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2. Protected Participation. Protected participation includes, but is not limited to, filing a charge, testifying, assisting, or participating in any manner in an investigation under this Policy, or in a proceeding, hearing or litigation under federal or state discrimination, harassment, or retaliation statutes, at other hearings regarding protected employee rights, such as unemployment compensation proceedings, and making requests for reasonable accommodation of a Legally Protected Characteristic.
3. Adverse Action. Adverse actions include, but are not limited to, the following acts: disciplinary actions, negative performance evaluations, undesirable transfer, undesirable assignments, negative comments, unwarranted criticism, actions that harm the employee outside the workplace, undesirable change in benefits, undesirable change in work schedule, unwarranted exclusion from meetings or events, or undesirable change in work duties.
H. Supervisor. Any individual having the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct other employees, or to adjust their grievances, or to effectively recommend such action, if the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
Employees who have questions regarding these definitions or are uncertain what constitutes discrimination, harassment, sexual harassment, retaliation, or other prohibited conduct under the City’s policy should contact a supervisor, the Human Resources Department, or the City Manager.
SEC. 16.4 REPORTING DISCRIMINATION, HARASSMENT, RETALIATION, OR
ABUSIVE CONDUCT
A. In General. The City’s complaint procedure provides for an immediate, thorough, impartial, and objective investigation of every discrimination, harassment, retaliation, and abusive conduct claim, appropriate disciplinary action against one found to have engaged in prohibited discrimination, harassment, retaliation, or abusive conduct, and appropriate remedies to any victim of discrimination, harassment, retaliation, or abusive conduct. The City encourages reporting of all perceived incidents of discrimination, harassment, retaliation, and abusive conduct.
B. Complaint Procedure
1. The City cannot resolve discrimination, harassment, retaliation, or abusive conduct unless the City is aware of the situation. The City relies upon its employees to bring those concerns to the attention Agenda Item #5.1.
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of the City so that the necessary steps can be taken to correct the situation, and all employees are encouraged to do so. Accordingly, any employee, applicant, or guest who believes he or she has been harassed, discriminated or retaliated against or subjected to abusive conduct should promptly report the facts of the incident/incidents and the name(s) of the individual(s) involved to their immediate supervisor, any supervisor, the Human Resources Department or to the City Manager.
2. Complaints can be made verbally or in writing and should include the following information:
(a) The employee's name and position title.
(b) The name of the person or persons committing the
discrimination, harassment, or retaliation, including their title(s). (c) The specific nature of the discrimination, harassment, retaliation, or abusive conduct, how long it has been going on, and any adverse employment action, demotion, failure to promote, dismissal, refusal to hire, transfer, etc., taken against the victim as a result of the harassment, if applicable, or any other threats made against the victim as a result of the harassment.
(d) Witnesses to the discrimination, harassment, retaliation, or abusive conduct, if any.
(e) Whether the victim previously has reported such
discrimination, harassment, retaliation, or abusive conduct and, if so, when and to whom.
Notification to the City is essential. Employees may be assured that they will not be penalized in any way for filing a good faith complaint of potential discrimination, harassment, retaliation, or abusive conduct.
ALL EMPLOYEES SHOULD NOTE THAT THE FAILURE TO USE THE CITY’S COMPLAINT
PROCEDURE MAY HAVE AN ADVERSE EFFECT ON ANY CLAIM UNDER THIS POLICY IF SUCH CLAIMS ARE LITIGATED.
C. Reporting Obligations
1. Any supervisor who receives a complaint of discrimination, harassment, retaliation, or abusive conduct; witnesses
discrimination, harassment, retaliation, or abusive conduct; or has any reason to believe that discrimination, harassment, retaliation, or abusive conduct may have occurred in the workplace is required to Agenda Item #5.1.
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report the conduct immediately to the Human Resources
Department or the City Manager.
2. A supervisor will be subject to discipline for failing to report offensive conduct that potentially constitutes discrimination, harassment, retaliation, or abusive conduct if the supervisor knew or should have known of the offensive conduct in the normal course and scope of their supervisory duties.
3. All other employees who observe or are advised about the discrimination, harassment, retaliation, or abusive conduct involving another employee are encouraged to report the conduct to a supervisor, the Human Resources Department, or the City Manager.
D. The City’s Response to Reports or Complaints.
1. Investigation of Complaints.
(a) All incidents of discrimination, harassment, retaliation, and abusive conduct that are reported must be investigated
appropriately by the City so that corrective and preventive actions can be promptly taken if warranted. The City will promptly undertake or direct an effective, thorough, impartial, and objective investigation of the allegations, which will be conducted by qualified personnel.
(b) The investigation will include obtaining information from the accused and anyone who may have been a witness to the alleged misconduct. Statements made in the course of the investigation will be kept as confidential as practicable.
(c) The City will document each complaint and track each investigation to ensure reasonable progress, timely closure, and reasonable findings based on the evidence collected.
2. Intermediary Measures. Employees may be placed on a leave of absence, temporarily transferred or assigned other working hours or duties, or subject to other intermediary measures, until the conclusion of the investigation.
3. Cooperation with the Investigation.
(a) It is important for the complaining party, the accused party, and all persons interviewed as witnesses during the investigation to understand that it is a violation of this policy to discuss any confidential investigation matters with other employees, or to conduct separate investigations at any time. The City will not Agenda Item #5.1.
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tolerate any employees who interfere with its own internal investigations, or internal complaint procedures.
(b) All employees involved in a workplace investigation into alleged discrimination, harassment, retaliation, or abusive conduct are required to fully and truthfully cooperate with the investigation.
Failure to fully and truthfully cooperate with the investigation is grounds for disciplinary action, up to and including termination. (c) All employees are prohibited from engaging in retaliation.
4. City Determination and Corrective Action.
(a) The City will make its determination based on the findings of the investigation and communicate that determination to the complaining employee, and to the accused. Parties are not entitled to copies of any notes or other written materials regarding the investigation, as these are considered to be confidential documents.
(b) If it is determined that the accused, or any other employee has violated City policies, appropriate corrective action will be taken. In addition, as part of the City’s efforts to remedy the complaining employee's concerns, the complaining employee will be informed in general terms regarding any remedial measures and disciplinary actions imposed against the violator.
(c) In light of the City’s desire to have a professional and productive work environment, the City reserves the right to take appropriate corrective action when an employee engages in inappropriate conduct that does not fully rise to the legal standards or definitions set forth in this Policy. For example, the City may take appropriate corrective action for inappropriate conduct, even if such conduct was not subjectively unwelcome or offensive to another employee of the City, or did not involve a legally protected characteristic.
5. Anonymity and Confidentiality.
(a) While the City will investigate anonymous complaints, the City strongly discourages anonymous complaints.
EMPLOYEES CHOOSING TO FILE A COMPLAINT ANONYMOUSLY MUST BE AWARE THAT ANONYMITY IN THE COMPLAINT PROCEDURE MAY COMPROMISE THE CITY’S ABILITY TO COMPLETE A THOROUGH INVESTIGATION.
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(b) Employees should also be aware that should the City learn of the identity of an anonymous complainant, the City cannot guarantee that their identity will remain confidential, if the City determines in its discretion that disclosure is necessary to complete the investigation.
(c) The City will take all reasonable steps available to maintain the confidentiality of all complaints of discrimination, harassment, retaliation, and abusive conduct, as well as all information gathered during an investigation. However, the City retains sole discretion to determine whether disclosure of information is necessary to complete the investigation.
(d) All employees involved in the investigation of discrimination, harassment, retaliation, or abusive conduct complaints as either investigator(s), complainant(s), witness(es), or accused are required to keep all information related to the investigation confidential except as may be needed to consult legal counsel or an association representative (if any). Revealing such information is grounds for disciplinary action, except as expressly permitted by law, such as in discussion with a legal or employee representative.
SEC. 16.5 EMPLOYEE’S DUTY TO DISCLOSE BENEFITS RECEIVED Employees are hereby informed that no supervisor, manager, or officer of the City, or other person or entity doing business with the City, is authorized to expressly or impliedly condition the receipt or denial of any benefit, compensation, or other term or condition of employment on an employee’s acquiescence to any sexual demand.
To the contrary, all employees are instructed that they must refuse such demands and report them promptly either to their immediate supervisor, the Human Resources Department, or to the City Manager. Any employee who is found to have accepted any benefit from the City because he/she submitted to an unreported sexual demand will be disciplined appropriately, including but not limited to, reimbursement for the value of any benefits received. Any employee making such a demand will be similarly disciplined.
SEC. 16.6 ADDITIONAL ENFORCEMENT INFORMATION
In addition to the City’s internal complaint procedure, employees should also be aware that the Equal Employment Opportunity Commission (“EEOC”) and the Department of Fair Employment and Housing (“DFEH”) investigate and prosecute complaints of discrimination, harassment, and/or retaliation in employment.
Employees can contact the EEOC as follows:
San Francisco City Office San Jose Local Office
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450 Golden Gate Avenue
5 West P.O. Box 36025
San Francisco, CA 94102-3661
800-669-4000 | 510-735-8909 (TTY)
www.eeoc.gov
96 N. Third St., Suite 250
San Jose, CA 95112
800-669-4000 | 800-669-6820 (TTY)
www.eeoc.gov
Employees can contact the DFEH as follows:
Bay Area Regional Office
39141 Civic Center Drive, Suite 250
Fremont, CA 94538
800-884-1684 | 800-700-2320 (TTY)
www.dfeh.ca.gov
SEC. 16.7 TRAINING AND POLICY DISSEMINATION
A. All employees who are hired by the City will be given a copy of this Policy, and will receive guidance from the City on its provisions and the City’s commitment to provide a workplace free from discrimination, harassment, and retaliation.
B. All employees will be trained in accordance with applicable requirements of the Fair Employment and Housing Act (Government Code § 12950.1) and implementing regulations.
Non-Supervisory Employees: Non-Supervisory employees will receive training lasting for a minimum of one (1) hour, within six (6) months of their assumption of a position, and will be trained once every two (2) years on matters relating to the prevention, reporting and correction of harassment, discrimination and retaliation. Seasonal and temporary employees may receive the above one-hour training if they are directly hired by the City.
Supervisory Employees:
1. All supervisory employees will be trained once every two (2) years on matters relating to the prevention, reporting, and investigation of harassment, discrimination, and retaliation. Further, individuals appointed to supervisory positions from a non-supervisory position or as a new employee shall receive training within six (6) months of their hiring or assumption of the supervisory position.
2. Supervisory training will last for a minimum of two (2) hours.
3. Supervisory training will be conducted in a classroom or other interactive setting and will, at a minimum, cover the following topics:
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4. Information and practical guidance regarding federal and state statutory laws about sexual harassment;
(a) Information about the correction of sexual harassment and the remedies available to victims of sexual harassment; and (b) Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation. (c) Information and practical guidance regarding the
prevention of abusive conduct, which is defined as follows:
conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include, but is not limited to, repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.
RULE 17. DRUG FREE WORKPLACE
SEC. 17.1 PURPOSE
It is the City’s goal to create a healthy and safe working environment in order to deliver the best and most efficient services to the members of the City. It is the responsibility of all employees of the City to cooperate in efforts to protect the life, personal safety, and property of co-workers and members.
Substance abuse has been found to be a contributing factor to absenteeism, substandard performance, increased potential for accidents, poor morale, and impaired public relations. It is the goal of this policy to prevent substance abuse, including alcohol abuse, in the workplace by clearly stating employee responsibilities relative to substance abuse and by providing managers and supervisors with guidelines and procedures for the detection of such abuse and the enforcement of related rules.
Accordingly, employees must take all reasonable steps to abide by and cooperate in the implementation and enforcement of these policies and regulations.
The City encourages employees who believe that they may have a drug or alcohol problem to voluntarily seek counseling, assistance, and/or rehabilitation, and will be supportive of those employees who voluntarily seek help before the City discovers that the employee has a drug or alcohol problem. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance through the City’s Employee Assistance Program (E.A.P.) However, the City will be equally firm in identifying and disciplining those employees who are substance abusers and do not seek help before performance issues arise or other misconduct occurs.
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Alcohol and/or drug abuse will not be tolerated on or off the job for any employee, and disciplinary action, up to and including termination, will be used as necessary to achieve the goal of eliminating substance abuse in the workplace.
As required by the Drug-Free Workplace Act of 1988, this policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of City Manager and employees. To that end, the City will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee’s ability to safely and effectively perform the functions of the particular job) that increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage to the City’s reputation.
All employees and applicants should be aware that violations of this policy may result in discipline, up to and including termination, or in not being hired.
SEC. 17.2 APPLICABILITY
This policy applies to all employees of and to all applicants for positions with the City.
This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal that could impair an employee’s or officer’s ability to effectively and safely perform the functions of the job.
Certain City employees are also subject to the Omnibus Transportation Employee Testing Act of 1991 (Pub. L. No. 102-143, 105 Stat. 952, as amended), which requires alcohol and drug testing of safety-sensitive transportation employees who are required to have a commercial driver’s license (49 CFR Parts 40, 382, 391, 392, and 395, as amended). Employees who are required to have commercial driver’s licenses are covered by this Policy, except to the extent that it conflicts with any other District policy or state or federal law governing drug testing of employees required to possess a commercial driver’s license.
SEC. 17.3 RESPONSIBILITY
It is the responsibility of all employees to understand and abide by the provisions of this policy. It is the responsibility of managers and supervisors to ensure that all employees and officers abide by the provisions of this policy.
SEC. 17.4 DEFINITIONS
A. Alcohol or Alcoholic Beverage. Any liquid containing ethyl alcohol (ethanol) and/or any beverage that has alcoholic content in excess of 5% by volume.
B. Applicant. Any person applying for employment with the City who has been extended a conditional offer of employment.
C. Controlled Substance. Any drug that is classified by the federal Drug Enforcement Administration into the five schedules or classes on the basis Agenda Item #5.1.
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of their potential for abuse, accepted use, and accepted safety under medical supervision. Examples of controlled substances include, but are not limited to, marijuana/cannabis metabolites, cocaine metabolites, opiate metabolites, amphetamines, and phencyclidine (PCP).
D. Drug(s). Any substance (other than alcohol) or metabolite capable of altering the mood, sensory perception, cognitive abilities, motor skills, reaction time, rationality or judgment of the individual in whose body it is present. The term “drug” refers to both Legal and/or illegal drugs, as defined herein.
E. Drug Paraphernalia. Any device or instrument used for injecting, smoking, consuming, or otherwise administering a controlled substance or legal and/or illegal drug, which includes, but is not limited to, the items set forth in California Health and Safety Code Section 11364.
F. Human Resources Department. The City’s Human Resources Director or their designee.
G. Prescription Drug. Any substance lawfully prescribed by a licensed or regulated professional for consumption or use.
H. Illegal Drug. A controlled substance, a legal drug which has not been legally obtained, or a legal drug which was legally obtained, but that is being sold or distributed unlawfully.
I. Legal Drug. Any drug, including any prescription drug or over the counter drug, that has been legally obtained and that is not unlawfully sold or distributed.
J. Impaired. Diminished capacity, ability, mental acuity, or performance.
K. Intoxicant. Any substance (including alcohol and/or alcoholic beverages) or metabolite capable of altering the mood, sensory perception, cognitive abilities, motor skills, reaction time, rationality or judgment of the individual in whose body it is present.
L. Reasonable Suspicion. A belief based upon objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired or so that the employee’s ability to perform their job safely is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion:
1. Slurred speech;
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2. Alcohol odor on breath, or other observed odor from an employee that is customarily associated with drug or alcohol use;
3. Unsteady walking and movement;
4. Physical impairment (e.g., glassy eyes, eye dilation, shaking, or erratic movement);
5. An accident involving damage to City property or personal injury;
6. Physical altercation;
7. Verbal altercation;
8. Unusual behavior;
9. Job impairment;
10. Possession of alcohol or drugs; or
11. Information obtained from a reliable source with personal knowledge.
M. City Manager. The City Manager or their designee.
N. Under the Influence of Drugs or Alcohol. The use of (1) any alcoholic beverage; (2) any illegal drug or substance, or (3) the use or misuse of any legal drug, in a manner and to a degree that impairs the employee’s work performance or ability to use the City’s property or equipment safely.
SEC. 17.5 POLICY
A. Employee Responsibilities. An employee must:
1. Sign and submit to their immediate supervisor or the Human Resources Director the Acknowledgement of Receipt of Drug-Free Workplace Policy, noting specifically that the employee has read, understood, and agreed to abide by the provisions of this policy as a condition of continued employment.
2. Not report to work or be subject to duty (on standby) while under the influence of alcohol and/or any alcoholic beverages. Employees shall not consume, use, possess, or be under the influence of alcohol and/or alcoholic beverages while on the City premises, on the City property, or in a City vehicle or at any time while on duty, during meal or rest periods, while on-call, while on stand-by or while wearing a City uniform.
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3. Not report to work or be subject to duty while under the influence of drugs whenever the use of the legal drug might do any of the following:
(a) Endanger the safety of the employee or another person; (b) Pose a risk of significant damage to the City’s property or equipment; or
(c) Substantially interfere with the employee’s job performance or the safe or efficient operation of the City’s business or equipment.
(d) Also, employees shall not consume, use, possess, or be under the influence of any illegal drugs or intoxicants while on City premises, on City property, or in a City vehicle or at any time while on duty, during meal or rest periods, while on stand-by or while wearing a District uniform.
4. Notify their supervisor, Department Head and/or the Human Resources Director, before beginning work, when taking any medication or legal drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of City equipment. An employee who is unsure if a drug might impair their ability to perform the job properly and safely must advise their supervisor or Department Head of the potential concern before beginning work. In doing so, employees are not required to disclose the name of a medication or the medical reason for taking the drug, but may instead focus on the potential for impairment in relation to assigned job duties.
5. Not manufacture, possess, use, trade, offer to sell, sell, or buy drugs or alcohol during working hours or while subject to duty (on stand by), on breaks, during meal periods, or anytime while on the City’s property or wearing a City-issued uniform. This policy is not intended to prevent an employee from lawful possession, purchase or use of prescribed and/or over the counter drugs that do not impair the employee’s work performance or ability to use the City’s property or equipment safely.
6. Not store in a locker, desk, automobile, or other repository on the City’s property, any alcohol or illegal drug. This policy is not intended to prevent an employee from possessing alcoholic beverages in sealed containers in their personal vehicle. Nor is this policy intended to prevent presentation of alcohol as a gift.
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7. Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty or subject to duty. This policy is not intended to prevent an employee from possessing alcoholic beverages in sealed containers in their personal vehicle. Nor is this policy intended to prevent presentation of alcohol as a gift, where otherwise permitted.
8. Submit to an alcohol and/or drug test when requested to do so by the employee’s Department Head in accordance with the guidelines set forth in this policy.
9. Provide, within 24 hours of a request, bona fide verification of a current, valid prescription for any potentially impairing drug or medication identified when a drug test is positive. The prescription must be in the employee’s name.
10. File an “Employee Report of Conviction for Violating Criminal Drug Statutes in The Workplace” form with the Human Resources Department within five (5) days of such conviction.
B. City Responsibilities.
1. The City Manager, in consultation with Human Resources, is responsible for reasonable enforcement of this policy.
2. The City Manager or supervisor, after consulting with Human Resources, may request that an employee submit to a drug and/or alcohol test in accordance with the guidelines set forth in this policy.
3. Whenever an employee refuses an order to submit to a drug or alcohol test upon appropriate request, the employee will be reminded of the requirements of this policy and the disciplinary consequences for their refusal. Such refusal may be considered insubordination and grounds for disciplinary action up to and including termination.
4. Where there is reasonable suspicion that an employee is under the influence of drugs or alcohol, the employee will be detained for a reasonable time until the employee can be safely transported home at the employee’s own cost.
5. Employees must not physically search the person of another employee, nor may they search the personal possessions of another employee without that employee’s consent in the presence of the City Manager or the Human Resources Director.
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6. Supervisors must notify the Human Resources Department when they have reasonable suspicion to believe that an employee may have illegal drugs in their possession or in an area not jointly or fully controlled by the City. If the Human Resources Department concurs that there is reasonable suspicion of illegal drug possession, the Human Resources Department may notify the appropriate law enforcement agency.
C. Rehabilitation.
1. General. The City encourages those employees who think that they may have a problem with abusing drugs and/or alcohol to seek assistance and rehabilitation at an early date, prior to notification of alcohol/drug testing, prior to performance issues or other misconduct associated with abuse, and prior to any other means of discovery by the City of the employee’s drug and/or alcohol problem. However, the City reserves the right to discipline employees, up to and including termination, who are discovered to have a problem with abusing drugs or alcohol, and do not come forward for help prior to the City’s discovery or the City’s demand that the employee submit to a drug or alcohol test.
2. Employee Assistance. The Employee Assistance Program (E.A.P.) is available to assist employees in their efforts to overcome problems with drugs and/or alcohol abuse. Information pertaining to such programs may be obtained by contacting the Human Resources Department.
3. Voluntary Referral. If done prior to the City’s discovery of or request for a drug or alcohol test, an employee’s effort to voluntarily seek treatment or rehabilitation for the first time, will not be used as the basis for disciplinary action. However, the City may in such cases require employees to comply with the provisions of the Last Chance Agreement and Follow-Up Testing.
4. Leave of Absence. If necessary, the employee may be granted a leave of absence in order to participate in treatment and rehabilitation. Such a leave of absence will be unpaid and subject to the requirements of applicable state/federal laws and the City’s Personnel Rules regarding unpaid leaves of absences. An employee is required to exhaust all paid leaves prior to being granted an unpaid leave of absence for the purpose of receiving treatment and rehabilitation. Where permitted by applicable law, the City reserves the right to deny such leave if granting the leave would impose an undue hardship on the City.
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5. Last Chance Agreement. The City has the discretion to allow employees who are undergoing treatment or rehabilitation to sign a Last Chance Agreement in lieu of termination for work-related drug or alcohol use. A Last Chance Agreement is a condition of continued employment, in which the employee promises to complete the treatment or the rehabilitation program and to comply with other specified terms. If the employee refuses to sign the Last Chance Agreement or violates the agreement, the employee will be subject to disciplinary action up to and including termination.
6. Follow-Up Testing. An employee entering a rehabilitation or treatment program may be required to submit to random testing for up to one (1) year after completion of the program. If the employee fails to comply or if further substance abuse is detected upon such testing, the employee may be subject to disciplinary action up to and including termination.
D. Drug Testing Guidelines.
1. Drug Testing. Employees subjected to a drug test will be tested by submitting to a urinalysis test. The urinalysis test will be administered by a medical facility designated by the City, according to its testing protocol. The drug test will test for the following classes of drugs: amphetamines, cocaine, THC, methamphetamine,
opiates.
(a) Medical Marijuana. The City recognizes that the State of California has legalized the use of marijuana for certain medical uses as well as recreational use. However, in accordance federal law, the City treats medical marijuana the same as any other illegal drug that is subject to regulation under this Policy. The City reserves the right to take any action under this policy when the drug involved is marijuana, whether it is used for medical or non-medical purposes.
2. Alcohol Testing. Employees subjected to an alcohol test will be tested by submitting to a breathalyzer test. The breathalyzer test will be administered by the medical facility designated by the City, according to its testing protocol.
3. Pre-Employment Examinations.
(a) Required. Certain pre-employment physical examinations will include drug and alcohol testing. No drug or alcohol test will be administered prior to the applicant receiving a conditional offer of employment. Only safety sensitive positions or those positions that interact with children will be subject to this section. The City Agenda Item #5.1.
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will designate whether the position is safety sensitive or interacts with Children in the job announcement. For purposes of preemployment drug/alcohol testing, this includes the following categories of positions:
Safety-Sensitive. Safety-sensitive positions include those positions with duties that are fraught with such risks to others that even a momentary lapse of attention can have disastrous consequences.
Interaction with Children. Positions that include interaction with children are those in which employees are directly responsible for protecting children or have continuous interaction or supervision that puts them in a position of influence over children. (b) Results. A positive result for a drug and/or alcohol analysis may result in the applicant not being hired. If a drug screen is positive at the pre-employment physical, the applicant may be requested to provide, within twenty-four (24) hours of the request, bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant’s name, or if the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant’s ability to perform the job duties, the applicant may not be hired.
SEC. 17.6 ALCOHOL/DRUG TESTING OF EMPLOYEES
A. Cause. With the exception of the pre-employment drug and alcohol tests, employees will only be required to submit to drug and/or alcohol tests in the following circumstances:
1. When the City Manager, the Human Resources Director, or supervisor has a reasonable suspicion that the employee is under the influence of drugs or alcohol while on the job or subject to being called to the job.
2. When the City Manager, the Human Resources Director, or supervisor has a reasonable suspicion that the employee is in possession of drugs and/or alcohol in a manner which is in violation of this policy.
3. When an employee who suffers a work-related injury, which requires medical treatment other than first aid may be required to submit to a drug and/or alcohol test at the time they receive medical treatment for their injuries.
4. When the employee is subjected to Return to Duty and/or FollowUp Testing following the employee’s return from rehabilitation and/or treatment.
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B. Documentation. When the City Manager, the Human Resources Director, or supervisor requests that an employee submit to a drug and/or alcohol test based on reasonable suspicion, that person must document in writing the facts constituting the reasonable suspicion that the employee in question is under the influence of drugs and/or alcohol. When possible, the employee’s behavior should be witnessed and separately documented by another supervisor.
C. Prerequisite. Prior to the administration of any drug or alcohol testing, the City’s designated physician and/or the City Manager, the Human Resources Director, or supervisor will attempt to obtain from the employee to be tested a completed and signed consent form. This form will provide the employee’s consent in writing to physical and/or psychological examination and testing and will authorize the release of such information by the physician to the City. Refusal by the employee to sign a consent form is considered insubordination and may be grounds for disciplinary action, up to and including termination.
D. Results. If the drug screen is positive, the employee may be requested to provide, within twenty-four (24) hours of the test results, bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee’s name.
E. Confidentiality. Laboratory reports and test results will not be included in an employee’s general personnel file. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control the Human Resources Department. The reports or test results may be disclosed to supervisors on a strictly need-to-know basis and to the tested employee upon request.
Disclosures, without employee consent, may also occur when:
1. The information is compelled by law or by judicial or administrative process;
2. The information has been placed at issue in a formal dispute between the City and the employee;
3. The information is to be used in administering an employee benefit plan; or
4. The information is needed by medical personnel for the diagnosis or treatment of the employee, when the medical personnel is unable to authorize the disclosure.
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F. Disciplinary Action. Disciplinary action, up to and including termination, may be taken against an employee for any violation of this policy, including, but not limited to the following reasons:
1. Failure to comply with any of the Employee Responsibilities set forth in this policy.
2. Positive results from a drug and/or alcohol test.
3. Refusal to be tested in accordance with this policy.
4. Violation of or refusal to enter into a Last Chance Agreement.
SEC. 17.7 CONSTITUTIONALITY
It is the intent of this policy statement to conform to state and federal constitutional guarantees. Should any provision of this policy statement not conform to statutory, constitutional or court restrictions, such non-conforming provision(s) will not be enforced.
RULE 18. PERSONNEL FILES AND RECORDS
SEC. 18.1 IN GENERAL
The City maintains a personnel file on each employee. An employee’s personnel file will contain only material that the City determines is necessary and relevant to the administration of the City’s personnel program. Personnel files are the property of the City, and access to the information they contain is restricted, subject to, and in accordance with, this Policy.
A. Inspection of and Obtaining a Current or Former Employee's Personnel File.
1. A current or former employee wishing to inspect/ obtain copies of their personnel file must submit a written request to the Human Resources Department, along with reasonable proof of identity. A current or former employee who seeks to authorize another person to inspect copies of their personnel file must provide a satisfactory written authorization for inclusion with the written request along with proof of identity. Reasonable proof of identity may be required at the time of in-person pick up of requested documents.
2. The City shall issue a written notice setting a date for inspection of the personnel file within thirty calendar days of receipt of the request, to take place during normal business hours. With the requesting person's written consent, the date for inspection may be extended on one occasion by up to five (5) calendar days. If the Agenda Item #5.1.
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requesting person is a former employee who was terminated for violation of City policy or law involving harassment or workplace violence, the City shall have discretion to mail a copy of the personnel file at the City’s expense instead of scheduling an inperson inspection.
3. The City shall issue a written notice setting a date on which the requested copies may be picked up in person during normal business hours and identifying the cost of reproduction that must be paid to the City at the time of pick up. The date for in-person pick up of the documents shall be no more than thirty calendar days after receipt of the request by the City. With the requesting person's written consent, that date may be extended on one occasion by up to five (5) calendar days. If the requesting person is a former employee who was terminated for violation of City policy or law involving harassment or workplace violence, the City shall have discretion to mail a copy of the personnel file at the expense of the City instead of scheduling an in-person pick up.
4. A current employee may inspect their personnel file at the place the employee reports to work, or may instead consent to inspect their personnel file at City Office without loss of compensation.
Inspection by former employees and authorized representatives shall take place at the HR office, unless otherwise mutually agreed in writing by the City, and may require additional reasonable proof of identity.
5. A designated City employee must be present throughout the inspection. Neither personnel files nor contents of personnel files shall be removed from the place of inspection without advance written authorization from the Human Resources Director.
6. If the requesting person chooses delivery by mail instead of inperson pick up, the notice provided by the City shall also identify the additional actual postage expenses for which the requesting person must reimburse the City prior to receipt of the copies.
B. Limits on Frequency of Exercise of Rights to Inspect or Receive Copies of Personnel Files.
1. Current employees shall be entitled to exercise rights under this policy to inspect and obtain copies of personnel records at reasonable intervals upon reasonable notice in accordance with this policy.
Agenda Item #5.1.
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2. Former employees shall be entitled to exercise rights under this policy to inspect or receive copies of their personnel records once per year.
3. The City shall comply with a maximum of fifty (50) requests per month filed under this policy by one or more representatives of current Employees.
C. Access to Personnel Records by Department Directors
1. Department Directors shall have access to all records, documents, and papers pertaining to employees in their department, if the examination shall aid in the discharge of their duties. All personnel records are confidential, and the Department Director shall maintain this confidentiality.
2. Each employee is responsible for keeping their file up to date by notifying the Human Resources Department of any changes to relevant personal information, including, but not limited to change of address, contact information, emergency contact information, and number and names of dependents for health benefit
maintenance.
D. Personnel Action Form.
Every appointment, transfer, promotion, demotion, termination, or any other temporary or permanent change in status of employees shall be reported to the Human Resources Department in such manner as prescribed. A Personnel Action Form shall include the employee’s name, title of position held, the department to which assigned, salary, changes in employment status, residence data, and such other information as may be considered pertinent. Signature of the Human Resources Director shall be included on Personnel Action Forms as a result of an appointment, promotion, demotion, transfer and termination. A copy of the Personnel Action Form shall be included in the employee’s personnel file. A copy of the form shall be delivered to Finance before payment is made to the appointee.
RULE 19. POLICY ON THE USE OF ELECTRONIC COMMUNICATIONS SEC. 19.1 PURPOSE
A. The City is making every effort to provide its employees with the best technology available to conduct the City’s business. In this regard, the City has installed, at substantial cost, equipment such as computers and advanced technological systems such as electronic mail (E-mail) for use to conduct its official business.
Agenda Item #5.1.
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B. This Policy was created to advise all users regarding the access to and the disclosure of information created, transmitted, received and stored via the use of land-line telephones, City-owned cellular phones, the Internet, City e-mail, computer systems, and Electronic Storage Systems. This policy also identifies the appropriate use of City cellular phones, ownership of City cellular phones, and address privacy of any data contained on or transmitted using City cellular phones, as outlined under this policy.
C. The City’s Policy regarding the use of the Electronic Communications Systems, including, but not limited to, Internet, intranet, and E-mail is, among other things, intended to guide employees on the performance of their duties. This Policy is also intended to place all users on notice that they should have no expectation of privacy when using any of the City’s Electronic Communications Systems.
D. The City reserves the right to monitor Internet use, all e-mail, and other computer transmissions, land-line telephones, City-owned cellular phones, as well as any stored information, created, or received by users within any of the City’s Electronic Communications Systems. The reservation of this right is to ensure that public resources are being used appropriately and to ensure that the City’s Electronic Communications Systems are operating as efficiently as possible in order to protect the public interest. All computer applications, programs, and any information—whether work-related or personal, created or stored by users on City’s Electronic Communications Systems—are City Property.
E. This Policy applies to all employees of the City and to any person who is given access to the City’s Electronic Communications Systems. No person shall access the City’s Electronic Communications Systems without reading and complying with the procedures set forth in this Policy.
SEC. 19.2 DEFINITIONS
A. Cellular Phone (Mobile Phone). A type of short-wave analog or digital telecommunication in which a subscriber has a wireless connection from a mobile telephone to a relatively nearby transmitter. Types of cellular phones include Digital/Analog, satellite, Wi-Fi, as well as Smartphones such as Blackberry, iPhone, and other data-enabled phones including devices equipped with direct connect functionality.
B. Electronic Communications. Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photoelectric, or photo optical system, including but not limited to telephone calls, cellular phone calls, fax machine transmissions, text messages, and e-mail.
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C. Electronic Communications Systems. All electronic equipment, devices, software, data, and/or other means of electronic communication (either furnished by the City or property of the employee used to conduct City business), including, but not limited to computer hardware and software, telephones, fax machines, cellular telephones, pagers, e-mail, Internet/World Wide Web, voice mail, personal digital assistants, and tablets. It also includes any wire, radio, electromagnetic, photo optical, photo electronic facilities for the transmission of Electronic Communications, and any computer facilities or related electronic equipment for the Electronic Storage of such communications as well as any newly created devices yet to be created.
D. Electronic Mail (E-mail). E-mail may include non-interactive communication of text, data, images or voice messages between a sender and designated recipient(s) by systems utilizing telecommunications links.
It may also include correspondence transmitted and stored electronically using software facilities called “e-mail”, “facsimile” or “instant messaging” system; or voice messages transmitted and stored for later retrieval from a computer system.
E. Electronic Storage Systems. Any stored data, wire or Electronic Communication incidental to electronic transmission thereof. It also means any stored communications by an Electronic Communications service for purposes of backup protection of such communication.
F. Hands-free. An adjective used to describe a device that can be used without the use of hands; most commonly used with mobile phones.
Hands-free devices are equipped with both a speaker and a microphone.
Common examples of hands-free devices are mobile headsets and earpieces, which can be wired or wireless, as well as blue-tooth devices, which use wireless technology to exchange data over short distances.
G. Messaging (Instant / Text (SMS) / PIN). A text-based conference over telecommunication lines such as the Internet and/or cellular frequencies between two or more people who may or may be connected at the same time.
H. Internet. Internet refers to a worldwide network of networks, connecting informational networks communicating through a common
communications language or “protocol.”
I. Landline. Landline refers to Standard telephone and data communications systems that use in-ground and telephone pole cables in contrast to wireless cellular and satellite services.
J. Smartphone. A cellular phone that is characterized as a wireless telephone set with special computer-enabled features, such as e-mail, Agenda Item #5.1.
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text-messaging, Internet, Web browsing, fax, PIM, and LAN connectivity that provides computing and information storage and retrieval capabilities for personal or business use. Examples include Blackberry, iPhone, and other data-enabled devices running software such as Windows Mobile and Android.
K. Social Networking Sites. Any web-based URL site that allows for the public or private posting of messages, photos or video. Social networking sites include, but are not limited to, Facebook, LinkedIn, Twitter, YouTube, Yelp, and Instagram.
L. Standards. Departmental directions or instructions describing how to achieve policy.
M. Users. Any person using the City’s Electronic Communications Systems.
N. Vendors. Any private person or business enterprise doing business with the City.
O. Wi-Fi cellular phone. A cellular telephone that can automatically switch between conventional cellular and Wi-Fi VoIP modes, even during the course of a conversation. A Wi-Fi LAN acts, in effect, as a cellular repeater for such a phone.
P. Litigation Hold. Litigation Hold, also known as “legal hold,” is used to preserve mailbox items, data and information stored on Electronic Storage Systems for discovery before and during legal proceedings, investigations or similar events. The goal is to preserve mailbox items from inadvertent or purposeful modification or deletion by the mailbox owner or any user with mailbox access, as well as automated deletion processes.
Items in litigation hold are returned when discovery searches are performed.
Q. Public Record. Any record relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.
R. Records Retention Schedule. The most current protocol or schedule, approved by the Council, related to the retention or destruction of the City records.
SEC. 19.3 POLICY AND PROCEDURES
A. Access of Electronic Communications Systems.
1. No regular, probationary, temporary, seasonal, or contractual City employee or volunteer shall access the City’s Electronic Agenda Item #5.1.
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Communications Systems without reading and complying with the procedures set forth in this Policy.
2. All employees, official, contractors, interns and volunteers provided access to the City’s Electronic Communications Systems, Electronic Communications, and Electronic Storage shall be given a copy of this and all related technology policies and shall sign an acknowledgement of the policies recognizing the parameters for compliance.
B. No Right of Privacy.
1. The City respects the individual privacy of its employees. However, employee privacy does not extend to the employee’s work-related conduct or to the use of City-provided equipment or supplies.
Employees should be aware that the terms of this Policy limit their privacy in the workplace.
2. 2. The City’s Electronic Communications Systems, Electronic Communications, and Electronic Storage are City property and are intended for City business. All Electronic Communications and Electronic Storage within these systems are the property of the City, regardless of the content, including any personal communications.
The City reserves the right to monitor the Electronic
Communications Systems for any reason at any time without notice to the user(s), including the right to review, audit, and disclose all matters and content sent over and/or stored on Electronic Communications Systems.
3. As a result, employees should be aware that no Electronic Communications transmitted on the Electronic Communications Systems, or Electronic Storage contained within the systems, is private or confidential. Employees should have no expectation of privacy with respect to any use, including storage, business or personal, of the City’s Electronic Communications Systems.
4. Employees should be aware that Electronic Communications and/or Electronic Storage can be copied, modified, and/or forwarded to others without the express permission of the original author.
Therefore, employees must use caution in the storage, transmission, and dissemination of Electronic Communications outside of the City and must comply with all state and federal laws.
5. Electronic Communications and/or Electronic Storage of the City may be recognized as official records in need of
protection/retention in accordance with state and federal laws. All electronic communications are subject to the Personnel Rules and Agenda Item #5.1.
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all state and federal laws, including but not limited to the California Public Records Act, open meeting laws, and the federal Electronic Communications Privacy Act.
C. Passwords.
All passwords created by the user or issued to the user are for the purpose of communication and are not to be shared, given, or otherwise disclosed to any other person. Passwords must not be shared and may be changed periodically by the City to ensure security. All security features contained within the City’s Electronic Communications Systems such as passwords, codes, or delete functions will not prevent the City from accessing employees’ business or personal Electronic Communications, stored or otherwise, on the City’s Electronic Storage Systems.
D. Appropriate Use of Electronic Communications Systems.
The City’s Electronic Communications Systems are designed to facilitate City business and communication through the appropriate use of the Electronic Communications Systems and Electronic Storage thereon. The City values its Electronic Communications Systems and Electronic Storage, and takes measures to safeguard them from corruption and illegal use, and to protect the City from any possible liability due to illegal use of the Electronic Communications Systems and Electronic Storage.
1. No user shall access the City’s Electronic Communications Systems without reading and complying with the procedures set forth in this Policy.
2. All users requesting authorization to access the City’s Electronic Communications Systems, Electronic Communications, and/or Electronic Storage shall be given a copy of all related technology policies and shall sign an acknowledgement of the policies recognizing the parameters for compliance with those policies.
E. Improper Use of Electronic Communications Systems.
It is the responsibility of each City employee to use the City’s Electronic Communications Systems in a professional and courteous manner. The City forbids the use of its Electronic Communications Systems in a manner that violates any law, regulation, ordinance, or policy or procedure of the City. Electronic Communications Systems should not be used in any way that is offensive, harmful, or insulting to any person. Examples of prohibited uses include, but are not limited to:
1. Illegal activities;
2. Solicitation of funds;
3. Political messages or transmissions;
Agenda Item #5.1.
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4. Messages or transmissions that violate the City’s Policy Against Harassment, Discrimination, Retaliation and Abusive Conduct based on gender, genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, physical or mental disability, medical condition, marital status, sexual orientation, gender expression or identity, age, pregnancy, childbirth, or related medical condition, military or veteran’s status, or any other basis protected by applicable federal, state or local law;
5. Messages or transmissions that violate the City’s personnel rules, and/or another policy of the City, including, but not limited to, policy against workplace violence or drug-free workplace policies; or
6. Any other message or transmissions which are in any way inappropriate.
F. Personal Use of Electronics Communications Systems.
The City’s Electronic Communications Systems are primarily for conducting City business. Limited, occasional, or incidental use of the electronics communications systems (either furnished by the City or property of the employee) for personal, nonbusiness purposed is permitted only under the following circumstances:
1. Personal use may not interfere with the productivity of the employee or their co-workers;
2. Personal use may not involve any prohibited activity described in this Policy;
3. Personal use may not involve conduct that is prohibited under other City Policy or Rule;
4. Personal use may not disrupt or delay the performance of City business;
5. Personal use may not consume City resources or otherwise deplete system resources available for City business purposes;
6. Personal use may not be used for personal employee gain or commercial ventures;
7. Personal use may not support or advocate non-City-related business purposes.
If an employee’s personal use of the City’s Electronic Communications Systems results in a cost to the City, the cost must be reimbursed to the City by the employee.
G. Retention of Electronic Communications.
Agenda Item #5.1.
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1. All E-mail maintained on a City owned or furnished Electronic Communications Device or City controlled and maintained Electronic Communications System or stored on a City controlled or maintained Electronic Storage System is potentially a public record under California Public Records Act, Accordingly, employees and officials have the same responsibility for E-mail as for any other public record subject to the guidelines established under this Section.
2. No electronic communication shall be considered by the City to be retained in the ordinary course of business, with the exception of electronic communication containing content required to be retained by law. It is the responsibility of the creator to determine if an electronic communication sent internally should be classified as a record that requires retention in accordance with the City approved Records Retention Schedule. It is the responsibility of the recipient of an electronic communication received from outside City sources to determine if an electronic communication should be classified as a record that requires retention in accordance with the City Council approved Records Retention Schedule. Once retention status is determined, transfer of the electronic communication to a printed hard copy is required prior to deletion or purge from the electronic communication system.
3. Categories of E-mail: E-mail generally falls within two broad categories: transitory messages and public records of lasting value.
Questions about the proper classification of a specific E-mail, record, or piece of information should be directed to the employee’s supervisor or Department Head. City officials should consult with the City Manager or City Attorney.
(a) Transitory Messages:
An E-mail should be categorized as a “transitory message” when it is a routine communication or information exchange; does not have lasting value; does not document City business that should be preserved for future reference; and conveys information of limited important, in lieu of oral communication and has very limited administrative value.
Transitory messages include notices of meetings or events, internal requests for information, minor announcements about employee activities, listserve messages, personal messages, phone messages, and invitations.
Some E-mail may contain information that is more than transitory, but not generally needed beyond a limited period or maintained in the ordinary course of business.
Examples include preliminary drafts, notes, memos, and some routine correspondence.
Such E-mail may be deleted after the default retention period established below, but Agenda Item #5.1.
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before the minimum two-year retention period for public records of lasting value, when the information is no longer needed for operational purposes and has limited historical significance or value.
Transitory messages should be read and deleted from the applicable City Electronic Communications System or Electronic Storage System within 30 days of receipt.
When job requirements necessitate retention for periods longer than 30 days, transitory messages should be moved off the applicable City Electronic Communications System or Electronic Storage System to an appropriate department folder, and deleted when their usefulness has ended.
(b) Public Records of Lasting Value:
An E-mail should be classified as a public record of lasting value when it (1) has operational value, such as administrative actions taken or planned, reports or recommendation, policies, procedures, guideline, templates, and information needed to ensure continuity of operations; (2) is required to be kept by law; (3) has fiscal value or is required for financial reporting and audits; and (4) has historical signification.
E-mail messages that have lasting value should (1) not be stored in an individual user’s E-mail folders/files; (2) be electronically stored in a shared public folder on a departmental networked file system as directed by the IT Director; (3) be printed and maintained in hard copy format, if needed; and (4) be retained for at least the minimum two-year period required under the City’s Records Retention Schedule.
Only the Department responsible for the retention of a specific type of information or record is required to store and control the disposition of a public record in electronic form. Other recipients should not retain messages longer than required for their respective job or position purposes. When the need no longer exists, the information should be deleted.
4. Default Retention Period.
(a) E-mail in the “deleted items” folder will be automatically deleted after thirty (30) days.
(b) E-mail in mailboxes, including any subfolder, will be automatically deleted after two (2) years.
5. Litigation Holds.
A litigation hold directive will be issued by the City Attorney’s Office or City Manager’s Office when required by law due to pending or threatening litigation.
A litigation hold directive overrides this Policy, as well as any records retention schedules.
Agenda Item #5.1.
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E-mail and accounts of separated employees that have been placed on litigation hold status must be maintained by the IT Department until the hold is released.
No employee or official who has received a litigation hold directive may alter or delete an E-mail that falls within the scope of that hold. Such individuals will also be required to provide access to or copies of any Electronic Communications that they have downloaded and saved, or moved to some other storage account or device.
H. Access of Another Person’s Electronic Communications.
Employees may not intentionally intercept, eavesdrop on, record, read, alter, retrieve, receive, send, or use another person’s Electronic Communications and/or Electronic Storage without proper authorization. Employees, including system administrators and Supervisors, may not, without proper authorization, peruse Electronic Communications and/or Electronic Storage of other employees. Proper authorization may be granted as set forth this Policy.
I. Requests for Access to Employee’s Data, Messages, and Phone Records.
Requests for access into an employee’s individual data, messages, and phone records will be made to the City Manager. The City Manager may grant such request and direct appropriate action.
If the request is made pursuant to a Public Records Act request, then the City Manager may seek assistance of the City Clerk and the IT Director to obtain responsive records, request the employees to conduct a search of any Electronic Communications Device (whether personal or City issued) for such responsive records and request a written statement concerning the results of the search.
J. City-Wide Website Policies.
1. The City website, including all domains owned and maintained by the City, represents a fundamental communication tool for providing critical City information to the public. The goal of the website is to encourage increased participation in City government and to help create a more vibrant community for residents and visitors alike. Toward that end, the development and use of the City’s sites are guided by the Web Site Policy.
2. The City Manager is responsible for the creation and implementation of the City website, ensuring compliance with the City’s policies regarding the website, and maintaining and securing the City’ servers and website.
3. To preserve the public nature of the City’s website and to avoid any perception that the City endorses or provides favorable treatment to any private person or business enterprise (hereinafter collectively Agenda Item #5.1.
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referred to as “vendor”), no corporate or commercial logos or links to vendor sites will be allowed on the City’s external website, unless such link represents a mission critical partnership and is permitted by the City Manager.
4. Vendors that create or maintain a website for the City must follow all policies established for the City’s website.
5. The City’s website is for “official use” only. All information disseminated through the City’s website must be related to the official duties and responsibilities of employees and City departments.
6. The California Public Records Act applies to information processed, sent and stored on the Internet. Confidential information should not be posted on the City’s external website. The City Manager must approve all posted information.
7. No City employee or official may use any City website for campaignrelated purposes. Such campaign-related purposes include, but are not limited to, the following: statements in support or opposition to any candidate or ballot measure; requests for campaign funds or references to any solicitations of campaign funds; and references to the campaign schedule or activities of any candidate. No City official’s website may be linked to any private website related to a candidate’s campaign for elective office.
K. Internet Usage Policies.
1. Authorization for Internet Access. Authorization for Internet access must be obtained through the employee’s immediate supervisor or Department Head. Once authorization is approved the employee is responsible for the security of their account password and will be held responsible for all use or misuse of their account. Users must maintain secure passwords.
2. General Provisions. The City reserves the right to limit access to certain sites deemed inappropriate. Access may be monitored at the request of a supervisor. Should the need arise; you are obligated to cooperate with any investigation regarding the use of your computer equipment.
Questions regarding confidential or proprietary information should be directed to the City Manager. City management has the right to monitor and log all transactions in or out of the system. All security features contained within the City’s Electronic Communication Systems such as passwords, codes, or delete functions will not prevent Agenda Item #5.1.
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the City from accessing employees’ Electronic Communications, stored or otherwise, on the systems.
3. Appropriate Use of the Internet. Employees who are granted access to the Internet are expected to use this access in a professional and courteous manner. The prohibited uses of Electronic
Communications Systems described in this Policy apply to the use of the Internet. All users should be aware that appropriate use of the Internet includes, but is not limited to, the following rules:
(a) Never use an account assigned to another user.
(b) Never make an unauthorized attempt to enter any computer. (c) Never post, send, or provide access to any confidential City materials or information, unless authorized.
(d) Never post, send or provide videos or still footage taken during working hours and/or during the course of employment to any social networking website.
4. Improper Use of the Internet. Employees should be aware that the improper use of the Internet also includes, but is not limited to:
(a) Disclosing confidential information obtained in the course of employment;
(b) Accessing websites or online content that may degrade, hamper, or impede on the performance and/or capacity of the City’s Electronic Communication Systems;
(c) Accessing gross, indecent, obscene, harassing,
pornographic, or sexually explicit materials;
(d) Accessing gambling sites;
(e) Accessing illegal drug-oriented sites; and
(f) The representation of yourself as someone else, real or fictional.
5. Accessing social networking sites.
(a) Personal Use of Social Networking Sites. The City does not condone the personal use of social networking
sites during the workday or by using City-owned
equipment. Employees are also reminded and
cautioned that information posted on a social
Agenda Item #5.1.
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networking site may not be private or confidential.
Employees are also reminded and cautioned that
information posted on a social networking site may be
used as evidence in administrative or legal
proceedings. An employee’s use of social networking
sites in a manner that violates City Rules or Policies will not be tolerated by the City and may be grounds for
disciplinary action, up to and including termination.
(b) Official City Use of Social Networking Sites. The City may elect to use social networking sites to
communicate with the public. Such official use of
social networking sites is regulated by the City
Manager. No department in the City may establish a
presence on any social networking site without the
advanced approval of the City Manager.
No employee is authorized to post information on behalf of the City on any social networking site without the express, written permission of the City Manager.
Unauthorized posting on behalf of the City will not be tolerated.
L. Employee Terms of Use for City-Issued Phones.
City-issued phones are provided for the conduct of City business. All telephone equipment (land-line phones and cellular phones) shall be issued to personnel according to the needs defined in their job description.
The use of phones by employees for making personal calls may be permitted, subject to the provisions of this Policy, if it does not interfere with the conduct of City business. The use of City’s phones must be in accordance with the following procedures:
1. All calls should be limited to the shortest amount of time necessary to conduct City business.
2. All City employees must continuously strive to minimize costs.
3. Employees are not allowed to use City-issued phones in an illegal, illicit, or offensive manner.
4. Employees are not allowed to use City-issued phones to conduct personal for-profit business.
5. Safeguarding issued equipment is the responsibility of the individual employee. Misuse or abuse of equipment may be cause for disciplinary action and/or cost reimbursement.
Agenda Item #5.1.
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6. Features on cellular phones such as directory assistance, busy signal confirmations, text messaging, and emergency interrupts should only be used for official City business and only when absolutely necessary. Misuse or negligent use of these features may be cause for disciplinary action and/or cost reimbursement.
7. Employees are not allowed to operate cellular telephones, tablets, PDAs, laptop computers, navigational devices or any other devices that may cause driver distraction when driving a City vehicle or when driving a private vehicle being used to conduct City business.
Employees shall make every attempt to properly park their vehicle prior to using such devices. The only exception to this rule is if the employee uses a hands-free device.
8. Any personal calls made from a City-issued phone will be the responsibility of the employee. Employees are responsible for identifying minutes of personal use and then reimbursing the City for additional costs incurred by the City. The reimbursement amount should be a simple calculation of the per-minute rate charged for every minute of personal usage. This reimbursement should be made payable to the “City of St. Helena” and should be submitted as payment to the City within ten (10) days of receiving the bill.
9. The City may provide employees with a monthly cellular phone bill and quarterly desk phone usage report for the telephone numbers assigned to them. It is the responsibility of the employee to identify the minutes of personal use and reimburse the City. This reimbursement should be made payable to the “City of St. Helena” and should be submitted as payment to the City within ten (10) days of receiving the bill or usage report.
M. City-Issued Phone Monitoring.
The Human Resources Department is responsible for reviewing and monitoring their staff’s cell phone bills on a regularly, usually monthly, basis. The Human Resources Department is also responsible for distributing the cell phone bills to employees for review. If cellular phone overage is due to increased City business use, the employee should tell their supervisor. The supervisor may then contact the Human Resources Department and request that the employee’s plan be altered.
On an annual basis, the Human Resources Department may review which employees have cell phones and whether or not they still need them.
The Human Resources Department is responsible for documenting the issuance of a cell phone, its accessories, and ensuring that they are returned once the employee has exited the department.
Agenda Item #5.1.
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N. Use of Personal Electronic Communications Devices or Private E-mail Accounts for City Business.
No user should conduct City business on any non-City issued Electronic Communications Devices or non-City E-mail account without prior written authorization from the City, and any such use is highly discouraged.
If any City business is inadvertently conducted on non-City issued Electronic Communications Devices or non-City E-mail accounts, the employee or official must: (a) forward all such Electronic Communications or records memorializing the City business to their City-issued Electronic Communications Devices or City E-mail account; or (b) print out any such Electronic Communications or records and retain them according to the procedure stated in this policy.
Any user who uses personally-owned Electronic Communications Devices to access the City’s E-mail server for work-related purposes must be aware that by doing so, they are waiving certain privacy interests, and that City-related E-mails, data or other material accessed, located, stored, or transmitted on personal Electronic Communications Devices, are subject to all City Personnel Rules and policies and all federal, state, and local laws, including, but not limited to, the California Public Records Act, the MeyersMilias-Brown Act, and open meeting laws.
Employees conducting City business on off-duty time on any Electronic Communications Device (whether personal or City-issued) must report such activities to their supervisor and note this activity on their timecard as time worked.
O. Violation of Policy.
Violations of this Policy shall be reported to the City Manager and/or the Human Resources Department. Any employee who accesses the City’s Electronic Communications Systems without complying with the procedures set forth in this Policy or otherwise violated this Policy may be subject to disciplinary action, up to and including termination, as provided for in the City’s Personnel Rules. In addition, misuse of the Electronic Communications Systems may, in appropriate cases, be referred for criminal prosecution.
RULE 20. VEHICLE USE POLICY AND ACCIDENT REPORTING
SEC. 20.1 PURPOSE
Employees may be authorized to operate City vehicles for the purpose of conducting City business, provided the employee driver is at least 18 years old, has a valid California Driver’s License for the vehicle being drive, has reasonable experience driving the type of vehicle being used, could reasonably be expected to operate the vehicle in a safe and prudent manner and meets the requirements as set forth below.
Agenda Item #5.1.
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Compliance with California law and these rules are required for any eligible driver to be authorized to use a City vehicle and for any driver of a non-owned, borrowed or rental vehicle being used on City business when authorized passengers will be transported.
The City is authorized to deny a vehicle to anyone if, in the sole opinion of the City, there is any reason the vehicle may not be operated safely. Individual supervisors may impose additional standards, restrictions, or driver education or training requirements. This Rule is in addition to any requirements, standards, operating restrictions, or suspensions imposed by law.
SEC. 20.2 AUTHORIZED DRIVERS
Authorized drivers are City employees, and those officially authorized volunteers and agents, Volunteers or agents may be considered employees for vehicle liability coverage, provided the vehicle use is solely for the benefit of the City or to conduct City business, and the volunteer or agent is officially authorized to drive by the City.
Contractors are not eligible and may not use City vehicles without written authorization from the City.
Authorized drivers are not consultants or vendors, speakers, members of special event groups, government representatives, or members of visiting community organizations.
SEC. 20.3 AUTHORIZED PASSENGERS
Authorized passengers include those in official City-sponsored or authorized transportation programs and City employees, agents, or volunteers while on authorized City business. Authorized passengers may also include persons who are on location at the City’s request, for example, for potential employment at the City, to provide contracted services, or for participation in a City event/program. Other examples of authorized passengers include visiting faculty/staff, government representatives, or community organizations. All other passengers are prohibited from traveling in City a vehicle.
Examples of unauthorized passengers are employee’s spouse, children, or other family members, friends, or neighbors of a City employee driver, or members of the general public.
SEC. 20.4 APPROVED USERS
City vehicles may be used solely for the purpose of conducting City business. Examples of approved uses include conducting departmental business, business errands, or a City employee on site, City-related sponsored, or approved conferences, meetings, events, and use by volunteers in programs sponsored by, directed by, or for the sole benefit of the City.
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SEC. 20.5 SUPERVISORY RESPONSIBILITY
It is the responsibility of the Department Head where vehicles are assigned to see that their vehicles are in proper working condition. Each Department is responsible for instructing new employees in the proper method of fueling and servicing vehicles.
Employees must ensure that each vehicle is mechanically maintained, washed and cleaned, and parked within its designated area.
Designated City employees must have City vehicles in readiness for emergency purposes. Duty or standby employees (Maintenance Departments) may be authorized to take assigned vehicles home. In addition, the City Manager may provide authorization for other positions to take vehicles home on an as needed basis.
Employees authorized to operate City-owned vehicles must maintain and carry a valid California Class A, B or C driver’s license.
SEC. 20.6 VEHICLE OPERATOR RESPONSIBILITIES
A. Employees must obey all State traffic laws and safe driving procedures.
B. Personal Vehicle Used for City Business.
C. Personal vehicles may not be used for City business unless such use is approved in advance by the City Manager. If the use of a personal vehicle has been approved, the employee may be reimbursed for such use at the rate per mile recognized by the Internal Revenue Service, for no more than the actual number of miles driven, plus reasonable parking fees and tolls.
This cash reimbursement is the only approved reimbursement method; reimbursement may not be “in-kind” by the provision of fuel, parts, service, or any other thing of value at City expense. No additional reimbursement will be allowed except in writing by the City Manager, and then only when extraordinary and unforeseeable expenses not under the control of the City or the employee are encountered. Prior to operating a personal vehicle in the course of employment, the employee must show proof of liability insurance on that vehicle and possess a valid California driver’s license.
D. Employees must view a safe driving training video before driving City or personal vehicles on City business.
E. All drivers will be subject to periodic reviews of their DMV reports.
Employees that operate City vehicles or their own vehicles on City business are required to report suspension or revocation of their license to ttheir supervisor and to the Human Resources Department. Failure of an employee to report a change in license status may result in disciplinary action.
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F. Employees are not authorized to operate vehicles for which they have not been trained including safety procedures and vehicle maintenance requirements.
G. Employees using a personal vehicle in the performance of City work must provide proof of adequate insurance coverage for collision, personal injury, and property damage to the City. Whether coverage is adequate shall be determined in the sole discretion of the City Manager. Employees who use privately-owned vehicles for City business are responsible for bodily injury and/or property damage to others resulting from such privately-owned vehicle use.
SEC. 20.7 VEHICLE USE REQUIREMENTS
A. All City vehicles (except for one vehicle) are clearly identified as Cityowned vehicles and reasonably uniform in color and appearance.
B. City-owned vehicles are restricted to official City use.
C. Drivers are responsible to complete appropriate paperwork prior to operating City vehicles. Thorough completion of vehicle checklists is required, including name, department, City vehicle number, pre/postdriving checklist, odometer reading, and signature. The driver will walk around and inspect the vehicle for damage, inoperable lights, loose hardware, dirty windshields, tire condition and any other condition that may create an unsafe situation. Checklists will be reviewed by the supervisor and kept in the City Office, files.
D. Employees must wear seatbelts at all times when in a City vehicle or in their personal vehicle on City business.
E. No one may operate a City vehicle, or a personal vehicle in the course of their employment, while under the influence of drugs or alcohol, or under any other influence that would render him/her unsafe to operate a motor vehicle.
F. Operating a City vehicle or a personal vehicle in the course of one’s City employment—after drinking alcoholic beverages—is never permitted, regardless of how much alcohol is consumed, and what the location/social event is. City employees are required to plan transport home or to the City premises—after drinking alcoholic beverages— including, but not limited to, requesting a friend/co-worker to give a lift, to ride with a driver who hasn’t been drinking, catching public transportation, and sharing a taxi/Uber/Lyft with others.
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G. City employees are prohibited from using cell phones while driving on City business and/or City time. The only exception to this rule is when the employee uses a hands-free device.
H. As determined by City management, if an employee’s duties require that he or she keep a cell phone turned on while driving, the employee must use a hands-free device. Employees are prohibited from
reading/sending/composing text messages, emails, or instant messages while operating a vehicle on City business and/or City time.
I. Pursuant to City policy and as required by law, an employee under the age of 18 years is prohibited from driving a motor vehicle while using a cell phone or other mobile service device, even if equipped with a hands-free device. This prohibition does not apply to such a person using a wireless telephone or a mobile service device for emergency purposes. Any violation of this policy is a violation of City rules subject to disciplinary action and may be a violation of law subject to criminal penalties.
J. Vehicles must not be parked in “No Parking” zones except in emergency situations.
K. Employees will be personally responsible for paying any citations and parking tickets received during use of City vehicles.
L. Vehicles must not be left unattended with the key in the ignition.
Employees who violate this policy shall be disciplined. Vehicles will be locked when not occupied
M. Vehicles may not be driven out of state unless specifically authorized by the City Manager.
N. Unless expressly authorized otherwise by the City Manager, City vehicles may be used only for City business and must remain on City property at any time they are not being used on City business, except:
Because they are subject to call in serious situations, when transportation and radio communication are critical, the Chief Plant Operator, Chief Wastewater Treatment Plant Operator, Streets & Buildings Superintendent, Parks & Trees Superintendent, Underground Utilities Superintendent, Operations Manager, Assistant Operations Manager, Public Works Director and the Chief of Police are authorized to drive a marked City vehicle between home and work for the convenience of the City. These vehicles may not be used for personal errands but may be used only for official business. Given the design of these City vehicles (e.g., with clear police, fire and public safety officer marks meets the “qualified non-personal use vehicle” requirements under applicable IRS regulations, the use of these City vehicles for commuting will not be reported as fringe benefits. Yet, the value of permitting these employees to use these City vehicles to commute will be included in wages, subject to legally required withholdings.
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In order to have tools and materials on-hand and to provide timely transportation to emergency or problem areas, personnel designated as “on-call” may drive a City vehicle between work and home during those times they are “on-call.” These vehicles may not be used for personal errands, but may only be used for official business, other than the trips to and from work. If these vehicles do not meet the IRS “qualified non-personal use vehicle” requirement, using these City vehicles to commute shall be a non-cash taxable fringe benefit.
O. Use of City Vehicles during Off-duty time.
1. The City provides certain employees “take home City vehicles” as a mutual benefit, and these employees subject to call out are expected to respond to City needs at all hours of the day and night, weekend and holidays included. The City recognizes employees’ needs to address personal matters while commuting to and from the City, and driving a City vehicle is not intended to create further hardship for the affected employee beyond being subject to call out; As a result, de minimis personal use of a City vehicle while commuting to and from work is a reasonable accommodation.
2. Employees may not deviate from a direct path between home and work, or stop en route for personal business, except where such personal business would be considered de minimis in nature and an essential action in the employees’ personal life. Driving a City vehicle is not intended to create a hardship for the affected employee.
3. After 5 p.m. Monday through Friday, and at any time on weekends and holidays when any City vehicle is parked other than for City work, or at the employee’s home, the employee must notify the Police dispatcher, the location of the vehicle and how long it will be left unattended.
4. Other than for City business, only City employees are allowed to ride in a City vehicle, except carrying a passenger to meet an unusual situation, as permitted by the City Manager. More intensive use, or use outside of permitted exceptions, is prohibited.
5. Use of City vehicles during off-duty time is limited to responding to call outs, commuting to and from work, and transportation to other official City business. City vehicles may not be used for personal trips and errands (except as described in (1) above). During those times that an employee is designated as “on-call” and being compensated with stand-by pay, the employee is expected to be able to get to the vehicle and respond to an emergency within a reasonable time.
Employees must ensure that (1) vehicle doors are locked, (2) lights are off, and (3) windows are closed and (4) the vehicle is free of debris after each use.
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Any deficiency encountered must be reported to a supervisor immediately. It is the supervisor’s responsibility to ensure that appropriate action is taken to correct the problem. At no time shall an unsafe vehicle be driven.
SEC. 20.8 REQUIRED REPORTING OF ACCIDENTS/VIOLATIONS
In the event of an accident involving a City vehicle, or a personal vehicle being used for City business, the employee operating or having custody of the vehicle shall immediately, or as soon as practical, report the accident to a law enforcement agency of appropriate jurisdiction. In the event the contacted agency declines to investigate, the employee should include in their report the agency contacted and the date and time of contact. The employee shall cooperate fully in any accident investigation and shall, as soon as practicable, furnish to the City Manager, or the Human Resources Department, and to the City’s insurance carrier (the Redwood Empire Municipal Insurance Fund, or “REMIF”) a written report of the accident.
A City driver must promptly report to their supervisor all accidents, moving violations, or other vehicle citations that occur while the employee is conducting City business. The driver’s supervisor must immediately forward the information to the Human Resources Department. Failure to report accidents, convictions, and violations as required may result in the loss of privilege to use City vehicles and disciplinary action.
Mandatory post-accident testing for drugs and alcohol will be conducted in accordance with the City’s Drug-Free Workplace policy.
Hit and run and vandalism are criminal incidents and must be reported to the police and the City.
City drivers must immediately report any accident, incident of damage, or personal injury involving City vehicles.
All drivers and employees are expected to properly safeguard the City’s vehicles and use them in accordance with City policy. If it is determined that a vehicle is being misused, or is at substantially higher risk of theft or damage due to a lack of reasonable precautions by employees, employees may be required to forfeit use of the City vehicle.
SEC. 20.9 INSPECTION, SERVICE AND MAINTENANCE POLICY
All City vehicles will at all times be kept in good repair, serviced, and clean. Any City vehicles found to be in an unsafe condition should be immediately removed from service until all safety defects have been corrected.
All maintenance and repair work will be done by City personnel at City facilities unless authorized otherwise by a Department Head or the City Manager, except emergency repairs necessitated by extraordinary circumstances.
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All fuel purchased will be through retail outlets designated by City Manager and according to established procedures. If fuel must be purchased using an employee’s own resources, the driver will be reimbursed on presentation of proof-of-purchase and utilizing an expense reimbursement form.
City vehicles including construction equipment, forklifts, and other equipment are required to be serviced and maintained in accordance with the manufacturer and City guidelines, whichever is stricter. Every vehicle must undergo a monthly inspection by the driver (tires, brakes, lights, turn signals, horn, no cracked/broken glass, current registration, current insurance card, clean appearance).
City guidelines for vehicle service and maintenance include complying with manufacturer’s service recommendations, using recommended types of gasoline; maintain proper fluid levels (oil, antifreeze coolant, brake, and transmission, etc.) and ensuring proper tire pressure; working signals, lights (headlamps, turn-signal lights, taillights, brake-lights, etc.), brakes, and other vehicle safety items.
Failure to comply with the service, maintenance, and inspection requirements of this program may result in suspension of driving privileges, increased insurance charges, and/or loss of the vehicle.
SEC. 20.10 ELECTRONIC TRACKING TECHNOLOGY
The City, in its sole discretion may install Electronic Tracking Technology on City-owned or leased vehicles to increase efficiencies, save on fuel costs, facilitate City business, and enhance City services.
Electronic Tracking Technology means a technological method or system used to observe, monitor, or collect information, including telematics, Global Positioning System (GPS), wireless technology, or location-based technologies. Electronic Tracking Technology used for public safety greatly enhances job performance, personnel safety, situational awareness, and may provide assistance in time critical scenarios. City employees may, in the course of employment, be required to drive and/or ride in agency-owned or leased vehicles equipped with Electronic Tracking Technology.
Electronic Tracking Technology may include Event Data Recorders (EDR), Sensing and Diagnostic Modules (SDM), or other systems that are used for the purpose of identifying, diagnosing, or monitoring functions related to the potential need to repair, service, or perform maintenance on the City vehicle and/or to capture safety systemsrelated data for retrieval after a collision or similar incident has occurred. The following information may be generated by the City’s Electronic Tracking Technology: (1) Mileage reports; (2) information about where vehicles were located and at what time; (3) the last reported location of vehicles; (4) the path a vehicle traveled during any period of time; (5) the speed the vehicle traveled; and (6) how long a vehicle was idle or stopped for a given period of time. As such, Electronic Tracking Technology allows the City to monitor location, elevation, and velocity of its vehicles, at any time. The City may use Electronic Tracking Technology at its sole discretion, and in the ordinary course of business.
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Electronic Tracking Technology in City vehicles may also be used to for other businessrelated purposes, including, but not limited to, metrics, performance measures, locating stolen vehicles, providing aid to vehicles that break down, increasing employee safety, managing agency resources effectively, or ensuring that routes or assignments are being followed.
Additionally, the City may utilize Electronic Tracking Technology during a disciplinary investigation or discipline of its employees pertaining to the misuse or abuse of their vehicles, inappropriate use of time, speeding, or other misconduct or violation of City directives, documented procedures, or Personnel Rules and Regulations.
Employees are prohibited from tampering with, altering or attempting to alter, disabling, or destroying any Electronic Tracking Technology equipment.
RULE 21. PERSONAL TELEPHONE USE AND TEXT MESSAGING
A. Employees are encouraged to keep all personal phone calls and text messaging to a minimum, regardless of whether the employee is using a City-owned telephone or a personal telephone. Friends and relatives should be discouraged from calling and texting during working hours unless there is an emergency. Personal calls and text messages should be made during break periods or lunch whenever possible. Personal long distance or toll calls from a City owned telephone are to be charged to the employee’s own telephone number or long-distance calling cards/apps.
B. Excessive personal phone calls or text messaging, or communications through similar electronic means, may result in disciplinary action, up to and including termination.
RULE 22. EMPLOYEE REIMBURSEMENTS AND TRAVEL
SEC. 22.1 PURPOSE
A. Employees have a right to receive reimbursement for all appropriate business expenses.
B. This Rule is to assure that City employees and officials adhere to procedures when arranging for travel, lodging, meals, and other expenses and that they are paid for reasonable expenses incurred for travel, conferences, meetings, and meals as a result of conducting authorized City business. The Rule assures that payments made by the City are for actual and necessary expenses incurred for City business. It also assures that City employees and officials will receive advances and/or reimbursements in a timely manner.
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C. This Rule assumes a mutual trust between the City and its employees and City officials. Employees are expected to use good judgment in the expenditure of public funds with which they have been entrusted.
Employees and officials are advised, by virtue of this policy, that not attending any conference or training is unethical and a dereliction of duty.
D. These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of City travel. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City’s resources.
SEC. 22.2 APPLICABILITY
A. As used in this Rule, “employee” shall refer to all City employees, officials, and City Council members.
B. As used in this Rule, “conference” shall refer to an official function of a professional or governmental organization or agency normally requiring attendance for more than one (1) day.
C. As used in this Rule, “meeting” shall refer to a meeting with one or more persons for the conduct of City business or an official meeting of a professional or governmental organization or agency not requiring overnight accommodations or meals other than those related to the meeting.
D. As used in this Rule, “local area travel” shall refer to travel within an area generally within 300 miles of, or five hours of travel time from, St. Helena.
SEC. 22.3 AUTHORIZED TRAVEL EXPENSES
A. Except as otherwise provided, all employees must seek prior authorization, pursuant to the reimbursement procedures set forth below, for reimbursement pursuant to this Section.
B. Employee travel may be authorized for local and non-local travel activities, undertaken for the purpose of conducting City business, such as professional meetings, conferences and training sessions. Payments for travel and meeting expenses may be in the form of either advances or reimbursement, including appropriate registration fees, food, lodging, transportation costs, and reasonable incidental expenses as described in this Rule.
C. Travel at City expense will be undertaken only upon approval of the City Council, City Manager, or Department Head and in accordance with guidelines outlined herein. Any deviation from the specific provisions may be granted only by the City Council:
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1. Conference: Attendance at conferences shall be subject to the following:
(a) Funds must be available in the proper department budget category to cover the anticipated costs of the conference. (b) Out-of-state travel requires City Council approval, except for those out-of-state destinations that are within fifty (50) miles from the California border (e.g., Reno, Nevada).
(c) Following return from a conference, the employee may be required to submit to the City Manager a brief report containing an overview of the conference and assessment of the value of the attendance at the conference.
2. Meetings: Attendance at meetings shall be subject to the following:
(a) Sufficient funds are available in the appropriate budget for the meeting expenses.
(b) The employee is required to obtain approval of the
Department Head or the employee’s immediate supervisor. (c) Attendance of a Department at any meeting requiring absence from the City for all or most of a work day shall be subject to prior notification to the City Manager.
3. Lobbying:
(a) Sufficient funds are available in the appropriate budget. (2) City Council approval is required prior to the trip. Agenda items to identity Council adopted policy decision or strategy, identification of the City delegation, the officials or agencies to be contacted, and the estimated costs of the trip are required. Expenses eligible for reimbursement under this Section generally include: (a) communicating, including lobbying, with representatives of regional, state, and national government on City adopted policy positions; (b) attending educational seminars designed to improve employees’ or officials’ skills and informational levels; (c) participating in regional, state, and national organizations whose activities affect the City’s interests; (d) recognizing service to the City; (e) attending City events; (f) implementing a St. Helena City Council-approved strategy for attracting or retaining business to St.
Helena, which will typically involve at least one staff member.
Expenses ineligible for reimbursement under this Section shall include, but are not limited to, such expenses related to the following activities:
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(a) The personal portion of any trip;
(b) Political or charitable contributions or events;
(c) Family expenses, including partner’s expenses when
accompanying official on agency-related business, as well as children or pet-related expenses;
(d) Entertainment expenses, including theater, movies (either inroom or at the theater), sporting events (including gym, massage and/or golf related expenses), alcoholic beverages, tours, personal amusements, or other cultural events;
(e) Non-mileage personal automobile expenses, including repairs, traffic citations, insurance, or gasoline; and (f) Personal losses incurred while on City business.
The City will not be responsible for, nor reimburse for, citations and parking tickets.
All reimbursements made pursuant to this Section must be approved by the employee’s Department Head., . Reimbursements made to any supervisor must be approved by the Department Head; any reimbursements made to any Department Head, members of the City Council, Boards, or Commissions must be approved by the City Manager, and any reimbursements made to the City Manager must be approved by the Finance Director. An individual may not authorize or approve reimbursement for their own travel. Reimbursements pursuant to this Section shall be subject to appropriation of funds in the annual budget and any supplemental policies adopted by ordinance or resolution.
Each Department Head shall be held responsible for the administration of this Rule within their department. Administration shall be consistent with the adopted budget as set out in the budget detail document.
Employees should schedule travel so that the employee leaves at a reasonable hour and arrives at the destination on time. Employees should also return promptly when employee business is finished, thereby minimizing the time away from work and ensuring full reimbursement of all related expenses.
SEC. 22.4 STANDARD REIMBURSEMENT PROCEDURE
Upon completion of any travel for which reimbursement is sought, the following items shall be promptly submitted to the employee’s supervisor:
1. A completed Expense Reports, which documents expenses meet the requirements of the City policy.
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For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed, and how those were related to the City adopted legislative positions and priorities.
Expense Reports are to be submitted within thirty (30) days of an expense being incurred, accompanied by itemized receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation.
2. All receipts for expenses incurred while traveling. Itemized receipts are required for expenditures for airline tickets, hotel rooms, conference/meeting registration fees, parking, and all other expenses for which receipts normally are obtainable; unless those expenses have been prepaid in full through the City. Inability to provide such documentation in a timely fashion may result in the expense being borne by the employee/official.
In general, a receipt is required for all reimbursable expenditures, except mileage reimbursements or other expenses for which receipts are not available (i.e.: incidental parking meter expenses); receipts for tolls under $5 are not required but an account of expenses must be made on the expense reimbursement form including toll location; receipts are not required for per diem payment for meals unless the employee/official requests payment in excess of the per diem amounts specified, in which case the employee/official is required to receive prior written approval from the City Manager; and
3. Any other supporting document, such as conference program materials.
City officials should keep in mind that some expenditure may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act.
Employees may choose to make a copy for their own records.
All expenses are subject to verification of compliance with the City’s reimbursement policy.
Employee travel expenses will be reviewed by their supervisor, Department Head, or City Manager and, if approved, forwarded to the Finance Department for reconciliation and payment processing. If employees are to receive reimbursement, the Finance Department will process a check on the next regular accounts payable run.
Employees are responsible for preparing and filing employee travel request; travel advances requests, reimbursements, and travel expense reports pursuant to City policy.
Expenditures in excess of any amounts authorized by the City’s policy shall be at the risk of the employee/official with respect to reimbursement. An employee’s request for Agenda Item #5.1.
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reimbursement may be rejected if it was inconsistent with City policy or did not serve a City business purpose.
Should any request for reimbursement be rejected, any such request and supporting documentation will be returned to the employee for correction of any errors or omissions.
SEC. 22.5 REIMBURSABLE EXPENSES
Except as otherwise provided, expenses associated with the following items may be approved for reimbursement pursuant to this Section.
A. Transportation.
Transportation costs include, but are not limited to, airplane, train, bus and taxi fares, bridge tolls, parking, car rental, and fuel charges associated with a car rental. An employee should generally take the most direct and commonly traveled routes.
The guiding principle should be the most cost effective and efficient use of public resources.
B. Air Travel.
The employee should take advantage of lower airfare rates by booking their flight as early as possible, and purchasing non-refundable, coach class tickets. An employee may sometimes avoid higher airfare by staying over a Saturday night. In some instances, an extra night in a hotel/motel can be much less than the added cost of the airfare.
Selection of carrier, reservations, and ticketing should be arranged as early as feasible to obtain the greatest discount. Also consider the use of alternative transportation methods, such as using a nearby airport and ground transportation if the total fares are lower.
Travel outside of the local area shall normally be by common carrier air transportation.
No employee may act as Pilot in Command of a private aircraft on City travel.
Incidental transportation expenses for airport limousine, bus, or taxi service will be reimbursed if incurred as a necessary part of officially approved travel. Other travel expenses, including car rental, will be limited to circumstances where less expensive intra-city travel service is not available or practical.
C. Airport Parking.
Long-term parking should be used for travel exceeding twenty-four (24) hours.
D. Private Vehicles.
Use of any private vehicle must be approved by the employee’s supervisor, or the City Manager, in advance. If the use of a personal vehicle has been approved, the employee Agenda Item #5.1.
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may be reimbursed for such use at the rate per mile recognized by the Internal Revenue Service, as reimbursement for all costs incurred while operating such vehicle such as gasoline, wear and tear on the car, insurance coverage, and other incidental items. The City will additionally reimburse reasonable parking fees and tolls. The cash reimbursement is the only approved reimbursement method; reimbursement may not be “in-kind” by the provision of fuel, parts, service, or any other thing of value at City expense. No additional reimbursement will be allowed except in writing by the City Manager, and then only when extraordinary and unforeseeable expenses not under the control of the City or the employee are encountered.
Prior to operating a personal vehicle in the course of employment, the employee must show proof of liability insurance on that vehicle and possess a valid California driver’s license.
If an employee elects to travel by personal car where adequate public air service is available, the maximum allowable mileage will be the coach air fare rate or mileage, whichever is less.
Employees are expected to obey and comply with all laws and regulations, including speed limits and other traffic regulations.
FLSA-exempt, unrepresented employees who receive auto allowance are not reimbursed for travel within the County of Napa. If travel is required by the employee in their personal vehicle beyond the County line, mileage shall be reimbursed at the same rate as set by the IRS.
E. City vehicles.
City vehicles may be used if available, subject to any limitations regarding their use.
Employees must comply with the City’s Vehicle use Policy.
City vehicles shall be used for local area travel in connection with official City business whenever practical. Any necessary out of pocket expenses incurred with the operation of a City vehicle shall be reimbursed.
Reasonable and necessary expenditures will be allowed for parking and toll charges incurred in connection with official travel.
Employees are expected to obey and comply with all laws and regulations, including speed limits and other traffic regulations.
F. Rental vehicles.
Rental vehicles may be authorized when employees are on City business and other modes of transportation are not available, too costly, or impractical.
G. Public Transit and Carpooling.
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Employees are encouraged to make optimum use of available public transit services and carpooling.
H. Lodging and Incidental Expenses.
1. Lodging costs will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging costs should not exceed the group rate published by the conference sponsor for the meeting in question. For overnight stays in other contexts, a helpful source of guidance is the Internal Revenue Service per diem rates for lodging, which include adjustments for higher cost locations.
(https://www.gsa.gov/travel/plan-book/per-diem-rates.)
2. Additionally, all properties approved by the Federal Emergency Management Agency (FEMA) as being fire safe and in compliance with the Hotel Motel Fire Safety Act of 1990 can be located using:
https://apps.usfa.fema.gov/hotel/.
3. A factor in considering hotels in metropolitan areas is their proximity to the offices where business will be conducted: the cost of transportation away from the business center can exceed the higher cost of the closer hotel. The guiding principle should be the most cost effective and efficient use of public resources in selecting lodging with a degree of sophistication while serving the business needs of the trip. In the event that arrangements have been made for the City to be billed directly for hotel or motel rooms, incidental charges should be paid for by the employee at the time of checkout and appropriate reimbursement requests be made by the
employee upon return from travel.
I. Reasonable incidental expenses, such as tips, cab fare, parking fees, and internet charges, when required in connection with official City business, will be reimbursed on the basis of actual expenditures.
J. Meals.
Payment for meals while on City business shall be $50.00 per diem for each full day. On travel days, when the employee is not out of the City for the full day, the following schedule is applicable: breakfast ($10.00); lunch ($15.00); dinner ($25.00).
Meal expense in excess of the per diem may be approved by the City Manager where metropolitan costs are considerably higher. Per Diem rates for higher cost metropolitan areas will not exceed IRS per diem rates found at https://www.gsa.gov/travel/planbook/per-diem-rates. In the event a meal cost is higher than IRS per diem rates, written authorization can only be made by the City Manager and the employee is to provide itemized receipts for all meals.
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Meal expenses and associated gratuities should be moderate, taking into account community standards and the prevailing restaurant costs of the area.
Meal charges in excess of the specified listed amounts are allowed for special luncheons, banquets, and other meals if part of a previously approved conference or meeting program. When such luncheons, meals and other meals are included in the registration fee or otherwise paid by the City, the per diem will be reduced accordingly.
The City will customarily not pay for alcohol/personal bar expenses. In recognition of St.
Helena community standards that meals associated with lobbying events typically include consumption of donated wine this policy recognizes corkage costs are an appropriate expense. Any other alcohol expenses require the prior written authorization of the City Manager.
K. Excluded Expenses.
Expenses associated with the following items are not considered necessary expenditures or losses incurred by an employee in direct consequence of the discharge of their duties, and no reimbursement shall be provided pursuant to this section.
Personal expenses such as laundry, barbering, valet service, in-room movies, gratuities for porters, personal telephone calls, and/or alcoholic beverages.
Additional expenses associated with the participation of an employee’s non-employee spouse or guest, including any increased room rate due to double occupancy.
Travel on behalf of another public agency, unless reimbursement is otherwise authorized by the City Council.
L. Audits of Expenses Reports
All expenses are subject to verification of compliance with this policy.
RULE 23. CASH ADVANCES AND CREDIT CARD USE
SEC. 23.1 CASH ADVANCES.
A. From time to time, it may be necessary for an employee or official to request a cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf. Such requests for an advance should be submitted to the Finance Director ten (10) days prior to the need for the advance with the following information: (a) the purpose of the expenditure(s); (b) the anticipated amount of the expenditure(s) (for example, hotel rates, meal per diem, and transportation expenses); and (c) the dates of the expenditure(s).
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B. Any unused advance must be returned to the Finance Department within two (2) business days of the employee’s or official’s return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy.
C. In the event that the Finance Director is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Manager and/or City Council.
D. Cash advances not exceeding $25.00 for official City business expenses may be made from petty cash, with Department Head approval. All advances exceeding $25.00 shall be approved by the Finance Director.
SEC. 23.2 CREDIT CARD USE.
A. City Procurement Cards: City Council Policy P-F1-0012
1. City Council Policy P-F1-0012, Issuance and Use of City Procurement Cards (“Procurement Card Policy”), was approved by the City Council on February 13, 2018. The purpose of the Procurement Card Policy is to establish a framework for appropriate use of the City’s Procurement Cards. A Procurement Card is a City-issued credit card from a financial institution, and the Procurement Card shall be used as an option for small purchases unless the items are available in current City inventory or through established contracts.
The Procurement Card Policy applies to all employees who are issued a City Procurement Card and all departments who authorize employees to use City Procurement Cards.
2. In general, the City Procurement Card is to be used for official City business and may not be used for personal purchases under any circumstances. Failure to follow the Procurement Card Policy, including any outlined procedures for Procurement Card purchases, may lead to the suspension or termination of a procurement card and disciplinary action. Reimbursement to the City by the employee for the unauthorized charges is mandatory.
3. The Finance Director acts as the Citywide Procurement Card Administrator and serves as the primary contact for the financial institution issuing procurement cards and administers the City-wide program.
4. The Procurement Card will only be issued to Cardholders who certify they have read, understand, and will comply with the Procurement Card Policy. Employees issued a Procurement Card are responsible for any and all use of the Procurement Card.
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5. Use of a City Procurement Card is a privilege and the City Manager or Director of Finance may suspend or revoke cards at any time in accordance with their assessment of the City’s best interests such, as but not limited to, lack of timely review and approval of Procurement Card invoices and violations of the City Procurement Card Policy.
6. The City Procurement Card may be issued in a designated individual name and/or the name of the City. For further details regarding the use of the City Procurement Cards, please refer to the Procurement Card Policy.
B. City Fuel Cards: City Council Policy P-F1-0013
1. City Council Policy P-F1-0013, Issuance and Use of City Fuel Cards (“Fuel Card Policy”), was approved by the City Council on March 13, 2018. The purpose of the Fuel Card Policy is to establish uniform procedures, accountability and controls for fueling motor vehicles and equipment owned by the City. A Fuel Card is a City-issued credit card from a financial institution, The Fuel Card shall only be used on City vehicles and/or City equipment and is not authorized for use on any other vehicle or equipment. The Fuel Card Policy applies to all employees who are issued a City Fuel Card.
2. The City Fuel Card is to be used for City official use only and may be used at Wright Express (WEX) participating locations. There will be a vehicle number on each Fuel Card, and a dedicated card will be issued to each City vehicle. Each driver will have their own Personal Identification Number (PIN).
3. Various employees are authorized to receive a City issued Fuel Card PIN for City-related purchases. All employees operating City vehicles on a regular basis will receive a WEX PIN. Prior to receipt of the WEX PIN, the employee will receive the associated City Fuel Card Policy and sign an agreement for use of the Fuel Card and PIN.
A copy of the agreement will be placed in the employee’s personnel file.
4. Any misuse of the City issued Fuel card will result in reasonable disciplinary action that may include a combination of the following:
(A) suspension of Fuel Card access, and (B) termination of Fuel Card.
5. For further details regarding the use of the City Procurement Cards, please refer to the Fuel Card Policy.
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SEC. 23.3 VIOLATION OF THE POLICY
Use of public resources of falsifying expenses reports in violation of this policy may result in any or all the following:
1. Loss of reimbursement privileges;
2. A demand for restitution to the City;
3. Prosecution for misuse of public resources;
4. The agency’s reporting the expenses as income to the elected official to state and federal tax authorities.
RULE 24. WHISTLE BLOWING POLICY
SEC. 24.1 DEFINITION OF “WHISTLE BLOWING”
For purposes of this provision, "whistle blowing" consists of disclosure of information that the employee reasonably believes constitutes a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee's job duties, when that disclosure is made to one or more of the following:
1. A government or law enforcement agency;
2. A person with authority over the employee;
3. Another employee who has authority to investigate, discover, or correct the violation or noncompliance; or
4. Any public body conducting an investigation, hearing, or inquiry, including, but not limited to, information given as testimony.
SEC. 24.2 SCOPE OF POLICY
The City encourages employee complaints, reports or inquiries about practices believed to be unlawful or constitute serious violation of the City policies, including illegal or improper conduct by the City itself, by its leadership, or by others on its behalf.
Other subjects for which the City has existing complaint procedures shall be addressed under those other procedures. This Policy is not intended to provide a means of appeal from outcomes in those other procedures.
SEC. 24.3 PROCEDURE
Complaints, reports or inquiries may be made under this policy on a confidential or anonymous basis. They should describe in detail the specific facts demonstrating the Agenda Item #5.1.
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bases for the complaints, reports or inquiries. They may be directed to the Human Resources Director or City Manager, or to the City Attorney if involving the Human Resources Director or City Manager. The City will conduct a prompt, discreet, and objective review or investigation in response. However, Employees must recognize that the City may be unable to fully evaluate or address a report or inquiry that is made anonymously or made in a vague or general manner.
SEC. 24.4 PROTECTION FROM RETALIATION BECAUSE OF GOOD FAITH
COMPLAINTS, REPORTS, OR INQUIRIES
A. The City prohibits retaliation by or on behalf of the City against employees for making good faith complaints, reports or inquiries under this policy or by participating in a review or investigation under this policy. Any employee who makes a complaint using this procedure or otherwise engages in "whistleblowing" is protected against adverse employment actions (discharge, demotion, suspension, harassment, or other forms of discrimination) taken by the City or any person acting on behalf of the City.
This protection extends to those whose allegations are made in good faith but prove to be mistaken or unsubstantiated. Employees who participate or assist in an investigation will also be protected. Every reasonable effort will be made to protect the anonymity of the "whistleblowing" employee; however, there may be situations where it cannot be guaranteed.
B. The City reserves the right to discipline persons who make bad faith, knowingly false, or vexatious complaints, reports or inquiries or who otherwise abuse this policy.
RULE 25. SOCIAL MEDIA POLICY SEC.
SEC. 25.1 PURPOSE
The City recognizes that social media plays an increasingly important role in society and communication. This policy is to establish guidelines on the use of social media sites by the City as an additional means of conveying City-related information to the public and maximizing the promotion of City-managed programs and services. This policy is also designed to establish lawful and proper parameters for employees’ personal use of social media while being employed with the City.
While social media presents many benefits, such as community engagement through an interactive platform, it also presents certain risks of liability to the City. This policy is intended to mitigate associated risks from use of social media technology where possible. This policy is in addition to and complements the City’s policies regarding the use of technology, computers, social media, e-mail and the internet.
The City has an overriding interest and expectation in protecting the integrity of information posted on its social media pages and deciding what is “spoken” on behalf Agenda Item #5.1.
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of the City. This policy applies wholly to the City and all City employees and all participation on social media must be in accordance with the provisions set forth herein.
SEC. 25.2 DEFINITIONS
A. “Social media sites” refers to interactive platforms and technologies which allow entities or individuals to post or publish content through and on the internet. Social media uses many technologies and platforms, including social networking, blogs, wikis, photo and video sharing, and more.
B. “City social media page” means a page on a social media site which the City establishes and maintains, and over which it has control over all postings, except for advertisements or hyperlinks by the social media site’s owners, vendors or partners. No social media platforms are to be utilized without express authorization from the City Manager.
C. “City social media team” refers to those City employees specifically authorized by the City to create content or to post or comment on a City social media page on behalf of the City. The City social media team is comprised of the City Manager’s Office, Community Services and Information Technology Office and other individuals designated by the City Manager or Department Head. Only members of the City social media team may post or comment on behalf of the City.
D. “Employee” means any person employed by the City including full-time, part-time, temporary, seasonal, and probationary employees. For purposes of this policy, “employee” does not include any volunteers or appointed or elected official of the City.
E. “Post” or “Comment” means information, articles, pictures, videos, hyperlinks or any other form of content or communication posted on any City social media page.
SEC. 25.3 GENERAL POLICY
This policy applies to all authorized employees who utilize social media websites on behalf of the City for the following purposes:
A. To establish guidelines for posting of information on social media websites.
B. To establish guidelines for user policies of social media websites.
C. To provide a uniform policy that will be implemented by all departments which utilize social media as an informational tool.
All City employees shall comply with this policy in all respects. This policy is subject to revision at any time. In the event of a revision to this policy, the City will attempt to Agenda Item #5.1.
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provide prior notice of any such change. However, this policy may be changed without prior notice when deemed necessary to fully protect the City’s interests and/or the public’s interests. If it is necessary to change this policy without providing prior notice to employees, the City shall notify the employees of the change at the earliest possible time.
All City employees shall sign an acknowledgement of receipt of this policy indicating that he or she has read and understands all of its provisions and agrees to be bound by the same. Before posting anything on social media website, the employee must check the most current policy to ensure compliance.
SEC. 25.4 GUIDELINES AND PROCEDURES
A. Ownership and Adherence to Other City Policies
1. Social media website communications composed, sent, or received on City equipment are not privacy-protected, are subject to search and review (and appropriate action) by the City, and may be subject to public disclosure.
2. The use of City computers, City-issued smartphones, City-issued tablets, or any other City-issued electronic device to post information on a social media website is subject to all applicable policies of the City.
3. Content posted on a City social media page may be subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, posted
communication, communication submitted for posting, and removed content, may be a public record subject to public disclosure.
B. Creation of City Social Media Pages
1. The City Manager’s Office may establish official City social media pages. The City Manager’s Office will maintain a written list of all approved City social media pages and websites.
2. The City’s official website is the City’s primary source and means of internet communication. To the extent possible, a link to the City’s official website should be included on any City social media page.
Wherever possible, City social media pages should link back to the official City website for forms, documents, online services and other information necessary to conduct business with the City. Information posted by the City on social media pages will supplement and not replace required notices and standard methods of communication.
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3. Each established department within the City may create departmental City social media pages and/or City social media pages for a specific City-related purpose or City event with approval of the City Manager.
(a) Creation of any such City social media pages must be proposed, in writing, by the Department Head to the City Manager.
The City Manager may, in their sole discretion, approve, deny, or modify the creation of such social media websites. A department may not create a City social media website without the prior written authorization of the City Manager. Consideration shall be given to the overall nature and theme of the website, and its suitability for use for City purposes.
(b) Each department is responsible for the creation,
administration, and deactivation of their City social media website account or page. Any user identifications, logins, and passwords must be shared with the City Manager’s office.
(c) Any City social media website that is created for a specific purpose or event should be deleted or taken down once it is no longer necessary and/or timely, and the department must provide written confirmation of same to City Manager’s office.
(d) The City Manager’s Office shall have ultimate authority over all City participation on social media websites and may order the removal of all or part of a department’s social media page if the City Manager, in their sole discretion, determines that the content or social media website is not in the best interests of the City.
4. For the purpose of this policy, all City social media pages must have been approved and created in accordance with this policy.
C. Administration and Maintenance of Authorized City Social Media Pages
1. Only City social media team members are permitted to maintain, administer, and/or post on an authorized City social media page on behalf of the City.
(a) In approving an authorized City social media page, the City Manager, or their designee, shall designate at least one authorized employee as being responsible for the regular monitoring and maintenance of that particular City social media page.
(b) The City social media team shall only address issues within the scope of their specific authorization.
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(c) The City social media team must conduct themselves at all times as a representative of the City and in accordance with all City policies.
2. Social medial websites often have their own polices, terms of use, conditions of use, and/or legal restrictions. These terms could have significant legal and financial implications for the City. Therefore, prior to signing and/or agreeing to adhere to any polices, terms of use, conditions of use, and/or legal restrictions for a social media website, the City social media team member must obtain the City Manager’s written approval. In addition, prior to posting any content on an authorized City social medial website, City social media team members must review, become familiar with, and comply with the website’s policies and terms and conditions.
3. Any and all information posted by City social media team members on City social media pages created on behalf of the City must:
(a) Directly pertain to the City;
(b) Contain factual information that is freely available to the public and that is not made confidential by any policy of the City, or by local, state, or federal law; and
(c) Present the City in a positive light.
4. City social media team members are prohibited from posting the following content on any authorized City social media page or website:
(a) A photograph, video, or image of any person who can be readily identified by the naked eye in the photograph, video, or image without first obtaining the depicted person’s (or their legal representative’s) consent.
(b) Many social media sites allow the City to “like” or “follow” other site users or to share content posted by other site users.
Express permission to like or follow any entity, organization, or individual must be obtained from the City Manager or their designee. Sharing or re-posting content is permissible if relevant to City business, programs, services, or events and the City has full permission or rights to do so, unless it includes content that is prohibited in this policy.
(c) Language that is sexually explicit, or that is lewd or obscene, racial, promotes religious beliefs, political, or illegal, or that expresses a personal opinion.
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(d) Actual or perceived threats to public health, safety or property unless the authorized employee has authorization from the City Manager to post such content.
(e) Actual or potential legal claims, lawsuits or other legal issues, unless approved in advance in writing by the City Manager. (f) Personnel or medical matters.
(g) Testing materials or matters related to the evaluation of employment applicants (this does not prohibit the City from advertising vacancies on a social media website);
(h) Budget planning and priorities, unless approved in advance in writing by the City Manager.
(i) Criminal investigations and content regarding crime scenes. (j) Solicitation, engaging in or endorsing any commercial, products or activities. This provision is intended not to limit the City’s ability to support business in St. Helena generally, but to refrain from supporting a particular commercial enterprise. (k) Comments in support of or in opposition to elected and appointed City officials, political candidates, political campaigns, ballot measures, and matters that may reasonably be agenized for consideration by the City Council and/or any City commission, agency, or board.
(l) Comments regarding the position of any City Council member or member of any City commission, agency, or board regarding a City-related issue or comments regarding, or speculating about, a potential decision by the City Council or any City commission, agency, or board.
5. Following City Manager approval of an authorized City social media website, City social media team members must adhere to the following rules:
(a) City social media pages should make clear that they are maintained by the City and state that they follow the City’s use of social media policy and the host site’s terms of use. City social media pages are considered City property and are not for personal use or benefit.
(b) City social media sites shall bear the name of the City. If feasible, City social media sites shall also bear the City’s official logo Agenda Item #5.1.
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or informal logo as designated by the City’s graphics standards. If a department wishes to use any other image as the profile picture or background image, the department must obtain the City Manager’s prior written approval.
(c) Wherever applicable, City social media sites shall be classified and registered with the service provider as “Official” and/or Government Entity sites. The social media team shall take advantage of all options provided by the service provider for Government Entity sites that provide additional protections for the City.
(d) Authorized City social media pages or websites shall utilize account names or usernames that are clearly identifiable as City social media pages.
(e) City account profiles must contain a valid City email address. (f) If possible, City social media team members shall disable any feature of an authorized City social media page or website that allows members of the public to post content or comment on City postings to the authorized City social media page or website. The City Manager may grant an exception to this upon the request of the Department Head.
(g) City social media team members may not use or include personal email addresses or any other personal information in the user profiles and/or posted content for authorized City social media pages or websites. Instead, City social media team members may use their name, title, and a City email address.
(h) City social media team members shall enable, set, or configure all accessibility features available on authorized City social media pages or websites to ensure that the content of such websites is accessible to as many people as possible.
(i) If an approved social network website requires account administrative approval to join, everyone who requests access must obtain the City Manager’s prior written approval. The City Manager may delegate this approval authority to a Department Head or other designee.
(j) In order to maintain the security of the City’s internal IT network, City social media team members shall use different passwords for authorized City social media pages or websites than are used for logging into the City’s internal network.
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(k) City social media team members shall follow the City’s IT department password guidelines when selecting passwords for City social media pages or websites.
(l) City social media team members may not share an
authorized City social media page or website account password with anyone who is not an authorized employee as to that particular authorized City social media page or website.
6. City social media team members may only work on authorized City social media pages or websites during City business hours and on City-owned computers, unless (a) otherwise directed and authorized by the City Manager or their designee or (b) after-hours and/or off-site work is necessary to avoid and/or remedy a violation of this policy and that, in the City social media team member’s best judgment, waiting for approval by the City Manager or their designee would cause harm to the City’s interest and/or the public’s interests. In the event that a City social media team member performs after-hours and/or off-site work on an authorized City social media page or website, the City social media team member must report such work in writing to their department head and the City Manager at the earliest possible time following such work.
7. Except as expressly provided in this policy, employees accessing any authorized City social media page or website shall comply with all applicable policies of the City.
D. Comments and Posts by the Public
1. While the City’s primary goal is to disable posts and comments by non-City social media team members, it is not always possible on some social media pages or websites to disable the feature that allows or permits comments or responsive posts by members of the public. In such an event, the following regulations apply:
(a) The City social media team member for each authorized City social media page or website that allows public posts must create and provide a “terms of use” that is readily accessible and applicable to anyone wishing to post a response. Any such “terms of use” policy must be approved in advance in writing by the City Manager and City Attorney or their respective designees. (b) To the extent that members of the public are permitted to post content on an authorized City social media page or website, City social media team members may, but are not required to, respond to a post by a member of the public. By permitting use of this feature, the City does not intend to create, nor has it Agenda Item #5.1.
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established, a general public forum, and all comments and posts must comply with this policy.
(c) Authorized City social media pages or websites must provide a mechanism for City social media team members to remove posts or prevent posting of messages that clearly violate this response policy. If no such mechanism exists, then the authorized City social media page or website may only be utilized if the website provides the capability of disabling posts from other parties.
(d) City social media team members must review the webpage and all associated content not less than once each work day. If the assigned City social media team member will be absent for more than one work day for any reason, the Department Head or their designee is responsible for performing the review.
2. Every social media website that allows comments or posts from the public must include the following disclaimer:
Comments posted on this page will be monitored and inappropriate content will be removed as soon as possible. Moreover, the City does not intend to create, nor has it created, a general public forum, and all comments and posts must comply with the City of St Helena Social Media Policy. Pursuant to the City’s policy, the City reserves the right to remove inappropriate content, including, but not limited to:
(a) Profane, obscene, violent, or pornographic language or content;
(b) Content that promotes, fosters, or perpetuates
discrimination or harassment on the basis of race, color, national origin, religious creed, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical condition, age, sexual orientation, sex, gender identity, gender expression, genetic information, military or veteran status, marital status, or any other basis protected by state or federal law. (c) Sexual content or links to sexual content;
(d) Solicitation of commerce and other pure commercial
speech, including, but not limited to any advertising or business services or products for sale;
(e) Threats to any person or organization or conduct or encouragement of illegal activity;
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(f) Comments not topically related to City posts, business information, announcements, events, or comments not related to the original topic or post, including random or unintelligible postings or comments;
(g) Comments in support of or in opposition to political campaigns or ballot measures;
(h) Information that may compromise the safety or security of the public or public systems or City employees or the City’s technology resources;
(i) Content that violates a legal ownership interest of any other party, including, but not limited to copyrights or trademarks; (j) Content containing personal or sensitive information, including, but not limited to home addresses, phone numbers, social security numbers, dates of birth, or driver’s license numbers; and
3. Content that violates any federal, state, or local laws.
The above list is not exhaustive, and the City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. Notwithstanding the foregoing, the City of St. Helena is not obligated to take such actions and disclaims any and all responsibility and liability for any materials posted by a member of the public.
Please be aware that, under certain circumstances, content appearing on this page may be subject to California’s public records laws and subject to disclosure by the agency if requested. This may include information about you that you make available through your privacy settings on this site on your own pages.
A comment posted by a member of the public on any City of St. Helena social media site is the opinion of the commentator or poster only, and the publication of a comment does not imply endorsement of, or agreement by, the City of St. Helena, nor do such comments necessarily reflect the opinions or policies of the City of St. Helena.
By posting a comment, users agree to indemnify the City of St. Helena its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to content posted by users. If a user does not agree to these terms, the individual should not use the City of St. Helena’s social media pages or websites as a violation of these terms may lead to legal liability.
4. If it is not possible to provide the preceding disclaimer on a City social media page or website, this fact must be brought to the City Agenda Item #5.1.
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Manager’s attention prior to establishing a City social media page or website. In that situation, special approval from the City Manager will be necessary in order to proceed with that particular City social media page or website.
5. The inclusion of links in any post must comply with the City’s official website external link policy, unless authorized by the Department head or City Manager.
E. Policy for Personal Use of Social Media
1. While employees may voluntarily choose to engage with the City on its social media pages, the City does not encourage or require any employee to follow or “like” City social media sites.
2. The City does not condone the personal use by City employees of social media sites, including personal or non-City social media pages or sites, during the workday or during working time by any means, including by using City-owned equipment. City employees have no right or expectation of privacy when using City-issued devices or systems. The City reserves the right to monitor, search, or disclose employee use of City resources.
3. Employees are reminded and cautioned that nothing posted on the internet is private. Content can easily be shared, forwarded, and distributed to broader audiences without your knowledge or permission.
4. Information posted on any social media site may be used as evidence in disciplinary, administrative, or legal proceedings.
5. The personal use of social media by a City employee in a manner that violates any City policy or procedure will not be tolerated, and may be grounds for disciplinary action, up to and including termination. Employees are expected to comply with the same ethical and performance standards online as in the workplace.
6. Employees may not use their official City email addresses to create or maintain any personal social media page(s).
7. An employee’s use of social media in a manner that violates the City’s policies and procedures, including, but not limited to, the City’s workplace harassment, discrimination, and retaliation policies, will not be tolerated, and may be grounds for disciplinary action, up to and including termination.
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8. Employees may not post any content on the internet or social media that constitutes or contains City confidential, proprietary, privileged, private, personnel, or other non-public information.
9. City employees are prohibited from using the City logo or informal logo, representing the City, or representing that they speak on behalf of the City. Employees must also make clear in any online activity that the views and opinions they express about work-related matters are their own, have not been reviewed by the City, and do not necessarily represent the views and opinions of the City.
10. This policy is not intended to prohibit conduct permitted by any state or federal law.
F. California Public Records Act
1. All content posted on a social media website may be subject to the California Public Records Act, California’s civil discovery statutes, and other applicable laws requiring the disclosure of public records.
All content must be managed, stored, and retrieved to comply with these laws, including any photographs or images. In addition, all content subject to the City’s records retention policy must be maintained consistent with that policy. Any content on authorized social media websites shall be maintained in a format that preserves the integrity of the original record and must be easily accessible using the approved City platform and tools. Any content submitted for posting that is deemed unsuitable because it is not topically related or is inappropriate under this policy must also be retained pursuant to the applicable record retention schedule. In addition, City staff must adhere to the following rules:
(a) The City Manager’s office will maintain a list of all authorized City social media pages or websites and all account information for such websites, including login passwords, to allow for the immediate alteration or removal of content that is inappropriate or inconsistent with City policy. All such information must be shared with the City Manager’s office and updated when changed. (b) City social media team members shall maintain a record of City social media page or website account information, including username, registered email address, date established, and authorizing representative and the site’s terms of use. (c) All documents shall be easily accessible, including photographs or images if the website is subject to a California Public Records Act request or similar request for disclosure.
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(d) City staff shall direct any public records requests to the City Clerk’s Office.
G. Failure to Adhere to Policy
An employee’s failure to adhere to the provisions of this policy may result in disciplinary action being taken against the employee, up to and including termination.
RULE 26. INJURY AND ILLNESS PREVENTION PROGRAM
SEC. 26.1 OVERVIEW
The Injury and Illness Prevention Program (or “Safety Program”) is developed to provide standards for sound, workable safety activities to assist the City of St. Helena in fulfilling its important function of leadership and public service. The success of the safety program depends upon the positive support of the City Officials, the cooperation of department heads and all employees toward the prevention of accidents.
It is the policy of the City of St. Helena (St. Helena) to provide safe working conditions for all City employees and volunteers and to comply with Cal/OSHA regulations and occupational best practices in order to prevent workplace illness and injury.
Title 8 of the California Code of Regulations, Section 3203 requires that every employer establish, implement, and maintain an effective Injury and Illness Prevention Program (IIPP). The intent of the City’s Health & Safety Manual is to establish policy and procedures not only to meet these regulations, but to continually improve employee health and safety, with the ultimate goal of eliminating work-related injury and illness.
It is the responsibility of each Department Head to establish safety as a standard operating procedure, and to insure safe working conditions for all City employees. It is the obligation of all City personnel to strive to prevent accidents and work injuries.
Failure to following this program and safety directions will result in progressive disciplinary action up to and including discharge.
The basic purpose for the Injury and Illness Prevention program is the elimination of accidents and illness which cause occupational injuries or property damage. Each accident or injury is caused either by an unsafe act of an individual, an unsafe physical condition, or a combination of both. Accidents can be prevented by eliminating unsafe acts and correcting unsafe conditions.
The benefits of an active safety program touch on every phase of business, home and community. Specifically, these benefits include better working conditions, improved public relations, higher morale of workers, cost reduction, increased production and harmonious employer-employee relations.
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The City agrees to make every reasonable provision for the safety and health of its employees while at work, to abide by applicable federal, state, county and city laws and to make available such protective equipment as is required by such law.
To accomplish this goal, and as a condition of employment, City officials, management, and staff must all work together to implement this IIPP and to identify, report, and abate potential hazards to foster a safe working environment.
SEC. 26.2 THE PLAN
A. Labor/Management Safety and Health Committee.
The City establishes, implements and agrees to maintain an effective Injury and Illness Prevention Program in accordance with Section 3203 of the General Industry Safety Orders as amended July 1, 1991. In order to accomplish the objectives, a Labor/Management Safety and Health Committee shall be maintained.
B. Safety Coordinator.
The City Manager shall appoint a Safety Coordinator which is typically delegated to a staff member in Human Resources. The Safety Coordinator shall have the following powers and duties:
1. Assist in the implementation and coordination of the Injury and Illness Prevention program for all City departments.
2. Assist in preparing and coordinating an overall educational and training program in accent prevention for all City departments and to assist them in the development of safe operating practices and in the elimination of unsafe conditions.
3. Review and analyze all reports and investigate or assist in investigating all employee accidents reported therein to determine causes and responsibilities, and at regular intervals prepare and distribute reports and summaries of the results for such investigations and review.
4. Call upon any City officer or employee and the Labor/Management Safety and Health Committee as needed for assistance in investigating accidents.
5. Oversee the inspection of City property; make recommendations to City officers and departments for the unsafe operating practices and procedures and unsafe physical and mechanical conditions of City property and facilities; and require such officers and departments to report in writing to the Safety Coordinator as to the action to correct such unsafe conditions.
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6. Maintain an internal CAL OSHA 200 LOG and CAL OSHA
Supplementary File for the current year and the previous five (5) years at the City Manager’s office, City Hall.
7. Post the right half of the CAL OSHA log every February 1 for the entire year.
C. Departmental Safety Coordinator.
Each individual Department Head is delegated the authority and responsibility for implementing the Injury and Illness Prevention program in accordance to the City of St.
Helena Injury and Illness Prevention Program, Health & Safety Manual for City Employee within their department. Department Heads must influence employee safety and provide the stimulus necessary to keep line supervisors active in their accident prevention efforts. The Department Head shall appoint a Departmental Safety Committee Coordinator consisting of one or more employees within their department or office.
It shall be the Department Head’s responsibility to include those requirements as spelled out in SB 198, Statutes of 1989, Chapter 1369, Labor Code Section 6401.7 and Title 8 California Code of Regulations, General Industry Safety Orders 3203, Construction Safety Orders 1509. Compliance shall include, but not limited to:
1. Identifying safety and health hazards associated with occupations employed.
2. Developing a code of safe practices that effectively address identified hazards.
3. Implementing a system of periodic inspections, investigations and incidents and correcting deficiencies.
4. Implementing a training program for all employees.
5. Establishing a system for communicating with employees on safety matters.
6. Complying with record keeping requirements for Injury and Illness Prevention program.
D. Duties of Department Safety Committee Coordinator(s).
It shall be the duty of each department Safety Committee Coordinator(s) to:
1. Assist the department in promoting safety and in developing an effective accident prevention program within every department or office.
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2. Constantly inspect departments or offices for conditions that might cause accidents and bring them to the attention of the Safety Coordinator through the head of their department or office.
3. Investigate and make detailed reports to the Department Head of all industrial, automobile, fire and other accidents involving city property and/or personnel within the department.
4. Assist the Safety Coordinator and the Safety Committee in their reviews.
5. Attend all meetings at the call of the Department Head.
6. Report to respective Department Head.
7. Be a designated department staff member to sit on the Labor/Management Safety and Health Committee.
E. Labor/Management Safety and Health Committee.
The City Manager shall establish a Labor/Management Safety and Health Committee.
This committee shall be comprised of Departmental Safety Committee Coordinators from each department, should include at least one representation from all City field operations (Fire, Police and Public Works), and shall have a designated management safety representative (as identified and employee representative attend a quarterly Safety and Health Committee meeting. There will be equal representation of unit employees and supervisory management personnel. Unit employees may be nominated and elected by the employees of the department they represent or may be assigned by their appropriate Department Head. Supervisory management employees will be assigned by their appropriate Department Heads. All terms run on a fiscal year basis. Alternates may attend due to any absence.
F. Duties of the Labor/Management Safety and Health Committee:
1. Meet regularly on a quarterly basis (law requires at least quarterly).
2. Designate a Chair, Co-chair and Secretary by vote of the committee members.
3. Prepare and make available to all employees, written records of the safety and health issues discussed at the committee meetings and minutes of all meetings (minutes will be maintained and posted to the City’s intranet by the Secretary).
4. Review investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness or exposure to hazardous substances and, where appropriate, submit suggestions to management for prevention of future incidents.
Agenda Item #5.1.
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5. Review investigations of occupational accidents and their causes with the objective of confirming the causal factors and ensuring steps have been or will be taken to prevent future incidents.
6. Develop special emphasis programs each fiscal year to communicate safety and health issues to City employees. Special emphasis programs may be based upon occupation injury and illness trends, recognition of hazards in the City, or suggestions from the employees regarding a target area(s) to improve.
7. Consider recognition programs for City employees whose contribution to the employees’ safety and health efforts is unique in some way that improves the safety and health of City work.
8. Provide a forum for employees to voice safety and health issues, concerns or hazards that have not previously been addressed.
9. Encourage and facilitate employee-to-employer communications, either direct or anonymous.
SEC. 26.3 EMPLOYEE PROTECTION
There shall be no reprisals or discrimination for employee advising the City of unsafe conditions and practices, unrecognized hazards and suggestions to improve workplace safety. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee.
RULE 27. FRAUD PREVENTION AND DETECTION POLICY
SEC. 27.1 OVERVIEW
The City recognizes the importance of protecting the organization, its operations, its employees and its assets against financial risks, operational breaches and unethical activities. Therefore, it is incumbent upon the City Council and City Management to institute and clearly communicate the fraud prevention policy to both internal and external stakeholders.
The City maintains a zero-tolerance policy regarding fraud and corruption. All matters raised by any source will be taken seriously and properly investigated. This policy covers all City employees and officials. Additionally, this policy covers City vendors, customers and partners to the extent that any City resources are committed or used.
SEC. 27.2 THE PLAN
A. Definitions.
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1. Fraud is defined as an intentional deception, misappropriation of resources, or the manipulation of data to the advantage or disadvantage of a person or entity. Some examples of fraud include:
2. Falsification or inflation of expenses and invoices
(a) Misappropriation of the City’s assets (funds, supplies, furniture, equipment, etc.)
(b) Unauthorized alteration or falsification of records (c) Improprieties in handling and accounting of monies
collected, cash or otherwise
(d) Knowingly providing false information on job applications, time sheets, requests for reimbursement or funding, and other forms
(e) Profiteering as a result of insider knowledge of confidential activities
(f) Computer-related activity involving unauthorized alteration, destruction, forgery, manipulation of data, or
misappropriation of City-owned software
3. Corruption is defined as the offering, giving, soliciting or accepting of an inducement or reward that may improperly influence the action of a person or entity. Some examples of corruption include:
(a) Bribery
(b) Conspiracy
(c) Extortion
B. Reporting Fraud and Corruption.
Allegations and concerns about fraudulent or corrupt activity may come from various sources including:
(a) Employees
(b) Vendors
(c) Members of the public
(d) Results of internal or external audit reviews
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(e) Any other interested parties
All employees have a duty to report any information or suspicions about the possible fraudulent or corrupt activity of any official, employee, vendor or any other party associated with the City. Such duty includes reporting detected or suspected activity immediately to the employee’s Department Head or supervisor.
If reporting this to the employee’s Department Head or supervisor compromises the integrity of the information in any way, the employee should contact the City Manager and arrange for a meeting. Similarly, if the information cannot be discussed with the City Manager, the employee should contact the Mayor, Vice-Mayor or other City Council Member and arrange for a meeting to discuss the matter.
Alternatively, anonymous written complaint can be provided to the City Manager or, if the circumstances warrant, to the Mayor, Vice-Mayor or other Council member. It is strongly recommended that complaints be made no later than 10 working days of having knowledge or suspicion. It is also strongly recommended that a written and signed statement of the complaint be submitted to the City Manager within eight working days of the initial anonymous complaint report. Anonymity in the complaint procedure may compromise the City’s ability to complete a thorough investigation.
Complaints must include the following information:
(f) The employee’s name and position title (unless made anonymously).
(g) The name of the alleged person or persons committing the fraud, including their title(s).
(h) The specific nature of the fraud and, if known, how long it has gone on.
(i) Witnesses to the fraud, if any.
No attempt should be made by anyone other than those authorized to conduct investigations or interviews/interrogations related to any suspected fraudulent act.
Retaliation and retribution will not be tolerated against any employee who reports suspected fraudulent or corrupt activities. All reports will be taken seriously and will be investigated by appropriate staff or legal counsel. If deemed necessary, the City will notify and fully cooperate with the appropriate law enforcement agency. Any investigation resulting in the finding of fraud or corruption will be reported to the City Council.
If an employee is determined to have acted maliciously or with deceit in making false accusation, the employee will be subject to disciplinary action.
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If suspected fraud involves programs funded in whole or in part with federal funds, additional responsibilities, such as special reporting and disclosure to the awarding agency, may apply to the organization. It is the policy of the City to fully comply with all additional reporting, disclosure and other requirements pertaining to suspected acts of fraud.
C. Deterring Fraud and Corruption.
The City has established internal controls, policies, and procedures in an effort to deter, prevent, and detect fraud and corruption.
All new employees are subject to background investigations including a criminal background check. Prior to making an offer of employment to any applicant, the City will also verify some or all of the following items: employment history, education, and personal references.
All vendors, contractors, and suppliers must be in good standing, and authorized to transact business in the state of California. Vendors, contractors and suppliers are also subject to screening.
Contractual agreements with the City shall contain provisions prohibiting fraudulent or corruptive acts and shall include information about reporting fraud and corruption. City employees will receive fraud and corruption awareness training before the policy implementation and at least every two (2) years. New employees will receive training as part of orientation at the commencement of employment
D. Corrective Action.
Final determination regarding action against an employee, vendor, recipient or other person found to have committed fraud or corruption will be made by the City Manager, the City Council will take appropriate action.
Offenders at all levels of the organization will be treated equally regardless of their position or years of service, position/title, or relationship with the City. Determinations will be made based on a finding of facts in each case, actual or potential damage to the organization, cooperation by the offender, and legal requirements.
Depending upon the seriousness of the offense and the facts of each individual case, action against an employee can range from written reprimand to legal action, either civil or criminal. In all cases involving monetary losses, the City will pursue any and all means of legal recovery.
E. Confidentiality.
The City will treat all information received confidentially to the extent permitted by law.
Investigation results will not be disclosed or discussed with anyone other than those who have a legitimate need to know. This is important in order to avoid damaging the Agenda Item #5.1.
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reputations of persons suspected by subsequently found innocent of wrongful conduct and to protect the City from potential civil liability.
RULE 28. VOLUNTEER & INTERNSHIP PROGRAM
Department Heads may appoint volunteer workers/interns who will serve without pay or other compensation. Minors under the age of 14 shall not be eligible for the City’s volunteer & internship program. Minors under 18 years of age must obtain workers’ permits (“Statement of Intent to Employ Minor and Request for Work Permit”), signed by the minor’s parent or guardian, to be eligible for participating in the City’s volunteer & internship program. Emancipated minors (i.e., minors entering into a valid marriage) applying for the City’s volunteer & Internship Program must still obtain workers’ permits—even though parental consent is not required.
Agenda Item #5.1.
EMPLOYEE ACKNOWLEDGEMENTS
Agenda Item #5.1.
CITY OF ST HELENA
ACKNOWLEDGEMENT OF RECEIPT OF PERSONNEL RULES/EMPLOYEE
HANDBOOK
I acknowledge that I have received my copy of the City of St. Helena Personnel Rules/Employee Handbook. I recognize that the Personnel Rules/Employee Handbook supersede any inconsistent and/or conflicting Personnel Rules, policy statements, manuals, and/or administrative policies previously issued by the City of St. Helena. I will read and abide by all rules and regulations set forth in the Personnel Rules/Employee Handbook.
I understand that the Personnel Rules/Employee Handbook do not create a vested contractual right in the execution of the duties and responsibilities relating to the Personnel Rules/Employee Handbook.
Print Name Signature
Date
Agenda Item #5.1.
CITY OF ST. HELENA
DRUG-FREE WORKPLACE POLICY
ACKNOWLEDGEMENT OF RECEIPT
By my signature below, I acknowledge that I have received, read, and understood the City of St. Helena’s Drug-Free Workplace Policy, and I will abide by its terms. I understand that failure to fully comply with all terms set forth in the policy may lead to disciplinary action, up to and including termination.
Print Name Signature
Date
Agenda Item #5.1.
CITY OF ST. HELENA
ACKNOWLEDGMENT OF RECEIPT OF
POLICY AGAINST DISCRIMINATION, HARASSMENT,
RETALIATION, AND ABUSIVE CONDUCT
This will acknowledge that I have received my copy of the City of St. Helena’s Policy against Discrimination, Harassment, Retaliation and Abusive Conduct (“Policy”) and that I have read the Policy, understand my rights and obligations under the Policy, and agree to be bound by it.
My signature below further signifies that I have read this Policy and that I accept and will abide by all of its provisions.
Print Name Signature
Date
Agenda Item #5.1.
CITY OF ST. HELENA
ACKNOWLEDGEMENT OF
ELECTRONIC COMMUNICATIONS POLICY
This will acknowledge that I have received, read, and understand the Policy on the Use of Electronic Communications of the City of St. Helena’s (“City”). I am aware that violation of this Policy may result in disciplinary action, up to and including termination.
I understand this signed acknowledgement will be maintained in my personnel file.
I recognize and understand that the City’s Electronic Communications Systems are to be used primarily for conducting City business. I am aware that I have no expectation of privacy or confidentiality when using the City’s Electronic Communications Systems and/or Electronic Storage. I understand that the City has, and will exercise, the right to monitor, review, copy, and/or disclose all matters on the City’s Electronic Communications Systems and/or Electronic Storage at any time, with or without notice to me, and that such access may occur during or after working hours. I realize that the use of a password or other security features does not restrict the City’s access.
I also hereby consent that the City may monitor, review, and/or copy any information, both personal and business related, on the City’s Electronic Communications Systems and/or Electronic Storage at any time, and may, without further notice, disclose that information to a third party, including law enforcement agencies.
My signature below further signifies that I have read this Policy and that I accept and agree to comply with all of its provisions.
Print Name Signature
Date
Agenda Item #5.1.
CITY OF ST. HELENA
ACKNOWLEDGEMENT OF
SOCIAL MEDIA POLICY
This will acknowledge that I have received, read, and understand the Social Media Policy of the City of St. Helena’s (“City”). I am aware that violation of this Policy may result in disciplinary action, up to and including termination. I understand this signed acknowledgement will be maintained in my personnel file.
My signature below signifies that I have read this Policy and that I accept and agree to comply with all of its provisions.
Print Name Signature
Date
Agenda Item #5.1.
Updated: 12/22/22
Name Appointment
Date
Term
Expires
Active Transportation & Sustainability
Committee
John Zimmerman 4/13/2021 6/30/2023
Glenn Smith 9/8/2015 6/30/2024
Leslie Stanton, Chair 3/23/2021 6/30/2024
Jeff Farmer, Vice Chair 6/27/2017 6/30/2023
Madelyn Chandler 8/13/2019 6/30/2024
Vacant, Alternate 6/30/2024
Vacant, Alternate 6/30/2024
City Council Liaison/Paul Dohring
Staff Liaison/Preya Nixon
Library Board of Trustees
Lin Weber 10/14/2014 6/30/2023
Janet Myers 6/22/2021 6/30/2023
Alexandra Haslip 11/9/2021 6/30/2024
Suzanne Roomian 6/28/2022 6/30/2024
Terry Wood, Chair 11/1/2014 6/30/2024
David Slaby, Vice Chair 6/27/2017 6/30/2023
Vacant 6/30/2024
City Council Liaison/Council Member
Chouteau
Staff Liaison/Chris Kreiden
Parks and Rec Commission
Matthew Demchuk, Vice Chair 7/14/2015 6/30/2023
Rebekah Stoltz Weeman 3/26/2019 6/30/2023
Tye Taylor, Vice Chair 8/13/2019 6/30/2024
Doug Boeschen 6/28/2022 6/30/2024
Michelle Deasy, Chair 6/30/2020 6/30/2024
City Council Liaison/Council Member Hall
Staff Liaison/Dave Jahns
Planning Commission
John Ponte, Chair 6/27/2017 6/30/2025
Autumn Anderson 2/12/2019 6/30/2024
Chris Warner 6/28/2022 6/30/2026
Marika Rothfeld 1/12/2021 6/30/2025
Rosaura Segura 1/12/2021 6/30/2024
Staff Liaison/Maya DeRosa
Mosquito Abatement
Brian Cramer 7/14/2015 12/31/2025
Active Transportation Advisory
Committee (ATAC) to NVTA
Lee Philipson 7/27/2021 6/302023
Napa County Local Food Advisory
Council
Jeannie Kerr 3/26/2015 1/1/2023
Term of office is 2 years
St. Helena Boards, Committee & Commissions Roster
Term of office is 2 years
Term of office is 2 years
Term of office is 4 years
Term of office is 4 years
Term of office is 3 years
Agenda Item #5.1.
2023 St. HELENA INTERGOVERNMENTAL CITY COUNCIL ASSIGNMENTS MAYOR/COUNCIL COMMITTEE ASSIGNMENTS: Mayor
Dohring
Vice Mayor
Hall
Council
Member
Chouteau
Council
Member
Summers
Council
Member
Hardy
Outside Assignments:
1 City/SHUSD/Chamber/NVC (Monrovia) Primary
2 St. Helena Sewer District No. 1 Primary Primary Primary Primary Primary 3 Association of Bay Area Governments (ABAG) - Executive Board Alternate 4 Association of Bay Area Governments (ABAG) - General Assembly Primary Alternate 5 Napa Valley Tourism Corporation (Umbrella for Napa County) Primary 6 League of California Cities – North Bay Division Primary Primary Primary Primary Primary 7 Napa County City Selection Committee *Primary
8 Napa County Flood Control and Water Conservation District *Primary 9 Youth Opportunities Commission Primary
10 Napa County League of Governments (NCLOG) Primary Primary Primary Primary Primary 11 Napa County Local Agency Formation Commission (LAFCO) 12 Napa Valley Transportation Authority (NVTA) *Primary Alternate 13 Napa County Watershed Information Center & Conservancy (WICC) Alternate 14 Upper Valley Waste Management Agency Primary Alternate 15 Napa County Groundwater Sustainability Plan Advisory Committee Primary Primary 16 Napa County Regional Climate Action Committee Primary 17 Association of Bay Area Governments (ABAG) - Executive Board Alternate 18 Active Transportation & Sustainability Committee (ATSC) X 19 Library Board X
20 Parks & Rec Commission X
21 X X
22 X
24 X X
Consider and synthesize stakeholder housing recommendations and recommend short and long-term housing initiatives to the City Council, including advancing the use of one or more of city-owned parcels (including Adams Street) for affordable housing.
Prepare/present citywide design guidelines to the Planning Commission for adoption.
Prepare and implement COVID Business Recovery Plan & Continuity Strategy for Phase 1 Downtown Streetscape Project.
Internal Ad Hoc Assignments: Page 1341 of 1345
Agenda Item #5.1.
2023 St. HELENA INTERGOVERNMENTAL CITY COUNCIL ASSIGNMENTS MAYOR/COUNCIL COMMITTEE ASSIGNMENTS: Mayor
Dohring
Vice Mayor
Hall
Council
Member
Chouteau
Council
Member
Summers
Council
Member
Hardy
Internal Ad Hoc Assignments: (Continued)
25 X X
27 X X
31 Housing Element Focus Group Ad Hoc Committee X
32 Zoning Code Update Ad Hoc Committee X X
33 Water Ad Hoc Committee X
34 Development of Will Serve Policy Ad Hoc Committee X
35 Non-Profit Grant Review Ad Hoc Committee X
38 Agenda Review Committee X X
41 Napa Valley Blue Zones Steering and Leadership Committee X * Per Gov't Code, Bylaws or MOU the Mayor or Vice Mayor is automatically assigned.
The Council will designate two to three Youth Representatives to speak once everty two months at City Council meetings. These individuals would a) provide an update on youth related issues in the community and b) act as a liaison to youth when feedback is requested on City Council matters.
Develop marketing collateral for prospective tenants and prioritize targeted business types.
Agenda Item #5.1.
GOVERNMENT ACRONYMS
ACRONYM WHAT DOES IT MEAN
ABAG Association of Bay Area Governments
ACFR Annual Comprehensive Financial Reports
ADU Accessory Dwelling Unit
AWWA American Water Works Association
BMP Best Management Practices
CCAC City Clerk Association of California
CCC California Conservation Crews
CCR Consumer Confidence Report
CDBG Community Development Block Grant
CDC California Detention Center
CDC Center for Disease Control
CEQA California Environmental Quality Act
CIP Capital Improvement Project
CIRA California Intergovernmental Risk Authority
CJPRMA California Joint Powers Risk Management Authority CLA California Library Association
CLETS California Law Enforcement Telecommunications System CLSA California Library Services Act
COPS Citizen’s Options for Public Safety
CRMA California Risk Management Authority
CSL California State Library
CSMFO California Society of Municipal Financial Officers CSO Community Services Officer
CUP Conditional Use Permit
EIR Environmental Impact Report
EOC Emergency Operations Center
DA Development Agreement
DARE Drug Abuse Resistance Education
DBP Disinfection By-Products
DMV Department of Motor Vehicles
DPW Department of Public Works
EAP Employee Assistance Program
EIR Environmental Impact Report
EMS Emergency Medical Services
EOC Emergency Operations Center
EPA Environmental Protection Agency
ERAF Education Review Augmentation Fund
FAR Floor Area Ratio
FEMA Federal Emergency Management Agency
FF Firefighter
FTE Full Time Equivalent
GAAP Generally Accepted Accounting Principles
GAAS Generally Accepted Auditing Standards
GASP Governmental Accounting Standards Board
Agenda Item #5.1.
GOVERNMENT ACRONYMS
ACRONYM WHAT DOES IT MEAN
GFOA Government Finance Officers Association
GIS Geographic Information Systems
GO Bond General Obligation Bond
GSA/GSP Groundwater Sustainability Agency/Plan
HCD Department of Housing and Community Development (State Office) HDPE High-Density Polyethylene Pipe
HSP High Service Pump
HVAC Heating & Air Conditioning
ICC Incident Command Center
ICMA International City/County Management Association
JOC Joint Operation Center
LAFCO Local Agency Formation Commission
LSWTP Louis Stralla Water Treatment Plant
Measure T Napa County local sales tax for roadway projects administered by the NVTA MEDEVAC Medical Evacuation
MDC Mobile Data Center
MGD Million Gallons per Day
MMRP Mitigation Monitoring and Reporting Program
MND Mitigated Negative Declaration
MSD Metropolitan Sewer District
MTC Metropolitan Transportation Commission
NBCLS North Bay Cooperative Library System
NCDC Napa County Detention Center
NCLOG Napa County League of Government
NCTPA Napa County Transportation Planning Agency
NFPA National Fire Protection Association
NLS Northnet Library System
NSIB Napa County Special Investigation Bureau
NVTA Napa Valley Transportation Authority
OCLC Online Computer Library Center, Inc.
OES Office of Emergency Services
PARMA Public Agency Risk Management Association
PERS Public Employees Retirement System (also known as CalPERS) PLF Public Library Foundation
POA Police Officers Association
POF Police Officers Foundation
REMIF Redwood Empire Municipal Insurance Fund
RIMS Records Integrated Management System
RHNA Regional Housing Needs Allocation
RLS Robert Louis Stevenson Middle School
RWQCB Regional Water Quality Control Board
SB1/RMRA Senate Bill 1/Roadway Maintenance and Rehabilitation Act SBW Stonebridge Well
SCADA Supervising Control and Data Acquisition
SCBA Self-Contained Breathing Apparatus
Agenda Item #5.1.
GOVERNMENT ACRONYMS
ACRONYM WHAT DOES IT MEAN
SHEA St. Helena Employee Association
SHPFA St. Helena Professional Firefighters Association
SNAP Solono & Napa Partners
SSO Sanitary Sewer Overflow
STR Short Term Rental
SWRCB State Water Resources Control Board
TID Tourism Improvement District
TOT Transient Occupancy Tax
TUP Temporary Use Permits
VFD Variable Frequency Drive
VMT Vehicle Miles Traveled
WTP Water Treatment Plant
WWTRP (WWTP) Wastewater Treatment Plant and Reclamation Facility Agenda Item #5.1.