South El Monte City Council
December 2, 2025

City of South El Monte Policy Manual
Custody Policy
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Policy
Protected Information
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501.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the access, transmission, release, and security of protected information by employees of the City. This policy addresses the protected information that is used in the day-to-day operation of the City and not the public records information covered in the Records Maintenance and Release Policy.
501.1.1 DEFINITIONS
Definitions related to this policy include:

Protected information - Any information or data that is collected, stored, or accessed by employees of the City and is subject to any access or release restrictions imposed by law, regulation, order, or use agreement. This includes all information contained in federal, state, or local databases that is not accessible to the public.
501.2 POLICY
Employees of the City will adhere to all applicable laws, orders, regulations, use agreements, and training related to the access, use, dissemination, and release of protected information. 501.3 RESPONSIBILITIES
The City Manager should designate an employee of the City to coordinate the use of protected information, including:

Overseeing employee compliance with this policy and with requirements applicable to protected information.

Developing, disseminating, and maintaining procedures necessary to comply with any requirements for the access, use, dissemination, release, and security of protected information.

Developing procedures to ensure training and certification requirements are met.

Resolving specific questions that arise regarding authorized recipients of protected information.

Implementing security practices and procedures to comply with requirements applicable to protected information.
501.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, use agreement, city policy, or training. Only those employees who have completed applicable training and met any applicable requirements, such as a background check, may access protected information, and only when the employee has a legitimate work-related reason for such access.

Unauthorized access, including access for other than a legitimate work-related purpose, is prohibited.

Protected Information - 122

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501.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION Protected information may be released only to authorized recipients who have both a lawful right to know and need to know.

An employee who is asked to release protected information that should not be released should refer the requesting person to a supervisor or to the Custodian of Records for information regarding a formal request.
501.6 SECURITY OF PROTECTED INFORMATION
The City Manager should designate an employee of the City to oversee the security of protected information, including:

Developing and maintaining security practices, procedures, and training.

Maintaining compliance with any federal, state, and local requirements pertaining to the security of protected information.

Establishing procedures to provide for the preparation, prevention, detection, analysis, and containment of security incidents, including cyberattacks.

Tracking, documenting, and reporting all breach of security incidents to the City Manager and appropriate authorities.
501.6.1 EMPLOYEE RESPONSIBILITIES
Employees accessing or receiving protected information shall ensure the information is not accessed or received by persons who are not authorized to access or receive it. This includes not leaving protected information, such as documents or computer databases, accessible to others when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended table or desk, in or on an unattended vehicle, in an unlocked desk drawer or file cabinet, on an unattended computer terminal). 501.7 TRAINING
All employees authorized to access or release protected information shall complete a training program that complies with any protected information system requirements and identifies authorized access and use of protected information, as well as its proper handling and dissemination.

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City of South El Monte Policy Manual
Custody Policy
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Policy
Personnel Records
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502.1 PURPOSE AND SCOPE
This policy governs maintenance and access to personnel records. Personnel records include any file maintained under an individual employee's name.
502.2 POLICY
It is the policy of the City to maintain personnel records and preserve the confidentiality of personnel records pursuant to the Constitution and the laws of this state. 502.3 PERSONNEL FILE
A personnel file shall be maintained as a record of a person’s employment/appointment with this city. The personnel file should contain, at a minimum:

Personal data, including photographs, marital status, names of family members, educational and employment history, or similar information.

Election of employee benefits.

Personnel action reports reflecting assignments, promotions, and other changes in employment /appointment status.

Original performance evaluations.

Discipline records, including copies of sustained personnel complaints.

Adverse comments such as supervisor notes or memos may be retained in the city file after the employee has had the opportunity to read and initial the comment.

Once an employee has had an opportunity to read and initial any adverse comment, the employee shall be given the opportunity to respond in writing to the adverse comment.

Any employee response shall be attached to and retained with the original adverse comment.

If an employee refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment. Such a refusal, however, shall not be deemed insubordination, nor shall it prohibit the entry of the adverse comment into the employee's file.

Commendations and awards.

Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy.
502.4 DEPARTMENT, DIVISION, OR AGENCY FILE
Department files may be separately maintained internally by an employee's supervisor for the purpose of completing timely performance evaluations. The file may contain supervisor comments, notes, notices to correct, and other materials that are intended to serve as a foundation for the completion of timely performance evaluations.

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Personnel Records
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502.5 TRAINING FILE
An individual training file should be maintained for each employee whose position requires specialized training or certification. Training files should contain records of all training; original or photocopies of available certificates, transcripts, diplomas, and other documentation; and education and firearms qualifications, as applicable. Training records may also be created and stored remotely, either manually or automatically.

The involved employee is responsible for providing an immediate supervisor with evidence of completed training/education in a timely manner.

Supervisors should ensure that copies of such training records are placed in the employee’s training file.
502.6 MEDICAL FILE
A medical file shall be maintained separately from all other personnel records and shall contain all documents relating to the employee’s medical condition and history, including but not limited to Materials relating to a medical leave of absence, including leave under the Family and Medical Leave Act (FMLA).

Documents relating to workers’ compensation claims or the receipt of short- or long-term disability benefits.

Fitness-for-duty examinations, psychological and physical examinations, follow-up inquiries, and related documents.

Medical release forms, doctor’s slips, and attendance records that reveal an employee’s medical condition.

Any other documents or materials that reveal the employee’s medical history or medical condition, including past, present, or future anticipated mental, psychological, or physical limitations. 502.7 SECURITY
Personnel records should be maintained in a secured location and locked either in a cabinet or accesscontrolled room. Personnel records maintained in an electronic format should have adequate password protection.

Personnel records are subject to disclosure only as provided in this policy, the Records Maintenance and Release Policy, or according to applicable discovery procedures.

Nothing in this policy is intended to preclude review of personnel records by the City Manager or representatives of the City in connection with official business. 502.7.1 REQUESTS FOR DISCLOSURE
Any employee receiving a request for a personnel record shall promptly notify the Custodian of Records or other person charged with the maintenance of such records.

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Personnel Records
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Upon receipt of any such request, the responsible person shall notify the affected employee as soon as practicable that such a request has been made.

The responsible person shall further ensure that an appropriate response to the request is made in a timely manner, consistent with applicable law. In many cases, this may require assistance of available legal counsel.

All requests for disclosure that result in access to an employee’s personnel records shall be logged in the corresponding file.
502.8 EMPLOYEES’ ACCESS TO THEIR PERSONNEL RECORDS
Employees may request access to their own personnel records during the normal business hours of those responsible for maintaining such files. Employees seeking the removal of any item from their personnel records should file a written request to the City Manager. The City should remove any such item if appropriate, or within 30 days provide the employee with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the employee’s request and the written response from the City should be retained with the contested item in the employee’s corresponding personnel record.

Employees may be restricted from accessing files containing certain information (e.g., ongoing investigations to the extent that it could jeopardize or compromise the investigation). 502.9 RETENTION AND PURGING
Personnel records shall be maintained in accordance with the established records retention schedule:

During the preparation of each employee’s performance evaluation, all personnel complaints and disciplinary actions should be reviewed to determine the relevancy, if any, to progressive discipline, training, and career development. Each supervisor responsible for completing the employee's performance evaluation should determine whether any prior sustained disciplinary file should be retained beyond the required period for reasons other than pending litigation or other ongoing legal proceedings.

If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained from the City Manager.

If, in the opinion of the City Manager, a personnel complaint or disciplinary action maintained beyond the required retention period is no longer relevant, all records of such matter may be destroyed in accordance with the established records retention schedule.

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Custody Policy
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Chapter 6 - Personnel
Personnel - 127

City of South El Monte Policy Manual
Custody Policy
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Copyright Lexipol, LLC 2025/11/26, All Rights Reserved. 600
Policy
Recruitment and Selection
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600.1 PURPOSE AND SCOPE
This policy provides a framework for employee recruiting efforts and identifying job-related standards for the selection process. This policy supplements other city rules governing employment practices. 600.2 POLICY
In accordance with applicable federal, state, and local law, the City provides equal opportunities for applicants and employees, regardless of actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. The City does not show partiality or grant any special status to any applicant, employee, or group of employees unless otherwise required by law.

The City will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards. 600.3 RECRUITMENT
The City Manager should employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates.

The strategy should include:

Identification of racially and culturally diverse target markets.

Use of marketing strategies to target diverse applicant pools.

Expanded use of technology and maintenance of a strong internet presence. This may include an interactive city website and the use of city-managed social networking sites, if resources permit.

Expanded outreach through partnerships with media, community groups, local colleges, universities, and the military.

Posting and outreach within the City for internal candidates, when applicable and/or required.

Use of local, state, or national professional organizations (e.g., National League of Cities, National Association of Counties, American Society for Public Administration).

The City should avoid advertising, recruiting, and screening practices that tend to stereotype, focus on homogeneous applicant pools, or screen applicants in a discriminatory manner.

The City strives to facilitate and expedite the interview and selection process, and should periodically inform candidates of their status in the recruiting process. 600.4 SELECTION PROCESS
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Recruitment and Selection
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The City should actively strive to identify a diverse group of candidates who have in some manner distinguished themselves as being outstanding prospects. Minimally, the City should employ a comprehensive screening, background investigation, and selection process that assesses the candidates’ aptitude for the position and includes review and verification of the following:

A comprehensive application for employment (including previous employment, references, current and prior addresses, education, and military record)
Driving record (if applicable to the position)
Reference checks
Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents.

This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes Information obtained from public internet sites
Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.) Local, state, and federal criminal history record checks Medical and/or psychological examination, as applicable and legally permissible (may only be given after a conditional offer of employment)
Review board or selection committee assessment
600.4.1 VETERAN PREFERENCE
The City will provide any veteran preference required by law. 600.4.2 MEDICAL EVALUATION
PRE-APPOINTMENT MEDICAL EXAMINATION: Job applicants for positions in the classified service may be required to be medically examined in order to determine their present ability to perform the position for which they are being considered. The examining physician shall be selected by the city.

DISCRETIONARY MEDICAL_EVALUATION: The city manager may require an employee to be medically examined. The physician shall be selected by the city. Examinations shall be ordered to assure the employee's ability to perform the duties of the employee's classification, the safety of the employee, fellow employees or the public. If the medical examination report concludes that the employee cannot perform the duties of the employee's classification, an employee will be placed on medical disability leave until the employee is able to return to work. The employee shall not return to work without written authorization from the physician chosen by the City. If the employee and the employee's physician do not agree with the results of the examination by the physician chosen by the city, the employee, his physician and the City will choose an independent third physician to do an examination of the employee.

All medical examinations that are required by the city shall be at the city's expense. 600.5 BACKGROUND INVESTIGATION
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Recruitment and Selection
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Every candidate shall undergo a background investigation to verify the candidate’s application information and ability to perform duties relevant to the position. 600.5.1 NOTICES
Background investigators should ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA and applicable state law (15 USC § 1681d). 600.5.2 REVIEW OF SOCIAL MEDIA SITES
Due to the potential for accessing unsubstantiated, private, or protected information, the City should not require candidates to provide passwords, account information, or access to password-protected social media accounts.

The City should consider utilizing the services of an appropriately trained and experienced third party to conduct open source, internet-based searches and/or review information from social media sites to ensure that:

The legal rights of candidates are protected.

Material and information to be considered are verified, accurate, and validated.

The City fully complies with applicable privacy protections and local, state, and federal law.

Regardless of whether a third party is used, the City Manager or the authorized designee should ensure that potentially impermissible information is not available to any person involved in the candidate selection process.
600.5.3 RECORDS RETENTION
The background report and all supporting documentation should be maintained in accordance with the established records retention schedule.
600.5.4 DOCUMENTING AND REPORTING
The background investigator should summarize the results of the background investigation in a report that includes sufficient information to allow the reviewing authority to decide whether to extend a conditional offer of employment. The report should not include any information that is prohibited from use, including that from social media sites, in making employment decisions. The report and all supporting documentation should be included in the candidate’s background investigation file. 600.6 EMPLOYMENT STANDARDS
All candidates shall meet any minimum standards required by state and local law. Candidates will be evaluated based on merit, ability, competence, and experience, in accordance with the high standards of integrity and ethics valued by the City and the community.

Validated, job-related, and nondiscriminatory employment standards should be established and maintained for each job classification and should minimally identify the training, abilities, knowledge, and Recruitment and Selection - 130

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Recruitment and Selection
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skills required to perform the position’s essential duties in a satisfactory manner. Each standard should include performance indicators for candidate evaluation. 600.6.1 EMPLOYMENT LIST
PREPARATION QE EMPLOYMENT LIST: The city manager shall prepare an employment list based on the results of the examination process. The employment list shall contain the names of at least two (2) individuals more than the number of vacancies in the classification. The city manager may arrange the names on the employment list in any reasonable manner.

DURATION OE EMPLOYMENT LIST: An employment list shall be effective for one (l) year. The city manager may cancel an employment list at any time for a legitimate reason.

REMOVAL OF NAMES FROM EMPLOYMENT LIST: The city manager has the exclusive authority to remove an individual's name from an employment list for a legitimate reason. 600.7 JOB DESCRIPTIONS
The City Manager or the authorized designee should maintain a current job description for each position in the City.
600.8 APPOINTMENT PROCEDURES
TYPES OF APPOINTMENT: The city manager has the exclusive authority to fill vacancies in the classified service. At the discretion of the city manager, vacancies shall be filled by demotion, reemployment, reinstatement, transfer, or appointment from an employment list. An appointment shall not be effective until the individual reports for duty at the designated time.

EVALUATION OF ELIGIBLES: When the appointing authority decides to fill a vacancy by an appointment from an employment list, the personnel director shall transmit the employment list to the department director for evaluation. The department director shall review the names of the top eligibles for each vacancy. After the interview process, the department director shall recommend to the appointing authority, in writing, the name of an eligible to fill each vacancy. The appointing authority may approve the recommendation of the department director, return the recommendation to the department director for further evaluation of the eligibles, or appoint an eligible from the employment list. If the department director does not wish to make a selection from the top three eligibles, the department director may request the personnel director to authorize the creation of another eligibility list.

REEMPLOYMENT: Employees laid off or demoted in lieu of layoff may have their names placed on a reemployment list for their former classification. Such employees may be offered the opportunity to be reappointed to their former classification only if a vacancy in such classification occurs within one (l) year of the effective date of their layoff or demotion in lieu of layoff.

REINSTATEMENT: A former employee, with a satisfactory employment record with the city, may be reinstated, within one (l) year of the effective date of a resignation, to a vacant position in the same or comparable classification formerly occupied by the employee. The names of former employees approved for reinstatement shall be included by the city manager on the employment list for their former classification.

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Recruitment and Selection
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VOLUNTARY DEMOTION: Upon written request of an employee and with the approval of the city manager an employee may voluntarily demote to a different classification. A voluntarily demoted employee shall be assigned to the highest pay rate in the pay range for such employee's new classification which is no more than the employee's pay rate in effect immediately prior to such demotion.
600.9 PROBATIONARY PERIODS
The City Manager or the authorized designee should coordinate with supervisors to identify positions subject to probationary periods and procedures for:

Appraising performance during probation.

Assessing the level of performance required to complete probation.

Extending probation.

Documenting successful or unsuccessful completion of probation. 600.10 CLASSIFICATION PROCEDURES
PREPARATION OF CLASSIFICATION PLAN: The city manager shall be responsible for the preparation and maintenance of the classification plan. The classification plan shall contain a compilation of job specifications for classifications in the classified service. The classification plan shall be prepared and modified only after the city manager consults with any affected recognized employee organization.

ALLOCATION OF POSITIONS: The city manager shall allocate every position in the classified service to one of the classifications established by the classification plan and shall allocate all positions substantially similar to the same classification. Each department director shall promptly report to the personnel director any material changes in the duties of any position so that the classification plan shall be current.

CLASS SPECIFICATIONS: The classification plan shall consist of job specifications which shall set forth a descriptive title, typical duties and responsibilities and the training, experience, and other qualifications necessary or desirable for the effective performance of each position within a classification.

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Custody Policy
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Policy
Performance Evaluations
601.1 PURPOSE AND SCOPE
This policy provides guidelines for the City performance evaluation system. 601.2 POLICY
The City shall use a performance evaluation system to measure, document, and recognize work performance. The performance evaluation will serve as an objective guide for the recognition of good work and the development of a process for improvement.

The City evaluates employees in a nondiscriminatory manner based upon job-related factors specific to the employee’s position, without regard to actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. 601.3 TYPES OF EVALUATIONS
The City shall use the following types of evaluations:

Regular - An evaluation completed at regular intervals by the employee's immediate supervisor, minimally, on the anniversary of the date of hire or the last promotion.

When an employee transfers to a different assignment in the middle of an evaluation period and less than six months has transpired since the transfer, the evaluation should be completed by the current supervisor with input from the previous supervisor.

Special - An evaluation that may be completed at any time the supervisor and City Manager or the authorized designee determine an evaluation is necessary to address less than standard performance.

The evaluation may include a plan for follow-up action (e.g., performance improvement plan (PIP), remedial training, retraining).
601.3.1 RATINGS
When completing an evaluation, the supervisor will identify the rating category that best describes the employee's performance. The definition of each rating category is as follows:

Outstanding - Performance is well beyond that required for the position. It is exceptional performance, definitely superior or extraordinary.

Above Standard - Performance is better than demonstrated by a competent employee. It is performance superior to what is required, but is not of such nature to warrant a rating of outstanding.

Performance Evaluations - 133

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Custody Policy
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Performance Evaluations
Meets Standard - Performance of a competent employee. It is satisfactory performance that meets the standards required of the position.

Nearly Meets Standard - Performance is less than the standards required of the position. A needs improvement rating shall be thoroughly discussed with the employee.

Fails To Meet Standard- Performance is inferior to the standards required of the position. It is inadequate or undesirable performance that cannot be allowed to continue.

Supervisor comments may be included in the evaluation to document the employee's strengths, weaknesses, and requirements for improvement. Any job dimension rating marked as Fails To Meet Standard or Outstanding shall be substantiated with supervisor comments. 601.3.2 PERFORMANCE IMPROVEMENT PLAN
Employees who receive an Fails To Meet Standard rating may be subject to a PIP. The PIP shall delineate areas that need improvement, any improvement measures, and a timetable in which to demonstrate improvement. The issuing supervisor shall meet with the employee to review the employee's performance and the status of the PIP at least monthly. 601.4 EVALUATION PROCESS
Supervisors should meet with the employees they supervise at the beginning of the evaluation period to discuss expectations and establish performance standards. Each supervisor should discuss the tasks of the position, standards of expected performance, and the evaluation criteria with each employee.

Performance evaluations cover a specific period and should be based upon documented performance dimensions that are applicable to the duties and authorities granted to the employee during that period.

Evaluations should be completed by each employee’s immediate supervisor. Other supervisors directly familiar with the employee’s performance during the rating period should be consulted by the evaluating supervisor for input.

Assessment of an employee’s job performance is an ongoing process. Continued coaching and feedback provides supervisors and employees with opportunities to correct performance issues as they arise and to acknowledge good work. Periodic discussions with the employee during the course of the evaluation period are encouraged. Supervisors should document all discussions in the prescribed manner.

Non-probationary employees demonstrating substandard performance shall be notified in writing as soon as possible in order to have an opportunity to remediate the issues. Such notification should occur at the earliest opportunity, with the goal being a minimum of 90 days' written notice prior to the end of the evaluation period.

All supervisors shall receive training on performance evaluations within one year of a supervisory appointment.

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Performance Evaluations
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601.4.1 PREPARATION OF PERFORMANCE EVALUATION
A probationary employee or promotional appointee shall be evaluated at least once during the probationary period. Probationary employees or promotional appointees shall be evaluated six (6) months after acquiring permanent status in a classification and thereafter every six (6) months. An employee may also be evaluated at any time at the discretion of the city manager. The city manager shall notify the employees immediate supervisor at least ten (10) days prior to due date of the evaluation. 601.5 EVALUATION FREQUENCY
Supervisors shall evaluate all employees they supervise at least once every year on the anniversary of the employee’s date of appointment or hire.

Those employees who are required to successfully complete a probationary period should be evaluated monthly.
601.6 EVALUATION INTERVIEW
When the supervisor has completed an evaluation, a private discussion of the evaluation should be scheduled with the employee. The supervisor should discuss the evaluation ratings and respond to any questions the employee may have. The supervisor should provide relevant counseling regarding advancement, specialty positions, and training opportunities. Any performance areas in need of improvement and goals for reaching the expected level of performance should be identified and discussed. If the employee has reasonable objections to any of the ratings, the supervisor may make appropriate adjustments to the evaluation. The reason for such adjustments shall be documented.

Employees may write comments in an identified section of the evaluation. The supervisor and employee will sign and date the evaluation.
601.6.1 DISCRIMINATORY HARASSMENT FORM
At the time of each employee’s annual evaluation, the supervisor shall provide access to and require the employee to read the City Discriminatory Harassment Policy. The supervisor shall give the employee a form to be completed and returned that acknowledges the following:

The employee understands the policy.

The employee has had all questions regarding the policy sufficiently addressed.

The employee knows how to report alleged harassment and discrimination policy violations.

In the event of employee who wants or feels it is important to be considered as part of the evaluation process. Employee shall bring it to the Supervisor or Human Resources' attention.

The completed form should be returned to the supervisor (or other authorized individual if the employee is uncomfortable returning the form to the presenting supervisor) within one week. If the employee has expressed any questions or concerns, the receiving supervisor or other authorized individual shall ensure that appropriate follow-up action is taken.

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Performance Evaluations
601.7 APPEAL
An employee who disagrees with an evaluation may provide a formal written response that will be attached to the evaluation, or may request an appeal.

To request an appeal, the employee shall forward a written memorandum within three days to the City Manager or the authorized designee. The memorandum shall identify the specific basis for the appeal and include any relevant information for the reviewer to consider. 601.8 CHAIN OF REVIEW
The signed performance evaluation and any employee attachment should be forwarded to the City Manager or the authorized designee. The City Manager or the authorized designee shall review the evaluation for fairness, impartiality, uniformity, and consistency, and shall consider any written response or appeal made by the employee.

The City Manager or the authorized designee should evaluate the supervisor on the quality of ratings given.
601.9 RETENTION AND DISTRIBUTION
The original performance evaluation and any original correspondence related to an appeal shall be maintained in accordance with the Personnel Records Policy.

A copy of the evaluation and any documentation of a related appeal shall be provided to the employee.

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Policy
Discriminatory Harassment
602.1 PURPOSE AND SCOPE
The purpose of this policy is to prevent city employees from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law.
602.2 POLICY
The City is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation. The City will not tolerate discrimination against an employee in hiring, promotion, discharge, compensation, fringe benefits, and other privileges of employment. The City will take preventive and corrective action to address any behavior that violates this policy or the rights and privileges it is designed to protect.

The nondiscrimination policies of the City may be more comprehensive than state or federal law. Conduct that violates this policy may not violate state or federal law but still could subject an employee to discipline. 602.3 DEFINITIONS
Definitions related to this policy include:
602.3.1 DISCRIMINATION
The City prohibits all forms of discrimination, including any employment-related action by an employee that adversely affects an applicant or employee and is based on actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.

Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment.

Conduct that may, under certain circumstances, constitute discriminatory harassment can include making derogatory comments; making crude and offensive statements or remarks; making slurs or off-color jokes; stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters, or material; making inappropriate physical contact; or using written material or city equipment and/or systems to transmit or receive offensive material, statements, or pictures. Such conduct is contrary to city policy and to a work environment that is free of discrimination. 602.3.2 RETALIATION
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Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because the person has engaged in protected activity, filed a charge of discrimination, participated in an investigation, or opposed a discriminatory practice. Retaliation will not be tolerated. 602.3.3 SEXUAL HARASSMENT
The City prohibits all forms of discrimination and discriminatory harassment, including sexual harassment.

It is unlawful to harass an applicant or an employee because of that person’s sex.

Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature when:

Submission to such conduct is made either explicitly or implicitly as a term or condition of employment, position, or compensation.

Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the employee.

Such conduct has the purpose or effect of substantially interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment. 602.3.4 ADDITIONAL CONSIDERATIONS
Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles, or standards, including:

Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission and any related state agency guidelines.

Bona fide requests or demands by a supervisor that an employee improve work quality or output, that the employee report to the job site on time, that the employee comply with City or department rules or regulations, or any other appropriate work-related communication between supervisor and employee.
602.4 RESPONSIBILITIES
This policy applies to all city employees, who shall follow the intent of these guidelines in a manner that reflects city policy, professional standards, and the best interest of the City and its mission.

Employees are encouraged to promptly report any discriminatory, retaliatory, or harassing conduct or known violations of this policy to a supervisor. Any employee who is not comfortable with reporting violations of this policy to an immediate supervisor may make the report to a higher-ranking supervisor or manager. Complaints may also be filed with the City Manager.

Any employee who believes, in good faith, that the employee has been discriminated against, harassed, or subjected to retaliation, or who has observed harassment, discrimination, or retaliation, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy.

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Discriminatory Harassment
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Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with a resolution as stated below. 602.4.1 QUESTIONS OR CLARIFICATION
Employees with questions regarding what constitutes discrimination, sexual harassment, or retaliation are encouraged to contact a supervisor, a manager, or the City Manager for further information, direction, or clarification.
602.4.2 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors and managers shall include but are not limited to:

Continually monitoring the work environment and striving to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation.

Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment, or retaliation.

Ensuring that their subordinates understand their responsibilities under this policy.

Ensuring that employees who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible.

Making a timely determination regarding the substance of any allegation based upon all available facts.

Notifying the City Manager in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment, or retaliation no later than the next business day. 602.4.3 SUPERVISOR'S ROLE
Supervisors and managers shall be aware of the following:

Behavior of supervisors and managers should represent the values of the City and professional standards.

False or mistaken accusations of discrimination, harassment, or retaliation can have negative effects on the careers of innocent employees.

Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining assignments, evaluating or counseling employees, or issuing discipline in a manner that is consistent with established procedures. 602.5 INVESTIGATION OF COMPLAINTS
Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved employee should take prompt and reasonable steps to mitigate or eliminate any continuing abusive or hostile work environment. All complaints of discrimination, retaliation, or harassment should be fully documented and promptly and thoroughly investigated.

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Discriminatory Harassment
a.
b.
602.5.1 SUPERVISORY RESOLUTION
Employees who believe they are experiencing discrimination, harassment, or retaliation should be encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional, or inappropriate. However, if the employee feels uncomfortable or threatened or has difficulty expressing the employee’s concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 602.5.2 FORMAL INVESTIGATION
If the complaint cannot be satisfactorily resolved through the supervisory resolution process, a formal investigation will be conducted.

The person assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any employees involved. No influence will be used to suppress any complaint and no employee will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint, or for offering testimony or evidence in any investigation.

Formal investigation of the complaint will be confidential to the extent possible and will include but is not limited to details of the specific incident, frequency and dates of occurrences, and names of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs.

Employees who believe they have been discriminated against, harassed, or retaliated against because of their protected status are encouraged to file a complaint with their immediate supervisor but may also file a complaint directly with the City Manager.
602.5.3 ALTERNATIVE COMPLAINT PROCESS
No provision of this policy shall be construed to prevent any employee from seeking legal redress outside the City. Employees who believe that they have been harassed, discriminated, or retaliated against are entitled to bring complaints of employment discrimination to federal, state, and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges.

Employees are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements.
602.6 DOCUMENTATION OF COMPLAINTS
All complaints or allegations shall be thoroughly documented on the appropriate forms and in a manner designated by the City Manager. The outcome of all reports shall be:

Approved by the City Manager.

Maintained in accordance with the established records retention schedule. 602.6.1 NOTIFICATION OF DISPOSITION
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The complainant and/or victim will be notified in writing of the disposition of the investigation and the actions taken to remedy or address the circumstances giving rise to the complaint. 602.7 TRAINING
All new employees shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new employee. The employee shall certify by signing the prescribed form that the employee has been advised of this policy, is aware of and understands its contents, and agrees to abide by its provisions during the employee’s term with the City.

All employees shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents, and agree that they will continue to abide by its provisions.

Discriminatory Harassment - 141

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Policy
Grievances
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B.

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E.

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603.1 PURPOSE AND SCOPE
The grievance procedures shall be used to resolve employee complaints concerning the express terms and conditions of employment with the city. The grievance procedures shall not be used for:

The resolution of any complaint concerning any disciplinary action; or The resolution of any complaint concerning any aspect of the employment examination process.

Refer to current MOUs for latest procedures update.
603.2 GENERAL PROCEDURES
Any grievance not filed or appealed to the next step within the time limits established in the grievance procedures shall be deemed settled on the basis of the last decision and not subject to further appeal or reconsideration.

Failure by City to reply to a grievance within the time limits established in the grievance procedures shall automatically grant the right to process the grievance to the next level.

By mutual agreement and for good cause, any level of review, or any time limits established in these procedures, may be waived or reasonably extended in writing at any step in the grievance procedure.

By mutual agreement, the grievance may revert to a prior level for reconsideration.

If a grievance is returned to the employee for insufficiency, the City will state in writing the reasons for the return. If the grievance was timely filed initially, new time limits for filing a revised grievance shall commence in accordance with Section 5 (B) of these procedures.

The settlement of any specific complaint(s) or grievance(s) shall not constitute a precedent for settlement of complaints or grievances, nor for the interpretation of this Memorandum of Understanding to other individuals or circumstances.
603.3 PROCEDURES
Informal Discussion of Grievance: Within seven (7) business days from the occurrence of the matter on which a complaint is based, or within seven (7) business days from his/her knowledge of such occurrence, an employee shall informally discuss the matter with their immediate supervisor. If after such a discussion, the grievance has not been satisfactorily resolved, the employee shall have the right to file a formal grievance.

First Level of Review: Within seven (7) business days after the informal discussion of the grievance with the employee's immediate supervisor, the employee shall have the right to file a formal written grievance with the employee's immediate supervisor. All formal grievances shall comply with the requirements of Section 4.G, above. Within seven (7) business days of receiving a formal written Grievances - 142

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Grievances
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grievance, the immediate supervisor shall render a decision in writing to the employee on the original copy of the grievance. Should the grievance contain more than one issue, the grievant may accept any decision in part, and may continue the grievance process until all issues are resolved.

Second Level of Review: Within seven (7) business days from his/her receipt of the immediate supervisor's written decision and using the returned original copy of the grievance form, the employee may appeal the supervisor's decision to the City Manager, using the original copy of the grievance form. Within ten (10) business days from receipt of the employees' grievance, the City Manager or his/her designee who has not been involved in the grievance in the prior two (2) levels shall review the grievance and render a written decision and the reasons therefore to the employee.

The decision of the City Manager shall conclude the administrative procedures for the grievance.

Again, should the grievance be partially resolved at this level, the grievant may accept the partial resolution and continue the grievance process until all issues are resolved. 603.4 MATTERS SUBJECT TO GRIEVANCE PROCEDURE
Violation of a specific term of this Memorandum of Understanding between the City and the Association;
Improper application of rules, regulations and procedures; Unfair treatment, including coercion, restraint or reprisal; The impact of a reduction in force action (layoff);
Promotion procedures unfairly implemented;
Discrimination because of race, religion, color, creed, disability, sex, marital status, national origin or sexual orientation; or
Any other matter affecting the terms and conditions of employment. 603.5 BINDING ARBITRATION
Within seven (7) business days from his/her receipt of the City Manager's or his/her designee's written decision, or should the City Manager or his/her designee fail to render a decision within the time period provided by these procedures, the Association president, or his/her designee, may request that a grievance be submitted to arbitration as provided for hereinafter.

Only those grievances that directly concern or involve the interpretation or application of the specific terms and conditions of this Memorandum of Understanding may be submitted to arbitration hereunder. In no event shall such arbitration extend to:

The interpretation, application, merits or legality of any federal, state or local law or ordinance, including specifically all ordinances adopted by the City Council. The interpretation, application. merits or legality of the exercise of the City's exclusive rights and authorities as specified in Article V of this Memorandum of Understanding.

In the event the Association desires to request that a grievance, which meets the requirements of Section 6.B here of, be submitted to arbitration, it shall, within the time requirements set forth above, transmit a written request to the State Mediation & Conciliation Service with a copy thereof simultaneously transmitted to the City Manager.

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Grievances
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E.

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A.

B.

C.

The parties shall select a mutually acceptable arbitrator. If the parties cannot agree on an arbitrator, they shall notify the State Mediation & Conciliation Service and request that it provide the parties with a list of five names from which the parties will attempt to mutually select an arbitrator. If the parties cannot mutually agree upon an arbitrator from the list of arbitrators provided by the State Mediation & Conciliation Service, they will select an arbitrator through an alternate striking of names from that list. The last remaining name on the list will be the selected arbitrator. The party to strike the first name will be determined by chance.

Arbitration of a grievance hereunder shall be limited to the formal grievance as originally filed by the employee to the extent that said grievance has not been resolved. Arbitration hereunder shall be conducted in accordance with applicable rules and procedures adopted or specified by the State Mediation & Conciliation Service unless the parties hereto agree to other rules or procedures for the conduct of such arbitration. The parties involved shall share the fees and expenses of the arbitrator equally. All other expenses including but not limited to fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration will be the responsibility of the party incurring such cost, unless otherwise agreed by the parties. The parties involved shall share the costs of transcripts and similar materials required or requested by the arbitrator equally.

Prior to a hearing by an arbitrator, a representative of the City and the Association shall meet and prepare a joint statement setting forth the issue(s) to be determined which shall be submitted to the arbitrator. In the event the City and Association cannot agree on the joint statement, each party shall present to the arbitrator, at the hearing, its own submission statement; in which case the arbitrator shall determine which of the submitted issues are to be resolved.

The decision of the arbitrator resulting from any arbitration of grievances hereunder shall not add to, subtract from, or otherwise modify the terms and conditions of this Memorandum of Understanding.

The decision of the arbitrator shall be binding upon the Association to the extent the decision and award of the arbitrator does not require action by the City Council, such decision and award shall be binding upon the City. If within sixty (60) business days of receiving notice of a decision and award requiring action by the City Council, such action is not taken, the Association may then resort to a court of competent jurisdiction to pursue whatever other legal remedies are available to it under this Memorandum of Understanding.
603.6 RIGHTS, RESPONSIBILITIES AND RESTRICTIONS
Employees have the right to the assistance of a representative of their choice in the preparation of their written grievance and to represent them in formal or informal grievance meetings. The grievant may be required by either party to be present in any or all meetings, related to their grievance.

Employees selected as a representative in a grievance must obtain the permission of his/her supervisor to be absent from his/her duties to attend a grievance meeting. The employee representative shall provide his/her supervisor with reasonable advance notice to ensure that his /her absence will not interfere with Departmental operations.

Grievances may be submitted on City time. In scheduling the time, place and duration of any grievance meeting, the operational needs of the City shall be of paramount consideration. Neither Grievances - 144

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Grievances
D.

E.

F.

G.
the grievant nor the City shall lose their rights because of limitations in scheduling meetings or limitations placed on the release of an employee representative due to the operational needs of the City.

Only a person selected by a grievant and made known to the City two (2) business days prior to a scheduled formal grievance shall have the right to represent or advocate as an employee's representative.

The City shall notify the president of the Association of any grievance involving the terms and conditions of this Memorandum of Understanding. The president, or his or her designee, with the permission of the grievant, may be present as an observer at any formal grievance meeting concerning a grievance that directly involves the interpretation or application of the specific terms of this Memorandum of Understanding. If the Association representative is permitted by the grievant to attend any formal grievance meeting, he/she must obtain his/her supervisor's prior permission to be absent from his/her assigned duties.

Only persons who have direct, first-hand knowledge of the event(s) giving rise to the grievance may be called as witnesses.

Supervisors and department heads have the responsibility to inform an employee of any limitation of their authority to fully resolve a grievance. Employees have the responsibility to state clearly and concisely the specific action(s) being grieved, the article(s) allegedly violated, and the specific remedy requested.

Grievances - 145

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Policy
Anti-Retaliation
604.1 PURPOSE AND SCOPE
This policy prohibits retaliation against employees who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement, or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety, or well-being of employees.

This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause.

These guidelines are intended to supplement and not limit employees’ access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of an employee pursuant to any applicable federal law, provision of the U.S. Constitution, state and local law, ordinance, or current employment agreement.
604.2 POLICY
The City has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation employees who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated.
604.3 RETALIATION PROHIBITED
No employee may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory, or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy.

Retaliation includes any adverse action or conduct, including but not limited to:
604.4 COMPLAINTS OF RETALIATION
• Refusing to hire or denying a promotion.
• Extending the probationary period.
• Unjustified reassignment of duties or change of work schedule. • Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity. • Taking unwarranted disciplinary action.
• Spreading rumors about the person filing the complaint or about the alleged wrongdoing. • Shunning or unreasonably avoiding a person because the person has engaged in protected activity.

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Anti-Retaliation
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Any employee who feels retaliated against in violation of this policy should promptly report the matter to any supervisor, or the City Manager or the authorized designee.

Employees shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Employees shall not report or state an intention to report information or an allegation knowing it to be false or with willful or reckless disregard for the truth or falsity of the information, or otherwise act in bad faith.

Investigations are generally more effective when the identity of the reporting employee is known, thereby allowing investigators to obtain additional information from the reporting employee. However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting employee’s identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the employee are part of the investigative process. 604.5 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:

Ensuring complaints of retaliation are investigated.

Receiving all complaints in a fair and impartial manner.

Documenting the complaint and any steps taken to resolve the problem.

Acknowledging receipt of the complaint, notifying the City Manager or the authorized designee, and explaining to the employee how the complaint will be handled.

Taking appropriate and reasonable steps to mitigate any further violations of this policy.

Monitoring the work environment to ensure that any employee making a complaint is not subjected to further retaliation.

Periodic follow-up with the complainant to ensure that retaliation is not continuing.

Not interfering with or denying the right of an employee to make any complaint.

Taking reasonable steps to accommodate requests for assignment or schedule changes made by an employee who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy.
604.6 COMPLAINT PROCESS
The City Manager should communicate to all supervisors the prohibition against retaliation.

Supervisors shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to:

Communicating to all employees the prohibition against retaliation.

The timely review of complaint investigations.

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Anti-Retaliation
c.
d.

Remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence.

The timely communication of the outcome to the complainant. 604.7 WHISTLE-BLOWING
Employees who believe they have been the subject of retaliation for engaging in protected behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the City Manager or the authorized designee for investigation.
604.8 RECORDS RETENTION AND RELEASE
The Custodian of Records shall ensure that documentation of investigations is maintained in accordance with the established records retention schedules.
604.9 TRAINING
This policy should be reviewed with each new employee.

All employees should receive periodic refresher training on the requirements of this policy.

Anti-Retaliation - 148

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Policy
Drug-and Alcohol- Free Workplace
605.1 PURPOSE AND SCOPE
The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol in the workplace (41 USC § 8103).
605.2 POLICY
It is the policy of the City to provide a drug- and alcohol-free workplace for all employees. 605.3 GENERAL GUIDELINES
Alcohol and drug use in the workplace or on city time can endanger the health and safety of city employees and the public.

Employees who have consumed an amount of an alcoholic beverage or taken any medication, or combination thereof, that would tend to adversely affect their mental or physical abilities shall not report for work. Affected employees shall notify an appropriate supervisor as soon as they are aware of an inability to report to work. If the employee is unable to make the notification, every effort should be made to have a representative contact the supervisor in a timely manner. If the employee is adversely affected while at work, the employee shall be immediately removed and released from work (see the Work Restrictions section in this policy).

The City reserves the right to restrict the work activities of any employee who is using legal drugs or prohibit any employee from working entirely while he or she isusing legal drugs. 605.3.1 USE OF MEDICATIONS
Employees should not use any medications that will impair their ability to safely and completely perform their work. Any employee who is medically required or has a need to take any such medication shall report that need to an immediate supervisor prior to commencing any work. 605.3.2 MEDICAL CANNABIS
Possession, use, or being under the influence of medical cannabis during work hours is prohibited and may lead to disciplinary action.
605.4 EMPLOYEE RESPONSIBILITIES
Employees shall report for work in an appropriate mental and physical condition. Employees are prohibited from purchasing, manufacturing, distributing, dispensing, possessing, or using controlled substances or alcohol on city premises or on city time (41 USC § 8103). The lawful possession or use of prescribed medications or over-the-counter remedies is excluded from this prohibition.

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Drug-and Alcohol- Free Workplace
a.
b.
c.

Employees shall notify a supervisor immediately if they observe behavior or other evidence that they believe demonstrates that a fellow employee is impaired during work hours due to drug or alcohol use.

Employees are required to notify their immediate supervisors of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction (41 USC § 8103). 605.4.1 DUTY TO DISCLOSE
Employees who operate or who are responsible in any way for the operation, custody or care of the City's property, or for the safety of other employees or other persons, have a duty to disclose the nature of their job duties to any prescribing physician or pharmacist and/or to a City physician or pharmacist and to inquire of the physician(s) or pharmacist whether their use of the drugs prescribed might result in the dangers, risks or impairment that this Policy is intended to prevent. 605.5 EMPLOYEE ASSISTANCE PROGRAM
There may be available a voluntary employee assistance program to assist those who wish to seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment for drug and alcohol abuse also may be available. Employees should contact the City Manager or the authorized designee, their insurance providers, or the employee assistance program for additional information. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to performance problems.
605.6 WORK RESTRICTIONS
If an employee informs a supervisor of having consumed any alcohol, drug, or medication that could interfere with a safe and efficient job performance, the employee may be required to obtain clearance from a physician before continuing to work.

If the supervisor reasonably believes, based on objective facts, that an employee is impaired by the consumption of alcohol or other drugs, the supervisor shall prevent the employee from continuing work and shall ensure that the employee is safely transported away from the workplace. 605.7 SCREENING TESTS
A supervisor may require an employee to submit to a screening under any of the following circumstances:

The supervisor reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs that are impairing the employee’s ability to perform work safely and efficiently.

The employee uses property owned or approved by the City in a manner that results in injury, death, or substantial property damage.

The employee drives a motor vehicle in the performance of the employee’s work and becomes involved in an incident that results in bodily injury, death, or substantial damage to property.

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Drug-and Alcohol- Free Workplace
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c.
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3. 4.
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1. 2.

3. 4.

5. 605.7.1 SUPERVISOR RESPONSIBILITIES
The supervisor shall prepare a written record documenting the specific facts that led to the decision to require the test, and shall inform the employee in writing of the following:

The test will be given to detect either alcohol or drugs, or both.

The result of the test is not admissible in any criminal proceeding against the employee.

The employee may refuse the test, but refusal may result in dismissal or other disciplinary action. 605.7.2 DISCIPLINE
An employee may be subject to disciplinary action if the employee Fails or refuses to submit to a screening test.

After taking a screening test that indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested, of having taken the controlled substance as directed, pursuant to a current and lawful prescription issued in the employee’s name. 605.7.3 SUBSTANCE SCREENING
Job Applicants: Job Applicants will be required to undergo drug and alcohol testing as a condition of employment with the City.

Employees: Current Employees will be subject to testing if they:

Report to work or, while conducting or performing City business regardless of location, are found to be intoxicated or exhibiting abnormal behavior or performance difficulties associated with substance abuse;
Are involved in a work-related accident and exhibit indicators of substance abuse; Are subject to federal or state regulatory requirements for drug or alcohol testing; or Are in safety-sensitive positions or other positions in which impaired performance could have an adverse effect on the health or safety of the employee, his or her co-employees, other individuals or the City.

Testing: The City may utilize each or all of the following testing methods:

Pre-employment testing;
Random testing for employees in safety-sensitive positions; Reasonable suspicion testing; which is based on the opinion of a supervisor, and a concurring opinion or approval of a higher level manager shall be required before testing is ordered;
Post-accident testing (where the employee exhibits indicators of substance abuse); and Testing authorized or required by federal or state regulations, including Department of Transportation Regulations.
605.8 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT
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Drug-and Alcohol- Free Workplace
a.
b.
c.
a.
b.
a.
b.

No later than 30 days following notice of any drug statute conviction for a violation occurring in the workplace involving an employee, the City will take appropriate disciplinary action, up to and including dismissal, and/or requiring the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program (41 USC § 8104).
605.9 DISCIPLINARY ACTION
Any violation of this Policy may result in discipline, up to and including discharge, depending on the circumstances and at the discretion of the City.

Effect of Criminal Conviction: An employee who is convicted under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event will be deemed to have violated this Policy.

Written Warning: An employee who is not discharged for a first violation of this Policy will receive a final written warning and the City reserves the right to select any intermediate level of discipline that is not an abuse of its discretion. As a condition for avoiding discharge, an employee may be required to accept a Last Chance Agreement and successfully complete a substance abuse treatment program, as determined by the City.

Effect of Second Violation: A second violation after the Written Warning of this Policy at any time will result in discharge.
605.10 UNREGULATED OR AUTHORIZED CONDUCT
Customary Use of Over-the-Counter Drugs: Nothing in this Policy is intended to prohibit the customary and ordinary purchase, sale, use, possession, or dispensation of over-the-counter drugs, so long as such activity does not violate any law or result in an employee being impaired by the use of such drugs in violation of this Policy.

Off-the-Job Conduct: Nothing in this Policy is intended to regulate off-the-job conduct, so long as the employee's off-the-job use of alcohol or drugs does not result in the employee being under the influence of or impaired by the use of alcohol or drugs in violation of this Policy. 605.11 QUALIFIED DISABLED EMPLOYEES
Commitment to Employ Disabled Individuals: Nothing in this Policy is intended to diminish the City's commitment to employ qualified disabled individuals or to provide reasonable accommodation to such individuals consistent with all federal, state and local laws. As noted above, however, employees are required, under certain limited circumstances, to obtain the City's consent to continue working while using legal drugs.

Reasonable Accommodation: If an employee's use of a legal drug is related to a disability and the employee voluntarily self-identifies as a disabled individual to the City in connection with an effort to determine whether it is advisable to continue working despite the use of the drug, and if it is Drug-and Alcohol- Free Workplace - 152

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Drug-and Alcohol- Free Workplace
determined that the employee should not continue to work in his or her regular job while using the legal drug, an effort will be made to reasonably accommodate that employee. 605.12 CONFIDENTIALITY
The City recognizes the confidentiality and privacy due to its employees. Disclosure of any information relating to substance abuse treatment, except on a need-to-know basis, shall only be with the express written consent of the employee involved or pursuant to lawful process.

The written results of any screening tests and all documents generated by the employee assistance program are considered confidential medical records and shall be maintained in the employee’s confidential medical file in accordance with the Personnel Records Policy.

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Policy
Communicable Diseases
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1. 606.1 PURPOSE AND SCOPE
This policy provides general guidelines to assist in minimizing the risk of employees contracting and/or spreading communicable diseases.
606.1.1 DEFINITIONS
Definitions related to this policy include:

Communicable disease - A human disease caused by microorganisms that are present in and transmissible through human blood, bodily fluid, or tissue, or by breathing or coughing. These diseases commonly include but are not limited to hepatitis B virus (HBV), HIV, and tuberculosis.

Exposure - When an eye, the mouth, a mucous membrane, or non-intact skin comes into contact with blood or other potentially infectious materials, or when these substances are injected or infused under the skin; when an individual is exposed to a person who has a disease that can be passed through the air by talking, sneezing, or coughing (e.g., tuberculosis), or the individual is in an area that was occupied by such a person. Exposure only includes those instances that occur due to an employee’s position with the City. (See the exposure control plan for further details to assist in identifying whether an exposure has occurred.)
606.2 POLICY
The City is committed to providing a safe work environment for its employees. Employees should be aware that they are ultimately responsible for their own health and safety. 606.3 EXPOSURE CONTROL OFFICER
The City Manager should assign a person as the Exposure Control Officer (ECO). The ECO is responsible for the development of an exposure control plan that includes:

Exposure prevention and decontamination procedures.

Procedures for when and how to obtain medical attention in the event of an exposure or suspected exposure.

The provision that city employees will have no-cost access to personal protective equipment (PPE) (e.g., gloves, face masks, eye protection, pocket masks) that is appropriate for each employee’s position and risk of exposure.

Identification of exposure risks and reasonable efforts to reduce additional exposure.

Compliance with all relevant laws or regulations related to communicable diseases which may include the following:

Responding to requests and notifications regarding exposures covered under the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136)
Communicable Diseases - 154

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Communicable Diseases

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Bloodborne pathogen precautions, including exposure determination, if required (29 CFR 1910.1030)
The ECO should also act as the liaison with the state occupational health and safety authority and may request voluntary compliance inspections. The ECO should periodically review and update the exposure control plan and review implementation of the plan.
606.4 EXPOSURE PREVENTION AND MITIGATION
606.4.1 GENERAL PRECAUTIONS
All employees are expected to use good judgment and follow training and procedures related to mitigating the risks associated with communicable disease. This includes but is not limited to (29 CFR 1910.1030:

Stocking disposable gloves, antiseptic hand cleanser, CPR masks, or other specialized equipment in the work area or city vehicles, as applicable.

Wearing city-approved disposable gloves when contact with blood, other potentially infectious materials, mucous membranes, and non-intact skin can be reasonably anticipated.

Washing hands immediately or as soon as feasible after removal of gloves or other PPE.

Treating all human blood and bodily fluids/tissue as if it is known to be infectious for a communicable disease.

Using an appropriate barrier device when providing CPR.

Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne transmissible disease.

Decontaminating non-disposable equipment (e.g., clothing, shoes, work equipment) as soon as possible if the equipment is a potential source of exposure.

Clothing that has been contaminated by blood or other potentially infectious materials should be removed immediately or as soon as feasible and stored/decontaminated appropriately.

Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors, knives) cautiously and using puncture-resistant containers for their storage and/or transportation.

Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses where there is a reasonable likelihood of exposure.

Disposing of biohazardous waste appropriately or labeling biohazardous material properly when it is stored.
606.4.2 IMMUNIZATIONS
Employees who could be exposed to HBV due to their positions may receive the HBV vaccine and any routine booster at no cost (29 CFR 1910.1030). Additional immunizations may also be required or provided.
606.5 POST EXPOSURE
Communicable Diseases - 155

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Communicable Diseases
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606.5.1 INITIAL POST-EXPOSURE STEPS
Employees who experience an exposure or suspected exposure shall (29 CFR 1910.1030):

Begin decontamination procedures immediately (e.g., wash hands and any other skin with soap and water, flush mucous membranes with water).

Obtain medical attention as appropriate.

Notify a supervisor as soon as practical.
606.5.2 REPORTING REQUIREMENTS
Supervisors should investigate every exposure or suspected exposure that occurs as soon as possible following the incident. Supervisors should document the following information (29 CFR 1910.1030):

Identification of the employee exposed
Date and time of incident
Location of incident
Potentially infectious materials involved and the source of exposure (e.g., identification of the person who may have been the source)
Work being done during exposure
How the incident occurred or was caused
PPE in use at the time of the incident
Actions taken post-event (e.g., clean-up, notifications) Supervisors should advise their employees that disclosing the identity and/or infectious status of a source to the public or to anyone who is not involved in the follow-up process is prohibited. Supervisors should complete the incident documentation in conjunction with other reporting requirements that may apply (see the Work-Related Illness and Injury Reporting and Illness and Injury Prevention policies). 606.5.3 MEDICAL CONSULTATION, EVALUATION, AND TREATMENT City employees have the opportunity to have a confidential medical evaluation immediately after an exposure and follow-up evaluations as necessary.

The ECO should request a written opinion/evaluation from the treating medical professional that contains only the following information (29 CFR 1910.1030):

Whether the employee has been informed of the results of the evaluation.

Whether the employee has been notified of any medical conditions resulting from exposure to blood or other potentially infectious materials that require further evaluation or treatment.

No other information should be requested or accepted by the ECO. 606.5.4 COUNSELING
The City should provide the employee, and the employee’s family if necessary, the opportunity for counseling and consultation regarding the exposure.

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Communicable Diseases
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606.5.5 SOURCE TESTING
Testing a person for communicable diseases when that person was the source of an exposure should be done when it is desired by the exposed employee or when it is otherwise appropriate. Source testing is the responsibility of the ECO. If the ECO is unavailable to seek timely testing of the source, it is the responsibility of the exposed employee’s supervisor to ensure testing is sought.

Source testing may be achieved by:

Obtaining consent from the individual.

Requesting assistance from local health authorities to obtain testing.

Acquiring a court order in accordance with state law.

Since there is the potential for overlap between the different manners in which source testing may occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate testing.

The ECO should seek the consent of the individual for testing and consult the City Manager to discuss other options when no statute exists for compelling the source of an exposure to undergo testing if the individual refuses.
606.6 CONFIDENTIALITY OF REPORTS
Medical information shall remain in confidential files and not be disclosed to anyone without the employee’ s written consent (except as required by law). Test results from persons who may have been the source of an exposure are to be kept confidential as well (29 CFR 1910.1030). 606.7 TRAINING
Training regarding communicable diseases should be provided to employees commensurate with the requirements of their position. The training (29 CFR 1910.1030):

Should be provided at the time of initial assignment to tasks where an occupational exposure may take place and at least annually after the initial training.

Should be provided whenever the employee is assigned new tasks or procedures affecting potential exposure to communicable disease.

Should provide guidance on what constitutes an exposure, what steps can be taken to avoid an exposure, and what steps should be taken if a suspected exposure occurs.

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Policy
Smoking and Tobacco Use
607.1 PURPOSE AND SCOPE
This policy establishes limitations on smoking and the use of tobacco products by employees and others during work hours or while in city facilities or vehicles.

For the purpose of this policy, smoking and tobacco use includes but is not limited to any tobacco product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches, and chewing tobacco, as well as any device that is intended to simulate smoking, such as an electronic cigarette or personal vaporizer. 607.2 POLICY
The City recognizes that smoking and tobacco use is a health risk and can be offensive to others. All forms of smoking and tobacco use also present an unprofessional image for the City and its employees.

Therefore, all forms of smoking and tobacco use are prohibited by employees and visitors in all city facilities, buildings, and vehicles, and as is further outlined in this policy. 607.3 SMOKING AND TOBACCO USE
Smoking and tobacco use by employees are prohibited any time employees are in public view representing the City.

It is the responsibility of employees to ensure that no person under their supervision or control smokes or uses any tobacco product inside city facilities and vehicles.

No employee shall smoke or vape near any entrance, window, or other location where other persons may be subject to breathing smoke or vapor.
607.4 POSTING
Signs or other notices should be posted at appropriate locations to notify employees and the public where smoking and tobacco use is prohibited.

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Policy
Meal Periods and Breaks
608.1 PURPOSE AND SCOPE
This policy provides general guidance regarding meal periods and breaks for employees. 608.2 POLICY
It is the policy of the City to provide meal periods and breaks to employees in accordance with the law and any employment agreements.
608.3 MEAL PERIODS
Employees shall take meal periods at times approved by their supervisors The time spent for meal periods shall not exceed the authorized time allowed.

Emergency response employees shall remain on-duty subject to call during meal periods. All other employees are not on-duty during meal periods unless directed otherwise by a supervisor. 608.4 BREAKS
Employees shall be entitled to 15-minute break when working minimum of four (4) hours. Breaks should be taken near the midpoint of each four-hour work period. Only one break should be taken during each four hours of work. No breaks should be taken during the first or last hour of an employee’s shift unless approved by a supervisor.

Emergency response employees shall remain on-duty subject to call during breaks. All other employees are not on-duty during breaks unless directed otherwise by a supervisor.

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Policy
Lactation Breaks
609.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding reasonable accommodations for lactating employees.
609.2 POLICY
It is the policy of the City to provide, in compliance with federal law, reasonable accommodations for lactating employees. This includes break time and appropriate facilities to accommodate any employee desiring to express breast milk for a nursing child for up to one year after the child's birth (29 USC § 218d; 42 USC § 2000gg-1; 29 CFR 1636.3).
609.3 LACTATION BREAK TIME
A rest period should be permitted each time the employee requires a lactation break (29 USC § 218d; 42 USC § 2000gg-1; 29 CFR 1636.3). In general, lactation breaks that cumulatively total 30 minutes or less during any four-hour work period or major portion of a four-hour work period would be considered reasonable. However, individual circumstances may require more or less time.

Lactation breaks, if feasible, should be taken at the same time as the employee's regularly scheduled rest or meal periods. While a reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will be unpaid.

Employees desiring to take a lactation break shall notify a supervisor prior to taking such a break. Such breaks may be reasonably delayed if they would seriously disrupt city operations.

Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.
609.4 PRIVATE LOCATION
The City will make reasonable efforts to accommodate employees with the use of an appropriate room or other location to express milk in private. Such room or place should be in proximity to the employee's work area and shall be other than a bathroom or toilet stall. The location must be shielded from view, free from intrusion from coworkers and the public, and otherwise satisfy the requirements of federal law (29 USC § 218d; 42 USC § 2000gg-1; 29 CFR 1636.3).

Employees occupying such private areas shall either secure the door or otherwise make it clear to others that the area is occupied with a need for privacy. All other employees should avoid interrupting an employee during an authorized break, except to announce an emergency or other urgent circumstance.

Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area.

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Lactation Breaks
609.5 STORAGE OF EXPRESSED MILK
Any employee storing expressed milk in any authorized refrigerated area shall clearly label it as such and shall remove it when the employee’s workday ends.

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Policy
Payroll Records
610.1 PURPOSE AND SCOPE
This policy provides the guidelines for completing and submitting payroll records of city employees who are eligible for the payment of wages.
610.2 POLICY
The City maintains timely and accurate payroll records. 610.3 RESPONSIBILITIES
Employees are responsible for the accurate completion and timely submission of their payroll records for the payment of wages.

Supervisors are responsible for approving the payroll records of employees under their supervision. 610.4 TIME REQUIREMENTS
Employees who are eligible for the payment of wages are paid on a scheduled, periodic basis, generally on the same day or date each period, with certain exceptions, such as holidays. Payroll records shall be completed and submitted as established by the city payroll procedures. 610.5 RECORDS
The City shall maintain accurate and timely payroll records as required by 29 CFR 516.2 for a minimum of three years (29 CFR 516.5).

Payroll Records - 162

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Policy
Overtime Compensation
a.
611.1 PURPOSE AND SCOPE
This policy establishes guidelines and procedures regarding overtime for employees, in conformance with the Fair Labor Standards Act (FLSA) (29 USC § 201 et seq.). 611.2 POLICY
The City will compensate nonexempt employees who work authorized overtime either by payment of wages or by the accrual of compensatory time (29 CFR 553.22). Employees who are salary exempt from FLSA are not compensated for overtime worked.
611.3 COMPENSATION
Payment of wages to nonexempt employees for overtime, or accrual of compensatory time in lieu of compensation for overtime worked, shall be at the rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required (29 USC § 207(o)(1)).

Nonexempt employees are generally entitled to overtime pay or accrual of compensatory time for work over 40 hours in a given workweek (29 USC § 207). Nonexempt employees working a shift schedule (e.g., first responders) should consult with the Department of Human Resources for information about hours of work for which overtime pay or compensatory time is required.

Short periods of overtime worked at the end of the normal workday (e.g., less than one hour in duration) may be handled informally by an agreement between the supervisor and the employee. In such cases, the supervisor shall document the overtime worked and schedule a subsequent adjustment of work time within the same work period that the overtime was worked, rather than submit a request for overtime compensation (29 USC § 207(o)).

Exempt employees may be eligible for administrative leave, which may be granted at the discretion of the exempt employee's immediate supervisor.
611.4 REQUESTS FOR OVERTIME COMPENSATION
611.4.1 EMPLOYEE RESPONSIBILITIES
Generally, no employee is authorized to work overtime without the prior approval of a supervisor. If circumstances do not permit prior approval, approval shall be sought as soon as practicable during the overtime shift and in no case later than the end of the shift in which the overtime is worked.

Nonexempt employees shall:

Obtain supervisory approval, verbal or written.

Overtime Compensation - 163

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Overtime Compensation
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1. Record the actual time worked in an overtime status using the city-approved form or method.

Informal notations on reports, logs, or other forms not approved for overtime recording are not acceptable.

Submit the request for overtime compensation pursuant to city payroll procedures. 611.4.2 SUPERVISOR RESPONSIBILITIES
Supervisors shall:

Prior to authorizing an employee to work overtime, evaluate the need for the overtime.

Supervisors should not authorize any request to work overtime if the overtime would not be an appropriate use of city resources.

Upon receipt of a request for overtime compensation, confirm that the overtime was authorized and then verify the actual time worked.

Supervisors identifying any unauthorized overtime or discrepancy shall initiate an internal investigation.

After verifying and approving the overtime amount, promptly forward the request for compensation to the employee’s department director for final approval.

After the head of the department has authorized compensation, the request shall be submitted to the City Manager or the authorized designee as soon as practicable.

Supervisors may not authorize or approve their own overtime. 611.5 VARIATION IN TIME REPORTED
When two or more employees are assigned to the same activity and the amount of time for which overtime compensation is requested varies among the employees, the City Manager, authorized designee, or other approving supervisor may require each employee to include the reason for the variation on the overtime compensation request.
611.6 REQUESTING USE OF COMPENSATORY TIME
Employees who have accrued compensatory time shall be allowed to use that time for time off within a reasonable period after making a request, if the request does not unduly disrupt city operations (29 USC § 207(o)). Requests to use compensatory time will be submitted to the employee’s supervisor at least 24 hours in advance of its intended use. Supervisors may make exceptions in unusual or extraordinary circumstances.

Supervisors shall not unreasonably deny employee requests to use compensatory time (29 CFR 553.25).

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Policy
Work-Related Illness and Injury Reporting
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612.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding timely reporting of work-related conditions such as a physical injury or an occupational illness.
612.1.1 DEFINITIONS
Definitions related to this policy include:

Work-related condition - Any significant medical or mental condition suspected to have been caused by an employee’s service to the City. Any condition that would reasonably require some form of treatment should be considered significant.
612.2 POLICY
The City will address work-related conditions and will comply with applicable state workers’ compensation requirements.
612.3 RESPONSIBILITIES
612.3.1 EMPLOYEE RESPONSIBILITIES
Employees shall report work-related conditions as soon as practicable, but within 24 hours, to a supervisor, and seek medical care when appropriate.
612.3.2 SUPERVISOR RESPONSIBILITIES
A supervisor learning of any work-related condition should:

Ensure the employee receives medical care as appropriate.

Determine whether the Illness and Injury Prevention Policy applies and take additional action as required.

Review the report for accuracy and determine whether the work-related condition is required to be reported to the state or workers’ compensation entity and whether any additional action should be taken.

Forward the report to the City Manager or the authorized designee to be maintained in the employee’s confidential medical file.
612.4 OTHER ILLNESS OR INJURY
Work-related conditions that do not qualify for workers’ compensation reporting shall be documented on the designated report of injury form, which shall be signed by a supervisor. A copy of the completed form shall be forwarded to the City Manager or the authorized designee.

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Work-Related Illness and Injury Reporting
Unless the injury is extremely minor, the affected employee shall sign the form indicating no desire for medical treatment. Signing the form does not preclude the employee’s ability to later seek medical attention.
612.5 SETTLEMENT OFFERS
When an employee experiences a work-related condition that is caused by another person and is subsequently contacted by that person, that person’s agent, an insurance company, or an attorney and offered a settlement, the employee shall take no action other than to submit a written report of this contact to a supervisor as soon as possible.
612.5.1 NO SETTLEMENT WITHOUT PRIOR APPROVAL
No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising out of or related to a work-related condition, the employee shall provide the City Manager or the authorized designee with written notice of the proposed terms of such settlement. In no case shall the employee accept a settlement without first providing written notice to the City Manager or the authorized designee.

The purpose of such notice is to permit the City to determine whether the offered settlement will affect any claim the City may have regarding payment for damage to equipment or reimbursement for wages against the person who caused the work-related condition, and to protect the city's right of subrogation, while ensuring that the employee's right to receive compensation is not affected.

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Policy
Temporary Modified-Duty Assignments
613.1 PURPOSE AND SCOPE
This policy establishes procedures for providing temporary modified-duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, city rules, or applicable employment agreements. For example, nothing in this policy affects the obligation of the City to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability or limitation that is protected under federal or state law. 613.2 POLICY
Subject to operational and business considerations, the City may identify temporary modified-duty assignments for employees who have an injury or medical condition resulting in temporary work limitations or restrictions. A temporary assignment allows the employee to work, while providing the City with a productive employee during the temporary period.
613.3 GENERAL CONSIDERATIONS
Priority consideration for temporary modified-duty assignments will be given to employees with workrelated injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or state law shall be treated equally, without regard to any preference for a work-related injury.

No position should be created or maintained as a temporary modified-duty assignment.

Temporary modified-duty assignments are a management prerogative and not an employee right. The availability of temporary modified-duty assignments will be determined on a case-by-case basis, consistent with the operational and business needs of the City. Temporary modified-duty assignments are subject to continuous reassessment, with consideration given to operational and business needs and the employee’s ability to perform in a modified-duty assignment.

The City Manager or the authorized designee may restrict employees working in temporary modified-duty assignments from wearing a uniform, operating a city vehicle, or engaging in outside employment.

Temporary modified-duty assignments should generally not exceed a cumulative total of 1,040 hours in any one-year period.

Employees who refuse a temporary modified-duty assignment offer are permitted to use available approved leave, if eligible.
613.4 PROCESS
Employees may request a temporary modified-duty assignment for short-term injuries or illnesses.

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Temporary Modified-Duty Assignments
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Employees seeking a temporary modified-duty assignment should submit a written request to their immediate supervisors or the authorized designees. The request should, as applicable, include a certification from the treating medical professional containing:

An assessment of the nature and probable duration of the illness or injury.

The prognosis for recovery.

The nature and scope of limitations and/or work restrictions.

A statement regarding any required workplace accommodations, mobility aids, or medical devices.

A statement that the employee can safely perform the duties of the temporary modified-duty assignment.

Supervisors will make a recommendation to the City Manager or the authorized designee regarding temporary modified-duty assignments that may be available based on the needs of the City and the limitations of the employee.

Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved and facilitated by the supervisor, with notice to the City Manager or the authorized designee. 613.5 ACCOUNTABILITY
Written notification of assignments, work schedules, and any restrictions should be provided to employees assigned to temporary modified-duty assignments and their supervisors. Those assignments and schedules may be adjusted to accommodate city operations and the employee’s medical appointments, as mutually agreed upon by the employee and the employee’s supervisor. 613.5.1 EMPLOYEE RESPONSIBILITIES
The responsibilities of employees assigned to temporary modified duty include but are not limited to:

Communicating and coordinating any required medical and physical therapy appointments in advance with their supervisors.

Promptly notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professionals.

Communicating a status update to their supervisors no less than once every 30 days while assigned to temporary modified duty.

Submitting a written status report to the City Manager or the authorized designee that contains a status update and anticipated date of return to full duty when a temporary modified-duty assignment extends beyond 60 days.
613.5.2 SUPERVISOR RESPONSIBILITIES
The employee’s immediate supervisor should monitor and manage the work schedule of those assigned to temporary modified duty.

The responsibilities of supervisors include but are not limited to:

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Temporary Modified-Duty Assignments
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Periodically apprising the City Manager or the authorized designee of the status and performance of employees assigned to temporary modified duty.

Notifying the City Manager or the authorized designee and ensuring that the required documentation facilitating the employee’s return to full duty is received from the employee.

Ensuring that employees returning to full duty have completed any required training and certification. 613.6 MEDICAL EXAMINATIONS
Prior to returning to full-duty status, employees shall be required to provide certification from their treating medical professionals stating that they are medically cleared to perform the essential functions of their jobs without restrictions or limitations.

The City may require a fitness-for-duty examination prior to returning an employee to full-duty status. 613.7 PREGNANCY
If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth, or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified-duty assignment.

If notified by an employee or the employee's representative regarding a limitation related to pregnancy, childbirth, or related medical conditions, the City should make reasonable efforts to provide an accommodation for the employee in accordance with federal law and any applicable state law. The accommodation should be provided without unnecessary delay, as appropriate (42 USC § 2000gg-1; 29 CFR 1636.3; 29 CFR 1636.4).

Nothing in this policy limits a pregnant employee's right to a temporary modified-duty assignment if required under state law.
613.7.1 NOTIFICATION
Pregnant employees should notify their immediate supervisors as soon as practicable and provide a statement from their medical providers identifying any pregnancy-related job restrictions or limitations. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted in accordance with the city’s personnel rules and regulations regarding family and medical care leave.
613.8 PROBATIONARY EMPLOYEES
Probationary employees who are assigned to a temporary modified-duty assignment may have their probation extended by a period of time equal to their assignment to temporary modified duty. 613.9 MAINTENANCE OF CERTIFICATION AND TRAINING
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Temporary Modified-Duty Assignments
Employees assigned to temporary modified duty shall maintain all certification, training, and qualifications appropriate to both their regular and temporary duties, provided that the certification, training, or qualifications are not in conflict with any medical limitations or restrictions. Employees who are assigned to temporary modified duty shall inform their supervisors of any inability to maintain any certification, training, or qualifications.

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Policy
Speech, Expression, and Social Networking
a.
b.
614.1 PURPOSE AND SCOPE
This policy is intended to address issues associated with the use of social networking sites, and provides guidelines for the regulation and balancing of employee speech and expression with the needs of the City.

This policy applies to all forms of communication, including but not limited to film, video, print media, public or private speech, and use of all internet services, including the web, email, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video, and other file-sharing sites.

Nothing in this policy is intended to prohibit or infringe upon any communication, speech, or expression that is protected under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of an employee group, about matters of public concern, such as misconduct or corruption.

Employees are encouraged to consult with their supervisors regarding any questions arising from the application or potential application of this policy.
614.2 POLICY
Employees of public entities occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of the City. Due to the nature of the work and influence associated with local government employees, it is necessary that city personnel be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the City will carefully balance the individual employee’s rights against the needs and interests of the City when exercising a reasonable degree of control over its employees’ speech and expression.
614.3 PROHIBITED SPEECH, EXPRESSION, AND CONDUCT
Employees should demonstrate sound judgment in speech, expression, and conduct that relates to or affects the City. In order to meet the safety, performance, and public-trust needs of the City, the following are prohibited unless the speech is otherwise protected (e.g., an employee is speaking as a private citizen, including acting as an authorized member of an employee group, on a matter of public concern):

Speech or expression that is disruptive to the work environment, undermines authority, and is destructive to close working relationships.

Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation, or professionalism of the City or its employees.

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Speech, Expression, and Social Networking
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1. 2.
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Knowingly or recklessly false speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the City and tends to compromise or damage the mission, function, reputation, or professionalism of the City or its employees. Examples may include:

Making a false accusation of wrongdoing without exercising reasonable caution to verify the truth of the matter.

Intentionally misrepresenting on social media actions taken by the City that would damage the city’s reputation.

Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of city employees. Use or disclosure, through whatever means, of any information, photograph, video, or other recording obtained or accessible as a result of employment or appointment with the City for financial or personal gain, or any disclosure of such materials without the express authorization of the City Manager or the authorized designee.

Posting, transmitting, or disseminating any photographs, video or audio recordings, likenesses or images of city logos, emblems, uniforms, badges, patches, marked vehicles, equipment, or other material that specifically identifies the City on any personal or social networking or other website or web page, without the express authorization of the City Manager or the authorized designee.

Employees must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website).
614.3.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS
While employees are not restricted from engaging in the following activities as private citizens or as authorized members of employee groups, employees may not represent the City or identify themselves in any way that could be reasonably perceived as representing the City in order to do any of the following, unless specifically authorized by the City Manager or the authorized designee:

Endorse, support, oppose, or contradict any political campaign or initiative.

Endorse, support, oppose, or contradict any social issue, cause, or religion.

Endorse, support, or oppose any product, service, company, or other commercial entity.

Appear in any commercial, social, or nonprofit publication; in any motion picture, film, video, or public broadcast; or on any website.

Additionally, when it can reasonably be construed that an employee, acting in an individual capacity or through an outside group or organization, including as an authorized member of an employee group, is affiliated with this city, the employee shall give a specific disclaiming statement that any such speech or expression is not representative of the City.

Employees retain their rights to vote as they choose, to support candidates of their choice, and to express their opinions as private citizens, including as authorized members of employee groups on political subjects and candidates at all times during non-work hours. However, employees may not use their official authority or influence to interfere with or affect the result of elections or nominations for office. Employees are also prohibited from directly or indirectly using their official authority to coerce, command, or advise Speech, Expression, and Social Networking - 172

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Speech, Expression, and Social Networking
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another employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes (5 USC § 1502). 614.4 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails, texts, or anything published or maintained through file-sharing software or any internet site (e.g., Facebook, Twitter, LinkedIn) that is accessed, transmitted, received, or reviewed on any city technology system (see the Information Technology Use Policy for additional guidance).

However, the City may not require an employee to disclose a personal username or password or to open a personal social website, except when legally permitted and relevant to the investigation of allegations of work-related misconduct.
614.5 CONSIDERATIONS
In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the City Manager or the authorized designee should consider include:

Whether the speech or conduct would negatively affect the efficiency of delivering public services.

Whether the speech or conduct would be contrary to the good order of the City or the efficiency or morale of its employees.

Whether the speech or conduct would reflect unfavorably upon the City.

Whether the speech or conduct would negatively affect the appearance of impartiality in the performance of the employee’s duties.

Whether similar speech or conduct has been previously authorized.

Whether the speech or conduct may be protected and outweighs any interest of the City. 614.6 TRAINING
Subject to available resources, the City should provide training regarding the limitations on speech, expression, and use of social networking to all employees.

Speech, Expression, and Social Networking - 173

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Policy
Illness and Injury Prevention
a.
b.
c.
d.
e.
615.1 PURPOSE AND SCOPE
The City has established this Injury and Illness Prevention Program ("IIPP" or "Plan") in accordance with California Code of Regulations, Title 8, Chapter 4, Section 3203 of the General Industry Safety Orders and Section 1509 of the Construction Safety Orders. This document encompasses the City's IIPP. 615.2 POLICY
The maintenance of a safe and healthy work environment is imperative for the successful operation of the City's business. For this reason, safety requirements are considered fundamental to the design and construction of City facilities and worksites. To achieve our objectives, all City employees are trained and are expected to comply with all applicable health and safety policies and practices. 615.3 ILLNESS AND INJURY PREVENTION PLAN
The HR Director or or the authorized designee has the authority and the responsibility for implementing and maintaining this Plan on behalf of the city. Managers and supervisors are responsible for implementing and maintaining the Plan within their designated work areas and for answering employee questions about the Plan.

All employees, including managers and supervisors, are responsible for complying with safe and healthful work practices including, but not limited to, adhering to all city implemented directives, policies and procedures aimed at maintaining a safe work environment. To reinforce compliance with the city's health and safety practices, the city shall:

Inform all employees, including temporary workers, of the provisions of its Plan and supporting policies and procedures.

Evaluate the safety performance of all workers.

Recognize employees verbally and on written performance evaluations who perform safe and healthful work practices.

Provide training to employees whose safety performance is deficient.

Discipline employees for failure to comply with safe and healthful work practices and/or for failure to comply with City policies, procedures and guidelines.

Employees who observe or are aware of unsafe behavior and conduct within the workplace are expected to report the observed behavior to their supervisor, manager or anonymously by using a Hazard Report form
615.4 MANAGER/ADMINISTRATOR RESPONSIBILITIES
Illness and Injury Prevention - 174

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Illness and Injury Prevention
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Management, including the HR Director, will ensure that Occupational Safety and Health Administration ("OSHA") compliance training is provided to all employees in a format readily understandable to its employees. The City's communication system encourages all employees to inform their managers and/or supervisors about workplace hazards without fear of reprisal. The City has a strict no-retaliation policy and instances of retaliation are to be promptly reported to a member of the City's Human Resources Department.

The City's communication system includes the following:

New employee orientation including, but not limited to, a discussion of safety and health policies and procedures.

Review of the IIPP.

Regularly scheduled safety meetings.

Quarterly scheduled staff meetings.

Posted or distributed safety information.

A system for employees to anonymously inform management about workplace hazards.

Job performance feedback.

Training programs.
615.5 HAZARDS ASSESSMENT
The HR Director or designee will conduct periodic inspections to identify and evaluate workplace hazards.

Periodic inspections are performed according to the following schedule:

When the IIPP is first established.

When the UPP is substantively revised.

When new substances, processes, procedures or equipment which present potential new hazards are introduced into the workplace.

When new, previously unidentified hazards are recognized.

When occupational injuries and illnesses occur.

Whenever workplace conditions warrant an inspection.
615.6 INSPECTIONS
Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should be used for documentation and to ensure a thorough assessment of the work environment.

The HR Directoror the authorized designee should ensure that the appropriate documentation is completed for each inspection.

Illness and Injury Prevention - 175

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Illness and Injury Prevention
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615.7 ACCIDENT/EXPOSURE INVESTIGATIONS
The HR Director or designee is responsible for investigating workplace accidents and hazardous substance exposures. Employees shall promptly report all incidents, accidents and near misses to their supervisor.

Procedures for investigating workplace accidents and hazardous substance exposures include the following:

Visiting the accident or exposure scene as soon as safe and practicable. lnterviewing injured workers and witnesses, including local law enforcement and security personnel as appropriate.

Examining the workplace for factors associated with the accident/exposure.

Wherever practicable, determining the cause of the accident/exposure.

Taking corrective action to prevent the accident/exposure from reoccurring.

Recording the findings and corrective actions taken on the appropriate forms. 615.8 TRAINING
Employees, including supervisors, should be provided with training on general and job-specific workplace safety and health practices. Training should be provided:

To supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed.

To all employees with respect to hazards specific to each employee’s job assignment.

To all employees given new job assignments for which training has not previously been provided.

Whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard.

Whenever the City is made aware of a new or previously unrecognized hazard. 615.8.1 TRAINING AND INSTRUCTION
All employees, including managers and supervisors, shall be provided training and instruction on general and job-specific safety and health practices. Training and instruction is provided:

When the UPP is first established and when substantive changes are made.

To all new workers, except for construction workers who are provided training through a construction industry occupational safety and health training program approved by Cal/OSHA.

To all workers given new job assignments for which training was not previously provided.

Whenever new substances, processes, procedures or equipment are introduced to the workplace and present a new hazard.

Whenever the City is made aware of a new or previously unrecognized hazard.

Illness and Injury Prevention - 176

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Illness and Injury Prevention
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To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed.

To all workers with respect to hazards specific to each employee's job assignment.

The City's general workplace safety and health practices include, but are not limited to, the following:

Implementation and maintenance of the IIPP and general measures for reporting unsafe conditions, work practices and injuries or illnesses.

Emergency action and fire prevention plans.

Provisions for medical services and first aid including, but not limited to, emergency procedures.

Prevention of musculoskeletal disorders, including, but not limited to, proper lifting techniques.

Proper housekeeping, such as keeping stairways and aisles clear, work areas neat and orderly and promptly cleaning up spills.

Prohibiting horseplay, scuffling, or other acts that tend to adversely influence safety.

Proper storage to prevent stacking goods in an unstable manner and storing goods against doors, exits, fire extinguishing equipment and/or electrical panels.

Proper reporting of hazards and accidents to supervisors.

Hazard communication, including worker awareness of potential chemical hazards, and proper labeling of containers.

Proper storage and handling of toxic and hazardous substances including prohibiting eating or storing food and beverages in areas where they can become contaminated.

Use of appropriate clothing, including, but not limited to, gloves, footwear and PPE.

City's Workplace Violence Prevention Plan ("WVPP") and AB 1234 Ethics Code of Compliance. 615.9 RECORDS
The City has taken the following steps to implement and maintain its IIPP:

We are a local governmental entity (county, city, district, or and any public or quasi-public corporation or public agency) and we are not required to keep written records of the steps taken to implement and maintain our IIP Program.

Illness and Injury Prevention - 177

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Policy
Workplace Violence
a.
616.1 PURPOSE AND SCOPE
The purpose of this policy is to make clear that the City does not tolerate any direct or implied threats of violence or violent behavior in the workplace or any act or behavior that is or can be perceived as threatening, hostile, and/or violent.

The City Workplace Violence Prevention Plan ("WVPP" or "Plan") addresses the hazards known to be associated with the four (4) types of workplace violence as defined by law. The purpose of this plan is to provide guidelines for city employees to follow in preventing and reporting workplace violence, as it is the city's goal to maintain a violence-free working enviroment. All employees are required to comply with the plan. Failure to comply with this plan will be appropriately disciplined, including, but not limited to, termination of employment.
616.2 DEFINITIONS
Emergency - Unanticipated circumstances that can be life threatening or pose a risk of significant injuries to employees or other persons.

Engineering controls - An aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between the employee and the hazard.

Log - The violent incident log required by LC section 6401.9.

Plan - The workplace violence prevention plan required by LC section 6401.9.

Serious injury or illness - Any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone.

Threat of violence - Any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose.

Workplace violence - Any act of violence or threat of violence that occurs in a place of employment.

Workplace violence includes, but is not limited to, the following:

The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.

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Workplace Violence
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1. 2.

3. 4.

An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.

The following four workplace violence types:

Type 1 violence - Workplace violence committed by a person who has no legitimate business at the worksite, and includes violent acts by anyone who enters the workplace or approaches employees with the intent to commit a crime.

Type 2 violence - Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.

Type 3 violence - Workplace violence against an employee by a present or former employee, supervisor, or manager.

Type 4 violence - Workplace violence committed in the workplace by a person who does not work there, but has or is known to have had a personal relationship with an employee.

Workplace violence does not include lawful acts of self-defense or defense of others.

Work practice controls - Procedures and rules which are used to effectively reduce workplace violence hazard.
616.3 RESPONSIBILITY
The City Manager ("WVPP administrator"), has the authority and responsibility for implementing the provisions of this plan on behalf of the City. Managers and supervisors are responsible for implementing and maintaining the WVPP within their respective work areas and for fielding employee questions about the WVPP.

Job Title/Position WVPP Responsibilities Phone No. Email Address City Manager
Overall responsibility for
the plan; approves the
final plan and any major
changes.
626-652-3116 [email protected]
Director of Human
Resources and Risk
Management
Responsible for
employee involvement
and trainings; organizes
safety meetings,
updates training
materials and handles
reports of workplace
violence.
626-579-6540 [email protected]
Responsible for
emergency response,
hazard identification,
and coordination with
other employers;
Workplace Violence - 179

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Emergency Operations
Coordinator
conducts safety
inspections, coordinates
emergency response
procedures, and
communicates with
other employers about
the plan.
626-652-3117 [email protected]
616.4 EMPLOYEE ACTIVE INVOLVEMENT
The City implements the following policies and procedures to obtain the active involvement of employees and authorized employee representatives in developing and establishing the Plan:

All employees will follow all workplace violence prevention plan directives, policies, and procedures and assist in maintaining a safe and inclusive work environment in accordance with relevant City policies and procedures, including, but not limited to, the Workplace Harassment Policy, the Injury and Illness Prevention Program and AB 1234 Ethics Conduct and Compliance.

Management will work with and allow employees and authorized employee representatives to actively participate in:

Identifying, evaluating, and determining appropriate corrective measures to prevent workplace violence by conducting safety meetings aimed at the identification of workplace violence-related concerns/hazards, evaluation and remediation.

Designing and implementing training sessions relevant to identifying a threat of violence or assault and the City's reporting policy and procedures.

Reporting and investigating workplace violence incidents based on the City's internal reporting procedures.

Management will ensure that all workplace violence policies and procedures within this written policy are clearly communicated and understood by all City employees. Managers and supervisors will enforce the rules fairly and uniformly.

The Plan shall be in effect at all times and in all work areas and be specific to the hazards and corrective measures for each of the City's work areas and operations. 616.5 EMPLOYEE COMPLIANCE
The City's system to ensure that its employees comply with the rules and work practices that are designed to make the workplace more secure and do not engage in threats or physical actions which create a security hazard for others in the workplace, includes at a minimum:

Ensuring employees, supervisors and managers are properly trained regarding the City's Plan.

Developing effective procedures to ensure supervisory and nonsupervisory employees comply with the City's Plan through training, monitoring and evaluations.

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Providing retraining to employees whose safety performance is deficient in accordance with the City's Plan.

Recognizing employees who demonstrate safe work practices that promote the City's Plan through monthly email blasts and/or notices and verbal and/or written commendations.

Disciplining employees who fail to comply with the Plan in accordance with the City's disciplinary policy as outlined within its respective Memorandums of Understanding and the City's Personnel Rules.
616.6 COMMUNICATION WITH EMPLOYEES
The City recognizes that open, two-way communication between management and staff about and/or regarding workplace violence issues is essential to a safe and productive workplace. As such, the following communication system is designed to facilitate a continuous flow of workplace violence prevention information between management and staff in a form that is readily understandable by all employees, and may consist of one or more of the following:

New employee orientation including workplace violence prevention policies and procedures.

Workplace violence prevention training programs.

Regularly scheduled meetings that address security issues and potential workplace violence hazards
Effective communication between employees and supervisors about workplace violence prevention and violence concerns through training aimed at warning signs of workplace violence and communicating in an employee's first language whenever practicable.

Posted and distributed workplace violence prevention information.

Permitting and encouraging employees to report a violent incident, threat, or other workplace violence concern to the City or directly to law enforcement without fear of reprisal or adverse action through anonymous reporting.

Employees will not be prevented from accessing their mobile or other communication devices to seek emergency assistance, assess the safety of a situation, or communicate with a person to verify their safety.

Employees' concerns will be investigated in a timely manner and they will be informed of the results following the conclusion of the hazard-related investigation.

Sharing training materials and sample incident reports to ensure adequate reporting procedures and methods and developing coordinated responses to incidents.

Updates during quarterly meetings with other employers in the building (at or near and around the same worksite) to discuss the plan and any updates. These meetings could involve sharing updates to the plan, discussing recent incidents, and coordinating training sessions. 616.7 COORDINATION WITH OTHER EMPLOYERS
The City will implement procedures to ensure non-City employers (i.e., contractors, subcontractors, temporary staffing agencies etc.) coordinate implementation of the City's Plan and understand their respective roles, as provided for within the Plan. The effective procedures include at a minimum:

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Workplace Violence
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Ensuring all employees are trained on workplace violence prevention.

Ensuring all workplace violence incidents involving any employee are reported, investigated, and recorded. This can be accomplished by reporting to the City Manager and/or Human Resources Department or their designee, via email at [email protected], [email protected], phone call at 626-579-6540, or in-person reporting.
616.8 WORKPLACE VIOLENCE INCIDENT REPORTING PROCEDURE
The City will implement the following effective procedures to ensure that:

All threats or acts of workplace violence are reported to an employee's supervisor or manager who will inform the City Manager or their designee. This will be accomplished by reporting via email to [email protected], phone call at 626-652- 3116, or in-person reporting.

To maintain anonymity, City employees may also anonymously report incidents through the repurposed "Suggestion Boxes" located at City Hall next to the employee bathrooms, the Community Center inside of the employee break/clock room, the Senior Center inside of the employee break room, the Public Works Maintenance Yard outside the employee break room and the Public Safety Office at the front lobby area. Anonymous reporting forms are attached herein as Attachment B. The suggestion boxes will be reviewed monthly by the HR Department.

Direct automated alerts to Sheriffs Department coordinated through the City Manager. 616.9 EMERGENCY RESPONSE PROCEDURES
The City has in place the following specific measures to handle actual or potential workplace violence emergencies:

Effective means to alert employees of the presence, location, and nature of workplace violence emergencies through Al Users automatic alerts system.

City will have in place up-to-date evacuation routes, emergency exits, procedures and guidelines for sheltering for all City facilities.

Guidelines regarding how to obtain help from staff, security personnel or law enforcement. The City will post information for response staff and local law enforcement in common areas within City facilities and worksites. In the event that there is an immediate danger, employees are to call for emergency assistance by dialing 9-1-1 and then notify the City Manager or their designee, where practicable.
616.10 WORKPLACE VIOLENCE HAZARD IDENTIFICATION AND EVALUATION The following policies and procedures are established and required to be conducted by the City to ensure that workplace violence hazards are promptly identified and evaluated:

Inspections shall be conducted when the Plan is first established, after each workplace violence incident and whenever the City is made aware of a new or previously unrecognized hazard.

The City shall review all submitted and/or reported concerns of potential hazards at least weekly and more frequently as determined by necessity.

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Workplace Violence
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616.10.1 PERIODIC INSPECTIONS
Periodic inspections of workplace violence hazards will identify unsafe conditions and work practices. This may require assessment for more than one type of workplace violence. Periodic Inspections shall be conducted at least annually.

Periodic inspections to identify and evaluate workplace violence and hazards will be performed by the following designated personnel in the following areas of the workplace:

Inspections for workplace violence hazards may include assessing:

The exterior and interior of the workplace for its attractiveness to robbers.

The need for violence surveillance measures, such as mirrors and cameras. Procedures for employees response during a robbery or other criminal act, including the City's policy prohibiting employees, who are not security guards, from confronting violent persons or persons committing a criminal act on City property or within the workplace.

Procedures for reporting suspicious persons or activities.

Effective location and functionality of emergency buttons, alarms and procedures that warn of actual or potential workplace violence dangers or that summon assistance.

Posting of emergency telephone numbers for law enforcement, fire, and medical services.

Whether employees have access to a telephone with an outside line.

Specific Person Name/Job Title Area/Department/Specific Location City Manager City Hall
Emergency Operations Coordinator City Hall
Public Works Director All Facilities
Public Works Supervisor All Facilities
Code Enforcement Supervisor All Facilities
Workplace Violence - 183

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Workplace Violence
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Whether employees have effective escape routes from the workplace or designated safe areas to retreat during an emergency.

Adequacy of workplace security systems, such as door locks, entry codes or badge readers, security windows, physical barriers and restraint systems.

Frequency and severity of threatening or hostile situations that may lead to violent acts by persons who are service recipients of the City.

Employees' skill in safely handling threatening or hostile service recipients (example: security guards).

The use of work practices such as the "buddy" system for specified emergency events.

How well management and employees communicate with each other.

Access to and freedom of movement within the workplace by non-employees, including recently discharged employees or persons with whom one of our employees is having a dispute.

Frequency and severity of employees' reports of threats of physical or verbal abuse by managers, supervisors, or other employees.

Any prior violent acts, threats of physical violence, verbal abuse, property damage or other signs of strain or pressure in the workplace.
616.11 WORKPLACE VIOLENCE HAZARD CORRECTION
Workplace violence hazards will be evaluated and corrected in a timely manner by the City Manager or designee. The City will implement the following effective procedures to correct workplace violence hazards that are identified:

If an imminent workplace violence hazard exists that cannot be immediately abated without endangering employee(s), all exposed employee(s) will be removed from the situation except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition will be provided with the necessary protective equipment and training.

All corrective actions taken will be documented and dated on the appropriate City forms.

Corrective measures for workplace violence hazards will be specific to a given work area.

Enhance workplace security by:

Improving lighting around and at the workplace.

Posting signs notifying the public that limited cash is kept on the premises and that cameras are monitoring the facility.

Installing and utilizing surveillance measures, such as cameras and mirrors, to provide information as to what is going on outside and inside of the workplace, with the goal of dissuading criminal activity.

Hiring security guards and having them patrol the workplace interior and perimeter.

Provide workplace violence systems, such as door locks, violence windows, physical barriers, emergency alarms and restraint systems by:

Ensuring the adequacy of workplace violence systems.

Posting emergency telephone numbers for law enforcement, fire and medical services.

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Workplace Violence

3. 4.

5. 6.
a.
b.

7. 8.

9. f.
g.
h.
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j.
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a.
b.
c.
d.
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Controlling access to and freedom of movement within the workplace by non-employees, include recently discharged employees or persons with whom one of our employees is having a dispute.

Installing effective systems to warn others of a violence danger or to summon assistance, e. g., alarms or panic buttons.

Ensuring employees have access to a telephone with an outside line Provide employee training/re-training (refreshers) on the WVPP, which could include but is not limited to the following:

Recognizing and handling threatening or hostile situations that may lead to violent acts by persons who are service recipients of our establishment.

Ensuring that all reports of violent acts, threats of physical violence, verbal abuse, property damage or other signs of strain or pressure in the workplace are handled effectively by management and that the person making the report is not subject to retaliation by the person making the threat.

Improving how well our establishment's management and employees communicate with each other.

Implementing procedures for reporting suspicious persons, activities and packages.

Providing and/or reviewing employee, supervisor and management training on emergency action procedures.

Ensure adequate employee escape routes.

Increase awareness by employees, supervisors and managers of the warning signs of potential workplace violence through de-escalation training. At management discretion, the City may designate additional training as required.

Ensure that employee disciplinary and discharge procedures address the potential for workplace violence in accordance with the City's Disciplinary Procedures listed within its Personnel Rules.

Establish a policy for prohibited practices; including, but not limited to, the Drug & Alcohol Free Workplace Policy and Discrimination and Harassment Policy.

Limit the amount of cash on hand and use time access safes for large bills.

Provide procedures for a "buddy" system for specified emergency events. 616.12 PROCEDURES FOR POST-INCIDENT RESPONSE AND INVESTIGATION After a workplace incident, the City Manager or their designee will implement the following post-incident procedures:

Visit the scene of an incident as soon as safe and practicable.

Interview all involved parties, including, but not limited to, City employees, witnesses, law enforcement and/or public safety enforcement officers.

Review security footage of existing security cameras if applicable.

Examine the workplace for security risk factors associated with the incident, including any previous reports of inappropriate behavior by the perpetrator.

Determine the cause of the incident.

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Workplace Violence
f.
g.
h.

1. 2.

3. 4.

5. 6.

7. a.
b.
c.
d.
e.
f.

8. a.
b.
c.

9. 10.

Record investigation findings and take necessary and appropriate corrective action to prevent similar incidents from occurring.

Obtain any reports completed by law enforcement.

The violent incident log will be used for every workplace violence incident (Attached herein as Attachment A) and will include information, such as:

The date, time, and location of the incident.

The workplace violence type(s) involved in the reported incident.

A detailed description of the incident.

A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.

A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing their usual job duties, working in a poorly lit area(s), rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location.

A classification of where the incident occurred, such as in the workplace, parking lot or other area outside of the workplace.

The type of incident, including, but not limited to, whether it involved any of the following:

Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching or spitting.

Attack with a weapon or object, including, but not limited to, a firearm, knife or other object.

Threat of physical force or threat of the use of a weapon or other object.

Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display or unwanted verbal or physical sexual contact.

Animal attack.

Other.

Consequences of the incident, including, but not limited to:

Whether security or law enforcement was contacted and their response.

Actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident.

Information about the person completing the log, including their name, job title and the date completed.

Reviewing all previous incidents.

Offer staff individual trauma counseling resources.

Ensure that no personal identifying information is recorded or documented in the written investigation report. This includes information which would reveal identification of any person involved in a violent incident, such as the person's name, address, electronic mail address ("email"), telephone number, social security number or other information that, alone or in combination with other publicly available information, reveals the person's identity.

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Workplace Violence
a.
b.
c.
d.
a.
b.
c.
d.
e.
f.

1. 2.
g.
h.
i.
j.
616.13 TRAINING AND INSTRUCTION
All employees, including managers and supervisors, will have training and instruction on general and jobspecific workplace violence practices and the subsequent risks associated with workplace violence. The City will provide training material appropriate in content and vocabulary to the educational level, literacy and language of its employees. These training sessions may include presentations, discussions and practical exercises. Training and instruction will be provided as follows:

When the WVPP is first established.

Annually to ensure all employees understand and comply with the Plan.

Whenever a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the Plan. The additional training may be limited to addressing the new workplace violence hazard or changes to the Plan.

When new equipment or work practices and/or procedures are introduced.

The City will provide its employees with training and instruction on the definitions found on pages 1-2 of this Plan and the requirements listed below:

The City's WVPP, how to obtain a copy of the City's Plan at no cost and how to participate in the development and implementation of the City's Plan.

How to report workplace violence incidents or concerns to the City or law enforcement without fear of reprisal.

Workplace violence hazards specific to the employees' job the corrective measures the City has implemented, how to seek assistance to prevent or respond to violence and strategies to avoid physical harm.

The violent incident log and how to obtain copies of records pertaining to hazard identification, evaluation and correction, training records and violent incident logs.

Opportunities the City has for interactive questions and answers with a person knowledgeable about the City's Plan.

Strategies to avoid or prevent workplace violence and physical harm, such as:

How to recognize workplace violence hazards including the risk factors associated with the four types of workplace violence.

Ways to defuse hostile or threatening situations.

How to recognize alerts, alarms or other warnings about emergency conditions and how to use identified escape routes or locations for sheltering.

Employee routes of escape.

Emergency medical care provided in the event of any violent act upon an employee.

Post-event trauma counseling for employees desiring such assistance.

Employees assigned to respond to alerts, alarms or systems that are in place to warn others will receive additional training that may include:

Workplace Violence - 187

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Workplace Violence
a.
b.
c.
d.
e.
f.
g.
a.
b.

1. 2.

General and personal safety measures.

Aggression and violence-predicting factors.

The assault cycle.

Characteristics of aggressive and violent persons.

Verbal intervention and de-escalation techniques and physical maneuvers to defuse and prevent violent behavior.

Strategies to prevent physical harm.

An opportunity to practice the taught maneuvers and techniques, including a debriefing session. 616.14 EMPLOYEE ACCESS TO THE WRITTEN WVPP
The City ensures that its Plan shall be in writing and shall be available and easily accessible to its employees, authorized employee representatives, and representatives of Cal/OSHA at all times.

This will be accomplished by providing employees with a copy at their time of hire and subsequent hardcopies being provided to each Department head.
616.15 RECORD KEEPING
The City will:

Create and maintain records of workplace violence hazard identification, evaluation and correction for a minimum of five (5) years.

Create and maintain training records for a minimum of one (I) year and include the following:

Training dates.

Contents or a summary of the training sessions.
• Create and maintain records of workplace violence hazard identification, evaluation and correction for a minimum of five (5) years.
• Create and maintain training records for a minimum of one (1) year and include the following:
• Training dates.
• Contents or a summary of the training sessions.
• Names and qualifications of persons conducting the training. • Names and job titles of all persons attending the training sessions. • Maintain violent incident logs for a minimum of five (5) years. • Maintain records of workplace violence incident investigations for a minimum of five (5) years. • The records shall not contain medical information per subdivision (j) of section 56.05 of the Civil Code.
• All records of workplace violence hazard identification, evaluation and correction; training, incident logs and workplace violence incident investigations as required by law, shall be made available to Cal/OSHA upon its request for examination and copying.

Workplace Violence - 188

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Workplace Violence

3. 4.
c.
d.

1. e.
a.
b.
c.
a.
b.
c.
d.
a.

1. 2.
b.

Names and qualifications of persons conducting the training.

Names and job titles of all persons attending the training sessions.

Maintain violent incident logs for a minimum of five (5) years.

Maintain records of workplace violence incident investigations for a minimum of five (5) years.

The records shall not contain medical information per subdivision (j) of section 56.05 of the Civil Code.

All records of workplace violence hazard identification, evaluation and correction; training, incident logs and workplace violence incident investigations as required by law, shall be made available to Cal/OSHA upon its request for examination and copying.
616.15.1 EMPLOYEE ACCESS TO RECORDS
The following records shall be available to employees and/or their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request:

Records of workplace violence hazard identification, evaluation and correction.

Training records.

Violent incident logs.
616.16 REVIEW AND REVISION OF THE WVPP
The City's WVPP will be reviewed for effectiveness:

At least annually.

When a deficiency is observed or becomes apparent.

After a workplace violence incident.

As needed.

Review and revision of the WVPP will include the procedures listed in the above Employee Active Involvement section of this Plan, as well as the following procedures to obtain the active involvement of employees and authorized employee representatives in reviewing the plan's effectiveness:

Review of City's WVPP should include, but is not limited to:

Review of incident investigations and the violent incident log.

Assessment of the effectiveness of security systems, including alarms, emergency response, and security personnel availability (if applicable).

Review that violence risks are being properly identified, evaluated, and corrected. Any necessary revisions are made promptly and communicated to all employees. Necessary revisions could include changes to procedures, updates to contact information, and additions to training materials. 616.17 EMPLOYER REPORTING RESPONSIBILITIES
Workplace Violence Prevention Program
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Workplace Violence
California Senate Bill 553 (SB 553) amended California Labor Code section 6401.7 and created section 6401.9 and the new requirements found in those Labor Code sections will be in effect and enforceable on July 1, 2024.

In accordance with the law, the City will immediately report to Cal/OSHA any serious injury, illness, or death (including any due to workplace violence) of an employee occurring in a place of employment or in connection with any employment.

Employee Assistance Program
The City maintains an Employee Assistance Program ("EAP"), which provides help to employees and their families who suffer from personal or emotional issues. The EAP provides professional counseling on a strictly confidential basis. The City encourages its employees to seek professional help for any personal issues involving interpersonal problems or anger management issues that may arise.

To All Employees
To access services, contact Human Resources at 626-652-3120 or utilize the City's Human Resources webpage at https://www.cityofsouthelmonte.org/l 69/Human-Resources.

Workplace Violence - 190

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Policy
Outside Employment
617.1 PURPOSE AND SCOPE
This policy provides guidelines for city employees who seek to engage in authorized outside employment. 617.1.1 DEFINITIONS
Definitions related to this policy include:

Outside employment - Duties or services performed by employees of the City for another employer, organization, or individual when wages, compensation, or other consideration for such duties or services is received. Outside employment also includes duties or services performed by those employees who are self-employed and receive compensation or other consideration for services, products, or benefits rendered.
617.2 POLICY
City employees shall obtain written approval from the City Manager or the authorized designee prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the City Manager or the authorized designee in accordance with the provisions of this policy. Failure to obtain prior written approval for outside employment, or engaging in outside employment that is prohibited by this policy, may lead to disciplinary action.
617.3 OUTSIDE EMPLOYMENT
617.3.1 REQUEST AND APPROVAL
Employees must submit a written request to engage in outside employment to their immediate supervisors. The request will then be forwarded to the City Manager or the authorized designee for consideration.

If approved, the employee will be provided with a written notification of approval. Unless otherwise indicated in writing, approval for outside employment will be valid through the end of the calendar year in which the request is approved. Employees seeking to continue outside employment must submit a new request at the start of each calendar year.
617.3.2 DENIAL
Any employee whose request for outside employment has been denied should be provided with a written notification of the reason at the time of the denial.
617.3.3 REVOCATION
Any employee whose approval for outside employment is revoked or suspended should be provided with a written notification of the reason for revocation or suspension.

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Outside Employment
a.

1. b.
c.
a.
b.
c.
d.
e.
f.

Approval for outside employment may be revoked or suspended:

When a supervisor determines the employee’s performance is failing to meet standards and the outside employment may be related to the deficient performance.

Approval for the outside employment may be re-established when the employee’s performance has reached a satisfactory level and with a supervisor’s authorization.

When an employee’s conduct or outside employment conflicts with city policy or any law.

When the outside employment creates an actual or apparent conflict of interest with the City. 617.3.4 APPEAL
If an employee’s request for outside employment is denied or if previous approval is revoked or suspended, the employee may file a written notice of appeal with the City Manager or the authorized designee within 10 days of receiving notice of the denial, revocation, or suspension.

A revocation or suspension will only be implemented after the employee has completed the appeal process.

If the employee’s appeal is denied, the employee may file a grievance as provided in the Grievances Policy.
617.4 REQUIREMENTS
617.4.1 PROHIBITED OUTSIDE EMPLOYMENT
The City reserves the right to deny any request for outside employment that involves:

The use of city time, facilities, equipment, or supplies.

The use of any city badge, uniform, or influence for private gain or advantage.

The employee’s receipt or acceptance of any money or other consideration for the performance of duties or services required or expected of the employee in the normal course of employment or appointment.

The performance of duties or services that may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other employee of the City.

Demands upon the employee’s time that would render the employee’s work performance for the City deficient or substandard.

Activities that may conflict with any other policy or rule of the City. 617.4.2 LOCAL GOVERNMENT RESOURCES
Employees are prohibited from using any city equipment or resources in the course of, or for the benefit of, any outside employment. This shall include the prohibition against employees using their position with the City to gain access to official records or databases. 617.4.3 REVIEW OF FINANCIAL RECORDS
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Outside Employment
a.
b.
c.

Unless prohibited by law under the circumstances, prior to approving outside employment, the City Manager or the authorized designee may request that an employee provide a copy of personal financial records for review if it is determined that a conflict of interest may exist. Failure or refusal by the employee to provide such records may result in denial of the outside employment.

If, after approving a request for outside employment, the City obtains information that a financial conflict of interest exists, the City Manager or the authorized designee may request that the employee provide a copy of personal financial records for review. Failure or refusal by the employee to provide such records may result in revocation or suspension of approval of the outside employment pursuant to this policy. 617.4.4 CHANGES IN OUTSIDE EMPLOYMENT STATUS
Employees who terminate their outside employment shall promptly submit written notification of such termination to their immediate supervisor. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through the procedures set forth in this policy.

Employees shall also promptly submit in writing to their immediate supervisor any material changes in outside employment, including any change in the number of hours, type of work, or the demands of any approved outside employment. Employees who are uncertain whether a change in outside employment is material are advised to report the change.
617.4.5 LEAVE OR RESTRICTED DUTY STATUS
Employees who are placed on leave or other restricted duty status shall inform their immediate supervisors in writing within five days as to whether they intend to continue their outside employment while on such leave or restricted status. The immediate supervisor shall review the duties of the outside employment, along with any related orders (e.g., administrative, medical), and make a recommendation to the City Manager or the authorized designee regarding whether such employment should continue.

In the event that the City Manager or the authorized designee determines that the outside employment should be discontinued, or if the employee fails to promptly notify an immediate supervisor of the employee’s intention regarding outside employment, a notice revoking approval of the outside employment will be forwarded to the employee and a copy attached to the original outside employment request.

Criteria for revoking approval due to leave or restricted duty status include but are not limited to:

The outside employment is medically detrimental to the total recovery of the employee.

The outside employment requires performance of the same or similar physical ability as would be required in the employee’s city job.

The employee fails to give timely notice of intent regarding outside employment to an immediate supervisor.

When the employee returns to full duty with the City, a written request may be submitted to the City Manager or the authorized designee to approve the outside employment request.

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Policy
Family and Medical Leave
618.1 PURPOSE AND SCOPE
The purpose of this policy is to provide general guidance for managing unpaid leave for eligible employees for qualified medical and family reasons, including (29 USC § 2612):

This policy does not address all possible situations and circumstances that may arise when an employee requests leave for family or medical reasons. As these leave situations arise, supervisors should consult with the City Manager or authorized designee to obtain specific guidance regarding leave rights and obligations.

Nothing in this policy supersedes any provision of any employment agreement, civil service or other local rule, or any law that provides greater family or medical leave rights. 618.1.1 DEFINITIONS
Definitions related to this policy include:

Child - A child under 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability (29 USC § 2611; 29 CFR 825.102; 29 CFR 825.122). An employee’s child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, or foster child; stepchild; or a child for whom the employee is standing in loco parentis (in place of a parent).

FMLA - The federal Family and Medical Leave Act (29 USC § 2601 et seq.).

Qualified health care professional - A physician, surgeon, doctor of osteopathy, podiatrist, dentist, psychologist, optometrist, nurse practitioner, nurse midwife, clinical social worker, or physician assistant duly licensed and authorized to practice medicine; chiropractors for some purposes; any health care provider from whom the city benefits plan will accept certification of the existence of a serious health condition to substantiate a claim for benefits (29 CFR 825.125).

Spouse - The person with whom an employee has entered into a marriage defined or recognized by the location in which the marriage was entered into (29 USC § 2611(13); 29 CFR 825.102; 29 CFR 825.122). 618.2 POLICY
• The birth, adoption, or foster care placement of a child. • To care for an immediate family member (spouse, child, or parent) with a serious health condition. • When an employee is unable to work because of the employee's own serious health condition. • To care for a spouse, son, daughter, parent, or next of kin who is a service member of the United States Armed Forces and who has a serious injury or illness incurred in the line of duty.

Family and Medical Leave - 194

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Family and Medical Leave
It is the policy of the City to manage unpaid leave for eligible employees for qualified medical and family reasons in compliance with federal law and any applicable employment agreement. 618.3 ELIGIBLE EMPLOYEES
Employees are eligible for FMLA after working for the City for at least one year and completing 1,250 hours over the 12 months prior to the commencement of the leave (29 USC § 2611; 29 CFR 825.110).

Employees may not be eligible for leave if there are fewer than 50 other employees within 75 miles of the employee’s work site.
618.4 TYPE AND DURATION OF LEAVE
Generally, eligible employees are entitled under FMLA to 12 workweeks of unpaid leave during a 12- month period (29 USC § 2612; 29 CFR 825.100). Up to 26 weeks of unpaid leave during a single 12- month period may be available to care for certain injured military service members. The 12-month period is measured backward from the date leave is taken and continuously with each additional leave day taken. 618.4.1 SERIOUS HEALTH CONDITIONS
Eligible employees may take up to 12 weeks of leave to care for a spouse, child, or parent with a serious health condition or when the employee is unable to work because of the employee's own serious health condition (29 USC § 2612(a)(1); 29 CFR 825.200).

If both spouses are employed by the City, the combined number of workweeks to care for a sick parent is limited to 12 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.201).

Generally, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves (29 USC § 2611; 29 CFR 825.113):
618.4.2 BIRTH OR PLACEMENT OF A CHILD
• An overnight stay in a hospital, hospice, or residential medical care facility (29 CFR 825.114). • Continuing treatment by a qualified health care professional due to a serious health condition of more than three full consecutive calendar days (29 CFR 825.115(a)). • Any period of incapacity due to pregnancy complications or prenatal care (29 CFR 825.115(b)). • A chronic condition that requires treatment (29 CFR 825.115(c)). • A permanent condition for which treatment may not be effective (such as Alzheimer’s or the terminal stages of a disease) (29 CFR 825.115(d)).
• Any period of absence to receive multiple treatments, including any recovery period, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days without medical intervention or treatment (such as cancer chemotherapy or physical therapy for arthritis) (29 CFR 825.115(e)).

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Family and Medical Leave
Eligible employees may take up to 12 weeks of leave for the birth, adoption, or foster care placement of a child of the employee (29 USC § 2612; 29 CFR 825.200). The leave must be concluded within one year of the birth or placement of the child (29 CFR 825.120; 29 CFR 825.121).

If both parents are employed by the City, the combined number of workweeks of leave is limited to 12 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.120; 29 CFR 825.121). 618.4.3 MILITARY EXIGENCY LEAVE
Eligible employees may take service member leave of up to 12 weeks for qualifying exigencies occurring because a spouse, child, or parent is on covered active duty or has been notified of an impending order to active duty (29 USC § 2612(a)(1)(E); 29 CFR 825.200). This type of leave is available to a family member of a person in the National Guard, Reserves, or members of the regular Armed Forces deployed to a foreign country. Qualifying exigencies include (29 CFR 825.126):
618.4.4 MILITARY CAREGIVER LEAVE
Eligible employees may take up to 26 weeks of leave in a single 12-month period to care for a spouse, son, daughter, parent, or next of kin who has incurred an injury or illness in the line of duty while on active duty in the Armed Forces, provided that such injury or illness may render the family member medically unfit to perform work (29 USC § 2612; 29 CFR 825.200).

Military caregiver leave is also available to family members of covered veterans who were members of the Armed Forces, including the National Guard or Reserves, at any point in the five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy (29 USC § 2612; 29 CFR 825.127).
• Addressing issues that arise from a short notice (seven or less days) deployment. • Attending military events related to the active duty or call to duty. • Attending family support or assistance programs.
• Making child care or educational arrangements or attending school activities arising from active duty or a call to active duty.
• Making financial and legal arrangements.
• Spending time with a military member who is on short-term rest-and-recuperation leave during a period of deployment.
• Attending post-deployment activities.
• Addressing issues that arise from the death of a military member, such as making funeral arrangements.
• Caring for a military member's parent who is incapable of self-care, such as providing care on an immediate-need basis or arranging for alternative care.

Family and Medical Leave - 196

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Family and Medical Leave
During the single 12-month period, employees are entitled to no more than a combined total of 26 weeks of FMLA leave. In any case in which both spouses are employed by the City, the combined number of workweeks of leave is limited to 26 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.127).

Service member FMLA leave runs concurrent with other leave entitlements provided under federal, state, and local law. Where FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. 618.4.5 INTERMITTENT LEAVE
An employee may take leave for the employee’s own serious health condition, for the serious health condition of the employee’s spouse, child, or parent, or to care for a covered service member with a serious injury or illness, intermittently or on a reduced schedule if medically necessary, and if that medical need can best be accommodated by an intermittent schedule as defined in federal law (29 USC § 2612 (b); 29 CFR 825.202; 29 CFR 825.124).

Leave due to a military exigency may be taken on an intermittent or reduced leave schedule (29 CFR 825.202).

Intermittent leave for the birth, adoption, or foster care placement of a child is only available if granted at the discretion of the City Manager, unless the employee has a serious health condition in connection with the birth or if the newborn child has a serious health condition (29 CFR 825.120; 29 CFR 825.121).

Intermittent leave for any employee shall be tracked and calculated. 618.4.6 PREGNANCY DISABILITY LEAVE
Pregnant employees who are disabled by pregnancy may be entitled to a disability leave in addition to any FMLA leave. The duration of leave is dependent on the circumstances. The City Manager shall defer to a pregnant employee’s qualified health care professional in assessing the employee's ability to work. 618.5 EMPLOYMENT BENEFITS WHILE ON LEAVE
While on leave, employees will continue to be covered by any group health insurance to the same extent that coverage is provided while the employee is on the job (29 USC § 2614(c); 29 CFR 825.209).

However, employees will not continue to be covered under non-health benefit plans.

Employees are responsible for any health plan employee contributions while on leave (29 CFR 825.210).

Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after the leave entitlement has been exhausted or expires, the City may recover its share of health plan premiums for the entire leave period unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee Family and Medical Leave - 197

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Family and Medical Leave
a.
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c.
or the employee's family member that would entitle the employee to leave, or because of circumstances beyond the employee’s control (29 CFR 825.213). The City may recover premiums through deduction from any sums (e.g., unpaid wages, vacation pay).

Employees may not earn additional time off while on unpaid leave. 618.6 SUBSTITUTION OF PAID ACCRUED LEAVES
Subject to applicable employment agreements and civil service rules, employees are required to exhaust all applicable paid accrued leave before taking unpaid leave. Paid accrued leave includes vacation leave, sick leave, personal leave, and compensatory time earned in lieu of overtime, pursuant to the Fair Labor Standards Act, during FMLA leave. Employees may not use paid accrued leave to extend FMLA leave beyond 12 workweeks per year.
618.7 USE OF FMLA LEAVE
If an employee takes a leave of absence for any reason that is FMLA qualifying, the City may designate that non-FMLA leave as running concurrently with the employee’s 12-week FMLA leave entitlement. 618.8 PROCEDURES
The following procedures will apply for all employees requesting leave under FMLA:

When a leave is requested for a medical or other FMLA-related treatment appointment, the employee must make a reasonable effort to schedule the appointment at a time that minimizes disruption to city operations (29 USC § 2612; 29 CFR 825.302).

An employee who wishes to take FMLA leave must provide the employee's supervisor with 30 days' advanced notice when the leave is foreseeable or as soon as practicable if the need for leave is not foreseeable (29 USC § 2612; 29 CFR 825.302; 29 CFR 825.303).

At the time of the request, the employee must complete an FMLA request form.

Requests for medical leave shall be accompanied by a qualified health care professional statement, including the date on which the serious health condition began and the estimated date of return to work (29 USC § 2613; 29 CFR 825.302).

Once the leave is requested or designated by the City, the supervisor should forward the request and any medical certifications to the City Manager or the authorized designee and ensure the employee is provided the necessary forms and FMLA information and required notices within five business days (29 CFR 825.300).

Employees are required to provide medical certification of a qualified health care professional or military documentation, if requested (29 CFR 825.305; 29 CFR 825.308; 29 CFR 825.309; 29 CFR 825.310).

Family and Medical Leave - 198

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Family and Medical Leave
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b.
c.
d.
e.

1. Employees shall be required to periodically report on their status and intent to return to work (29 USC § 2614; 29 CFR 825.311). This may assist in avoiding a delay in reinstatement when the employee is ready to return to work.

Employees returning from a medical leave for the employee's own serious health condition will be required to present medical verification from a qualified health care professional of the employee’s ability to return to work and a list of any restrictions that need to be accommodated (29 USC § 2614; 29 CFR 825.100; 29 CFR 825.312).
618.9 REINSTATEMENT FOLLOWING LEAVE
Generally, employees returning from FMLA leave within the qualified period will be restored to their original job or to an equivalent job with equivalent pay and benefits (but not seniority), unless the employee would not otherwise have been employed at the time reinstatement is requested (e.g., in the case of a layoff) (29 USC § 2614; 29 CFR 825.214; 29 CFR 825.216).

If the same position is no longer available, such as in a layoff, the employee will be entitled to a position that is comparable in pay, job content, and promotional opportunities and geographic location, if such a comparable position exists.

If upon return from leave an employee is unable to perform the essential functions of the job because of a physical or mental disability, the supervisor should work with the City Manager or the authorized designee to engage in an interactive process with the employee to identify a potential reasonable accommodation.

After exhausting paid FMLA leave, non-paid leave will continue until the conclusion of the protected 12- or 26-week time limit. Following the protected leave, the City Manager or the authorized designee in consultation with the legal counsel will determine whether non-FMLA leave should apply. 618.10 RESPONSIBILITY
The responsibilities of the City Manager or the authorized designee include but are not limited to (29 CFR 825.108; 29 CFR 825.110; 29 CFR 825.112; 29 CFR 825.300; 29 CFR 825.301):

Attempting to determine whether an employee absence of four or more days may qualify as FMLA leave.

Determining if an employee is eligible for FMLA leave.

Determining if leave is for an FMLA-qualifying reason.

Granting or denying a request for FMLA leave and providing designation notice to the employee within five business days of designation.

Providing eligibility notice to the employee within five business days of the request for FMLA leave or when acquiring knowledge that an employee's leave may be for FMLA.

If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible.

Family and Medical Leave - 199

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Family and Medical Leave
f. Providing a written rights and responsibilities notice each time the eligibility notice is provided to an employee.

The City Manager or the authorized designee should work with legal counsel regarding questions relating to leave or reinstatement from leave under this policy. 618.10.1 STATE FAMILY AND MEDICAL LEAVE CONSIDERATIONS
The City will comply with the requirements of any applicable state-specific laws providing for family and medical leave. The City Manager or the authorized designee is also responsible for establishing a process for implementing applicable family and medical leave requirements, including consideration of whether an employee is eligible for paid family or medical leave under state law, if applicable. 618.11 RECORDS
The City will maintain leave-related records as required by 29 CFR 825.500 for at least three years and in compliance with the city's established records retention schedule.

Records and documents related to doctor certifications and other medical information created for purposes of complying with FMLA and this policy shall be maintained as confidential medical records in separate files from employee personnel files.
618.12 NOTICE TO EMPLOYEES
The City Manager or the authorized designee should ensure that a notice explaining the FMLA's provisions and procedures is prominently posted in conspicuous places in the City where it can be readily seen by all employees and applicants for employment. Electronic posting is sufficient as long as the other posting requirements have been met as provided by 29 CFR 825.300 (29 CFR 825.300).

Family and Medical Leave - 200

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Policy
Sick Leave
619.1 PURPOSE AND SCOPE
This policy provides general guidance regarding the use and processing of sick leave. Additional terms for the of use of sick leave for eligible employees may be covered in another applicable city policy or employment agreement.

This policy is not intended to cover all types of sick leave. For example, employees may be entitled to additional paid or unpaid leave for certain family and medical reasons as addressed in the Family and Medical Leave Policy.
619.2 POLICY
It is the policy of the city to provide eligible employees with a sick leave benefit. 619.3 USE OF SICK LEAVE
Sick leave is intended to be used for qualified absences. Sick leave is not considered vacation. Abuse of sick leave may result in discipline, denial of sick leave benefits, or both.

Employees on sick leave shall not engage in other employment or self-employment or participate in any sport, hobby, recreational activity, or other activity that may impede recovery from the injury or illness (see the Outside Employment Policy).

Qualified appointments should be scheduled during an employee's non-working hours when it is reasonable to do so.
619.3.1 NOTIFICATION
All employees should notify the appropriate supervisor as soon as they are aware that they will not be able to report to work and no less than one hour before the start of their scheduled shifts. If, due to an emergency, an employee is unable to contact the supervisor, every effort should be made to have a representative for the employee contact the supervisor.

When the necessity to be absent from work is foreseeable, such as planned medical appointments or treatments, the employee shall, whenever possible and practicable, provide the City with no less than 10 days' notice of impending absence.

Upon return to work, employees are responsible for ensuring their time off was appropriately accounted for, and for completing and submitting the required documentation describing the type of time off used and the specific amount of time taken.
619.4 EXTENDED ABSENCE
Sick Leave - 201

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Sick Leave
a.
b.
c.

1. 2.
d.
e.

Employees absent from work for more than three consecutive days may be required to furnish a statement from a health care provider or verification supporting the need to be absent and/or the ability to return to work. Employees on an extended absence shall, if possible, contact their supervisor at specified intervals to provide an update on their absence and expected date of return.

Nothing in this section precludes a supervisor from requiring, with cause, a health care provider's statement for an absence of three or fewer days.
619.5 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:

Monitoring and regularly reviewing the attendance of employees to ensure that the use of sick leave and absences is consistent with this policy.

Attempting to determine whether an absence of four or more days may qualify as family medical leave and consulting with legal counsel or the City Manager as appropriate.

Addressing absences and sick leave use in the employee's performance evaluation when excessive or unusual use has:

Negatively affected the employee's performance or ability to complete assigned tasks.

Negatively affected city operations.

When appropriate, counseling employees regarding excessive absences and/or inappropriate use of sick leave.

Referring eligible employees to an available employee assistance program when appropriate.

Sick Leave - 202

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Policy
Paid Sick Leave to All Part-Time Employees
a.

1. 2.

3. 4.
b.

1. 2.

3. 4.
c.

1. 2.

3. d.
620.1 PURPOSE AND SCOPE
The Healthy Workplaces, Healthy Families Act of 2014 (AB1522) provides that a part-time employee who, on or after January 1,2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes. 620.2 POLICY
An employee is entitled to use accrued sick days beginning on the 90th day of employment. The sick leave is limited to 40 hours in each fiscal year of employment. All sick hours must be used by June 30" of each fiscal year or the hours will be lost; however hours will be replenished back to 40 sick hours on July 1 (of the new fiscal year).It is prohibited to discriminate or retaliate against an employee who requests paid sick days.
620.3 GENERAL GUIDELINES
Employee Eligibility (Part-time, temporary and seasonal employees) Works 30 or more days in California within a fiscal year May begin using paid sick time on 90th day of employment (but accrual begins on day one) Day one = first day of employment or 01/01/2024, whichever is later Employee may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave
Sick Hours earned
40 hours per fiscal year will be granted on January 1,2024 or the first day of employment as a part-time employee averages 8 hours a day or less
If an employee separates from the Agency employment and is re-hired by the Agency within one year of date of separation, previously accrued and unused paid sick leave hours shall be reinstated to the extent required by law. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the Agency before any paid sick leave can be used.

Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the agency.

Sick leave must be used with a minimum increment of two (2) hours Permissible uses of Sick Leave
Diagnosis, care, or treatment of existing health condition of employee or family member Preventive care for employee or family member
For victim of domestic violence, sexual assault, or stalking to obtain medical, legal, counseling, safety planning or related services
Family member is defined as
Paid Sick Leave to All Part-Time Employees - 203

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Paid Sick Leave to All Part-Time Employees

1. 2.

3. 4.

5. 6.
e.

1. 2.

3. f.

1. 2.

Child of any age by birth, adoption, fostering and/or step-child Parent (similarly broad) and parents-in-law
Spouse/domestic partner
Grandparent
Grandchild
Sibling
Request types
Can be done via oral or written
Advance notice must be done if foreseeable
You are not required to find a substitute if you are utilizing paid sick leave, however if you exhaust your sick leave you can be required to find a substitute.

Anti-Retaliation Provisions
No adverse employment action or threat of same for use of accrued sick days, attempt to use, or complaint
Rebuttable presumption of retaliation if adverse of employment action or denial of sick leave within 30 days of making/participating in complaint or opposing violation of sick pay law Paid Sick Leave to All Part-Time Employees - 204

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Policy
Petty Cash Management
621.1 PURPOSE AND SCOPE
This policy provides for the establishment and administration of a city petty cash fund. 621.2 POLICY
The City will establish, administer, and maintain a petty cash fund according to this policy. 621.2.1 DEFINITIONS
Definitions related to this policy include:

Custodian - The individual designated by the City Manager, or the authorized designee, as having custody of and responsibility for maintaining the petty cash fund.

Petty cash fund - A reserve of money established to make small purchases when payment by purchase order or voucher is not practical.

Petty Cash Management - 205

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Policy
Conflict of Interest
a.

1. 2.
622.1 PURPOSE AND SCOPE
The purpose of this policy is to assist employees in recognizing and avoiding potential conflicts of interest, thereby ensuring effective and ethical operating practices on the part of the City. 622.1.1 DEFINITIONS
Definitions related to this policy include:

Business relationship - A situation when an employee serves as an employee, independent contractor, compensated consultant, owner, board member, shareholder, or investor in an outside business, company, partnership, corporation, venture, or other transaction where the employee's annual interest, compensation, investment, or obligation is greater than the current amount listed on FPPC guidelines.

This includes business relationships as defined by state law.

Conflict of interest - Any actual, perceived, or potential conflict of interest in which it reasonably appears that an employee's action, inaction, or decisions are or may be influenced by an employee's personal or business relationship. This includes conflicts defined and prohibited by state law. 622.2 POLICY
Employees of the City are expected to conduct themselves with the utmost professional integrity and objectivity. Employees will guard against actual or perceived conflicts of interest to ensure the fair and equitable treatment of city employees and the public, and thereby maintain the trust of the public and city employees.
622.3 RESTRICTED DUTIES AND ASSIGNMENTS
The City prohibits the following types of personal or business relationships among employees:

Employees are prohibited from directly supervising, occupying a position in the line of supervision, or being directly supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship.

If circumstances require that such a supervisor/subordinate relationship exist temporarily, the supervisor should make every reasonable effort to defer matters pertaining to the involved employee to an uninvolved supervisor.

When personnel and circumstances permit, the City will attempt to make every reasonable effort to avoid placing such employees in supervisor/subordinate situations. The City, however, reserves the right to transfer or reassign any employee to another position within the same classification to avoid conflicts with any provision of this policy.

Conflict of Interest - 206

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Conflict of Interest
b.
c.

Employees are prohibited from 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.

Whenever possible, trainers should not be assigned to train relatives. Trainers are prohibited from entering or maintaining personal or business relationships with any employee they are assigned to train until such time as the training has been successfully completed and the employee is off probation.
622.3.1 EMPLOYEE RESPONSIBILITY
Employees shall follow all laws regarding actual or perceived conflicts of interest and should avoid situations that create the appearance of an actual or perceived conflict of interest. Employees should take reasonable steps to address a perception of a conflict of interest when such a perception is reasonably foreseeable and avoidable (e.g., deferring a decision to an uninvolved employee).

Whenever any employee is placed in circumstances that would require the employee to take enforcement action or to provide official information or services to any relative or individual with whom the employee is involved in a personal or business relationship, that employee shall promptly notify an uninvolved immediate supervisor.

In the event that no uninvolved supervisor is immediately available, the employee shall promptly notify the City Manager to have another uninvolved employee either relieve the involved employee or, minimally, remain present to witness the action.
622.3.2 SUPERVISOR RESPONSIBILITY
Upon being notified of or otherwise becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor should take all reasonable steps to promptly mitigate or avoid such violations whenever possible.

Supervisors should also promptly notify the City Manager of such actual or potential violations.

Conflict of Interest - 207

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Policy
Fitness and Wellness
a.
b.
c.
d.
e.
f.
623.1 PURPOSE AND SCOPE
The purpose of the Fitness and Wellness Program is to encourage, motivate, and challenge employees to take an active interest in their physical performance capability and to promote general employee health and well-being.
623.2 POLICY
The City has established a voluntary fitness and wellness program that is available to all city employees. 623.3 FITNESS AND WELLNESS COORDINATOR
The City Manager or the authorized designee should appoint a fitness and wellness coordinator. The fitness and wellness coordinator should be responsible for:

Establishing program components.

Administering the program.

Managing the delivery of education and services.

Communicating fitness and wellness opportunities to employees.

Maintaining records of program successes and participation rates. Names of participants should not be included.

Managing the program within the established budget.
623.4 TRAINING
Training documentation related to the fitness and wellness coordinator position should be maintained in the employee's training file.

Fitness and Wellness - 208

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Policy
Personal Firearms
624.1 PURPOSE AND SCOPE
The purpose of this policy is to promote the safety of all employees by providing guidance on the possession of firearms in the workplace.

This policy does not apply to duty firearms authorized by the City for use by employees while performing official duties.
624.2 POLICY
The City will make reasonable efforts to reduce risk to employees and the public by placing limitations on firearms being brought onto city property, or carried by employees during work hours or while representing the City in any capacity.
624.3 PROHIBITIONS
Employees are prohibited from possessing a firearm while on or in city property or vehicles, during work hours, and while representing the City in any capacity except as provided in this policy and consistent with state law.
624.4 FIREARMS IN VEHICLES
Employees are prohibited from keeping a firearm in the employee's personal vehicle parked on city property except as expressly permitted by state law.

If state law permits an employee to keep a firearm in the employee's personal vehicle parked on city property, the firearm shall be safely secured consistent with the requirements of state law.

Personal Firearms - 209

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Policy
Personnel Investigations
625.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation, and disposition of complaints regarding the conduct of employees of the City. This policy shall not apply to any questioning, counseling, instruction, informal verbal admonishment, or other routine or unplanned contact of an employee in the normal course of employment, by a supervisor or any other employee.
625.2 POLICY
The City takes seriously all complaints regarding the service provided by the City and the conduct of its employees.

The City will accept and address all complaints of misconduct in accordance with this policy and applicable federal, state, and local law, and municipal and/or county rules, and the requirements of any applicable employment agreements.

It is also the policy of the City to ensure that the community can report misconduct without concern for reprisal or retaliation.
625.3 PERSONNEL COMPLAINTS
Personnel complaints include any allegation of misconduct or improper job performance that, if true, would constitute a violation of city policy or federal, state, or local law or rule. Personnel complaints may be generated internally or by the public.

Inquiries about conduct or performance that, if true, would not violate city policy or federal, state, or local law, or rule may be handled informally by a supervisor and shall not be considered a personnel complaint.

Such inquiries generally include clarification regarding policy, procedures, or questions regarding specific interactions with the public.
625.3.1 COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified into one of the following categories:

Informal - A matter in which the Department Head or the City Manager is satisfied that appropriate action has been taken by a supervisor of the employee.

Formal - A matter in which a supervisor determines that further action is warranted. Such complaints may be investigated by the Department of Human Resources or referred to the Department Head or the City Manager, depending on the seriousness and complexity of the investigation.

Incomplete - A matter in which the complaining party either refuses to cooperate or becomes unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or the Department of Personnel Investigations - 210

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Personnel Investigations
a.
b.
c.
d.
e.

Human Resources, such matters may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. 625.3.2 SOURCES OF COMPLAINTS
The following applies to the source of complaints:

Individuals from the public may make complaints in any form, including in writing, by email, in person, or by telephone.

Any city employee becoming aware of alleged misconduct shall immediately notify a supervisor.

Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging misconduct that, if true, could result in disciplinary action.

Anonymous and third-party complaints should be accepted and investigated to the extent that sufficient information is provided.

Tort claims and lawsuits may generate a personnel complaint. 625.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
625.4.1 ACCEPTANCE
All complaints will be courteously accepted by any city employee and promptly given to the appropriate supervisor. Although written complaints are preferred, a complaint may also be filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If a supervisor is not immediately available to take an oral complaint, the receiving employee shall obtain contact information sufficient for the supervisor to contact the complainant. The supervisor, upon contact with the complainant, shall complete and submit a complaint form as appropriate.

Although not required, complainants should be encouraged to file complaints in person so that proper identification, signatures, photographs, or physical evidence may be obtained as necessary. 625.5 DOCUMENTATION
Supervisors shall ensure that all formal and informal complaints are documented on a complaint form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible.

Each department should establish procedures to ensure that all complaints and inquiries are documented (either electronically or on a written log) to record and track complaints. The documentation shall include the nature of the complaint and the actions taken to address the complaint. On an annual basis, the Department Head should audit the log and send an audit report to the City Manager or the authorized designee.
625.6 ADMINISTRATIVE INVESTIGATIONS
Allegations of misconduct will be administratively investigated as follows. 625.6.1 SUPERVISOR RESPONSIBILITIES
Personnel Investigations - 211

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Personnel Investigations
a.

1. 2.
b.
c.

1. 2.
d.
e.
f.
g.

1. 2.
h.
i.

In general, the primary responsibility for the investigation of a personnel complaint shall rest with the employee's immediate supervisor, unless the supervisor is the complainant, or the supervisor is the ultimate decision-maker regarding disciplinary action or has any personal involvement regarding the alleged misconduct. The Department Head should consult with the Department of Human Resources and the City Manager, as appropriate, to determine whether a claim should be investigated by another supervisor, the Department of Human Resources, or by an outside investigator.

A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation.

The responsibilities of supervisors include but are not limited to:

Ensuring that upon receiving or initiating any formal complaint, a complaint form is completed.

The original complaint form will be directed to the accused employee's immediate supervisor, who will take appropriate action and/or determine who will have responsibility for the investigation.

In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the Department Head or the City Manager, who will initiate appropriate action.

Responding to all complainants in a courteous and professional manner.

Resolving those personnel complaints that can be resolved immediately.

Follow-up contact with the complainant should be made within one business day of the City receiving the complaint.

If the matter is resolved and no further action is required, the supervisor will note the resolution on the complaint form and forward the form to the Department Head.

Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature, the Department Head and the City Manager are notified as soon as practicable.

Promptly contacting the Department Head and the Department of Human Resources for direction regarding the supervisor's role in addressing a complaint that relates to harassment or discrimination.

Forwarding unresolved personnel complaints to the Department Head, who will determine whether to contact the complainant or assign the complaint for investigation.

Investigating a complaint as follows:

Making reasonable efforts to obtain names, addresses, email addresses, and telephone numbers of witnesses.

When appropriate, ensuring immediate medical attention is provided.

Ensuring that the procedural rights of the accused employee are followed.

Ensuring interviews of the complainant are generally conducted during reasonable hours. 625.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES
The following procedures should be followed with regard to any accused employee subject to investigation by the city:

Personnel Investigations - 212

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Personnel Investigations
a.
b.
c.
d.
e.
f.
g.

1. 2.
h.
i.
j.
k.

Interviews of an accused employee should be conducted during reasonable hours and preferably when the employee is working. If the employee is off work, they shall be compensated as appropriate.

Unless waived by the employee, interviews of an accused employee should be at the City or other reasonable and appropriate place.

No more than two interviewers should ask questions of an accused employee.

Before any interview, an employee should be informed of the nature of the investigation.

All interviews should be for a reasonable period, and the employee's personal needs should be accommodated.

No employee should be subjected to offensive or threatening language, nor shall any promises, rewards, or other inducements be used to obtain answers.

Any employee refusing to answer questions directly related to the investigation may be ordered to answer questions administratively and may be subject to discipline for failing to do so.

An employee should be given an order to answer questions in an administrative investigation that might incriminate the employee in a criminal matter only after the employee has been given a proper advisement. Administrative investigators should consider the impact that compelling a statement from the employee may have on any related criminal investigation and should take reasonable steps to avoid creating any foreseeable conflicts between the two related investigations. This may include conferring with the person in charge of the criminal investigation (e.g., discussion of processes, timing, implications).

No information or evidence administratively coerced from an employee may be provided to anyone involved in conducting the criminal investigation or to any prosecutor.

The interviewer should record all interviews of employees and witnesses. The employee may also record the interview. If the employee has been previously interviewed, a copy of that recorded interview should be provided to the employee prior to any subsequent interview.

All employees subjected to interviews that could result in discipline have the right to have an uninvolved representative present during the interview. However, to maintain the integrity of each individual's statement, involved employees shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed.

All employees shall provide complete and truthful responses to questions posed during interviews.

No employee may be compelled to submit to a polygraph examination, nor shall any refusal to submit to such examination be mentioned in any investigation. 625.6.3 ADMINISTRATIVE INVESTIGATION FORMAT
Formal investigations of personnel complaints shall be thorough, complete, and essentially follow this format:

Introduction - Include the identity of the employees, the identity of the assigned investigators, the initial date, and source of the complaint.

Synopsis - Provide a brief summary of the facts giving rise to the investigation.

Personnel Investigations - 213

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Personnel Investigations
Summary - List the allegations separately, including applicable policy sections, with a summary of the evidence relevant to each allegation. A separate recommended finding should be provided for each allegation.

Evidence - Each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of employee and witness statements.

Conclusion - A recommendation regarding further action or disposition should be provided.

Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report.
625.6.4 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:

Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve city employees. Complaints that are determined to be frivolous will fall within the classification of unfounded.

Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful, and/or proper.

Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the employee.

Sustained - When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct.

If an investigation discloses misconduct or improper job performance that was not alleged in the original complaint, the supervisor shall take appropriate action with regard to any additional allegations. 625.6.5 COMPLETION OF INVESTIGATIONS
Every supervisor or investigator assigned to investigate a personnel complaint or other alleged misconduct shall proceed with due diligence in an effort to complete the investigation within a reasonable period from the date of discovery by an individual authorized to initiate an investigation. 625.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS
The employee conducting the investigation should provide the complainant with periodic updates on the status of the investigation, as appropriate. If an outside investigator has been retained to conduct the investigation, a representative from the Department of Human Resources should facilitate the updates. 625.7 ADMINISTRATIVE SEARCHES
Assigned lockers, storage spaces, and other areas, including desks, offices, and vehicles, may be searched as part of an administrative investigation upon a reasonable suspicion of misconduct.

Personnel Investigations - 214

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Personnel Investigations
a.
b.
c.

Such areas may also be searched any time by a supervisor for non-investigative purposes, such as obtaining a needed report, radio, or other document or equipment. 625.8 ADMINISTRATIVE LEAVE
When a complaint of misconduct is of a serious nature, or when circumstances indicate that allowing the accused to continue to work would adversely affect the mission of the City, the City Manager, the Department Head, or the authorized designee may temporarily assign an accused employee to administrative leave after consultation with the Department of Human Resources. Any employee placed on administrative leave:

May be required to relinquish any city badge, identification, and any other city equipment.

Shall be required to continue to comply with all policies and lawful orders of a supervisor.

May be temporarily reassigned to a different position, during the investigation. The employee may be required to remain available for contact at all times during work hours and will report as ordered. 625.9 CRIMINAL INVESTIGATION
Where an employee is accused of potential criminal conduct, the Department Head may refer the matter to the appropriate authority.

The City Manager shall be notified as soon as practicable when an employee is accused of criminal conduct.
625.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES
Upon completion of a formal investigation, the investigation report should be forwarded to the City Manager through the supervisory chain of command, as appropriate. The City Manager may accept or modify any classification or recommendation for disciplinary action. 625.10.1 DISCIPLINARY RECOMMENDATIONS
The employee conducting the investigation should forward the investigation report to the appropriate position tasked with recommending discipline (e.g., Department Head, Department of Human Resources representative, mid-level supervisor), who shall review the entire investigative file, the employee's personnel file, and any other relevant materials and make recommendations regarding the disposition of any allegations and the amount of discipline, if any, to be imposed.

Before forwarding recommendations to the City Manager, the employee making the recommendation may return the entire investigation to the assigned investigator for further investigation or action.

If an outside investigator has been retained to conduct the investigation, a representative from the Department of Human Resources should facilitate the receipt and forwarding of the investigation report to the appropriate position for a disciplinary recommendation. 625.10.2 RESPONSIBILITIES OF CITY MANAGER
Personnel Investigations - 215

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Personnel Investigations
a.
b.

1. 2.
a.
b.
c.
d.

Upon receipt of any written recommendation for disciplinary action, the City Manager shall review the recommendation and all accompanying materials. The City Manager may modify any recommendation and /or may return the file to the investigator for further investigation or action.

Once the City Manager is satisfied that no further investigation or action is required by staff, the Director of Human Resources/Risk Management shall determine the amount of discipline, if any, that should be imposed. City Manager has final decision on whether discipline should be adjusted. If disciplinary action is proposed, the City Manager shall provide the employee with a written notice with clear statement of the reasons for proposed discipline and the following:

Access to all materials considered by the City Manager in recommending the proposed discipline.

An opportunity to respond orally or in writing to the City Manager within five business days of receiving the notice.

Upon a showing of good cause by the employee, the City Manager may grant a reasonable extension of time for the employee to respond.

If the employee elects to respond orally, the presentation shall be recorded by the City. Upon request, the employee shall be provided with a copy of the recording.

Once the employee has completed their response, or if the employee has elected to waive any such response, the City Manager shall consider all information received regarding the recommended discipline.

The City Manager shall render a timely written decision to the employee and specify the grounds and reasons for discipline and the effective date of the discipline. Once the City Manager has issued a written decision, the discipline shall become effective.
625.10.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT The City Manager should ensure that the complainant is notified of the disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint consistent with any applicable state laws. 625.11 PRE-DISCIPLINE EMPLOYEE RESPONSE
The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the City Manager after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following:

The response is not intended to be an adversarial or formal hearing.

Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses.

The employee may suggest that further investigation could be conducted, or the employee may offer any additional information or mitigating factors for the City Manager to consider.

If the City Manager elects to conduct further investigation, the employee shall be provided with the results prior to the imposition of any discipline.

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e. The employee may thereafter have the opportunity to further respond orally or in writing to the City Manager on the limited issues of information raised in any subsequent materials. 625.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE
If an employee tenders a written resignation or notice of retirement before the imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by itself shall not serve as grounds for the termination of any pending investigation or discipline. 625.13 POST-DISCIPLINE APPEAL RIGHTS
Non-probationary employees have the right to appeal a suspension without pay, punitive transfer, demotion, reduction in pay or step, or termination from employment. The employee has the right to appeal using the procedures established by any applicable employment agreements and/or other city personnel rules.
625.14 PROBATIONARY EMPLOYEES
At-will and probationary employees may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy, and without notice or cause at any time. These individuals are not entitled to any rights under this policy. However, any of these individuals released for misconduct should be afforded an opportunity solely to clear their names through a liberty interest hearing, which shall be limited to a single appearance before the City Manager, Department Head, or the authorized designee.

In cases where an individual on probation has been absent for more than a week or when additional time to review the individual is considered to be appropriate, the probationary period may be extended at the discretion of the Department Head.
625.15 FRINGE BENEFITS
If the discipline issued is dismissal, the employee shall be provided written notice as to the status of their fringe and retirement benefits after dismissal.
625.16 RETENTION OF PERSONNEL INVESTIGATION FILES
All personnel complaints shall be maintained in accordance with the established records retention schedule and as described in the Personnel Records Policy.

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Policy
Patient Protection and Affordable Care Act
626.1 PURPOSE AND SCOPE
The City of South El Monte (City") is considered a "large employer" for the purposes of the Shared Responsibility Provisions (Section 4980H to Title 26 of the United States Code, the Internal Revenue Code) of the Patient Protection and Affordable Care Act ("ACA").

The Internal Revenue Service will assess a penalty on the City if (1) it fails to offer "substantially all" of its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage or offers coverage to "substantially all" of its full-time employees (and their dependents) that is either "unaffordable" or does not provide "minimum value" and (2) any full-time employee receives a subsidy for coverage through the exchange ("Penalty").

This Compliance and Implementation Plan ("Plan") establishes the "Look Back Measurement Method Safe Harbor" ("Look Back Safe Harbor") under ACA. The City establishes this Look Back Safe Harbor for the purposes of identifying "full-time" employees for the potential Penalty calculation and determination.

With regard to unrepresented employees only, this Plan will be used to determine eligibility for an offer of coverage effective January 1, 2015 (using the November 2, 2013 to November 1, 2014 standard measurement period) and continuing for each year thereafter. For all represented employees, qualification for health coverage shall continue to be governed by the terms of any applicable Memorandum of Understanding. For all other employees, qualification for health coverage, if any, shall continue to be governed by the terms of any applicable Resolution or contract.

This Plan also establishes the Affordability Safe Harbors to determine affordability for the potential Penalty calculation and determination.

Look Back Measurement Method Safe Harbor
Ongoing Employees: The City establishes the Look-Back Safe Harbor with regard to all ongoing employees as follows:

Standard Measurement Period: November 2 through November 1 (starting November 2, 2013 and continuing each year thereafter)
Administrative period: November 2 through December 31 (starting November 2, 2014 and continuing each year thereafter)
Stability period: January 1 through December 31 (starting January 1, 2015 and continuing each year thereafter)
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626.2 POLICY: LOOK BACK MEASUREMENT METHOD SAFE HARBOR
Ongoing Employees: The City establishes the Look-Back Safe Harbor with regard to all ongoing employees as follows:

Standard Measurement Period: November 2 through November 1 (starting November 2, 2013 and continuing each year thereafter)
Administrative period: November 2 through December 31 (starting November 2, 2014 and continuing each year thereafter)
Stability period: January 1 through December 31 (starting January 1, 2015 and continuing each year thereafter)
If an ongoing employee's employment status changes (from full time to Jess than. full time or vice versa) before the end of a Stability Period, the change in status will not affect the classification of that employee's status for the remaining portion of the Stability Period.

New Full Time Employees: On the start date of a new employee, the City will determine whether the employee is reasonably expected to be a full-time employee (i.e. the employee is expected to average at least thirty (30) Hours of Service per week over the initial measurement period). If the employee is reasonably. expected to be a full-time employee, and not a seasonal employee (i.e., employed for a definitive, limited duration), the employee will be considered full-time for purposes of the Penalty calculation and determination. Effective January 1, 2015, the City will offer health coverage to an unrepresented employee who is reasonably expected to be a full-time employee within 60 days of that employee's start date. Represented employees will be offered coverage, if any, as set forth in their applicable memoranda of understanding.

New Variable Hour Employees: If on the start date of a new employee, based on individual facts and circumstances, the City is unable to determine that the employee is reasonably expected to be employed an average of at least thirty (30) hours per week over the initial measurement period, then the employee is considered a variable hour employee.

The City establishes the following periods for new variable hour employees:

Initial Measurement Period:

Twelve months (beginning on the first day of the month following the start date, unless the start date is the first day of the calendar month in which case the period will start on that date).

Administrative period:

One month following the initial measurement period.

Stability period:

Twelve months following the end of the administrative period unless the new variable hour employee does not measure as a full-time employee during the initial measurement period, then the stability period associated with the initial measurement period must not exceed the remainder of the standard measurement period (plus any associated administrative period).

New Variable Hour or Seasonal Employee's Change in Status During Initial Measurement Period: If a new variable hour or seasonal employee's position changes during the Initial Measurement Period, and had the employee started his or her employment in that new position, the City would Patient Protection and Affordable Care Act - 219

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have reasonably expected that new employee to average at least 30 service Hours of Service per week, then for purposes of determining any Penalty only, an employee will be considered a full-time employee on the earlier of (1) the first day of the fourth month following the change in employment status, or (2) the first day of the first month following the end of that employee's Initial Measurement Period(including any associated Administrative Period) if the employee averaged more than 30 Hours of Service per week during the Initial Measurement Period or earlier if required by law, an applicable Memorandum of Understanding, or policy or procedure.

Transitioning from New to Ongoing Employee: The City will measure the hours of a new variable hour employee during the first complete standard measurement period for which he/she is employed. This means that a new variable hour employee's status may be tested both under an initial measurement period and at the same time be measured under the overlapping standard measurement period.

If an employee measures as full-time during the initial measurement period, he/she will retain full-time status for the entire associated stability period (even if the employee does not qualify as full-time during the standard measurement period).

If an employee does not measure as full-time during the initial measurement period, but qualifies as full-time during the standard measurement period, the employee must be treated as full-time during the stability period associated with the standard measurement period (even if that means coverage must be offered before the end of the stability period associated with the initial measurement period).

Hours of Service Calculation: "Hours of Service" means each hour for which an employee is paid, or entitled to payment by the City for a period of time during which no duties are performed due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence. The City will calculate actual Hours of Service and hours for which payment is due for hourly employees. For non-hourly employees, the City will apply one of three methods on a reasonable and consistent basis:
calculate actual Hours of Service and hours for which payment is made or due; calculate Hours of Service using a days-worked equivalency (8 hours per day for each day employee is credited with an Hour of Service); or
calculate Hours of Service using a weeks-worked equivalency (40 hours per week for each week employee is credited with an Hour of Service).

Hours Based On Payroll Periods: The City may calculate hours based on payroll periods. It has two options for doing so. The City may exclude the entire payroll period that contains November 2 (the first day of the Standard Measurement Period), as long as it includes the entire payroll period that contains November 1 (the last day of the Standard Measurement Period). Alternatively, the City may exclude the entire payroll period that contains November 1 (the last day of the Standard Measurement Period), as long as it includes the entire payroll period that contains November 2 (the first day of the Standard Measurement Period).

Breaks In Service: When an employee experiences a break in service the employee will retain the status the employee had previously with respect to any stability period, except that an employee will be treated as a new employee:

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Patient Protection and Affordable Care Act

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1. if the employee resumes employment after a period of at least 13 consecutive weeks with less than an Hour of Service; or
if the employee's period of no service (measured in weeks) is at least four consecutive weeks long and exceeds the number of weeks of that employee's period of employment immediately preceding the period of no service.

Special Unpaid Leave: Special Unpaid Leave is defined only as unpaid leave under the Family and Medical Leave Act of 1993, unpaid leave under the Uniformed Services Employment and Reemployment Rights Act of 1994, or unpaid leave on account of jury duty. When an employee takes Special Unpaid Leave, the City will determine the weekly average of Hours of Service by the employee for that portion of the measurement period that is not part of the Special Unpaid Leave ("Average Weekly Hours of Service"). The City will then determine the average Hours of Service for the entire measurement period using one of the following two methods:
exclude the period of Special Unpaid Leave and apply the Average Weekly Hours of Service over the entire measurement period; or
credit the Average Weekly Hours of Service to the period of Special Unpaid Leave. 626.3 AFFORDABILITY SAFE HARBORS
The City intends to apply the Rate of Pay Safe Harbor to determine the affordability of the minimum essential coverage that it offers its full-time employees. The City in its sole discretion may also apply the Form W-2 Safe Harbor or Federal Poverty Line Safe Harbor. These affordability safe harbors will be applied on a uniform and consistent basis for all employees in a reasonable category.

Rate of Pay Safe Harbor
The City measures whether the employee's required premium contribution for the calendar month to the lowest cost self-only coverage that provides minimum value exceeds 9.5 percent of the monthly wage.

For hourly employees, the monthly wage is equal to 130 hours multiplied by the employee's hourly rate of pay as of the first day of the coverage period.

For salaried employees, the monthly wage is the monthly salary as of the first day of the coverage period.

The City may not apply this safe harbor if it reduced the monthly wages of employees (hourly or salaried) during the calendar year.

If rate of pay increases during the year, the City will use the lowest rate of pay for the year in the calculation.

The coverage offered by the City will be deemed affordable if the employee's monthly premium contribution is equal to or less than 9.5 percent of the monthly wage.

Form W-2 Safe Harbor
The City measures whether the employee's required premium contribution for the full calendar year for the lowest cost self-only coverage that provides minimum value exceeds

9.5 percent of the Form W-2 wages (as reported in Box 1) for the employee for the calendar year in which coverage is offered.

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1. 2.

The coverage offered by the City will be deemed affordable if the employee's annual premium contribution is equal to or less than 9.5% of the employee's Form W-2 wages as reported in Box 1.

Federal Poverty Line Safe Harbor
The City measures whether the employee's required premium contribution for the calendar month for the lowest cost self-only coverage that provides minimum value exceeds 9.5 percent of an amount determined by dividing the Federal Poverty Line ("FPL") for a single individual for the applicable calendar year by twelve.

The coverage offered by the City will be deemed affordable if the employee's monthly premium contribution is equal to or less than 9.5 percent of the monthly FPL for a single individual for the applicable calendar year.

The City Manager, including his/her designee(s), may amend this Plan at his or her discretion.

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Policy
Social Media
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627.1 PURPOSE AND SCOPE
This Social Media Policy establishes guidelines for the use of social media sites as a means of conveying information to and communicating with members of the public for the City of South El Monte.

The intended purpose of City social media sites is to disseminate information from the City about the City's mission, services, meetings, and current issues to members of the public.

The City of South El Monte intends for its use of any social media site to relate solely to matters of City business and does not intend to create a general public forum.

The City has an overriding interest and expectation in protecting the integrity of the information posted on its social media sites and the content that is attributed to the City or its officials. 627.2 POLICY
The City of South El Monte's official website shall remain the primary means of communication with the public.

The City's social media sites shall be consistently branded to communicate a clear association with the City of South El Monte, shall include contact information, shall link to the official agency website (for in-depth information, forms, documents or other online information necessary to conduct business), and should link to other City social media sites.

The City Manager and/or his/her designee is responsible for the administration of the agency's social media sites.

Administration of the City's social media sites shall include, but is not limited to, regular monitoring of each site, as well as reviewing and approving all content. The City of South El Monte reserves the right to refrain from posting or to remove any content that is not consistent with this policy or that it is in violation of applicable law(s).

The City of South El Monte shall maintain a list of all social media sites that operate or operated pursuant to this policy.

The City Manager and/or his/her designee must maintain accurate City information on social media sites by frequently reviewing and updating each social media site as necessary and appropriate.

Only employees authorized in writing by the City Manager may establish and moderate City social media sites.

City of South El Monte social media sites shall be established using exclusively City email addresses. No e-mail addresses that are not City addresses may be used in the creation or operation of, or in association with, City social media sites.

Only employees who are authorized by the City Manager may post on social media sites on behalf of the City of South El Monte. Employees representing the City on social media sites shall conduct themselves at all times as a professional representative of the City and shall comply with all policies.

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Social Media
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5. When a City employee, who has been authorized to post on behalf of the City, posts on a social media site, the employee's full name, title, and City contact information should be made available.

The employee shall not share personal information about himself or herself, or any other City employee.

City social media passwords shall not be shared with anyone not authorized.

The City reserves the right to terminate social media sites at any time without notice.

The City reserves the right to change, modify, or otherwise amend all or part of this Policy at any time.

Any City employee who violates this Policy shall be denied access to all City social media sites and may be subject to appropriate disciplinary action.

City social media sites shall be managed consistent with the Brown Act, the Political Reform Act, and the California Election Code. Members of the City Council and appointed Commissioners shall not respond to any published postings, or use any social media site or any form of electronic communication to respond to, blog or engage in serial meetings, or otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the body, or for any political purpose.

City social media sites are subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure.
627.3 CONTENT
The intended purpose of the City's social media sites is to provide an efficient and alternative means of communication between the City and the community at large. City social media sites are not general public forums, but are intended to be limited solely to matters of City business.

City social media sites and their associated content should focus on significant interest areas.

Announcements and other City-generated content should be objective and descriptive, use a polite and professional tone, contain only information that is freely available to the public and that is not made confidential by any policy of the City, or by local, state or federal law, and comply with all local, state and federal rules, regulations and policies.

City social media content, including comments, pictures, or other material containing any of the following are hereby determined to be detrimental to the purpose of the City's social media sites and shall not be allowed and are subject to removal:

Content that does not pertain to City business;
Profane, obscene, violent, or pornographic content and/or language; Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability, sexual orientation, or any other basis protected by federal, state, or local law;
Defamatory or personal attacks;
Threats of physical violence or any other harmful act directed to any person, or persons, group, or organization;
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Social Media

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Sexual content or links to sexual content;
Solicitations of commerce not related to City business, including but not limited to, advertising of a business or product for sale;
Conduct or encouragement of illegal activity;
Content not related to the subject being discussed, including random or unintelligible comments;
Content in support of, or in opposition to, any political campaigns or ballot measures; Personnel matters;
Information that may tend to compromise the safety or security of the public or public systems;
Encouragement of illegal activity;
Content that violates a legal ownership interest of any other party;and Content that is in violation of any federal, state, or local law.

Content appearing on City social media sites that contains any content listed above under section 3. c or that is in violation of other applicable law(s) shall be immediately removed by the designated moderator. Any content removed based on these guidelines must be retained, including the time, date and identity of the poster when available, in accordance with the City's policy on the retention of such information.

Content generated by members of the public (such as Facebook comments), whether favorable or unfavorable to the City, should be allowed to remain provided it is relevant to the conversation topic and is not in violation of the section above. Members of the public shall be informed by posting to the City's social media sites that the City disclaims any and all responsibility and liability for any content in violation of section 3.c or which the City otherwise deems inappropriate for posting, which cannot be removed in an expeditious and otherwise timely manner.

Any content posted by a member of the public on the City's social media site is the opinion of the commenter or poster only.

Publication of content does not imply endorsement of, or agreement by, the City, nor does such content necessarily reflect the opinions or policies of the City of South El Monte.

The City reserves the right to deny access to City social media sites for any individual who violates this Policy, at any time and without prior notice.

Any content posted on a social media site may also be subject to site-specific rules or policies. The City reserves the right to report any such violations of a site's rules or policies with the intent of the social media site taking appropriate and reasonable action.

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Policy
Criminal Background Check
628.1 PURPOSE AND SCOPE
To ensure that the interests of the City of South El Monte ("City"), its employees, volunteers, and members of the public are protected and to help minimize potential liability. 628.1.1 DEFINITIONS
Candidate - An individual who files an employment or volunteer application for a posted vacancy, has gone through a recruitment and selection process, and has been selected for the vacancy. "Candidate" includes existing employees seeking appointment, promotion, or transfer to different positions.

Criminal History Statement - The criminal history statement is the document or documents relating to criminal records provided to the City by a third-party vendor or any other agency. Criminal background information will be obtained through a third-party vendor, and may include information compiled from the California Department of Justice, the FBI National Crime Information Center, and other sources deemed appropriate by the City Manager or Human Resources designee.

Except as otherwise required by law, criminal history statements shall not include records of arrests that did not lead to convictions, convictions that have been expunged, judicially sealed or dismissed, or any information pertaining to diversion programs. Additionally, the criminal history statement will not include information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law.

Employee - An individual who is currently employed by the City. Except as designated in writing by the City Manager or Human Resources designee, employees include all temporary employees, including employees provided by temporary staffing agencies.

Sensitive Positions - Sensitive positions are designated by the City's City Manager or Human Resources designee as requiring heightened scrutiny of individuals holding the position, based on potential for physical, financial or other harm to the City, its employees and volunteers, its resources, systems, operations, and/or property, and members of the public.

Sensitive positions may include, but are not limited to, those with:
• Responsibility for the care, safety and security of adults or property; • Responsibility for or the care, supervision, safety, and security of minors, including responsibility for disciplinary power;
• Access, control or handling of cash, checks, credit cards, credit card account information, bank accounts and financial information;
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Examples of sensitive positions include: all child care-related positions, including coaching, summer camp, or youth program positions; positions with significant responsibility over financial operations; positions that provide access to controlled substances or dangerous chemicals; and, employees with access to sensitive personnel information. When a particular job position is designated as a "sensitive position," this will be stated on the job description. A complete list of sensitive positions is in Appendix A.

Volunteer - Anyone who has been approved to work for the City without compensation, pursuant to an established volunteer program.
628.1.2 APPLICABILITY
Except as otherwise stated in this policy, a criminal background check shall be conducted on successful candidates for all sensitive positions, all employees who are appointed, promoted, or transferred to sensitive positions or who acquire job duties that are within the scope of a sensitive position, and all volunteers performing duties considered comparable to those of sensitive positions.

Hiring, appointment, transfer or promotion to sensitive positions shall be contingent on successful completion of a criminal background check. The criminal background check process shall be completed prior to the commencement of such hiring, appointment, transfer, promotion, or volunteer service.

Unless otherwise required by law, criminal background checks will only be conducted after the appointing authority has determined that the employee, candidate, or volunteer has met all other criteria for the employment or volunteer position.
628.2 POLICY
• Authority to commit financial resources of the Agency or enter into financial transactions or obligations on behalf of the Agency;
• Access to, control or handling of confidential personnel information and/or personally identifiable information about officials, employees, volunteers, or members of the public, which might enable identity theft (such as personal contact information, birthdates, social security numbers, direct deposit information and driver's license numbers); • Access to controlled substances, and firearms or other weapons; • Possession of building master or sub-master keys or access cards for access to any Agency facility or property, or regular access to such keys or access cards; or • Any position for which the City is legally required to obtain criminal background information.

This includes, but is not limited to positions for which an employee is required to use a firearm, certain positions that involve operation of City vehicles, positions at a residential care facility for the elderly, or any position for which the employer is prohibited by law from hiring any person with a criminal conviction.

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Criminal Background Check
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Consistent with state and federal law, criminal background checks will be conducted when job-related and consistent with business necessity. Pursuant to this standard, candidates for designated sensitive positions with the City will be subject to a criminal background check. All offers of employment, appointment, promotion or transfer to sensitive positions are contingent upon successful completion of the criminal background check.
628.3 PROCEDURES
The City Manager or Human Resources designee will provide the candidate, employee, or volunteer with all legally required disclosure and information and necessary forms to be completed for a criminal background check. Any form provided to the candidate, employee, or volunteer, shall indicate that a criminal background check will be performed, and shall indicate each agency or third• party vendor responsible for conducting the criminal background check. All documents associated with the criminal background check must be returned to the City Manager or Human Resources designee.

The criminal history statement is confidential, and may only be accessed by authorized personnel. 628.4 EMPLOYMENT/VOLUNTEER DECISIONS
The review of the criminal history statement will be conducted by the City Manager or Human Resources designee to determine whether a criminal conviction precludes employment or volunteer service in, or reassignment to, a sensitive position.

The determination as to whether adverse results from a criminal background check may preclude employment or volunteer service is based on a review of the job duties and the nature of the information contained within the criminal history statement. If the criminal background check findings are unrelated to the assigned job duties, then those findings may not preclude employment for volunteer service.

Upon disqualification, the City Manager or Human Resources designee will provide a summary of the results of the criminal background check to the candidate (including candidates for volunteer positions) or the employee. If the criminal history statement reveals potentially disqualifying information, candidates for sensitive positions will be given an opportunity to fully explain any such adverse information, as set forth below.

Each case will be reviewed on an individual basis taking into consideration the following criteria:

Seriousness of the crime;
Relationship between the job duties and the crime;
Age of the candidate or employee at the time of the conviction; Candidate's conduct, performance and rehabilitation efforts since the conviction; Length of time elapsed since the conviction; and
Past determinations in similar circumstances.

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The City will consider additional criteria when required by law to do so, as set forth more fully in the following section, below.
628.5 EXCLUSIONS
Except as otherwise required by law, the City shall neither seek nor utilize the following types of criminal history information in making any decision regarding employment or appointment to a volunteer position:

Records of an arrest or detention that did not lead to a conviction; Records of a conviction that has been expunged, judicially sealed, or dismissed; Records of pre-trial and post-trial diversion programs; Misdemeanor convictions for possession of marijuana, if the conviction is more than two years old and is based on a violation of any of the following statutes: Health & Safety Code sections 11357 (b), 11357(c), 11360, 11364, 11365, and 11550.

Records of any arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while under the jurisdiction or juvenile court law. This exclusion applies regardless of whether such records are sealed or unsealed.

Violation of this Section, including seeking or obtaining prohibited information from any source, or utilizing prohibited information in making an employment decision, is a misdemeanor. Furthermore, violation of this Section may result in disciplinary action, up to and including termination. 628.6 RESPONSIBILITY OF EMPLOYEE
Upon any conviction of a crime, other than a minor traffic violation or misdemeanor marijuana convictions described in Section 4(d) above, an employee or volunteer in a sensitive position or a candidate for hiring or appointment, promotion or transfer to a sensitive position is required to report the conviction immediately to the City Manager or Human Resources designee. Failure to do so may result in discipline, up to and including termination.

However, where required by law, certain employees and volunteers in sensitive positions are required to report both arrests, and lesser convictions.
628.7 REVIEW PROCESS
In the event that a criminal background check reveals adverse information, the candidate, employee, or volunteer will be given an opportunity to fully explain the adverse information to the City Manager or Human Resources designee prior to the implementation of any final employment decision.

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1. The individual will be provided the opportunity to demonstrate that the information contained within the criminal history statement is inaccurate, that there is an insufficient nexus between the nature of the criminal conviction and the job duties, and/or to provide additional information or a further explanation regarding the information contained in the criminal history statement. 628.8 RELATIONSHIP TO OTHER LAWS AND POLICIES
Where heightened criminal background checks are otherwise required by law, such criminal background checks will be conducted in addition to or in lieu of the procedures and requirements set forth in this policy. Nothing in this policy is intended to interfere, alter, or prohibit the City or any department from conducting such criminal background checks where they are required by law.

For example, the following types of positions may be subject to additional background check screening, including inquiry as to arrests that did not lead to convictions: positions with access to firearms; non-sworn employees of criminal justice agencies; and positions with access to medications or other controlled substance. This list is intended to be illustrative, and is not exhaustive.

If any provision contained in this policy is superseded, altered, held invalid or rendered unenforceable by state or federal law, or by a court of competent jurisdiction, the remainder of this Policy shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect. 628.9 CONFIDENTIALITY
Criminal history statements and any other criminal history information obtained by the City are confidential and shall not be disclosed, except to the City Manager or Human Resources designee.

Security.

Criminal history statements shall be stored separately from an employee's personnel file in a secured area accessible only to the City Manager or Human Resources designee.

Dissemination.

The City treats criminal history statements as confidential personnel records. Criminal history statements will not be disseminated to anyone other than the City Manager or Human Resources designee. Any inquiries or subpoenas for employment or personnel records, including criminal history statements, must be referred to the City Manager or Human Resources designee and the City Attorney. Criminal history statements shall be used only for the purpose for which it was requested by the City Manager or Human Resources designee.

Penalties.

Misuse of criminal history information may be a criminal offense. Furthermore, violation of this part may result in disciplinary action, up to and including termination.

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628.10 MONITORING OF THIS PROGRAM
The City Manager or Human Resources designee will monitor compliance with this policy and all other Department Heads shall assist the City Manager or Human Resources designee as needed.

This policy is adopted by the City of South El Monte and shall be effective March 1, 2019. 628.11 APPENDIX A
List of all designated sensitive positions
628.12 EMPLOYEE STATEMENT REGARDING THE USE OF CRIMINAL

JUSTICE INFORMATION
As an employee of the City of South El Monte, it may be necessary for you to have access to confidential criminal record information in making employment decisions. Access to such criminal record information is controlled by statute.

Misuse of such information may adversely affect the civil rights of prospective employees or volunteers, and violates both City policy and California law. Potential violations include, but are not limited to, Penal Code section 503, 11140-11144, and 13301-13305. Government Code Section 6200 prescribes the felony penalties for misuse of public records and California Law Enforcement Telecommunications Systems (CLETS) information. Penal Code Sections 11142 and 13303 state:

Any person authorized by law to receive a record or information obtained from a record who knowingly furnishes the record or information to a person not authorized by law to receive the record or information is guilty of a misdemeanor.
• City Council members
• City Manager
• Deputy City Manager
• Finance Director
• Community Development Director
• Public Works Director
• City Clerk
• All Human Resources Personnel (full-time & part-time) All Finance Personnel (full-time & part-time) • All Community Services Personnel (full-time & part-time employees, coaches, volunteers) • All Public Works Personnel (full-time & part-time employees) • All Community Development Personnel (full-time & part-time employees) Commissioners Criminal Background Check - 231

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Labor Code Sections 432.7 and 433 prescribe penalties for misuse of certain criminal record information in employment decisions.

Additionally, any misuse of any information contained within a criminal history statement, including inappropriate use of records in making employment decisions, or unauthorized disclosure of private information is in violation of the City's policy for conducting criminal background checks and securing received criminal history information.

Any employee who is responsible for such misuse of any criminal history statement may be subject to discipline up to and including immediate termination. Violations of this law may also result in criminal and /or civil action.

I HAVE READ AND UNDERSTAND THE ABOVE AND "THE CITY OF SOUTH EL MONTE POLICY FOR

CONDUCTING CRIMINAL BACKGROUND CHECKS AND SECURING RECEIVED CRIMINAL HISTORY INFORMATION." I AM AWARE OF THE STATUTES AND POLICIES PERTAINING TO THE MISUSE OF CRIMINAL RECORD INFORMATION.

Signature ____________________________________
Printed Name of Employee ____________________________________ Date ____________________
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Policy
Telecommuting and Flexible Work Schedule
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629.1 PURPOSE AND SCOPE
The purpose of this policy is to establish procedures for City Employees that request or are required to participate in a telecommuting program or flexible work schedule during a declared pandemic or emergency.

Also, due to the COVID-19 (coronavirus) outbreak, the City is implementing temporary telecommuting arrangements for employees whose job duties are conducive to working from home. While there are some positions that require employees to be physically present in the workplace, other positions may be able to work from home temporarily.
629.2 AUTHORITY
This policy has been approved by the Agency in matters regarding telecommuting and flexible work schedules during the course of Agency business.

This document is intended to be a "living document" that will evolve as the Center for Disease Control (CDC), the Department of Labor Occupational Safety & Health Administration (OSHA), and State and Local health officials release new information.
629.3 DEFINITIONS
Telecommuting - Telecommuting is defined as a work arrangement whereby selected City employees are allowed to perform the normal duties and responsibilities of their position, through the use of computers or other telecommunications, at home or another place apart from the employees' usual place of work during normal working hours. Telecommuting can be full-time or part-time and the employee may be expected to report to the official work site on a scheduled basis. 629.4 POLICY
Participation in telecommuting may be mutually agreed to by the employee and their department director. The employee's position must be identified as telecommuting capable. The City may, however, require an employee to telecommute in order to reduce the risk of spreading a virus at the worksite. This would be determined on a case by case basis as work site conditions and the health status of an employee warrants.

Employees shall generally work their regular schedule while telecommuting, unless an alternative arrangement is agreed upon, or required due to a declared pandemic or emergency.

Employees should generally continue to perform their regular job duties while working remotely.

However if telecommuting is required due to a declared pandemic or emergency, the type of work that occurs remotely may be different, and all specific job functions may not be able to be met through remote work. This is understood and some flexibility is expected. Some employees may have an opportunity to complete additional "rainy day" tasks, such as special projects, online Telecommuting and Flexible Work Schedule - 233

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Telecommuting and Flexible Work Schedule
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training, developing or updating manuals/policies/procedures, and other work that may compliment their ordinary daily tasks. Supervisors should take this opportunity to partner with employees in developing creative and productive work assignments.

The City of South El Monte shall identify job classes and positions considered appropriate for telecommuting. Requests will be considered on an individual basis to determine if the position description meets the requisite job functions and duties necessary to allow for telecommuting.

A Telecommuting Agreement or contract must be signed by the telecommuter, their department director and the City Manager prior to beginning the program.

Telecommuters may elect to cease their participation in the program at any time, unless, due to the declared pandemic or emergency, they are required to work in the program due to illness or other worksite separation needs. These will be determined by the employee's department director, with City Manager approval. The department director may cancel the agreement at any time and effective immediately when it is determined that continuation would not be productive, efficient or otherwise not in the best interest of the department.

Telecommuters will be compensated for all pay, leave, overtime and travel entitlement as if duties were being performed at the City work location. Overtime shall not be worked unless authorized in advance in writing by the department director.

Telecommuters are subject to the same rules and procedures as other employees and are covered by worker's compensation when performing official work duties at the alternate work site.

Employees authorized to telecommute from home are personally responsible for their home work locations and work related activities, including safe and ergonomic working conditions. Injury caused or contributed to unsafe working conditions, or non-work-related or negligent activities, in an employee's home will not be considered "work-related" for the purposes of worker's compensation.

Telecommuters shall verify in writing that their home provides work space that is free of safety and fire hazards and shall agree that the City of South El Monte will be held harmless against any and all claims, excluding worker's compensation claims that result from working at the home office.

No employee engaged in telecommuting will be allowed to conduct face-to-face business at their home.

The City of South El Monte is not required to provide equipment for telecommuting; however, the City may provide all or part of the equipment necessary for accomplishing work assignments, including the installation and maintenance of City-owned equipment at the home.

The City will not cover the cost of repair or maintenance of the telecommuter's personal equipment.

Equipment needs will be determined on a case by case basis as determined by the department's need and will require City Manager approval.

Equipment supplied by the organization is to be used for business purposes only. The telecommuter must sign an inventory of all City property received and agree to take appropriate action to protect the items from damage or theft.

The California Public Records Act regarding public information and public records apply to telecommuting employees. Public records include any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by the City regardless of physical form or characteristic. A telecommuting employee must permit inspection and examination of any public record or public information in the employee's custody, or any portion of a public Telecommuting and Flexible Work Schedule - 234

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Telecommuting and Flexible Work Schedule
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record, within required time limits. This requirement exists regardless of where the public record is located (e.g. personal computer or cell phone used for business).

Employees currently on a performance improvement plan are not eligible for telecommuting.

Exceptions may be made if warranted due to a declared pandemic or emergency crisis.

Should a shortage of work occur or other needs of the City exist, all City employees as disaster services workers may be called upon to perform services or tasks outside of their normal duties in order to help the City serve the public during this emergency. 629.5 SECURITY
Consistent with the organization's expectations of information security for employees working at the office, the telecommuting employee must apply approved safeguards to protect City equipment and supplies. All official City records, files and documents must be protected from unauthorized disclosure or damage and returned safely to the office. This includes taking all measures necessary to avoid cybersecurity threats, conducting regular password maintenance, and any other measures appropriate for the job and the environment.

Should you encounter a cybersecurity threat or are having issues with your City-issued laptop, iPad or Surface Pro, please contact AMC Solutions at (909) 592-0222, option 2 between the hours of 8:00 a.m. and 5:00 p.m., Monday -- Friday. You may also email them at [email protected]. 629.6 PROCEDURES
Employees interested in participating in the telecommuting program should contact their supervisor to discuss the feasibility of telecommuting. They must hold a telecommuting eligible position as identified by the City. If an employee does not hold an eligible position, he/she may make a request if they believe telecommuting may work for their specific circumstances. If the employee and the position are deemed suitable for telecommuting, an agreement or contract specifying the terms and conditions of telecommuting must be signed by the employee, the department director, and the City Manager.

The original of the Telecommuting Agreement must be sent to the Human Resources Division for inclusion in the employee's official personnel file. The employee and the supervisor should retain a copy.

At a minimum the employee must:
• Submit a request to telecommute and obtain approval from the department director and the City Manager by completing the Telecommuting Agreement and Request Form; • Meet the technical requirements and policies for remote access; and • Submit a Telecommuting Work Plan which includes at a minimum:
• Specific description of the duties to be performed
• Established workdays and normal work hours
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Telecommuting and Flexible Work Schedule
While working remotely, the employee must:

The City Manager may deny, end, or modify a telecommuting agreement for any reason 629.7 FLEXIBLE WORK SCHEDULE
Work schedules are determined by the service needs of the department/division and are managed accordingly. Once schedules are defined and communicated to employees, an employee who requests a deviation in that schedule must do so in writing to the department head for approval. The department head will determine an appropriate schedule for an employee to best fit the needs of the department.

The department head may require employees to change work schedules in order to reduce the risk of a pandemic virus spreading at the work site. The department head may develop alternative work schedules for one or more employees.
• Explanation as to how supervision will be provided
• Explanation as to how work products and outputs will be monitored and reviewed • Explanation as to how attendance and leave records will be maintained and processed • Any modifications to, or cancellation of, the telecommuting arrangement must be submitted in writing to Human Resources
• Be accessible during their work hours by remaining logged into Microsoft Teams or another communication vehicle, as agreed upon with their supervisor; • Check in with their supervisor each day to discuss work status and issues; • Be available for video/teleconferences, scheduled on an as-needed basis; • Be immediately available to physically report to work and/or attend scheduled work meetings as requested or required by the Department or their supervisor; • Obtain supervisor approval in advance of working any overtime hours (if employee is non-exempt); • Take one daily meal break (30-60 minutes) in compliance with City policies; • Obtain advanced approval to use vacation, sick, annual or other leave in the same manner as when working at the employee's regular work location; and • Use leave time for portions of the workday to tend to personal matters and seek approval from a supervisor or manager before doing so.

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