GREEN BUILDING STANDARDS CODE AMENDMENTS
CODE SECTION CONDITION EXPLANATION
A5.601.1 Climatic and
Topographic
Environmental resources in the County of Los Angeles are scarce due to varying, and occasionally immoderate,
temperatures and weather conditions. Expanding the scope of the mandatory requirements of this Code for
nonresidential buildings and residential buildings of seven stories or greater in height that are greater than or equal to 25,000 square feet in floor area will achieve a greater reduction in greenhouse gases, higher efficiencies of
energy, water, and material usage, and improved
environmental air quality.
EXISTING BUILDING CODE AMENDMENTS
CODE SECTION CONDITION EXPLANATION
302.6.1 to 302.6.3 Geologic The greater Los Angeles/Long Beach region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including, but not limited to, the 1994
Northridge Earthquake. The purpose of the amendments is to prevent inadequate construction or bracing to increase resistance to horizontal forces, thus minimizing hazards to life or property in the event of an earthquake.
City Council Agenda Report
Agenda Item No. 7.d.
DATE: December 2, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Iyob Tessema, Director of Human Resources & Risk Management
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-105, APPROVING AND ADOPTING THE CITY OF SOUTH
EL MONTE POLICY MANUAL AND REPEALING
RESOLUTION NO. 83-2595
SUMMARY: Staff seeks City Council consideration and approval of Resolution No. 25- 105 adopting the City of South El Monte Policy Manual (“Policy Manual”).
RECOMMENDED ACTION: Staff recommends City Council approve Resolution No. 25- 105, adopting the City of South El Monte Policy Manual. The Policy Manual was developed with the assistance of Lexipol, an external personnel consultant, which worked collaboratively with the City’s Human Resources Department to produce comprehensive and updated personnel rules.
FISCAL/FINANCIAL IMPACT: There is no fiscal impact.
DISCUSSION: Staff seeks City Council consideration and approval of Resolution No. 25- 105 adopting the City of South El Monte Policy Manual (“Policy Manual”), which replaces the Personnel Rules previously adopted under Resolution No. 83-2595 on November 10, 1983. The Policy Manual modernizes outdated procedures, improves internal consistency, and provides clearer guidance for employees. Upon passage of the Policy Manual, City management will meet and confer with Teamsters Union 911 regarding its implementation. The Policy Manual will be used in conjunction with the City’s Administrative Code, and the existing Memorandum of Understanding agreed upon by both bargaining units representing the City Workforce.
ATTACHMENT(S):
A. Resolution No. 25-105
B. City of South El Monte Policy Manual
C. Resolution 83-2595 - Personnel Rules
ATTACHMENT A
RESOLUTION NO. 25-105
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING AND ADOPTING THE CITY OF SOUTH EL
MONTE POLICY MANUAL AND REPEALING RESOLUTION
NO. 83-2595
WHEREAS, the City of South El Monte (“City”) has the authority to establish personnel rules governing the employment, conduct, and discipline of its employees; and WHEREAS, on November 10, 1983, the South El Monte City Council (“City Council”) approved resolution No. 83-2595 adopting “Personnel Rules” for the administration of personnel in order to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management within the municipal government; and WHEREAS, it is appropriate to revise and update the Personnel Rules to ensure compliance with current State and Federal laws and to make clarifying and organizational improvements; and
WHEREAS, the City’s Human Resources Department worked collaboratively with Lexipol, an external personnel consulting firm, to prepare the updated document now titled the City of South El Monte Policy Manual (“Policy Manual”); and WHEREAS, the City Council finds that adoption of the Policy Manual is in the best interest of the City and its employee’s; and
WHEREAS, upon adoption of the Policy Manual, any prior personnel rules, policies, or provisions inconsistent with the newly adopted rules shall be superseded and rendered null and void; and
WHEREAS, the City will meet and confer with any affected employee organization regarding the implementation of the Policy Manual.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The aforementioned recitals are incorporated herein by reference as set forth in full.
SECTION 2. Resolution No. 83-2595 is hereby repealed.
SECTION 3. The South El Monte City Council hereby approves and adopts the City of South El Monte Policy Manual attached hereto as Exhibit A, as the official personnel rules of the City of South El Monte.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution.
The City Council hereby declares that it would have passed this resolution and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional,
without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
SECTION 6. The Resolution shall take effect immediately upon its adoption by City Council.
PASSED, APPROVED AND ADOPTED this 2nd day of December 2025.
Gloria Olmos, Mayor
ATTEST:
Adrian Garcia, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 25-105, was passed and approved by the City Council of the City of South El Monte, at a regular meeting of said Council held on the 2nd day of December 2025, and that said Resolution was adopted by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
Adrian Garcia, MMC, City Clerk
City of South El Monte Policy Manual
Custody Policy
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Copyright Lexipol, LLC 2025/11/26, All Rights Reserved. PERSONNEL POLICIES - 1
PERSONNEL POLICIES
CITY OF SOUTH EL MONTE
PERSONNEL POLICIES
Approved and Adopted by Resolution Number: __________________
ATTACHMENT B
City of South El Monte Policy Manual
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Published with permission by City of South El Monte
Copyright Lexipol, LLC 2025/11/26, All Rights Reserved.
Table of Contents
PERSONNEL POLICIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Chapter 1 - Role and Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 100 - Policy Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 101 - Standards of Conduct for Elected Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 102 - Standards of Conduct for All Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Chapter 2 - Organization and Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 200 - Information Technology Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 201 - Local Government Use of Social Media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 202 - Subpoenas and Court Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 203 - Limited English Proficiency Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 204 - ADA Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 205 - Emergency Management Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 206 - Volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 207 - Electronic Communication Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 208 - Fuel Card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 209 - Purchasing and Procurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Chapter 3 - Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 300 - Key Access Device Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 301 - Public Safety Video Surveillance System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 302 - Use of Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 303 - Holiday Displays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 304 - Memorials on Public Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 305 - Flags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Chapter 4 - Equipment and Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 400 - Local Government-Owned and Personal Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 401 - Personal Communication Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 402 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 403 - Vehicle Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 404 - Vehicle Safety Restraints/Safety Belts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 405 - Personal Protective Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 406 - Physical Asset Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 407 - Generative Artificial Intelligence Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 408 - Cybersecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Chapter 5 - Records and Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 500 - Records Maintenance and Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 501 - Protected Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 502 - Personnel Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Chapter 6 - Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 600 - Recruitment and Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 601 - Performance Evaluations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 602 - Discriminatory Harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 603 - Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 604 - Anti-Retaliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 605 - Drug-and Alcohol- Free Workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 606 - Communicable Diseases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 607 - Smoking and Tobacco Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Table of Contents - 2
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Copyright Lexipol, LLC 2025/11/26, All Rights Reserved. 608 - Meal Periods and Breaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 609 - Lactation Breaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 610 - Payroll Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 611 - Overtime Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 612 - Work-Related Illness and Injury Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 613 - Temporary Modified-Duty Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 614 - Speech, Expression, and Social Networking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 615 - Illness and Injury Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 616 - Workplace Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 617 - Outside Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 618 - Family and Medical Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 619 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 620 - Paid Sick Leave to All Part-Time Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 621 - Petty Cash Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 622 - Conflict of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 623 - Fitness and Wellness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 624 - Personal Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 625 - Personnel Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 626 - Patient Protection and Affordable Care Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 627 - Social Media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 628 - Criminal Background Check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 629 - Telecommuting and Flexible Work Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 630 - Probationary Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 631 - Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 632 - Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 Chapter 7 - Title VI Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 700 - City of South El Monte Title VI Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Attachments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 Consent Form.pdf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 Electronic Communications Systems Policy Acknowledgement.pdf . . . . . . . . . . . . . . . . . . . . . . . . 271 Appendix B - Agreement and Request Form.pdf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 Mobile Phone Justification Form.pdf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 Volunteer Acknowledgement of Workers Compenation.pdf . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 Volunteer Application.pdf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 Confidentiality Agreement.pdf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 Appendix A - Acknowledgement.pdf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 City Logo.png . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 City Logo.png . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 City Logo.png . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 Table of Contents - 3
City of South El Monte Policy Manual
Custody Policy
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Chapter 1 - Role and Authority
Role and Authority - 4
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Policy
Policy Manual
100.1 PURPOSE AND SCOPE
The manual of the City is hereby established and shall be referred to as the Policy Manual or the manual.
The manual is a statement of the current policies, procedures, rules, and guidelines of this city. All employees are to conform to the provisions of this manual.
All prior and existing manuals, orders, and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, orders, and other regulations that have not been included herein shall remain in effect where they do not conflict with the provisions of this manual. 100.2 POLICY
Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines.
It is recognized that circumstances may arise that warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to employees of this city under the circumstances reasonably available at the time. 100.2.1 DISCLAIMER
The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the City and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials, or its employees. Violations of any provision of any policy contained within this manual shall only form the basis for administrative action, training, or discipline. The City reserves the right to revise any policy content, in whole or in part. 100.3 AUTHORITY
The City Manager shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state, and local laws, rules, and ordinances. The City Manager or the authorized designee is authorized to issue directives, which shall modify those provisions of the manual to which they pertain. Directives from the City Manager or the authorized designee shall remain in effect until such time as they may be permanently incorporated into the manual.
100.4 DEFINITIONS
The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning:
Anniversary Date - The date of full-time employment, reinstatement, or promotion that is observed on an annual basis for salary increases and benefits.
Policy Manual - 5
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Policy Manual
Appointing Authority - The city manager shall be the appointing authority.
Appointment - The offer to an individual of a position in a classification.
Classification - A position or positions assigned to the same job title.
Classified Service - All classifications in the city service except those in the unclassified service.
Day - A calendar day.
Demotion - A reduction in the pay rate of an employee up to 15%.
Department Director - An individual having the responsibility of heading a city department.
Discharge - The involuntary termination of an employee for a legitimate reason for a disciplinary purpose.
Elected official - Any individual who serves in the City government based upon selection by a public vote, as well as any individual who is appointed or otherwise selected to fill such a position that has been vacated prior to the conclusion of the elected individual's term.
Eligible - An individual satisfactorily completing the examination process for a classification and available for appointment.
Employee - An individual employed by the City through city payroll and assigned to a classification in the classified service, including:
Employment List - A listing of names of individuals eligible for appointment to a classification.
Manual - The City Policy Manual.
May - Indicates a permissive, discretionary, or conditional action.
Pay Range - A level of pay established in the compensation plan.
Pay Rate - A specified dollar amount assigned to merit step Within a pay range.
Personnel Director - The city manager shall be the personnel director.
Position - The duties and responsibilities assigned to an employee within a classification.
Prevailing Pay Rate - The regular, hourly pay rate assigned to an employee.
Promotion - The appointment of an employee to a different classification with a higher pay rate. • Full-time and part-time employees.
• Appointed personnel. This does not include persons appointed to fill an elected official vacancy.
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Rejection - The termination of a probationary employee or the assignment of a promotional appointee to a former classification during the probationary period.
Reprimand - A reprimand is a written criticism of an employee's work performance and issued to an employee in accordance with administrative policies and procedures.
Seniority - The total time employed as a full-time employee of the City and the time employed as a parttime or interim employee if such time was spent working the duties of a full-time position.
Service - Employment with the City.
Shall or will - Indicates a mandatory action.
Should - Indicates a generally required or expected action, absent a rational basis for failing to conform.
Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of other city employees, directing the work of other employees, or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment.
The term "supervisor" may also include any person (e.g., lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank, or compensation.
Suspension - The temporary separation of an employee from employment, without pay, for a legitimate reason for a disciplinary purpose.
Termination - The separation of an employee from employment with the city.
Transfer - A transfer is the assignment of an employee from one position to another position in the same classification.
Unclassified Service - The unclassified service consists of the following:
• Elective officers
• Individuals serving on boards, commissions, and agencies • Individuals performing services under contract
• City attorney
• Individuals performing services during a declared emergency • Individuals appointed to part-time or seasonal classifications • City manager
• Volunteers
• Individuals performing services on a temporary basis.
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Policy Manual
100.5 ISSUING THE POLICY MANUAL
An electronic version of the Policy Manual will be made available to all employees on the city network for viewing and printing. No changes shall be made to the manual without authorization from the City Manager or the authorized designee.
Each employee shall acknowledge having access to and having the opportunity to review the Policy Manual and any directives issued by the City Manager or the authorized designee. Employees shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 100.6 PERIODIC REVIEW OF THE POLICY MANUAL
The City Manager will ensure that the Policy Manual is periodically reviewed and updated as necessary. 100.7 REVISIONS
All revisions to the Policy Manual will be provided to each employee on or before the date the policy becomes effective. Each employee will be required to acknowledge having reviewed the revisions and shall seek clarification from an appropriate supervisor as needed.
Employees are responsible for keeping abreast of all Policy Manual revisions.
All city employees suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their supervisors, who will consider the recommendations and forward them to the City Manager as appropriate.
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Policy
Standards of Conduct for Elected Officials
a.
b.
101.1 PURPOSE AND SCOPE
This policy establishes standards of conduct expected of all elected officials. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions, but they do identify many of the important matters concerning conduct.
101.1.1 DEFINITIONS
Definitions related to this policy include:
Conflict of interest - Any actual, perceived, or potential conflict in which it reasonably appears that an elected official’s action, inaction, or decisions are or may be influenced by a personal or business relationship. It includes conflicts defined and prohibited by state law. 101.2 POLICY
Elected officials of the City are expected to conduct themselves with the utmost professional integrity and objectivity. The service of every elected official of the City shall be based on conduct that reasonably conforms to the guidelines in this policy.
101.3 UNLAWFUL DIRECTIVES
Elected officials should not knowingly direct action or inaction that, if carried out, would result in a violation of any law or city policy. Elected officials should not make new commands that conflict with any previous command without making reasonable clarification that the new command is intended to countermand the earlier command.
101.4 GENERAL STANDARDS
Elected officials should conduct themselves in accordance with the federal and state constitutions and all applicable laws, ordinances, and rules.
Elected officials should familiarize themselves with policies and procedures applicable to their conduct and the conduct of all employees under their supervision. 101.5 ETHICS
Elected officials should avoid engaging in the following conduct:
Using one’s status as an elected official of the City in any way that could reasonably be perceived as an attempt to gain influence or authority for non-city business or activity.
The wrong or unlawful exercise of authority for malicious purpose, personal gain, willful deceit, or any other improper purpose.
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Standards of Conduct for Elected Officials
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Acceptance of fees, gifts, money, tangible or intangible personal property, or any service, gratuity, favor, entertainment, hospitality, loan, promise, or any other thing of value from any person, business, or organization that is doing business with, or seeking to do business with, the City, or contrary to the rules of this city and/or laws of the state.
Offer or acceptance of a bribe or gratuity.
Misappropriation or misuse of public funds, property, personnel, or services.
Any other failure to abide by the standards of ethical conduct. 101.6 DISCRIMINATION, OPPRESSION, OR FAVORITISM
Elected officials should not discriminate against, oppress, or provide favoritism to any person based on a classification or status protected by law.
101.7 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
Elected officials should avoid:
Unauthorized or inappropriate release of confidential or protected information, materials, data, forms, or reports obtained as a result of the elected official’s position with this city.
The use of any information, photograph, video, or other recording obtained or accessed as a result of the elected official’s position with this city for personal or financial gain.
Using city resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and non-subpoenaed records.
Loaning, selling, allowing unauthorized use, giving away, or appropriating any city badge, uniform, identification card, or property for personal use, personal gain, or any other improper or unauthorized use or purpose.
Using city resources for campaign or other political purposes. 101.8 CONFLICTS OF INTEREST
Elected officials shall follow all laws regarding actual and perceived conflicts of interest and should avoid the appearance of actual or perceived conflicts of interest.
Elected officials should avoid directly supervising any employee who is a relative or with whom they are involved in a personal or business relationship. Elected officials should also avoid participating in, contributing to, or recommending promotions, assignments, performance evaluations, transfers, or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship.
101.9 ETHICAL COMPLIANCE DOCUMENTATION
Elected officials should ensure that all required documentation pertaining to ethics, conflicts of interest, or any other matter related to conduct are timely completed and submitted to the appropriate authorities. 101.10 OUTSIDE EMPLOYMENT
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Standards of Conduct for Elected Officials
Elected officials should avoid maintaining any outside employment or accepting any appointment that creates an actual or perceived conflict of interest or that inhibits their ability to competently complete the requirements of the office to which they have been elected. All laws related to the maintenance of outside employment for elected officials should be observed.
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Policy
Standards of Conduct for All Employees
102.1 PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission of the City and are expected of all employees. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions, but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, employees are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this city or an employee’s supervisor.
102.1.1 DEFINITIONS
Definitions related to this policy include:
Conflict of interest - Any actual, perceived, or potential conflict in which it reasonably appears that an employee’s action, inaction, or decisions are or may be influenced by a personal or business relationship.
It includes conflicts defined and prohibited by state law. 102.2 POLICY
The continued employment or appointment of every employee of the City shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether during work hours or non-work hours, may be cause for disciplinary action. 102.3 GENERAL STANDARDS
Employees shall conduct themselves in accordance with the federal and state constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority.
Employees shall familiarize themselves with policies and procedures and are responsible for compliance with each. Employees should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty.
Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct. 102.4 CAUSES FOR DISCIPLINE
The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, or ethics, and specific action or inaction that is detrimental to the city’s ability to effectively serve the public.
102.4.1 LAWS, RULES, AND ORDERS
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Standards of Conduct for All Employees
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Violation of, or ordering or instructing a subordinate to violate, any policy, procedure, rule, order, directive, or requirement, or failure to follow instructions contained in city manuals.
Disobedience of any lawful direction or order.
Violation of federal, state, local, or administrative laws, rules, or regulations. 102.4.2 ETHICS
Using or disclosing one’s status as an employee of the City in any way that could reasonably be perceived as an attempt to gain influence or authority for non-city business or activity.
The wrongful or unlawful exercise of authority on the part of any employee for malicious purpose, personal gain, willful deceit, or any other improper purpose.
The receipt or acceptance of a reward, fee, or gift from any person for service incident to the performance of the employee's work with the City.
Acceptance of fees, gifts, or money contrary to the rules of this city and/or laws of the state.
Offer or acceptance of a bribe or gratuity.
Any other failure to abide by the standards of ethical conduct. 102.4.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM
Unless required by law or policy, discriminating against, oppressing, or providing favoritism to any person because of actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, economic status, cultural group, veteran status, marital status, and any other classification or status protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the conduct is unlawful.
102.4.4 RELATIONSHIPS
Unwelcome solicitation of a personal or sexual relationship during work hours or through the use of one’s official capacity.
Engaging in sexual activity during work hours, including but not limited to sexual intercourse, excessive displays of public affection, or other sexual contact.
Establishing or maintaining an inappropriate personal or financial relationship as a direct result of any official business.
Associating with or joining a criminal gang, organized crime, and/or criminal syndicate when the employee knows or reasonably should know of the criminal nature of the organization. 102.4.5 ATTENDANCE
Leaving the job to which the employee is assigned during work hours without reasonable excuse and proper permission and approval.
Unexcused or unauthorized absence or tardiness.
Excessive absenteeism or abuse of leave privileges.
Failure to report to work or to the place of assignment at the time specified and fully prepared to work without reasonable excuse.
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102.4.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the employee’s position with this city.
The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment to this city for personal or financial gain or without the express authorization of the City Manager or the authorized designee.
Loaning, selling, allowing unauthorized use, giving away, or appropriating any city badge, uniform, identification card, or property for personal use, personal gain, or any other improper or unauthorized use or purpose.
Using city resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and non-subpoenaed records. 102.4.7 EFFICIENCY
Neglect of duty.
Unsatisfactory work performance, including but not limited to failure, incompetence, inefficiency, or delay in performing and/or carrying out proper orders, work assignments, or the instructions of supervisors without a reasonable and bona fide excuse.
Concealing, attempting to conceal, removing, or destroying defective or incompetent work.
Unauthorized sleeping during work hours or assignments.
Failure to notify the City within 24 hours of any change in residence address or contact numbers.
Failure to notify a supervisor of changes in relevant personal information (e.g., information associated with benefits determination) in a timely fashion. 102.4.8 PERFORMANCE
Failure to disclose or misrepresenting material facts or making any false or misleading statement on any application, examination form, or other official document, report, or form, or during the course of any work-related investigation.
The falsification of any work-related records, making misleading entries or statements with the intent to deceive, or the willful and unauthorized removal, alteration, destruction, and/or mutilation of any city record, public record, book, paper, or document.
Failure to participate in investigations, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any city-related business.
Being untruthful or knowingly making false, misleading, or malicious statements that are reasonably calculated to harm the reputation, authority, or official standing of this city or its employees.
Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this city or subverts the good order, efficiency, and discipline of this city or that would tend to discredit any of its employees.
Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions:
While on city premises.
At any work site, during work hours, or while using any city equipment or system.
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Standards of Conduct for All Employees
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Improper political activity, including:
Unauthorized attendance during work hours at official legislative or political sessions.
Solicitations, speeches, or distribution of campaign literature for or against any political candidate or position during work hours or on city property except as expressly authorized by city policy, an employment agreement or contract, or the City Manager or the authorized designee.
Engaging in political activities during work hours except as expressly authorized by city policy, any employment agreement or contract, or the City Manager or the authorized designee.
Any act that brings discredit to this city.
102.4.9 CONDUCT
Failure to promptly and fully report activities on the employee’s part or the part of any other employee where such activities resulted in contact with any law enforcement agency or that may result in criminal prosecution or discipline under this policy.
Unauthorized or unlawful fighting, or threatening or attempting to inflict unlawful bodily harm on another.
Engaging in horseplay that reasonably could result in injury or property damage.
Discourteous, disrespectful, or discriminatory treatment of any member of the public or any employee of the City.
Use of obscene, indecent, profane, or derogatory language during work hours or in uniform.
Criminal, dishonest, or disgraceful conduct that adversely affects the employee’s relationship with the City.
Unauthorized possession of, loss of, or damage to city property or the property of others or endangering it through carelessness or maliciousness.
Attempted or actual theft of city property; misappropriation or misuse of public funds, property, personnel, or the services or property of others; unauthorized removal or possession of city property or the property of another person.
Activity that is incompatible with an employee’s conditions of employment or appointment as established by law or that violates a provision of any employment agreement or contract, including fraud in securing the appointment or hire.
Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the City Manager or the authorized designee of such action.
Any other conduct that any employee knows or reasonably should know is unbecoming an employee of this city, is contrary to good order, efficiency, or morale, or tends to reflect unfavorably upon the City or its employees.
102.4.10 SAFETY
Failure to observe or violating city safety standards or safe working practices.
Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver’s license, first aid).
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Failure to maintain good physical condition sufficient to adequately and safely perform the work assigned, if applicable.
Unsafe firearm or other weapon handling, including loading or unloading firearms in an unsafe manner.
Carrying, while on the premises of the work site, any firearm or other weapon that is not authorized by law or the member’s appointing authority.
Unsafe or improper driving habits or actions in the course of employment or appointment.
Any personal action contributing to a preventable traffic accident.
Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours.
102.4.11 INTOXICANTS
Reporting for work or being at work while intoxicated or when the employee’s ability to work is impaired due to the use of alcohol, medication, or drugs, whether legal, prescribed, or illegal.
Possession or use of alcohol during work hours.
Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug, or nonprescribed medication to work.
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Chapter 2 - Organization and Administration
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Policy
Information Technology Use
200.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper use of city information technology resources, including computers, electronic devices, hardware, software, and systems. 200.1.1 DEFINITIONS
Definitions related to this policy include:
Computer system - All computers (on-site and portable), electronic devices, hardware, software, and resources owned, leased, rented, or licensed by the City that are provided for official use by its employees. This includes all access to, and use of, Internet Service Providers (ISP) or other service providers provided by or through the City or city funding.
Hardware - Includes but is not limited to computers, computer terminals, network equipment, electronic devices, telephones (including cellular and satellite), pagers, modems, or any other tangible computer device generally understood to comprise hardware.
Software - Includes but is not limited to all computer programs, systems, and applications, including shareware. This does not include files created by the individual user.
Temporary file, permanent file, or file - Any electronic document, information, or data residing or located, in whole or in part, on the system, including but not limited to spreadsheets, calendar entries, appointments, tasks, notes, letters, reports, messages, photographs, or videos. 200.2 POLICY
It is the policy of the City that employees shall use information technology resources, including computers, software, and systems, that are issued or maintained by the City in a professional manner and in accordance with this policy.
200.3 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails, texts, or anything published, shared, transmitted, or maintained through file-sharing software or any internet site that is accessed, transmitted, received, or reviewed on any city computer system.
The City reserves the right to access, audit, and disclose, for whatever reason, any message, including attachments, and any information accessed, transmitted, received, or reviewed over any technology that is issued or maintained by the City, including the city email system, computer network, and/or any information placed into storage on any city system or device. This includes records of all key strokes or Information Technology Use - 18
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Information Technology Use
web-browsing history made at any city computer or over any city network. The fact that access to a database, service, or website requires a username or password will not create an expectation of privacy if it is accessed through city computers, electronic devices, or networks. 200.4 RESTRICTED USE
Employees shall not access computers, devices, software, or systems for which they have not received prior authorization or the required training. Employees shall immediately report unauthorized access or use of computers, devices, software, or systems by another employee to their supervisors.
Employees shall not use another person’s access passwords, logon information, and other individual security data, protocols, and procedures unless directed to do so by a supervisor. 200.4.1 SOFTWARE
Employees shall not copy or duplicate any copyrighted or licensed software except for a single copy for backup purposes, in accordance with the software company’s copyright and license agreement.
To reduce the risk of a computer virus or malicious software, employees shall not install any unlicensed or unauthorized software on any city computer. Employees shall not install personal copies of any software on any city computer.
No employee shall knowingly make, acquire, or use unauthorized copies of computer software that is not licensed to the City while on city premises, computer systems, or electronic devices. Such unauthorized use of software exposes the City and involved employees to severe civil and criminal penalties.
Introduction of software by employees should only occur as a part of the automated maintenance or update process of city-approved or installed programs by the original manufacturer, producer, or developer of the software. Any other introduction of software requires prior authorization from a supervisor and a full scan for malicious attachments.
200.4.2 HARDWARE
Access to technology resources provided by or through the City shall be strictly limited to city-related activities. Data stored on or available through city computer systems shall only be accessed by authorized employees who have a legitimate city-related purpose to access such data. Any exceptions to this policy must be approved by a supervisor.
200.4.3 INTERNET USE
Internet access provided by or through the City shall be strictly limited to city-related activities. Internet sites containing information that is not appropriate or applicable to city use and that shall not be intentionally accessed include but are not limited to adult forums, pornography, gambling, chat rooms, and similar or related internet sites. Certain exceptions may be permitted with the express approval of a supervisor as a function of an employee's assignment.
Downloaded information from the internet shall be limited to messages, mail, and data files.
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The following uses of the City's electronic and computer systems, in any manner, are strictly prohibited:
Illegal activities.
Threats, insults, or attempted intimidation.
Harassment.
Defamation or libel.
Display or downloading of any obscene or lewd messages, offensive graphical images, indecent or obscene material, child pornography, or any other material that appeals solely to prurient interests.
Violation of any copyright laws.
Commercial activities or solicitations.
Conduct intended to interfere with, or cause damage to, the normal operations of the computer systems or equipment.
Use of personal software.
200.4.4 USE DURING NON-WORK HOURS
Employees shall only use technology resources provided by the City during work hours unless specifically authorized by a supervisor. This includes the use of telephones, cell phones, texting, email, or any other off-the-clock work-related activities. This also applies to personally owned devices that are used to access city resources.
Refer to the Personal Communication Devices Policy for guidelines regarding use of personally owned technology during non-work hours.
200.5 PROTECTION OF SYSTEMS AND FILES
All employees have a duty to protect the computer system and related systems and devices from physical and environmental damage and are responsible for the correct use, operation, care, and maintenance of the computer system.
Employees shall ensure city computers and access terminals are not viewable by unauthorized users.
Computers and terminals should be secured, users logged off, and password protections enabled whenever the user is not present. Access passwords, logon information, and other individual security data, protocols, and procedures are confidential information and are not to be shared. Password length, format, structure, and content shall meet the prescribed standards required by the computer system or as directed by a supervisor and shall be changed at intervals as directed.
It is prohibited for an employee to allow an unauthorized user to access the computer system at any time or for any reason. Employees shall immediately report any unauthorized access to the computer system or suspected intrusion from outside sources (including the internet) pursuant to the incident reporting procedures established by the Information Security Officer. 200.6 INSPECTION AND REVIEW
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Information Technology Use
A supervisor or the authorized designee has the express authority to inspect or review the computer system, all temporary or permanent files, related electronic systems or devices, and any contents thereof, whether such inspection or review is in the ordinary course of supervisory duties or based on cause.
Reasons for inspection or review may include but are not limited to computer system malfunctions, problems, or general computer system failure, a lawsuit against the City involving one of its employees or an employee’s duties, an alleged or suspected violation of any city policy, a request for disclosure of data, or a need to perform or provide a service.
Qualified staff may extract, download, or otherwise obtain any and all temporary or permanent files residing or located in or on the city computer system when requested by a supervisor or during the course of regular duties that require such information.
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Policy
Local Government Use of Social Media
201.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that any use of social media on behalf of the City is consistent with the City mission.
This policy does not address all aspects of social media use. Specifically, it does not address:
201.1.1 DEFINITIONS
Definitions related to this policy include:
Social media - Any of a wide array of internet-based tools and platforms that allow for the sharing of information, such as the city website or social networking services. 201.2 POLICY
The City will use social media as a method of effectively informing the public about city services, issues, investigations, recruitment, and other relevant events.
The use or access of social media should be done in a manner that protects the constitutional rights of all people.
201.3 AUTHORIZED USERS
Only employees authorized by the City Manager or the authorized designee may utilize social media on behalf of the City. Authorized employees shall use only city-approved equipment during the normal course of duties to post and monitor city-related social media, unless they are specifically authorized to do otherwise by their supervisors.
The City Manager may develop specific guidelines identifying the type of content that may be posted. Any content that does not strictly conform to the guidelines should be approved by a supervisor prior to posting.
Requests to post information over city social media by employees who are not authorized to post should be made through the appropriate supervisory channels.
201.4 AUTHORIZED CONTENT
• Personal use of social media by city employees (see the Speech, Expression, and Social Networking Policy).
• Use of social media in personnel processes (see the Recruitment and Selection Policy). • Use of social media as part of an investigation, other than disseminating information to the public on behalf of this city.
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Local Government Use of Social Media
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Only content that is appropriate for public release, that supports the City mission, and that conforms to all city policies regarding the release of information may be posted. Examples of appropriate content include:
Announcements.
Tips and information related to crime prevention.
Requests for information.
Community engagement information.
Real-time safety information that is related to in-progress crimes, geographical warnings, or disaster information.
Traffic information.
Media releases.
Recruitment of personnel.
201.4.1 INCIDENT-SPECIFIC USE
In instances of active incidents where speed, accuracy, and frequent updates are paramount (e.g., crime alerts, public safety information, traffic issues), the City Manager or the authorized designee will be responsible for the compilation of information to be released. 201.5 PROHIBITED CONTENT
Content that is prohibited from posting includes but is not limited to:
Content that is abusive, discriminatory, inflammatory, or sexually explicit.
Any information that violates individual rights, including confidentiality and/or privacy rights and those provided under state, federal, or local laws.
Any information that could compromise an ongoing investigation.
Any information that could tend to compromise or damage the mission, function, reputation, or professionalism of the City or its employees.
Any information that could compromise the safety and security of city operations, employees of the City, or the public.
Any content posted for personal use.
Any content that has not been properly authorized by this policy or a supervisor.
Any employee who becomes aware of content on this city’s social media sites that the employee believes is unauthorized or inappropriate should promptly report such content to a supervisor. The supervisor will ensure its removal from public view and investigate the cause of the entry. 201.5.1 PUBLIC POSTING PROHIBITED
City social media sites shall be designed and maintained to prevent posting of content by the public.
The City may provide a method for members of the public to contact city employees directly. 201.6 MONITORING CONTENT
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Local Government Use of Social Media
The City Manager will appoint a supervisor to review, at least annually, the use of city social media and report back on, at a minimum, the resources being used, the effectiveness of the content, any unauthorized or inappropriate content, and the resolution of any issues. 201.7 RETENTION OF RECORDS
The City Manager should work with the Custodian of Records to establish a method of ensuring that public records generated in the process of social media use are retained in accordance with established records retention schedules.
201.8 TRAINING
Authorized employees should receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, and dissemination and retention of information posted on city sites.
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Policy
Subpoenas and Court Appearances
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202.1 PURPOSE AND SCOPE
This policy establishes the guidelines for city employees who must appear in court. It will allow the City to cover any related work absences and keep the City Manager informed about relevant legal matters. 202.2 POLICY
Employees will respond appropriately to all subpoenas and any other court-ordered appearances. 202.3 SUBPOENAS
Only employees authorized to receive a subpoena on behalf of the City or any of its employees may do so. 202.3.1 SPECIAL NOTIFICATION REQUIREMENTS
Any employees who are subpoenaed to testify, agree to testify, or provide information on behalf or at the request of any party other than the City or the prosecutor shall notify their immediate supervisors without delay regarding:
Any civil case where the City or one of its employees, as a result of the employee’s official capacity, is a party.
Any civil case where any other city, county, state, or federal unit of government or a member of any such unit of government, as a result of the member’s official capacity, is a party.
Any criminal proceeding where the employee is called to testify or provide information on behalf of the defense.
Any civil action stemming from the employee’s work activity or because of the employee’s association with the City.
Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the City.
The supervisor will then notify the City Manager and the appropriate prosecuting attorney if applicable.
The City Manager should determine if additional legal support is necessary.
No employee shall be retaliated against for testifying in any matter. 202.3.2 WORK-RELATED SUBPOENAS
The City will compensate employees who appear in their official capacities on matters arising out of their official duties.
The City should seek reimbursement for the employee’s compensation for appearances on civil subpoenas through the attorney of record who subpoenaed the employee. 202.3.3 OTHER SUBPOENAS
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Employees receiving valid subpoenas for actions unrelated to their employment or appointment with the City will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors.
202.4 FAILURE TO APPEAR
Any employee who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency.
202.5 COURTROOM PROTOCOL
When appearing in court, employees shall:
Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear.
Dress and prepared to proceed immediately with the case for which they are scheduled to appear.
Observe all rules of the court in which they are appearing and remain alert to change in the assigned courtroom where their matter is to be heard.
202.5.1 TESTIMONY
Before the date of testifying, the subpoenaed employee should review relevant reports or documents in order to be prepared for court.
202.5.2 RECORDS
When an employee is directed by a subpoena to appear in court with records, that employee should notify the Custodian of Records promptly after receiving the subpoena that the specified records are needed for court.
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City of South El Monte Policy Manual
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Published with permission by City of South El Monte
Copyright Lexipol, LLC 2025/11/26, All Rights Reserved. 203
Policy
Limited English Proficiency Services
203.1 PURPOSE AND SCOPE
This policy provides guidance to employees when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d).
203.1.1 DEFINITIONS
Definitions related to this policy include:
Authorized interpreter - A person who has been screened and authorized by the City to act as an interpreter and/or translator for others.
Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning.
Limited English proficiency (LEP) individual - Any individual whose primary language is not English and who has a limited ability to read, write, speak, or understand English. These individuals may be competent in certain types of communication (e.g., speaking, understanding) but still exhibit LEP for other purposes (e.g., reading, writing). Similarly, LEP designations are context-specific; an individual may possess sufficient English language skills to function in one setting, but these skills may be insufficient in other situations.
Qualified bilingual employee - An employee of the City, designated by the City Manager or the authorized designee, who has the ability to communicate fluently, directly, and accurately in both English and another language. Bilingual employees may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another.
Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language).
203.2 POLICY
It is the policy of the City to reasonably provide LEP individuals with meaningful access to services, programs, and activities, while not imposing undue burdens on the City or its employees.
The City will not discriminate against or deny any individual access to services, rights, or programs based upon national origin or any other protected interest or right. 203.3 LEP COORDINATOR
The City Manager or the authorized designee should delegate certain responsibilities to an LEP coordinator.
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The responsibilities of the coordinator should include but not be limited to:
Coordinating and implementing all aspects of the city’s LEP services to LEP individuals.
Developing procedures that will enable employees to access LEP services, including telephonic interpreters, and ensuring the procedures are available to all employees.
Maintaining and making available to employees, as appropriate, a list of all qualified bilingual employees and authorized interpreters. The list should include information regarding:
Languages spoken.
Contact information.
Availability.
Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages.
Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated.
Content on the city website should be included in this review and should be translated on the website, if appropriate.
Annually assessing demographic data and other resources, including contracted language services utilization data and data from government and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation.
Identifying standards and assessments to be used to qualify individuals as qualified bilingual employees or authorized interpreters.
Periodically reviewing efforts of the City in providing meaningful access to LEP individuals, and, as appropriate, developing reports, developing new procedures, or recommending modifications to this policy.
Receiving and responding to complaints regarding city LEP services.
Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to city services, programs, and activities.
Requiring third parties providing city services, rights, or programs through contract, outsourcing, licensing, or other arrangement to establish reasonable policies and procedures to prohibit discrimination or denial of access or services based upon national origin or any other protected interest or right.
203.4 FOUR-FACTOR ANALYSIS
Because there are many different languages that employees could encounter, the City will utilize the fourfactor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of the following four factors, which are:
The number or proportion of LEP individuals eligible to be served or likely to be encountered by city employees, or who may benefit from programs or services within the jurisdiction of this city.
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Custody Policy
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Limited English Proficiency Services
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The frequency with which LEP individuals are likely to come in contact with city employees, programs, or services.
The nature and importance of the contact, program, information, or service provided.
The cost of providing LEP assistance and the resources available. 203.5 TYPES OF LEP ASSISTANCE AVAILABLE
Employees should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The City will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services.
The City will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language.
LEP individuals may choose to accept city-provided LEP services at no cost, or they may choose to provide their own.
City-provided LEP services may include but are not limited to the assistance methods described in this policy.
203.6 WRITTEN FORMS AND GUIDELINES
Vital documents or those that are frequently used should be translated into languages most likely to be encountered. If English versions of any vital documents are published on the city website, the translated versions of the same document must also be posted on the website. The LEP coordinator will arrange to make all translated documents available to employees and other appropriate individuals, as necessary. 203.7 AUDIO RECORDINGS
The City may develop audio recordings of important or frequently requested information in a language most likely to be understood by those LEP individuals who are representative of the community being served.
203.8 QUALIFIED BILINGUAL EMPLOYEES
Bilingual employees may be qualified to provide LEP services when they have demonstrated through established city procedures a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Employees utilized for LEP services must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit.
When a qualified bilingual employee is not available, personnel from another department who have been identified as having the requisite skills and competence may be requested. 203.9 AUTHORIZED INTERPRETERS
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Any person designated by the City to act as an authorized interpreter and/or translator must have demonstrated competence in both English and the involved non-English language, must have an understanding of the functions of an interpreter that allows for correct and effective translation, and should not be a person with an interest in the transaction involving the LEP individual. A person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation in a legal or other proceeding.
Authorized interpreters must pass a screening process established by the LEP coordinator that demonstrates their skills and abilities in the following areas:
The competence and ability to communicate information accurately in both English and in the target language.
Knowledge, in both languages, of any applicable specialized terms or concepts and of any particularized vocabulary or phraseology used by the LEP individual.
The ability to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
Knowledge of the ethical issues involved when acting as a language conduit. 203.9.1 SOURCES OF AUTHORIZED INTERPRETERS
The City may contract with authorized interpreters who are available over the telephone. Employees may use these services with the approval of a supervisor and in compliance with established procedures.
Other sources may include:
203.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE ASSISTANCE Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the City to communicate with LEP individuals.
Where qualified bilingual employees or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate.
However, employees must carefully consider the nature of the contact and the relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance.
While family or friends of an LEP individual may offer to assist with communication or interpretation, employees should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations. • Qualified bilingual employees of another department within the City. • Individuals employed exclusively to perform interpretation services. • Contracted in-person interpreters, such as court interpreters, among others.
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City of South El Monte Policy Manual
Custody Policy
Published with permission by City of South El Monte
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Limited English Proficiency Services
203.10 CONTACT AND DOCUMENTATION
Although all public contacts, services, and individual rights are important, this city will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may be targeted where they are most needed, according to the nature and importance of the particular activity involved.
Whenever any employee of this city is required to complete a report or other documentation that involves a situation in which interpretation services were provided to any involved LEP individual, such services should be noted in the related report or documentation. Employees should document the type of interpretation services utilized and whether the individual elected to use services provided by the City or some other identified source.
203.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The City will take reasonable steps to develop in-house language capacity by hiring or appointing qualified employees proficient in languages representative of the community being served. 203.11.1 EMERGENCY ASSISTANCE
City employees will make every reasonable effort to promptly accommodate LEP individuals who appear to be in need of emergency assistance. An employee who determines that a person in need of emergency assistance is an LEP individual should attempt to gather sufficient information to determine what type of assistance the person needs and to initiate an appropriate response to the situation. As soon as possible, if language assistance is still needed and the language is known, the employee should attempt to locate a qualified bilingual employee to assist with the situation.
If a qualified bilingual employee is not available or the employee is unable to identify the primary language used by the LEP individual, the employee should contact the contracted interpretation service for assistance.
203.12 COMMUNITY OUTREACH
Community outreach programs and other such services offered by this city are important to the ultimate success of local government and achievement of the city’s mission. This city will continue to work with community groups, local businesses, and neighborhoods to provide equal access to such programs and services.
203.13 TRAINING
To ensure that all employees who may have contact with LEP individuals are properly trained, the City will provide periodic training on this policy and related procedures, including how to access authorized telephonic and in-person interpreters and other available resources.
New employees should receive LEP training. Those who may have contact with LEP individuals should receive periodic refresher training. Training records should be maintained in each employee’s personnel file in accordance with the established records retention schedule.
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Custody Policy
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Limited English Proficiency Services
203.13.1 TRAINING FOR AUTHORIZED INTERPRETERS
All employees on the authorized interpreter list must successfully complete prescribed interpreter training.
To complete interpreter training successfully, an interpreter must demonstrate proficiency in and ability to communicate information accurately in both English and in the target language, demonstrate knowledge in both languages of any specialized terms or phraseology, and understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
Employees on the authorized interpreter list must receive refresher training annually or they will be removed from the authorized interpreter list. This annual training should include language skills competency (including specialized terminology) and ethical considerations.
Authorized interpreters will receive annual refresher training.
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City of South El Monte Policy Manual
Custody Policy
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Policy
ADA Compliance
204.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for equal access to local government services, programs, and activities for persons with disabilities in accordance with Title II of the Americans with Disabilities Act (ADA).
This policy also includes guidelines to provide effective communication with persons with disabilities and to protect the rights of individuals who use service animals in accordance with the ADA. 204.1.1 DEFINITIONS
Definitions related to this policy include (28 CFR 35.104):
ADA coordinator - The employee designated by the City Manager to coordinate the City’s efforts to comply with the ADA (28 CFR 35.107).
Assistive devices, auxiliary aids, and services - Tools used to communicate with people who have a disability or impairment. They include but are not limited to the use of gestures or visual aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified interpreter.
Disability or impairment - A physical or mental impairment that substantially limits a major life activity, including hearing or seeing, regardless of whether the person uses assistive devices, auxiliary aids, and services. Individuals who wear ordinary eyeglasses or contact lenses are not considered to have a disability (42 USC § 12102; 28 CFR 35.108).
Facility - All aspects of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walkways, parking areas, and other real or personal property (28 CFR 35.108).
Modification - Any change, adjustment, alteration, adaptation, or accommodation that renders a city service, program, or activity suitable for use, enjoyment, or participation by a person with a disability. This may include alteration of existing buildings and facilities.
A modification includes any change or exception to a policy, practice, or procedure that allows a person with a disability to have equal access to programs, services, and activities. It also includes the provision or use of assistive devices, auxiliary aids, and services.
Power-driven mobility device - Any mobility device powered by batteries, fuel, or other engine type used by persons with disabilities for mobility assistance, regardless of whether the device was primarily designed for that purpose (e.g., golf carts, Segway® PT, mobility scooters). For purposes of this policy, it does not include wheelchairs.
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Qualified interpreter - A person who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, transliterators, sign language interpreters, and intermediary interpreters.
Service animal - A dog that is trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability.
Service animal also includes a miniature horse if the horse is trained to do work or perform tasks for persons with disabilities, provided the horse is housebroken, is under the handler’s control, the building or facility can accommodate the horse’s type, size, and weight, and the horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR 35.136(i)). 204.2 POLICY
It is the policy of the City that persons with disabilities have equal access to city services, programs, and activities.
The City will not discriminate against or deny any individual access to services, programs, or activities based upon disabilities.
204.3 AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR The responsibilities of the ADA coordinator include but are not limited to (28 CFR 35.130):
Coordinating efforts among each city department to provide equal access to services, programs, and activities including:
Establishing procedures to provide for the performance of routine maintenance on buildings, facilities, or equipment that provide access to persons with disabilities (28 CFR 35.133).
Maintaining citydepartment compliance with accessibility standards for citydepartment web content and mobile applications as required by 28 CFR 35 Subpart H (28 CFR 35.200).
Recommending amendments to this policy, as needed.
Coordinating a process of periodic self-evaluation. The process should include:
Inspection of current city buildings and facilities to identify access issues.
Review of current city services, activities, and programs for access issues.
Assessment and update of current compliance measures.
Identification of recurring areas of complaint for which new methods of modification should be considered.
Review of the city's emergency programs, services, and activities as they apply to persons with disabilities.
Recommendation of a schedule to implement needed improvements.
Acting as a liaison with local disability advocacy groups or other disability groups regarding access to city services, programs, and activities.
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Developing procedures for the review and processing of requests for assistance or modifications that will help employees provide persons with disabilities access to city services, programs, and activities, as appropriate.
Providing notice to the public regarding the rights and protections afforded by the ADA (e.g., posters, published notices, handbooks, manuals, and pamphlets describing city services, programs, and activities and the availability of assistive devices, auxiliary aids, and services, as well as modifications) (28 CFR 35.106).
Developing procedures for employees to access assistive devices, auxiliary aids, and services, including qualified interpreters, and making the procedures available, as appropriate.
A list of qualified interpreter services with contact and availability information should be maintained and easily accessible to employees.
Developing, implementing, and publishing appropriate procedures to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to services, programs, and activities (28 CFR 35.107). The complaint procedures should include an appeal process.
Requiring third parties providing city services, programs, or activities through contract, outsourcing, licensing, or other arrangement to establish reasonable policies and procedures to prevent discrimination against and denial of access to persons with disabilities.
Developing and implementing procedures to provide that new construction and any alteration to an existing building or facility are undertaken in compliance with the ADA (28 CFR 35.151).
Developing and implementing procedures to provide that new construction and alteration of citymaintained roadways, highways, and streets include curb ramps or other sloped areas to make pedestrian-level walkways accessible as required by law (28 CFR 35.150(d)(2); 28 CFR 35.151(i)).
Coordinating with appropriate city staff to address the needs of persons with disabilities in the City's emergency disaster preparedness planning, including consideration of shelters and care facilities, transportation, means of evacuation, communication methods (e.g., warning and emergency notification systems), and post-disaster canvassing.
204.4 REQUESTS
The goal of any modification should be to allow the person to participate in the service, program, or activity the same as a person who does not have a disability.
Upon receiving a request for a modification, employees should make reasonable efforts to accommodate the request based on the preference of the person with the disability. Employees should not ask about the nature and extent of a person’s disability, but should limit questions to information necessary to determine the need for a modification and the type of modification that is appropriate.
If the requested modification, or an alternative modification, can reasonably be made at the time of the request, the employee should make the modification. An employee who is unable to accommodate a request or unsure about whether a request should be accommodated, should contact a supervisor.
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The supervisor should review and approve the request, if practicable and appropriate. Otherwise, the supervisor should document the requesting person’s contact information and the modification being requested and forward the request to the ADA coordinator for processing as soon as reasonably practicable.
204.4.1 DENIAL OF A REQUEST
The following should be considered before denying a request for modification:
Requests for modifications should be approved unless complying with the request would result in (28 CFR 35.150):
A substantial alteration of the service, program, or activity.
An undue financial or administrative burden on the City. All resources available for use in the funding and operation of the service, program, or activity at issue should be considered in this determination.
A threat to or the destruction of the historic significance of historic property.
A direct threat to the health or safety of others (28 CFR 35.139).
If any of these circumstances are present, the ADA coordinator should work with department staff and the person requesting the modification to determine if an alternative modification is available.
Where physical modification of an existing building or facility, or new construction, would be unfeasible or unduly burdensome, the ADA coordinator should work with department staff to determine whether alternative modifications are available. Alternative methods that should be considered include (28 CFR 35.150):
Reassigning services, programs, or activities to accessible buildings or facilities.
Utilizing technology, equipment, rolling stock, or other conveyances.
Delivering the services, programs, or activities directly to a person with a disability by way of home visits or meeting the person at an accessible location.
Any other means or methods that would make services, programs, or activities readily accessible.
If no alternative modification is appropriate, the ADA coordinator shall issue a written statement explaining why a modification of the public service, program, or activity will not be made (28 CFR
35.150).
204.4.2 PERSONAL DEVICES AND ASSISTANCE
Although employees should make every effort to comply with requests, the provision of personal devices or assistance (e.g., wheelchairs, eyeglasses, hearing aids, personal assistance in eating or using the restroom) to persons with disabilities is not required (28 CFR 35.135). 204.4.3 SURCHARGES
Surcharges shall not be imposed upon persons with disabilities to cover the costs of providing modifications to public services, programs, and activities (28 CFR 35.130(f)).
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204.5 MOBILITY DEVICES
Wheelchairs and manually powered mobility devices such as walkers, crutches, canes, and braces are permitted in any areas open to pedestrians.
Power-driven mobility devices other than wheelchairs may be restricted only if a legitimate safety interest is identified that warrants the restriction (28 CFR 35.130(h); 28 CFR 35.137).
An employee should not ask a person using a power-driven mobility device to terminate the use of the device or leave the area unless an imminent and legitimate safety issue is present. If an employee is concerned about the use of a power-driven mobility device by a person with a disability, the employee should contact a supervisor.
The determination of whether a reasonable modification should be made for the use of a power-driven mobility device within a public building or facility should be based on whether the device, given its size and speed, can be safely used within the particular building or facility taking into account the layout and design of the building or facility, the amount of pedestrian traffic present in the building or facility, and whether there is any risk of damage to the building or facility or its immediate environment as set forth in 28 CFR 35.137.
204.5.1 INQUIRIES REGARDING MOBILITY DEVICES
If an individual is using a power-driven mobility device other than a wheelchair, the employee may seek credible assurance from the individual that the device is needed because of a disability. Credible assurance of the device’s necessity may be provided in one of the following ways (28 CFR 35.137):
Presentation of a valid, state-issued disability placard or card Presentation of any other state-issued proof of disability A verbal statement, not contradicted by observable fact, that use of the device is necessary for mobility purposes
204.6 COMMUNICATIONS WITH PERSONS WITH DISABILITIES
Employees should remain alert to the possibility of communication problems when engaging with persons with disabilities. When an employee knows or suspects an individual requires assistance to effectively communicate, the employee should identify the individual's choice of assistive device, auxiliary aid, and service.
The individual's preferred communication method should be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160).
Factors to consider when determining whether an alternative method is effective include:
The methods of communication usually used by the individual.
The nature, length, and complexity of the communication involved.
The context of the communication.
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In emergency situations involving an imminent threat to the safety or welfare of any person, employees may use whatever assistive device, auxiliary aid and service reasonably appears effective under the circumstances. This may include exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate assistive device, auxiliary aid, and service. Once the emergency has ended, the continued method of communication should be reconsidered. The employee should inquire as to the individual's preference and give primary consideration to that preference.
204.6.1 TYPES OF ASSISTANCE AVAILABLE
Employees shall not refuse an available type of assistive device, auxiliary aid, or service to a person with a disability who is requesting assistance. The City will not require persons with disabilities to furnish their own assistive device, auxiliary aid, or service as a condition for receiving assistance. The City will make every reasonable effort to provide equal access and timely assistance to persons with disabilities through a variety of assistive devices, auxiliary aids, and services (28 CFR 35.160).
The City will not require that persons with disabilities use city-provided assistive devices, auxiliary aids, or services.
City-provided assistive devices, auxiliary aids, and services may include but are not limited to the assistance methods described in this policy.
204.6.2 AUDIO RECORDINGS AND ENLARGED PRINT
The City may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, employees may read aloud from the appropriate form or provide forms with enlarged print.
204.6.3 QUALIFIED INTERPRETERS
A qualified interpreter may be needed in lengthy or complex interactions (e.g., public meetings or hearings, special or emergency meetings, plan reviews) for individuals who normally rely on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the exchange. A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a local government or legal proceeding.
Qualified interpreters should be:
Available within a reasonable amount of time.
Experienced in providing interpretation services.
Familiar with the use of VRS and/or video remote interpreting services.
Certified in either American Sign Language (ASL) or Signed English (SE).
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Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
Knowledgeable of the ethical issues involved when providing interpreter services.
Employees should use city-approved procedures to request a qualified interpreter at the earliest reasonable opportunity or when it is reasonably apparent that an interpreter is needed. Persons with disabilities shall not be required to provide their own interpreters (28 CFR 35.160). 204.6.4 TTY AND RELAY SERVICES
The City will accept all TTY or TDD calls placed by individuals with communications-related disabilities and received via a telecommunications relay service or equally effective telecommunications systems (28 CFR 35.161).
204.6.5 COMMUNITY VOLUNTEERS
Interpreter services may be available from community volunteers who have demonstrated competence in communication services, such as ASL or SE, and have been approved by the City to provide interpreter services.
When qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, city employees must carefully consider the nature of the interaction and the relationship between the person with the disability and the volunteer to be reasonably satisfied that the volunteer can provide neutral and unbiased assistance. 204.6.6 FAMILY AND FRIENDS
While family or friends may offer to assist with interpretation, employees should carefully consider the circumstances before relying on such individuals. The nature of the interaction and relationship between the person with the disability and the person offering services must be carefully considered to determine whether the family member or friend can provide neutral and unbiased assistance.
Except in an emergency involving an imminent threat to the safety or welfare of any person when no qualified interpreter is reasonably available, members shall not use a minor child as an interpreter (28 CFR 35.160).
Adults may be relied upon when (28 CFR 35.160):
There is an emergency or critical situation and there is no qualified interpreter reasonably available.
The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances.
204.6.7 FIELD ENFORCEMENT CONSIDERATIONS
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It is important that employees are able to effectively communicate with persons with disabilities even though the location of the communication may hinder the employee’s ability to provide assistive devices, auxiliary aids, and other services in a prompt manner.
Employees involved in interactions with persons with disabilities that occur in the field and that could result in any type of civil or criminal enforcement action (e.g., issuing code enforcement citations, shutting off a utility service) should assess each situation to determine if communication assistance is necessary.
The length, complexity, and importance of the communication, as well as the individual’s preferred method of communication, should be considered when determining what, if any, resources should be used and whether a qualified interpreter or other service is needed. 204.7 SERVICE ANIMALS
Service animals that are assisting persons with disabilities are permitted in all city buildings and facilities and other areas where the general public is allowed. City employees are expected to treat people with service animals with the same courtesy and respect that the City affords to all members of the public (28 CFR 35.136).
204.7.1 IDENTIFICATION AND USE OF SERVICE ANIMALS
Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness, or collar.
Service animals may be used in a number of ways to provide assistance, including:
Guiding people who are blind or have low vision.
Alerting people who are blind or have low vision.
Retrieving or picking up items, opening doors, or flipping switches for people who have limited use of their hands, arms, or legs.
Pulling wheelchairs.
Providing physical support and assisting with stability and balance.
Doing work or performing tasks for people with traumatic brain injury, intellectual disabilities, or psychiatric disabilities, such as reminding a person with depression to take medication.
Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines.
204.7.2 INQUIRIES REGARDING SERVICE ANIMALS
If it is apparent or if an employee is aware that an animal is a service animal, the individual generally should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the employee should ask the individual only the following questions (28 CFR 35.136(f)):
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Is the animal required because of a disability?
What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal and no further questions as to the animal’s status should be asked. Employees should not question individuals about their disabilities nor should employees ask any individual to provide a license, certification, or identification card for a service animal.
204.7.3 CONTACT WITH SERVICE ANIMALS
Service animals are not pets. City employees should not interfere with the important work performed by a service animal by talking to, petting, or otherwise initiating contact with a service animal. 204.7.4 REMOVAL OF SERVICE ANIMALS
If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, an employee should notify an appropriate supervisor who may direct the handler to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the service animal (28 CFR 35.136(b)).
Each incident must be considered individually, and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse access to services, programs, or activities to a person with a disability. Employees are expected to provide all services that are reasonably available to a person with a disability, with or without a service animal. 204.8 WEBSITE ACCESS
The ADA coordinator should work with appropriate city employees to develop online content that is readily accessible to persons with disabilities. City web content should be developed in conformance with the most current guidelines issued by the U.S. Department of Justice and federal regulations (28 CFR 35 Subpart H; 28 CFR 35.200).
Website content should also be made available to persons with disabilities in an alternative format upon request, if reasonably practicable.
204.9 DOCUMENTATION
Whenever any modification, assistive device, auxiliary aid, and service has been provided, the employee involved should document:
The type of modification, aid, or service provided.
Whether the individual elected to use an assistive device, auxiliary aid, and service provided by the City or some other identified source, if applicable.
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ADA Compliance
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Whether the individual’s express preference for the modification, assistive device, auxiliary aid, and service was not honored, and the reason why an alternative method was used.
The documentation and any written communications exchanged should be maintained consistent with the Records Maintenance and Release Policy.
204.10 COMPLAINTS
An employee who receives a complaint or becomes aware of potential disability discrimination, an ADA violation, or a person’s inability to access a city program, service, or activity should document the complaint and refer the matter to the ADA coordinator (28 CFR 35.107). 204.11 TRAINING
Employees who may have contact with persons with disabilities should receive periodic training on ADA compliance, to include:
Awareness and understanding of this policy and related procedures, related forms, and available resources.
Procedures for handling requests for modifications.
Accessing assistive devices, auxiliary aids, and services needed to communicate with persons with disabilities.
General requirements of the ADA, including modifying policies and practices, communicating with and assisting customers, accepting calls placed through alternative systems, and identifying alternate ways to provide access to programs, services, and activities as appropriate to the employee’s job duties.
Training records should be maintained in each employee's personnel file in accordance with the established records retention schedule.
204.12 NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act of 1973, City of South El Monte will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
Employment: City of South El Monte does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.
Effective Communication: City of South El Monte will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in City of South El Monte programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
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ADA Compliance
Modifications to Policies and Procedures: City of South El Monte will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in City of South El Monte offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of City of South El Monte should contact the ADA Coordinator for the City of South El Monte (City), Iyob Tessema, at I at 626-579-6540 Ext.3202, or [email protected] as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require City of South El Monte to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
Complaints that a program, service, or activity of City of South El Monte is not accessible to persons with disabilities should be directed to:
IYOB TESSEMA,
ADA Coordinator; Director of Human Resource/Risk Management 1415 N. Santa Anita Avenue
South El Monte, CA. 91733
Email:[email protected]
Phone Number: 626-579-6540 Ext. 3202
California Relay Service: dial 711
City of South El Monte will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
This notice is available in alternate formats from the ADA Coordinator.
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Policy
Emergency Management Plan
205.1 PURPOSE AND SCOPE
This policy addresses the preparation, maintenance, and activation of the city’s emergency management plan.
205.2 POLICY
The City will prepare for large-scale emergencies within and outside its jurisdiction through planning, mutual cooperation with other agencies, and maintenance of an emergency management plan. 205.3 CITY RESPONSIBILITIES
The City Manager should designate a person responsible for the city’s emergency management plan and the coordination with applicable local and state departments and entities for disaster planning, mitigation, response, and recovery efforts.
205.4 ACTIVATING THE EMERGENCY MANAGEMENT PLAN
The emergency management plan should include direction on how to activate the emergency management plan and who can activate it in response to a major emergency. 205.4.1 RECALL OF PERSONNEL
In the event that the emergency management plan is activated, all employees of the City are subject to immediate recall to service. Employees may also be subject to recall during extraordinary circumstances as deemed necessary.
Failure to promptly respond to an order to report to work may result in discipline. 205.5 LOCATION OF THE EMERGENCY MANAGEMENT PLAN
Copies of the emergency management plan should be available to appropriate personnel. All supervisors should familiarize themselves with the emergency management plan and assist employees in familiarizing themselves with the roles they will play when the plan is implemented. 205.6 EMERGENCY MANAGEMENT PLAN REVIEW
The City Manager or the authorized designee should review the emergency management plan at least once every two years and ensure that the plan conforms to any revisions made by the National Incident Management System (NIMS). The City Manager or the authorized designee should appropriately address any needed revisions.
205.7 TRAINING
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The City should provide training on the emergency management plan for appropriate personnel. Training should incorporate a full or partial exercise or a tabletop or command discussion Emergency Management Plan - 45
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Policy
Volunteers
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206.1 PURPOSE AND SCOPE
This policy establishes the guidelines for volunteers to supplement and assist city personnel in their duties. Trained volunteers can augment city personnel and help complete various tasks. 206.1.1 DEFINITIONS
Definitions related to this policy include:
Volunteer - An individual who performs a service for the City without promise, expectation, or receipt of compensation for services rendered. This may include interns, persons providing administrative support, and individuals participating in school-sponsored, educational, or diversion programs, among others.
Volunteers may be youths or adults.
Volunteers are not entitled to compensation - no monetary compensation or overtime compensation.
Volunteers are not entitled to health or retirement benefits. 206.2 POLICY
It is the policy of the City that volunteers be appointed, trained, and supervised to carry out specified tasks and duties in an effort to create an efficient local government and improve services to the community. 206.3 ELIGIBILITY
Requirements for participation as a volunteer for the City may include but are not limited to:
Residency in the City.
The ability to meet any necessary age requirements (16 years old).
Possession of a valid driver’s license, if the position requires vehicle operation.
Possession of liability insurance for any personally owned equipment, vehicles, or animals utilized during volunteer work.
No conviction of a felony, any crime of a sexual nature or against children, any crime related to assault or violence, any crime related to dishonesty, or any crime that would be inconsistent with volunteer service with the City.
The ability to meet physical requirements reasonably appropriate to the assignment.
A personal background history and character suitable for a person representing the City, as validated by a background investigation, as appropriate.
Parents are permitted to be presented at the background check process facility for minors.
Background check cost will be covered by City of South El Monte, Human Resources Department.
The City Manager may allow exceptions to these eligibility requirements based on organizational needs and the qualifications of the individual.
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206.3.1 MINORS
Volunteers younger than age 14 must be accompanied by a parent or legal guardian during the performance of their volunteer assignments. Volunteers between the ages of 14 and 18 must have the written consent of a parent or guardian prior to volunteering. 206.4 RECRUITMENT, SELECTION, AND APPOINTMENT
The City shall endeavor to recruit and appoint only those applicants who meet the professional standards set forth by this city.
206.4.1 RECRUITMENT
Volunteers should be recruited on a continuous and ongoing basis consistent with city policy on equal opportunity, nondiscriminatory employment. A primary qualification for participation in the application process should be an interest in and an ability to assist the City in serving the public.
Requests for volunteers should be submitted in writing by interested city employees to the volunteer coordinator through the requester’s immediate supervisor. A complete description of the volunteer’s duties and a requested time frame should be included in the request. All city employees should understand that the recruitment of volunteers is enhanced by creative and interesting assignments. The volunteer coordinator may withhold assignment of any volunteer until such time as the requester is prepared to make effective use of volunteer resources.
206.4.2 SELECTION
Volunteer candidates shall successfully complete the following process prior to appointment as a volunteer:
Submit the appropriate written application.
Interview with the volunteer coordinator.
Successfully complete an appropriate-level background investigation or screening. 206.4.3 APPOINTMENT
Service as a volunteer with the City shall begin with an official notice of acceptance or appointment by the City Manager or the authorized designee. Notice may only be given by an authorized representative of the City, who will normally be the volunteer coordinator.
No volunteer should begin any assignment until officially accepted for the position and all required screening and paperwork has been completed. At the time of final acceptance, each volunteer should complete all required enrollment paperwork and will receive a copy of the position description and agreement of service with the City.
All volunteers shall receive a copy of applicable volunteer orientation materials and shall be required to sign a volunteer agreement. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, and abilities and the needs of the City.
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Volunteers
Volunteers serve at the discretion of the City Manager. 206.4.4 SHORT-TERM SPECIAL EVENTS VOLUNTEERS
Special event volunteers shall be recruited, registered, and supervised by the department overseeing the event. Special events are defined as short-term occasional events often reoccurring on an annual basis. 206.4.5 LONG-TERM VOLUNTEERS
Departments overseeing volunteers for longer-term assignments shall have the volunteers fill out a City of South El Monte Volunteer Application. An example of a longer-term volunteer would be someone who has an ongoing relationship with the City such as a Sports coach.
Longer-term volunteers may be brought on board and processed in the same manner as short-term volunteers unless they are given assignments involving a greater degree of responsibility. These volunteers should never be in situations where they would have access to city facilities, money, or items of value. They should always be in and "open" environment and only be allowed access to areas normally available to the general public (unless accompanied by City staff).
A copy of the application and confidentiality agreement (if applicable) shall be forwarded to the Human Resources. Each department shall keep its own log of dates and hours served by the volunteer and note in the log when the volunteer's service terminates. At the conclusion of the volunteer's service this log shall be forwarded to Human Resources and kept on file with the other information on the volunteer for a period of two years. A department overseeing a longer-term volunteer who separates from service and returns within one year to a similar position of service may be treated as if the person had never left. A simple notation in the volunteer's file noting their return will suffice. 206.4.6 INTERNS
Paid interns are covered under the City's Part-time Employment Policy. The process for utilizing non-paid interns shall follow the practices outlined for longer-term volunteers with additional conditions as follows.
The focus of non-paid internships shall be to provide a mentoring/learning environment for the volunteer.
Non-paid interns assigned to assist the City as part of a college or other school for class credit, learning experience, or any other requirement shall provide the City with a description of the expectations they have of serving in this capacity. This description should come on letterhead from the educational institution signed by a professor, intern coordinator, or other person overseeing the intern from the school.
If the prospective volunteer intern is no longer associated with an educational institution the letter shall come from that person directly.
The City department overseeing the intern will also provide the intern with a letter acknowledging the City's expectations and understanding of the relationship, and the nonpaid/non-employee status of the intern.
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206.5 IDENTIFICATION AND DRESS CODE
As representatives of the City, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their assignment.
Uniforms and necessary safety equipment will be provided for each volunteer, if appropriate for the volunteer position. Identification symbols worn by volunteers shall be different and distinct from those worn by city employees through the inclusion of "Volunteer" on the uniform.
Certain volunteers may be issued city identification cards to be carried at all times while in the performance of their assignment. The identification cards may be the standard city identification cards, except that “Volunteer” will be indicated on the cards. 206.6 PERSONNEL WORKING AS VOLUNTEERS
Qualified regular city personnel, when authorized, may also serve as volunteers. However, this city shall not utilize the services of volunteers in such a way that it would violate employment laws or employment agreements. Therefore, the volunteer coordinator should consult with the City Manager or the authorized designee prior to allowing regular city personnel to serve in a volunteer capacity (29 CFR § 553.100 et seq.).
206.7 VOLUNTEER COORDINATOR
The volunteer coordinator should be appointed by the City Manager or the authorized designee.
The function of the coordinator is to provide a central coordinating point for effective volunteer management within the City, and to direct and assist efforts to jointly provide more productive volunteer services. Volunteers serve under the general direction of the supervisor in charge of the volunteer’s assignment but report to the volunteer coordinator.
The volunteer coordinator may appoint a senior volunteer or other designee to assist in the coordination of volunteers and their activities.
The responsibilities of the coordinator or the authorized designee include but are not limited to:
Recruiting, selecting, and training qualified volunteers.
Conducting volunteer meetings, as appropriate.
Establishing and maintaining a volunteer callout roster, as necessary.
Maintaining records for each volunteer.
Tracking and evaluating the contribution of volunteers.
Maintaining a record of volunteer schedules.
Completing and disseminating, as appropriate, all necessary paperwork and information.
Planning periodic recognition events.
Maintaining a liaison with other community programs that use volunteers and assisting in community-wide efforts to recognize and promote volunteering.
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Volunteers
j. Maintaining volunteer orientation and training materials and outlining expectations, policies, and responsibilities for all volunteers.
An evaluation of the overall use of volunteers will be conducted on an annual basis by the coordinator. 206.8 RESPONSIBILITIES
Volunteers assist city personnel as needed. Volunteers may be assigned to one department to augment the support of paid personnel, but they may be reassigned as needed. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, and abilities and the needs of the City.
206.8.1 COMPLIANCE
Volunteers shall be required to adhere to all city policies and procedures. A copy of the policies and procedures will be made available to each volunteer upon appointment. The volunteer shall become thoroughly familiar with these policies.
Whenever a rule, regulation, or guideline in this Policy Manual refers to city employees, it shall also apply to a volunteer, unless by its nature it is inapplicable.
Volunteers are required to meet city-approved training requirements as applicable to their assignments. 206.8.2 VOLUNTEER MEETINGS
All volunteers are required to attend scheduled meetings. Any absences must be satisfactorily explained to the volunteer coordinator.
206.9 TASK-SPECIFIC TRAINING
Task-specific training is intended to provide the required instruction and practice for volunteers to properly and safely perform their assignments. Training should correspond to the volunteer’s assignment as determined by the volunteer coordinator.
Volunteers will be provided with an orientation program to acquaint them with the policies of the City and procedures applicable to their assignments.
Volunteers should receive position-specific training to ensure they have adequate knowledge and skills to complete the required tasks, and should receive ongoing training as deemed appropriate by their supervisors or the volunteer coordinator.
Training should reinforce to volunteers that they shall not intentionally represent themselves as, or by omission imply that they are, full-time employees of the City. They shall always represent themselves as volunteers.
All volunteers shall comply with the standards of conduct and with all applicable orders and directives, either oral or written, issued by the City.
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206.9.1 VOLUNTEER TRAINING MATERIALS
Volunteers will be issued training materials when necessary, based upon the volunteer assignment. The materials should outline the subject matter and skills necessary to properly function as a volunteer with the City. The volunteer shall become knowledgeable of the subject matter and proficient with the skills as set forth in the training materials.
206.10 SUPERVISION
Each volunteer must have a clearly identified supervisor who is responsible for direct management of that volunteer. This supervisor will be responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance.
Functional supervision of volunteers is the responsibility of the supervisor in charge of the volunteer’s assignment. The following are some considerations that supervisors should keep in mind while supervising volunteers:
Take the time to introduce volunteers to employees on all levels.
Ensure volunteers have work space and necessary office supplies.
Make sure the work is challenging. Do not hesitate to give volunteers an assignment or task that will utilize these valuable resources.
A volunteer may be assigned as a supervisor of other volunteers, provided that the supervising volunteer is under the direct supervision of an employee.
206.10.1 EVALUATIONS
A volunteer will be considered a trainee until training has been satisfactorily completed. Volunteers who have completed their training should be evaluated annually using performance dimensions applicable to the assignment and authorities granted to that volunteer. 206.10.2 FITNESS FOR DUTY
No volunteer shall report for work or be at work when the volunteer’s judgment or physical condition has been impaired due to illness or injury, or by the use of alcohol or drugs, whether legal or illegal.
Volunteers shall report to their supervisors any change in status that may affect their ability to fulfill their assignments.
206.11 INFORMATION ACCESS
With appropriate security clearance, a volunteer may have access to or be in the vicinity of confidential or protected information, including but not limited to legal materials, financial data, or information portals.
Unless otherwise directed by a supervisor, the responsibilities of the position, or policy, all such information shall be considered confidential. Only that information specifically identified and approved by authorized employees shall be released. Confidential information shall be given only to persons who have a need and a right to know as determined by city policy and supervisory personnel.
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A volunteer whose assignment requires the use of, or access to, confidential or protected information will be required to obtain the necessary security clearance, which may include a criminal background check and/or the submission of fingerprints to the appropriate state agency. Volunteers working this type of assignment will receive training in data practices and be required to sign a nondisclosure agreement before being given an assignment with the City. Subsequent unauthorized disclosure of any confidential information verbally, in writing, or by any other means by the volunteer is grounds for immediate dismissal and possible criminal prosecution.
Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to newspapers or other periodicals, release or divulge any information concerning the activities of the City, or maintain that they represent the City in such matters without permission from the proper city personnel.
206.11.1 RADIO USAGE
Any volunteer who operates city radios while acting in the capacity of a volunteer should receive appropriate training on radio usage.
206.12 EQUIPMENT
Any property or equipment issued by the City shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the City and shall be returned at the termination of service.
206.12.1 VEHICLE USE
Any volunteer who operates any vehicle while acting in the capacity of a volunteer shall receive training in safe driving. The specific training and course of study shall be determined by the volunteer coordinator and supervisor in charge of the volunteer’s assignment.
Volunteers whose assignments require the use of a vehicle must first complete:
A driving safety briefing and, if necessary to the volunteer position, a city-approved driver safety course.
Verification that the volunteer possesses a valid driver’s license.
Verification that the volunteer carries current vehicle insurance.
The volunteer coordinator should ensure that all volunteers receive safety briefing updates and license and insurance verification at least once a year.
When operating city vehicles, volunteers shall obey all rules of the road, including seat belt requirements.
Volunteers should not operate marked law enforcement or other emergency operation vehicles unless there is a prominently placed sign indicating that the vehicle is out of service.
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Volunteers
Volunteers are not authorized to operate city vehicles while using the vehicle's emergency equipment (e. g., emergency lights, siren).
206.13 DISCIPLINARY PROCEDURES/TERMINATION
If a volunteer becomes the subject of a complaint or administrative investigation, the matter may be investigated in accordance with city procedures applicable to regular employees.
Volunteers are considered at-will and may be removed from service at the discretion of the City Manager or the authorized designee, with or without cause. Volunteers shall have no property interest in their continued appointments or due process interest in an administrative investigation. However, if removed for alleged misconduct, the volunteer will be afforded an opportunity solely to clear the volunteer’s name through a liberty interest hearing, which shall be limited to a single appearance before the City Manager or the authorized designee.
Volunteers may resign from volunteer service with the City at any time. It is requested that volunteers who intend to resign provide advance notice and a reason for their decision. 206.13.1 EXIT INTERVIEWS
The volunteer coordinator should conduct exit interviews, where possible. These interviews should ascertain why the volunteer is leaving the position and should solicit the volunteer’s suggestions on improving the position. When appropriate, an exit interview should also include a discussion on the possibility of involvement in some other capacity with the City. 206.14 FORMS
Volunteer Application.pdf
Volunteer Acknowledgement of Workers Compenation.pdf
Confidentiality Agreement.pdf
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Policy
Electronic Communication Systems
207.1 PURPOSE AND SCOPE
The purpose of this policy is to establish the appropriate use of the City's electronic communication resources and to define the security procedures related to their usage. Proper use of the City's electronic communication resources is required to ensure the safe maintenance of public records and maintain optimal performance of the underlying technology infrastructure. The E-Mail and Internet system is a communication and resource tool made available to officials and City employees in order to enhance efficiency in the performance of job duties. The E-Mail and Internet system is a business tool which shall be used in accordance with generally accepted business practices and current law, such as the California Public Records Act.
207.2 POLICY STATEMENT
A. Ownership
All electronic systems, hardware, software, temporary or permanent files and any related systems or devices are the property of the City of South El Monte. These include, but are not limited to, computers, network equipment, software, voice mail, documents, spreadsheets, calendar entries, appointments, tasks, and notes which reside in part or in whole on any City electronic system or equipment.
Supervisors have the authority to inspect the contents of any equipment, file( s ), documents, calendars or electronic mail of their subordinates in the normal course of their supervisory responsibilities. Information Systems staff shall have the right to review and control information, files, documents, voice mail, etc. when appropriate. Reasons for review include but not limited to: system hardware or software problems; general system failure; compliance with a court order or legal action proceedings; suspicion of a crime or violation of any City policy or procedure; suspicion of information systems abuse; request by a supervisor; or a need to perform work or provide a service when the official or employee is unavailable.
B. Confidentiality/ Privacy
Officials and City Employees who use electronic systems and/or tools provided by the City of South El Monte cannot be guaranteed absolute confidentiality. There shall be no expectation of privacy by any person creating, receiving, sending or deleting any document, message or communication. Any and all opinions made using these systems, whether implied or expressed, are those of the individual and not necessarily of the City of South El Monte or management.
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Electronic Communication Systems
C. E-Mail
All E-Mail messages transmitted over the City of South El Monte's network are the property of the City of South El Monte. The City reserves the right to access and disclose, for any reason, all messages sent over its E-Mail system.
Messages transmitted over the E-Mail system should be those which involve City business activities, or contain information essential to the Official or City employees for the accomplishment of business related tasks or communication directly related to City business, administration or practices. The same standards of professionalism and courtesy shall apply to E-Mail communications as they do to written and telephone communications in the City.
Users of E-Mail are solely responsible for the management of their mailbox and its associated folders. EMail documents will remain in a folder until deleted. The user can purge messages manually. Any message or correspondence to be retained for a longer period should be retained in their specified folders and/or converted to a hard copy.
E-Mail will be periodically monitored to ensure E-Mail usage is not abused. Specific examples of abuse include forging mail, accessing another's account without prior authorization, and intimidation or harassment through E-Mail messages.
1. Intimidation or harassment through E-Mail is prohibited and includes but is not limited to:
a. Use of epithets, derogatory comments or slurs on the basis of race, religion, color, national origin, ancestry, disability, medical condition, marital status, gender, sex, sexual orientation or age. This might include inappropriate sex oriented comments on appearance, including dress or physical features, or race oriented stories.
b. Creation or transmission of any false statement which tends to cause injury to one's reputation. Any user creating or distributing defamatory statements shall have sole liability for any damages resulting from such defamatory statements.
D. INTERNET
Request for Internet access must be approved by the City Manager or his/her designee before access will be granted. All suspected intrusions via the Internet or by unauthorized employees are to be replied immediately to the City Manager. The Internet will be used by officials or staff to communicate with others in a manner that is consistent with the City's goal. Official or staff communications using City resources will be considered publications and be governed by City policy regarding staff publications. Time on the Internet is to be limited to that necessary to conduct City-related business.
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207.3 DEFINITIONS
Remote or Remotely: access to City systems from locations other than within City facilities.
Incidental Use of City Resources: occasional, non-business related use, such as sending a brief e-mail or visiting a website to look up information (in accordance with the remainder of this policy) 207.4 GENERAL PROCEDURES AND GUIDELINES
AGREEMENT TO GUIDELINES
All officials and staff of the City of South El Monte are responsible for seeing that E-Mail and Internet access through the City's network are used in an effective, efficient, ethical and lawful manner. The use of information systems is a privilege, not a right, and may be revoked at any time for misuse. Violations of these policies will be dealt with in the same manner as violations of other City policies and may result in a disciplinary review. In such a review, a full range of disciplinary recourse is available, including the loss of access to E-Mail or Internet-related resources, as well as dismissal from employment, and legal action. In addition, violation of some of the above policies may constitute a criminal offense under the California Penal Code and/or Federal Law.
207.4.1 USE GUIDELINES
All employees are expected to read the attached Electronic Communication Systems Memo and to print, sign, and return the attached Policy Acknowledgement Form (Attachment 5.7.A) to the Department of Human Resources.
Limited and incidental personal use of the City's resources. Such as Internet access and e-mail, is allowed outside assigned working hours, provided that they are used in accordance with the guidelines and restrictions set forth in this policy and such use does not interfere with the operation of the City or violate any City policies or instructions from the employee's supervisor.
Users must have no expectation of privacy when using the City's electronic communication resources regardless of whether the systems are used for conducting business and delivering City services or for limited and incidental personal use. Use of the City's electronic communication resources constitutes the User's acknowledgement of the City's right to conduct monitoring and disclosure of all information technology assets and communications.
Any equipment connected to the City's network is subject to the same criteria regarding privacy as City-owned equipment.
All communication resources shall be approved for use and installed by IT.
City resources and ancillary equipment may not be removed from the workplace except with the prior permission of the User's manager or their designees and only for job-related work purposes.
Prohibited uses of the City's electronic communication systems at all times (during work time and non-work time) include, but are not limited to, any activity deemed a violation of any City or department policy regardless of the medium used. Specifically prohibited under this are the following activities:
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Unlawful or Illegal activities.
Threats, insults or attempted intimidation.
Harassment.
Defamation (slander and/or libel).
Obscene or suggestive messages or offensive graphical images; indecent or obscene material, child pornography or any other material that appeals solely to crude interest.
Comments that may demean or offend another's race, religion, national origin, ancestry, disability, medical condition, marital status, sex, sexual orientation or age.
Promulgation of religious or political ideas.
Sending excessive numbers of messages that disrupt message services, harass other persons, or disrupt the work of other employees.
Chain letters.
Political endorsements.
Any activity directed at personal profit, including commercial solicitation or pursuing own business interests or those of another organization.
Any act which constitutes copyright and trademark infringement.
Misrepresentation of the City.
Creating and maintaining personal webpages (as opposed to department or program web pages sanctioned by the Department Director).
Behavior resulting in disruption of the work place or otherwise harmful to the working environment.
Downloading or installing any software on any City computer is prohibited. Software requests must be registered with the Finance Director. City standard software for any particular purpose will always be the first option available unless compelling reasons exist to use non-standard software.
Copying any City computer program for the purpose of using it on any other computer without the prior consent of the Finance Director or his/her designee is prohibited.
Use and/or distribution of computer games is prohibited.
City computers shall not be used to download animated wallpaper from the Internet or installed from any personal device such as a CD or thumb drive. Screen saver software shall not be installed on City computers except as approved by the Finance Department.
Users may not connect City-owned equipment to the Internet through access to wireless or other public or private network services unless specifically authorized by their supervisor.
Employees attending conferences, training, or other business meetings that are assigned laptop computers or other mobile devices may connect those devices to wireless or wired network services in the employee's home or at hotels, restaurants, airports, or other locations where network services are offered by commercial providers.
Any document put on the Internet that identifies the City or a Department requires the appropriate Department Director's approval.
207.4.2 SECURITY
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1. General Security. Unauthorized access to any City networks, computer systems, and data is prohibited. Attempts to access unauthorized networks, computer systems, or data is equivalent to achieving unauthorized access and subject to disciplinary action including termination.
Unauthorized activities.
Connecting any network device to the City's network or any City computer without consent of the Department's Director is prohibited. This prohibition specifically includes any wireless or wired router, switch, hub, network attached storage device, firewall, or computer server.
Executing any form of network monitoring which will intercept data not intended for the employee's own computer or device
Any act in violation of any person's or corporation's protection under copyright, trade secret, patent or other intellectual property concepts. This specifically includes, but is not limited to, the installation or distribution of "Pirated" software or multi-media products using City systems.
Introduction of any malicious computer program onto City systems.
Circumventing user authentication or security of any City computer systems.
Passwords. No User may use another User's account or password Users should make no attempt to gain access to the
electronic communication resources of other Users or of the City except as authorized by his /her department director in compliance with this policy.
The disclosure of an employee's business application, network or e-mail account password or otherwise making the account available to any other person is prohibited. This specifically includes any employee's managers and supervisors.
Access to employee accounts can be granted to supervisory and management personnel by IT upon approval of the employee's division or department head, City Manager, Assistant City Manager, or Human Resources Director.
Each User shall follow the authorized access process, logon, procedures and password protection requirements.
Every workstation or computer server should be equipped with a password-protected screensaver. Exemptions shall be authorized by the Department Director.
Encryption.
Data encryption may be used only when necessary for the purpose of securing information, as according to City
requirements for confidentiality.
Staff shall notify their supervisors of their intent to use encryption and explain how and why they intend to use it.
Once the approval is granted by the supervisor, staff shall give all encryption keys to their supervisors prior to use.
Safe Network Connections.
All systems connected to the City's networks will be continuously running software scanning for malicious applications and other security software unless directed by IT.
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Installing and configuring equipment, software and programs on City computer systems or connecting any non-City network or system or portable communication/computing device to any City system or network without the prior consent of the Finance Director is prohibited.
Confidential Data.
E-mail messages sent to and received from attorneys representing the City are privileged communications. Such e-mail communications shall not be distributed or copied to unauthorized individuals.
Except for certain authorized staff or as otherwise permitted by law, Users are expressly forbidden from accessing or attempting to access any secured confidential personal or medical information on any computer system as well as disclosing any confidential personal or medical information.
207.4.3 STANDARD TELEPHONES
Users shall not accept collect telephone calls at any time.
Connecting a personally owned device, such as a telephone set, facsimile machine, or headset, to the City's voice communications systems or equipment is prohibited. IT will assist employees in identifying appropriate supplemental equipment to meet job-related needs for such devices.
The City may provide a limited number of accessories for use with City owned phones. These accessories will be defined by IT and may only be used with City owned phones. 207.4.4 MOBILE PHONES
By using an assigned device, employees accept responsibility for their use and security Except in the case of an emergency, employees shall not use mobile devices while driving unless the device is specifically designed and configured to allow hands-free listening and talking (California Vehicle Code 23123 (a)). Such use shall be restricted to business related calls or calls of an urgent nature.
This pertains to
City-issued mobile phone
Personal mobile phones
City vehicles
Personal vehicles driven on-duty
Drivers shall not send or read text messages or email, or other messages, while driving Drivers of vehicles without "hands-free" devices are instructed to pull over at the next convenient and safe location in order to send or receive a call or message.
Drivers are instructed to let a call go to voice mail if there is no convenient or safe location in which to send or receive a call or message.
Accessories, Software Applications and Reimbursement
Employees issued City mobile phones are not eligible for reimbursement for software applications (Apps) except as described in this section.
The City may provide a limited number of accessories for use with City owned mobile phones. These accessories will be defined by the Department Director and may only be used with City owned mobile phones.
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3. 4.
5. Apps for mobile phones are the responsibility of the employee. No support will be provided for Apps other than Apps provided by IT or the vendors of business applications in City service.
Apps, ringtones, or mobile reference sources are not to be downloaded except where the purchase of such items has been approved by the employee's supervisor or manager in advance. Employees are subject to disciplinary action if a third party's intellectual property rights have been violated outside of City policies.
All Apps purchases intended for reimbursement by employees must be approved by the employee's manager prior to acquisition of the App. Reimbursement for Apps purchased by an employee prior to approval will not be made regardless of the App's eventual business use. Documentation including the date and purchase cost of the App will be required for reimbursement.
207.5 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails accessed, transmitted, received, or reviewed on any city technology system (see the Information Technology Use Policy for additional guidance).
207.6 RESTRICTIONS ON USE OF EMAIL
Messages transmitted over the email system are restricted to official business activities, or shall only contain information that is essential for the accomplishment of business-related tasks or for communications that are directly related to the business, administration, or practices of the City.
Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, intimidating, harassing, or any other inappropriate messages on the email system is prohibited and may result in discipline.
Email messages addressed to the entire City are only to be used for official business-related items that are of particular interest to all users. In the event that an employee has questions about sending a particular email communication, the employee should seek prior approval from a supervisor.
It is a violation of this policy to transmit a message under another employee's name or email address or to use the password of another to log into the system unless directed to do so by a supervisor. Employees are required to log off the network or secure the workstation when the computer is unattended. This added security measure will minimize the potential misuse of an employee's email, name, or password.
Any employee who believes the employee's password has become known to another person shall change the password immediately.
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Policy
Fuel Card
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208.1 PURPOSE AND SCOPE
The City of South El Monte recognizes the need for fuel cards to conduct its business; this policy outlines the responsibilities associated with the use of this purchasing tool. 208.1.1 DEFINITIONS
Fuel card - a card utilized to fuel City vehicles for the purpose of City business. 208.2 POLICY
This policy supersedes any and all prior City of South El Monte policies on the use of fuel cards. The provisions of this policy should be considered minimum requirements and standards for City departments.
Employees authorized to fuel city vehicles are designated as such either directly by their Department Head or by their supervisor.
208.3 PROCEDURES
There is a fuel card and pin number associated with each vehicle. Supervisors will oversee the issuance of fuel cards to their employees and will establish procedure for tracking and disbursement of fuel cards to their individual employees.
Each employee is required to completely fill the vehicle's fuel tank, complete the Mileage Log, which will be reviewed by Department Head's or their designee. Employees will be liable for any unauthorized purchases which are incurred on a fuel card that has been designated for their use.
Return of Fuel Card
Employees are responsible for returning fuel card upon transferring from one department to another, or upon leaving employment with the City; if their supervisor has designated them to retain fuel card. The employee will be liable for the fuel card and all charges incurred after leaving City employment but before the fuel card is returned.
City Fuel Cards issued to employees:
Use of City fuel cards is restricted to City business.
City issued fuel cards are City property.
Employees should not use fuel cards during their off-hours, unless authorized to do so by their immediate supervisor.
City fuel cards lost or stolen should be reported to a Department Head or Supervisor immediately; failure to do so may place the employee at risk of being held responsible for any charges incurred Fuel Card - 61
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while the fuel card is not reported lost or stolen.
208.4 AUTHORIZATION
Employees authorized to fuel City Vehicles are designated as such either directly by their Department Head or by their supervisor.
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Policy
Purchasing and Procurement
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209.1 PURPOSE AND SCOPE
This policy provides guidelines for the purchasing and procurement of goods and services for the city. 209.2 POLICY
It shall be the policy of the city to secure services, supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases and to assure the quality of purchases.
209.2.1 APPLICABILITY
The procedures set forth in this chapter shall not apply to contracts for "public projects" or "maintenance work" as defined in California Section 22002 or any successor statute, which are governed by the procedures set forth in Chapter (Public Projects) of this title 209.3 AUTHORITY AND RESPONSIBILITY
The authority and responsibility for the purchase of services, supplies, and equipment for the city shall be vested in the city manager or his or her designee. The city manager or his or her designee shall purchase services, supplies and equipment in accordance with the procedures prescribed in this chapter.
209.4 CITY MANAGER APPROVAL THRESHOLD
The "City Manager approval threshold" is the maximum unit price of an individual item that the City Manager may purchase without submitting to formal competitive bidding procedures as defined in this chapter. The city manager approval threshold shall be fifty thousand dollars. 209.5 WRITTEN CONTRACT REQUIREMENTS FOR SERVICES
Written Contract Required. The provision of services of an estimated value greater than fifty thousand dollars shall be by written contract awarded in accordance with the procedures set forth in this chapter.
Special Procedures. The following special procedures shall apply to the provision of services:
Performance of Services on Private Property. Notwithstanding the provisions of subsection A of this section, where the provision of services requires the service provider to perform work on private property, regardless of the dollar amount of the proposed work, such services shall Purchasing and Procurement - 63
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be by written contract, which shall include, but not be limited to, insurance and indemnity requirements satisfactory to the city attorney, awarded in accordance with the procedures set forth in this chapter.
Protection of City. Notwithstanding the provisions of subsection A of this section, a written contract shall be required for the provision of services, regardless of the dollar amount of the proposed services, if, in the opinion of the city manager or department director, a written contract is necessary to protect the city from increased liability that could arise from the performance of those services. Any written contract required pursuant to this subsection shall include, but not be limited.
209.6 FORMAL CONTRACT PROCEDURE
Purchases of supplies and equipment and provision of services of an estimated value greater than fifty thousand dollars shall be by written contract with the bidder who, after notice, offers the city, as determined by the city council in its sole discretion, the best combination of price and quality. For the purposes of this chapter, "notice" shall mean a notice inviting formal written competitive bids in accordance with the provisions of this section.
Any notice required by this section shall be published in a newspaper of general circulation printed and published in the city, or if there is none then in a newspaper serving the area. The city manager shall also mail a copy of such notice to anyone who has requested to be so notified.
All notices required by this section shall be published not less than ten days prior to the date specified for the opening of the bids.
When deemed necessary by the city manager, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to the return of bid security, provided that a successful bidder shall forfeit its bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed. The time to sign the agreement before forfeiting the bidder's security shall be extended for delay caused by the city.
E. The city council shall award all bids under this section. On refusal or failure of the successful bidder to execute the contract, the council may award the bid to another bidder based upon the appropriate criteria provided in subsection A of this section. If for that reason the council awards the contract to another bidder, the amount of the first awardee's security shall be applied by the city to the difference in the amount of the bid between the first awardee and the second awardee, and the surplus, if any, shall be returned to the first awardee.
Bids shall be submitted to the city clerk and shall be so identified on the envelope. Bids shall be submitted in writing and must be received prior to the bid closing date to be considered. Bids shall be opened at the time and place specified in the notice inviting sealed bids. The city clerk shall retain copies of all bids received by the city manager and shall make the bids available for public inspection during regular business hours for not less than two years following the bid opening.
Notwithstanding the foregoing, bidder proprietary information shall not be available for public inspection.
The council may reject any and all bids, waive any irregularity in any bid, or re-advertise for bids.
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If two or more bids received for supplies and equipment are for the same total amount or unit price, the council may accept the bid it considers best meets the needs of the city. 209.7 OPEN MARKET PROCEDURE
Provision of services or purchase of supplies and equipment of an estimated value of $50,000 or less may be made by the city manager in the open market without observing the formal bid procedure prescribed by Section 3.16.040 of this chapter, in accordance with the following procedures:
The city manager may purchase services, supplies, and equipment of an estimated value of fifty thousand dollars or less in the open market. Purchases in excess of five thousand dollars but less than or equal to fifty thousand dollars shall be based on at least three informal bids solicited annually and shall be awarded as follows:
Bids for the purchase of supplies and equipment shall be awarded to the lowest responsible and responsive bidder as reflected in the informal bids. The city manager may reject any and all bids, waive any irregularity in any bid, or re-solicit bids.
Bids for services shall be awarded to the bidder who, after the informal bid process, offers the city, as determined by the city manager in his or her sole discretion, the best combination of price and quality.
Informal Bid Defined. For the purposes of this chapter, "informal bid" means bids solicited by the city manager or his or her designee. Copies of all written proposals received and the city manager's or his or her designee's written documentation or notes confirming bids and the confirming documentation provided by the bidder(s) shall be retained for public inspection during regular business hours for not less than two years after receipt. Notwithstanding the foregoing, vendor proprietary data shall not be open for public inspection. 209.8 USE OF VENDORS SELECTED BY ANOTHER AGENCY
The City Manager may purchase services, supplies and equipment for which the city would normally follow its own bid procedures from a vendor awarded a bid by another public agency if the agency utilized procedures substantially the same as those normally utilized by the city. The amount of the purchase shall be based on the price bid in the other jurisdiction.
209.9 PROFESSIONAL SERVICES
The services of attorneys, physicians, architects, engineers, consultants, auditors, or other individuals or organizations possessing a high degree of professional, specialized technical skill or expertise, may be made without following bid procedures.
209.10 EMERGENCY PURCHASES
Emergency purchases required due to natural disasters or other unforeseen circumstances may be made according to the city's emergency operations plan. Prior approval must be given by the city manager, if available, or by the assistant city manager if the city manager is absent.
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209.11 PAYMENT INVOICES
Emergency purchases required due to natural disasters or other unforeseen circumstances may be made according to the city's emergency operations plan. Prior approval must be given by the city manager, if available, or by the assistant city manager if the city manager is absent.
Payment disputes will be resolved by the finance director. 209.12 SALE OF OBSOLETE PERSONAL PROPERTY
The city manager shall sell worn-out, scrap, or obsolete personal property, or exchange the same for, or trade in the same on new supplies and equipment, including property of all departments, by soliciting bids.
No bids will be accepted from city employees or contractors. If the value of the property to be sold is of a value of two thousand dollars or less, the sale shall be approved by the city manager. In the event the value of the property to be sold is more than two thousand dollars, the sale shall be subject to the approval of the city council.
209.13 FORM CONTRACTS
The city attorney shall approve as to form, the general forms of contracts, notice inviting bids, general provisions of bid specifications, request for proposals, and other purchasing forms, as needed, to be used by the city. Use of a purchase order to streamline the ordering process is encouraged but not required.
The following exceptions are allowed:
Purchases of less than twenty-five hundred dollars;
Utility bills, rents and lease payments;
Purchases made by credit cards authorized by the city manager, provided such purchases conform to the written policy established by the city manager or his or her designee. The customer's copy of the invoice shall be delivered to the finance director for approval for payment; Purchases of supplies and equipment over fifty thousand dollars shall be by written contract; Purchases of services shall conform to the applicable procedures set forth in Section 209.7 of this chapter.
209.14 EXCEPTIONS
Sections 209.6 and 209.7 of this chapter shall not apply to the purchase of services, supplies and equipment under any of the following circumstances:
The City Manager finds that such services, supplies or equipment are unique because of the quality, durability, availability, or fitness for a particular use and are available from only one source; or
The City Manager finds that exigent circumstances require the immediate purchase of such services, supplies or equipment;
The City Council finds that due to the nature of the services, supplies or equipment, bidding is not likely to result in the lowest price; or
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The City Manager or the city council, as specified herein, determines that, due to unique circumstances or unusual factors, the award for the purchase of services, supplies or equipment from a source other than the lowest responsible bidder is in the best interest of the city. 209.15 INSPECTION AND TESTING
The city manager shall require that all services, supplies and equipment are inspected and in conformity with the specifications set forth in the order or contract. The city manager shall have authority to require chemical and physical tests of samples submitted with the bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. 209.16 PREFERENCE TO LOCAL BUSINESS
Notwithstanding Sections 209.6 and 209.7, in the evaluation of all bids and/or costs estimates for city purchase contracts for materials, supplies, equipment or services pursuant to this chapter, or in selecting a contractor for a city contract in which the city selects a business for the contract on the basis of comparison of the price of bids or estimates, the city shall provide local businesses with a preference as shall be determined by resolution of the city council.
For purposes of this section, "local business" shall mean any business which has or maintains a fixed office, distribution point, or place of business within the city and whose business address is not a post office box, and which is shown by records maintained by the city's finance department as having secured and paid all necessary business licenses and applicable fees and taxes imposed by the city.
This section shall not be applicable in the following circumstances:
Where application of this chapter would violate or be prohibited by any applicable state or federal law;
Where the awarding authority finds the preference to be an unacceptable loss of government revenue or funding;
No person shall make any intentional misstatement or misrepresentation in order to obtain a preference under this section.
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Chapter 3 - Facilities
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Policy
Key Access Device Controls
300.1 PURPOSE AND SCOPE
The control and accountability of keys is important to maintain a safe and secure environment for employees and members of the public.
300.1.1 DEFINITIONS
Definitions related to this policy include:
Key - All electronic or mechanical devices used to access or exit city buildings and facilities. It includes proximity cards, key fobs, and other electronic access devices. 300.2 POLICY
It is the policy of the City that all keys used to access local government buildings and facilities are inventoried and controlled.
300.3 KEY IDENTIFICATION
All keys that open any doors or locks to city buildings or facilities should be marked with unique identification codes that will allow for quick inventory. Keys that are bundled together as a set should be numbered or coded with a tag to identify that set and the number of keys on the ring. The identifying numbers or codes on keys should not correspond to numbers/codes on locks.
A separate secure document identifying all keys will be maintained by the City Manager or the authorized designee.
300.4 KEY CONTROL
Keys may be issued to employees or accessed and checked out by authorized employees from secure designated areas. Keys issued to or accessed and checked out by employees shall be limited to only those keys necessary for the employee’s position.
Employees shall not loan a key or key set to another person. All keys must be issued or checked out through the control process. Employees shall not possess any key for which they have not been authorized.
All keys issued or checked out to employees remain the property of the City. Employees shall not duplicate, mark, alter, or manufacture any key without written authorization from the City Manager or the authorized designee.
The City Manager or the authorized designee should regularly inventory all city keys. 300.5 LOCK POLICY
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All city buildings and facilities should be kept locked during non-operating hours. Employees shall not leave public entrances to city buildings and facilities unlocked or propped open during non-operating hours. Employees should never leave non-public entrances to city buildings and facilities unlocked or propped open.
300.6 TESTING
The City Manager or the authorized designee should periodically test locks to doors and gates for proper function and document the testing.
300.7 EMERGENCY KEY SET
At least one key set containing every key for city buildings and facilities should be kept separate from all of the other key sets in a secure location and made accessible only to the City Manager or the authorized designee in the event of an emergency.
300.8 MISSING KEYS
Any employee who discovers that a key or key set is missing shall report it to a supervisor as soon as reasonably practicable. If a reasonable effort to locate the key fails, the supervisor shall notify the City Manager or the authorized designee regarding the loss of the key, when it was discovered, and the circumstances involved.
The City Manager or the authorized designee will determine whether to re-key any locks that may have been compromised, and whether this should be done immediately. 300.9 DAMAGED KEYS OR LOCKS
Malfunctioning or damaged keys or locks shall be promptly reported to a supervisor. No part of a broken key should be left in the lock. All portions of the damaged key must be turned in to a supervisor, who will provide a replacement key as needed. Damaged locks should be replaced or repaired as soon as practicable. Appropriate security measures should be taken until such time as the lock is properly restored. 300.10 KEY CONTROL RECORDS
The City Manager or the authorized designee will maintain documentation for the accounting and security of all keys and key sets. Key control measures should be documented by the designated employee and the records retained in accordance with established records retention schedule.
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Policy
Public Safety Video Surveillance System
301.1 PURPOSE AND SCOPE
This policy provides guidance for the placement and monitoring of city public safety video surveillance, as well as the storage and release of the captured images. 301.1.1 DEFINITIONS
Surveillance Camera - Any item, system, camera, technology device, communications device, or process, used alone or in conjunction with a network, for the purpose of the gathering, monitoring, and recording or storing an image or images of City facilities and/or people in City facilities. Images captured by surveillance cameras may be real-time or preserved for review at a later date. Such devices may include, but are not limited to the following: close circuit television, web cameras, real-time surveillance systems, and computerized visual monitoring.
Surveillance Monitoring or Recording - The process of using surveillance camera to observe, review or store visual images for purposes of deterring crime and protecting safety and security.
City Facilities - All City space on City owned, leased or controlled property, both internal and external, and includes all buildings, offices, common spaces, grounds, and all other spaces. 301.2 POLICY
The City operates a public safety video surveillance system to enhance public safety and security in public areas. Cameras may be placed in strategic locations to help safeguard against potential threats to the public, to help manage emergency response situations during natural and man-made disasters, and to assist city officials in providing services to the community.
Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy.
301.3 OPERATIONAL GUIDELINES
Only city-approved video surveillance equipment shall be utilized. Employees authorized to monitor video surveillance equipment should only monitor public areas and public activities where no reasonable expectation of privacy exists. The City Manager or the authorized designee shall approve all proposed locations for the use of video surveillance technology and should consult with and be guided by legal counsel as necessary in making such determinations.
301.3.1 PLACEMENT AND MONITORING
Camera placement will be guided by the underlying purpose or strategy associated with the overall video surveillance plan. As appropriate, the City Manager or the authorized designee should confer with any Public Safety Video Surveillance System - 71
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appropriate city department and designated community groups when evaluating camera placement.
Environmental factors, including lighting, location of buildings, and presence of vegetation or other obstructions, should also be evaluated when determining placement.
Cameras shall only record video images and not sound. The public safety video surveillance system may be useful for the following purposes:
To prevent, deter, and identify criminal activity.
To respond to critical incidents.
To augment resources in a cost-effective manner.
To monitor pedestrian and vehicle traffic activity.
Images from each camera should be recorded in a manner consistent with the underlying purpose of the particular camera. When activity warranting further investigation is reported or detected at any camera location, the available information should be preserved and the appropriate department should be notified in a timely manner.
The City Manager or the authorized designee may authorize video feeds from the public safety video surveillance system to be forwarded to a specified location for monitoring by law enforcement, government agencies, road or traffic crews, or fire or emergency operations personnel.
Unauthorized recording, viewing, reproduction, dissemination, or retention of anything documented by public safety surveillance equipment is prohibited.
301.3.2 CAMERA MARKINGS
All public areas monitored by public safety surveillance equipment should be marked in a conspicuous manner with appropriate signs to inform the public that the area is under surveillance by the City. Signs should be well lit, placed appropriately, and without obstruction to ensure visibility. 301.3.3 INTEGRATION WITH OTHER TECHNOLOGY
The City may elect to integrate its public safety video surveillance system with other technology to enhance available information. Integration with video-based analytical systems may be considered based upon availability and the nature of the surveillance strategy.
The City should evaluate the availability and propriety of networking or otherwise collaborating with appropriate private sector entities and should evaluate whether the use of certain camera systems requires additional safeguards.
301.4 VIDEO SUPERVISION
Supervisors should monitor video surveillance access and usage to ensure employees follow city policy and applicable laws. Supervisors should ensure such use and access is appropriately documented. 301.4.1 VIDEO LOG
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A log should be maintained at all locations where video surveillance monitors are located. The log should be used to document all persons not assigned to the monitoring locations who have been given access to view or monitor images provided by the video surveillance cameras. The logs should, at a minimum, record the:
Date and time access was given.
Name and department of the person being given access to the images.
Name of the person authorizing access.
Identifiable portion of images viewed.
301.4.2 PROHIBITED ACTIVITY
Public safety video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists.
Public safety video surveillance equipment shall not be used in an unequal or discriminatory manner and shall not target individuals or groups based solely on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.
Video surveillance equipment shall not be used to harass, intimidate, or discriminate against any individual or group.
301.5 STORAGE AND RETENTION OF MEDIA
All downloaded media shall be stored in a secure area with access restricted to authorized persons. All actions taken with respect to preservation or retention of media shall be appropriately documented.
The type of video surveillance technology employed and the manner in which recordings are used and stored will affect retention periods. The recordings should be stored and retained in accordance with this policy and the established records retention schedule.
301.5.1 EVIDENTIARY INTEGRITY
Any recording that has been identified as evidence, or that could be relevant to pending or reasonably anticipated investigations or legal action, shall be preserved in a manner that retains its original content. 301.6 RELEASE OF VIDEO IMAGES
All recorded video images gathered by the public safety video surveillance equipment are for the official use of the City.
Requests for recorded video images from the public or the media shall be processed in the same manner as requests for public records.
Requests for recorded images from other government entities shall be referred to the City Manager.
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Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established city subpoena process.
301.7 VIDEO SURVEILLANCE AUDIT
The City Manager or the authorized designee will conduct an annual review of the public safety video surveillance system. The review should include an analysis of the cost, benefit, and effectiveness of the system, including any public safety issues that were effectively addressed and any systemic operational or administrative issues that were identified, including those related to training, discipline, or policy.
The results of each review shall be appropriately documented and maintained by the City Manager or the authorized designee and other applicable advisory bodies. Any recommendations for training or policy should be promptly addressed.
301.8 TRAINING
All city employees authorized to operate or access public safety video surveillance systems should receive appropriate training. Training should include guidance on the use of cameras and a review of relevant policies and procedures. Training should also address state and federal law related to the use of video surveillance equipment and privacy.
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Use of Public Facilities
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302.1 PURPOSE AND SCOPE
This policy provides guidance regarding the permitting process for the use of city facilities by members of the public.
This policy does not apply to spontaneous expressive activities such as demonstrations or to expressive activities of groups of fewer than 50 people. Nor does it apply to other gatherings of fewer than 50 persons when the department head has developed appropriate nondiscriminatory application or request processes for the use of city facilities under the control of the department head. 302.1.1 DEFINITIONS
Definitions related to this policy include:
Applicant - Any individual, group, or organization seeking approval to use city facilities.
Facilities - Any buildings, rooms, structures, sites, complexes, parks, roads, walkways, parking areas, equipment, and other real or personal property owned or leased by the city that are made available for use by the general public.
302.2 POLICY
It is the policy of the City to make certain facilities available for public use in a fair and equitable manner based on an established application and permitting process. 302.3 PERMIT PROCESS
The City Manager or the authorized designee should develop, implement, and maintain a permitting process for the use of city facilities. The process should include:
A standardized application and reservation system.
An application submittal period and review process.
A method of communicating confirmations and denials of applications, as well as an appeals process for denials.
Permit forms for facility use.
A fee schedule for facility use and for payment of deposits, balances due, and refunds.
A nondiscriminatory process for establishing how much liability insurance will be required from applicants.
A process for making changes to existing reservations and for cancellations.
The designation of city employees responsible for enforcing permit terms.
Rules and regulations for facility use (e.g., cleaning, smoking/vaping, alcohol use, food and beverage sales or service, insurance coverage).
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A process for determining when free speech expression areas will be necessary and a process for designation and monitoring of such areas, when used.
The City Manager should also adopt and maintain city requirements related to facility use permits, including duration of use, traffic control, and noise limitations. 302.3.1 APPLICATION REVIEW
The following should be considered when determining whether to grant or deny an application for facility use:
The application should be complete and not contain false or misleading information.
The activity or event should not pose unreasonable health or safety risks.
Appropriate ancillary facilities such as parking and sanitary facilities should be available and adequate for the activity or event.
The activity or event should not pose an unreasonable risk of damage to city facilities.
An application should be denied if the applicant has damaged city facilities in the past and has failed to pay for the damages.
Adequate supervision and security personnel for the activity or event should be provided by the applicant.
When determining whether to grant or deny an application for facility use, the City shall not consider an applicant’s:
Actual or perceived classification or status protected by law, such as religion, race, or gender identity or expression.
Political, social, or ideological beliefs.
Viewpoint, message, or program content and any anticipated response. 302.3.2 PERMIT TERMS
Permits should contain the applicant’s agreement to:
Return the facilities to their original condition and assume responsibility for any damage or loss sustained.
Comply with all federal, state, and local laws, regulations, and ordinances, as well as all permit requirements and conditions imposed by the City.
Refrain from promoting, permitting, or engaging in illegal activity.
Obtain a general liability insurance policy in the amount required naming the City as an additional insured and identifying the policy as primary to the city’s insurance coverage.
Make it clear to the public that the activity or event is the applicant’s and that any message is not endorsed or made by the City.
Permits should also contain notice to the permitee that failure to comply with permit terms may result in enforcement action and denial of future applications.
302.4 DISTURBANCES OR CRIMINAL ACTIVITY
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Non-law enforcement employees should not attempt to physically control a person or group that is creating a disturbance or engaging in criminal activity on city property during a permitted activity or event.
Such instances, as well as unapproved demonstrations or acts of civil disobedience, should be reported to law enforcement for handling.
302.5 RECORDS
All records created and submitted during and related to the permitting process should be maintained in accordance with the established records retention schedule.
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Holiday Displays
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1. 303.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance on holiday displays by the City.
The use of city facilities by members of the public or private groups is addressed in the Use of Public Facilities Policy.
Memorials on city property are addressed in the Memorials on Public Property Policy. 303.2 POLICY
It is the policy of the City that city seasonal temporary holiday displays be appropriate and lawful. 303.3 RESPONSIBILITIES
The City Manager should review and approve each city holiday display.
The City Manager’s review should be completed prior to installation of the display and should include a review of the following:
The location of the display, including the types of structures and properties immediately adjacent to the display.
The manner and format in which the different secular and non-secular decorations will be displayed.
Whether the display complies with the criteria set forth in this policy.
If the City Manager has any concerns regarding the content of the display, counsel should be consulted prior to proceeding.
303.4 REVIEW CRITERIA
A city holiday display should not have an overall effect of supporting or endorsing a religion or denigrating or inhibiting any religion or religious belief. When reviewing a proposed display, the City Manager should consider the following:
The holiday display should:
Have a primary purpose that is secular.
Recognize the celebration of the holidays and/or seasonal traditions (e.g., lights, snowflakes, Santa Claus in the winter; bunnies, baskets, eggs in the spring).
Include religious symbols only if they are accompanied by numerous other non-religious holiday items and in a non-religious setting.
The holiday display should not:
Include religious symbols (e.g., a nativity scene, a cross, a menorah) alone or in a setting that focuses on or draws attention to a specific religion or the religious nature of a symbol.
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Be placed in any location that makes it appear that the display endorses a religion (e.g., on property adjacent to a church, other religious institution, or area connected to a religion; on city property that has a statue, monument, or sign that in combination with a holiday display might appear to endorse a religion).
Be used for any religious practices or ceremonies.
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Memorials on Public Property
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304.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance on the review and approval of city memorials and the relocation, alteration, or removal of existing memorials on city property.
This policy addresses memorials established by the City and memorials requested or donated by members of the public.
This policy does not apply to the following:
Works of art that are not memorial or commemorative in nature Signage or plaques placed on city property for the purpose of acknowledging a donor or sponsor Historical markers or placards that provide information to the public Temporary displays on city property are addressed in the Holiday Displays and the Use of Public Facilities policies.
304.1.1 DEFINITIONS
Definitions related to this policy include:
Memorial - A permanent monument, museum, building, garden, plaque, sculpture, or the like intended to commemorate or preserve the memory of a person, group, action, or event. 304.2 POLICY
It is the policy of the City that memorials on city property be considered and approved pursuant to this policy.
304.3 RESPONSIBILITIES
The City Manager or the authorized designee should:
Establish procedures for the submission, review, and approval of requests by members of the public for new city memorials or for the removal, alteration, or relocation of existing memorials. The procedures should include:
That all requests be submitted in writing.
For new memorials, that the request includes detailed information regarding the form and substance of the proposed memorial, the proposed location, and the proposed source of funding.
The proposed memorial should be presented either in fully finished form or in a model prior to final acceptance by the City.
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For existing memorials, that the request include the reason for the requested removal, relocation, or alteration.
Requests for relocation should identify the new proposed location.
Requests for alteration should detail the type and form of the proposed alteration.
Review by any appropriate department.
The opportunity for input from members of the public.
The opportunity for the City to ask the requester for modifications to a proposed memorial, relocation, or alteration consistent with this policy.
That any denial of a request be documented.
An appeal process to the City Manager or the governing body for application denials or modification requests.
Provide notice to members of the public making requests that:
For new memorials, the memorial becomes the property of the City upon installation.
The City may deny any request after a review of the request under the procedures established by this policy.
The City will make a final determination as to the location of all new or relocated memorials within the City.
Existing memorials on city property do not establish a precedent for any future approvals.
Adopt and maintain additional city requirements relating to new memorials or the removal, alteration, or relocation of existing memorials.
Requirements may include size, material quality, and appearance standards.
Coordinate a process for the periodic review of existing memorials to consider whether:
Relocation, alteration, or removal is appropriate. This process should include the evaluation of the overall condition of the memorial and whether there are any reasons to consider the relocation, alteration, or removal of the memorial.
Designation as a historic landmark or district under federal, state, or local laws or guidelines is appropriate for any memorials.
Create a list of all memorials within the City that includes the type of memorial, the current location of the memorial, and any specific maintenance, safety, or access information relevant to the memorial.
304.4 CONSIDERATIONS FOR NEW MEMORIALS
The following criteria should be considered for all new memorials:
The memorial should:
Support or promote the common history of the City, local culture, civic identity, or mission of the City.
Be of historical or social significance.
Be located in an area that is connected with the person or event being commemorated.
Be compatible with the area surrounding the proposed location.
The size, content, and appearance of the memorial should improve or otherwise enhance the social and physical environment of the surrounding area.
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Comply with any additional city requirements related to memorials.
The memorial should not:
Present unreasonable maintenance, security, environmental, or access issues.
Be offensive to a reasonable person.
Reasonably appear to be promoting, favoring, or inhibiting any religion or political affiliation.
Consideration should be given to how the memorial corresponds with other memorials in the immediately surrounding area and in the City generally.
304.5 CONSIDERATIONS FOR THE REMOVAL, ALTERATION, OR
RELOCATION OF EXISTING MEMORIALS
The following criteria should be applied to all cases where the removal, alteration, or relocation of a memorial is being considered, whether initiated by a request from members of the public or internally by city officials or staff.
The memorial should be removed, altered, or relocated, as appropriate, if:
The memorial has deteriorated to the extent that it cannot be safely maintained in its current location.
Security issues make the current location unreasonable.
The memorial is damaged beyond reasonable repair.
Social or environmental changes to the location or surrounding area have made the memorial no longer appropriate for the location.
The memorial is no longer sufficiently connected to the common history, local culture, or mission of the City.
A more appropriate alternative location for the memorial is reasonably available.
The memorial should not be removed, altered, or relocated:
If federal, state, or local laws restrict the removal, alteration, or relocation of the memorial.
Without appropriate pre-approvals from federal, state, or local officials, as required.
If removal, alteration, or relocation is not consistent with additional requirements adopted or maintained by the City Manager.
Without final approval of the City’s governing body.
304.6 DAMAGE OR DETERIORATION
Employees who observe damage to or significant deterioration of an existing memorial should report the damage to a supervisor. Appropriate repairs may be made with supervisory approval.
If damage or deterioration to a memorial reasonably appears to present a safety issue, access to the memorial should be restricted and a supervisor should be immediately notified. 304.7 DOCUMENTATION
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The following should be created and maintained consistent with the established records retention schedule:
The list of memorials within the City.
Documentation relating to the approval of any new memorials.
Documentation relating to the removal, relocation, or alteration, of any memorial, including the reason for the action, and whether the memorial has been stored or otherwise disposed of.
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Policy
Flags
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305.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper display of flags at city facilities. 305.2 POLICY
It is the policy of the City to display flags in compliance with federal and state laws and local ordinances. 305.3 DISPLAY OF FLAGS
Flags flown at city facilities will be displayed in the following order of prominence:
The United States flag
Flags of foreign governments recognized by the United States when flown with the United States flag
The state flag
The city flag
The department flag
Any commemorative flags
305.4 DISPLAYING THE FLAG OF THE UNITED STATES
Federal law providing for the use and the display of the United States flag is contained in Title 4 Chapter 1 of the United States Code, commonly referred to as the “Flag Code.” The City will display the flag of the United States in accordance with the provisions of 4 USC § 1 through 4 USC § 10. 305.4.1 DISPLAY OF THE UNITED STATES FLAG IN DAILY OPERATIONS Employees should consult the Flag Code for guidance whenever the flag of the United States is to be displayed in any manner. This is to ensure that the display is presented in accordance with the Flag Code and as follows:
The United States flag should be conspicuously posted on all city facilities during hours of operation.
It is the universal custom to display the flag only from sunrise to sunset on buildings and on a stationary flagstaff in the open. However, the flag may be displayed 24 hours a day if it is properly illuminated during the hours of darkness (4 USC § 6).
The flag should not be displayed on days when the weather is inclement, except when an allweather flag is displayed (4 USC § 6).
The United States flag may only be flown at half-staff by Presidential or Gubernatorial decree, and on Memorial Day until noon (4 USC § 7).
Whenever the United States flag is displayed in conjunction with other flags or symbols it should occupy the “Place of Honor” (4 USC § 7).
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305.5 DISPLAY OF THE STATE FLAG
The City will display the state flag prominently and in the proper position of honor in accordance with the United States Flag Code.
305.5.1 DISPLAY OF THE STATE FLAG IN DAILY OPERATIONS
Employees should review state law for guidance whenever the flag is to be displayed in any manner to ensure that the display is presented appropriately. Displays of the flag should be consistent with the following protocol:
The flag should be conspicuously posted on all city facilities during hours of operation.
Generally, the flag should be displayed only from sunrise to sunset on buildings and on a stationary flagstaff in the open. However, the flag may be displayed 24 hours a day if it is properly illuminated during the hours of darkness.
The flag should not be displayed on days when the weather is inclement, except when an allweather flag is displayed.
The flag shall be flown at half-staff whenever the flag of the United States is flown at half-staff, and may only be flown at half-staff at other times by order of the Governor.
Whenever the flag is displayed in conjunction with the United States flag, the United States flag shall occupy the position of first honor (4 USC § 7). When the flag is displayed in conjunction with other flags or symbols, it should occupy the position of honor. 305.6 DISPLAY OF COMMEMORATIVE OR UNOFFICIAL FLAGS
City flag displays, including but not limited to flagstaffs, are not intended to serve as a forum for free expression by the public. Commemorative flags or flags not identified in this policy, including flags of a government not recognized by the United States, should not be displayed by the City without prior approval from the City Manager.
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Chapter 4 - Equipment and Technology
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Policy
Local Government-Owned and Personal Property
400.1 PURPOSE AND SCOPE
This policy addresses the care of city-owned property and the role of the City when personal property, the property of another person or entity, or city-owned property is damaged or lost. 400.1.1 DEFINTIONS
City equipment and/or property - includes, but is not limited to: security access cards, lap top computers, cellular phones, hot spots, air pods, cameras, keys, tools, uniforms, vehicles, capital equipment used in the regular course of employment such as lawn mowers, large power tools, back hoes, etc.
Negligence -the damage or loss of City equipment and/or property due to the employee's dishonesty, willful misconduct, or gross negligence.
Employee - any person holding a regularly compensated position with the City of South El Monte, including regular full-time, part-time, temporary, seasonal, or any other classification of employee.
Business call - a telephone call made for the purpose of the City's business.
Personal call - a telephone call that is not for the purpose of the City's business.
Cell phones - cellular phones and combination cell phone/ radio units, including digital and analogue equipment.
Roaming - a call to or from a cell phone that is located outside of its "home area", as defined by the carrier's coverage map. Typically, cell phones indicate roaming calls by displaying an "R" on the cell phone screen.
Long Distance - any call made to a telephone with an area code outside the calling area. 400.2 POLICY STATEMENT
The City will ensure that employees are issued appropriate property and equipment necessary for the employee's job function. The City will take steps to minimize the cost associated with maintaining city property, including personal property authorized for use in the employee's duties.
The city recognizes the need for city-issued equipment and property to conduct its business. This policy outlines the responsibilities associated with the provision of this equipment.
This policy supersedes any and all prior City policies on city-issued equipment and property. The provisions of this policy should be considered minimum requirements and standards for city departments.
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400.3 LOCAL GOVERNMENT-ISSUED PROPERTY
Supervisors should document all property and equipment issued by the City in the appropriate file at the time of issuance. Receipt of issued items shall be acknowledged by the receiving employee’s signature.
Upon separation from the City, all issued property and equipment shall be returned. Documentation of the return shall be acknowledged by the signature of a supervisor. 400.3.1 EMPLOYEE RESPONSIBILITIES
Employees shall be responsible for the safekeeping, serviceable condition, proper care, proper use, and replacement of city property that has been assigned or entrusted to them.
Employees shall promptly report, through their supervisors, any loss of, damage to, or unserviceable condition of any city-issued property or equipment.
The use of damaged or unserviceable property should be discontinued as soon as practicable, and the item replaced with a comparable item as soon as available.
Except when otherwise directed by a supervisor or when exigent circumstances exist, city-issued property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed.
City-issued property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without prior approval.
Employees should obtain a supervisor’s approval before any attempt to repair damaged or unserviceable property, unless the repair is of a minor or temporary nature. 400.3.2 PROCEDURE
Upon hire, the Human Resources Division will provide a copy of the City Equipment/Property Policy to the employee. The employee must acknowledge receipt of the Policy.
The Registration of Inventory Control Equipment form, attached to this policy, must be completed whenever equipment is issued to, or turned in, by an employee to the Finance Department.
The Registration of Inventory Control Equipment form shall be signed by both the supervisor and the employee and a copy shall be submitted to the Human Resources Division to be placed in the employee's personnel file.
Requests for cell phones must be authorized by the employee's Department Head or Department Head's designee. Cell phone use should be authorized or continued only if there is evidence that the cell phone significantly aids service delivery and/or measurably increases productivity. Cell phones should not be authorized based solely upon the level of a position. Departments are responsible for ensuring that they have available funds to pay for airtime and ongoing cell phone costs. 400.3.3 CITY CELL PHONES ISSUED TO EMPLOYEES
Employees with a business need for a cellular phone may be assigned a City-issued phone.
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Use of City-issued cellular phones is restricted to City business; personal calls (outgoing or incoming) will only be allowed infrequently for limited duration in emergencies when these calls cannot be made from a land line within a reasonable period of time.
Cellular telephone use is to be kept to a minimum. Cellular telephone calls should only occur when conventional telephones are not available.
City-issued phones will be City property and will be on a cellular/data plan provided by the City.
Overage charges and long-distance calls are prohibited
Employees should not use cellular telephones during their off-hours, unless authorized to do so by their immediate supervisor.
Cellular phone conversations are not always secure and should not be used to discuss sensitive or confidential information.
Employees should not download additional applications to City-issued cellular phone. Employees should not search for or upload inappropriate, illegal, or obsence material on City-issued cellular phone.
Employees should not change City-issued four-digit passwords and iCloud passwords on city cell phone.
The "find my iPhone" application should be activated at all times.
Employees that are issued a device are expected to protect the equipment from loss, damage, and /or stolen, employee will be responsible for the city's deductible for the replacement of the phone.
Employee should use discretion when storing sensitive or confidential information on the city cell phone.
400.4 PERSONAL PROPERTY
Personal property or equipment shall not be carried during work hours or used for work-related purposes without prior approval by the City Manager or appropriate supervisor. The employee should submit a request that includes a description of the property and the reason and length of time it will be used.
Personal property of the type routinely carried (e.g., cell phone, wallet, sunglasses) is excluded from this requirement (see the Personal Communication Devices Policy).
The City will not replace or repair property that is not reasonably required as part of work. 400.4.1 PERSONAL CELLULAR PHONE USE AT WORK
During duty hours, employees are expected to exercise the same discretion in using personal cell phones as is expected for on-site phone use. Receving or placing personal calls during work hours, regardless of the type of phone used, can interfere with employee productivity and be distracting to others.
Employees should make or accept any personal calls only on non-work time and away from public viewing when possible.
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Employees should inform their friends and family members of the policy. If the employee knows of the circumstances which will demand immediate attention and personal use of a phone during work hours, the employee should inform their manager or supervisor in advance, if possible. Flexibility may be provided in such circumstances.
Employees must not make or accept phone calls on their personal cell phones while driving City vehicles or performing other activities during working hours that would place the employee and/or others in danger. 400.4.2 CELL PHONE OPERATIONAL SAFETY
Use of any cellular phone at any time should be done in a safe, common sense manner. Use of a cellular phone while operating a vehicle on City business is strongly discouraged except in the case of an emergency.
Drivers are required to use bands-free devices if they wish to receive or make cell phone calls from their moving vehicles.
The Wireless Communications Device Law (effective January 1, 2009) makes it an infraction to write, send, or read text-based communication on an electronic wireless communications device, such as a cell phone, while driving a motor vehicle.
California Vehicle Code § 23123.5 - Court Ruling (June 2025): Drivers are not allowed to:
Hold a phone in hand even if not touching the screen
Using phone for navigation, music or calls
Glacing at phone
Swipe, tap unlock phone
400.4.3 FILING CLAIMS FOR PERSONAL PROPERTY
An employee requesting reimbursement for damage to, or loss of, personal property must submit the request in writing to the employee's immediate supervisor.
Upon review by the supervisor and a finding that no misconduct or negligence was involved, repair or replacement may be recommended to the City Manager or the authorized designee, who will then forward the claim to the department responsible for issuing payments. 400.5 SUPERVISOR RESPONSIBILITIES
The supervisor receiving a report that property, including personal property authorized for use, has been damaged should conduct an investigation and direct a memo to the City Manager or the authorized designee. The memo should include the result of the investigation and whether reasonable care was taken to prevent the loss, damage, or unserviceable condition.
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In cases where the supervisor has reason to believe that misconduct or negligence was involved in the loss, damage, or unserviceable condition of property, the supervisor should consider whether disciplinary or other corrective action would be appropriate.
400.6 DAMAGE TO PROPERTY OF ANOTHER PERSON OR ENTITY
Employees who intentionally or unintentionally damage or cause to be damaged the real or personal property of another person or entity while performing any city function shall promptly report the damage to a supervisor.
Old city cell phones, computer laptops, iPads, hot spots, and air pods must be turned in to the Finance Department before any replacement equipment will be deployed. This equipment would include holsters, home chargers, vehicle power chargers, spare batteries, and any equipment that was issued for use with the older equipment.
When City equipment and/or property is reported to be damaged or lost according to this Policy, a "Damaged or Lost Property Report" must be completed by the supervisor and:
400.6.1 DAMAGE BY OTHERS
Employees who observe damage to the real or personal property of the City should report the damage as follows:
A verbal report should be made to the employee’s immediate supervisor and to the employee or department responsible for the property as soon as practicable.
A written report should be submitted before the end of the employee’s workday or as otherwise directed by the supervisor.
400.7 RETURN OF EQUIPMENT
Employees are responsible for returning equipment upon transferring from one department to another or upon termination or separation of employment with the City. The employee will be liable for the equipment and all airtime charges incurred after termination or separation from the City.
A new Registration of Inventory Control Equipment form shall be completed whenever additional equipment is issued or returned and properly signed and dated by the supervisor and the employee. The form will be submitted to the Human Resources Division to be placed in the employee's personnel file. • A thorough investigation will be conducted by the supervisor/designee regarding the loss/damage. • The City may impose appropriate disciplinary action, if an employee is found to be negligent.
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Local Government-Owned and Personal Property
The Human Resources Division will verify the completed Registration of Inventory Control Equipment form to ensure that all City equipment and/or property has been returned by the employee and the City has full access to open any devices that may have required a passcode or personal identification number (PIN) before a final check is released.
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Policy
Personal Communication Devices
401.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of mobile telephones and other communication devices, whether issued or funded by the City or personally owned, during work hours or when used for authorized work-related purposes.
This policy generically refers to all such devices as Personal Communication Devices (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs), wireless-capable tablets and similar wireless two-way communications, and/or portable internet access devices. PCD use includes but is not limited to placing and receiving calls, text messaging, blogging and microblogging, emailing, using video or camera features, playing games, and accessing sites or services on the internet. 401.1.1 DEFINITIONS
Business call - a telephone call made for the purpose of the City's business.
Personal call - a telephone call that is not for the purpose of the City's business.
Cell phones - cellular phones and combination cell phone/radio units, including digital and analogue equipment.
Roaming - a call to or from a cell phone that is located outside of its "home area", as defined by the carrier's coverage map. Typically, cell phones indicate roaming calls by displaying an "R" on the cell phone screen.
Long Distance - any call made to a telephone with an area code outside the calling area. 401.2 POLICY
The City allows employees to utilize city-issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used during work hours, or during non-work hours, for business-related purposes, or reasonably associated with work-related misconduct will be subject to monitoring and inspection consistent with applicable law and this policy.
Additionally, the use of a PCD either during work hours or non-work hours for business-related purposes, or reasonably associated with work-related misconduct, may subject the employee and the employee's PCD records to civil or criminal discovery or disclosure under applicable public records laws.
Employees who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory staff. 401.3 PRIVACY EXPECTATION
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Personal Communication Devices
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Employees forfeit any expectation of privacy with regard to any communication accessed, transmitted, received, or reviewed on any PCD issued or funded by the City and shall have no expectation of privacy in their location should the device be equipped with location-detection capabilities. This includes records of all keystrokes or web-browsing history made on the PCD. The fact that access to a database, service, or website requires a username or password will not create an expectation of privacy if it is accessed through city PCDs or networks (see the Information Technology Use Policy for additional guidance).
Employees have no expectation of privacy regarding any communications while using a personally owned PCD for city-related business or when the use reasonably implicates work-related misconduct. 401.4 LOCAL GOVERNMENT-ISSUED PCD
401.5 PERSONALLY OWNED PCD
Employees may carry a personally owned PCD during work hours, subject to the following conditions and limitations:
Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy.
The City accepts no responsibility for loss of or damage to a personally owned PCD.
The PCD and any associated services shall be purchased, used, and maintained solely at the employee's expense.
• Depending on an employee's assignment and the needs of the position, the City may, at its discretion, issue or fund a PCD for the employee's use to facilitate work performance. City-issued or funded PCDs may not be used for personal business during or after work hours unless authorized by the City Manager or the authorized designee. Such devices and the associated telephone number, if any, shall remain the sole property of the City and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause.
All cell phone users will work within the plan established by the City. Long distance calls and overage charges are prohibited.
• Employees should not change access codes on city-issued cellular phone. • The "find my IPhone" application should be activated at all times. • Employees that are issued a device are expected to protect the equipment from loss, damage, and /or theft. In the event the device is lost, damaged and/or stolen employee will be responsible for the city's deductible for the replacement of the phone.
• Unless an employee is expressly authorized by the City Manager or the authorized designee to use the PCD during non-work hours, the PCD will be either secured in the workplace at the completion of the workday or turned off when leaving the workplace. • Employees are responsible for returning equipment upon transferring from one department to another, or upon leaving employment with the City. The employee will be liable for the equipment and all airtime charges incurred after termination or separation from the City.
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Personal Communication Devices
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The device should not be used for work-related purposes except in exigent circumstances (e.g., unavailability of internal communication systems) or as otherwise authorized by city procedures.
Use of a personally owned PCD for work-related business constitutes consent for the City to access the PCD to inspect and copy the work-related data (e.g., for litigation purposes, public records retention and release obligations, internal investigations).
Use of and data within a personally owned PCD may be discoverable in cases when there is reason to believe it is associated with work-related misconduct.
Searches of a personally owned PCD by the City should be limited to those matters reasonably associated with the work-related business or work-related misconduct.
The device shall not be utilized to record or disclose any city business-related information, including photographs, video, or the recording or transmittal of any information or material obtained or made accessible as a result of employment or appointment with the City, without the express authorization of the City Manager or the authorized designee.
If the PCD is carried during work hours, employees will provide the City with the telephone number of the device.
All work-related documents, emails, photographs, recordings, and other public records created or received on an employee's personally owned PCD should be transferred to the City and deleted from the employee's PCD as soon as reasonably practicable but no later than the end of the employee's workday.
Except with prior express authorization from their supervisors, employees are not obligated or required to carry, access, monitor, or respond to electronic communications using a personally owned PCD during non-work hours. If an employee is in an authorized status that allows for appropriate compensation consistent with policy or existing employment agreements, or if the employee has prior express authorization from a supervisor, the employee may engage in city business-related communications.
Should employees engage in such approved communications or work during non-work hours, employees entitled to compensation shall promptly document the time worked and communicate the information to their supervisors to ensure appropriate compensation. Employees who independently document cityrelated business activities conducted during non-work hours in any manner shall promptly provide the City with a copy of such records to ensure accurate recordkeeping. 401.6 USE OF PCD
The following protocols shall apply to all PCDs that are carried during work hours or used to conduct city business:
All PCDs in the workplace shall be set to silent or vibrate mode.
A PCD may not be used to conduct personal business during work hours except for brief personal communications (e.g., informing family of extended hours). Employees shall endeavor to limit their use of PCDs to authorized break times unless an emergency exists.
Employees may use a PCD to communicate with other personnel in situations where the use of cityprovided communications methods is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid, or in lieu of regular city-provided communications methods.
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Personal Communication Devices
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Employees are prohibited from taking pictures, audio or video recordings, or making copies of any such picture or recording media unless it is directly related to official city business. Disclosure of any such information to any third party through any means requires the express authorization of the City Manager or the authorized designee.
Employees will not access social networking sites for any purpose that is not official city business.
This restriction does not apply to a personally owned PCD used during authorized break times.
Using PCDs to harass, threaten, coerce, or otherwise engage in inappropriate conduct with any third party is prohibited. Any employee having knowledge of such conduct shall promptly notify a supervisor.
401.7 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:
Ensuring that employees under their supervision are provided appropriate training on the use of PCDs consistent with this policy.
Monitoring to the extent practicable, PCD use in the workplace and taking prompt corrective action if an employee is observed or reported to be improperly using a PCD.
An investigation into improper conduct should be promptly initiated when circumstances warrant.
Before conducting any administrative search of an employee’s personally owned device, supervisors should consult with the City Manager or the authorized designee. 401.8 OFFICIAL USE
Employees are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, employees shall conduct sensitive or private communications on a land-based or other city communications network. 401.9 USE WHILE DRIVING
Employees operating vehicles shall not use a PCD while driving unless the device is specifically designed and configured to allow hands-free use. Hands-free use should be restricted to urgent business-related calls.
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Policy
Vehicle Maintenance
402.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that city vehicles are appropriately maintained. 402.2 POLICY
The City will service department vehicles to ensure they remain operational and maintain their appearance, as resources allow.
402.3 GENERAL DUTIES
Employees are responsible for assisting in maintaining city vehicles so that they are properly equipped, maintained, and refueled and present a clean appearance. 402.4 DEFECTIVE VEHICLES
When a vehicle becomes inoperative or in need of repair that affects the safety of the vehicle, that vehicle shall be removed from service. Proper documentation shall be promptly completed by the employee who becomes aware of the defective condition and forwarded to a supervisor for action.
Documents describing the correction of the safety issue shall be promptly filed by the supervisor with the vehicle history.
402.4.1 DAMAGE OR POOR PERFORMANCE
Vehicles that may have been damaged or perform poorly shall be removed from service for inspections and repairs as soon as practicable.
402.4.2 SEVERE USE
Vehicles operated under severe-use conditions, which include operations for which the vehicle is not designed or that exceed the manufacturer’s parameters, should be removed from service and subjected to a safety inspection as soon as practicable. Such conditions may include rough roadway or off-road driving, hard or extended braking, and severe weather exposure. 402.4.3 REMOVAL OF WEAPONS
Only authorized firearms, weapons, or control devices shall be carried in city vehicles. Any authorized firearms, weapons, and control devices shall be removed from a vehicle and properly secured prior to the vehicle being released for maintenance, service, or repair. 402.5 VEHICLE REFUELING
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Vehicle Maintenance
Generally, vehicles should not be operated with less than one-quarter tank of fuel. Vehicles should not be returned to the pool or the assigned department at the end of the workday with less than one-quarter tank of fuel. Vehicles shall only be refueled at an authorized location. 402.6 WASHING OF VEHICLES
Vehicles shall be kept clean at all times and, weather conditions permitting, shall be washed as necessary to maintain the professional appearance of the City.
Employees using a vehicle shall remove any trash or debris at the end of their workday. Confidential material should be placed in a designated receptacle that has been provided for shredding this material.
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Policy
Vehicle Use
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403.1 PURPOSE AND SCOPE
The policy establishes procedures regarding the use of city owned and employee owned vehicles operated during the course of City business. Use of City owned vehicles shall be relied upon as the primary means of vehicle usage, as it provides the greatest control over operating costs, usage, maintenance, inspection, and insurance.
403.2 POLICY
The City authorizes the use of certain vehicles for official city business to enhance operational efficiency and requires that vehicles are operated in a safe and legal manner. 403.3 USE OF VEHICLES
403.3.1 VEHICLE ASSIGNMENTS
City vehicles may be assigned to individual employees at the discretion of the City Manager or the authorized designee. Vehicles may be assigned for partial or full workday use and/or take-home use.
Vehicle assignments may be changed or suspended at any time. Permission to take home a vehicle may be withdrawn at any time.
Vehicle assignments shall be based on the employee’s job description, essential functions, and employment status. Vehicles may be reassigned or utilized by other city employees at the discretion of the City Manager or the authorized designee.
The City Manager or the authorized designee is responsible for creating a vehicle assignment roster each day and for maintaining the rosters in accordance with the established records retention schedule. 403.3.2 EMPLOYEE RESPONSIBILITIES
Employees operating a vehicle as part of their job with the City shall:
Possess a valid driver’s license.
Employees shall report any suspensions or revocations of their license and any changes to driving privileges as soon as practicable and before any subsequent city vehicle use or personal vehicle use for city business.
Employees must possess a valid commercial driver’s license or special class license when applicable.
Provide the city with a driver’s history report upon request.
Possess appropriate insurance as required for personal vehicles used for city business.
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Employees shall notify a supervisor if their automobile insurance has been canceled, declined, or not renewed.
The private insurance of employees using their personal vehicles under this policy shall be considered the primary insurance for any accidents or damage.
Notify a supervisor of any citations or arrests for motor vehicle-related violations or offenses as soon as practicable.
Obey all traffic laws.
Maintain any personal vehicles used for city business in safe working order. 403.3.3 INSPECTIONS
Employees shall be responsible for inspecting the interior and exterior of any assigned city vehicle. If the vehicle is assigned for the workday, it should be inspected before use and at the conclusion of the workday. If the vehicle is assigned for less than a workday, it should be inspected before use and upon conclusion of use. Any previously unreported damage, mechanical problems, unauthorized contents, or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate.
All city vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No employee assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents.
403.3.4 SECURITY AND UNATTENDED VEHICLES
Unattended vehicles should be locked and secured at all times to safeguard any city equipment prior to parking or leaving the vehicle.
403.3.5 VEHICLE LOCATION SYSTEM
City vehicles, at the discretion of the City Manager, may be equipped with a system designed to track the vehicle’s location. While the system may provide vehicle location and other information, employees are not relieved of their responsibility to use any required communication practices to report their location and status.
Employees shall not make any unauthorized modifications to the system. If an employee finds that the system is not functioning properly at any time, the employee should notify a supervisor as soon as reasonably practicable.
System data may be accessed by supervisors at any time. However, access to historical data by other than supervisors will require City Manager approval.
All data captured by the system shall be retained in accordance with the established records retention schedule.
403.3.6 KEYS
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Employees who are assigned a specific vehicle should be issued keys for that vehicle. Employees shall not duplicate keys or share them with any person except another employee authorized to use that vehicle.
The loss of a key shall be promptly reported in writing to the employee’s supervisor. 403.3.7 AUTHORIZED PASSENGERS
Employees operating assigned vehicles shall not permit unauthorized persons to ride as passengers in the vehicle.
403.3.8 PARKING
Employees should obey parking regulations at all times.
City vehicles should be parked in assigned spaces. Employees shall not park personal vehicles in spaces assigned to city vehicles or in other parking areas that are not so designated unless authorized by a supervisor.
403.3.9 ACCESSORIES AND/OR MODIFICATIONS
There shall be no modifications, additions, or removal of any equipment or accessories from city vehicles without written permission from the City Manager or the authorized designee. 403.4 UNSCHEDULED TAKE-HOME USE
Employees may take home city vehicles only with prior approval of a supervisor and shall meet the following criteria:
The circumstances are unplanned and were created by the needs of the City.
Other reasonable transportation options are not available.
The employee lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the city limits.
Off street parking will be available at the employee’s residence.
The vehicle will be locked when not attended.
All portable city equipment will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage.
When such circumstances occur, the City Manager or the authorized designee shall document the unscheduled take-home use in the vehicle assignment roster. 403.5 ASSIGNMENT OF TAKE-HOME VEHICLES
Assignment of take-home vehicles should be based on the location of the employee’s residence, the nature of the employee’s job, whether the employee performs work outside of regular business hours, the employee's employment status, and available resources.
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Vehicle Use
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1. Employees are cautioned that under federal and local tax rules, personal use of a city vehicle may create an income tax liability for the employee. Questions regarding tax rules should be directed to the employee’ s tax adviser.
Travel to and from the home will not be considered work time unless the employee is responding to and from an emergency as part of the employee’s duties.
403.5.1 TAKE-HOME VEHICLE AGREEMENT
Employees shall sign a take-home vehicle agreement that outlines how the vehicle shall be used, where it shall be parked, vehicle maintenance responsibilities, and any other appropriate requirements. The agreement should minimally provide that:
Vehicles shall only be used for work-related purposes and shall not be used for personal reasons, unless special circumstances exist and the City Manager or the authorized designee gives prior authorization.
Vehicles are to be parked off-street at the employee’s residence unless prior arrangements have been made with the City Manager or the authorized designee. If the vehicle is not secured inside a locked garage, all removeable city equipment shall be removed and properly secured in the residence.
Vehicles are to be secured at the employee’s residence or the appropriate city facility, at the discretion of the employee’s supervisor, when an employee will be away (e.g., on vacation) for periods exceeding one week.
If the vehicle remains at the employee’s residence, the City shall have access to the vehicle. 403.6 DAMAGE, ABUSE, AND MISUSE
When any city vehicle is involved in a traffic accident or otherwise incurs damage, the involved employee shall promptly notify a supervisor. Any traffic accident report shall be filed with the agency having jurisdiction, with a copy provided to the City Manager or the authorized designee.
Damage to any city vehicle that was not caused by a traffic accident shall be immediately reported during the shift or workday in which the damage was discovered and documented in memorandum format, which shall be forwarded to the City Manager or the authorized designee. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse. 403.7 TOLL ROAD USAGE, FUEL, AND MILEAGE
Employees operating vehicles for city business shall pay the appropriate toll charge or utilize the appropriate tollway transponder.
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Vehicle Use
With the exception of take-home vehicles driven to and from the employee’s residence, employees may submit for reimbursement from the City for toll fees and fuel expenses incurred in the course of official business. In lieu of fuel expenses, employees may submit for reimbursement for mileage accrued on personal vehicles used for city business.
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Policy
Vehicle Safety Restraints/Safety Belts
404.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of safety belts and child restraints. This policy will apply to all employees operating or riding in city vehicles.
Individual department policies may provide additional guidance. 404.1.1 DEFINITIONS
Definitions related to this policy include:
Child restraint system - An infant or child passenger restraint system that meets Federal Motor Vehicle Safety Standards (FMVSS) and regulations set forth in 49 CFR 571.213. 404.2 POLICY
It is the policy of the City that employees use safety and child restraint systems to reduce the possibility of death or injury in a motor vehicle accident.
404.3 WEARING OF SAFETY RESTRAINTS
All employees shall wear properly adjusted safety restraints at all times when operating or riding in a seat equipped with restraints, in any vehicle owned, leased, or rented by this city, or in any privately owned vehicle when conducting city business. The employee driving such a vehicle shall ensure that all other occupants, including those who are not employees of the City, are properly restrained.
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Policy
Personal Protective Equipment
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405.1 PURPOSE AND SCOPE
This policy addresses the use of personal protective equipment (PPE) provided by the City. 405.1.1 DEFINITIONS
Definitions related to this policy include:
Personal protective equipment (PPE) - Equipment that protects a person from serious workplace injuries or illnesses resulting from contact with chemical, radiological, physical, electrical, mechanical, or other workplace hazards.
405.2 POLICY
The City endeavors to protect employees by supplying certain PPE as provided in this policy. 405.3 SUPERVISOR RESPONSIBILITIES
Supervisors are responsible for identifying and making available PPE appropriate for the work environment.
405.4 EMPLOYEE RESPONSIBILITIES
Employees are required to use PPE pursuant to their training.
Employees are responsible for proper maintenance and storage of issued PPE. PPE should be stored in an appropriate location so that it is available when needed.
Any employee who identifies hazards in the workplace is encouraged to utilize the procedures in the Illness and Injury Prevention Policy to recommend new or improved PPE or additional needs for PPE. 405.5 EQUIPMENT PROCUREMENT AND USE
PPE shall meet or exceed any applicable requirements. Federal or other nationally recognized standards should be used as a guide for the procurement, use, maintenance, and storage of the following safetyrelated equipment in the absence of other mandatory requirements:
Hearing protection (29 CFR 1910.95)
Eye protection (29 CFR 1910.133)
Respiratory protection (29 CFR 1910.134)
Head protection (29 CFR 1910.135)
Foot protection (29 CFR 1910.136)
Electrical protective equipment (29 CFR 1910.137)
Hand protection (29 CFR 1910.138)
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Personal Protective Equipment
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Personal fall protection systems (29 CFR 1910.140)
405.6 RECORDS
Supervisors are responsible for maintaining records of all:
PPE training.
PPE procurement and distribution.
Fit tests and medical evaluations related to respiratory protection equipment, when applicable.
Medical evaluation questionnaires and any physical examination results related to respirator use shall be maintained in a separate confidential medical file.
The records shall be maintained in accordance with the city records retention schedule. 405.7 TRAINING
Employees should be trained in the hazards to which they may be potentially exposed during routine and emergency situations.
All employees should be trained in the proper use and maintenance of PPE issued to them, including when the use is appropriate; how to put on, remove, and adjust PPE; how to care for PPE; and the limitations of each device (29 CFR 1910.132).
Employees issued respiratory PPE should attend annual training on the proper use of respiratory protection devices (29 CFR 1910.134).
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Policy
Physical Asset Management
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3. 4.
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3. 406.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for maintaining a system of inventory and accountability over the city’s physical assets. This policy does not address management of intangible assets (e.g., intellectual property), fluid assets (e.g., cash, stocks, marketable securities), real property, or natural assets (e.g., water, air quality, minerals).
Individual department heads may have additional policies for department-specific assets. 406.1.1 DEFINITIONS
Definitions related to this policy include:
Physical assets – All tangible items of value, including but not limited to materials, machinery, tools and equipment, vehicles, office supplies, and furniture.
406.2 POLICY
It is the policy of this city to accurately inventory, maintain, and dispose of its physical assets in a manner that controls costs, avoids waste, and promotes the mission of the City. 406.3 RESPONSIBILITIES
The City Manager should assign a person or persons to be responsible for the inventory, maintenance, and disposal of city physical assets, including:
Maintaining compliance with federal, state, and local laws regarding physical asset management, inventory control, and reporting requirements.
Developing procedures for the implementation of this policy, including:
Procedures for disposal of all city-owned physical assets in accordance with federal, state, and local law.
Procedures for safe disposal of hazardous waste.
Procedures for inter-department transfers of physical assets.
Procedures for each department to inventory assets as according to internal reporting deadlines (e.g., quarterly, annually).
Developing a physical asset management plan to track the city’s physical assets and maintain accurate and complete records related to these assets. The plan should include:
A minimum value of the physical assets that are subject to this policy, the plan, and the implementing procedures.
An inventory control and recordkeeping system to account for the movement, storage, maintenance and use, loss, damage, destruction, and disposal of the city’s physical assets.
Routine internal and external audit practices.
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Physical Asset Management
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Procedures to access physical assets for re-use, transfer, recycle, or disposal.
Designating custodians within each department, as appropriate, for inter-department communication and to serve as inventory liaisons under the physical asset management plan.
Annual physical asset acquisition planning.
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Policy
Generative Artificial Intelligence Use
407.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for city use of generative artificial intelligence (GenAI).
This policy does not apply to artificial intelligence that is integrated into facial recognition applications, voice recognition applications, biometric access controls, or software that redacts documents or video or similar applications.
Additional guidelines for the use of city information technology resources are found in the Information Technology Use and Cybersecurity policies.
407.1.1 DEFINITIONS
Definitions related to this policy include:
Generative artificial intelligence (GenAI) - A type of artificial intelligence that is algorithmically trained on one or more large data sets and designed to generate new and unique data (e.g., text, pictures, video) in response to a prompt (generally questions, instructions, images, or video) input by the user. 407.2 POLICY
The use of GenAI systems carries unique benefits within a local government entity, providing ways to increase operational efficiency, enhance city procedures, and improve the overall effectiveness of the City.
However, the prompts input into GenAI systems can present risks to both individuals and local governments by making accessible to the public information such as facility security records, security procedures, personal information, certain law enforcement records, and other confidential information (e. g., protected information, social services records, financial records). In addition, without safeguards in place, GenAI can produce unintended discriminatory or biased output as well as content that is inaccurate, misleading, or copyrighted.
It is the policy of the City to develop, implement, and use GenAI ethically and responsibly in a way that minimizes potential risk and harm in accordance with the guidelines set forth below.
Any function carried out by an employee of the City using GenAI is subject to the same laws, rules, and policies as if carried out without the use of GenAI. The use of GenAI does not permit any law, rule, or policy to be bypassed or ignored.
407.3 RESPONSIBILITIES
The City or an authorized designee shall approve all GenAI systems, their acceptable uses, and their authorized user groups prior to the use, implementation, or development for and City functions. 407.3.1 AI COORDINATOR
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The City Manager or the authorized designee shall appoint an AI coordinator (Appropriate IT Professionals). The AI coordinator shall report to the City Manager or the authorized designee.
The responsibilities of the AI coordinator include but are not limited to:
Evaluating potential GenAI systems and recommending those GenAI systems that appear to be appropriate and trustworthy to the City Manager or the authorized designee. The trustworthiness of GenAI systems should be evaluated by balancing the following characteristics:
Validity and reliability - The system's apparent ability to meet the intended purpose and fulfill the needs of the City consistently over time.
Safety - Any apparent risk to human life, health, property, or the environment that could result from the city's use of the system.
Security and resiliency - The system's capability to prevent unauthorized access and misuse and its ability to return to normal function should misuse occur.
Accountability and transparency - The ability to track and measure the system's use and activity through histories, audit logs, and other processes to provide insight about the system and identify potential sources of error, bias, or vulnerability.
Explainability and interpretability - The ability of the user to understand the purpose and impact of the system, how and why the system reached the resulting output, and what the output means for the user.
Privacy - The ability of the system to protect confidentiality and meet applicable privacy standards for the types of data intended to be input into the system (e.g., state privacy laws, Criminal Justice Information Services (CJIS), Health Insurance Portability and Accountability Act (HIPAA)).
Fairness - The ability of the system to operate in a way that avoids or minimizes bias and discrimination.
Ensuring appropriate contractual safeguards are in place to manage third-party use of city data and to restrict the use of input in AI training data sets. If the input of protected information is necessary for the proper use of the GenAI system, an information-exchange agreement in compliance with applicable rules and standards (e.g., HIPAA requirements) should be used to outline the roles, responsibilities, and data ownership between the City and third-party vendor.
Coordinating with others within the City, such as the information technology or legal departments, as appropriate to ensure GenAI systems are procured, implemented, and used appropriately.
Maintaining a list or inventory of city-approved GenAI systems and, when appropriate for city transparency, making the list or inventory available to the public.
Developing and maintaining appropriate procedures related to the use of GenAI systems, including procedures for editing and fact-checking output.
Ensuring any public-facing GenAI systems notify the user that GenAI is being used.
Developing and updating training for the authorized users of each city-approved GenAI system.
Ensuring access to city GenAI systems is limited to authorized users and establishing requirements for user credentials such as two-factor authentication and appropriate password parameters.
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Conducting audits at reasonable time intervals for each of the GenAI systems utilized by the City to evaluate the performance and effectiveness of each approved system and to determine if it continues to meet the city's needs and expectations of trustworthiness. The coordinator should arrange for audits to be conducted by an external source, as needed.
Ensuring each GenAI system is updated and undergoes additional training as reasonably appears necessary in an effort to avoid the use of outdated information or technologies.
Keeping abreast of advancements in GenAI and any GenAI-related legal developments.
Reviewing this policy and city practices and proposing updates as needed to the City Manager or the authorized designee.
407.4 USE OF GENERATIVE AI
The use of city GenAI systems by city employees shall be limited to official work-related purposes, and employees shall only access and use GenAI systems for which they have been authorized and received proper training.
Employees shall use AI-generated content as an informational tool and not as a substitution for human judgment or decision-making. Employees should not represent AI-generated content as their own original work.
AI-generated content should be considered draft material only and shall be thoroughly reviewed prior to use. Before relying on AI-generated content, employees should:
Obtain independent sources for information provided by GenAI and take reasonable steps to verify that the facts and sources provided by GenAI are correct and reliable.
Review prompts and output for indications of bias and discrimination and take steps to mitigate its inclusion when reasonably practicable.
Include a statement in the final document or work product that GenAI was used to aid in its production.
407.4.1 PRIVACY CONSIDERATIONS
Information not otherwise available to the public, including data reasonably likely to compromise an investigation, reveal confidential security information, training, or procedures, or risk the safety of any individual if it were to become publicly accessible, should not be input into a GenAI system unless contractual safeguards are in place to prevent such information from becoming publicly accessible.
Employees should instead use generic unidentifiable inputs, such as "person," and hypothetical scenarios whenever possible.
Protected information should only be input into GenAI systems that have been approved for such use and comply with applicable privacy laws and standards (see the Protected Information Policy). 407.5 PROHIBITED USE
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Employees shall not create user accounts in their official capacity or input work-related data (including information learned solely in the scope of their employment) into publicly available GenAI systems unless the system has been approved by the City Manager or the authorized designee for the intended use. 407.6 TRAINING
The AI Coordinator should ensure that all members authorized to use GenAI have received appropriate initial training that is suitable for their role and responsibilities prior to their use of GenAI and receive periodic refresher training. Training should include but is not limited to the following:
A review of this policy
The need for human oversight of GenAI outputs
The interpretation, review, and verification of GenAI output Checking GenAI output for bias or protected information Ethical use of GenAI technology
Data security and privacy concerns
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Policy
Cybersecurity
408.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines to protect the city's information technology infrastructure from cyber threats.
Additional guidelines for the use of city information technology infrastructure are found in the Information Technology Use Policy.
408.1.1 DEFINITIONS
Definitions related to this policy include:
Cybersecurity – The practice of protecting an information technology infrastructure from digital attacks.
Cybersecurity incident - Any incident that compromises the security of the information technology infrastructure of the city. This includes but is not limited to data breaches, unauthorized access attempts, malware infections, phishing attacks, and any other suspicious activity.
Cyber threats – Unauthorized access, use, disclosure, disruption, modification, or destruction of the city's information technology infrastructure.
Information technology infrastructure – All electronic devices, networks, systems (e.g., hardware, software, firmware), and data owned, operated, or managed by the City, including but not limited to computers, servers, mobile devices, networking equipment, and cloud-based services. 408.2 POLICY
The City is committed to maintaining the security and integrity of its information technology infrastructure and will take reasonable cybersecurity measures to safeguard its information technology infrastructure from cyber threats.
408.3 CITY MANAGER RESPONSIBILITIES
The City Manager is responsible for securing and allocating the necessary resources, support, and guidance to provide effective cybersecurity measures.
The City Manager shall appoint an Information Security Officer (ISO) who is the appointed IT Professionals to oversee and implement the city's cybersecurity efforts. The ISO should report directly to the City Manager.
The City Manager should ensure that the appointed ISO receives appropriate training and maintains appropriate credentials needed to complete the assigned job responsibilities.
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408.4 INFORMATION SECURITY OFFICER (ISO) RESPONSIBILITIES Responsibilities of the ISO include but are not limited to:
Overseeing the city's cybersecurity efforts. This includes assessing and implementing appropriate cybersecurity technologies, including firewalls, antivirus software, intrusion detection systems, and data encryption tools.
Developing procedures related to specific city cybersecurity efforts, such as acceptable use, password management, and remote access.
Remaining familiar with and facilitating city compliance with all applicable and emerging federal, state, and local laws related to cybersecurity, such as the Federal Information and Security Modernization Act (FISMA) (44 USC § 3551 et. seq.) and the Cybersecurity Information Sharing Act (CISA) (6 USC § 1501 et. seq.).
Conducting periodic risk assessments to identify potential vulnerabilities in the city's information technology infrastructure.
The risk assessment should include a review of the city's cybersecurity technologies to address emerging threats, as appropriate.
Developing and implementing risk mitigation strategies based on the findings of the risk assessment, including updates to the city's cybersecurity technologies.
Developing and maintaining procedures for data protection, including classifying data based on the sensitivity of the data, performing data backups, and securely disposing of sensitive data.
Developing and implementing procedures for employees and elected officials to report suspected or potential cybersecurity incidents.
Developing and implementing an incident response plan to address potential cybersecurity breaches or attacks.
Coordinating with the training manager to develop and implement a comprehensive cybersecurity training program for all employees and elected officials.
Responding to and advising employees and elected officials on cybersecurity questions or issues related to city cybersecurity practices.
Coordinating with city department staff and Department Heads to ensure compliance with this policy.
Ensuring that protocols are in place to require all vendors and contractors handling city data to adhere to this policy's cybersecurity standards and any and all procedures or practices established by the ISO. This may be accomplished by including provisions for data protection, breach reporting, and secure data handling practices in contractual agreements.
Regularly reviewing this policy and related policies or procedures and recommending amendments as needed.
408.5 EMPLOYEE AND ELECTED OFFICIAL RESPONSIBILITIES
All City employees and elected officials share responsibility for proactively protecting the city information technology infrastructure from cyber threats and cybersecurity incidents.
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Employees and elected officials shall immediately report any suspicious activity, actual or suspected cyber threats, or cybersecurity incidents pursuant to the procedures established by the ISO. 408.6 ACCESS CONTROL, PASSWORD, AND USER MANAGEMENT
Access to city information technology infrastructure shall be granted based on the principle of least privilege so that city employees have only the necessary access rights required for their specific job duties.
The city shall require password access to the city information technology infrastructure. Passwords shall be required to meet the minimum length and complexity requirements, be changed periodically, and not be shared, reused, or stored in plain text. The City shall implement multi-factor authentication for systems containing sensitive or critical information.
Upon separation from employment, an employee's access to the city information technology infrastructure shall be immediately terminated.
408.7 NETWORK SECURITY
The City shall implement firewalls and other intrusion prevention systems to protect the city information technology infrastructure from unauthorized access, malware, and other cyber threats.
The City shall ensure that city wireless networks are secured using encryption, strong passwords, firewall configurations, and any additional security protocols necessary to protect against cyber threats.
Information systems shall be configured securely to protect the security of city data. 408.8 DATA CLASSIFICATION, PROTECTION, AND DISPOSAL
Data should be classified by the City based on its sensitivity. Appropriate security controls should be implemented based on the classification level of the data.
Regular data backups shall be performed by the city and shall be stored in a secure location. The process used for data backup and recovery shall be regularly tested to confirm it can adequately recover data if needed. All testing should be documented.
The ISO shall also ensure that sensitive data at rest and in transit is encrypted using industry standard encryption algorithms and protocols.
The disposal of sensitive information should follow appropriate protocols to prevent unauthorized retrieval (e.g., secure erasure, destruction of data).
408.9 INCIDENT RESPONSE PLAN
The City should maintain an incident response plan that addresses cybersecurity incidents promptly. The incident response plan should include procedures for:
The receipt and processing of reported cybersecurity incidents or events.
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Coordination with relevant departments, external agencies, and other stakeholders to develop an appropriate response.
Regular audits to determine compliance with incident response procedures.
Post-incident recovery actions and protocols, including:
Containment and eradication of threat.
Recovery of data.
Required reporting.
Continuity of services.
The investigation of any reported cybersecurity incidents, including steps to prevent future occurrences.
Regular interactive simulations and practical exercises to test compliance and awareness of incident response procedures.
408.10 CYBERSECURITY TRAINING PROGRAM
All employees and elected officials shall complete initial and annual cybersecurity awareness training consistent with the requirements established in the cybersecurity training program.
The cybersecurity training program should include instruction on the following:
Recognizing and avoiding threats (e.g., phishing awareness, social engineering tactics, safe browsing).
Secure device use (e.g., keeping devices updated and secure, mobile device security, physical device security).
Safe network practices (e.g., Wi-Fi security considerations, virtual private networks, firewall and antivirus software).
Data security (e.g., data encryption and backup, handling confidential data).
This policy and all related policies and procedures, including:
Acceptable use, password protection, and remote access procedures.
Procedures for data classification.
Incident reporting procedures.
Incident response plans.
Applicable state and federal law related to cybersecurity.
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Chapter 5 - Records and Documents
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Policy
Records Maintenance and Release
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500.1 PURPOSE AND SCOPE
This policy provides guidance on the maintenance and release of city records. Protected information is separately covered in the Protected Information Policy. 500.2 POLICY
The City is committed to providing public access to records in a manner that is consistent with state public records laws.
500.3 CUSTODIAN OF RECORDS
The City Manager shall designate a Custodian of Records. The responsibilities of the Custodian of Records include but are not limited to:
Managing the records management system for the City, including the retention, archiving, release, and destruction of city public records.
Maintaining and updating the city records retention schedule, including:
Identifying the minimum length of time records must be kept.
Identifying the city department responsible for the original record.
Establishing rules regarding the inspection and copying of public records as reasonably necessary for the protection of such records.
Identifying records or portions of records that are confidential under state or federal law and not open for inspection or copying.
Establishing rules regarding the processing of subpoenas for the production of records.
Ensuring the availability of a current schedule of fees for public records as allowed by law.
Preparing and making available to the public the records request process, to include the cost of inspecting or obtaining copies.
500.4 PROCESSING REQUESTS FOR PUBLIC RECORDS
Any employee who receives a request for any record shall route the request to the Custodian of Records or the authorized designee.
500.4.1 REQUESTS FOR RECORDS
The processing of requests for any record is subject to the following:
All requests may be made in writing, orally, in person or by phone.
Clarification may be sought if the request is unreasonably broad or unclear.
Inspection of records should be during regular business hours unless otherwise authorized by the Custodian of Records.
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Records should be made available in a format readily accessible to the requester. Records may also be made available in a specific format requested and a fee charged for reasonable costs of any required processing.
Records should be provided or a denial provided to a requester within a reasonable period of time.
If a delay in providing records is anticipated, the requester should be provided a written response with the reason for the delay and the anticipated date the records will be provided.
Fees should be charged as allowed by law and established by the City.
The City is not required to create records that do not exist.
When a record contains material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted and the unrestricted material released.
A copy of the redacted release should be maintained in the city file for proof of what was actually released and as a place to document the reasons for the redactions. If the record is audio or video, a copy of the redacted audio/video release should be maintained in the cityapproved media storage system and a notation should be made in the file to document the release and the reasons for the redacted portions.
500.4.2 DENIALS
The denial of a request for records should be documented and include:
A description of the records requested.
The specific reasons for the denial.
The name, title, and signature of the Custodian of Records.
The procedure to appeal the denial.
500.5 RELEASE RESTRICTIONS
Examples of release restrictions include:
Any personal identifying information, including an individual’s photograph; Social Security and driver identification numbers; name, address, and telephone number; and medical or disability information that is contained in any city record, except as authorized by the City, and only when such use or disclosure is permitted or required by law to carry out a legitimate government purpose.
Certain personnel information, including but not limited to an employee’s residential address and telephone number, Social Security number, marital status, medical history, confidential recommendations for employment, and performance evaluation history.
Records pertaining to internal investigations and disciplinary matters, including but not limited to complaints and other records relating to allegations of discrimination, harassment, or retaliation, until the investigation is complete or is made part of the official record of any hearing or court proceeding.
Certain 9-1-1 records.
Audio and video recordings obtained through use of body-worn cameras by law enforcement officers, except as provided by statute.
Certain concealed firearm license/permit information of an applicant.
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Records concerning security plans, procedures, assessments, measures, or systems, and other records relating to the security of persons, structures, facilities, infrastructure, or information technology systems that could reasonably be expected to be detrimental to the public’s safety or welfare.
Records pertaining to strategy or negotiations related to labor relations, employment contracts, or collective bargaining and related arbitration proceedings.
Drafts, notes, recommendations, or intra-governmental memorandums pertaining to the development of resolutions, regulations, statements of policy, management directives, ordinances, or amendments prepared by or for the City.
Records where disclosure would be detrimental to the best interests of the public.
Records pertaining to pending or potential litigation that are not records of any court.
Any other information that may be appropriately denied by federal or state law. 500.6 SUBPOENAS AND DISCOVERY REQUESTS
Any employee who receives a subpoena duces tecum or discovery request for records should promptly contact a supervisor and the Custodian of Records for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information.
Generally, discovery requests and subpoenas should be referred to the City Manager or the authorized designee.
All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to the City Manager or legal counsel so that a timely response can be prepared. 500.7 RELEASED RECORDS TO BE MARKED
Each page of any written record released pursuant to this policy should be stamped in a colored ink or otherwise marked to indicate the city name and to whom the record was released.
Each audio/video recording released should include the city name and to whom the record was released. 500.8 SECURITY BREACHES
Employees who become aware that any city records system may have been breached should notify the Custodian of Records as soon as practicable.
The Custodian of Records shall ensure any required notice of the breach is given.
If the breach reasonably appears to have been made to protected information covered in the Protected Information Policy, the Custodian of Records should promptly notify the appropriate employee designated to oversee the security of protected information (see the Protected Information Policy).
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If the breach involves or may involve a cybersecurity incident, the Custodian of Records should immediately report it pursuant to the incident reporting procedures established by the Information Security Officer (see the Cybersecurity Policy).
500.9 EXPUNGEMENT
The Custodian of Records shall review all court orders and other filings that pertain to the expungement or sealing of records for appropriate action. Once a record is expunged or sealed, employees shall respond to any inquiry as though the record did not exist.
500.10 TRAINING
Employees authorized to manage, release, or facilitate public access to city records should receive training that includes identification of material appropriate for release or public access and the city systems and procedures guiding such release and access.
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