ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
A GE NDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, MAY 27, 2025
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www.reedley.ca.gov
Peticiones para seNicios de traducci6n deben ser sometidas 48 horas antes a la Secretaria Municipal al numero 637-4200 ext. 212
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation seNices, 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
Mary Fast, Mayor Pro Tern
Christopher Arriaga, Council Member
MEETING CALLED TO ORDER
Michael Crutchfield, Council Member
Scott Friesen, Council Member
INVOCATION- Pastor Rob Tapley, Faith Community Church
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (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 1-7)
1. APPROVAL OF MINUTES OF THE SPECIAL AND REGULAR COUNCIL MEETINGS OF MAY 13, 2025 - (City Clerk)
Staff Recommendation: Approve
2. RECOMMENDATION OF REJECTION OF CLAIM-SANDRA FLORES, ET AL. - (Administrative Services)
Staff Recommendation: Approve Claim Rejection
3. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH
PETERS ENGINEERING GROUP TO PERFORM ON-CALL PROFESSIONAL SERVICES FOR THE ENGINEERING DEPARTMENT AS NEEDED - (Engineering) Staff Recommendation: Approve
4. SECOND READING AND ADOPTION OF ORDINANCE 2025-002 AMENDING CHAPTER 3 OF TITLE 5; SPECIFICALLY, SECTIONS 5-3-20, 5-3-22 AND 5-3-27 OF THE REEDLEY MUNICIPAL CODE CONCERNING ANIMAL CONTROL - (Police Department) Staff Recommendation: Approve
5. ADOPT RESOLUTION NO. 2025-032 ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-26 - (Administrative Services) Staff Recommendation: Approve
6. ADOPT RESOLUTION NO. 2025-034, ACCEPTING THE CONSTRUCTION
IMPROVEMENTS FOR THE REEDLEY AIRPORT RESTROOM PROJECT AND
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE - (Engineering)
Staff Recommendation: Approve
2 7. ADOPT RESOLUTION NO. 2025-036 APPROVING AN UPDATED CITY PERSONNEL POLICIES & PROCEDURES MANUAL - (Administrative Services) Staff Recommendation: Approve
PUBLIC HEARING
8. ADOPT RESOLUTION NO. 2025-035 LEVYING THE FISCAL YEAR 2025-2026 ANNUAL
ASSESSMENTS FOR THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO.1 - Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Engineering) Staff Recommendation: Approve
ADMINISTRATIVE BUSINESS
9. REJECT ALL BIDS RECEIVED OR AWARD A CONTRACT TO THE LOWEST
RESPONSIBLE, RESPONSIVE BIDDER FOR THE REED AVENUE AND REEDLEY COLLEGE DRIVEWAY TRAFFIC SIGNAL PROJECT BID OPENING HELD ON APRIL 14, 2025 - Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Engineering)
Staff Recommendation: Approve
COUNCIL REPORTS
10. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
11. 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 22"' day of May 2025. _ ~ R~ ood, City Clerk
Dates to Remember:
June 10, 2025-Regular Meeting at 7pm
June 24, 2025 -Regular Meeting at 7pm
3 REEDLEY CITY COUNCIL MEETING - May 13, 2025
A complete audio record ofthe minutes is available at www.reedley.ca.gov The special meeting of Reedley City Council called to order by Mayor Tuttle at 6:00 p.m. on Tuesday, May 13, 2025 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
ROLL CALL
Council Members
Present:
Absent:
Christopher Arriaga, Michael Crutchfield, Mary Fast, Scott Friesen and Matthew Tuttle None.
WORKSHOP
1. PROPOSED FISCAL YEAR 2025-26 BUDGET - No Action to be taken The Reedley City Budget is available on the City website: www.reedley.ca.gov BUDGET PRESENTATIONS AND DISCUSSIONS:
A. OPENING COMMENTS BY CITY MANAGER
City Manager, Nicole Zieba introduced the budget workshop. Ms. Zieba discussed the balanced budget and shared how other cities announced a budget deficit and funding shortfalls. The second workshop is scheduled for May 27, 2025 at 6pm with the final budget adoption scheduled for June 10, 2025 B. BUDGET SUMMARY AND OVERALL FISCAL POSITION FOR FY 2025/26 Assistant City Manager, Paul Melikian presented the overall proposed City budget and answered questions asked by Council.
Nick Jones, Pastor of Redeemers Church and Chief Executive Officer of Serve Reedley presented data about the success of the Family Assistance In Transitional Housing (FAITH) House and requested that Council continue to provide funding support for their services.
Mayor Tuttle requested to recess the special meeting until the conclusion of the regular meeting.
RECESS
7:07PM-8:50PM
C. ADMINISTRATION
Ms. Zieba reviewed the budget for administration and answered questions.
D. ADMINISTRATIVE SERVICES
Mr. Melikian presented the proposed Administrative Services budget and answered questions asked by Council.
E. COMMUNITY DEVELOPMENT DEPARTMENT
Community Development Director, Rodney Horton presented and reviewed the Community Development and Building Department budget. He reviewed the Planning Division goals. Mr. Horton provided information on the Building Department Division accomplishments and discussed all the construction happening in town. At the conclusion Mr. Horton answered questions asked by Council.
At the conclusion of Mr. Horton's presentation Mayor Tuttle brought up Council Member protocols II section 4 which states "Council establishes 10:00pm as the hour of adjournment and will not continue past 10:00pm REEDLEY CITY COUNCIL MEETING - May 13, 2025
without a majority of the Council." With one item left on the agenda to discuss Mayor Tuttle requested a vote to go past 10: 00pm
Council Member Fast motioned to continue past 1 0:00pm with Council Member Crutchfield seconding and the motion was unanimously carried
F. COMMUNITY SERVICES DEPARTMENT
Community Services Director, Sarah Reid stated that the Community Services Department encompassed a variety of divisions and programs and some of the accomplishments of the department. Ms. Reid addressed the 2025-26 proposed budget for the department, reviewing the department's expenditures and revenues for the programs. She reviewed the highlights of her department and the shared the future goals of the Community Services Department.
ADJOURNMENT
Mayor Tuttle adjourned the special meeting at 10: 16 p.m.
Mayor Matthew Tuttle
ATTEST:
Ruthie Greenwood, City Clerk
2 REEDLEY CITY COUNCIL MEETING - May 13, 2025
A complete audio record of the minutes is available at www.reedlev.ca.gov The meeting of Reedley City Council was called to order by Mayor Tuttle at 7:07 p.m. on Tuesday, May 13, 2025 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Pastor Mark Stanley, Cornerstone Community Church
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tuttle.
ROLL CALL
Council Members
Present:
Absent:
Christopher Arriaga, Michael Crutchfield, Mary Fast, Scott Friesen and Matthew Tuttle None.
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
Council Member Friesen motioned, Council Member Fast seconded to accept and approve agenda.
Motion unanimously carried.
PRESENTATION
1. NATIONAL PUBLIC WORKS WEEK
Public Works Director Russ Robertson spoke about the importance of National Public Works Week.
PUBLIC COMMENT
None.
CONSENT AGENDA (Item 2-7)
Council Member Fast asked to discuss item 5 and 6 prior to the vote. Police Chief Marc Ediger answered questions about both items.
Mayor Tuttle moved, Council Member Fast seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
2. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 22, 2025 -Approved
3. CONSIDERATION OF ITEMS PERTAINING TO URGENT REPLACEMENT OF THE CITY PHONE SYSTEM
A. RATIFICATION OF A FIVE-YEAR MASTER SERVICES AGREEMENT WITH INTERMEDIA.NET, INC. THROUGH AUDEAMUS DBA SEBASTIAN CORPORATION FOR
A CITYWIDE PHONE SYSTEM
B. ADOPT BUDGET RESOLUTION NO. 2025-028 AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET TO APPROPRIATE $20,000 IN MULTIPLE FUNDS FOR
IMPLEMENTATION COSTS ASSOCIATED WITH THE CITY PHONE SYSTEM PROJECT -Approved
4. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY OF REEDLEY
A SERVICE AGREEMENT WITH KINGS CANYON UNIFIED SCHOOL DISTRICT FOR NARCOTICS REEDLEY CITY COUNCIL MEETING - May 13, 2025
DETECTION, INTERVENTION AND PREVENTION FOR A PERIOD OF 3 YEARS BEGINNING JULY 1, 2025 THROUGH JUNE 30, 2028-Approved
5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY OF
REEDLEY, A SERVICES AGREEMENT WITH KINGS CANYON UNIFIED SCHOOL DISTRICT FOR TWO SCHOOL RESOURCES OFFICERS FOR A PERIOD OF THREE YEARS; BEGINNING JULY 1, 2025 THROUGH JUNE 30, 2028 -Approved
6. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY OF
REEDLEY, A SERVICES AGREEMENT WITH KINGS CANYON UNIFIED SCHOOL DISTRICT FOR
RESTORATIVE JUSTICE MANAGEMENT, UNDER THE REEDLEY PEACE BUILDING INITIATIVE, FOR A PERIOD OF THREE YEARS; BEGINNING JULY 1, 2025 THROUGH JUNE 30, 2028 PROJECT - Approved
7. ADOPT RESOLUTION NO. 2025-033 AMENDING THE 2024-25 ADOPTED BUDGET APPROPRIATING
FUNDS FOR A YOUTH FUTSAL CAMP IN PARTNERSHIP WITH REEDLEY HIGH SCHOOL BOYS SOCCER PROGRAM -Approved
PUBLIC HEARING
8. INTRODUCTION AND FIRST READING OF ORDINANCE 2025-002 REPEALING AND REPLACING CHAPTER 3 OF TITLE 5 OF THE REEDLEY MUNICIPAL CODE CONCERNING ANIMAL CONTROL Chief Ediger explained the proposed changes to the animal control ordinance.
Public Hearing Opened: 7:46 p.m.
Public Hearing Closed: 7:47 p.m.
Mayor Tuttle motioned to approve and Council Member Crutchfield seconded to approve INTRODUCTION AND FIRST READING OF ORDINANCE 2025-002 REPEALING AND REPLACING CHAPTER 3 OF TITLE 5 OF
THE REEDLEY MUNICIPAL CODE CONCERNING ANIMAL CONTROL
Motion unanimously carried.
9. CONSIDERATION BY THE CITY COUNCIL OF THE CITY OF REEDLEY CONFIRMING THE AMOUNT
OF THE ASSESSMENT LIEN FOR UNPAID ADMINISTRATIVE CITATION FINES ON CERTAIN REAL
PROPERTY WITHIN THE CITY OF REEDLEY
Code Enforcement Officer Jesalyn Harper explained in detail the violations at both properties and shared the history of violations. Ms. Harper explained that to date the citations have been unpaid and the properties are still out of compliance with Reedley Municipal Code.
Council Member Crutchfield motioned to approve CON SID ERA TION BY THE CITY COUNCIL OF THE CITY OF
REEDLEY CONFIRMING THE AMOUNT OF THE ASSESSMENT LIEN FOR UNPAID ADMINISTRATIVE CITATION FINES ON CERTAIN REAL PROPERTY WITHIN THE CITY OF REEDLEY and Council Member Crutchfield added he also wanted to adopt Resolution 2025-026 and Resolution 2025-027 and Council Member Friesen seconded the motion.
Motion unanimously carried.
ADMINISTRATIVE BUSINESS
10. ANNUAL MILITARY EQUIPMENT REPORT AS PER REEDLEY CITY ORDINANCE 5-14-5: REPORT ON THE USE OF MILITARY EQUIPMENT FOR THE 2025 CALENDAR YEAR Police Chief Ediger explained Assembly Bill 481 mandates that a law enforcement agency must secure approval from the governing body for the continued use and reporting of equipment employed during the prior calendar year. Items detennined to be considered military equipment per the Assembly Bill 481 are tools which have been used by law enforcement to enhance community safety and officer safety.
The term military equipment does not necessarily indicate equipment that has been used by or purchased from the military. Items include drones, command vehicles, pepper balls, less lethal projectile launchers and 2 REEDLEY CITY COUNCIL MEETING - May 13, 2025
distraction devices. If the police departments did not have the ability to use the tools which are now classified as military equipment it would jeopardize the safety of the community and the peace officers. Chief Ediger stated the required community meeting will take place Thursday, May 22, 2025 at 6pm at Reedley Council Chambers.
Council Member Arriaga motioned to approve the ANNUAL MILITARY EQUIPMENT REPORT AS PER REEDLEY CITY ORDINANCE 5-14-5: REPORT ON THE USE OF MILITARY EQUIPMENT FOR THE 2025 CALENDAR YEAR and additionally stated renewal of the ordinance for another year and Council Member Crutchfield seconded to approve the motion.
Motion unanimously carried.
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.
11. REEDLEY COMMUNITY SERVICES COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 5, 2024
COUNCIL REPORTS
12. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Arriaga
• Shared about the Coffee with the City event he attended Council Member Fast
• Attended the Elvis event hosted by the Senior Center
• Shared about the Street Fair she attended
• Thanked everyone for a successful Mayor's Prayer Breakfast • Mentioned the Cottonwood Ribbon Cutting she attended
• Discussed the Farmers Market at Reedley College
• Attended Air Board meeting and provided a brief update • Mentioned Immanuel School's Open House
Council Member Friesen
• Discussed Reedley High School track championship he attended Council Member Crutchfield
• Attended Good Morning Reedley
• Shared about the No One Left Behind event he attended in Dinuba • Mentioned the Street Fair he attended
Mayor Tuttle
• Discussed the Good Morning Reedley he attended
• Shared about the Council of Governments meeting he attended and provided a brief update • Mentioned the City Selection Committee meeting he attended and provided a brief update • Attended the No One Left Behind event in Dinuba
• Mentioned the Mayor's Prayer Breakfast
STAFF REPORTS
UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager Nicole Zieba:
• Mentioned about upcoming City Council meetings
• Discussed partnership with Sierra Kings Health Care District for Mental Health Month 3 REEDLEY CITY COUNCIL MEETING - May 13, 2025
Chief Ediger:
• Mentioned National Peace Officer Memorial Day
ADJOURNMENT
Mayor Tuttle adjourned the regular meeting at 8:39 p.m.
ATTEST:
Ruthie Greenwood, City Clerk
Mayor Matthew Tuttle
4 REEDLEY CITY COUNCIL
DATE: May 27, 2025
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 2 ----
TITLE: RECOMMENDATION OF REJECTION OF CLAIM - SANDRA FLORES, ET AL.
SUBMITTED: Amar Bains, Accountant ~
REVIEWED: Paul A. Melikian, Assistant City Manage jfA--' APPROVED: Nicole R. Zieba. City Manager
RECOMMENDATION
That the City Council reject the claim filed by Sandra Flores, Marleen Lemos, and Jorge Lemos on April 29, 2025. The claim was referred to Acclamation Insurance Management Services (AIMS) for investigation and recommendation to the City.
BACKGROUND
According to the Claim Forms filed by Attorneys at the Law Offices of John F. Falcocchia on behalf of their clients listed above, on November 02, 2024, Miguel Angel Marin was traveling in a 2018 Honda Civic in the northbound lane of Reed Avenue when he encountered flooding on the northbound Reed Avenue shoulder and roadway. Mr. Marin abruptly turned his vehicle sharply left and drove across the southbound lane of Reed Avenue and onto the shoulder where he struck a parked semi-truck and trailer. The crash was fatal and resulted in Mr. Marin's immediate death.
Claimants allege that the City of Reedley failed to enforce its municipal codes and ordinances prohibiting water flowing onto the northbound Reed Avenue public roadway on the date of this accident. Claimants further allege that they have been damaged by their loss of love, affection, care, comfort, moral support, financial support, gifts, guidance, pain, suffering and emotional distress. Each claimant is seeking $7 Million in damages.
AIMS reviewed the official police report completed by the California Highway Patrol. The accident did not happen within the City Limits. The police report indicated that the roadway was dry at the time of the accident. The weather was clear and no visual obstructions were noted. The crash happened at night and since there were no witnesses, it was difficult to explain why Mr. Marin drove his vehicle across southbound Reed Ave and off the road into the back of the parked tractor-trailer.
AIMS did not find evidence of negligence or liability on the part of the City and has therefore recommended that the claim be rejected.
Pursuant to Government Code Section 912.4, the City Council must act upon a claim within 45 days after receipt. If there is no official action by Council, the claim is deemed to be rejected on the last day. Denial by minute order action provides a clearly defined rejection date and allows AIMS to begin their investigation and take appropriate action to resolve the claim in a timely manner.
ATTACHMENTS
1. Claim
CLAIM FORM
(Please Type Or Print)
CLAIM AGAINST -----'------'--~'-----o ............... E_-....L.._-:,..:.-~----L___,.-c.---"-4_L____!._) P:_______:o~tt_J_,_A __ _ Claimant's name: ~ .(JJ O ,l!_Jf
SS#: _________ DOB: Gender: Male ___ _
Claimant's address: __.,6_~$~2=,..__,,.'------'---'--~<....:...--------=-----CL __ .A._/_,_'/)2'-+=,1'-'------------- .
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Address where notices about claim are to be sent, if different from above:
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Date of incident/accident: __ .5....,1.--~=----___L~~L=-Jl'.__!......:£1)~~-C...___:L::.......:..:=1,.--~l~'.L------------- Date injuries, damages, or losses were discovered: _ _..,_6~_.S_-5-==--'-~~~__,'-------"~=------~-f-)-'----"~=-=L!,,,,___C_ · -'--=4e:::::E.__,,,./-=1?~--- Location of incident/accident: __ ___._,-5:_...:i....... ;s ___ __,,,, 7 4~~7 z-..'---"~e.___,_,:;~--"--'C--==-Jf___;__;{JL),::_c:_ __ Cb4==L...4~~~;C,L---------- What did entity or employee do to cause this loss·, damage, or injury? ------------'------------ (Use back of this form or separate sheet if necessary to answer this question in detail.) What are the names of the entity's employees who caused this injury, damage, or loss (if known)? _________ _ What specific injuries, damages, or losses did claimant receive? ------------~------ d,_ 4-d
What amount of money is claimant seeking or, if the amount is in excess of $10,000, which is the appropriate court of jurisdiction. Note: If Superior and Municipal ourts a e on oli?ated, y~u must repre en~ whyther it is a "limited civil case" [see Government Code 910(±)] Cb /l:.- •
352 4~~c);~I) CL,4/);2 bHow was this amount calculated (please itemize)? _.s....c """5___,~,,,___ ..... 2_,· _ _.LL7'i~"'---..:___ . -~-~_'Jl_._·~~l(J~ __ C-.--=~L=4=·-;,_.;I!.~~ -<::--- (Use back of this form or separate sheet if necessary to answer this question in detail.) DateSigned: 'J_ /z=rC) Signature:&~~4:di/4
. /
If signed by representative: . _.,,I .
Representative's Name ft:> ,l;J'i,)<...J j Y:-,,4L,C6u/l(I/A.ddress Telephone #Q ~ ) 2 g> ' __. "o/ /&:
=7 ~ ·--r Relationship to Claimant A!f b ~ ,,. ,, d ""
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DATE:
TITLE:
SUBMITTED:
APPROVED:
May 27, 2025
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3 ----
APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT
WITH PETERS ENGINEERING GROUP TO PERFORM ON-CALL PROFESSIONAL
SERVICES FOR THE ENGINEERING DEPARTMENT AS NEEDED
Marilu S. Morales, P.E. , ijA City Engineer _f'
Nicole R. Zieba J A /
City Manager V -y
RECOMMENDATION
Approve and authorize the City Manager to sign an agreement with Peters Engineering Group to perform on-call professional services for the Engineering Department as needed.
EXECUTIVE SUMMARY
The Engineering Department is currently responsible for reviewing all improvement plans for development projects within the City of Reedley. To complete such activities engineering expertise is needed and familiarity with the City Standard and Specifications. Due to the complexity of development projects and the existing work load of the department the standard review time for the first submittal improvement plans is approximately 90 working days. Developers have asked if there are ways to expedite the review time and if they could pay an expedited fee to have the plans reviewed more quickly. Since the request has come into the department a few times, a new fee was added to the master fee schedule in preparation for using outside consultants to perform the expedited review. The on-call consultant will only be used on an as-needed basis when developers are willing to pay the expedited fee to review the plans.
Peters Engineering Group is familiar with municipality plan reviews as they are consultant City Engineers for a nearby City within Fresno County and have also designed multiple projects within the City of Reedley so they are well versed with the City Standards and Specifications. In addition, they have the staff capacity as well as the expertise and certifications necessary to review and approve of improvement plans at an expedited rate. Staff desires to maintain a contract with Peters Engineering Group for three years, allowing staff to analyze consultant performance and recommend changes to contract terms or service providers as appropriate. The review time will be billed at an hourly rate as shown in the agreement and their services will only be used when requested by developers.
The Department desires to provide residents and developers this added expedited plan review service as an additional customer service measure. Staff does anticipate utilizing the services of Peters Engineering Group due to consistently strong development activity projected to continue for the next
few years.
FISCAL IMPACT
There is no negative impact to the City given that the costs of service are determined per-project, and are paid by the applicant needing their improvement plans approved.
ATTACHMENTS
1. Draft Professionals Service Agreement with Peters Engineering, Inc.
PROFESSIONAL SERVICES AGREEMENT
This Agreement, entered into this __ day of ________ , 2025, by and between the City of Reedley, hereinafter referred to as the "CITY", and Peters Engineering Group hereinafter referred to as the "CONSUL TANT".
WITNESS ETH
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions, and WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the review and approval of improvement plans for various projects within the City of Reedley hereinafter referred to as the "WORK"; and WHEREAS, the CONSUL TANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, under the direction of the City Manager or City Engineer, CITY and CONSUL TANT agree as follows:
I. SERVICES TO BE PERFORMED BY THE CONSUL TANT
A. Scope of Services: Services will be provided on an on-call basis and under a Task Order process between the CITY and the CONSUL TANT, on a time and material basis. Work under the on-call basis will consist of plan review services.
B. Authorized Scope of Services: The CONSUL TANT agrees to perform all services necessary to complete in a manner satisfactory to the CITY the plan review services at the rates identified in attached Exhibit "A" - Hourly Rate Schedule.
II. TERM
This agreement is for a period of three (3) years beginning ____ with an option for up to two (2) one-year extensions. The CITY reserves the right to utilize other consultants for the same services as needed.
II. TIME OF PERFORMANCE
This agreement shall be in effect the date of the City Council approval and the CONSULTANT shall commence performance of and complete the work within the time specified for each task.
If the CONSUL TANT fails to complete the WORK within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSUL TANT on that basis.
CONSUL TANT shall not be responsible for delays which are due to causes beyond the CONSULTANT'S reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties, but CONSUL TANT shall not be entitled to additional compensation as a result of such delay.
Ill. COMPENSATION
A.
B.
Total Compensation: To be negotiated, Time and Material, per Project.
Payment of Compensation: The CONSUL TANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any. All billings shall be subject to verification and approval by the CITY.
IV. AUTHORIZED REPRESENTATIVE
A. CITY: The City Manager, Assistant City Manager or City Engineer shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Reedley is specifically required.
B. CONSUL TANT: Peters Engineering Group shall represent and act as CONSUL TANT in all matters pertaining to the services to be rendered by it under this Agreement.
V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised by either party, without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.
A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination.
B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, immediately
terminate the whole or any part of this Agreement in any of the following circumstances:
1. If the CONSUL TANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or
2. If the CONSUL TANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.
C. Post-Termination:
1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, another party to complete the services under this Agreement.
2. Except with respect to defaults of subconsultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSUL TANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event of the failure to perform is caused by the default of a subconsultant, the CONSUL TANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSUL TANT to meet the required delivery schedule or other performance requirements.
3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement. The use of all finished and unfinished work product shall be in accordance with Section XI, Documents and Data.
4. Upon termination, with or without cause, CONSUL TANT will be compensated for the services satisfactorily performed to the date of termination according to compensation provisions contained herein;
provided that, upon termination for cause, the CITY may withhold such amount as the CITY deems appropriate to compensate the CITY for costs or damages incurred as a result of the
CONSUL TANT's default. In no event, shall the total compensation paid CONSUL TANT exceed the total compensation agreed to herein.
5. If, after notice of termination of this Agreement for cause, as provided for in this article, it is determined for any reason that the CONSUL TANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.
6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.
VI. INTEREST OF OFFICIALS AND THE CONSUL TANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:
1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or
2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.
B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSUL TANT further covenants that in the performance of this work, no person having any such interest shall be employed.
VII. NO PERSONNEL, AGENCY OR COMMISSION
The CONSUL TANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSUL TANT for the purpose of securing business. For breach or violation of this warranty, the CITY
shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
VIII. SUBCONTRACTING
A. The CONSUL TANT shall not subcontract or otherwise assign any portion of the services to be performed under this Agreement without the prior written approval of the CITY.
B. Without limiting Paragraph A, in no event shall the CONSUL TANT subcontract services in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project described in this Agreement.
IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSUL TANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSUL TANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSUL TANT in the performance of said services hereunder.
The CONSUL TANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.
X. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the services specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.
XI. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.
Documents, including drawings and specifications, prepared by CONSUL TANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of
the WORK or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSUL TANT will be at CITY's sole risk and without liability to CONSUL TANT. Further, any and all liability arising out of changes made to CONSUL TANT's deliverables under this Agreement by CITY or persons other than CONSUL TANT is waived as against CONSUL TANT, and the CITY assumes full responsibility for such changes made by the CITY or its agents unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
B. Publication: No report, information, or other data given or prepared or assembled by the CONSUL TANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSUL TANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSUL TANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.
C. Copyrights: The CONSUL TANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.
XII. INDEMNIFICATION AND INSURANCE
A. As respects acts, errors, or omissions in the performance of services, CONSULTANT shall indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or damages arising directly out of CONSUL TANT's negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligent acts of CITY.
B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSUL TANT shall indemnify, defend (at CITY's option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and designated volunteers from and against any and all claims, demands, defense costs, liability, or damages of any kind or
nature arising out of or in connection with CONSUL TANT (or CONSUL TANT's subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligent acts of CITY.
C. Without limiting CITY's right to indemnification, it is agreed that CONSUL TANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
1. Workers' Compensation insurance as required by California statutes, and Employer's Liability Insurance in an amount not less than One Million Dollars ($1,000,000).
2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.
Such insurance shall include coverage for Premises and
Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor's Liability (if applicable).
3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
4. Comprehensive automobile liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
D. The City Manager is authorized to reduce or modify the requirements set forth above in the event he/she determines that such reduction is in the CITY's best interest.
E. Each insurance policy required by this Agreement shall contain the following clause:
"This insurance shall not be canceled, any change in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Reedley, 845 G Street, Reedley, CA 93654." The clause shall not contain "shall endeavor," best efforts or similar qualifiers.
In addition, the Commercial general liability and comprehensive
automobile liability policies required by this Agreement shall contain the following clauses:
"It is agreed that any insurance maintained by the City of Reedley shall apply in excess of and not contribute with insurance provided by this policy."
For the general liability and automobile policies only, the City of Reedley, its officers, agents, employees, representatives and designated volunteers are added as additional insured's as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Reedley.
F. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSUL TANT's responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.
G. In addition to any other remedies CITY may have if CONSUL TANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY, may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or
2. Order CONSUL TANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT
hereunder until CONSUL TANT demonstrates compliance with the requirements hereof; or
3. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other
remedies CITY may have and is not the exclusive remedy for CONSUL TANT's failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSUL TANT's or its subcontractor's performance of the work covered under this Agreement.
XIII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSUL TANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Caltrans-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.
XIV. MISCELLANEOUS PROVISIONS
A. Asbestos and Hazardous Materials: In providing its services hereunder, CONSUL TANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the WORK. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.
B. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
C. Prohibition of Assignment: Neither the CITY nor CONSUL TANT shall assign, delegate or transfer their rights and duties of this Agreement without the written consent of the other party.
D. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.
E. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSUL TANT, or if sent via the United State Postal Service, postage prepaid, addressed as
follows:
CITY OF REEDLEY
1733 Ninth Street
Reedley, CA 93654
Attn: City Clerk
PETERS ENGINEERING GROUP
862 Pollasky Avenue
Clovis, CA 93612
Attn: David Peters
F. JurisdictionNenue/Waiver of Removal: This Agreement shall be administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that State.
Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Fresno County, California.
The CONSULTANT hereby expressly waives any right to move any action to a county other than Fresno County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
G. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSUL TANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.
This Agreement may not be modified or altered except in writing signed by the CITY and the CONSUL TANT.
H. Conflict with Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
I. Attorney's Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable attorney's fees and court costs incurred in the action brought thereon.
J. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.
K. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.
L. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONSULTANT
a California limited partnership business
BY: ------------- David Peters, PE, TE, PTOE
President/Principal Engineer
Peters Engineering Group
Attachments:
Exhibit "A": Hourly Rate Schedule
CITY OF REEDLEY
a California municipal corporation
BY: ------------- Nico I e R. Zieba
City Manager
RECOMMENDED FOR APPROVAL
BY: ------------- Mari I u S. Morales, P.E.
City Engineer
PETERS ENGINEERING GROUP
A CALIFORNIA CORPORATION
CLASSIFICATION
Principal Civil Engineer
Senior Civil Engineer
Civil Engineer
Land Surveyor
EXHIBIT "A"
HOURLY RATE SCHEDULE
(Effective 1/1/25 to 12/31/25)
Staff Engineer
Draftsperson/Technician/Inspector
Clerical
Litigation Support
DESCRIPTION
Mileage
Travel Subsistence
Postage
Reproduction
Subconsultant
REIMBURSABLESSCHEDULE
(Effective 1/1/25 to 12/31/25)
RATE
$240/hr
$220/hr
$195/hr
$185/hr
$170/hr
$150/hr
$100/hr
$500/hr
$0.68/mile
Actual Cost + 10%
Actual Cost + 10%
Actual Cost + 10%
Actual Cost + 10%
Work requiring an accelerated schedule is subject to a 25% labor surcharge. Peters Engineering Group will furnish monthly billing for work performed in accordance with previously authorized fees and the above fee schedule. Payments shall be due upon presentation and no later than 30 days from the date of original invoice. Finance charges will apply to unpaid balances.
DATE:
TITLE:
May 27, 2025
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: LJ ----
SECOND READING AND ADOPTION OF ORDINANCE 2025-002
AMENDING CHAPTER 3 OF TITLE 5; SPECIFICALLY, SECTIONS 5- 3-20, 5-3-22 AND 5-3-27 OF THE REEDLEY MUNICIPAL CODE
CONCERNING ANIMAL CONTROL.
SUBMITTED: Marc A. Ediger, Chief of Police
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
Staff recommends that the City Council approve the second reading and adoption of Ordinance No. 2025-002, pertaining to Chapter 3 of Title 5; Specifically, sections 5-3-20, 5-3-22 and 5-3-27 of the Reedley Municipal Code concerning Animal Control.
BACKGROUN
Over the course of the last four years the City of Reedley has experienced an increase in the number of animal related calls for service through the Police Department communications center. The increase in animal related calls for service equates to a 35% increase in the over a four-year period (2024 = 1,381 calls / 2020 = 967 calls). The increase and frequency in these types of calls points to a probable pet overpopulation problem in the City of Reedley.
The increase in stray, lost or abandoned dogs has resulted in an increased risk to public safety, the inhumane treatment of animals, mass euthanasia at local animal shelters and the reduced ability to find adoption shelters due to overpopulation and a surplus of dogs.
The City has historically partnered with rescue organizations and foster families for unclaimed dogs in the shelter. These partnerships have been effective in reducing the shelter population and euthanasia rates. However, with the increase in stray or abandoned dogs in the region, many of the rescue organizations are operating at maximum capacity and will not accept dogs as often as they would have in the past. The proposed language to be added to the Animal Control sections are designed to have a direct impact on pet overpopulation and breeding of animals.
As a result of research into effective options, a proposal of additional language and regulations are recommended in the following sections of the Reedley Municipal Code:
• Chapter 3; 5-3-20: Redemption of Impounded Animals
o Licensing and microchipping (required upon release)
o Spay/ neuter recommendation, assistance offered with City fee o Spay/ neuter requirement within 30 days of release
• If no proof provided, owner will be required to obtain breeder permit • Chapter 3; 5-3-22: Disposition of Impounded Animals; Abandonment o Requirement to turn animal over to rescue organization (if accepted) prior to scheduling euthanasia.
• Chapter 3; 5-3-27 Commercial Animal Establishments
o Kennel Permit
• Maximum number of animals, inspections, penalties for non-compliance o Breeder Permit
• Sale restrictions / age of animals
• Number of litters per year, penalties for non-compliance • Advertising
FISCAL IMPACT
Proposed fees and penalties related to Reedley Municipal Code Title 5, Chapter 3: Animal Control were submitted by staff in the Master Fee Schedule adoption by City Council on April 22, 2025, and would apply to the above listed proposed changes. The proposed "new" fees in the Animal Control section would allow for cost recovery for the additional workload on the Animal Control Officer, increase in food for the City shelter, vaccine, transportation, and shelter housing costs.
PRIOR COUNCIL ACTIONS
A Public Hearing on the introduction and first reading of Ordinance 2025-002 was held at a regularly scheduled City Council meeting on May 13, 2025.
ATTACHMENTS
1. Ordinance No. 2025-002, An Ordinance of the City Council of the City of Reedley Amending Chapter 3 of Title 5 of the Reedley Municipal Code concerning Animal Control.
ORDINANCE NO. 2025-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING SECTIONS 5-3-20, 5-3-22, AND 5-3-27 OF CHAPTER 3 OF TITLE 5
OF THE REEDLEY MUNICIPAL CODE CONCERNING ANIMAL CONTROL
REGULATIONS
The City Council of the City of Reedley does hereby ordain as follows:
SECTION 1. Section 5-3-20 of the Reedley Municipal Code is hereby amended to read as follows:
5-3-20: REDEMPTION OF IMPOUNDED ANIMALS:
A. The owner or person(s) entitled to the control of any animal, which is impounded, may at any time prior to the lawful disposal of the animal redeem the animal by paying all applicable fees.
B. Licensing and Microchipping Impounded Animals.
I. The poundmaster shall not release an unlicensed animal to its owner, or adopt or foster an unlicensed animal, to any person who resides in the City, unless the owner or purchaser, respectively, secures the required license, and pays any fees and penalties required. The poundmaster shall not release an animal from the Reedley Animal Shelter that is not microchipped to its owner, or transfer ownership of an animal to any person until a microchip has been implanted in the animal. The owner of the animal is solely responsible for all costs associated with microchip implantation.
2. In order to assist with the identification of animals and reunification in the event an animal is lost or abandoned, the poundmaster shall implant any animal to be released from the Reedley Animal Shelter with a microchip. The cost of microchipping will be the responsibility of the owner or adopter of any animal to be released. The fees for microchipping will be set forth by a resolution of the City Council.
3. Spay/Neuter Compliance for Shelter Animals.
A spay or neuter recommendation by the poundmaster will be made upon the release of any unaltered dog or cat from the Reedley Animal Shelter pursuant to Food and Agriculture Code section 30503. A spay/neuter fee may be deposited by owner of the animal to the City, for assistance by the Animal Control Officer to spay/neuter the animal, including transportation to a licensed veterinarian. The fee will be pursuant to a resolution set forth by the City Council.
To further help reduce the pet overpopulation problem, any animal released from the City animal shelter shall be required to be spayed or neutered within thirty (30) days of release. Proof of spay/neuter must be provided to the poundmaster within thirty (30) days of animal release from the shelter. If no proof is provided, owner will be required to purchase and maintain a breeder permit issued by the poundmaster.
SECTION 2. Section 5-3-22, subdivision (B) of the Reedley Municipal Code is hereby amended to read as follows:
5-3-22: DISPOSITION OF IMPOUNDED ANIMALS; ABDANDONMENT:
B. If any unlicensed dog, or any dog bearing no license tag, is taken and impounded under the provisions of this chapter, and is not redeemed within five (5) days of impoundment, the dog may be turned over to a rescue organization for adoption or fostering. If rescue, adoption or fostering efforts have been exhausted, or are not a viable or safe option, the poundmaster may humanely euthanize such dog.
SECTION 3. Section 5-3-27 of the Reedley Municipal Code is hereby amended to read as follows:
5-3-27: COMMERCIAL ANIMAL ESTABLISHMENTS:
A. Breeder/Kennel Permit Regulations.
1. Purpose of Regulations.
The City Council finds and declares that there exists a pet overpopulation problem in the City of Reedley. Overpopulation has resulted in a threat to public health and safety, inhumane treatment of animals, mass euthanasia of dogs and cats at local animal shelters, and escalating costs for animal care and control. The City Council further finds that uncontrolled breeding is a contributing cause to this problem. In part, the solution is determined to be that all dogs, four ( 4) months of age and older, be licensed and spayed and neutered, unless the owners purchase the appropriated license/permit for the privilege of maintaining the animal intact and allowing it to breed. The City Council also finds that an increase in the license fee for unaltered dogs will encourage dog owners to spay/neuter their dog(s) in order to help alleviate the City's pet overpopulation problem.
2. Kennel/Breeder Permit Process.
An application for all kennel or breeder permits pursuant to this chapter shall be filed with the poundmaster, on a prescribed form. Permit applications will be reviewed, and approved or denied within thirty (30) days of submitting the application. Fees charged for these permits shall be set annually by a resolution of the City Council as recommended by the poundmaster. The kennel and breeder permits shall be issued for the calendar year or any part thereof and are effective from January 1st of each year and expire on December 31st of that same year. The full amount of the permit fee shall be paid even though the permit is issued for only a portion of a permit year. Renewal and payment of the permit is due and payable on January l st of each year. The poundmaster shall collect a delinquent penalty in an amount equal to the amount as established for license penalties.
The failure to obtain the appropriate permit is punishable as an infraction as set forth herein. Any or all of the permits within this code may be immediately suspended for any violations of the conditions for commercial animal establishments, or for any health or safety reasons as determined by the poundmaster, as prescribed in this section.
B. Kennel Permit.
1. It is unlawful for any person(s) to own, maintain, or harbor, any more than a total of six (6) dogs and/or cats combined within the City limits without first obtaining a kennel permit (or breeder permit for animals less than four (4) months in age) from the poundmaster. The issuance of the permit shall be at the discretion of the poundmaster who shall take into consideration the manner in which the animals are housed, sanitation and noise factors, as well as animal control regulations. The kennel permit may also require the payment of a separate kennel permit fee at the rate set by City Council. Kennel permits shall contain the same requirements as commercial establishments for the health and safety of animals and the general public.
2. All permitted kennels within the City limits shall be subject to inspection by the poundmaster, or his or her designee, upon request or safety as needed. The maximum number of animals permitted pursuant to any kennel permit is ten (10) dogs or cats four ( 4) months of age or older. If any kennel is found to be in violation of the maximum number of animals allowed, the kennel permit may be revoked or suspended by the poundmaster.
3. Non-Compliance Penalties:
1. First violation; a penalty not to exceed one hundred dollars, ($100) per animal covered under the issued kennel permit.
11. Second violation; a penalty not to exceed three hundred dollars ($200) per animal covered under the issued kennel permit.
u1. Kennel permit will be revoked, and the permit holder will be banned from holding a kennel permit for a period of thirty-six (36) months.
C. Breeder Permit.
1. It is unlawful for any person to breed or allow any animal to be bred, resulting in any number of litters of dogs and/or cats for sale or profit, or to advertise for the sale/adoption of such animals, without first obtaining a breeder permit.
2. The fees for a breeder permit shall be set by a resolution of the City Council and must be submitted to the poundmaster for the breeding of dogs or cats that produce one (1) or more litters in a year, as well as advertising for the sale of dogs and cats within the City limits.
3. Breeding permit requirements are as follows:
1. No offspring can be sold/adopted until eight (8) weeks of age;
11. No offspring can be sold/adopted until vaccinated against common diseases; 111. The breeder permit holder must display the permit number when advertising the animals for sale/adoption.
4. Non-Compliance Penalties
1. First violation: infraction punishable by a fine of up to $100, to be issued through an Administrative Citation.
11. Second violation: If the owner/custodian fails to comply and correct the cause of the first violation within (30) days, it will be considered a second violation.
Any violation within one (1) year of a first violation will be considered a second violation. A second violation is considered an infraction punishable by a fine of up to $200, to be issued through an Administrative Citation. 111. A breeder permit will be revoked if a second violation occurs within twentyfour (24) months of issuance of original breeder permit. 1v. Permit holder will be banned from holding a valid breeder permit if a second violation occurs.
5. Breeder advertising.
It is unlawful for any person to advertise for the sale/adoption of a litter of dogs or cats in the city without including in the advertisement a city breeder permit number. A litter shall be defined as two or more offspring from the same female dog or cat. Failure to properly advertise the sale of a litter of dogs or cats will result in the suspension or revocation of a valid breeder permit.
6. Reporting of Dog/Cat Sale Records
Every commercial animal establishment holder of a breeder permit, holder of a kennel permit and others who sell/adopt animals for consideration must keep permanent records of all dogs/cats sold/adopted and provide such information upon the sale of any animal to the Poundmaster for licensing and confirmation of rabies vaccination.
SECTION 4.
If any section, sentence, clause or phrase of this chapter 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 portion of this chapter. The council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 5.
This Ordinance shall take effect thirty (30) days from the date of its adoption.
SECTION 6.
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.
ATTEST:
I hereby certify that the foregoing Ordinance No. 2025-002 was introduced and given first reading at a regular meeting of the City Council of the City of Reedley held on May 13, 2025, and was thereafter duly adopted at a regular meeting of said City Council held on May 27, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ruthie Greenwood, City Clerk
City of Reedley
Matthew Tuttle, Mayor
City of Reedley
DATE:
TITLE:
SUBMITTED:
REVIEWED:
APPROVED:
REEDLEY CITY COUNCIL
May 27, 2025
[8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ..5 ----
ADOPT RESOLUTION NO. 2025-032 ADOPTING THE ANNUAL APPROPRIATIONS LIM IT FOR FISCAL YEAR 2025-26
Amar Bains, Accountant Pr{b ·
Paul Melikian, Assistant City Manager ~
Nicole R. Zieba, City Manager ~
RECOMMENDATION
That the City Council adopt Resolution No. 2025-032 establishing the 2025-26 fiscal year Appropriations Limit at $28,255,019.
BACKGROUND
California Proposition 4, the "Gann Limit" Initiative (1979), created Article XIIIB of the State Constitution placing limits on the amount of revenue which can be spent by all entities of government. Proposition 4 became effective for the 1980-81 fiscal year; however, the formula for calculating the limits was based on the 1978-79 "base year" revenues. Proposition 111, approved by the voters in June 1990, provided new adjustment formulas to make the Appropriations Limit more responsive to local growth issues.
The Appropriations Limit applies to "all taxes levied by and for" an agency. This would include revenue received from property tax, sales tax, business license tax, motor vehicle fines, etc. It does not include Enterprise Fund revenues or successor redevelopment agency's tax increment revenues. (Redevelopment Agencies did not have the power to levy a property tax and were therefore exempt from the Appropriations Limit requirements.)
Article XIIIB of the California Constitution specifies that each city, when calculating their Appropriations Limit, may choose the growth in the California Per Capita Income or the growth in the non-residential assessed valuation due to new construction within the City and the population growth of the City or that of Fresno County. These are both annual elections.
For the 2025-26 Appropriations Limit, the City has used the change in California's per capita personal income and the population growth of the City of Reedley. Proposition 111 requires a review of the Appropriations Limit during the annual financial audit. The limit applies both to appropriation of tax proceeds and taxes received. For Fiscal Year 2024-25, both revenues and appropriations are anticipated to be well within that year's Constitutional limit of $25,893,529. For Fiscal Year 2025-26, it is estimated that both revenues and appropriations will be far less than the 2025-26 Constitutional limit of $28,255,019.
There is no fiscal impact to the City.
Historical Actual Vs Appropriation Limit
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Expenditures from Tax Revenue m Legally Adopted Appropriations Limit Expenditures from Tax Revenue
Legally Adopted Appropriations Limit
ATTACHMENTS
1. Resolution No. 2025-032
FY 2019-20 FY 2020-21 FY2021-22 FY2022-23 FY2023-24
$ 8,778,959 $ 11,801,590 $
$ 19,559,248 $ 20,324,015 $
12,889,779 $ 13,695,173 $ 14,140,164
21 ,583,131 $ 23,261,404 $ 24,719,359
2. Department of Finance Price and Population Information
3. Appropriations Limit Worksheet
RESOLUTION NO. 2025-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REEDLEY ADOPTING THE ANNUAL APPROPRIATIONS
LIMIT FOR FISCAL YEAR 2025-26
WHEREAS, Article XIIIB of the California Constitution requires cities to adopt annual appropriations limits; and
WHEREAS, Government Code Section 7910 requires each local government to establish its appropriation limit by resolution each year at a regularly scheduled meeting or a noticed special meeting; and
WHEREAS, the annual adjustment factors used in determining the appropriations limit requires a recorded vote of the City Council; and
WHEREAS, any challenge to the appropriations limit must be brought within 45 days of the effective date of this resolution.
NOW, THEREFORE, BE IT RESOLVED THAT the Appropriations Limit for the fiscal year 2025- 26 is hereby set at $28,255,019 and that one copy of the Appropriations Limit Worksheet, attached hereto and made a part hereof, describes how the appropriations limit was computed.
BE IT FURTHER RESOLVED THAT the City of Reedley has used the change in California's per capita personal income and the City of Reedley's population growth as annual adjustment factors for determining the Appropriations Limit, but that these factors may change in the future should other pertinent information become available.
BE IT FURTHER RESOLVED THAT any challenges to said Appropriations Limit must be filed in writing with the City Manager by no later than 45 days after the adoption of this Resolution. If challenges are made, the matter shall be set for hearing before the City Council at its next regularly scheduled meeting.
This foregoing resolution is hereby adopted this 27th day of May, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
PUBLIC NOTICE
CITY OF REEDLEY
FISCAL YEAR 2025-26
APPROPRIATIONS LIMIT WORKSHEET
PER CAPITA PERSONAL INCOME & POPULATION CHANGE METHOD
2024-25 APPROPRIATIONS LIMIT
FACTORS CHANGE
Per Capita Personal Income
Population Change
6.44%
2.52%
Calculation Factor: 1.0644 X 1.0252 = 1.0912
2025-26 APPROPRIATIONS LIMIT
$25,893,529
RATIO
1.0644
1.0252
$28,255,019
1. Pursuant to Government Code Section 7910, the Reedley City Council will consider adopting a resolution on May 27, 2025, to establish its appropriations limit for Fiscal Year 2025-26. Documentation used in the determination of the appropriations limit is available for public inspection, during regular business hours, at the Office of the Director of Finance, City Hall, 845 "G" Street, Reedley, CA 93654.
2. The 2025-26 appropriations limit was developed based upon information provided by the State of California Department of Finance and Government Code Section 7900 et seq.
3. The above illustrates that the appropriations limit for the 2025-26 Fiscal Year has been calculated at $28,255,019. This limit applies both to appropriation of tax proceeds and taxes received . Both revenues and appropriations for Fiscal Year 2025-26 are well within the Constitutional limits.
Posted - May 1, 2025
Paul A. Melikian
Assistant City Manager
Must post 15 days prior to meeting adopting resolution
May 2025
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2025-26 appropriation limit is:
Per Capita Personal Income
Fiscal Year
(FY)
Percentage change
over prior year
2025-26 6.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2025-26 appropriation limit.
2025-26:
Per Capita Cost of Living Change = 6.44 percent
Population Change= 0.28 percent
Per Capita Cost of Living converted to a ratio:
Population converted to a ratio:
Calculation of factor for FY 2025-26:
6.44 + 100 = 1 .0644
100
0.28 + 100 = l .0028
100
1.0644 X 1.0028 = 1.0674
FISCAL YEAR 2025-26
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2024 to January 1, 2025 and Total Population January 1, 2025 City County
Reedley City Fresno
Percent Change
24-25
2.52 Population Minus
Exclusions 1-1-24
25,950
*Exclusions include residents on federal military installations and Population Minus
Exclusions 1-1-25
26,603
Total Population
1-1-25
26,603
group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
DATE:
TITLE:
SUBMITTED:
APPROVED:
May 27, 2025
REEDLEY CITY COUNCIL
~ Consent Calendar
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: lo ----
ADOPT RESOLUTION NO. 2025-034, ACCEPTING THE CONSTRUCTION
IMPROVEMENTS FOR THE REEDLEY AIRPORT RESTROOM PROJECT AND
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH
THE COUNTY OF FRESNO RECORDER'S OFFICE
Marilu Morales \ \)A
City Engineer ,J·r-..
NicoleZieba ~ /
City Manager v-(
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2025-034, accepting the construction improvements for the Reedley Airport Restroom Project and authorize the City Engineer to file a Notice of Completion with the County of Fresno Recorder's Office.
EXECUTIVE SUMMARY
On October 7, 2024, City staff conducted the bid opening for the Reedley Airport Project (Project).
A "Notice of Award" was issued to the lowest responsible bidder, Better Enterprises, Inc. on November 14, 2024. The first working day on this contract was January 6, 2025. After excavation for the building foundation occurred and the electrical trench and conduit was installed to the building foundation, the contractor requested a suspension due to unforeseen scheduling with the subcontractors on the project. The suspension was granted and construction resumed a few weeks later. During construction there were also rain delays and rain days granted due to the weather. With the suspension and rain days granted the project was completed within the timeframe according to the contract.
There were no change orders requested on the Project. The final construction contract for the Project totaled $232,509.12. The contractor has completed all contract items to the satisfaction of the Building Official and the City Engineer.
PRIOR COUNCIL ACTIONS
Resolution No. 2024-085 awarded a construction contract for the Project to the lowest responsive, responsible bidder, Better Enterprises, Inc., in the amount of $232,509.12 plus a 10% contingency of the total bid or $23,250.91 for a total of $255,760.03.
FISCAL IMPACT
There is no fiscal impact with regard to the recordation of a Notice of Completion for the Project.
ATTACHMENTS
1. Resolution No. 2025-034
2. Notice of Completion
RESOLUTION NO. 2025-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ACCEPTING THE CONSTRUCTION IMPROVEMENTS FOR THE REEDLEY
AIRPORT RESTROOM PROJECT AND AUTHORIZING THE CITY ENGINEER TO
FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO
RECORDER'S OFFICE
WHEREAS, the Reedley Airport Restroom Project, has been completed per the plans and specifications; and
WHEREAS, there are no outstanding matters with the contractor regarding construction items; and WHEREAS, on May 27th , 2025 the City held a public meeting at the City of Reedley Council Chamber, at 845 "G" Street to consider acceptance of the construction improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Reedley using their independent judgment hereby resolves as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. The City Council using their independent judgment, hereby accepts the subject improvements.
3. The City Council hereby accepts the subject project for maintenance in accordance with the provisions of the contract and applicable ordinances and policies.
4. The City Council approves the Notice of Completion for the construction improvements for the Reedley Airport Restroom Project and hereby authorizes the City Engineer to transmit the attached Notice of Completion to the Fresno County Recorder's Office.
5. This resolution is effective upon adoption.
This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley on this 27th day of May 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RECORDING REQUESTED BY:
AND FOR THE BENEFIT OF,
City of Reedley
No Fee-Gov/t. Code Sections
6103 and 27383
WHEN RECORDED, MAIL TO:
City of Reedley
Engineering Department
1733 9th Street
Reedley, CA 93654
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is: City of Reedley
3. The full address of the owner is: 845 "G" Street, Reedley, CA 93654
4. The nature of the interest or estate of the owner is: City of Reedley Right-of-Way
5. A work of improvement on the property hereinafter described was completed on: May 8, 2025. The work done was: Reedley Airport Restroom Project
6. The name of the contractor, if any, for such work of improvement was: Better Enterprises, Inc.
7. The property on which said work of improvement was completed is in the City of Reedley, County of Fresno, State of California, and is described as follows: Reedley Municipal Airport, APN 333-181-34T
8. The street address of said property is: 4557 S Frankwood Avenue, Reedley, CA 93654
9. Resolution No. 2025-034, Attached Hereto and Made a Part Hereof.
City of Reedley
Dated: -------------- Marilu S. Morales, P.E., City Engineer
VERIFICATION
I, the undersigned, say: I am the City Engineer for the City of Reedley. the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
- Marilu S. Morales
(PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.) Executed on ______________ , 2025, at _R_e_ed_le_y~, ___ C_a_li_fo_rn_ia __________ _ (DATE) (CITY) (STATE)
REEDLEY CITY COUNCIL
DATE: May 27, 2025
1:8:] Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ? ----
TITLE: ADOPT RESOLUTION NO. 2025-036 APPROVING AN UPDATED CITY
PERSONNEL POLICIES & PROCEDURES MANUAL
SUBMITTED: Paul A. Melikian, Assistant City Manage~
APPROVED: Nicole R. Zieba, City Manager ~
RECOMMENDATION
That the City Council adopt Resolution No. 2025-036 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. Human Resources (HR) staff have 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/State law, codify existing practices, clarify ambiguities in the previous language, and introduce new policies where needed. 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 2024.
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.
• Pre-Employment Physical
Allows HR to waive the pre-employment physical if the employee is rehired within 12 months of previous City employment with similar duties. This change will shorten the pre-employment timeframe and save the cost of a physical examination.
• New Hire Paperwork
Adds the existing requirement of completing a U.S. Department of Transportation Safety Performance History Questionnaire to the list of new hire paperwork for new employees with a commercial driving license.
• Non-Medical Protected Leave
Clarifies the existing policy for the use of accrued leave for non-medical protected leaves such as Bonding Time, School Appearance Leave, and School Activities Leave. Discretionary leaves can now be used in any order before using Protected Sick Leave; however, the policy now states that non-protected sick leave is not eligible for this category of protected leave. • Full-Time Sick Leave
Tightens up requirements on usage of sick leave during the final two weeks of employment once the City receives notice of resignation/retirement. Generally, the City requires a doctor's note from the employee after three days of sick leave; however, the City will now require a doctor's note for any usage of non-protected sick leave during this period.
• Part-Time Sick Leave
Two modifications are proposed to provide more flexibility to part-time employees. Existing policy requires part-time employees to use sick leave in increments of not less than two hours. Some parttime work shifts are actually less than two hours, so this revision allows the waiver of this requirement if the scheduled workday is less than two hours. Secondly, part-time employees may now use their sick leave entitlement to be paid for any time they were off work while on jury duty. • Funeral/Bereavement Leave
Updates this policy to require documentation of death within 30 days of the use of bereavement leave.
• Holidays with Pay
Adds a requirement that an employee who resigns or retires from the City, with a final workday that falls on the first day after a paid holiday, must report to work to be eligible for the paid holiday. • Catastrophic Leave
Upon approval of the City Manager, employees may donate their leave hours to a fellow employee who is on an extended leave of absence for which the affected employee does not have adequate leave accruals. Minor revisions to this policy are needed to clarify that use of donated leave will not be allowed once the employee returns to work, and to document the method in which the donated leave is posted to the employee's accrual balances.
• Leave for Victims of Qualifying Acts of Violence
This is an existing protected leave category that staff are moving to update to match the latest State regulations, and provide guidance should a situation in this area ever arise. • Workplace Violence Prevention Policy
Existing Policy is being moved to the City's Injury and Illness Prevention Program, administered by the City Safety Committee.
• Citywide Attendance Policy
Clarifies that the existing "7-Minute Rule", whereupon the timekeeping system rounds employee punches to the nearest quarter hour, exists for the calculation of overtime pay only, and does not supersede departmental expectations for employees to be at work and ready to perform duties by their designated shift start time.
• Yearly Performance Evaluation Process
All full-time employees receive a yearly performance evaluation. Additional language is proposed to allow the evaluation period to be extended if the employee has a leave of absence that lasts more than 30 consecutive calendar days, to provide supervisors the ability to evaluate an employee for a full year of job performance.
• Generative Artificial Intelligence (Al)
New policy to provide a basic framework for the use of publicly available generative artificial intelligence in the course and scope of an employee's job duties. Importantly, the policy prohibits entering/uploading personally identifiable or confidential information, calls for employees to check and verify any information received from Al tools, and identify when content was substantially drafted using Al . This policy will likely be updated in the future as Al tools mature and are more widely understood.
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 #2025-036, with Exhibit "A", Personnel Policies & Procedures Manual
2025 Summary of P&P Revisions
2.008 Competitive Examinations
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.
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. For non-DOT regulated employees only, HR may waive the pre-employment physical if employee is rehired within 12 months of previous City employment with similar duties.
2.009 New Hire Procedure
A. New Hire Paperwork - Once the prospective employee has cleared the background check/fingerprinting process, they will need to complete the following forms on or before their first day of work. Prospective employees will receive an email with instructions to login and complete onboarding forms online.
Not all forms are required for every employee, and additional forms may be required at any time depending upon changes to Federal or State laws, City policies, or City benefit programs. • W-4/DE-4 Forms - Tax Withholding Certificates
• I-9 Form - Employee Eligibility Verification
• DMV Waiver Form
• Oath of Office
• Form 700
_• _ FMCSA Clearinghouse Limited Query Consent Form
• DOT/FMCSA Safety History Questionnaire
• 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
1 2025 Summary of P&P Revisions
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
3.016 Leaves and/or Time Off Work
The following types of leaves and time off work observed by the City, include, but are not limited to: sick leave; bereavement leave; military leave; civil leave; court appearance; pregnancy leave; compensatory leave; leave without pay; vacation; and holidays with pay. All leaves may be granted by the Department Head in conformance with rules established for each type of leave and applicable laws and shall receive the approval of the City Manager, as specified. All departments are required to prepare permanent records of any absence from duty for their respective employees.
All time off requested by an employee must be earned before the time is taken, with Leave Without Pay authorized by the City Manager and eligible protected leave being the only exceptions. All accruals are available to be used by the employee as of the first of the month following the posting date. Although an employee requests time off in advance and receives approval from their supervisor, the employee must have sufficient accrual balances available to cover the time off when it is taken. Employees should strive to provide as much notice for discretionary leave requests (e.g. vacation, administrative leave, comp time, floating holiday, etc.). Department Heads may establish and distribute written internal leave request submittal policies. (1) Order of Leave Usage
Except as otherwise prohibited by Federal or State Law, employees are required to use accrued leave in the order as noted in the paragraphs below.
Non-medical time o-rffor protected leaves such as Bonding time, School Appearance Leave, and School Activities Leave. For employee or eligible family member, the required order of leave usage is noted below:
_l._+:--Vacation, Admin Leave, Comp Time, or other discretionary leave, in any order;, b__er--Protected Sick Leave, including, if eligible, Part-Time Sick Leave. ±} . Any other accrued leave, except non-protected sick 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 2 2025 Summary of P&P Revisions
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.
In accordance with the last workday defined in P&P Sections 4.005 A. Resignation and D. Retirement, sick leave requested within the final two weeks of employment, upon submission of notice of resignation or retirement date, shall require substantiation with a physician's note. If substantiation of the need for sick leave is not provided, the time off shall be considered and paid as vacation or any other available discretionary leave.
Protected sick leave used within this timeframe, if sufficient balance is available, will remain an entitlement that does not require substantiation. If an employee does not have sufficient protected sick leave accrual to cover the entire amount of time off requested, the portion that is not covered by protected sick leave shall be substantiated with a physician's note or the non-protected portion of the time off requested will be paid as vacation or any other available discretionary 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 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, except when the employee's scheduled workday is less than two (2) 3 2025 Summary of P&P Revisions
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.
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.
All requests for Funeral/Bereavement Leave must include the deceased person's name and their relationship to the employee. Documentation of death must be provided to the City within 30 days of the first day of an employee's bereavement leave. Documentation may be in the form of a death certificate, obituary, or written verification of death, burial, or memorial service from a mortuary, funeral home, burial society, crematorium, religious institution, or government institution. Such documentation shall be kept confidential and not be disclosed, except as necessary to internal personnel or counsel, or if required by law.
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.
4 2025 Summary of P&P Revisions
Generally, if an employee is released from jury duty, and the employee's regular shift has more than two hours left to complete the shift, the employee is expected to return to work or to use leave for the balance of time off for the day. Jury duty shall include drive time and a reasonable meal period, if applicable, and a reasonable amount of time to change into appropriate work apparel. For example: An employee's shift is 8:00 a.m. to 5:00 p.m. The employee reports to jury duty and is released, after a meal break, at 1 :30 p.m., has a 45 minute commute back to the work site, and takes 15 minutes to change into appropriate work apparel.
The employee is expected to either work 2 hours and 30 minutes or request 2 hours and 30 minutes of discretionary leave for time off.
Jury duty is not considered time worked for the purpose of calculating overtime.
Part-time employees who are summoned and report to jury duty may use their part-time sick leave entitlement to be paid for any time they were off work while on jury duty.
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 who have submitted a resignation or retirement notice with a final workday that falls on the first scheduled workday after an observed holiday, must report to work and perform the duties of their position on the stated final workday to be eligible for the paid holiday.
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. This procedure is intended to cover a continuous period of time off that will terminate upon the employee's return to work. No use of catastrophic leave will be allowed after the employee returns to work.
Procedures:
c. Donated time will be posted 1) only when an employee has exhausted all available leave; £.in the order it is received; 3) only to the extent that it does not exceed the actual period of leave for which it is needed. 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, 5 2025 Summary of P&P Revisions
the employee's compensation shall be adjusted pursuant to the appropriate Workers' Compensation regulations, and the donated time returned to the donating employees.
R. School Activities and/or Child Care Provider Activities Leave
1. 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 protected sick leave or part-time sick leave, or any other accrued paid leave, except for non-protected sick leave. This leave can be used for the following child-related activities:
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 protected sick leave or part-time sick leavve, or any other accrued paid leave, except non-protected sick leave.
S. Leave for Victims..Qf_ ofDomestie Violenee or Sexual AssaultOualifying Acts of Violence An employee may take unpaid protected leave for qualifying acts of violence (OA V) for themselves or for a qualifying family member who is a victim of a qualifying act of violence.
A qualifying act of violence, regardless of whether anyone is arrested_ for, prosecuted for, or convicted of committing any crime, is defined as:
_• _ dQomestic violence-Bf-;
~ sexual assault;
• Stalking; or
• An act, conduct or pattern of conduct that includes any of the following; (1) aAn individual causing bodily injury or death to another individual; (2) aAn individual exhibiting, drawing, brandishing, or using a firearm, or other dangerous weapon, with respect to another individual; or (3) aAn individual using or making a threat, whether actual or perceived, to use force against another individual to cause physical injury or death. 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 may also take leave from work for a qualifying act of violence to:
1. To seek or assist an eligible family member seek any, including a temporary restraining order or other injunctive relief to help ensure the health, safety, or welfare of the victim and/or eligible family member of the victim.
2. To seek or assist an eligible family member to seek medical attention for or to recover from injuries caused by a qualifying act of violence.
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3. To seek or assist an eligible family member to seek services from a domestic violence program, rape crisis center, or victim services organization as a result of a qualifying act of violence.
4. To seek or to assist an eligible family member to seek psychological counseling or mental health services related to an experience of a qualifying act of violence.
5. To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
6. To secure a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
7. To provide care to an eligible family member who is recovering from injuries caused by a qualifying act of violence.
8. To seek or to assist a family member to seek civil or criminal legal services in relation to the qualifying act of violence.
9. To prepare for, or attend, any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
-hlO.To seek or provide childcare or care to a care-dependent adult if the care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
11. Attend certain court proceedings.
1. 8eek 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.
Eligible family members for the purpose of this section means a child, parent, grandparent, sibling, spouse, or domestic partner, or designated person as defined in Government Code section 12945.2.
Employers may limit the total amount of leave taken for these reasons to 12 weeks total and in some instances when the employee's family member (as opposed to the employee) is the victim, to 10 or five days.
Employees should are required to provide reasonable advance notice of the employee's intention to take time off, if foreseeable, or as soon as possible under the circumstances, depending on the nature of the leave taken under this section. When an unscheduled absence occurs, no action shall be taken against the employee if the employee provides certification to the employer within a reasonable time after the absence. Such certification can be any of the following forms; a police report indicating the employee or an eligible family member of the employee was a victim; a court order protecting or separating the employee or an eligible family member of the employee from the perpetrator of the qualifying act of violence, or other 7 2025 Summary of P&P Revisions
evidence from a court or prosecuting attorney that the employee or eligible family member of the employee has appeared in court; documentation from a licensed medical professional, domestic violence counselor, sexual assault counselor, victim advocate, licensed health care provider, or counselor that the employee or an eligible family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence; any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including but not limited to, a written statement signed by the employee, or an individual acting on the employee's behalf certifying the purpose of the absence.
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 qualifying act of violence assault may run concurrently with other types of leaves, such as Family and Medical Leave.,_ California Family Rights Act, etc.
Leave pursuant to this section is exempt from Section 3.016 F. Leave Without Pay.
5.008 Policies Affecting the Workplace
D. ·workplaee Violenee PreYention Poliey (This section is being moved to the Illness and lniury Prevention Policy document.)
The City of Reedley is committed to providing a safe 1.vork 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 v1ell 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 umvanted way whether sexually or otherwise.
4) Engaging in dangerous, threatening, or unwanted horseplay. 5) Use, or threat of use, of a gun, lmife or other weapon of any kind on City of Reedley property, including parking lots, other mcterior premises, City of Reedley vehicles, or while engaged in activities for the City of Reedley in other locations, unless sueh 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.
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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, 1.vhether 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 if there is an immediate concern for safety. d. Upon notification a 1.vorkplace violence incident, the supervisor or Human Resources Designee shall complete a Workplace Violence Incident Log. *PLEASE CONTA.CT A HUMA.N 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.
ED. Lactation Accommodation Policy
5.005 Citywide Attendance Policy
B. Timekeeping & Timecards. All employees shall attend work regularly and be in accordance with general department rules and regulations. All employees are expected to report to work on time every day, unless excused by the provisions of these policies and procedures. It is against City policy for employees to share passwords and punch in for anyone but themselves.
No employee may amend or approve their own time card/sheet at any time. Only employees authorized by their department director may punch in or out using a mobile device when reporting for work at an off-site work location without an alternate method with which to punch in or out. Any employees found to be punching with a mobile device while not conducting official work activities will be in violation of this policy and subject to disciplinary action up to and including termination.
1. The City tracks employee time in 15-minute increments. As allowed by FLSA regulations pursuant to 29 CFR § 785 .48 (b) "Rounding" practices, the City rounds employees' starting and stopping times to the nearest fifteen (15) minutes ( quarter of an hour), as long as this rounding does not result in a failure to count as hours worked all the time employees have actually worked performing compensable duties over a period of time. Because the City uses a 15-minute rounding increment, the 7-Minute Rule must be used.
L The 7-Minute Rule - When work time is tracked in 15-minute (quarter hour) increments, the cutoff point for rounding down is 7 minutes. If an employee works from 1 to 7 minutes, the number will be rounded down to the nearest 15 minutes. If an employee works from 8 to 14 minutes, the number must be rounded up to the nearest 15 minutes.
These rounding rules exist for the calculation of overtime pay only. These rules do not supersede departmental expectations for employees to be at work and ready to perform duties as determined by their designated shift start time.
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7.001 Yearly Performance Evaluation Process
All regular employees will receive a yearly evaluation from his/her supervisor. In general, the annual evaluation period will cover a complete work year. If a leave of absence, for any reason, lasts more than 30 consecutive calendar days, the due date of an annual performance evaluation shall be extended, to provide supervisors the ability to evaluate an employee for a full year of job performance. Evaluations may be conducted more than once a year if the supervisor feels it is necessary. The City Manager shall review and sign all evaluations before the supervisor distributes them to employees, unless otherwise authorized.
The Performance Evaluation process is a time for open communication between supervisors and employees and will be used for both commendations and disciplinary actions. If an employee disagrees with his/her performance evaluation, he/she may attach a letter or make written comments explaining the disagreement on the evaluation. The employee must still sign the evaluation to acknowledge he/she has seen what was written. The signature does not represent agreement with what the supervisor has written. Supervisors may retain notes all year long to remind them of specific incidents that may have an impact on an employee's evaluation, and have been verbally shared with the employee, as well as the status of his/her performance on an ongoing basis.
7.004 Use of Technology
C. Computer Use
7. Use of Publicly Available Generative AL Publicly available generative artificial intelligence (AI) is a form of generative AI that is made publicly available to users. It is not procured through the City and is not required to comply with privacy and security requirements. Ethical and responsible use of publicly available generative AI requires alignment with the City's policies, mission and goals for the public good.
This policy does not include City procured software applications that have gone through the procurement and risk assessment process and maintain privacy, security, and data protection standards that align with state law and policy.
Publicly available generative AI is the focus of this policy due to its unique risks to thirdparty or internal agency information, which when entered into publicly available AI such as ChatGPT will become part of the chatbot' s data model and can be shared with others who ask relevant questions, resulting in data leakage.
• Never enter personally identifiable or confidential information into publicly available generative AI tools.
• Review, revise, test and independently fact check any output produced by publicly available generative AI to ensure it meets the City's standards for quality work product. AI tools are not always accurate.
• Identify when content was substantially drafted using publicly available generative AI.
• Always check privacy and security settings of the publicly available generative AI 10 2025 Summary of P&P Revisions
tool prior to use.
• For high-risk use-cases, disable chat history and opt out of providing conversation history data for training publicly available generative AI models prior to use. • Understand using publicly available generative AI comes with risks, and mitigate risks whenever possible.
11 RESOLUTION NO. 2025-036
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:
• Physical and/or Psychological Test • Holidays with Pay Policy • New Hire Paperwork • Catastrophic Leave Policy
• Non-Medical Protected Leave Usage • School/Child Care Provider Leave • Full-Time Sick Leave Documentation • Victims of Acts of Violence Leave • Part-Time Sick Leave Usage • Citywide Attendance Policy • Funeral/Bereavement Leave • Yearly Performance Evaluations • Civil Leave for Part-Time Employees • Use of Generative Artificial Intelligence 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 May 28th, 2025.
This foregoing resolution is hereby adopted this 27th day of May 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Exhibit "A"
CITY OF REEDLEY
Personnel
Policies & Procedures
Approved by City Council - May 27, 2025
Personnel Policies and Procedures
Table of Contents
INTRODUCTION .......................................................................................................................... l DEFINITIONS ... ........................................................................................................................... 2 SECTION 1.000 - CLASSIFICATION ....................................................................................... 9
1.001 Purpose ............................................................................................................................ 10
1.002 Composition of the Classification Plan ........................................................................... l 0
1.003 Administration of the Classification Plan ....................................................................... 10
1. 004 Classification Changes .................................................................................................... 10
1.005 Reclassification ............................................................................................................... 10 SECTION 2.000 - EMPLOYEE SELECTION & NEW HIRE PROCEDURES ........... ....... 11
2.001 Recruitment .............................................................................................................. ....... 12 A. Types of Recruitments ........................................................................................... 12
1. In-House Recruitment ................................................................................... 12
2. Open (Outside) Recruitment ......................................................................... 12
2. 002 Notification ..................................................................................................................... 12
2.003 Acceptance of Applicants ............................................................................................... 13
2. 004 References ....................................................................................................................... 13
2.005 Disqualification ............................................................................................................... 13
2.006 Equal Opportunity Policy Statement .............................................................................. 14
2.007 Fair Employment Practices ............................................................................................. 14
2. 00 8 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 Nevv Hire Procedures ...................................................................................................... 16 A. N evv 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. Duration ................................................................................................................. 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. Pt1rpose & 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 Out-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. Court Appearance .................................. ...................................................... .. .. ...... 33 F. Leave Without 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 ............................................. .- ............................................................ 3 5 M. Rest Periods ... ...... .... ................................................... ........................................... 36 N. Catastrophic Leave .................................................. .......... ..................... ................ 36
0. Administrative Leave ............................ ................ ....... ..... ... .................................. 3 7 P. Protected Leave ......................................................................... ... ......... .......... .. ..... 37
1. Family and Medical Leave Act.. ................................................................... 3 8
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 ........................................................................ 4 7 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. Cas11al 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 of Discipline ................................................................................................ 69
1. Oral and/or Written Counseling .............. .................. .................................... 69
2. Written Reprimand .... ............................ ........................................................ 69
3. Suspension .................................................................................................... 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 Procedures ....................................................................................... 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 ..................................................................................... 74 V
D. Disciplinary Actions Against a Department Head or Other Management Employee ......................................................................... ................... .................. 74
5.008 Policies Affecting the Workplace ................................................................................... 74 A. Americans with Disabilities Act (ADA) ............................................................... 74
1. Statement of Intent .............................................. , ......................................... 7 4
2. Employment Policies ..................... ......................................... ................. ..... 75
3. Administration & Implementation ....................................... ......................... 7 5
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. Procedures ........................................................................ .............. ............... 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. 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 Purpose ............................... .......................................................................... ................... 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 Revievv ............................................................................................. 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 ............................................ ............... ......................................................... 88
6.010 Reconsideration of a Grievance ........................................................................ .............. 89 SECTION 7.000 - GENERAL EMPLOYMENT PROVISIONS ........................................... 90
7.001 Yearly Performance Evaluation Process ......................................................................... 91
7. 002 Residency .................................... .................... ................................................. ............... 91
7.003 Personnel Records ........................................................................................................... 91
7.004 Use of Technology ........................................... ............................................................... 91 A. Personal Communication Devices & City Telephones .......................................... 91
1. Purpose & Scope ........................................................................................... 91
2. City-Isst1ed 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. Purpose & Scope .......... .... ... .......................................................................... 92
2. E-mail Right of Privacy .... ............................................................................ 92
3. Prohibited Use of E-mail .............................................................................. 93 C. Computer 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
7. Use of Publicly Available Generative AI ..................................................... 94 D. City Social Media .................................................................................................. 94
1. General .......................................................................................................... 94
2. Definition of Social Media ............................................................................ 94
3. Reqt1irements ................................................................................................ 94
4. Use Policy ..................................................................................................... 95 E. Etiquette Rules ......... .. ............. .......... ..................... ............ ....... ............................. 96
1. Definitions ..................................................................................................... 96
2. Generally Accepted Standards ...................................................................... 96
3. City Representation ......... ... ...... ... ................. ...... ........... ................................ 97 vii
4. Relationship With Others .............................................................................. 97
5. Ethical Rules and Regulations ...................................................................... 97 F. Technology Resource Rights ......... ....... ................... ................ .............................. 97 G. California Public Records Act And Searching Devices And Accounts for Disc losable Records ............................................................................................... 97 7 .005 Administrative Policies ....................... ........ ... .............. .... ............. ........................... ....... 98
7.006 Outside/Secondary Employment .............. ..... .... ........... ........................................... ....... 98 A. Purpose & 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 Resources ......... .................... ...................... ............. ..................................... 100 G. Changes in Outside Employment Status .............................................................. 100
7.007 Vehicle Use .......................................................................................... ......................... 100 7 .008 Sensitive Information ..................................... ......................................................... ...... l O 1 A. Definition of Sensitive Information ..................................................................... 101 B. City Information ................................................................................................... 102 C. Hard Copy Distribution ........................................................................................ 102 D. Electronic Distribution ......................................................................................... 103 7 .009 Additional Identity Theft Prevention Program .... .... ...... .................... ............ .... ..... ... ... 103 A. Covered Accounts .................. ........................................................... .... ............. .. 103 B. Red Flags ........................................... ................................. ..................... ...... ..... . 103
1. Alerts, Notifications, or W amings 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. l 05
5. Responding to Red Flags ............................................................................ 105 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 warrant the use of the same title, class specification, and pay range. 2 Class Series: A number of classes of position which are substantially similar as to the types of work involved and differ only in rank as determined by the importance of the duties and degree of responsibility involved and the amount of training and experience required. Such classes constitute a series.
Classification: The act of grouping positions in classes with regard to:
Duties and responsibilities;
Requirements as to education, knowledge, experience and ability; Tests of fitness; and
Ranges of pay
Class Specifications: A written description of a class consisting of a class title, a general statement of the level of work and of the distinguishing features of work, examples of duties, and the desirable qualifications for the class.
Classification Plan: The official or approved system of grouping positions into appropriate classes consisting of:
• An index to the class specifications;
• The class specifications; and
• Rules for administering the classification plan.
Classified Service: All positions in all departments of the City as set forth in the salary schedule and position allocation list, except those positions designated as being in the unclassified service.
Classified employees acting in the capacity of an Unclassified position shall continue to be considered as classified unless they are formally appointed to unclassified position/classification through an approved Employee Action Form.
Compensation: The standard rates of pay which have been established for the respective classes of work, as set forth in the compensation plan.
Compensation Plan: The official schedule of compensation approved by the City Council assigning one or more rates of pay to each class title.
Compensatory Leave: Time off from work in lieu of monetary payment for time worked.
Computer System: All computers (on-site and portable), hardware, software, and resources owned, leased, rented, or licensed by the City of Reedley and its departments which are provided for official use by City employees.
Conflict of Interest: Any actual, perceived or potential conflict of interest in which it reasonably appears that a department employee's action, inaction, or decisions are or may be influenced by the employee's personal or business relationship.
Day: "Day" is any calendar day unless otherwise specified.
Demotion/Downgrade: Assignment of any employee from one class to another which has a lower maximum rate of pay.
Department: The primary organizational unit which is under the immediate charge of a Department Head who reports directly to the City Manager.
Department Head: An employee having authority over a department in the interest of the City to transfer, suspend, recall, assign, promote, reward, or discipline employees in an organizational 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 partner, 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 Form.
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 meet and confer. 10 Section 2.000
EMPLOYEE
SELECTION & NEW
HIRE PROCEDURES
11 SECTION 2.000 - EMPLOYEE SELECTION & HIRING PROCEDURES
2.001 Recruitment
The City Manager must be notified when any position with the City of Reedley needs to be filled.
The Department Head will complete a Position Requisition form to obtain the City Manager's approval to begin the recruitment process. Executive Management positions are specifically exempt from any of these requirements as they are appointed by the City Manager.
A. Types of Recruitments
The decision to recruit on a promotional or open basis will depend upon the availability of inhouse applicants as determined by the City Manager. The City Manager in conjunction with the Department Head will determine the most appropriate method for recruitment.
1. In-House Recruitment
A department may limit a recruitment or promotional opportunity to current City employees. For the purposes of an in-house recruitment, current City employees shall be defined as regular, full-time and part-time employees. Volunteer paid-call firefighters, while not employees, shall be eligible for in-house recruitments.
All in-house applicants shall be required to clock out when participating in recruitment processes such as written examinations, hands-on examinations, oral interviews, etc.
2. Open (Outside) Recruitment
An open recruitment is one where applications will be accepted from employees and nonemployees in a geographic area as wide as necessary to assure obtaining well-qualified candidates for the various types of positions.
2.002 Notification
The Human Resources Representative, in collaboration with the Department Head, shall prepare recruitment notices to publicize vacancies to generate a list of potential candidates for vacant positions when appropriate. Such publicity efforts shall be used, as might be expected, to bring notice of vacancies to qualified persons.
When a position becomes vacant, the requirements for the position must be established prior to the beginning of the recruitment process. Applicants must be clearly informed of both the required and the "desirable" employment qualifications.
Vacancies should be published in a position vacancy announcement, which may include, but not be limited to, the following information:
A. Class Title
B. Salary Range
C. Description of Duties
D. Qualification Standards (with "required" and "desirable" qualifications specified in each job description)
E. Office to be contacted regarding the position
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, recruitments for positions involving promotional opportunities shall be posted in-house, on employee bulletin boards at City facilities, and on the City's Employment Opportunities website, for a period of not less than seven (7) calendar days prior to initiating an open (outside) recruitment to encourage current employees to apply for positions.
2. Open Recruitment - Open recruitment positions are required to be advertised appropriately, at a minimum by posting the open position on the City's Employment Opportunities website, the publicly available physical job opportunity board at City Hall and other City facilities, and depending on the desired recruitment, advertised in targeted print media and job websites. The use of recruiters and employment agencies is also an effective method of identifying candidates, in addition to the minimum requirements for job posting.
2.003 Acceptance of Applicants
Each candidate for City employment may apply in the manner prescribed by the City Manager.
Such information may be required, as is deemed necessary, in order to judge the applicant's qualifications.
A. If, after an in-house recruitment has been completed, the determination is made to move forward with an open recruitment for a position, in-house applicants will still be in consideration for the position, unless it has been determined that the applicant does not meet minimum qualifications.
B. Applications will be submitted and distributed as prescribed by Human Resources.
Applications will be screened, at a minimum, by Human Resources and the Department Head for minimum qualifications.
2.004 References
As part of the pre-employment procedure, former supervisors, employers, and references shall be checked. References will be checked by Human Resources or approved designee, such as the Department Head or division supervisor. Reference checks made by personal or telephone contact shall be completed prior to an offer of employment, and the information shall be made part of the application file. All such information is to be handled as privileged information and coordinated with the Department Head.
2.005 Disqualification
Any applicant may be removed from further consideration at any time the application or an applicant:
A. does not possess the minimum qualifications;
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; 13 C. has made false statement of any material fact or practiced deception in his/her application; D. does not meet the physical requirements and/or does not submit or pass the mandatory physical examination and/or psychological examination.
E. does not reply to a mail inquiry within ten calendar days or does not return a telephone inquiry within two days, unless due to extraordinary circumstances; F. fails to accept appointment within five working days or to report for duty within the time prescribed in the offer unless due to extraordinary circumstances; G. fails to pass drug/alcohol screen, if applicable; and/or H. fails to pass other department specific requirements for the position. All applicants disqualified shall be notified in a timely manner.
I. who fails a criminal history background may be preliminarily disqualified pending the appeals process provided by AB 1008, which adds Section 12952 to the Government Code. This provision shall not apply to any applicant who applies for a position which is subject to any of the provisions in subsections (d) (1) through (d) (4) of Section 12952.
2.006 Equal Opportunity Policy Statement
The City of Reedley provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
In addition to federal law requirements, the City of Reedley complies with applicable state and local laws governing nondiscrimination in employment in every location in which the City of Reedley has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. All employment decisions and actions are to be free from discrimination, except where such factors are determined to be bona fide occupation qualification.
2.007 Fair Employment Practices
Any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the Human Resources Representative, is not reasonably related to job requirements.
2.008 Competitive Examinations
All applicants for the positions in the classified service may be subject to competitive examinations.
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. l. 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 14 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. For non-DOT regulated employees only, HR may waive the pre-employment physical if employee is rehired within 12 months of previous City employment with similar duties.
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.
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 15 in the affected department. The Human Resources Representative will certify a group of qualified candidates which, in his/her judgment, is appropriate for the particular position to be filled and, assuming sufficient qualified candidates, will attempt to include an average of three qualified ranks for each vacancy.
2.009 New Hire Procedure
The following steps are to be used for all employee appointments as specified in Section 2.010.
After the appointing authority makes a decision on a desired applicant(s), the applicant's information shall be forwarded to the Human Resources Representative or designee who will prepare the draft offer letter. The designee may be the Department Head or supervisor, depending upon the specific recruitment. All offer letters shall state that the offer of employment is contingent upon the City's satisfaction of the results from the background check and, if applicable, a physical and/or psychological evaluation. Before the offer letter can be sent out, the City Manager must approve the conditions of employment and the employee's proposed salary-which is to be outlined on the Employee Action Form, with the draft offer letter attached to the form.
If the Employee Action Form is approved, then the prospective employee will be notified by phone, mail, and/or email and given the choice to accept the terms and conditions of the offer letter. If the applicant chooses to accept the conditions of the letter, then he/she is required to return the signed offer letter back to the City. An approved Employee Action Form must be received by the Human resources representative or designee before the employee can begin working.
The Human Resources representative or designee will conduct the background check for the prospective employee for all non-law enforcement positions. Should any adverse information be discovered during the background check/fingerprinting process, the City Manager shall be notified for a hiring decision. Should the City Manager decide that information found during the background check/fingerprinting process is significant to rescind the employment offer, the applicant shall be notified of the decision, pursuant to AB 1008 regulations.
If there are no issues or special circumstances that arise from the check, the Human resources representative or designee will instruct the prospective employee to receive a physical evaluation if they
(a) have been accepted to work full-time or
(b) have been accepted to work in a position that may/will require manual labor or ( c) have been accepted to work in a part-time position that is filled on a year-round basis A. New Hire Paperwork - Once the prospective employee has cleared the background check/fingerprinting process, they will need to complete the following forms on or before their first day of work. Prospective employees will receive an email with instructions to login and complete onboarding forms online.
Not all forms are required for every employee, and additional forms may be required at any time depending upon changes to Federal or State laws, City policies, or City benefit programs. • W-4/DE-4 Forms - Tax Withholding Certificates
• I-9 Form - Employee Eligibility Verification
• DMV Waiver Form
• Oath of Office
• Form 700
16 • FMCSA Clearinghouse Limited Query Consent Form
• DOT/FMCSA Safety History Questionnaire
• 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.
• 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); 17 • Original Court Adoption Placement Documents with court clerk Filed stamp; • Original Court Placement Documents for Legal Guardianship with court clerk Filed stamp;
If the above listed documents are not available, the employee may submit other verifiable documents to establish eligibility.
Each of the City's benefits providers determine what documents are acceptable to determine dependent eligibility for non-traditional dependents.
2.010 Employee Appointments
The following types of appointments may be made to City employment in conformity with the rules established: regular, probationary, non-full-time, and conditional.
A. Regular Employees. A regular employee works full-time and on a continuing basis.
B. Probationary Employees. Employees who have not completed their established probationary period.
C. Non Full-Time Employees. Non-full-time employees are individuals who work on an at-will hourly rated or hourly basis. Such employees are distinguished from regular employees who work full-time and who receive full-time benefits. Non-full-time employees are excluded from CalPERS membership by contract. Compensation for non-full-time employees is based on the hourly rate for the classification of work performed established by the Master Salary Table as adopted by the City Council. Any non-full-time employee serves at-will and may be removed by the Department Head at any time, with or without cause, and without the right of appeal or hearing.
D. Conditional Employee Appointments. Those persons to whom an offer of employment has been made conditional on the person successfully completing or passing a test, criteria, or investigation. Such conditional employee appointments may include requirements to pass a physical or psychological examination, pass a drug and/or alcohol test, secure and produce proper certification or credentials, or have a satisfactory background or reference check completed. Such employees may have a job offer withdrawn any time prior to appointment as a probationary or non-full-time employee.
E. Employees Who are Also Volunteer Firefighters. Pursuant to Government Code Section 230.3 The City allows employees time off to perform emergency duty as volunteer firefighters. However, those employees who have been appointed to a full-time or part-time position, who are also volunteer firefighters with the Reedley Volunteer Fire Department or any other volunteer fire department or agency, must clock out from their paid position with the City to respond to emergency calls in their capacity as a volunteer firefighter. Volunteer firefighters with the Reedley Volunteer Fire Department are not employees of the City of Reedley while acting in that capacity. If an employee who is also a volunteer firefighter has discretionary leave available, the employee may use that leave to be paid for the time taken off to provide volunteer firefighting services. Under no circumstances may sick leave be used for time taken off to respond to emergency calls in an employee's capacity as a volunteer firefighter.
Full-time employees who are also volunteer firefighters in positions subject to standby assignment for their primary position, shall not be paid for both a volunteer emergency 18 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 employee (new or existing) appointed to a new position, and to reject any employee whose performance does not meet required work standards.
A. Duration. The probationary period for all employees is twelve (12) months. If a Department Head requests in writing an extension of an established probationary period prior to expiration, the City Manager may extend the probationary period of a particular 19 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 Depaiiment 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. 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 20 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 recogmzmg individual differences among positions allocated to the same class, in providing employee incentive, and in rewarding employees for meritorious service. The following general provisions shall govern the granting of within-the-range increases:
A. The minimum rate established for the class is the normal hiring rate, except in those cases where unusual circumstances appear to warrant appointment of an employee at a higher rate.
Appointment above the minimum step rate may be made when the City Manager determines that it is necessary and in the best interest of the City. Approval will be based on qualifications of the applicant being in excess of the requirements for the class, that there is a shortage of qualified applicants available at the minimum step, and that qualified applicants decline employment at the minimum step.
B. Thirty (30) days prior to completion of the first year of employment with the City, employees will be considered for a salary increase. A Merit Evaluation form must be provided for each salary increase. The evaluation by a Department Head shall be accompanied by a written recommendation to the City Manager for either advancement to the next salary step or retention at the current step. Incumbents appointed at the first step of the salary range will be eligible for consideration for placement at the next step of the range at the end of the probationary period. If advancement is approved by the City Manager, the employee's new step shall be effective on the first day of the pay period next following the benefit date. The City Manager shall monitor evaluations prior to step increases.
C. The remaining steps are reserved to reward employees for satisfactory performance and service. At least thirty (30) days prior to each succeeding anniversary date, Department Heads will forward to the City Manager a performance evaluation. The evaluation shall be accompanied by a written recommendation for either advancement to the next salary step or retention at the current step. All such advancements and retention must be approved by the Human Resources Representative with final approval by the City Manager.
3.003 Management Employees
On appointment, the City Manager may grant a new management employee a beginning salary not to exceed the maximum of the range for the affected class. Such salary should reflect a judgment 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 terms set forth in an applicable MOU, any employee who is demoted to a position in a class with a lower salary range shall have his/her salary reduced to the salary step in the range for the lower class which is closest to the employee's current salary, unless the demoted employee's previous salary is not within the lower salary range. In this instance, the compensation within the lower range shall be determined by the City Manager. The demoted employee shall retain his/her current anniversary date.
3.007 Compensation on Transfer
Any employee who is transferred from one position to another position in the same class, or to another position in a class having the same salary range, shall be compensated at the same step in the salary range as he/she previously received and his/her salary anniversary date shall not change.
3.008 Compensation on Change in Range Assignment
Whenever a class is reassigned to either a higher or lower salary range, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step in the new range that corresponds nearest the amount to the step he/she was receiving in the former range, and not necessarily an increase, the salary anniversary date shall be changed to the same date the new salary range assignment becomes effective. When a salary range reassignment becomes effective on the same date as an employee's salary anniversary date, he/she shall first receive any increase within the range to which he/she is entitled and then receive the corresponding step adjustment.
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 department 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 • 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 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 accrued sick leave, accrued vacation or other accrued leave to receive a full paycheck for the pay period. The City's adjuster will issue a check to the employee and the City and mail it to the City. When a workers' compensation check is received by the City, the City will deposit the check to offset the wages paid to the employee via the payroll system for the time off taken for the work-related injury or illness. The employee's sick leave, vacation or other accrued leave will be charged for the balance of the time off taken in an amount necessary for the employee to receive a full paycheck. This procedure allows the employee to receive full service credit for CalPERS retirement.
This option shall be available for twelve (12) weeks or the maximum time an employee is entitled to take pursuant to the Family Medical and Leave Act (FMLA) and/or the California Family Rights Act (CFRA), whichever is less, after which the employee shall automatically be covered by Option 2.
Option 2 - The employee chooses not to use accrued sick leave, accrued vacation or other accrued leave to receive a full paycheck for the pay period. The City shall notify the adjuster of the employee 's choice and instruct the adjuster to issue the check solely to the employee. This shall constitute the employee's total wages paid for the pay period.
CalPERS shall be notified that the employee is on a leave of absence. The employee may apply to CalPERS to purchase service credit for this time.
Section 4850 Workers' Compensation Time Off:
When a workers' compensation check is received by the City, the City will deposit the check to offset the wages paid to the employee via the payroll system. The employee continues to receive a full paycheck for the period of time off subject to Government Code 4850. If the employee exhausts his or her benefits under Government Code Section 4850, the employee shall immediately be provided with the opportunity to choose one of the non4850 options noted above.
3.016 Leaves and/or Time Off Work
The following types of leaves and time off work observed by the City, include, but are not limited to: sick leave; bereavement leave; military leave; civil leave; court appearance; pregnancy leave; compensatory leave; leave without pay; vacation; and holidays with pay. All leaves may be granted 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 accruals are available to be used by the employee as of the first of the month following the posting date. Although an employee requests time off in advance and receives approval from their supervisor, the employee must have sufficient accrual balances available to cover the time off when it is taken. Employees should strive to provide as much notice for discretionary leave requests (e.g. vacation, administrative leave, comp time, floating holiday, etc.). Department Heads may establish and distribute written internal leave request submittal policies. (1) Order of Leave Usage
Except as otherwise prohibited by Federal or State Law, employees are required to use accrued leave in the order as noted in the paragraphs below.
For employee's own illness or injury, including non-4850 Workers' Compensation time off if an employee is not off work for temporary total disability and receiving workers' compensation benefits:
1. Sick leave, subject to substantiation of a qualifying reason pursuant to Section 3.016 A.
1. e., if an employee has not submitted the time off as Protected Sick Leave; or protected sick leave if an employee chooses to use it for his or her own qualifying absence.
Employee must provide a general qualifying reason with all sick leave or protected sick leave time off requests.
2. Vacation, Admin Leave, or Comp Time, whichever is applicable.
3. Any other accrued leave available.
For eligible family member illness:
1. Protected Sick Leave, one half of a full-time employee 's calendar year sick leave accrual up to a maximum of 48 hours (a new employee's maximum will be pro-rated based on the employee's hire date in the calendar year), may be used for an employee's child, spouse, parent, domestic partner, grandparent, grandchild, 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 off for protected leaves such as Bonding time, School Appearance Leave, and School Activities Leave. For employee or eligible family member, the required order of leave usage is noted below:
l. Vacation, Admin Leave, Comp Time, or other discretionary leave, in any order;
2. Protected Sick Leave, including, if eligible, Part-Time Sick Leave. 28 2. Any other accrued leave, except non-protected Sick Leave.
Non-medical time of/for 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
l. Full-time Employees - All regular full-time and probationary employees who have completed one pay period of continuous service are eligible for sick leave. Sick leave with pay is granted by, and can only be used for the following reasons: personal illness, injury, or physical incapacity resulting from causes beyond the employee's control; enforced quarantine of the employee in accordance with community health regulations; to keep a doctor's or dentist's appointment; or after bereavement leave has been exhausted when approved by the City Manager, the death of an eligible family member, as defined in Section 3.016 B. or applicable MOU; or an FMLA and/or CFRA certified serious illness of a member of the employee's immediate family, as defined under FMLA and/or CFRA. All sick leave requests must be approved by the employee's supervisor.
Employees must notify their supervisor that they are ill before the start of each work day unless otherwise authorized. Probationary employees who have worked a full pay period, as defined in paragraph a. below, shall accrue sick leave but are not eligible to use it until the first day of the month following the posting date. Employees are required to use sick leave for all time off due to work-related (workers' compensation) injuries or illnesses if the employee is not completely off work on temporary total disability and receiving workers' compensation benefits.
If an employee, while on accrued vacation, becomes sick for a period in excess of three days and can provide proper medical certification from a doctor, the employee's sick leave will be charged rather than accrued vacation.
Sick leave is specifically limited to those matters set forth herein and is not to be used as annual leave. All requests for use of sick leave or protected sick leave must include a general qualifying reason. If an employee has not submitted a time off request for Protected Sick Leave, substantiation of any illness may be requested for an absence at the reasonable discretion of the supervisor. Further, a Department Head may require that an employee submit a medical certificate, signed by a physician or other medical professional, stating the general nature of his or her absence (i.e. illness or injury), that the employee has been incapacitated for work for the period of absence, and that he or she is again physically able to perform his or her duties. Certain circumstances may be subject to applicable privacy laws.
In accordance with the last workday defined in P&P Sections 4.005 A. Resignation and D. Retirement, sick leave requested within the final two weeks of employment, upon 29 submission of notice of resignation or retirement date, shall require substantiation with a physician's note. If substantiation of the need for sick leave is not provided, the time off shall be considered and paid as vacation or any other available discretionary leave.
Protected sick leave used within this timeframe, if sufficient balance is available, will remain an entitlement that does not require substantiation. If an employee does not have sufficient protected sick leave accrual to cover the entire amount of time off requested, the portion that is not covered by protected sick leave shall be substantiated with a physician's note or the non-protected portion of the time off requested will be paid as vacation or any other available discretionary leave.
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 period. If a probationary employee is given a regular appointment, then the time served as a probationary employee shall be credited for sick leave purposes. b. Layoffs. If a non-probationary employee is reappointed within 18 months of being laid off, the City shall reinstate any unused sick leave existing at the time of layoff.
Unless modified by applicable MOU, the reappointed employee shall retain seniority for purposes of sick leave use and vacation accrual. c. Coordination with Injury Leave and Workers Compensation. An employee receiving both sick leave with pay and compensation under Workers' Compensation laws, shall receive only that portion of his regular salary which will, together with Workers' Compensation, equal his/her regular salary. Accrued sick leave shall be charged accordingly. Charges shall be made against sick leave accruals for any waiting period not covered by the Workers' Compensation Act. After sick leave accruals are exhausted, vacation time will automatically be charged. d. Computing Sick Leave. An absence that lasts only a fraction of the work day and that is consistent with the provisions of sick leave shall be charged proportionally. e. Doctor's Certificate. If an employee has not submitted a time off request for Protected Sick Leave, regular sick leave with pay in excess of three (3) consecutive working days, for reasons of personal illness or injury, may be granted only after legitimate medical certification is provided.
f. Sick Leave at Retirement. Employees retiring on normal service retirement shall be eligible for a sick leave conversion to service credit as specified in the City's PERS contract.
g. Protected Sick Leave (formerly Kin Care). One-half of an employee's annual sick leave accrual, up to 6 days or 48 hours, may be used in any calendar year for the following reasons pursuant to SB 579. The annual maximum amount of Protected Sick Leave will generate on the first payroll each January for current full-time employees. A new full-time employee 's Protected Sick Leave accrual shall be prorated based on the employee's hire date within the calendar year. Use of Protected Sick Leave is subject to the available sick leave balance as determined in Section
3.016 A. Leaves and/or Time off Work.
30 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 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 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 canied 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, except when the employee's scheduled workday is 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 31 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.
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.
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.
Pa1i-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.
All requests for Funeral/Bereavement Leave must include the deceased person's name and their relationship to the employee. Documentation of death must be provided to the City within 30 days of the first day of an employee's bereavement leave. Documentation may be in the form of a death certificate, obituary, or written verification of death, burial, or memorial service from a m01iuary, funeral home, burial society, crematorium, religious institution, or government institution. Such documentation shall be kept confidential and not disclose it except as necessary to internal personnel or counsel, or if required by law. 32 C. Military Leave
The provision of the Military and Veterans Code of the State of California shall govern military leave of City employees.
D. Civil Leave
Any full-time, regular employee shall be given necessary time off without loss of pay when performing jury duty, or performing emergency civilian duty in connection with national defense. Employees shall not waive jury duty fees. All fees received ( other than meal or travel allowances) shall be returned to the City. A probationary or regular employee who is absent for jury duty shall be paid his/her regular salary only if the employee remits the amount received for such duty to the City. When appropriate, the supervisor may request exemption of individual employees from jury duty when such service would entail undue hardship on the City or the public it serves.
Generally, if an employee is released from jury duty, and the employee's regular shift has more than two hours left to complete the shift, the employee is expected to return to work or to use leave for the balance of time off for the day. Jury duty shall include drive time and a reasonable meal period, if applicable, and a reasonable amount of time to change into appropriate work apparel. For example: An employee's shift is 8:00 a.m. to 5:00 p.m. The employee reports to jury duty and is released, after a meal break, at 1 :30 p.m., has a 45 minute commute back to the work site, and takes 15 minutes to change into appropriate work apparel.
The employee is expected to either work 2 hours and 30 minutes or request 2 hours and 30 minutes of discretionary leave for time off.
Jury duty is not considered time worked for the purpose of calculating overtime.
Part-time employees who are summoned and report to jury duty may use their part-time sick leave entitlement to be paid for any time they were off work while on jury duty.
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 33 (FMLA, CFRA, PDL, active Workers' Compensation claims, etc.), employees must exhaust all available accrued leaves before they can request leave without pay.
Such leaves may be granted when it is in the interest of the City to do so. Failure on the part of an employee on leave to report to work at the expiration of his/her leave shall result in dismissal of the employee, subject to the City's Unauthorized Leave policy, Section 3.016 I.
An employee on any unpaid leave of absence shall not accrue Vacation or Sick Leave for any month in which they were not in a paid status for the equivalent of at least one complete pay period (80 regular hours) plus one additional regular workday. Administrative leave and floating holidays (including Admission Day) shall not be posted until the employee returns to a paid status. The decision of the City Manager on granting or refusing to grant a leave of absence or extension thereof shall be final and conclusive and shall not be subject to the grievance procedure. At the expiration of the leave without pay period, the employee shall be reinstated to the same department and to the position vacated if the position still exists or to any other position in the same classification within the department. If the leave was for medical reasons, the employee shall be evaluated as fit to return to full duties by a doctor who is approved by the City. The anniversary date, for the purposes of all step raises, shall be adjusted according to the length of the leave.
G. Payment of Medical Premiums
Employees are required to contribute on a pre-tax basis, their share of medical premiums as determined by applicable MOU or Salary & Benefit Resolution. Prior to an employee entering a Leave Without Pay status, an employee may request in writing, by submitting a Medical Premium Payment Request form, that the City pay the employee's share of medical premiums during the time an employee is in a Leave Without Pay status to avoid the financial hardship of paying the employee-portion of healthcare premiums when not receiving a paycheck. This arrangement is subject to approval of the City Manager, and under no circumstances will the City pay more than the equivalent of three months of the employee's share of premiums. When the employee returns to work, the City will begin regular premium deductions and agree to a repayment period for the amount paid on the employee's behalf. Under no circumstances will the repayment period exceed three months or applicable protected leave eligibility period, whichever is less. A Medical Premium Payment Request form is available from the Human resources representative, otherwise may be provided to the employee before or during the leave.
The City will initiate the COBRA election process for the following reasons:
• A Medical Premium Payment Request Form was not received from the employee prior to the employee entering a Leave Without Pay status
• An employee who submitted a Medical Payment Request Form and opted to pay the required contribution to the City while on leave defaults on the agreement • 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. 34 The City reserves the right to recover the employer and employee portion of health insurance premiums paid while an employee was on unpaid leave if the employee fails to return after the end of the leave period, subject to limitations and requirements set forth under law. This policy shall not apply to any supplemental or elective benefits the employee may be enrolled in. For these benefits, the employee is expected to make all required payments.
H. Compensatory Leave
Compensatory time off may be granted in lieu of overtime pay at the employee 's request and with the advance approval of the supervisor. It must also be in accordance with an applicable Memorandum of Understanding, if any, and State and Federal laws.
I. Unauthorized Leave
An unauthorized absence of an employee for three (3) consecutive work days shall be considered Job Abandonment and constitute an automatic resignation from City service. (See Section 4.005 A.)
J. Vacation
Except as otherwise provided in an applicable MOU, if any, probationary and regular employees earn vacation on the following basis:
• 12 days (96 hours) per year for the first two (2) years. • 13 days (104 hours) per year beginning with the third (3rd) year. • 14 days (112 hours) per year beginning with the fourth (4th) year. • 15 days (120 hours) per year beginning with the fifth (5th) year. • 16 days (128 hours) per year beginning with the sixth (6th) year. • 17 days (136 hours) per year beginning with the seventh (7th) year. • 18 days (144 hours) per year beginning with the eight (8th) year. • 19 days (152 hours) per year beginning with the ninth (9th) year. • 20 days (160 hours) per year beginning with the tenth (10th) year.
At City Manager's discretion, vacation accrual for Executive Management positions may include credit for prior public agency service.
Computation of vacation accrual shall be prorated based on the hours worked versus the number of hours in the pay period. If a provisional employee is given a regular appointment, time served as a non-full-time employee shall be accrued for vacation purposes. Vacation time must be accrued prior to taking time off from work. Vacation accruals are available for use as of the first of the month following the posting date.
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 35 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 who have submitted a resignation or retirement notice with a final workday that falls on the first scheduled workday after an observed holiday, must report to work and perform the duties of their position on the stated final workday to be eligible for the paid 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 relieved of all duty. Unless otherwise required by an MOU, submittal of lunch 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. 36 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. This procedure is intended to cover a continuous period of time off that will terminate upon the employee 's return to work. No use of catastrophic leave will be allowed after the employee returns to work.
Donor Eligibility:
Any employee with a maintained leave balance of one hundred and sixty (160) hours or more, unless otherwise approved by the City Manager, may donate accrued Administrative Leave, Birthday Pay, Floating Holiday, Vacation, and/or any other discretionary leave, not otherwise deemed ineligible in this section, to another eligible employee who is suffering from a catastrophic extended leave of absence. Sick Leave and Compensatory Leave shall not be eligible for Catastrophic Leave donation. Donors are encouraged to maintain sufficient leave balances for their personal use.
Recipient Eligibility:
1. Any eligible employee, who is or who has an eligible family member (as defined by FMLA and CFRA) suffering from a catastrophic illness or injury, is eligible to request donations after all accrued sick leave, vacation, administrative leave (if applicable), compensatory time, and any other discretionary leave has been, or is expected to be, exhausted. Multiple requests for donations are permitted.
2. Employees applying for eligibility under the hardship provision of this policy must first use all available accrued sick leave, vacation, administrative leave (if applicable), compensatory time, and any other discretionary leave. Recipients of donated leave are limited to thirty (30) calendar days per calendar year unless otherwise approved by the City Manager.
3. Certification from a doctor that the illness/injury will preclude the eligible employee from returning to work for at least thirty (30) calendar days must be submitted to the City Manager and/or the Human Resources Department with an application to request donated leave.
Procedures:
a. Hours shall be donated using the appropriate donation form. b. Employees may donate a maximum of forty ( 40) hours of eligible accrued leave, as noted in the Donor Eligibility section, and a minimum required donation of one (1) hour for each donation request.
c. Donated time will be posted 1) only when an employee has exhausted all available leave; 2; in the order it is received; 3) only to the extent that it does not exceed the actual period of leave for which it is needed. 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 Workers' Compensation regulations, and the donated time returned to the donating employees. 37 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.
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.
38 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 re integration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is:
(1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or
(2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.* *The FMLA definitions of "serious injury or illness" for current service members and veterans are distinct from the FMLA definition of "serious health condition" ..
Benefits and Protections
During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work, subject to payment of employee's share of premiums. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. If an employee does not have adequate accrued leave to pay for the employee's share of the medical premium, the City may pay the premium on behalf of the employee. However, the payment will be subject to a signed repayment agreement, subject to restrictions and requirements under Section 3.016 (G).
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.
39 Definition of Serious Health Condition
A serious health condition is an illness, mJury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days' notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal callin procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.
Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees' rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement. If the employer determines that the leave is not FMLAprotected, the employer must notify the employee. 40 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.
• For leave for an employee 's own serious health condition, the employee may also substitute leave taken pursuant to a short- or long-term disability leave plan, as determined by the terms and conditions of the City's disability leave policy, during the otherwise unpaid portion of the CFRA leave. The paid disability leave runs concurrently with CFRA leave, and may continue longer than the CFRA leave if permitted by the City's disability leave plan. An employee receiving any form of disability payments is not on "unpaid leave" and therefore, the City may not require the employee use paid time off, sick leave or accrued vacation. 41 An employer must continue health care coverage for employees during their CFRA leave
If the employer provides health benefits under any group health plan, the employer has an obligation to continue providing such benefits during an employee's CFRA leave, subject to provisions in Section 3.016 (G).
This obligation commences on the date leave first begins. The obligation continues for the duration of the leave(s), up to a maximum of 12 work weeks in a 12-month period.
An employer must continue other benefits during an employee's CFRA leave During the period of CFRA leave, the employee is entitled to accrual of seniority and to participate in employee benefit plans, including life, short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as would apply to any other leave granted by the employer for any reason other than CFRA leave.
Eligibility Requirements
An employee may take an unpaid leave for the birth of a child for purposes of bonding, for placement of a child in the employee's family for adoption or foster care, for the serious health condition of the employee 's child, parent, or spouse, and for the employee's own serious health conditions.
Health condition
Serious health condition means illness, injury (including on-the-job injuries), impairment, or physical or mental condition of the employee or a child, parent or spouse of the employee that involves either:
• In-patient care (i.e., an overnight stay) in a hospital, hospice, or residential health care facility
• Continuing treatment or supervision by a health care provider Employers covered under CFRA
Employers subject to CFRA are those who do business in California and employ 5 0 or more part-time or full-time employees, including non-profit religious organizations.
Covered employers also include the State of California and any of its political and civil subdivisions, and cities and counties, regardless of the number of employees.
Requirements employee must satisfy to be eligible to take a CFRA leave To be eligible for CFRA leave, an employee must be either a full-time or part-time employee working in California, have more than 12 months (52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period before the date the leave begins.
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 42 City of Reedley has designated the City's fiscal year of July 1 thru June 30 as the 12- month period for tracking time off used for these protected leaves.
The CFRA leave may be added onto pregnancy disability leave At the end of an employee's period(s) of pregnancy disability leave, a CFRA-eligible employee may request a CFRA leave of up to 12 workweeks for reason of birth of her child if the child has been born by this date. There is no requirement that either the employee or child have a serious health condition nor is there a requirement that the employee no longer be disabled by her pregnancy, childbirth, or related medical condition before taking CFRA leave for reason of birth of her child.
The minimum duration for a CFRA leave taken for the birth, adoption, or fostercare placement of a child Basic minimum duration of a CFRA leave is two weeks when the leave is taken for the birth, adoption, or foster care placement of a child. However, the City shall grant a request for a CFRA leave of less than two weeks duration on any four occasions. In addition, leave taken for the birth, adoption, or foster care placement of a child must be completed within one year of the qualifying event. Where CFRA leave is taken for the serious health condition of a parent, child, or spouse or for the serious health condition of the employee, leave may be taken intermittently or on a reduced-work schedule when medically necessary, as determined by the health care provider of the person with the serious health condition. However, an employer may limit leave increments to the shortest period of time the employer's payroll system uses to account for absences.
NOTIFICATION
An employee must give advance notice if he/she wants to take a CFRA leave An employee shall provide at least verbal notice sufficient to make the employer aware the employee needs CFRA qualifying leave. The notice shall state the reason for the leave and its anticipated timing and duration. An employer may require 30 days advance notice before CFRA leave is to begin if the need for the leave is foreseeable. If 30 days is not feasible (e.g., not knowing when leave will be required to begin, a change in circumstances, or a medical emergency), notice must be given as soon as feasible. Under all circumstances, it is the employer's responsibility to designate leave, paid or unpaid, as CFRA leave. In addition, the employer shall respond to a leave request as soon as possible but no later than ten calendar days after receiving the request.
An employer must inform employees of notice requirements An employer shall provide notice to his/her employees of the right to request a CFRA leave and shall post the notice in a conspicuous place or places where employees tend to congregate. If the employer publishes a handbook describing other kinds of personal or disability leaves available to its employees, the employer shall include a description of CFRA leave in its next edition. The employer may include both pregnancy disability leave and CFRA leave requirements in a single notice.
43 REINSTATEMENT
An employer must reinstate the employee at the end of his/her CFRA leave Upon granting an employee a CFRA leave, the employer must guarantee reinstatement to the same or comparable position and provide the guarantee in writing upon the request of the employee. Employment in a comparable position means employment in a position that is virtually identical to the employee's original position in terms of pay, benefits, and working conditions, including privileges, perquisites, and status. It must involve the same or substantially similar duties and responsibilities, skill, effort, and authority, must be performed at the same or geographically proximate work site, and ordinarily means the same shift or same or equivalent work schedule.
Reasons an employer could deny reinstatement to an employee on CFRA leave An employer may deny reinstatement to an employee if his/her position ceased to exist, such as in a lay-off. However, the employer must notify the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary as well as give the employee a reasonable opportunity to return to work.
3. Pregnancy Disability Leave Law
Leave Requirements
An employee who is disabled by pregnancy is entitled to up to 693 hours ( 40 hours x 17 .333 weeks) of disability leave. Leave can be taken before or after birth during any period of time the woman is physically unable to work because of pregnancy or a pregnancy-related condition. All leave taken in connection with a specific pregnancy counts toward computing the four-month period, including time off for doctor's visits.
When time off is designated as PDL, the City requires the employee to use sick leave; however, only the employee can elect to use vacation or other accrued paid time off. Once the employee is done with PDL and the City begins running CFRA, the City mandates the use of other accrued paid leaves during the CFRA leave. Pregnancy leave is available when a woman is actually disabled. This includes time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, or any related medical condition.
If an employee is disabled as the result of a condition related to pregnancy, childbirth, or associated medical conditions and requests reasonable accommodation upon the advice of her health-care provider, an employer must provide reasonable accommodation.
As an accommodation, and with the advice of her physician, an employee can request transfer to a less strenuous or hazardous position for the duration of her pregnancy.
Employees are entitled to take pregnancy disability leave in addition to any leave entitlement they might have under CFRA.
If possible, an employee must provide her employer with at least 30 days advance notice of the date for which the pregnancy disability leave is south or transfer begins and the estimated duration of the leave.
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 44 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 California law which prohibits an employer from asking for a medical diagnosis.
45 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 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. 46 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
1. School/Child Care Provider Activities. An employee who is the parent, guardian, or grandparent with custody of a child of the age to attend Kindergaiien 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 protected sick leave or part-time sick leave, or any other accrued paid leave, except non-protected sick 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
47 (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 protected sick leave or part-time sick leave, or any other accrued paid leave, except non-protected sick 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 Qualifying Acts of Violence
An employee may take unpaid protected leave for qualifying acts of violence (QA V) for themselves or for a qualifying family member who is a victim of a qualifying act of violence.
A qualifying act of violence, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime, is defined as:
• Domestic violence;
• Sexual assault;
• Stalking; or
• An act, conduct or pattern of conduct that includes any of the following; (1) An individual causing bodily injury or death to another individual; (2) An individual exhibiting, drawing, brandishing, or using a firearm, or other dangerous weapon, with respect to another individual; or 48 (3) An individual using or making a threat, whether actual or perceived, to use force against another individual to cause physical injury or death.
An employee may take leave from work for a qualifying act of violence to:
1. To seek or assist an eligible family member seek any, including a temporary restraining order or other injunctive relief to help ensure the health, safety, or welfare of the victim and/or eligible family member of the victim.
2. To seek or assist an eligible family member to seek medical attention for or to recover from injuries caused by a qualifying act of violence.
3. To seek or assist an eligible family member to seek services from a domestic violence program, rape crisis center, or victim services organization as a result of a qualifying act of violence.
4. To seek or to assist an eligible family member to seek psychological counseling or mental health services related to an experience of a qualifying act of violence.
5. To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
6. To secure a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
7. To provide care to an eligible family member who is recovering from injuries caused by a qualifying act of violence.
8. To seek or to assist a family member to seek civil or criminal legal services in relation to the qualifying act of violence.
9. To prepare for, or attend, any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
10. To seek or provide childcare or care to a care-dependent adult if the care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence. to seek or provide childcare or care to a care-dependent adult if the care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence
11. Attend certain court proceedings.
Eligible family members for the purpose of this section means a child, parent, grandparent, sibling, spouse, or domestic partner, or designated person as defined in Government Code section 12945 .2. Employers may limit the total amount of leave taken for these reasons to 12 weeks total and in some instances when the employee's family member (as opposed to the employee) is the victim, to 10 or five days.
Employees are required to provide reasonable advance notice of the employee's intention to take time off, if foreseeable, or as soon as possible under the circumstances, depending on the nature of the leave taken under this section. When an unscheduled absence occurs, no action shall be taken against the employee if the employee provides certification to the employer within a reasonable time after the absence. Such certification can be any of the following forms; a police report indicating the employee or an eligible family member of the employee 49 was a victim; a court order protecting or separating the employee or an eligible family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or eligible family member of the employee has appeared in court; documentation from a licensed medical professional, domestic violence counselor, sexual assault counselor, victim advocate, licensed health care provider, or counselor that the employee or an eligible family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence; any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including but not limited to, a written statement signed by the employee, or an individual acting on the employee 's behalf certifying the purpose of the absence.
Employees may elect to substitute accrued vacation, sick leave, or other paid leave time for unpaid leave.
Leaves for injuries resulting from assault related to a qualifying act of violence may run concurrently with other types of leaves, such as Family and Medical Leave, California Family Rights Act, etc.
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. 50 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 man-ow donor shall be required to take up to five days of accrued sick leave, accrued vacation leave, or any other accrued leave available.
A leave of absence for the purpose of being an organ or bone marrow donor shall not be taken concurrently with leave pursuant to the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
Leave taken for the purpose of being an organ or bone man-ow 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 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 sun-ogacy agreement, or a failed embryo transfer to the sun-ogate. 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 cun-ent 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 ofa 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.
51 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.
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.).
52 B. All light-duty requests shall be reviewed by the employee's supervisor, Department Head, and Human Resource staff to ensure that accommodations are sufficient. Accommodations must reflect the limitations indicated by the employee's physician.
C. Upon receiving notification of an employee 's work restrictions for a workers' compensation injury, the City shall first review the job specifications for the employee 's position to determine if the duties of the employee 's position can be modified sufficiently to comply with the work restrictions. If the duties of the position cannot be modified to meet the employee's work restrictions, the City may review existing positions within the City to determine if there is a vacant position for which the employee is able to temporarily perform the duties.
If the City is able to reasonably accommodate the employee 's work restrictions, without creating an undue hardship on the City, with one of the two options noted above, the City may offer temporary light and/or modified duty or temporary reassignment. Such accommodation shall be temporary in nature and not to exceed ninety (90) days, unless specifically authorized by the City Manager due to special circumstances. Any authorized extension is not to exceed a thirty-day period, with any subsequent extensions authorized by the City Manager. Under no circumstances will a position be created to offer an employee light and/or modified duty.
D . After review, the employee will be issued a notice approving or disapproving the light-duty request. If the request is approved, then the notice must (1) include specific duties that the employee is allowed to perform based on the prescribed limitations and (2) require the employee to sign acknowledging the applicable restrictions.
3.018 Special Compensation
Special Compensation for City employees is set by either resolution or labor agreement. Special compensation is a component of compensation eamable, 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(£).
Unqualified items shall not be included as special compensation. As stated in CCR 57l(a), Uniform Allowance "excludes items that are solely for personal health and safety such as protective vests, pistols, bullets, and safety shoes. " 53 3.019 Travel Policy
Purpose
From time to time, City employees are required to attend conferences, meetings, training seminars, certification institutes, etc., which apply directly to the management and operation of Reedley city government. The city recognizes the value and importance of such meetings which relate either to representing city interests before other agencies or the business sector, and also provide the opportunity for the exchange of ideas and training as it relates to the performance of city duties.
This policy sets forth guidelines and establishes uniform practices and policies regarding expenditures associated with City business activities.
Applicability
This policy is applicable to all City employees. The expenses incurred by spouses or guests who choose to attend a conference shall be paid by the employee. There are, from time to time, meetings or social events where an employee's spouse/guest is invited and expected to attend and participate. In those cases, costs associated with the spouse/guest attendance shall be paid for by the City. Written authorization from the Department Head shall be secured in advance when spouse/ guest expenses will be incurred.
Authority
The City Manager may exempt any City employee from the provisions of this policy should be it be determined that an exemption is warranted by extraordinary circumstances or operating requirements.
Authorization
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 fmiher than 40 miles, 54 at the prevailing Internal Revenue Service approved rate in effect at the time, with no adjustment made to the actual business miles traveled. Business miles shall be calculated using the City Hall address as the starting and ending point for business related travel. Claims for eligible mileage shall be submitted to the City Manager for approval, then forwarded to the Administrative Services Department for processing.
Requests for Cash Advance
Requests for cash advance for conference related expenses are to be submitted to the Administrative Services Department in accordance with the regular accounts payable schedule.
Options for Paying for Conference/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*
Parking Fees
Toll Roads/Bridges
55 Meals
Tips (not to exceed 20%)
Bus/Taxi/Rapid Transit & other fares
Mileage where appropriate
Business phone calls
Home phone calls related to conference/ meeting
activity ( one phone call/day to residence except in
family emergency)
Lodging: Lodging arrangements should be practical and economical. As a guide, lodging, as much as possible, should be similar to the currently published Federal Government (IRS) guidelines: Employees staying at a "Conference" hotel and receiving the discounted conference rate shall be allowed to exceed the State Guidelines but are not exempt from any other items in the travel policy. Whenever possible, lodging will be paid directly to the hotel by the City, either by City credit card or by City check. The use of a personal credit card to pay for lodging is only permissible if it is not feasible for the City to make the payment directly. A personal credit card should be provided to the hotel for personal expenses charged to the room.
A Transient Occupancy Tax waiver (California travel only) should always be requested at the hotel. If it is denied, a notation should be made on the waiver form, which then should be attached to the expense form.
Reimbursement of lodging is limited to the actual cost of a single room. When making arrangements for lodging, the government, group, conference or promotional rates shall be requested. The City will not reimburse the traveler for luxury upgrades ( e.g. ocean views, suites, etc.) When lodging at a conference facility is full, lodging at a comparable hotel shall be acceptable.
Meals: Reimbursement for meals shall be made only when travel extends for a minimum of six ( 6) hours except when specifically approved otherwise by the Department Director.
Reimbursement shall be at the current per diem rate established by the U.S. Government General Services Administration (GSA). Meals provided by common carriers (e.g. airline, train, bus) or included in registration fees or hotel rates (i.e., if a Traveler attends a conference where lunch is provided, no reimbursement will be provided for the lunch meal) are not eligible for per diem reimbursements. A continental breakfast does not constitute a meal. Gratuities for meals are included in the per diem rates and are not reimbursed separately.
Travel meals are reimbursable/paid by the City for travel beginning/ending as shown on the below schedule:
Meals 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 form is to be submitted to the Department Head ( or to the City Manager in the event of Department Head travel), then to the Administrative Services Department for processing. Both the itemized and total paid receipts must be submitted for all meals.
56 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.
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 1st to their retirement date will reach the years of service interval for an award.
Employees will be recognized with a service award valued at the specific amount corresponding to the employee's years of service. The value of the service award will be based on years of service table shown below:
Years of Service Service Award Valued at:
5 $100.00
10 $150.00
15 $200.00
20 $250.00
25 $300.00
30 $350.00
35 $450.00
40 $500.00
57 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 312l(a) (20)
3.021 Retirement Gifts Policy
An employee may be honored under this policy if he/she has IO 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 former councilmember, full-time employee, appointed member of a legislative body, or other distinguished member of the community who has passed away. Generally, donations should not exceed $100.00 without compelling justification.
58 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 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. 59 Section 4.000
CHANGES IN
EMPLOYMENT
STATUS
60 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 61 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 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 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.
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 62 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 tfSed 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.
63 Section 5.000
EMPLOYEE CONDUCT
AND DISCIPLINE
64 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 workers' 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. 65 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 termination based on the number, pattern, or severity of incidents.
Authorized leaves and statutorily protected leaves (e.g., Family and Medical Leave Act, California Family Rights Act, military leave,jury duty, subpoenas and court appearances, bereavement leave, vacation leave, leaves of absence pursuant to existing City of Reedley's Policies and Procedures, suspension, union business, etc.) and layoffs are outside the scope of this policy.
In the event of a serious illness or injury to the employee requiring the employee's absence during a future period 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 prope1iy and possible use of equipment in the provision of City services in the employee 's absence. 66 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 report to work on time every day, unless excused by the provisions of these policies and procedures. It is against City policy for employees to share passwords and punch in for anyone but themselves.
No employee may amend or approve their own time card/sheet at any time. Only employees authorized by their department director may punch in or out using a mobile device when reporting for work at an off-site work location without an alternate method with which to punch in or out. Any employees found to be punching with a mobile device while not conducting official work activities will be in violation of this policy and subject to disciplinary action up to and including termination.
1. The City tracks employee time in 15-minute increments. As allowed by FLSA regulations pursuant to 29 CFR § 785 .48 (b) "Rounding" practices, the City rounds employees' starting and stopping times to the nearest fifteen (15) minutes ( quarter of an hour), as long 67 as this rounding does not result in a failure to count as hours worked all the time employees have actually worked performing compensable duties over a period of time. Because the City uses a 15-minute rounding increment, the 7-Minute Rule must be used.
2. The 7-Minute Rule - When work time is tracked in 15-minute (quarter hour) increments, the cutoff point for rounding down is 7 minutes. If an employee works from 1 to 7 minutes, the number will be rounded down to the nearest 15 minutes. If an employee works from 8 to 14 minutes, the number must be rounded up to the nearest 15 minutes.
These rounding rules exist for the calculation of overtime pay only. These rules do not supersede departmental expectations for employees to be at work and ready to perform duties as determined by their designated shift start time.
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 effmi 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:
68 Collared Dress Shirts, Sweaters, Blouses, Cardigan sets • Pants or Slacks
• Dresses or Skirts
• Dress or Casual Shoes
Dress Boots
Jewelry (in accordance with General Guidelines)
3. Casual Apparel
Except for employees in positions that require uniforms, casual clothing may be worn on Fridays, and on other days designated as casual dress days by the City Manager or designee. Casual dress includes:
• Polo shirts with appropriate pants or skirts, sweaters, and clothing made of denim fabric
• Casual clothing must not have holes or be frayed
• Athletic shoes provided they are free from holes and worn with socks or stockings • 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
69 Dresses and skirts shorter than mid-thigh; strapless tops or dresses, low cut, sheer, mesh, cropped, halter, backless, camisole or having spaghetti straps not covered by a jacket or sweater, or any other clothing that exposes an employee's torso or underwear
• Casual sandals such as flip-flops or any shoes that would impact job performance or interfere with safety; Footwear that is prescribed by a physician to facilitate recovering from a medical condition or on-going medical condition may be worn.
In such cases, medical certification may be required.
B. Decor - Designated work areas are expected to be neat and free from excessive clutter.
Pictures, plants, and other decorative items on desk tops, file cabinets, walls, cubicle panels, etc. should be kept to a minimum and be appropriate for the workplace. Pictures should be displayed in frames.
Plants should be maintained in a healthy condition and pest-free. Displays of political or religious items are not permitted as this is a government facility. The physical appearance of 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. Dish ware, 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.
70 Employees who report to work inappropriately groomed or dress in violation of this procedure may be asked to leave work and change into acceptable apparel. In these situations, employees may use accrued leave time if available. Employees whose work area or City vehicle is in violation of this policy will be asked to take appropriate measures to ensure adherence to this policy. Flagrant or frequent violations may result in discipline up to, and including, termination from employment with the City.
F. Exceptions - The City Manager or his/her designee may authorize exceptions to this policy when the application would infringe on an employee's gender identity, genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, physical or mental disability, medical condition, marital status, veteran status, sexual orientation, age, or any basis protected by applicable Federal, State, or local law. Employees assigned to work on properties controlled by another public agency, shall adhere to the dress code of that agency.
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. 71 For good cause, a written reprimand may be removed from an employee's file by direction of the Department Head and upon review of the City Manager, or his/her designee, after one ( 1) year from the date of the written reprimand.
3. Suspension. An employee may be suspended without pay for up to 25 working days by direction of the Department Head. Any appeal of such discipline will be allowed as outlined below in Section 5.007(B)(5)(a).
4. Demotion. An employee may be demoted to a lower salary step within a classification or to a lower classification. Any appeal of such discipline will be allowed as outlined below in Section 5.007(B)(5)(a).
5. Dismissal. A Department Head or the City Manager, for employees reporting to the City Manager, may dismiss any employee in their department in accordance with the 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. 72 However, it should be noted that this provision does not alter the right of the City to place an employee on paid administrative leave prior to any discipline or disciplinary decision.
If the employee fails to respond to the notice of proposed discipline, then the action of the Department Head and/or City Manager shall be effective on the date specified for final action.
Should the employee respond orally or in writing, a "Skelly" hearing, as described below in Section (3), shall occur within a reasonable amount of time and the proposed disciplinary action effective date will be extended to after both the "Skelly" hearing and the final decision of discipline.
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 of reprimand 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 73 For disciplinary actions involving suspensions without pay, transfer for purposes of discipline, demotions or reduction in salary, the employee shall be entitled to a "Skelly" type hearing before the City Manager or designee in accordance with the following procedures:
The employee shall request an appeal hearing within five (5) days of receipt of the written decision to impose discipline.
Upon the employee's request for an appeal hearing, the City shall make arrangements for the City Manager, or designee, to hear the appeal at the earliest time available to all parties and the City Manager, or designee. If the City Manager, selects a designee they will be considered the "Hearing Officer" for the proceedings.
Alternatively, the employee and the City may agree to the selection of a different 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 74 the Hearing Officer's recommendation within ten (10) days of receipt, or within a reasonable extension of time, and render a decision which does any of the following:
1. Upholds the punitive action;
2. Modifies the punitive action; or
3. Reverses the punitive action.
After receiving the recommendation by the Hearing Officer or conducting the hearing, the City Manager shall issue a written decision which shall reference the basis of his/her decision. The City Manager may adopt by reference the decision of the Hearing Officer, if any, as his/her own basis. The City Manager's decision shall be final. ·
b. Appeal Procedures for Disciplinary Actions Involving Dismissal For disciplinary actions involving dismissals, the employee shall be entitled to an administrative hearing as set forth below, or as otherwise set forth in the operative memorandum of understanding (MOU). Absent something expressly to the contrary in the City's personnel rules or in the operative MOU, the City Manager's decision shall be final following the administrative hearing procedure outlined below.
Following the effective date of dismissal, the employee shall be entitled to an administrative appeal hearing in accordance with the following procedures:
The employee shall request an appeal hearing in writing within five (5) days of receipt of the written decision to dismiss. The employee shall include in their written request the reasons or specific allegations they are contesting.
Upon the employee's request for an appeal hearing, the City shall make arrangements to locate and obtain an independent and neutral Hearing Officer to hear the appeal at the earliest time available to all parties and the mediator. The costs of the Hearing Officer shall be borne equally by the City and Employee.
The Hearing Officer shall control the order of the proceedings.
The technical rules of evidence shall not apply, but the Hearing Officer may exclude irrelevant and repetitious evidence that detracts from the proceedings.
The hearing shall be recorded or transcribed by a court reporter.
The employee shall first present his or her case.
The City shall then present its case.
The Hearing Officer may supplement the procedures contained herein as necessary and appropriate for the orderly conduct of the proceedings and to ensure the fairness of the hearing.
Within ten (10) days after the conclusion of the hearing, or within a reasonable extension of time, the Hearing Officer shall issue a written advisory decision that recommends any of the following:
75 1. The dismissal be sustained;
2. The dismissal be modified; or
3. The dismissal not be sustained.
The decision shall make reference to the basis for the Hearing Officer's recommendation.
The Hearing Officer's decision shall be submitted to the City Manager for review along with the record of proceedings. The City Manager shall review and consider the Hearing Officer's recommendation within ten (10) days of receipt, or within a reasonable extension 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.
76 5.008 Policies Affecting the Workplace
A. Americans with Disabilities Act (ADA) Compliance Program for Applicants and Employees with Disabilities
1. Statement oflntent: It is the policy of the City of Reedley to comply with all the relevant and applicable provisions of the Americans with Disabilities Act ("ADA") and all other applicable Federal and State laws relating to discrimination in the workplace on the basis of physical or mental disability. The City of Reedley will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, conditions, or employment because of a person's physical or mental disability. The City of Reedley will also make reasonable accommodations whenever required by law for all employees or applicants with disabilities- provided that the individual is otherwise qualified to safely perform the duties and assignments connected with the job and provided that any accommodations made do not require significant difficulty or expense. The City of Reedley's policy of nondiscrimination applies to all personnel and employment practices.
2. Employment Policies: The City of Reedley will review all personnel procedures to ensure that job applicants and employees with disabilities receive nondiscriminatory 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. 77 All employees with responsibilities which may require knowledge of a disabled coworker's conditions are advised to treat any and all knowledge with confidentiality.
5. Interactive Process: In an effort to comply with the ADA, the City has established an interactive process to determine if reasonable accommodation can be made for a disabled employee. The interactive process will begin when:
• The disabled employee expressly requests an accommodation for a disability, or The City believes that an employee has a disability, or The City believes that the employee is experiencing workplace problems because of the disability, or
• The City believes that the disability prevents the employee from requesting a reasonable accommodation
a. Once the accommodation has been requested or the need for accommodation is recognizable to the City, the City will analyze job functions to establish the essential and nonessential job tasks, and identify the barriers to job performance by consulting, in good faith, with the employee to learn the employee's precise limitations. This process explores the types of accommodations that would be most effective, including any specific accommodation requested by the employee. The City will send a letter to the employee to schedule an ADA Interactive Process meeting to discuss the restrictions and explore the possibilities of making reasonable accommodations under the ADA. During the meeting, the employee is free to bring any health care information, or any other information that they feel will be relevant to the process. The employee may also have representation present at the meeting if they so desire.
b. After identifying the various possible accommodations, the City will assess the effectiveness of each accommodation and the preference of the employee to be accommodated, and determine whether the various accommodations would pose an undue hardship upon the City. After the interactive meeting and review of all available information, the City shall determine if there are reasonable accommodations which can be provided to assist the employee in performing the essential functions of their current job; and, in addition, conduct a review of available positions in the City which can accommodate the work restrictions.
6. Internal Review Procedures: Any employee or job applicant who believes that he or she has been discriminated against on the basis of disability should immediately bring the problem to the attention of the Human Resources Representative or the employee's supervisor. The City of Reedley will investigate and resolve discrimination complaints expeditiously.
B. Anti-Harassment and Anti-Discrimination Policy :
1. Purpose/Objective
The City of Reedley is committed to providing a work environment that is free of unlawful harassment. In furtherance of this commitment, the City strictly prohibits all forms of unlawful harassment, including harassment on the basis of age ( 40 or older), ancestry, color, religious creed (including religious dress and grooming practices), denial of family and medical care leave, disability (mental and physical), including HIV and 78 AIDS, marital status, medical condition ( cancer and genetic characteristics), genetic information, military and veteran status (including Vietnam era veterans), national origin (including language use restrictions), race, sex (including pregnancy, child birth, breastfeeding and medical conditions related to pregnancy), gender, gender identity and gender expression, sexual orientation, or any other protected status in accordance with all applicable federal, state and local laws.
The City of Reedley is also committed to complying with all laws protecting qualified individuals with disabilities, as well as employees' religious beliefs and observances.
This policy extends to all aspects of the City's employment practices, including recruiting, hiring, discipline, termination, promotions, transfers, compensation, benefits, training, leaves of absence, and other terms and conditions of employment.
The City of Reedley will provide a reasonable accommodation for any known physical or mental disability of a qualified individual or for employees' religious beliefs and observances, provided the requested accommodation does not create an undue hardship for the City and does not pose a direct threat to the health or safety of others in the 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 te1mination 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.
79 • Physical conduct, such as touching, groping, assault, or blocking movement. • Physical or verbal abuse concerning an individual's gender, gender identity, or gender expression.
Verbal abuse concerning a person's characteristics such as pitch of voice, facial hair, or the size or shape of a person's body, including remarks that a male is too feminine or a woman is too masculine.
b. Other examples of prohibited harassment or discrimination In addition to the above listed conduct, the City strictly prohibits harassment or discrimination concerning any other protected characteristic. Such prohibited harassment includes:
• Racial or ethnic slurs, epithets, and any other offensive remarks. • Jokes, whether written, verbal, or electronic.
• Threats, intimidation, and other menacing behavior.
• Inappropriate verbal, graphic, or physical conduct.
• 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:
80 • Human Resources Representative
• Assistant City Manager
• City Manager
All complaints of unlawful harassment or discrimination that are reported to management or to the persons identified above will be investigated as promptly as possible, and corrective action will be taken where warranted. All complaints of unlawful harassment or discrimination that are reported to management or to the persons identified above will be treated with as much confidentiality as possible, consistent with the need to conduct an adequate investigation. Complaints will be investigated by impartial and qualified internal personnel unless external involvement is warranted. The process will be documented and tracked for reasonable progress, and all investigations will be completed timely.
The California Department of Fair Employment and Housing (DFEH) may also investigate and process complaints of harassment or discrimination. Violators are subject to penalties and remedial measures that may include sanctions, fines, injunctions, reinstatement, back pay and damages. The toll free number for the DFEH is (800) 884- 1684.
Employees' notification to the City is essential to enforcing this policy. Employees may be assured that they will not be penalized in any way for reporting a harassment or discrimination problem. It is unlawful for an employer to retaliate against employees who oppose the practices prohibited by the California Fair Employment and Housing Act (PEHA), or who file complaints or otherwise participate in an investigation, proceeding or hearing conducted by the California Department of Fair Employment and Housing (DFEH) or the Fair Employment and Housing Commission (FEHC). Similarly, the City prohibits employees from hindering its internal investigations or its internal complaint procedure.
5. Violations of the policy will result in discipline
Violation of this policy will subject an employee to disciplinary action, up to and including immediate termination. In addition, under California law, employees may be held personally liable for harassing conduct that violates the PEHA.
6. Retaliation prohibited
The City of Reedley prohibits retaliation against those who report, oppose or participate in an investigation of alleged violations of this policy. Participating in an investigation of alleged wrongdoing in the workplace includes:
1. Filing a complaint with a federal or state enforcement or administrative agency
2. Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the City regarding alleged unlawful activity
3. Testifying as a party, witness, or accused regarding alleged unlawful activity
4. Associating with another employee who is engaged in any of these activities
5. Making or filing an internal complaint with the City regarding alleged unlawful activity
81 6. Providing informal notice to the City regarding alleged unlawful activity The City strictly prohibits any adverse action or retaliation against an employee for participating in an investigation of alleged violation of this policy. If an employee feels that he or she is being retaliated against, the employee should immediately contact a Human Resources representative, the Assistant City Manager, the City Clerk, or the City Manager. In addition, if the employee observes retaliation by another employee, supervisor, manager, or nonemployee, he or she should immediately report the incident to the individuals identified above.
Any employee determined to be responsible for violating this policy will be subject to appropriate disciplinary action, up to and including termination. Moreover, any employee, supervisor or manager who condones or ignores potential violations of this policy will be subject to appropriate disciplinmy 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/or New Supe-rvisors: 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. 82 9. SB 1343 Compliance:
California State Law SB 1343 requires employers with five (5) or more employees to provide two (2) hours of sexual harassment trainings to supervisory employees, and at least one (1) hour of sexual harassment training to nonsupervisory employees by January 1, 2020.
Effective January 1, 2020, SB 1343 also requires that one (1) hour of sexual harassment training and education be provided to each employee once every two (2) years.
Beginning on January 1, 2020, for seasonal and temporary employees, or any employee that is hired to work less than six (6) months, an employer shall provide the training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.
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:
83 a. Report to work under the influence of a prohibited substance; b. Be under the influence of a prohibited substance while on standby; c. Possess a prohibited substance while on the job site or City property except as authorized in the course and scope of duty or as otherwise authorized under this policy; d. Use a prohibited substance while on the job site or City property or while on standby except as authorized in the course and scope of duty or as otherwise authorized under this policy;
e. Sell, distribute or provide a prohibited substance to any employee or to any person while such employees are on duty or subject to being called;
f. Have their ability to work impaired as a result of the use of a prohibited substance; 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.
84 Any Department Head or supervisor requesting an employee to submit to a drug and/or alcohol test shall document in writing the facts constituting reasonable suspicion that the employee in question has a prohibited presence of drugs, controlled substances, or alcohol in his/her system.
Prior to the administration of any drug or alcohol testing, the Department Head or supervisor shall first obtain a completed, signed Consent for Toxicological Tests from the employee who is to be tested Said consent shall provide for the employee's consent in writing to an alcohol or drug test and the release of the test results to the City. Refusal to sign the consent may be considered an insubordinate act resulting in disciplinary proceedings up to and including termination. Disciplinary action up to and including dismissal, may be taken against an employee for positive results from any drug and/or alcohol test or other conduct in violation of this policy.
*PLEASE CONTACT A HUMAN RESOURCES REPRESENTATIVE FOR A
CONSENT FOR TOXICOLOGICAL TESTS FORM.
Application: This policy applies to all employees and volunteers of the City, and applicants for employment during the pre-employment process as allowed by law. This policy applies to alcohol and to all substances, drugs or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job.
Employee Assistance: The City may refer employees with substance abuse problems to outside agencies who may offer assistance.
D. 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. 85 While the employee remains on Paid Administrative Leave, the City's work rules and policies continue to apply. The employee shall remain available during the employee's scheduled shift and shall be required to respond to calls, emails, or other inquiries from the City, and must be ready and available to return to service during regular work hours.
5.010 Federal Motor Carrier Safety Administration Drug and Alcohol Testing Policy Pursuant to the regulation establishing the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse (Clearinghouse), the City shall conduct Clearinghouse queries as noted below.
Clearinghouse Queries:
Current Employees: The City shall query the Clearinghouse at least once per year for each employee with a commercial driver's license. Each driver must sign a consent form to allow the City to perform the query. If a driver does not sign a consent form, the employee shall be prohibited from performing safety-sensitive duties. If an employee violates the FMCSA's drug and alcohol program regulations, the employee shall be prohibited from performing safety-sensitive duties unless the driver complies with the return-to-duty process set forth at 49 CFR Part 40, Subpart 0.
Prospective Employees: The City shall query the Clearinghouse before allowing a prospective employee to begin operating a commercial motor vehicle. Drivers must sign a consent form to allow the City to perform the query. If a driver does not sign a consent form, the driver shall be prohibited from performing safety-sensitive duties.
Reporting of Drug and Alcohol Program Violations.
The City shall report within three (3) days of learning of the information, a driver's drug and alcohol program violations to the Clearinghouse. The following information shall be reported to the Clearinghouse:
• A verified positive, adulterated, or substituted drug test result; • An alcohol confirmation test with a concentration of 0.04 or higher; • A refusal to submit to a drug or alcohol test;
• An employer's report of actual knowledge, as defined at 49 CFR § 3 82.107; • On dut>' 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. 86 Section 6.000
GRIEVANCES
87 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 88 after receiving the grievance. If the supervisor does not respond within the time limits, the grievant may appeal to the next level. Within the above time limits, either party may request a personal conference. This meeting is a most effective way to discuss and resolve grievances.
B. Second Level of Review
1. In the event the grievant is not satisfied with the decision at Level 1, he/she may appeal the decision in written form to the next highest or intermediate supervisor within seven (7) calendar days from the receipt of the response from Level 1. This statement should include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal.
2. The Division Head shall communicate his/her decision within seven (7) calendar days after receiving the appeal. Either the grievant or the Division Head may request a personal conference within the above limits. If the Division Head does not respond within the time limits, the grievant may appeal to the next level.
C. Third Level of Review
1. In the event the grievant is not satisfied with the decision at the Second Level of review, he/she may appeal the decision in a manner similar to the Second Level of review to the Department Head.
2. The Department Head shall communicate his/her decision within seven (7) calendar days after receiving the appeal. If the Department Head does not respond within the time limits, the grievant may appeal to the next level.
D. Fourth Level of Review
1. If the grievant is not satisfied with the decision at the Third Level, he/she may within seven (7) calendar days appeal the decision in written form to the City Manager or his/her designee. This statement shall include a copy of the original grievance and appeal, the decision rendered, and a clear concise statement of the reasons for the appeal.
2. The City Manager or his designee shall communicate his/her decision to the grievant within seven (7) calendar days, unless agreed otherwise. The City Manager or his/her designee will make final determination of all grievances brought before him/her.
6.007 Representation
The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review.
6.008 Access to Information
At each level of review, the grievant shall have access to all the materials comprising the record of the grievance.
6.009 No Reprisals
No employee will be discriminated against in his/her employment because of the employee's utilization of the Grievance Review Process. Complaints regarding allegations of reprisals should be submitted to the City Manager.
89 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.
90 Section 7 .000
GENERAL EMPLOYMENT
PROVISIONS
91 SECTION 7.000 - GENERAL EMPLOYMENT PROVISIONS
7.001 Yearly Performance Evaluation Process
All regular employees will receive a yearly evaluation from his/her supervisor. In general, the annual evaluation period will cover a complete work year. If a leave of absence, for any reason, lasts more than 30 days, the due date of an annual performance evaluation shall be extended, to provide supervisors the ability to evaluate an employee for a full year of job performance.
Evaluations may be conducted more than once a year if the supervisor feels it is necessary. The City Manager shall review and sign all evaluations before the supervisor distributes them to employees, unless otherwise authorized.
The Performance Evaluation process is a time for open communication between supervisors and employees and will be used for both commendations and disciplinary actions. If an employee disagrees with his/her performance evaluation, he/she may attach a letter or make written comments explaining the disagreement on the evaluation. The employee must still sign the evaluation to acknowledge he/she has seen what was written. The signature does not represent agreement with what the supervisor has written. Supervisors may retain notes all year long to remind them of specific incidents that may have an impact on an employee's evaluation, and have been verbally shared with the employee, as well as the status of his/her performance on an ongoing basis. 7 .002 Residency
Employees are required to notify the Human resources representative within ten business days of moving to a new address so that payroll and benefits information can be kept current. All Fire Department personnel shall reside within twenty minutes driving time, under normal driving conditions, to the Fire Station.
7.003 Personnel Records
Personnel files are subject to prevailing Federal and State laws pertaining to privacy, including, but not limited to, the Peace Officers Bill of Rights (POBAR). The City Manager or his/her designee shall retain records necessary to the proper administration of the personnel system and shall be the custodian of personnel records for the City. Employers cannot waive the privacy rights of their employees. An employee, however, can waive his or her right to privacy in a personnel file or consent to release or disclosure of information. An employee may also request that information be provided to a third party, such as prospective employer or educational institution.
The City Manager's Office must obtain a written release or authorization in which the employee agrees to hold the agency harmless for any disclosure made to the third party.
7.004 Use of Technology
A. Personal Communication Devices (PCD) and City Telephones
1. 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.
92 2. City-Issued PCD. Depending on an employee's assignment and needs of the pos1t10n, the City may, at its discretion, issue a PCD. Such devices shall remain the sole property 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 93 right to access, audit, and disclose, for whatever reason, all messages transmitted over its e-mail system or placed into its storage.
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 corifidential communications. If a communication must be private, an alternative method to communicate the message should be used instead of e-mail. Employees using the City's e-mail system shall have no expectation of privacy concerning communications in the system.
3. Prohibited Use of E-mail. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing, and/or any other inappropriate messages on the e-mail system is prohibited and will not be tolerated. E-mail messages addressed to an entire department or the City are only to be used for official business-related items that are of particular interest to all users and must be approved by the Department Head or the City Manager.
It is a violation of this policy to transmit a message under another user's name. Users are strongly encouraged to log off the network when their computer is unattended. This added security measure would prevent the misuse of an individual's e-mail, name, and/ or password by others.
C. Computer Use
l. Purpose and Scope. This policy describes City usage of computers, software, and systems.
2. System Inspection or Review. An employee's supervisor/Department Head has the express authority to inspect or review the system, any and all temporary or permanent files and related electronic systems or devices, and any contents thereof when such inspection or review is based on cause or is in the ordinary course of his/her supervisory duties.
When requested by an employee's supervisor, or during the course of regular duties requiring such information, a member of the City's information systems staff may extract, download, or otherwise obtain any and all temporary or permanent files residing or located in or on the system.
Reasons for inspection or review may include, but are not limited to the following:
system malfunctions; problems or general system failure ; a lawsuit against the City involving the employee; or related to the employee's duties; an alleged or suspected violation of City and/or department policy; or a need to perform or provide a service when the employee is unavailable.
3. City Property. All information, data, documents and other entries initiated and/or saved on any of the City's computers, servers, or cloud storage, whether downloaded or transferred from the original City computer, shall remain the exclusive property of the City and shall not be available for personal or non-city use without the expressed authorization of an employee's Supervisor/Department Head.
4. Unauthorized Duplication of Software. Employees shall not copy or duplicate any copyrighted and/or licensed software except for a single copy for back up purposes. To 94 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 copy data onto a disk and download it on a non-city computer, the employee shall scan the disk for viruses before reloading the data onto a City computer system.
No employee shall knowingly make, acquire, or use unauthorized copies of computer software not licensed to the City while on City premises or on a City computer system.
Civil damages and criminal penalties, including fines and imprisonment, may result from such activity
5. Internet Use. Internet access provided by the City shall be limited to City-related business activities. However, employees may use the Internet for personal use during meal and break periods, provided the usage does not disrupt City business activity. Internet sites containing information that is not appropriate or applicable to City use and which shall not be intentionally accessed include, but are not limited to, adult forums, pornography, chat rooms and similar or related websites. Certain exceptions may be permitted with the approval of a supervisor if relevant to a work assignment.
Downloaded information shall be limited to messages, mail, and data files. No copyrighted and/or unlicensed software program files may be downloaded. Employees shall report any unauthorized access to the system or suspected intrusion from outside sources (including the Internet) to a supervisor.
6. Protection of City Systems and Files. All employees have a duty to protect the City's system and related systems and devices from physical and/or environmental damage.
They are responsible for correctly using, operating, caring for, and maintaining the system. It is expressly prohibited for an employee to allow unauthorized users to access the system at any time or for any reason.
7, Use of Publicly Available Generative Al. Publicly available generative artificial intelligence (AI) is a form of generative AI that is made publicly available to users. It is not procured through the City and is not required to comply with privacy and security requirements. Ethical and responsible use of publicly available generative AI requires alignment with the City's policies, mission and goals for the public good.
This policy does not include City procured software applications that have gone through the procurement and risk assessment process and maintain privacy, security, and data protection standards that align with state law and policy.
Publicly available generative AI is the focus of this policy due to its unique risks to third-party or internal agency information, which when entered into publicly available AI such as ChatGPT will become part of the chat bot' s data model and can be shared with others who ask relevant questions, resulting in data leakage. • Never enter personally identifiable or confidential information into publicly available generative AI tools.
95 Review, revise, test and independently fact check any output produced by publicly available generative AI to ensure it meets the City's standards for quality work product. AI tools are not always accurate.
• Identify when content was substantially drafted using publicly available generative AI.
• Always check privacy and security settings of the publicly available generative AI tool prior to use.
• For high-risk use-cases, disable chat history and opt out of providing conversation history as data for training publicly available generative AI models prior to use.
Understand using publicly available generative AI comes with risks, and mitigate risks whenever possible.
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 current issues to members of the public. The City has an overriding interest and expectation in safeguarding the integrity of the information posted on its City Social Media sites and the content that is attributed to the City and its officials for the protection of the public health, safety and welfare of the community.
2. Definition of Social Media. Content created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the internet.
Examples of Social Media covered by this policy include, but are not limited to, Facebook, Twitter, Nextdoor, Instagram, Snapchat, Blogs, RSS, YouTube, Linkedin, Delicious, and Flickr. City Social Media site(s) means Social Media which the City establishes and has proprietary rights to control.
3. Requirements.
• All content on City Social Media sites shall be reviewed, approved, and administered by the City Manager, Department Head or Social Media designee. • Social Media sites shall bear the name and/or official logo of the City and, where applicable, of the Department represented.
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.
96 • 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
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 97 • Content that violates a legal ownership interest of any other party • Advocation for alteration of hours, wages, and terms and conditions of employment (employees only)
The City reserves the right to monitor and control or terminate City Social Media sites at any or all times without notice; including, but not limited to, removing or blocking sites or postings that violate the policy as listed above.
The restrictions and prohibitions of this Policy shall be displayed to users or made available by hyperlink with the following disclaimers:
• "City Social Media sites may contain content, including but not limited to, advertisements or hyperlinks over which the City has no control. The City does not endorse any hyperlink or advertisement placed on City Social Media sites by the social media site's owners, vendors, or partners." • "The City reserves the right to change, modify, or amend all or part of this policy at any time."
• "The City reserves the right to terminate any City Social Media site at any time without notice."
E. Etiquette Rules
The following rules apply to the use of City Technology Resources and the use of Personal Technology Resources while conducting City business.
1. Definitions. For the purposes of this Policy, unless otherwise specified, the following definitions apply:
• City Technology Resources. A Technology Resource, including but not limited to a City-Issued PCD, acquired and owned by the City, regardless of who uses or is provided that resource.
• Personal Technology Resources. A Technology Resource, including but not limited to an Individually-owned PCD, acquired and owned by an individual.
The receipt of a City stipend towards the use of a cell phone or other electronic device does not change the ownership of the device.
2. Generally Accepted Standards. Users must follow generally accepted business practices and current laws regarding the use of e-mail, the Internet, and other online 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 98 Resources to invade the privacy of another person, ascertain confidential information, or abuse or harass another person.
5. Ethical Rules and Regulations. Rules, regulations, guidelines, and case law on ethical behavior of government employees and officials; and the appropriate use of government resources apply to the use of City Technology Resources or Personal Technology Resources when conducting City business.
F. Technology Resource Rights
User or Users are individual(s) whether full or part-time, active or inactive, including, but not limited to employees, interns, volunteers, contractors, consultants, vendors, agents, elected or appointed officials, etc. who have been given access to and granted permission(s) to use City Technology Resources.
The City has sole discretion to determine appropriate use and may deny, revoke, suspend, or close any User account at any time without notice. The City reserves the right, at any time, for any reason or no reason and without notice, to revoke a User's permission to access, use, or possess City Technology Resources.
The City reserves the right, at any time, for any reason or no reason and without notice, to limit the manner in which a User may use City Technology Resources in addition to the terms and restrictions already contained in this Policy.
The Technology Users Agreement required by this Policy shall be signed prior to all new employees, volunteers, contractors, elected or appointed officials, agents, vendors, or other Users utilizing City Technology Resources. Employees, volunteers, contractors, elected or appointed officials, agents, vendors, or other Users currently using City Technology Resources (Users who currently have a login and password) will be required to sign the Agreement within fifteen (15) days 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 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.
99 Searches of Personal Technology Resources by an employee shall be conducted during the employee's regular work hours and as otherwise directed by the employee 's supervisor.
The City Clerk or designee shall promptly notify an employee or User of the City's receipt of a CPRA request that may implicate City records located on the employee 's or User's Personal Technology Resources and shall provide the employee or User with instructions for conducting such searches that identify the specific type and nature of records for which the employee or User is required to reasonably ·search and collect, as well as the specific type and nature of records that may be withheld because they are not City-related business.
7.005 Administrative Policies
The City Manager or a designated Department Head may issue administrative policies regarding employee conduct and procedures not in conflict with these Personnel Policies and Procedures.
The purpose of these policies is to supplement and/or clarify the policies and procedures contained in the Personnel Policies and Procedures manual. Violations of Administrative Policies may be grounds for disciplinary action.
7.006 Outside/Secondary Employment.
A. Purpose and Scope. In order to ensure actual or perceived conflicts of interest for City employees engaging in outside or secondary employment are avoided, all employees shall obtain written approval from the City Manager prior to engaging in any outside employment.
Approval of outside employment shall be at the discretion of the City Manager and in accordance with the provisions of this policy.
B. Obtaining Approval. No full time employee of the City may engage in any outside employment without first obtaining prior written approval from the City Manager. Failure to obtain prior written approval for outside employment or engaging in any outside employment prohibited by this policy may lead to disciplinary action.
In order to obtain approval for outside employment, the employee shall prepare a written, outside employment request stating the reasons for such request. These reasons shall then be submitted to the employee's immediate supervisor. The request will then be forwarded to the City Manager for consideration.
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 100
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.
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 101
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.
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;
102
• Transportation of a person or persons in the event of an accident or other emergency; • Incidental transporting of others in a public safety vehicle while responding to an incident from off-duty status.
7.008 Sensitive Information Policy
The risk to the City, its employees and customers from data loss and identity theft is of significant concern, and can only be reduced through the combined efforts of every employee. The purpose of this sensitive information policy to help protect employees, customers, contractors and the City from damages related to the loss or misuse of sensitive information. This policy will define sensitive information, describe the physical security of data when it is printed on paper, and describe the electronic security of data when stored and distributed.
Putting the Identity Theft Prevention Program in place enables the City to protect existing customers, reduce risks of identity fraud and minimize potential damage to the City from fraudulent new accounts. The program will help the City:
• Identify risks that signify potentially fraudulent activity within new or existing covered accounts.
• Detect risks when they occur in covered accounts.
• Respond to risks to determine if fraudulent activity has occurred and act of fraud has been attempted or committed.
• Update the program periodically and review its covered and at-risk accounts.
This policy and protection program applies to all employees, contractors, consultants, temporary workers, and personnel affiliated with third parties. Any employee found to have violated this policy may be subject to disciplinary action up to, and including, termination of employment.
Management will have the responsibility to adopt, implement and enforce this policy and ensure that it is followed by employees and contractors. Additional responsibilities regarding the operation of the Identity Theft Prevention Program may be outlined above or as listed in additional written guidance.
A. Definition of Sensitive Information: Sensitive information, whether electronically stored or printed out, is personal material including, but not limited to, the following items:
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, 103
examples of which include: date of birth, address, phone numbers, maiden name, names, or customer numbers.
B. City Information: Sensitive City information may be subject to disclosure under the California Public Records Act, but accidental or careless disclosure of this information should never occur. City personnel are encouraged to use common sense judgment in securing the City's confidential information to the proper extent. If any employee is uncertain of the sensitivity of a particular piece of information, he/she should contact his/her supervisor/manager or the City Manager. Examples of such information includes, but is not limited to:
1. City, employee, customer, vendor, supplier confidential, proprietary information or trade secrets.
2. Proprietary and/or confidential information, among other things, includes: business methods, customer utilization information, retention information, computer codes, screens, forms, information about or received from the City's current, former, and prospective customers or suppliers, or any other non-public information. Proprietary and/or confidential information may also include the name and identity of any customer or vendor and the specifics of any relationship between and among them and the City.
3. Any document marked "Confidential," "Sensitive," "Proprietary," or any document similarly labeled.
C. Hard Copy Distribution: Every employee and contractor performing work for the City will comply with the following policies:
1. File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with sensitive information will be locked when not in use.
2. Storage rooms containing documents with sensitive information and record retention areas will be locked at the end of each workday.
3. Desks, workstations, work areas, printers and fax machines, and common shared work areas will be cleared of all documents containing sensitive information when not in use.
4. Whiteboards, dry-erase boards, writing tablets, etc. in common shared work areas will be erased, removed, or shredded when not in use.
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:
l. 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:
104
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) 63 7-4200 and delete the transmission. Thank you
7.009 Additional Identity Theft Prevention Program
If the City maintains certain covered accounts pursuant to Federal legislation, the City may include the additional program details. The Red Flags specified herein may be tailored to the specific City's needs.
A. Covered Accounts: Every new and existing customer account that meets the following criteria is covered by this program.
1. Business, personal and household accounts for which there is a reasonably foreseeable risk of identity theft.
2. Business, personal and household accounts for which there is a reasonably foreseeable risk to the safety and/or soundness of the City from identity theft, including financial, operational, compliance, reputation, or litigation risks.
B. Red Flags: The following "Red Flags" are potential indicators of fraud. Anytime a Red Flag, or situation closely resembling a Red Flag, is apparent, it should be investigated for verification, as follows:
1. Alerts, Notifications or Warnings from a Consumer Reporting Agency • A fraud or active duty alert is included with a consumer report. • A consumer reporting agency provides a notice of credit freeze in response to a request for a consumer report.
• A consumer reporting agency provides a notice of address discrepancy. • A consumer report indicates a pattern of activity that is inconsistent with the history and usual pattern of activity of an applicant or customer, such as a recent and 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 105
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 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 106
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 cunent business environment. Periodic reviews will include an 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 107
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. 108
DATE: May 27, 2025
REEDLEY CITY COUNCIL
D Consent
D Regular Item
D Workshop
D Closed Session
~ Public Hearing
ITEM NO: 8
TITLE: ADOPT RESOLUTION NO. 2025-035 LEVYING THE FISCAL YEAR 2025-2026
ANNUAL ASSESSMENTS FOR THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
SUBMITTED: Marilu S. Morales, P.E~y\
APPROVED: :::o:n;in::~a I /
City Manager 1/'f
RECOMMENDATION
That the City Council:
1. Conduct a public hearing regarding the annual assessment of the City of Reedley Landscaping and Lighting Maintenance District (LLMD) No. 1.
2. After considering public comments, adopt Resolution No. 2025-035, a resolution approving the levying of the annual assessment for the City of Reedley LLMD No. 1.
3. Direct the City Clerk, or her designee, to record this Resolution with the Fresno County office of the Recorder.
EXECUTIVE SUMMARY
The City of Reedley LLMD No. 1 was formed in November of 1989. LLMD No. 1 was established to provide on-going maintenance, operation and servicing of the local pocket parks, open spaces, landscaping and irrigation in local area buffers, entryways and median islands, street trees in park strips, block walls and local street lighting within said District.
On April 8, 2025, the City Council initiated the proceeding for the annual levy and collection of assessments for the LLMD No. 1, preliminarily approved the Engineer's Report for the annual levy and collection of assessments for the LLMD No. 1, and set the public hearing regarding proposed assessments for May 27, 2025. The attached resolution authorizes the levying of assessments as defined in the Engineer's Report.
BACKGROUND
This resolution is required yearly by the Landscaping and Lighting Act of 1972 in order to impose the annual assessments on the county tax rolls for the maintenance and care of landscaped areas in the City's LLMD No. 1 formed in November of 1989. The Landscaping and Lighting Act of 1972, California Streets and Highways Code Section 22500 et. seq was designed to allow local governments the ability to collect assessments to defray the cost of maintaining and operating landscaping areas and lighting.
Properties within Reedley's LLMD No. 1, as shown on the Assessment Diagrams in the Engineer's Report are separated into benefit zones, such that those properties receiving benefit from a particular improvement are assessed for such improvements in proportion to the benefit received in conformance with Proposition 218 Omnibus Implementation Act.
On April 8, 2025, the City Council adopted Resolution No. 2025-019 preliminarily approving the Engineer's Report for the LLMD No.1 2025-2026 Annual Assessments and Resolution No. 2025-020 for the intent to levy and collect the annual assessments to be approved at a public hearing on May 27, 2025. The Engineer's Report for 2025-2026 identifies the required funding to help offset the costs for services associated with the City's LLMD No. 1. Receipt of these assessments will ensure the ongoing maintenance, operation and servicing of the local pocket parks, open spaces, landscaping and irrigation in local area buffers, entryways and median islands, street trees in the park-strips, and local street lighting within said District. The levying of these assessments was approved by the property owners during the annexation and formation of each of the Zones listed below.
As of May 19, 2025, no protests from the affected landowners have been received. The LLMD No. 1 Zones to be levied are shown on the attached map exhibit A and listed as follows:
Zone A
Zone E
Zone G
Zone H
Zone I
Zone J
Zone K
Zone L
Zone M
Zone N
Zone 0
Zone P
Zone Q
Zone R
Riverview Estates
Willow Ridge I
Hearthstone
Willow Ridge II
New Horizons
River Ridge Units I, II, Ill
Rosewood
Cottage Glen I, II, IV &
Cottage Commons
Parcel Map No. 196
Parcel Map No. 198
The Oaks
Orchard Estates I & 11
Presidential Estates
Reedley Estates
(Hawthorne Heights)
Landscape buffer along Kings River Rd & street lighting Landscape buffer along Buttonwillow Ave, pocket park & street lighting
Landscape buffer along Frankwood Ave, pocket park & street lighting
Landscape buffer along Buttonwillow Ave, pocket park & street lighting
Landscape park strips, street trees, pocket park & street lighting Landscape buffers along Dinuba Ave, Tobu Ave, and Zumwalt Ave, landscape park strips, street trees, SD basin landscape maintenance & street lighting
Landscape buffer along Buttonwillow Ave, landscape park strips, street trees & street lighting
Landscape buffers along Church Ave and Frankwood Ave,
landscape park strips, street trees, street lighting & stormceptor maintenance
Landscape buffers along Buttonwillow Ave and Dinuba Ave & street lighting
Landscape buffers along Manning Ave and Reed Ave,
landscape median island in Manning Ave, street lighting & stormceptor maintenance
Landscape buffers along Buttonwillow Ave and Dinuba Ave & street lighting
Landscape buffers along Frankwood Ave and East Ave,
landscape median island in Frankwood Ave, East Ave, Olson Ave, landscape park strips, street trees & street lighting Landscape park strips, street trees & street lighting
Landscape buffers along South Ave and Sunny Ave,
landscape median island in Sunny Ave, landscape park strips, street trees, landscape linear park along Locke Ave, street lighting & stormceptor maintenance