Prohibited Items: Alcohol and fireworks are not allowed in City Parks or Schools.
Area Safety Checks: Leaders should inspect play areas before, during, and after operating hours for hazards such as bottles, rocks, cans, and glass. Check that all equipment is functional and log safety checks.
Remember: Always use common sense. The safety of participants is the highest priority in parks and playgrounds.
CITY ORDINANCES
CITY OF SOUTH EL MONTE
PUBLIC PARKS
CITY ORDINANCES 12.12.010 -- 12.12.100
The City of South El Monte has established ordinances to govern its park facilities. It is the responsibility of all department staff to enforce these rules. Many park visitors may not be aware of these regulations, so staff should be prepared to explain them clearly and briefly when needed. When enforcing the rules, it’s important to use good judgment and avoid putting yourself in uncomfortable situations. Always aim to educate visitors respectfully, and remember that most issues can be resolved with a few simple explanations.
SECTIONS
12.12.010 Public Park defined.
12.12.020 Alcoholic beverages prohibited.
12.12.030 Animals prohibited.
12.12.040 Loitering prohibited.
12.12.050 Motorized vehicles prohibited.
12.12.060 Littering prohibited.
12.12.070 Golfing prohibited.
12.12.080 Bicycles prohibited.
12.12.090 Baseball at New Temple Park.
12.12.100 Skateboards and roller skates prohibited.
12.12.010 - Public Park defined. The term “public park” as used in this chapter means any property exclusive of enclosed buildings owned by the City of South El Monte, or under the control of the city by permission of the owner thereof, and used in whole or in part by the city for any type of recreational activity. (Prior code S3-31)
12.12.020 – Alcoholic beverages prohibited. No person shall possess or consume alcoholic beverages in or at any public park or playground, maintained, or under the control of the city or used by the city with the consent or authorization of the owner thereof. (Prior code S3-3-2)
12.12.030 – Animals prohibited. No person shall cause or permit any animal to enter, be in or remain at any public park. (Prior code S3-3-3)
12.12.040 – Loitering prohibited. No person shall be in or remain at any public park between the hours of 10:00 p.m. and 7:00 a.m. except during such times as a recreation activity conducted or with the permission of the city is being conducted thereon.
(Prior code S3-3-4)
12.12.050 – Motorized vehicles prohibited. No motorized vehicles of any kind shall be permitted to be in, driven or ridden within any public park. This section shall not preclude vehicles authorized by the city from using established routes within any public park for the purpose of delivering or picking up materials and equipment of the city such parks; nor preclude the use of mechanical equipment in the maintenance of any park grounds or park equipment. (Prior code S3-3-5)
12.12.060 – Littering prohibited. No person shall dispose of matter of any kind within any park except by placing such matter within receptacles provided for such purposes. (Prior code S3-3-6)
12.12.070 – Golfing prohibited. No person shall use, demonstrate, or play with any golf clubs or golf balls within any public park. (Prior code S3-3-8)
12.12.080 – Bicycles prohibited. No person shall ride any bicycle in any public park except in areas where signs are posted specifically authorizing said use. (Ord. 747 S1, 1985: Prior code S3-3-8)
12.12.090 – Baseball at New Temple Park.
A. It shall be unlawful in New temple Park, at 1450 Lidcombe Avenue, for any person, sixteen years of age or more, to play or practice baseball at the baseball field located north of the school buildings of New Temple School.
B. It shall be unlawful for any person to play or practice baseball at the baseball field described in subsection. A of this section at any time and date unless the person or representative shall have obtained a permit from the Director of Community Services of the City, or his or her designee, specifying that baseball may be played or practiced at that time and date.
C. No person may play or practice baseball at the field described in subsection A of this section unless supervised by a person eighteen years of age or older. (Prior code S5-21-47, 5-21-48, 5-21-49)
12.12.100 – Skateboards and roller skates prohibited. No person shall ride a skateboard or use roller skates in any public park except in areas where signs are posted specifically authorizing said use. Ord. 780-U S1, 1986: Prior code S3-3-9)
PARK & PLAYGROUND OPERATIONS
The Supervised Park Program at the park sites and Community Center is designed to provide fun and engaging recreational opportunities for community members of all ages. Recreation staff are responsible for creating and maintaining a safe, welcoming environment for all participants.
At the beginning of each park day—and periodically throughout the day—staff must inspect the playground and recreation areas to ensure they are free from any hazardous materials (e.g., glass, wood, metal). Once the area is confirmed safe, staff should open and inspect the restrooms. If the
restrooms are unclean, staff must clean them to ensure they are sanitary and presentable before opening the park to the public.
Staff are also responsible for promoting youth participation in park programs. This can be done using tools such as weekly calendars, flyers, banners, press releases, and reader board announcements.
However, the most effective way to attract youth is through staff enthusiasm. When staff are excited and engaged in their work, it motivates children to join in—and they often bring friends. Staff should aim for full participation and remember having twenty kids at the park doesn’t mean twenty are engaged. Actively encourage all children to get involved in activities.
At the end of each day, staff must:
• Clean and store all equipment properly.
• Ensure all facilities are clean and ready for the next day. • Complete the Park Daily Log Form with as much detail as possible. • Securely lock all facilities before leaving.
DAMAGED OR LOST CITY EQUIPMENT
If a participant damages or loses any city-owned equipment during a program, they (or their parent/guardian) are responsible for either replacing the item or providing a monetary payment equal to its value.
POLICY OF MANDATORY
REPORTING OF CHILD
ABUSE AND NEGLECT
CITY OF SOUTH EL MONTE
POLICY ON MANDATORY REPORTING
OF CHILD ABUSE AND NEGLECT
I. PURPOSE
Under California’s Child Abuse and Neglect Reporting Act (CANRA), Penal Code Sections 11164– 11174.3, certain employees who have direct contact with or supervise minors (under 18 years of age) as part of their job duties are legally required to report any known or suspected cases of child abuse or neglect. These individuals are classified as “mandated reporters.” Mandated reporters are often in the best position to recognize signs of abuse or neglect and are therefore entrusted with the responsibility of protecting children. The primary intent of CANRA is to ensure the safety and well-being of minors by requiring timely reporting of abuse or neglect.
II. POLICY
The City of South El Monte is committed to full compliance with CANRA. All City employees who are designated as mandated reporters must report known or reasonably suspected instances of child abuse or neglect to appropriate child protective services or law enforcement agencies as required by law.
In addition, the City extends this reporting responsibility more broadly: any City employee—regardless of mandated reporter status—who witnesses, has direct knowledge of, or reasonably suspects abuse or neglect occurring at a City facility or involving City personnel is expected to report it promptly.
This policy:
• Identifies which employees are legally obligated to report under CANRA; • Outlines the procedures and timelines for making a report; • Provides protections for individuals who report in good faith; • Describes the legal consequences of failing to report as required.
III. APPLICABILITY
This policy applies to all employees of the City of South El Monte’s Community Services Department, regardless of employment status.
All employees who are designated as mandated reporters are required to report any suspected child abuse or neglect in accordance with this policy and applicable state laws.
Employees who are not designated as mandated reporters but who observe, or suspect child abuse or neglect are strongly encouraged to follow the reporting procedures outlined in this policy.
IV. MANDATED REPORTING RESPONSIBILITIES AND REQUIREMENTS
Mandated Reporters
Under California law, certain professionals who may come into contact with children under the age of 18 in the course of their duties are classified as mandated reporters. These individuals are legally required to report suspected child abuse or neglect.
Within the City of South El Monte, the following positions are identified as mandated reporters:
All employees whose duties involve direct contact with and supervision of minors under the age of 18; All positions within the Community Services Department, Parks and Recreation Division, including but not limited to:
• Director of Community Services;
• Community Services Manager;
• Recreation Coordinator;
• Recreation Senior Leader;
• Recreation Leader;
• Pool Manager;
• Assistant Pool Manager(s);
• Water Safety Instructor (WSI);
• Lifeguard;
• Cashier/Locker Attendant;
• Drivers;
• Administrators of public day camps;
• Administrators or employees of public youth centers, youth recreation programs, or youth organizations;
• All Police Department employees, Peace officers and Firefighters.
A comprehensive list of positions designated as mandated reporters under California law can be found in California Penal Code Section 11165.7(a) and is included as Appendix A of this handbook.
V. IDENTIFICATION OF MANDATED REPORTERS
The City of South El Monte will identify job classifications and employees who, due to their job duties, qualifications, or professional licenses, are considered mandated reporters under state law. These employees will be informed of their legal obligations and given a copy of this policy when they begin employment.
Non-Mandated Reporters
Employees in positions not identified as mandated reporters are considered non-mandated reporters.
Volunteers are generally not mandated reporters unless specifically stated by law—even if they work directly with children. However, the law encourages volunteers to receive training on recognizing and reporting child abuse and neglect.
The City of South El Monte requires all employees and volunteers, whether mandated by law or not, to report any known or suspected child abuse or neglect and to follow the procedures outlined in this policy.
Reasonable Suspicion
“Reasonable Suspicion” means it is reasonable for someone, based on facts or observations, to suspect child abuse or neglect.
• Certainty is not required.
• Medical proof is not required.
• A suspicion based on reasonable judgment is enough to report.
Note: A minor being pregnant alone is not considered reasonable suspicion of sexual abuse.
Child Abuse and Neglect
The following types of child abuse and neglect must be reported:
• Death of a child caused by anything other than accidental means. • Physical injury to a child caused by anything other than accidental means. • Child sexual abuse, which includes both sexual assault and sexual exploitation. o Sexual assault includes:
Any sexual act with a child;
Intentional masturbation in the presence of a child;
Child molestation;
Any sexual contact with a child.
o Sexual exploitation includes:
Creating, selling, or distributing pornographic material involving children; Having a child participate in sexually explicit performances; Involvement of a child in prostitution.
All employees and volunteers must understand and recognize these forms of abuse. If any of these types of abuse are known or reasonably suspected, they must be reported immediately in accordance with this policy and state law.
Types of Child Abuse or Neglect That Must Be Reported
• Willful Cruelty or Unjustified Punishment: This includes causing or allowing a child to suffer serious physical or emotional pain, or putting the child’s safety or health at risk. While mental suffering alone doesn’t have to be reported, it can be—and must be reported if it involves willful cruelty or punishment.
• Unlawful Corporal Punishment or Injury: Any physical punishment that is done on purpose and results in injury or trauma must be reported.
• Neglect: Both severe and general neglect must be reported if the person responsible is in charge of the child’s care.
o Severe neglect includes things like extreme malnutrition, failure to thrive, or deliberately not providing basic needs like food, shelter, or medical care. o General neglect means failing to provide those basic needs due to carelessness, even if the child isn’t physically hurt.
• Out-of-Home Care Abuse or Neglect: Any of the above types of abuse or neglect that happen in foster care, group homes, or other out-of-home care situations must also be reported.
Note: For common warning signs, see Appendix B.
Reporting Requirements
All mandated reporters are required by law to report any known or reasonably suspected child abuse or neglect involving a child under 18.
This duty applies any time a mandated reporter becomes aware of possible abuse or neglect as part of their job duties, even if:
• The incident did not occur at a City facility; or
• It does not involve a City of South El Monte employee.
How to Report Suspected Child Abuse or Neglect
If you are a mandated reporter and you observe or suspect child abuse or neglect while working, you must take the following steps:
1. Call Immediately
As soon as possible, make a telephone report to one of the following:
• Child Protective Services (CPS) Hot-line: (800) 540-4000; • Temple City Sheriff’s Station: (626) 285-7171.
2. Follow Additional Steps as Required
After the phone call, you may be required to submit a written follow-up report. More details are provided in Appendix C.
Note: Additional contact information for agencies that accept child abuse reports is listed in Appendix C.
Contents of Telephone Report
When making a telephone report of suspected child abuse or neglect, the mandated reporter should provide the designated agency with the following information:
• Your name, business address, and phone number.
• Identify yourself as a mandated reporter and explain your role that requires you to report. • Details that led to your reasonable suspicion, including the source(s) of this information and contact details of any witnesses.
• The child’s information, including name, address, current location, and if known, school, grade, and class.
• Names, addresses, and phone numbers of the child’s parents or guardians, if known. • Information about the suspected abuser, including name, address, phone number, and any other relevant details, if available.
Reports must be made even if some of this information is missing or uncertain.
If You Cannot Make a Telephone Report
If you cannot submit the initial report by telephone after reasonable effort, you must:
• Submit a one-time written report immediately or as soon as possible by fax or electronic transmission, using the official Suspected Child Abuse Report Form (SS 8572) from the California Office of the Attorney General.
• Be available to respond to a follow-up telephone call from the agency receiving your report.
Follow-Up Written Report
Within 36 hours of learning about the suspected abuse or neglect, all mandated reporters must:
• Submit a written report using the Suspected Child Abuse Report Form (SS 8572). • Include all information listed above, plus any non-privileged documents related to the case that you may have.
The form SS 8572 is available online at the California Office of the Attorney General’s website and in the City of South El Monte’s Personnel Department.
Submit the written report to the County Welfare Department or the local law enforcement agency by mail, fax, or electronic transmission.
Joint Knowledge of Suspected Abuse or Neglect
When two or more individuals are aware of the same suspected incident of child abuse, they may agree that one person will make both the immediate telephone report and the follow-up written report on behalf of the group.
However, if any individual becomes aware that the required reports were not made, they are legally obligated to immediately submit the reports themselves.
Internal Report to the City of South El Monte
Mandated Reporters
In addition to the state-mandated reporting requirements described above, all mandated reporters must also promptly report any observed or reasonably suspected abuse of a child to one of the following:
• Their direct supervisor;
• A manager;
• The City of South El Monte Personnel Department.
These internal reports may be made anonymously.
Important:
Submitting an internal report to the City of South El Monte does not replace the legal requirement to:
• Make an immediate telephone report, internet report, or • Submit the follow-up written report (SOC 341).
Other Agency Employees and Volunteers
Employees and volunteers of the City of South El Monte who are not designated as mandated reporters are still required to report any observed or reasonably suspected abuse of a child.
VI. MANDATED REPORTER SAFEGUARDS
Statutory Safeguards. The California Penal Code sets forth a number of safeguards for mandated reporters. A summary of these safeguards is provided below, but employees with questions about
these safeguards should contact the County Welfare Department at Los Angeles County Department of Public Social Services Administrative Headquarters (562) 908-8400 or the local law enforcement department [Temple City Sheriff’s Station at (626) 285-7171] serving the [City of South El Monte], such as police or sheriff’s department.
Mandated Reporter Safeguards
1. Confidentiality
Reports of suspected child abuse or neglect — including the identity of the person making the report — are confidential. This information can only be shared with specific agencies authorized by law, such as:
• Child Protective Services (CPS);
• Law enforcement;
• Prosecutors;
• Other parties with a court order.
Even these authorized parties cannot share the reporter’s identity with the City of South El Monte without the reporter’s consent or a court order.
2. Immunity from Liability
Anyone who makes a report in good faith is protected from civil or criminal liability. This protection does not apply if the person knowingly files a false report or acts with reckless disregard for the truth.
3. Indemnification
If an employee is sued because they made a good faith report, the City of South El Monte will provide legal defense and protection in accordance with the law.
4. No Retaliation
It is strictly prohibited for any supervisor, administrator, or employee to:
• Prevent someone from reporting abuse;
• Punish or retaliate against someone for making a report.
Employees who believe they have been retaliated against should report the issue to Human Resources or the City Manager. The City will investigate and take appropriate action.
Anyone who tries to interfere with a mandated reporter's duty may face criminal penalties.
VII. PENALTIES FOR FAILING TO REPORT, SUBMITTING FALSE REPORTS, INTERFERING
WITH REPORTING DUTIES, OR VIOLATING CONFIDENTIALITY LAWS A. Disciplinary Action. Failure to fulfill mandated reporting responsibilities under this policy — including failing to report suspected abuse or knowingly making a false report — may result in disciplinary action, up to and including termination of employment.
B. Criminal and Civil Penalties. Mandated reporters who fail to meet their legal responsibilities may face various criminal and civil penalties. A summary of these potential consequences is outlined below. Employees with questions regarding these requirements should contact the Los Angeles County Department of Public Social Services Administrative Headquarters at (562) 908-8400, or
reach out to local law enforcement, such as the Temple City Sheriff’s Station at (626) 285-7171, which serves the City of South El Monte.
Criminal Penalties.
Failure to Report
Any mandated reporter who willfully fails to report known or suspected child abuse or neglect—where such abuse or neglect results in death or great bodily injury—may be subject to criminal penalties. These penalties can include imprisonment for up to one year, a fine of up to five thousand dollars ($5,000), or both. These criminal consequences apply only to individuals legally designated as mandated reporters.
Interference with Reporting Obligations
Any supervisor or administrator of the City of South El Monte who knowingly interferes with or discourages a mandated reporter from fulfilling their legal duty to report may face penalties of up to six months imprisonment, a fine of up to one thousand dollars ($1,000), or both. Additionally, any individual who obstructs the reporting of known or suspected child abuse or neglect—where such abuse or neglect results in death or great bodily injury—may be punished by up to one year of imprisonment, a fine of up to five thousand dollars ($5,000), or both.
Civil Liability
Any individual who knowingly files a false report of child abuse or neglect or does so with reckless disregard for the truth or falsity of the information, may be held civilly liable for any resulting damages.
VIII. ADDITIONAL INFORMATION AND OBLIGATIONS
A. Training
The City of South El Monte requires all employees—including those who are not designated as mandated reporters—to complete training on recognizing and reporting child abuse and neglect.
B. Acknowledgement
Before beginning employment, all individuals hired by the City of South El Monte who are designated as mandated reporters must sign a statement confirming their understanding of and commitment to comply with mandated reporting laws. A copy of this signed acknowledgement will be retained by the City’s Personnel Department. A sample of the required acknowledgement form is attached.
C. Posting Requirements
Information on how to report suspected child abuse or neglect must be prominently displayed in areas accessible to all employees. These postings shall be placed at the City of South El Monte Parks and Recreation Office, Community Center, New Temple Park, Mini Center, and other relevant locations.
CITY OF SOUTH EL MONTE ACKNOWLEDGEMENT OF MANDATED
CHILD ABUSE AND NEGLECT REPORTING POLICY AND LEGAL
REQUIREMENTS
By signing below, I acknowledge that I have received, read, and understood the City of South El Monte’s Policy on Mandated Child Abuse and Neglect Reporting, and I agree to fully comply with its provisions.
I also acknowledge that I have received, read, and understood the relevant sections of the California Penal Code, specifically Sections 11165.7 and 11166, which define the duties and responsibilities of mandated reporters. I understand that, under the law, I am a mandated reporter and that it is my personal legal obligation to report any known or reasonably suspected incidents of child abuse or neglect.
I further understand that failure to comply with mandated reporting laws or the City's reporting policy may result in criminal and/or civil penalties and may also lead to disciplinary action by the City of South El Monte, up to and including termination of employment.
CITY OF SOUTH EL MONTE COMMUNITY SERVICES EMPLOYEE
HANDBOOK ACKNOWLEDGEMENT
By signing below, I acknowledge that I have received and read the City of South El Monte Community Services Employee Handbook. I understand the policies, procedures, and expectations outlined within the handbook and agree to comply with its terms.
I also understand that any violation of these policies may result in disciplinary action, up to and including termination of employment.
_______________________________
Employee’s Name (Please Print)
_______________________________ ________________________ Employee’s Signature Date
Employee’s Name (PLEASE PRINT) Employee’s Date of Hire
Employee’s Job Title/Position Employee’s Department
Employee’s Signature Date
ATTACHMENT C
Emergency Phone Numbers
Fire Department
Temple Station Sheriff’s Department
City Hall
Community Center
Senior Center
911
626-285-7171
626-579-6540
626-579-2043
626-448-0131
Community Services Department Staff
Director of Community Services
Community Services Manager
Senior Services & Transportation Supervisor
Senior Services Coordinator
Senior Services & Transportation Coordinator
Ariana De La Cruz
Jayson Perez
Wendy Cayco
Bertha Hernandez
Yvette Corona
I. INTRODUCTION TO THE COMMUNITY SERVICES DEPARTMENT
Staff Profile
Knowledge Required
Employee Evaluations
Chain of Command
II. CODE OF CONDUCT AND EMPLOYMENT REGULATIONS
Working Hours and Schedules
Employee Work Availability
Time Management Practices
Payday and Timesheets
Dress Code
Office Policies
Employment Policies
III. HEALTH AND SAFETY PRACTICES
Basic Safety Practices
Safety and Accident Procedures
Conduct and Discipline of Participants
Property Damage, Vandalism, and Incident Reporting
Emergency Preparedness and Response
IV. TRANSPORTATION SERVICE POLICY
South El Monte Transportation Services
Dial-A-Ride Service Policies
General Policies
Title VI Policy and Procedures
V. POLICY ON MANDATORY REPORTING ELDER AND DEPENDENT ADULT ABUSE AND
NEGLECT
Purpose
Policy
Applicability
Reporting Responsibilities and Requirements
Mandated Reporter Safeguards
Penalties for Failing to Report
Additional Information and Obligations
VI. POLICY ON MANDATORY REPORTING OF CHILD ABUSE AND NEGLECT Purpose
Policy
Applicability
Reporting Responsibilities and Requirements
Mandated Reporter Safeguards
Penalties for Failing to Report
Additional Information and Obligations
INTRODUCTION TO THE
COMMUNITY SERVICES
DEPARTMENT
STAFF PROFILE
All Community Services staff are expected to demonstrate the following personal and professional qualities while on duty. These characteristics are essential to maintaining the high standards of service expected by the City of South El Monte.
EMPLOYMENT
Employment with the City is at-will. This means:
• You may resign your position at any time, for any reason. • The City may transfer, reassign, suspend, demote, or terminate your employment at any time, with or without cause, and with or without notice.
The terms of your employment may only be modified in writing by mutual agreement between you and the City Manager or the Human Resources/Risk Manager. No oral agreements or patterns of behavior may alter this at-will status.
PROFESSIONALISM
All staff are expected to always display professionalism. This includes:
• Showing respect to co-workers, supervisors, and the public. • Maintaining a neat and professional appearance.
• Demonstrating initiative and a positive attitude
• Following all departmental rules and regulations.
• Representing the City with integrity both during and outside of work hours.
As public servants, employees are held to a high standard of conduct, on and off the job.
RELIABILITY
Reliability is critical to the success of our operations. Employees are expected to:
• Arrive on time for scheduled shifts.
• Complete assigned responsibilities thoroughly and promptly. • Accept assignments with a cooperative attitude.
• Offer constructive suggestions for improving operations.
COURTESY AND CONSISTENCY
Staff must interact with patrons in a courteous, respectful, and consistent manner. To gain the respect and cooperation of the public, staff should be:
• Firm, fair, and consistent in applying rules.
• Always polite and professional in tone.
• Proactive in referring upset or dissatisfied patrons to a supervisor.
POSITIVE ATTITUDE
Each staff member plays an important role in creating a welcoming and effective community environment. Employees should:
• Understand their role within the Community Services Department. • Cooperate with fellow staff to achieve common goals.
• Comply with all policies and procedures to ensure successful facility and program operation.
KNOWLEDGE REQUIRED
UNDERSTANDING RULES AND REGULATIONS
All staff members are required to have a comprehensive understanding of the Department's Rules and Regulations. While the Employee Manual In-Service Training is designed to introduce these policies, it is ultimately your responsibility to independently review the Employee Manual to gain a deeper understanding. If any section of the manual is unclear, please consult with your immediate supervisor for clarification.
CHANNELS OF AUTHORITY
It is essential for all staff to be familiar with the operational procedures and organizational structure of the Department. Staff should be aware of the names, titles, and responsibilities of all Department personnel. The Employee Manual outlines the roles and responsibilities of all part-time recreation and senior services employees. If you have any questions regarding a particular position or role, please reach out to your immediate supervisor.
LEGAL RESPONSIBILITIES
As a member of the Community Services team, staff must be aware of the legal implications associated with their position. All staff are responsible for both their actions and their failure to act in a timely and appropriate manner. As City employees, all staff members are considered mandated reporters under the law. This means that any suspected child abuse must be reported immediately. By accepting employment with the City, you are also accepting the responsibility to fulfill the duties associated with your role. Above all, you are expected to contribute to providing a safe, clean, and well-supervised environment for the community and all program participants.
FLEXIBILITY IN WORK ASSIGNMENTS
Staff must demonstrate a willingness to perform a variety of duties as needed, as assigned by City Administration. This may include tasks that are outside of the traditional scope of recreation responsibilities, such as janitorial work, maintenance, clerical duties, or other roles, including but not limited to artist, computer operator, etc. All tasks should be approached with the same level of enthusiasm and commitment as any recreation-related duties.
Employee Evaluations
Evaluations are conducted by the Community Services Administration to assess staff performance.
Employees will be evaluated in the following key areas:
• Quality of Work Performed: The accuracy, thoroughness, and overall standard of the work completed.
• Quantity of Work Performed: The volume of work produced within an acceptable timeframe, while maintaining quality.
• Work Habits: Includes organization, time management, dependability, and adherence to work processes.
• Personal Relations: The ability to interact professionally with colleagues, supervisors, and community members.
• Adaptability & Initiative: The ability to respond to changing work conditions, and the willingness to take on new responsibilities or suggest improvements. • Improvement & Achievement: The demonstration of personal and professional growth, as well as the accomplishment of individual or team goals.
These evaluations are intended to provide constructive feedback and promote continuous improvement in both individual performance and overall departmental success.
CHAIN OF COMMAND
Director of Community Services
Community Services Manager
Senior Services & Transportation
Supervisor
Senior Services
& Transportation Coordinator
Senior Services Coordinator
Drivers
TRANSPORTATION SERVICES
CODE OF CONDUCT
AND EMPLOYMENT
REGULATIONS
WORKING HOURS AND SCHEDULES
WORK SCHEDULES
Each employee’s work schedule is assigned by their respective Coordinator and is posted in the staff lounge or clock-in room. Employees are expected to be on duty and ready to perform their responsibilities at the designated start time.
Staff members are required to arrive at least 30 minutes prior to the start of their scheduled program to adequately prepare for the day’s activities.
If for any reason an employee is unable to report for duty or anticipates being late, they must notify their immediate supervisor as soon as possible.
Supervision Requirements
The facility must be properly supervised during all scheduled hours of operation. At no time should the facility be left unattended during these hours. If an employee must leave the facility for any reason, prior permission must be obtained from their supervisor. In the event of an emergency, the main office should be notified immediately.
Schedule Adjustments
Any changes or variations to the established work schedule must be approved in advance by the employee’s supervisor. Unauthorized alterations to the schedule may result in disciplinary action.
EMPLOYEE WORK AVAILABILITY
AVAILABILITY FORMS
All staff members are required to submit a Work Availability Form to their immediate supervisor at the start of each new season. Additionally, if there are any changes to a staff member's availability during the course of the year, an updated Availability Form must be submitted.
Schedules will be created based on program needs and the operational requirements of the facilities.
All scheduling decisions will be made at the discretion of the immediate supervisor. While staff availability will be considered, there is no guarantee that all available hours will be scheduled.
HOURS OF WORK
Employees must be familiar with the opening and closing hours for their assigned area. Staff should arrive with sufficient time to complete the necessary opening procedures before their scheduled program or event.
The facility must remain open during the designated hours, and areas should not be closed prior to the scheduled closing time unless prior permission has been granted by the immediate supervisor.
REST BREAKS AND LUNCH PERIODS
Rest Breaks (Paid)
Rest breaks are 15 minutes long and are fully paid.
• Shifts under 4 hours: No rest break required.
• Shifts between 4 and 7.75 hours: You get 1 paid 15-minute break. • Shifts between 8 and 10 hours: You get 2 paid 15-minute breaks
Meal Periods (Unpaid)
Meal breaks are 30 minutes long and are unpaid. You must be completely relieved of all work duties during this time.
• Shifts under 5 hours: No meal break required.
• Shifts over 5.5 hours: You must take a 30-minute meal break. o Exception: If your shift is 6 hours or less, you can mutually agree with your Senior Leader or Coordinator to waive this meal break if you'd prefer to work straight through.
Reference Table
Total Shift Length Paid 15-Min Breaks Unpaid 30-Min Meal Period Less than 3.5 hours 0 0
4 to 5.5 hours 1 0
5.5 to 6 hours 1 1 (can be waived if agreed)
6 to 7.75 hours 1 1
8 to 10 hours 2 1
Round off to the nearest quarter for clock in and out time:
0:53 minutes to 0:07 minutes - round off to the hour.
0:08 minutes to 0:22 minutes - round off to 0.25 (15 minutes) 0:23 minutes to 0:37 minutes - round off to 0.5 (30 minutes) 0:38 minutes to 0:52 minutes - round off to 0.75 (45 minutes) Special accommodations for breaks or lunch hours may be made for events or unique circumstances, but only with prior documented approval from the immediate supervisor.
TIME MANAGEMENT PRACTICES
PROPER USAGE OF THE TIME CLOCK SYSTEM
Proper Use of the Time Clock System
All employees, both exempt and nonexempt, are required to use the Time Clock System to accurately record their hours worked. This system is essential for tracking both payroll and attendance. Time Clock records will serve as the official log for monitoring employee attendance.
Department Heads are responsible for ensuring that all employees adhere to the proper use of the Time Clock System.
Employees must clock in no earlier than 5 minutes before their scheduled shift and clock out no later than 5 minutes after the scheduled end of their shift. Additionally, employees must clock in and out for lunch breaks, in addition to clocking in at the start of the day and out at the end.
If the Time Clock System experiences technical issues, employees should immediately notify their supervisor, who will provide further instructions.
If an employee misses a clock-in or clock-out entry, they must inform their supervisor as soon as possible. Employees who frequently fail to make timely entries into the Time Clock System may face disciplinary action.
Supervisors have discretion in enforcing disciplinary measures for repeated violations of timekeeping policies and procedures. This includes situations where employees may clock in but are often absent from their workstations or fail to clock in or out correctly. Additionally, supervisors will address issues such as unscheduled overtime, discrepancies in the Time Clock records, or conflicting information submitted to payroll.
TARDINESS & ABSENCES
If you need to be late or absent from your assigned facility, it is your responsibility to notify your supervisor as soon as possible. Whenever possible, you should arrange for a substitute to cover your duties.
Employees must inform their direct Supervisor in advance, in writing, if they know they will be absent or late, specifying the date and time. Exceptions to advance notification include illness or emergencies, in which case employees should notify their supervisor as soon as possible.
All absences require the submission of the proper Leave of Absence Forms.
Excessive tardiness or absenteeism may result in disciplinary action, including termination.
TIME OFF POLICY
Request Process: Employees must complete a Request Off Form to request time off.
Deadline: The form must be submitted to your immediate supervisor at least two weeks before the schedule is posted.
Approval: Your supervisor will review the request and make a decision.
Late Requests: Any requests submitted after the deadline will be automatically rejected.
Employee Responsibility: It is the employee's responsibility to confirm that the request was reviewed and approved by their supervisor.
Failure to Follow Time Off Procedures
Excessive failure to notify your immediate supervisor of a leave of absence and failure to submit the required Request Off Form may result in disciplinary action, up to and including termination.
OVERTIME POLICY
Unplanned Overtime: If unforeseen circumstances require you to stay past your scheduled shift and you cannot contact your supervisor, you must remain until the event is completed.
Documentation:
• Record overtime on your daily report.
• Submit an Overtime Request Form with your time-sheet. • Part-time employees are exempt from filling out the Overtime Request Form.
Definition of Overtime: More than 40 hours worked in a scheduled week (Sunday–Saturday).
Pay Rate: Time worked beyond 40 hours is paid at time and a half.
Approval Requirement:
• Overtime must be pre-approved by your immediate supervisor. • Your supervisor will forward the request to the City Manager, who makes the final decision.
PAYDAY AND TIME SHEETS
PAYDAY
Employees are paid bi-weekly on Thursdays.
TIMESHEETS
Time sheets must be submitted both on paper and in the Incode online system by the end of your scheduled shift on Wednesday of the timesheet week. If you are not working on Wednesday, you must submit your time sheet beforehand. Any changes or deviations from the posted schedule must be explained using a Request Off Form, Overtime Form, or Sick Leave Form. Part-time employees may write an explanation for deviations directly on the time sheet.
Time sheets must be neat and legible on all copies. You must show all lunch and break times, print your name clearly at the top, ensure all numbers are accurate, double-check your math, and sign the time sheet.
If your time sheet is not completed correctly, it will be returned to you for correction. Incomplete or late time sheets may miss the payroll deadline and will be held over to the next pay period for processing.
DRESS CODE
GENERAL UNIFORM REQUIREMENTS:
• All Staff: Required to wear the department-issued uniform during working hours. • Appearance: Uniforms should be clean and free of holes, wrinkles, or stains.
RECREATION, AQUATIC, AND SENIOR SERVICES: Uniform policies may vary slightly for these departments. Differences will be discussed during in-service training.
STANDARD UNIFORM COMPONENTS:
• Shirt: Clean, department-issued shirt (no holes, stains, etc.). • Name Badge: Must be worn.
• Footwear: Athletic shoes only (no sandals, open-toe shoes, or Toms). • Pants/Shorts: Khaki, black, or navy pants/shorts; No jeans or leggings allowed and shorts must be at least fingertip-length.
• Socks: Must be white or black, visible at the ankle, no higher than mid-calf. • Fit of Pants: No excessively tight or oversized pants. • Hats: Only department-issued hats are allowed, and they should not be worn backwards. • Clothing Logos/Phrases: No logos or written phrases other than those of the City may be visible. • Undershirts: If worn, they must be white, black, navy blue, or gray. • Outerwear: Department-issued sweatshirts or jackets with the City seal (staff shirt must be worn underneath). Plain black or navy sweatshirts are permitted under the staff shirt. •
EXCEPTIONS & CLARIFICATIONS:
• Inappropriate Attire: If deemed inappropriately dressed, the Director of Community Services or designee may require the employee to return home to change. • Special Event Uniforms: The Director or designee may assign different uniforms for specific events or alter uniform requirements.
• Alterations: Uniforms must not be altered by the employee. • Uniform Usage: Uniforms should only be worn during scheduled work hours and cannot be worn off-duty.
• Separation: Employees must return all uniforms upon leaving the City or their position.
IMPORTANT NOTES:
• Specific guidelines will be reviewed during in-service training to cover any department-specific nuances.
• Uniforms are to be worn appropriately, with attention to fit and cleanliness.
IDENTIFICATION CARD AND NAME BADGE
All facility and program staff are required to wear a department-issued name badge on their shirt and carry a City-issued identification card while on duty. If either the name badge or ID card is lost, it is the employee’s responsibility to request a replacement immediately. A replacement fee will be charged for lost items.
Supervisors are responsible for ensuring that all employees are wearing their approved badges during work hours. Name badges and ID cards are City property and must not be loaned, borrowed, or used by anyone other than the person to whom they were originally issued.
When an employee separates from the City, all name badges and identification cards must be returned to the appropriate division supervisor.
Any staff member who reports to work without the complete uniform, including their name badge and ID card, will be sent home without pay and may not return until they are in full uniform. Failure to comply with this policy may result in disciplinary action, up to and including dismissal.
OFFICE POLICIES
USE OF CITY TELEPHONES
City phones are for official business use only. Since most contact with the public happens by phone, employees must always be polite and professional. When answering the phone, staff should use the following format: “Greeting, [Site Name], [Your Name] speaking.” Personal use of City phones is not allowed. Any misuse will result in disciplinary action, and the employee may be sent home.
CELL PHONES
Part-time employees are not allowed to use personal cell phones during work hours, except in emergencies. Department Heads are responsible for monitoring proper use. Misuse of this policy will lead to disciplinary action, and the employee may be sent home.
EMAIL AND INTERNET
All City staff must use email and internet access through the City’s network in a responsible, ethical, and legal manner. These tools are for City business only. Use of the system is a privilege and can be
taken away if misused. Any violation of this policy may lead to disciplinary action, similar to other workplace policy violations.
SOCIAL MEDIA POLICY
I. DEFINITIONS
Social media refers to internet platforms and apps that allow people to communicate, share, and interact with each other. This includes websites and apps like Facebook, TikTok, LinkedIn, Twitter (now X), Instagram, YouTube, Snapchat, and similar tools.
Social Media Provider means the company or service that runs a social media platform, such as Facebook, TikTok, LinkedIn, Twitter, Instagram, YouTube, or Snapchat.
User means anyone who uses or views social media, including members of the public or City employees when using these platforms in a personal (non-work) capacity.
II. EMPLOYEE USE OF SOCIAL MEDIA WHILE ON DUTY
A. Employees must be honest, polite, and respectful when interacting with coworkers, patrons, and anyone connected to the City. They are expected to behave professionally and follow all City rules and policies, including those against harassment and bullying.
B. Employees are not allowed to use personal social media during work hours or access personal social media accounts on City computers, systems, or equipment.
C. Employees are also prohibited from using personal social media during work hours to conduct City business or to speak on behalf of or represent the City.
III. EMPLOYEE USE OF PERSONAL SOCIAL MEDIA WHILE OFF DUTY This policy generally does not regulate how employees use their personal social media accounts or non-City systems outside of work. However, certain personal social media activities may still affect the City’s reputation or seem to represent City policy.
A. If employees access personal social media through City information systems, their activity may be monitored by the City and could be subject to disclosure under the California Public Records Act or legal proceedings.
B. Employees must not post comments, content, or profiles on personal social media that state or suggest the views, statements, or opinions are official City policies or represent the City or any City employee, unless authorized in advance by a department director or executive management.
C. Personal social media use must not be connected to the City or the employee’s City job unless approved beforehand by a department director or executive management. If personal social media use involves City-related matters or equipment, employees must always act respectfully, courteously, and professionally toward coworkers, patrons, and others connected with the City.
D. Employees are prohibited from using City-issued apparel or logos in personal social media posts.
CITY EQUIPMENT
City equipment is intended solely for use during programs and City events. Speakers may be used to play music approved by a supervisor and should only be used as background music during programs.
Televisions may only be used during program hours to play video games or show content approved by a supervisor.
Employees who misuse City equipment will face disciplinary action and may be sent home.
SUPPLIES
Adequate supplies and materials will be provided for your needs. If additional supplies are required, the staff member in charge of the program should prepare a requisition. To keep your area well-stocked, plan and submit requisitions to your immediate supervisor.
VISITING WITH FRIENDS WHILE AT WORK
Personal visits from friends during work hours are not allowed. Employees who violate this rule may face disciplinary action and could be sent home.
EMPLOYMENT POLICIES
EMPLOYEE POLICY
City policies are established to ensure the orderly and consistent operation of City government. The City Manager oversees all City operations and personnel matters on behalf of the City Council.
If you need clarification on any policy, please speak with your immediate supervisor.
SEEKING NEW EMPLOYMENT
The City supports employee initiative and does not discourage individuals from pursuing career advancement opportunities elsewhere. Applying for positions outside the City will not affect your job security with the City of South El Monte.
However, job-search activities must not interfere with your City duties. Time off for interviews must be taken as approved unpaid leave.
CHANGE OF NAME, ADDRESS, ETC.
Employees must report any changes to their name, address, or telephone number in writing to their supervisor as soon as possible.
PERSONNEL DISCIPLINARY PROCEDURE
When regular coaching does not lead to the expected improvement in an employee's performance, the City may implement a progressive discipline process. Proper documentation is essential at every stage, and all incidents should be recorded promptly.
If an employee’s performance does not improve after receiving verbal counseling and/or written warnings, more serious disciplinary action may follow. Depending on the severity of the offense, the City reserves the right to skip steps or begin disciplinary action at a more advanced stage.
Progressive Discipline Steps:
1. Verbal Counseling.
2. Employee Warning Form.
3. Employee Reprimand Report.
4. More Severe Disciplinary Action (which may include suspension or termination).
Verbal Counseling
Verbal counseling is a formal step beyond routine coaching. It is used to address performance issues or deficiencies in a structured way. During a verbal counseling session, supervisors may reference relevant Job Performance Standards, the operations manual, staff handbook, or other City policies and procedures.
Supervisors should clearly describe the performance issue and provide specific guidance on how the employee can improve or correct the behavior. Each verbal counseling session must be documented, including the date, issue discussed, and any instructions or expectations communicated to the employee.
Employee Warning Form
An Employee Warning Form is a formal written notice given when a performance issue continues after verbal counseling or when a more serious issue occurs. Employees must be clearly informed that they are receiving a warning due to a specific work performance problem.
The form should include:
• A reference to any previous Verbal Counseling sessions or prior warning forms. • A detailed description of the performance issue or misconduct. • Clear instructions on what improvements are expected and the steps the employee must take to correct the issue.
• A statement of potential consequences if performance does not improve.
All Employee Warning Forms must be thoroughly documented and retained as part of the employee's personnel record.
Employee Reprimand Report
If performance does not improve after an Employee Warning Form—or if a more serious issue occurs— the next step in the progressive discipline process is the Employee Reprimand Report, commonly referred to as a “write-up.”
Supervisors must meet with the employee to discuss the performance issue. During this meeting:
• Relevant standards—such as Job Performance Standards, the operations manual, staff handbook, and/or policy and procedure manuals—should be referenced to clearly explain expectations.
• Supervisors should review and cite any previous Verbal Counseling, Employee Warning Forms, or prior Employee Reprimand Reports the employee has received. • Specific instructions should be given on how the employee can improve or correct the issue. • Supervisors must clearly communicate that failure to improve may result in further disciplinary action, up to and including termination.
Employees must be given an opportunity to respond both verbally during the meeting and in writing on the Employee Reprimand Report form.
The report must be signed by both the supervisor and the employee. Copies should be provided to both parties, and the original must be placed in the employee’s official personnel file.
Disciplinary Action – Serious Offenses
Disciplinary actions that may affect an employee’s employment status, including suspension or termination, will be reviewed in consultation with the Human Resources Department. Human Resources will provide guidance and recommendations before any final decision is made.
Substance Use While On Duty
It is the policy of the South El Monte Community Services Department that employees must not report to work or be on duty while under the influence of alcohol, illegal drugs, or any intoxicating substances.
Employees are strictly prohibited from operating City vehicles or equipment while impaired by alcohol, drugs, or any substances that may affect their ability to perform safely and effectively.
The following actions are also strictly prohibited:
• Storing, consuming, or transporting alcoholic beverages or illegal drugs in City vehicles. • Storing or consuming alcoholic beverages or illegal drugs in City facilities.
Employees taking prescription or over-the-counter medication that may impair cognitive or physical performance must inform their supervisor before starting work.
If an employee is suspected of being under the influence while on duty, the supervisor should, if possible, involve a second person to assist in the assessment. Indicators that may be considered in evaluating impairment include:
1. Eyewitness Reports: Reports of the employee consuming alcohol or using drugs.
2. Observable Behavior
• Unsteady gait or erratic behavior.
• Glassy or bloodshot eyes.
• Smell of alcohol on breath.
• Slurred speech.
3. Physical Evidence
• Presence of open or partially consumed alcoholic beverages in the work area. • Discovery of drugs or drug paraphernalia in the immediate work area.
Reporting Suspected Impairment
If an employee arrives at work appearing to be under the influence of drugs or alcohol or is found consuming alcohol or using drugs during work hours, the Director of Community Services must be notified immediately.
Disciplinary Action for Substance Use While On Duty
The employee’s immediate supervisor is required to document the incident as soon as possible, ensuring all details are recorded accurately. This documentation should include direct quotes from the employee, as well as statements from any witnesses, whether they are fellow employees or members of the public. All statements should include the date of the incident, and if made by a member of the public, should include their full address and contact number.
The supervisor should ensure that all statements are signed and dated by the individual providing the information.
Once the documentation is complete, the supervisor must contact the Director of Community Services for guidance on the next steps. The Director will determine the appropriate disciplinary action to be taken based on the circumstances of the incident.
SMOKING POLICY
Smoking, including the use of electronic cigarettes (e-cigarettes) and vaping devices, is strictly prohibited in all City facilities and within a reasonable distance (e.g., 20 feet) of building entrances, windows, and ventilation systems. This policy is in place to promote a safe and healthy environment for all employees and visitors.
Employees are expected to comply with all posted signs and designated non-smoking areas. Failure to follow this policy may result in disciplinary action.
GRIEVANCES
If you experience an unsatisfactory, stressful, or unfair working condition, you are encouraged to address the issue promptly with your immediate supervisor. Open communication is essential to maintaining a positive work environment.
If the issue is not resolved after discussing it with your supervisor, you may submit a written grievance to the Human Resources Department. Your written statement should clearly outline the nature of the grievance, the steps you have already taken to resolve it, and any relevant supporting information.
Human Resources will review the grievance and may follow up with you and any other involved parties to seek a fair and timely resolution.
GROUNDS FOR TERMINATION
Employment may be terminated for cause based on, but not limited to, the following reasons:
1. Chronic Tardiness – Repeated failure to arrive at work or meetings on time.
2. Excessive Absenteeism – Frequent or prolonged absences due to illness or other reasons that negatively impact job performance.
3. Unsatisfactory Job Performance – Demonstrated lack of initiative, creativity, or consistent failure to meet performance expectations.
4. Falsification of Records – Knowingly submitting false or misleading information in reports, timesheets, or other official documents.
5. Leaving Early Without Authorization – Departing from the worksite before the end of a scheduled shift without prior approval.
6. Leaving Worksite Without Permission – Exiting the assigned location without notifying or obtaining permission from a supervisor.
7. Misuse of Program Equipment – Inappropriate use of equipment or materials intended for public program participants.
8. Lack of Engagement – Displaying an unwillingness or lack of enthusiasm in promoting or conducting assigned activities.
9. Failure to Attend Required Meetings/Trainings – Repeated unexcused absences from mandatory workshops, meetings, or training sessions.
10.Violation of Smoking Policy – Smoking on or around City property in violation of established policy.
11.Abuse or Mistreatment of Participants – Any form of verbal, physical, or emotional abuse directed at program participants.
12.Substance Use Violations – Reporting to work under the influence of alcohol, narcotics, or other intoxicating substances; or possessing such substances on City property.
13.Criminal Convictions – Conviction of a felony or a misdemeanor involving dishonesty, theft, violence, or moral turpitude.
14.Misuse of City Property – Unauthorized or improper use of City-owned equipment, tools, or facilities.
15.Improper Acceptance of Gifts or Compensation – Accepting gifts, tips, or any form of compensation outside regular wages in exchange for performing job duties.
16.Unprofessional Conduct – Use of inappropriate language, gestures, or displaying behavior not in keeping with the standards expected of a community services professional.
17.Unauthorized Use of City Vehicles – Operating a City vehicle without proper authorization or using it for personal purposes.
18.Consumption of Alcohol During Work Hours – Drinking alcoholic beverages while on duty or between scheduled work shifts.
HEALTH AND SAFETY
PRACTICES
BASIC SAFETY PRACTICES
The City of South El Monte is firmly committed to maintaining a safe and healthy working environment.
To achieve this goal, the City has implemented a comprehensive Injury and Illness Prevention Program to ensure workplace safety. As designed, the program and procedures are meant to prevent workplace accident, injuries and illnesses. All employees are responsible for working safely and following all safety procedures to maintain a safe and healthy work environment.
HORSEPLAY
Horseplay or “horsing around” in the workplace is strictly prohibited. Such behavior is a leading cause of workplace accidents and injuries, often resulting from carelessness, inattention, or reckless conduct.
To maintain a safe and professional work environment, all employees are expected to act responsibly and avoid engaging in any behavior that could pose a risk to themselves or others. Any employee found participating in horseplay may be subject to disciplinary action, up to and including termination.
Safety is everyone’s responsibility—remain alert, focused, and respectful of your surroundings always.
HOUSEKEEPING POLICY
Maintaining a clean and orderly work environment is a vital part of the City’s overall safety program.
Good housekeeping helps reduce the risk of accidents and injuries while promoting efficiency and professionalism on the job.
All employees are responsible for keeping their individual work areas clean, organized, and free from hazards. This includes:
• Regularly removing trash and clutter.
• Storing tools, equipment, and materials properly.
• Ensuring walkways and exits remain clear.
Employees are also expected to perform daily inspections of their workspaces to identify any potential safety hazards. Any unsafe conditions or hazards discovered must be reported immediately to a supervisor for proper resolution.
A clean workspace is a safe workspace—everyone plays a role in maintaining it.
SAFELIFTING
Before lifting: Ask, can I lift this alone? Do I need help? Safe lifting techniques:
1. Ensure firm footing and clear path.
2. Tighten stomach muscles to protect your back.
3. Bend your knees, not your waist.
4. Hold the load close to your body.
5. Avoid twisting – move feet to turn.
GENERAL SAFETY GUIDELINES
1. Keep aisles, stairways, and exits clear of obstructions.
2. Clean up spills immediately; mark the area if you need help.
3. Know where fire extinguishers are; keep them accessible.
4. Don’t fight fires beyond your training – evacuate and call for help.
5. Use caution with two-way doors.
6. Use a step stool or stepladder to reach high places – never stand on the top cap of a ladder.
MOTOR VEHICLE SAFETY RULES
The City of South El Monte is committed to ensuring the safety of its employees and the public by promoting safe vehicle operation. All employees operating City vehicles are expected to drive responsibly, follow applicable laws, and adhere to the City’s motor vehicle safety protocols as outlined below.
1. Vehicle Inspection Requirements
Prior to operating any City vehicle, employees shall perform a visual inspection to ensure the vehicle is in safe operating condition. This includes:
• Verifying proper tire inflation.
• Checking for visible fluid leaks.
• Confirming that all lights and turn signals are operational. • Ensuring safety equipment is present (e.g., first aid kit, fire extinguisher, road flares).
All employees are required to complete and submit the Daily Vehicle Preventive Maintenance Report Log at the end of each shift. Any defects or abnormalities must be documented on the report and immediately brought to the attention of a supervisor.
2. Compliance with Traffic Laws
Employees operating City vehicles must always comply with all applicable California traffic laws.
This includes, but is not limited to:
• Obeying posted speed limits.
• Yielding the right of way as required.
• Coming to complete stops at stop signs and red lights. • Wearing seat belts – mandatory for all drivers and passengers.
City vehicles and drivers are not exempt from standard traffic regulations.
3. Adapting to Special Conditions
Drivers must adjust their driving behavior to account for weather and road conditions. This includes:
• Reducing speed during rain, fog, or low-visibility conditions. • Using headlights at dawn, dusk, and during poor visibility. • Increasing following distance during adverse conditions.
4. Driver Alertness and Substance Prohibition
• Maintaining alertness is essential to safe driving. To support this:
• The use of alcohol, illegal drugs, or medications that impair driving is strictly prohibited while on duty or operating a City vehicle.
All drivers are subject to the DMV Pull Notice Program and random drug and alcohol testing in compliance with applicable regulations.
5. Focused and Defensive Driving
Employees are expected to:
• Stay calm, avoid distractions, and focus entirely on driving. • Avoid emotional or distracted driving (e.g., driving while angry or upset). • Never assume right-of-way — yield to avoid accidents, even when legally entitled.
6. Speed and Spacing
Drivers shall:
• Maintain safe and appropriate speeds, allowing time and distance for emergency stops. • Reduce speed in Heavy traffic, densely populated areas, Intersections and curves. • Signal well in advance of lane changes or turns.
• Avoid abrupt stops by slowing down gradually.
7. Following Distance and Tailgating
Employees must always maintain a safe following distance. “Tailgating” or driving too closely behind another vehicle is strictly prohibited.
8. Driver Conduct and Substance Use
All employees must:
• Remain alert and free from distractions.
• Avoid driving under the influence of alcohol, drugs, or impairing medications. • City drivers are enrolled in the DMV Pull Notice Program and subject to mandatory random drug testing as required by law.
• Drivers must avoid emotional or distracted driving. Focus solely on vehicle operation while behind the wheel.
9. Load and Cargo Safety
• Employees must ensure proper loading and weight distribution for safe handling. • Secure all tools, equipment, and materials to prevent shifting during travel.
Failure to comply with the above motor vehicle safety rules may result in disciplinary action, up to and including revocation of driving privileges and/or termination of employment, in accordance with City policy.
FALL PREVENTION
Falls, including slips and trips, are the most common type of injury in the workplace, particularly in office environments. These incidents are largely preventable through awareness and adherence to basic safety practices. To minimize the risk of falls and maintain a safe working environment, all employees are expected to follow the procedures outlined below.
General Fall Prevention Procedures
• Walk, Don’t Run: Employees must walk at a safe and prudent pace within all City facilities. Due to confined spaces, blind corners, and shared work areas, running or walking quickly can lead to collisions and trip hazards. Walking allows time to see and respond to your surroundings, and to ensure pathways are clear.
• Close Drawers Immediately: File cabinets, desk drawers, and other storage units must be closed immediately after use. Open drawers are common tripping hazards and must never be left unattended.
• Secure Cords and Wires: Electrical cords, phone lines, and other cables must be routed away from walkways and traffic areas. If temporary routing is required, proper cord covers or tape must be used to eliminate tripping risks.
• Clean Spills Immediately: All spills, regardless of size or substance, must be cleaned up immediately to prevent slipping hazards. If you are unable to clean the spill yourself, mark the area and notify the appropriate staff for assistance.
• Pick Up Loose Items: If you notice objects such as pens, paper clips, rubber bands, or other small items on the floor, pick them up promptly. Even small items can cause slips or trips if stepped on.
• Use Proper Equipment: Employees are prohibited from standing on chairs, boxes, desks, or any other non-approved object to reach elevated items. Only approved ladders or step stools should be used, and they must be in good working condition. • Employee Responsibility: All employees share the responsibility of maintaining a safe working environment. Unsafe conditions, including potential trip or fall hazards, should be reported immediately to a supervisor or facilities management for correction.
Failure to follow fall prevention procedures may result in corrective action, in accordance with the City’s disciplinary policy.
ELECTRICAL SAFETY
Electricity can be dangerous if not handled properly. To keep yourself and others safe, follow these electrical safety guidelines:
1. Never use appliances or machinery while touching metal or anything wet.
2. Always unplug equipment before cleaning, inspecting, or repairing it.
3. Keep electrical equipment and work areas clean—oil, dust, and water can create fire hazards.
4. Ensure electrical panels and junction boxes remain easily accessible.
5. Keep flammable materials away from electrical heat sources and lights.
6. Know where the fuses and circuit breakers are located.
7. Do not overload outlets. If you’re unsure about the power capacity, check with maintenance first.
Report any tripped circuits to maintenance and never try to fix or reset them yourself.
8. Report any unsafe conditions like shocks, sparks, overheating, exposed wiring, broken plugs, frayed cords, missing face-plates, or tampered equipment.
Stay alert and follow these practices to avoid electrical hazards!
EQUIPMENT SAFETY
The City uses various equipment to provide services to residents. While each piece of equipment has its own safety requirements, the following basic rules apply to all:
1. Only use equipment for its intended purpose.
2. Do not use equipment unless you have been properly trained.
3. Always turn off the power switch before plugging in or unplugging equipment.
4. Avoid wearing rings, jewelry, or loose clothing, especially neckties, when operating machinery.
5. Always wear required Personal Protective Equipment (PPE) like face shields, goggles, or respirators.
For specific office equipment, follow these additional rules:
1. Never use a paper cutter without the finger guard in place. After use, secure the blade in the down position.
2. When using photocopiers, always keep the cover down to protect your eyes from the bright light.
Stay safe and follow these guidelines!
COMPUTER SAFETY
Using personal computers for extended periods can lead to issues like eye strain and Carpal Tunnel Syndrome (CTS). Eye strain comes from staring at the screen for too long, while CTS is caused by repetitive finger movements. Both are linked to prolonged computer use. To reduce these risks, follow these guidelines:
1. Schedule your work: Spread out your data entry tasks throughout the day to allow for regular breaks.
2. Check lighting: Ensure your workspace has adequate lighting. Report any burned-out lights immediately and avoid using the computer until they are fixed.
3. Take breaks: When doing heavy data entry, take regular breaks to rest your eyes and relax your hands, arms, and shoulders. Aim for a 5-minute break for every hour of continuous work.
These steps will help prevent strain and keep you comfortable while working on the computer.
MANAGING STRESS AT WORK
Work-related stress can come from many sources—pressure to meet deadlines, concerns about a sick child, or simply not having enough time. There are healthy ways to handle stress, and while everyone has their own way of coping, sometimes getting a second opinion or realizing that the solution is beyond your control can help.
The City values the privacy of its employees, but if workplace stress becomes overwhelming, employees are encouraged to talk to the Human Resources Department; for resources such as (EAP) Employee Assistance Programs. This conversation will help identify what can be done to manage the stress in a way that benefits both the employee and the organization.
SAFETY AND ACCIDENT PROCEDURES
SAFETY ON THE JOB
It’s every employee’s responsibility to stay aware of safety hazards and follow proper safety practices.
Remember, accidents you’re involved in can also pose risks to your coworkers and the public. The goal of any safety program is to prevent accidents that could lead to injury or property damage.
The City is self-insured for Workers’ Compensation through the Southern California Joint Powers Insurance Authority (CJPIA). This is a no-fault system, meaning it provides care and benefits to employees, regardless of who’s at fault, for work-related injuries or illnesses.
For the Workers' Compensation system to work, it's essential that injuries are reported quickly and accurately. That’s why all employees must immediately report any work-related injury or illness to their supervisor, even if it's a minor injury that only needs first aid.
Ensuring the safety of participants in our facility is a top priority. This is essential not only for their wellbeing but also to minimize personal liability for staff and liability for the governing agency. Staff are required to conduct a daily inspection of both the grounds and equipment to identify any potential hazards.
WHAT TO DO IF YOU’RE INJURED ON THE JOB
1. Report it Right Away: If you’re injured while on duty, report it to your supervisor immediately and fill out the required Incident Report. This applies to all injuries, even if they seem minor and don’t need medical attention. It's important to follow state reporting requirements—failure to do so could result in disciplinary action and affect your Workers' Compensation coverage.
2. Contact the Right Person: Always notify your immediate supervisor or the supervisor on duty. If the injury happens outside normal working hours, try calling your supervisor at home. If you can’t reach them, escalate to the next person in the chain of command.
3. Call the Injury Hot line: Dial 1-855-339-1895. The company nurse will take your information and guide you to the right medical treatment.
4. Follow Up: After receiving treatment, report back to your supervisor or the on-duty supervisor. If you’re instructed to go home, be sure to inform your supervisor before leaving.
5. Supervisor’s Report: Your supervisor must complete a "Supervisor’s Report of Injury" and submit it to the Human Resources Office within 24 hours.
6. Refusing Treatment: If you choose not to receive medical treatment, you’ll need to sign a refusal form acknowledging that treatment was offered but refused.
By following these steps, you help ensure your injury is properly handled and covered under Workers' Compensation.
AUTOMOBILES AND INSURANCE
1. The City does not provide insurance coverage for employee-owned vehicles used for City business.
2. Employees must obtain approval from their supervisor before driving a City-owned vehicle. A copy of the employee’s driver’s license and current auto insurance policy must be submitted to Human Resources and kept on file before the Department and City can grant approval.
3. If an employee needs to use their personal vehicle for City business, mileage reimbursement may be provided according to the rates set by the Internal Revenue Service (IRS). However, prior approval from the Department Director is required.
4. Employees are prohibited from transporting participants of City programs in their personal vehicles under any circumstances.
ACCIDENT PROCEDURES FOR CITY VEHICLES AND PERSONAL VEHICLES USED ON DUTY If you are involved in an accident while driving a City vehicle or your own vehicle while on duty, follow these steps:
1. Do Not Admit Fault: Avoid admitting responsibility for the accident. Only make statements about the incident to law enforcement officers.
2. Collect Information: Record the names and addresses of all injured individuals, the occupants of the other vehicle(s), and any witnesses.
3. Call the Police: Report the accident to the police. Obtain the other vehicle’s license plate number and the driver’s license number. Take photographs of any damage to all vehicles involved.
4. Notify Your Supervisor: Inform your Supervisor immediately following the incident.
5. Report the Incident: As soon as possible after the accident, report it to the office. Be sure to include all details, even if the damage to a City vehicle is minimal. (Note: All damage to City vehicles, regardless of severity, must be reported.)
HEALTH PROTECTION
The health and safety of all individuals on City property is of utmost importance. It is essential that all protective measures are strictly enforced to prevent accidents and promote well-being. The following procedures are vital for maintaining a safe and healthy environment:
1. Lavatories: Ensure that all lavatories are maintained in a clean and sanitary condition. These areas should be checked and cleaned at least every 30 minutes. Janitorial supplies are available at all City facilities to help maintain cleanliness.
2. Drinking Fountains: Regularly inspect and clean drinking fountains to ensure they are sanitary.
They should be checked for cleanliness at least every 30 minutes.
3. Illness Protocol: If children or participants show signs of illness, they should be sent home immediately. If a child is unable to go home, they should be kept away from group activities and their supervisor must be notified promptly.
4. Equipment Inspection and Use: Conduct frequent inspections of all equipment to ensure it is in safe working condition. Provide proper instructions to all children or participants on the correct and safe use of equipment.
5. Food Safety: Adhere to all health and safety protocols when serving food, including summer lunches and other food programs. Proper handling, storage, and hygiene practices must be always followed.
ACCIDENT PREVENTION
In the event of a minor accident at any City facility, staff may use the available first aid supplies. Only basic care—such as rinse, water, and bandages—should be provided.
For serious accidents, keep the victim calm and immediately call 911. Do not attempt to transport the victim or call a private ambulance service on your own.
Notify your supervisor as soon as possible and complete an Incident Report promptly after the situation is under control.
Important Guidelines:
• Do not administer antiseptics, aspirin, or any medication or related treatment. • Do not remove foreign objects (e.g., glass, splinters). • Provide Red Cross First Aid only.
• Keep your Red Cross certification materials with you while on duty.
ACCIDENT RESPONSE PROCEDURES
1. Serious Accidents: In the event of a serious accident, follow these steps immediately:
a. Do a quick check – Ensure the victim is breathing.
b. Stop any bleeding using appropriate pressure or bandages. c. Treat for shock – Refer to American Red Cross First Aid guidelines. d. Do not move the victim unless absolutely necessary for safety reasons. e. Call 911 – Provide your name, the site address, your exact location on-site, and a contact phone number. Share any relevant information about the victim’s condition.
f. Notify your supervisor and Human Resources immediately. g. Complete an accident report and submit it as soon as possible to the Human Resources department.
h. Do not release an injured child to anyone other than their parent or legal guardian. **Note: Never call a private ambulance service under any circumstances.
2. Non-Serious Accidents / Basic First Aid: For minor injuries:
a. Apply basic first aid only – Clean the wound with soap and water and apply a bandage. b. Complete an accident report and submit it to your supervisor promptly.
Liability Disclaimer: Employees must not provide information or make statements regarding the City’s liability. Under no circumstances should any City employee imply, suggest, or accept responsibility or liability on behalf of the City.
STATEMENTS
From time to time, insurance investigators or other parties may approach City employees seeking information about accidents that occurred on City property or involving City equipment. While some inquiries may be legitimate, it is important to recognize that statements made in such circumstances can sometimes be used in a way that could lead to liability for the City.
To protect both yourself and the City, employees should refrain from making any statements or discussing the details of any accident or incident where a claim has been or could be filed against the City.
If you are approached by an investigator, adjuster, or any other party asking for such information, you should direct them to your immediate supervisor. All inquiries regarding potential claims or liability should be handled by the appropriate City personnel.
HEALTH PROTECTION
Every possible protective measure forms the standpoint of health or accident prevention must be enforced. The following procedures are vital in preventing accidents:
1. Lavatories must be kept clean and should be checked at least every thirty minutes. Janitorial supplies are kept at all City facilities in order to keep the lavatories presentable.
2. Drinking fountains must be kept clean and should be checked at least every half hour.
3. Children or participants who are ill should be sent home. If the child cannot go home, keep them from playing and contact your supervisor.
4. Inspect equipment frequently and instruct all children in its proper use.
5. Follow all health and safety procedures regarding the serving of summer lunches and other food programs.
PROPERTY DAMAGE, VANDALISM, AND INCIDENT REPORTING
When an incident or damage is noted by a staff member, the following steps should be taken immediately to ensure proper reporting and resolution:
VANDALISM & PROPERTY DAMAGE
1. Notify Your Supervisor: Inform your supervisor as soon as vandalism or property damage is discovered.
2. Contact the Sheriff’s Department: Notify the Sheriff’s Department to file a report if the damage requires investigation.
3. Preserve the Scene: If possible, leave the area as you found it. This may assist the Sheriff in conducting a thorough investigation.
4. Emergency Repairs: If the damage poses a risk or requires immediate attention, consult the emergency numbers provided to each staff member for repair services.
5. Stay on Site: Do not leave the area until the damage is sufficiently repaired and the space is secure.
6. Complete a Vandalism Report: Staff must complete a vandalism report and forward it to their supervisor as soon as possible.
GRAFFITI
1. Immediate Reporting: A graffiti report should be submitted to your supervisor as soon as graffiti is noticed.
2. Removal Efforts: Attempt to remove the graffiti using soap, water, or the graffiti remover provided at the site.
3. Further Action: If the graffiti cannot be removed, inform your supervisor and note the situation in your graffiti report.
INCIDENT REPORTING
1. Submit an Incident Report: An Incident Report should be submitted to your supervisor for any significant incident that occurs on the site.
2. Examples of Incidents: Complaints from patrons; Fights or altercations; Unauthorized use of facilities; and Intoxicated patrons, etc.
EMERGENCY PREPAREDNESSS AND RESPONSE
All employees of South El Monte are members of the City’s Emergency Preparedness Response Team. In the event of an emergency—whether it's a fire, chemical spill, earthquake, flood, or other catastrophic events—you will have specific tasks to carry out as part of the team’s response efforts.
Your supervisor will review your assigned duties in detail, ensuring you understand your role and responsibilities in the event of an emergency. It is crucial that you familiarize yourself with these assignments and follow all safety protocols to help protect yourself, your colleagues, and the community.
TRANSPORTATION
SERVICE POLICY
SOUTH EL MONTE TRANSPORTATION SERVICES
The South El Monte City Council established the Transportation Division to ensure that the transportation needs of all residents are met. This division was specifically designed to provide specialized services for seniors (60 years and older) and legally disabled residents of all ages.
The City remains committed to meeting the diverse transportation needs of its community by offering a range of services that make it easier for residents to navigate the City.
Dial-A-Ride Program
The City operates an on-demand transportation service through its Dial-A-Ride program. This program offers curb-to-curb transportation for:
• Residents aged 60 and over.
• Legally disabled individuals of any age.
The Dial-A-Ride service provides transportation within the City limits, as well as to destinations within a 15-mile radius outside of the City for medical appointments.
Youth and Special Event Services
In addition to services for seniors and disabled residents, the City offers transportation for youth participating in the City-sponsored after-school and summer camp programs. On a limited basis, transportation services are also available for youth and senior excursions, as well as special events that are sponsored by the City or approved by the City Council.
DIAL-A-RIDE SERVICE POLICIES
The South El Monte Transportation Dial-A-Ride is a demand-response service that offers curb-to-curb transportation to and from any destination within the City limits of South El Monte. This service is available based on space availability and is specifically provided to senior and disabled residents of the City.
Hours and Days of Operation
The South El Monte Dial-A-Ride service operates five days a week, following this schedule:
Monday through Friday: 8:30 a.m. to 4:00 p.m.
The last pick-up for passengers within the City limits is at 4:00 p.m. If the passenger is located outside the City limits, the last pick-up time will vary based on the location.
Holidays and Observed Closures
The Dial-A-Ride service will be closed on the following holidays:
• New Year’s Day
• Martin Luther King Jr. Day
• Presidents Day
• Memorial Day
• Independence Day
• Labor Day
• Columbus Day
• Veterans Day
• Thanksgiving Day
• Christmas Day
*Operating hours may vary during holidays and observed holiday periods.
PROGRAM ELIGIBILITY
To qualify for the South El Monte Dial-A-Ride service, passengers must meet the following criteria:
• Seniors: Riders must be 60 years of age or older. A photo ID with the rider's birthdate and address is required as proof of senior status.
• People with a Disability: Passengers under 60 who have a disability are eligible for the service.
Physician verification is required to confirm disability status. Alternatively, other official disability documents, such as an ACCESS Service card, student special needs assessment, or other similar records, will be accepted as proof of disability. • South El Monte Residents: The service is limited to South El Monte residents only. Eligible passengers must reside within the City’s jurisdictional boundaries. South El Monte postal addresses outside the City limits do not qualify. Proof of residency is required, such as:
o Utility bill.
o Lease agreement.
o Official government letter with the passenger’s name and address. o Or other acceptable documentation.
PRE-REGISTRATION
All passengers must pre-register before utilizing the South El Monte Dial-A-Ride service. Preregistration ensures eligibility for the program. The process is as follows:
1. Complete the Registration Form
Every passenger must fill out a South El Monte Dial-A-Ride Application. If a passenger requires a caregiver, the caregiver must also complete a separate application.
2. Submit the Form and Required Documents
Once the application is completed, it can be submitted in person or via U.S. mail to the South El Monte Senior Center at:
South El Monte Senior Center
1556 Central Ave.
South El Monte, CA 97133
The registration form is available Online on the South El Monte Transportation page:
https://cityofsouthelmonte.org/278/Transportation-Services-Dial-A-Ride
3. Eligibility Confirmation
After submission, the application will be reviewed, and the passenger’s eligibility will be verified by transportation staff. If eligibility status cannot be confirmed, the applicant will be notified within 10 working days. No cards will be issued.
Scheduling A Trip
To schedule a trip with South El Monte Dial-A-Ride, passengers can call (626) 448-0131. Requests can be made up to six days in advance and are processed on a first-come, first-served basis, depending on availability.
• Advanced Requests: Trip requests can be made up to six days in advance. • 24-Hour Request: A request made 24 hours in advance will be honored based on availability, though it’s recommended to schedule trips 4-6 days in advance for best results.
In the event that a requested time cannot be accommodated, passengers will be offered the next available time slot.
Return Trips
For passengers requesting an outbound trip with a return trip, the return trip can be scheduled at the same time, as long as the return time is reasonably certain. If the return time is uncertain, passengers can call within a reasonable time-frame, and a driver will be sent within a 15-45 minute wait period.
Required Information for Scheduling
When calling to book a trip, passengers must be prepared to provide the following details:
• First and last name.
• Telephone number.
• Home address.
• Pick-up location (If at a large complex, a specific description may be needed). • Drop-off location (including address).
• Desired drop-off time.
• Number of passengers.
• Special accommodations (e.g., wheelchair, walker, caregiver). • If the return trip is over an hour from the drop-off time, passengers may schedule the return trip at the same time.
Caregiver Notification and Registration
If the passenger requires a caregiver, they must inform the reservation attendant at the time of booking.
Please note that Dial-A-Ride is a curb-to-curb service and does not provide assistance with entering or exiting buildings or homes.
Caregivers are permitted on the South El Monte Transportation Dial-A-Ride service to assist passengers with disabilities, provided they meet the following requirements:
• Age: Caregivers must be at least 18 years of age.
• Physical Condition: Caregivers must be in good physical condition to assist the passenger. • Travel Requirements: Caregivers must travel with the certified passenger from the same point of origin to the same destination. They are not charged a fare and may ride free of charge.
Caregiver Registration: Caregivers must complete the South El Monte Dial-A-Ride transportation form to be added to the trip.
Limit: Only one caregiver per passenger is allowed.
Operating Hours for Scheduling
Trip requests are accepted Monday through Friday, from 8:00 a.m. to 4:00 p.m. Requests are processed on a first-come, first-served basis, subject to space availability.
GENERAL POLICIES
AMERICANS WITH DISABILITIES ACT REQUIREMENTS
The Americans with Disabilities Act (ADA) WAS ENACTED ON THE July 26, 1990 (Public Law 101- 36). The Americans with Disabilities Act is a federal law providing equal opportunities in employment, public accommodations, public services, telecommunications, and transportation to persons with disabilities. The purpose of ADA paratransit service (often referred to as a Dial-A-Ride service) is to provide equal transportation for persons unable to use regular fixed-route bus service due to a disability or other condition.
The City of South El Monte Dial-A-Ride operates vehicles equipped with industry standard wheelchair lifts and wheelchair straps that meet the ADA requirements.
TITLE VI POLICY
The City of South El Monte operates its Dial-A-Ride transportation services and related programs in compliance with Title VI of the Civil Rights Act of 1964. The City ensures that no person is excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity on the basis of race, color, or national origin.
Any individual who believes they have been subjected to unlawful discriminatory practices under Title VI may file a complaint with the City of South El Monte.
To file a complaint, please contact:
City of South El Monte
1556 Central Avenue
South El Monte, CA 91733
Phone: (626) 448-0131
For more information, please refer to the City of South El Monte’s Title VI Policy and Procedures.
CITY OF SOUTH EL MONTE TITLE VI POLICY AND PROCEDURES
POLICY STATEMENT
The City of South El Monte is committed to ensuring equal access to all its services and programs, and to ensuring that no person is excluded from participation, or denied the benefits of City services, on the basis of race, color, or national origin, as outlined in Title VI of the Civil Rights Act of 1964.
PURPOSE
This policy is designed to ensure that the City’s programs—including but not limited to fares, routes, schedules, and the overall quality of transportation services—are delivered without discrimination based on race, color, or national origin.
SCOPE OF APPLICATION
This policy applies to all City employees, contractors, vendors, and customers, and governs all activities and services provided by the City of South El Monte.
1. GENERAL PRINCIPLES
The City of South El Monte is dedicated to fostering an inclusive environment where individuals are not excluded from participation in services, or deprived of benefits, based on their race, color, or national origin. The City is also committed to advancing environmental justice for all residents. The City will achieve these goals through the following actions:
• Ensuring that all services are provided equitably, without discrimination based on race, color, or national origin.
• Promoting meaningful and inclusive participation by all potentially impacted communities in the decision-making process regarding City services.
• Preventing any denial, reduction, or delay of benefits associated with City programs or services based on race, color, or national origin.
• Ensuring that programs and activities serving minority and low-income populations are not subject to discrimination, reduction, or delay.
• Providing individuals with Limited English Proficiency (LEP) meaningful access to all City programs, services, and activities.
ENFORCEMENT AND COMPLIANCE
The City will continually monitor, assess, and ensure that its services are in compliance with Title VI and that no individual or group is subjected to discrimination under any of its programs or services. Any violation of this policy will be addressed promptly.
2. PROCEDURES FOR FILING AND INVESTIGATION TITLE VI COMPLAINTS Any individual who believes they have been discriminated against based on race, color, or national origin while accessing City services may file a complaint.
Individuals with Limited English Proficiency (LEP) who require assistance may contact:
City of South El Monte
1415 N. Santa Anita Avenue
South El Monte, CA 91733
Ph: (626) 579-6540
2.1 Filing a Complaint
A formal complaint must be filed within 180 days of the alleged discriminatory incident.
Complaints may be submitted in writing to:
Attn: City Manager
City of South El Monte
1415 N. Santa Anita Avenue
South El Monte, CA 91733
Complaints can also be submitted online via the City’s Civil Rights Complaint Form, available at: https://www.cityofsouthelmonte.org/
Once completed, online or paper complaint forms should be directed to the City Manager’s Office.
City employees who become aware of a discrimination complaint must immediately notify the City Manager for appropriate handling.
2.2 Complaint Review Process
Upon receipt of a complaint, the City will review it to determine jurisdiction by assessing whether:
* The complainant alleges discrimination based on race, color, or national origin.
If jurisdiction is confirmed:
• An investigator will be assigned within 24 hours of review. • The complainant will receive a written acknowledgment stating whether the complaint will be investigated.
• All complaints will be handled promptly, fairly, and in a confidential manner.
If the complaint does not fall under the City’s Title VI jurisdiction, it will be referred to the appropriate agency or department, and the City will be notified of the steps taken to resolve the issue.
2.3 Investigation Process
The assigned investigator will undertake the following steps:
• Contact the relevant department management to determine if an internal investigation has occurred and obtain any findings.
• Review all pertinent documents, policies, and procedures. • Interview individuals with knowledge of the incident, including:
o The complainant;
o Witnesses;
o Individuals identified by the complainant;
o Others who may have experienced similar issues;
o Any additional parties with relevant information.
The investigation and final report are typically completed within 120 days of assignment.
2.4 Appeals Process
If the investigation concludes that no Title VI violation occurred, the complainant may appeal the decision by submitting a written request to the City Manager’s Office.
2.5 Subsequent Complaints and Amendments
• Any new or amended complaint must be submitted using the Civil Rights Complaint Form, or in any written format, including email.
• The City will evaluate whether the new or amended claim should:
o Be incorporated into the original complaint, or
o Be treated as a separate investigation.
Upon completion of the investigation, the assigned investigator will prepare a final investigative report that outlines the findings and conclusions. This report will be submitted to the City Manager and a copy will be provided to the City Attorney.
Written notification of the investigative findings will be sent to all principal parties involved in the complaint, informing them of the outcome and any further actions, if applicable.
2.6 Implementation of Remedial Actions
If the investigation determines that a policy violation has occurred, appropriate remedial actions will be initiated immediately to address the issue and prevent future occurrences.
These actions will be tailored to the specific nature of the violation and may include corrective measures, policy revisions, or disciplinary action as needed.
3. DEFINITIONS OF TERMS
Title VI – Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin by recipients of federal financial assistance.
Equal Opportunity – The requirement for non-discrimination in City services with respect to race, color, or national origin, as mandated by Title VI of the Civil Rights Act of 1964, as amended. The City also prohibits discrimination based on sex, age, disability, religion, medical condition, marital status, or sexual orientation.
Discrimination – Any act, or failure to act, whether intentional or unintentional, that limits, excludes, or denies a person access to transit services or benefits due to race, color, or national origin.
Environmental Justice – Efforts aimed at preventing minority and low-income communities from facing disproportionately high and adverse environmental impacts.
4. RESPONSIBILITIES
The Human Resources Department maintains a log of all complaints received. The log includes the date the complaint was filed, a summary of the allegations, the current status of the complaint, and any actions taken by the City to resolve the issue.
CITY OF SOUTH EL MONTE TITLE VI COMPLAINT FORM
The City of South El Monte is committed to ensuring that no individual is excluded from participation in or denied the benefits of its services based on race, color, or national origin, as outlined in Title VI of the Civil Rights Act of 1964, as amended.
The following information is necessary to assist us in processing your complaint. If you require assistance in completing this form, please contact City Hall at 626-579-6540. The completed form must be submitted to City of South El Monte, City Manager’s Office, 1415 N. Santa Anita Ave., South El Monte, CA 91733.
Name:
Street Address:
Phone: Alternative Phone:
Date of Incident: Time of Incident: ___________
Which of the following best describes the reason for the alleged discrimination?
_____ Race
_____ Color
_____ National Origin
_____ Other (Please explain below)
Please describe the incident, including what occurred, who you believe was responsible, and any other relevant details. Use the next page if more space is needed.
Have you filed a complaint with any other federal, state or local agencies (Check one) _____ Yes _____ No
If yes, list agency or agencies and contact information below:
Agency:
Street Address:
Phone:
Contact Name:
Agency:
Street Address:
Phone:
Contact Name:
I affirm that I have read the above charge, and to the best of my knowledge, the information provided is true and accurate.
Complainant’s Signature Date
Print or Type Name of Complainant
Date Received:
Received By:
Complaints related to Title VI of the Federal Transit Administration (FTA) may also be submitted directly to:
Federal Transit Administration
Office of Civil Rights, Region IX,
201 Mission Street, Suite 1650,
San Francisco, California 94105-1839
POLICY ON MANDATORY
REPORTING OF ELDER
AND DEPENDENT ADULT
ABUSE AND NEGLECT
CITY OF SOUTH EL MONTE
POLICY ON MANDATORY REPORTING OF ELDER
AND DEPENDENT ADULT ABUSE AND NEGLECT
I. PURPOSE
Under California’s Elder Abuse and Dependent Adult Civil Protection Act (the “Elder Abuse Act”), Welfare and Institutions Code Sections 15600 et seq., employees of public facilities that provide care or services for elder or dependent adults in the course of their professional duties are legally required to report known or suspected abuse. The Elder Abuse Act refers to these individuals as “mandated reporters.”
II. POLICY
The Elder Abuse Act is intended to address the specific needs and challenges faced by elderly persons and dependent adults. It does so by:
• Imposing a legal duty on certain professionals to report suspected abuse; • Facilitating the collection of data to enable timely and compassionate responses by the State; • And providing legal protections for individuals who report suspected abuse in good faith.
It is the policy of the City of South El Monte to fully comply with the obligations set forth under the Elder Abuse Act. Accordingly:
• All City of South El Monte employees who are mandated reporters are required to report suspected elder or dependent adult abuse to law enforcement or other designated agencies, as prescribed by law.
• In addition, all employees—regardless of mandated reporter status—are expected to report any observations, actual knowledge, or reasonable suspicions of abuse involving an elder or dependent adult that occurs at a City facility or is perpetrated by City personnel.
This policy:
• Identifies which employees are legally required to report under the Act; • Outlines the required timeline and procedures for reporting; • Provides protections for individuals who report suspected abuse; • Details potential penalties for non-compliance;
• And sets forth additional responsibilities for City employees and volunteers in preventing and responding to elder and dependent adult abuse.
III. APPLICABILITY
This policy applies to all employees of the City of South El Monte, regardless of their employment status. All employees designated as mandated reporters are required to report any known or suspected abuse of elder or dependent adults in accordance with this policy and applicable state law. Employees who are not classified as mandated reporters but who witness or suspect such abuse are strongly encouraged to follow the reporting procedures outlined in this policy.
IV. MANDATED REPORTING RESPONSIBILITIES AND REQUIREMENTS Mandated Reporters:
A mandated reporter is any individual who has full or intermittent responsibility for the care or custody of an elder or dependent adult. This includes, but is not limited to:
1. Employees (including maintenance workers), volunteers, supervisors, or administrators of a public facility that provides care or services to elder or dependent adults;
2. Elder or dependent adult care custodians;
3. Employees of a county adult protective services agency;
4. Employees of a local law enforcement agency.
Under state law, the following positions within the City of South El Monte are considered mandated reporters:
• All City of South El Monte employees whose duties involve providing care or services to elder or dependent adults;
• All positions within the Community Services Department – Senior Services and Transportation Division, including:
o Director of Community Services;
o Community Services Manager;
o Senior Services & Transportation Supervisor;
o Senior Services & Transportation Coordinator;
o Transportation Coordinator;
o Senior Recreation Leader;
o Recreation Leader;
o Drivers.
A comprehensive list of positions defined as mandated reporters is provided in the California Welfare and Institutions Code, Sections 15630 and 15610.17, and is included as Appendix A to this policy.
Identification of Mandated Reporters.
Identification of Mandated Reporters
The City of South El Monte will identify job classifications, individual employees, and volunteers who, based on their professional license, job qualifications, or responsibilities, are considered mandated reporters under the law. These individuals will be informed of their reporting obligations and designated status as mandated reporters. Additionally, they will be provided with a copy of this policy upon the commencement of their employment or volunteer service with the City of South El Monte.
Non-Mandated Reporters
Non-mandated reporters are all City of South El Monte employees whose positions are not identified as mandated reporters.
While non-mandated reporters are not legally required to report elder or dependent adult abuse or neglect, the City of South El Monte strongly encourages all employees and volunteers to report any known or suspected instances of such abuse or neglect and to comply with the procedures outlined in this policy.
Definitions
Elder: An elder is any person 55 years of age or older who resides in the State of California.
Dependent Adult: A dependent adult is any person between the ages of 18 and 54 who resides in California and has physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights. This includes, but is not limited to:
• Individuals with physical or developmental disabilities; • Individuals whose physical or mental abilities have diminished due to age; • Individuals between the ages of 18 and 54 who are admitted as inpatients to a 24-hour health facility.
Reasonable Suspicion: Reasonable suspicion exists when it is objectively reasonable for a person, based on facts or circumstances, to suspect that an elder or dependent adult is being abused.
Abuse of an Elder or Dependent Adult: The following categories of abuse must be reported under this policy and state law:
Physical Abuse: Includes assault, battery, unreasonable physical restraint, prolonged or continual deprivation of food or water, over-medication or under-medication, and use of physical or chemical restraints or psychotropic medications when:
• Used for punishment;
• Used beyond the duration prescribed; or
• Used for any purpose not authorized by a licensed physician or surgeon.
Sexual Assault: Includes sexual battery, rape, spousal rape, rape in concert, incest, sodomy, oral copulation, or the penetration of a genital or anal opening by a foreign object.
Neglect: The negligent failure of a person responsible for the care or custody of an elder or dependent adult to exercise the degree of care that a reasonable person in a similar position would exercise. It may also include the failure of the elder or dependent adult to exercise reasonable self-care.
Examples of neglect include:
• Failure to assist with personal hygiene;
• Failure to provide adequate food, clothing, or shelter; • Failure to provide necessary medical or mental health care; • Failure to protect from health or safety hazards;
• Failure to prevent malnutrition or dehydration.
Self-neglect may occur when the elder or dependent adult is unable to meet their own needs due to factors such as ignorance, illiteracy, incompetence, mental or physical limitations, substance abuse, or poor health.
Abandonment: The desertion or willful forsaking of an elder or dependent adult by a person who has care or custody of that individual, under circumstances where a reasonable person would continue to provide care and custody.
Financial Abuse: Financial abuse of an elder or dependent adult occurs when a person or entity:
1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for wrongful use or with intent to defraud, or both;
2. Assists in any of the above acts with wrongful intent or intent to defraud;
3. Engages in any of the above acts through undue influence.
Isolation: Isolation includes any of the following intentional acts committed to prevent an elder or dependent adult from interacting with others:
• Preventing the receipt of mail or telephone calls;
• Falsely informing a caller or visitor that the individual is not available, does not wish to speak, or does not wish to meet, when such statements are untrue and contrary to the individual’s express wishes;
• False imprisonment;
• Physically restraining the individual to prevent visits or communication with others.
Abduction: The removal of an elder or dependent adult from the State of California and the restraint of that individual from returning, when:
• The individual lacks the capacity to consent; or
• The individual is a conservatee, and removal or restraint occurs without the consent of the conservator or the court.
Other Forms of Abuse:
Includes any other treatment that results in physical harm, pain, or mental suffering, as well as the deprivation by a care custodian of goods or services necessary to prevent such harm or suffering. **Note: A brief overview of common warning signs of possible abuse or neglect is included in Appendix B.
Reporting Requirements: All mandated reporters are legally required to report observed, known, or reasonably suspected instances of abuse involving an elder or dependent adult. This duty includes situations where:
• The abuse is directly observed;
• The elder or dependent adult reports the abuse to the mandated reporter; • The mandated reporter becomes aware of potential abuse in a professional capacity or during the course of their employment.
This obligation applies regardless of whether the suspected abuse involves a City of South El Monte employee or occurs at a City-operated facility.
Making a Report of Observed or Suspected Elder Abuse: When a mandated reporter observes or suspects elder or dependent adult abuse, or is informed by the victim of such abuse, they must take the following steps immediately or as soon as practically possible:
• Make an Initial Report by Telephone
o Call Adult Protective Services (APS) or the local law enforcement agency to report the suspected abuse.
• Los Angeles County APS: (Insert Number);
• Local Law Enforcement: (626) 285-7171;
• Submit a Written Report (SOC 341 Form).
Within two (2) working days of the telephone report, the mandated reporter must complete and submit
the Report of Suspected Dependent Adult/Elder Abuse (Form SOC 341) to the same agency contacted by phone.
Copies of the SOC 341 form and reporting instructions are available in Appendix C of this policy.
Make an Immediate Telephone Report:
As soon as possible, contact County Adult Protective Services at (877) 477-3646 or the Temple Sheriff’s Station at (626) 285-7171 to report any known or suspected elder or dependent adult abuse.
Additional contact information for other authorized reporting agencies can be found in Appendix C.
Contents of an Immediate Telephone Report: When making a telephone report to the designated agency, the reporter should provide the following information, to the extent known:
• Name of the mandated reporter;
• Name and age of the elder or dependent adult;
• Current location of the elder or dependent adult;
• Names and addresses of family members or any other adult responsible for the elder’s or dependent adult’s care;
• Nature and extent of the elder’s or dependent adult’s condition; • Date of the incident;
• Any other relevant information, including details that led the reporter to suspect elder or dependent adult abuse, as requested by the receiving agency.
Important:
Reports must be made even if some of this information is unknown or uncertain. • Additional reports may also be submitted Online to Adult Protective Services through their official website: APS Online Reporting Form
https://hsslacountyprod.wellsky.com/assessments/?WebIntake=A6DCB64F-7D31-4B6D-88D6- 0A8FA7EA505F
Follow-Up Written Report
All mandated reporters must submit a written report within two working days of making the initial telephone report.
• The written report must be completed using the official Report of Suspected Dependent Adult/Elder Abuse Form (SOC 341), issued by the State of California Office of the Attorney General.
• Copies of Form SOC 341 are also available at the City of South El Monte Personnel Department. • The completed form must be sent—by mail or fax—to either the County Welfare Department or the local law enforcement agency serving the City of South El Monte.
Joint Knowledge of Suspected Abuse or Neglect
When two or more individuals are aware of the same suspected incident of elder or dependent adult abuse, they may agree that one person will make both the immediate telephone report and the followup written report on behalf of the group.
However, if any individual becomes aware that the required reports were not made, they are legally obligated to immediately submit the reports themselves.
Internal Reporting to the City of South El Monte
Mandated Reporters
In addition to the state-mandated reporting requirements described above, all mandated reporters must also promptly report any observed or reasonably suspected abuse of an elder or dependent adult to one of the following:
• Their direct supervisor;
• A manager;
• The City of South El Monte Personnel Department.
These internal reports may be made anonymously.
Important:
Submitting an internal report to the City of South El Monte does not replace the legal requirement to:
• Make an immediate telephone report, internet report; or • Submit the follow-up written report (SOC 341).
Other Agency Employees and Volunteers
Employees and volunteers of the City of South El Monte who are not designated as mandated reporters are still required to report any observed or reasonably suspected abuse of an elder or dependent adult.
These reports must be made to:
• Their direct supervisor;
• A manager; or
• The City of South El Monte Personnel Department.
V. MANDATED REPORTER SAFEGUARDS
A. Statutory Safeguards. The California Welfare and Institutions Code sets forth a number of safeguards for mandated reporters. A summary of these safeguards is provided below, but employees with questions about these safeguards should contact County Adult Protective Services at (877) 477- 3646 or the Temple Sheriff’s Station at (626) 285-7171.
1. Confidentiality
Reports of suspected elder or dependent adult abuse — including the identity of the person making the report — are confidential. This information can only be shared with specific agencies authorized by law, such as:
• Adult Protective Services (APS);
• Law enforcement;
• Prosecutors;
• Other parties with a court order.
Even these authorized parties cannot share the reporter’s identity with the City of South El Monte without the reporter’s consent or a court order.
2. Immunity from Liability
Anyone who makes a report in good faith is protected from civil or criminal liability.
This protection does not apply if the person knowingly files a false report or acts with reckless disregard for the truth.
3. Indemnification
If an employee is sued because they made a good faith report, the City of South El Monte will provide legal defense and protection in accordance with the law.
4. No Retaliation
It is strictly prohibited for any supervisor, administrator, or employee to:
• Prevent someone from reporting abuse;
• Punish or retaliate against someone for making a report.
Employees who believe they have been retaliated against should report the issue to Human Resources or the City Manager. The City will investigate and take appropriate action.
Anyone who tries to interfere with a mandated reporter’s duty may face criminal penalties.
VI. PENALTIES FOR FAILING TO REPORT, SUBMITTING FALSE REPORTS, INTERFERING
WITH REPORTING DUTIES, OR VIOLATING CONFIDENTIALITY LAWS A. Disciplinary Action. Failure to fulfill mandated reporting responsibilities under this policy — including failing to report suspected abuse or knowingly making a false report — may result in disciplinary action, up to and including termination of employment.
B. Criminal and Civil Penalties. Mandated reporters who fail to fully comply with their legal reporting obligations may face various criminal and civil penalties. A summary of these penalties is provided below. Employees with questions or concerns about these penalties are encouraged to contact:
• County Adult Protective Services at (877) 477-3646; or • Temple Sheriff’s Station at (626) 285-7171.
Criminal Penalties.
Failure to Report: A mandated reporter who fails to report known or suspected elder or dependent adult abuse, in violation of the Elder Abuse Act, may face:
• Up to 6 months imprisonment;
• A fine of up to $1,000; or
• Both imprisonment and fine.
If the failure to report results in death or great bodily injury, the penalties increase to:
• Up to 1 year imprisonment;
• A fine of up to $5,000; or
• Both imprisonment and fine.
If a mandated reporter intentionally conceals their failure to report, the offense continues until discovered by law enforcement.
These criminal penalties do not apply to employees who are not mandated reporters.
Interfering with Reporting Obligations: Any person (including mandated reporters, employees, supervisors, or City administrators) who impedes or inhibits a mandated reporter’s duty to report may face:
• Up to 6 months imprisonment;
• A fine of up to $1,000; or
• Both imprisonment and fine.
If such interference involves abuse or neglect causing death or great bodily injury, penalties increase to:
• Up to 1 year imprisonment;
• A fine of up to $5,000; or
• Both imprisonment and fine.
Disclosing Confidential Information: Anyone who unlawfully discloses reports of suspected abuse or the identity of the reporting party may be punished by:
• Up to 6 months imprisonment;
• A fine of up to $500; or
• Both imprisonment and fine.
Civil Liability: Anyone who knowingly makes a false report or acts with reckless disregard for the truth may be held financially liable for any damages caused by the false report.
VII. ADDITIONAL INFORMATION AND OBLIGATIONS
A. Training
The City of South El Monte may require employees — including those not classified as mandated reporters — to participate in training on:
• How to identify signs of elder and dependent adult abuse; and • How to properly report suspected abuse in accordance with state law and City policy.
B. Acknowledgment of Mandated Reporter Duties
Before beginning employment, all new employees designated as mandated reporters must sign a statement acknowledging:
• Their understanding of the mandated reporting requirements under Welfare and Institutions Code, Section 15630; and
• Their agreement to comply with these legal obligations.
A copy of this signed acknowledgment will be kept on file with the City of South El Monte Personnel Department.
C. Posting Requirements
Clear information on how to report suspected elder or dependent adult abuse must be posted at the South El Monte Senior Center in a location that is:
• Easily accessible; and
• Visible to all employees.
For additional questions or more information, please contact the Human Resource Department.
CITY OF SOUTH EL MONTE
ACKNOWLEDGEMENT OF POLICY ON REPORTING SUSPECTED ABUSE OF ELDERS AND
DEPENDENT ADULTS, LEGAL REQUIREMENTS, AND STATUS AS A MANDATED REPORTER By my signature below, I acknowledge the following:
• I have received, read, and understood the City of South El Monte’s Policy on Reporting Suspected Abuse of Elders and Dependent Adults, and I agree to fully comply with its terms. • I have also received, read, and understood the provisions of Welfare and Institutions Code, Section 15630, and I will comply with all requirements outlined in that law. • I understand that I am a mandated reporter under California law. Reporting known or reasonably suspected abuse of an elder or dependent adult is my personal legal responsibility. • I understand that failure to report, as required by law, may subject me to criminal and/or civil liability.
• I further understand that failure to comply with the City’s policy and procedures on mandated reporting may result in disciplinary action, up to and including termination of employment.
MANDATED REPORTER ACKNOWLEDGEMENT
Employee’s Name (PLEASE PRINT) Employee’s Date of Hire
Employee’s Job Title/Position Employee’s Department
Employee’s Signature Date
POLICY OF MANDATORY
REPORTING OF CHILD
ABUSE AND NEGLECT
CITY OF SOUTH EL MONTE
POLICY ON MANDATORY REPORTING OF CHILD ABUSE AND NEGLECT I. PURPOSE
Under California’s Child Abuse and Neglect Reporting Act (CANRA), Penal Code Sections 11164– 11174.3, certain employees who have direct contact with or supervise minors (under 18 years of age) as part of their job duties are legally required to report any known or suspected cases of child abuse or neglect. These individuals are classified as “mandated reporters.” Mandated reporters are often in the best position to recognize signs of abuse or neglect and are therefore entrusted with the responsibility of protecting children. The primary intent of CANRA is to ensure the safety and well-being of minors by requiring timely reporting of abuse or neglect.
II. POLICY
The City of South El Monte is committed to full compliance with CANRA. All City employees who are designated as mandated reporters must report known or reasonably suspected instances of child abuse or neglect to appropriate child protective services or law enforcement agencies as required by law.
In addition, the City extends this reporting responsibility more broadly: any City employee—regardless of mandated reporter status—who witnesses, has direct knowledge of, or reasonably suspects abuse or neglect occurring at a City facility or involving City personnel is expected to report it promptly.
This policy:
• Identifies which employees are legally obligated to report under CANRA; • Outlines the procedures and timelines for making a report; • Provides protections for individuals who report in good faith; • Describes the legal consequences of failing to report as required.
III. APPLICABILITY
This policy applies to all employees of the City of South El Monte’s Community Services Department, regardless of employment status.
All employees who are designated as mandated reporters are required to report any suspected child abuse or neglect in accordance with this policy and applicable state laws.
Employees who are not designated as mandated reporters but who observe, or suspect child abuse or neglect are strongly encouraged to follow the reporting procedures outlined in this policy.
IV. MANDATED REPORTING RESPONSIBILITIES AND REQUIREMENTS Mandated Reporters
Under California law, certain professionals who may come into contact with children under the age of 18 in the course of their duties are classified as mandated reporters. These individuals are legally required to report suspected child abuse or neglect.
Within the City of South El Monte, the following positions are identified as mandated reporters:
All employees whose duties involve direct contact with and supervision of minors under the age of 18.
All positions within the Community Services Department, Parks and Recreation Division, including but not limited to:
• Director of Community Services;
• Community Services Manager;
• Recreation Coordinator;
• Recreation Senior Leader;
• Recreation Leader;
• Pool Manager;
• Assistant Pool Manager(s);
• Water Safety Instructor (WSI);
• Lifeguard;
• Cashier/Locker Attendant;
• Drivers;
• Administrators of public day camps;
• Administrators or employees of public youth centers, youth recreation programs, or youth organizations;
• All Police Department employees, Peace officers and Firefighters.
A comprehensive list of positions designated as mandated reporters under California law can be found in California Penal Code Section 11165.7(a) and is included as Appendix A of this handbook.
V. IDENTIFICATION OF MANDATED REPORTERS
The City of South El Monte will identify job classifications and employees who, due to their job duties, qualifications, or professional licenses, are considered mandated reporters under state law. These employees will be informed of their legal obligations and given a copy of this policy when they begin employment.
Non-Mandated Reporters
Employees in positions not identified as mandated reporters are considered non-mandated reporters.
Volunteers are generally not mandated reporters unless specifically stated by law—even if they work directly with children. However, the law encourages volunteers to receive training on recognizing and reporting child abuse and neglect.
The City of South El Monte requires all employees and volunteers, whether mandated by law or not, to report any known or suspected child abuse or neglect and to follow the procedures outlined in this policy.
Reasonable Suspicion
“Reasonable Suspicion” means it is reasonable for someone, based on facts or observations, to suspect child abuse or neglect.
• Certainty is not required.
• Medical proof is not required.
• A suspicion based on reasonable judgment is enough to report.
Note: A minor being pregnant alone is not considered reasonable suspicion of sexual abuse.
Child Abuse and Neglect
The following types of child abuse and neglect must be reported:
• Death of a child caused by anything other than accidental means. • Physical injury to a child caused by anything other than accidental means. • Child sexual abuse, which includes both sexual assault and sexual exploitation. o Sexual assault includes:
Any sexual act with a child;
Intentional masturbation in the presence of a child;
Child molestation;
Any sexual contact with a child.
o Sexual exploitation includes:
Creating, selling, or distributing pornographic material involving children; Having a child participate in sexually explicit performances; Involvement of a child in prostitution.
All employees and volunteers must understand and recognize these forms of abuse. If any of these types of abuse are known or reasonably suspected, they must be reported immediately in accordance with this policy and state law.
Types of Child Abuse or Neglect That Must Be Reported
• Willful Cruelty or Unjustified Punishment: This includes causing or allowing a child to suffer serious physical or emotional pain, or putting the child’s safety or health at risk. While mental suffering alone doesn’t have to be reported, it can be—and must be reported if it involves willful cruelty or punishment.
• Unlawful Corporal Punishment or Injury: Any physical punishment that is done on purpose and results in injury or trauma must be reported.
• Neglect: Both severe and general neglect must be reported if the person responsible is in charge of the child’s care.
o Severe neglect includes things like extreme malnutrition, failure to thrive, or deliberately not providing basic needs like food, shelter, or medical care. o General neglect means failing to provide those basic needs due to carelessness, even if the child isn’t physically hurt.
• Out-of-Home Care Abuse or Neglect: Any of the above types of abuse or neglect that happen in foster care, group homes, or other out-of-home care situations must also be reported.
Note: For common warning signs, see Appendix B.
Reporting Requirements
All mandated reporters are required by law to report any known or reasonably suspected child abuse or neglect involving a child under 18.
This duty applies any time a mandated reporter becomes aware of possible abuse or neglect as part of their job duties, even if:
• The incident did not occur at a City facility; or
• It does not involve a City of South El Monte employee.
How to Report Suspected Child Abuse or Neglect
If you are a mandated reporter and you observe or suspect child abuse or neglect while working, you must take the following steps:
1. Call Immediately
As soon as possible, make a telephone report to one of the following:
• Child Protective Services (CPS) Hot-line: (800) 540-4000; • Temple City Sheriff’s Station: (626) 285-7171.
2. Follow Additional Steps as Required
After the phone call, you may be required to submit a written follow-up report. More details are provided in Appendix C.
Note: Additional contact information for agencies that accept child abuse reports is listed in Appendix C.
Contents of Telephone Report
When making a telephone report of suspected child abuse or neglect, the mandated reporter should provide the designated agency with the following information:
• Your name, business address, and phone number.
• Identify yourself as a mandated reporter and explain your role that requires you to report. • Details that led to your reasonable suspicion, including the source(s) of this information and contact details of any witnesses.
• The child’s information, including name, address, current location, and if known, school, grade, and class.
• Names, addresses, and phone numbers of the child’s parents or guardians, if known. • Information about the suspected abuser, including name, address, phone number, and any other relevant details, if available.
Reports must be made even if some of this information is missing or uncertain.
If You Cannot Make a Telephone Report
If you cannot submit the initial report by telephone after reasonable effort, you must:
• Submit a one-time written report immediately or as soon as possible by fax or electronic transmission, using the official Suspected Child Abuse Report Form (SS 8572) from the California Office of the Attorney General.
• Be available to respond to a follow-up telephone call from the agency receiving your report.
Follow-Up Written Report
Within 36 hours of learning about the suspected abuse or neglect, all mandated reporters must:
• Submit a written report using the Suspected Child Abuse Report Form (SS 8572). • Include all information listed above, plus any non-privileged documents related to the case that you may have.
The form SS 8572 is available online at the California Office of the Attorney General’s website and in the City of South El Monte’s Personnel Department.
Submit the written report to the County Welfare Department or the local law enforcement agency by mail, fax, or electronic transmission.
Joint Knowledge of Suspected Abuse or Neglect
When two or more individuals are aware of the same suspected incident of child abuse, they may agree that one person will make both the immediate telephone report and the follow-up written report on behalf of the group.
However, if any individual becomes aware that the required reports were not made, they are legally obligated to immediately submit the reports themselves.
Internal Report to the City of South El Monte
Mandated Reporters
In addition to the state-mandated reporting requirements described above, all mandated reporters must also promptly report any observed or reasonably suspected abuse of a child to one of the following:
• Their direct supervisor;
• A manager;
• The City of South El Monte Personnel Department.
These internal reports may be made anonymously.
Important:
Submitting an internal report to the City of South El Monte does not replace the legal requirement to:
• Make an immediate telephone report, internet report;or • Submit the follow-up written report (SOC 341).
Other Agency Employees and Volunteers
Employees and volunteers of the City of South El Monte who are not designated as mandated reporters are still required to report any observed or reasonably suspected abuse of a child.
VI. MANDATED REPORTER SAFEGUARDS
Statutory Safeguards. The California Penal Code sets forth a number of safeguards for mandated reporters. A summary of these safeguards is provided below, but employees with questions about these safeguards should contact the County Welfare Department at Los Angeles County Department of Public Social Services Administrative Headquarters (562) 908-8400 or the local law enforcement department [Temple City Sheriff’s Station at (626) 285-7171] serving the [City of South El Monte], such as police or sheriff’s department.
Mandated Reporter Safeguards
1. Confidentiality
Reports of suspected child abuse or neglect — including the identity of the person making the report — are confidential. This information can only be shared with specific agencies authorized by law, such as:
• Child Protective Services (CPS);
• Law enforcement;
• Prosecutors;
• Other parties with a court order.
Even these authorized parties cannot share the reporter’s identity with the City of South El Monte without the reporter’s consent or a court order.
2. Immunity from Liability
Anyone who makes a report in good faith is protected from civil or criminal liability. This protection does not apply if the person knowingly files a false report or acts with reckless disregard for the truth.
3. Indemnification
If an employee is sued because they made a good faith report, the City of South El Monte will provide legal defense and protection in accordance with the law.
4. No Retaliation
It is strictly prohibited for any supervisor, administrator, or employee to:
• Prevent someone from reporting abuse;
• Punish or retaliate against someone for making a report.
Employees who believe they have been retaliated against should report the issue to Human Resources or the City Manager. The City will investigate and take appropriate action.
Anyone who tries to interfere with a mandated reporter's duty may face criminal penalties.
VII. PENALTIES FOR FAILING TO REPORT, SUBMITTING FALSE REPORTS, INTERFERING
WITH REPORTING DUTIES, OR VIOLATING CONFIDENTIALITY LAWS A. Disciplinary Action. Failure to fulfill mandated reporting responsibilities under this policy — including failing to report suspected abuse or knowingly making a false report — may result in disciplinary action, up to and including termination of employment.
B. Criminal and Civil Penalties. Mandated reporters who fail to meet their legal responsibilities may face various criminal and civil penalties. A summary of these potential consequences is outlined below. Employees with questions regarding these requirements should contact the Los Angeles County Department of Public Social Services Administrative Headquarters at (562) 908-8400, or reach out to local law enforcement, such as the Temple City Sheriff’s Station at (626) 285-7171, which serves the City of South El Monte.
Criminal Penalties.
Failure to Report
Any mandated reporter who willfully fails to report known or suspected child abuse or neglect—where such abuse or neglect results in death or great bodily injury—may be subject to criminal penalties. These penalties can include imprisonment for up to one year, a fine of up to five thousand dollars ($5,000), or both. These criminal consequences apply only to individuals legally designated as mandated reporters.
Interference with Reporting Obligations
Any supervisor or administrator of the City of South El Monte who knowingly interferes with or discourages a mandated reporter from fulfilling their legal duty to report may face penalties of up to six months imprisonment, a fine of up to one thousand dollars ($1,000), or both. Additionally, any individual who obstructs the reporting of known or suspected child abuse or neglect—where such abuse or neglect results in death or great bodily injury—may be punished by up to one year of imprisonment, a fine of up to five thousand dollars ($5,000), or both.
Civil Liability
Any individual who knowingly files a false report of child abuse or neglect or does so with reckless disregard for the truth or falsity of the information, may be held civilly liable for any resulting damages.
VIII. ADDITIONAL INFORMATION AND OBLIGATIONS
A. Training
The City of South El Monte requires all employees—including those who are not designated as mandated reporters—to complete training on recognizing and reporting child abuse and neglect.
B. Acknowledgement
Before beginning employment, all individuals hired by the City of South El Monte who are designated as mandated reporters must sign a statement confirming their understanding of and commitment to comply with mandated reporting laws. A copy of this signed acknowledgement will be retained by the City’s Personnel Department. A sample of the required acknowledgement form is attached.
C. Posting Requirements
Information on how to report suspected child abuse or neglect must be prominently displayed in areas accessible to all employees. These postings shall be placed at the City of South El Monte Parks and Recreation Office, Community Center, New Temple Park, Mini Center, and other relevant locations.
CITY OF SOUTH EL MONTE
ACKNOWLEDGMENT OF POLICY ON MANDATED CHILD ABUSE
AND NEGLECT REPORTING AND LEGAL REQUIREMENTS
By signing below, I acknowledge that I have received, read, and understood the City of South El Monte’s Policy on Mandatory Reporting of Child Abuse and Neglect. I agree to comply with all provisions outlined in the policy.
I further acknowledge that I have received, read, and understood the relevant sections of the California Penal Code, specifically Sections 11165.7 and 11166, which define the duties and responsibilities of mandated reporters.
I understand that, as a mandated reporter under California law, I am legally required to report any known or reasonably suspected instances of child abuse or neglect. I recognize that this is an individual legal obligation, and failure to comply with these reporting requirements may result in criminal and/or civil liability.
Additionally, I understand that failure to adhere to the policy or fulfill my mandated reporter responsibilities may result in disciplinary action by the City, up to and including termination of employment.
ACKNOWLEDGMENT OF RECEIPT OF COMMUNITY SERVICES DEPARTMENT EMPLOYEE
SERVICES POLICY AND PROCEDURE MANUAL
I acknowledge that I have received and read the City of South El Monte Community Services Department Employee Services Policy and Procedure Manual. I understand and agree to comply with the policies and procedures outlined in the manual.
I further understand that any violations of the policies contained within may result in disciplinary action, up to and including termination of employment.
________________________________
Employee’s Name (Please Print)
________________________________ ______________________________ Employee’s Signature Date
Employee’s Name (PLEASE PRINT) Employee’s Date of Hire
Employee’s Job Title/Position Employee’s Department
Employee’s Signature Date
ATTACHMENT D
AQUATICS OPERATIONS TABLE OF CONTENTS
I. Primary Aquatics Supervisors
II. Important Phone Numbers and Expectations
a. Our Commitment to the South El Monte Community
III. Arriving to work
a. General Procedures
b. Time Clock & Time Sheets
c. Notification of Absence, Request for Time Off, and Tardiness d. Getting Your Shift Covered
e. Dress Code
f. At-Will Employment
IV. Opening & Closing Responsibilities, Duties, & Procedures V. Cashiers Responsibilities, Duties, & Procedures
VI. Locker Room Attendants Responsibilities, Duties, & Procedures VII. Lifeguards Responsibilities, Duties, & Procedures
a. Lifeguarding Procedures
b. Lifeguard Rotation and Staffing Requirements
c. Lifeguard Certification
d. The Patrons’ Safety
e. General Safety Guidelines
f. Pool Rules
g. General Rescues and Emergency Procedures
h. Drills and Training
VIII. Water Safety Instructor Responsibilities, Duties & Procedures a. Procedures, Lesson Plans, Group Swim Lesson Evaluations IX. Maintenance
a. Janitorial, Mechanical, Chemical
X. Safety Around an Aquatic Environment
a. Inclement Weather and Safety Hazards
XI. Emergency Action Plans
a. Medical Emergency Procedures
b. Disaster/Fire/Earthquake Procedures
c. Chemical Emergency Procedures
XII. Press Relations
XIII. Fecal Accident Procedures
a. Procedure for Formed Stool in the Pool
b. Procedure for Diarrhea in the Pool
c. Procedure for Vomit and Blood in the Pool
XIV. Policy of Mandatory Reporting of Child Abuse And Neglect
I. Primary Aquatics Supervisors
1. Community Services Manager: Jayson Perez
2. Recreation / Aquatics Coordinator: Cristina Pardo
3. Pool Manager: Ryan Montejano
4. Assistant Pool Manager: Aden Segura
These are the key individuals overseeing the operations and management of the Aquatics Center. If you have any questions or need assistance, don’t hesitate to reach out to one of them.
Chain of Command
Community Service Manager
Recreation Coordinator
Pool Manager
Assistant Pool Manager(s)
WSI / Lifeguard
Lifeguard
Aquatics Recreational
Leader/Locker Attendant
Please remember to follow the chain of command.
By communicating through the appropriate channels, we can address issues effectively and maintain a positive, well-organized environment for everyone. Thank you for your cooperation!
II. Important Phone Numbers and Expectations
South El Monte Aquatics Center 626-442-0569
South El Monte Community Center 626-579-2043
Temple City Sheriff’s (Non-Emergency) 626-285-7171
Fire Station #90 911 / 626-444-2581
Recreation Coordinator Cell Phone 626-274-1303
Expectations
• Always ensure you have these numbers readily available and use them as needed for emergencies and specific inquiries.
• For non-urgent issues, please reach out to the appropriate supervisor or coordinator. If it’s an emergency, follow the correct procedures to alert emergency services immediately.
It is important to be familiar with these contacts and know when to use them to keep everything running smoothly.
Our Commitment to the South El Monte Community
As employees of the City of South El Monte, we are entrusted with the responsibility of providing valuable services to our community. Every interaction with patrons should reflect respect, professionalism, and a willingness to assist. We are expected to:
• Treat every patron with kindness and courtesy, always ensuring we address their needs. If there is anything else they may need assistance with, we should ask. • When answering the phone, maintain a polite and friendly tone. Greet callers with “South El Monte Aquatic Center, this is [your name], how can I assist you”? • Be knowledgeable about the aquatics schedule, available programs, and directions to the Aquatic Center. If you’re unsure of any information, consult with the Pool Manager or Assistant Pool Managers for guidance.
• Avoid saying “I don’t know”. Instead, take the initiative to find the answer by reaching out to a supervisor or colleague.
III. Arriving to Work
A. General Procedures
• Set a Positive Example: Always model the behavior you expect from pool patrons. Your actions represent the Aquatics Center.
• No Eating, Drinking, or Smoking: Refrain from eating, drinking, or smoking on the pool deck or at the first aid station, even during breaks.
• Maintain Cleanliness: Keep both the office and pool areas clean and organized at all times. • Professional Conduct: Maintain a professional attitude while on duty. Roughhousing, horseplay, or participating in games (e.g., basketball, water polo, card games) is prohibited during work hours.
• Limit Conversations: Keep “tower talk” focused on work-related matters, such as enforcing pool rules or alerting other guards to any issues.
• Guard Towers Are Off-Limits: Ensure that lifeguard towers are only occupied by authorized personnel.
• Stay Alert: Be vigilant for any suspicious behavior or instances of petty theft, particularly during recreation swim hours.
• Authorized Use Only: Private lessons or any aquatic programs not officially endorsed by the City of South El Monte should never be conducted in the pool. • No Visitors While on Duty: Friends, family, or other non-staff members should not visit you while you’re on duty.
• Be Courteous, Yet Firm: Always be polite, approachable, and professional while enforcing pool rules and regulations. Be consistent and firm when necessary.
By adhering to these guidelines, you contribute to a safe, respectful, and professional environment for both staff and patrons.
B. Time Clock & Time Sheets
All aquatic staff members are required to use the time-card system to clock in and out using the designated timeclock at the Aquatic Center.
• Time Clock Issues: If you encounter any problems with the time-clock machine, please notify your immediate supervisor. They will provide guidance on how to proceed. • Missed Entries: If you miss clocking in or out, inform your supervisor as soon as possible so the issue can be addressed.
• Consistency Matters: Repeated failures to accurately record your time will result in disciplinary action.
It’s essential to maintain accurate timekeeping to ensure fair and accurate payroll processing.
Rest Breaks and Lunch Periods
Rest Breaks (Paid)
Rest breaks are 15 minutes long and are fully paid.
• Shifts under 4 hours: No rest break required.
• Shifts between 4 and 7.75 hours: You get 1 paid 15-minute break. • Shifts between 8 and 10 hours: You get 2 paid 15-minute breaks Meal Periods (Unpaid)
Meal breaks are 30 minutes long and are unpaid. You must be completely relieved of all work duties during this time.
• Shifts under 5 hours: No meal break required.
• Shifts over 5.5 hours: You must take a 30-minute meal break. o Exception: If your shift is 6 hours or less, you can mutually agree with your Senior Leader or Coordinator to waive this meal break if you'd prefer to work straight through.
Reference Table
Total Shift Length Paid 15-Min Breaks Unpaid 30-Min Meal Period Less than 3.5 hours 0 0
4 to 5.5 hours 1 0
5.5 to 6 hours 1 1 (can be waived if agreed)
6 to 7.75 hours 1 1
8 to 10 hours 2 1
Round off to the nearest quarter for clock in and out time:
0:53 minutes to 0:07 minutes - round off to the hour.
0:08 minutes to 0:22 minutes - round off to 0.25 (15 minutes) 0:23 minutes to 0:37 minutes - round off to 0.5 (30 minutes) 0:38 minutes to 0:52 minutes - round off to 0.75 (45 minutes) Special accommodations for breaks or lunch hours may be made for events or unique circumstances, but only with prior documented approval from the immediate supervisor.
Time Sheets
• Submission Deadlines: Timesheets (both paper and online) are due every other Tuesday at the end of your shift. If you’re not scheduled to work on Tuesday, make sure to fill out your timesheet ahead of time.
• Need Assistance: If you’re unsure about how to properly complete your timesheet, please reach out to the Pool Manager or Assistant Pool Manager for guidance. • Late Submissions: Timesheets that are submitted after the deadline may not be processed until the following pay period.
• Paycheck Pickup: Paychecks can be picked up at City Hall after 10:00 AM on payday.
Alternatively, you can sign up for direct deposit for more convenience. • ESS Online Access: You will be provided with ESS Online login credentials to access and manage your timekeeping details.
It’s important to adhere to these deadlines and procedures to ensure timely processing of your pay.
C. Notification of Absence, Request for Time off and Tardiness Absences: It is the policy of the South El Monte Community Services Department that all absences for aquatics personnel must be approved by the Pool Manager or Assistant Pool Manager. Due to the nature of our schedule, please provide advance notice of any absence. Ideally, notify at least an hour before your scheduled shift.
Illness: If you are unable to work due to illness, notify the Pool Manager or Assistant Pool Manager as soon as you realize you will not be able to make your shift. You must call before your scheduled work time. If you cannot reach the Pool Manager directly, contact the Aquatics Center at (626) 442-0569. If needed, after multiple attempts, you can also contact the South El Monte Community Center at (626) 579-2043.
Time Off: Time off requests must be submitted at least two weeks in advance. Requests can be made by submitting a formal time-off request to your immediate supervisor. Important: Requests for time off will not be approved for the first Monday or last Friday of a session.
Requests for time off that exceed four (4) days during a session may result in being released from that session entirely. You may only request time off if you have found a replacement (Lifeguard/Instructor) to cover your shift. Both you and the substitute must sign the time-off request form before submitting it to your supervisor.
Tardiness: If you are going to be late for your scheduled shift, you must call your supervisor as soon as possible to inform them of your delay. All instances of tardiness will be documented on a verbal counseling form, which will be submitted to the Recreation Coordinator. Excessive tardiness will lead to disciplinary action.
D. Getting Your Shift Covered?
• Arriving On Time: Make sure to arrive on time for your scheduled shift to clock in, set up the pool, change into your uniform, and be prepared for your duties. • If You're Going to Be Late: You must call the Pool Manager as soon as possible to explain your reason for being late and provide an estimated time of arrival. Habitual tardiness will not be tolerated and will result in verbal and written warnings, potential loss of hours, and even termination if it continues.
• Absence Without Substitute: Absences from shifts without finding a substitute or obtaining approval from your supervisor are unacceptable. This may lead to possible termination of employment.
• When Finding a Substitute: If you need to have someone cover your shift, fill out a request for time-off form and have it signed by both you and the substitute. The completed form must be posted on the bulletin board beneath the weekly schedule. • Notifying the Pool Manager: If you are unable to work your shift, it is your responsibility to find a substitute and inform the Pool Manager immediately once the shift has been covered.
We appreciate your effort to ensure smooth scheduling and a reliable team environment.
E. Aquatics Dress Code
As a representative of the City of South El Monte and the Community Services Department, it's important to always maintain a professional appearance. The proper uniform ensures that our community members can easily identify you, and it reflects our commitment to quality service.
General Guidelines for Aquatic Staff:
• Professional Appearance: While on duty, Aquatic Staff are expected to be neat, clean, and fully dressed in uniform.
Uniforms Provided by the City:
• Recreation Leaders/Locker Attendants: A t-shirt or polo shirt will be provided. • Pool Managers, Water Safety Instructors (WSI), and Lifeguards:
• Solid blue or red swimsuit, shorts, and/or trunks.
• A whistle and lifeguard cap (optional).
• Pool Managers (working in the office): Black or khaki pants or walking shorts and the shirt provided by the City.
• Cashiers & Locker Room Attendants: Black or khaki pants or walking shorts and the provided Recreation Staff shirt.
Dress Code Specifics:
• No Personal Swimming Attire: Personal swimsuits, t-shirts, or other attire not provided by the City are not permitted.
• Sunglasses: Optional but must be worn in a professional manner. • Wet Suits: May be allowed at the discretion of the Pool Manager. • Parkas: Provided for lifeguards to wear in cool or inclement weather. • No Jeans: Jeans are not permitted as part of your uniform. • Clothing Condition: All clothing should be neat, clean, and free from stains, rips, or tears. • No Excessively Baggy Clothing: Avoid wearing overly baggy pants or shorts. • No Inappropriate Lengths: Shorts and skirts must be at least fingertip length. • No Alterations: Do not alter your uniform by tying, rolling up, or cutting any part of it. • Shirts Replacement: If your shirt is damaged (stains, rips, tears), it must be returned for a replacement.
Headwear:
• Only South El Monte Community Services Department hats are allowed during shifts and are provided as needed (for staff working outdoors).
ID Badges:
• Staff ID Badges are required to be worn at all times during scheduled shifts, except for lifeguards and WSIs when assigned to the water.
• Staff ID badges will be provided to you.
• If your badge is lost or stolen, notify your supervisor immediately.
Uniform Compliance:
• Staff who are not in uniform will be considered off duty and may not be paid for their shift. • City uniforms should only be worn during scheduled shifts and are not to be worn outside of work hours.
Maintaining a neat and professional appearance is an essential part of our role in representing the City of South El Monte and delivering quality service to the community.
F. At-will Employment
Your employment with the City of South El Monte is at-will. This means that either you or the City can end the employment relationship at any time, for any reason, with or without cause, and with or without notice. Additionally, the City reserves the right to transfer, reassign, suspend, demote, or take other actions regarding your position as needed.
This provision ensures flexibility for both the employee and the employer, but it also means that employees are not guaranteed ongoing employment unless otherwise specified.
Personnel Disciplinary Procedures
When consistent coaching or corrective feedback does not lead to the expected improvement in an employee’s performance, the City of South El Monte may implement a process of progressive discipline. This process aims to address performance issues systematically, with the goal of providing employees an opportunity to improve while maintaining a fair and consistent approach.
Documentation is a critical element in the process of progressive discipline, and all incidents related to performance or behavior must be documented as they occur.
If the employee’s performance does not improve despite appropriate verbal and written warnings, more severe disciplinary action may be considered. The specific steps in the progressive discipline process may be bypassed or accelerated depending on the severity of the situation.
Sequence of Progressive Discipline:
1. Verbal Counseling: The employee will be informed of the performance issue or behavior concern in a one-on-one meeting. The supervisor will discuss the issue, clarify expectations, and work with the employee to develop an action plan for improvement.
2. Employee Warning Form: If the issue persists, a written warning will be issued. The warning will outline the nature of the problem, any previous discussions or coaching, and a clear description of the required improvement. The employee will be asked to acknowledge the warning by signing the form.
3. Employee Reprimand Report: If there is still no improvement, a formal reprimand will be issued. This is a more serious written document that highlights continued performance issues and may come with a more detailed corrective plan, specifying the consequences if further improvement is not made.
4. More Severe Discipline: If the behavior or performance continues to fall short, more severe disciplinary actions may be taken, which could include suspension, demotion, or termination, depending on the severity of the issue and the circumstances.
This system allows both the employee and the supervisor to address performance issues fairly and transparently, with the intention of offering a path to improvement before more serious actions are taken.
Verbal Counseling
A Verbal Counseling is a more formal approach than simple coaching. It involves addressing performance issues using references like the Job Standards of Performance, operations manual, staff handbook, or policies and procedures manuals. The supervisor should explain the performance problem clearly, provide specific recommendations for improvement, and outline the actions needed to correct the issue. Documentation of the session is required, including a record of the discussion and the proposed corrective actions.
Employee Warning Form
An Employee Warning Form is issued when performance issues persist. The supervisor should inform the employee that they are receiving the warning due to a work performance problem and refer to any prior verbal counseling or warnings. The supervisor should review the same points covered in the verbal counseling, detailing the problem, expected improvements, and the consequences if no progress is made. The warning form must be documented and signed by both the employee and supervisor.
Employee Reprimand Report
If performance issues continue after an Employee Warning Form, an Employee Reprimand Report (also known as a “write-up”) becomes the next step. The supervisor should meet with the employee to discuss the ongoing performance problems and cite relevant performance standards, manuals, and policies. Previous warnings should be reviewed, and the supervisor should provide clear directions for improvement, along with the consequences of continued poor performance, which may include further disciplinary action, up to and including dismissal. Employees should have the opportunity to respond both verbally and on the report itself. Both the supervisor and employee should sign the form, and copies should be distributed to both parties and filed in the employee’s official personnel record.
More Severe Discipline
In cases of severe or ongoing performance problems, where previous steps have not led to improvement, the matter will be referred to Human Resources for further review and recommendations.
This could include more serious disciplinary action that may affect the employee’s employment status.
TERMINATION GUIDELINES
Employees may face termination under the following circumstances, which are not limited to:
1. Consistent Tardiness: Repeated lateness to work or meetings.
2. Excessive Absenteeism: Ongoing illness or absences that significantly impact work performance.
3. Lack of Initiative: Failure to demonstrate creativity, problem-solving, or adequate performance in the role.
4. Falsifying Records: Any instance of falsifying reports or documentation.
5. Leaving Early: Leaving work before the scheduled time without prior approval.
6. Unapproved Absence: Leaving the worksite without supervisor consent.
7. Inappropriate Interaction with Equipment: Excessive use of equipment or facilities for personal reasons rather than for program participants.
8. Lack of Enthusiasm: A noticeable lack of enthusiasm or effort in promoting and conducting activities.
9. Absence from Required Meetings: Repeated failure to attend mandatory workshops or meetings.
10.Smoking: Smoking on City property.
11.Abuse of Participants: Any form of abuse or mistreatment of Aquatic Center participants.
12.Substance Abuse: Reporting to work or being on the premises under the influence of alcohol, narcotics, or any habit-forming drugs, or possession of these substances on City property.
13.Criminal Conviction: A conviction for a felony or a misdemeanor involving dishonesty or misconduct.
14.Misuse of City Property: Improper or unauthorized use of City-owned property.
15.Unauthorized Remuneration: Accepting rewards, gifts, or other forms of compensation beyond regular salary for performing official duties.
16.Unprofessional Conduct: Using inappropriate language, gestures, or displaying unprofessional attitudes that undermine the reputation of the organization.
17.Improper Use of City Vehicles: Unauthorized use of City vehicles for personal purposes.
18.Alcohol: Drinking of alcoholic beverages while on duty or between shifts.
IV. Opening & Closing Responsibilities, Duties, & Procedures Deposits:
Pool Manager or Assistant Manager is responsible for picking up the cash from the Community Center and making the deposit at the Community Center office by 8:00 p.m. (Monday - Friday).
Weekend Procedures:
On Saturdays, the Pool Manager or Assistant Manager must ensure that the pool is closed by 3:30 p.m., unless there are scheduled reservations.
Daily Opening Procedures
Cashier / Locker Room Attendant:
1. Unlock the Facility: Open the pool doors and deactivate the alarm system.
2. Sweep the Area: Sweep the front entrance and pool deck area to ensure cleanliness.
3. Restroom Check: Unlock the restrooms and check supplies such as toilet paper, seat covers, paper towels, and soap. Restock as needed and notify the Pool Manager if further supplies are required.
4. Locker Room Maintenance: Inspect and clean the locker rooms, showers, and restrooms.
5. Cash Register Setup: Set up the cash box, program binder, and the telephone at the cashier station.
6. Control Entry: Do not allow the public into the facility before the scheduled opening time.
7. Additional Duties: Complete any other tasks as assigned.
WSI / Lifeguards:
1. Pool Cover Removal: Remove the pool covers if necessary.
2. Lighting: Turn on the pool lights.
3. Set Up Equipment: Arrange the equipment needed for WSI classes.
4. Check Pool Setup: Verify and set up all necessary items, including towers, lane lines/ropes, and first aid supplies. Inform the Pool Manager of any issues with equipment or supplies.
5. Check Pool Conditions: Log the temperature, pH, and chlorine levels. Report any irregularities (e.g., abnormal readings, broken equipment, or incorrect water conditions). a. Normal pH range: 7.2-7.6
b. Normal chlorine range: 1.5-3.0
6. Report Issues: Immediately report any incidents of vandalism.
7. Additional Duties: Complete any other tasks as assigned.
Daily Closing Procedures
Before Closing:
• Announce Closing: Notify patrons that the facility is closing. • Lifeguard Responsibility: All lifeguards must remain on deck and continue to monitor the pool until the last patron has exited the water and the deck. • Clean the Pool Deck: Before leaving, ensure the pool deck is tidy. This includes:
o Returning pool buoys and kickboards to their designated places. o Picking up any trash.
o Placing any unclaimed clothing in the lost and found. o Returning lane lines to their original position (if used). • Cover the Pools: Pool covers should be placed over the pools, unless otherwise directed. • Store Equipment: Put away lifeguard and cashier equipment, securing them in the office.
Locker Room & Lost and Found:
Locker Room Items: Collect any personal items left in the locker room and pool deck and place them in the lost and found.
Lights and Security:
Turn off Lights: Make sure all pool and locker room lights are turned off.
Locking Procedures:
• Lock and close the office and locker room doors.
• Check all entry and exit doors/gates by locking them and testing from both the inside and outside. • Inspect the restrooms for cleanliness, turn off the lights, and lock the doors. • Double-check the front doors by pushing or pulling on them from the outside to ensure they are securely closed.
• Activate the Alarm: Once everything is secure, activate the alarm system.
Additional Safety Procedures:
Minor Patrons: If a minor patron is still outside, lifeguards must remain with them until a guardian arrives to pick them up.
Special Notes:
• The pool opens at 9:00 a.m. each day.
• The pool may close in the event of inclement weather, with approval from the Recreation Coordinator or Pool Manager. Other operational issues may also require temporary closure.
Important Reminder:
If any issues arise during opening or closing, contact the Pool Manager immediately. Do not wait until after your shift ends. Failure to report issues to the Recreation Coordinator or Pool Manager may result in you being held accountable.
V. Cashier Responsibilities, Duties, & Procedures
• Cashier on Duty: Ensure that a cashier is present during swim lessons, recreation swim, and lap swim times.
o Cashier Report & Deposit Form:
Record the total number of patrons on the daily sign-in/out sheet. Keep a tally on the receipt and total amounts in the appropriate sections. Complete the Deposit Form in full.
Count both starting change and deposited money together. Place change and deposit money in separate bags for easy tracking. Submit the completed Deposit Form at the end of your shift. o Cash Box Security:
Never leave the cash box or pool entry unattended.
If you need to leave (e.g., for restroom breaks), hand over the cash box to another staff member. Ensure the latch is closed and the gate is unlocked. Return the cash box to the Pool Manager at the end of your shift. • Safety Guidelines for Children:
o Children under the age of 8 must be accompanied in the water by an adult (18 years or older).
o Children who are not potty-trained must wear swim diapers or tight rubber pants over cloth diapers.
• Facility Maintenance:
o Maintain the front of the Aquatic Facility by:
Picking up trash.
Sweeping and washing down the sidewalk.
Reporting any graffiti or vandalism immediately.
VI. Locker Room Attendants Responsibilities, Duties, and Procedures • Clean and restock restrooms and showers, and sweep/water down the locker rooms after each program.
• Ensure patrons wear proper swim attire and that lifejackets are US Coast Guard approved before entering the pool.
• Keep track of checked-in clothing or equipment and report any maintenance issues to the Pool Managers.
Locker Room Policies
• No Socializing While Working: You are not allowed to socialize with visitors, including making or receiving calls, while on duty. If a friend visits, you must ask them to leave and meet after your shift.
• Recreation Swim Duty: During Recreation Swim, closing staff must stay with children who haven’t been picked up yet. Communicate with the Pool Managers or Coordinator if needed. • Report Suspicious Behavior: Immediately report any suspicious behavior. If necessary, call the Sheriff’s Department.
• Mandatory Reporting: As a civil servant, you must report any suspected child abuse or neglect to the Sheriff’s Department.
• Clarification: If anything is unclear, ask an Aquatic Supervisor for clarification. You are expected to follow these policies with professionalism and seriousness.
VII. Lifeguards Responsibilities, Duties, & Procedures
A. Lifeguarding Procedures
• On Duty at All Times: Lifeguards must be present for all scheduled programs and carry their rescue tube at all times. Rescue tubes should be accessible and ready for use. • Wear Required Equipment: Lifeguards must wear their fanny pack and always have their pocket mask on them.
• Constant Vigilance: Lifeguards must always keep watch over the pool and be on the guard tower before any patrons enter the pool. If not in position before patrons arrive, they are considered late.
• Stay on Deck: Lifeguards must remain on deck guarding the pool until the last swimmer has exited and left the area.
• Attention to All Areas: Lifeguards are responsible for monitoring the pool, pool deck, and locker rooms.
• Breaks: Lifeguards can stand on deck to stretch or change positions, but they must remain vigilant.
• No Phones or Eating: Phones and eating are not allowed on the tower. • Brief Socializing: Socializing should be kept to a minimum and should only be about the patrons or facility.
B. Lifeguard Rotation and Staffing Requirements
1. Minimum Lifeguards on Duty:
• At least two lifeguards are required to be on deck at the beginning of each program. • They must be positioned at the shallow tower and deep tower in the big pool, with necessary equipment (whistle, fanny pack, rescue tube).
2. Swimmer-to-Lifeguard Ratios:
• 30 or fewer swimmers: 2 Lifeguards (Shallow and Small Pool); • 31-45 swimmers: 3 Lifeguards (All 3 towers);
• 46-60 swimmers: 3 Lifeguards + 1 Roamer;
• 61+ swimmers: 4 Lifeguards + 1 Roamer.
3. Pool Manager's Discretion:
• The Pool Manager can decide to send lifeguards home based on the number of swimmers and lifeguard ratios.
Position Responsibilities:
• Big Pool:
o Shallow Tower: Entire shallow end unless Rover is needed to cover the left half of the shallow end rope.
o Deep Tower: Entire deep end, including the rope to the wall, unless Rover is assigned to the diving board side of the deep end.
• Small Pool:
o Shallow Tower: Entire small pool.
• Extra Guards:
o Shallow Side: Scans the opposite side of the shallow area and by the steps. o Small Pool: Covers the opposite side of the pool, splitting duties with the other guard.
• Rovers:
o Communicate with other lifeguards and the Manager on Duty (MOD) to clarify areas they’re covering.
Rotation Process:
• Staff will rotate clockwise around the pool deck every 20 minutes. • Starting with the First-Aid lifeguard: The first-aid lifeguard rotates to the Deep Tower, followed by the Shallow Tower, then the Small Pool, and ending with Wristbands/Rovers (if applicable).
• Swim Test Responsibility: The lifeguard in charge of the swim test also handles any first aid and fills out the reports.
Pre-First Aid Station Duties:
• Before going to the First-Aid station:
o Water down the pool deck.
o Check in with the Pool Managers to see if any additional tasks are needed.
Key Points to Remember:
• Lifeguard Rotation: Every 20 minutes in a clockwise direction, starting with First Aid. • Responsibilities: Lifeguards rotate through different positions based on swimmer count and must always communicate with other staff to ensure all areas are covered. • Pool Manager’s Role: To ensure appropriate lifeguard staffing and ratios, and to adjust staffing as necessary based on swimmer numbers.
C. Lifeguard Certifications
• All lifeguard certifications must be current and on file with both the Recreation Coordinator and Human Resources.
• Required certifications: American Red Cross Lifeguarding, CPR, AED, First-Aid, and WSI (for swim instructors).
• Notify the Recreation Coordinator and Pool Managers if your certifications are about to expire. • It’s your responsibility to ensure your certifications are kept up to date.
D. The Patrons Safety
The safety of patrons is a top priority. You are responsible for knowing and enforcing the following rules to help maintain a safe environment:
• Be familiar with both department and facility rules.
• Stay alert to activities in your area and nearby areas.
• If a patron breaks a rule, politely explain the rule to them. • If the behavior continues, give a verbal warning.
• If the issue persists, contact Pool Managers, Recreation Coordinator, or the Sheriff’s Department for assistance.
E. General Safety Guidelines
• Infants and small children must always be held by a parent in the water. • Only US Coast Guard-approved life jackets are allowed. • Do not let kids play on the railings or lane lines.
• Monitor the number of kids in the pool to avoid exceeding capacity. • No running on the pool deck.
• No diving in the shallow end of the big pool or small pool. • No horseplay, dunking, or excessive splashing.
• No pushing or pulling swimmers in or out of the pool. • You have the authority to remove swimmers or ask them to leave if they are breaking rules. They must leave with a parent if necessary.
• Do not socialize with patrons while working. This includes making or receiving calls on personal or work phones.
• If a friend visits during your shift, kindly instruct them to leave and meet you after your shift. • Report suspicious behavior immediately. If necessary, call the Sheriff’s Department. • As a mandated reporter, you are required to report any suspected child abuse or neglect directly to the Sheriff’s Department.
F. Pool Rules
• All swimmers must rinse off in the locker rooms before entering the pool. • Swimmers with open wounds, bandages, or infectious diseases are not allowed in the pool. • No alcohol, smoking, chewing gum, or glass objects are permitted in the building or pool. • Participants must pass a swim test given by a lifeguard to swim in the large pool. • Non-swimmers who cannot pass the swim test or touch the bottom of the pool with their head above water must be accompanied by an adult (18+) in the water and within arm’s reach. • Profanity, abusive language, and any inappropriate or unsafe behavior are strictly prohibited. • Do not hang on lane lines, safety ropes, or ladders.
• Appropriate and safe behavior is required at all times. No running, rough play, unsafe activities, or backward entries, flips, or spins from the side of the pool. • The small pool is primarily for beginner swimmers or parents with small children. Others may be asked to leave if the pool is overcrowded or deemed unsafe. • During recreational swim, no floating devices, inflatable toys/balls, or kickboards are allowed in the pools.
• Parents and spectators must watch from the grass during lessons and are not allowed on the pool deck.
• All patrons must follow directions from lifeguards and City staff. • No recording or taking pictures unless prior arrangements are made with the Pool Manager or Coordinator.
G. General Rescue and Emergency Response Procedures:
Please review Section XI for additional details on Emergency Response Procedures.
Worst Case Scenario:
• ALERT: To notify other staff of a rescue in progress, blow your whistle three times to clear the pool for an emergency. All lifeguards must blow their whistle. • Covering the Tower: If the pool does not need to be cleared, the First-Aid responder or Pool Manager must take over the tower. If neither is available, the second lifeguard should temporarily scan both pools or clear them if needed.
• Calling 911: In an emergency, the Pool Manager or Recreation Coordinator will call 911. If neither is available, the cashier or a lifeguard must make the call and notify a supervisor. • Assisting in the Rescue: The second lifeguard will help lift the individual out of the pool and assist with first aid, rescue breathing, or CPR until EMS arrives. o If staffing is limited, delegate tasks to a responsible patron (such as a strong swimmer) to help with crowd control, clearing the pool, or retrieving equipment. • Cashier’s Role: The cashier must secure the cash box, close the front gate, and wait outside to direct EMS to the facility. They will assist with crowd control, ensuring that only parents/guardians or EMS personnel are allowed inside.
• Post-Incident: Pool Managers and the Recreation Coordinator will take witness statements, complete an accident report, and determine when it is safe to reopen the pool.
H. Drills and Trainings
• Surprise Drill Week: Drills will be announced randomly. Any Aquatics staff member may be tested on their lifeguarding skills or City of South El Monte duties at any time, whether before, during, or after a shift.
• Passive Drowning Drills: The second lifeguard must assist with CPR drills in passive drowning scenarios.
• Skill Refresher: Pool Managers are available for lifeguarding, CPR, and skill refreshers as needed.
• Types of Drills/Inservice:
o Rescues;
o CPR or First Aid;
o Swim Conditioning (time or distance);
o Customer Service;
o Answering questions about our programs.
VIII. Water Safety Instructor Responsibilities, Duties, & Procedures
1. Punctuality: Arrive at least 15 minutes before your scheduled lesson. Ensure that your class begins and ends on time. You must be on the pool deck 5 minutes before the start time to be considered on time. Failure to do so will result in being marked as late.
2. Class Setup and Parent Guidelines: Start each lesson from the same location in the pool area daily. Parents may drop off their children with you but must observe the lesson from the lounge chairs outside the facility for the remainder of the class.
3. Final Testing & Certificates: On the last Thursday of the session, conduct skill assessments for all students. Prepare their progress cards or certificates to be distributed on Friday unless prior arrangements have been made with the parent for a different time.
4. Attendance Tracking: On the first day of class, take attendance using your clipboard. Ensure that both you and the Pool Managers have an updated list of participants in each class.
5. Consistency in Teaching: Stick to consistent methods when teaching techniques and skills.
Remember, repetition is key to helping swimmers master the skills being taught.
6. Collaboration with Co-Instructors/Aides: If you are working with a co-instructor or aide, collaborate to plan out and monitor the progress of each class. Teamwork ensures smooth lessons and effective teaching.
First Day of Lessons
1. Student Names and Rosters: Review your class roster and memorize each student's name. It’s crucial to establish a personal connection from the start.
2. Initial Skill Assessment: Briefly test each student’s skill level at the beginning of the first lesson, performing the following:
• Have them get their head wet and go underwater to assess comfort in the water. • Ask them to demonstrate the Front Crawl and Back Crawl. • For Level 4 and above, assess additional strokes like Rhythmic Breathing, Elementary Backstroke, and Breaststroke.
o Important: Be aware that sometimes students may be enrolled in a class that doesn’t match their skill level. It’s essential to catch this on the first day so you can notify the Pool Manager to adjust the class placement.
3. Aide Assistance: If you determine that an Aide is needed to assist in the class, promptly inform the Pool Manager so that arrangements can be made for the following day.
4. Class Dismissal:
• After your lesson concludes, walk your class out of the pool area as a group and ensure they are safely handed off to their parent or guardian.
• Never allow a child to leave the facility without being directly supervised by a parent or guardian.
Skill Testing Day
1. Let Students Know: On the last Monday of the session, kindly remind your students that you’ll be testing their skills on Thursday. It helps set expectations and gives them a little time to mentally prepare.
2. Testing the Skills:
a. Test all the required skills for their level and take note of which ones each student has mastered and which ones they might need a bit more practice on. b. Make sure to jot down your observations as you go – it’s easy to forget who passed what during the lesson.
c. Keep in mind that testing should not take up the whole lesson—it’s just one part of the day. d. After the testing, make sure to finish the session with some more skills practice or fun games to keep the energy up.
e. For Levels 2 and lower, be in the water with the students to guide them through the skills and provide any hands-on support they may need.
3. Certificates: Start preparing your certificates on Thursday so they’re ready to go by Friday. It’s a nice way to wrap up the session.
4. American Red Cross Records: Don’t forget to submit your American Red Cross Course Records Sheets at least once a year. Keeping your WSI certification current is important, and it’s your responsibility to stay on top of it.
Safety Day
1. The second-to-last day of swim lessons is Safety Day. Use other days to remind swimmers of safety rules and water tips.
2. Discuss pool safety rules and basic rescue tips before swimming.
3. Talk about what to do in emergencies: call 911, find an adult, etc.
4. Practice with life vests (if available).
Last Day of Lessons
1. Make the last day fun! Start with a quick 5-10 minute review, then play games to reinforce learned skills.
2. Instructors can use the diving board or deep end to practice diving and jumping into deep water.
3. Certificates:
a. Color the certificates. Many kids keep them and reflect on them later. b. Write comments: Give meaningful feedback (e.g., areas to improve, skills mastered, readiness to move up).
c. Hand out certificates at the end of class.
Equipment
1. Have all equipment out and ready before class starts.
2. Focus on skill development without relying too much on equipment.
3. Kickboards are useful for kicks but should be used properly—don’t stand on or misuse them.
4. Toys can help Tiny Tots and Pre-beginners explore water, get comfortable, and practice going underwater.
5. Clean up all equipment after class. Keep the deck tidy.
Tips & Tools
1. Use swimmers' names and keep smiling.
2. Speak loudly and clearly with a varied tone to keep kids engaged.
3. Instructors: Use time between classes to prep for the next, and have equipment ready (kick-boards, toys, rings).
4. Be prepared: Have lesson plans and equipment ready before the facility opens to the public.
5. Start and end classes on time.
6. Be on the deck 5 minutes early. If you’re there when the class starts, you’re considered late.
7. Keep kids occupied when you’re working 1-on-1 with someone.
8. Balance your attention: Spend equal time with each child. What you do for one, do for all.
9. Take attendance at the start of each class.
10. Never turn your back on children; walk backwards when they swim away from the wall.
11. Swim with the kids when they swim across the pool—never let them swim alone.
12. Praise and discipline as needed. Positive reinforcement works wonders!
13. Help them get past “I can't” and build their confidence.
14. Be honest in your praise: Don’t stretch the truth, as it can lead to unrealistic expectations.
15. Always get into the water with the students, regardless of their skill level.
16. For fearful children, hold their hands (not their body), give clear instructions, and follow through.
17. Use certificates to give feedback on strengths and areas for improvement.
18. Correct bad habits like kicking with flat feet or plugging their nose.
19. Keep students together in a group—no wandering when it’s not their turn.
20. Instructors working together: Limit talking to before/after class. Stay active and keep kids busy.
21. With larger classes, spread kids out, and if you have an aide, rotate who you work with daily.
22. Enforce pool rules:
a. No running.
b. No gum.
c. No parents on the deck during lessons (they can drop off, but watch from the lounge). d. Stay by the wall until it's your turn.
e. Listen to the instructor.
f. Encourage bathroom breaks before or after class, not during.
Policies
1. Keep your eyes on the class: Always stay aware of all your swimmers. If you're working with one child away from the wall, position yourself to still see the others.
2. No socializing while teaching: Don’t engage in conversation with visitors or take calls (personal or work) during class. If a friend shows up, direct them to meet you after your shift. Socializing with other instructors and lifeguards should only happen between lessons.
3. Report suspicious behavior immediately: If you notice something concerning, contact the Sheriff’s Department if necessary.
4. Mandatory reporting of abuse/neglect: As a mandated reporter, if you suspect child abuse or neglect, report it directly to the police. Notify the Pool Managers and Coordinator before contacting authorities.
5. Error on the side of caution: Always prioritize safety and caution in any situation. • Professionalism is key: Instructors are expected to adhere to these policies with the highest level of professionalism.
• Follow American Red Cross guidelines: Ensure you are familiar with and apply the required skills for Learn to Swim Levels 1-6.
• Maintain your certification: Remember to submit an American Red Cross Course Record yearly to keep your WSI certification valid.
Important: All instructors must be the first person in the water and the last person out during each class.
IX. Maintenance – The Aquatics Center
• Keep the facility clean: The Aquatics Center reflects the City, so all staff are expected to help maintain cleanliness. If you see trash, pick it up and dispose of it.
• Lost and Found: Articles of clothing left on the pool deck or bleachers should be placed in the lost and found.
• Report major issues: If you notice a major maintenance problem, inform the Pool Manager or call the Public Works Maintenance Worker.
• Locker room cleanliness: Cashiers and locker attendants should check for trash in the locker rooms before and after their shifts.
• Biological incidents: If there's a biological incident in the pool (e.g., fecal matter or vomit), immediately clear the pool and notify the Pool Managers. • Maintenance responsibilities: The Maintenance Worker is in charge of all facility maintenance.
In their absence, the Pool Managers, Instructors, Lifeguards, or Locker Attendants are responsible for completing daily maintenance tasks.
The Pool – Maintenance Schedule (Over a 2-week period)
• Water the deck: Lifeguards, WSI, and Recreation Staff will water down the deck 2-3 times a week.
• Scrub pool tiles: Clean pool tiles with the appropriate sponges. • Clean lifeguard towers: Ensure lifeguard towers are scrubbed down regularly. • Clean the diving board: Scrub and clean the diving board to maintain safety and cleanliness. • Water down front steps and sidewalk: Use water to clean these areas. • Sweep front steps and sidewalk: Regular sweeping to keep the entry area clean. • Check bathroom supplies: Ensure paper supplies are stocked in bathrooms. • Remove graffiti: Check for any graffiti and clean/remove it as needed. • Water down locker rooms: Use water to clean and maintain the locker room floors. • Squeegee locker room floors: Ensure no standing water in locker rooms; squeegee floors after cleaning.
This routine will help keep the facility clean, safe, and well-maintained for all users.
Mechanical
• Backwash: Perform regular backwashing of the pool filters to ensure clean water circulation. • Vacuum: Vacuum the pool regularly to remove debris and dirt from the bottom. • Skim: Use a skimmer to remove floating debris from the pool surface. • Adjust heater loop temperature & pressure: Ensure the pool heater is operating at the correct temperature and pressure levels.
• Relieve pressure in filter tanks: Regularly check and relieve pressure from filter tanks to maintain proper functioning.
Building Maintenance
• Replace light bulbs: Change any burnt-out or broken lights. • Clear drains: Unclog any blocked drains.
• Fix shower heads: Replace broken or missing shower heads in the locker rooms. • Check faucets: Ensure all faucets in the locker rooms work properly. • Replace shower buttons: Repair or replace broken shower buttons. • Replace tread tape: Install new tread tape where necessary. • Replace depth markers: Make sure pool depth markers are visible and intact.
• Check flow rate: Monitor and adjust the flow rate for proper circulation. • Clean vacuum basket & filters: Keep the portable vacuum and filters clean. • Clean chlorinator: Clear jets and vent systems in the chlorinator. • Clean ORP probes: Clean the ORP unit probes for water quality. • Vacuum heaters: Clean the heaters to prevent buildup. • Clean boiler filter: Regularly clean the boiler filter. • Check main filter: Ensure the main pool filter is clean and working.
These tasks keep the pool and facility running smoothly and safely.
Chemical Maintenance
• Check and balance pool chemicals regularly. Monitor the following and adjust as needed:
o Free chlorine;
o Total chlorine;
o Combined chlorine;
o Total alkalinity;
o Calcium hardness;
o Total dissolved solids;
o Super chlorinate as needed to maintain water cleanliness; o Use enzyme feeder to reduce the need for frequent Super chlorination (coordinate use).
Chemicals in the Aquatic Center:
• Muriatic acid;
• Calcium hypochlorite;
• Sodium bicarbonate;
• Soda ash;
• Sodium dichloride.
Miscellaneous & Preventative Maintenance
• Check ladders: Ensure all pool ladders are secure and in good condition. • Inspect lifesaving equipment: Regularly check equipment like life rings, poles, and buoys. • Report damaged equipment: Notify the pool manager or coordinator immediately if any equipment is damaged.
These steps help maintain safe and clean water while keeping the facility in top condition.
X. Safety Around an Aquatic Environment
Inclement Weather:
• Pools may close if weather conditions become unsafe. Always prioritize safety. • Notify the Pool Manager and Recreation Coordinator if rain or weather creates unsafe conditions.
• Place a sign at the entrance (on the gate) with the reason for closing, including time and date. • Lock and close the facility if needed.
• Do not allow use of the facility during unsafe weather conditions.
Safety Hazards:
Hazards can arise at any time and may cause programs to stop. Always be vigilant and alert patrons to potential dangers. Common hazards include:
• Pool deck: Wet surfaces can cause slips.
• Ladders: Ensure they are secure and in good condition. • Lifeguard Towers: Check stability and safety.
• Pushing into the pool: Prevent roughhousing or pushing. • Shallow end: Be cautious of water depth in the shallow end. • Rowdy behavior: Address any disruptive behavior in or near the pools. • Kickboards: Ensure correct usage to avoid injury.
• Showers in locker rooms: Ensure water does not create slip hazards. • Sharp edges on broken tiles: Regularly inspect for and repair any damaged tiles.
By staying alert and proactive, you help ensure a safe environment for everyone at the Aquatics Center.
XI. Emergency Action Plan
A. Medical Emergency Procedures
In case of a medical emergency, follow these steps:
Stage I - Primary Response
1. Lifeguard Response: The lifeguard closest to the victim blows the whistle three times and proceeds to rescue the individual.
2. Second Lifeguard: The second lifeguard blows their whistle and continues to guard the pool until the third lifeguard takes over.
3. Spinal Injury: If there's a suspected spinal injury, the nearest lifeguard retrieves the backboard and enters the water to assist.
4. Calling 911: The Pool Manager or Lifeguard on duty calls 911 if the victim is passive and stays on deck to manage the scene. If neither is available, the cashier must call 911.
5. Cashier’s Role: The cashier secures the cash box, locks the front gate, and directs EMS through the back gate. The cashier should not let anyone in or out of the facility.
6. Primary Lifeguard’s Responsibility: The primary lifeguard stays with the victim at all times, while the 4th lifeguard either retrieves necessary equipment or directs the most responsible-looking patron for help.
Stage II - EMS on Scene
7. Assisting EMS: Once EMS arrives, the first and second lifeguards assist EMS as needed.
8. Crowd Control: Other lifeguards help maintain crowd control around the scene and clear a path to the closest exit. The Pool Manager will follow this protocol during lessons, practices, and competitions.
9. Incident Reports: The Pool Manager or Assistant Pool Manager, along with the lifeguards involved, will complete the incident reports.
10. Program Assessment: After the scene is cleared, the Pool Manager or Recreation Coordinator will check on staff, then decide when it’s safe to resume activities.
Stage III - Scene Clear
11. Media and Public Inquiries: Any questions from the public or media should be directed to the Director of Community Services. Do not answer questions yourself.
12. Staff Debriefing: The Recreation Coordinator will organize a debriefing session with the staff to review what happened, acknowledge positive actions, and discuss any improvements for future situations.
13. Support for Stress or Trauma: If anyone (staff or patrons) is feeling stress after the incident (e.g., trouble sleeping, nightmares, guilt, fear, depression), the Recreation Coordinator will assist in connecting them with confidential support services.
Additional Notes for Medical Emergencies:
• Shock Treatment: When treating a victim for shock, keep them warm. An emergency blanket is available in the office.
• Offer Help: If you see someone struggling, ask if they need help. If they refuse, politely ask about any medical conditions and never leave them alone.
By following these procedures, we ensure a quick, organized, and effective response to any medical emergency that occurs at the Aquatics Center.
B. Disaster Emergency Procedures
In case of a disaster emergency (fire, earthquake, explosion, etc.), follow these steps:
Stage I - Primary Response
1. Signal the Emergency: Pool Manager informs the lifeguard staff of the emergency and signals them with 3 short blasts on their whistle to indicate an emergency.
2. Evacuate Pools: Lifeguards on the towers evacuate both the large and small pools immediately.
3. Cashier’s Role: The cashier secures the cash box and ensures it is safe.
4. Evacuate Patrons and Staff: All patrons and staff must evacuate the facility via the back main gate to the designated safe-waiting area at the Community Center.
5. Double Check for Left Behind Patrons: If appropriate, lifeguards that stay behind should walk through the facility to ensure no one is left behind.
6. First Aid Kits: If necessary, take any available portable first aid kits to the waiting area.
7. Report the Emergency: The Pool Manager calls to report the emergency (use the Community Center phone if unsafe to call from within the facility).
Stage II - EMS Notified
8. Wait for EMS and Fire Department: Pool Managers should stay in the designated safe area and debrief EMS and Fire Department personnel upon their arrival.
9. Verify Safety of Patrons and Staff: Confirm that all pool patrons and staff are safe before attending to anyone needing medical help. Do not allow anyone back into the building except for EMS.
10. Secure the Facility: The building must be secured and closed until the Fire Department and EMS declare it safe. Take all necessary precautions.
11. Do Not Turn Off Pool Systems: Do not attempt to shut off chemical systems or pool operation valves. Allow EMS to handle this task.
Stage III - Scene Clear
12. Public/Media Inquiries: Direct all questions from the public or media to the Director of Community Services.
13. Staff Debriefing: The Recreation Coordinator will organize a debriefing session with the staff to discuss what happened, acknowledge what went well, and identify areas for improvement.
14. Post-Incident Stress: If any staff or patrons experience stress after the incident (e.g., nightmares, anxiety, guilt, depression, etc.), they should contact the Recreation Coordinator – Aquatics for confidential support services.
C. Chemical Emergency Procedures
Chemicals Stored at the Facility:
• Muriatic Acid (Hydrochloric Acid HCI);
• Pulsar Plus, Dry Chlorinator Briquettes (Calcium Hypochlorite, Sodium Chloride, Calcium Chlorate, etc.);
• Soda Ash (Sodium Carbonate);
• Sodium Bicarbonate;
• Chlorine Concentrate by Guardex (Sodium Dichloro Tri-s-zinetrione); • Tile Cleaner.
In case of a chemical emergency, follow these procedures:
Stage I - Primary Response
1. Signal the Emergency: Upon detection of gas odors, chemical fires, explosions, or chemical spills, the Pool Manager informs the staff and signals the emergency with 3 short blasts of the whistle.
2. Evacuate Pools: Lifeguards evacuate both the large and small pools.
3. Secure the Cash Box: The cashier secures the cash box in the office.
4. Evacuate Patrons and Staff: Evacuate all patrons and staff from the facility to the designated safewaiting area at the Community Center through the back main gate.
5. Check for Left Behind Patrons: If appropriate, lifeguards who remain on the pool deck will roam the facility to double-check that no one has been left behind during evacuation.
6. First Aid Kits: If necessary, take any portable first aid kits available to the designated waiting area for emergency use.
7. Report the Emergency: The Pool Manager should immediately use the phone to report the emergency. If it is unsafe to call from within the building, staff should use the Community Center phone to make the call.
Stage II - E.M.S. Notified
8. Wait for Emergency Services: The Recreation Coordinator or Pool Manager will stay in the designated safe-waiting area and wait for the Fire Department and E.M.S. to arrive. Once they arrive, they will debrief emergency personnel about the situation and any specific details.
9. Verify Safety: Once E.M.S. arrives, verify that all patrons and staff are safe. Proceed to attend to anyone in need of medical attention. Do not allow anyone back into the building unless they are emergency personnel (E.M.S.).
10. Secure the Facility: The building should remain secured and closed until the Fire Department and E.M.S. give clearance. Take all necessary precautions to ensure that the facility remains safe.
11. Do Not Shut Down Pool Systems: Do not attempt to shut off the chemical feeding systems or pool operations valves. This should be left to E.M.S. or the Fire Department to handle safely.
Stage III - Scene Clear
12. Public/Media Inquiries: Direct all questions from the public or media to the Director of Community Services. Do not answer questions yourself. This ensures consistent messaging and avoids confusion.
13. Staff Debriefing: The Recreation Coordinator will organize a staff debriefing to discuss what happened during the emergency. The debriefing should include:
• Acknowledging positive actions taken.
• Highlighting areas that need improvement.
• Providing feedback and support for staff to ensure they feel heard.
14. Post-Incident Support: If any staff or patrons experience stress after the incident (e.g., losing sleep, nightmares, fear of returning to work, feelings of guilt, depression, anger), they should immediately contact the Recreation Coordinator for guidance on how to access confidential assistance. This may include counseling or stress relief resources to help manage the emotional impact of the event.
By following these procedures, the staff ensures that the emergency is handled professionally, everyone stays safe, and support is provided for those affected by the incident.
XII. Press Relations
If a reporter or camera crew approaches you, don’t talk to them. Contact the Recreation Coordinator or available supervisor immediately. If you see anyone taking pictures or filming without permission, notify the Recreation Coordinator or available supervisor right away. Only the Director of Community Services is allowed to speak to the press, so don’t comment on anything without their permission.
XIII. Fecal Accident Procedures
Fecal accidents in the pool are a health concern and require immediate action. When this happens, explain to swimmers that the pool will be closed for their safety. It’s important for everyone to understand that pool closure is necessary for proper disinfection and to prevent the spread of waterborne illnesses (RWIs). Chlorine helps kill germs, but it takes time to work.
Certain germs, like Crypto, can survive in the water for days, even in well-maintained pools. For example, diarrhea can easily contaminate the pool, and swimmers can ingest contaminated water, which spreads germs. Chlorine kills these germs, but it needs time to be effective.
Here’s how long chlorine takes to kill some common germs:
Therefore, it’s crucial to close the pool until disinfection is complete to protect the health of all swimmers.
Formed Stool in the Pool:
1. Formed stool can carry germs, so it's important to remove it carefully to prevent contamination.
2. Clear the pool and shut down all pools using the same filter. Do not let anyone back in until decontamination is complete.
3. Remove the stool using a net or scoop and dispose of it properly. Clean the net or scoop afterward.
Do not vacuum the stool.
4. Raise chlorine levels to 2 ppm and ensure pH is between 7.2-7.5. Maintain this for at least 25 minutes before reopening the pool.
5. Keep a fecal accident log, recording the date, time, chlorine levels, pH, and actions taken.
Diarrhea in the Pool:
1. Direct everyone to leave the pool. Close all pools using the same filter.
2. Remove as much stool as possible using a net or scoop, then disinfect the net or scoop.
3. Raise chlorine to 20 ppm and maintain pH between 7.2-7.5 for at least 8 hours to kill germs like Cryptosporidium.
4. Backwash the filter thoroughly after reaching the required chlorine level. Ensure discharge is sent to waste.
5. Only reopen the pool after the chlorine level has returned to normal and after completing the required disinfection time.
Chlorine Levels and Disinfection Time:
Formed Stool:
• 1.0 ppm = 45 minutes;
• 2.0 ppm = 25 minutes;
• 3.0 ppm = 19 minutes.
Diarrhea:
• 1.0 ppm = 6.7 days;
• 10 ppm = 16 hours;
• 20 ppm = 8 hours.
Vomit Cleanup:
1. Exit the pool: Ensure all swimmers leave the water immediately.
2. Close the pool: Post a sign stating the pool is temporarily closed.
Germ Time
E. coli 0157:H7 Bacterium Less than 1 minute
Hepatitis A Virus About 16 minutes
Giardia Parasite About 45 minutes
Cryptosporidium Parasite 6.7 days
3. Remove vomit: Scoop up as much vomit as possible and dispose of it in a toilet or approved waste disposal system. Do not use the filters to collect vomit.
4. Vacuum: If needed, use the vacuum system to clean up remaining vomit, but ensure it only goes to a sanitary waste line. Do not collect it in the filters.
5. Disinfect: Clean and disinfect the area where the vomit occurred, about 100 square feet or more.
6. Check chlorine levels: Increase chlorine to 10 ppm in the affected area.
7. Reopen the pool: Once chlorine levels are adequate, and the area is disinfected, you can reopen the pool.
8. Document: Record the pool closure and chlorine readings in the daily operating logs.
Blood Cleanup:
1. Exit the pool: Ensure swimmers leave the water immediately.
2. Close the pool: Post a sign stating the pool is temporarily closed.
3. No need to remove blood in water: Simply disinfect the area where blood is found.
4. Blood on deck/equipment: Follow blood-borne pathogen cleanup procedures using the appropriate safety gear, such as gloves and goggles.
5. Reopen the pool: Once the area is cleaned and disinfected, and chlorine levels are checked, the pool can be reopened.
6. Document: Record the pool closure and actions taken in the daily operating logs.
POLICY OF MANDATORY
REPORTING OF CHILD
ABUSE AND NEGLECT
CITY OF SOUTH EL MONTE
POLICY ON MANDATORY REPORTING
OF CHILD ABUSE AND NEGLECT
I. PURPOSE
Under California’s Child Abuse and Neglect Reporting Act (CANRA), Penal Code Sections 11164– 11174.3, certain employees who have direct contact with or supervise minors (under 18 years of age) as part of their job duties are legally required to report any known or suspected cases of child abuse or neglect. These individuals are classified as “mandated reporters.” Mandated reporters are often in the best position to recognize signs of abuse or neglect and are therefore entrusted with the responsibility of protecting children. The primary intent of CANRA is to ensure the safety and well-being of minors by requiring timely reporting of abuse or neglect.
II. POLICY
The City of South El Monte is committed to full compliance with CANRA. All City employees who are designated as mandated reporters must report known or reasonably suspected instances of child abuse or neglect to appropriate child protective services or law enforcement agencies as required by law.
In addition, the City extends this reporting responsibility more broadly: any City employee—regardless of mandated reporter status—who witnesses, has direct knowledge of, or reasonably suspects abuse or neglect occurring at a City facility or involving City personnel is expected to report it promptly.
This policy:
• Identifies which employees are legally obligated to report under CANRA; • Outlines the procedures and timelines for making a report; • Provides protections for individuals who report in good faith; • Describes the legal consequences of failing to report as required.
III. APPLICABILITY
This policy applies to all employees of the City of South El Monte’s Community Services Department, regardless of employment status.
All employees who are designated as mandated reporters are required to report any suspected child abuse or neglect in accordance with this policy and applicable state laws.
Employees who are not designated as mandated reporters but who observe, or suspect child abuse or neglect are strongly encouraged to follow the reporting procedures outlined in this policy.
IV. MANDATED REPORTING RESPONSIBILITIES AND REQUIREMENTS Mandated Reporters
Under California law, certain professionals who may come into contact with children under the age of 18 in the course of their duties are classified as mandated reporters. These individuals are legally required to report suspected child abuse or neglect.
Within the City of South El Monte, the following positions are identified as mandated reporters:
All employees whose duties involve direct contact with and supervision of minors under the age of 18.
All positions within the Community Services Department, Parks and Recreation Division, including but not limited to:
• Director of Community Services;
• Community Services Manager;
• Recreation Coordinator;
• Recreation Senior Leader;
• Recreation Leader;
• Pool Manager;
• Assistant Pool Manager(s);
• Water Safety Instructor (WSI);
• Lifeguard;
• Cashier/Locker Attendant;
• Drivers;
• Administrators of public day camps;
• Administrators or employees of public youth centers, youth recreation programs, or youth organizations;
• All Police Department employees, Peace officers and Firefighters.
A comprehensive list of positions designated as mandated reporters under California law can be found in California Penal Code Section 11165.7(a) and is included as Appendix A of this handbook.
V. IDENTIFICATION OF MANDATED REPORTERS
The City of South El Monte will identify job classifications and employees who, due to their job duties, qualifications, or professional licenses, are considered mandated reporters under state law. These employees will be informed of their legal obligations and given a copy of this policy when they begin employment.
Non-Mandated Reporters
Employees in positions not identified as mandated reporters are considered non-mandated reporters.
Volunteers are generally not mandated reporters unless specifically stated by law—even if they work directly with children. However, the law encourages volunteers to receive training on recognizing and reporting child abuse and neglect.
The City of South El Monte requires all employees and volunteers, whether mandated by law or not, to report any known or suspected child abuse or neglect and to follow the procedures outlined in this policy.
Reasonable Suspicion
“Reasonable Suspicion” means it is reasonable for someone, based on facts or observations, to suspect child abuse or neglect.
• Certainty is not required.
• Medical proof is not required.
• A suspicion based on reasonable judgment is enough to report.
Note: A minor being pregnant alone is not considered reasonable suspicion of sexual abuse.
Child Abuse and Neglect
The following types of child abuse and neglect must be reported:
• Death of a child caused by anything other than accidental means. • Physical injury to a child caused by anything other than accidental means. • Child sexual abuse, which includes both sexual assault and sexual exploitation. o Sexual assault includes:
Any sexual act with a child;
Intentional masturbation in the presence of a child;
Child molestation;
Any sexual contact with a child.
o Sexual exploitation includes:
Creating, selling, or distributing pornographic material involving children; Having a child participate in sexually explicit performances; Involvement of a child in prostitution.
All employees and volunteers must understand and recognize these forms of abuse. If any of these types of abuse are known or reasonably suspected, they must be reported immediately in accordance with this policy and state law.
Types of Child Abuse or Neglect That Must Be Reported
• Willful Cruelty or Unjustified Punishment: This includes causing or allowing a child to suffer serious physical or emotional pain, or putting the child’s safety or health at risk. While mental suffering alone doesn’t have to be reported, it can be—and must be reported if it involves willful cruelty or punishment.
• Unlawful Corporal Punishment or Injury: Any physical punishment that is done on purpose and results in injury or trauma must be reported.
• Neglect: Both severe and general neglect must be reported if the person responsible is in charge of the child’s care.
o Severe neglect includes things like extreme malnutrition, failure to thrive, or deliberately not providing basic needs like food, shelter, or medical care. o General neglect means failing to provide those basic needs due to carelessness, even if the child isn’t physically hurt.
• Out-of-Home Care Abuse or Neglect: Any of the above types of abuse or neglect that happen in foster care, group homes, or other out-of-home care situations must also be reported.
Note: For common warning signs, see Appendix B.
Reporting Requirements
All mandated reporters are required by law to report any known or reasonably suspected child abuse or neglect involving a child under 18.
This duty applies any time a mandated reporter becomes aware of possible abuse or neglect as part of their job duties, even if:
• The incident did not occur at a City facility; or
• It does not involve a City of South El Monte employee.
How to Report Suspected Child Abuse or Neglect
If you are a mandated reporter and you observe or suspect child abuse or neglect while working, you must take the following steps:
1. Call Immediately
As soon as possible, make a telephone report to one of the following:
• Child Protective Services (CPS) Hot-line: (800) 540-4000; • Temple City Sheriff’s Station: (626) 285-7171.
2. Follow Additional Steps as Required
After the phone call, you may be required to submit a written follow-up report. More details are provided in Appendix C.
Note: Additional contact information for agencies that accept child abuse reports is listed in Appendix C.
Contents of Telephone Report
When making a telephone report of suspected child abuse or neglect, the mandated reporter should provide the designated agency with the following information:
• Your name, business address, and phone number.
• Identify yourself as a mandated reporter and explain your role that requires you to report. • Details that led to your reasonable suspicion, including the source(s) of this information and contact details of any witnesses.
• The child’s information, including name, address, current location, and if known, school, grade, and class.
• Names, addresses, and phone numbers of the child’s parents or guardians, if known. • Information about the suspected abuser, including name, address, phone number, and any other relevant details, if available.
Reports must be made even if some of this information is missing or uncertain.
If You Cannot Make a Telephone Report
If you cannot submit the initial report by telephone after reasonable effort, you must:
• Submit a one-time written report immediately or as soon as possible by fax or electronic transmission, using the official Suspected Child Abuse Report Form (SS 8572) from the California Office of the Attorney General.
• Be available to respond to a follow-up telephone call from the agency receiving your report.
Follow-Up Written Report
Within 36 hours of learning about the suspected abuse or neglect, all mandated reporters must:
• Submit a written report using the Suspected Child Abuse Report Form (SS 8572). • Include all information listed above, plus any non-privileged documents related to the case that you may have.
The form SS 8572 is available online at the California Office of the Attorney General’s website and in the City of South El Monte’s Personnel Department.
Submit the written report to the County Welfare Department or the local law enforcement agency by mail, fax, or electronic transmission.
Joint Knowledge of Suspected Abuse or Neglect
When two or more individuals are aware of the same suspected incident of child abuse, they may agree that one person will make both the immediate telephone report and the follow-up written report on behalf of the group.
However, if any individual becomes aware that the required reports were not made, they are legally obligated to immediately submit the reports themselves.
Internal Report to the City of South El Monte
Mandated Reporters
In addition to the state-mandated reporting requirements described above, all mandated reporters must also promptly report any observed or reasonably suspected abuse of a child to one of the following:
• Their direct supervisor;
• A manager;
• The City of South El Monte Personnel Department.
These internal reports may be made anonymously.
Important:
Submitting an internal report to the City of South El Monte does not replace the legal requirement to:
• Make an immediate telephone report, internet report; or • Submit the follow-up written report (SOC 341).
Other Agency Employees and Volunteers
Employees and volunteers of the City of South El Monte who are not designated as mandated reporters are still required to report any observed or reasonably suspected abuse of a child.
VI. MANDATED REPORTER SAFEGUARDS
Statutory Safeguards. The California Penal Code sets forth a number of safeguards for mandated reporters. A summary of these safeguards is provided below, but employees with questions about these safeguards should contact the County Welfare Department at Los Angeles County Department of Public Social Services Administrative Headquarters (562) 908-8400 or the local law enforcement department [Temple City Sheriff’s Station at (626) 285-7171] serving the [City of South El Monte], such as police or sheriff’s department.
Mandated Reporter Safeguards
1. Confidentiality
Reports of suspected child abuse or neglect — including the identity of the person making the report — are confidential. This information can only be shared with specific agencies authorized by law, such as:
• Child Protective Services (CPS);
• Law enforcement;
• Prosecutors;
• Other parties with a court order.
Even these authorized parties cannot share the reporter’s identity with the City of South El Monte without the reporter’s consent or a court order.
2. Immunity from Liability
Anyone who makes a report in good faith is protected from civil or criminal liability. This protection does not apply if the person knowingly files a false report or acts with reckless disregard for the truth.
3. Indemnification
If an employee is sued because they made a good faith report, the City of South El Monte will provide legal defense and protection in accordance with the law.
4. No Retaliation
It is strictly prohibited for any supervisor, administrator, or employee to:
• Prevent someone from reporting abuse;
• Punish or retaliate against someone for making a report.
Employees who believe they have been retaliated against should report the issue to Human Resources or the City Manager. The City will investigate and take appropriate action.
Anyone who tries to interfere with a mandated reporter's duty may face criminal penalties.
VII. PENALTIES FOR FAILING TO REPORT, SUBMITTING FALSE REPORTS, INTERFERING
WITH REPORTING DUTIES, OR VIOLATING CONFIDENTIALITY LAWS A. Disciplinary Action. Failure to fulfill mandated reporting responsibilities under this policy — including failing to report suspected abuse or knowingly making a false report — may result in disciplinary action, up to and including termination of employment.
B. Criminal and Civil Penalties. Mandated reporters who fail to meet their legal responsibilities may face various criminal and civil penalties. A summary of these potential consequences is outlined below. Employees with questions regarding these requirements should contact the Los Angeles County Department of Public Social Services Administrative Headquarters at (562) 908-8400, or reach out to local law enforcement, such as the Temple City Sheriff’s Station at (626) 285-7171, which serves the City of South El Monte.
Criminal Penalties.
Failure to Report
Any mandated reporter who willfully fails to report known or suspected child abuse or neglect—where such abuse or neglect results in death or great bodily injury—may be subject to criminal penalties. These penalties can include imprisonment for up to one year, a fine of up to five thousand dollars ($5,000), or both. These criminal consequences apply only to individuals legally designated as mandated reporters.
Interference with Reporting Obligations
Any supervisor or administrator of the City of South El Monte who knowingly interferes with or discourages a mandated reporter from fulfilling their legal duty to report may face penalties of up to six months imprisonment, a fine of up to one thousand dollars ($1,000), or both. Additionally, any individual who obstructs the reporting of known or suspected child abuse or neglect—where such abuse or neglect results in death or great bodily injury—may be punished by up to one year of imprisonment, a fine of up to five thousand dollars ($5,000), or both.
Civil Liability
Any individual who knowingly files a false report of child abuse or neglect or does so with reckless disregard for the truth or falsity of the information, may be held civilly liable for any resulting damages.
VIII. ADDITIONAL INFORMATION AND OBLIGATIONS
A. Training
The City of South El Monte requires all employees—including those who are not designated as mandated reporters—to complete training on recognizing and reporting child abuse and neglect.
B. Acknowledgement
Before beginning employment, all individuals hired by the City of South El Monte who are designated as mandated reporters must sign a statement confirming their understanding of and commitment to comply with mandated reporting laws. A copy of this signed acknowledgement will be retained by the City’s Personnel Department. A sample of the required acknowledgement form is attached.
C. Posting Requirements
Information on how to report suspected child abuse or neglect must be prominently displayed in areas accessible to all employees. These postings shall be placed at the City of South El Monte Parks and Recreation Office, Community Center, New Temple Park, Mini Center, and other relevant locations.
CITY OF SOUTH EL MONTE ACKNOWLEDGEMENT OF MANDATED CHILD
ABUSE AND NEGLECT REPORTING POLICY AND LEGAL REQUIREMENTS By signing below, I acknowledge that I have received, read, and understood the City of South El Monte’s Policy on Mandated Child Abuse and Neglect Reporting, and I agree to fully comply with its provisions.
I also acknowledge that I have received, read, and understood the relevant sections of the California Penal Code, specifically Sections 11165.7 and 11166, which define the duties and responsibilities of mandated reporters. I understand that, under the law, I am a mandated reporter and that it is my personal legal obligation to report any known or reasonably suspected incidents of child abuse or neglect.
I further understand that failure to comply with mandated reporting laws or the City's reporting policy may result in criminal and/or civil penalties and may also lead to disciplinary action by the City of South El Monte, up to and including termination of employment.
CITY OF SOUTH EL MONTE COMMUNITY SERVICES
EMPLOYEE HANDBOOK ACKNOWLEDGEMENT
By signing below, I acknowledge that I have received and read the City of South El Monte Community Services Employee Handbook. I understand the policies, procedures, and expectations outlined within the handbook and agree to comply with its terms.
I also understand that any violation of these policies may result in disciplinary action, up to and including termination of employment.
_______________________________
Employee’s Name (Please Print)
_______________________________ _______________________________ Employee’s Signature Date
Employee’s Name (PLEASE PRINT) Employee’s Date of Hire
Employee’s Job Title/Position Employee’s Department
Employee’s Signature Date
City Council Agenda Report
Agenda Item No. 8.e.
DATE: October 6, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
26-071, APPROVING ACCEPTANCE OF FUNDS FROM THE
BOARD OF STATE AND COMMUNITY CORRECTIONS
(BSCC), REGARDING PROPOSITION 64 PUBLIC HEALTH &
SAFETY GRANT PROGRAM AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO THE GRANT AGREEMENT FOR
THE FIVE (5) YEAR GRANT TERM
SUMMARY: The BSCC has announced the release of the Prop 64 Public Health & Safety (PH&S) Grant Program. The Prop 64 PH&S Grant Program directs revenue from the cultivation and sale of cannabis to projects that promote public health and safety. Funding assists with law enforcement activities, fire protection, or other local programming to address public health and safety associated with the implementation of the Control, Regulate, and Tax Adult Use of Marijuana Act. The City has been awarded $1,000,000 through this grant program.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 26-071, accepting the BSCC Grant; and
2. Authorize the City Manager to execute all documents necessary to further the award acceptance and compliance with the terms of the grant.
FISCAL/FINANCIAL IMPACT: The City has been awarded $1,000,000 under the Prop 64 PH&S grant program and the funds are received via reimbursement.
DISCUSSION: The BSCC has announced the release of the Prop 64 PH&S Grant Program. The Prop 64 PH&S Grant Program directs revenue from the cultivation and sale of cannabis to projects that promote public health and safety. Funding assists with law enforcement activities, fire protection, or other local programming to address public health and safety associated with the implementation of the Control, Regulate, and Tax Adult Use of Marijuana Act.
The City of South El Monte ("City") has been awarded $1,000,000 through this grant program. The BSCC Prop 64 funding supports expansive code enforcement efforts to increase cannabis retail inspection, community education, school district coordination, cannabis-related law enforcement, and mitigate illicit cannabis use across the City. The City is also requesting funding to support signage, lighting security enhancements, and park enhancements for future park / recreation facilities. The goal is to create a cannabisfree and smoke-free recreation space within the City.
To attain the City's goal, the City will follow four (4) Project Purpose Areas.
Project Purpose Areas
The implementation of the Control, Regulate and Tax Adult Use of Marijuana Act is guided by four Project Purpose Areas:
1. Public Safety / Enforcement
2. Public Health
3. Youth Development / Youth Prevention and Intervention
4. Environmental Impacts
South El Monte's planned actions under each Project Purpose Area
1. Hire and retain a dedicated Code Enforcement Officer that will conduct a variety of cannabis enforcement operations and community outreach, i.e., Sheriff coordination, retailer inspections, retailer education, monitor activity in hotspots (familiar areas of cannabis-related activity), and outreach to community and local schools.
2. Increase overall public health through inspections which identify locations engaging in cannabis-related activity. In doing so, the City will address both environmental hazards related to illegal cannabis operations and criminal activity.
3. Code Enforcement, or other law enforcement agents, will conduct educational outreach for students at local schools through school/classroom presentations and case intervention.
4. South El Monte is considered a "park-poor" city. To combat this, the City will be utilizing funds to support a smoke/cannabis-free recreational space for all residents in the community in future recreational sites. The grant funds affect environmental health by creating a clean, healthy outdoor cannabis-free space for outdoor recreation in a City with air quality and environmental health challenges.
The City will distribute the grant funding amongst several categories, as noted below:
Budget Category Grant Funds
Salaries and Benefits $375,000
Services and Supplies $100,000
Professional Services or Public Agency
Subcontracts $0
Non-Governmental Organization (NGO)
Subcontracts $0
Equipment / Fixed Assets $500,000
Other (Travel, Training, etc.) $0
Indirect Costs $25,000
Total $1,000,000
ATTACHMENT(S):
A. Resolution No. 26-071
B. 2026 Prop 64 Grant Agreement
ATTACHMENT A
RESOLUTION NO. 26-071
A RESOLUTION OF THE CITY OF SOUTH EL MONTE,
APPROVING ACCEPTANCE OF FUNDS FROM THE BOARD
OF STATE AND COMMUNITY CORRECTIONS (BSCC),
REGARDING PROPOSITION 64 PUBLIC HEALTH & SAFETY
GRANT PROGRAM AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO THE GRANT AGREEMENT FOR
THE FIVE (5) YEAR GRANT TERM
WHEREAS, the City of South El Monte (the “City”) desires to participate in the Board of State and Community Corrections (BSCC) Proposition 64 Public Health & Safety Grant Program; and
WHEREAS, the City has been awarded $1,000,000 and will use the funds over a five (5) year period; and
WHEREAS, the City will commit to the outlines on the agreement.; and WHEREAS, the City will follow the funding allocation goals and activities; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
EL MONTE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated by reference.
SECTION 2. The City shall accept the award from the Board of State and Community Corrections (BSCC).
SECTION 3. The City Manager shall execute the Agreement on behalf of the City.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of October 2026.
_________________________
Gloria Olmos, Mayor
ATTEST:
__________________________
Adrian Garcia, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 26-071, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 6th day of October 2026, and that said Resolution was adopted by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
___________________________
Adrian Garcia, MMC, City Clerk
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC147226 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1472-26 BSCC-5227
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
CITY OF SOUTH EL MONTE
2. The term of this Agreement is:
START DATE
July 1, 2026
THROUGH END DATE
December 31, 2031
3. The maximum amount of this Agreement is:
$1,000,000.00
4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (02/2025) 4
Exhibit D Special Terms and Conditions 4
Attachment 1* Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Request for Proposals * Attachment 2 Proposition 64 PH&S Grant Program Cohort 4 Application for Funding 18 Appendix A Proposition 64 PH&S Grant Program Cohort 4 Scoring Panel Roster 1 Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Program Funds 2 * This item is hereby incorporated by reference and can be viewed at:
https://www.bscc.ca.gov/proposition-64-public-health-safety-grant-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
CITY OF SOUTH EL MONTE
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
1415 SANTA ANITA AVENUE SOUTH EL MONTE CA 91733
PRINTED NAME OF PERSON SIGNING TITLE
RENE SALAS CITY MANAGER
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
"
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
"
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06
CITY OF SOUTH EL MONTE
BSCC 1472-26
PAGE 1 OF 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
1. GRANT AGREEMENT – Proposition 64 Public Health and Safety Grant Program This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and the CITY OF SOUTH EL MONTE (hereafter referred to as the Grantee or Contractor).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The City of South El Monte is requesting BSCC Prop 64 funding to conduct expansive code enforcement efforts to increase cannabis retail inspection, community education, school district coordination, cannabis-related enforcement, and mitigate illicit cannabis use across the City.
South El Monte is also requesting funding for signage, lighting security enhancements, and park enhancements to their future Sports Park Facility next to South El Monte High School to create a cannabis-free and smokefree recreation space within the City.
B. Grantee agrees to administer the project in accordance with Attachment 1: Proposition 64 PH&S Grant Request for Proposals (incorporated by reference) and Attachment 2: Proposition 64 PH&S Grant Program Cohort 4 Application for Funding, which are attached and hereto and made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.
B. The Grantee’s Designated Financial Officer and Project Director must be employees of the Contractor. The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: RENE SALAS
Title: CITY MANAGER
Address: 1415 SANTA ANITA AVE, SOUTH EL MONTE, CA 91733 Phone: (626) 652-3116
Email: [email protected]
Designated Financial Officer authorized to receive warrants:
Name: MASAMI HIGA
Title: DIRECTOR OF FINANCE
Address: 1415 SANTA ANITA AVE, SOUTH EL MONTE, CA 91733 Phone: (626) 652-3129
Email: [email protected]
Project Director authorized to administer the project:
Name: ADRIAN GARCIA
Title: CITY CLERK/DIRECTOR OF GENERAL SERVICES
Address: 1415 SANTA ANITA AVE, SOUTH EL MONTE, CA 91733 Phone: (626) 443-4928
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.
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BSCC 1472-26
PAGE 2 OF 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Proposition 64 PH&S Grant Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 4 Application for Funding.
5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:
Quarterly Progress Report Periods Due no later than:
1. July 1, 2026 to September 30, 2026 November 15, 2026
2. October 1, 2026 to December 31, 2026 February 15, 2027
3. January 1, 2027 to March 31, 2027 May 15, 2027
4. April 1, 2027 to June 30, 2027 August 15, 2027
5. July 1, 2027 to September 30, 2027 November 15, 2027
6. October 1, 2027 to December 31, 2027 February 15, 2028
7. January 1, 2028 to March 31, 2028 May 15, 2028
8. April 1, 2028 to June 30, 2028 August 15, 2028
9. July 1, 2028 to September 30, 2028 November 15, 2028
10. October 1, 2028 to December 31, 2028 February 15, 2029
11. January 1, 2029 to March 31, 2029 May 15, 2029
12. April 1, 2029 to June 30, 2029 August 15, 2029
13. July 1, 2029 to September 30, 2029 November 15, 2029
14. October 1, 2029 to December 31, 2029 February 15, 2030
15. January 1, 2030 to March 31, 2030 May 15, 2030
16. April 1, 2030 to June 30, 2030 August 15, 2030
17. July 1, 2030 to September 30, 2030 November 15, 2030
18. October 1, 2030 to December 31, 2030 February 15, 2031
19. January 1, 2031 to March 31, 2031 May 15, 2031
20. April 1, 2031 to June 30, 2031 August 15, 2031
Note: Project activity period ends June 30, 2031. The period of July 1, 2031 to December 31, 2031 is for completion of Final Local Evaluation Report and program-specific compliance audit only.
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan November 20, 2026
2. Final Local Evaluation Report December 31, 2031
C. Other Due no later than:
Program-Specific Compliance Audit December 31, 2031
CITY OF SOUTH EL MONTE
BSCC 1472-26
PAGE 3 OF 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.
B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.
Source documentation includes copies of all awards, applications, approved modifications, financial records and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Proposition 64 PH&S Scoring Panel (See Appendix A) from receiving funds from the Proposition 64 PH&S grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Proposition 64 PH&S Scoring Panel membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Proposition 64 PH&S Scoring Panel.
B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.
8. STATE AUDIT REQUIREMENTS
Grantees are required to provide the BSCC with a program-specific compliance audit the covers the entire service delivery period of the grant (July 1, 2026 to December 31, 2031). The audit report will be due no later than the end of the contract term, December 31, 2031. The program-specific compliance audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.
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BSCC 1472-26
PAGE 4 OF 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
In addition, the BSCC reserves the right to call for a program, compliance or financial audit at any time between the execution of the grant agreement and three (3) years following the end of the grant period.
The Department of General Services, State Controller, the California State Auditor, the Department of Finance, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this grant.
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BSCC 1472-26
PAGE 1 OF 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
1. INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. July 1, 2026 to September 30, 2026 November 15, 2026
2. October 1, 2026 to December 31, 2026 February 15, 2027
3. January 1, 2027 to March 31, 2027 May 15, 2027
4. April 1, 2027 to June 30, 2027 August 15, 2027
5. July 1, 2027 to September 30, 2027 November 15, 2027
6. October 1, 2027 to December 31, 2027 February 15, 2028
7. January 1, 2028 to March 31, 2028 May 15, 2028
8. April 1, 2028 to June 30, 2028 August 15, 2028
9. July 1, 2028 to September 30, 2028 November 15, 2028
10. October 1, 2028 to December 31, 2028 February 15, 2029
11. January 1, 2029 to March 31, 2029 May 15, 2029
12. April 1, 2029 to June 30, 2029 August 15, 2029
13. July 1, 2029 to September 30, 2029 November 15, 2029
14. October 1, 2029 to December 31, 2029 February 15, 2030
15. January 1, 2030 to March 31, 2030 May 15, 2030
16. April 1, 2030 to June 30, 2030 August 15, 2030
17. July 1, 2030 to September 30, 2030 November 15, 2030
18. October 1, 2030 to December 31, 2030 February 15, 2031
19. January 1, 2031 to March 31, 2031 May 15, 2031
20. April 1, 2031 to June 30, 2031 August 15, 2031
Final Invoicing Periods: Due no later than:
21. July 1, 2031 to September 30, 2031 November 15, 2031
22. October 1, 2031 to December 31, 2031 February 29, 2032 *Note: Only expenditures associated with completion of the Final Local Evaluation Report and the financial audit may be included on these last two invoices.
B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the program-specific compliance audit) must be expended by the end of the grant project period, June 30, 2031, and included on the invoice due August 15, 2031. Project expenditures spent after June 30, 2031 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by December 31, 2031. Expenditures spent for the completion of the Final Local Evaluation Report during the period of July 1, 2031 to December 31, 2031 must be submitted during the Final Invoicing Periods, with the final invoice due on February 29, 2032. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.
D. The program-specific compliance audit is due to BSCC by December 31, 2031. Expenditures spent for the completion of the financial audit during the period of July 1, 2031 to December 31, 2031 must be submitted during the Final Invoicing Periods, with the final invoice due on February 29, 2032. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.
D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
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BSCC 1472-26
PAGE 2 OF 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures.
Grantees are required to maintain supporting documentation for all expenditures for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records. Grantee also agrees to maintain such records for possible audit for a minimum of three (3) years after final payment.
F. The BSCC maintains the right to disallow all or any portion of an invoice at any time based upon information or documentation uncovered through a site visit, desk review, audit, etc. The BSCC may disallow all or any portion of an invoice even after an invoice is approved or paid.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.
3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid and enforceable only if sufficient funds are made available through the Proposition 64 Initiative (the Control, Regulate and Tax Adult Use of Marijuana Act) via the State and Local Government Law Enforcement Account. On or before July 15th of each fiscal year, the State Controller shall deposit funds derived from Proposition 64 taxes into the State and Local Government Law Enforcement Account pursuant to Revenue and Taxation Code section 34019, subdivision (f)(3). The grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding made available to the BSCC pursuant to Revenue and Taxation Code section 34019, subdivision (f)(3)(C).
B. If Proposition 64 PH&S funding is reduced or falls below estimates contained within the Proposition 64 PH&S Cohort 4 Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the March 2026 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein.
To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.
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BSCC 1472-26
PAGE 3 OF 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
C. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.
D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.
E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.
B. The BSCC may withhold the final payment amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final quarterly progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the program-specific compliance audit.
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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BSCC 1472-26
PAGE 4 OF 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
8. PROJECT BUDGET
.BUDGET CATEGORIES
A. GRANT FUNDS
FOR PPA 1 (PUBLIC
SAFETY/
ENFORCEMENT)
B. GRANT
FUNDS FOR
PPAs 2-4
TOTAL
REQUESTED
GRANT FUNDS
(A+B)
1. Salaries and Benefits $375,000 $0 $375,000
2. Services and Supplies $0 $100,000 $100,000
3. Professional Services or
Public Agency Contracts $0 $0 $0
4. Non-Governmental
Organization (NGO) $0 $0 $0
5. Equipment/Fixed Assets $25,000 $475,000 $500,000
6. Other (Travel, Training,
etc.) $0 $0 $0
7. Indirect Costs $25,000 $25,000
TOTAL $400,000 $575,000 $1,000,000
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BSCC 1472-26
PAGE 1 OF 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (02/2025)
Rev 04/2020
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
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information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective
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at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
A. The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false
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information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
A. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.) B. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
C. Notification shall be provided to the State designee identified in this Contract.
D. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
E. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.
F. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
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1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment 1:
Proposition 64 PH&S Grant Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 4 Application for Funding.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Proposition 64 PH&S Grant Request for Proposals and Attachment 2:
Proposition 64 PH&S Grant Program Cohort 4 Application for Funding, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the [Grant Program Name] RFP and described in Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
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Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.
B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
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BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: Proposition 64 PH&S Grant Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 4 Application for Funding.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:
Proposition 64 PH&S Grant Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 4 Application for Funding, or approved modifications; 3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement.
Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to
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render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.
C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.
10. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16645 through 16649 to this Grant Agreement and agrees to the following:
A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.
B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.
C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.
11. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.