RTC 21-1689 — City Council and Authorities Concurrent, January 25, 2022 (part 2 of 2)

City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples' Day Survey
In recent years, the City of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurlsdlctions is a collaborative effort to provide more representation of local and state h[story.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Nat[ve American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Discovery, but with the Native American people at the center of the narrative.

At the October 15, 2020 Task Force on Diversity, Equity, and lncluslon (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the City Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when making a recommendation to the City Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
0 Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October ri Observe Indigenous Peoples' Day (or an alternate holiday name that honors Native 'V,J Americans) instead of Columbus Day on the 2nd Monday of October (,...1 Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October J or on different days
Observe Columbus Day on the 2nd Monday 6f October and observe Native American Heritage 0 Dayan the 4th Friday of September

Page 1 of 2 ends

City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples' Day Survey
In recent years, the City of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurisdlctions is a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates ltalian-Amerlcan culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Native American people. With his arrival came vtolence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

At the October 15, 2020 Task Force on Diversity, Equity, and Inclusion (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the City Council on the City's observance of the Columbus Day holiday.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
(J Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October • Observe lndlgenous Peoples' Day (or an alternate holiday name that honors Native Americans) instead of Columbus Day on the 2nd Monday of October 0, Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October or on different days
(1 Observe Columbus Day on the 2nd Monday of October and observe Native American Heritage -~-' Dayan the 4th Friday of September

Page 1 ends

City of
Santa Clara
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City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples' Day Survey
In recent years, the City of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurisdictions is a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, whlch ushered in an era of European conquest and death of Native American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
0 Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October ,a., Observe Indigenous Peoples' Day (or an alternate holiday name that honors Native ~ Americans) instead of Columbus Day on the 2nd Monday of October \/\ Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October J or on different days
Observe Columbus Day on the 2nd Monday 8f October and observe Native American Heritage 0 Dayan the 4th Friday of September

Page 1 of 2 ends

City of
Santa Clara
Observancia do Dia de Colombo e do
Dia dos Povos lndigenas
Nos ultimas anos, a Cidade de Santa Clara (Cidade) recebeu diversos pedidos de informa9ao de resldentes relativamente a obseNancia do Dia de Colombo par parte da Cidade, a malaria dos quais instou a Assembleia Municipal a alterar o name Dia de Colombo para Dia dos Povos lndlgenas. Ao longo dos ultimas anos, estados e cidades come9aram a reconhecer e a substituir o Dia de Colombo pelo Dia dos Povos lndfgenas. Este reconhecimento hist6rico que atravessa jurisdi96es locals e um esfor90 colaborativo para proporcionar uma maior representa9ao da hist6ria local e do estado.

O Dia de Colombo e um ferlado federal que comemora o desembarque de Crist6vao Colombo nas Americas em 12 deOoutubro de 1492 e celebra a cultura e patrim6nio ltalo-Americanos. Tern existido controversia relativamente ao feriado devido a chegada de Colombo a America do Norte, que marcou o infcio de uma era de conquista Europeia e morte de povos Natives amerrcanos. A sua chegada veio acompanhada de violencia, escravidao, assimila9ao fon;:ada e conversao do Pavo Native americano ao Cristianismo. Essa chegada, tambem introduz[u uma serie de novas doen9as que tiveram consequencias e efeitos a longo prazo sabre os Povos Natives Americanos.

O name Dia dos Povos lndlgenas honra a perda, o legado e a cu!tura dos afetados pela chegada de Colombo ea subsequente coloniza9ao americana. Este name ainda reflete o mesmo impacto hist6rico da Era Europela dos Descobrimentos, mas coloca o povo Native Americana no centro da narrativa.

Na reuniao de 15 de outubro de 2020 da Equipa de Trabalho sabre Diversidade, Equidade e lnclusao (Equipa de Trabalho), a Equipa de Trabalho discutiu a altera9ao do name do Dia de Colombo. A Equipa de Trabalho aprovou, unanimemente, a aceita9ao da consulta dos Gabinetes da Assemblela e do Presidente do Municfplo para que seja apresentada uma recomenda9ao a Assembleia Municipal relativamente a observancia do feriado do Dia de Colombo par parte da Cidade. 0 objetivo desta pesquisa e para obtener a perspetiva da comunidade. Os resultados deste inquerito sao apenas para fins de pesquisa e serao encaminhados para a Equipa de Trabalho para considera9ao aquando da recomenda9ao a Assembleia Municipal.

1. Fornet;a a sua opiniao relativamente a observancia do Dia de Colombo e do Dia dos Povos lndigenas.

A Sua Posi~ao:
'¢ Manter o estado corente: observar o Dia de Colombo na 2.a segunda-feira de outubro ./ Observar o Dia dos Povos lndfgenas (ou um name alternatlvo para o ferlado que honre t- ' os Natfvos Americanos) no lugar do Dia de Colombo, na 2.a segunda-feira de outubro ·rt;· Observar o Dia de Colombo e o Dia dos Povos lndfgenas na 2.a segunda-feira de Outubro /-;,;,. ou em dias diferentes.

Observar o Dia de Colombo na 2.a segunda-feira de Outubro e observar o Dia do Patrim6nio dos Nativos Americanos na 4.a sexta-feira de Setembro

Page 1 ends

2. Forne9a a sua opiniao relativamente a observancia do Dia de Colombo e do Dia dos Povos lndfgenas.
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Page 2 of 2 ends

City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples' Day Survey
In recent years, the City of Santa Clara (City) has received several res[dent inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurisdictions is a collaborative effort to provide more representatlon of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Native American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
0 Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October ~ Observe Indigenous Peoples' Day (or an alternate hollday name that honors Native ( , Americans) instead of Columbus Day on the 2nd Monday of October (""") Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October \_.) or on different days
ll Observe Columbus Day on the 2nd Monday bf October and observe Native American Heritage "-' Dayan the 4th Friday of September

Page 1 of 2 ends

2. Please provide your jnput on the observance of Columbus Day and Indigenous Peoples' Day.

Public comments can be submitted below:
___ ,, .. ,_, ................ ,_, _________________________ ,.,,_, ___________ , ____ .

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This content is neither created nor endorsed by Microsoft. The data you submit will be sent to the form owner. ill Microsoft Forms

Page 2 of 2 ends

City of
Santa Clara
',J
j
Observance of Columbus Day and
Indigenous Peoples' Day S~rvey
In recent years, the City of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This hlstorlcal recognition across local jurisdlctions is a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal hoHday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Native American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

At the October 15, 2020 Task Force on Diversity, Equity, and Inclusion (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the Clty Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when maklng a recommendation to the City Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
0 Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October 0 Observe lndlgenous Peoples' Day (or an alternate holiday name that honors Native Americans) instead of Columbus Day on the 2nd Monday of October - . ..Lbserve both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October ·<v ~~· on dlfferent days
,.... Observe Columbus Day on the 2nd Monday hf October and observe Native American Heritage U Dayan the 4th Friday of September

Page 1 of 2 ends

2. Please provide your.,.input on the observance of Columbus Day and Indigenous Peoples 1 Day.

Public comments can be submitted below:

This content is neither created nor endorsed by Microso~ The data you submit will be sent to the form owner. ill Microsoft Forms

Page 2 of 2 ends

J
City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples• Day Survey
In recent years, the City of Santa Clara (City) has received several resident inquirres regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurisdictions is a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Native American people. With his arrival came violence, slavery, forced assimilation and converslon of Native American people to Christianlty. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Dlscovery, but with the Native American people at the center of the narrat1ve.

At the October 15, 2020 Task Force on Diversity, Equity, and lnclus1on (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to brlng a recommendat1on to the City Council on the City's observance of the Columbus Day holiday.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
(J Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October / Observe Indigenous Peoples' Day (or an alternate holiday name that honors Native t:!J Americans) instead of Columbus Day on the 2nd Monday of October U,) Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October or on different days
Observe Columbus Day on the 2nd Monday bf October and observe Native American Heritage () Dayan the 4th Friday of September

Page 1 of 2 ends

From: Gene Pashby
To: Equity Task Force
Subject: co9lumbus day
Date: Saturday, October 23, 2021 11:42:47 AM
LEAVE THE NAME AS IT IS. Gene Pashby
From: Andrew Illiano
To: Equity Task Force
Subject: In Support of Columbus Day
Date: Saturday, October 23, 2021 9:01:05 AM
To the members of the Task Force on Diversity, Equity & Inclusion, As an Italian-American I am all too aware of the unrelenting attacks Columbus Day undergoes yearly. While several books have been published by scholars either countering the attacks on Columbus (ex “Columbus and the Quest for Jerusalem” by Carol Delaney ),or proving Howard Zinn wrong (ex: “Debunking Howard Zinn” By Mary Graber) and fact based websites have been created to educate the public (ex: KnowColumbus.org, ColumbusTheTruth.org), these attempts have done little to relent the attacks on Italian-Americans. Yes, I said attacks on Italian-Americans, not Columbus.

Italian-Americans observe Columbus Day as a celebration of their heritage and contributions made to this country. From the many Italian explorers that came after Columbus to map out the Americas, to Filippo Mazzei’s inspirational words that helped shape our constitution, that “All men are by nature equally free and independent”, to the works of Constantino Brumidi whose paintings beautify the Senate and House Chambers and the Capitol Building’s rotunda, to the Piccirilli brothers who carved the “Seated Lincoln” in Lincoln Memorial, to Amadeo Giannini who found Bank of America, to Enrico Fermi who was the first to split the atom at Columbia University and lead the Manhattan Project, to Antonio Meucci the true inventor of the first telephone, and other contributions that are too countless to list in this letter, one thing is evident: Throughout history Italians have made great contributions to America and the world! Proponents of Indigenous People’s Day love to say, “This is not anti-Italian; It’s anti-Columbus.” But that is a lie.

Are they calling to rename the day “Italian Heritage Day”? NO! They are demanding the day be taken completely away from Italian Americans and there is nothing more anti-Italian than this! This is NOT being inclusive. And anyone that votes in favor of eliminating our day of celebration is just as guilty of racism and discrimination as the people calling for it’s removal, especially when they’re not even calling to rename the day “Italian Heritage Day.” Fact is scholars have proven that Christopher Columbus is accused of crimes committed by his political adversaries and actions of leaders that came after him. Historical research shows that Columbus advocated for the rights of Indigenous People and punished his own men when they committed crimes against the Natives. Time and again writings show that Columbus hoped to peacefully convert Native Americans to Christianity through teaching and not force. By Papal law, once people converted to Christianity they could not be enslaved so how could he possibly have intended to pursue slavery? Yet it seems the flames of uneducated radicalized mobs continue to dictate the course of this country as they strong arm leaders to capitulate to their zealous screams and unjustly take this day of recognition away from Italian-Americans by slandering Christopher Columbus! Notice when people attack Columbus they either never provide references or proof to their accusations, or they take quotes out of context to fulfill their false narratives. For your convenience I’ve included the below links to scholarly resources so you can continue your education on Christopher Columbus and see through the lies being perpetrated against the Italian-American community. Please do not turn your back to these truths! A vote for Columbus Day is a vote for education, a vote for truth, and a vote for the Italian-American Community.

Globally Indigenous People Day is recognized on August 9th. Native American Day is the fourth Friday of September. American Indian Heritage Day is the Friday after Thanksgiving. November is Native American Heritage Month. As Italian-Americans we ask only for ONE day to celebrate our heritage, culture and contributions. Are we not worthy of that?
Sincerely,
Andrew Illiano

1. Item 1 - Attachment 4
Rediscovering Columbus: Evidence That Topples the Wall of Lies Around Him https://franoi.com/columbus/rediscovering-columbus/

2. Debunking “Top 5 Atrocities Committed by Christopher Columbus” https://www.officialchristophercolumbus.com/2020/06/debunking-top-5-atrocities-committed-by.html

3. Columbus: Fact vs Fiction: https://www.osia.org/wp-content/uploads/2017/05/Columbus05_factvsfiction.pdf

4. VIDEOS and Links: Courage and Conviction: https://www.kofc.org/en/news-room/columbus/index.html#

5. http://www.truthaboutcolumbus.com/

6. VIDEO: Columbus: Facts vs Fiction https://www.youtube.com/watch?v=jVOcXLHj6kQ

7. Columbus and the Quest for Jerusalem: https://www.amazon.com/Columbus-Quest-Jerusalem-Religion- Voyages/dp/1439102376/ref=sr_1_1?
dchild=1&keywords=Columbus+and+the+Quest+for+Jerusalem&qid=1615916072&sr=8-1

1. If you don’t have time to read the book here’s an article on its research:
https://www.thecollegefix.com/columbus-not-villain-professor-says-explorer-seriously-maligned/

8. VIDEO: Interviewing Stanford University professor Carol Delany https://youtu.be/HzezYlARIcU?t=24

9. Christopher Columbus The Hero: Defending Columbus From Modern Day Revisionism:
https://www.amazon.com/Christopher-Columbus-Hero-Defending-Revisionism/dp/1548738123/ref=sr_1_4? dchild=1&keywords=christopher+columbus&qid=1615915539&sr=8-4

10. Exposing the lies of Christopher Columbus: http://www.officialchristophercolumbus.com/

11. Debunking Howard Zinn: https://www.amazon.com/Debunking-Howard-Zinn-Exposing- Generation/dp/1684511526/ref=sr_1_1?dchild=1&keywords=Debunking+Howard+Zinn&qid=1615917195&sr=8-1

12. “Debunking Zinn’s Lies About Columbus” by Rich Disilvio:
http://www.columbusthetruth.org/Documents/DebunkingtheZinnMethodologyRich%20Disilvio.pdf

13. A Realistic Historical Perspective on Christopher Columbus:
http://www.columbusthetruth.org/Documents/ARealisticHistoricalPerspectiveonChristopherColumbusSteveByas.pdf

14. Resources that debunk the lies about Columbus: https://knowcolumbus.org/resources/ And many more… http://www.columbusthetruth.org/links.htm The True legacy of Christopher Columbus, Links
to other Christopher Colu...

Order Sons and Daughters of Italy in America. The truth and real facts about Christopher Columbus and not the li...

From: Matthew Guarnieri
To: Equity Task Force
Subject: Italian-American Defense League - Celebrate Columbus Day and Indigenous People"s Day Date: Wednesday, October 27, 2021 5:09:58 PM
Dear Members of the Santa Clara Equity Task Force:

Together we must stop systematic discrimination and bigotry against Italian Americans. Across this great Nation, never before has there been a movement by local, state, and now federal officials against people of one ethnic descent in the 21st century. I am founder of the Italian-American Defense League, member of the Italian American Alliance, son of an Italian orphan who sought a better life in the United States, and father concerned with preserving Italian-American heritage, history, and culture for future generations of Americans.

There is a problem today that is creating a false divide between Native Americans and Italian Americans - the elimination of Columbus Day.

Let me
start with a solution to this problem. Keep Columbus Day and designate Indigenous People's Day, a day worthy of recognition, to either August 9th (The International Day of the World's Indigenous Peoples), September 24th (Native American Day in California) or the Friday after Thanksgiving, a better fit based on historical context.

Replacing Columbus Day is contrary to a spirit of diversity, equity, and inclusion by excluding Italian Americans.

Historical context shows Columbus
Day was designated because of anti-Italianism and anti-Catholicism in the 19th and 20th centuries.

Even today, many who oppose Columbus are anti-Catholic
and ignorant of Italian-American history. Please understand that the majority of Italian Americans view the replacement of Columbus Day as discriminatory, biased, and divisive.

A loud and vocal few are hijacking the agenda of
Indigenous People, using it for their own political advancement.

In recent years, as I have revisited and researched Columbus Day, I have found:

1. Historically, people of Italian descent are proud to be included in a country that was founded as a result of Columbus's vision and perseverance as a navigator.

2. Columbus Day is a day that created a national identity for Italians, something that they didn't have in their home country, and is an apology for discrimination against Italians at multiple times in American history.

3. Modern-day scholars tell a very different story of Columbus based on primary sources and context rather than the twisted history of revisionists of the past 30 years.

First, President Barack Obama, just as every president dating back to Benjamin Harrison, understood the significance of Columbus Day for people of Italian descent and all Americans.

Here is President Obama's proclamation in 2011:

On October 12, 1492, Christopher Columbus and his crewmembers sighted land after an ambitious voyage across the Atlantic Ocean. The ideals that guided them to this land--courage, determination, and a thirst for discovery--have inspired countless Americans and led to some of our Nation's proudest accomplishments. Today, we renew our commitment to fostering the same spirit of innovation and exploration that will help future generations reach new horizons.

Ten weeks before his arrival in the Americas, Columbus and his crewmembers set sail from Spain in search of a westward route to Asia.

Though their journey was daring, it did not yield the trade route they sought. Instead, it illuminated a continent then unknown to Europe, and established an unbreakable bond between two distant lands.

These explorers, and countless others that followed them, encountered indigenous peoples that had lived in the Western hemisphere for tens of thousands of years. On this day, we also remember the tragic hardships these communities endured. We honor their countless and ongoing contributions to our Nation, and we recommit to strengthening the tribal communities that continue to enrich the fabric of American life.

Columbus returned to the Americas three more times after his first historic voyage, and his journey has been followed by millions of immigrants, including our Nation's earliest settlers and Founders. Born in Genoa, Italy, Christopher Columbus was the first in a proud tradition of Italians to cross the Atlantic to our shores. Today, we recognize their indelible influence on our country and celebrate the remarkable ways Italian-Americans have shaped the American experience.

The excitement Christopher Columbus and his crewmembers experienced that October morning is felt every day by today's pioneers: entrepreneurs and inventors, researchers and engineers. On the anniversary of Christopher Columbus's voyage, we celebrate the pursuit of discovery as an essential element of the American character. Embracing this heritage and inspiring young people to set their own sails, our Nation will reach the shores of an ever brighter tomorrow.

In commemoration of Christopher Columbus's historic voyage 519 years ago, the Congress, by joint resolution of April 30, 1934, and modified in 1968 (36 U.S.C. 107), as amended, has requested the President proclaim the second Monday of October of each year as ``Columbus Day.'' NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim October 10, 2011, as Columbus Day. I call upon the people of the United States to observe this day with appropriate ceremonies and activities. I also direct that the flag of the United States be displayed on all public buildings on the appointed day in honor of our diverse history and all who have contributed to shaping this Nation.

Historically, this shows that Columbus Day has been a bipartisan celebration of events leading to the founding of our Nation and the positive impact of Italian- Americans on our beloved country.

Second, as Americans we cannot forget the journey of all immigrant groups throughout history and their quests for justice, including Italians.

August 23,
2021 was the anniversary of the execution of Nicolo Sacco and Bartolomeo Vanzetti for a murder they didn’t commit in South Braintree, Massachusetts.

The trial took place during a time of Italia-phobia and drew worldwide attention.

The context for this trial is the 1920's, a time of resurgence of the KKK and The (anti) Immigration Act of 1924 which limited the immigration of Catholics, including Italians.

That is also the time that people of Italian descent funded the erection of Christopher Columbus statues across America, because Columbus was an Italian and Catholic, in good faith with local governments.

Essentially, eliminating Columbus Day is siding with white supremacists of the Twentieth Century, over poverty stricken Italian immigrants who never felt a national identity in their home country, but rallied behind becoming American.

In another example showing Columbus Day is tied to Italian-American heritage and history, President Benjamin Harrison issued a proclamation in 1892 after the March 14, 1891 lynching of 11 Italian Americans in New Orleans.

This is the
single largest lynching in U.S. history. Harrison recommended “to the people the observance in all their localities of the 400th anniversary of the discovery of America…” and described Columbus as “the pioneer of progress and enlightenment.”
Native Americans and Italian Americans marched during the first Columbus Day parade in New Orleans in the spirit of unity in stark contrast to the forces at be who are creating an artificial divide between the groups today.

Recently, the Italian Parliament passed a resolution to defend Christopher Columbus and Italy’s special relationship with the United States, showing the holiday's significance to people of Italian descent.

Eliminating Italian-American
heritage and culture may diminish diplomatic relations between the two nations.

The resolution commits the government:
to take action, on the political and diplomatic level, so that the Italian cultural heritage in the USA and the symbolic figure of that heritage embodied by Christopher Columbus may be safeguarded;

to use all the communication tools available to the Government, to grant the enhancement, both at the level of bilateral Italy-US relations and at the multilateral level, of the real historical role of Christopher Columbus, an explorer moved by the noble sentiments of discovery, at the basis of the evolution of society and of the whole of humanity.”

This resolution shows that celebrating Columbus Day is meaningful to people of Italian descent from the past, today, and to future generations. •
•
Third, if we cannot celebrate Columbus Day, then we cannot celebrate Indigenous People's Day either, because the Americas were not a Garden of Eden prior to Native American encounters with Europeans. Eastern Native American tribes fought in “mourning wars.” Native Americans, “such as the Mahican, Cofitachequi, Susquehannock, Petun, Oneida, and Micmac retaliated for the deaths of relatives and clan members by taking captives or killing Indians from rival bands.”
One of the reasons for fighting was that these
“blood feuds provided a steady source of captives for some Native Americans’ ritual sacrifices.”
Furthermore, “engagements were usually one-sided affairs that ended with the taking of captives.” For many captives, “the entire village assembled in the primary war chief’s longhouse and began torturing the captive in a lengthy, highly ritualized ceremony. After the prisoner’s death, the tribe concluded the ceremony by cooking and eating his remains.” Lastly,
“women, children, and skilled or especially attractive men were adopted into the family.”
Like supporters of Christopher Columbus who do not celebrate the actions of Roldan, Bobadilla and Ovando, it is doubtful that today’s Native Americans celebrate inhumane native practices of the past.

Though the history is complex
and shocking by today’s standards, modern thinkers can agree that those inhumane Native American practices were acceptable at that time, and we should still celebrate Native American heritages today.

Modern day
revisionists use Columbus as a scapegoat for all sins of the past while failing to acknowledge human sacrifices of the Aztecs and cannibalism by the Caribes.

Academically giving a "free pass" to some native groups, while demonizing Columbus for the sins of others, is unsound and unworthy of serious scholarship.

Rafael Ortiz, author of Christopher Columbus The Hero, is of Taino (Puerto Rican) descent and defends Columbus and Italian Americans.

Ortiz counters
every point against Columbus with context and citations. He states “I hope the media retract their false biographies and accusations on Columbus and correct their mistakes.

I hope people will stop sharing false information in social media, without first double-checking the facts.”
For the past thirty years, Columbus is being accused of crimes he didn’t commit. Revisionists and activists fail to see themselves as committing another wave of anti-Italian and anti-Catholic discrimination. They only see using Columbus to achieve their own political agenda. In addition to Rafael Ortiz, researchers, historians, and anthropologists of the present and past support my claims, including: Carol Delaney, Mary Graber, and Samuel Eliot Morison.

Delaney Ph.D., Harvard Divinity School, the University of Chicago, and Boston University, wrote “Columbus never killed any natives and continually admonished his men not to maraud, rape or plunder.”

By today's standards, I condemn Captain Martin Alonso Pinzon, Francisco Roldan, and Francisco de Bobadilla for their sins and atrocities.

However, as I
learn more I am cautious of becoming guilty of presentism, viewing history through today’s lens and not in the context of the past. Today's revisionists must face the facts. It took the United States less than 100 years to rid the country of slavery, a human institution that was present in all cultures since the beginning of known history, a practice that Columbus never participated in.

Here are the words of Friar Bartolome de Las Casas, known as the defender of the Indians, ”But here is observable, that the desolation of these Isles and Provinces took beginning since the decease of the most serene Isabella, about the year 1504."
Columbus had already returned from his fourth voyage by then. This shows that Las Casas believed that Columbus’s actions during his four voyages were just and lawful. In life, Christopher Columbus was exonerated from false accusations by his political adversaries by the Spanish sovereigns, and today revisionists are putting Columbus on trial again, unjustly.

I am hoping to start a conversation with influential members of Native American groups to stand side by side with Italian Americans (and patriots) to celebrate multiculturalism and diversity, instead of destroying it.

We have a great
responsibility as today's Americans to create an environment of togetherness and truth for future generations.

I humbly ask that you share this letter with anyone open to a bipartisan and unifying solution that honors and respects both Native Americans and Italian Americans.

I would welcome the opportunity to elaborate on any of my remarks.

Matthew Guarnieri
Founder of IADL
Clinton, CT
iadlnow.org
[email protected]
860-552-9597
References:

U.S. Government Publishing Office
Sacco and Vanzetti executed
U.S. Government Publishing Office
Italian American Stereotypes In Media
The Grisly Story of One of America’s Largest Lynching
Sacco and Vanzetti executed
History.com Editors
Despite worldwide demonstrations in support of their innocence, Italian-born anarchists Nicola Sacco and Bartolo...

Italian American Stereotypes In Media
The Grisly Story of One of America’s Largest
Lynching
Erin Blakemore
Innocent Italian-Americans got caught in the crosshairs of a bigoted mob.

In defense of Columbus
Native American Warfare in the East: Mourning Wars | Encyclopedia.com http://www-personal.umich.edu/~twod/latam-s2010/read/las_casasb2032120321-

8.pdf
Columbus and the Quest for Jerusalem by Carol Delaney
Christopher Columbus The Hero: Defending Columbus From Modern Day In defense of Columbus
Native American Warfare in the East: Mourning
Wars | Encyclopedia.com
Native American Warfare in the East: Mourning Wars Sources Source for information on Native American Warfare in ...

Columbus and the Quest for Jerusalem
“One of the 100 best books of the year.” —The Times Literary Supplement Christopher Columbus is reevaluated as a...

Revisionism by Rafael Oritz
Christopher Columbus The Hero: Defending
Columbus From Modern Day Revisi...

Christopher Columbus The Hero: Defending Columbus From
Modern Day Revisionism
From: alvaro reis
To: Equity Task Force
Subject: Re Columbas dDAY
Date: Saturday, October 30, 2021 11:59:01 AM
People have moved from place to place from the beginning of time. Perhaps Columbas discovery of America (or perhaps it was the Vikings) was the beginning of bad times for our American Indians, but even they may have originally come from Asia via the Alaska. Movement, and exploration is what has created the modern world with all its warts and rough edges, I suppose that nest we will be providing comments on, (should the City of Santa CLARA remove the statue of St. Clare)??
A. Reis
From: KEVIN MCGUIRE
To: Equity Task Force
Subject: Renaming Columbus day is disrespectful to Italians Date: Saturday, October 23, 2021 8:25:46 AM
Christopher Columbus is important . He was from Genoa and our Italian-American folks in Santa Clara are proud of him. Do not let the historical revisionists rewrite his history. He was an important early finder of the new world. I don't buy the arguments for taking away his status. If you insist it should be by vote of the people. I am sick of the disrespect for the early settlers of our land taking their name off of schools and the like as was done for the Franciscan Padre Crespi in the East bay recently. These early pioneers operated a few hundred years ago and it was not with all the social knowledge that we have today. THE STANDARDS WERE DIFFERENT BACK THEN!. They did the best they knew how and accomplished much. I suggest you do not offend our Italian folks in Santa Clara by killing this important holiday.

From: Baker, Mike
To: Equity Task Force
Subject: Survey of Columbus Day in Santa Clara
Date: Monday, October 25, 2021 11:51:33 AM
To whom it may concern:

My various Apple platforms will not permit me to access your Survey because of security risks.

I am adamantly
opposed to the elimination, or renaming, of the Columbus Day Holiday.

Best regards,
Mike Baker
Orthopaedic Innovations, Inc.

Sent from MacBookAir
408-460-4234
https-::ashishkhera.wistia.com:medias:kcsgg3buoj
3-in-1 SHAVER - RELIGN Corporation
From: Webmanager
To: Genevieve Yip; Robyn Sahid
Subject: FW: Public Survey on the Renaming of Columbus Day Holiday Date: Sunday, October 24, 2021 9:40:17 AM
From: Nicholeen N-S <[email protected]>
Sent: Saturday, October 23, 2021 3:14 PM
To: [email protected]
Subject:

Re: Public Survey on the Renaming of Columbus Day Holiday Personally, I think it's way past time to celebrate our First Peoples' kindness to strangers from afar, instead of their mistreatment by them.

Canada calls what the US is now naming Indigenous people what they Really are: First People...

On Fri, Oct 22, 2021 at 3:47 PM, City of Santa Clara
<[email protected]
> wrote:

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The City of Santa Clara - Stay Connected
Public Survey on the Renaming of Columbus Day
Holiday in Santa Clara.

The Task Force on Diversity, Equity, and Inclusion has released a survey to gather input from the community on the observance of Columbus Day in the City of Santa Clara.

The survey is available in English, Spanish, Vietnamese, Chinese, Japanese, Korean, Portuguese, Hindi, and Tagalog.

To Access the Survey
Please visit SantaClaraCA.gov/EquityTaskForce.

To Email Your Comments
Comments can be submitted directly to [email protected] .
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RESOLUTION NO. 18-8498

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO ADOPT THE PERSONNEL AND SALARY RESOLUTION,

WHICH ESTABLISHES POLICIES AND PROCEDURES WITH

REFERENCE TO THE CLASSIFCATION AND COMPENSATION

OF POSITIONS, THE STANDARDIZATION OF ATTENDANCE AND

LEAVE REGULATIONS, AND RELATED MATTERS WITHIN THE

SANTA CLARA CITY SERVICE
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, in April 1977, the City of Santa Clara, California ("City") adopted Resolution No. 3830, entitled "Personnel and Salary Resolution";
WHEREAS, on May 10, 1983, the City adopted Resolution No. 4652, amending the Personnel and Salary Resolution;
WHEREAS, on October 11, 1983, the City adopted Resolution No. 4707, amending the Section 29 of the Personnel and Salary Resolution regarding Insurance Benefits; WHEREAS, on January 7, 1986, the City adopted Resolution No. 5033, amending Section 20 of the Personnel and Salary Resolution regarding Holidays; WHEREAS, on March 22, 1994, the City adopted Resolution No. 5883, amending Section 31 of the Personnel and Salary Resolution to allow the City Manager to grant medical and personal leaves;
WHEREAS, on July 14, 2009, the City adopted Resolution No. 09-7650, to reflect current policies and procedures regarding the classification and compensation of positions, the standardization of attendance and leave regulations, and other matters; and WHEREAS, the City has amended the Personnel and Salary Resolution to make certain revisions including, but not limited to, eliminating the control point salary structure, establishing a salary range for Unclassified Employees, and authorizing the City Manager to hire Classified and Unclassified employees above the entry level salary.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

Resolution/Personnel & Salary Resolution
Rev: 3/2/18

Page 1 ends

1. That the City hereby adopts the City of Santa Clara Personnel and Salary Resolution in its entirety as set forth in the attached Exhibit A.

2. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 6th DAY OF MARCH, 2018, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED : COUNCILORS:

Attachments incorporated by reference :

1. Exhibit A - Personnel and Salary Resolution
Caserta, Davis, Kolstad, O'Neill, and
Watanabe and Mayor Gillmor
None
Mahan
None
ATTEST: - ---=--~....,_,,_;;;.,=,"--~~----=-.....:...,;:~ RA
!:\HUMAN RESOURCES\2018\Salary Reso Revision\18.0278 - Resolution.doc Resolution/Personnel & Salary Resolution
Rev: 3/2/18

Page 2 of 2 ends

Revised EXHIBIT A

CITY OF SANT A CLARA

PERSONNEL AND SALARY

RESOLUTION
INDEX
Page
Section 1. Short Title ........................................................................................... 1 Section 2. Scope of Application .......................................................................... 1 Section 3. Definition of Terms ............................................................................. 1 Section 4. The Classification Plan ...................................................................... 4 Section 5. Amendment and Maintenance of Classification Plan ......................... 6 Section 6. Class Specifications ........................................................................... 7 Section 7. Interpretation of Classification Specifications ..................................... 7 Section 8. Qualifications of Employees ............................................................... 8 Section 9. Compensation Plan ............................................................................ 8 Section 10. Application of Compensation Plan for Classified Positions .............. 9 Section 11. Calculation of Anniversary Dates .................................................... 11 Section 12. Hiring Above Step 1 ........................................................................ 13 Section 13. Applicable Pay Rates Following a Change of Status ...................... 13 Section 14. Applicable Pay Rates Following Salary
Range Increases and Decreases ........................................................................ 15 Section 15. Salary on Reclassification of Positions ........................................... 15 Section 16. Initial Adjustments to Compensation Plan ....................................... 16 Section 17. Hours of Work ................................................................................. 16 Section 18. Overtime ......................................................................................... 16 Section 19. Holidays .......................................................................................... 17 Section 20. Vacations ........................................................................................ 18 Section 21. Vacation/Sick Leave Conversion .................................................... 19 Section 22. Sick Leave ...................................................................................... 20 Section 23. Bereavement Leave ........................................................................ 24 Section 24. Military Leave .................................................................................. 25 Section 25. Jury Duty ......................................................................................... 26 Section 26. Court Appearance as a Witness ..................................................... 26 Section 27. Uniform Allowance .......................................................................... 26 Section 28. Insurance Benefits ..................................................................... ; .... 27 Section 29. Retirement Benefits ........................................................................ 28 Revised EXHIBIT A
Section 30. Leave of Absence Without Pay ....................................................... 28 Section 31. Right of Employee to Retain Position ..... ; ........................................ 29 Section 32. Temporary Changes in Work Schedules ......................................... 29 Section 1. Short Title
This Resolution shall be known as the "Personnel and Salary Resolution" and is a reenactment of Resolutions 636, 3144, 3830, and 4652.

Section 2. Scope of Application
The provisions of this Resolution shall apply to all City employees. However, where the context of any section or part thereof shows that it is applicable to the Classified Service alone, then such section or part thereof shall not apply to the Unclassified Service and vice-versa. Should this Resolution conflict with any of the provisions of a current Memorandum of Understanding between the City and any of the recognized bargaining units, the provisions of the Memorandum of Understanding shall apply.

Section 3. Definition of Terms
The words and terms defined in this section shall have the following meanings in this Resolution and in any other Resolution classifying and fixing the salaries and compensation or authorizing the employment of personnel in any department or office in the City of Santa Clara.
(a) "Allocation" - the assignment of a single position to its proper classification in accordance with the nature and scope of duties performed and the authority and responsibilities exercised.
(b) "Anniversary Date" - the first day worked on a regular basis with the City of Santa Clara (e.g., hire date).
(c) "Appointing Authority" - the City Manager shall appoint and remove, subject to the Civil Service Provisions of the Charter, all officers and employees of the City, except as otherwise provided by the Charter or this Resolution, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office. (d) "Classification (Class)" - a group of positions having duties, responsibilities, and authority sufficiently similar to permit a) grouping under a common title and b) the equitable application of common standards of selection, transfer, promotion, and compensation. - 1 -
(e) "Classified Service" - all positions in the City service with the exception of those specifically exempt from the Civil Service Rules and Regulations, per Article XI, Section 1101 of the City Charter.
(f) "Compensation" - the salary, wage, allowances and all other forms of valuable consideration, earned by or paid to any employee by reason of service in any position, but does not include any allowances authorized and incurred as incident to employment.
(g) "Consumer Price Index" - as defined by the United States Department of Labor, Bureau of Labor Statistics, and applied to the San Francisco Oakland-San Jose Bay Area for urban wage earners and clerical workers. (h) "Continuous Service" - employment with the City without break or interruption. The provisions of Section 11 (f) of this Resolution shall apply in computing continuous service for the purpose of this Resolution. (i) "Demotion" - a change in status of an employee from a position in one classification to a position of a lower classification with a lower maximum pay.

U) "Department Head" and "Division Head" - the manager of a Department or Division respectively, including Elective Officers as defined in the Administrative Code (Chapter 2 of "The Code of the City of Santa Clara, California").
(k) "Employee", "Regular Employee" or "Incumbent" - a person legally occupying a position in the City service.
(1) "Full-Time Employees" - those employees whose position requires the total number of hours prescribed for normal employment in the classification or position. All positions shall be full-time unless q_therwise designated or unless the compensation is fixed upon the basis of part-time work.
(2) "Part-Time Employees" - those employees in positions which are designated part-time or for which compensation is fixed on the basis of part-time work.
- 2 -
(I) "Leave of Absence" - permission to be absent from duty without pay for a specified period and for a specified purpose, with the right to return before or at the expiration of the period.
(m) "Position" - a job in a particular classification with a regularly assigned combination of specific duties and responsibilities.
(n) "Promotion" - advancement from a position in one classification to a position in a higher classification with a higher maximum pay. (o) "Reclassification" or "Reallocation" - a reassignment or change in the allocation of an individual position to a more appropriate classification, whether new or existing, on the basis of material changes in the duties and responsibilities of the position.
(p) "Salary" - base salary as indicated in the current Salary Range/Schedule for Unclassified Employees and Pay Rate Schedule for Classified Employees, excluding any other pay incidental to employment. (q) "Step Increase Date" -the date an employee is eligible to move to the next salary step in the salary range. This date may be the same as the employee's Anniversary Date or it may be adjusted based on a leave of absence, a promotion or a transfer.
(r) "Sworn Personnel":
(1) "Sworn Uniformed Fire Personnel" -personnel of the Fire Department with powers and responsibilities to be directly engaged in fire prevention or suppression work, but excluding volunteer members of the Fire Department.
(2) "Sworn Uniformed Police Personnel" -personnel of the Police Department having full police powers and responsibilities to enforce all laws including the California Penal Code, but excluding Police Reserves.
(s) "Title" or "Classification Title" - the designation given to or name applied to a classification, each position allocated to a classification, and the legally appointed incumbent of a position allocated to a classification. The - 3 -
meaning of a title is set forth in its corresponding classification specification.
(t) "Total Compensation" - all of the salary and fringe benefits related to the cost to the City to employ an individual and may include salary, retirement and Social Security, holidays, sick leave, vacation, insurance premiums, uniform allowance, or any other special fringe benefit unique to a particular bargaining group. Allocation of total compensation monies by the bargaining group shall be limited to only those areas already defined in the Memorandum of Understanding, such as, but not limited to, salary, insurance premiums, and uniform allowance.
(u) "Transfer" - a change in the assignment of an employee from one position to another in the same classification or a comparable classification. (v) "Unclassified Service" - all positions in the City service specifically exempt from the Civil Service Rules and Regulations per Article XI, Section 1101 of the City Charter.
(w) "Unit" - that group of employees found to be an "appropriate unit," as determined pursuant to Employer-Employee Relations Resolution No. 2979, representing those employees who elect such representation. (x) "Working Title" - a title other than the official classification title that is used informally in the course of work activities to distinguish amongst positions within the same classification.

Section 4. The Classification Plan
(a) The City Council, upon recommendation of the City Manager, shall create and adjust classifications of positions in the City Service. This Classification Plan shall consist of classifications defined by class specifications, including a descriptive title, a description of typical duties and responsibilities, and a statement of minimum qualifications for all positions within each classification.
(b) The City Council, upon recommendation of the City Manager, may create new classifications or divide, combine, or abolish existing classifications and may reassign a classification from one salary range to another. - 4 -
(c) At the direction of the City Manager, all positions in the City Service created or established by the City Council shall be allocated by the Director of Human Resources to their proper classifications in the Classification Plan. Allocations shall be determined in accordance with the duties, responsibilities, and authority of each position and shall be based on the principle that all positions shall be included in the same classification if:
(1) Sufficiently similar with respect to duties, responsibilities, and authority to permit grouping under a common title;
(2) Comparable minimum education, experience, knowledge, skill, and ability requirements are demanded of incumbents;
(3) Common standards of selection, transfer, and promotion may be equitably applied; and
(4) The same salary range may be applied with equity.
(d) The classification title of a position shall be used in all official personnel and budget records and transactions of the City of Santa Clara. No provisions of this Resolution, however, shall be deemed to prevent the use of a working title that differs from the official classification title of any position provided that the working title is designated by the head of the department in which the position exists.
( e) Whenever in the judgment of the City Manager it is necessary for the expeditious transaction of the business of the City for a department to employ a person on a temporary basis in a type of position for which there is no classification provided in the Classification Plan, then the City Manager may authorize such employment. In such case the City Manager shall fix the amount of compensation, and may determine the minimum qualifications for such additional employees, and shall limit in advance the period of time the position may be allowed.

Section 5. Amendment and Maintenance of Classification Plan Whenever one or more new positions are under consideration for possible establishment, or whenever, because of any revision in organization or methods, a - 5 -
significant change of the duties or responsibilities of any existing position is to be made which may require the reallocation of such position, or whenever a new classification is created to which any position may more appropriately be allocated, or whenever, because of the abolishment or combination of any existing positions or classifications, an amendment to the Classification Plan is required, one or a combination of the procedures stipulated in (a) and (b) shall be observed. (a) The Department Head shall report the significant facts relating to such possible changes in writing to the City Manager in the manner prescribed. (b) The City Manager, upon written request of any employee or upon his/her own initiative, may initiate an inquiry of the classification of any position.

Upon either of the above initiations, the City Manager may direct the Director of Human Resources to study the assigned duties and responsibilities of any such position and the qualifications required for filling the same, and of the relationships of such positions to other classifications of positions in the Classification Plan.

On the basis of such study, the Director of Human Resources shall then recommend to the City Manager that no change be made in the allocation of the position, or that the position be allocated to a more appropriate classification in the existing Classification Plan or that a new classification be established to which the position would be allocated, whichever is the appropriate action.

The City Manager will recommend to the City Council any changes in the allocation of individual positions, or any changes in existing classifications and classification specifications, which the City Manager deems appropriate. The City Council may then take action to modify the Classification Plan in accordance with the provisions of Section 1103 of the City Charter.

Section 6. Classification Specifications
(a) The Director of Human Resources shall maintain a written specification for each classification, which, when approved and adopted by the City Council, shall constitute the official specifications of classifications in the - 6 -
City service. Such classification specifications shall be based on an analysis of the duties and responsibilities of positions in the City service.

Each classification specification shall set forth the title of the classification, a description of the responsibilities and typical duties, and a statement of minimum qualifications for performance of the work.
(b) The official copy of each classification specification shall indicate the date of adoption or latest revision or amendment and will be kept on file in the Human Resources Department. The official copy of each classification specification shall be open to inspection by employees and the general public. The official copy of any specification is available electronically or may be obtained in hard copy from the Human Resources Department for a specified charge.
(c) Said classification specifications, when adopted, are hereby incorporated herein and made a part of this Resolution by reference. Any modification or amendment thereto may be adopted by a majority vote of the City Council.
(d) Classification specifications for positions in the Classified Service must first be approved and adopted by the City of Santa Clara Civil Service Commission before they may be approved and adopted by the City Council.

Section 7. Interpretation of Classification Specifications (a) Classification specifications are illustrative documents intended to summarize the key characteristics of each classification. Typical duties and responsibilities listed are provided as examples of work that may be performed by incumbents of positions assigned to the classification and are not limiting or restrictive. Each classification should be viewed as a whole and in relation to other classifications in the Classification Plan; consideration should be given to typical duties; responsibilities; authority; required knowledge, skills, and abilities; as well as the minimum qualifications for employment.
- 7 -
(b) Qualifications commonly required of all incumbents of and applicants for all positions in the City Service shall be deemed to be requirements whether or not they are not specifically mentioned in individual classification specifications; these include, but are not limited to, United States (U.S.) Citizenship or proof of permission to reside and work in the United States if not a U.S. citizen, the ability to perform the essential functions of the job in accordance with the Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA), honesty, sobriety, and industry. Specific minimum qualifications for each classification in the Classified Service are established under the Civil Service Rules and Regulations and approved by City Council; minimum qualifications for classifications in the Unclassified service are approved by City Council.

Section 8. Qualifications of Employees
Incumbents of all classifications in the City service must possess the minimum qualifications prescribed for their classification, including education and/or experience.

Applicants to positions in the Classified Service shall be subject to the recruitment and examination procedures described in the Civil Service Rules and Regulations.

Section 9. Compensation Plan
(a) Classified Employees: The following subsection shall apply to regular Classified employees.
(1) The current Salary Schedules are on file in the Human Resources Department, and are incorporated by reference.
(2) The Salary Schedules constitute the Compensation Plan applicable to all classifications. Step and Range increases are built into the current Salary Schedules as follows: Approximately 5% increase between each Step 1 through 5, approximately 2 1/2% from Step 5 to 6 and from Step 6 to 7, and approximately 2 1/2% difference between each Salary Range. Steps 6 and 7 of said schedules are applicable only as "longevity pay" as set forth in Section 10. All salaries prescribed are monthly rates. For those positions where it - 8 -
(b)
is more appropriate to pay on an hourly basis, the hourly rate of pay equivalent to the proper monthly salary step shall be paid as indicated in the various Salary Schedules.
(3) The compensation of Classified employees of the City shall be as set forth in the current Salary Schedules.
(4) The Salary Schedules referred to in this Resolution may from time to time be revised and amended by the City Council.

Unclassified Employees: This section applies to all Unclassified positions.

The Salary Range for Unclassified positions shall be established by the City Council upon recommendation of the City Manager. A Salary Range/Schedule shall be maintained in the Human Resources Department.

Section 10. Application of Compensation Plan for Classified Positions The Salary Schedules for classified positions, with such amendments as may be adopted by the City Council from time to time, shall have the force and effect and shall be interpreted and applied as follows, except as set forth in Section 12:
(a) The salaries or rates of compensation prescribed are fixed on the basis of full-time positions, unless otherwise designated.
(b) The rates of pay prescribed shall be deemed to include pay in every form, except for necessary expenses authorized and incurred incident to employment, or except as herein provided.
(c) Employees shall be considered eligible for increase in salary according to the following general plan upon approval of the Department Head. (1) The numbers 1, 2, 3, 4, and 5, respectively, denote the various steps in the salary range.
(2) Step "1" shall be paid upon initial employment for a period of at least twelve (12) months.
(3) Employees shall become eligible for increase to Step "2" upon satisfactory completion of twelve (12) months of service in Step "1." (4) Employees shall become eligible for increase to Step "3" upon satisfactory completion of twelve (12) months of service in Step "2." - 9 -
(5) Employees shall become eligible for increase to Step "4" upon satisfactory completion of twelve (12) months of service in Step "3." (6) Employees shall become eligible for increase to Step "5" upon satisfactory completion of twelve (12) months of service in Step "4." (7) Employees may become eligible for an accelerated increase in salary within Steps "1" and "5" for outstanding performance upon recommendation of the Department Head and with the approval of the City Manager. In all such cases the Department Head shall submit written justification to the City Manager.
(8) Notwithstanding any other provision contained herein, any classified employee who has been employed for the City of Santa Clara for a total of ten (10) years, and has been employed at Step "5" of the salary range for his/her present classification for at least one (1) year, upon approval of the Department Head, shall receive a pay adjustment to Step "6" based on the current Salary Schedule.

Any classified employee who has been employed for the City of Santa Clara for a total of fifteen (15) years, and has been employed at Step "6" of the salary range for his/her present classification for at least one (1) year, upon approval of the Department Head, shall receive a pay adjustment to Step "7" based on the above mentioned Salary Schedule.
(d) If the Department Head does not approve the scheduled increase, the employee shall be notified ten (10) days prior to his/her Anniversary Date or Step Increase Date. In the event a step increase is denied on an employee's Anniversary Date, but a step increase is granted at a subsequent date prior to the next regularly scheduled Step Increase Date, no change shall be made in the employee's Anniversary Date. (e) If an employee is denied a step increase, he/she may make a written appeal to the City Manager through his/her Department Head within fifteen (15) days of the postmark of his/her letter of notice of denial. The City Manager shall grant the employee an interview within 45 days. - 10 -
(f) The pay of any employee may be reduced to a lower step within the established pay range upon recommendation of the Department Head and with the approval of the City Manager, in cases where the quality and manner of work performance do not justify the pay being received.

However, employees in the Classified Service having a permanent appointment shall be subject to the procedures set forth in the applicable Civil Service Rules and Regulations.

Section 11. Calculation of Anniversary Dates
(a) Anniversary Date of Employment
For purposes of compensation, the Anniversary Date for Classified and Unclassified employees will be the first day worked on a regular basis with the City of Santa Clara. All salary changes shall be effective as of the commencement of a bi-weekly payroll period. Employees who have an Anniversary Date that falls within the first week of the pay period and have been approved for a step increase will be adjusted on the first day of the pay period during which the Anniversary Date falls. Employees who have an Anniversary Date that falls within the second week of the pay period and have been approved for a step increase will be adjusted on the first day of the pay period immediately following the Anniversary Date. It is the intent of this provision that in no event shall a regular employee be paid under more than one rate of compensation during any payroll period. (b) Annual Step Increases
If a classified employee remains in the same classification in which he/she received original appointment, he/she may receive the annual salary step increase on his/her Anniversary Date, subject to provisions of Sections 9 and 10 above.
(c) Transfer Within Same Classification or Within Another Classification With Same Salary Range
Should a classified employee be transferred to another classification having the same salary schedule and salary range as the classification in - 11 -
(d)
(e)
which he/she has acquired permanent Civil Service status, the same provisions as above shall apply.

Promotional Appointment
Should a classified employee be appointed to another classification to which a higher salary range applies, the Step Increase Date will coincide with the employee's Anniversary Date, subject to the provisions of Sections 9 and 10.

Leaves of Absence
For compensation purposes, a personal leave of absence or any period of time an employee is off without pay ( other than for reasons of illness covered by medical leave granted under Section 30 herein, industrial injury or illness or military service), which exceeds thirty-one (31) consecutive calendar days will constitute an interruption in continuous employment. In such instances the length of the leave of absence shall delay the Step Increase Date accordingly. A leave of absence or any period of time an employee is off without pay which does not exceed thirty-one (31) consecutive calendar days shall be considered as continuous employment toward the accumulation of time for the next appropriate step increase.
(f) During any leave provided for by the Family Care and Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA), the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any Memorandum of Understanding, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced for any employment related purpose.

Section 12. Hiring Above the Entry Level Salary
The entry level salary is defined as Step 1 for Classified Employees and the bottom of the salary range for Unclassified Employees. When a candidate recommended for hire to a classified position in City service is found to possess extraordinary qualifications through former training and/or experience, or when the City - 12 -
is unable to recruit qualified candidates at the first step of the appropriate salary range, the City Manager, on recommendation of the Department Head, may approve the hiring of a candidate above Step 1, up to and including Step 5 .. For unclassified employees, the City Manager has authority to hire and grant merit increases at any point within the salary range for the job classification.

Section 13. Applicable Pay Rates Following a Change of Status (a) Pay Rates Following Promotion:
(1) A classified employee promoted to a classification with a higher salary range shall be compensated at Step 1 of the classification to which he/she has been promoted, provided that Step 1 is at least approximately five (5) percent above the salary before promotion.

If Step 1 is not at least approximately five (5) percent above the salary before promotion, the promotional salary shall be adjusted to at least approximately five (5) percent above the former salary unless prohibited by ineligibility to go to Step 6 or Step 7 (longevity steps). If the promotion places the employee on a different Salary Schedule, he/she will then be placed in the salary step that is closest to the salary the employee would have received had the employee received a five (5) percent increase in his/her former Salary Schedule and salary range. The Step Increase Date will coincide with the employee's Anniversary Date.
(2) In the event that a classified employee is promoted on his/her Anniversary Date, he/she shall first receive any within-range increase to which he/she is entitled in the lower classification, and then the promotional salary adjustment provided in paragraph (1) above. The Step Increase Date will coincide with the employee's Anniversary Date.
(3) If the promotion places the employee in Step 5 of their Salary Schedule and salary range, the Step Increase Date will coincide with the date of the promotion. Once the employee attains a salary at Step 6 or Step 7 (top longevity salary steps), the Step Increase - 13 -
Date will be changed to coincide with the employee's Anniversary Date. See Section 10 (c)(8) above.
(b) Pay Rates Following Demotion:
(c)
(1) If a classified employee is demoted to a classification with a lower salary range,.the employee shall be assigned to a salary step in the lower range, as follows:
(2)
If a disciplinary demotion: The employee will be assigned to a salary step in the lower classification's salary range that earns less money than the employee was earning before the demotion. No change shall be made in the Anniversary Date or the Step Increase Date.

If a non-disciplinary demotion: The employee will be assigned to the salary step in the lower classification's salary range that the employee would have reached if the employee had never promoted to the higher classification. No change shall be made in the Anniversary Date or the Step Increase Date.

Unclassified Employees: In the event of a demotion of an Unclassified Employee, the adjusted salary shall be as approved by the City Manager.

Pay Rates Following Transfer:

When a classified employee transfers from one position to another in the same classification or to another classification to which the same Salary Schedule and salary range is applicable, the employee shall remain at the same salary step and shall retain his/her Anniversary Date and Step Increase Date.

Section 14. Applicable Pay Rates Following Salary Range Increases and Decreases (a) If a salary range for a given classification increases, the incumbents of the classifications affected shall have their existing pay adjusted to the same step in the new salary range (Step 2 to Step 2, Step 3 to Step 3, etc.). (b) Except in the case of an overall Salary Schedule adjustment, if a salary range is decreased, incumbents shall retain their same dollar amount of - 14 -
pay within the lower salary range. If the employee's present rate exceeds the maximum step of the lower salary range, the employee shall continue to receive the same dollar amount, which shall be designated a "Y" rate and indicated by a capital "Y" following the salary each time it appears on personnel records or transactions. Said "Y" rate shall be cancelled when the Salary Schedule and salary range reach the employee's original pay rate or upon vacancy of the position.
(c) If a salary range change becomes effective on an employee's Anniversary Date, he/she shall first receive any within-range adjustment to which he/she is entitled and then receive his/her corresponding step adjustment. ( d) If a salary range change becomes effective on the date an employee is promoted to a higher classification, he/she shall first receive any corresponding step adjustment to which he/she is entitled in the lower classification, and then the next higher step promotional adjustment as provided in Section 13(a) above.

Section 15. Salary on Reclassification of Positions
(a) If a position is reclassified to a classification having the same maximum salary, the salary and the Anniversary Date of the incumbent shall not change.
(b) If a position is reclassified to a classification which has a higher salary range, the salary shall be adjusted in accordance with Section 14(a) above.
(c) If a position is reclassified to a classification with a lower salary range, the incumbent's salary shall not change, as provided in Section 14(b) above.

Section 16. Initial Adjustments to Compensation Plan
Subject to the provisions of this Resolution, the salary ranges referenced by this Resolution shall be applicable to all positions allocated to classifications listed in the Classification Plan, a copy of which is on file in the Human Resources Department.

Each employee shall be paid the salary or compensation in accordance with the salary range prescribed for the classification to which his/her position is allocated.

Section 17. Hours of Work
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All City employment is based on a forty hour work week with the following exception:

Shift personnel in the Fire Department work twenty-eight (28), twenty-four (24) hour scheduled duty shifts in a six (6) pay-period cycle.

Section 18. Overtime

THIS SECTION IS SUBJECT TO APPLICABLE FEDERAL AND/OR STATE LEGISLATION AND/OR CITY RESOLUTION.
(a) It is the policy of the City of Santa Clara to avoid overtime work whenever possible. The City recognizes however, the obligation to provide services to the community and, on occasion, may require employees to extend work shifts or to be called back to work due to emergencies, personnel shortages, or required workloads.

Employees contacted for overtime work have an obligation to affirmatively respond to this need unless incapacitated or due to extenuating circumstances beyond the control of the employee and reasonably acceptable to the City. Failure on the employees part to affirmatively respond to such requests and/or to acceptably document such extenuating circumstances or incapacitation will be in violation of the City's rules and regulations and may be subject to formal disciplinary action.
(b) The Department Head or designee shall authorize overtime. (c) Compensatory time off shall be taken as determined by the Department Head and shall be at the employee's convenience where practical. If the employee does not take the time off, the employee shall be paid at the employee's regular rate of pay.
(d) All classified employees will be paid overtime or be eligible for compensatory time off in accordance with existing policy.

The employee may not accrue more compensatory leave hours than permitted by the current MOU or Department policy.
(e) Unclassified employees are not entitled to overtime compensation. The monthly salary shall be considered full compensation for all hours worked. - 16 -
Section 19. Holidays
(a) With the exceptions stated below, employment holidays are:

New Year's Day
Martin Luther King Jr. Day
President's Day
Spring Holiday
Memorial Day
Independence Day
Labor Day
Admission Day
Columbus Day
Veterans' Day
Thanksgiving Day
Friday following Thanksgiving Day
Christmas Day
and every day appointed by the City Council as a holiday. On days appointed by the City Council as "special" or "limited" holidays, City offices shall remain open and shall function in their normal and usual manner. (b) A special or limited holiday is a holiday applying only to one or more job classifications, and not generally observed Statewide by all employers.

Holidays listed in Section 19(a) are not special or limited holidays. (c) If a holiday falls on Sunday, the holiday will be observed on Monday. If a holiday falls on Saturday, the holiday will be observed on the preceding Friday. Except for sworn Police and Fire Department personnel working shifts, regular employees will receive eight (8) hours of compensatory time off if the "observed" holiday falls on their scheduled day off. (d) For employees of the Recreation Division of the Parks and Recreation Department: If an employee works 40 hours in a workweek that includes a holiday, the employee will be paid double time and a half for the hours worked on the holiday. If the employee works 32 hours or less in a week that includes a holiday, the employee will be paid double time for the hours worked on the holiday.

Section 20. Vacations
(a) Regular employees shall accrue vacation leave on a bi-weekly basis, provided that the employee is in a paid status for at least two-thirds (2/3) - 17 -
of the hours of the pay period (53.4 hours or 74.67 hours for 24-hour employees), at the rate set forth by the current Memorandum of Understanding.
(b) Maximum vacation accrual will be set forth in the current Memoranda of Understanding.
(c) Vacation time off shall be subject to approval of the Department Head.

Vacation eligibility will be as set forth in the current Memorandum of Understanding subject to any limitations contained therein. (d) Vacation time off for Department Heads shall be subject to the approval of the City Manager.
(e) In accordance with the current Memorandum of Understanding, regular employees who separate from City service with accrued vacation time shall be paid for unused vacation on the effective date of separation.

Employees may use vacation time on his/her last day(s) of City service to continue in a paid status without being present. ·
(f) In case of the death of an employee, payment for accrual vacation shall be made to the estate of the employee, or in accordance with State law.

Section 21. Vacation/Sick Leave Conversion
(a)
(b)
(c)
For all employees except 24-hour Employees
Employees in this category have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be 8 hours sick leave for 4 hours of vacation.

For all 24-hour Employees
All provisions are the same as in the preceding section except the conversion ratio will be three-to-one; the maximum allowable exchange will be 216 hours of sick leave for 72 hours of vacation leave; minimum exchange will be 12 hours of sick leave for 4 hours of vacation leave.

General Rules for Vacation/Sick Leave Conversion
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The vacation/sick leave conversion program set forth in this resolution is intended to provide a means for the individual employee to convert sick leave to vacation leave on the ratio set forth in this section. Such conversion, either to convert sick leave to vacation leave or vice versa shall be subject to the following conditions:
(1) All requests to convert sick leave to vacation leave shall be submitted in writing to the Department Head in advance of intended vacation utilization.
(2) The granting of such conversion and subsequent use will be at the discretion of the Department Head.
(3) If the employee has not been permitted the use of the converted vacation leave within twelve (12) months, and has submitted at least one written request for utilization, the employee will have the option to re-convert the vacation leave to sick leave in reverse ratio* to the original conversion. This conversion will be allowed only for previously converted sick leave to vacation and will not be permitted for regularly accrued vacation leave.
(4) If an employee, after converting sick leave to vacation leave, exhausts all of his/her remaining sick leave, he/she may make a written request to the Department Head to re-convert vacation leave to sick leave on a reverse ratio* basis. A written physician's statement attesting to the illness/injury is required and requests are subject to Department Head approval.
(5) Sick leave converted to vacation is not available for use during the same pay period as the conversion.
(6) This section only applies to employees whose Memorandum of Understanding allows for the temporary overaccrual of vacation. If an employee has converted sick leave to vacation and will exceed his/her vacation maximum accrual at the end of the calendar year, he/she will have the option to re-convert vacation leave back to sick leave on a reverse ratio* basis. Such re-conversion shall be limited - 19 -
to previously converted sick leave to vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation leave, including vacation leave accrued in excess of the maximum allowable, will not be eligible for this re-conversion to sick leave.
*NOTE: As used in this section, "reverse ratio" is intended to mean that the ratio of sick leave to vacation leave will revert to the original ratio at the time of the initial conversion.

Section 22. Sick Leave
(a) Sick leave shall be accrued at the rate 96 hours per calendar year (3.7 hours per bi-weekly pay period). For purposes of determining eligibility for sick leave accrual, employees must be on a paid status for at least 36 hours, excluding overtime, sick leave, family sick, family death, or personal leave, during the bi-weekly pay period. (Paid vacation, compensatory time off (CTO), holidays, and emergency paid leave, in addition to actual time worked, count toward the minimum hours required for accrual.)
(b) Fire Department employees on a twenty-four (24) hour shift shall accrue 288 hours sick leave per calendar year (11.07 hours per bi-weekly pay period). For purposes of determining eligibility for sick leave accrual, Fire Department employees working on a shift basis must be in a paid status at least 50 hours during the bi-weekly pay period, excluding overtime, sick leave, family sick leave, family death leave, or personal leave. (Paid vacation, compensatory time off (CTO), holidays, and emergency paid leave, in addition to actual time worked, count toward minimum hours required for accrual.) However, Fire Department personnel not employed on a 24-hour shift basis shall accrue sick leave as set forth in the Section 22(a).
(c) Sick leave accrued in a pay period may not be used during the same pay period.
(d) Accrued sick leave may be used for leave consistent with leave under the Family Medical Leave Act (FMLA), the California Family Rights Act - 20 -
(CFRA), Government Code Section 12945(b)(1) or death of a member of the employee's immediate family (immediate family as defined by FMLA or CFRA).
(e) In the event of a death of a member of an employee's immediate family, the employee may use accrued sick leave as family death leave with approval of the City Manager (see Section 23: Bereavement Leave). (f) Not more than 48 hours of the employee's accrued sick leave (or six (6) shifts for 24-hour Fire employees) may be used as family sick leave within a calendar year for the care or attendance of members of his/her immediate family. "Immediate family" is defined as: spouse, parent, step parent, child, step-child, sibling, grandparent, grandchild, aunt or uncle, niece or nephew, first cousin, parent by marriage, son or daughter-in-law, sibling by marriage, foster parent, domestic partner, anyone residing with employee, and anyone dependent on employee for care. The City Manager or designee may approve the use of additional sick leave. (g) Upon a doctor's certification that the employee is disabled because of pregnancy, or childbirth, or related medical condition, the employee may utilize accrued sick leave.
(h) Accrued sick leave may be used for industrial injury or illness, as follows:
(1) Accrued sick leave may be applied during industrial injury or illness leave.
(2) If a Public Safety employee assigned to Fire Units #1 and #98 and Police Units #2 and #9A has exhausted his/her year of pay pursuant to Section 4850 of the State of California Labor Code, Sick Leave may not be used to supplement temporary disability pay pursuant to Section 4853 of the State of California Labor Code.

This is not intended to deny any represented employee a cash payoff for any unused sick leave, upon disability retirement as provided for elsewhere in this document.
(i) The City Manager or the employee's Department Head may require the employee to provide a physician's certificate, or otherwise, confirming that - 21 -
the employee was sick during any period of sick leave. If an employee uses 40 hours or more of sick at one time, the employee shall provide to the Department Head a doctor's note certifying that the employee is physically able to perform the essential functions of the employee's position upon the employee's return to work.

U) A medical leave of absence for one calendar year without pay may be granted by the City Manager. If the employee is unable to return to work at the end of one year of leave of absence without pay, his/her service shall be terminated or retired.
(k) A medical leave of absence granted by the Family and Medical Leave Act of 1993 (FMLA) or the California Family Rights Act (CFRA) will run concurrently with any paid leave.
(I) Sick leave will have an unlimited accrual for use. However, payment of sick leave at retirement will be limited to a maximum of 1,500 hours (or 3,000 hours for 24-hour Fire employees). For employees who have accumulated more than 1,500 hours (or 3,000 hours for 24-hour Fire employees), the employee shall not be permitted to receive payment at retirement for more than the hours they had on the books as of January 1, 2004, plus 1,500 hours (or 3,000 hours for 24-hour Fire employees). (m) Employees leaving City service, except when on military leave, shall forfeit all sick leave benefits except as noted below. Sick leave may be used during a period of vacation prior to separation only with medical certification.
(n) Employees whose service with the City aggregates fifteen (15) years or more shall be entitled, upon retirement, to payment for sick leave then accumulated for continuous service upon the following basis:
(1) Sick leave hours earned at the rate of ninety-six (96) hours per year shall be converted to their dollar equivalent based on the regular rate of pay last held by the employee, and those with 25 years or more service shall be entitled to be paid 75% of said accumulated sick leave; - 22 -
(2) those with 20 years or more service shall be paid 50% of said accumulated sick leave; and
(3) those with 15 years or more service shall be paid 25% of said accumulated sick leave.
(o) Sick leave hours earned by Fire Department public safety employees on a twenty-four (24) hour shift basis, shall first be divided in half and the balance converted to their dollar equivalent based on the reduced twenty four (24) hour average hourly rate of pay last held by the employee, and then paid on the same schedule as that set forth above. (p) In the event of death of an employee, all accrued sick leave shall be paid to the employee's estate at full value.
(q) No City employee shall be entitled to paid sick leave under any of the following circumstances:
(1) Disability arising from any sickness or injury purposely self-inflicted or caused by the employee's willful misconduct, including, but not limited to, intoxication and misuse of narcotics or drugs. (Employees may use sick leave for alcohol or drug addiction rehabilitation consistent with the existing Civil Service Rules and Regulations.)
(2) Sickness or disability sustained while on an unpaid leave of absence.
(3) Disability or illness arising from compensated employment other than with the City of Santa Clara.
(r) Sick leave shall not be used in lieu of, or in addition to, vacation except as stated herein.
(s) Separation of an employee's continuous employment or service, except by reason of layoff for lack of work or funds, shall abrogate all sick leave accrued to the time of such separation, regardless of whether or not such person subsequently reenters the City service.
(t) "Observed" holidays occurring during sick leave shall not be counted as a day of sick leave.
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(u) Upon written determination from a qualified workers' compensation or City physician that the employee is declared permanently incapacitated for further duty due to injury or illness, the City will apply for a disability retirement immediately, in accordance with the retirement administrative procedures.

Section 23. Bereavement Leave
(a) The City will provide employees with a paid bereavement leave benefit to attend to the customary obligations arising from the death of a member of the employee's immediate family, as defined in this section. (1) Employees are eligible to receive up to forty (40) hours (or three (3) shifts for 24-hour Fire employees) of bereavement leave in the event of the death of a parent, child, or sibling of the employee, employee's spouse, or employee's domestic partner (including, in each case, step, adoptive and in-law), spouse or domestic partner. (2) Employees are eligible to receive up to three (3) work days, regardless of shift assigned, (or two (2) shifts for 24-hour Fire employees) of bereavement leave in the event of the death of a grandparent, grandchild, aunt or uncle of the employee, employee's spouse, or employee's domestic partner (including, in each case, step, adoptive and in-law).
(3) Employees are eligible to receive up to one (1) work day, regardless of shift assigned, (or one (1) shift for 24-hour Fire employees) of bereavement leave in the event of the death of a great-grandchild, great-grandparent, niece, nephew, or first cousin of the employee, employee's spouse, or employee's domestic partner (including, in each case, step, adoptive, and in-law). (b) The bereavement leave benefit is based on each death occurrence and is not charged through the total compensation model (Salary Adjustment Form).
- 24 -
(c) Up to forty (40) hours (or five (5) shifts for 24-hour Fire employees) of additional bereavement leave may be charged as family death leave to an employee's sick leave balance with City Manager approval. (d) At the request of the City, the employee will provide verification.

Section 24. Military Leave
Military leave with pay shall be granted in accordance with the applicable sections of the Military and Veterans Code of the State of California and federal law.

The employee will receive full City pay for Military Leave up to 30 calendar days on an annual basis. Any Military Leave exceeding 30 calendar days will require the employee to utilize other approved time off, excluding sick leave. If the employee does not have sufficient accrual balances to cover Military Leave exceeding 30 calendar days, he/she may request a Personal Leave of Absence without pay.

Section 25. Jury Duty
No deductions shall be made from the pay of a regular employee for the hours that jury duty intrudes upon the assigned work shift providing that he/she submits any jury fees collected to the City. Employees may keep mileage fees received as reimbursement for the use of a private vehicle. An employee accepted for jury duty shall immediately notify his/her Department Head.

Section 26. Court Appearance as a Witness
No deductions shall be made from the salary of an employee who has been subpoened as a witness as a result of having observed an event or occurrence while on City duty providing he/she submits the witness fee. The same procedures are to apply as in the above paragraph.

Section 27. Uniform Allowance
A standard uniform regulation shall apply to designated Police and Fire Department uniformed personnel. Eligibility and annual amounts to be paid by the City will be based upon criteria as set forth in current Memorandum of Understanding.

Payments for uniform allowance will be made bi-weekly.

Newly hired personnel will not receive uniform allowance during the initial twelve (12) continuous months of employment in the classification eligible for uniform allowance. Upon satisfactory completion of 12 months of employment, payment in the - 25 -
amount equal to full uniform allowance (where applicable) will be paid for the initial 12 months of employment inclusive of any partial amount which would have been incurred in a previous year (on a pro-rated basis).

The City shall also provide for the repair of, or replacement based on the remaining useful life of the uniform article damaged while actively engaged in the line of hazardous duty in the Police and Fire service. All safety equipment supplied by the City damaged while actively engaged in the line of hazardous duty shall be replaced at no cost to the employee.

Section 28. Insurance Benefits
Types of insurance:
.1. Health, Dental, Short and Long Term Disability, and Life Insurance: The City may arrange for and make available to City of Santa Clara employees the following group insurance benefits: Health, Dental, Short and Long Term Disability, Life Insurance, Voluntary Employees Beneficiary Association (VEBA), Employee Assistance Program and Flexible Spending Plan. The City has the obligation to change, alter, modify or the right to discontinue such plans when mandated by the provider. Current contracts for these insurance benefits shall be on file in the City Clerk's Office.

2. Health Allocation: Employee Bargaining Groups shall, on a once a year basis, commencing with the beginning of the calendar year, designate a fixed maximum monthly sum to be paid by the City for all represented employees toward applicable insurance premiums.

To be eligible for the health allocation, a represented full-time employee must be on a paid status for at least 80 hours (112 hours for 24- hour employees) in the month prior to the month of coverage. Part-time employees will have access to full health and dental benefits, but the total health allocation will be pro-rated to hours worked.

If the premiums for the individual employee exceed the amount allocated, the balance is paid by a salary deduction from the paycheck of the individual employee or under special circumstances, paid directly by the employee.
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If the premiums are less than the monthly amount allocated, the difference will be refunded twelve (12) times a year.

3. Insurance Premium Payments During Periods of Work-related Injuries: For an employee who is temporarily disabled due to an accepted workers' compensation claim and has not earned the health allocation, the City will continue to pay the required premiums up to the amount of the health allocation until the employee is able to return to full duty or is declared permanent and stationary. However, should the injury be determined by the City's Workers' Compensation Third Party Administrator and/or the Workers' Compensation Appeals Board to not be service connected, the employee shall repay the City in full the premiums paid on his/her behalf.

Section 29. Retirement Benefits
Pursuant to Section 1200 of the City's Charter, the California Public Employees' Retirement System is the Retirement System of the employees of the City. As a condition of employment, employees of the City automatically become members of the Public Employees' Retirement System. The current contract between the City of Santa Clara and the Public Employees Retirement System is on file in the City Clerk's Office.

The Retirement System is divided into two Retirement Formulas, for Public Safety Employees and Miscellaneous Employees, as follows:
(1) Public Safety Employees - 3.0% at age 50 Retirement Program ("Classic"); 2.7% at age 57 ("New").
(2) Miscellaneous Employees - 2.7% at age 55 Retirement Program ("Classic"); 2.0% at age 62 ("New").

Section 30. Leave of Absence Without Pay
A leave of absence without pay may be granted as follows:
(a) The City Manager may grant a leave without pay not to exceed one (1) calendar year.
(b) Maternity Leave.

The term "maternity leave" refers to a leave of absence without pay because of pregnancy, childbirth, or related medical conditions. Pursuant to the Federal Pregnancy Discrimination Act (Pub. L. 95-555, 92 Stat. - 27 -
2076 (1978) 42 U.S.C. 2000e), the rules and regulations issued pursuant thereto by the Equal Employment Opportunity Commission and Section 12945 of the California Government Code, the City Manager may grant a leave without pay not to exceed four (4) months for disability caused by pregnancy, childbirth, or related medical conditions. The City Manager may extend the leave up to eight (8) additional months.

The employee will give reasonable written notice of the need for maternity leave and her estimated duration of the leave.

Accrued vacation time (pursuant to Section 20) and accrued sick leave (pursuant to Section 22) may be used by the employee during the maternity leave.
(c) Family Leave.

Pursuant to the federal "Family and Medical Leave Act of 1993" (FMLA) and the California Family Rights Act (CFRA), the City Manager may grant a leave without pay for up to twelve (12) workweeks in a rolling twelve (12) month period for the care of an employee's spouse, child, or parent who has a serious health condition or the employee's own serious health condition that makes the employee unable to perform the functions of his/her position. The City Manager may authorize additional unpaid leave to increase the total leave without pay to one (1) calendar year.

When the employee has requested a Medical Leave of Absence without Pay or Maternity Leave of Absence and Family Medical Leave simultaneously, FMLA leave shall run concurrently with such leaves.

Section 31. Right of Employee to Retain Position
When a leave of absence with or without pay is granted, it is with the definite understanding that the employee will be restored to the position vacated by him/her at the expiration of his/her leave.

Section 32. Temporary Changes in Work Schedules
(a) General Rule - Temporary changes in work schedules shall be made whenever required. However, such changes shall be considered emergencies and emergency overtime rules shall apply whenever:
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(1) less than fourteen (14) hours advance notice is given to eight (8) hour, nine (9) hour, ten (10) hour, or twelve (12) hour shift employees; or
(2) less than forty-two (42) hours advance notice is given to Fire Department employees working a twenty-four (24) hour shift. (b) During the City's Annual Cleanup Campaign, the City may temporarily change the regular hours of work, on regular work days, of employees, upon 14 hours advance notice. Change in assignment for employees must be limited to shifts commencing up to one hour either prior to their regular shifts or up to one hour after the commencement of their regular shifts at straight time salary. Employees so assigned will work a nine (9) hour work day excluding unpaid time for meals. Any hours in excess of a regular (e.g., 9/80) schedule will be paid at the prevailing overtime rate.

Section 33.

This Resolution supersedes Resolutions Nos. 636, 3144, 3830, 4652, 7650 and amendments thereto.
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City Council and Authorities ConcurrentJanuary 25, 2022

City Council and Authorities Concurrent
January 25, 2022