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 9, 2024
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 held in person and may be observed remotely via Zoom or at:
http://www.reedley.com/livestream.php.
Public comment may be made in person or submitted in writing. Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day 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.
Matthew Tuttle, Mayor Pro Tern
Mary Fast, Council Member
Anita Betancourt, Mayor
Suzanne Byers, Council Member
Scott Friesen, Council Member
MEETING CALLED TO ORDER
INVOCATION- Lay Leader Amanda Bulls-Stephens, Reedley First United Methodist Church
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PUBLIC COMMENT - Provides an opportunity (or 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 (10) minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opportunity 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. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 1-12)
1. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 26, 2024 - (City Clerk)
Staff Recommendation: Approve
2. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO.4
TO COOPERATIVE AGREEMENT TO ESTABLISH PROGRAM ELIGIBILITY AND
FUNDING REQUIREMENTS WITH THE FRESNO COUNTY TRANSPORTATION AUTHORITY UNDER MEASURE "C" REGIONAL PUBLIC TRANSIT PROGRAM: NEW
TECHNOLOGY RESERVE SUB PROGRAM FOR THE SUSTAINABLE AVIATION PROJECT-(Administrative Services)
Staff Recommendation: Approve
3. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A LETTER OF ENGAGEMENT WITH BRYANT L. JOLLEY CERTIFIED PUBLIC ACCOUNTANTS FOR CONTINUATION OF PROFESSIONAL AUDIT SERVICES-(Administrative Services) Staff Recommendation: Approve
4. APPROVE AND AUTHORIZE CITY MANAGER TO SIGN THE SPECIAL EVENT
FACILITY USE AGREEMENT WITH CLOVIS RADIO CONTROL HELICOPTER CLUB- (Community Services)
Staff Recommendation: Approve
5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A FIVE-YEAR
AGREEMENT WITH C&S COMPANIES FOR AIRPORT CONSULTANT SERVICES- (Community Services)
Staff Recommendation: Approve
2 6. APPROVE THE FOLLOWING ACTIONS ASSOCIATED WITH THE EXPANDED LEARNING PROGRAMS (ELP) AT TL REED AND WASHINGTON SCHOOL SITES:
A. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A
MEMORANDUM OF UNDERSTANDING WITH KINGS CANYON UNIFIED
SCHOOL DISTRICT (KCUSD) TO PROVIDE SERVICES FOR THE ·
EXPANDED LEARNING PROGRAMS (ELP) AND SUPPORTING
DOCUMENTS
B. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE
MEMORANDUM OF UNDERSTANDING WITH KINGS CANYON UNIFIED
SCHOOL DISTRICT (KCUSD) FOR STUDENT SUPPORT SERVICES
C. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE
MEMORANDUM OF UNDERSTANDING WITH KINGS CANYON UNIFIED
SCHOOL DISTRICT (KCUSD) TO PROVIDE INTERNSHIPS FOR REEDLEY
HIGH SCHOOL STUDENTS
D. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE
SUMMER WORK EXPERIENCE PROGRAM (SWEP) AGREEMENT FORM
WITH KINGS CANYON UNIFIED SCHOOL DISTRICT AND VALLEY
OCCUPATIONAL PROGRAM (VALLEY ROP)
(Community Services)
Staff Recommendation: Approve
7. ADOPT ORDINANCE NO. 2024-005, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF REEDLEY IMPLEMENTING A TWENTY-FOUR MONTH ENTITLEMENT PERMIT EXTENSION PROGRAM- (Community Development)
Staff Recommendation: Approve
8. ADOPT ORDINANCE 2024-006 AMENDING SECTION 1-12-4 OF CHAPTER 12, OF TITLE 1 AND SECTION 5-4-13 OF CHAPTER 7, OF TITLE 5 OF THE REEDLEY
MUNICIPAL CODE CONCERNING CITING PARTIES RESPONSIBLE FOR DANGEROUS FIREWORK VIOLATIONS- (Police Department)
Staff Recommendation: Approve
9. ADOPT RESOLUTION NO. 2024-010 APPROVING AN UPDATED CITY PERSONNEL POLICIES & PROCEDURES MANUAL -(Administrative Services) Staff Recommendation: Approve
10.CONSIDER THE FOLLOWING ITEMS (A), (B) AND (C) FOR THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 RELATED TO THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25 A. ADOPT RESOLUTION NO. 2024-029 INITIATING PROCEEDINGS FOR
THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR THE
CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1 FOR FISCAL YEAR 2024-25 IN ACCORDANCE WITH CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 22500
3 B. ADOPT RESOLUTION NO. 2024-030 PRELIMINARILY APPROVING THE
ENGINEER'S REPORT REGARDING THE ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS FOR THE CITY OF REEDLEY
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024-25
C. ADOPT RESOLUTION NO. 2024-031 DECLARING THE INTENTION TO
ORDER THE ANNUAL LEVY AND COLLECTION OF ASSESSMENT FOR
THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024-25 AND SETTING A TIME AND
PLACE FOR A PUBLIC HEARING
(Engineering)
Staff Recommendation: Approve
11.ADOPT RESOLUTION NO. 2024-032 AUTHORIZING THE CITY MANAGER TO
APPROVE, SIGN AND SUBMIT A PROJECT APPLICATION AND SUPPORTING
DOCUMENTS TO THE STATE DEPARTMENT OF PARKS AND RECREATION FOR THE $350,000 EARMARK IN THE STATE BUDGET-(Community Services) Staff Recommendation: Approve
12.ADOPT RESOLUTION NO. 2024-033, CONFIRMING THE APPOINTMENT OF SUSAN
JOHNSON TO THE PUBLIC SAFETY SALES TAX CITIZENS OVERSIGHT COMMITTEE AS COUNCIL MEMBER FAST'S REPRESENTATIVE-(City Clerk)
Staff Recommendation: Approve
PUBLIC HEARING
13.ADOPT RESOLUTION NO. 2024-026 APPROVING ENVIRONMENTAL ASSESSMENT NO. 2024-01 AND APPROVING GENERAL PLAN AMENDMENT APPLICATION NO. 2022-01 RELATED TO THE 2023-2031 CITY OF REEDLEY HOUSING ELEMENT Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Community Development)
Staff Recommendation: Approve
14.CONSIDER ITEMS ASSOCIATED WITH THE PROPOSED EAST HUNTSMAN AVENUE PROJECT (APN: 370-240-11 ):
A. ADOPT RESOLUTION NO. 2024-023, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REEDLEY REQUESTING THE LOCAL
AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR
EXPANSION OF THE REEDLEY SPHERE OF INFLUENCE
B. ADOPT RESOLUTION NO. 2024-024, A RESOLUTION OF APPLICATION
BY THE CITY OF REEDLEY REQUESTING THE LOCAL AGENCY
FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE EAST
HUNTSMAN AVENUE REORGANIZATION
C. ADOPT RESOLUTION NO. 2024-025, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REEDLEY ADOPTING ENVIRONMENTAL
ASSESSMENT NO. 2022-13, A MITIGATED NEGATIVE DECLARATION, DATED JANUARY 29, 2024, AND APPROVING ANNEXATION
APPLICATION NO. 2022-01, REZONE APPLICATION NO. 2022-03, SITE 4 PLAN REVIEW APPLICATION NO. 2022-19, AND TENTATIVE PARCEL MAP APPLICATION NO. 6428
D. INTRODUCTION OF ORDINANCE NO. 2024-004, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF REEDLEY APPROVING REZONE
APPLICATION NO. 2022-03 AND AUTHORIZING THE AMENDMENT OF
THE OFFICIAL ZONING MAP OF THE CITY OF REEDLEY
Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Community Development)
Staff Recommendation: Approve
15.PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO CERTAIN
DEPARTMENTAL FEES AND CHARGES FOR SERVICES IN THE CITYWIDE MASTER
FEE SCHEDULE (NO ACTION)
COUNCIL REPORTS
16.BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
17. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing revised agenda was posted in accordance with the applicable legal requirements. Dated this 4th day of April 2024.
Dates to Remember:
April 23, 2024 - Regular Meeting
May 14, 2024-Special Meeting (Budget Workshop)@ 6pm & Regular Council Meeting @?pm May 28, 2024- Special Meeting (Budget Workshop) @ 6pm & Regular Council Meeting @?pm 5 ~I
REEDLEY CITY COUNCIL MEETING -March 26, 2024
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 Pro Tern Tuttle at 7:00 p.m. on Tuesday, March 26, 2024 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Russ Robertson
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Friesen.
ROLL CALL
Council Members
Present:
Absent:
Suzanne Byers, Scott Friesen and Matthew Tuttle
Mary Fast and Anita Betancourt
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
City Manager Nicole Zieba stated that on item 12 there is an additional handout that is being distributed. It was noted that there was a typo on the year on the spreadsheet that was included in the packet. The document being passed out has the correct year listed.
Council Member Friesen motioned, Council Member Byers seconded to accept and approve agenda.
Motion unanimously carried.
PUBLIC COMMENT
None.
CONSENT AGENDA (Item 1-9)
Council Member Byers asked to discuss item 9 prior to the vote. City Engineer Marilu Morales answered questions regarding item 9.
Council Member Byers moved, Council Member Friesen seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
1. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 12, 2024 2024 - Approved
2. RECOMMENDATION OF REJECTION OF CLAIM-AXEL G. CHAVEZ-Approved Claim Rejection
3. APPROVE MAYOR'S NOMINATION TO FILL AV ACANCY ON THE TRAFFIC SAFETY COMMISSION -Approved
4. APPROVAL OF EXPENSE REIMBURSEMENT FOR COUNCILMEMBER FAST -Approved
5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF REEDLEY AND THE FAMILY HEALING CENTER TO CONDUCT FORENSIC INTERVIEWS WITH VICTIMS AND WITNESSES OF SEXUAL ASSAULTSApproved
6. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF
THE CITY OF REEDLEY, BETWEEN THE CITY OF REEDLEY AND KINGS CANYON UNIFIED REEDLEY CITY COUNCIL MEETING -March 26, 2024
SCHOOL DISTRICT FOR THE RESTORATIVE JUSTICE INITIATIVE (RPBI) FOR THE 2024-2025 FISCAL YEAR-Approved
7. ADOPT RESOLUTION NO. 2024-004, ACCEPTING THE PUBLIC IMPROVEMENTS CONTAINED IN PHASE ONE OF TRACT 6229, RANCHO VISTA, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE-Approved
8. ADOPT RESOLUTION NO. 2024-009 ACCEPTING THE 2023 ANNUAL PROGRESS REPORT FOR THE
REEDLEY GENERAL PLAN AND HOUSING ELEMENT AND DIRECTING THE COMMUNITY
DEVELOPMENT DEPARTMENT TO SUBMIT SAID REPORT TO THE GOVERNOR'S OFFICE OF
PLANNING AND RESEARCH AND THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT-Approved
9. ADOPT RESOLUTION NO. 2024-028 APPROVING THE PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 2022-Approved
PUBLIC HEARING ·
10. INTRODUCTION OF ORDINANCE NO. 2024-005, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF REEDLEY IMPLEMENTING A TWENTY-FOUR MONTH ENTITLEMENT PERMIT
EXTENSION PROGRAM
Community Development Director Rodney Horton explained that since the conclusion of the pandemic, interest rates have increased which has caused some developers to delay progressing through the development process. The higher the interest rate the more challenging it is for a developer. The other issue is the increased cost of construction materials and the cost of labor and personnel shortages continue to delay development. Entitlement applications are on a timeline where unless the applicant requests an extension prior to the deadline then the permit will lapse. The purpose of the proposed ordinance is to pause the timeframe when an approved entitlement application becomes effective for a period of twenty-four months. The extension program would only apply to entitlement applications that became effective after January 1, 2022.
Public Hearing Opened: 7:10 p.m.
Suzanne Johnson asked since this program would extend the entitlement permit process how would the program change if the State of California changes laws in the future.
Community Development Director, Rodney Horton stated that Council could extend the program past the twenty-four months if needed. Mr. Horton also stated if there are any changes in state law then the City of Reedley would need to be compliant with the laws passed at that time.
Public Hearing Closed: 7:12 p.m.
Council Member Friesen motioned and Council Member Byers seconded to accept INTRODUCTION OF ORDINANCE NO. 2024-005, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY
IMPLEMENTING A TWENTY-FOUR MONTH ENTITLEMENT PERMIT EXTENSION PROGRAM A YES: Friesen, Byers, Tuttle
NOES: None.
ABSTAIN: None.
ABSENT: Betancourt, Fast.
11. INTRODUCTION OF ORDINANCE 2024-006 AMENDING SECTION 1-12-4 OF CHAPTER 12, OF TITLE 1 AND SECTION 5-4-13 OF CHAPTER 7, OF TITLE 5 OF THE REEDLEY MUNICIPAL CODE
CONCERNING CITING PARTIES RESPONSIBLE FOR DANGEROUS FIREWORK VIOLATIONS Commander Hector Aleman stated that the use of fireworks to celebrate national holidays like 4th of July and New Year's Eve has been a common tradition. However many cities throughout California have experienced an increase in the use of illegal and dangerous fireworks during these celebrations. One of the many difficulties with enforcing the dangerous fireworks laws is that they are typically discharged at large parties making it difficult to identify the specific violator. Staff is recommending a change to the municipal code which would hold the property owners and lessees responsible for violations that occur on their property.
Public Hearing Opened: 7:23 p.m.
2 REEDLEY CITY COUNCIL MEETING -March 26, 2024
Public Hearing Closed: 7:24 p.m.
Council Member Friesen motioned and Council Member Byers seconded to accept INTRODUCTION OF ORDINANCE 2024-006 AMENDING SECTION 1-12-4 OF CHAPTER 12, OF TITLE 1 AND SECTION 5-4-13 OF CHAPTER 7, OF TITLE 5 OF THE REEDLEY MUNICIPAL CODE CONCERNING CITING PARTIES
RESPONSIBLE FOR DANGEROUS FIREWORK VIOLATIONS
A YES: Friesen, Byers, Tuttle
NOES: None.
ABSTAIN: None.
ABSENT: Betancourt, Fast.
12. ADOPT RESOLUTION NO. 2024-02 ACCEPTING THE WATER RATE STUDY PRESENTED BY HDR
ENGINEERING, AND SETTING THE PUBLIC HEARING DATE TO CONSIDER THE PROPOSED RA TE
CHANGES
Public Works Director, Russ Robertson explained that in September 2023 the City Council approved an agreement with HDR Engineering to perform a comprehensive water rate study to provide a full detailed analysis of the Water Enterprise fund and detennine ifrate changes are necessary.
Mr.Koom with HDR Engineering shared the purpose of why the water rate study was completed and discussed the costs related to providing water to the community.
Suzanne Johnson asked questions regarding the present and proposed drought rates that were included in the presentation. Mr. Robertson explained that although the City of Reedley has never utilized the proposed drought rates it is a requirement of the State of California that the figures be included in the presentation.
Council Member Byers motioned and Council Member Friesen seconded to accept ADOPT RESOLUTION NO. 2024-02 ACCEPTING THE WATER RA TE STUDY PRESENTED BY HDR ENGINEERING, AND SETTING
THE PUBLIC HEARING DA TE TO CONSIDER THE PROPOSED RA TE CHANGES A YES: Byers, Friesen, Tuttle
NOES: None.
ABSTAIN: None.
ABSENT: Betancourt, Fast.
13. CONSIDERATION OF ITEMS PERTAINING TO A COMMUNITY VIDEO POLICING PROJECT A. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
PERTAINING TO A SOLE SOURCE PURCHASE AND INSTALLATION OF A COMMUNITY VIDEO POLICING SYSTEM UP TO A TOTAL COST OF $254,037
B. ADOPT RESOLUTION NO. 2024-027 AMENDING THE 2023-24 ADOPTED BUDGET APPROPRIATING $73,383 IN MULTIPLE FUNDS FOR COSTS ASSOCIATED WITH
PURCHASE AND INSTALLATION OF A COMMUNITY VIDEO POLICING SYSTEM NOT
COVERED BY PREVIOUSLY AUTHORIZED APPROPRIATIONS
Assistant City Manager Paul Melikian stated in 2020 State Senator Melissa Hurtado who represented Reedley submitted several budget requests on behalf of the City of Reedley. One of the requests was to replace and upgrade Reedley's aging police and fire public safety communications equipment. Once that project was complete there was $180,654 remaining in grant funds. At that time staff turned their attention to improving and expanding upon the existing network of community video policing cameras. The proposed project would upgrade cameras and signage at all existing sites and install additional surveillance equipment at several new locations.
Council Member Byers motioned and Council Member Friesen seconded to accept CONSIDERATION OF ITEMS
PERTAINING TO A COMMUNITY VIDEO POLICING PROJECT
A. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
PERTAINING TO A SOLE SOURCE PURCHASE AND INSTALLATION OF A COMMUNITY VIDEO POLICING SYSTEM UP TO A TOTAL COST OF $254,037
3 REEDLEY CITY COUNCIL MEETING -March 26, 2024
B. ADOPT RESOLUTION NO. 2024-027 AMENDING THE 2023-24 ADOPTED BUDGET APPROPRIATING $73,383 IN MULTIPLE FUNDS FOR COSTS ASSOCIATED WITH
PURCHASE AND INSTALLATION OF A COMMUNITY VIDEO POLICING SYSTEM NOT
COVERED BY PREVIOUSLY AUTHORIZED APPROPRIATIONS
AYES:
NOES:
ABSTAIN:
ABSENT:
Byers, Friesen, Tuttle
None.
None.
Betancourt, Fast.
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.
14. REEDLEY AIRPORT COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 16, 2023- Community Services
COUNCIL REPORTS
15. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Byers
• Participated in a Cal Cities webinar and provided a brief update Mayor Pro Tern Tuttle:
• Discussed an ABC Channel 30 event that Mayor Betancourt participated in • Attended a Kings River East Groundwater meeting and provided a brief update • Participated in Good Morning Reedley
STAFF REPORTS
16. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager Nicole Zieba:
• Discussed Reedley's Waste Water Treatment Plant received a safety award Public Works Director Russ Robertson:
• Provided an update on the Spring Cleanup event
Commander Marc Ediger:
• Discussed the upcoming Reedley Police Community Member's Academy
ADJOURNMENT
Mayor Pro Tern Tuttle adjourned the regular meeting at 8:56 p.m.
Mayor Anita Betancourt
ATTEST:
Ruthie Greenwood, City Clerk
4 REEDLEY CITY COUNCIL
DATE: April 9, 2024
~ Consent
D Regular Item
D Workshop
D ClosedSession
D Public Hearing
ITEM NO: 2 ----
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO.4 TO COOPERATIVE AGREEMENT TO ESTABLISH
PROGRAM ELIGIBILITY AND FUNDING REQUIREMENTS WITH THE
FRESNO COUNTY TRANSPORTATION AUTHORITY UNDER THE MEASURE "C" REGIONAL PUBLIC TRANSIT PROGRAM: NEW TECHNOLOGY RESERVE
SUB PROGRAM FOR THE SUSTAINABLE AVIATION PROJECT
SUBMITTED: Paul A. Melikian, Assistant City Manager --•..-- APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager to execute Amendment No.4 to Cooperative Agreement to Establish Funding Eligibility and Funding Requirements with the Fresno County Transportation Authority (FCTA) to allow remaining grant funds to be spent on electric aircraft maintenance and operations, and administrative costs associated with oversight of Workforce Development/Flight Training cost assistance for low-income students.
EXECUTIVE SUMMARY
In 2017, the Fresno County Transportation Authority (FCTA) New Technology Program awarded $1,071 ,348 to the Sustainable Aviation Project as seed money to CALSTART, and the cities of Mendota and Reedley, to assist in purchasing four electric airplanes and begin teaching students to become pilots in Fresno County. Reedley and Mendota purchased four Pipistrel Alpha Electro electric trainer aircraft, with the City of Reedley taking the lead of this acquisition.
Currently, each agency still owns two aircraft that are being stored by New Vision Aviation at Chandler Executive Airport. The aircraft have been operated to gain experience using electric aircraft, develop operational procedures, data, and provide support a Petition for Exemption to allow them it be used for flight training as they were designed for. The petition was submitted in 2019, though due to COVID impacts, unfortunately the Federal Aviation Administration (FAA) had stalled the process. In January 2024, the FAA granted the exemption for the Alpha Electros to be used for flight training , the first such exemption to be granted in the United States.
Currently, $217,669.14 or roughly 20% of the original grant funds of $1 ,071 ,348 remain . With the future operation of Mendota's airport in question, unfortunately the City of Mendota will not be an active partner in the project going forward . The attached Amendment No. 4 will allow the following actions to take place:
• All remaining Project Administration allocations for both City of Mendota and CALSTART SJVCTC totaling $12,693.32 be reallocated to the City of Reedley for remaining time necessary to administer the Workforce Development/Flight Training cost assistance for low-income students • The remaining balance of the Equipment/Infrastructure portion of the grant funds, totaling $114,975.82 will be reallocated to aircraft maintenance and operations • Lastly, since Mendota is no longer an active partner in the project, the amendment will allow Mendota to transfer ownership of their two aircraft to Reedley; however, the operation and maintenance of all four aircraft will continue under agreement with Joseph Oldham and New Vision Aviation
BACKGROUND
In October 2023, the City of Reedley received word that the Awards Committee of the Fresno International Transportation Innovations Summit, PEDAL 2023, had selected the Reedley's Electric Planes Program to be the recipient of this year's Outstanding Innovative Transportation Project Award.
On March 26, 2019, the City Council approved Amendment No.3 to Cooperative Agreement to Establish Funding Eligibility and Funding Requirements with the Fresno County Transportation Authority (FCTA) to allow an extension of temporary hangar rental payments through June 30, 2019 to cover rental of the large hangar at Chandler Airport until hangars in Mendota could be completed.
On October 9, 2018, the City Council ratified Amendment No.2 to Cooperative Agreement to Establish Funding Eligibility and Funding Requirements with the FCTA to allow up to $5,000 in previously approved Administrative Costs within the Sustainable Aviation Project grant budget, to be transferred from the City of Mendota to CALSTART to pay for legal expenses to obtain regulatory approvals from the Federal Aviation Administration (FAA) necessary to begin flight training operations.
On April 24, 2018, the City Council ratified Amendment No.1 to Cooperative Agreement to Establish Funding Eligibility and Funding Requirements to allow for temporary hangar rental payments to be paid by the Sustainable Aviation Project grant budget through December 31, 2018.
On April 25, 2017, the City Council approved a Program Eligibility and Funding Agreement with the Fresno County Transportation Authority (FCTA) and the City of Mendota for the purchase of four (4) Pipistrel Alpha Electro trainer aircraft, as well as flight training cost assistance for low income veterans, students and others from disadvantaged communities, and administrative costs for partnering agencies and the California Energy Commission San Joaquin Valley Clean Transportation Center (CALSTART) to demonstrate the feasibility of advanced electrified aviation technology. The intent of the program is for the cities to act in conjunction with Reedley College, the CALSTART, and a private operator; and as such, additional partnering agreements will be forthcoming to the City Council for consideration as program, operational and administrative details are worked out.
Additionally, the City of Reedley recently executed a long-term agreement with the State Center Community College District, Reedley College, that will transition their Aviation Maintenance Technology and Flight Science (Pilot training) programs to the Reedley Municipal Airport.
FISCAL IMPACT
There is no anticipated impact to the City as a result of approving Amendment No.4 to the Cooperative Agreement.
ATTACHMENTS
Amendment No.4 to Cooperative Agreement to Establish Program Eligibility and Funding Requirements Niki Britton (2024) 'Training Goes Electric at New Vision Aviation : FAA Grants SLSA Approval' Aircraft Owners and Pilots Association January 24, 2024
AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT
TO -ESTABLISH PROGRAM ELIGIBILITY AND FUNDING
REQUIREMENTS
Regional Public Transit Program: New Technology Reserve Sub Program Grantee: City of Mendota and City of Reedley
Project: Sustainable Aviation
This Amendment No, 4 to the Program Eligibility and Funding Agreement ("Cooperative Agreement" or "Agreement") is made and entered into on April 17, 2024, by and between the City of Mendota and the City of Reedley (hereinafter referenced collectively as "Grantee" or alternatively as "Partnering Agencies"), on the one hand, and the Fresno County Transportation Authority ("Authority"), on the other hand.
1. RECITALS
1.1 WHEREAS, on April 12, 2017, the Parties entered into the Cooperative Agreement for funding electric airplanes, charging stations and hangers as a part of the Measure C Regional Public Transit Program subprogram entitled "New Technology Reserve" (NTR), and
WHEREAS, the purpose of the NTR subprogram was to finance research or to provide funding for implementation of projects intended to reduce traffic congestion, energy consumption and air emissions resulting from less vehi.cular traffic and less surface street congestion; and, improve mobility in more densely developed areas by providing convenient and direct transit service; and
WHEREAS, on April 18, 2018, the Authority Board approved Amendment No. 1 to this Agreement, allowing use of Project funds for temporary hanger rental until such time as permanent hangers could be constructed; and, WHEREAS, on October 10, 2018, the Authority Board approved Amendment #2 to this agreement allowing transfer of $5,000 from City of Mendota's Administrative Funds to cover a portion of the legal costs associated with Federal Aviation Authority approval of the aircraft for commercial use; and, 1 WHEREAS, on April 17, 2019, the Authority Board approved Amendment #3 to this agreement to extend the temporary Hanger rental through June 20, 2019; and,
WHEREAS, the City of Mendota's airport is no longer certified for flight operations; and,
WHEREAS, the cities of Mendota and Reedley both desire the Electrical Aviation Project to continue; and,
WHEREAS, the City of Mendota is willing, at no cost to FCTA or Reedley, to transfer ownership of their two (2) electric airplanes to Reedley for continuation of the electric aviation training program; and;
WHEREAS, the City of Reedley is willing to accept ownership of these additional two (2) electric airplanes; and,
WHEREAS, the Project has been able to realize savings in the amount of $114,975.82 through the Equipment/Infrastructure portion of the Grant funds; and,
WHEREAS, the City of Reedley is requesting these remaining funds be reallocated to aircraft maintenance and operations; and, WHEREAS the City of Mendota will no longer need Project Administration funds once transfer or ownership is complete; and,
WHEREAS, additional Administration funds will be required by the City of Reedley to manage the operations of all four (4) electric aircraft; and, WHEREAS, Mendota and FCTA wish to Mutually Terminate this agreement.
NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant, and agree as follows:
1.2 Mendota and FCTA Mutually Agree to terminate this agreement consistent with Section 3.2.1 Termination by Mutual Consent, of the agreement. 2 1.3 Mendota releases all interest in two (2) electric airplanes, without compensation, to the City of Reedley.
1 .4 Mendota releases all interest to any unspent Grant Administrative funds. 1,5 FCTA agrees to said transfer and waives any claims for compensation as outlined in Section 1.9 Subsequent Transfer of Title of the agreement
1.B Reedley agrees to accept transfer of ownership of two electric airplanes without compensation.
1.7 Reedley is authorized to utilize the remaining balance of the Equipment/Infrastructure portion of the grant fund towards the aircraft maintenance and operation phase.
1.8 Reedley is entitled to remaining Administrative Funds reserved for the City of Mendota. Use of said funds must remain consistent with the terms and conditions as set for in the Original Agreement.
2. lE.R.MS
2.1 The terms of the Cooperative Agreement, as previously modified by Amendments 1, 2, and 3 are hereby further amended to modify Section 1.9 Subsequent Transfer or Title, as follows:
Notwithstanding any inconsistent statement(s) contained in the Application, GRANTEE intends that ownership of the four (4) trainer airplanes to be supplied pursuant to this Agreement to be owned exclusively by the City of Reedley. In the event Reedley subsequently sells or for any reason transfers title and ownership of any of the four (4) trainer airplanes prior to the completion of the 10-year program described in GRANTEE'S Application, Reedley shall pay to AUTHORITY, if requested by AUTHORITY, either the proceeds of such sale or transfer, or an amount equal to the fair market value of the airplane(s) as the time of the sale or transfer, whichever is greater.
2.2 All other terms and conditions contained in the Cooperative Agreement, as previously modified by Amendment No. 1 ,21 and 3 are unaffected by this Amendment No. 4 and shal.l remain In full force and effect. 3 IN WITNESS WHEREOF1 the undersigned parties have executed this Amendment No. 4 on the day and year first written above.
FRESNO COUNTY TRANSPORTATION AUTHORITY
ATTEST
By: -'------- - --- By:
(Signature) (Signature)
Name: Ernest "Budd II Mendes Name: Ter O le - - -----A-- - - - --~~~ - ---- (Typed) (Typed) Title: __ C=h~~i_rm_an _o_f _th_e A_u_th_or...:.....i t__· _ _ Title: Executive Director APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG,
COUNTY COUNSEL
By:
(Signature)
Name: AJison H. Samarln --~= ------
Title:
APPROVED AS TO ACCOUNTING
FORM
By: ---------- (Signature)
Name: ______ Oscar J. Garcia, CPA _:__ __ _
Title: Auditor Controller/Treasurer-Tax Collector
4 CITY OF MENDOTA
ATTEST
By By: - - ------ - ~-------- (Signature) (Signature)
Name Cristian Gonzalez Name: -~------- ~--------- (Typed) Title: ----------
APPROVED AS TO FORM
BY:
5 CITY OF REEDLEY
ATTEST
By: _1.--½:U ............... . A--=--~- By:
(Signature) (Signature)
Name: Nicole Zieba Name: - - - - ~-- --- --~-------- (Typed) Title:
APPROVED AS TO FORM
BY:
6 ~ > News & Media > Training goes electric at New Vision Aviation
TRAINING GOES ELECTRIC AT
NEW VISION AVIATION
FAA GRANTS SLSA APPROVAL
January 24, 2024 By Niki Britton Share via: (} ;( (m ~
Nonprofit aviation education and flight school organization New Vision Aviation can now provide flight training in the group's four Pipistrel Electro trainers thanks to an eight-year public-private collaboration to prove electric aircraft can be suitable for flight training.
New Vision Aviation's fleet of four Pipistrel Alpha Electro trainers at the Fresno Chandler Executive Airport. Photo courtesy of New Vision Aviation.
Located at the Fresno Chandler Executive Airport, New Vision Aviation, headed by President and CEO Joseph Oldham, has provided flight training and aviation industry education to young people from disadvantaged communities in the San Joaquin Valley in California since 2018.
New Vision Aviation has been training students in its Cessna 150, Cessna 172, and Interstate Cadet, and now, thanks to the FAA special light sport aircraft exemption, can finally use its fleet of electric Pipistrel Alpha Electros for flight training.
Oldham is a general aviation pilot with a background in electric transportation who started the Sustainable Aviation Project (SAP), which received a million-dollar county transportation authority grant in 2016. New Vision Aviation was created to implement and complete the project.
'The idea was we would buy four Pipistrel Alpha Electros, which at the time were the first production electric airplanes in the world, and then set up a network of chargers, kind of like what is done for electric cars, at Mendota to the west, Fresno Chandler Airport right here in the center, ... and then Reedley Airport off to the east," Oldham said.
The aircraft were delivered in March of 2018, FAA regulations that do not allow for electric powerplants in light sport aircraft precluded the use of those aircraft for flight training. "The problem with using these aircraft was one word in the federal code of regulations," Oldham explained. 'The definition of a light sport aircraft says it has a single reciprocating engine if powered, and unfortunately, an electric motor is not a reciprocating engine, and so that one word, reciprocati~g, was keeping up from using these aircraft for what they were for, which was training."
Prior to issuing the exemption, the FAA told Oldham to gather data that proved the aircraft were safe. To get started, Pipistrel provided data loggers that plugged into the aircraft's onboard computer to record flight data. That data went back to Pipistrel, where it was analyzed and put into charts that showed battery and other performance parameters.
The process required Oldham to fly one of the aircraft for 100 hours to gather data, which proved difficult considering he was only able to get about 40 minutes of flight time on a full charge. Eventually an engineer from another company working on electric aircraft suggested flying at a speed to optimize Lift over drag, instead of what Pipistrel recommended for cruise speed, and eventually Oldham was able to achieve an hour plus of flight time per charge, making the 100-hour mark more attainable.
The FAA also dispatched an engineer to run specific tests with the aircraft, working in collaboration with Pipistrel to ensure the flights weren't damaging the system in any way. "They sent one of their test pilots out and he flew with me for about three days in the airplane gathering data," Oldham said. "They published several reports internally about their experiences with the airplanes, so it was a really good, great collaboration ... and that's been, I think, probably the best part of this whole thing, is just kind of meeting all the people that are interested in electric aviation ... that's been the coolest thing to do." Oldham submitted the petition in September of 2019 and in June of 2023, the FAA reached out to Let him know it was working on the petition and needed him to make a few small corrections. On January 22, Oldham finally received the news that his petition for exemption had been granted.
Before New Vision Aviation can begin training with the Pipistrel fleet, the aircraft need to go through an annual inspection and be recertified by an FAA designated airworthiness representative). In the meantime, Oldham says the condition of the aircraft batteries needs to be analyzed, and some may need replacing. He hopes to have at Least one of the aircraft ready to fly in 30 days.
Niki Britton
efv1edia Content Producer
eMedia Content Producer Niki Britton joined AOPA in 2021. She is a private pilot who enjoys flying her 1969 Cessna 182 and taking aerial photographs.
GO TO NIKI BRITTON'S PROFILE >
DATE: April 9, 2024
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3 ----
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A LETTER OF ENGAGEMENT WITH BRYANT L. JOLLEY CERTIFIED PUBLIC ACCOUNTANTS
FOR CONTINUATION OF PROFESSIONAL AUDIT SERVICES
SUBMITTED: Paul A. Melikian, Assistant City Manager
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
It is recommended that the City Council approve and authorize the City Manager execute a letter of engagement with Bryant L. Jolley Certified Public Accountants for the continuation of professional audit services for the City of Reedley's annual financial statements and other required reporting for fiscal years ending June 30, 2025 through June 30, 2029.
EXECUTIVE SUMMARY
In November 2019, the City Council authorized a Letter of Engagement with Bryant L. Jolley Certified Public Accountants for professional audit services for fiscal years ending June 30, 2019 thru June 30, 2024. The City is satisfied with the quality and depth of their work, which meets the high standards of the dozens of County, State and Federal agencies, as well as municipal market disclosure firms that the City's financial statements are required to be submitted to. City staff values their (Bryant L. Jolley) excellent communication both during the audit and throughout the year. The attached Letter of Engagement would allow the City to continue utilizing their services for up to five additional years.
BACKGROUND
In 2019, City staff sent out a Notification of Interest (NOi) for Professional Audit Services to six CPA firms that were known to audit public entities. Three proposals were received, ranging in cost from $37,500 to $53,400 annually. After a thorough review of the proposals, all three firms adequately demonstrated their ability to sufficiently audit and prepare the City's annual financial statements. After considering a number of factors, Brant L. Jolley Certified Public Accountants was selected as the successor audit firm for the City.
FISCAL IMPACT
Under the existing audit engagement, the City's cost for the annual audit for fiscal year ending June 30, 2024 will be $39,500, which includes $3,500 for the Single Audit. The Single Audit is a more in-depth audit required by The Single Audit Act of 1984 for non-Federal entities that expend $750,000 or more of Federal Financial Assistance in a fiscal year. Under the new fee schedule for the engagement letter, the Single Audit cost will be $4,500 per year.
The annual audit fee, including the Single Audit, would now be $44,500 for the first year of the new engagement (for fiscal year ending June 30, 2025) and increasing by $2,000 per year for the reminder of the engagement term. The City will also continue utilizing Bryant L. Jolley for preparation of the required State Controller's City Financial Transaction Report and the Annual Street Report at an annual cost of $5,000. New for this engagement is an add-on cost of $2,500 for implementation of any new Governmental Accounting Standards Board (GASB) standard. New standards are typically time consuming for the auditor to research and incorporate into the City's financial reports.
Audit and financial reporting costs are currently split between the General Fund and enterprise funds.
ATTACHMENTS
Letter of Engagement
BRYANT L.JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS
March 20, 2024
To City of Council and Mr. Paul Melekian
City of Reedley
1717 9th Street
Reedley, California 93654
Bryant L.Jolley C.P.A.
Ryan P.Jolley C.P.A.
Darryl L Smith C.P.A.
Luis A. Perez C.P.A.
Lan T. Kimoto
We are pleased to confirm our understanding of the services we are to provide for the City of Reedley for the fiscal years ended June 30, 2025, June 30, 2026, June 30, 2027, June 30, 2028, and June 30, 2029.
Audit Scope and Objectives
We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, including the disclosures, which collectively comprise the basic financial statements, of the City of Reedley as of and for the fiscal years ended June 30, 2025, June 30, 2026, June 30, 2027, June 30, 2028, and June 30, 2029. Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City of Reedley's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City of Reedley's RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures, but will not be audited:
1) Management's Discussion and Analysis.
2) Budgetary Comparison Schedule
3) Schedule of Changes in the City's Net OPES Liability and Related Ratios 4) Schedule of the City's Proportionate Share of Net Pension Liability 5) Schedule of Contributions
We have also been engaged to report on supplementary information other than RSI that accompanies the City of Reedley's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditor's report on the financial statements.
1) Schedule of expenditures of federal awards.
2) Combining Balance Sheet - Nonmajor Governmental Funds 3) Combining Statement of Revenue, Expenditures and Changes in Fund Balance - Nonmajor Governmental Funds
The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor's report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with 901 "N" STREET, SUITE 104 FIREBAUGH, CALIFORNIA 93622 PHONE 559.659.3045 FAX 559.659.0615 GAAP, and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on:
• Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.
• Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Auditor's Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit.
We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting , (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government.
Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions , there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.
We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government's ability to continue as a going concern for a reasonable period of time.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.
We have identified the following significant risk(s) of material misstatement as part of our audit planning :
1) Management override of controls
2) Improper revenue recognition due to fraud
2 We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers.
Our audit of financial statements does not relieve you of your responsibilities.
Audit Procedures-Internal Control
We will obtain an understanding of the government and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.
As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance.
Audit Procedures-Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of City of Reedley's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.
The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the 0MB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Reedley's major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on the City of Reedley's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.
Other Services
We will also assist in preparing the financial statements, schedule of expenditures of federal awards, related notes, Annual Street Report, and the State Controller's City Financial Transactions Reports of the City of Reedley in conformity with accounting principles generally accepted in the United States of America and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards.
We will perform the services in accordance with applicable professional standards. The other services are limited 3 to the financial statements, schedule of expenditures of federal awards, and related notes services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.
You agree to assume all management responsibilities for the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, the schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, the schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.
Responsibilities of Management for the Financial Statements and Single Audit Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with accounting principles generally accepted in the United States of America; and for compliance with applicable laws and regulations (including federal statutes), rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.
You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations , contracts, and grant agreements; and related matters.
Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud , and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, granters, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that we report. Additionally, as required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations , and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; 4 and prepare a summary schedule of prior audit findings and a separate corrective action plan. The summary schedule of prior audit findings should be available for our review on November 2025.
You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received , and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains , and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to [include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon OR make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon]. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed , the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.
You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles (GAAP) You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to [include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon] . Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing .
At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings . It is management's responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor's reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification . The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditor's reports or nine months after the end of the audit period.
We will provide copies of our reports to the City Council; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation , or containing privileged and confidential information, copies of our reports are to be made available for public inspection.
The audit documentation for this engagement is the property of Bryant L. Jolley, CPA's and constitutes confidential information. However, subject to applicable laws and regulations , audit documentation and appropriate individuals will be made available upon request and in a timely manner to Department of Transportation or its designee, a federal agency providing direct or indirect funding , or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings , or to carry out oversight responsibilities. We will notify you of 5 any such request. If requested, access to such audit documentation will be provided under the supervision of Bryant L. Jolley, CPA personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by Department of Transportation. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.
Bryant L. Jolley, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. We expect to begin our audit on approximately November 2025.
Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies , telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $40,000, $42,000, $44,000, $46,000 and $48,000 for fiscal years June 30, 2025, June 30, 2026, June 30, 2027, June 30, 2028 and June 30, 2029, respectively. The preparation of the State Controller's City Financial Transaction report will be $3,500 annually. The preparation of the City Street Annual Report will be $1,500 annually. For year(s) a Single Audit is applicable to the City there will be an additional cost of $4,500 per major program and for year(s) that there is a implementation of new GASB standard there will be an additional cost of $2,500. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered upon completion of the audit and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination . The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the engagement. If significant additional time is necessary, we will keep you informed of any problems we encounter and our fees will be adjusted accordingly.
Reporting
We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the City Council of the City of Reedley. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a sep9rate section, or add an emphasis-of-matter or other-matter paragraph to our auditor's report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement.
The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose.
We appreciate the opportunity to be of service to the City of Reedley and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us.
Very truly yours,
6 RESPONSE:
This letter correctly sets forth the understanding of the City of Reedley.
Paul Melekian, Assistant City Manager
7 DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 4
April 9, 2024
APPROVE AND AUTHORIZE CITY MANAGER TO SIGN THE SPECIAL
EVENT FACILITY USE AGREEMENT CLOVIS RADIO CONTROL
HELICOPTER CLUB
Sarah Reid, Community Services Di rec
Nicole R. Zieba, City Manager
RECOMMENDATION
Approve and authorize City Manager to sign the Special Event Facility use Agreement with Clovis Radio Control Helicopter Club. This agreement will allow for a Radio-Controlled Model event at the Reedley Municipal Airport.
EXECUTIVE SUMMARY
Clovis Radio Control Helicopter Club (CLUB) is requesting use of the Reedley Municipal Airport from Thursday, May 23, 2024 through Sunday, May 26, 2024 to host the 4th Annual Giant Scale Fun Fly-In Event. Wednesday and Thursday morning, leading up to the event, will be used for setup and Sunday afternoon through Monday morning for cleanup. The event is open to the public every day with the CLUB collecting donations as a parking fee.
During the four-day event the runway is closed so a NOTAM will be submitted notifying pilots of this along with an "X" on both ends of the runway indicating the closure to those planes in the air. The airport will close Thursday May 23 at noon-9pm except for the window in the evening (5:30pm-7:30pm). Friday and Saturday the airport is closed from 9am-9pm except for the window in the evening (5:30pm-7:30pm) Sunday the airport is closed from 9am-noon and the airport opens at noon. CLUB is responsible for monitoring radio traffic during the dates and times of the event and to have a set of eyes always watching air traffic when the model planes are flying , even with the runway closed. The tenants stationed at the Reedley Airport will receive notice when the Reedley Airport will be open and closed , as well as who the point of contact is for the CLUB during the duration of the event.
Hosting an event of this unique nature has the opportunity to bring many people to Reedley. A partnership has been formed with CLUB and staff looks forward to more joint opportunities.
FISCAL IMPACT
This event will generate $1,940 in revenue for the Airport Enterprise Account. The CLUB is also responsible for paying half the fee to have the airport grounds disced before the event.
PRIOR COMMISSION ACTIONS
The Airport Commission recommended approval for the Special Event Facility use Agreement with Clovis Radio Control Helicopter Club at the regular meeting on March 14, 2024.
ATTACHMENTS
Special Event Facility use Agreement with Clovis Radio Control Helicopter Club. 2 SPECIAL EVENT FACILITY USE AGREEMENT
CLOVIS RADIO CONTROL HELICOPTER CLUB
THIS AGREEJ\1ENT is by and between City of Reedley ("CITY") AND CLOVIS RADIO CONTROL HELICOPTER CLUB ("Club").
WHEREAS, CITY is the owner and property manager of certain real property at Reedley Municipal Airport.
WHEREAS, CLUB seeks to enter and use the Premises for the 4th Annual Reedley 2024 - Giant Scale Fly-In to promote both the sport of model aviation and aviation in general.
NOW, THEREFORE, CITY and CLUB hereby agree as follows:
ARTICLE 1 - GRANT OF LICENSE
1.1 Grant. CITY hereby grants to CLUB and to its officers, agents, employees, members, volunteers and subcontractors an exclusive, revocable permission to enter and use the Premises for the purposes, set forth in Article 3, below.
1.2 Condition of Premises. CITY is not aware of any condition in, on, or about the Premises which constitutes a hazard to the safety of any user or which violates any governmental law or ordinance intended to protect human safety. However, CLUB is advised that imperfections may exist at the facility .and on taxiways and ramp. Other than as set forth above, CLUB accepts the Premises "as is." CLUB warrants it has inspected the area of the license and found it to be safe and fit for its intended use.
ARTICLE 2 - TERM
The term ofthis Agreement shall be for four ( 4) days as agreed to by the CITY.
ARTICLE 3 - USE OF PREMISES
3.1 CLUB Uses. CLUB shall use the Premises as follows and in Exhibit A:
4th Annual Reedley 2024 - Giant Scale Fly-In
Wednesday, May 22, 2024 9:00 am. Set up.
Thursday, May 23, 2024 at 12:00pm thru Sunday, May 26, 2024 at 12:00pm. Event.
Monday, May 27, 2023, until 12:00 pm. Breakdown, site clean-up.
ARTICLE 4 - CONSIDERATION
4.1 Consideration. As consideration for its use of the Premises, CLUB shall pay an event fee of $1,940 for use of the area referred to as Reedley Municipal Airport.
4.2 Cleaning Guarantee. CLUB agrees to immediately clean up the Premises after the event and pay the cost of any repairs to the Premises required as a result of the scheduled event to the reasonable satisfaction of the Airport Manager, or designated City representative.
4.3 Electricity will not be provided from the Airport. CLUB is responsible for providing for participates and event electrical needs.
ARTICLE 5 - INDEMNIFICATION
5.1 Indemnification and Defense. CLUB has the contracted duty (hereinafter "the duty") to indemnify, defend and hold harmless, City of Reedley, its City Council, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney's fees, costs, experts' fees and expenses of whatsoever kind of nature, at any time arising out of or in any way connected with the performance of this Agreement, whether in tort, contract or otherwise. This duty shall include, but not be limited to, claims for bodily injury, property damage, personal injury and contractual damages otherwise alleged to be caused to any person or entity including, but not limited to officers, agents, employees, members, volunteers and subcontractors of CLUB.
CLUB's liability for indemnity under this Agreement shall apply, regardless of fault, to any acts of omissions, willful misconduct of negligent conduct of any kind, on the part of the CLUB, its officers, agents, employees, members, volunteers and subcontractors. The duty shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of CITY. This duty shall arise at the first claim or allegation of liability against CITY. CLUB will on request and at its expense, defend any action suit or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted by law.
ARTICLE 6 - INSURANCE
6.1 Insurance. CLUB shall 30 days, prior to commencement of operations furnish Certificates of Insurance to the CITY disclosing deductibles or self-insurance retention which will be subject to the approval of CITY. Certificates shall have any special policy endorsements and policy declarations attached that may be required to affect or accomplish the coverages and conditions specified, if not described on the Certificates. CLUB shall purchase and maintain in force during the term of this Agreement (or specifically for each scheduled event day) the following policies of insurance:
A. General Liability insurance with limits of not less than $1,000,000 per occurrence and an annual aggregate of not less than $2,000,000. CITY shall be Endorsed onto said insurance policy using ISO form 2026 or a form providing coverage at least as broad as such form. Endorsement shall name as additionally insured; "The City of Reedley." Said policy shall specifically include coverage for motorized sports and racing events by policy form and/or endorsement.
B. Property insurance against all loss or damage by fire, and any other peril included in the broad form extended coverage endorsement with limits of not less than 100% of the full replacement cost of the property included in the Premises to which this Sublease refers.
The policy shall be written on a replacement cost basis.
C. Other Insurance Provisions. All policies of insurance shall contain wording or be endorsed to include wording as follows: Coverage under this policy shall be primary insurance and not contributing with any insurance maintained by CITY. Coverage shall not be suspended, voided, canceled or non-renewed or have limits reduced without giving CITY not less than 30 days written notice. In addition, such insurance shall be underwritten by insurers with a current A. M. Best's rating of no less than A: VII. CITY Risk Manager or equivalent may waive or alter this requirement.
D. As a precondition to their licenses, CLUB shall provide to CITY certificates of insurance and endorsements therefore, naming; The City of Reedley as additional insureds." 2 E. Participant Waivers. CLUB agrees to obtain and submit to CITY a properly executed release and waiver of liability agreement on CITY form (see Exhibit B) from each participant in the miniature aircraft show prior to their participation in the event sponsored by CLUB.
F. Day use and Camping. Public day, recreational use, and camping of the premises will be managed by CLUB in accordance with the procedures as listed in Exhibit A- Day Use & Camping- Day Recreation and Overnight Use General Rules of Conduct/Use. CLUB agrees to obtain and submit to CITY a properly executed release and waiver of liability agreement on CITY form (see Exhibit B) from each participant in the miniature aircraft show day use and overnight camping prior to their participation in the event sponsored by CLUB.
6.2 Loss, Damage of Destruction to the Premises CLUB assumes all risk of damage or destruction to the Premises due to CLUB officers, agents, employees, members, volunteers, participants, subcontractors and/or spectators' negligence.
6.3 Destruction Due to Risk Covered by Insurance If, during the term, the premises are totally or partially destroyed from a risk covered by the insurance described in Section 6.1 above, rendering the Premises totally or partially inaccessible or unusable, CLUB shall restore the Premises to substantially the same condition they were in immediately before destruction, whether or not the insurance proceeds are sufficient to cover the actual cost of restoration. Such destruction shall not terminate this Agreement. If the existing laws do not permit the restoration, either party may terminate this Agreement immediately by giving written notice to the other party.
6.4 Destruction Due to Risk Not Covered by Insurance If, during the term, the Premises are totally or partially destroyed from a risk not covered by the insurance described in Paragraph 6.1, rendering the Premises totally or partially inaccessible or unusable, CLUB shall restore the Premises to substantially the same condition they were in immediately before destruction. Such destruction shall not terminate this Agreement. If the existing laws do not permit the restoration, either party may terminate this Agreement immediately by giving written notice to the other party.
6.5 Waiver of Civil Code Sections. CLUB waives the provisions of Civil Code Section 1932(2) and Civil Code Section 1933(4) with the respect to any destruction of the Premises.
6.6 Waiver of Subrogation. CLUB and CITY hereby waive any right ofrecovery against the other as a result of loss or damage to the property of either CLUB or CITY when such a loss or damage arises out of an Act of God or any of the property perils insurable under extended coverage, whether or not such peril has been insured, self-insured, or non-insured.
ARTICLE 7 - SAFETY/SECURITY/SUPPORT
7.1 CLUB is responsible for its own support functions:
A. Area Safety and Security (for its own officers, agents, members, volunteers and subcontractors/non-CLUB participants, vendors, guests and spectators.) B. Access and control of (its own officers, agents, members, volunteers and subcontractors/non-CLUB participants, vendors, guests and spectators.) C. 100% control of airfield access through main gate as authorized by the Airport Manager.
D. Trash collection and pick-up.
E. Restroom facilities.
3 F. Direct a halt, "Land all Aircraft", "Knock-it-Off', or other such control instructions/directions during any portion of the event by the Event Director and/or Contest Director.
G. CLUB will designate a person of authority at all times, 24 hours per day for each day of use for the 4th Annual Reedley 2024 Giant Scale Fun Fly-In Event. Contact information for the designated person must be provided to the CITY.
H. CLUB will be responsible for placing "X" on both ends of the runway indicating a closed runway during the event times. "X" will need to be removed daily when runway is open and placed each time the runway closes.
I. CLUB will assign a person to listen over the radio the entire duration of the event for air traffic and have eyes in the sky watching for air traffic over the four ( 4) days.
J. CLUB will designate a point of contact for pilots with airplanes at the Reedley Airport.
K. CLUB will ensure all model aircrafts and equipment are removed from the runway when a general aviation aircraft has been approved to takeoff or land.
L. Fire Safety-fire lines are required and must be present before the first day of the event.
CLUB and CITY agree to split the cost between both organizations being financially responsible for 50% of the cost to meet this requirement.
ARTICLE 8 - EVENT COORDINATOR/CONTEST DIRECTOR
8.1 CLUB acknowledges that the Event Coordinator/ Contest Director is responsible for the safety, security, efficiency and control of all activities on the Reedley Municipal Airport.
A. Direct the location/relocation of any persons or equipment involved in the 4th Annual Reedley 2024 Giant Scale Fun Fly-Iri Event.
B. Direct a halt, "Land all Aircraft", "Knock-It-Off', or other such control instructions/directions during any portion of the 4th Annual Reedley 2024 Giant Scale Fun Fly-In Event.
ARTICLE 9 - AIRPORT MANAGER
A. Approve the site map (see Ex],ibit C) which identifies the locations for activities and parking related to the 4th Annual Reedley 2024 Giant Scale Fun Fly-In Event.
B. Publish applicable Notice to Airman (NOTAMS), (see Exhibit D) C. Provide notice to the local tenants about the event and the windows of time the airport will be open for landings and takeoffs. (see Exhibit E).
D. Be involved as an observer/overseer to any extent deemed necessary and attend the safety meeting with all participants involved.
E. Direct a halt, "Halt all Aircraft", "Knock-It-Off', or other such control instructions/directions during any portion of the 4th Annual Reedley 2024 Giant Scale Fun Fly-In Event.
F. Airport access keys will be granted to CLUB.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. 4 Dated: -------------
Dated: S - )-- .- 2--'f
City of Reedley
BY:
BY:
Nicole R. Zieba, City Manager
CLUB
Erik LaCour: President of Clovis Radio Control
Helicopter Club (CRHC)
5 EXHIBIT A
DAY USE AND OVERNIGHT CAMPING
AT
REEDLEY MUNICIPAL AIRPORT
1. Hours of operation for 4th Annual Reedley 2024 Giant Scale Fun Fly-In Event are as follows:
Wednesday, May 22, 2024 starting at 9:00am thru Thursday May 23, 2024 ending at 11:59am Event Set Up
Overnight Camping only allowed in the south area of the airport Thursday, May 23, 2024
4th Annual Reedley 2024 Giant Scale Fun Fly-In Event: 12:00pm - 8:59pm. No night flying after 9pm.
Overnight Camping
Friday, May 24, 2024
4th Annual Reedley 2024 Giant Scale Fun Fly-In Event: 9:00am - 8:59pm. No night flying after 9pm.
Overnight Camping
Saturday, May 25, 2024
4th Annual Reedley 2024 Giant Scale Fun Fly-In Event: 9:00am - 8:59pm. No night flying after 9pm.
Overnight Camping
Sunday, May 26, 2024
4th Annual Reedley 2024 Giant Scale Fun Fly-In Event: 9:00am - 11 :59am Sunday, May 26, 2024 starting at 12:00pm thru Monday, May 27, 2024 ending at 11:59am Event Clean Up
Overnight Camping (Sunday)
2. Day Use & Overnight Camping: CLUB is responsible for the following:
A. Area Safety and Security (for its own officers, agents, members, volunteers and subcontractors/non-CAM participants, vendors, guests and spectators.
B. Access and control of (its own officers, agents, members, volunteers and subcontractors/nonCLUB participants, vendors, guests and spectators.) C. 100% control of the airfield access through main gate as well as the spectator gate when open as authorized by the Airport Manager.
D. Trash collection and pick-up.
E. Restroom facilities.
6 EXHIBITB
RELEASE AND WAIVE OF LIABILITY AGREEMENT
I, _____________________ ("Participant"), acknowledge that I have voluntarily applied to participate in the 3rd Annual Reedley 2023 Giant Scale Fun Fly-In Event.
I AM AW ARE THAT THESE ACTIVITIES ARE HAZARDOUS ACTIVITIES AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THESE
ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY
AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I UNDERSTAND THAT PHYSICAL ACTIVITY, COMPETITION, OR UNWANTED OR UNEXPECTED CONTACT OF EFFECT. I HA VE INSPECTED THE AREA OF THE EVENT AND FOUND IT TO BE SAFE AND FIT FOR ITS INTENDED PURPOSES.
I verify this statement by placing my initials here: _______ _ Parent or Guardian's initials (if under 18): ___________ _ As consideration for being permitted to participate in these activities and use the Reedley Municipal Airport premises and facilities, I forever release the City of Reedley, __ CLUB ____ and each of their respective directors, officers, employees, volunteers, agents, contractors, and representatives (collectively "Releasees") from any and all actions, claims, or demands that I, my assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, or property damage, related to (1) my participation in the EVENT, (2) the negligence or other acts, whether directly connected to these activities or not, and however caused, by and Releasees, or (3) the condition of the premises where activities occur, whether or not I am then participating in the activities. I also agree that I, my assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives will not make a claim against, sue or attach the property of any Releasee in connection with any of the matters covered by foregoing release.
I HA VE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM
AWARE THAT TIDS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF, THE City of Reedley, AND ___ CLUB __ ~ AND SIGN IT OF MY OWN FREE WILL.
If Signed by Parent or Guardian: I verify that the dangers of the activities and the significance of this Release and Waiver were explained to the Participant and that the Participant understood them.
Executed at ___________ , California on---------~ 20 __ _
PARTICIP ANT/RELEASOR PARENT OR GUARDIAN
Sign _________________ _
Sign _________________ _
Address: ________________ _
Address: ----------------
IF YOU ARE UNDER 18 YEARS OF AGE, YOU AND YOUR PARENT OR GUARDIAN MUST SIGN AND INITIAL
THIS FORM WHERE IND I CA TED
7 EXHIBIT C
AIRPORT EVENT SITE MAP
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LEGEND FUTURE
AIRFIELD PAVEMENT ~-.~ .. -_ .• ,_. • REEDLEY MUNICIPAL AIRPORT¼ oov,No TERMINAL PAVEMENT ~ A CITY OF REEDLEY AW.Tl'.>H F,aJTY 3 ROADS & AUTO PARKING ~ REEDLEY CALIFC>IIII<\ BUILOINGS ~ TERMINAL AREA DRAWING Of 4
WADELL ENGINEERING CORPORATION AIRPORT PLANNWG • ENGNEERNG • MANAGEMENT son franclsco bov area ,::-,:.=~'.=-,::-_,. ; .. ;: :_ I"""""' RPY1 ...,,_. 13"' I""'""'......, 131 +-JTAD :'.: ::::N EXHIBIT D.
NOTAM
NOTAM 05/2024 RC Event
05/ 032 RWY 16/34 WIP MEN AND EQPT 2405221600-2405271900 05/ 032 TWY A BTN RWY 16/34 AND TWY B CLSD 2405221600-
2405261900
05/ O32'RWY 16/34 CLSD DLY 0230-0400 2405250230-2405260400 05/ 032 RWY 16/34 CLSD DLY 1600-0030 2405241600-2405260030 05/ 032 RWY 16/34 CLSD 2405240230-2405240400
05/ 032 RWY 16/34 CLSD 2405231900-2405240030
EXHIBIT E.
Copy of Reedley Airport Tenant Notification
Important Information-The City of Reedley is working with the Clovis Radio Control Helicopter Club (CLUB) for a Giant Scale Fly-in Event scheduled on Thursday May 23, 2024 at 12:00pm thru Sunday May 26, 2024 at 12:00pm. The CLUB will start setting up on Wednesday May 22, 2024 so expect activities around the airport getting ready for the event. The airport will close Thursday May 23 at noon-9pm except for the window in the evening (5:30pm-7:30pm). Friday and Saturday the airport is closed from 9am-9pm except for the window in the evening (5:30pm-7:30pm) Sunday the airport is closed from 9am-noon and the airport opens at noon. During the dates of the event the runway will be closed except for the windows of times identified in the evenings (5:30pm7:30pm). The CLUB will cleanup from the event into Monday May 27, 2024 but the airport will resume normal operations on Sunday May 26, 2024 at 12:00pm.
During the dates of the event, the point of contact at the Airport from the CLUB is Erik Lacour at 559 307-4253.
If you have any questions please contact Sarah Reid, Airport Manager at sarah. [email protected] or 559 637-4203 ext. 234.
DATE: April 9, 2024
REEDLEY CITY COUNCIL
l:g] Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 5 ----
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A FIVE-YEAR
AGREEMENT WITH C&S COMPANIES FOR AIRPORT CONSUL TANT
SERVICES
SUBMITTED: Sarah Reid
Community Services Dir c
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Approve and authorize the City Manager to sign a five-year agreement with C&S Companies for airport consultant services.
BACKGROUND
Every five years the Federal Aviation Administration (FAA) requires airport sponsors to advertise for airport consulting services. The guidance for this process can be found within the FAA Advisory Circular (AC) 150/5100-14E. Therefore, a Request for Qualifications (RFQ) was advertised in the Mid Valley Times, with the Association of California Airports (ACA), the Southwest Chapter of American Association of Airport Executives (SWAAE), and on the City of Reedley website. The deadline for qualification packages was January 19, 2024, in which three responses from consulting firms were received; Brandley Engineering , Borrelli and Associates Inc., and C & S Companies.
The FAA AC 150/5100-14E states a review process must take place to select the consulting firm based on qualifications and experience. Fees will be determined through negotiations following the selection process. The RFQ described the submittal requirements and selection process the City of Reedley will follow. A Selection Committee was formed which consisted of the City of Reedley Community Services Director, City of Reedley Community Development Director, an Airport Commissioner, and a Professor from Reedley College Flight Science Program. The Selection Committee used the selection process to review and rank the three consulting firm's proposals. The Selection Committee scored C&S Companies the highest.
Staff brought this item for discussion to the Airport Commission at the regularly scheduled meeting on Thursday, March 14, 2024. After discussion on this item, the Airport Commission voted unanimously that C&S Companies was the best fit, and most qualified firm for airport consulting services for the Reedley Municipal Airport.
The City of Reedley and C&S Companies have successfully completed many design and construction projects at the Reedley Municipal Airport which most recently include; design and construction of the north apron area and the design and construction for the Runway Preservation Project. All projects have been completed by the deadline and within budget.
These projects have made the airport more viable to the aviation system and increased safety for its pilots.
C&S Companies plays an integral part in communication with the FAA and California Department of Transportation Division of Aeronautics (Caltrans) by initiating the grant paperwork, creating the annual Airport Capital Improvement Projects (ACIP) sheets, generating the grant reporting paperwork for reimbursements and serve as the point of contact for contractors. The anticipated projects over the next five years include; design and construction of the above ground fuel farm, installation of runway end lights, taxiway overlay, continuing to address the pavement condition of the apron heading to the south, and replace runway edge lights with LEDs.
FISCAL IMPACT
The fees for C&S Companies which are associated with the ACIP are 90% reimbursable through the FAA grant program and when funding is available, 4.5% reimbursable by the California Department of Transportation Division of Aeronautics. The City of Reedley is responsible for the local match of 5.5% and the entire 10% match when state funding is not available.
COMMITTEE/COMMISSION REVIEW/ACTIONS
At the Airport Commission meeting on March 14, 2024, the Commission recommended the City Council approves a five-year agreement with C&S Companies to continue providing airport consultant services for the Reedley Municipal Airport.
PRIOR COUNCIL ACTIONS
In 2008, 2013, and 2018, the City Council approved five-year agreements with C&S Companies for airport consulting services.
ATTACHMENTS
Airport Consulting Services Contract with C&S Companies Motion: -----
Second: -----
AIRPORT CONSULTING SERVICES CONTRACT
This Agreement, effective as of this 9 day of April, 2024, is by and between:
CITY OF REEDLEY, REEDLEY MUNICIPAL AIRPORT hereinafter referred to as the SPONSOR AND C&S ENGINEERS, INC. hereinafter referred to as the CONSULTANT.
FOR THE PURPOSE of providing design, engineering and construction management services for both AIP and potential non-federally funded projects for the Reedley Municipal Airport. All work will be required to meet Federal Aviation Administration (FAA) standards and California Department of Transportation (Caltrans) Aeronautics Division Standards.
The scope of services includes, but is not limited to, the following tasks:
• Environmental studies, assessments, and reports to include requirements of CEQA, NEPA, CATEX and associated regulations; and representing the City in discussions with regulatory agencies.
• Assist in preparation and development of the Airport Capital Improvement Plan (ACIP).
Prepare necessary applications and documentation for Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding.
• Project engineering; airfield civil and electrical engineering for ACIP projects including terminal, runways and taxiways and associated tasks.
• Miscellaneous airport engineering and consulting support services as may be required from time to time by the City of Reedley. These consultant services may include representing the City in discussions with FAA regarding the work program, grant requirements and project documentation.
• Special Services may include:
1. Airport business and operational consulting.
2. Assisting Reedley Municipal Airport in the preparation of necessary applications for local, state, and federal grants.
3. Soils investigations, including core sampling, laboratory tests, quality assurance related analyses and reports.
4. Detailed mill, shop, and/or laboratory inspections of materials and equipment.
5. Land surveys and topographic maps.
6. Public information and community involvement surveys, studies and activities.
7. Pen and ink changes to ALP.
The Sponsor and Consultant do hereby mutually agree to the following:
ARTICLE ONE - SERVICES AND RESPONSIBILITIES
1.1 Employment of the Consultant. In consideration of the mutual promises contained in this Agreement, the Sponsor engages the Consultant to render airport consulting services in furtherance of the Sponsor's development, operation, and management of airports under the control of the Sponsor in accordance with all the terms and conditions contained in this Agreement, and pursuant to Authorization( s) of Services issued pursuant to this Agreement for specific projects, which Authorization(s) shall be attached to and by this reference made a part of this Agreement.
1.2 Scope of Services. The Consultant shall do, perform, and carry out, or cause to be done, performed, and carried out, the services generally outlined below and specifically indicated in future task orders to be incorporated by reference hereto. In providing services under this Agreement, the Consultant will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. To assist it in doing, performing, and carrying out the services, the Consultant is authorized to utilize the services of independent contractors, consultants, and subconsultants, when such services are warranted and agreed upon by the Sponsor.
(a) General Services. The Consultant shall render services as the Sponsor's airport consultant, giving consultation and advice as needed. The Consultant shall provide general project administration, financial planning, and management services, including, but not necessarily limited to, consultation regarding priority determination, funding sources, and scheduling of work for the design and construction of airport maintenance and development projects. (b) Planning and/ or Feasibility Studies. For all services not covered under the above general services, separate Authorization of Services will be prepared as required.
Each Authorization of Services for planning and/ or feasibility studies shall set forth the specific services to be performed; the time limits, if any, within which such services are to be performed; the compensation to be paid the Consultant for its services; and other special conditions or provisions which apply to the particular study and are not addressed elsewhere in this Agreement. The Consultant may elect not to perform any services before execution of such an Authorization of Services. ( c) Airport Engineering Services. The Consultant shall assist the Sponsor in determining the extent of engineering projects and shall perform the phases of preliminary design, final design, bidding, and construction administration. Specific engineering services will be included under a Scope of Services in an attached Authorization of Services. One or more separate Work Orders will be prepared for each project and when signed by the parties, becomes a part of this Agreement.
Each Work Order shall set forth, in addition to the specific services to be performed in connection with the project described therein, the time limits, if any, within which such services are to be performed; subconsultants to be utilized; the compensation to be paid the Consultant for its services; and any other special conditions or provisions which apply to the subject project and are not addressed elsewhere in this Agreement. The Consultant may elect not to perform any services before execution of an Authorization of Services.
1.3 Responsibility of the Consultant. The Consultant shall be responsible for the quality, technical accuracy, and the coordination of all services provided by the Consultant under this Agreement.
1.4 Responsibility of the Sponsor. The Sponsor shall cooperate with the Consultant by making a diligent effort to provide everything reasonably necessary for the Consultant to be able to provide its services, including all previous plans, drawings, specifications and design and construction standards ( on the accuracy of which the Consultant may rely in performing its services); assistance in obtaining necessary access to public and private lands; legal, accounting, and insurance information required for various projects; and necessary permits and approval of governmental authorities or other individuals.
1.5 Subcontracts. At the time subcontracted services are anticipated, the Consultant shall notify the Sponsor of the nature of and need for such services and identify the proposed subcontracting firm. The Consultant must receive approval in writing from the Sponsor prior to utilization of a subconsultant. The Sponsor's approval will not be withheld unreasonably.
1.6 Time of Performance. The general services of the Consultant shall be available on a continuous basis for a period of Five (5) years commencing as of the effective date of this Agreement set forth above. Specific services described in all attached Authorization of Services shall be undertaken and completed in the sequence and timeframe agreed upon and specified in each Authorization of Services. It is understood that specific services begun during the Time of Performance as outlined above may require the services of the Consultant beyond the termination date of this Agreement, in which case the provisions of this Agreement will remain in effect until the specific services are complete.
ARTICLE TWO - COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. All compensation for services rendered by the Consultant shall be based upon criteria established below which relate to the type of services provided and must be billed through the Consultant.
(a) General Services. Compensation for general services authorized by the Sponsor shall be based upon agreement between the Sponsor and the Consultant. General services may be included in the Consultant's scope of services. The Consultant and any of its subconsultants must provide hourly rate schedules which will be approved by and placed on file with the Sponsor. Such hourly rate schedules will establish a billing note for each employee category which includes direct salary, overhead, and profit and shall constitute the full and complete compensation per hour of services performed by the Consultant. Eligible expenses shall be reimbursed by the Sponsor based upon submittal of expense reports and/or receipts if requested. All eligible expenses will be outlined and generally approved by the Sponsor beforehand and will include only non-overhead items directly related to the services performed, such as, but not limited to, transportation, subsistence, reproduction of documents, computer costs, but not purchases of same and all purchases which become the property of the Sponsor. The Consultant may submit revised hourly rate schedules when changes occur and adjustments are necessary, provided that such changes are approved by the Sponsor and no other adjustments have been approved during a period of no less than six ( 6) months prior to the requested adjustment. The Consultant's 2024 rate schedule is attached hereto as Exhibit "A".
(b) Project Services. Compensation for services rendered by the Consultant shall be negotiated with the Sponsor and formally agreed to in a Work Order that will become an amendment to this Agreement.
A Work Order shall include labor projections by task and will result in a lump sum fee for the service, unless otherwise specified. This fee will constitute full and complete compensation for services performed by the Consultant and/or its subconsultants.
2.2 Method of Payment. The Sponsor shall pay the Consultant pursuant to the agreed-upon rate schedule the appropriate rate or fixed price amount for services rendered as described in Paragraph 2.1 of this Agreement only after the Consultant has specified that it has performed the services and is entitled to the amount requisitioned under the terms of this Agreement.
(a) General Services. For general services rendered through authorization from the Sponsor, the Consultant shall submit a requisition for payment outlining actual hours and expenses incurred once the services are performed or at monthly intervals. Payments shall be subject to receipt of requisitions for payment from the Consultant specifying that it has performed the services and is entitled to the full amount requisitioned under the terms of this Agreement. (b) Major Project Services. For services rendered under an Authorization of Services, the Sponsor shall pay to the Consultant not more than the fixed-fee amount set out in the particular Authorization of Services. Payment shall be at monthly intervals subject to receipt ofrequisitions for payment from the Consultant specifying that it has performed the services and is entitled to the full amount requisitioned under the terms of the Authorization of Services and this Agreement. Requisitions for payment will be based upon the percentage of the Consultant's services actually completed during the monthly billing period in relation to all services to be performed under that particular Authorization of Services.
2.3 Consultant Responsibilities for Compensation. The Consultant shall prepare monthly invoices and progress reports which clearly indicate the progress to date and the amount of compensation due by virtue of that progress. All requisitions for payment shall be for services completed unless otherwise agreed to by the Sponsor. The Consultant shall also prepare the necessary forms and Requisitions for Payment under the State of California and/or Federal project grant application requirements.
2.4 Billing Address. All billing will be to address, 845 G Street, Reedley, CA 93654 and emailed to Accounts.Payable(a)reeclley. ca.gov and the Airport Manager.
2.5 Sponsor Responsibilities for Compensation. The Sponsor agrees to pay the Consultant's invoices net upon receipt. At no time will payment of requisitions exceed thirty (30) days from the date of the invoice without notification to the Consultant. It is expressly understood that the Sponsor has the right to withhold payment on an invoice if it believes that the Consultant has not performed the requisitioned services in a satisfactory manner.
If the Sponsor decides to withhold payments to the Consultant for any reason, it must provide written notification and an explanation to the Consultant within ten (10) days of the date of the invoice. If any payments are not made when due, then the Consultant may suspend services under this Agreement until payment has been made in full or other satisfactory arrangements have been made.
2.6 Notice. All notices or demands are deemed to have been given or made when delivered in person or mailed by certified, registered, or express mail, return receipt requested, postage prepaid, United States mail, and addressed to the respective parties as follows:
Sponsor:
Sarah Reid
Airport Manager
City of Reedley
100 N. East A venue
Reedley, CA 93654
Consultant:
Ken Gethers
Managing Engineer
C&S Engineers, Inc.
2355 Northside Dr., Suite 350
San Diego, CA 92108
The address to which any notice or demand may be given to either party may be changed by written notice.
ARTICLE THREE - CHANGES TO THE SCOPE OF SERVICES
The Sponsor may, at any time and by written order, make changes in the services to be performed under this Agreement and such changes must be agreed to in writing by both parties. If such changes cause an increase or decrease in the Consultant's cost or time required for performance of any services under this Agreement, then an equitable adjustment shall be made and the Agreement shall be modified in writing accordingly. Any claim of the Consultant for adjustment under this Article Three must be submitted in writing within thirty (30) days from the date ofreceipt by the Consultant of the notification of change.
ARTICLE FOUR - TERMINATION OF THE AGREEMENT
4.1 Termination for Convenience. The Sponsor may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Sponsor, the Consultant must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Sponsor all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Sponsor agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice.
Compensation will not include anticipated profit on non-performed services.
Sponsor further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
4.2 Termination for Default. Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement.
a) Termination by Sponsor: The Sponsor may terminate this Agreement in whole or in part, for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Sponsor approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Sponsor all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Sponsor agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice.
Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Sponsor determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Sponsor issued the termination for the convenience of the Sponsor. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Sponsor:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant.
Upon receipt of a notice of termination from the Consultant, Sponsor agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Sponsor and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Sponsor's breach of the contract.
In the event of termination due to Sponsor breach, the Engineer is entitled to invoice Sponsor and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Sponsor agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
ARTICLE FIVE - ASSURANCES
5.1 Access to Records and Reports. The Consultant must maintain an acceptable cost accounting system. The Consultant agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Consultant which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
5.2 Breach of Contract Terms. Any violation or breach of terms of this contract on the part of the Consultant or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
Sponsor will provide Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Sponsor reserves the right to withhold payments to Consultant until such time the Consultant corrects the breach or the Sponsor elects to terminate the contract. The Sponsor's notice will identify a specific date by which the Consultant must correct the breach. Sponsor may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in the Sponsor's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
5.3 General Civil Rights. The Consultant agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
5.4 Title VI Solicitation Notice:
The Owner, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 ( 42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis ofrace, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federalaid recipients, sub-recipients and Consultants, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990 ( 42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations ( ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Compliance with Nondiscrimination Requirements
During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant"), agrees as follows:
1. Compliance with Regulations: The Consultant (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of sub-consultants, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential sub-consultant or supplier will be notified by the Consultant of the Consultant's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the Sponsor or the Federal A via ti on Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Consultant under the contract until the Consultant complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a sub-consultant, or supplier because of such direction, the Consultant may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States.
5.5. Clean Air and Water Pollution Control. Consultant agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act ( 42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-13 87). The Consultant agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
5.6 Contract Workhours and Safety Standards Act Requirements
1. Overtime Requirements.
No Consultant or sub-consultant contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph ( 1) of this clause, the Consultant and any sub-consultant responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and sub-consultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or sub-consultant under any such contract or any other Federal contract with the same prime Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or sub-consultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
4. Sub-consultants.
The Consultant or sub-consultant shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the sub-consultant to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any sub-consultant or lower tier sub-consultant with the clauses set forth in paragraphs ( 1) through ( 4) of this clause
5.7 Certification Regarding Debarment. The Consultant certifies, by acceptance of this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Consultant or any lower-tier participant is unable to certify to this statement, _it shall attach an explanation to the solicitation.
5.8 Disadvantaged Business Enterprises Contract Assurance. Contract Assurance ( 49 CFR § 26.13) - The Consultant, subrecipient or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions
3) Liquidated damages; and/ or
4) Disqualifying the Consultant from future bidding as non-responsible.
Prompt Payment ( 49 CFR § 26.29) - The prime Consultant agrees to pay each subconsultant under this prime contract for satisfactory performance of its contract no later than 7 days from the receipt of each payment the prime Consultant receives from Sponsor.
The prime Consultant agrees further to return retainage payments to each sub-consultant within 7 days after the sub-consultant's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [Name of Recipient]. This clause applies to both DBE and non-DBE sub-consultants.
Termination of DBE Subcontracts ( 49 CFR § 26.53(f)) - The prime Consultant must not terminate a DBE sub-consultant explicitly listed in this agreement (or an approved substitute DBE firm) without prior written consent of the Sponsor. This includes, but is not limited to, instances in which the prime Consultant seeks to perform work originally designated for a DBE sub-consultant with its own forces or those of an affiliate, a nonDBE firm, or with another DBE firm.
The prime Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Consultant obtains written consent of the Sponsor. Unless the Sponsor consent is provided, the prime Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
The Sponsor may provide such written consent only if the Sponsor agrees, for reasons stated in the concurrence document, that the prime Consultant has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to the Sponsor its request to terminate and/or substitute a DBE subconsultant, the prime Consultant must give notice in writing to the DBE sub-consultant, with a copy to the Sponsor, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime Consultant must give the DBE five days to respond to the prime Consultant's notice and advise the Sponsor and the Consultant of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Sponsor should not approve the prime Consultant's action. If required in a particular case as a matter of public necessity (e.g., safety), the Sponsor may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
5.9 Distracted Driving. In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the Sponsor encourages the Consultant to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Consultant must include the substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.
5.10 Energy Conservation Requirements. Consultant and Subconsultant agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 620let seq).
5.11 Federal Fair Labor Standards Act. All contracts and subcontracts that result from this Agreement incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor- Wage and Hour Division.
5.12 Trade Restriction Certification. By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror - 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Offeror/Consultant must provide immediate written notice to the Owner if the Offeror/Consultant learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTRor
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
5.13 Lobbying and Influencing Federal Employees. The Consultant certifies by signing and submitting this Agreement, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
5.14 Occupational Safety and Health Act of 1970. All contracts and subcontracts that result from this Agreement incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor - Occupational Safety and Health Administration.
5.15 Rights to Inventions. Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 3 7 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14.
Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
5.16 Certification of Consultant Regarding Tax Delinquency and Felony Convictions. The Consultant must complete the following two certification statements. The Consultant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark ( ✓) in the space following the applicable response. The Consultant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
1) The Consultant represents that it is ( ) is not ( ✓ ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
2) The applicant represents that it is ( ) is not ( ✓ ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 5 .1 7 Veteran's Preference. In the employment of labor ( excluding executive, administrative, and supervisory positions), the Consultant and all sub-tier consultants must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
5.18 CAL TRANS Review and Approval. On projects involving State Airport Development Agreements, CAL TRANS shall approve all plans and specifications prior to bid advertisement. In addition, all change orders shall also be approved by CAL TRANS.
5.19 Ownership of Documents and Other Data. Original documents, such as tracings, plans specifications, maps, basic survey notes and sketches, charts, computations, and other data prepared or obtained under the terms of this Agreement are instruments of service and generally should remain in the property of the Consultant unless otherwise agreed to by both parties. Reproducible copies of the drawings and copies of other pertinent data, including available electronic files, on disk, shall be provided to the Sponsor.
ARTICLE SIX - SUSPENSION OF SERVICES
The Sponsor may order the Consultant, in writing, to suspend all or any part of the services for such period of time as it may determine to be appropriate for the convenience of the Sponsor. If the performance of all or any part of the services is, for any unreasonable period of time, suspended or delayed by an act of the Sponsor in the administration of this Agreement, or by its failure to act within the time specified in this Agreement ( or, if no time is specified, within a reasonable time), an adjustment shall be made for any increase in cost of performance of this Agreement necessarily caused by such unreasonable suspension or delay, and the Agreement and Authorization of Services, if applicable, shall be modified in writing accordingly. However, no adjustment shall be made under this Article Six for any suspension or delay to the extent (1) that performance would have been suspended or delayed by any other cause, including the fault or negligence of the Consultant, or (2) for which an equitable adjustment is provided for or excluded under any other provision of this Agreement.
ARTICLE SEVEN - LIABILITY
7.1 Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the Sponsor and its representatives, officers, directors, officials, and employees from and against any claims, direct damages, losses, and expenses (including, but not limited, to reasonable attorneys' fees, court costs, and the costs of appellate proceedings) resulting from or caused by the Consultant's negligent acts, errors, mistakes or omissions in the performance of services under this Agreement. The Consultant's duty to hold harmless and indemnify the Sponsor shall arise in connection with any claim, direct damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to any person, or impairment or destruction of property, including loss of use resulting therefrom, caused by any negligent act, error, mistake, or omission in the performance of the Consultant's services under this Agreement, including those by any person for whose negligent acts, errors, mistakes, or omissions Consultant may legally be liable. The amount and type of insurance coverage requirements set forth in this Agreement shall not limit the scope of the indemnity in this Paragraph 7 .1. 7 .2 Liability of Subconsultants. It shall be the responsibility of the Consultant, to assure through contractual agreement that any independent contractor, subcontractor, or subconsultant utilized by the Consultant under subparagraph ( c) of Paragraph 1.2 ,Scope of Services, shall save and hold harmless the Consultant, the Sponsor, and any of their respective representatives, officers, directors, officials, and employees who may be obligated to pay by reason of any liability imposed upon any of the above for damages arising out of, resulting from, or caused by, any negligent error, omission, or act of the independent contractor, subcontractor, or subconsultant.
ARTICLE EIGHT - INSURANCE
Without limiting Consultant's indemnification of the Sponsor, 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 Sponsor.
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 Sponsor, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Sponsor, 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, or equivalent, to provide that the Sponsor and its officers, officials, employees, and agents shall be additional insureds under such policies.
C. Professional Liability. 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 three years after completion of the services required by this agreement.
D. Proof of Insurance. Consultant shall provide to Sponsor, certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein.
Insurance certificates and endorsements must be approved by the Sponsor, prior to commencement of performance. Current evidence of insurance shall be kept on file with the Sponsor at all times during the term of this Agreement. The Sponsor reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. 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 Sponsor.
F. Enforcement of Contract Provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Sponsor to inform Consultant of noncompliance with any requirement imposes no additional obligations on the Sponsor, nor does it waive any rights hereunder.
G. 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.
H. 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 nonrenewal of coverage for each required coverage.
ARTICLE NINE - INTERESTS AND BENEFITS
8.1 Interest of Sponsor Members and Others. No officer, member, or employee of the Sponsor and no member of its governing body who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of the services to be performed under this Agreement shall participate in any decision relating to this Agreement which affects his personal interest or have any personal or pecuniary interests, direct or indirect, in this Agreement or the proceeds thereof.
ARTICLE TEN - ASSIGNMENT
The Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same, without the prior written consent of the Sponsor; provided, however, that claims for money due or to become due to the Consultant from the Sponsor under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Sponsor.
ARTICLE ELEVEN- CLAIMS AND DISPUTES
All claims, disputes, and matters in question between the Sponsor and the Consultant arising out of this Agreement which are not resolved to the satisfaction of either parties after being submitted to the City Manager, will be submitted to non-binding mediation prior to any lawsuits being filed.
The parties agree to share the costs of mediation equally. In any mediation or lawsuit, the prevailing party shall be entitled to an award of its attorney's fees and costs.
ARTICLE TWELVE- GOVERNING LAW
This Agreement shall be governed by the laws of the State of California. Any suit arising out of this Agreement shall be brought in the state courts of California, but only after the review procedure specified in Article 11 .
IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Agreement as of the date first written above.
City of Reedley, California
By:
Name: --------------
Title:
C&S Engineers, Inc.
By:
Name: _____________ _
Title:
LABOR CATEGORY
President
Senior Vice President
Vice President
Operations Manager
Service Group Manager
Department Manager
Senior Principal
Principal Engineer
Managing Engineer
Chief Engineer
Senior Project Engineer
Project Engineer
Engineer
Staff Engineer
Principal Architect
Managing Architect
Senior Project Architect
Project Architect
Architect
Program Manager
Project Manager
Senior Project Manager
Senior Project Landscape Architect
Managing Environmental Scientist
Senior Project Environmental Scientist
Project Environmental Scientist
Environmental Scientist
Geologist
Senior Project Designer
Project Designer
Senior Designer
Designer
Designer Technician
Designer Technician (OT Rate)
Senior Program Coordinator
Program Coordinator
Grants Writer
Grants Administrator
Assistant Grants Administrator
Managing Director
Director
Associate Director
Associate Director, Terminal
Principal Consultant
Principal Consultant 1
Senior Consultant
Senior Consultant 1
Consultant
Consultant 1
Construction Principal Engineer
Senior Construction Supervisor
Construction Supervisor
Resident Project Representative IV
Resident Project Representative Ill
Resident Project Representative Ill (OT Rate)
Resident Project Representative II
Resident Project Representative II (OT Rate)
Resident Project Representative I
Resident Project Representative I (OT Rate)
Construction Manager 1
Construction Manager 2
Construction Manager 3
Resident Engineer
Senior Inspector
Office Engineer
Health & Safety Specialist
Program Director
Project Coordinator
Project Planner
Right of Way Specialist
Technical Administrator
Senior Technical Administrator
Director of BIM Services
Civil CAD Manager
Aviation CAD Leader
GISAnalyst
Office Coordinator
Intern
Managing Principal
Project Principal
Interior Design Project Manager
Interior Designer
Job Captain
Architectural Designer
Jr. Interior Designer
Specification Writer
Quality Manager
BIM Manager
Sustainable Design Leader
Sustainable Design Coordinator
OUT OF POCKET EXPENSES
TRAVEL, BY AUTO (PER MILE):
RENTAL CAR (WEEKLY)
TOLLS
PER DIEM:
BILLING RATE
$480.00
$476.00
$397.00
$365.00
$285.00
$281 .00
$265.00
$261.00
$285.00
$234.00
$243.00
$188.00
$171 .00
$143.00
$281 .00
$219.00
$199.00
$175.00
$156.00
$219.00
$180.00
$182.00
$174.00
$223.00
$174.00
$138.00
$122.00
$132.00
$170.00
$145.00
$138.00
$116.00
$94.00
$141.00
$105.00
$131.00
$134.00
$121 .00
$107.00
$259.00
$238.00
$224.00
$292.00
$210.00
$187.00
$169.00
$153.00
$146.00
$135.00
$286.00
$249.00
$213.00
$231 .00
$168.00
$252.00
$180.00
$270.00
$147.00
$220.00
$129.00
$159.00
$187.00
$200.00
$160.00
$181 .00
$159.00
$338.00
$135.00
$138.00
$222.00
$105.00
$144.00
$219.00
$241 .00
$145.00
$132.00
$100.00
$96.00
$363.00
$291 .00
$182.00
$151 .00
$154.00
$119.00
$114.00
$218.00
$259.00
$165.00
$175.00
$152.00
$0.670
$725.00
$30.00
$184.00
/MILE
/WEEK
/WEEK
/DAY
EXHIBIT A
ALLOWABLE PER DIEM RATES FOR CA
CITY/COUNTY LODGING MEALS MAX RATE
CONTRA COSTA $165 $74 $239
KERN $116 $64 $180
SAN BERNARDINO $111 $64 $175
INYO/NAWS CHINA LAKE $130 $69 $199
HUMBOLDT $129 $69 $198
FRESNO $110 $69 $179
LA/ORANGE/VENTURA/EDWARDS $182 $74 $256
MONO $148 $79 $227
MARIN $189 $74 $263
MONTEREY $240 $74 $314
NAPA $213 $79 $292
MADERA $137 $69 $206
ALAMEDA $189 $74 $263
RIVERSIDE $144 $69 $213
MENDOCINO $129 $79 $208
SACRAMENTO $145 $69 $214
SAN DIEGO $181 $74 $255
SAN FRANSISCO $333 $79 $412
SAN LUIS OBISPO $124 $74 $198
SAN MATEO $222 $74 $296
SANTA BARBARA $228 $74 $302
SANTACRUZ $172 $69 $241
CITY LIMITS OF SANTA MONICA $284 $79 $363
SONOMA $157 $74 $231
ELDORADO $135 $74 $209
SAN JOAQUIN $96 $74 $170
SANTA CLARA $140 $74 $214
PLACER $245 $74 $319
NEVADA $124 $79 $203
TULARE $126 $69 $195
YOLO $113 $69 $182
MARIPOSA $133 $79 $212
COUNTIES NOT LISTED $136 $59 $195
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-134, Selection of Consultants -Airport
Improvement Program Sponsor Certification
Paperwork Reduction Act Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid 0MB Control Number. The 0MB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Federal Aviation Administration at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, ASP-110.
FAA Form 5100-134
•~ U.S. Department of Transportation
,.-~ Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 8/31/2019
Selection of Consultants
Airport Improvement Program Sponsor Certification
Sponsor: City of Reedley
Airport: Reedley Municipal Airport
Project Number: 3-06-0196
Description of Work: Airport Consulting Services Contract (FY2024-2029) Application
49 USC§ 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications-based procedures provided they are equivalent to standards of Title 40 chapter 11 and FM Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis.
1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). l&IYes • No ON/A
2. Sponsor procurement actions ensure or will ensure full and open competition that does.not unduly limit competition (2 CFR § 200.319).
l&IYes • No ON/A
3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request-forqualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). l&IYes • No • N/A
FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3
4. The advertisement describes or will describe specific project statements-of-work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). ~Yes • No ON/A
5. Sponsor has publicized or will publicize a RFQ that:
a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). ~Yes • No ON/A
6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)). ~Yes • No ON/A
7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300).
~Yes • No ON/A
8. A/E services covering multiple projects: Sponsor has agreed to or will agree to:
a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and
b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14).
(g)Yes • No ON/A
9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). (g)Yes • No • N/A
10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). (g)Yes • No ON/A
11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.31 B(i)). (g)Yes O No • N/A
12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II) (g)Yes O No • N/A
FM Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3
13. For contracts that apply a time-and-material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish:
a. Justification that there is no other suitable contract method for the services (2 CFR §200.3180));
b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.3180)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.3180)). [8)Yes • No ON/A
14. Sponsor is not using or will not use the prohibited cost-plus-percentage-of-cost (CPPC) contract method. (2 CFR § 200.323(d)).
[81 Yes • No • N/A
Attach documentation clarifying any above item marked with "no" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete.
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both.
Executed on this day of
Name of Sponsor: City of Reedley
Name of Sponsor's Authorized Official:
Title of Sponsor's Authorized Official:
Signature of Sponsor's Authorized Official: _____________________ _ I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 DATE:
TITLE:
SUBMITTED:
APPROVED:
April 9, 2024
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
APPROVE THE FOLLOWING ACTIONS ASSOCIATED WITH THE EXPANDED
LEARNING PROGRAMS (ELP) AT T L REED AND WASHINGTON SCHOOL SITES:
A) APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A
MEMORANDUM OF UNDERSTANDING WITH KINGS CANYON
UNIFIED SCHOOL DISTRICT (KCUSD) TO PROVIDE SERVICES FOR
THE EXPANDED LEARNING PROGRAMS (ELP) AND SUPPORTING
DOCUMENTS
B) APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE
MEMORANDUM OF UNDERSTANDING WITH KINGS CANYON
UNIFIED SCHOOL DISTRICT (KCUSD) FOR STUDENT SUPPORT
SERVICES
C) APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE
MEMORANDUM OF UNDERSTANDING WITH KINGS CANYON
UNIFIED SCHOOL DISTRICT (KCUSD) TO PROVIDE INTERNSHIPS
FOR REEDLEY HIGH SCHOOL STUDENTS
D) APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE
SUMMER WORK EXPERIENCE PROGRAM (SWEP) AGREEMENT
FORM WITH KINGS CANYON UNIFIED SCHOOL DISTRICT AND
VALLEY OCCUPATI N L PROGRAM (VALLEY ROP)
Sarah Reid
Community Services Dire o
Nicole R. Zieby City Manager
RECOMMENDATION
Approve the following actions associated with the Expanded Learning Programs (ELP) at T L Reed and Washington School sites: A) Approve and authorize the City Manager to sign a Memorandum of Understanding (MOU) with Kings Canyon Unified School District (KCUSD) to provide services for the Expanded Learning Programs (ELP) and supporting documents; B) Approve and authorize the City 1 Manager to sign the Memorandum of Understanding with Kings Canyon Unified School District (KCUSD) for Student Support Services; C) Approve and authorize the City Manager to sign a Memorandum of Understanding (MOU) with the Kings Canyon Unified School District (KCUSD) to provide internships for Reedley High School students; and D) Approve and authorize the City Manager to sign the Summer Work Experience Program (SWEP) Agreement Form with Kings Canyon Unified School District (KCUSD) and Valley Regional Occupational Program (Valley ROP).
EXECUTIVE SUMMARY
The City of Reedley has provided services for the Expanded Learning Programs (ELP) at TL Reed and Washington School sites since 2006. Over the years, staff has seen the programs evolve and grow to meet the needs of the district as priorities and funding sources have changed. New this year, KCUSD has requested the City of Reedley provide agreements that cover the fiscal year from July 1-June 30, and no longer separate the summer programs. With the Expanded Learning Opportunity Program (ELOP) funding provided by the State, the school year and summer are one cohesive program with both receiving the same funding source to operate. It makes more sense currently to cover the school year and summer ELP expenses within one agreement.
There is continuous conversation between the City of Reedley, KCUSD and Community Youth Ministries (CYM) around the best use of the ELOP funding and how to best support students and program needs.
The addition of the full time Site Leads has worked out nicely and these positions are providing sites the support they need to meet program funding and audit requirements. The agreements before the City Council mimics program operations and staffing levels from last year with no significate changes.
Going into next school year a focus will remain on professional development opportunities throughout the school year. The Reedley High School Intern Program proves to be successful and will continue into next school year. Program quality continues to be enhanced with activities, field trips and vendor services offered to students. Funding these experiences will stay a high priority to support student recruitment and retention.
During summer ELP, the City of Reedley accepts interns through the Summer Work Experience Program (SWEP) at both Washington Elementary and T L Reed School sites. This program functions differently than the internship program with KCUSD being the lead agency for student recruitment, orientation, and compensation. The City of Reedley schedules these workers in the summer ELP to work along-side paid staff in support roles. SWEP interns are limited to 100 hours from June 10-June 30, 2024. The City of Reedley has experience success with this program and would like to continue serving as a placement site.
The City of Reedley will provide support during the regular day with two (2) employees at Washington Elementary and three (3) employees at T L Reed school. Staff works directly with the school administration addressing and covering areas of need for that day. The City of Reedley hires, trains, and monitors these employees.
Since the agreements cover the summer programs, funding to offer recreation swim dates to ELP has been included with the anticipation 13 days from July 1-19, 2024 and 11 days from June 16-30, 2025.
FISCAL IMPACT
Program details and budget amounts are assumed in the City of Reedley Proposed 2024-25 Fiscal Year Budget.
ATTACHMENTS
1. Memorandum of Understanding with the KCUSD to provide services for the ELP 2 2. Memorandum of Understanding with the KCUSD for Student Support Services
3. Memorandum of Understanding with the KCUSD to provide internships for KCUSD High School Students within ELPs
4. Summer Work Experience Program (SWEP) Agreement Form 3 I. TERM
Memorandum of Understanding
BETWEEN
KINGS CANYON UNIFIED SCHOOL DISTRICT {KCUSD)
AND
CITY OF REEDLEY {CITY)
EXPANDED LEARNING PROGRAM
The effective dates of the Agreement are from July 1, 2024 to June 30, 2025. The first day of service shall be on or after July 1, 2024. Programs will run no later than June 30, 2025.
II. SERVICES TO BE PERFORMED
Services will include academic tutoring 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 program meets and during summer ELP.
CITY will provide Site Coordinators and Recreation Leaders at Washington Elementary and Thomas Law Reed School. These employees will oversee the snack distribution, provide academic tutoring, and offer enrichment 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 20 students to each Recreation Leader.
City of Reedley will provide lifeguards to oversee the Expanded Learning Summer Programs use of the Reedley High School Pool. The City will provide one {1) Pool Manager and six {6) Lifeguards for recreation swim times. 24 days of recreation swim will be available Monday-Friday between the hours of 1:30pm-3pm.
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 students' participation in this project will increase their academic skills and their opportunities for personal growth. The goal of the Expanded Learning Programs is to enhance participating students in academic skills, leadership skills, self-concept, personal awareness, improved decision-making skills, and self-motivation.
IV. MANNER OF PERFORMANCE
CITY shall perform all services required in a competent and professional manner. All CITY employee will have fingerprint clearance through DOJ and FBI, and have a negative TB test result on file {within 4 years of contract date). Each CITY employee shall complete the CITY employment application and screening process prior to participation. The CITY Expanded Learning Program Director or Designee shall review, evaluate, and determine 1 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 (as part of the total fees for services) or by After School Education and Safety Program Act of 2002 (ASES).
VI. PLACE OF PERFORMANCE
CITY shall render service(s) described above at the following location: Washington Elementary and Thomas Law Reed School.
VII. COMPENSATION
The maximum to be paid to CITY by KCUSD for all services and materials, including employer costs, provided under the terms of this Agreement shall not exceed $1,721,575. For these services, CITY will invoice KCUSD at intervals agreed upon by both parties.
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 indemnification, CITY 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 June 30, 2025. Any party may terminate this agreement at any time for any reason upon written 30 days' notice. In the event of early termination, CITY 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. 2 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 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: CITY:
John Campbell Date Nicole R. Zieba Date
Superintendent City Manager
3 I. TERM
Memorandum of Understanding
BETWEEN
KINGS CANYON UNIFIED SCHOOL DISTRICT (KCUSD)
AND
CITY OF REEDLEY (CITY)
STUDENT SUPPORT SERVICES
The effective dates of the Agreement are from July 1, 2024 to June 30, 2025. The first day of service shall be on or after July 1, 2024. Programs will run no later than June 30, 2025.
II. SERVICES TO BE PERFORMED
CITY will provide personnel who will support students and staff by taking direction from site administration in providing various supports to students and staff during the regular school day.
Services will be provided from 7:30 am to 3:00 pm at each site throughout the contracted days.
CITY will provide two staff persons at Washington Elementary (TK-5 grade) and three staff persons at Thomas Law Reed School.
CITY will provide personnel who possess the following qualifications and experience: Associate's Degree or 48 units of college/university credit, and clear DOJ and FBI background checks.
CITY will provide administration, recruitment, coordination, field site supervision, general implementation, and professional development for the programs.
CITY will provide professional development for each staff member including classroom management, lesson planning and implementation, and child development principles. Ongoing evaluation, training and coaching of staff are also included.
CITY will complete reporting procedures required by KCUSD administration (e.g., attendance tracking, site profiles), as needed.
KCUSD will provide program specifics/direction and supplies.
Ill. COMPENSATION
The maximum to be paid to CITY by KCUSD for all services and materials, including employer costs, provided under the terms of this Agreement shall not exceed $260,173. For these services, CITY will invoice KCUSD at intervals agreed upon by both parties.
1 IV. 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.
V. LIABILITY INSURANCE
Without limiting CITY indemnification, CITY 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.
VI. TERMINATION OF AGREEMENT
This Agreement terminates June 30, 2025. Any party may terminate this agreement at any time for any reason upon written 30 days' notice. In the event of early termination, CITY shall be paid for satisfactory work performed to the date of termination.
VII. 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 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
Date
CITY:
Nicole R. Zieba
City Manager
2 Date
Memorandum of Understanding
BETWEEN
KINGS CANYON UNIFIED SCHOOL DISTRICT
AND CITY OF REEDLEY
TO PROVIDE INTERNSHIPS FOR KCUSD HIGH SCHOOL STUDENTS WITHIN THE ELPs I. TERM
The effective dates of the Agreement are from July 1, 2024 - June 30, 2025. The first day of service shall be on or after July 1, 2024.
II. SERVICES TO BE PERFORMED
City of Reedley (CITY) will provide paid internships for approximately fourteen (14) Kings Canyon Unified School District (KCUSD) High School students within the Expanded Learning Program (ELP). These students will have been pre-screened and trained by High School administrators and meet the following requirements:
• Junior or Senior year (Seniors preferred)
• GPA 3.0 or above (preferred)
• 7th Period Elective class (preferred)
• Well-rounded student (e.g., already involved in the Student Transition Program, Mentoring for Success Program, etc., preferred)
Interns will be placed at K-5 and K-8 schools within the KCUSD and assigned to ELP staff. Interns will be involved in the following activities/tasks:
• Assist with preparation of age appropriate enrichment activities • Assist with lesson planning and evaluations
• Reinforce instruction and assist students in completing homework and assignments • Assist with preparation of grade-level supplemental materials/activities so that homework time remains academic
• Assist with preparation and implement of age-appropriate recreation activities • Provide consistent supervision of children at all times • Assist with maintaining a class environment conducive to student growth and participation by using classroom management techniques
• Affirm/encourage/praise student abilities and value each student • Contribute to a supportive team atmosphere
• Attend and actively participate in team meetings, as assigned Interns will be expected to present themselves in a professional manner at all t imes and have appropriate language, attitude, attire, and content when around children. In addition, they will be expected to follow all CITY, school, and KCUSD policies. Interns will not be permitted to work
unsupervised when interacting with children or with middle school students.
CITY will pay the interns at the minimum wage rate for their time worked. Interns will work approximately 15 hours per week, during the regular school year and during summer ELP.
CITY will provide administration, planning, coordination, professional development, field site supervision, and general implementation for the internship program, in conjunction with administrators from each KCUSD High School that has students in the program.
CITY will provide professional development for each intern including classroom management, lesson planning and implementation, and child development principles. Ongoing evaluation, training and coaching of the interns are also included.
CITY will complete reporting procedures required by KCUSD administration (e.g., attendance tracking, site profiles).
Ill. PURPOSE OF PROGRAM
To provide opportunities for students to participate in "world of work" experiences within the education field. These types of internships help add relevance and make connections from what students are learning in the classroom to the work setting. In addition, these internships will provide a path for qualified interns to acquire an ELP staff position upon graduation, and reduce the onboarding and training time needed when transitioning into a staff role. As such, the Internship Program will benefit both the students and the program provider.
IV. PLACE OF PERFORMANCE
CITY shall render services described above at the following locations: Thomas Law Reed School and Washington Elementary.
V. COMPENSATION
The maximum to be paid to CITY by KCUSD for all services and materials, including employer costs, provided under the terms of this Agreement shall not exceed $197,016. Interns will be paid at the minimum wage rate for their time worked. For these services, CITY will invoice KCUSD at intervals agreed upon by both parties.
VI. INDEMNIFICATION
Each party shall indemnify, hold harmless and, if requested, defend the other party, its officers, agents, employees and members of its governing board, from and against any and all 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 and/or negligence in performing and/or failing to perform its duties and/or obligations under this Memorandum of Understanding.
VII. LIABILITY INSURANCE
Without limiting CITY's indemnification, CITY 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.
VIII. TERMINATION OF AGREEMENT
This Agreement terminates effective June 30, 2025. Any party may terminate this agreement at any time for any reason upon written 30 days' notice. In the event of early termination, CITY shall be paid for satisfactory work performed to the date of termination.
IX. 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 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
Date
CITY:
Nicole R. Zieba
City Manager
Date
Summer Work Experience Program
Kings Canyon Unified School District/Valley ROP
180110th Street, Reedley, CA 93654
SWEP Agreement Form
Student Responsibilities:
1. Must attend and complete Mandatory Orientation and workshops to be eligible for SWEP.
2. Keep regular attendance, both in school and at the training/ job site. ___ _
3. Complete all sections of the application and fingerprints, if needed, as well as timesheets. ___ _
4. Demonstrate honesty, punctuality, courtesy, a cooperative attitude, proper dress and grooming habits, and a willingness to learn. ___ _
5. Ask questions of my supervisor(s) if I do not understand my job description. ___ _
6. Perform the job duties and responsibilities asked by my supervisor(s) to the best of my abilities. __
7. Do not use your electronic device during work hours. I will follow the electronic device policy at my jobsite. ___ _
8. Complete all 100 work hours during the month of SWEP in its entirety at my assigned job site. __
9. Contact your Career Coordinator of any changes or problems concerning my site. ___ _ District Responsibilities:
1. Provide Workers Compensation Insurance for students involved in SWEP.
2. Assist students 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.
Business Responsibilities
1. The business/ training site shall provide a safe/hazard free environment.
2. Shall be required to abide by all Child Labor Laws for the State of California.
3. Understand that a SWEP student worker is riot to replace a regular employee.
4. Consult with the SWEP Coordinator should any issues arise with the trainee and/or program.
5. Provide time to meet with the student and explain expectations and Standard Operating Procedures.
6. Immediately call SWEP Internship Coordinator before eliminating a trainee from your business.
My signature below indicates that I agree to consider the SWEP student and may receive a Letter of Reference upon successful completion of his/ her subsidized hours.
Parent Responsibilities
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.
4. Understand that placement of the SWEP Student Worker is based on need not interest.
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 9, 2024
REEDLEY CITY COUNCIL
[8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: t-J ----
TITLE: ADOPT ORDINANCE NO. 2024-005, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF REEDLEY IMPLEMENTING A TWENTY-FOUR
MONTH ENTITLEMENT PERMIT EXTENSION PROGRAM
SUBMITTED: Rodney L. Horton, Director
Community Development
APPROVED: Nicole R. Zieba ·
City Manager
RECOMMENDATION
!1.#:J partment
Staff recommends that the City Council Hold the Second Reading and Adopt Ordinance No. 2024-005, an Ordinance of the City Council of the City of Reedley Implementing a Twenty-Four Month Entitlement Permit Extension Program.
BACKGROUND
Since the conclusion of the Coronavirus pandemic, interest rates have increased to such a level that some developers have delayed progressing through the development process. The higher the interest rate, the more challenging it is for a developer to yield a positive financial return on the approved development. High interest rates is just a portion of what the development community is currently enduring in order to make a project financially work. The other issue is the increased cost of construction materials. Materials like cement, plywood, and steel have climbed more than ten percent in just the last six months. Rising labor costs and personnel shortages continue to linger and present another challenge to development.
Entitlement applications such as variance applications, conditional use permit applications, site plan review applications, and land division applications are prescribed a fixed time limit before the approval lapses and expires. For example, a conditional use permit will lapse one year after it becomes effective. Typically, an applicant may request an extension prior to the entitlement approval lapsing, however that is at the discretion of the granting authority. The purpose of the proposed ordinance is to pause the timeframe when an approved entitlement application becomes effective for a period of twenty-four months. On the first day of the twenty-fifth month, the paused timeframe will end and the remainder of the time period prior to the entitlement lapsing will resume.
For instance, an effective conditional use permit with ten months remaining before lapsing will be paused for twenty-four months, and the time clock on the remaining ten months will resume on the first day of the twenty-fifth month. This proposal will apply to entitlement applications that became effective on or after January 1, 2022.
On March 26, 2024, the introduction of Ordinance No. 2024-005 was presented to the City Council and a public hearing was opened. After the public hearing was closed, the City Council unanimously voted in favor of introduction and first reading of the proposed ordinance.
ENVIRONMENTAL FINDINGS
Staff has conducted a review and has determined that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) under the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because the proposed action is for Council to approve an ordinance creating a temporary time extension for entitlement permits where projects were previously environmentally assessed prior to approval, it can be seen with certainty that there is no possibility that the urgency ordinance may have a significant effect on the environment. Therefore, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3).
FISCAL IMPACT
There are no direct or indirect negative impact to the City's General Fund associated with the City Council Ordinance No. 2024-005.
ATTACHMENTS
1. Ordinance No. 2024-005
ORDINANCE NO. 2024-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY
IMPLEMENTING A TWENTY-FOUR MONTH ENTITLEMENT PERMIT
EXTENSION PROGRAM
Section 1.
The City Council finds and declares as follows:
A. The City Council understands that historic inflation rates, high interest rates, increased construction costs, and limited human resources have negatively affected commercial and residential development within the City of Reedley ("City").
B. The City Municipal Code codifies the expiration of land division, conditional use permit applications, site plan review applications, and variances.
C. Approval of entitlement applications within the last twenty-four months will benefit the City by adding single-unit residential and multi-unit residential housing units, commercial retail, restaurants, gas stations, car washes, and other commercial establishments to the City.
D. The City Council finds that it is necessary to prevent certain approved entitlement permits from lapsing. This Ordinance intends to extend the expiration date of certain planning entitlement applications issued by the Community Development Department, City Planning Commission, and/or City Council.
Section 2.
A. For th_e purpose of this Ordinance, "time period" shall be defined as "the timeframe between when an approved entitlement application becomes effective to when said application approval is set to lapse or expire."
B. For the purpose of this Ordinance, "paused" shall be defined as "a temporary stop or delay in the timeframe before an entitlement application expires or lapses." C. For the purpose of this Ordinance, "remaining time period" shall be defined as "the amount of time between the date this ordinance is adopted and the original expiration date of the paused site plan review, conditional use permit, variance, or division map."
Section 3.
A. The time period for site plan review applications approved by the City Community Development Department, the City Planning Commission, and/or the City Council on or after January 1, 2022 shall automatically be paused for twenty-four months from the adoption of this ordinance. The remaining time period shall resume on the first day of the twenty-fifth month, unless this ordinance is extended by the City Council.
Ordinance No. 2024-005
B. The time period for conditional use permit applications approved by the City Planning Commission and or the City Council on or after January 1, 2022 shall automatically be paused for twenty-four months from the adoption of this ordinance. The remaining time period shall resume on the first day of the twentyfifth month, unless this ordinance is extended by the City Council.
C. The time period for variance applications approved by the City Planning Commission, and/or the City Council on or after January 1, 2022 shall automatically be paused for twenty-four months from the adoption of this ordinance. The remaining time period shall resume on the first day of the twentyfifth month, unless this ordinance is extended by the City Council.
D. The time period for land division map applications in conformity with the Subdivision Map Act and approved by the City Planning Commission, and/or the City Council on or after January 1, 2022 shall automatically be paused for twentyfour months from the adoption of this ordinance. The remaining time period shall _ resume on the first day of the twenty-fifth month, unless this ordinance is extended by the City Council. No approved tentative map shall be extended for a period more than eight years from the original date the map application was approved.
Section 4.
If any section, subsection, sentence, clause, provision, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, provision, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5.
The City Council finds that adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b )(3), because it can be seen with certainty that temporarily extending certain permit expiration timelines for a limited period of time will not have a significant effect on the environment.
Section 6.
This Ordinance shall take effect thirty days from the date of approval.
Section 7.
This Ordinance shall expire on April 9, 2026.
Section 7.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.
Ordinance No. 2024-005
I hereby certify that the foregoing Ordinance No. 2024-005 introduced and received first reading at a regular meeting of the City Council of the City of Reedley held on 26th day of March, 2024, and was subsequently adopted on the 9th day of April, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ruthie Greenwood, City Clerk
Ordinance No. 2024-005
Anita Betancourt, Mayor
DATE:
TITLE:
PREPARED:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
April 9, 2024
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: B ----
ADOPTION OF ORDINANCE 2024-006 AMENDING SECTION 1-12-4
OF CHAPTER 12, OF TITLE 1 AND SECTION 5-4-13 OF CHAPTER 7, OF TITLE 5 OF THE REEDLEY MUNICIPAL CODE CONCERNING
CITING PARTIES RESPONSIBLE FOR DANGEROUS FIREWORKS
VIOLATIONS
Hector Aleman, Police Division Commander ~ A
Jose L. Garza, Chief of Police ~
Nicole R. Zieba, City Manager r
RECOMMENDATION
Staff recommends that the City Council approve the second reading and adoption of Ordinance No. 2024-006, pertaining to Chapter 12 of Title 1 and Section 5-4-13 of Chapter 7, of Title 5 of the Reedley Municipal Code concerning citing parties responsible for dangerous firework violations.
BACKGROUND
The use of fireworks to celebrate national holidays like the 4th of July and other commemorative occasions such as New Year's Eve has been a common tradition in this country for many years . However, more recently, many cities throughout California, Reedley specifically, have experienced an increase in the use of illegal - dangerous fireworks - during these celebrations.
California Health & Safety law classify fireworks into two general categories: "safe and sane" fireworks and "dangerous" fireworks. Safe and sane fireworks are those that can be purchased legally by the general public from nonprofit organization fundraiser booths. Those products display a State of California State Fire Marshal Registered Fireworks seal which identifies them as legal fireworks . Additionally, the State Fire Marshall lists all the fireworks deemed to be classified as Safe and Sane on their public website.
Dangerous fireworks on the other hand, due to their hazardous nature, are unlawful to import, poses or discharge, except by the use of persons who possess special Pyrotechnic Operator's License who are trained in the handling of such fireworks. (California Health & Safety Code Section 12505). Fires and personal injuries caused by firework activity are generally the result of using dangerous fireworks that are aerially launched.
The increased possession and use of illegal dangerous fireworks in California has been attributed to the increased illegal importation from other states that follow a different set of laws as they pertain to dangerous fireworks. Last year, during the 4th of July holiday alone, the Reedley Police Department received 35 calls for service regarding the use of illegal dangerous fireworks. The actual number of aria! dangerous fireworks ignited on the 4th of July is much higher based on the observations made by Officers and Detectives assigned to firework enforcement on that day. One of the many difficulties with enforcing the dangerous fireworks laws is that they are typically discharged at large parties making it difficult to identify the specific violator.
Staff is recommending amending the Reedley Municipal Code which would hold the property owners and lessees responsible for the violations that occur on their property. By issuing citations and now being able to hold the property owners and or lessees responsible, it will make enforcement more successful and consequently discourage these dangerous nuisance activities from occurring on their property.
PRIOR COUNCIL ACTIONS
A Public Hearing on the introduction and first reading of Ordinance 2024-006 was held at a regularly scheduled City Council meeting on March 26, 2024.
ATTACHMENTS
1. Ordinance No. 2024-006, An Ordinance of the City Council of the City of Reedley amending section 1-12-4 of Chapter 12, of Title 1, and Section 5-7-13 of Chapter 7, of title 5
ORDINANCE NO. 2024-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING SECTION 1-12-4 OF CHAPTER 12, OF TITLE 1, AND SECTION 5-7-13 OF CHAPTER 7, OF TITLE 5, OF THE REEDLEY MUNICIPAL CODE REGARDING
CITING PARTIES RESPONSIBLE FOR DANGEROUS FIREWORKS VIOLATIONS WHEREAS, the use and possession of illegal or dangerous fireworks is an ongoing and persistent nuisance throughout the City each year; and
\tVHEREAS, many illegal fireworks are discharged at large parties, making it difficult to identify an individual who discharged said illegal fireworks; and WHEREAS, the City wishes to amend its Code to make property owners and lessees responsible for the violations of the Code that they permit to occur on their property; and WHEREAS, holding property owners and lessees responsible for the violations that occur on their property will incenti vize property owners and lessees to prevent against such nuisance activities from occurring on their property.
BE IT ORDAINED by the Council of the City of Reedley as follows:
SECTION 1. Section 1-12-4 of Chapter 12, of Title 1, of the Reedley Municipal Code is hereby amended to read as follows:
1-12-4: PROCEDURES; ISSUANCE OF ADMINISTRATIVE CITATIONS:
A. Responsible Party. Upon discovering or observing any violation of this code, the enforcement officer shall determine the party responsible for the violation.
1. If a business, the responsible party shall be deemed to be the person who is in immediate control of the business on site that day. The enforcement officer may also determine that the owner of the business is the responsible party.
2. The enforcement officer may also determine that the responsible party is the person who maintains or permits a violation of the Municipal Code to occur at their property.
This includes record owner, the current lessee, or other person in possession of the property at the time the violation occurred.
SECTION 2. Section 5-7-13 of Chapter 7, of Title 5, of the Reedley Municipal Code is hereby amended to read as follows:
5-7-13: POSSESSION OR USE OF DANGEROUS FIREWORKS:
It shall be unlawful for any person to possess or use any illegal or dangerous fireworks within the City as defined by the state fireworks law, section 12500, et seq. , of the California Health and Safety Code, as amended from time to time, and such other fireworks as may be determined to be dangerous by the State Fire Marshal. All persons responsible ( as defined by Section 1-12-4, subdivision (A), of this Code) for a violation of this Section shall be personally liable for an administrative fine as provided by Section 1-12-8, subdivision (C), of this Code.
SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 4. The City Clerk is directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Reedley, within fifteen ( 15) days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
* * * * * *
The foregoing ordinance was introduced at a regular meeting of the City Council held on March 26, 2024, and was adopted at a regular meeting of said Council held on April 9, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
REEDLEY CITY COUNCIL
DATE: April 9, 2024
[8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: q ----
TITLE: ADOPT RESOLUTION NO. 2024-010 APPROVING AN UPDATED CITY
PERSONNEL POLICIES & PROCEDURES MANUAL
SUBMITTED: Darla Bello, Senior Human Resources Analyst Q9., REVIEWED: Paul A. Melikian, Assistant City Manager11vL-- APPROVED: Nicole R. Zieba, City Manager z
RECOMMENDATION
That the City Council adopt Resolution No. 2024-010 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 2023.
SUMMARY OF CHANGES
The following 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.
• Definitions
Modified to add an additional eligible person to some existing definitions due to changes in California law.
• Section 2. 008 Competitive Examinations
This section was modified to match current procedures.
• Section 3. 005 Compensation on Promotion
Language in this section is being modified to clarify that this section applies to regular full-time employees.
• Section 3. 016 (1 ). Order of Leave Usage
This section is being modified to include "designated person" to the list of eligible family members. • Section 3. 016 A. 2. Part-time Sick Leave
To follow SB 616 (2023), the City is increasing the amount of annual sick leave granted to part-time employees from 24 to 40 hours.
• Section 3. 016 L. Meal Periods
Currently, a formal lunch waiver is required to be submitted to HR if an employee works more than six hours without a lunch break. The lunch waiver submission will now be optional, at the discretion of the Department Head, except when required by an MOU. • Section 3. 016 V. Reproductive Loss Leave
This section is being added in compliance with SB 848 (2023). • Section 3. 019 Travel Policy
The City's Travel Policy is being updated to clarify preauthorization requirements for conferences and trainings. Additionally this section is being updated to clarify qualified expenditures that the employee can claim and non-qualified expenditures that will not be reimbursed. • Section 3. 021 Retirement Gifts Policy
This section, which applies to full-time employees with 10 or more years of service, is being updated to remove the additional retirement gift of $100.00, and to increase the maximum retirement event expenditure by the same, from $150.00 to $250.00.
• Section 3. 025 Donation/Gift Acknowledgment Policy
New section to provide guidance when acknowledging donations and/or gifts received by the City. • Section 4. 005 A. Resignation and D. Retirement
These sections are being updated to clarify the last workday requirements when an employee is separating from the City.
• Section 5.001 J. Specific Rules of Conduct
A new definition of misconduct is being added for misstatement, misrepresentation, or omission of information during pre-employment or workers' compensation processes that may result in disciplinary action.
• 5. 005 Citywide Attendance Policy
This section is being updated to require employees on extended leaves of absence to turn in City property for safekeeping and for possible use in the provision of City services, while the employee is on leave for 30 days or more.
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 #2024-010, with Exhibit "A", Personnel Policies & Procedures Manual
2024 Summary of Proposed P&P Revisions
DEFINITIONS
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 (+li), is an employee's child, spouse, parent, domestic partner, grandparent, grandchild, afl&-sibling, and designated person.
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 (+li), is an employee's child, spouse, parent, domestic partner, grandparent, grandchild, afl&-sibling, and designated person.
2.008 Competitive Examinations
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. 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 v1ithin ten days of notification of the results. Examination papers shall not be open to the general public. Such inspection shall be permitted, by appointment v,rith 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 1.vaive 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.
ED. Department Certification.
3.005 Compensation on Promotion
Any regular full-time 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.
3.016 Leaves and/or Time Off Work
(1) Order of Leave Usage
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, and designated person. 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.
1 2024 Summary of Proposed P&P Revisions
A. Sick Leave
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 fe.ur.funy (2AQ) hours for the fiscal year. Time shall be credited at the beginning of the fiscal year for pmi-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--40 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. Part-time 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.
L. Meal Periods
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. Unless otherwise required by an MOU, submittal oflunch waiver requests shall be at the discretion of the Department Head.
V. Reproductive Loss Leave
Pursuant to the provisions SB 848 adding Section 12945.6 to the Government code, the following definitions shall apply for this reproductive loss leave policy. These definitions do not apply to any other policy within the Citywide Policies and Procedures Manual.
Reproductive Loss Definitions
1. Assisted reproduction means method of achieving pregnancy through an artificial insemination or embryo transfer and includes gamete and embryo donation.
2. Assisted reproduction does not include any pregnancy achieved through sexual intercourse.
3. Employee means person employed by the employer for at least 30 days prior to the commencement of the leave.
4. Employer means either of the following:
(A) A person who employs five or more persons to perform services for a wage or salary. (B) The state and any political or civil subdivision of the state, including, but not limited to cities and counties.
5. Failed adoption means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party.
This event applies to a person who would have been parent of the adoptee if the adoption had been completed.
6. Failed surrogacy means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy.
7. Miscarriage means a miscarriage by a person, by the person's current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.
2 2024 Summary of Proposed P&P Revisions
8. Reproductive loss event means the day or, for multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
9. Reproductive loss leave means the leave provided pursuant to Government Code Section 12945.6.
10. Stillbirth means a still birth resulting from a person's pregnancy, the pregnancy of a person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
11. Unsuccessful assisted reproduction means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.
Reproductive Loss Leave
An employee may request and shall be granted up to five (5) days of reproductive loss leave following a reproductive loss leave.
The leave does not have to be taken on consecutive days.
All leave an employee takes for a reproductive loss leave event shall be completed within three months of the end of the reproductive loss event, except when an employee is on or chooses to go on leave from work under Government Code Section 12945, 12945.2, or any other leave entitlement under state of federal law.
When an employee requests reproductive loss leave while on leave from work under Government Code Section 12945, 12945.2, or any other leave entitlement under state or federal law, the employee shall complete their reproductive loss leave within three (3) months of the end date of the other leave.
Reproductive loss leave shall be unpaid leave for which an employee may request to use any available sick leave, vacation, compensatory leave, or any other available paid leave to receive compensation while on reproductive loss leave.
Employer shall not retaliate against an individual, including, but not limited to, refusing to hire, discharging, fining, suspending, expelling, or discriminating against, an individual because of either of the following:
- An individual's exercise of the right to reproductive loss leave.
An individual's giving information or testimony as to their own reproductive loss leave, or another person's reproductive loss leave, in an inquiry or proceeding related to rights guaranteed under this section.
Employer shall not interfere with, restrain, or deny the exercise of, or attempt to exercise, any right provided under this section.
Employer shall maintain the confidentiality of any employee requesting leave under this section.
Any information provided to the employer pursuant to this section shall be maintained as confidential and shall not be disclosed except to internal personnel or counsel, as necessary, or as required by law.
An employee's right to reproductive loss leave shall be construed as a separate and distinct right from any right under this part.
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3.019 Travel Policy
Authorization
All conference/training registrations and related expenses must be approved by the Department Head or City Manager in advance of registration and conference/training attendance. 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 "caseby-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.
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. Employees who have been approved to travel by air, if time permits and the additional cost is not substantial, should purchase their airline tickets on a refundable basis.
Options for Paying for Conference/Training Expenses
Employees must choose a payment/reimbursement option, provided below, at the time they obtain Department Head or City Manager approval to attend a conference/training. If no option is chosen, the City will reimburse the employee for actual, documented expenditures for meals up to the maximum amounts allowed for the geographic region of the conference/training as provided on the GSA website.
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. In general, meals and incidental expenses charged to a City-issued credit card should not exceed the maximum amounts allowed for the geographic region of the conference/training as provided on the GSA website; amounts that exceed the GSA maximum should be paid for by the employee at the time the expense is incurred. 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, prior to the event. The conference/training itinerary must be submitted to determine which meals are included in the conference/training. Per Diem shall be determined by the allo\ved Federal Government (IRS) rate with 20% allo\ved for breakfast, 3 0% allowed for lunch and 50% allowed for dinner amounts allowed for the geographic region of the conference/training as provided on the GSA website when calculating the cost of 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 4 2024 Summary of Proposed P&P Revisions
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 BEVER.l .. GES ARE TO BE 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 Roads/-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)
Ext011d@d P0rs011al Trav@l: Travelers wh0 eembine persettal travel vvith business travel must idemify 00€1 pay :fur the pers0rn1l segmem 0f tao trip. Reimbursemem :fur ear remal ood airpert parkittg must be prorated t© aH0v,r reimburse-mom :fur 0nly these eests asseeiated with City busittess.
Non-Qualified Expenses: Non-qualified expenses include, but are not limited to, expenses that are incurred but are not associated with City business, while the employee is attending or traveling to or from a conference/training.
Toll Evasion: Occasionally, City business requires employees to travel to areas that have toll roads/bridges. Employees who are operating vehicles are responsible to research the route ahead of time and prepare for any toll collections, or identify an alternate route that avoids tolls. In many cases, first offenses for toll evasions do not result in a financial penalty. However, if the evasion violation results in a penalty to the City, the employee who was operating the vehicle shall be required to reimburse the City for the penalty amount, but not the toll amount. This reimbursement requirement shall apply even if the affected employee was not the operator of the vehicle the first time that resulted in a waived evasion penalty.
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.
Alcoholic Beverages: Under no circumstances shall an employee submit a reimbursement claim for the cost of alcoholic beverages consumed while attending a conference/training.
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 full-time 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 m.vards, 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 Vl 2, and subject to Federal income tax withholding, social security and 5 2024 Summary of Proposed P&P Revisions
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 generally not exceed $150.00250.00. 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).
3.025 Donation/Gift Acknowledgment Policy
From time to time, the City may be the recipient of a donation of funds, goods, or services. In general, the City will provide a written acknowledgement to donors. Acknowledgements must contain certain descriptions, including good faith estimates of the value of goods or services, if any, that have been provided, and descriptions of any non-cash contributions made by the donor. Written acknowledgments may also be accompanied by token(s) of appreciation of de minimis value, such as Reedley branded giveaway items, or similar. Upon approval of the City Manager or designee, a gift acknowledgment may include items of value not to exceed $150.00. This policy does not apply to de minimis donations of food or promotional items.
~3.026 Professional Certification & Continuing Education Expense Reimbursement
4.005 Separation
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 repo1i 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 ofresignation 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. The employee shall work their regular duties for the full shift on their stated last workday. An employee who does report to work on their stated final day shall be considered to have resigned on the last day they physically performed the duties of their position. 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.
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 physically performs the duties of his or her position for the City shall be the last day on payroll. The employee shall work their regular duties for the full shift on their stated last workday. An employee who does not report to work on their stated final day shall be considered to have resigned on the last day they physically performed the duties of their position. 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. 6 2024 Summary of Proposed P&P Revisions
5.001 Specific Rules of Conduct
J. Misstatement, misrepresentation, or omission of material fact during any employment-related process, including, but not limited to, the employment application, pre-employment, and workers' compensation processes .
.JK. Disobedience towards one's proper authority.
KL-Misuse of City property.
hM. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations.
MN.Disorderly conduct, participation in fights, horseplay, or brawls.
NO. Dishonesty or theft.
Q:r_. 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.
QP. Continued substandard performance of duties.
QR. Failure to maintain required licenses and certificates.
R=.S_. Insubordination.
&I. Other acts inimical or detrimental to the public service.
5.005 Citywide Attendance Policy
Unless specifically exempted by the City Manager or designee for business necessity, the City requires that any employee on a leave of absence for 30 days or more to relinquish any City issued uniforms, keys, mobile devices, computers, vehicles, or any other equipment to their assigned department. This policy is necessary for the safekeeping of public property and possible use of equipment in the provision of City services in the employee's absence.
7 RESOLUTION NO. 2024-010
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:
• Definitions • Travel Policy
• Competitive Examinations • Retirement Gifts Policy
• Compensation on Promotion • Donation/Gift Acknowledgment Policy • Order of Leave Usage • Separation
• Part-time Sick Leave • Specific Rules of Conduct
• Meal Periods • Citywide Attendance Policy
• Reproductive Loss Leave
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 9th , 2024.
This foregoing resolution is hereby adopted this 9th day of April, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Exhibit "A"
CITY OF REEDLEY
Personnel
Policies & Procedures
Approved by City Council - April 9, 2024
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 Disqt1alification ............................................................................................................... 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. Department Certification ....................................................................................... 16
2. 009 New Hire Procedt1res ...................................................................................................... 16 A. New Hire Paperwork ....... ..... .................... .................................... ... .. .. ... ..... .. ..... .... 16 B. Direct Deposit Requirement .. ................................................................................ 17 C. Benefits Effective Dates ........ .......... ................................................ ..................... 17 D. Dependent Eligibility Documents ......... .. ..... ... ......................... ..... .......... ......... .... .. 17
2.010 Employee Appointments ..... ............................ .... ............................... ... .. ......... ............... 18 A. Regular Employees ...... ... ................ ............ ... ........ ........... ..................................... 18 B. Probationary Employees ............................... ..................................................... .. .. 18 C. Non Full-time Employees ........................................... ........................................... 18 D. Conditional Employee Appointments ......................................... ............. .............. 18 E. Employees Who are Also Volunteer Firefighters ................................................. .18
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 ...................................................................................................................... 19
2.013 Probation ............... ................... ............ .............. ...... ...... .. .......... ................... ... .......... ..... 19 A. Dt1ration ................................................................................................................. 20 B. Evaluation of Performance .................................................................................... 20 C. Dismissal .................................... .............. .... ............ ... ................................ .. ......... 20 D. Probationary Period Reports .................................................................................. 20 E. Failure to Complete Probation ................. .............................................................. 20
2.014 Nepotism and Conflicting Personal and/or Business Relationships ................... .. .......... 20 A. Purpose & Scope ..... .. ............ ................. ............................... ... .............................. 20 B. Restricted Duties & Assignments .......................................................................... 20 C. Employee's Responsibility ......................................................... ........................ ... 21 D. Supervisor's Responsibility ................................................................................... 21
2.015 Employees and Commissions, Committees, and Elected Office ......... ........... .. .. ............ 21 SECTION 3.000- COMPENSATION/BENEFITS ......................... ..... ..... ...... .. .... .... .............. 22
3.001 Compensation ................... .................................................... .... ............ ........ .... ... ........... 23
3.002 Use of Salary Ranges ...................................................................................................... 23
3.003 Management Employees .. ... ................... ... ......... .... ................... .. ....... ..... ....... .. .... ........... 23
3.004 Total Remuneration ......... ..... .... ... .... ....... .............. .... .............. ... .... .. .. ............................. 24
3.005 Compensation on Promotion ........................................................................................... 24
3.006 Compensation on Demotion ........................................................................................... 24
3.007 Compensation on Transfer .............................................................................................. 24
3.008 Compensation on Change in Range Assignment ............................................................ 24 ii
3.009 Compensation on Position Reclassification .................................................................... 24
3.010 Ot1t-of-Class Pay ................ ................ ............................................................... .............. 25
3.011 Compensatory Time Off in Lieu of Overtime ................................................................ 25
3.012 Flex/Makeup Time .......................................................................................................... 25
3.013 Payroll Errors .............. ...................................... .. .................................................... ........ 26
3.014 Unemployment Insurance ............................................................................................... 26
3.015 Workers' Compensation ................................................................................................. 26 A. Workers' Compensation Checks .......... .. ................................................................ 27
3.016 Leaves and/or Time off Work .... ............................ ....... ..... ... .......................................... 27 (1) Order of Leave Usage .................................................................................. .... ...... 28 A. Sick Leave .............................................................................................. ................ 29
1. Full-time Employees ..................................................................................... 29
2. Part-time Employees ..................................................................................... 31
3. Transition from Part-time Employee to Full-time Employee ....................... 31
4. Transition from Full-time Employee to Part-time Employee ....................... 31 B. Funeral/Bereavement Leave ................................................ ............................. .... . 32 C. Military Leave ........................................................................................................ 32 D. Civil Leave ...... .... ..... .. ... ............ .... ................................. ........................................ 32 E. Cot1rt Appearance .................................................................................................. 33 F. Leave Withot1t Pay ........................................ ........ ........ ......................................... 33 G. Payment of Medical Premiums ............... ........................... ........ .......... .. .... ... ......... 33 H. Compensatory Leave ............................................................................................. 34 I. Unat1thorized Leave ............................................................................................... 34 J. Vacation ................... .... ......... .... ... ................. ..... ..... ............. ... .... ...... .. .. .. ... ........ .... 34
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 .......................................................... .. ......... .......... .. ...... .. .................. 36 N. Catastrophic Leave ................................................................................................. 36
0. Administrative Leave .. ... ... ... ..... ..... .................. ... .. ....... .. .... ... ....................... .... ...... 37 P. Protected Leave ...................... ... ....... ........... .. .................................. .. ......... .. .. .. ...... 37
1. Family and Medical Leave Act. .................................................................... 38
2. California Family Rights Act ...... .... .... .... .... .. ........ .. ........... .... ...................... .40
3. Pregnancy Disability Leave Law ................................................................. .43
4. Notifications ....... .......... ... ....... ...................... .... .. ........ ...... ..... ...... ..... ............. 44 iii
5. Maximum Length of Protected Leave ......................................................... .45
6. Moonlighting while on Protected Leave ............... .......... ......... ..... ............... .46
7. Return from Protected Leave for Employee's Own Serious Health Condition ....................................................................................................... 46 Q. Long-Term Disability Elimination Period .................. .. ........................... ... ... .... ... .46 R. School and/or Child Care Provider Activities Leave .... ................................. .... .. . .46
1. School/Child Care Provider Activities ..... ........ .. ........... .. .............. ....... ......... 46
2. School Suspension Meetings ....................................................................... .47 S. Leave for Victims of Domestic Violence or Sexual Assault .... ............. ............... .4 7 T. Voting Leave ......................................................................... ................................. 48 U. Organ/Bone Marrow Donor Leave Policy ..................... .. ..................................... .48 V. Reproductive Loss Leave ........ ........ ................ .......... .. ................................. ......... .49
3.017 Temporary Light and/or Modified Duties or Temporary Reassignment ........................ 50
3.018 Special Compensation ..................................................................................................... 51
3.019 Travel Policy ................................................................................................................... 51
3.020 Employee Service Award Recognition Program ............................................................ 55
3.021 Retirement Gifts Policy ................................................................................................... 56
3.022 Vehicle Allowance/Mobile Phone Stipend ...................................... ............. ...... ............ 56
3.023 Safety Boots for Part-Time Employees .......................................................................... 56
3.024 Memorial Donations ....................................................................................................... 56
3.025 Donation/Gift Acknowledgment Policy ......................................................................... 56
3.026 Professional Certification & Continuing Education Expense Reimbursement .............. 57 SECTION 4.000- CHANGES IN EMPLOYMENT STATUS ............................................... 58
4.001 Transfers ..... ....... ...... ........ ... .. .... ... ......................... ........ ......... .. .. ... ... .. ... ................. .... ..... 59
4.002 Non-disciplinary/Downgrades ....... .. ..................... ........ ..... ...... .. ... ....... .. ...... ................... 59
4.003 Reinstatements ................................................................................................................ 59
4.004 Y-Rating .. ... .................. .. .... .......... ....... ....... .............................. ............. ..... .. ................... 60
4.005 Separation ....................................................................................................................... 60 A. Resignation ............................................................................................................ 60 B. Disability ................................................................................................................ 60 C. Death ...................................................................................................................... 60 D. Retirement .............................................................................................................. 60 E. Dismissal ............ ...... ...... ............. ......... ... .............. ... .............. ........ .. ......... ... .. .... .... 61 F. Layoff ..................................................................................................................... 61
4.006 Removal from Payroll ..................................................................................................... 61 SECTION 5.000 - EMPLOYEE CONDUCT AND DISCIPLINE ......................................... 62 iv
5.001 Specific Rules of Conduct .............................................................................................. 63
5.002 Outside Employment .................. ...... ................................................. ............................. 64
5.003 Political Activity .................................... ........................ .. ............................................... 64
5.004 Safety ...................... ............. ..................... ............. .. ........................... .. ... .... ... ................ 64
5.005 Citywide Attendance Policy ........................................................................................... 64 A. Definitions .............................................................................................................. 65 B. Timekeeping & Timecards .................................................................................... 65
5.006 Image ............................................................... ........ ................................................. ........... 66 A. Dress and Grooming ................ ............................................... .. ............................. 66
1. All Employees ............................................................................................... 66
2. Office Apparel .............................................................................................. 66
3. Casual Apparel .... ............................ .. ............................................................ 67
4. Field Work Apparel ...................................................................................... 67
5. Uniforms ....................................................................................................... 67
6. Restricted Apparel ................................................... .... ................................. 67 B. Decor ........................................ .. ................................................... .. .................. .. ... 68 C. Snacks and Meals ............ ....... .. ...... ........................................................................ 68 D. Vehicle ................................................................................................................... 68 E. Violations .................. ............................................................... .............................. 68 F. Exceptions ...... ... .. .... .. .......... ...... ............................................ ..... .. .......................... 69
5.007 Discipline ..................................... .. ............ ... .................................................... ........ ...... 69 A. Forms ofDiscipline ................................................................................................ 69
1. Oral and/or Written Counseling .................................................................... 69
2. Written Reprimand ................................................ .. ........ ...................... ........ 69
3. St1spension .................................................................................................... 69
4. Demotion ....................................................................................................... 70
5. Dismissal ....................................................................................................... 70 B. Disciplinary Procedures ......................................................................................... 70
1. General Disciplinary Procedures ................................... ..................... .. ........ 70
2. Pre-"Skelly" Hearing Procedures ................................................................. 70
3. "Skelly" Hearing ....... .. .... ... .............. .. ........... ........ ... .. ........................ ....... .... 71
4. Post "Skelly" Hearing Procedures ................................ .... ............................ 71
5. Appeals Procedt1res .................................... ........................ ...... ......... ..... ....... 71 a. Appeal Procedures for Disciplinary Actions Less than Dismissal ...... 71 b. Appeal Procedures for Disciplinary Actions Involving Dismissal ...... 73 C. Disciplinary Actions Against Temporary, Part-time, or Non-Regular Employees in the Unclassified Service ..................................................................................... 7 4 V
D. Disciplinary Actions Against a Department Head or Other Management Employee ..................................... ......................................................................... 7 4
5.008 Policies Affecting the Workplace ......................................................................... .......... 74 A. Americans with Disabilities Act (ADA) ....................................... .... .................... 74
1. Statement ofintent ... ..... ................ .. .............................................................. 74
2. Employment Policies .................................................................................... 75
3. Administration & Implementation ................................................................ 75
4. Confidentiality ................................. ............... ... ......... .. ................................ 75
5. Interactive Process ........................................................................................ 75
6. Internal Review Procedures .......................................................................... 76 B. Anti-Harassment and Anti-Discrimination Policy ....... .......................................... 76
1. Purpose/Objective ......................................................................................... 76
2. Scope ........................................ .... ........... .. ............ .. ...................................... 77
3. Procedt1res ........................................................... .............................. ............ 77 a. Examples of Prohibited Sexual Harassment or Discrimination ........... 77 b. Other Examples of Prohibited Harassment or Discrimination ........ ... . 78
4. Reporting Harassment or Discrimination ............................................. ........ 78
5. Violations of the Policy Will Result in Discipline ........................................ 79
6. Retaliation Prohibited ................................................................................... 79
7. AB 1825 Compliance ... ..... ............................................................................ 80
8. AB 1661 Compliance .................................................................................... 80
9. SB 1343 Compliance ................................... ................................................. 80 C. Substance Abuse Policy ................... ...................................................................... 81 D. Workplace Violence Prevention Policy ................................................................. 83 E. Lactation Accommodation Policy .. ........................................................................ 84
5.009 Paid Administrative Leave .............................................................................................. 84
5.010 Federal Motor Carrier Safety Administration Drug and Alcohol Testing Policy ........... 84 SECTION 6.000 - GRIEVANCES .............................................................................. ............... 86
6.001 Ptlrpose .......... .. ................................................................................................................. 87
6.002 Application .................................................................................................... .. ............. ... 87
6.003 Time Limits ......... ............... ... ................................................................ .. ................ .... .... 87
6.004 Scope ............................................................................................................................... 87
6.005 Informal Resolution of Complaints ................................................................................ 87
6.006 Grievance Review Process .............................................................................................. 87 A. First Level of Review ..... ... ........ .. .......... ................... .. ......... .............. ..... .. ..... .. ....... 87 B. Second Level of Review ............. .......... ......... .... ................ .............. ......... ............. 88 C. Third Level of Review ......... ............ .................. ..... .. .. ...... ....... .............................. 88 vi
D. Fourth Level of Review ....... ...... ....... ...... .......................... ............ ......... ..... .. ........ . 88
6.007 Representation ........ ......... ... .................................... .. ....... .... ........ .. ...... ........ .... .... ............ 88
6.008 Access to Information ..................................................................................................... 88
6. 009 No Reprisals .. ... ......... ...... ... ............. ......... .............................. .. .. ....... .. ....... ..................... 8 8
6.010 Reconsideration of a Grievance ................................................ .. .. .. ................................ 89 SECTION 7.000 - GENERAL EMPLOYMENT PROVISIONS ........................................... 90
7.001
7.002
7.003
7.004
Yearly Performance Evaluation Process ......................................................................... 91 Residency ........................................................................................................................ 91 Personnel Records ........................................................................................................... 91 Use of Technology .......................................................................................................... 91 A. Personal Communication Devices & City Telephones .......................................... 91
1. Pt1rpose & Scope ............... ..................... ... ... .. ..... .. .. ... ....... ....... ... ................. . 91
2. City-Issued PCD ........................................................................................... 91
3. Individually Owned PCD ................................ .............................................. 92
4. Use of Personal Communication Devices & City Telephones ..................... 92
5. Use while Driving ......................................................................................... 92 B. Electronic Mail. ........................................................................... ........................... 92
1. Pt1rpose & Scope ........................................................................................... 92
2. E-mail Right of Privacy ................................................................... .. .......... . 92
3. Prohibited Use of E-mail .............................................................................. 93 C. Compt1ter Use .... ... ........................................ ... .................................... .. ... .. ........... 93
1. Purpose & Scope ... .............. ................................. ..................................... .... 93
2. System Inspection or Review ....................... ................................................. 93
3. City Property .................................................. ............................................... 93
4. Unauthorized Duplication of Software ......................................................... 93
5. Internet Use ................................................................................................... 94
6. Protection of City Systems and Files ............ ....... ........ ......... ...... .................. 94 D. City Social Media ....................... ............. ....................................... .. ..................... 94
1. General ..... ....... ..... .. .... .. .... .. ............... ..... .................... .......... ..... ........ .... ........ 94
2. Definition of Social Media ..... ... ........... .......... .... ....... .................. ........... ....... 94
3. Requirements ............................................. ..... .. ......... .. .. ...... ......................... 94
4. Use Policy ............................... .. ................ .... ........... ... ... ... ... .. ... ......... ........... 95 E. Etiquette Rules ................................................. ...................................................... 96
1. Definitions ................................. ... .. .......... ............ ...... .. .... ... .................. ... ..... 96
2. Generally Accepted Standards .. ......... .... ........ .. ... ........ .. ............... .......... ....... 96
3. City Representation ....................... .. ..... ......................................................... 97
4. Relationship With Others ................. ........................... .. ................................ 97 vii
5. Ethical Rules and Regulations ...................................................................... 97 F. Technology Resource Rights ................................................................................. 97 G. California Public Records Act And Searching Devices And Accounts for Disclosable Records ............................................................................................... 97 7 .005 Administrative Policies ....................................................... .... ........................................ 98
7.006 Outside/Secondary Employment .................................................................................... 98 A. Pt1rpose & Scope ...................................................................... .. ............................ 98 B. Obtaining Approval ............................................................................................... 98 C. Appeal of Denial of Outside Employment. ........ .. ..................................... ........ ..... 99 D. Revocation/Suspension ............................................................ .. ........ ..... ............... 99 E. Prohibited Outside Employment .. .......................................................................... 99 F. City Resot1rces ..................................................................................................... 100 G. Changes in Outside Employment Status .................. ... ...... ................................... 100
7.007 Vehicle Use .................................................... ............................................................... 100
7.008 Sensitive Information .................................................................................................... 101 A. Definition of Sensitive Information ..................................................................... 101 B. City Information ............................................ ......... ................. .............. ............... I 02 C. Hard Copy Distribution ...................................... ... ..................... ........... ............... 102 D. Electronic Distribution ......................................................................................... 103
7. 009 Additional Identity Theft Prevention Program ............................................................. 103 A. Covered Acco tints ................................................................................................ 103 B. Red Flags ......... .................................................................................................... 103
1. Alerts, Notifications, or Warnings from Consumer Reporting Agency .. ... 103
2. Suspicious Documents ............... .............................. ... .......... ... ................... 104
3. Suspicious Personal Identifying Information .............................................. 104
4. Unusual Use of, or Suspicious Activity Related to, the Covered Account.105
5. Responding to Red Flags ............................................................................ 10 5 C. Periodic Updates to Plan ...................................................................................... 105 D. Staff Training ......................................... ..... ................................. ........................ 106 E. Oversight of Service Provider Arrangements ...................................................... 106
7.010 Right to Search Property ............................................................................................... 106 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 wa1Tant 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 appropriat~ 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 depaiiments 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 depa1iments 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 unit, or direct them, or to adjust their grievances, or effectively to recommend such action if in 3 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".
Designated Person: A designated person, as provided for in Section 245.5 (c) of the Labor Code, means a person identified by the employee at the time the employee requests paid sick days.
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 (8), is an employee 's child, spouse, parent, domestic partner, grandparent, grandchild, sibling, and designated person.
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 (8), is an employee's child, spouse, parent, domestic paiiner, grandparent, grandchild, sibling, and designated person. 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 employee unless they are formally appointed to an unclassified position/classification through an approved Employment Action F onn.
7 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 ~eet 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
F. The City of Reedley is an Equal Opportunity Employer 12 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, recmitments 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) recmitment to encourage current employees to apply for positions.
2. Open Recruitment - Open recmitment 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 recmitment, advertised in targeted print media and job websites. The use of recmiters 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 recmitment has been completed, the dete1mination is made to move forward with an open recmitment 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 drng/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 opporturntles (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 [;JI
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 division 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 D. 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 recrnitment. 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.
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 instrnctions 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
16 • 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 of receipt 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 (DFEH)
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. 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.
17 • 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 dete1mine 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 rnles 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.
D. Conditional Employee Appointments. Those pers~ns 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 drng 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 perfo1m 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 18 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 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 any 19 employee (new or existing) appointed to a new pos1t10n, 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.
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. 20 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.
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.
21 Section 3.000
COMPENSATION
&
BENEFITS
22 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 recogrnzmg 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 wanant 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 thi1iy (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 as to the ability of the employee to achieve expected performance standards within anticipated time frames.
23 3.004 Total Remuneration
The salary rate and benefit schedule established for a position 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 regular full-time 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 te1ms 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.
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 24 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. If requested in writing and approved by the depaiiment head, an employee on an alternative work schedule may flex one entire regularly scheduled workday to a regularly scheduled day off.
Alternative Work Schedule Examples:
• An employee working a 4/10 schedule may request to take three (3) hours off on one workday, for a total of seven (7) hours worked that day, and work an additional three hours the next workday, for a total of 13 hours for the makeup workday 25 l!JI
• An employee working a 4/10 schedule may request to work on Saturday, their regularly scheduled day off, instead of Friday, their regularly scheduled workday.
An employee's supervisor has the right to deny a request for makeup time.
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 26 (11
on temporary total disability and rece1vmg 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.
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 accrned sick leave, accrned vacation or other accrned 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 accrned 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 accrned sick leave, accrned 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 oftime 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 27 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.
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 accrnals 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 iniury, including non-4850 Workers ' Compensation time off if an employee is not off work for temporary total disabilitv 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, sibling, and designated person.
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. 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 o{Jfor protected leaves such as Bonding time, School Appearance Leave, and School Activities Leave. For employee or eligible familv member:
1. Vacation, Admin Leave, Comp Time, or Sick Leave.
2. Any other accrued leave.
28 Non-medical time o(ffor Victims of 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
1. 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 as having worked a full pay period when the employee works at least half of the pay 29 ~ l
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 cun-ent 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 or designated person. 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. A designated person, as provided for in Section 245 .5 ( c ), means a person identified by the employee at the time the employee requests paid sick days. As permitted under Section 245.5 (c), the employee is limited to one designated person per calendar year.
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 30 for my grandmother). The period of time an employee takes off that is requested 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 forty ( 40) 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 40 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. Part-time 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 or designated person. 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. A designated person, as provided for in Section 245 .5 ( c ), means a person identified by the employee at the time the employee requests paid sick days. As pennitted under Section 245 .5 ( c ), the employee is limited to one designated person per calendar year.
3. An employee who is a victim of domestic violence, sexual assault, or stalking.
3. Transition from 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. 31 B. Funeral/Bereavement Leave
1. 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. Pursuant to AB 1949 an employee may take an additional two days ( 16 hours) of unpaid bereavement leave. Employee may use any accrued sick leave, vacation, comp time, or other accrued paid leave for the unpaid portion of their bereavement leave. Bereavement leave does not need to be taken consecutively, however, all bereavement leave must be taken within three (3) months of the family member's death. Employee must be in a paid status at the time of request for paid bereavement leave. If additional time, beyond five (5) days, is required, accumulated vacation time or sick leave may be used when approved by the City Manager
2. A part-time employee may use a maximum of five (5) days of bereavement leave. The maximum number of hours an employee may request per day shall be based on the average daily hours worked for the month prior to the first date of the employee 's leave.
Part-time bereavement leave is an unpaid leave, however the employee may use available accrued part-time sick leave, if the employee is eligible to use part-time sick leave, for unpaid bereavement leave.
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.
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.
32 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 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 33 anangement 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 • 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. 34 • 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.
l. Probationary Period. Employees serving a probationary period on an original appointment shall accrue vacation leave in accordance with the provisions of this section.
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 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 35 relieved of all duty. Unless otherwise required by an MOU, submittal oflunch waiver requests shall be at the discretion of the Department Head.
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 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. 36 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.
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.
37 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 ofleave to care for a covered service member during a single 12-month period. A covered service member is:
( 1) a ctment 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).
38 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 75 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 disrnpt 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 accrned 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 if the requested leave is for a reason for which FMLA leave was previously taken or 39 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, sibling, or designated person 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, parent, or designated person 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.
Designated Person - Any individual related by blood or whose association with the employee is the equivalent of a family relationship. Employee shall be limited to one designated person in the 12-month CFRA entitlement period.
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.
40 • 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 tenns and conditions of the City's disability leave policy, during the otherwise unpaid portion of the CFRA leave. The paid disability leave runs concunently 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-te1m 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 41 the employer, have worked at least 1,250 hours in the 12-month period before the date the leave begins.
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 42 disability leaves available to its employees, the employer shall include a description of 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 nmning 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.
43 llll
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. ii) Health Care Provider Certification that complies with any applicable State of 44 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 PDL 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.
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 45 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 I. 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 absence. Time of taken for these reasons shall not exceed 8 hours in any calendar month of the year
46 (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.
4. Participate in safety planning and take other actions to increase safety from future domestic violence, including temporary or permanent relocation. 47 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.
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.
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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.
V. Reproductive Loss Leave
Pursuant to the provisions SB 848 adding Section 12945.6 to the Government code, the following definitions shall apply for this reproductive loss leave policy. These definitions do not apply to any other policy within the Citywide Policies and Procedures Manual.
Reproductive Loss Definitions
1. Assisted reproduction means method of achieving pregnancy through an artificial insemination or embryo transfer and includes gamete and embryo donation.
2. Assisted reproduction does not include any pregnancy achieved through sexual intercourse.
3. Employee means person employed by the employer for at least 30 days prior to the commencement of the leave.
4. Employer means either of the following:
(A) A person who employs five or more persons to perfo1m services for a wage or salary. (B) The state and any political or civil subdivision of the state, including, but not limited to cities and counties.
5. Failed adoption means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to a person who would have been parent of the adoptee if the adoption had been completed.
6. Failed surrogacy means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy.
7. Miscarriage means a miscarriage by a person, by the person's current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.
8. Reproductive loss event means the day or, for multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
9. Reproductive loss leave means the leave provided pursuant to Government Code Section 12945.6.
10. Stillbirth means a stillbirth resulting from a person's pregnancy, the pregnancy of a person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
11. Unsuccessful assisted reproduction means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy. 49 Reproductive Loss Leave
An employee may request and shall be granted up to five (5) days of reproductive loss leave following a reproductive loss leave.
The leave does not have to be taken on consecutive days.
All leave an employee takes for a reproductive loss leave event shall be completed within three months of the end of the reproductive loss event, except when an employee is on or chooses to go on leave from work under Government Code Section 12945, 12945.2, or any other leave entitlement under state of federal law.
When an employee requests reproductive loss leave while on leave from work under Government Code Section 12945, 12945.2, or any other leave entitlement under state or federal law, the employee shall complete their reproductive loss leave within three (3) months of the end date of the other leave.
Reproductive loss leave shall be unpaid leave for which an employee may request to use any available sick leave, vacation, compensatory leave, or any other available paid leave to receive compensation while on reproductive loss leave.
Employer shall not retaliate against an individual, including, but not limited to, refusing to hire, discharging, fining, suspending, expelling, or discriminating against, an individual because of either of the following:
An individual's exercise of the right to reproductive loss leave.
An individual's giving information or testimony as to their own reproductive loss leave, or another person's reproductive loss leave, in an inquiry or proceeding related to rights guaranteed under this section.
Employer shall not interfere with, restrain, or deny the exercise of, or attempt to exercise, any right provided under this section.
Employer shall maintain the confidentiality of any employee requesting leave under this section. Any information provided to the employer pursuant to this section shall be maintained as confidential and shall not be disclosed except to internal personnel or counsel, as necessary, or as required by law.
An employee's right to reproductive loss leave shall be construed as a separate and distinct right from any right under this part.
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 50 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 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 perfo1mance of city duties.
This policy sets forth guidelines and establishes unifo1m practices and policies regarding expenditures associated with City business activities.
51 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
All conference/training registrations and related expenses must be approved by the Department Head or City Manager in advance of registration and conference/training attendance.
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.
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.
Employees who have been approved to travel by air, if time permits and the additional cost is not substantial, should purchase their airline tickets on a refundable basis.
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. 52 ~ I
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Options for Paying for Conference/Training Expenses
Employees must choose a payment/reimbursement option, provided below, at the time they obtain Department Head or City Manager approval to attend a conference/training. If no option is chosen, the City will reimburse the employee for actual, documented expenditures for meals up to the maximum amounts allowed for the geographic region of the conference/training as provided on the GSA website.
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. In general, meals and incidental expenses charged to a City-issued credit card should not exceed the maximum amounts allowed for the geographic region of the conference/training as provided on the GSA website; amounts that exceed the GSA maximum should be paid for by the employee at the time the expense is incurred.
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, prior to the event. The conference/training itinerary must be submitted to determine which meals are included in the conference/training. Per Diem shall be determined by the amounts allowed for the geographic region of the conference/training as provided on the GSA website when calculating the cost of 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. 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 Roads/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 53 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 De12arture 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.
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 f01m 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.
Non-Qualified Expenses: Non-qualified expenses include, but are not limited to, expenses that are incuned but are not associated with City business, while the employee is attending or traveling to or from a conference/training.
Toll Evasion: Occasionally, City business requires employees to travel to areas that have toll roads/bridges. Employees who are operating vehicles are responsible to research the route ahead of time and prepare for any toll collections, or identify an alternate route that avoids tolls. In many cases, first offenses for toll evasions do not result in a financial penalty. However, if the evasion violation results in a penalty to the City, the employee who was operating the vehicle shall be required to reimburse the City for the penalty 54 amount, but not the toll amount. This reimbursement requirement shall apply even if the affected employee was not the operator of the vehicle the first time that resulted in a waived evasion penalty.
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.
Alcoholic Beverages: Under no circumstances shall an employee submit a reimbursement claim for the cost of alcoholic beverages consumed while attending a conference/training.
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. With the exception of a retiring employee, to receive a service award, an employee must be in an active status at the time of the award presentation event. No rounding up is allowed except when an employee is retiring from City service the following year and the time worked from January pt 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 $100.00
10 $150.00
15 $200.00
20 $250.00
25 $300.00
30 $350.00
35 $450.00
40 $500.00
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)
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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. 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 generally not exceed $250.00. 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 fo1mer 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 Donation/Gift Acknowledgment Policy
From time to time, the City may be the recipient of a donation of funds, goods, or services. In general, the City will provide a written acknowledgement to donors. Acknowledgements must contain certain descriptions, including good faith estimates of the value of goods or services, if any, that have been provided, and descriptions of any non-cash contributions made by the donor.
Written acknowledgments may also be accompanied by token(s) of appreciation of de minimis value, such as Reedley branded giveaway items, or similar. Upon approval of the City Manager or 56 designee, a gift acknowledgment may include items of value not to exceed $150.00. This policy does not apply to de minimis donations of food or promotional items.
3.026 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. 57 Section 4.000
CHANGES IN
EMPLOYMENT
STATUS
58 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 59 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. The employee shall work their regular duties for the full shift on their stated last workday. An employee who does report to work on their stated final day shall be considered to have resigned on the last day they physically performed the duties of their position. 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 60 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 physically performs the duties of his or her position for the City shall be the last day on payroll.
The employee shall work their regular duties for the full shift on their stated last workday. An employee who does not report to work on their stated final day shall be considered to have resigned on the last day they physically performed the duties of their position. 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.
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Section 5.000
EMPLOYEE CONDUCT
AND DISCIPLINE
62 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. Misstatement, misrepresentation, or omission of material fact during any employment-related process, including, but not limited to, the employment application, pre-employment, and worker's compensation processes.
K. Disobedience towards one's proper authority.
L. Misuse of City property.
M. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations.
N. Disorderly conduct, participation in fights, horseplay, or brawls.
0. Dishonesty or theft.
P. 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.
Q. Continued substandard performance of duties.
R. Failure to maintain required licenses and certificates.
S. Insubordination.
T. Other acts inimical or detrimental to the public service. 63 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 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 tennination 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 of time, 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.
Unless specifically exempted by the City Manager or designee for business necessity, the City requires that any employee on a leave of absence for 30 days or more to relinquish any City issued uniforms, keys, mobile devices, computers, vehicles, or any other equipment to their assigned department. This policy is necessary for the safekeeping of public property and possible use of equipment in the provision of City services in the employee's absence. 64 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 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 rep01i 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 tennination.
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 65 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 IS-minute rounding increment, the 7-Minute Rule must be used.
2. The 7-Minute Rule - When work time is tracked in IS-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.
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
66 • 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 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 67 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 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 of litter 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 rep01i 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 accrned 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.
68 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 infonnation, 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.
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).
69 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 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
Excluding Department Heads, "Skelly" procedures shall be required for all disciplinary actions affecting the employee's economic status. 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.
70 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.
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 of receiving 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.
71 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 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.
72 ~ I ~
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.
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 mles 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 mles 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.
73 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 dismissal;
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 74 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 consideration when their job qualifications are assessed. All employment and 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
75 • 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 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 fonns 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 76 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 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.
77 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.
• 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 78 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 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 (FEHA), 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. Paiiicipating 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, 79 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.
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.
80 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.
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; 81 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; 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.
82 1!11
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.
*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.
Employ ee 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 prope1iy, 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.
83 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.
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:
84 f!ll
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 FM CSA' s drng 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 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 Drng and Alcohol Program Violations.
The City shall report within three (3) days of learning of the information, a driver's drng 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. 85 Section 6.000
GRIEVANCES
86 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 87 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 gnevances.
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 ofreview, 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 ofreview.
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.
88 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.
89 Section 7 .000
GENERAL EMPLOYMENT
PROVISIONS
90 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 stah1s 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 91 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. 92 (j]J
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
1. 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 depaiiment 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/Depaiiment 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 93 (i]I
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 conectly 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
l. 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 cunent issues to members of the public. The City has an oveniding interest and expectation in safeguarding the integrity of the inf01mation 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.
94 • 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
95 • 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 rnles 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 cunent laws regarding the use of e-mail, the Internet, and other online 96 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 pem1ission 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 ofreceipt 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 disclosure as a result of 97 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 instrnctions 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.
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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. 99 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, facilities, 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.
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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 occuned 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 cun-ent, former, and prospective customers or suppliers, or any other non-public info1mation. 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 sih1ation 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 103
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 104
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 105
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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. 106
DATE:
TITLE:
SUBMITTED:
APPROVED:
April 9, 2024
REEDLEY CITY COUNCIL
1:8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: JD ---
CONSIDER THE FOLLOWING ITEMS (A), (B), AND (C) FOR THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
RELATED TO THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25.
A) ADOPT RESOLUTION NO. 2024-029 INITIATING PROCEEDINGS FOR THE
ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024-25 IN ACCORDANCE WITH CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 22500.
B) ADOPT RESOLUTION NO. 2024-030 PRELIMINARILY APPROVING THE
ENGINEER'S REPORT REGARDING THE ANNUAL LEVY AND COLLECTION
OF ASSESSMENTS FOR THE CITY OF REEDLEY LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024-25.
C) ADOPT RESOLUTION NO. 2024-031 DECLARING THE INTENTION TO
ORDER THE ANNUAL LEVY AND COLLECTION OF ASSESSMENT FOR THE
CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1 FOR FISCAL YEAR 2024-25 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING.
Marilu S. Morales, P.E. \ 1 1 l
City Engineer Jv\JJ'
Nicole R. Zieba / _ .... /
City Manager V'{
RECOMMENDATION
Staff recommends that the City Council take the following action:
A) Adopt Resolution No. 2024-029 initiating proceedings for the annual levy and collection of assessments for the City of Reedley Landscaping and Lighting Maintenance District (LLMD) No. 1 for fiscal year 2024-25 and ordering the Engineer to prepare and file an Engineer's Report in accordance with California Streets and Highways Code Section 22500.
B) Adopt Resolution No. 2024-030 preliminarily approving the Engineer' s Report regarding the annual levy and collection of assessments for the City of Reedley LLMD No. 1 for fiscal year 2024-25.
C) Adopt Resolution No. 2024-031 declaring the intention to order the annual levy and collection of assessments for the City of Reedley LLMD No. 1 for fiscal year 2024-25 and setting the date for a public hearing May 28, 2024.
EXECUTIVE SUMMARY
The City of Reedley's LLMD No. 1 for FY 2024-25 consists of 25 zones. The LLMD provides and ensures the continued maintenance, servicing, administration and operation of various landscaped and lighting improvements and associated appurtenances located within the public right-of-ways and dedicated landscape easements in the various zones annexed into the LLMD throughout the City. Each of the landscaped maintenance areas is identified within a distinct Zone with differing costs and benefits to the parcels within each Zone. The spreading of the improvement costs is based upon the total cost of the improvements within each Zone. Each property is assessed only for the cost of the improvements from which benefit is received. The benefit formula used within each of the Zones in the LLMD may vary. The formula used for each Zone reflects the composition of the parcels, and the improvements and services provided, to fairly proportion the costs based on the special benefit to each parcel.
BACKGROUND
This process is required annually by the Landscaping and Lighting Act of 1972 in order to receive assessments for the care of landscaped areas in the City's maintenance district. The proposed 2024-25 LLMD assessments will be levied on 25 zones. There are no addition or deletion of zones in this year's assessment.
Resolution No. 2024-030 will preliminarily approve the attached Engineer's Report for the LLMD No. 1 FY 2024-25 annual assessments. Resolution No. 2024-031 will set the public hearing date to May 28, 2024, to consider public input in consideration and approval of the FY 2024-25 LLMD No.1 assessments.
FISCAL IMPACT
The City will collect approximately $280,512.66 to offset the cost of maintaining landscaping and street lighting in the District. This is an increase of $6,737.43 from the previous fiscal year due to the consumer price index formula applied to Zones I through U, W through Z and AA, BB, CC and DD. The FY 2024-25 residential assessments range from $10.30 per year per parcel in Zone A (Riverview Estates) to $390.14 per residential parcel in Zone R (Reedley Estates). The FY 2024-25 assessments for Zones I through U, W through Z and AA, BB, CC and DD are being proposed to increase from FY 2023-24 by an inflation factor of 3.67% in accordance with the U.S. Bureau of Labor Statistics Data, Annual All Urban Consumer Price Index for the San Francisco-Oakland-Hayward area per the attached calculation.
The annual cost of $8,000 for Willdan Financial Services to administer the assessment engineering services for the LLMD was previously approved and included in the City's annual budget process. The cost will be paid from LLMD assessments and spread amongst the 25 existing zones as well as to any new zones added in the future.
PRIOR COUNCIL ACTIONS
On November 7, 1989, the City Council adopted Resolution No. 4202 and Resolution No. 4203 to create LLMD No. 1
On November 10, 2020, City Council approved and authorized the City Manager to execute a professional services agreement with Willdan Financial Services to provide annual assessment engineering services for the Landscaping and Lighting Maintenance District Zone No. 1.
ATTACHMENTS
1. Resolution No. 2024-029, Initiating proceedings for the annual levy and collection of assessments for FY 2024-25 and order the Engineer to prepare and file an Engineer's Report