The anniversary date shall not change unless an employee's job classification is changed or the employee is removed from payroll.

Appeal: An application for review of an alleged grievance and/or disciplinary procedure submitted or instituted by an employee to a higher authority.

Applicant: An individual who has completed and submitted an application for employment with the City.

Appointing Authority: The City Manager ( or designee) shall be the appointing authority for all officers and employees of the City except elective officers, the City Attorney, and persons appointed by the Mayor or City Council to the commissions, committees, or other boards.

Appointment: The offer and acceptance of a position authorized by the appointing authority.

Assignment: The allocation of a single position to its proper class in accordance with the duties performed and the authority and responsibility exercised.

Benefit Date: The date which determines eligibility for salary or benefit increases. Such increases in salary or benefits shall be effective on the benefit date.

Business Relationship: Serving as an employee, independent contractor, compensated consultant, owner, board member, shareholder, or investor in an outside business, company, partnership, corporation venture, or other transaction where the City employee's annual interest, compensation, investment, or obligation is greater than $250.

Catastrophic Illness or Injury: A medically-certified illness, injury, impairment, physical or mental condition that prevents an eligible employee from returning to work for a period of thirty (30) calendar days or more.

Certification: Endorsement as meeting required minimum standards for a vacant position.

Child: The definition of child for purposes of these policies includes a biological child, an adopted child, a foster child, a stepchild, a legal ward, and a child for whom the employee stands in loco parentis.

City Manager: The executive administrative management position for the City.

Class: A group of positions which are sufficiently alike in general duties and responsibilities to warrant the use of the same title, class specification, and pay range. 2 Class Series: A number of classes of position which are substantially similar as to the types of work involved and differ only in rank as determined by the importance of the duties and degree of responsibility involved and the amount of training and experience required. Such classes constitute a senes.

Classification: The act of grouping positions in classes with regard to:

Duties and responsibilities;
Requirements as to education, knowledge, experience and ability; Tests of fitness; and
Ranges of pay
Class Specifications: A written description of a class consisting of a class title, a general statement of the level of work and of the distinguishing features of work, examples of duties, and the desirable qualifications for the class.

Classification Plan: The official or approved system of grouping positions into appropriate classes consisting of:
• An index to the class specifications;
• The class specifications; and
• Rules for administering the classification plan.

Classified Service: All positions in all departments of the City as set forth in the salary schedule and position allocation list, except those positions designated as being in the unclassified service.

Classified employees acting in the capacity of an Unclassified position shall continue to be considered as classified unless they are formally appointed to unclassified position/classification through an approved Employee Action Form.

Compensation: The standard rates of pay which have been established for the respective classes of work, as set forth in the compensation plan.

Compensation Plan: The official schedule of compensation approved by the City Council assigning one or more rates of pay to each class title.

Compensatory Leave: Time off from work in lieu of monetary payment for time worked.

Computer System: All computers (on-site and portable), hardware, software, and resources owned, leased, rented, or licensed by the City of Reedley and its departments which are provided for official use by City employees.

Conflict of Interest: Any actual, perceived or potential conflict of interest in which it reasonably appears that a department employee's action, inaction, or decisions are or may be influenced by the employee's personal or business relationship.

Day: "Day" is any calendar day unless otherwise specified.

Demotion/Downgrade: Assignment of any employee from one class to another which has a lower maximum rate of pay.

Department: The primary organizational unit which is under the immediate charge of a Department Head who reports directly to the City Manager.

Department Head: An employee having authority over a department in the interest of the City to transfer, suspend, recall, assign, promote, reward, or discipline employees in an organizational 3 unit, or direct them, or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of such authority is not of merely a routine nature or clerical nature but requires the use of independent judgment. This person may or may not have the title of "Director".

Designees: Use of the term "City Manager" or "Human Resources representative" includes his/her "designees" who shall have the same authority as the City Manager for the specific matter as delegated.

Disciplinary Action: Includes any action whereby an employee is deprived of any class in which he/she has permanence, including dismissal, suspension, demotion or any reassignment without his/her consent.

Dismissal: Separation from City employment for failure to complete probation or for failure to meet requirements of City employment as provided in these Personnel Policies and Procedures.

Doctor: A person, other than a close relative, licensed to practice medicine in the state in which treatment is received. The term "doctor" also includes osteopaths, chiropractors, psychiatrists and chiropodists performing eligible services within the scope and limitations of their license.

Domestic Partners: A same-sex or opposite-sex couple who:
1) are 18 years and older
2) are eligible to register a domestic partnership with the California Secretary of State 3) have filed a Declaration of Domestic Partnership with the California Secretary of State Eligible: A person who has successfully met required qualifications for a particular class.

Employee: An individual who is employed by the City and is compensated through the City for payroll for his/her services. Individuals or groups compensated on a fee basis or who are not in an assigned pay range, part-time and temporary employees are not included.

Encryption: The translation of data into a secret code which is the most effective way to achieve data security. To read an encrypted file, access to a secret key or password that enables decryption is required. Unencrypted data is called plain text.

Examination: The process of testing, evaluating, or investigating the fitness and qualifications of applicants and employees.

Excused Absence: Excused absence occurs when all four of the following conditions are met: a) the employee provides sufficient notice to his or her supervisor, b) the reason is found to be credible or acceptable by his or her supervisor, c) such absence request is approved by his or her supervisor, and d) the employee has sufficient accrued paid time off to cover such absence.

Full-Time Employee: An employee working in a position that is allocated on the Master Salary Table as a Full-Time position (federal standard of 2,080 hours per year) and receiving City fulltime benefits. A full-time employee may also be referred to as a regular employee.

Grievance: Any claimed violation, misinterpretation or an inequitable application of an existing Memorandum of Understanding or of the written rules, policies, procedures and/or regulations of the City which adversely affects an individual grievant or a specified group of grievants; provided, however, that such terms shall not include an action regarding disciplinary proceedings, or any 4 other matters which are otherwise reviewable pursuant to law or pursuant to any rule or regulation having the force and effect of law.

Hard Copy: A physical printout of data stored in a computer; whereas a soft copy exists only electronically.

Hardship Case: When a City employee is off work due to a Family and Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA) and/or Pregnancy Disability Leave Law (PDL) qualified leave and the employee has exhausted all of his/her own leave accrual balances.

Hardship cases are subject to approval by the City Manager who will consider each case individually
Hardware: This shall include, but is not limited to, computers, computer terminals, network equipment, modems or any other tangible computer device generally understood to comprise hardware.

Human Resources Representative: The employee fulfilling the Human Resources Representative role is appointed/designated by the City Manager. The designee(s) fulfilling this role, in practice, will not necessarily have this title.

Immediate Family: Unless otherwise specified, a member of the employee's immediate family is defined as a spouse, son, daughter, stepchild, brother, sister, father, mother, mother-in-law, fatherin-law, sister-in-law, brother-in-law, grandchild, or grandparent. At the sole discretion of the City Manager, this definition may be extended on an individual basis to include any other relative living in the employee's home.

Immediate Supervisor: "Immediate Supervisor" is the first level administrator having immediate jurisdiction over the grievant and who has been designated to administer grievances.

Leave: An approved type of absence from work as provided by these personnel policies and procedures.

Leave Balance: Sick, Vacation, Compensatory Time, or Administrative Leave, as accrued and available for employee use.

Merit Pay Increases: An increase in compensation established in the compensation plan which may be granted to an employee for meritorious service and completion of a minimum prescribed period of employment in the class.

No Call/No Show: Employees must report their absence each day; failure to do so is considered a no call/no show. Employees must notify their supervisor at least 30 minutes prior to the start of their scheduled shift if they are going to be absent or late except for employees subject to an existing MOU or resolution with alternative procedures in place; otherwise is considered an unexcused absence.

Non Full-Time Employee: Non-full-time employees are individuals who work on an at-will, hourly rated or hourly basis. Such employees are distinguished from regular employees who work full-time and who receive full-time benefits.

Non-Regular Employee: An employee in the unclassified service, who has been hired in an unallocated position, including, but not limited to, temporary employees, contract employees, and part-time employees. Non-regular employees are at-will, hourly rated or hourly basis employees. 5 Such employees are distinguished from regular employees who work full-time and who receive full-time benefits.

Outside Employment: Any employee of the City who receives wages, compensation or other consideration of value from another employer, organization or individual not affiliated directly with the City for services, product(s) or benefits rendered.

Overtime Pay: Compensation paid to an employee for work performed in accordance with these personnel policies and procedures.

Parent: A parent for the purposes of these policies includes a biological parent, an adoptive parent, a foster parent, a stepparent, a legal guardian of an employee and a person who stood in loco parentis to the employee when the employee was a minor child.

Part-Time Employee: An employee who generally works less than 40 scheduled hours per week, and does not receive City-paid full-time benefits. Part-time employees may be assigned a work schedule in advance or may work on an as-needed basis. Part-time employees are at-will, hourly rated or hourly basis employees.

Part-Time Sick Leave Family Member: For the purposes of these policies, an eligible family member, pursuant to California Labor Code Section 245.5 (c) (1) thru (7), is an employee's child, spouse, parent, domestic partner, grandparent, grandchild, and sibling.

Pay Range: One or more, but more commonly five (5) specific pay rates, assigned to a class of positions as the compensation for that class which may be paid to an employee based upon merit.

Pay Rate: A specific dollar amount, expressed as either an annual rate, a monthly rate, a biweekly rate, or an hourly rate, as shown in the pay plan of the City.

Personal Relationship: Includes, marriage, cohabitation, dating, or any other intimate relationship beyond mere friendship.

Position: Any office or employment, whether occupied or vacant, full-time or part-time, consisting of duties and responsibilities assigned to one individual.

Probationary Period: The test or trial period of employment beginning with the date of the employee's first day of work during which the employee may be separated or demoted from employment without cause or reinstated back to their previous position, if available and acceptable to that Department Head.

Prohibited Substance: Prohibited substance addressed in these policies includes the following:
(i) illegal drugs under state and/or federal law, or any controlled substance taken without a lawful prescription; (ii) lawfully prescribed legal drugs or non-prescription medications that negatively impact the employee's work performance or ability to safely and effectively perform the essential job functions of his or her position; and (iii) alcohol in any form of consumable alcohol ( ethyl) in any strength (proof) in any quantity.

Promotion: Assignment of an employee from one class to another which has a higher maximum rate of pay and for which a further probationary period will be served.

Protected Sick Leave Family Member: For the purposes of these policies, an eligible family member, pursuant to California Labor Code Section 245.5 (c) (1) thru (7), is an employee's child, spouse, parent, domestic partner, grandparent, grandchild, and sibling. 6 Regular Appointment: An appointment without time limitation, or special restrictions as to continued employment, other than completion of the probationary period to a position authorized to be filled and made as a result of a certification as prescribed by these rules.

Regular Employee: A full-time employee in the classified service who has successfully completed the probationary period and has been retained as provided for in these personnel policies and procedures.

Relative: An employee's parent, stepparent, spouse, domestic partner, significant other, child (natural, adopted, or step), sibling, or grandparent.

Separation: Removal or voluntary departure of an employee from employment with the City.

Service Provider: Any person or entity that maintains, processes or otherwise is permitted access to customer information or consumer information through the provision of services directly to the City.

Software: This shall include but is not limited to, all computer programs and publications including "shareware." This does not include files created by the individual user.

Subordinate: An employee who is subject to the temporary or ongoing direct or indirect authority of a supervisor.

Supervisor: An employee who has temporary or ongoing direct or indirect authority over the actions, decisions, evaluations, and /or performance of a subordinate employee.

Suspension: An enforced leave of absence with or without pay for disciplinary purposes.

Tardy: A tardy occurs when an employee is not present and ready to begin working at his/her workstation at their scheduled time. Tardiness also occurs when an employee leaves work prior to the end of their scheduled shift without prior approval. The City's existing rounding policy will be taken into account when determining whether or not an employee is tardy.

Temporary Employee: An employee appointed for a temporary time period to a position which is in the unclassified service and may be either full-time or part-time.

Temporary File or Permanent File: Any electronic document, information or data residing or located, in whole or in part, on the system, including but not limited to spreadsheets, calendar entries, appointments, tasks, notes, letters, reports or messages.

Transfer: Assignment of an employee from one position to another position. Transfers can take place within a department, between departments, between positions of the same pay range, between positions of the same class or between positions of different classes.

Unclassified Service: Positions excepted from the classified service, unless otherwise provided, including all elected officials, Executive & Mid-Management positions as designated by the current Unrepresented Salary & Benefits Resolution; appointment to non-full-time employment, non-regular employees, or other limited term positions and contract positions compensated on an hourly flat-rate or fee-for-service basis unless designated classified by the City Council. Unless otherwise provided, employees in the unclassified service shall serve at the will of, and be subject to separation from employment without cause by, their appointing authority. Classified employees acting in the capacity of an Unclassified position shall continue to be considered a classified 7 employee unless they are formally appointed to an unclassified position/classification through an approved Employment Action Form.

Under the Influence: Under the influence shall be defined as any measurable presence of a prohibited substance, known or unknown, which may bring about physical or mental impairment that is detected when an employee, potential employee, or volunteer undergoes a drug test at any point in the employment relationship or pre-employment process.

Unexcused Absence: Unexcused absence occurs when one of the four conditions of an excused absence is not met. If it is necessary for an employee to be absent or late for work because of illness or emergency, the employee must notify his or her supervisor generally not later than 30 minutes prior to the employee's scheduled starting time on that same day, unless otherwise expressed in an MOU or resolution.

Work Day: Scheduled number of hours an employee is required to work per day.

Y-Rating: If an employee is receiving compensation above the highest step of the range, the employee's present rate shall be continued as an approved additional step rate for the class ("Yrated"), but no other employee may be adjusted to this rate, and it shall no longer be in effect after the termination of the employment in that class of the incumbent in whose behalf it is authorized. 8 Section 1.000

CLASSIFICATION
9 SECTION 1.000 -CLASSIFICATION

1.001 Purpose
The classification plan provides a complete inventory of all positions in the City service and an accurate description and specifications for each class of employment. The plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities and has the same meaning throughout the classified service. The classification plan may contain classes to which there is no current allocation of positions in order to provide for future organizational growth or changes in organizational structure.

1.002 Composition of the Classification Plan
The classification plan shall consist of:

A. A grouping in classes of positions which are approximately equal in difficulty and responsibility, which call for the same general qualifications, and which can be equitably compensated within the same range of pay under similar working conditions; B. Class titles, descriptive of the work of the class, which identify the class; and C. Written specifications for each class of positions.

1.003 Administration of the Classification Plan
The Human Resources Representative is charged with maintenance of the classification plan so that it will reflect the duties performed by each employee in the classified service and the class to which each position is allocated. It is his/her duty to examine the nature of the positions as they are created and to allocate them to the existing class or to create new classes-if there are no appropriate existing classes. The City Manager is also responsible for periodically reviewing the entire classification plan and initiating appropriate changes in allocations of the plan.

1.004 Classification Changes
Whenever a new position is established, or the duties of an old position change, Department Heads shall submit in writing a comprehensive job description describing in detail the duties of such a position. The City Manager shall thereupon investigate the actual or suggested duties and approve or change such recommendations.

1.005 Reclassification
Reclassification requests shall be submitted by the Department Head to the City Manager Whenever a material change in duties or responsibilities of any existing position in the City classified service occurs, the City Manager, on his/her initiative or upon a request of the Department Head, may investigate the duties of the affected positions. The reclassification of a position that entails substantive changes in conditions and/or terms of employment as defined by Government Code Section 3500 -3510 shall be subject to meet and confer. 10 Section 2.000

EMPLOYEE

SELECTION & NEW

HIRE PROCEDURES
11 SECTION 2.000 - EMPLOYEE SELECTION & HIRING PROCEDURES

2.001 Recruitment
The City Manager must be notified when any position with the City of Reedley needs to be filled.

The Department Head will complete a Position Requisition form to obtain the City Manager's approval to begin the recruitment process. Executive Management positions are specifically exempt from any of these requirements as they are appointed by the City Manager.

A. Types of Recruitments
The decision to recruit on a promotional or open basis will depend upon the availability of inhouse applicants as determined by the City Manager. The City Manager in conjunction with the Department Head will determine the most appropriate method for recruitment.

1. In-House Recruitment
A department may limit a recruitment or promotional opportunity to current City employees. For the purposes of an in-house recruitment, current City employees shall be defined as regular, full-time and part-time employees. Volunteer paid-call firefighters, while not employees, shall be eligible for in-house recruitments.

All in-house applicants shall be required to clock out when participating in recruitment processes such as written examinations, hands-on examinations, oral interviews, etc.

2. Open (Outside) Recruitment
An open recruitment is one where applications will be accepted from employees and nonemployees in a geographic area as wide as necessary to assure obtaining well-qualified candidates for the various types of positions.

2.002 Notification
The Human Resources Representative, in collaboration with the Department Head, shall prepare recruitment notices to publicize vacancies to generate a list of potential candidates for vacant positions when appropriate. Such publicity efforts shall be used, as might be expected, to bring notice of vacancies to qualified persons.

When a position becomes vacant, the requirements for the position must be established prior to the beginning of the recruitment process. Applicants must be clearly informed of both the required and the "desirable" employment qualifications.

Vacancies should be published in a position vacancy announcement, which may include, but not be limited to, the following information:

A. Class Title
B. Salary Range
C. Description of Duties
D. Qualification Standards (with "required" and "desirable" qualifications specified in each job description)
E. Office to be contacted regarding the position
12 F. The City of Reedley is an Equal Opportunity Employer G. Probable closing date for screening application
H. Examination plan
Advertising Openings - Openings are required to be advertised appropriately by, at a minimum,

1. In-House Recruitment - Generally, recruitments for positions involving promotional opportunities shall be posted in-house, on employee bulletin boards at City facilities, and on the City's Employment Opportunities website, for a period of not less than seven (7) calendar days prior to initiating an open (outside) recruitment to encourage current employees to apply for positions.

2. Open Recruitment - Open recruitment positions are required to be advertised appropriately, at a minimum by posting the open position on the City's Employment Opportunities website, the publicly available physical job opportunity board at City Hall and other City facilities, and depending on the desired recruitment, advertised in targeted print media and job websites. The use of recruiters and employment agencies is also an effective method of identifying candidates, in addition to the minimum requirements for job posting.

2.003 Acceptance of Applicants
Each candidate for City employment may apply in the manner prescribed by the City Manager.

Such information may be required, as is deemed necessary, in order to judge the applicant's qualifications.

A. If, after an in-house recruitment has been completed, the determination is made to move forward with an open recruitment for a position, in-house applicants will still be in consideration for the position, unless it has been determined that the applicant does not meet minimum qualifications.

B. Applications will be submitted and distributed as prescribed by Human Resources.

Applications will be screened, at a minimum, by Human Resources and the Department Head for minimum qualifications.

2.004 References
As part of the pre-employment procedure, former supervisors, employers, and references shall be checked. References will be checked by Human Resources or approved designee, such as the Department Head or division supervisor. Reference checks made by personal or telephone contact shall be completed prior to an offer of employment, and the information shall be made part of the application file. All such information is to be handled as privileged information and coordinated with the Department Head.

2.005 Disqualification
Any applicant may be removed from further consideration at any time the application or an applicant:

A. does not possess the minimum qualifications~
13 B. has established an unsatisfactory employment or personnel record as evidenced by reference or background check of such a nature as to demonstrate unsuitability for employment;
C. has made false statement of any material fact or practiced deception in his/her application;
D. does not meet the physical requirements and/or does not submit or pass the mandatory physical examination and/or psychological examination.

E. does not reply to a mail inquiry within ten calendar days or does not return a telephone inquiry within two days, unless due to extraordinary circumstances; F. fails to accept appointment within five working days or to report for duty within the time prescribed in the offer unless due to extraordinary circumstances; G. fails to pass drug/alcohol screen, if applicable; and/or H. fails to pass other department specific requirements for the position. All applicants disqualified shall be notified in a timely manner.

I. who fails a criminal history background may be preliminarily disqualified pending the appeals process provided by AB 1008, which adds Section 12952 to the Government Code. This provision shall not apply to any applicant who applies for a position which is subject to any of the provisions in subsections ( d) (1) through ( d) ( 4) of Section 12952.

2.006 Equal Opportunity Policy Statement
The City of Reedley provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

In addition to federal law requirements, the City of Reedley complies with applicable state and local laws governing nondiscrimination in employment in every location in which the City of Reedley has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. All employment decisions and actions are to be free from discrimination, except where such factors are determined to be bona fide occupation qualification.

2.007 Fair Employment Practices
Any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the Human Resources Representative, is not reasonably related to job requirements.

2.008 Competitive Examinations
All applicants for the positions in the classified service may be subject to competitive examinations.
14 A. Types of Examinations. The test held to establish a list of eligible candidates for any class shall consist of one or more of the following parts as determined by the Human Resources Representative in consultation with the Department Head.

1. Written Test. This part, when required, shall include a written demonstration designed to show the familiarity of candidates with the knowledge involved in the class of positions to which they seek appointment, their ability to follow written and oral instructions, the range of their general information, or other general education attainments.

2. Oral Test. This part, when required, shall include an oral test consisting of an interview, oral examination, and evaluation, which may be used solely when a written test is unnecessary or impractical, or in conjunction with other tests. a. Panel Interviews - A panel interview may be utilized during the recruitment process.

When a panel interview is utilized as part of the recruitment process, the Department Head and the division supervisor shall submit to Human Resources a list of potential interview panelists/raters for review. The goal of this procedure is to provide a fair and unbiased interview process.
b. Initial panel interviews may be proctored by a Human Resources representative or approved designee. The initial interview panel may use a set list of questions pertaining to the specific position.
c. A list of the top candidates, generally three (3) but can be more or less depending on departmental needs and the number of positions to be filled, will be provided to the Department Head and di vision supervisor.
d. Department Head and division supervisor may interview the top candidates after the panel interview. Once a decision has been reached, the Department Head will notify Human Resources of the decision and Human Resources will start the paperwork for the City Manager to approve the job offer.

3. Performance Tests. This part, when required, shall include such tests of performance or trade as would determine the ability and manual skills of candidates to perform the work involved. All such tests shall be proctored to ensure a fair and unbiased testing process.

4. Physical and/or Psychological Test. This part, when required, shall consist of tests of bodily condition, muscular strength, agility, physical fitness, and mental fitness of candidates, when necessary for actual job performance. This may be given a weight in the examination or may be used in excluding from further examination applicants who cannot meet the minimum required standards.

5. Training and Experience. This part, when required, shall be in view of education, experience and special requirements contained in the public notice of the examination or supplementary data as may be designated. Results of the reference checks, as provided for in Section 2.004, shall be a part of the evaluation of training and experience.

B. Rating Examinations. The Human Resources Representative, in collaboration with the Department Head, shall determine rating criteria for applicable testing elements. Candidates may be required to obtain at least a minimum qualifying rating on each test.

C. Notification of Examination Results. Each person who takes an examination component shall be notified of the results and as to whether or not the person will be considered further. 15 Those who progress to the eligibility list will also be advised accordingly-including the anticipated active life of such list. Each person who participates in the process shall be entitled to inspect his/her examination papers within ten days of notification of the results.

Examination papers shall not be open to the general public. Such inspection shall be permitted, by appointment with the applicable department, during regular business hours.

D. Eligibility List. The eligibility list shall contain the names of candidates who successfully complete the designated entrance examinations, as provided for in Section 2.008 (1-5) above.

Names shall be listed according to rank. The list shall normally be active for a one year period. However, considering the quantity and quality of the remaining candidates, the Human Resources Representative may extend or deactivate it based upon the recommendation of the affected Department Heads(s). A candidate may waive acceptance of a job offer and still remain on the list during its designated life, if the City Manager determines that extenuating circumstances justify such action.

E. Department Certification. The Human Resources Representative shall certify candidates along with appropriate records for further consideration, evaluation, and possible selection.

All candidates on an eligibility list need not be certified. Rather, the number of certified candidates will be based upon the number of qualified candidates and the number of vacancies in the affected department. The Human Resources Representative will certify a group of qualified candidates which, in his/her judgment, is appropriate for the particular position to be filled and, assuming sufficient qualified candidates, will attempt to include an average of three qualified ranks for each vacancy.

2.009 New Hire Procedure
The following steps are to be used for all employee appointments as specified in Section 2.010.

After the appointing authority makes a decision on a desired applicant(s), the applicant's information shall be forwarded to the Human Resources Representative or designee who will prepare the draft offer letter. The designee may be the Department Head or supervisor, depending upon the specific recruitment. All offer letters shall state that the offer of employment is contingent upon the City's satisfaction of the results from the background check and, if applicable, a physical and/or psychological evaluation. Before the offer letter can be sent out, the City Manager must approve the conditions of employment and the employee's proposed salary-which is to be outlined on the Employee Action Form, with the draft offer letter attached to the form.

If the Employee Action Form is approved, then the prospective employee will be notified by phone, mail, and/or email and given the choice to accept the terms and conditions of the offer letter. If the applicant chooses to accept the conditions of the letter, then he/she is required to return the signed offer letter back to the City. An approved Employee Action Form must be received by the Human resources representative or designee before the employee can begin working.

The Human Resources representative or designee will conduct the background check for the prospective employee for all non-law enforcement positions. Should any adverse information be discovered during the background check/fingerprinting process, the City Manager shall be notified for a hiring decision. Should the City Manager decide that information found during the background check/fingerprinting process is significant to rescind the employment offer, the applicant shall be notified of the decision, pursuant to AB 1008 regulations. 16 If there are no issues or special circumstances that arise from the check, the Human resources representative or designee will instruct the prospective employee to receive a physical evaluation if they
(a) have been accepted to work full-time or
(b) have been accepted to work in a position that may/will require manual labor or ( c) have been accepted to work in a part-time position that is filled on a year-round basis A. New Hire Paperwork - Once the prospective employee has cleared the background check/fingerprinting process, they will need to complete the following forms on or before their first day of work. Prospective employees will receive an email with instructions to login and complete onboarding forms online.

Not all forms are required for every employee, and additional forms may be required at any time depending upon changes to Federal or State laws, City policies, or City benefit programs. • W-4/DE-4 Forms - Tax Withholding Certificates
• I-9 Form - Employee Eligibility Verification
• DMV Waiver Form
• Oath of Office
• Form 700
• FMCSA Clearinghouse Limited Query Consent Form
• Employee Acknowledgement to Report Wrongdoing
• Employee Confidentiality Statement
• Marketplace Exchange Notice
• CalPERS Self-Certification Form
• CalPERS Notice of Exclusion
• Notice to Hourly Employees
• Employee Action Form
• Direct Deposit Enrollment Form
• Personal Data/Emergency Contacts Form - (supplemental) • Acknowledgement ofreceipt of the following policies, procedures, or documents:

Citywide Policies & Procedures Manual
Payroll Correction Policy
Report Wrongdoing Procedure
Employee Code of Conduct
Substance Abuse Policy
Workplace Violence Prevention Policy
Workers' Compensation Employee Notification of Rights
Sexual Harassment Brochure (D FEH)
Transgender Rights Brochure (DFEH)
Victims of Domestic Violence, Sexual Assault and Stalking Notice (Labor Commissioner)
Unrepresented Salary & Benefits Resolution
Technology User Agreement
Volunteer Firefighter - Offer of Hepatitis B Vaccination 17 B. Direct Deposit Requirement - All new and existing employees are required to enroll in direct deposit. All employees are required to notify the payroll department immediately upon any changes to banking information necessary to maintain enrollment in direct deposit.

C. Benefits Effective Dates - Medical, dental and vision benefits shall become effective on the first day of the month following an employee's full-time date of hire, subject to the timely submittal of completed enrollment forms. Late submittal of an enrollment form may subject the employee to a delay in enrollment subject to the benefit provider's enrollment rules. Longterm disability benefits shall become effective on an employee's full-time date of hire.

D. Dependent Eligibility Documents - All new and existing benefit eligible employees are required to provide proof of dependent eligibility to enroll a dependent in any City provide benefit. Acceptable dependent eligibility documents are listed below:
• For Spouses or Domestic Partners:
• Spouses: Certified Copy Marriage Certificate
• Domestic Partners: Declaration of Domestic Partnership that has been filed with the California Secretary of State
• For Dependent Children:
• Certified Copy of Birth Certificate (for newborn dependents a live birth record will be accepted but a Certified Birth is required to be submitted within 90 days); • Original Court Adoption Placement Documents with court clerk Filed stamp; • Original Court Placement Documents for Legal Guardianship with court clerk Filed stamp;
If the above listed documents are not available, the employee may submit other verifiable documents to establish eligibility.

Each of the City's benefits providers determine what documents are acceptable to determine dependent eligibility for non-traditional dependents.

2.010 Employee Appointments
The following types of appointments may be made to City employment in conformity with the rules established: regular, probationary, non-full-time, and conditional.

A. Regular Employees. A regular employee works full-time and on a continuing basis.

B. Probationary Employees. Employees who have not completed their established probationary period.

C. Non Full-Time Employees. Non-full-time employees are individuals who work on an at-will hourly rated or hourly basis. Such employees are distinguished from regular employees who work full-time and who receive full-time benefits. Non-full-time employees are excluded from CalPERS membership by contract. Compensation for non-full-time employees is based on the hourly rate for the classification of work performed established by the Master Salary Table as adopted by the City Council. Any non-full-time employee serves at-will and may be removed by the Department Head at any time, with or without cause, and without the right of appeal or hearing.
18 D. Conditional Employee Appointments. Those persons to whom an offer of employment has been made conditional on the person successfully completing or passing a test, criteria, or investigation. Such conditional employee appointments may include requirements to pass a physical or psychological examination, pass a drug and/or alcohol test, secure and produce proper certification or credentials, or have a satisfactory background or reference check completed. Such employees may have a job offer withdrawn any time prior to appointment as a probationary or non-full-time employee.

E. Employees Who are Also Volunteer Firefighters. Pursuant to Government Code Section 230.3 The City allows employees time off to perform emergency duty as volunteer firefighters. However, those employees who have been appointed to a full-time or part-time position, who are also volunteer firefighters with the Reedley Volunteer Fire Department or any other volunteer fire department or agency, must clock out from their paid position with the City to respond to emergency calls in their capacity as a volunteer firefighter. Volunteer firefighters with the Reedley Volunteer Fire Department are not employees of the City of Reedley while acting in that capacity. If an employee who is also a volunteer firefighter has discretionary leave available, the employee may use that leave to be paid for the time taken off to provide volunteer firefighting services. Under no circumstances may sick leave be used for time taken off to respond to emergency calls in an employee's capacity as a volunteer firefighter.

Full-time employees who are also volunteer firefighters in positions subject to standby assignment for their primary position, shall not be paid for both a volunteer emergency response and standby for the same period of time. If an employee who is also a volunteer firefighter is participating in a first responder emergency call for service while assigned to standby, the employee shall be required to respond to a call-out for his primary full-time position. The Fire Department shall track the amount of time the employee participates in a first responder emergency call for service and the employee's standby hours will be reduced by the recorded time spent at the scene of the first responder emergency.

2.011 Lateral Entry Program
A. Policy. It is the policy of the City of Reedley to accept qualified personnel for employment through lateral entry.

B. Definition. For purposes of this policy, "lateral entry" is defined as the employment of personnel at a level of pay and benefits commensurate with the experience gained in an organization other than the City of Reedley.

C. Probation Period. All accepted candidates shall serve a twelve (12) month probationary period and must satisfy such probationary requirements as normally required.

D. Compensation. Authorization to commence employment above the first salary step may be made by the City Manager if, after proper documentation by the appointing authority, it is determined that such action is in the best interests of the City. Due consideration will be given to compensation received by incumbents.

E. Benefits. A person will not be credited with previous benefits from other agencies other than time in service for retirement if they are a member of the California Public Employees Retirement System (CalPERS) or public agency that has established reciprocity with 19 CalPERS. At City Manager's discretion, vacation accrual may include credit for prior public agency service for Executive Management positions or extraordinary recruitments where it is difficult to attract qualified candidates.

2.012 Promotions
The decision to recruit on a promotional or open basis will depend upon the availability of qualified in-house applicants. A department may limit a promotional opportunity to current City employees.

In most instances, recruitment for the most suitable candidate will begin as soon as resignations are filed. Promotions in every case involve an increase in duties and responsibilities. The procedure for selection is determined by Section 2.008.

Upon promotion to a higher classification, the employee promoted shall be considered as a probationary employee in the new classification but shall retain all benefits normally assigned to a regular employee.

2.013 Probation
The probationary or working test period is an integral part of the examination process. It shall be utilized to observe closely the employee's work, to secure the most effective adjustment of a new or promoted employee to the position, and to reject any employee whose performance does not meet required work standards.

A. Duration. The probationary period for all employees is twelve (12) months. If a Department Head requests in writing an extension of an established probationary period prior to expiration, the City Manager may extend the probationary period of a particular employee for a single interval of three months beyond the end of the normal probationary period.

B. Evaluation of Performance. Throughout the full probationary period, the employee's supervisor should inform the employee when he/she is not performing satisfactorily and is not meeting probationary test period requirements. A written evaluation will be administered to all probationary employees during the probationary period. The evaluations are to be completed after ninety (90) days of service, at six (6) months of service, and thirty (30) days prior to completion of the first year of employment with the City. Failure of the department to provide a written evaluation shall not mean that the employee has satisfactorily completed probation.

C. Dismissal. During the probationary period, the Department Head may terminate from employment any employee in the sole discretion of the Department Head. The Department Head shall immediately notify the City Manager and the employee of the termination for failure to satisfactorily complete probation. Probationary employees are subject to termination without cause, and without any right to appeal or hearing, except as may otherwise be required by statute.

D. Probationary Period Reports. Prior to the expiration of an employee's probationary period, the Department Head shall notify the City Manager whether the employee's performance has been satisfactory and whether the employee will continue in his/her position.
20 E. Failure to Complete Probation. An employee who does not successfully complete his/her probationary period may be reinstated to a position in the class occupied by the employee immediately prior to his/her promotion-but only if there is a vacancy in the department. If a vacancy exists in another department within the City, then the employee may be considered along with other applicants.

2.014 Nepotism and Conflicting Personal and/or Business Relationships A. Purpose and Scope. The purpose of this policy is to ensure effective supervision, safety, security, performance, assignments and discipline while maintaining positive morale by avoiding actual or perceived favoritism, discrimination, or other actual or potential conflicts of interest by or between City employees
B. Restricted Duties and Assignments. While the City will not prohibit personal or business relationships between employees, the following reasonable restrictions shall apply (Government Code Section 12940(a)):

1. Employees are prohibited from directly supervising, occupying a position in the line of supervision, or being directly supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship. a. If circumstances require that such a supervisor/subordinate relationship exists temporarily, the supervisor shall make every reasonable effort to defer matters regarding the involved employee to an uninvolved supervisor. b. When personnel and circumstances permit, the City will attempt to make every reasonable effort to avoid placing employees in such supervisor/subordinate situations. The City however, reserves the right to transfer or reassign any employee to another position within the same classification as it may deem necessary in order to avoid conflicts with any provision of this policy.

2. Employees are prohibited from participating in contributing to, or recommending promotions, assignments, performance evaluations, transfers or other personnel decision affecting an employee who is a relative, or with whom they are involved in a personal or business relationship.

C. Employee's Responsibility. Prior to entering into any personal or business relationship or other circumstances which the employee knows, or reasonably should know, could create a conflict of interest or other violation of this policy, employee shall promptly notify his/her uninvolved, immediate supervisor.

Whenever any employee is placed in circumstances which would require the employee to take action or provide other official information or services to any relative or other individual(s) with whom the employee is involved in a personal or business relationship, the employee shall promptly notify his/her uninvolved, immediate supervisor.

D. Supervisor's Responsibility. Upon being notified of, or becoming aware of, any circumstance( s) which could result in or constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps to mitigate or avoid such violations whenever possible. Supervisors shall also promptly notify the Human Resources Representative through their Department Head of such actual or potential violations. 21 2.015 Employees and Commissions, Committees, and Elected Office No employee shall serve on a City of Reedley Commission or Committee that does not include an employee representative position. No employee of the City of Reedley shall hold an elected office of the City of Reedley.
22 Section 3.000

COMPENSATION
&

BENEFITS
23 SECTION 3.000 -COMPENSATION/BENEFITS

3.001 Compensation
The compensation plan includes the basic salary schedule as adopted by the City Council in the budget and subsequent amendments thereto, and the schedule of salary ranges as adopted by the City Council. Such schedule consists of minimum and maximum rates of pay and intermediate steps, as applicable, for all classes of positions included in the classification plan. The City Manager or designee shall review the list of all employees receiving special compensation, or specialty pay, on an annual basis to ensure that there remains a business necessity for employees to receive such pay. The provision of this section applies when mediated by an applicable MOU or contract of employment.

3.002 Use of Salary Ranges
Salary ranges are intended to furnish administrative flexibility in recogmzmg individual differences among positions allocated to the same class, in providing employee incentive, and in rewarding employees for meritorious service. The following general provisions shall govern the granting of within-the-range increases:

A. The minimum rate established for the class is the normal hiring rate, except in those cases where unusual circumstances appear to warrant appointment of an employee at a higher rate.

Appointment above the minimum step rate may be made when the City Manager determines that it is necessary and in the best interest of the City. Approval will be based on qualifications of the applicant being in excess of the requirements for the class, that there is a shortage of qualified applicants available at the minimum step, and that qualified applicants decline employment at the minimum step.

B. Thirty (30) days prior to completion of the first year of employment with the City, employees will be considered for a salary increase. A Merit Evaluation form must be provided for each salary increase. The evaluation by a Department Head shall be accompanied by a written recommendation to the City Manager for either advancement to the next salary step or retention at the current step. Incumbents appointed at the first step of the salary range will be eligible for consideration for placement at the next step of the range at the end of the probationary period. If advancement is approved by the City Manager, the employee's new step shall be effective on the first day of the pay period next following the benefit date. The City Manager shall monitor evaluations prior to step increases.

C. The remaining steps are reserved to reward employees for satisfactory performance and service. At least thirty (30) days prior to each succeeding anniversary date, Department Heads will forward to the City Manager a performance evaluation. The evaluation shall be accompanied by a written recommendation for either advancement to the next salary step or retention at the current step. All such advancements and retention must be approved by the Human Resources Representative with final approval by the City Manager.

3.003 Management Employees
On appointment, the City Manager may grant a new management employee a beginning salary not to exceed the maximum of the range for the affected class. Such salary should reflect a judgment 24 as to the ability of the employee to achieve expected performance standards within anticipated time frames.

3.004 Total Remuneration
The salary rate and benefit schedule established for a pos1t10n shall represent the total remuneration for the employee, not including reimbursement for out of pocket cost and official travel. No employee shall receive pay from the City in addition to the salary authorized under the schedules provided in the pay plan for services rendered by him/her either in the discharge of his/her ordinary duties or any additional duties which may be imposed upon him/her or which he/she may undertake or volunteer to perform. No reward, gift, or other form of remuneration in addition to regular compensation shall be received from any source by employees for performance of their duties unless in accordance with written, administrative guidelines issued by the City Manager.

3.005 Compensation on Promotion
Any employee who is promoted to a position in a class with a higher salary range shall receive a pay raise of not less than five percent (5%) of the employee's base pay, but in no event shall the pay raise be greater than the top step of the new salary range. An employee thus promoted is therefore assigned to a new benefit anniversary date effective on the date of promotion.

3.006 Compensation on Demotion
Unless modified by terms set forth in an applicable MOU, any employee who is demoted to a position in a class with a lower salary range shall have his/her salary reduced to the salary step in the range for the lower class which is closest to the employee's current salary, unless the demoted employee's previous salary is not within the lower salary range. In this instance, the compensation within the lower range shall be determined by the City Manager. The demoted employee shall retain his/her current anniversary date.

3.007 Compensation on Transfer
Any employee who is transferred from one position to another position in the same class, or to another position in a class having the same salary range, shall be compensated at the same step in the salary range as he/she previously received and his/her salary anniversary date shall not change.

3.008 Compensation on Change in Range Assignment
Whenever a class is reassigned to either a higher or lower salary range, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step in the new range that corresponds nearest the amount to the step he/she was receiving in the former range, and not necessarily an increase, the salary anniversary date shall be changed to the same date the new salary range assignment becomes effective. When a salary range reassignment becomes effective on the same date as an employee's salary anniversary date, he/she shall first receive any increase within the range to which he/she is entitled and then receive the corresponding step adjustment.
25 3.009 Compensation on Position Reclassification
The salary of an employee in a reclassified position shall be determined as follows:

A. If the position is reclassified to a class with the same salary range as the previous class and if the incumbent is appointed to the reclassified position, the salary range and the salary anniversary date of the employee shall not change. This provision shall also apply to change of class title.

B. If the position is reclassified to a class with a higher salary range than the previous class and the incumbent is appointed to the reclassified position, then the salary of such an employee shall be governed by Rule 3.005.

C. If the position is reclassified to a class with a lower salary range than the previous class and the incumbent is appointed to the reclassified position, then his/her salary shall not change. If his/her salary is greater than the maximum step of the lower salary range, then his/her salary shall be "Y" rated until such time-as the general cost-of-living increase, inequity adjustment, or other salary increase result in a monthly salary appropriate for the class. The employee's salary anniversary date shall not change and he/she shall not be required to serve a new probationary period.

3.010 Out-of-Class Pay
Employees whose classifications are represented by a Bargaining Unit shall receive out-of-class pay in accordance with the applicable Memorandum of Understanding. Unless otherwise addressed in an MOU or salary & benefit resolution, employees shall receive a minimum of a 5% increase after working the equivalent of one complete pay period (80 regular hours) at the higher classification level each time he/she is assigned. Employees will receive out-of-class retroactive to the first day worked out-of-class, once the minimum out-of-class period is met. Only actual time worked out-of-class shall be compensated. Employees shall not be paid out-of-class for time off such as vacation, sick leave, etc.

3.011 Compensatory Time Off in Lieu of Overtime
Upon direction or approval from the Department Head, compensatory time off in lieu of overtime payment will be permitted in accordance with applicable Memorandum of Understanding and the provisions of the Fair Labor Standards Act.

3.012 Flex/Makeup Time
Flex or Makeup Time work provides an exception to the daily overtime requirements set forth under law, which allows an employee to miss work for personal reasons and make it up by working overtime in the same workweek without receiving premium pay. All makeup work exceptions require: 1) a written request by the employee to make up time that would be lost by the employee due to a personal obligation; 2) total hours worked in one day including makeup hours, may not exceed 11 hours nor may the hours worked exceed 40 hours in the workweek. Hours lost and made up must be in the same workweek, defined by the City as Wednesday through Tuesday. Employees on an alternative schedule; i.e. 4/10 or 9/80, are limited to a maximum of three hours of makeup work per day instead of the 11 hour daily maximum set forth for employees on a 5/8 schedule. An employee's supervisor has the right to deny a request for makeup time. 26 3.013 Payroll Errors / Deferred Tax Collection
The City, its employees, and volunteer paid call firefighters of the Reedley Volunteer Fire Department are mutually responsible for overpayments and underpayments. If an employee or volunteer paid call firefighter notices either on his/her check, it is his/her responsibility to notify his/her immediate supervisor so the correct adjustment can be made. Generally, adjustments relative to recoupment of overpayments will be made using the same number of pay periods that the overpayment(s) occurred. A longer repayment period may be used to minimize hardships, as authorized by the City Manager or Human resources representative, but any remaining balance for an overpayment shall be deducted from any final paycheck(s). An employee may request to change their withholdings during their repayment period to minimize any hardship during the repayment period. Underpayments are usually rectified in the following pay period, however in all cases shall be adjusted in full within 30 days.

Should the City be required to defer taxes due to Federal or State Executive Order or Statute, any required payment of the deferred taxes shall be done in compliance with the order or statute or in compliance with any guidance provided by the federal or state agency charged with the oversight of such order or statute. Any taxes not recouped at the termination of an employee shall be deducted from any final paycheck(s).

3.014 Unemployment Insurance
The City provides the California Employment Development Department (EDD), the administrator of the Unemployment Insurance Code, with factual information that may have a bearing on an employee's eligibility for benefits and with any other information related to the employee's application for benefits that may be requested by EDD. Any unemployment claims for permanent or part-time employees must be brought to the attention of the supervisor, department director, and City Manager as soon as possible after receiving the claim to determine if a response must be made regarding the employee's eligibility.

The employer's response must be mailed to the Employment Development Department within 10 days of the applicable notice date to be deemed a timely response.

3.015 Workers' Compensation
In compliance with California Workers' Compensation State laws, workers' compensation benefits are available to all employees injured on-the-job. All on-the-job injuries must be reported to the City Manager or his/her designee within 24 hours of an accident. If an employee has an accident in a City vehicle, then he/she must immediately notify the police and his/her supervisor and obtain the names of any witnesses.

Employees are required to clock out, except for treatment of the initial work-related injury or illness on the day the injury or illness first occurs, for all doctor appointments, or other time off pertaining to work-related illness or injury, with the time off charged to sick leave, vacation, or other available leave if no sick leave time is available if the employee is not completely off work on temporary total disability and receiving workers' compensation benefits. For the initial treatment for a work-related injury, employees shall only be paid for their regularly scheduled hours. Employees who attend doctor appointments for a work-related illness or injury outside of their normal work schedule shall not be compensated for attending such appointments. 27 A. Workers' Compensation Checks- When a Workers' Compensation claim is accepted as valid by the City's third-party workers' compensation adjuster and an employee is completely off work for a period of time exceeding three days, the employee will be given the opportunity to choose one of the options below for compensation while off work for the work-related injury or illness. Once an option below has been chosen for a non-4850 work-related injury or illness, it cannot be rescinded for the maximum period allowed for the option or the period of total temporary disability for the associated work-related injury or illness.

Non-4850 Workers' Compensation Time Off:

Option 1 - The employee chooses to use accrued sick leave, accrued vacation or other accrued leave to receive a full paycheck for the pay period. The City's adjuster will issue a check to the employee and the City and mail it to the City. When a workers' compensation check is received by the City, the City will deposit the check to offset the wages paid to the employee via the payroll system for the time off taken for the work-related injury or illness. The employee's sick leave, vacation or other accrued leave will be charged for the balance of the time off taken in an amount necessary for the employee to receive a full paycheck. This procedure allows the employee to receive full service credit for CalPERS retirement.

This option shall be available for twelve (12) weeks or the maximum time an employee is entitled to take pursuant to the Family Medical and Leave Act (FMLA) and/or the California Family Rights Act (CFRA), whichever is less, after which the employee shall automatically be covered by Option 2.

Option 2 - The employee chooses not to use accrued sick leave, accrued vacation or other accrued leave to receive a full paycheck for the pay period. The City shall notify the adjuster of the employee's choice and instruct the adjuster to issue the check solely to the employee. This shall constitute the employee's total wages paid for the pay period.

CalPERS shall be notified that the employee is on a leave of absence. The employee may apply to CalPERS to purchase service credit for this time.

Section 4850 Workers' Compensation Time Off:

When a workers' compensation check is received by the City, the City will deposit the check to offset the wages paid to the employee via the payroll system. The employee continues to receive a full paycheck for the period of time off subject to Government Code 4850. If the employee exhausts his or her benefits under Government Code Section 4850, the employee shall immediately be provided with the opportunity to choose one of the non4850 options noted above.

3.016 Leaves and/or Time Off Work
The following types of leaves and time off work observed by the City, include, but are not limited to: sick leave; bereavement leave; military leave; civil leave; court appearance; pregnancy leave; compensatory leave; leave without pay; vacation; and holidays with pay. All leaves may be granted by the Department Head in conformance with rules established for each type of leave and applicable laws and shall receive the approval of the City Manager, as specified. All departments are required to prepare permanent records of any absence from duty for their respective employees. 28 All time off requested by an employee must be earned before the time is taken, with Leave Without Pay authorized by the City Manager and eligible protected leave being the only exceptions. All accruals are available to be used by the employee as of the first of the month following the posting date. Although an employee requests time off in advance and receives approval from their supervisor, the employee must have sufficient accrual balances available to cover the time off when it is taken. Employees should strive to provide as much notice for discretionary leave requests (e.g. vacation, administrative leave, comp time, floating holiday, etc.). Department Heads may establish and distribute written internal leave request submittal policies. ( 1) Order of Leave Usage
Except as otherwise prohibited by Federal or State Law, employees are required to use accrued leave in the order as noted in the paragraphs below.

For employee's own illness or injury, including non-4850 Workers' Compensation time off if an employee is not off work for temporary total disability and receiving workers' compensation benefits:

1. Sick leave, subject to substantiation of a qualifying reason pursuant to Section 3.016 A.

1. e., if an employee has not submitted the time off as Protected Sick Leave; or protected sick leave if an employee chooses to use it for his or her own qualifying absence.

Employee must provide a general qualifying reason with all sick leave or protected sick leave time off requests.

2. Vacation, Admin Leave, or Comp Time, whichever is applicable.

3. Any other accrued leave available.

For eligible family member illness:

1. Protected Sick Leave, one half of a full-time employee's calendar year sick leave accrual up to a maximum of 48 hours (a new employee's maximum will be pro-rated based on the employee's hire date in the calendar year), may be used for an employee's child, spouse, parent, domestic partner, grandparent, grandchild and sibling. This is a subcategory of the employee's sick leave and is limited to the balance of sick leave available to the employee at the time of the request. Employee must provide a general qualifying reason with all protected sick leave time off requests.

2. Sick leave for an FMLA and/or CFRA certified serious illness.

3. Vacation, Admin Leave, or Comp Time, whichever is applicable.

4. Any other accrued leave available.

Non-medical time off for protected leaves such as Bonding time, School Appearance Leave, and School Activities Leave. For employee or eligible family member:

1. Vacation, Admin Leave, Comp Time, or Sick Leave.

2. Any other accrued leave.
29 Non-medical time off for Victims o{Domestic Violence & Sexual Assault Leave.

1. Protected Sick Leave, one half of a full-time employee's calendar year sick leave accrual up to a maximum of 48 hours ( a new employee's maximum will be pro-rated based on the employee's hire date in the calendar year). This is a sub-category of the employee's sick leave and is limited to the balance of sick leave available to the employee at the time of the request. Employee must provide a general qualifying reason with all protected sick leave time off requests.

2. Vacation, Admin Leave, Comp Time, or Sick Leave.

3. Any other accrued leave.

A. Sick Leave
l. Full-time Employees - All regular full-time and probationary employees who have completed one pay period of continuous service are eligible for sick leave. Sick leave with pay is granted by, and can only be used for the following reasons: personal illness, injury, or physical incapacity resulting from causes beyond the employee's control; enforced quarantine of the employee in accordance with community health regulations; to keep a doctor's or dentist's appointment; or after bereavement leave has been exhausted when approved by the City Manager, the death of an eligible family member, as defined in Section 3.016 B. or applicable MOU; or an FMLA and/or CFRA certified serious illness of a member of the employee's immediate family, as defined under FMLA and/or CFRA. All sick leave requests must be approved by the employee's supervisor.

Employees must notify their supervisor that they are ill before the start of each work day unless otherwise authorized. Probationary employees who have worked a full pay period, as defined in paragraph a. below, shall accrue sick leave but are not eligible to use it until the first day of the month following the posting date. Employees are required to use sick leave for all time off due to work-related (workers' compensation) injuries or illnesses if the employee is not completely off work on temporary total disability and receiving workers' compensation benefits.

If an employee, while on accrued vacation, becomes sick for a period in excess of three days and can provide proper medical certification from a doctor, the employee's sick leave will be charged rather than accrued vacation.

Sick leave is specifically limited to those matters set forth herein and is not to be used as annual leave. All requests for use of sick leave or protected sick leave must include a general qualifying reason. If an employee has not submitted a time off request for Protected Sick Leave, substantiation of any illness may be requested for an absence at the reasonable discretion of the supervisor. Further, a Department Head may require that an employee submit a medical certificate, signed by a physician or other medical professional, stating the general nature of his or her absence (i.e. illness or injury), that the employee has been incapacitated for work for the period of absence, and that he or she is again physically able to perform his or her duties. Certain circumstances may be subject to applicable privacy laws.
a. Amount of Sick Leave. Probationary and regular employees earn sick leave credits at the rate of eight (8) hours per month. Sick leave may be accumulated without limit. For the initial computation of sick leave due, an employee shall be considered 30 as having worked a full pay period when the employee works at least half of the pay period. If a probationary employee is given a regular appointment, then the time served as a probationary employee shall be credited for sick leave purposes. b. Layoffs. If a non-probationary employee is reappointed within 18 months of being laid off, the City shall reinstate any unused sick leave existing at the time of layoff.

Unless modified by applicable MOU, the reappointed employee shall retain seniority for purposes of sick leave use and vacation accrual. c. Coordination with Injury Leave and Workers Compensation. An employee receiving both sick leave with pay and compensation under Workers' Compensation laws, shall receive only that portion of his regular salary which will, together with Workers' Compensation, equal his/her regular salary. Accrued sick leave shall be charged accordingly. Charges shall be made against sick leave accruals for any waiting period not covered by the Workers' Compensation Act. After sick leave accruals are exhausted, vacation time will automatically be charged. d. Computing Sick Leave. An absence that lasts only a fraction of the work day and that is consistent with the provisions of sick leave shall be charged proportionally. e. Doctor's Certificate. If an employee has not submitted a time off request for Protected Sick Leave, regular sick leave with pay in excess of three (3) consecutive working days, for reasons of personal illness or injury, may be granted only after legitimate medical certification is provided.
f. Sick Leave at Retirement. Employees retiring on normal service retirement shall be eligible for a sick leave conversion to service credit as specified in the City's PERS contract.
g. Protected Sick Leave (formerly Kin Care). One-half of an employee's annual sick leave accrual, up to 6 days or 48 hours, may be used in any calendar year for the following reasons pursuant to SB 579. The annual maximum amount of Protected Sick Leave will generate on the first payroll each January for current full-time employees. A new full-time employee's Protected Sick Leave accrual shall be prorated based on the employee's hire date within the calendar year. Use of Protected Sick Leave is subject to the available sick leave balance as determined in Section

3.016 A. Leaves and/or Time off Work.

1. The diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee.

2. The diagnosis, care, or treatment of an ex1stmg health condition of, or preventive care for, an employee's eligible family member. An employee's eligible family member as defined in Section 245.5 (c) of the Labor Code is the employee's child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.

3. An employee who is a victim of domestic violence, sexual assault, or stalking.

All requests for Protected Sick Leave must include the general reason for the leave and the person's relationship to the employee (i.e. Doctor's appointment for my grandmother). The period of time an employee takes off that is requested 31 as Protected Sick Leave, up to the maximum entitlement, each calendar year shall not require a physician's certification. If the employee has not submitted the time off request as Protected Sick Leave or has exhausted the maximum Protected Sick Leave entitlement for the calendar year, the employee will be required to provide a physician's certification as noted in Section 3.016 A. Sick Leave and/or Section 3.016 A. 1. e. Doctor's Certificate. Protected Sick Leave shall be exhausted when the employee has taken the maximum amount of time off to which the employee is entitled pursuant to the criteria noted above in this section.

2. Part-time Employees - In accordance with AB 1522, part-time employees who have worked thirty (30) days in a twelve-month period are eligible to accrue sick leave at the rate of twenty-four (24) hours for the fiscal year. Time shall be credited at the beginning of the fiscal year for part-time employees who meet the 30 days worked criteria.

Employees who have not yet worked 30 days in a twelve-month period, will receive 24 hours upon the completion of the 30th day worked in a twelve month period. No sick leave accrual shall be carried over to the following fiscal year. Part-time employees are not eligible to use accrued paid sick time off until the 90th day of employment, defined as the number of days worked. Part-time employees must request sick leave in increments of not less than two (2) hours. Employees who have not worked in a twelve-month period shall be considered a new employee for purposes of sick leave accrual and usage. Parttime employees may not request more paid sick leave time for any given work day than they are normally scheduled to work. All requests for use of part-time sick leave must include a general qualifying reason.

Part-time sick leave may be used for the following reasons pursuant to AB 1522:

1. The diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee.

2. The diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee's family member. An employee's eligible family member as defined in section 245.5 (c) of the Labor Code is the employee's child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.

3. An employee who is a victim of domestic violence, sexual assault, or stalking.

3. Transitionfrom Part-time Employee to Full-time Employee-Part-time employees who are hired to fill a full-time position and who have not exhausted their part-time sick leave accrual for this fiscal year, shall have the balance transferred to their full-time sick leave bank.

4. Transition from Full-time Employee to Part-time Employee - Full-time employees who, for whatever reason, transition to a part-time position, shall have their part-time sick leave reinstated to the extent that they do not receive more part-time sick leave for the fiscal year than they are entitled to under section 3.016 A. 2.

B. Funeral/Bereavement Leave
A full-time employee may use a maximum of three days (24 hours) paid bereavement leave time to attend a funeral or grieve the passing of a member of the employee's immediate family.

Employee must be in a paid status at the time of request for bereavement leave. If additional 32 time is required, accumulated vacation time or sick leave may be used when approved by the City Manager.

For Funeral/Bereavement Leave, a member of the employee's immediate family is defined as a spouse, son, daughter, stepchild, brother, sister, father, mother, father-in-law, mother-inlaw, brother-in-law, sister-in-law, grandchild, or grandparent. At the sole discretion of the City Manager, this definition may be extended on an individual basis to include any other relative living in the employee's home.

C. Military Leave
The provision of the Military and Veterans Code of the State of California shall govern military leave of City employees.

D. Civil Leave
Any full-time, regular employee shall be given necessary time off without loss of pay when performing jury duty, or performing emergency civilian duty in connection with national defense. Employees shall not waive jury duty fees. All fees received ( other than meal or travel allowances) shall be returned to the City. A probationary or regular employee who is absent for jury duty shall be paid his/her regular salary only if the employee remits the amount received for such duty to the City. When appropriate, the supervisor may request exemption of individual employees from jury duty when such service would entail undue hardship on the City or the public it serves.

Generally, if an employee is released from jury duty, and the employee's regular shift has more than two hours left to complete the shift, the employee is expected to return to work or to use leave for the balance of time off for the day. Jury duty shall include drive time and a reasonable meal period, if applicable, and a reasonable amount of time to change into appropriate work apparel. For example: An employee's shift is 8:00 a.m. to 5:00 p.m. The employee reports to jury duty and is released, after a meal break, at 1 :30 p.m., has a 45 minute commute back to the work site, and takes 15 minutes to change into appropriate work apparel.

The employee is expected to either work 2 hours and 30 minutes or request 2 hours and 30 minutes of discretionary leave for time off.

Jury duty is not considered time worked for the purpose of calculating overtime.

E. Court Appearance

1. Court-Subpoenaed Witness or Expert Witness in the Interests of the City. In any absence from work due to being a court-subpoenaed witness in issues involving the City, an employee shall demand the payment of statutory witness fees. Whenever possible, employees shall determine whether certified copies of appropriate documents would be suitable and would eliminate the need for a court appearance. An employee who is absent from work due to being a court-subpoenaed witness will be paid the normal salary in accordance with the applicable Memorandum of Understanding for the corresponding period of absence. No portion of the employee's salary will be forfeited as the result of such an appearance; however, all witness fees ( except personal travel and/or subsistence payments) shall be remitted to the City.

2. Party to Suit or As Expert Witness Not Serving in the Interests of the City. An employee who is absent from work due to being a party to a law suit or who is an expert 33 witness not serving in the interests of the City shall appear on his/her own time. He/she will be either charged vacation time or docked pay for the period of absence.

F. Leave Without Pay
The City Manager or designee may grant a regular employee a leave of absence without pay not to exceed three (3) months. No leave shall be granted except upon written request by the employee to the City Manager. Except for situations that qualify for protected leave status (FMLA, CFRA, PDL, active Workers' Compensation claims, etc.), employees must exhaust all available accrued leaves before they can request leave without pay.

Such leaves may be granted when it is in the interest of the City to do so. Failure on the part of an employee on leave to report to work at the expiration of his/her leave shall result in dismissal of the employee, subject to the City's Unauthorized Leave policy, Section 3.016 I.

An employee on any unpaid leave of absence shall not accrue Vacation or Sick Leave for any month in which they were not in a paid status for the equivalent of at least one complete pay period (80 regular hours) plus one additional regular workday. Administrative leave and floating holidays (including Admission Day) shall not be posted until the employee returns to a paid status. The decision of the City Manager on granting or refusing to grant a leave of absence or extension thereof shall be final and conclusive and shall not be subject to the grievance procedure. At the expiration of the leave without pay period, the employee shall be reinstated to the same department and to the position vacated if the position still exists or to any other position in the same classification within the department. If the leave was for medical reasons, the employee shall be evaluated as fit to return to full duties by a doctor who is approved by the City. The anniversary date, for the purposes of all step raises, shall be adjusted according to the length of the leave.

G. Payment of Medical Premiums
Employees are required to contribute on a pre-tax basis, their share of medical premiums as determined by applicable MOU or Salary & Benefit Resolution. Prior to an employee entering a Leave Without Pay status, an employee may request in writing, by submitting a Medical Premium Payment Request form, that the City pay the employee's share of medical premiums during the time an employee is in a Leave Without Pay status to avoid the financial hardship of paying the employee-portion of healthcare premiums when not receiving a paycheck. This arrangement is subject to approval of the City Manager, and under no circumstances will the City pay more than the equivalent of three months of the employee's share of premiums. When the employee returns to work, the City will begin regular premium deductions and agree to a repayment period for the amount paid on the employee's behalf. Under no circumstances will the repayment period exceed three months or applicable protected leave eligibility period, whichever is less. A Medical Premium Payment Request form is available from the Human resources representative, otherwise may be provided to the employee before or during the leave.

The City will initiate the COBRA election process for the following reasons:
• A Medical Premium Payment Request Form was not received from the employee prior to the employee entering a Leave Without Pay status
• An employee who submitted a Medical Payment Request Form and opted to pay the required contribution to the City while on leave defaults on the agreement 34 • An employee who is on Approved Leave Without Pay, not related to a protected leave, which extends beyond three (3) months
• The employee exhausts all protected leave that requires the City to maintain medical benefits
If coverage is terminated, the City shall restore coverage once the employee returns from leave. This provision shall also apply to protected leaves.

The City reserves the right to recover the employer and employee portion of health insurance premiums paid while an employee was on unpaid leave if the employee fails to return after the end of the leave period, subject to limitations and requirements set forth under law. This policy shall not apply to any supplemental or elective benefits the employee may be enrolled in. For these benefits, the employee is expected to make all required payments.

H. Compensatory Leave
Compensatory time off may be granted in lieu of overtime pay at the employee's request and with the advance approval of the supervisor. It must also be in accordance with an applicable Memorandum of Understanding, if any, and State and Federal laws.

I. Unauthorized Leave
An unauthorized absence of an employee for three (3) consecutive work days shall be considered Job Abandonment and constitute an automatic resignation from City service. (See Section 4.005 A.)
J. Vacation
Except as otherwise provided in an applicable MOU, if any, probationary and regular employees earn vacation on the following basis:
• 12 days (96 hours) per year for the first two (2) years. • 13 days (104 hours) per year beginning with the third (3rd) year. • 14 days (112 hours) per year beginning with the fourth ( 4th) year. • 15 days (120 hours) per year beginning with the fifth (5th) year. • 16 days (128 hours) per year beginning with the sixth (6th) year. • 17 days (136 hours) per year beginning with the seventh (7th) year. • 18 days (144 hours) per year beginning with the eight (8th) year. • 19 days (152 hours) per year beginning with the ninth (9th) year. • 20 days (160 hours) per year beginning with the tenth (10th) year.

At City Manager's discretion, vacation accrual for Executive Management positions may include credit for prior public agency service.

Computation of vacation accrual shall be prorated based on the hours worked versus the number of hours in the pay period. If a provisional employee is given a regular appointment, time served as a non-full time employee shall be accrued for vacation purposes. Vacation time must be accrued prior to taking time off from work. Vacation accruals are available for use as of the first of the month following the posting date.

1. Probationary Period. Employees serving a probationary period on an original appointment shall accrue vacation leave in accordance with the provisions of this section. 35 2. Scheduling and Accrual. Vacations are to be taken at the convenience of the department.

The maximum accrual of vacation leave shall not exceed thirty (30) working days or twohundred and forty (240) hours, whichever is less, and shall be subject to the appropriate Memorandum of Understanding (MOU) and/or City Council resolution. If the maximum accrual is reached, the employee will no longer accrue vacation leave.

3. Separation and Reinstatements. An employee who separates from City service will receive pay for any vacation accrued as of the effective date of resignation. All accrued vacation, compensatory time, the employee's final paycheck, life insurance, and where applicable, sick leave, holiday and uniform allowance of an employee who dies in the service, shall be paid to the employee's designated beneficiary. For vacation-time accrual purposes, reinstated employees are considered new employees, except for those employees who are subject to the provisions of 3.016 A. 1. b. Layoffs.

K. Holidays with Pay
Those certain days as the City Council may fix are holidays for all probationary and regular employees. All employees, probationary and regular, working Monday through Friday shall observe the following Monday as a holiday when a holiday falls on a Sunday; holidays falling on Saturday shall be observed on the previous Friday. Eligible employees will be paid for 8 hours for each designated holiday with pay. Any employee working an alternative work schedule that exceeds an 8-hour workday, shall use discretionary leave for the difference between 8 hours and the employee's scheduled hours if the employee is normally scheduled to work but does not work on the designated holiday. For probationary or regular employees on a workweek other than Monday through Friday, their holidays shall be compensated by whatever agreements are entered into via their Memorandum of Understanding.

In order to receive pay for an observed holiday an employee must have been in a full-time employment status with pay with the City on the workday before and after the holiday.

Employees on an alternative work schedule (i.e. 3/12, 4/10, 9/80) may not modify their regularly scheduled day(s) off in a pay period that includes an observed City holiday.

L. Meal Periods
Unless otherwise addressed by an MOU, the City shall not employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day's work the meal period may be waived by mutual consent of the employer and the employee. Except for when an employee will complete the day's work in not more than six (6) hours, the meal period may be delayed beyond five (5) hours only when a lunch waiver request is submitted, on a per incident basis, by the employee and approved by the supervisor in the City's timekeeping system.

Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when a lunch waiver request is submitted, on a per incident basis, by the employee and approved by the supervisor in the City's timekeeping system.

Meal periods are set by Department Heads. The Department Head will try to schedule meal periods at a time that will suit the needs of both the employee and the department. In order to 36 ensure continuous service to the public, certain offices and functions must be staffed at all times. For this reason, all employees may not be permitted to go to lunch at the same time.

M. Rest Periods
Rest periods are intended to permit a "break" from the normal work activities. Two breaks, as determined by each department, shall be set aside as rest periods. In general, employees working in fixed locations (fire building, police building, City Hall, yard and treatment plants) have a place set aside to prepare coffee and other refreshments. Employees who work in temporary locations (police, fire, community services, and public works personnel) should take their "breaks" near the job site or as specified in departmental policy.

N. Catastrophic Leave
To establish a procedure for the voluntary donation of leave hours for approved catastrophic extended leave of absence to fellow eligible employees
Donor Eligibility:

Any employee with a maintained leave balance of one hundred and sixty (160) hours or more, unless otherwise approved by the City Manager, may donate accrued Administrative Leave, Birthday Pay, Floating Holiday, Vacation, and/or any other discretionary leave, not otherwise deemed ineligible in this section, to another eligible employee who is suffering from a catastrophic extended leave of absence. Sick Leave and Compensatory Leave shall not be eligible for Catastrophic Leave donation. Donors are encouraged to maintain sufficient leave balances for their personal use.

Recipient Eligibility:

1. Any eligible employee, who is or who has an eligible family member ( as defined by FMLA and CFRA) suffering from a catastrophic illness or injury, is eligible to request donations after all accrued sick leave, vacation, administrative leave (if applicable), compensatory time, and any other discretionary leave has been, or is expected to be, exhausted. Multiple requests for donations are permitted.

2. Employees applying for eligibility under the hardship provision of this policy must first use all available accrued sick leave, vacation, administrative leave (if applicable), compensatory time, and any other discretionary leave. Recipients of donated leave are limited to thirty (30) calendar days per calendar year unless otherwise approved by the City Manager.

3. Certification from a doctor that the illness/injury will preclude the eligible employee from returning to work for at least thirty (30) calendar days must be submitted to the City Manager and/or the Human Resources Department with an application to request donated leave.

Procedures:
a. Hours shall be donated using the appropriate donation form. b. Employees may donate a maximum of forty ( 40) hours of eligible accrued leave, as noted in the Donor Eligibility section, and a minimum required donation of one ( 1) hour for each donation request.
37 c. Donated time will be posted in the order it is received. Any leave donation form received after the maximum approved leave has been posted, shall not be used and the form shall be returned to the donors. No posted leave time shall be returned to donors unless the employee's absence is later determined to be covered under Workers Compensation regulations. In such case, the employee's compensation shall be adjusted pursuant to the appropriate Worker's Compensation regulations, and the donated time returned to the donating employees.
d. Donated leave balance hours will be converted to donated leave hours for the recipient and entered into his/her donated leave accrual balance by Payroll. This will continue until either the donations are exhausted or the employee returns to work. e. The value of the time donated shall be converted to the value of the time used, to provide an equivalent hourly rate. There will be no tax liability to donors. f. Donated leave shall be subject to the recipient's normal payroll deduction. g. Employees receiving donated leave shall not be eligible to receive Long Term Disability (LTD) benefits in accordance with LTD plan limitations while on catastrophic (sick/donated) leave. When catastrophic leave payments cease, applicable LTD benefits will be paid directly to the employee from the City's LTD Administrator. h. Any period of donated leave will be counted as Family and Medical Leave (FMLA) and California Family Rights Act (CFRA) time in accordance with State and Federal law.

FMLA provides up to twelve weeks of job-protected leave for time off work due to a serious illness of the employee, employee's child, spouse, mother or father when the employee has worked for the City for at least 1,250 hours over the prior twelve month period.

1. All benefits that accrue to an employee on sick leave will accrue to an employee absent on Catastrophic Leave.

0. Administrative Leave
Administrative leave shall be granted to executive management and mid-management level employees. The amount of administrative leave shall be set by resolution. Proration of administrative leave shall be prorated for new hires. Pro-rations shall be based on the fiscal quarter in which the employee is hired.

P. Protected Leave
Federal & State Unpaid Protected Leaves Policy. The City of Reedley has established an unpaid protected leave entitlements policy that conforms to the provisions of the Federal Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and the California Pregnancy Disability Leave Law (PDL). The City of Reedley has designated the City's fiscal year of July 1 thru June 30 as the 12-month period for tracking time off used for these protected leaves. All required notices sent under this section shall be sent by certified mail.
38 1. Family and Medical Leave Act
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
• for incapacity due to pregnancy, prenatal medical care or childbirth; • to care for the employee's child after birth, or placement for adoption or foster care; • to care for the employee's spouse, son, daughter or parent, who has a serious health condition; or
• for a serious health condition that makes the employee unable to perform the employee's job.

Military Family Leave Entitlements
Eligible employees whose spouse, son, daughter or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is:
( 1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or
(2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.* *The FMLA definitions of "serious injury or illness" for current service members and veterans are distinct from the FMLA definition of "serious health condition".

Benefits and Protections
During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work, subject to payment of employee's share of premiums. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. If an employee does not have adequate accrued leave to pay for the employee's share of the medical premium, the City may pay the premium on behalf of the employee. However, the payment will be subject to a signed repayment agreement, subject to restrictions and requirements under Section 3.016 (G).
39 Title 29, Section 825.212(a)(l) of the FMLA regulations state in the absence of an established employer policy providing a longer grace period, an employer's obligations to maintain health insurance coverage cease under FMLA if an employee's premium payment is more than 30 days late. The City must meet the notice requirement, which include ensuring that such notice must be mailed to the employee at least 15 days before coverage is to cease, advising that coverage will be dropped on a specified date at least 15 days after the date of the letter unless the payment has been received by that date.

Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at least 12 months, have 1,250 hours of service in the previous 12 months*, and if at least 50 employees are employed by the employer within 7 5 miles.

Definition of Serious Health Condition
A serious health condition is an illness, mJury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies.

Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days' notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal callin procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer 40 if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees' rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount ofleave counted against the employee's leave entitlement. If the employer determines that the leave is not FMLAprotected, the employer must notify the employee.

2. California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) was established to ensure secure leave rights for the following:
• To bond with a new child by birth, adoption, or foster care placement, within one year of the child's birth, adoption, or foster placement • To care for a child, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition.
• For the employee's own serious health condition
• For a qualifying exigency related to the active duty or call to covered active duty of a spouse, domestic partner, child, or parent in the Armed Forces of the United States CFRA Definitions
Child - A biological, adopted, or foster child, a stepchild, a legal ward, or a child of an employee or the employee's domestic partner, or a person to whom the employee stands in loco parentis.

Parent - A biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.

Benefits
• An employer is not required to pay an employee during a CFRA leave, except when an eligible employee elects, or the employer requires, the employee to use any accrued vacation time or other accumulated paid leave other than accrued sick leave. • However, if CFRA leave is for the employee's own serious health condition, the employee may elect or the employer may require the employee to use any accrued vacation time or other accumulated paid leave, including any accrued sick leave.

Additionally, the employee may elect to use accrued sick leave for any other reason mutually agreed to by the employer.
• For leave for an employee's own serious health condition, the employee may also substitute leave taken pursuant to a short- or long-term disability leave plan, as determined by the terms and conditions of the City's disability leave policy, during the otherwise unpaid portion of the CFRA leave. The paid disability leave runs 41 concurrently with CFRA leave, and may continue longer than the CFRA leave if permitted by the City's disability leave plan. An employee receiving any form of disability payments is not on "unpaid leave" and therefore, the City may not require the employee use paid time off, sick leave or accrued vacation.

An employer must continue health care coverage for employees during their CFRA leave
If the employer provides health benefits under any group health plan, the employer has an obligation to continue providing such benefits during an employee's CFRA leave, subject to provisions in Section 3.016 (G).

This obligation commences on the date leave first begins. The obligation continues for the duration of the leave(s), up to a maximum of 12 work weeks in a 12-month period.

An employer must continue other benefits during an employee's CFRA leave During the period of CFRA leave, the employee is entitled to accrual of seniority and to participate in employee benefit plans, including life, short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as would apply to any other leave granted by the employer for any reason other than CFRA leave.

Eligibility Requirements
An employee may take an unpaid leave for the birth of a child for purposes of bonding, for placement of a child in the employee's family for adoption or foster care, for the serious health condition of the employee's child, parent, or spouse, and for the employee's own serious health conditions.

Health condition
Serious health condition means illness, injury (including on-the-job injuries), impairment, or physical or mental condition of the employee or a child, parent or spouse of the employee that involves either:
• In-patient care (i.e., an overnight stay) in a hospital, hospice, or residential health care facility
• Continuing treatment or supervision by a health care provider Employers covered under CFRA
Employers subject to CFRA are those who do business in California and employ 50 or more part-time or full-time employees, including non-profit religious organizations.

Covered employers also include the State of California and any of its political and civil subdivisions, and cities and counties, regardless of the number of employees.

Requirements employee must satisfy to be eligible to take a CFRA leave To be eligible for CFRA leave, an employee must be either a full-time or part-time employee working in California, have more than 12 months ( 52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period before the date the leave begins.
42 LEA VE REQUIREMENT
The maximum CFRA leave entitlement
Leave under the California Family Rights Act (CFRA) may total up to 12 workweeks in a 12-month period. It does not need to be taken in one continuous period of time. The City of Reedley has designated the City's fiscal year of July 1 thru June 30 as the 12- month period for tracking time off used for these protected leaves.

The CFRA leave may be added onto pregnancy disability leave At the end of an employee's period(s) of pregnancy disability leave, a CFRA-eligible employee may request a CFRA leave of up to 12 workweeks for reason of birth of her child if the child has been born by this date. There is no requirement that either the employee or child have a serious health condition nor is there a requirement that the employee no longer be disabled by her pregnancy, childbirth, or related medical condition before taking CFRA leave for reason of birth of her child.

The minimum duration for a CFRA leave taken for the birth, adoption, or fostercare placement of a child Basic minimum duration of a CFRA leave is two weeks when the leave is taken for the birth, adoption, or foster care placement of a child. However, the City shall grant a request for a CFRA leave of less than two weeks duration on any four occasions. In addition, leave taken for the birth, adoption, or foster care placement of a child must be completed within one year of the qualifying event. Where CFRA leave is taken for the serious health condition of a parent, child, or spouse or for the serious health condition of the employee, leave may be taken intermittently or on a reduced-work schedule when medically necessary, as determined by the health care provider of the person with the serious health condition. However, an employer may limit leave increments to the shortest period of time the employer's payroll system uses to account for absences.

NOTIFICATION
An employee must give advance notice if he/she wants to take a CFRA leave An employee shall provide at least verbal notice sufficient to make the employer aware the employee needs CFRA qualifying leave. The notice shall state the reason for the leave and its anticipated timing and duration. An employer may require 30 days advance notice before CFRA leave is to begin if the need for the leave is foreseeable. If 30 days is not feasible ( e.g., not knowing when leave will be required to begin, a change in circumstances, or a medical emergency), notice must be given as soon as feasible. Under all circumstances, it is the employer's responsibility to designate leave, paid or unpaid, as CFRA leave. In addition, the employer shall respond to a leave request as soon as possible but no later than ten calendar days after receiving the request.

An employer must inform employees of notice requirements An employer shall provide notice to his/her employees of the right to request a CFRA leave and shall post the notice in a conspicuous place or places where employees tend to congregate. If the employer publishes a handbook describing other kinds of personal or disability leaves available to its employees, the employer shall include a description of 43 CFRA leave in its next edition. The employer may include both pregnancy disability leave and CFRA leave requirements in a single notice.

REINSTATEMENT
An employer must reinstate the employee at the end of his/her CFRA leave Upon granting an employee a CFRA leave, the employer must guarantee reinstatement to the same or comparable position and provide the guarantee in writing upon the request of the employee. Employment in a comparable position means employment in a position that is virtually identical to the employee's original position in terms of pay, benefits, and working conditions, including privileges, perquisites, and status. It must involve the same or substantially similar duties and responsibilities, skill, effort, and authority, must be performed at the same or geographically proximate work site, and ordinarily means the same shift or same or equivalent work schedule.

Reasons an employer could deny reinstatement to an employee on CFRA leave An employer may deny reinstatement to an employee if his/her position ceased to exist, such as in a lay-off. However, the employer must notify the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary as well as give the employee a reasonable opportunity to return to work.

3. Pregnancy Disability Leave Law
Leave Requirements
An employee who is disabled by pregnancy is entitled to up to 693 hours ( 40 hours x

17.333 weeks) of disability leave. Leave can be taken before or after birth during any period of time the woman is physically unable to work because of pregnancy or a pregnancy-related condition. All leave taken in connection with a specific pregnancy counts toward computing the four-month period, including time off for doctor's visits.

When time off is designated as PDL, the City requires the employee to use sick leave; however, only the employee can elect to use vacation or other accrued paid time off. Once the employee is done with PDL and the City begins running CFRA, the City mandates the use of other accrued paid leaves during the CFRA leave. Pregnancy leave is available when a woman is actually disabled. This includes time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, or any related medical condition.

If an employee is disabled as the result of a condition related to pregnancy, childbirth, or associated medical conditions and requests reasonable accommodation upon the advice of her health-care provider, an employer must provide reasonable accommodation.

As an accommodation, and with the advice of her physician, an employee can request transfer to a less strenuous or hazardous position for the duration of her pregnancy.

Employees are entitled to take pregnancy disability leave in addition to any leave entitlement they might have under CFRA.

If possible, an employee must provide her employer with at least 30 days advance notice of the date for which the pregnancy disability leave is south or transfer begins and the estimated duration of the leave.
44 If 30 days advance notice is not possible due to a change in circumstances or a medical emergency, notice must be given as soon as practical. The leave may be modified as a woman's changing medical condition dictates. If a woman desires to return earlier than agreed, an employer must reinstate her within two business days of her notice.

Salary and Benefits during Leave
Employers who provide health insurance coverage for employees who take leave for nonpregnancy related temporary disabilities must provide coverage for employees who take leave for pregnancy, childbirth or related medical conditions, subject to provisions in Section 3.016 G.

An employer may require an employee to use accrued sick leave during any unpaid portion of her pregnancy disability leave. The employee may also use vacation leave credits to receive compensation during an otherwise unpaid portion of her pregnancy disability leave. An employer may not require an employee to use vacation leave or other accrued time off during pregnancy leave.

Return Rights
After a pregnancy leave or transfer, employees are guaranteed to return to the same position and can request the guarantee in writing. If her same position is no longer available, such as in a layoff situation, the employer must offer a position that is comparable in terms of pay, location, job content, and promotional opportunities, unless the employer can prove that no comparable position exists.

4. Notifications
Employees should consult with the Human Resources Representative if they have any questions regarding their eligibility for leave under this policy. Employees who are eligible for leave based on their length of service must provide sufficient advance notice of their desire for leave whenever the need for leave is foreseeable. Requests for a Leave of Absence that may qualify under one or more of the protected leaves noted in this section, should be submitted in writing to the Human Resources Representative at least 30 days prior to the date the employee would like the leave to begin. Exceptions to the advance notification rule apply in some cases, such as when a medical emergency arises and it is not feasible to provide 30 days advance notice. In such case, the employee must provide as much advance notice as is practicable.

A. It shall be the joint responsibility of the employee, the employee's direct supervisor and the employee's department director to notify the Human Resources Representative that a situation exists that may qualify as a protected leave under FMLA, CFRA, PDL or any combination of the protected leaves. The employee does not necessarily have to request a protected leave for the leave to be designated as a protected leave. Supervisors and department directors should immediately notify the Human Resources Representative whenever an employee's situation might qualify as a protected leave.

B. The Human Resources Representative, upon receipt of the notification, shall mail the following documents, if applicable, to the employee requesting leave; i) Notice of Employee's Eligibility & Rights and Responsibilities. 45 ii) Health Care Provider Certification that complies with any applicable State of California law which prohibits an employer from asking for a medical diagnosis.
iii) State California Department of Fair Employment and Housing's "Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave" Notice (DFEH-100-21) or "Your Rights and Obligations as A Pregnant Employee" Notice (DFEH-100-20) or both, depending on the reason for the request. iv) Job description if the leave is for the employee's own serious health condition C. It shall be the responsibility of the employee to provide the requested Health Care Provider Certification or other requested documentation within fifteen (15) calendar days of the date of the mailed notices or notify the Human Resources Representative as soon as practicable of the reason why the certification cannot be returned within the requested time frame. If an employee fails to return the Health Care Provider Certification and fails to provide the Human Resources Representative with a reason why the certification cannot be submitted in the fifteen (15) calendar days, the requested leave may be delayed or denied.

D. Upon receipt of the requested certification, the Human Resources Representative will either approve or deny the leave based on the information provided for FMLA, CFRA and PDL. If the leave is approved, a notice will be mailed within 5 days to the employee designating the leave as FMLA, CFRA, PDL or any combination of these protected leaves. Except where prohibited within the protected leave laws, the employee will be required to use all accrued leave time towards any designated FMLA and CFRA time off. Employees will be required to use sick leave towards all PDL time off and employees may choose but are not required to use any other accrued leave towards PDL time off if the accrued sick leave balance is insufficient to cover the time off.

E. Employees who are granted protected leave under FMLA, CFRA or PD L will be informed of the terms and conditions under which health and other benefits will be continued during such leaves, as well as their obligations to pay their share of the premiums for such coverage.

5. Maximum Length of Protected Leave
A. FMLA leave is restricted to a 12-week period, except where additional time is permitted under FMLA to care for a covered serviceman, in the 12-month period previously designated in this section.

B. CFRA leave is restricted to a 12-week period, except where additional time is permitted under CFRA, in the 12-month period previously designated in this section.

C. PDL is restricted to a period of 17.33 weeks, except where additional time is permitted under PDL, in the 12-month period previously designated in this section.

The period of 17.33 weeks will be calculated to comply with current PDL law.

D. FMLA leave and CFRA leave will run concurrently, except when FMLA leave is used for a pregnancy related leave.
46 E. When a protected leave is for a pregnancy leave, FMLA and PDL will run concurrently for 12 weeks, at which time FMLA will terminate and PDL will continue until the calculated 4-month period ends at which time PDL will terminate.

When PDL ends, the 12-week period of designated CFRA leave will begin.

6. Moonlighting While on Protected Leave
A. Any full-time employee who has been approved for FMLA, CFRA or PDL shall be prohibited from working at any second job in which the employee performs duties that are substantially the same as the duties performed for the City of Reedley while the employee is off for FMLA, CFRA or PDL.

B. Any part-time employee who is deemed eligible and has been approved for FMLA, CFRA or PDL shall be prohibited from working any second job in which the employee performs duties that are substantially the same as the duties performed for the City of Reedley while the employee is off for FMLA, CFRA or PDL.

7. Return from Protected Leave for Employee's Own Serious Health Condition A. The employee shall provide the City of Reedley with a physician's certification that the employee is able to return to work without limitations based on the employee's job description, or
B. The employee shall provide the City of Reedley with a physician's certification that the employee is able to return to work with limitations which will not prohibit the employee from performing the essential duties of the job based on the job description.

C. Upon returning to work from a Protected Leave, the City may elect to send the employee for a fitness for duty evaluation.

Q. Long-Term Disability Elimination Period
The Long-Term Disability Elimination Period is ninety (90) days of continuous disability or the amount of accrued leave the employee has available whichever is longer. Employees must exhaust all available accrued leave before Long-Term Disability benefits begin. Accrued leave that must be exhausted includes sick leave, vacation, compensatory time, donated leave and all other discretionary leaves.

R. School Activities and/or Child Care Provider Activities Leave l. School/Child Care Provider Activities. An employee who is the parent, guardian, or grandparent with custody of a child of the age to attend Kindergarten or grades 1 through 12, inclusive, or a licensed child care provider, may take off up to forty ( 40) hours per calendar year to participate in activities of the school or licensed child care provider. The amount of leave remains the same as noted above regardless of the number of children in the employee's custody. The employee must provide reasonable notice, generally 48 hours, and may elect to use leave without pay, accrued vacation leave, accrued sick leave, or any other accrued paid leave. This leave can be used for the following child-related activities:
(A) To find, enroll, or reenroll his or her child in a school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider of his or her child, if the employee prior to taking the time off, gives reasonable notice, generally 48 hours, of the planned 47 absence. Time of taken for these reasons shall not exceed 8 hours in any calendar month of the year
(B) To address a child care provider or school emergency, if the employee gives notice. A child care provider or school emergency has the following meaning:
(1) The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from school. (2) Behavioral or discipline problems.
(3) Closure or unexpected unavailability of the school or child care provider, excluding planned holidays.
( 4) A natural disaster, including, but not limited to, fire, earthquake, or flood.

Time off taken for the reasons in subsection (B) is not subject to the 8 hours per month limitation.

Employees may be asked to provide documentation from the school or licensed child care provider as proof that he or she engaged in eligible child-related activities on a specific date and at a particular time. For these purposes, "documentation" means whatever written verification of parental participation the school or licensed child care provider deems appropriate and reasonable.

The City reserves the right to deny a request for a compelling reason such as an emergency situation or critical staff/facility coverage as determined by management.

Leave pursuant to this section is exempt from Section 3.016 F. Leave Without Pay.

2. School Suspension Meetings. An employee who is the parent or guardian of a child who has been suspended from school may take time off to appear at the school in connection with that suspension. The employee must provide reasonable notice and may elect to use leave without pay, accrued vacation leave, accrued sick leave, or any other accrued paid leave.

The City reserves the right to deny a request for a compelling reason such as an emergency situation or critical staff/facility coverage as determined by management.

Leave pursuant to this section is exempt from Section 3.016 F. Leave Without Pay.

S. Leave for Victims of Domestic Violence or Sexual Assault An employee who is a victim of domestic violence or sexual assault may take leave from work to obtain, or attempt to obtain any relief, including, but not limited to a temporary restraining order, restraining order, or other court assistance to help ensure the employee's own health, safety, or welfare, or that of the employee's child.

An employee may also take leave to:

1. Seek medical attention for injuries caused by domestic violence or sexual assault.

2. Obtain service from a domestic violence shelter, program, or rape crises center as a result of domestic violence or sexual assault.

3. Obtain psychological counseling related to an experience of domestic violence or sexual assault.
48 4. Participate in safety planning and take other actions to increase safety from future domestic violence, including temporary or permanent relocation.

Employees should provide reasonable advance notice, if foreseeable, or as soon as possible under the circumstances, depending on the nature of the leave taken under this section.

Employees may elect to substitute accrued vacation, sick leave, or other paid leave time for unpaid leave.

Leaves for injuries resulting from domestic violence or sexual assault may run concurrently with other types of leaves, such as Family and Medical Leave.

Leave pursuant to this section is exempt from Section 3.016 F. Leave Without Pay.

T. Voting Leave
Pursuant to the provisions of the Elections Code of the State of California, employees who are registered voters and who do not have sufficient time, outside working hours, to cast a ballot, only two hours of actual working time will be compensated. If the employee on the third working day prior to the day of election knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee shall give the City at least two working days' notice that time off for voting is desired. Absent such notice, the request may be denied.

U. Organ/Bone Marrow Donor Leave Policy
The City Manager may grant to an eligible employee, a leave of absence not exceeding 30 business days in any one-year period, for the purpose of donating their organ to another person. The one-year period is measured from the date the employee's leave begins and shall consist of twelve (12) consecutive months.

The City Manager may grant to an eligible employee, a leave of absence not exceeding five (5) business days in any one-year period, for the purpose of donating their bone marrow to another person. The one-year period is measured from the date the employee's leave begins and shall consist of twelve (12) consecutive months.

In order to receive a leave of absence pursuant to the paragraphs above, the employee shall provide written verification to the City that they are an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.

The period of time during which the employee is required to be absent for their position by reason of being an organ or bone marrow donor is not a break in their continuous service for the purposes of their right to salary adjustments, sick leave, vacation, paid time off, annual leave, or seniority. During any period that an employee takes leave for being an organ or bone marrow donor, the City may maintain and pay for coverage under the City's group health plan for the full duration of leave, in the same manner the coverage would have been maintained if the employee had been actively at work during the leave period.

An employee on a leave of absence for being an organ donor shall be required to take up to two weeks of accrued sick leave, accrued vacation, or any other accrued leave available. An employee may request to use additional accrued sick leave, accrued vacation, or any other accrued leave available to continue receiving compensation for the remainder of the organ donor leave.
49 An employee on a leave of absence for being a bone marrow donor shall be required to take up to five days of accrued sick leave, accrued vacation leave, or any other accrued leave available.

A leave of absence for the purpose of being an organ or bone marrow donor shall not be taken concurrently with leave pursuant to the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).

Leave taken for the purpose of being an organ or bone marrow donor may be taken in one or more periods, but in no event shall exceed the amount of leave prescribed in the first two paragraphs of this section.

3.017 Temporary Light and/or Modified Duties or Temporary Reassignment A. All light-duty requests must be accompanied by a doctor's note regarding specific limitations that are to be placed on the employee (e.g. employee cannot lift more than 5 lbs., no standing for more than 5 minutes, etc.).

B. All light-duty requests shall be reviewed by the employee's supervisor, Department Head, and Human Resource staff to ensure that accommodations are sufficient. Accommodations must reflect the limitations indicated by the employee's physician.

C. Upon receiving notification of an employee's work restrictions for a workers' compensation injury, the City shall first review the job specifications for the employee's position to determine if the duties of the employee's position can be modified sufficiently to comply with the work restrictions. If the duties of the position cannot be modified to meet the employee's work restrictions, the City may review existing positions within the City to determine if there is a vacant position for which the employee is able to temporarily perform the duties.

If the City is able to reasonably accommodate the employee's work restrictions, without creating an undue hardship on the City, with one of the two options noted above, the City may offer temporary light and/or modified duty or temporary reassignment. Such accommodation shall be temporary in nature and not to exceed ninety (90) days, unless specifically authorized by the City Manager due to special circumstances. Any authorized extension is not to exceed a thirty-day period, with any subsequent extensions authorized by the City Manager. Under no circumstances will a position be created to offer an employee light and/or modified duty.

D. After review, the employee will be issued a notice approving or disapproving the light-duty request. If the request is approved, then the notice must ( 1) include specific duties that the employee is allowed to perform based on the prescribed limitations and (2) require the employee to sign acknowledging the applicable restrictions.

3.018 Special Compensation
Special Compensation for City employees is set by either resolution or labor agreement. Special compensation is a component of compensation earnable, and is applicable for 'Classic' members and is defined by Government Code (GC) 20636 and 20636.1 and California Code of Regulations (CCR) 571. Pensionable compensation is also applicable for 'New' members, those typically hired on or after January 1, 2013, and must meet the requirements defined by GC section 7522.34(a).

One such area of special compensation that is generally reportable are Uniform Allowances. The City must report to CalPERS either the cash payment amount or monetary value of uniforms so
provided, as outlined in CCR 571(a). A City resolution or labor agreement shall provide all conditions for payment of a Uniform Allowance; however for those Uniform Allowances that are not paid to the employee on a cash basis, a separate method must be used to determine the monetary value of uniforms provided to employees. Therefore, for all non-cash uniform allowances, for all non-cash uniform allowances, on an annual basis, the City shall take the total amount paid to provide uniforms to a member group in a given year, then divide the amount by the number of members. The per-employee amount (for 'Classic' members) is then reported to CalPERS as pensionable compensation. Under PEPRA, 'New' members are not allowed the uniform allowance as pensionable compensation as defined by GC 7522.04(f).

Unqualified items shall not be included as special compensation. As stated in CCR 571(a), Uniform Allowance "excludes items that are solely for personal health and safety such as protective vests, pistols, bullets, and safety shoes."

3.019 Travel Policy
Purpose
From time to time, City employees are required to attend conferences, meetings, training seminars, certification institutes, etc., which apply directly to the management and operation of Reedley city government. The city recognizes the value and importance of such meetings which relate either to representing city interests before other agencies or the business sector, and also provide the opportunity for the exchange of ideas and training as it relates to the performance of city duties.

This policy sets forth guidelines and establishes uniform practices and policies regarding expenditures associated with City business activities.

Applicability
This policy is applicable to all City employees. The expenses incurred by spouses or guests who choose to attend a conference shall be paid by the employee. There are, from time to time, meetings or social events where an employee's spouse/guest is invited and expected to attend and participate. In those cases, costs associated with the spouse/guest attendance shall be paid for by the City. Written authorization from the Department Head shall be secured in advance when spouse/ guest expenses will be incurred.

Authority
The City Manager may exempt any City employee from the provisions of this policy should be it be determined that an exemption is warranted by extraordinary circumstances or operating requirements.

Authorization
Budget appropriations constitute approval of travel where travel advance or reimbursement will be required. Unanticipated, but necessary, travel and related expenditures shall be approved by the City Manager in advance. Out of state travel by city employees may be permitted, however, authorization will be granted on a "case-by-case" basis by the City Manager. Requests for attendance at out of state conferences which are not approved in the annual budget must be submitted to the City Manager, in writing, through the department head, with appropriate information regarding why attendance is required, mode of transportation, and anticipated total cost.
51 Transportation
Employees attending City business related meetings by automobile are encouraged to use a City vehicle, if available. Employees using personal vehicles to attend City related conferences and meetings shall receive mileage reimbursement at the prevailing Internal Revenue Service approved rate in effect at the time. Business miles shall be calculated using the City Hall address as the starting and ending point for business related travel. Under no circumstances may an employee use a City fuel card to purchase fuel for their personal vehicle, even for City business/travel.

Department Head Car Allowance/Mileage
Department Heads or any other employee who receive a monthly vehicle allowance in lieu of a staff vehicle may request mileage reimbursement when traveling one way further than 40 miles, at the prevailing Internal Revenue Service approved rate in effect at the time, with no adjustment made to the actual business miles traveled. Business miles shall be calculated using the City Hall address as the starting and ending point for business related travel. Claims for eligible mileage shall be submitted to the City Manager for approval, then forwarded to the Administrative Services Department for processing.

Requests for Cash Advance
Requests for cash advance for conference related expenses are to be submitted to the Administrative Services Department in accordance with the regular accounts payable schedule.

Options for Paying for Conference Expenses
Option 1: All allowed expenses incurred will be paid using a City-issued credit card. Expenses shall include: registration and materials for the classes or conference attended, lodging, meals, incidentals including parking, baggage handling, taxi, etc. Using this option requires itemized receipts for all expenses incurred to be submitted upon return from the trip. If a receipt is lost or unavailable, a signed affidavit will be required for missing documentation. Petty cash reimbursement may be made in circumstances where a credit card may not be accepted (i.e. parking meters, etc.).

Option 2: Registration, class materials, and lodging can be placed on a City credit card. A Per Diem cash advance may be obtained for meals and incidentals. The conference itinerary must be submitted to determine which meals are included in the conference. Per Diem shall be determined by the allowed Federal Government (IRS) rate with 20% allowed for breakfast, 30% allowed for lunch and 50% allowed for dinner when calculating meals that are not included in registration. In this option receipts will be required for the items charged on the City credit card. Receipts are not required for meals that you receive Per Diem for. Any meal or incidental expense in excess of the Per Diem allowance will not be reimbursed.

Option 3: Using this option, the employee may elect a Per Diem cash allowance to cover the cost of lodging, meals, and all incidentals. Meal Per Diem shall be handled the same as in option 2.

No receipts are required under this option. Class or conference registration and materials will be paid using a City credit card. Lodging, meals, and incidental expenses in excess of the Per Diem amount will not be reimbursed.

Qualified Expenditures: It shall be the duty of each staff member who travels at City expense to do so in a practical and economical manner. NO ALCOHOLIC BEVERAGES ARE TO BE 52 CLAIMED OR WILL BE REIMBURSED BY THE CITY. Qualified Expenditures shall be considered for the following:

Registration
Lodging*
Meals
Tips (not to exceed 20%)
Bus/Taxi/Rapid Transit & other fares
Parking Fees
Toll Bridges
Mileage where appropriate
Business phone calls
Home phone calls related to conference/ meeting
activity ( one phone call/day to residence except in
family emergency)
Lodging: Lodging arrangements should be practical and economical. As a guide, lodging, as much as possible, should be similar to the currently published Federal Government (IRS) guidelines: Employees staying at a "Conference" hotel and receiving the discounted conference rate shall be allowed to exceed the State Guidelines but are not exempt from any other items in the travel policy. Whenever possible, lodging will be paid directly to the hotel by the City, either by City credit card or by City check. The use of a personal credit card to pay for lodging is only permissible if it is not feasible for the City to make the payment directly. A personal credit card should be provided to the hotel for personal expenses charged to the room.

A Transient Occupancy Tax waiver (California travel only) should always be requested at the hotel. If it is denied, a notation should be made on the waiver form, which then should be attached to the expense form.

Reimbursement of lodging is limited to the actual cost of a single room. When making arrangements for lodging, the government, group, conference or promotional rates shall be requested. The City will not reimburse the traveler for luxury upgrades ( e.g. ocean views, suites, etc.) When lodging at a conference facility is full, lodging at a comparable hotel shall be acceptable.

Meals: Reimbursement for meals shall be made only when travel extends for a minimum of six (6) hours except when specifically approved otherwise by the Department Director.

Reimbursement shall be at the current per diem rate established by the U.S. Government General Services Administration (GSA). Meals provided by common carriers (e.g. airline, train, bus) or included in registration fees or hotel rates (i.e., if a Traveler attends a conference where lunch is provided, no reimbursement will be provided for the lunch meal) are not eligible for per diem reimbursements. A continental breakfast does not constitute a meal. Gratuities for meals are included in the per diem rates and are not reimbursed separately.

Travel meals are reimbursable/paid by the City for travel beginning/ending as shown on the below schedule:

Meals Degarture on Initial Day of Travel Return on Final Day of Travel Breakfast Before 7:00 a.m. After 10:00 a.m.

Lunch Before 11 :00 a.m. After 2:00 p.m.

Dinner Before 4:00 p.m. After 7:00 p.m.
53 Expense Form: After returning from an authorized conference, meeting, or seminar, the attending employee( s) utilizing option 1 or 2 above shall complete, within 20 working days, a "Expense form" provided by the City. The completed form is to be submitted to the Department Head ( or to the City Manager in the event of Department Head travel), then to the Administrative Services Department for processing. Both the itemized and total paid receipts must be submitted for all meals.

Extended Personal Travel: Travelers who combine personal travel with business travel must identify and pay for the personal segment of the trip. Reimbursement for car rental and airport parking must be prorated to allow reimbursement for only those costs associated with City business.

Public Records Requirement: All documents related to reimbursable City travel expenditures are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250-6270).

3.020 Employee Service Award Recognition Program
It is the policy of the City Council to recognize full-time employees for their cumulative years of service, with the City of Reedley, to the community at five-year intervals. An employee's cumulative years of service as of December 31 st each year will be used to determine eligibility for a service award the following calendar year. No rounding up is allowed except when an employee is retiring from City service the following year and the time worked from January 1st to their retirement date will reach the years of service interval for an award.

Employees will be recognized with a service award valued at the specific amount corresponding to the employee's years of service. The value of the service award will be based on years of service table shown below:

Years of Service Service Award Valued at:
5 $75.00
10 $100.00
15 $150.00
20 $200.00
25 $250.00
30 $300.00
35 $350.00
40 $400.00
When a City employee reaches five years of service, they are to be recognized and given a service award sometime during the following year. For example, if an employee works for five years, he/she will receive a gift during their sixth year of employment. The dollar value of the service awards provided under this program shall be considered taxable as wages to the recipient employee, included on Form W-2, and subject to Federal income tax withholding, social security and Medicare. IRC 74; IRC 3121(a) (20)
54 3.021 Retirement Gifts Policy
An employee may be honored under this policy if he/she has 10 or more years of service as a fulltime employee to the City. This policy may apply to retiring Council members at Council's discretion.

Gift Items. Memento items such as a plaque or desk accessory, may be purchased with City funds.

This item is intended to be of personal value rather than monetary value. The City may also provide a retirement gift of an amount not to exceed $100.00. Cash awards, cash equivalent ( e.g. gift certificates), or dollar value of gifts provided under this program shall be considered taxable as wages to the recipient employee, included on Form W-2, and subject to Federal income tax withholding, social security and Medicare. IRC 74; IRC 3121(a) (20). Other gift items of more significant monetary value may be given by way of employee donations from personal funds if desired.

Event Expenditure. The City may pay for expenses related to an open house type event. Any food purchased with City funds should represent light refreshments/snacks rather than a meal and should not exceed $150.00. Under no circumstances shall City funds be used to purchase alcohol.

When possible, the event should take place at a City facility to eliminate the need for building rental. If a more elaborate event is desired, the cost will be paid by those attending the function ( e.g. if the event is dinner at a restaurant, each person will pay for their own meal).

3.022 Vehicle Allowance/Mobile Phone Stipend
Certain employees may be approved by the City Manager to receive a vehicle allowance and/or cell phone stipend for use of the employee's personal vehicle or mobile phone for bona fide business purposes if allowed by the applicable resolution or MOU. Such allowance or stipend is the total compensation that shall be received by the employee for the use of a personal vehicle or mobile phone. Maintenance and operation expenses, including repairs, are solely the responsibility of the employee.

3.023 Safety Boots for Part-Time Employees
On approval of the City Manager, part-time employees whose positions require a majority of their time to be spent where safety is a concern, may receive a reimbursement for the purchase of safety boots up to the amount as set forth in the current GSU Memorandum of Understanding.

Reimbursements are made upon request and shall not occur more than once per fiscal year.

3.024 Memorial Donations
The City Manager, at his/her discretion, may use eligible public funds to purchase flowers/plant or make a donation in lieu of flowers to the family to honor any former councilmember, full-time employee, appointed member of a legislative body, or other distinguished member of the community who has passed away. Generally, donations should not exceed $100.00 without compelling justification.

3.025 Professional Certification & Continuing Education Expense Reimbursement City Manager shall have the discretion to authorize reimbursement to employees for expenses related to obtaining professional certifications and/or completing continuing education classes that 55 have been approved by the City Manager and deemed beneficial to the business operations of the City and are not otherwise authorized by a bargaining unit MOU. 56 Section 4.000

CHANGES IN

EMPLOYMENT
STATUS
57 SECTION 4.000 CHANGES IN EMPLOYMENT STATUS

4.001 Transfers
A transfer is an assignment of an employee from one position to another position. Transfers may take place within a department prior to the department utilizing an existing eligibility list or recruitment process and shall be at the discretion of the Department Head. A transfer may take place between departments, between positions of the same pay range, between positions of the same class, or between positions of different classes, either at the conclusion of an in-house or outside recruitment process, or, if the employee requesting transfer is on an eligibility list for the vacant position, or if in compliance with a rehabilitation decision. A transfer does not supersede utilization of an existing list or the recruitment process as defined in Section 2.000.

4.002 Non-disciplinary Downgrades
An employee may be downgraded to a lower position for which he/she is qualified for any of the following reasons:

A. When an employee would otherwise be laid off because the position is being abolished; a position is being reclassified to a higher grade, ( duties have evolved into or overlaps another classification); lack of work; lack of funds; or because of the return to work from authorized leave of another employee to such a position in accordance with the rules on leaves; or where departmental needs have changed;
B. When an employee does not possess the necessary qualifications or does not possess the ability to render satisfactory service in the position held, or when removed during probation in accordance with Section 2.013 e.; subject to the procedures of Section 5.007; and/or C. When an employee voluntarily requests such a downgrade.

The City Manager retains the discretion, if a position changes due to no fault of the employee, to Y-rate that employee's salary. The City Manager may change the classification of any established position downward to meet the City's need. In the event such action has an impact on a bargaining unit, the City will offer to meet and confer regarding such an impact with the affected unit.

4.003 Reinstatements
An employee who has resigned with a good record may be rehired, if a vacancy exists, to the same or similar position by the same department from which he/she resigned within one year of the date of the resignation without qualifying in competitive examination. This is known as a reinstatement.

Such action must be submitted to the City Manager in letter form giving one's name, title, salary, date of separation, date of proposed reinstatement, and cause of vacancy which the reinstatement will fill.

An employee may be reinstated at the same step in the pay range or may be placed to a lower step within the range at the discretion of the Department Head and with the approval of the City Manager. He/she cannot be reinstated at a higher step. The reinstatement cannot be made if the City has a layoff list for the position. Reinstated employees are considered new employees for purposes of vacation, sick leave, and salary steps. No entitlements or previously accrued benefits, such as sick leave, will be restored. Employees on a layoff list will not be considered new employees (for the sake of benefits) until after two years of being laid off. Employees restored to 58 duty after military service are not reinstated in the sense of this rule, but are instated subject to reinstatement under the provisions of the Military and Veterans Code of the State of California.

Any employee returning to work for the City after six months or longer is required to be refingerprinted, unless the City Manager or Human resources representative waives this requirement.

4.004 Y-Rating
Y-Rating is the process whereby an employee does not receive less pay when promoted, downgraded or demoted, notwithstanding, the pay rate assigned others in the classification. To make the transition easier, the employee receives the same pay until salary adjustments are made for the entire class. At that time, he/she will be paid within the same range as all others within the particular classification. This usually occurs when a position has been downgraded or a person demoted due to no fault of the employee. Y-rating is at the discretion of the City Manager.

4.005 Separation
Following regular employment after the satisfactory completion of probation, separations of employees from positions in the classified service shall be designated as one of the following categories and shall be accomplished in the manner indicated: resignation, disability, death, retirement, dismissal, or layoff.

A. Resignation. An employee resigns from employment by notifying his/her supervisor either orally or in writing or by incurring three (3) consecutive working days of unauthorized leave as a result of failing to report to work as required, unless the employee has been hospitalized or incapacitated. Oral or written notices of resignation should be given as far in advance as possible, however, a minimum of two weeks' notice is desired unless the separation is due to retirement (See Section 4.005 D.). Failure to give adequate advance notice of resignation may be cause for denying future employment with the City. The last day that an employee physically performs the duties of his or her position for the City shall be the last day on payroll. All discretionary leave accrued but not used as of the last day on payroll shall be paid to the employee in a lump sum payment that is not pensionable.

B. Disability. An employee shall be separated from employment as a result of a physical or mental disability when the employee cannot sufficiently perform the required duties and functions of his/her position. An action to separate an employee from employment may be initiated by the employee, the employee's legal representative, or the City. Furthermore, each case must be supported with acceptable evidence and given to the City Manager. The City may also require the employee to be examined by an expert of the City's choice and at the City's expense, as the City determines reasonably necessary, in order to evaluate the claim of disability.

C. Death. Separation from employment with the City shall be effective as of the date of death of the employee. All compensation and eligible accruals due, except for such sums required by law to be withheld, shall be paid to the employee's designated beneficiary.

D. Retirement. Whenever an employee meets the conditions set forth in the contract between the City and the Public Employees Retirement System or any successor retirement plan, the employee may elect to retire and receive any and all benefits earned under the retirement plan.

Qualified employees preparing to retire must notify their department heads of their intent to retire at least 30 days prior to their final departure from the City. The last day that an employee 59 physically performs the duties of his or her position for the City shall be the last day on payroll.

All discretionary leave accrued but not used as of the last day on payroll shall be paid to the employee in a lump sum payment that is not pensionable.

E. Dismissal. An employee may be dismissed from regular, full-time employment through the processes set forth in Section 5.000. Only regular, full-time employees of the City are entitled, except as otherwise required by State statute or applicable MOU, to the procedural provisions in Section 5.007. These include rights of appeal of a disciplinary decision of Section 5.000 for termination or discipline for cause. All other employees of the City including, but not limited to, those employees defined as unclassified, probationary employees, non-full-time employees, contract employees or otherwise, are considered "at-will" employees. Therefore, they may be terminated and separated from employment without cause and without the hearing and appeal processes set forth herein, unless specifically required by State or Federal law.

F. Layoff Layoff is the separation of employees from service due to a reduction in workforce or elimination of one of or more positions. Whenever a determination has been made to reduce the workforce, the reduction in the workforce shall be prescribed in an applicable MOU, as required by law, or as otherwise determined by the City Manager. After layoff, re-employment rights shall be as contained in an applicable MOU, as required by law, or as determined by the City Manager.

4.006 Removal from Payroll
Any employee that has not worked during the most recent 12-month period shall be removed from payroll in a manner prescribed by the Human resources representative, and required to go through the New Hire Procedure in Section 2.009 upon rehire.
60 Section 5.000

EMPLOYEE CONDUCT

AND DISCIPLINE
61 SECTION 5.000 - EMPLOYEE CONDUCT & DISCIPLINE

5.001 Specific Rules of Conduct
Causes for Disciplinary Action against any employee may include, but shall not be limited to, the following:

A. Neglect of duty.

B. Violation of safety rules.

C. Unacceptable attendance, record including tardiness, absenteeism, overstaying lunch or break periods, or a pattern of unscheduled and/or inappropriate time off.

D. Possessing, distributing, or being under the influence of alcoholic beverages, nonprescription or unauthorized narcotics, or dangerous drugs, or abusing prescription drugs during working hours.

E. Inability, unwillingness, refusal, or failure to perform work as assigned, required, or directed, including inability to maintain necessary licenses, certifications, etc.

F. Unauthorized soliciting on City property or time.

G. Conviction of either a felony or misdemeanor involving moral turpitude.

H. Unacceptable behavior toward the general public, fellow employees, or officers of the City.

I. Falsifying employment application materials, time reports, records, payroll documents, or other City records.

J. Disobedience towards one's proper authority.

K. Misuse of City property.

L. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations.

M. Disorderly conduct, participation in fights, horseplay, or brawls.

N. Dishonesty or theft.

0. Habitually violating any City policies, rules, or regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action.

P. Continued substandard performance of duties.

Q. Failure to maintain required licenses and certificates.

R. Insubordination.

S. Other acts inimical or detrimental to the public service.

5.002 Outside Employment
No regular, full-time employee of the City shall engage in additional employment outside the official hours of duty if such employment causes, or can cause, a conflict of interest or impair job performance. Employees must receive prior written permission from the City Manager through 62 their Department Head prior to engaging in outside employment, per the City's Outside/Secondary Employment policy contained in Section 7.006 of these Personnel Policies and Procedures.

5.003 Political Activity
All political activities of employees shall be subject to the Government Code of the State of California.

5.004 Safety
It is important that safety precautions are abided by and that all safety equipment, issued or approved, is used.

5.005 Citywide Attendance Policy
A primary requirement for continued employment is regular attendance. While the City recognizes some absences may be unavoidable, City departments and the employees have an obligation to the public that demands regular and prompt attendance. Although it is recognized that excessive absenteeism is a proper reason for corrective/disciplinary action, up to and including termination of employment, it is the policy of the City to identify problem areas by keeping proper records, exploring avenues of available assistance, and encouraging compliance with attendance standards.

This attendance policy was developed to establish guidelines to further efforts to provide service to the public, and is designed to be a no-fault program, meaning that the pervasive performance problems stemming from excessive absences are the focus of this policy, not the nature of the absences. However, an employee may be subject to disciplinary action up to and including termination based on the number, pattern, or severity of incidents.

Authorized leaves and statutorily protected leaves ( e.g., Family and Medical Leave Act, California Family Rights Act, military leave,jury duty, subpoenas and court appearances, bereavement leave, vacation leave, leaves of absence pursuant to existing City of Reedley' s Policies and Procedures, suspension, union business, etc.) and layoffs are outside the scope of this policy.

In the event of a serious illness or injury to the employee requiring the employee's absence during a future period ohime, or a serious illness or injury to the employee's spouse, children, or parents requiring the employee's absence during a future period of time, the applicable City department, the employee and applicable recognized bargaining unit may agree to a plan for the employee's absence(s) over a specified period of time. If such plan is agreed upon, absences under such plan shall not be subject to this policy.

A. Definitions
1) Absence: Excluding the authorized and statutorily protected leaves discussed above, an absence or absenteeism is defined as any failure to show up for or remain at work as scheduled regardless of the reason. This applies to any assignment, be it a regular shift, overtime work, work related meetings, lunch, etc.
2) Excused Absence: Excused absence occurs when all four of the following conditions are met:
a) the employee provides sufficient notice to his or her supervisor, b) the reason is found to be credible or acceptable by his or her supervisor, c) such absence request is approved by his or her supervisor, and d) the employee has sufficient accrued leave time available to cover such absence. Employees must use accrued leave time for every absence unless otherwise 63 allowed by City policy (e.g., Leave of Absences policy, Bereavement policy, Jury Duty). 3) Unexcused Absence: Unexcused absence occurs when one of the four conditions in number 2 is not met. If it is necessary for an employee to be absent or late for work because of illness or emergency, the employee must notify his or her supervisor generally not later than 30 minutes prior to the employee's scheduled starting time on that same day, unless otherwise expressed in an MOU or resolution.
4) Tardy: A tardy occurs when an employee is not present and ready to begin working at his/her workstation at their scheduled time. Tardiness also occurs when an employee leaves work prior to the end of their scheduled shift without prior approval. The City's existing rounding policy will be taken into account when determining whether or not an employee is tardy.
5) No Call/No Show: Employees must report their absence each day; failure to do so is considered a no call/no show. Employees must notify their supervisor at least 30 minutes prior to the start of their scheduled shift if they are going to be absent or late except for employees subject to an existing MOU or resolution with alternative procedures in place; otherwise is considered an unexcused absence.

Any employee who fails to call in and/or report to work for three (3) consecutive workdays is considered to have abandoned his/her job and to have voluntarily resigned. (See P&P Sections

3.0160 I. and 4.005 A.)
B. Timekeeping & Timecards. All employees shall attend work regularly and be in accordance with general department rules and regulations. All employees are expected to report to work on time every day, unless excused by the provisions of these policies and procedures. It is against City policy for employees to share passwords and punch in for anyone but themselves.

No employee may amend or approve their own time card/sheet at any time. Only employees authorized by their department director may punch in or out using a mobile device when reporting for work at an off-site work location without an alternate method with which to punch in or out. Any employees found to be punching with a mobile device while not conducting official work activities will be in violation of this policy and subject to disciplinary action up to and including termination.

1. The City tracks employee time in 15-minute increments. As allowed by FLSA regulations pursuant to 29 CFR § 785.48 (b) "Rounding" practices, the City rounds employees' starting and stopping times to the nearest fifteen (15) minutes ( quarter of an hour), as long as this rounding does not result in a failure to count as hours worked all the time employees have actually worked performing compensable duties over a period of time. Because the City uses a 15-minute rounding increment, the 7-Minute Rule must be used.

2. The 7-Minute Rule - When work time is tracked in 15-minute (quarter hour) increments, the cutoff point for rounding down is 7 minutes. If an employee works from 1 to 7 minutes, the the number will be rounded down to the nearest 15 minutes. If an employee works from 8 to 14 minutes, the number must be rounded up to the nearest 15 minutes.
64 5.006 Image
The City of Reedley strives to present itself as a professional services organization as well as provide a pleasant working environment for its employees. Therefore, it is important that all employees maintain a professional image with the community, visitors, and the general public.

While it is understood that employees are individuals and may have differing opinions as to what is considered acceptable behavior, decor, grooming and dress, the intent of this policy is to outline the minimum standards required of City employees in an effort to maintain a positive image of the City. It has been the policy that all employees promote a professional public image. This image is upheld when employees behave in a professional manner, when City offices and vehicles are kept clean and tidy, and when employees dress in appropriate attire. All employees are responsible for promoting the City of Reedley in a positive and professional manner.

A. Dress and Grooming- General Guidelines for all employees require that the City of Reedley maintain a professional business working environment. The following general standards apply:

1. All Employees
• Wear clean and well-maintained attire consistent with the nature of the job • Practice good personal hygiene that ensures the hair, person, and attire are neat, clean, groomed, and free from odor, while at the same time avoiding the excessive use of scented products
• While the City discourages displaying tattoos at work, visible tattoos are permitted so long as they are not obscene, offensive, or sexual in nature • Employee apparel and grooming, including jewelry and hats, should not distract from, or interfere with, the performance of work duties or constitute a safety hazard • Pierced and clip-on earrings are permitted; however, no visible type of jewelry "piercings" through the nose, tongue, or other body parts may be worn while on duty • Employee's hair must be a natural hair color but does not have to be the employee's natural hair color

2. Office Apparel
The following office apparel shall be worn by employees working in an office setting:
• Collared Dress Shirts, Sweaters, Blouses, Cardigan sets • Pants or Slacks
• Dresses or Skirts
• Dress or Casual Shoes
• Dress Boots
• Jewelry (in accordance with General Guidelines)

3. Casual Apparel
Except for employees in positions that require uniforms, casual clothing may be worn on Fridays, and on other days designated as casual dress days by the City Manager or designee. Casual dress includes:
• Polo shirts with appropriate pants or skirts, sweaters, and clothing made of denim fabric
• Casual clothing must not have holes or be frayed
• Athletic shoes provided they are free from holes and worn with socks or stockings 65 • Dress or Casual Shoes
• Dress Boots

4. Field Work Apparel
For employees who do not have uniforms provided by the City, the following may be worn:
• Casual clothing
• Full-length pants
• Work boots
• Shorts are not appropriate unless they are part of a work uniform or appropriate for participation in athletic or other events
• Jewelry is permitted so long as it does not pose a safety hazard and is in accordance with the general guidelines.

5. Uniforms
Employees in positions that require uniforms must wear the approved uniform during their work shift in accordance with the following guidelines:
• Uniforms must be neat, clean, and pressed at the start of the work shift • Uniforms should be worn only during working hours and on brief stops to and from work
• Patches, pins, jewelry, or other ornamentation must not be added to the uniform unless they are approved City patches, pins, and/or badges • Hard hats must be worn in accordance with applicable safety regulations • Hats are restricted unless otherwise approved by the City Manager or designee.

6. Restricted Apparel
• Pants that are low-riding, baggy, and/or ripped; shorts, sweat pants, casual capris, beach wear, spandex, and/ or leggings
• Track suits, sports jerseys, or overalls unless approved for a particular activity or event
• All T-Shirts and shirts with advertisements except when approved by Council for special recognition
• Dresses and skirts shorter than mid-thigh; strapless tops or dresses, low cut, sheer, mesh, cropped, halter, backless, camisole or having spaghetti straps not covered by a jacket or sweater, or any other clothing that exposes an employee's torso or underwear
• Casual sandals such as flip-flops or any shoes that would impact job performance or interfere with safety; Footwear that is prescribed by a physician to facilitate recovering from a medical condition or on-going medical condition may be worn.

In such cases, medical certification may be required.

B. Decor - Designated work areas are expected to be neat and free from excessive clutter.

Pictures, plants, and other decorative items on desk tops, file cabinets, walls, cubicle panels, etc. should be kept to a minimum and be appropriate for the workplace. Pictures should be displayed in frames.

Plants should be maintained in a healthy condition and pest-free. Displays of political or religious items are not permitted as this is a government facility. The physical appearance of 66 public counters should be neat, orderly, and attractively arranged to convey the impression of an efficient and effective City government. These areas provide a first impression of the workplace to the public. However, it is understood that counters are work areas, so work in progress is permitted.
• Open Office Areas: Personal decorative items should not be visible above or outside of personal work areas.
• Private Offices: Framed artwork or photographs are acceptable if properly hung with appropriate hardware. Unframed posters, loose pictures, and otherwise inappropriate items should not be tacked or taped on walls.

C. Snacks and Meals - Employees are encouraged to take meal breaks in the designated eating areas. Eating in areas that are visible to the public is prohibited. Birthday treats or other food that employees bring to share should not be visible to the public. Protect work surfaces by using a coaster for beverages on your desk and all conference tables. Wipe up spills immediately. Dishware, utensils, glasses, mugs, storage containers, etc. that are used are to be washed and put away by the user. Microwave spills should be cleaned up by the person responsible before the next person uses the microwave.

D. Vehicle - City vehicles should be operated in a safe and courteous manner. Drivers will keep their vehicle appearance, both inside and out, reasonably clean-as it reflects on the image of the City. The exterior of the vehicle shall be clean in appearance, consistent with weather and working conditions. Frequency of scheduled washes will vary according to conditions under which the vehicle is used. The interior of the vehicle shall be kept clean and orderly. Daily removal oflitter is necessary. Accumulation of trash will not be permitted.

E. Violations - The City reserves the right to require employees to modify their behavior, decor, and/ or dress and grooming if it is not appropriate for the conduct of business with the public.

Employees may seek clarification of this procedure and may address any questions to his/her Department Head or the Human Resources Office. Department Heads in consultation with the Human Resources Representative will decide appropriateness. The City Manager, however, will have the final say.

Employees who report to work inappropriately groomed or dress in violation of this procedure may be asked to leave work and change into acceptable apparel. In these situations, employees may use accrued leave time if available. Employees whose work area or City vehicle is in violation of this policy will be asked to take appropriate measures to ensure adherence to this policy. Flagrant or frequent violations may result in discipline up to, and including, termination from employment with the City.

F. Exceptions - The City Manager or his/her designee may authorize exceptions to this policy when the application would infringe on an employee's gender identity, genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, physical or mental disability, medical condition, marital status, veteran status, sexual orientation, age, or any basis protected by applicable Federal, State, or local law. Employees assigned to work on properties controlled by another public agency, shall adhere to the dress code of that agency. 67 5.007 Discipline
Whenever an employee violates the City's regulations or rules of conduct, including, but not limited to those violations listed in Section 5.001, or when their attitude, work habits, performance, or personal conduct falls below an acceptable level and does not support the efficient and effective function of the City, department, or workplace, an employee's supervisor shall inform the employee promptly and specifically of their unacceptable performance and counsel or discipline the employee as necessary. If appropriate and justified, a reasonable period of time for improvement may be allowed before imposing disciplinary action. It is the policy of the City to follow the philosophy of "progressive discipline." In some instances however, a single incident or the initial discovery or evaluation of a course of conduct may justify severe disciplinary action including dismissal, without adhering to the "progressive discipline" philosophy. The City has complete discretion to determine whether an incident, actions or course of conduct of an employee warrants a severe disciplinary action or a deviation from the "progressive discipline" philosophy.

The action the City decides to take shall depend, in part, on the severity of the incident and the pattern of the employee's past performance and conduct.

A. Forms of Discipline

1. Oral and/or Written Counseling. Oral or written counseling is corrective in nature and is not necessarily considered disciplinary action. Such counseling documents will not be placed in an employee's personnel file. However, oral or written counseling could be considered the first step in the progressive discipline process. Accordingly, any counseling may be documented in performance evaluations or additional disciplinary actions. Counseling, whether oral or written, may be used for performance evaluations and/or a record of corrective actions.

2. Written Reprimand. In situations where oral and/or written counseling does not result in the expected improvement or where, in the opinion of the employee's supervisor, a more severe initial action is warranted, a written reprimand may be provided to the employee.

A copy of any written reprimand shall be placed in the employee's personnel file.

Following receipt of a written reprimand, an employee will have 10 calendar days to submit a written response to the written reprimand. If a written response is received by the City, the response will be attached to the written reprimand and will be placed in the employee's personnel file. No other right to appeal the written reprimand will be allowed.

For good cause, a written reprimand may be removed from an employee's file by direction of the Department Head and upon review of the City Manager, or his/her designee, after one (1) year from the date of the written reprimand.

3. Suspension. An employee may be suspended without pay for up to 25 working days by direction of the Department Head. Any appeal of such discipline will be allowed as outlined below in Section 5.007(B)(5)(a).

4. Demotion. An employee may be demoted to a lower salary step within a classification or to a lower classification. Any appeal of such discipline will be allowed as outlined below in Section 5.007(B)(5)(a).

5. Dismissal. A Department Head or the City Manager, for employees reporting to the City Manager, may dismiss any employee in their department in accordance with the 68 procedures generally set forth in Section 5.007 (B). Any appeal of such discipline will be allowed as outlined below in Section 5.007(B)(5)(b).

B. Disciplinary Procedures

1. General Disciplinary Procedures
The City Manager shall promulgate procedures as he/she deems necessary for the handling of employee discipline matters. The failure of a Department Head to follow a procedure shall not render the action void nor constitute a defense by an employee to a disciplinary action.

For all employees excluding a Department Head, the disciplinary process is initiated by the Department Head or designee. In the case of a Department Head or other management employee reporting directly to the City Manager, the disciplinary process is initiated and finalized by the City Manager. A Department Head or other management employee reporting directly to the City Manager does not have any rights of appeal, including any appeal process described under section 5 below.

The procedures and appeal rights set forth in this section do not apply to the discipline of verbal or written warnings or reprimand or where the Memorandum of Understanding, Firefighters Procedural Bill of Rights, or Police Officers Bill of Rights specify otherwise.

This section and the below procedures and appeal rights as noted apply only to regular employees in the classified service.

2. Pre-"Skelly" Hearing Procedures
In the case of dismissals, demotions, and suspensions without pay, prior to the "Skelly" hearing, the employee shall be furnished with a written notice of proposed discipline.

The written notice shall contain the nature of the proposed action, the reasons and supporting documents, and the right of the employee to address the charge orally or in writing.

This notice shall be furnished at least five ( 5) calendar days prior to the proposed effective date of the action. In the event of dismissal, after receiving notice, but prior to the proposed effective date of dismissal, the employee may be retained in duty status or suspended with pay at the discretion of the Department Head and/or City Manager.

However, it should be noted that this provision does not alter the right of the City to place an employee on paid administrative leave prior to any discipline or disciplinary decision.

If the employee fails to respond to the notice of proposed discipline, then the action of the Department Head and/or City Manager shall be effective on the date specified for final action.

Should the employee respond orally or in writing, a "Skelly" hearing, as described below in Section (3), shall occur within a reasonable amount of time and the proposed disciplinary action effective date will be extended to after both the "Skelly" hearing and the final decision of discipline.
69 3. "Skelly" Hearing
Regular employees who are suspended without pay, demoted, or dismissed shall be offered a "Skelly" hearing. Following a request for a "Skelly" hearing, the hearing shall occur within a reasonable amount of time and prior to any final action of discipline. A "Skelly" Officer (a manager other than the manager that initiated the discipline) shall consider any comments of the employee before making a final recommendation to the Department Head or City Manager.

The only exception to giving prior notice for dismissal, demotion, or suspension without pay is an emergency where it is deemed necessary to remove the employee from his/her employment immediately for the safety of the public, the employee, or other City employee(s), provided a "Skelly" hearing is afforded at the earliest reasonable opportunity available.

Generally, a letter ofreprimand or a letter of warning to an employee does not require a "Skelly" hearing, except in the case of reprimands of Peace Officers and Fire Fighters.

For Peace Officer and Fire Fighter employees, the employee will be noticed in accordance with the MOU, if any, the Department Policies, if any, or the employee's rights under the Police Officers Bill of Rights or the Firefighter' s Bill of Rights, respectively.

4. Post "Skelly" Procedures
The Department Head or City Manager shall, within ten (10) calendar days ofreceiving the "Skelly" Officer's recommendation, consider the recommendation and make a decision, and transmit to the employee a letter containing the decision, the effective date of that decision, and any applicable appeal procedure as outlined below in section 5.

5. Appeal Procedures
There are two separate appeal procedures depending on the type of discipline. These procedures are applicable to Regular Employees in the Classified Service. Temporary, Part-time, or Non-Regular Employees in the Unclassified Service are not entitled to these procedures. See section C. below pertaining to Temporary, Part-time, or Non-Regular Employees in the Unclassified Service.
a. Appeal Procedures for Disciplinary Actions Less than Dismissal For disciplinary actions involving suspensions without pay, transfer for purposes of discipline, demotions or reduction in salary, the employee shall be entitled to a "Skelly" type hearing before the City Manager or designee in accordance with the following procedures:

The employee shall request an appeal hearing within five (5) days of receipt of the written decision to impose discipline.

Upon the employee's request for an appeal hearing, the City shall make arrangements for the City Manager, or designee, to hear the appeal at the earliest time available to all parties and the City Manager, or designee. If the City Manager, selects a designee they will be considered the "Hearing Officer" for the proceedings.

Alternatively, the employee and the City may agree to the selection of a different 70 Hearing Officer. The costs of the Hearing Officer shall be borne equally by both parties.

The Hearing Officer or City Manager shall control the order of the proceedings.

The technical rules of evidence shall not apply, but the Hearing Officer or City Manager may exclude irrelevant and repetitious evidence that detracts from the proceedings.

The hearing shall be recorded.

The employee shall present his or her case first.

The City shall then present its case.

The only oral testimony allowed is from the Employee and from the City, presented by the individual who issued the Final Decision of Discipline. Independent Witness testimony will not be allowed, however, written and signed declaration under oath may be submitted for consideration by the Hearing Officer or City Manager.

The Hearing Officer or City Manager may supplement the procedures contained herein as necessary and appropriate for the orderly conduct of the proceedings and to ensure the fairness of the hearing.

If a Hearing Officer other than the City Manager is selected by the parties, within ten (10) days after the conclusion of the hearing, or within a reasonable extension of time, the Hearing Officer shall issue a written advisory decision that recommends any of the following:

1. The punitive action be sustained;

2. The punitive action be modified; or

3. The punitive action not be sustained.

The decision shall make reference to the basis for the Hearing Officer's recommendation.

The Hearing Officer's decision shall be submitted to the City Manager for review along with the record of proceedings. The City Manager shall review and consider the Hearing Officer's recommendation within ten (10) days of receipt, or within a reasonable extension of time, and render a decision which does any of the following:

1. Upholds the punitive action;

2. Modifies the punitive action; or

3. Reverses the punitive action.

After receiving the recommendation by the Hearing Officer or conducting the hearing, the City Manager shall issue a written decision which shall reference the basis of his/her decision. The City Manager may adopt by reference the decision of the Hearing Officer, if any, as his/her own basis. The City Manager's decision shall be final.
71 b. Appeal Procedures for Disciplinary Actions Involving Dismissal For disciplinary actions involving dismissals, the employee shall be entitled to an administrative hearing as set forth below, or as otherwise set forth in the operative memorandum of understanding (MOU). Absent something expressly to the contrary in the City's personnel rules or in the operative MOU, the City Manager's decision shall be final following the administrative hearing procedure outlined below.

Following the effective date of dismissal, the employee shall be entitled to an administrative appeal hearing in accordance with the following procedures:

The employee shall request an appeal hearing in writing within five (5) days of receipt of the written decision to dismiss. The employee shall include in their written request the reasons or specific allegations they are contesting.

Upon the employee's request for an appeal hearing, the City shall make arrangements to locate and obtain an independent and neutral Hearing Officer to hear the appeal at the earliest time available to all parties and the mediator. The costs of the Hearing Officer shall be borne equally by the City and Employee.

The Hearing Officer shall control the order of the proceedings.

The technical rules of evidence shall not apply, but the Hearing Officer may exclude irrelevant and repetitious evidence that detracts from the proceedings.

The hearing shall be recorded or transcribed by a court reporter.

The employee shall first present his or her case.

The City shall then present its case.

The Hearing Officer may supplement the procedures contained herein as necessary and appropriate for the orderly conduct of the proceedings and to ensure the fairness of the hearing.

Within ten (10) days after the conclusion of the hearing, or within a reasonable extension of time, the Hearing Officer shall issue a written advisory decision that recommends any of the following:

1. The dismissal be sustained;

2. The dismissal be modified; or

3. The dismissal not be sustained.

The decision shall make reference to the basis for the Hearing Officer's recommendation.

The Hearing Officer's decision shall be submitted to the City Manager for review along with the record of proceedings. The City Manager shall review and consider the Hearing Officer's recommendation within ten (10) days of receipt, or within a reasonable extension oftime, and render a decision which does any of the following:

1. Upholds the dismissal;
72 2. Modifies the dismissal; or

3. Reverses the dismissal.

After receiving the recommendation by the Hearing Officer, the City Manager shall issue a written decision which shall reference the basis of his/her decision. The City Manager may adopt by reference the decision of the Hearing Officer. The City Manager's decision shall be final.

C. Disciplinary Actions Against Temporary, Part-Time, or Non-Regular Employees in the Unclassified Service
In the event that a temporary, part-time, or non-regular employee in the unclassified service is disciplined or terminated for misconduct which stigmatizes their reputation or impairs their ability to earn a living, to be determined at the sole discretion of the City, the temporary, part-time, or non-regular employee shall only be entitled to appeal the decision in the same manner as set forth in the "Skelly" procedure above, except that the City Manager, or designee, may conduct the "Skelly" procedure in lieu of the Department Head or other management employee. This appeal process may be held prior to or within a reasonable time after the imposition of discipline.

D. Disciplinary Actions Against a Department Head or Other Management Employee Any employee in a Department Head or other management position, or any other position that is exempt from the overtime pay and/or minimum wage provisions of the Fair Labor Standards Act of 1938, serves at-will and are not entitled to the disciplinary processes listed above. In the event of a disciplinary action against a Department Head or other management employee, such employee will be entitled to a notice of intended discipline and a "Skelly" hearing before the City Manager. Following this process the decision of the City Manager will be Final. No other rights to an appeal, including any appeal process described under section 5 above, will be given.

5.008 Policies Affecting the Workplace
A. Americans with Disabilities Act (ADA) Compliance Program for Applicants and Employees with Disabilities

1. Statement oflntent: It is the policy of the City of Reedley to comply with all the relevant and applicable provisions of the Americans with Disabilities Act ("ADA") and all other applicable Federal and State laws relating to discrimination in the workplace on the basis of physical or mental disability. The City of Reedley will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, conditions, or employment because of a person's physical or mental disability. The City of Reedley will also make reasonable accommodations whenever required by law for all employees or applicants with disabilities- provided that the individual is otherwise qualified to safely perform the duties and assignments connected with the job and provided that any accommodations made do not require significant difficulty or expense. The City of Reedley's policy of nondiscrimination applies to all personnel and employment practices.

2. Employment Policies: The City of Reedley will review all personnel procedures to ensure that job applicants and employees with disabilities receive nondiscriminatory 73 consideration when their job qualifications are assessed. All employment a]).d advancement decisions will be objective and based solely upon the determination of each candidate's job qualifications.

3. Administration and Implementation: The Human Resources Representative or designee is responsible for the ADA compliance program at the City of Reedley. His/her responsibilities shall include the following:
a. Developing policy statements, guidelines, and internal and external communications regarding the requirements of the ADA and the City's compliance program. b. Meeting with managers, supervisors, and employees to discuss any problems or concerns that may arise when accommodating individuals with disabilities to ensure that the program is being followed.
c. Determining the need for remedial action and designing policies to correct deficiencies within the program.
d. Serving as liaison between the City of Reedley and enforcement agencies, persons with disabilities, and organizations representing individuals with disabilities. e. Keeping management apprised on the latest developments in hiring and employing persons with disabilities.

4. Confidentiality: Applicants and employees are assured that all information regarding a disability shall be kept completely confidential except in the following cases:
a. Appropriate supervisors and managers may be informed regarding restrictions on the work or duties of disabled employees and any accommodations that have been made;
b. If the condition may require emergency treatment, first aid, and/or safety responses, then personnel may be informed; and
c. Government officials investigating compliance with Federal laws may be informed.

All employees with responsibilities which may require knowledge of a disabled coworker's conditions are advised to treat any and all knowledge with confidentiality.

5. Interactive Process: In an effort to comply with the ADA, the City has established an interactive process to determine if reasonable accommodation can be made for a disabled employee. The interactive process will begin when:
• The disabled employee expressly requests an accommodation for a disability, or • The City believes that an employee has a disability, or • The City believes that the employee is experiencing workplace problems because of the disability, or
• The City believes that the disability prevents the employee from requesting a reasonable accommodation
a. Once the accommodation has been requested or the need for accommodation is recognizable to the City, the City will analyze job functions to establish the essential and nonessential job tasks, and identify the barriers to job performance by consulting, in good faith, with the employee to learn the employee's precise 74 limitations. This process explores the types of accommodations that would be most effective, including any specific accommodation requested by the employee. The City will send a letter to the employee to schedule an ADA Interactive Process meeting to discuss the restrictions and explore the possibilities of making reasonable accommodations under the ADA. During the meeting, the employee is free to bring any health care information, or any other information that they feel will be relevant to the process. The employee may also have representation present at the meeting if they so desire.
b. After identifying the various possible accommodations, the City will assess the effectiveness of each accommodation and the preference of the employee to be accommodated, and determine whether the various accommodations would pose an undue hardship upon the City. After the interactive meeting and review of all available information, the City shall determine if there are reasonable accommodations which can be provided to assist the employee in performing the essential functions of their current job; and, in addition, conduct a review of available positions in the City which can accommodate the work restrictions.

6. Internal Review Procedures: Any employee or job applicant who believes that he or she has been discriminated against on the basis of disability should immediately bring the problem to the attention of the Human Resources Representative or the employee's supervisor. The City of Reedley will investigate and resolve discrimination complaints expeditiously.

B. Anti-Harassment and Anti-Discrimination Policy:

1. Purpose/Objective
The City of Reedley is committed to providing a work environment that is free of unlawful harassment. In furtherance of this commitment, the City strictly prohibits all forms of unlawful harassment, including harassment on the basis of age ( 40 or older), ancestry, color, religious creed (including religious dress and grooming practices), denial of family and medical care leave, disability (mental and physical), including HIV and AIDS, marital status, medical condition ( cancer and genetic characteristics), genetic information, military and veteran status (including Vietnam era veterans), national origin (including language use restrictions), race, sex (including pregnancy, child birth, breastfeeding and medical conditions related to pregnancy), gender, gender identity and gender expression, sexual orientation, or any other protected status in accordance with all applicable federal, state and local laws.

The City of Reedley is also committed to complying with all laws protecting qualified individuals with disabilities, as well as employees' religious beliefs and observances.

This policy extends to all aspects of the City's employment practices, including recruiting, hiring, discipline, termination, promotions, transfers, compensation, benefits, training, leaves of absence, and other terms and conditions of employment.

The City of Reedley will provide a reasonable accommodation for any known physical or mental disability of a qualified individual or for employees' religious beliefs and observances, provided the requested accommodation does not create an undue hardship for the City and does not pose a direct threat to the health or safety of others in the 75 workplace or to the individual. The City will not retaliate or discriminate against a person for requesting an accommodation for his or her disability, regardless of whether the accommodation was granted.

2. Scope
This policy prohibits unlawful discrimination in the workplace and applies to applicants and employees of the City, including supervisors and managers. The company prohibits managers, supervisors and employees from discriminating against or harassing coworkers as well as customers, vendors, suppliers, independent contractors and others doing business with the City from discriminating against or harassing the City's employees.

3. Procedures
a. Examples of prohibited sexual harassment or discrimination Sexual harassment includes a broad spectrum of conduct, including harassment based on sex, gender, gender identity or expression, and sexual orientation.

Examples of unlawful and prohibited behavior include:
• Unwanted sexual advances
• Offering an employment benefit ( such as a raise, promotion or career advancement) in exchange for sexual favors, or threatening an employment detriment (such as termination or demotion) for an employee's failure to engage in sexual activity.
• Visual conduct, such as leering, making sexual gestures, and displaying or posting sexually suggestive objects or pictures, cartoons, or posters. • Verbal sexual advances, propositions, requests or comments. • Sending or posting sexually related messages, videos or messages via text, instant messaging or social media.
• Verbal abuse of a sexual nature, graphic verbal comments about an individual's body, sexually degrading words used to describe an individual, and suggestive or obscene letters, notes, or invitations.
• Physical conduct, such as touching, groping, assault, or blocking movement. • Physical or verbal abuse concerning an individual's gender, gender identity, or gender expression.
• Verbal abuse concerning a person's characteristics such as pitch of voice, facial hair, or the size or shape of a person's body, including remarks that a male is too feminine or a woman is too masculine.
b. Other examples of prohibited harassment or discrimination In addition to the above listed conduct, the City strictly prohibits harassment or discrimination concerning any other protected characteristic. Such prohibited harassment includes:
• Racial or ethnic slurs, epithets, and any other offensive remarks. • Jokes, whether written, verbal, or electronic.
• Threats, intimidation, and other menacing behavior.
• Inappropriate verbal, graphic, or physical conduct.
76 • Sending or posting harassing messages, videos or messages via text, instant messaging, or social media.
• Other harassing or discriminatory conduct based on one or more of the protected categories identified in this policy.

Harassment of the City's customers, clients, vendors, suppliers, independent contractors, or employees of the City's customers, clients, vendors, suppliers, or independent contractors, by the City's employees is also strictly prohibited. Any such harassment will subject an employee to disciplinary action, up to and including termination. Employees who have any questions about what constitutes harassing or discriminatory conduct should contact their supervisor, a human resources representative, the Assistant City Manager, the City Clerk, or the City Manager.

4. Reporting Harassment or Discrimination
If an employee feels that he or she is being harassed or discriminated against in violation of this policy by another employee, supervisor, manager, or third party doing business with the City, the employee should immediately report the violation to:
• Employee's direct supervisor; if the complaint is against the supervisor, the employee may report the complaint to:
• Employee's department director; if the complaint is against the department director, the employee may report the complaint to one of the following:
• Human Resources representative
• Assistant City Manager
• City Manager
• Employee Protection Line 1-800-576-5262 (Organization Number 10087) In addition, if an employee observes harassment or discrimination by another employee, supervisor, manager, or nonemployee, the employee should immediately report the incident to the individuals identified above. Appropriate action will also be taken in response to violation of this policy by any nonemployee.

All supervisors and/or department directors must immediately report complaints of misconduct under this policy to one of the following:
• Human Resources Representative
• Assistant City Manager
• City Manager
All complaints of unlawful harassment or discrimination that are reported to management or to the persons identified above will be investigated as promptly as possible, and corrective action will be taken where warranted. All complaints of unlawful harassment or discrimination that are reported to management or to the persons identified above will be treated with as much confidentiality as possible, consistent with the need to conduct an adequate investigation. Complaints will be investigated by impartial and qualified internal personnel unless external involvement is warranted. The process will be documented and tracked for reasonable progress, and all investigations will be completed timely.

The California Department of Fair Employment and Housing (DFEH) may also investigate and process complaints of harassment or discrimination. Violators are subject 77 to penalties and remedial measures that may include sanctions, fines, injunctions, reinstatement, back pay and damages. The toll free number for the DFEH is (800) 884- 1684.

Employees' notification to the City is essential to enforcing this policy. Employees may be assured that they will not be penalized in any way for reporting a harassment or discrimination problem. It is unlawful for an employer to retaliate against employees who oppose the practices prohibited by the California Fair Employment and Housing Act (PEHA), or who file complaints or otherwise participate in an investigation, proceeding or hearing conducted by the California Department of Fair Employment and Housing (DFEH) or the Fair Employment and Housing Commission (FEHC). Similarly, the City prohibits employees from hindering its internal investigations or its internal complaint procedure.

5. Violations of the policy will result in discipline
Violation of this policy will subject an employee to disciplinary action, up to and including immediate termination. In addition, under California law, employees may be held personally liable for harassing conduct that violates the FEHA.

6. Retaliation prohibited
The City of Reedley prohibits retaliation against those who report, oppose or participate in an investigation of alleged violations of this policy. Participating in an investigation of alleged wrongdoing in the workplace includes:

1. Filing a complaint with a federal or state enforcement or administrative agency

2. Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the City regarding alleged unlawful activity

3. Testifying as a party, witness, or accused regarding alleged unlawful activity

4. Associating with another employee who is engaged in any of these activities

5. Making or filing an internal complaint with the City regarding alleged unlawful activity

6. Providing informal notice to the City regarding alleged unlawful activity The City strictly prohibits any adverse action or retaliation against an employee for participating in an investigation of alleged violation of this policy. If an employee feels that he or she is being retaliated against, the employee should immediately contact a Human Resources representative, the Assistant City Manager, the City Clerk, or the City Manager. In addition, if the employee observes retaliation by another employee, supervisor, manager, or nonemployee, he or she should immediately report the incident to the individuals identified above.

Any employee determined to be responsible for violating this policy will be subject to appropriate disciplinary action, up to and including termination. Moreover, any employee, supervisor or manager who condones or ignores potential violations of this policy will be subject to appropriate disciplinary action, up to and including termination. 78 7. AB 1825 Compliance:

California State law AB 1825, under the California Fair Employment and Housing Commission, mandates all organizations with 50 or more employees provide two hours of sexual harassment training to all supervisors once every two years. The City uses "Training year" tracking where all supervisory employees will be trained, and thereafter must retrain all supervisors by the end of the next "training year", two years after. (For example, supervisors trained in training year 2012 must be retrained in 2014). If sexual harassment training falls on a different year for newly hired or promoted supervisors who receive training within six months of assuming their supervisory position, the City can include the individual in the next group training, even if it is less than two years later.

Documentation of Training: The Human Resources Representative or designee shall keep documentation of the sexual harassment training provided to employees to keep track of compliance. This information must include: name of trained employee, the date of training, the type of training, and the name of the training provider. Records must be kept for a minimum of two years.

Training for New Supervisors: New supervisors must receive sexual harassment training within six months of assuming their supervisory position and thereafter once every two years.

8. AB 1661 Compliance:

California State Law AB1661, (Chapter 816, Article 2.4.5) requires that any member of a local agency legislative body and any elected local agency official that receives any type of compensation, salary or stipend receive at least two hours of sexual harassment prevention training and education within the first six (6) months and every two (2) years thereafter.

Documentation of Training: The Human Resources Representative or designee shall keep documentation of the sexual harassment training provided to members of the local agency legislative body and any elected local agency official to keep track of compliance.

This information must include: name of the member of the local agency legislative body or elected local agency official, the date of training, the type of training, and the name of the training provider. Records must be kept for a minimum of five (5) years.

9. SB 1343 Compliance:

California State Law SB 1343 requires employers with five (5) or more employees to provide two (2) hours of sexual harassment trainings to supervisory employees, and at least one (1) hour of sexual harassment training to nonsupervisory employees by January 1, 2020.

Effective January 1, 2020, SB 1343 also requires that one (1) hour of sexual harassment training and education be provided to each employee once every two (2) years.

Beginning on January 1, 2020, for seasonal and temporary employees, or any employee that is hired to work less than six ( 6) months, an employer shall provide the training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.
79 Such training may be completed by employees individually or as part of a group presentation, and may be completed in shorter segments, as long as the applicable hourly total requirement is met.

C. Substance Abuse Policy
The City and its employees recognize that behavior resulting from the use of alcohol and/or other drugs may detrimentally affect work performance, safety, and public confidence in the City's work force. Such behavior presents risks to other City employees and may also affect the health and welfare of the citizens of the City of Reedley. In recognition of the City's responsibility to maintain a safe, healthful and productive work environment and each employee's responsibility to perform work for the public safely, effectively and efficiently, the City will act to eliminate any substance abuse which could potentially increase the risk of accidents, absenteeism, substandard performance, poor employee morale, or damage to the City's reputation. Substance abuse includes the purchase, use, sale, manufacturing, or possession of legal or illegal drugs, alcohol, or controlled substances which could or does impair an employee's ability to perform his or her job safely, effectively, and efficiently. "Prohibited substance" addressed in this policy includes the following: (i) illegal drugs under state and/or federal law, or any controlled substance taken without a lawful prescription; (ii) lawfully prescribed legal drugs or non-prescription medications that negatively impact the employee's work performance or ability to safely and effectively perform the essential job functions of his or her position; and (iii) alcohol in any form of consumable alcohol (ethyl) in any strength (proof) in any quantity.

The City of Reedley believes that its employees are its most important assets. Thus, a primary objective of the policy is to ensure that the public safety and the welfare of our employees are not endangered as a result of substance abuse. Additionally, the City is committed to providing employees with an opportunity for recovery and rehabilitation, enabling the affected employee to return to a satisfactory performance level.

Under the influence shall be defined as any measurable presence of a prohibited substance, known or unknown, which may bring about physical or mental impairment that is detected when an employee, potential employee, or volunteer undergoes a drug test at any point in the employment relationship or pre-employment process.

It is the City's policy that no employees shall:
a. Report to work under the influence of a prohibited substance; b. Be under the influence of a prohibited substance while on standby; c. Possess a prohibited substance while on the job site or City property except as authorized in the course and scope of duty or as otherwise authorized under this policy; d. Use a prohibited substance while on the job site or City property or while on standby except as authorized in the course and scope of duty or as otherwise authorized under this policy;
e. Sell, distribute or provide a prohibited substance to any employee or to any person while such employees are on duty or subject to being called;
f. Have their ability to work impaired as a result of the use of a prohibited substance; 80 g. Operate City vehicles or other equipment while under the influence of a prohibited substance.

Violations of this policy may be grounds for disciplinary action-up to and including dismissal from City employment.

While use of medically prescribed medication and drugs is not a violation per se of this policy, failure by the employee to notify his/her supervisor before beginning work when taking such medication or drugs, which may interfere with the safe and effective performance of their duties or operations of City equipment, will be considered a violation of this policy.

In the event there is a question regarding the employee's ability to safely and effectively perform the assigned duties while using such medication or drugs, clearance from a qualified physician will be required. Supervisors will be required to fill out a Reasonable Suspicion Assessment Form.
*PLEASE CONTACT A HUMAN RESOURCES REPRESENTATIVE TO OBTAIN A

REASONABLE SUSPICION ASSESSMENT FORM TO REPORT SUSPECTED

SUBSTANCE ABUSE
Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable amount of time until an authorized City representative or law enforcement representative can transport the employee from the work site.

An employee may be required to submit to a drug and/or alcohol test consisting of the compulsory production and submission of breath, urine, or blood for chemical analysis to detect prohibited drug or alcohol usage when his/her Department Head or supervisor, with the agreement of the Human Resources Representative, has reasonable suspicion that the employee has a prohibited presence of drugs or alcohol in his/her system while on duty or subject to duty. Please note that some employees of the City may be subject to more stringent drug testing policies as required by State or Federal law or department policy.

Reasonable suspicion is defined as a belief based upon objective facts sufficient to lead a reasonable, prudent supervisor or Department Head to suspect that an employee has a prohibited presence of drugs, controlled substances, or alcohol in his/her system so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced.

Any Department Head or supervisor requesting an employee to submit to a drug and/or alcohol test shall document in writing the facts constituting reasonable suspicion that the employee in question has a prohibited presence of drugs, controlled substances, or alcohol in his/her system.

Prior to the administration of any drug or alcohol testing, the Department Head or supervisor shall first obtain a completed, signed Consent for Toxicological Tests from the employee who is to be tested Said consent shall provide for the employee's consent in writing to an alcohol or drug test and the release of the test results to the City. Refusal to sign the consent may be considered an insubordinate act resulting in disciplinary proceedings up to and including termination. Disciplinary action up to and including dismissal, may be taken against an employee for positive results from any drug and/or alcohol test or other conduct in violation of this policy.
81 *PLEASE CONTACT A HUMAN RESOURCES REPRESENTATIVE FOR A CONSENT FOR TOXICOLOGICAL TESTS FORM.

Application: This policy applies to all employees and volunteers of the City, and applicants for employment during the pre-employment process as allowed by law. This policy applies to alcohol and to all substances, drugs or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job.

Employee Assistance: The City may refer employees with substance abuse problems to outside agencies who may offer assistance.

D. Workplace Violence Prevention Policy
The City of Reedley is committed to providing a safe work environment that is free of violence and the threat of violence. The top priority in this process is effectively handling critical workplace incidents, especially those dealing with actual or potential violence. a. Violence, or the threat of violence, against or by any employee of the City of Reedley or any other person is unacceptable.
1) Should a non-employee, on City of Reedley property, demonstrate or threaten violent behavior he/she may be subject to criminal prosecution, or 2) Should an employee, during working hours, demonstrate or threaten violent behavior he/she may be subject to disciplinary action, as well as criminal prosecution.
b. The following actions are considered violent acts:
1) Striking, punching, slapping, or assaulting another person. 2) Fighting or challenging another person to fight.
3) Grabbing, pinching, or touching another person in an unwanted way whether sexually or otherwise.
4) Engaging in dangerous, threatening, or unwanted horseplay. 5) Use, or threat of use, of a gun, knife or other weapon of any kind on City of Reedley property, including parking lots, other exterior premises, City of Reedley vehicles, or while engaged in activities for the City of Reedley in other locations, unless such possession or use is a requirement of the job.
6) Threatening harm or harming another person, or any other action or conduct that implies the threat of bodily harm.
c. Any employee who is the victim of any violent threatening or harassing conduct, any witness to such conduct, or anyone receiving a report of such conduct, whether the perpetrator is a City of Reedley employee or a non-employee, shall immediately report the incident to their supervisor or other appropriate person in the chain of command.

Employee should call 911 ifthere is an immediate concern for safety. d. Upon notification a workplace violence incident, the supervisor or Human Resources Designee shall complete a Workplace Violence Incident Log. *PLEASE CONT ACT A

HUMAN RESOURCES REPRESENTATIVE OR THE SAFETY COMMITTEE FOR A WORKPLACE VIOLENCE INCIDENT LOG FORM.
82 e. No one, acting in good faith, who initiates a complaint or reports an incident under this policy will be subject to retaliation or harassment.

E. Lactation Accommodation Policy
The City of Reedley provides a reasonable amount of break time to accommodate an employee's need to express breast milk for the employee's infant child. The City will make a reasonable effort to provide the employee with the use of a room or other location in close proximity to the employee's work area for the employee to express milk in private. Such space will meet the requirements of the California Labor Code including a surface to place a breast pump and personal items, a place to sit, access to electricity, a sink with running water, and a refrigerator for storing breast milk.

An eligible employee shall request break time for lactation purposes. The requested break time should, if possible, be taken concurrently with other scheduled break periods.

Nonexempt employees must clock out for any lactation breaks that do not run concurrently with normally scheduled rest periods. Any such breaks will be unpaid.

The City reserves the right to deny an employee's request for additional lactation breaks if the additional break time will significantly disrupt operations.

5.009 Paid Administrative Leave
In those circumstances wherein the City Manager or department head determines that the nature of an employee's conduct or the charges against the employee are such as to require the employee's immediate removal from the job site, the employee may be placed on Paid Administrative Leave pending an investigation of the situation and/or conduct, until such time as the City Manager deems appropriate to return the employee to service at the job site or a notice of disciplinary action and the effective date of the disciplinary action has been served upon the employee, if applicable.

While the employee remains on Paid Administrative Leave, the City's work rules and policies continue to apply. The employee shall remain available during the employee's scheduled shift and shall be required to respond to calls, emails, or other inquiries from the City, and must be ready and available to return to service during regular work hours.

5.010 Federal Motor Carrier Safety Administration Drug and Alcohol Testing Policy Pursuant to the regulation establishing the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse (Clearinghouse), the City shall conduct Clearinghouse queries as noted below.

Clearinghouse Queries:

Current Employees: The City shall query the Clearinghouse at least once per year for each employee with a commercial driver's license. Each driver must sign a consent form to allow the City to perform the query. If a driver does not sign a consent form, the employee shall be prohibited from performing safety-sensitive duties. If an employee violates the FMCSA's drug and alcohol program regulations, the employee shall be prohibited from performing safety-sensitive duties unless the driver complies with the return-to-duty process set forth at 49 CFR Part 40, Subpart 0.

Prospective Employees: The City shall query the Clearinghouse before allowing a prospective employee to begin operating a commercial motor vehicle. Drivers must sign a consent form to 83 allow the City to perform the query. If a driver does not sign a consent form, the driver shall be prohibited from performing safety-sensitive duties.

Reporting of Drug and Alcohol Program Violations.

The City shall report within three (3) days of learning of the information, a driver's drug and alcohol program violations to the Clearinghouse. The following information shall be reported to the Clearinghouse:
• A verified positive, adulterated, or substituted drug test result; • An alcohol confirmation test with a concentration of 0.04 or higher; • A refusal to submit to a drug or alcohol test;
• An employer's report of actual knowledge, as defined at 49 CFR § 382.107; • On duty alcohol use pursuant to 49 CFR § 382.205;
• Pre-duty alcohol use pursuant to 49 CFR § 382.207;
• Alcohol use following an accident pursuant to 49 CFR § 382.209; • Drug use pursuant to 49 CFR § 382.213;
• A SAP's report of the successful completion of the return-to-duty process; • A negative return-to-duty test; and,
• An employer's report of completion of follow-up testing. 84 Section 6.000

GRIEVANCES
85 SECTION 6.000 -GRIEVANCES

6.001 Purpose
The purpose of this grievance process is to provide all regular employees the opportunity to settle problems arising in the course of their employment in a fair and orderly fashion if such problems cannot be settled informally. It shall not apply to disciplinary actions.

6.002 Application
This process shall apply to regular employees of the City. Grievances may be brought on behalf of an individual or all members affected.

6.003 Time Limits
All time periods specified herein may be extended by written agreement of the grievant and the City Manager.

6.004 Scope
This process may be used whenever an employee believes he/she has been adversely affected by any action taken by his/her supervisor, including but not limited to, violation of City policies/employee group Memorandum of Understanding, and/or discrimination prohibited by law.

6.005 Informal Resolution of Complaints
Before filing a grievance, an employee who has a complaint should attempt to resolve the matter through informal discussion with the appropriate supervisor without undue delay. It is the policy of the City to attempt to resolve complaints at the first stage of complaint. Informal resolution shall not constitute the establishment of a "practice", "past-practice" or a modification or interpretation of a Memorandum of Understanding unless it is in writing and approved by the City Manager and the City Attorney.

6.006 Grievance Review Process
A grievance does not exist until reduced to writing and filed at both the First Level of review and with the City Manager. If at any time in the proceedings it is determined that the grievant is not entitled to use the process or the matter grieved is outside the scope of this process, the grievance shall be returned to the grievant with a written explanation and the proceedings shall be terminated.

A. First Level of Review

1. Within seven (7) calendar days after the occurrence of the act or omission giving rise to the grievance, the grievant must present his/her grievance in writing to his/her immediate supervisor. This statement shall be a clear, concise statement of the grievance, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought.

2. Following the supervisor's review of the grievance, discussion with the employee and consultation with the Department Head, if necessary, the supervisor shall communicate his/her decision to the employee in writing within seven (7) calendar days 86 after receiving the grievance. If the supervisor does not respond within the time limits, the grievant may appeal to the next level. Within the above time limits, either party may request a personal conference. This meeting is a most effective way to discuss and resolve grievances.

B. Second Level of Review

1. In the event the grievant is not satisfied with the decision at Level 1, he/she may appeal the decision in written form to the next highest or intermediate supervisor within seven (7) calendar days from the receipt of the response from Level 1. This statement should include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal.

2. The Division Head shall communicate his/her decision within seven (7) calendar days after receiving the appeal. Either the grievant or the Division Head may request a personal conference within the above limits. If the Division Head does not respond within the time limits, the grievant may appeal to the next level.

C. Third Level of Review

1. In the event the grievant is not satisfied with the decision at the Second Level of review, he/she may appeal the decision in a manner similar to the Second Level of review to the Department Head.

2. The Department Head shall communicate his/her decision within seven (7) calendar days after receiving the appeal. If the Department Head does not respond within the time limits, the grievant may appeal to the next level.

D. Fourth Level of Review

1. If the grievant is not satisfied with the decision at the Third Level, he/she may within seven (7) calendar days appeal the decision in written form to the City Manager or his/her designee. This statement shall include a copy of the original grievance and appeal, the decision rendered, and a clear concise statement of the reasons for the appeal.

2. The City Manager or his designee shall communicate his/her decision to the grievant within seven (7) calendar days, unless agreed otherwise. The City Manager or his/her designee will make final determination of all grievances brought before him/her.

6.007 Representation
The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review.

6.008 Access to Information
At each level of review, the grievant shall have access to all the materials comprising the record of the grievance.

6.009 No Reprisals
No employee will be discriminated against in his/her employment because of the employee's utilization of the Grievance Review Process. Complaints regarding allegations of reprisals should be submitted to the City Manager.
87 6.010 Reconsideration of a Grievance
Once a grievance has been reviewed under this process, it shall not be reopened except by mutual consent of the grievant and the City Manager.
88 Section 7.000

GENERAL EMPLOYMENT

PROVISIONS
89 SECTION 7.000 - GENERAL EMPLOYMENT PROVISIONS

7.001 Yearly Performance Evaluation Process
All regular employees will receive a yearly evaluation from his/her supervisor. Evaluations may be conducted more than once a year if the supervisor feels it is necessary. The City Manager shall review and sign all evaluations before the supervisor distributes them to employees, unless otherwise authorized.

The Performance Evaluation process is a time for open communication between supervisors and employees and will be used for both commendations and disciplinary actions. If an employee disagrees with his/her performance evaluation, he/she may attach a letter or make written comments explaining the disagreement on the evaluation. The employee must still sign the evaluation to acknowledge he/she has seen what was written. The signature does not represent agreement with what the supervisor has written. Supervisors may retain notes all year long to remind them of specific incidents that may have an impact on an employee's evaluation, and have been verbally shared with the employee, as well as the status of his/her performance on an ongoing basis. 7 .002 Residency
Employees are required to notify the Human resources representative within ten business days of moving to a new address so that payroll and benefits information can be kept current. All Fire Department personnel shall reside within twenty minutes driving time, under normal driving conditions, to the Fire Station.

7.003 Personnel Records
Personnel files are subject to prevailing Federal and State laws pertaining to privacy, including, but not limited to, the Peace Officers Bill of Rights (POBAR). The City Manager or his/her designee shall retain records necessary to the proper administration of the personnel system and shall be the custodian of personnel records for the City. Employers cannot waive the privacy rights of their employees. An employee, however, can waive his or her right to privacy in a personnel file or consent to release or disclosure of information. An employee may also request that information be provided to a third party, such as prospective employer or educational institution.

The City Manager's Office must obtain a written release or authorization in which the employee agrees to hold the agency harmless for any disclosure made to the third party.

7.004 Use of Technology
A. Personal Communication Devices (PCD) and City Telephones l. Purpose and Scope. The purpose of this policy is to establish guidelines for the use of City-issued mobile phones and personal communication devices (PCD); the on-duty use of such devices as well as personally owned by and used by personnel for City business; and City telephones.

2. City-Issued PCD. Depending on an employee's assignment and needs of the position, the City may, at its discretion, issue a PCD. Such devices shall remain the sole property 90 of the City and shall be subject to inspection or monitoring (including related records) at any time

3. Individually Owned PCD. Employees may carry their own individually owned PCD while at work subject to the following conditions:
• Carrying an individual owned personal communication device is optional. • The device shall be purchased, used, and maintained at the employee's expense. • Public Records Act disclosures may apply to personal devices if such device is used for City business.

4. Use of Personal Communication Devices and City Telephones. PCDs and City telephones should be used by employees to effectively communicate with other personnel in those situations where the use of a radio is either impractical or not feasible. PCDs may not be used to conduct personal business while at work except when brief personal calls may be warranted by the circumstances ( e.g. inform family of extended hours).

While employees may use individually-owned PCDs for personal business during authorized breaks, such usage should be limited as much as practical to areas where the call will not be seen or heard by members of the public.

While the use of City-issued PCDs and personally-owned PCDs at work is limited to official business only, it is recognized that circumstances may occasionally warrant brief personal communications on such devices. An employee who participates in extended or frequent use of City-issued PCDs or personally-owned PCDs while at work for personal use may be subject to discipline and may be responsible for reimbursing the City for any charges incurred as a result of personal use.

5. Use While Driving. The use of a PCD while driving can cause unnecessary distractions and presents a negative image to the public. Employees operating emergency vehicles should restrict the use of these devices while driving to matters of an urgent nature and should, where practical, stop the vehicle at an appropriate location to complete their call. Employees who are operating non-emergency vehicles shall not use cellular phones or other personal communication devices while driving (Vehicle Code 23123 (a)), unless a "hands free" device is used that is legally acceptable under State law.

B. Electronic Mail

1. Purpose and Scope. The purpose of this policy is to establish guidelines for the proper use and application of electronic mail ( e-mail) by City employees. E-mail is a communication tool available to employees to enhance efficiency in job performance and is to be used in accordance with generally accepted business practices and current law (e.g., California Public Records Act.) Messages transmitted over the e-mail system must only be for official business activity or contain information essential to employees for the accomplishment of business-related tasks and/or communication directly related to the business, administration, or practices of the City.

2. E-mail Right of Privacy. All e-mail messages transmitted over the computer network are considered City records and, therefore, are the property of the City. The City reserves the right to access, audit, and disclose, for whatever reason, all messages transmitted over its e-mail system or placed into its storage. 91 The e-mail system is not a confidential system since all communication transmitted on the system is considered City property. Therefore, the e-mail system is not appropriate for confidential communications. If a communication must be private, an alternative method to communicate the message should be used instead of e-mail. Employees using the City's e-mail system shall have no expectation of privacy concerning communications in the system.

3. Prohibited Use of E-mail. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing, and/or any other inappropriate messages on the e-mail system is prohibited and will not be tolerated. E-mail messages addressed to an entire department or the City are only to be used for official business-related items that are of particular interest to all users and must be approved by the Department Head or the City Manager.

It is a violation of this policy to transmit a message under another user's name. Users are strongly encouraged to log off the network when their computer is unattended. This added security measure would prevent the misuse of an individual's e-mail, name, and/or password by others.

C. Computer Use
l. Purpose and Scope. This policy describes City usage of computers, software, and systems.

2. System Inspection or Review. An employee's supervisor/Department Head has the express authority to inspect or review the system, any and all temporary or permanent files and related electronic systems or devices, and any contents thereof when such inspection or review is based on cause or is in the ordinary course of his/her supervisory duties.

When requested by an employee's supervisor, or during the course of regular duties requiring such information, a member of the City's information systems staff may extract, download, or otherwise obtain any and all temporary or permanent files residing or located in or on the system.

Reasons for inspection or review may include, but are not limited to the following:
system malfunctions; problems or general system failure; a lawsuit against the City involving the employee; or related to the employee's duties; an alleged or suspected violation of City and/or department policy; or a need to perform or provide a service when the employee is unavailable.

3. City Property. All information, data, documents and other entries initiated and/or saved on any of the City's computers, servers, or cloud storage, whether downloaded or transferred from the original City computer, shall remain the exclusive property of the City and shall not be available for personal or non-city use without the expressed authorization of an employee's Supervisor/Department Head.

4. Unauthorized Duplication of Software. Employees shall not copy or duplicate any copyrighted and/or licensed software except for a single copy for back up purposes. To reduce the risk of personal computer virus infection, employees are not permitted to install personal copies of any software onto the City's computer. If an employee must 92 copy data onto a disk and download it on a non-city computer, the employee shall scan the disk for viruses before reloading the data onto a City computer system.

No employee shall knowingly make, acquire, or use unauthorized copies of computer software not licensed to the City while on City premises or on a City computer system.

Civil damages and criminal penalties, including fines and imprisonment, may result from such activity

5. Internet Use. Internet access provided by the City shall be limited to City-related business activities. However, employees may use the Internet for personal use during meal and break periods, provided the usage does not disrupt City business activity. Internet sites containing information that is not appropriate or applicable to City use and which shall not be intentionally accessed include, but are not limited to, adult forums, pornography, chat rooms and similar or related websites. Certain exceptions may be permitted with the approval of a supervisor if relevant to a work assignment.

Downloaded information shall be limited to messages, mail, and data files. No copyrighted and/or unlicensed software program files may be downloaded. Employees shall report any unauthorized access to the system or suspected intrusion from outside sources (including the Internet) to a supervisor.

6. Protection of City Systems and Files. All employees have a duty to protect the City's system and related systems and devices from physical and/or environmental damage.

They are responsible for correctly using, operating, caring for, and maintaining the system. It is expressly prohibited for an employee to allow unauthorized users to access the system at any time or for any reason.

D. City Social Media

1. General. This Section establishes guidelines for the establishment and use of City Social Media sites as a means of conveying information to members of the public.

The intended purpose of City Social Media sites is to disseminate information from the City about the City's mission, meetings, activities, and current issues to members of the public. The City has an overriding interest and expectation in safeguarding the integrity of the information posted on its City Social Media sites and the content that is attributed to the City and its officials for the protection of the public health, safety and welfare of the community.

2. Definition of Social Media. Content created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the internet.

Examples of Social Media covered by this policy include, but are not limited to, Facebook, Twitter, Nextdoor, Instagram, Snapchat, Blogs, RSS, YouTube, Linkedin, Delicious, and Flickr. City Social Media site(s) means Social Media which the City establishes and has proprietary rights to control.

3. Requirements.
• All content on City Social Media sites shall be reviewed, approved, and administered by the City Manager, Department Head or Social Media designee. • Social Media sites shall bear the name and/or official logo of the City and, where applicable, of the Department represented.
93 • The City's official website will remain the City's primary means of internet communication. City Social Media shall supplement, and not replace, the City's required notices and standard methods of communication. • Approved City Social Media sites shall be managed consistent with the Brown Act. Members of the City Council, Commissions and/or Boards shall not use a City Social Media site to engage in serial meetings. Members of the City Council, Commissions and/or Boards are expected to use good judgment when using personal Social Media so that statements of personal opinion are not misinterpreted as official City policy.
• City employees and those serving in paid positions are expected to use good judgment when using personal Social Media so that statements of personal opinion are not misinterpreted as official City policy. Disclosure of confidential, sensitive or proprietary information may result in disciplinary actions, up to and including termination.

4. Use Policy. The use of City Social Media shall be subject to the following:
• The content of City Social Media sites shall only pertain to City-sponsored or City-endorsed programs, services, and events. Content includes, but is not limited to, information, photographs, videos, and hyperlinks. • Any employee authorized to post items on any of the City's Social Media sites shall not express his or her own personal views or concerns through such postings. Instead, postings on any of the City's Social Media sites by an authorized City employee shall only reflect the views of the City. • Postings must contain information that is freely available to the public and shall not be confidential, sensitive or proprietary as defined by any City policy or state or federal law.
• Postings to City Social Media sites shall NOT contain any of the following:
• Comments that are not topically related to the particular posting being commented upon
• Comments in support of, or opposition to, political campaigns, candidates or ballot measures
• Profane language or content
• Making or publishing false, vicious, or malicious statements concerning any employee, the City or its operations
• Violent or threatening content
• Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, or status with regard to public assistance, national origin, physical or mental disability or sexual orientation, as well as any other category protected by federal, state, or local laws
• Sexual content or links to sexual content
94 • Sexual harassment content
• Solicitations of commerce or advertisements including promotion or endorsement
• Conduct or encouragement of illegal activity
• Information that may tend to compromise the safety or security of the public, public facilities, services, or public systems
• Information that may interfere with or compromise an active investigation conducted by public officials and/or law enforcement agencies • Content that violates a legal ownership interest of any other party • Advocation for alteration of hours, wages, and terms and conditions of employment ( employees only)
The City reserves the right to monitor and control or terminate City Social Media sites at any or all times without notice; including, but not limited to, removing or blocking sites or postings that violate the policy as listed above.

The restrictions and prohibitions of this Policy shall be displayed to users or made available by hyperlink with the following disclaimers:
• "City Social Media sites may contain content, including but not limited to, advertisements or hyperlinks over which the City has no control. The City does not endorse any hyperlink or advertisement placed on City Social Media sites by the social media site's owners, vendors, or partners." • "The City reserves the right to change, modify, or amend all or part of this policy at any time."
• "The City reserves the right to terminate any City Social Media site at any time without notice."
E. Etiquette Rules
The following rules apply to the use of City Technology Resources and the use of Personal Technology Resources while conducting City business.

1. Definitions. For the purposes of this Policy, unless otherwise specified, the following definitions apply:
• City Technology Resources. A Technology Resource, including but not limited to a City-Issued PCD, acquired and owned by the City, regardless of who uses or is provided that resource.
• Personal Technology Resources. A Technology Resource, including but not limited to an Individually-owned PCD, acquired and owned by an individual.

The receipt of a City stipend towards the use of a cell phone or other electronic device does not change the ownership of the device.

2. Generally Accepted Standards. Users must follow generally accepted business practices and current laws regarding the use of e-mail, the Internet, and other online 95 services. Users must avoid uses that reflect poorly on their Department, the City, or government in general.

3. City Representation. The public may perceive a User's postings and e-mail as official City policy. When using e-mail, the Internet, and other on-line services provided by the City, Users should remember that they represent the City. Users shall avoid making statements of personal opinion that may be misinterpreted as official City policy. Users must recognize that anything they put in writing may become a public record, regardless of the original intent of the message.

4. Relationship With Others. Users must respect the rights of other Users and the Public. Users shall not use City Technology Resources or Personal Technology Resources to invade the privacy of another person, ascertain confidential information, or abuse or harass another person.

5. Ethical Rules and Regulations. Rules, regulations, guidelines, and case law on ethical behavior of government employees and officials; and the appropriate use of government resources apply to the use of City Technology Resources or Personal Technology Resources when conducting City business.

F. Technology Resource Rights
User or Users are individual(s) whether full or part-time, active or inactive, including, but not limited to employees, interns, volunteers, contractors, consultants, vendors, agents, elected or appointed officials, etc. who have been given access to and granted permission(s) to use City Technology Resources.

The City has sole discretion to determine appropriate use and may deny, revoke, suspend, or close any User account at any time without notice. The City reserves the right, at any time, for any reason or no reason and without notice, to revoke a User's permission to access, use, or possess City Technology Resources.

The City reserves the right, at any time, for any reason or no reason and without notice, to limit the manner in which a User may use City Technology Resources in addition to the terms and restrictions already contained in this Policy.

The Technology Users Agreement required by this Policy shall be signed prior to all new employees, volunteers, contractors, elected or appointed officials, agents, vendors, or other Users utilizing City Technology Resources. Employees, volunteers, contractors, elected or appointed officials, agents, vendors, or other Users currently using City Technology Resources (Users who currently have a login and password) will be required to sign the Agreement within fifteen (15) days of receipt of this Policy or risk the loss of access and City Technology Resources privileges.

G. California Public Records Act And Searching Devices And Accounts For Disclosable Records.

The California Public Records Act Request ("CPRA") (Government Code section 6250, et seq.) is a law that requires inspection and/or disclosure of governmental records to the public upon request. E-mails sent by Users, unless otherwise exempt by law, are subject to inspection and disclosure under the CPRA to any person making such a request.

Furthermore, e-mails may also be subject to discovery and disclosu_re as a result of 96 pending litigation involving the City, the City's Employees and elected or appointed officers or officials.

Employees and Users using Personal Technology Resources to send or receive communications constituting City-related business may be required to search their Personal Technology Resources for potentially disclosable records pursuant to a request made under the CPRA. Communications constituting City-related business are those communications that relate in a substantive way to the conduct of the City's business.

Communications that are primarily personal in nature or that contain no more than incidental mentions of the City's business may not constitute City-related business communications.

Searches of Personal Technology Resources by an employee shall be conducted during the employee's regular work hours and as otherwise directed by the employee's supervisor.

The City Clerk or designee shall promptly notify an employee or User of the City's receipt of a CPRA request that may implicate City records located on the employee's or User's Personal Technology Resources and shall provide the employee or User with instructions for conducting such searches that identify the specific type and nature of records for which the employee or User is required to reasonably search and collect, as well as the specific type and nature of records that may be withheld because they are not City-related business.

7.005 Administrative Policies
The City Manager or a designated Department Head may issue administrative policies regarding employee conduct and procedures not in conflict with these Personnel Policies and Procedures.

The purpose of these policies is to supplement and/or clarify the policies and procedures contained in the Personnel Policies and Procedures manual. Violations of Administrative Policies may be grounds for disciplinary action.
7 .006 Outside/Secondary Employment.

A. Purpose and Scope. In order to ensure actual or perceived conflicts of interest for City employees engaging in outside or secondary employment are avoided, all employees shall obtain written approval from the City Manager prior to engaging in any outside employment.

Approval of outside employment shall be at the discretion of the City Manager and in accordance with the provisions of this policy.

B. Obtaining Approval. No full time employee of the City may engage in any outside employment without first obtaining prior written approval from the City Manager. Failure to obtain prior written approval for outside employment or engaging in any outside employment prohibited by this policy may lead to disciplinary action.

In order to obtain approval for outside employment, the employee shall prepare a written, outside employment request stating the reasons for such request. These reasons shall then be submitted to the employee's immediate supervisor. The request will then be forwarded to the City Manager for consideration.
97 If approved, the employee will be provided with a copy of the approved request. Unless otherwise indicated in writing on the approved request, it will be valid through the end of the calendar year in which the request is approved. An employee seeking to renew a request shall submit a new written request for outside employment in a timely manner.

Any employee seeking approval of outside employment whose request has been denied, shall be provided with a reason for the denial of the request at the time of the denial. (Penal Code § 70(e) (3)).

C. Appeal of Denial of Outside Employment. If an employee's written request for outside employment is denied or withdrawn by the City, the employee may file a written Notice of Appeal to the City Manager within ten (10) days of the date of denial. The City Manager will make final determination of all appeals brought before him/her and communicate his/her decision to the employee within seven (7) days, unless agreed otherwise.

D. Revocation/Suspension of Approved Outside Employment Request. Any outside employment requests may be revoked or suspended under the following circumstances:

1. Should an employee's performance decline to a point where it is evaluated by a supervisor as "needing improvement" to reach an overall level of competency, the City Manager may, at his or her discretion, revoke any previously approved outside employment requests. That revocation will stand until the employee's performance has been reestablished at a "satisfactory" level or better, as determined by his/her supervisor.

2. Suspension or revocation of a previously approved outside employment request may be included as a term or condition of sustained discipline.

3. If, at any time during the term of an approved outside employment request, an employee's conduct or outside employment conflicts with the provisions of City policy, the approved request may be suspended or revoked.

4. When an employee is unable to perform at a "full duty" capacity due to an injury or other condition, any previously approved outside employment request may be rescinded until the employee has returned to a full duty status.

E. Prohibited Outside Employment. Consistent with the provisions of Government Code § 1126, the City expressly reserves the right to deny any outside employment request submitted by an employee seeking to engage in any activity which:

1. Involves the employee's use of City time, facilities, equipment or supplies, prestige or influence for private gain or advantage.

2. Involves the employee's receipt or acceptance of any money or other consideration from anyone other than this City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of employment or as a part of the employee's duties as an employee of the City.

3. Involves the performance of an act, in other than the employee's capacity, as an employee of the City that may later be subject, directly or indirectly, to the control, inspection, review, audit or enforcement of any other City employee. 98 4. Involves time demands which would render an employee's performance less efficient for the City.

F. City Resources. Employees are prohibited from using any City equipment or resources in the course of or for the benefit of any outside employment. This shall include the prohibition of access to official records or databases of the City or other agencies through the use of the employee's position with the City.

G. Changes in Outside Employment Status. If an employee '-terminates his or her outside employment during the period of an approved valid request, the employee shall promptly submit written notification of such termination to the City Manager and Human Resources. Human Resources tracks outside employment, sends renewal reminders, and follows up on the status of outside employment forms. A subsequent request for renewal or continued outside employment must, thereafter, be processed and approved through regular procedures set forth in this policy. Employees shall also promptly submit any material changes in outside employment, including any change in the number of hours, type of duties, or demands of any approved outside employment, in writing to the City Manager. Employees who are uncertain of whether a change in outside employment is material are advised to report the change.

7.007 Vehicle Use
All vehicles-whether owned by the City of Reedley, a rental car agency, or a City of Reedley employee-used for City business shall be subject to this policy. This policy may be amended at the direction of the City Manager. Amendments shall become effective immediately upon their approval unless otherwise noted, and shall be included in these Personnel Policies and Procedures.

Situations may occur in which strict application of this policy may be either operationally or economically inefficient or inappropriate. The City Manager and Department Heads shall exercise discretion in taking exception to this policy, but shall have the ability to do so as they deem appropriate. The following provisions shall apply to use of any motor vehicle for City business:

1. The City shall maintain safe, reliable, and economical transportation as required for City employees to conduct City business.

2. No City employee, under any circumstances, will operate a City vehicle on a public roadway without being in possession of a valid California Driver's License. It shall be the Department Head's responsibility to verify the current status of the California Driver's License on each potential driver of a City vehicle.

3. City vehicles shall only be used for City-related business unless otherwise authorized by the City Manager or Department Head.

4. Each City employee who is assigned a City vehicle is responsible for keeping it clean and ensuring that routine maintenance and safety checks are conducted on the vehicle in a timely fashion at the City's expense.

5. City-owned and privately owned vehicles used for City business shall be operated in a manner consistent with all safety and legal requirements of the City of Reedley and the State of California.

6. The driver of a motor vehicle used for City business should verify that the vehicle is in good operating condition before embarking on a trip.
99 7. Costs of repairing damage to City vehicles resulting from willful misconduct or gross negligence by the employee having custody of the vehicle at the time of the damage may be recoverable from the employee at the option of the City.

8. Damage sustained to a personal vehicle while being used for City business may be the responsibility of the employer/owner.

9. City owned vehicles shall not be used to transport any passengers other than authorized City employees on official City business or persons directly related to the official City business being conducted (i.e. speakers, consultants, contractors, other conference attendees, etc.) with the following exceptions:
• Incidental transporting of children to and from child care or school while driving to and from the workplace;
• Transportation of a person or persons in the event of an accident or other emergency; • Incidental transporting of others in a public safety vehicle while responding to an incident from off-duty status.
7 .008 Sensitive Information Policy
The risk to the City, its employees and customers from data loss and identity theft is of significant concern, and can only be reduced through the combined efforts of every employee. The purpose of this sensitive information policy to help protect employees, customers, contractors and the City from damages related to the loss or misuse of sensitive information. This policy will define sensitive information, describe the physical security of data when it is printed on paper, and describe the electronic security of data when stored and distributed.

Putting the Identity Theft Prevention Program in place enables the City to protect existing customers, reduce risks of identity fraud and minimize potential damage to the City from fraudulent new accounts. The program will help the City:
• Identify risks that signify potentially fraudulent activity within new or existing covered accounts.
• Detect risks when they occur in covered accounts.
• Respond to risks to determine if fraudulent activity has occurred and act of fraud has been attempted or committed.
• Update the program periodically and review its covered and at-risk accounts.

This policy and protection program applies to all employees, contractors, consultants, temporary workers, and personnel affiliated with third parties. Any employee found to have violated this policy may be subject to disciplinary action up to, and including, termination of employment.

Management will have the responsibility to adopt, implement and enforce this policy and ensure that it is followed by employees and contractors. Additional responsibilities regarding the operation of the Identity Theft Prevention Program may be outlined above or as listed in additional written guidance.

A. Definition of Sensitive Information: Sensitive information, whether electronically stored or printed out, is personal material including, but not limited to, the following items:
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1. Credit Card Information, including Credit Card Number (in part or whole), Credit Card Expiration Date, Cardholder Name, or Cardholder Address

2. Tax Identification Numbers, including: Social Security Number, Social Insurance Number, Business Identification Number and Employer Identification Numbers.

3. Payroll information, including, among other information, paychecks, pay stubs, and pay rates unless otherwise reportable under State compensation reports and PRA requests.

4. Cafeteria Plan Check Requests and associated paperwork.

5. Medical Information for any Employees or Customers, including but not limited to doctors names, insurance claims, prescriptions, and any related personal medical information.

6. Other Personal Information belonging to customers, employees and contractors, examples of which include: date of birth, address, phone numbers, maiden name, names, or customer numbers.

B. City Information: Sensitive City information may be subject to disclosure under the California Public Records Act, but accidental or careless disclosure of this information should never occur. City personnel are encouraged to use common sense judgment in securing the City's confidential information to the proper extent. If any employee is uncertain of the sensitivity of a particular piece of information, he/she should contact his/her supervisor/manager or the City Manager. Examples of such information includes, but is not limited to:

1. City, employee, customer, vendor, supplier confidential, proprietary information or trade secrets.

2. Proprietary and/or confidential information, among other things, includes: business methods, customer utilization information, retention information, computer codes, screens, forms, information about or received from the City's current, former, and prospective customers or suppliers, or any other non-public information. Proprietary and/or confidential information may also include the name and identity of any customer or vendor and the specifics of any relationship between and among them and the City.

3. Any document marked "Confidential," "Sensitive," "Proprietary," or any document similarly labeled.

C. Hard Copy Distribution: Every employee and contractor performing work for the City will comply with the following policies:

1. File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with sensitive information will be locked when not in use.

2. Storage rooms containing documents with sensitive information and record retention areas will be locked at the end of each workday.

3. Desks, workstations, work areas, printers and fax machines, and common shared work areas will be cleared of all documents containing sensitive information when not in use.

4. Whiteboards, dry-erase boards, writing tablets, etc. in common shared work areas will be erased, removed, or shredded when not in use.
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5. When documents containing sensitive information are discarded they will be placed inside a locked shred bin or immediately shredded using a mechanical cross cut or Department of Defense (DOD) approved shredding device. Locked shred bins are labeled "confidential paper shredding and recycling." If you need any assistance in locating one of these bins, please contact a supervisor/manager.

D. Electronic Distribution: Every employee and contractor performing work for the City will comply with the following policies:

1. Internally, sensitive information may be transmitted using approved City e-mail. All sensitive information must be encrypted when stored in an electronic format.

2. Any sensitive information sent external must be encrypted and password protected and only to approved recipients. Additionally, a statement like the following should be included at the end of the email:

Advisement: *Please note that certain email sent to this electronic address may be subject to public disclosure under California law. Discretion in matters sent via email is advised. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy, disclose, or distribute this message (or any information contained in or attached to it) to anyone. You may be subject to civil action and/or criminal penalties for violation of this restriction. If you received this transmission in error, please notify the sender by reply e-mail or by telephone at (559) 637-4200 and delete the transmission. Thank you
7 .009 Additional Identity Theft Prevention Program
If the City maintains certain covered accounts pursuant to Federal legislation, the City may include the additional program details. The Red Flags specified herein may be tailored to the specific City's needs.

A. Covered Accounts: Every new and existing customer account that meets the following criteria is covered by this program.

1. Business, personal and household accounts for which there is a reasonably foreseeable risk of identity theft.

2. Business, personal and household accounts for which there is a reasonably foreseeable risk to the safety and/or soundness of the City from identity theft, including financial, operational, compliance, reputation, or litigation risks.

B. Red Flags: The following "Red Flags" are potential indicators of fraud. Anytime a Red Flag, or situation closely resembling a Red Flag, is apparent, it should be investigated for verification, as follows:

1. Alerts, Notifications or Warnings from a Consumer Reporting Agency • A fraud or active duty alert is included with a consumer report. • A consumer reporting agency provides a notice of credit freeze in response to a request for a consumer report.
• A consumer reporting agency provides a notice of address discrepancy. • A consumer report indicates a pattern of activity that is inconsistent with the history and usual pattern of activity of an applicant or customer, such as a recent and 102
significant increase in the volume of inquiries or an unusual number of recently established credit relationships.
• A material change in the use of credit, especially with respect to recently established credit relationships
• An account that was closed for cause or identified for abuse of account privileges by the City.

2. Suspicious Documents
• Documents provided for identification that appear to have been altered or forged. • The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification. • Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.
• Other information on the identification is not consistent with readily accessible information that is on file with the financial institution or creditor, such as a signature card or a recent check.
• An application that appears to have been altered or forged, or that gives the appearance of having been destroyed and reassembled.

3. Suspicious Personal Identifying Information
• Personal identifying information provided that is inconsistent when compared with external information sources used by the financial institution or creditor. For example the address does not match any address in the consumer report, the Social Security Number (SSN) has not been issued, or is listed on the Social Security Administration's Death Master File.
• Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth. • Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the City. For example, the address on an application is the same as the address provided on a fraudulent application.
• Personal identifying information provided is commonly associated with fraudulent activity-as indicated by internal or third-party sources used by the City. For example, the address on an application is fictitious, a mail drop, or prison; or the phone number is invalid, or is associated with a pager or answering service. • The SSN provided is the same as that submitted by other persons opening an account or other customers.
• The address or telephone number provided is the same as or similar to the address or telephone number submitted by an unusually large number of other persons opening accounts or other customers.
• The person opening the covered account or the customer fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete.
• The personal identifying information provided is not consistent with personal 103
identifying information that is on file with the City.
• If the City uses challenge questions, the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.

4. Unusual Use of, or Suspicious Activity Related to, the Covered Account • A covered account is used in a manner that is not consistent with established patterns of activity on the account. For example:

Nonpayment when there is no history of late or missed payments: A material increase in the use of available credit.

A material change in purchasing or spending patterns in connection with a deposit account.

A material change in telephone call patterns in connection with a cellular phone account.
• A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors).
• Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer's covered account.
• The City is notified of unauthorized charges or transactions in connection with a customer's covered account.
• Notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts held by the City.
• The City is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft.

5. Responding to Red Flags
Once potentially fraudulent activity is detected, it is essential to act quickly-as a rapid, appropriate response can protect customers and the City from damages and loss. Once potentially fraudulent activity is detected, father all related documentation and write a description of the situation. Then, take this information and present it to the designated authority for determination. The designated program representative will complete additional authentication to determine whether the attempted transaction was fraudulent or authentic. If a transaction is determined to be fraudulent, appropriate actions must be taken immediately. Actions may include:

Cancelling the transaction
Notifying and cooperating with appropriate law enforcement Determining the extent of liability to the City.

Notifying the actual customer that fraud has been attempted C. Periodic Updates to Plan: At periodic intervals established in the program, or as required, the program will be re-evaluated to determine whether all aspects of the program are up to date and applicable in the current business environment. Periodic reviews will include an 104
assessment of which accounts are covered by the program. As part of the review, Red Flags may be revised, replaced, or eliminated. New Red Flags may also be appropriate. Actions to take in the event that fraudulent activity is discovered may also require revisions to reduce damages to the City and its customers
D. Staff Training: Staff training shall be conducted for all employees and contractors for whom it is reasonably foreseeable that they may come into contact with accounts or Personally Identifiable Information which may constitute a risk to the City or its customers. Staff members shall continue to receive training, as required, as changes to the program are made to ensure maximum effectiveness of the program.

E. Oversight of Service Provider Arrangements: It is the City's responsibility to ensure that the activities of all outside service Providers are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. An outside Service Provider that maintains its own Identify Theft Prevention Program, consistent with the guidance of the Red Flag Rules and validated by appropriate due diligence, may be considered to be meeting these requirements. Any specific requirements should be specifically addressed in the appropriate contract arrangements.

7.010 Right to Search Property
The City reserves the right for department heads or supervisors, within their span of control, unless otherwise authorized by the City Manager, to search, without employee consent, all areas and property in which the City maintains control or joint control with the employee, such as desks, file cabinets, City vehicles, etc. Areas such as lockers assigned exclusively for the employee's personal use shall only be searched when there is probable cause.

A. Pursuant to Government Code Section 3309 - No public safety officer shall have his or her locker, or other space for storage that may be assigned to him or her searched except in his or her presence, or with his or her consent, or unless a valid search warrant has been obtained or where he or she has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. 105

REEDLEY CITY COUNCIL
DATE: April 26, 2022
~ Consent
D Regular Item
D Workshop
D ClosedSession
D Public Hearing
ITEM NO: \0 ----
TITLE: ADOPT RESOLUTION NO. 2022-038 ESTABLISHING THE FISCAL YEAR 2022-23 RATES FOR COMMUNITY FACILITY DISTRICT 2005-01, MAINTAINING RATES AT

CURRENT LEVELS, AND SETTING DEPARTMENT ALLOCATIONS
SUBMITTED: Paul A. Melikian, Assistant City Manager ~
APPROVED: Nicole R. Zieba, City Manager

RECOMMENDATION
That the City Council adopt Resolution No. 2022-038 establishing the FY 2022-23 annual tax amount for properties within the Reedley Community Facilities District No. 2005-1. Staff recommends that the current tax rate be left unchanged from the current tax rate instead of the maximum allowable rate, and to allocate the funds for the 2022-23 fiscal year atthe existing 15% for Fire, 74% for Police, 9% for Parks, and 2% for Administration costs. This is the fifth consecutive year that no increase to the tax rate is recommended by staff.

Although no increase is requested this year, ongoing significant price inflation is beginning to adversely impact the cost of providing police, fire and parks maintenance services to properties in the district. If inflation persists at the existing levels, staff will likely recommend an inflationary adjustment next year.

BACKGROUND
The Mello-Roos Community Facilities Act of 1982, allows a City to establish a Community Facilities District (CFO) to finance a variety of services. The Reedley Community Facilities District 2005-1 was established in 2005 to finance operational expenses associated with public safety (poiice and fire) and park maintenance. Services provided within the CFO area do not supplant General Fund activities which are established at a baseline historic spending level using 2005-06 appropriation levels.

RATES
In May 2021, the City Council last set the maximum tax rate for Reedley Community Facilities District No. 2005-1 in accordance with the procedures for establishing rates in the enacting resolution. Each year, the City Council must review the percentage change in the Consumer Price Index for San Francisco-Oakland-Hayward area, and adopt the upcoming year's tax rates . The CPI change over the last 12 months was 3.21 %, however no increase to rates is proposed for the 2022-23 fiscal year. Per Council Resolution No. 2005-109, the proposed fees are brought forth each year for consideration of two items: 1) setting the annual CFO tax amount for the upcoming fiscal year and 2) establishment of the allocation of revenue to City Departments for the upcoming fiscal year. The following table summarizes the current tax rate for FY 2021-22 and the proposed tax rate based on no recommended change to the tax rate. If a lower tax rate is considered, it must be universally applied to each building type category within the CFO.

Current Adopted Proposed Rate
Building Type Rate (No Change)
Single Family Home $963.00 per unit $963.00 per unit
Multi-Family Residential $717.00 per unit $717.00 per unit Affordable Housing $486.00 per unit $486.00 per unit
Non-Residential $0.26 per square foot $0.26 per square foot Infill Non-Residential $0.13 per square foot $0.13 per square foot Undeveloped $782.00 per acre $782.00 per acre
Under existing Council policy, each year as properties develop, they are annexed into the district. For FY 2022-23, it is anticipated that the District will serve 48 units from the property owner of parcel 370- 020-078, which has a legal settlement with the City, 570 single family homes, 233 affordable/multi-family units, commercial or non-residential properties totaling 460,510 square feet and 201.36 acres of vacant land. If additional properties develop, they will also be served, however the City will not collect fees until the following tax year. The projected FY 2022-23 revenue is $949,315.38 based on no recommended change to current tax rates.

Although the fee may be set by the City Council at any amount as long as it is applied uniformly, staff recommends that the fee remain (be set) at the current fiscal year tax rates, which is unchanged from the 2017-18 tax rates , instead of the maximum allowable rate. The recommendation is based on the anticipated costs to provide services to the CFO areas, which includes those incremental cost increases for personnel costs and those that vendors pass to the City. According to the attached memos covering Police, Fire, Public Works, and Administration services, the anticipated costs to service the CFO area are $777,105, $192,074, $73,232, and $18,000 respectively, for a total of $1,060,411. The amounts collected at the current year's (proposed) rate do not fully cover the costs to provide services. The anticipated difference of $111,096 not including prior year CFO activity, will come from the General Fund; therefore, setting the rate at less than the current fiscal year tax rates will further impact the General Fund budget for next fiscal year.

The maximum special tax rates are to be increased every year by CPI in accordance with the Rate and Method of Apportionment that established the CFO. The City has not increased rates since the FY 2018- 19 tax year even though estimated expenditures of providing public services to the CFO have continued to grow and outpaced the estimated revenue every year since inception of the special district. This funding deficit has required an annual subsidy offset from the City's General Fund. For the FY 2022-23 year, should Category I properties in the CFO (all properties except undeveloped land) be levied at the maximum special tax rates, the remaining funding deficit to service the CFO would be more than the estimated revenue from a maximum assessment on parcels of Category II properties (undeveloped land). In other words, if CFO tax rates were increased to their maximum allowable levels for next year, the General Fund would still have to offset the funding deficit from CFO assessment revenue to cover the cost of providing police, fire and parks maintenance services.

ALLOCATIONS
The Special Tax Report establishing the CFO identified the use of CFO funds at a specific allocation amount for each service. The City Council has the annual discretion to change the amount based upon budgetary needs and requirements . The following table summarizes the prior years and proposed allocation for next year, which remains unchanged from the last six fiscal years.