business.
F. Employees receiving the automobile allowance are responsible for all gasoline and maintenance costs. Employees shall also maintain their personal vehicles in a clean and presentable condition while conducting City business.
G. A represented employee, who is currently assigned a City vehicle, may choose to continue using that assigned City vehicle in lieu of the automobile allowance.
H. The City reserves the right to substitute an assigned City vehicle in lieu of this automobile allowance for a represented employee if it is deemed to be in the City's best interest to provide a City vehicle to conduct City business.
I. A represented employee who is currently reimbursed for use of a personal vehicle in accordance with the IRS mileage reimbursement rate, may continue to utilize direct mileage reimbursement, in lieu of participation in this automobile allowance program.
13. MOBILE COMMUNICATION DEVICE ALLOWANCE
Mobile communication device allowance of $80.00 per month for eligible classifications.
14. MERIT PAY/SALARY ADJUSTMENT SYSTEM
Merit pay adjustments, or merit increases, as provided for in the Personnel and Salary Resolution are, and will continue to be available during the term of this MOU when and if approved by the applicable Department Head and the City Manager, subject to Section 14.G below. The Merit Pay Adjustment system shall include the following elements:
A. Each Unit 9 employee shall receive an annual evaluation.
B. Annual consideration of merit pay adjustments, subject to Section 14.G below, with an affirmative decision by the applicable Department Head shall be required each year following the annual evaluation.
C. Merit pay adjustments shall range from 0 to 5%. However, in 2016 and 2017 only, employee is guaranteed at least 2% and, with Department Head approval, up to 5%, subject to Section 14.G below.
D. In 2016, employees are eligible for a merit pay adjustment based on an evaluation prepared by February 2, 2016, which date will be their merit pay anniversary each year going forward.
1) Notwithstanding D. above, for employees that have been employed a full year as of February 2, 2016, they will be eligible on their actual anniversary date, which shall also be their merit pay anniversary date thereafter.
2) Notwithstanding D. above, for employees that receive a merit increase between January 1, 2015 and February 2, 2016, the date of their last merit increase shall be their new merit pay anniversary date.
3) If a Department Head has not completed an evaluation in time for a merit adjustment by an employee's anniversary date (February 2, 2016 for most employees), the applicable merit pay adjustment once determined shall be made retroactive to the first full pay period following the anniversary date (and to February 2, 2016 in 2016 for those persons whose anniversary date is February 2, 2016).
E. subject to Section 14.G below , the City shall not suspend or freeze consideration of merit pay adjustments for Unit 9 employees unless step increases are suspended or frozen for all bargaining units that utilize a step system.
F. The City and Unit 9 may, by mutually agreement, meet to discuss potential changes to the merit pay system and/or movement toward a step pay system more like other bargaining units.
G. Effective January 1, 2021, employees holding positions in classifications assigned to Unit 9 shall be ineligible for a merit increase for the next two (2) consecutive rating periods. This means that an employee in Unit 9 shall not be eligible for a merit increase until the third rating period after January 1, 2021, and after the employee has skipped two (2) consecutive rating periods where they did not receive a merit increase. Employees with a rating period that ends before January 1, 2021, will be eligible for a merit increase for that rating period pursuant to the Personnel and Salary Resolution, even if such merit increase (if any) is not approved until after January 1, 2021.
1) Employees hired or rehired or pr omoted or reclassified on or after January 1, 2021, and until on or before December 31, 2022, into positions in classifications assigned to Unit 9 shall be ineligible for a merit increase for the first two (2) consecutive rating periods. This means that an employee hired or rehired or promoted between January 1, 2021, and December 31, 2022, will not be eligible for a merit increase until the employee’s third rating period with the City after the employee was hired or rehired or promoted or reclassified into positions in classifications assigned to Unit 9.
(a) A current active City employee promoted or reclassified from another bargaining unit into a position in a classification assigned to Unit 9 between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase until the employee’s third rating period from the effective date of the promotion or reclassification.
(b) A current active City employee holding a position in a classification assigned to Unit 9 as of the effective date of this agreement who is promoted or reclassified into or accepts another position in Unit 9 between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase unless the employee has skipped two (2) consecutive rating periods where they did not receive a merit increase since January 1, 2021.
(c) Nothing in this Section is intended to prohibit a pay increase that may result from a current active City employee being promoted or reclassified into a position in a classification assigned to Unit 9.
15. EMERGENCY PAID LEAVE PROGRAM
A. Administration
Administration of this program shall be provided by a three (3) member Emergency Paid Leave Board (Board), consisting of two (2) members of the Unit 9 Board and the City Director of Human Resources (or designee).
Determination of eligibility to use the vacation established in this Emergency Paid Leave pool will be by majority vote of this board. An adverse decision of this board may be appealed to the Unit 9 Board of Directors and their determination shall be final.
B. Method of Donation
1) Contribution of vacation will be computed at the employee's base hourly rate of pay (excluding premium or specialty pay). 2) Contribution may be made from earned vacation, or cash only.
Conversion of Sick Leave to Vacation for purposes of donation to this pool will be immediately credited to the pool.
3) In a case where it has become known that an employee has been seriously injured or has a life-threatening illness and is in need of assistance from the Emergency Paid Leave Pool, contributions from accrued Sick Leave, computed at the contributing employee's base hourly rate of pay (excluding premium or specialty pay) may be made for the benefit of that specific employee who has the need. 4) Employee may authorize the City to automatically convert vacation that should be accrued to the employee to the pool when the employee's vacation accrual has reached the maximum allowed.
5) Funds contributed to the Emergency Paid Leave Pool will be placed in an interest bearing Trust Fund. The Trust Fund will be accumulated in total dollars. No record of number of hours contributed to the Pool will be maintained. An employee making a donation to the Pool will not have a vested right to the amount donated.
6) Employees, appointed Council officers, and the elected City Clerk may contribute earned vacation, or cash to the Emergency Paid Leave Pools of other City bargaining groups.
C. Use of Pool
1) Employee must have a verified emergency need for time off to request Emergency Paid Leave from the pool. An employee's initial request to use leave from the Emergency Paid Leave Pool shall be made to the City's Director of Human Resources (or designee). The Director of Human Resources (or designee) shall make an initial determination regarding whether the employee's request to use Emergency Paid Leave is for a verified medical emergency. The Director of Human Resources (or designee) shall notify the rest of the Board of the name of the
individual making the request, the date of the request and whether or not the individual's request qualified as a verified medical emergency need under this section. Medical emergencies for the employee or dependent shall be verified by a doctor's certification and shall include the anticipated duration of the medical emergency. Non-medical emergencies shall be verified by certification acceptable to the Board and shall include the anticipated duration of the emergency. 2) Employee must have exhausted appropriate paid leave (sick leave including eligible conversion to vacation or vacation) prior to becoming eligible to request emergency paid leave benefits from the pool. 3) The maximum time available from the pool (subject to the assets of the pool) will be 320 hours (four [4] pay periods) for Emergency Paid L eave
benefits due to the illness or injury of the employee or the maximum allowable accrual of vacation for emergency needs of the family of the employee.
4) Emergency Paid Leave will be deducted from the pool based upon the employee's base hourly rate of pay (excluding premium or specialty pay). 5) Emergency Paid Leave hours will be made available for use in the pay period following approval by the Miscellaneous Unclassified Management Employees' Emergency Paid Leave Board.
6) Use of Emergency Paid Leave from the pool will be treated in the same manner as use of regular vacation. The employee will continue to accrue sick leave, vacation, insurance coverage and other benefits in the same manner as he/she would if using regularly credited vacation. 7) Emergency Paid Leave, which has been credited to the employee and has not been used when the emergency has terminated will be reinstated to the pool. Vacation, sick leave and other benefits, which have accrued to the employee, will remain in the employee's account.
16. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE
A. Sick Leave
1) Employees shall accrue ninety-six (96) hours of sick leave per year of regular City employment. Sick leave shall accrue in equal amounts each pay period. Employees shall not accrue sick leave while they are on unpaid status
.
2) Use of sick leave will be under the same terms and conditions as are now in place. Vacation, and Management Leave may be used to supplement sick leave with Department Head approval, as permitted and set forth in CMD 30.
B. Family Sick Leave
1)
Not more than forty-eight (48) hours of sick leave within one calendar year shall be granted to any employee for the care or attendance upon members of his/her immediate family, unless the use of additional leave is
approved by the City Manager or designee. "Immediate family" is defined as spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, parent by marriage, step-parent, step-child, grandparent by marriage, son-in-law, daughter-in-law, sibling by marriage, foster parent, domestic partner, anyone residing with employee, or anyone dependent on the employee for care.
C. Personal Leave
1) Each calendar year, an employee is entitled to use thirty-two (32) hours of accrued sick leave as Personal Leave, provided he/she has sufficient sick leave balance available.
2) Personal leave is intended to provide the employee with paid time off to attend to legitimate personal business that may arise from time to time during the year. Personal Leave may be used to supplement sick leave as required.
3) The employee has an obligation to provide as much notice as possible so as to allow for proper scheduling by the department.
4) Providing that the minimal requirements of proper notification have been met, the use of Personal Leave should not be denied.
5) The adoption of this program does not modify the existing ability of the employee to exchange up to 96 hours of accrued sick leave for up to 48 hours of vacation, based upon two (2) hours of sick leave for one (1) hour of vacation as provided and defined in the Personnel and Salary Resolution.
17. 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 an employee's immediate family, as defined in this Section. Employees are eligible to receive up to forty (40) hours 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; up to three (3) work days (regardless of shift assigned) 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); and up to one (1) work day (regardless of shift assigned) of bereavement leave in the event of the death of a great-grandparent, great- grandchild, great-aunt, great uncle, 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 to the Salary Adjustment Form.
C. Up to five (5) work days of additional bereavement leave may be charged to an employee's sick leave balance with City Manager approval.
D. At the request of the City, the employee will provide verification.
18. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)
A. The City established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a defined contribution post-retirement medical benefit for employees. The City contributes $50 per month per represented employee.
Per the City's contract with VEBA, VEBA's consulting fee will be deducted from plan participant's accounts. These contributions shall be included on total compensation surveys. Specific information regarding the Plan is referenced in the Plan Document.
B. VEBA is a tax-exempt trust account formed under Internal Revenue Code Section 501(c)(9) designed to accumulate assets to fund the future payment of qualified unreimbursed medical expenses (including specified insurance premiums). At retirement, participants may withdraw the accumulated plan benefits to pay for unreimbursed health insurance premiums, qualified long- term care insurance premiums, and other qualified unreimbursed medical expenses and will not be taxed under current state and federal law.
Withdrawals cannot be made for nonmedical purposes.
19. RETIREE MEDICAL REIMBURSEMENT BENEFIT
A. The Retiree Medical Reimbursement Benefit shall provide each employee who retires from the City with at least ten (10) years of regular City service with a reimbursement for unreimbursed single retiree health insurance premium beginning with the second full month after retirement from City service and ending with the last full month before the retiree's sixty-fifth (65th) birthday. Starting in the month in which the retiree turns age sixty-five (65), the reimbursement will be for unreimbursed Medicare single retiree supplemental health insurance premium. For premiums paid in calendar year 2017 that will be reimbursed in 2018, the City will reimburse an amount up to $343 per month, including the PEMHCA minimum, for unreimbursed single retiree health insurance premium or up to $205 per month, including the PEMHCA minimum, for unreimbursed Medicare single retiree supplemental health insurance premium. The amount of the City reimbursement will be adjusted thereafter once each year by the percentage change from October to October in the San Francisco-Oakland-San Jose urban wage earners and clerical workers (W) consumer price index from the prior year, but in no event will be increased more than 3.5%.
B. Beginning in 2004, the City will pre-fund this benefit with an amount to be determined by an actuary.
C. Each retiree will be required to submit proof of health insurance coverage to the City each year. The City will pay the reimbursement in a lump sum payment each year.
20. EMPLOYEE ASSISTANCE PROGRAM
The City will provide a confidential Employee Assistance Program for represented employees.
21. CHANGES TO JOB DESCRIPTIONS
Should the City propose a change of the job description, or should the City propose a new job classification and job description, of any job classification represented herein, the City Manager or designee will provide a copy of that proposed job description to Unit 9 for its review and comment back at least ten (10) work days before it is scheduled to be presented to the City Council for adoption. If the proposed compensation control point of a new classification has been established, the City Manager will also provide that proposed compensation control point to Unit 9 for its comment. For a revision of an existing job description, Unit 9 may include a request that the City Manager review the existing compensation control point for the job classification if there has been a significant change in the duties, responsibilities, or safety hazards of the job classification. The City Manager will give consideration to Unit 9 comments, but the final decision on the job description and compensation control point that is submitted to the City Council for adoption will be made by the City Manager.
22. LIMITED/ALTERNATIVE DUTY
A. Alternate Work Schedule (Nine-Eighty Schedule)
A Miscellaneous Unclassified Management employee shall be eligible to work a 9/80 alternate work schedule according to the conditions, criteria, and requirements set forth in City Manager's Directive 71. Requests to work a 9/80 schedule shall be made through or by the Department Head to the City Manager. The City Manager must approve the schedule and the City Manager or Department Head (for employees other than Department Heads) may terminate the schedule at any time.
B. Job Related Illness or Injury
Employees with a job related illness or injury, covered by Workers' Compensation, which prohibits performance of their regular duties, will be reassigned to limited or alternative duty under the following conditions:
1) Supervisors shall be advised of any industrial injury/illness as soon as practical.
2) Upon receipt of a Doctor's report providing work limitations, the City may identify a regular or modified assignment for which the employee has the required experience and training. Such assignment may be on a 40 hour per week or less basis, if mutually agreed between the City and the employee.
3) If the City is unable to identify a limited or alternative duty assignment for which the employee has the required experience and training, the employee will be reassigned to a Monday through Friday work schedule to accommodate required medical or other workers' compensation commitments.
C. Non Job Related Illness, Injury or Condition
Employees who have a non-job related illness, injury or condition which
prohibits performance of the employee's regular duties, may request assignment to limited or alternative duty. Nothing in these provisions is intended to imply that an employee has a right to a limited/alternative duty assignment, unless expressly provided by law. Such request will be accommodated, unless no appropriate limited or alternative duty assignment is available, under the following conditions:
1) Identification by the City of a regular or modified assignment for which the employee has the essential experience and training. Such assignment may be on a 40 hour per week or less basis, if mutually agreed between the City and the employee.
2) Submission of a written release from employee's doctor, subject to review by the City doctor, which allows the employee to perform all of the duties of the contemplated assignment.
3) Employee may account for regular work schedule through a combination of limited or alternative duty hours and sick leave or other paid leave sufficient to maintain eligibility for regular accrual of benefits.
D. Work Week
Under both limited or alternative duty assignments employees will be required to work their regularly scheduled number of hours (normally forty (40) hours) per week, unless such assignment is modified by mutual agreement between the City and the employee. It is recognized that performance of limited or alternative duty assignments will not be permitted to interfere with any medically related treatment designed to assist the employee to return to full, unrestricted duty in the earliest possible time frame.
E. Temporary Assignment
All such assignments, and their duration, are temporary assignments and are subject to periodic sixty (60) day review of the employee's continued need for limited or alternative duty, the employee's continued ability to perform the
limited or alternative duty and the department's ability to continue the employee in the assignment. All temporary assignments shall be at the employee's regular rate of pay.
F. Law to Prevail
In the event the Americans With Disabilities Act requires modification of the provisions of this section, it is agreed that the law will prevail.
23. REDUCED WORK WEEK VOLUNTARY TIME OFF (VTO) PROGRAM
A. Employee Participation
Employee participation in this plan is with the City's understanding and agreement that employee participation is temporary and participation is not to be construed as a representation of employee commitment to a permanent program or an admission of any kind that the employee would not be harmed by such a plan becoming mandatory.
B. Reduced Work Week/Reduced Pay
Employees may request a reduced work week schedule (32 hours per week instead of 40 hours per week, for example) at the same hourly rate of pay, subject to the following conditions:
1) With the approval of the Department Head and the City Manager, a binding work schedule as requested by the employee will be developed that may be modified only with the approval of both the City and the employee.
2) More than a 20% reduction of the work week in a pay period will result in proportionate reduction of accrual of sick leave and vacation.
24. INDUSTRIAL INJURY/CONTINUATION OF INSURANCE BENEFITS WHILE ON
WORKERS' COMPENSATION
Workers authorized by the City's Workers' Compensation Administrator to undergo therapy or treatment due to an industrial injury, who are required to leave work, shall receive leave with pay, including reasonable travel time, providing the treatment falls within the normal working hours, is pre-scheduled and cannot be scheduled during non-work hours.
The City will continue payment toward health, dental and life insurance coverage for the employee and dependents up to the maximum amount allocated under total compensation for an employee who is disabled from work because of a work related injury if the employee is no longer in a paid status sufficient to continue the coverage afforded under the terms of the program, subject to the following conditions:
A. The employee may not increase the existing coverage after the date of injury except to add children born within nine months of the injury.
B. Continuation toward payment of empl oyee and dependent health/dental/life insurance coverage up to the maximum allocated under Total Compensation is limited to one (1) year from the date of injury. Continuation toward payment of employee health/dental/life insurance coverage up to the maximum allocated under Total Compensation may be extended if the employee continues to be on temporary disability status for a Workers' Compensation injury.
C. The employee has supplemented his/her workers' compensation benefit with sick leave, vacation, management leave or other paid leave sufficient to qualify for payment of the health/dental/life insurance premium and is no longer entitled to any salary from the City.
25. MANAGEMENT LEAVE PROGRAM
The Management Leave Program is as follows:
A. Effective January 1 of each year, represented employees will be credited with 120 hours of Management Leave per calendar year.
B. New hires or employees promoted into Unit 9 between January 1 and June 30 will be credited with 120 hours of Management Leave. New hires or
employees promoted into Unit 9 between July 1 and December 31 will be credited with 60 hours of Management Leave.
C. Use of Management Leave is subject to approval by the applicable Department Head, or the City Manager or his/her designee in the case of a Department Head request, taking into account the relevant circumstances including work/Department needs, staffing limitations, conflicts, timing of request, etc.
D. Management Leave may not be converted to cash or other paid time off.
E. Unused Management Leave may be carried over from one calendar year to the next; however, an employee may never have more than a balance of 180 hours of management leave, subject to Section 25.E.1-4 below. (Thus, and for example, an employee that already has 180 hours of management leave on January 1 would not receive any further management leave. An employee that already has 100 hours of management leave on January 1 would "only" receive an additional 80 hours. An employee with 60 or fewer hours of banked management leave on January 1 would receive 120 hours.)
1) For calendar year 2021, an employee may have up to a balance of 240 hours of management leave.
2) For calendar year 2022, an employee may have up to a balance of 240 hours of management leave.
3) For calendar year 2023, an employee may have up to a balance of 240 hours of management leave.
4) For calendar year 2024, an employee may have up to a balance of 240 hours of management leave.
5) Effective the first pay period of calendar year 2025, the terms of Section 25.E above shall apply, and an employee may have no more than a balance of 180 hours of management leave.
26. FLEXIBLE SPENDING PLAN (INTERNAL REVENUE CODE SECTION 125) The City will make available a Flexible Spending Plan under the Internal Revenue Code Section 125 for employees. Employees may contribute pretax (federal, state, FICA, Medicare) dollars for dependent care and qualified unreimbursed medical
expenses. This Plan will follow the regulations outlined by the Internal Revenue Code. Detailed information will be available in the Summary Plan Document.
The City will pay the administrative expenses for the plan. This Plan is voluntary and participating employees will pay the monthly participation cost.
The monthly participation cost will be considered pre-tax, as defined above, under Internal Revenue Code Section 106„ Participating employees will be provided with an Employee Plan Summary and regular statements regarding the status of their flexible spending accounts.
27. DOMESTIC PARTNERS
The City shall make all benefit programs available to employees, dependents
and domestic partners, subject to the requirements of each benefit provider.
28. PAY PERIODS
Allowances/payments or accrual rates that are an agreed upon amount per month or year but are paid for administrative purposes in incremental amounts each pay period, shall be the same total amount per year in years in which there are 27 pay periods instead of 26 pay periods. This clarification is not intended to and would not modify anyone's salary/rate of pay.
29. DECLARATION
The parties hereto have reached an understanding concerning the proposed salaries and fringe benefits described in the above paragraphs. All other matters dealing with wages, hours, fringe benefits including health and dental insurance contributions, and working conditions included in ordinances, resolutions, rules or regulations, or previous memorandums of understanding, shall remain unchanged for the term of this memorandum in the absence of agreement to the contrary.
30. NEXT MEMORANDUM OF UNDERSTANDING
Unit 9 will submit its proposals for a Memorandum of Understanding for the term commencing at the expiration of this Memorandum of Understanding no later than January 31, 2024.
of 32
FOR THE CI
TY OF SANTA CLARA FOR THE CITY OF SANTA CLARA
MISCELLANEOUS UNCLASSIFIED
EMPLOYEES
Aracely Azevedo Chris Jackson
Director of Human Resources President
Date: Date:
Marco Mercado Craig Johnson
Assistant Director of Human Resources Vice President
Date: Date:
Ashley Lancaster Carolyn McDowell
Human Resources Division Manager Treasurer
Date: Date:
Lee Hagan
S e c
r e t a r y
D a t e :
APPROVED:
Deanna J. Santana Date
City Manager
APPROVED BY THE CITY COUNCIL ON:
A TT
E S T :
City Clerk Date
Chris Jackson
Digitally signed by Chris Jackson
Date: 2020.12.16 12:55:47 -08'00'
craig johnson
Digitally signed by craig johnson
DN: C=US, [email protected], O=city of
santa clara, OU=building division, CN=craig johnson
Date: 2020.12.16 13:07:37-08'00'
Carolyn McDowell
Digitally signed by Carolyn
McDowell
Date: 2020.12.16 13:31:18 -08'00'
Lee Hagan
Digitally signed by Lee Hagan
Date: 2020.12.17 12:57:37 -08'00'
Aracely Azevedo
Digitally signed by Aracely
Azevedo
Date: 2021.01.06 10:07:14 -08'00'
Ashley Lancaster
Digitally signed by Ashley
Lancaster
Date: 2021.01.06 12:38:57 -08'00'
Marco Mercado
Digitally signed by Marco
Mercado
Date: 2021.01.08 09:12:31 -08'00'
Deanna J. Santana
Digitally signed by Deanna J.
Santana
Date: 2021.01.15 11:08:29 -08'00'
Nora Pimentel
Digitally signed by Nora
Pimentel
Date: 2021.01.29 17:10:15 -08'00'
November 17, 2020
APPENDIX A: MOBILE COMMUNICATION DEVICE PROGRAM
APPENDIX A: PDA/SMART PHONE STIPEND INFORMATION
Date:
To:
From:
Subject.:
City M a11.iger' s Of flee
Interoffice Memorandum
April [5, 2014
Unil 9- Unclassified Miscellaue-0us Management Employees Julio Fuentes, City Manager
CeH Pl one.I: miu·l1)hone Stlpertd Progr .am for U1 it 9- Unclnssified MisceJl11 n N111s Managem ent Emp1oyecs
Scop,e: This ce11 phone/smartphone stipend program applies to members of Unit 9- Unclassified Miscellaneous Management Employees. Tihe sHpeud progmm is $80 per 111onlh and was effective April 1. 2009.
Pr11•pose: To e-sta1blish policies regarding the pmvision and usage of City-owned cellular telepbone-s or sn.artphones (devices that have voice-. cfota tind internet/web access capt1bilities).
The City h~ determined that it is beneficial to have Unit 9 members aooeS$lble by phone/data communications at all times. A Unit 9 emp]oyee can choose lo have a City~i.s.'lued cell phone, where the City pays for lhe Unit 9 employee's cell phone device .ind service pl.an through City~ managed contracts with eeH provide-rs, or they can choose to ieeei ve a stipend in the amount of $80 pe,· month, whereby the Unit 9 employee will purchase and own theirown oell phone/smartphone device and pay all service provider charg~~. ot the Unit 9 employee cn.n choose not to pa:rticipat·e in either of tl1c above programs. umm~ry: This policy outlines and establishes eHglbility criteria for Unit 9 employoes wishing to receive tt monthly cell pho11e s1ipeud imd should be read fUld understood in conjunction with CMD 1.16-Use of City Resmmces and Coufidt:ntial Natnreofloformation on City Equipment.
Ce1htlar Teleph0De/Sma11phone SUpencl Program : Unit 9 employees may choose to receive en $-80 a m-0nth stipend to purchase. maintain, replace or repair their personal cetl phone, and pay for aoy level of ceH phone service plan from Any pl'Ovider the em1,l oyee may select. The $80 per month allowm1oe is !.!:Qt intended to covert he full cost of any pa1ticu lar cell phone device find/or cell phone se~·vice _plan. If.a Unit 9 employee wishes to pu11cba-.se a cell phone/smarlphone and connect to 1he City•s email system, they must confum wilh the City's Infonnation Teclmology Depat1ment thin lhe device they wjsh to purchase can be oom1ectecl to the City's Outlook email system. Not al] ceH phone devices or oorvioe pl'ogrnms mny be compatible with lhe City's informaljou techDology ~-ystoms, If you do oot desire lo connect to tho City's email system, then any cell phone or service Jirovider could be selected.
To be eligible for the monthly stipend, the Unil 9 employee must prmdde the Humim Resiou1'CCS Depal'tment with an active c-en phone number. His expected that the employee will respond 10 wol'k~rcJnted calls nncl most crrncal, actively monitor theil" phone du1ing City emergency
Cell Phone Stipend Program for Unit 9 - Miscellaneous Unclassified Management Employees April 11, 2014
situations. If a Unit 9 employee purticipnting in the stipend program experiences a lost, stolen or damaged cell phone, it is expected that the employee will actively seek to have the device ,·eplaced or 1-epaired in a reasonable period of time in order to remain eligible for the monthly stipend (refor to CMD 116 for additional requirements if a phone is lost or stolen). The stipend program is focused only to the Unit 9 employ,e's personal cell phone or smartphone, and not to oilier cell phones that might be included under a shared or family plan that the employee may have w ith a oorvice provider.
If the Unit 9 employee changes their cell phone number for any reason, the Human Resources Depaitmcnt must be notified in the next work week of the new cell phone number. If an employee receiving a cell phone stipend chooses to no longer use n personal cell phone for any reason, the Human Resources Depm1ment should be notified immediately, and the stipend will be discontinued in the next Applicable pay period.
The stipend is paid at a nlle of$40 per pay period (with no payment on two of twenty-six pay periods nnnunlly). A Unit 9 employee starting employment or terminating employment in the middle of any month will receive one-half of the monthly stipend ($40). The stipend will couunence in the first applicable pay period alter the Unit 9 employee's request has been received, 1-eviewed and approved by the Human Resources Department. 11ic essential review oriterin nrc thtlt the employee is o rnembet· ofU,~it 9 Miscc llaneou& Management En1ployoos• Association, and that the employee has submitted a valid cell phone number as requested. The stipend is considered income lo the employee. and is subject to payroll withholding.
CMD 116: Use of City Resources/Non-Confidentinl Nature ofl nforrnntion 011 City Equipment :
TI1is CMD addresses key issues related to the ownership and usage of cell phone devices, and should always be read and understood in conjunction with this stipend policy. While il is generally the case that call 1'<-"COrds for a personally owned phone m-e not subject lo public records requests, the law in this m-ea can and does change. CMD J 16 advises that employees adhere 10 City policies related to public records and email retention. The City A11orney's Office should be consulted for advice and/or resolution of public records concerns.
C ity•l$3Ut:d Cell Phone Progl'am : A Unil 9cmploycc con choose to hnvc o City--owncd cell phone issued to them in lieu of a monthly stipend. Under this progmm, the lnformation Technology Department has responsibilily for the selection of cell phone devices and cell phone service providei·s. The City then maintains a record of an employee's cell phone number and usage information. Activity on City-owned oell phones is accessible as a public record. A Unit 9 employee cannot have a City-issued phone and a stipend. One or the other must be selected. If you currently have a City-issued cell phone aod wish to participate in the stipend program, yo11 will need to acquire a personal cell phone and service plan and then tum in your City-issued cell phone. Part of the rationale for this program is to decrease the number of City supplied/City supported cell phones through the use of a stipend program.
Cell Phone Stipend Program for Unit 9 - Miscellaneous Unclassllicd Management Employees April 11, 2014
Opt Out: A Unil 9 Miscellaneous Mnnogement employee can choose not to participate in either the cell phone stipcn<I progl'nm or the Cily-issucd cell phone program. If certain work nssignmcnts require llic use ofa cell phone 1h01 con be accomplished lhrough the temporary provision of o Cily-issucd cell phone through the duration of the assignment.
Cell Phone/Srnnrtphone Stipend Program Enrollment: A c11rrcnl Unit 9 employee con initially enroll in lhis slipcnd program by emailing the Human Resources Departmenl and rcqucsling parlicipation in lhc slipend program. You musl include your 10-digil cell phone number in lhc email; therefore you must have a personal cell phone device und a sen•ice plan nc1iv111ed prior lo receiving a stipend. At that time the l luman Resources Department will send you n Cell Phone Stipend pocket and fon11, which you will need lo [ill owl nml return 10 them.
Thcrcuficr, the llumun Resources Deportment will present the coll phone stipend enrollment opportunity 10 new Unit 9 employees through employee orientation. ~~
City Manager
The purpose of this Quick Reference Is to assist you In seulng up your Android phone to receive City of
Santa Clara email.
1. Complete the SmartPhone Authorization form Md
return to the Help Desk.
2. If you have contact or calendar items on your
Android phooe, you may lose them If you choogo
to sync wi th Outlook's contacts and/or Calendar.
Back up your Android phone so you can restore
them ir necessary.
3. Add your City email aocount to your Android phone.
~r;i::,,·\. :;cli~lJ~ Email Ad~;~;:(!i:::"' y-,:"'.:i
~ ··~. · - -.-: ': .,.: ,r .~~ ._., :r: ·.:~ ;~:;t,:.r>2 · . . .. :j
1. Go to Settings , and choose Acco unts.
2. Choose Add Account, then Corporate Sync.
3. Complete the fields as foliOWll (Thay may not
•P-In this exact order.)
Domain\Username: City or Elec.trlc-tor SVP
Employoos\username.
Password: Your current network password
Cheek Use secu re connection box.
Email Address :
Your city email address.
Server: lmail.santaclaraca.gov.
Once you set up !'()Ur City email account, you will be
required to enter a 4 digit passcode. You will be required to enter this passcode to unlock your screen Ir your
phone is unused ror 5 minutes. This lime can be
increased up to 15 minutes.
To change the pssscode,
1. Go to Settings then choose Location & Security.
3. Choose Change screen lock, then PIN.
4. Enter a new PIN.
Warning: You C8l'<10t tum off the Erase Data feature. If you have 8 failed passoode attempts, the data w\11 bG
erased from your phone.
To increase the sereeo lock timeout,
1. Go to Settings then choose Location & Security.
2. Choose Sec,rlty Lock Tfmor.
3. lncreas.e the lime.
The purpose of this Quick Reference is to assist you in setting up your iPhone to receive City ol Santa Cf.a.ra emall.
1. Complete the Smal1Phone Authorization fonm and
return 10 the Help Desk.
2. If you have contact or calendar item$ on your
iPhoo&, you may lose them If you choose to sync
with Outlook's contacts and/or calendar. Back up
your iPhone using iTunes so you can rest0<• them If
necessary.
3. Add your Cl\y email account to your iPhono.
;·~\,;.,: . •. "•~:t!; E~iJiA~~b:~T:;: '"
1. Choose Settings from the iPhone menu.
2. Choose Mail, Contacts,
Calender.
3. Choose Add Account, then
Microsoft Exchange.
4. Complete the ilelds r..=;;;;--,=..--:::;;;;;lrJJ
as follows: ,.,.,,,,
Email: your email
address.
Domain: CUy or l:loclric
for SVP Employees
Usernaine: Your network
login id.
Password: Your current
netwo<k password
The screen lo Iha right
appears with Se,ver field
added. It shouki be:
im:»tsantaclaraca.gov.
6. Choose lo tum on
Mall, Contacts, and/
or Calendars.
l £mall 1$1.0-1,-anilfll!l:itl:mic~.p
[';;~;"_;' ;; .. ~: .... ~.~-'
·~:;.t._•J -.,-,n,•" ·~-L~·-3:,_r_:,~~
Oom•ln Citv I
U&01nomo lsle-N;n1
Cele11da,. r I o.® 1
1. Choose Sett1n·gs from the iPhone menu.
2. Choose General, then Passcoda Lock.
3. From here you can change your passood"e, change
how qulcl<ly the passooda is required, and whether
or not you want SMS Preview (text messaging
preview) to be on.
Warning: You cannot tum off the Erase Data feature. If
you have 8 failed passcode allempts, the data will be
erased from your phone.
7. Choose Done.
8. After you choose ON for Contacts or Calendars, you
will be prompte<I lo delete or add your local (iPhone)
contacts to Outlook.
9. You will be required to enter a
4 digit Passcode. You will be
prompted to enter your
pasacode W you leave your
iPhone idle fOf 5 minutes.
1/28/2010
i:~i~if?L~~~t~.:iii~~~Ef~~~!~J1i:;~\:'.!it;:·~{~/~
The purpooe of this Quick Reference Is to assist you In setting up your Windows Mobile device to receive
City of Santa Clara email.
1. Comp&ete the SmartPhone Authorization form and
return to the Help Desk,
2. Set UP your phone to sync with ttle City's Exchange
Server using AotlueSync.
c.::" ·n :;;":"'cc'.";::'" -~:--::' . ... ·~•;• c;,; ,., ;; t?·c:· , .. :,;,:,:- Setup __ Exchange Serv!!r,, "'' ,.._ ,.,, ;--.•-:.:.·-~·,-.:. ·:•· -~ \;. ,.;,·;: .. ·'"\:-·
1. From the Programs menu, choose Ac-tiveSync.
2. If it is the first time you have used your Windows
Mobile phone, you will be shown the following
prompt:
To sync wllh a deskfop computer, Ins/ell
ActiveSync on your computer and than conneCI
this device.
If your company supports syncing directly
with /Is Exchenge Server yo,,, C"1> ill.!!Q
your device to sync with It.
Cllcl< the set up your device to sync with It link.
Th/$ wills/wt the process for connecting your device
lo Iha City's exchange server.
Note: The City supports syncing directly wltl, Its
Exchange Server. The City does NOT support
syncing with 8 desktop computer.
If you have already synced your device to anolher
source, ch00$$ Menu, Add Server Source.
3. In the Server address field, type
lmall.santaclaraca.gov.
4. Check the box for This server requires an
encrypted (SSL) connection.
5. CIiek Ne,ct.
Quick Reference 4.3
~ •t lNilsthtumo4,n.,OJ:bGk'lhb
A«u, s$1wr aM.ett.
~ JH, Sl!rYN rtQ•JhH M MCO-J)ted (551.)
-
6. Complete the fields as follows:
Usorname: Your network. login id.
Password: Your network password.
Domain: City or Electric for SVP employees.
7. Cf,ck the Save password check box.
'
•••••••••••
Dornon: I c11y
0 5',ye passw~,.-d-------~
(~ed for automatic sync.)
,----,---,- .-,
Advanced. .•
8. Choose NoX1.
9. Check the boxes next to the data you would like lo
synchront?e with your City's Outlook account.
10. Click Finish.
10/22/2009
AOMINISTRATrVE CODE CMO NUMBER 116
CITY MANAGER'S OIRECTWE.f'ROCEDURE DATE: M.i1dl 9, 200S CANCELS: N0vtrnbt1 22, 2008
SUBJECT:
PURPOSE:
POLICY AS TO CfTY•OWt·JEO
OR ISSUED DEVICES:
USE Of CITY RESOURCES, ANO NOii-CONFiDENTIAL IIA TIJRE Of
INFORMATION ON CITY EQUIPMENT
I. The p,i,.ary purpose of this CMD is to info111 all m ployees that City equipraent and systens, and City work locations, as defined herein, are the sole property of the City, and with a few 11ioor noted exceptjons, are to be used for City business oriy. This policy applies to City-owned and issued devices and the use of City network or syste11s using City - owned and private devices, including but not lilited to Snartpllones.
2. Another purpose of this CMO is to inforra all City enployees that private or personal dOC1J11ents, written raessages, electronic 11essages (including text 11ess.ages, enails, etc.), 11aterials, infomation, or files placed in or on City equipraent are not private or confidential and 11ay be reviewed to ascertail whether such co1111unications constitute City busiie:ss.. As such, e11ployees. should not have arrv expectation of privacy or confidentiality in any of these circurastances. Tiws CMO does not apply to the confidentiality of persomel records 11aintained by the Hinan Res.ources. Oepartnent or t he Finance Oepartraent, or the confidentiality of bus.iness and related iteras. within the depart11ent where the eraployee works.
City equip11ent and systeras., and City work loc.1tions, are the s.ole property of the City and, with 11inor exceptions (as noted below in ltera No. 4 under Supervisor and Oep.artnent Head Responsibility and Action), are to be us.ed for City business oriy.
City enployees are hereby inforraed that private or personal docuraents, written 11es&ages, electro.-.C 11es&age5 (ineb:ling text 11es&age5, e11ails, etcJ, o aterials, infomation or files, placed in or on City equipraent are not private or confidential.
Eraployees should not ha\-e any expectation of privacy or conficlentiafity in arrv of thes.e circurastances.
In order to conduct City busines.s., including res.ponding to the Aeeds of citizens. and staff, City 11anagenent and City enployees, when directed. 11ay need to access City work locations and equipraent of any enployee who is absent or unavailable. Access. to the work locations. and equipraent 11ay als.o be necessary Pl~ 1 ot&
POLICY AS TO PRIVATE
DEVICES:
CMD NUMBER 116
for purposes of 11onitoring enplo,-ee work perfor11ance and conduct. Under existing provisions of the law, the City reserves the right to 11onitor the use of City equipraent for any reason, including the right to review, audit and disclcse all 11atters sent over or stored in Citv locations or equipraent systens to ensure that uses are in ('()Rpliance with all laws including copyright laws and City policies. including the City Code of Ethics & Values.
Only City approved an-d authorized Srtartphone devices are per11itted to access any City networtc or s:ystens. The appro\oed list of devices is ru intained by lnfonution Technology (IT) and lisled on the S1urtphone Access Authorization Forn (lorn available fror, IT llelpOe.k).
A user who connects to City netwuks via an authorized Srtartphone device or service Bust ensure that all co11porents of his/her wireless connection renain as secure as his/her network access. ~II S11artphones and connections to any City networic or systems: shall be used to conduct City business and utilized appropriately, 1esponsibly and ethically. All authorired Sr1artphone device and service users shall, without exoep1Ktn, use secure rel'IOte access J)focedures:.
Enforcel'lent of this provision will be by device passwords: in accordance with tile City's password policy.
Prior to initial use or connection to City networks or s:ysteras, authorized S1nrtphone devices, sohware and related services o ust be registered with IT.
City eraployees, contractors. or •as needed• staff in pos.ses.sion of an authorized S1nrtphone device shall not n ake n odificatKtllS of any kind to the device, its software, and/or service that Ray p:otentially co11pronise the integrity of City netv10rb or systens, without the e(press written approval of IT. Tt.s includes, bu1 is not f111ited to, split tunneli1g. dual honing, non-standard hardware or security configurations, etc.
Users are advised that applicab.le law related to public ,ecords 11ay require the proOOCtKl:n of certain records on pri\'ate devices. Users are advised to adhere to City CMD's related to public records and ernil retention to avoid the potential disclosure of inforl'lation frc:n their J)fivate devices, particularly those users that recei\oe a stipend for private devices.
W-nh respect 10 Public Safety Offuers, it is intended that this CMO be read together t1i1h the Public Safety Offic,rs Procedural Bill of Rights.
DEFINITIONS:
RESPONSIBILITY:
Oepart1>ent Heads &
Supervisors
CMO NUMBER 116
•citv equipnent and systens, and City work locatKlns· is defined herein to incbJe, but not be lilit ed to, the following itens whether they be owned, bought, used, paid for, leased, bom:iwed, or gi\oen to areas and the City: Wort spaces, desks, lockers, City vehicles and equip11ent, co11puter and video equipnent, printers, copiers, supplies, telephones, 11obile data terninals, fax 1uchines, radios, enail, text o esnges , other 11ail and electronic raessaging services, voice raait and lnternea services tas assigned, including chats, newsgroups, and Internet enail), or any files
•citv business· includes, but is not fi11ited to, conducting the business of the City of Santa Clara and raonitoring enployee work perfornance and conduct. •0tt-Outy tile'"' incbles enployee 'ti11e before and aher work sfwft, kmch (or 11eal period breaks), and approved vacation/other leave tile. •sraartphone'"' 11eans a 11obile handhdd device with advanced features fike enail and lnternet capabilities.
ACTION
I. Authorize issuance and discourage 11isuse of City equipraent, work locations, and Snartphone devices. Appro\-e replaceraent of lost, stolen or danaged City-owned devices.. Replacenent costs will be charged to the user's depart11ent, which is then responsible for handling rei11burse11ent of City funds with sajcf user. Replacer-.ent and Maintenance costs for any personal· owned devices are the sole responsibility of the enployee.
2. Understand that the City's security software for the Internet raay record for o anagenent use the Internet a ddress or site visited by the e11ployee and keep record of any network activity in which the e11plo\-ee transnits or receives any kind of file; the deletion of a 11essage or file fro11 so11e electronic syste11s 11ay not fulty efi11inate the o essage fro11 the systera.
3. Understand that •any writing containilg infomation related to the conduct of the publjc's business, prepared, owned, used or retained by any state or local agency regardless of physical fom or characteristjcs• (Goverrnent Code SectKln 6252) and under sorae cirwrastances, conraunic.1tions sent by enail, n ay be subject to disclosure under the Public Records Act or litigat»n
4. Notwithstanding stateraents ii the CMD to the contrary, occasional use of City equipraent by an eraployee during off1:luty ti11e, i➔e., typing of a personal letter during the kmch period, o:r use of a telepllone for urgent reasons (see CMO 78), n ay be granted frorJ ti11e to ti11e at the discretion of and upon the Pl~3 ot &
All Erlplov,es/Users
CMD NUMBER 116
approval of the llepartroent Head.
5. In addition, uses by City enployees, during off-duty 1imoe, of specific City equip11ent 11ay also be allowed where certain fees for u~ of this equiinent have been established (i.e., 11ini-lal copying, or use of a r.ax ,nchine, etcJ.
6. Managers and supervisors who are authorized to serve as officers of a professional society and/or association in accordance with CMD 49, and who have authorized use of City resources in accordance with the provisions of that CMO, should not have expectations of privacy i0r confidentiaflty of inforraation or files pla;eed on City equl)flent.
7. Becoroe inforned and co11ply wi1h the policies of this CMO.
8. Do not use City equipr1ent, work locations. or authon~ized ac:cess to City networks or systeru i11properly. lnproper use includes any personal use for convenience or profit playing of ga11es, or use to convey derogatory, deta11atory, obscene, <ir otherwise inaJ)pfopriate actions or 11essages or any inforraation unrelated 10 City business. Personal ,n it packages, or catalogs should not be receNed or sent using a raunicipal address.
9. E11ployees shall take reasonable 11easures to safeguard City property and systens to prevent loss or daraage. In the event any City-owned or issued device or privately-owned Snanphone is lost or stolen, or the occurrence of any incident or suspected incident of unauthorized access and/or disclosure of City resources, the user shall immediately repon such to his/her supervisor and 1he IT Help Desk. Service will be i1111ediately terninated.
Users should i111ediarely report to hisJher supervisor and 1he IT Help Desk if the device is recovered. IT will work with the user to restore service as quickly as possible.
ID. The provisions of this. CMO also aJllllv to enplo1·ee use of non-City issued ec,.ripru:nt and systens brought into work locations and used fo1 City business. Ertployees: utiflzing non City-is.sued equipnent assu11e 1esponsibilitv for the repair or replacenent of such equipr1ent, including S..artphones.
11. Nothing in this CMO is intended to or shall be cons1rued as affecting the duty and obligation of City e11plo\'ees to n aintain 1he confiden1iafity of City docu11ents and infor11;ation which the e11plo~-ee has access to through his or Iler e11ployraent with the City. Jt is also not intended to nor shall it be construed as granting access to non-City e11plo;·ees to otherwise confidential City docuraents and infomation.
IT Depart11ent:
CMO NUMBER 116
12. E11ployees should understand that the City's ...,, ,ity software lor the Internet n ay record for n anagenent use the Internet address or site visited by the enployee and keep a record of any network activity in which the enployee trans:11its or receives any kind of files. Any records tranm itted or received are recorded and stored in an archive file; ddet»n of a nes&age or file frcn sorae electro.-.C syste11s n ay not fulty efirainate the nessage fro11 the systm .
13. Understand that •any writing containil.g infomation irelated to the conduct of the publjc's business, prepared, owned, used or re1ained by any state or local agency regardless of physical fofll or characteristics· (Goverrnent Code SectKln 62512) and under sorae cirwrastances, cmraunications sent by enail, nay be subject to disclosure under the Public Records Act or litigat»n.
14. E11ployees should understand that the City's network .allows Managenent to access enployee passwords. Upon request, eraployees shall provide their systens passwords to their Oepartoent Head to allov, access to al files and systens in the eraployee's absence or as required➔ lrockers, deslcs, files or other secured City equipraent, systens, or work bcat»ns, n ay also be accessed by the City.
15. E11ployees shall not knowingly use City equipraent or syste11s, or City wort locations, to download or distribute pirated software or data, or to violate Penal Code Section 502, applicable federal laws, City poficies, rules and regulations, including the City's Code of Ethics & Values. Er,ployees shall not use the City's equipraent, systeras or wort bcat»ns to disrupt or destroy the City's progran systens, nor shall they atte11pt to dis.able any security systera.
16. Violation of this poljcy, through direct act»n on the part of the enployee, or through carele:ssraess or regligence, nay result in fom al disciplinary act»n. up to and including temination.
17. Urvt 9 e11ployee• should understand that Snartphooe devices they obtain through the assistance of an allowance prograra are considered personal devices and are under the ownership of the eraployee. All service, n aintenance. and replacenent costs are the responsibility of the e11ployee.
18. IT reserves the right to ter11inate without notice any authorized Snartphone device, service and access to City network or systera that raay result in a potential sewrity risk to City network systens, data, users, residents andior other City assets and resources.
19. IT reserves the right to perfor11 a re11ote wipe of a user's Snartpllone, P.i~5 ot &
CMD NUMBER 116
erasing all data and contents, if there is a reasonable belief that the device has been co11prcnised and/or poses a potential security risk to City network systens, data, users, residents and/or other City assets and resources.
20. IT will provide Riniru l SUJlllOrt for privately-owned approV!d and authorized Snartphone devices. This support is fi11ited to basic doctnentation to enable the user to connect the device to City networks and svste11s, and basic troubleshooting to deternine if arry connection problens are on the Citv side or outside of the Cil'('s control. All addi1ional 1echnical and funct;on questions/is.sues shall be the responsibility of the user.
Oues:tions regarding this CMD raay be addressed to the City's Director of Hu11an Resources.
C,oss Refe,ence:
CMO 3 · Overnighl Use of Cily Vehicles
CMD 31 • Transaction of Personal Business During Working Hours CMD 49 • Me11bership in Profes.siollal Societies and Associations CMO 78 • Personal Use ol Ci1y Telephones
Ci1y Code of E1hics & Values (AttachRen110 CMO 67, Gills & Favors to Individuals!
301447.14
EXHIBIT C
Severance and Release Agreement
301447.14
SEVERANCE AND RELEASE AGREEMENT
This severance agreement is made and entered into on ________________, by the City of Santa Clara ("City") and Jovan D. Grogan ("Mr. Grogan"). The City and Mr. Grogan may be referred to collectively throughout this agreement as "the Parties." The effective date of this Agreement shall be the date of the signature of the last of the Parties to sign this Agreement.
RECITALS
WHEREAS on or around MONTH__, 2023, Mr. Grogan began their employment with the City as the City Manager;
WHEREAS on or around MONTH__, 2023, the City Council approved an employment agreement ("Employment Agreement") with Mr. Grogan;
WHEREAS Mr. Grogan holds an at-will position under the City Charter, and serves at the pleasure of the City Council;
WHEREAS Sections 1 and 6 of the Employment Agreement permits the City Council to terminate Mr. Grogan’s employment at any time subject to certain conditions; WHEREAS the City Council has determined it appropriate to exercise the right under Section 6 of the Employment Agreement to terminate Mr. Grogan’s employment; WHEREAS it is the intention of the parties in entering into this Agreement to amicably conclude the Employee’s employment relationship with the City effective____________ ( insert date) ("Separation Date") and consistent with the terms of the Employment Agreement; and, WHEREAS the Parties enter into this Agreement in order to implement S ubsection 6.1 of the Employment Agreement and ensure a smooth transition of City leadership.
NOW, THEREFORE, in consideration of the promises and mutual obligations of the Parties, the sufficiency of which is hereby acknowledged, the Parties hereby covenant and agree wit h each other as follows:
TERMS AND CONDITIONS
1. Incorporation of Recitals. The Recitals are incorporated herein by reference as though fully set forth herein.
2. Return of Documents. Mr. Grogan agrees and represents that no later than _________ (insert date), they will return to the City all City property of which they have possession, custody or control, including, but not limited to, computer, electronic and telephonic equipment, as well as all City data and documents whether in hard copy or maintained on any electronic media.
-
-
301447.14
3. Non-Disclosure of Confidential Information. The Parties acknowledge that as City Manager Mr. Grogan is a high-ranking official and an officer of the City; in that capacity they were and are responsible for, among other things, executing and enforcing all laws, and policies of the City and administering the City’s affairs, controlling and administering the City’s financial affairs and supervising purchasing, contracting, and confidential information. Consistent with their Employment Agreement and the City Charter, Mr.
Grogan represents and agrees that they have not and shall not at any time or in any manner, either directly or indirectly, whether or not for compensation use, divulge, disclose or communicate to any person, firm, corporation or any other entity in any manner whatsoever any confidential information concerning any matters affecting or relating to the business of the City except with the express written permission of the City or as required by court order or properly-issued subpoena. Such information includes but is not limited to, any attorney-client communications and attorney work product, or any of the information concerning the business of the City, its manner of operation, its plans, or other proprietary data where such information is not publicly known and is not otherwise subject to public inspection or disclosure.
4. Defense and Indemnity. Consistent with their Employment Agreement and the City Charter, in accordance with the obligations imposed under Government Code sections 800 and 910, the City shall defend and indemnify Mr. Grogan for any actions that result from work performed in the course and scope of their duties as the City Manager for the City of Santa Clara.
5. Information Regarding Employment. Subject to any applicable law, the City agrees that all inquiries with respect to Mr. Grogan’s separation will be referred to the Mayor who will provide only the following information: (a) the date of hire and date of separation; (b) that this is a mutual and amicable separation based on a mutual desire to separate Mr. Grogan from his employment and provide a smooth leadership transition.
6. Personnel File Documents. No documents shall be entered into Mr. Grogan’s personnel file after the effective date of this agreement without both parties approving the entry of the document.
7. Release of Claims. Except for the rights and obligations created by this Agreement, Mr.
Grogan, on behalf of themself, their agents, representatives, attorneys, assignees, heirs, executors, administrators and successors in interest, hereby releases and forever discharges the City and all of its past, present and future Councils, agencies, divisions, and departments, as well as each of their respective former, current and future directors, department heads, supervisors, Managers, employees, attorneys, elected and appointed officials, Councilmembers, City Managers, and any and all of them (all of the above collectively, the "City Released Parties"), to the extent permitted by law, from any and all liability, actions, causes of action, claims, charges, complaints, demands, grievances, obligations, losses, damages, injuries and legal responsibilities, of any type whatsoever, whether known or unknown, unforeseen, unanticipated, unsuspected or latent, which Mr.
Grogan ever had or held, now has or holds or hereafter can, shall or may have or hold against the City Released Parties, based on any claims or occurrences arising prior to the Effective Date of this Agreement (collectively, "Released Claims"). The Released Claims defined in the immediately preceding sentence and released herein by Mr.
301447.14
Grogan as to the City Released Parties include, without limitation, all claims based upon, relating to or arising out of Mr. Grogan’s employment with the City, and/or the discontinuation of said employment, all claims in law, equity, contract and tort, and all claims under the California Constitution, California Civil Code, California Labor Code, California Code of Regulations, California Government Code, California Business & Professions Code, California Fair Employment and Housing Act, California Family Rights Act, the California Workers' Compensation Act, the Fair Labor Standards Act, the Equal Pay Act, National Labor Relations Act, Labor Management Relations Act, Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1·964, as amended, Civil Rights Act of 1991, Americans with Disabilities Act, as amended, the Rehabilitation Act, Executive Order 11246, Family and Medical Leave Act, Sarbanes-Oxley Act of 2002, Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, Age Discrimination in Employment Act (ADEA), the Code of Federal Regulations, and all claims under any other federal, state, municipal or other governmental statute, regulation, ordinance or order.
8. Mr. Grogan specifically and expressly waives all rights under the provisions of Section 1542 of the Civil Code of California ("Section 1542 Waiver") with respect to the Released Claims. Section 1542 Waiver provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
Thus, for the purposes of making a complete settlement of the Released Claims which Mr. Grogan may have or claims to have against the City Released Parties, Mr. Grogan waives and releases any and all Released Claims against the City Released Parties, including Released Claims which are unknown and unsuspected as of the Effective Date of this Agreement. Mr. Grogan warrants that they have read this Agreement, including the Section 1542 Waiver, and have had an opportunity to consult with counsel of their own choosing about this Agreement and specifically about the Section 1542 Waiver, and that they understand this Agreement and the Section 1542 Waiver. Mr. Grogan acknowledges that they may later discover facts different from or in addition to those now known or believed to be true regarding the matters released or described in this Agreement, and even so they agree that the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Mr. Grogan assumes any and all risk of any mistake in connection with the facts involved in the matters, disputes, or controversies released or described in this Agreement or with regard to any facts now known to them relating thereto. Mr. Grogan agrees, to the fullest extent permitted by law, that they will not initiate or file a lawsuit or internal City proceeding to assert any Released Claims. If any such action is brought, this Agreement will constitute an Affirmative Defense thereto, and the City shall be entitled to recover reasonable costs and attorneys' fees incurred in defending against any Released Claim.
301447.14
9. Mr. Grogan acknowledges that they have not heretofore assigned or transferred to or purported to assign or transfer to any person or entity the Released claims or any part or portion thereof, and agrees to indemnify and hold harmless the City Released Parties from and against any claim, demand, controversy, damage, debt, liability, account, reckoning, obligation, cost, expense, lien, action or cause of action (including the payment of attorneys' fees and costs actually incurred whether or not litigation commenced) based on, in connection with, or arising out of any assignment or transfer or claimed assignment or transfer thereof.
10. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the Parties with respect to the separation of Mr. Grogan’s employment relationship with the City. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not contained in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
11. Applicable Law and Venue. This Agreement shall be interpreted according to the laws of the State of California. Venue of any action regarding this Agreement shall be in the Santa Clara County Superior Court.
12. Modification. Any modification of this Agreement shall be effective only if it is in writing and signing by all parties to this Agreement.
13. Severability. If any part of this Agreement is determined to be invalid, unlawful, or unenforceable, that part shall not be deemed to be part of this Agreement.
14. Legal Advice and Voluntary Execution. Each Party represents and warrants that it:
(a) had the opportunity to obtain legal advice from legal counsel of its choice before entering into this Agreement, (b) has read the contents of this Agreement; (c) fully understands the terms and consequences of this Agreement; (d) enters this Agreement voluntarily; and (e) shall not deny the validity of this Agreement on the grounds that it did not have advice of counsel or did not voluntarily and knowingly enter into this Agreement and agree to each of its terms.
15. Full Execution Authority. Each Party executing this Agreement warrants and represents that it or they have full authority to bind the corresponding Party to this Agreement.
16. No Admissions. By entering into this Agreement, the City Released Parties do not admit that they have engaged in, or are now engaging in, any unlawful conduct or employment practice. It is understood and agreed that this Agreement is not an admission of liability, and that the City specifically denies liability related in any manner to Mr. Grogan’s employment. The Parties agree that it is their mutual intention that neither this Agreement nor any terms hereof shall be admissible in any other or future proceedings against the City, except a proceeding to enforce this Agreement.
301447.14
17. Acknowledgment of Payment of Compensation/Benefits. Mr. Grogan acknowledges and affirms that they have been paid any and all compensation to which they are entitled pursuant to the terms of the Employment Agreement.
18. Tax Consequences. The City has made no representation about and takes no position on the tax consequences of this Agreement. A dispute regarding the tax status of this Agreement shall not affect the validity of this Agreement. Mr. Grogan has had an opportunity to discuss the potential tax consequences of this Agreement with their own counsel and agrees to indemnify and hold harmless the City from any and all costs and assessments including, but not limited to delinquent taxes, penalties and/or assessments levied against the City in connection with this Agreement.
19. Older Workers' Benefits Protection Act. It is the intention of the Parties that the releases contained in this Agreement apply to all claims of any kind against the City. In order to comply with the Older Workers' Benefits Protection Act (29 U.S.C. § 626(f)) and effectuate the release by Mr. Grogan of any potential claims under the federal Age Discrimination in Employment Act, Mr. Grogan agrees as follows: (i) they have carefully reviewed the foregoing Agreement, and understands the terms and conditions it contains; (ii) by entering into this Agreement they are giving up potentially valuable legal rights, and they intend to be bound by all the terms and conditions set forth herein; (iii) they are entering into this Agreement freely, knowingly, and voluntarily; (iv) they have been advised of their right to at least twenty-one (21) days to consider whether to agree to the terms and conditions set forth herein; and (v) for a seven (7) day period following their execution of this Agreement they may revoke this Agreement by delivering a written revocation to City, and this Agreement shall not become effective nor enforceable until the revocation period has expired.
THE UNDERSIGNED HAVE READ THE FOREGOING AGREEMENT AND ACCEPT AND
AGREE TO THE PROVISIONS CONTAINED HEREIN, AND HEREBY EXECUTE IT,
KNOWINGLY AND VOLUNTARILY AND WITH FULL UNDERSTANDING OF ITS CONSEQUENCES.
___________________________
Name:
Title:
City of Santa Clara
Date: ______________________
___________________________
Jovan D. Grogan
Date: ______________________
Approved as to Form and Legality:
___________________________
Name:
City Attorney
Date: ______________________
___________________________
Name:
Attorney for Jovan D. Grogan
Date: ______________________
301447.14
EXHIBI
T D
City Manager’s Directive 028 Travel Policy
City Manager’s Directive 028
Travel Policy
CMD 028 Page 1 of 12 DATE: July 1, 2022
CANCELS: June 19, 1997
POLICY The City of Santa Clara (the “City”) expects to pay all reasonable costs incurred by City employees traveling on approved City business; and City employees are expected to use sound fiscal stewardship when expending public funds, and to travel in the most logical and least expensive manner possible.
PURPOSE The purpose of this Travel Policy (the “Policy”) is to define the City’s expectations of its employees who travel in connection with their work responsibilities and to clarify which expenses the City will fund and which expenses are considered the personal responsibility of the traveler. This policy is not intended to cover short trips during work hours made by employees in the course of their regularly assigned work duties.
Local Travel Local travel is travel necessary to conduct official City business and is performed by the most direct route within and adjacent to an employee’s official worksite. Local travel is defined as less than 50 miles from the employee’ s home or place of business, whichever is the shortest distance. Comp ensation shall be based upon the number of miles between the trav el destination and either the employee’s designated work location or residence, whichever is the shortest distance. The City will not pay for lodg ing or per diem meal expenses related to local travel as defined above. The City will pay for transportation and parking costs related to the local travel.
Employees can settle their allowable local travel expenses through the petty cash reimbursement process if the request is less than the petty cash limit at the time of reimbursement. Requests larger than the petty cash limit require an accounts payable request for payment.
Conference
and Meeting
Attendance
City employees shall be authorized to join professional and public organizations and attend the meetings and conferences held by such organizations subject to adequate budget appropriations and adherence to this policy.
General
Procedures
and Guidelines
The Policy shall be reviewed annually by the City Auditor’s Office to ensure its consistency with respect to the City's objectives and any modifications must be approved by the City Manager.
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 2 of 12
CANCELS: June 19, 1997
Travel
Authorization
A. City Manager Pre-Travel Authorization Form Required.
City Manager (or designee) authorization is required in advance of travel or the commitment of City funds for the following:
Travel by Department Directors
Out-of-State travel by any staff
Any exception to this policy
Authorization shall be sought via submittal of a Pre-Travel Authorization Form (Attachment A).
B. Department Director Pre-Travel Authorization Form
Required.
In-state, overnight travel requires the approval of a
Department Director via submittal of a Pre-Travel
Authorization Form in advance of travel and the commitment of City funds.
C. Department Director or Designated Supervisor
Authorization Required.
A pre-travel authorization form is not required for local travel as defined above, where meal reimbursement, overnight or out-of-state travel is not concerned. Employees are required to obtain approval from their supervisor prior to any business travel for which the City is expected to pay for mileage, bridge tolls and/or parking. This approval can be via email, with a copy of email approval submitted with travel costs. Itemized receipts are necessary to receive reimbursement for all expenses whether through petty cash or accounts payable request for payment. An employee may not approve their own travel documentation under any circumstances.
Travel
Arrangements
Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. Registration for conferences and training shall be made far enough in advance to take advanta
ge of earl y (discounted) fees, and to avoid late
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 3 of 12
CANCELS: June 19, 1997
registration fees. If travel arran gements must be cancelled for any reason, the person who made the arrangements shall cancel them in sufficient time to prevent t he City from incurring unnecessary costs when possible.
At the Department Director’s discretion, one or more persons may be designated as a Travel Coordinator and be assigned
responsibility for making travel arrangements for all business travelers within a department. It is the City’s preference that all travel be booked by designated Travel Coordinators using their City Procurement Cards to secure travel arrangements ahead of all travel. Individual travelers may make their own travel arrangements with their personal credit cards and be reimbursed if it is not feasible for a travel coordinator to do so.
Transportation Travelers shall use whatever mode of transportation is the most reasonable and least expensive. W hen planning the transportation portion of a trip, the em ployee shall consider all aspects of cost to the City including daily expenses, overtime, lost work time as well as actual transportation costs.
Use of a mode of transportation ot her than the most reasonable and least expensive must be documented and have advance approval from the employee’s Department Director. The City will pay only the cost of the most reasonable and l east expensive mode. If the mode of transportation is determined to be a City vehicle, the traveler shall comply with the City Manager’s Directive (CMD) 21 Use and Maintenance of City Vehicles Incl uding General Government/Public Works Pool Vehicles. The difference between the selected mode and the least expensive mode shall be documented and considered the employee’s personal expense at the time of travel authorization.
This paragraph does not apply to s pecial accommodations made to qualified employees under the Am ericans with Disabilities Act provided that the alternate mode of transportation is approved in advance.
A. Air Travel.
Employees shall not limit their air travel options by specifying an airline. The airline offering the lowest fare for a reasonable route shall be selected.
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 4 of 12
CANCELS: June 19, 1997
B. Use of Personal Vehicle.
With the exception of empl oyees who have been assigned a City vehicle or who receive a car allowance, employees shall be compensated for the use of their private vehicl
es for
business travel at the current IRS standard mileage rate, provided that it is the most reasonable and least expensive method of transportation. Compensation shall be based upon the number of miles between the tr avel destination and either the employee’s designated work location or residence,
whichever is the shortest distance.
Employees that receive a car allowance and are required to travel greater than 50 miles from their work location or residence, whichever is the shortest distance, are eligible to be compensated for the use of their private vehicle for business travel at the current IRS standard mileage rate for miles traveled over 50 each way of the trip (e.g. if travel destination is 80 miles from the work location and 70 miles from the residence, then the employee will receive
reimbursement for 20 miles (70-50=20)).
Employees who do not receive a car allowance may also be compensated at the current IRS standard mileage rate for the use of their private vehicles for routine travel on City business between City facilities or to other locations in Santa Clara or the adjoining communities. Co mpensation shall be based upon the number of m iles between the travel destination and either the employee’s designat ed work location or residence, whichever is the shortest di stance. Employees must keep a log of such routine travel us ing the Mileage Reimbursement Log (Attachment C). Expense re imbursements for this type of mileage must be submitted monthly.
The City will reimburse all expense s, such as bridge tolls and parking fees, incurred as the result of an employee’s
authorized use of a vehicle while traveling on City business.
Employees requesting reimburse ment for the payment of
such expenses shall obtain it emized receipts and submit them as pa
rt of their travel expenses on the Travel Expense
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 5 of 12
CANCELS: June 19, 1997
Form. Also, whenever possible, employees attending the
same event shall travel together to minimize expenses.
To drive a City or privately-owned vehicle on City business an employee must possess a valid Ca lifornia driver’s license. An owner/driver of a privatel y-owned vehicle used for City business must carry adequate liabi lity insurance coverage in accordance with applicable State law, and be responsible for any damage, service, or repair to the car occurring on the trip, as these costs are included in the City’s per mile cost reimbursement.
In addition, the employee shall charge any additional
personal time spent outside of the normal reasonable travel time during normal work hours to vacation or a similar leave.
C. Train and Other Mass Transit.
Employees shall be compensated for train or other mass
transit fares and fees provided that it is the most logical and least expensive method of travel to the conference,
conference related events, or meeting site. Any incremental cost beyond the basic cost required for the employee to attend a conference or meeting shall be paid for by the employee. In addition, the employee shall charge any
additional personal time spent outside of the normal
reasonable travel time during normal work hours to vacation or a similar leave.
D. Ground Transportation at Destination.
Supplementary transportation within the destination city shall be accomplished by hotel courtesy buses or local shuttle services, if available. Taxi or ride-share (Uber/Lyft) service shall be used only when no other convenient, less costly mode of transportation is available for the employee to travel to the conference, conference related events, or meeting site.
Any incremental cost beyond the basic cost required for the employee to attend a conference or meeting shall be paid for by the employee.
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 6 of 12
CANCELS: June 19, 1997
E. Rental Vehicles.
Rental vehicles shall be used only when no other mode of transportation is available or when alternate transportation would be more expensive or impractical and must be
authorized in advance by the Department
Director. If a rental
vehicle is authorized, employees shall request the least expensive vehicle category that meets their needs.
Employees are required to purchase and shall be reimbursed for optional insurance coverage for the rental vehicle.
Optional insurance coverage shall include Damage Waiver (DW) (also referred to as Collision Damage Waiver (CDW)) and third-party liability coverage.
F. Travel Time.
Travel time is compensable under certain conditions identified in the Fair Labor Standards Act (FLSA). As a charter city, the City follows current FLSA regulations for determining the compensability for travel time. The FLSA regulations are available at:
http://www.dol.gov/whd/regs/compliance/whdfs22.htm
Lodging The City will pay lodging expenses for approved City travel, including the evening preceding or subsequent to a meeting or business event when the employee w ould otherwise have to travel from his/her residence before 6 a.m. or after 9 p.m. to reach or return from his or her destination. Local travel, as defined previously in this policy, does not qualify for City paid lodging expenses.
Employees are expected to use t he most cost-effective lodging reasonably available. When a confer ence or training session is held at a specific hotel, the City shall pay for actual lodging expenses up to the standard lodging rate advertis ed by the conference or training sponsor unless approved by the Depar tment Director as part of the travel authorization process.
When there is not a specific lodging site associated with official City business, the Cit
y shall pa y for actual lod ging expenses up to the
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 7 of 12
CANCELS: June 19, 1997
GSA maximum rate allowed by location
(http://www.gsa.gov/perdiem). Note that the GSA maximum rate applies to the base room rate only and does not include taxes. Any exception to applying the GSA rate due to the current market rates in the area of travel must be documented in writing and approved, pre-travel, by the Department Director.
Every effort shall be made to obtain lodging at or near the facility where official City business is to ta ke place to minimize travel time and transportation costs. The lodging should also be clean, safe and appropriate for business travel. Government rates are often available and should be sought. T he City will pay for standard room accommodations at the most co st-effective lodging reasonably available. Any incremental cost beyond that of a standard room shall be paid for by the employ ee unless a written exception has been approved by the City Manager (or designee).
Room reservations may be made in advance using a City
procurement card and the employ ee should request a copy of the hotel’s credit card authorization receipt as applicable. This will be used to authorize the hotel to char ge the total room cost, including all taxes, on the Travel Coordinator’s purchasing card. Employees shall personally pay for any additiona l expenses incurred, such as movie rental, mini-bar bills, room service, etc.
Employees shall cancel any reservations for lodging they will not use. Any charge for an unused reservation shall be considered the employee’s personal expense unless failure to cancel the reservation was due to circumstances reasonably beyond the employee’s control.
Meals A. Overnight Travel
The City will pay for an employee’s meals during authorized travel, including tax and tips and incidentals, up to the per diem amount established by the GSA for the des tination location (available at:
http://www.gsa.gov/perdiem) for a full day of trav el. Per GSA, rules, employees are only eligible for 75 percent of the total per diem amount on the first and last travel day. The Meals & Incidental Expenses (M&IE) column will be used to generate the per diem rate for meals. Use the
guide on http://www.gsa.gov/mie to breakdown
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Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 8 of 12
CANCELS: June 19, 1997
the per diem amount for each meal. For any meal that is provided by the conference or hotel the appropriate meal amount listed on http://www.gsa.gov/mie must be deducted from the reimbursement request.
The City will not pay for the following:
Meals that the employee elec ts to purchase from another source when the meals are included in the cost of a
conference, training registration fee, or hotel stay. In the event an exception is granted due to dietary restrictions, the meal will be reimbursed on an actual expense basis, up to the applicable GSA rate.
Alcoholic beverages.
B. Non-Overnight Travel
With regard to partial days of travel that is not overnight but exceeds the local travel guidelines detaile d above, the City will pay for meals on a pro-rated basis using GSA meal amounts, as follows:
If the partial day includes travel before 8 a.m. , the City will pay for the employee's breakfast.
If the partial day includes tr avel between 11 a.m. and 1 p.m., the City will pay for the employee's lunch.
If the partial day includes travel after 5 p.m., the City will pay for the employee's dinner.
Miscellaneous
Fees/Business
Expenses
A. Gratuities/Tips.
The City will pay reasonable a nd customary gratuities and tips during City business travel, which are included in the standard per diem rate per GSA guidelines.
B. Business Expenses.
The City will pay for goods and/or services deemed
necessary for the completion of official business, such as printer, copier, and computer usage, etc.; for internet usage at actual cost and for all bus iness telephone calls. Cellular phones are often mo
re cost-effective than using hotel phones
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Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 9 of 12
CANCELS: June 19, 1997
directly and should be consid ered as a primary option.
Whenever possible, employees shall anticipate the need for supplies and shall take what ever they will need with them instead of buying supplies at their destination.
C. Baggage Fees.
If the airline charges for all checked baggage, the City will cover the cost for one checked bag only. Excess baggage charges are not reimbursable.
D. Personal Expenses.
Personal expenses will not be paid by the City. In addition to those items identified as personal expenses throughout this Policy, personal expenses inclu de early bird flight check-in fee, change flight fee (except as otherwise set forth in this Policy), personal transportati on costs outside of the
conference or conference event site, personal telephone calls, in-room movies, spas and gyms, optional recreational events in connection with a conference, laundry or dry
cleaning, miscellaneous sundrie s, or other items of a
personal nature.
Personal travel shall not be mixed with business travel if it will result in (1) additional cost s to the City, (2) employee engaging in personal travel wh ile be compensated, or (3) harming the City’s interest in any way. Any extension of a trip for personal travel must be accompanied by Director approval and supporting documentation of what the trip would have cost with the original business itinerary. The City will reimburse the lesser of the original business itinerary cost or the extended trip cost due to per sonal travel. Any additional cost from the original business itinerary must be covered by the employee. The City will not pay for any expenses of a spouse or other person who a ccompanies an employee on
business travel.
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 10 of 12
CANCELS: June 19, 1997
Settlement of
Trip Expenses
Payment of travel expenses incu rred during the trip using City procurement cards is not permitted. Purchase cards may be used to pre-pay expenses such as flights, hotel, car rental, or conference registration (preferably by a Trav el Coordinator) or may pay these expenses by invoice through accounts payable.
Allowable expenses per this policy dur ing the trip are to be paid out of pocket by employees and reimbursed upon completion of travel.
The City will not provide any adv ance payment of travel costs directly to employees.
Travel
Reimbursement
All employee travel reimbursement requests require either direct supervisor or Department Head approv al prior to submitting to the City Auditor. Direct super visors can approve expense
reimbursement requests if there is no greater than a 10% variance between the pre-approved travel esti mate and the actual expense reimbursement requested. An y reimbursement request with a difference greater than 10% of the pre-approved estimate must be approved by the Department Director.
The City Auditor’s Office is responsible for review and has final approval of travel expense reimbursement requests. Approval shall be based upon the employee’s compliance or non-compliance with the requirements of this policy. Once approved by the City Auditor, the reimbursement request will be fo rwarded directly to accounts payable for processing and email notification will be provided to travel coordinators and/or the employee.
Within 30 days of an employee's return from a business trip, a final, department approved expense report associated with the trip shall be submitted to the City Auditor to be eligible for any reimbursement. The employee must complete a signed Travel Form and supporting documentation to substantiate all reported expenses with the exception of meals, as these are reimbursed based on GSA per diem rates. The documentation should be in its original form and include the following, if applicable:
Pre-travel request authorization as defined by this policy Invoice and trip itinerary from vendor
Event brochure or agenda for conf erence, training, or special event
City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 11 of 12
CANCELS: June 19, 1997
Any certificates of completion associated with event
Airfare receipt showing the travel dates and time
Parking receipts showing the travel date and amount paid Transportation receipts showing the travel date and full address to/from the event location
Car rental receipt showing the dates and number of days Final itemized hotel bill or statement showing all charges Documentation showing mile s between destination and the employee’s work location or residence to substantiate the shortest distance driven for mileage
A brief written explanation if a reporting item doesn’t have supporting documentation.
It is the employee’s responsibility to submit the travel expense reimbursement request within the specified timeline.
Uncompleted training will not be paid by the City unless the employee's failure to complete the training was due to a cause outside the employee's control as documented with a memorandum.
Advances The City does not offer advances to employees for travel.
Exceptions to
this Policy
This Policy does not claim to address all contingencies and conditions. However, any exception requires City Manager (or designee) approval in writing for anticipated/known exceptions or unanticipated/unplanned expenses. R equests for exceptions should be accompanied by the traveler’s written justification for the expense.
Examples of exceptions to this po licy include, but ar e not limited to, the following:
Unusual business expenses
Per diem and/or lodging expenses which exceed GSA limits The purchase of one or more meals from another source even though they were included in a conference and/or
seminar registration fee
The use of an alternate mode of transportation
Lodging expenses incurred during local travel
Travel costs exceeding av ailable budget appropriations City of
Santa Clara
The Center of What 's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 12 of 12
CANCELS: June 19, 1997
City Auditor to
Conduct
Periodic Audits
The City Auditor shall conduct periodic audits in accordance with generally accepted government auditing standards to ensure compliance with this travel policy. A udit results shall be submitted to the City Council.
Cross References:
CMD 49 - Membership in Professional Societies and Associations CMD 21 - Use and Maintenance of City Vehicles Including Gener al Government/Public
Works Pool Vehicles
Attachments:
A – Travel Authorization Form
B – Travel Expenses Reimbursement Form
C – Mileage Reimbursement Log
City of
Santa Clara
The Center of What 's Possible
301447.14
EXHIBIT E
Description of Duties
Description of Duties
for City Manager
CHARTER OF THE CITY OF SANTA CLARA
Article VIII. City Manager, Ordinances, Meetings
Sec. 802 Powers and duties
The Cit
y Manager shall be chief executive officer and the head of the administrative branch of the City government. He/she shall be responsible to the City Council for the proper administration of all affairs of the City and to that end, subject to the personnel provisions of this Charter, he/she shall have power and shall be required to:
(a) Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, except as otherwise provided by this Charter, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office. N o person related to the City Manager by blood or by marriage shall be eligible for office or employment in the City. (b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption.
(c) Manage the City-owned water and power departments in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City.
(d) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. (e) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable.
(f) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation to the City. (g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.
(h) Perform such other duties as may be prescribed by this Charter or required by him/her by the City Council, not inconsistent with this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
City of
Santa Clara
The Center of What's Possible
Description of Duties
for City Manager
SANTA CLARA CITY CODE
Title 2 Administration and Personnel
Chapter 2.15 City Manager
2.15.020 Duties and responsibilities.
a) The City Manager shall be the chief administrative officer and the head of the administrative branch of the City government, and shall be responsible to the City Council for the proper administration of all affairs of the City. The City Manager shall be an ex officio member of all boards and commissions and shall serve as chief liaison officer between such bodies and the City Council, but shall have no vote thereon. He shall represent the City in its dealings with the various municipalities and other levels of government unless otherwise provided by the City Council.
(b) The City Manager shall have executive direction of the heads of all departments except those holding elective offices and those appointed by the City Council. These officers shall cooperate with all executive policies and procedures established by the City Manager insofar as the same are not in conflict with their legal duties or direct responsibilities to the City Council. (c) The City Manager shall have the power to appoint, suspend, discipline or remove from service all other department heads and to perform or otherwise delegate their duties and responsibilities. (d) The City Manager may prescribe such procedures, rules and regulations, not inconsistent with the Charter or legal actions and policies formulated by the City Council, as he may deem necessary for the conduct of the various departments, and he may investigate and inquire into the affairs of any department at any time.
(e) The City Manager shall, subject to budget authorization and the civil service rules and regulations, appoint and dismiss all regular, probationary and temporary employees as needed. He shall also recommend salary classifications and grant step increases in pay where applicable, within the general pay plan approved by the City Council.
(f) The City Manager shall act as advisor to the City Council on fiscal administration and shall administer the pertinent fiscal affairs of the City. He shall prepare and submit the annual budget of the City and administer it upon adoption. He shall prepare and s ubmit annual financial statements and approve and submit periodically a list of claims and bills for payment. (g) The City Manager shall serve as the Director of Finance unless otherwise determined by the City Council. He shall also serve as Director of Civil Defense. (Ord. 947; Ord. 1039 § 21. Formerly § 2-16.1).
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-635 Agenda Date: 12/12/2023
REPORT TO COUNCIL
SUBJECT
Action on Written Petition (Council Policy 030) for Council Consideration on a Policy to Normalize and Make Consistent Speaking at Public Events and Consider a Policy to Include Powers for Councilmembers to Declare Proclamations in their Respective Districts
BACKGROUND
Council Policy 030 Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. After consultation with the City Manager (and/or City Attorney, as appropriate), the Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager’s Office for inclusion of an item on a future City Council agenda. An item may be referred to the City Manager for inclusion on a City Council agenda during a Council meeting by City Council action. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.
DISCUSSION
A written petition was received on September 5, 2023 by Councilmember Anthony Becker with the following request (Attachment 2):
“Consideration to normalize and make consistent speaking at public events and in addition, for a policy to include powers for Councilmembers to declare proclamations in their respective districts. While this is not prevented, a narrow interpretation of supported policies often leaves Councilmembers without a channel to address their constituents, even within their own districts. An inclusive policy would allow Councilmembers to address the public regardless of jurisdiction, especially within their representative districts. These interactions would be scheduled or agendize for each event and opportunity and coordinated with event planners, just like multi-jurisdictional events outside of the city. In addition, I would like this policy to also include powers for Councilmembers to declare proclamations in their respective districts.” At the September 12, 2023 Council meeting, a majority of the City Council voted in support of adding consideration of Councilmember Anthony Becker’s written petition on a future City Council meeting agenda between October and December 2023 for discussion. Also, Councilmember Raj Chahal requested clarification if Council Policy 020 was part of Councilmember Anthony Becker’s written petition and it was confirmed as part of the submitted petition.
As background, the City currently does not have a policy regarding if or how elected officials are invited to speak at public events. The City Charter Section 704 (Presiding Officer - Mayor) states the Mayor shall be the official head of the City for all ceremonial purposes. As reference, Council Policy 009 (“City Representation at Meetings, Ceremonies & Special Events”) (Attachment 3) addresses requests for Mayor and /or Council representation at meetings, ceremonies, or special events.
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23-635 Agenda Date: 12/12/2023
As background, Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) (Attachment 4) provides guidelines to identify the authority, criteria, and procedure for the recognition of individuals, groups, organizations, businesses, special periods of observance, or special occasions through the issuance of proclamations, commendations, or certificates of recognition.
ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
COORDINATION
This report was coordinated with the City Attorney’s Office and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
Provide direction to staff on any recommendations and refer to Governance and Ethics Committee for further review.
Approved by: Jovan D. Grogan, City Manager and Glen Googins, City Attorney
ATTACHMENTS
1. Council Policy 030 - Adding an Item on the Agenda
2. Written Petition from Councilmember Anthony Becker dated 09-05-23
3. Council Policy 009 - City Representation at Meetings, Ceremonies & Special Events
4. Council Policy 020 - Proclamations, Commendations and Certificates of Recognition City of Santa Clara Printed on 12/8/2023Page 2 of 2
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Revised 10/24/2023 CP 030
Resolution No. 23-9278
City of Santa Clara
Council Policy Manual
ADDING AN ITEM TO THE
AGENDA
PURPOSE The purpose of this Policy is to establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.
POLICY/
PROCESS FOR
CITY COUNCIL
MEMBERS
Referral from Members of the City Council in Advance of a Meeting:
After consultation with the City Manager (and/or City Attorney, as appropriate), the Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager’s Office for inclusion of an item on a future City Council agenda,.
An item may be referred to the City Manager for inclusion on a City Council agenda during a Council meeting by City Council action.
The procedure for written request from the City Council shall be as follows:
1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.
2. Prior to submitting a Council Item Request from, the Member shall discuss the proposed request with the City Manager (And/or City Attorney, as appropriate) to determine if City staff’s response does not satisfy the Member’s request, the Member shall submit the Council Item Request form for placement on a future City Council agenda.
3. Once the City Clerk’s Office receives the Council Item Request form, it should immediately be forwarded to the City Manager for placement on an agenda, is possible, within two (2) Council meetings after receipt of the original request by the City Clerk’s Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requestor without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide the direction to the City Manager.
Referrals from Members of the Council at the Council Meeting If an issue arises during a Council meeting that may require future City Council action a City Council member may also request, through a referral, that such item be agendized for future Council consideration.
Such a request may be considered by the Council following the
City of
Santa Clara
The Center of What's Possible
Revised 10/24/2023 CP 030
Resolution No. 23-9278
City of Santa Clara
Council Policy Manual
POLICY/
PROCESS FOR
COUNCIL
COMMITTEES
POLICY/
PROCESS
FOR
MEMBERS
OF THE
PUBLIC
“Procedure for Handling Requests at the City Council Meeting” set forth below.
Referral from a Council Committee:
Council Committees may request that an item to be considered for inclusion on a future City Council agenda by formal committee action. Any such request shall be submitted to the City Manager in writing. Provided the request is received two (2) days prior to the public release of the City Council agenda packet the item shall be included for consideration at that City Council meeting in accordance with the “Procedure for Handling Requests at the City Council Meeting” set forth below. .
Requests from Members of the Public:
Members of the public may request that an item be added to a City Council Agenda in any of the following ways:
1. Public Presentations: Any member of the public may address the City Council under the “Public Presentations” section of the agenda to make a request of the City Council to add an item to a future meeting.
If a member of the public wishes to provide a written petition of their request prior to their appearance at a Council Meeting they may be submitted as follows:
a. Email:
City Council: [email protected]
City Manager: [email protected]
b. MySantaClara App:
www.santaclaraca.gov/services/make-a-service-request
Note: Written Petitions will not be listed on the City Council agenda, and the member must be present at the meeting to present their request.
2. Individual City Councilmembers: Members of the public may directly petition individual City Councilmembers to request that an item be added to a future Council meeting. The Councilmember may then choose to submit the request through the Council referral process outlined in this Policy, above.
3. City Manager and City Departments: Members of the public may also petition the City Manager or City staff for specific action. The City Manager and/or staff may respond, as appropriate, directly to this request, or direct the member of the public to the other methods of petitioning the City outlined above.
City of
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Revised 10/24/2023 CP 030
Resolution No. 23-9278
City of Santa Clara
Council Policy Manual
PROCEDURE
FOR HANDLING
REQUESTS AT
THE CITY
COUNCIL
MEETING
1. At the meeting where the request to add an item to a future agenda is heard, Council discussion is limited to whether the item should be added to an agenda and a date, not the merit of the item. Valid considerations that can be discussed include whether the matter is within the City’s jurisdiction, being addressed in some other way, City resource requirements, legality, timing, and prioritization.
2. Council may take the following actions when a request is made:
a. No Action.
b. Refer the request to City staff for further study and a timely report back to Council.
c. Refer the item to a future annual Council Priority Setting session meeting.
d. Placement on a future Council meeting agenda for further consideration or action.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis
shall be prepared within thirty (30) days, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.
References
10/27/2020 Revised, Resolution No. 20-8895
Attachments: Council Item Request Form
City of
Santa Clara
The Center of What's Possible
COUNCIL ITEM REQUEST FORM
The Council Item Request F orm is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where th e initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the it em. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.
CONTACT INFORMATION
Requesting Member of City Council
Contact E-mail
Contact Phone
Today’s Date
WRITTEN REQUEST
I, , hereby request that the following item
be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:
Reference: Council Policy 030 – Adding an Item on the Agenda Resolution No. 23-9278
City of
Santa Clara
The Center of What's Possible
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initia l written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item . A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action .
CONTACT JNFORMA TION
Requesting Member of City Council _A_n_th_o_ny_B_ec_k_e_r __________ ____ _ Contact E-mail [email protected]
Contact Phone!!!!!!!!!!!..._ ____________________ _ _
Today's Date _9_14_12_0_2_3 _________________________ _
WRITTEN REQUEST
I, Anthony Becker , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:
SEE BELOW
Here is my 0-30 written petition below to be placed on the September 12th counci l meeting.
I am submitting for counci l consideration a policy to normalize and make consistent speaking at public events. While this is not prevented) a narrow interpretation of supported policies often leave~ Councilmembers without a channel to address their constituents, even within their own districts.
An inclusive policy would allow Councllmembers to address the public regardless of jurisdiction, especially within their representative districts. These interactions would be scheduled or agendasize for each event and opportunity and coordinated with event planners, just like multi jurisdictional events outside of the city. In addition, I would like this policy to also include powe rs for Councilmembers to declare proclamations in their respective districts. If city cou ncil agrees to this item I would like it placed on the Septembe r 19th meeting.
Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
City of Santa Clara
Policy and Procedure Manual
CITY REPRESENTATION AT MEETINGS, CEREMONIES & SPECIAL EVENTS Rev. November 1995 P&P 009 Page 1 of 1
POLICY The City shall be officially represented at meetings, ceremonies, and special events by the Mayor and/or City Co uncil. If the Mayor and/or Council Members are unavailable, then the City Manager (or a City employee assigned by the City Manager in certain situations) will be requested to represent the City. City Board and Commission members may represent the City on certain occasions, provid ed they have obtained the prior authorization of the City Council.
If an invitation to an event includes a guest, a Council Member may bring along an individual who is not an electe d or appointed official or City staff member.
This policy does not apply to inform al events where attendance is not related to official City representation.
PROCEDURE 1. Requests for Mayor and/or Council representation at meetings, ceremonies, or special events shall be referred to the Executive Assistant to the Mayor and City Council.
2. Invitations or requests for spea kers designated for the Mayor or a particular Council member or member s are referred directly to them by the Executive Assistant. If the Execut ive Assistant receives a request for someone to represent the City at an event or as a speaker, the following protocol shall be observed:
♦ The invitation shall be referred to the Mayor.
♦ If the Mayor is unable to attend, the invitation shall be referred to the Vice Mayor.
♦ If the Vice Mayor is also unable to attend, the invitation shall be referred to Council members in or der of their seniority on the Council.
♦ The City Manager shall be asked to represent the City at the meeting or event if the Mayor and Council Members are unable to attend.
For certain meetings or events, the City Manager, at his/her discretion, may assign a staff member to attend.
3. Council may officially request a City Board or Commission member to represent the City on certain occasions.
Reference: City Counc il-approved policy 11/7/95
City of Santa Clara
Council Policy Manual
PROCLAMATIONS, COMMENDATIONS, AND
CERTIFICATES OF RECOGNITION
Rev. January 2021 CP 020 Page 1 of 5
Resolution No. 21-8932
PURPOSE The purpose of this policy is to identify the authority, criteria, and procedure for the recognition of individuals, groups, organizations, businesses, special periods of observance, or special occasions through the issuance of proclamations , comm endations, or certificates of recognition. All p roclamations, commendations, and certi ficates of recognition are ceremonial documents.
POLICY
It is the policy of the City of Santa Clara (City) that requests for proclamations, commendati ons, or certificates of recognition shall be prepared in accordance with the adopted guidelines of this policy. In accordance with the City Charter, the Mayor shall be the official head of the City for all ceremonial purposes.
PROCLAMATIONS
It is the pol icy of the City that proclamations may be issued to honor or highlight a special period of observance ( e.g., days, weeks, months) , civic celebration, or recognition of a community, regional, state, or national occasion, and shall be made at the sole discretion of the May or in accordance with the criteria specified below:
1. The primary purpose of a proclamation is to give special recognition to issues, actions, and/or programs of significance to the citizens of Santa Clara.
2. Proclamations are issued to honor of special periods of obser vance (e.g., days, weeks, or mon ths), civic celebrations , or community, regional, state, or national occasions to cover issues that have widespread community interest with a primary emphasis on re quests in support of City Council’s goals and obj ectives. Citizens may call or petition to have a proclamat ion prepared, or the City Council may request one.
3. Only proclamations dealing with local, count y, or stat e issues that have a connection to the City will be processed. Proclamations must be consistent with the United States Constitution, the California State Constitution, the Santa Clara Municipal Code, and the various laws passed pursuant to those instruments.
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Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
PROCLAMATIONS, COMMENDATIONS, AND
CERTIFICATES OF RECOGNITION
Rev. January 2021 CP 020 Page 2 of 5
Resolution No. 21-8932
COMMENDATIONS
It is the po licy of the City that commendations may be iss ued to individuals, g roups, organizations, o r businesses with a conn ection to the City for milestones or major achievements that have community - wide significance, and shall be issued at the sole discretion of the Mayor in accordance with the criteria specified below:
1. Commendations are issued t o h onor individuals, groups, organizations, or businesses with a connection to the City for milestones or major achievements that have significant importance to the Santa Clara community, such as:
a. Local sports teams or individual athletes for winning regional, state, and/or national titles;
b. Local schools or students for winning competitions,
exhibitions, or championships at the state, national , and/or international level, or educators for receiving recognition at the regional, state, national, and/or international levels. c. Santa C lara businesses or organizations upon the
commemoration of a milestone anniversary;
d. Community groups or organizations, upon the
commemoration of a milestone anniversary, whose work has benefited the City and/or Santa Clara residents; or
e. Recognition of Santa Clara residents on the occasion of their 100
th birthday.
2. Upon request, commendations shall be issued to retiring City or Santa Clara Unified School District employees who have served for twenty years or more.
CERTIFICATES OF RECOGNITION
It is the policy of the City that certificates of recognition may be issued to individuals, groups, organizations, or businesses with a connection to the City for individual or group achievement, exceptional c ontributions to the Santa Cl ara community, or commemorative events or occasions, and shall be issued at the sol e discretion of the Mayor in accord ance
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The Center of What's Possible
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Council Policy Manual
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CERTIFICATES OF RECOGNITION
Rev. January 2021 CP 020 Page 3 of 5
Resolution No. 21-8932
with the criteria specified below:
1. Certificates of recognition are used to acknowledge individual or group achievement, contributions to the community, or to recognize a commemorative event or occasion, such as:
a. Individuals, community groups, or organizations whose volunteer efforts and/or philanthropi c works have benefitted the Santa Clara community and/or Santa Clara residents; b. S anta Clara students for academic achievement at the local or regional level (e.g., school valedictorian, placement at regional competitions or exhibitions);
c. Individuals, community groups, or org anizations for winn ing City competitions (e.g., Hal loween Holiday Decorating
Contest, Home Decorating Contest, etc.); or
d. Local organizations or businesses for commemorative events or occasions in Santa Clara (e.g., ribbon cutting ceremonies, grand opening ceremonies, etc.).
PROCEDURE PROCLAMATIONS
1. Proclamation requests should be addressed to th e Office of Mayor and City Council and submitted at least fifteen (15) business d ays prior to the beginning of the proclaimed time period of observance for which the requester seeks such recognition, and may be faxed, mailed, emailed, or hand-delivered. Proclamation requests should include either a sample proclamation that can be used as a guide or provide sufficient information to assist the Executive Assi stant to the Mayor and City Council in preparing the proclamation.
2. Proclamation requests should include:
a. Information and/or example(s) of how the request meets the proclamation criteria outlined in this policy;
b. Any background or historical information that w ill assist the Mayor in arriving at a decision;
c. An estimate of the number of residents of Santa C lara that belong to the group(s) whic h would b e honored by such a proclamation;
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The Center of What's Possible
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Council Policy Manual
PROCLAMATIONS, COMMENDATIONS, AND
CERTIFICATES OF RECOGNITION
Rev. January 2021 CP 020 Page 4 of 5
Resolution No. 21-8932
d. Notable qualities or characteristics of the group(s) which would be honored by such a proclamation; and
e. Other information pertinent to the proclamation request.
3. All proclamations require approval of the Mayor; however, i f the proclamation has been previously approved, it is likely considered as routine and will be prepared for the Mayor’s signature. All first- time proclamati on requests r equire t he Mayor’s approval before processing.
4. If the request meets the above- mentioned criteria and is approved by the Mayor, the Executive Assistant to the Mayor and City Council will prepare the proclamation for the Mayor’s signature. If th e proclamation is not being presented at a Council meeting or at an event by the Mayor or a Councilmember, the requester will be able to pick up the c ompleted proclamation a t Santa Clara City Hall or may request that the proclamation be mailed.
5. A report to Council (RTC) will be prepared annually by the Executive Assistant to the Mayor and City C ouncil, listing all proclamations prepared during the calendar y ear. A co py of the RTC and proclamation attac hments will be fo rwarded to the Local History Librarian.
COMMENDATIONS
1. C ommendation requests should be addressed to the Office of Mayor and City Council and submitted at least fifteen (15) business days in advance of the date the c ommendation is requested for, and may be faxed, mailed, emailed, or hand-delivered.
2. Commendation requests should include:
a. Information and/or example(s) of how the request meets the commendation criteria outlined in this policy;
b. Any background or historical i nformation that will assis t the Mayor in arriving at a decision; and
c. Other information pertinent to the commendation request.
3. I f the request meets the above-mentioned criteria and is approved by the Mayor, the Executive Assistant to the Mayor and City Council will prepare the commendation for the Mayor’s signature.
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Santa Clara
The Center of What's Possible
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Council Policy Manual
PROCLAMATIONS, COMMENDATIONS, AND
CERTIFICATES OF RECOGNITION
Rev. January 2021 CP 020 Page 5 of 5
Resolution No. 21-8932
4. If the commendation is not being presented at a Council meetin g or at an event by the Mayor or a Councilmember, the r equester will be able to pick up the completed commendation at Santa Clara City Hall or may request that the commendation be mailed.
5. A RTC will be prepared annually by the Executive Assistant to the Mayor and City Council, listing all retirement commendations issued to 20+ year City and/or Santa Clara Unified School District retirees during the calendar year and with copies of the retirement commendations attached. A copy of the RTC and commendation attachments will be forwarded to the Local History Librarian.
CERTIFICATES OF RECOGNITION
1. C ertificate of recognition requests should be addressed to the Office of the Mayor and City Council and submitted at least fifteen (15) business days in advance of the date the certificate is requested for, and may be faxed, mailed, emailed, or hand-delivered.
2. Certificate of recognition requests should include:
a. Information and/ or example(s) of how the request meets th e certificates of recognition criteria outlined in this policy; b. Any background or historical information that will assist the Mayor in arriving at a decision; and
c. Other information pertinent to the certificate of recognition request.
3. I f the request meets the above-mentioned criteria and is approved by the Mayor, the Executive Assistant to the Mayor and City Council will prepare the certificate of recognition for the Mayor’s signature.
4. If the certificate or recognition is not being presented at a Council meeting or at an event by the Mayor or a Councilmember, the requester will be able to pick up the completed certificate of recognition at Santa Clara City Hall or may request that the certificate of recognition be mailed.
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1444 Agenda Date: 12/12/2023
REPORT TO COUNCIL
SUBJECT
Action to Consider Releasing to the Public the Investigative Findings Prepared by the Van Dermyden Makus Law Firm Regarding a Complaint of Alleged Misconduct at the August 30, 2022 Closed Session Meeting
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On November 1, 2023, the City Clerk's Office received a 030 request from Councilmember Becker (Attachment 1) requesting that the City Council consider releasing to the public the Executive Summary of Investigative Findings prepared by the Van Dermyden Makus Law Firm regarding a complaint of alleged misconduct at the August 30, 2022 Closed Session of the City Council ("Full Investigative Report"). This 030 submittal formalized a request that Councilmember Becker had originally made via email to the City Attorney back on August 31, 2023.
What had previously been released to the public with respect to this matter in response to various Public Records Act requests were the "Closure of Investigation" letters sent by the Sloan Sakai law firm to all involved parties dated December 9, 2022 ("Closure Letters"). This occurred in January of 2023. (As an example, Attachment 2 to this report is the closure letter that was sent to Councilmember Becker and subsequently disclosed.) The Full Investigative Report, upon which the findings in the Closure Letters was based, was not released back in January 2023 based upon the City's assertions that the report was exempt from disclosure as a personnel record (Government Code Section 7927.700), and that attorney-client and deliberative process privileges also applied (Government Code Section 7927.705, and Evidence Code Section 952).
Councilmember Becker originally requested the report for himself via email to the City Attorney back in May of 2023. As a subject of the report, it was determined that Mr. Becker was entitled to the report, but that so too were Mayor Gillmor and Councilmember Watanabe, as the parties that had made the allegations. Accordingly, all three parties were provided a copy of the report via email on June 30, 2023. In a follow up email, the parties were informed that based on attorney-client privilege and past practices with respect to such matters, the Full Investigative Report should not be shared with the public, and that such decision could only be made by action of the City Council.
Councilmember Becker's request before you tonight is for the release of the Full Investigative Report upon which the findings in the Closure Letters are based.
DISCUSSION
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The decision whether or not to release the Full Investigative Report is a policy decision within the discretion of the City Council. There is no legal prohibition on the release of the report; nor is there any clear legal mandate requiring its release. There are, however, both legal and policy factors that should be considered as part of City Council's deliberations on this issue. These issues are discussed in more detail below. Not discussed or presented here-as beyond the appropriate scope of staff's professional role in this matter-are any political or personal factors that Councilmembers might raise or consider in making their decision.
Attorney-Client Privilege
The "attorney-client privilege" is a legal privilege that protects the confidentiality of communications between a lawyer and their client. Communications protected under the privilege are generally not subject to disclosure under the Public Records Act and not subject to "discovery" in a civil lawsuit.
The privilege is intended to encourage the free flow of information from clients to their attorneys and, similarly, the free flow of advice from attorneys to their clients, based on the understanding that such information and advice will not be subject to disclosure outside the "attorney-client" relationship.
There are exceptions to the attorney-client privilege. For example, an attorney may be legally or ethically required to disclose attorney-client privileged information if such disclosure is necessary to prevent a criminal act or where some superseding legal principle or directive requires disclosure. In most circumstances, the attorney-client privilege can also be waived. Legally "the client" is the holder of the attorney-client privilege. Accordingly, any affirmative act taken to waive the privilege and to disclose what might otherwise be protected as confidential information, should be made by the client.
In most cases involving cities, the "client" that "holds" the privilege is the City Council.
In considering how the attorney-client privilege applies in this case we considered the following factors: Although the Full Investigative Report does not constitute legal advice per se, and the information summarized from interviews with City officials was provided by them in their individual capacities, the report was prepared on behalf of the City in connection with a City-initiated investigation, at the direction of the Sloan Sakai law firm. The report itself was prepared by another law firm, Van Dermyden Makus Law Firm, and was expressly marked "attorney-client privileged." Applied to these circumstances, we believe that the Full Investigative Report is protected by the attorney-client privilege. Furthermore, because the report relates to allegations and actions made by and against high-ranking elected and appointed City officials, in this case, the most appropriate representative of the City (as the "client") and the holder of the privilege is the City Council.
Accordingly, any decision regarding whether or not to waive the applicable attorney-client privilege and to release the Full Investigative Report, should be made by the City Council.
Just because the attorney-client privilege can be waived, doesn't necessarily mean it should be waived in any given circumstance. The privilege exists for a reason. Consequences such as a potential chilling effect on communications, and a negative impact on the City's position in ongoing legal or business matters should always be considered. Strictly from a risk management standpoint, in deciding whether or not to waive attorney-client privilege, the primary consideration should be: is there information that, if disclosed, exposes the City to third party claims (e.g., identification of City conduct that could trigger City liability), or that might reveal City legal strategies to prospective plaintiffs (e.g., the City's calculus in deciding whether or not to settle a lawsuit). There is also the issue of precedent. Although any decision to waive the attorney client privilege is separate and distinct, and need not be viewed as setting legal precedent for any other such decision, a decision to waive the privilege in one case could encourage or put pressure on decisions in other analogous or City of Santa Clara Printed on 12/8/2023Page 2 of 6
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similar circumstances, contrary to what are considered "best practices" to maintain the privilege.
Closed Session Disclosure
A related issue is the fact that the Investigative Report includes references to statements and actions that occurred in Closed Session. As you know, except in certain circumstances, state law prohibits an individual Councilmember (or any other closed session participant) from disclosing "confidential information" out of closed session "unless the legislative body authorizes disclosure of that confidential information." [Govt. Code Section 54963(a)] For purposes of this section, "confidential information" means a communication made in a closed session that is specifically related to the subject matter that forms "the basis for the legislative body of a local agency to meet lawfully in closed session . . .." [Govt. Code Section 54963(b)] While the incident occurred during a properly called closed session, the challenged statements themselves do not appear to reveal any substantive confidential information related to the subject matter of the closed session. To the extent, however, any information in the Investigative Report does constitute the kind of "confidential information" prohibited from disclosure under state law, a formal vote by the Council authorizing its release would overcome such prohibition.
Public Records Act Requirements
In general, under the California Public Records Act ("CPRA") any "record" of the City that represents the final output of a business process or decision is a "public record" that must be disclosed to the public upon request. [Govt. Code Sections 7920.530, et seq.] There are number of exceptions to this general rule, however. The exceptions most applicable with respect to the Investigative Report are that the report is exempt from disclosure as a personnel record (Government Code Section 7927.700), and that attorney-client and deliberative process privileges apply (Government Code Section 7927.705, and Evidence Code Section 952). The City has fairly consistently invoked these exemptions and privileges in the past in response to CPRA requests for many forms of "personnel records" containing private information. There is a trend in the law, however, that suggests where high-ranking City officials are involved, the privacy rights associated with personnel records may be given less weight relative to the principle of "the public's right to know" which lies at the center of the CPRA.
City staff was balancing these interests back in early 2023 when, in response to CPRA requests, the Closing Letters containing the actual findings of the investigation were provided to the public, but the Full Investigative Report, containing all the investigative details from the interviews with involved parties upon which the findings were based, was not. The considerations and factors that go into this type of balancing of interests are discussed in greater detail, immediately below, in the Personnel Records/Privacy Interests section of the report.
Personnel Record/Privacy Interests
Personnel records are those records that relate specifically to an employee's employment relationship with his or her employer. These include records reflecting an employee's appointment, commendations, promotion, wage changes, and termination. Administrative matters such as the employee's election or modification of various benefits options are also included in the personnel file.
Records pertaining to potential action by the appointing authority - such as investigations, disciplinary actions, and grievances - are also maintained in the personnel file.
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23-1444 Agenda Date: 12/12/2023
law. For example, records reflecting the wages paid to a public employee are clearly public records.
On the other hand, benefits elections that reveal details about the employee's personal life are quite clearly confidential personnel records. In the middle ground are administrative records such as personnel investigations and disciplinary documents that the public undoubtedly has some interest in seeing, but that could also negatively impact an employee's privacy and liberty rights, as well as create a barrier to future complainants/witnesses reporting potential wrongdoing (which is a self- defeating result); such cases require a more fact-sensitive analysis.
When the City receives a request to make public a personnel investigation report, staff in Human Resources, the City Attorney's Office, and the City Manager's Office analyzes the nature of the allegations, the facts revealed in the investigation (including the extent to which witness testimony is implicated), the conclusions reached by the independent investigator, the potential for further disciplinary action, and the positions held by the involved parties, in order to determine whether any part of the report can be publicly released in light of the personnel exemption (other bases such as the attorney-client privilege are analyzed separately). Historically, and as a matter of past practice, after a review of the materials and these factors, the City has concluded that the violation of the employee's privacy rights, liberty interest, and adverse impact on complainants/ witnesses, tends to require the City to assert the personnel files exemption over the report and accompanying materials.
It is important to note that, apart from this case, prior similar analysis has involved cases with at least one regular full-time employee. It appears that, to date, the City's position that such investigation reports qualify for this exemption has not been challenged by any requester, likely because of the inherent logic of the City's position in cases involving regular employees.
The analysis and conclusions relating to the confidentiality of personnel records differs in some respects when the involved parties are high-ranking (elected) officials, as opposed to lower-level regular employees of the agency. The instant matter, where the primary parties are all elected officials, is one of first impression for the City. Generally, in cases involving high-ranking officials or public employees in a position of authority/ care over others, courts have held that the public has a right to know about findings of egregious conduct, and that the public's right to know outweighs the employee's privacy interest. In this case, while we do have high-ranking officials involved, we do not have any actual finding of egregious conduct, as has already been stated to the public by virtue of the Closing Letters. Therefore, the initial assertion of the personnel record exemption under the CPRA was determined to be appropriate here.
Assertion of practically any CPRA exemption (including the personnel exemption) is permissive only, meaning that the public agency may, but is not required to, assert the exemption. Therefore, the City could decide that in this case, where the Closing Letters have already been made public (such that the conclusions are already known), and considering the already reduced privacy interest of high- ranking officials, the public's right to know outweighs any such interest. This in turn diminishes the import of asserting the personnel exemption. On the other hand, whenever any personnel matter investigation matter is involved, privacy interests, a potential chilling effect on future investigations, and precedent setting remain valid considerations. In this context, ultimately, it is a policy decision for the City Council on how to balance such interests and whether to assert the exemption or waive it.
Note Regarding Notices Provided to Other Involved Parties Some staff members present at the closed session were also named in the Full Investigative Report.
Those staff members have been notified of this agenda item and the council's potential action.
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23-1444 Agenda Date: 12/12/2023
Additional Legal Considerations
Given the legally sensitive nature of this matter, as a supplement to this report, Council will also be provided a confidential legal memorandum prepared by this office and the Colantuono law firm ("Confidential Memorandum"). Please refer to that memorandum for additional information and analysis regarding a number of the issues presented here. Councilmembers should refrain, of course, from discussing the details of the Confidential Memorandum as part of Council’s public deliberations.
Conclusion
Ultimately, the decision of whether or not to release the Investigative Report to the public is a decision within the policy discretion of the City Council. There are a number of legal and policy implications that should be considered, however, and any decision to release the report should not be made lightly. This report has presented a summary of what we believe are the most germane considerations in making this decision. The City Council should weigh those considerations carefully before proceeding. Pending such a decision, no individual City Council member should disclose all or any portion of the contents of the full Investigative Report.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.
FISCAL IMPACT
Other than the staff time and associated fees for outside counsel advice incurred in connection with the analysis and preparation of this item for Council consideration, there is are no fiscal impact associated with the City Council decision itself.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website and in the City Clerk's Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk's Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Waive any attorney-client privilege, closed session disclosure limitation, and personnel record exemption associated with the Full Investigative Report and vote to release the report to the to the public.
2. Vote not to release the Investigative Report to the public.
3. Take no action.
RECOMMENDATION
Staff recommends that the City Council consider all factors presented in this report and take such action as it deems appropriate.
Prepared by: Glen R. Googins, City Attorney
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23-1444 Agenda Date: 12/12/2023
Sujata Reuter, Chief Assistant City Attorney
Approved by: Glen R. Googins, City Attorney
ATTACHMENTS
1. Council Written Request submitted by Councilmember Becker dated 11-1-2023
2. Closure of Investigation Letter from Sloan Sakai to Councilmember Becker dated December 9, 2022
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City of
Santa Clara
The Center of What's Possible
RECEIVED
NOV 1 2.D23
City Clerk's Offim)UNCIL ITEM REQUEST FORM
City of Santa Clara .
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.
CONTACT INFORMATION
Requesting Member of City Council _A_n_th_o_n.:....y_B_e_ck_e_r _______________ _ Contact E-mail abecker@santaclaraca .gov
Contact Phone (408) 691-4907
-----------------------------
Tod a y 's Date _1_1_-1_-2_0_2_3 _________________________ _
WRITTEN REQUEST
I, Anthony Becker , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:
Request from Councilmember Becker to Agendize for Future Council consideration the Release to the Public of the Report of the Investigative Findings Prepared by the Van Dermyden Makus Law Firm regarding a complaint of alleged misconduct at the August 30th, 2022 Closed Session of the City Council.
Item to be placed on the November 7th , 2023 agenda per a prior discussion with the City Attorney .
Reference: Council Policy 030 -Adding an Item on the Agenda Resolution No. 23-9278
SLOAN SAKAI YEUNG & WONG LLP EMERYVILLE | SACRAMENTO
2200 Powell Street, Suite 450 Emeryville, CA 94608 O: 510.995.5800 F: 415.678.3838 www.sloansakai.com
GENEVIEVE NG
415-678-3830
[email protected]
December 9, 2022
Via E-mail
[email protected]
Anthony Becker, Council Member
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Re: Closure of Investigation
Council Member Becker:
As you know, the City retained an outside investigator, Anjuli Fiedler of Van Dermyden Makus, to investigate allegations made against you. Ms. Fiedler is a licensed attorney and experienced investigator. She had full freedom to conduct the investigation as she saw fit without interference or influence from the City. As part of the investigation, she interviewed numerous individuals, including yourself, and reviewed documentary and video information and evidence.
The investigation has concluded. Based on a preponderance of the evidence standard, which means that evidence on one side outweighs the evidence on the other side, Ms. Fiedler did not sustain any of the allegations made by Mayor Gillmor or Council Member Watanabe against you related to the incident that took place during open and closed session meetings on August 30, 2022. Specifically, Ms. Fiedler did not find that you made “hostile,” “bullying” or “unprofessional” comments to Mayor Gillmor during the open session meeting nor did you “threaten” her during the closed session meeting. Ms. Fiedler did not find sufficient evidence to support a finding that you raised your middle finger toward Council Member Watanabe during the closed session meeting. Ms. Fiedler did find that you said “eff off” to her during the closed session meeting, but this action was mitigated by the fact that you said this in a low tone and not in a raised voice as alleged and it was said in response to profanity directed towards you. The Investigator found this action to be unprofessional, but not hostile or bullying.
The City appreciates your participation and cooperation in this investigation. As previously discussed, the City takes such allegations very seriously and will not tolerate inappropriate behavior in the workplace. Everyone is encouraged to bring such matters to our attention at any time, without fear of any adverse action being taken against them for doing so. Please be aware that no employee may retaliate against an individual reporting any incidents of violations of City policy, local, state or federal laws or regulations, or participating in an investigation of incidents Sloan Sakai
AT T ORNEYS A T L AW
Anthony Becker, Council Member
December 9, 2022
of alleged violations. Please report any perceived incidents of retaliation to me as soon as possible.
Your complaints against Mayor Gillmor and Council Member Watanabe have been provided to Interim City Attorney Steve Ngo for follow-up.
Thank you for your cooperation in the investigative process.
Sincerely,
Genevieve Ng
Sloan Sakai
ATTORNEYS AT LAW