St. Helena City Council
August 8, 2023

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are not intended to be long-term and shall not exceed a total of six (6) months.

B. A person appointed to a position on a provisional basis shall not be entitled to credit for the time served under the provisional appointment toward the completion of their probationary period and shall be entitled to the same salary and other benefits as an applicant appointed from an eligibility list except that the employee may not be employed under the provisional appointment for longer than the period authorized herein.

C. No preference shall be allowed in any examination or the establishment of any eligibility lists for a position for an applicant who rendered service in that position under a provisional appointment.

SEC. 5.3 ACTING APPOINTMENTS TO A HIGHER CLASS
An acting appointment may be made of a current employee to a higher class or position occupied by a person on temporary leave or disability. Upon the return of the incumbent from leave or disability, the acting appointment shall be immediately terminated, and the appointee shall resume the duties and receive the compensation and privileges as if the employee had continued their duties in their previous classification.

SEC. 5.4 REINSTATEMENT
The City Manager may reinstate any person who has resigned in good standing, provided that such reinstatement is accomplished within one (1) year of the date of resignation, or as otherwise required by law. Such reinstatement action may, at the discretion of the City Manager, take precedence over any eligibility list except a reemployment list. Any person so reinstated shall be subject to a new probationary period of the same length as established for new appointees to a position in the class, unless excused by the City Manager.

SEC. 5.5 TRANSFER
A. The City Manager may institute a voluntary or involuntary transfer of an employee from one position to another vacant position in the same class or to a vacant position in a comparable class at the same salary level.

B. An employee who has achieved a rating other than “Does Not Meet Expectations” on their most recent performance evaluation may initiate a request for voluntary transfer to an available position in the same Class for which a recruitment has not yet opened, and for which the employee meets the minimum qualifications, by submitting a request in writing to the supervisor. The supervisor will issue a written recommendation to the City Manager as to whether to proceed with an internal recruitment or opencompetitive recruitment, or to exercise the discretion to grant the employee’s transfer request.

Agenda Item #9.6.

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C. While the City Manager retains sole discretion whether to institute voluntary and involuntary transfers, consideration will be given to the affected employee’s and the supervisor’s wishes.

SEC. 5.6 NEPOTISM
A. Definitions.

1. Applicant. A person who applies for a position at the City and is not a current employee.

2. Change of Status. A change in the legal status or personnel status of one or more current employees.
(a) Changes in legal status include, but are not limited to, marriage, divorce, separation, or any such change through which a current employee becomes a family member or ceases to be a family member of another current employee.
(b) Changes in personnel status include, but are not limited to, promotion, demotion, transfer, resignation, retirement, or termination of a current employee who is a family member of another current employee.

3. Current Employee. A person who is presently a City employee or an elected or appointed City official.

4. Direct Supervision. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute “Direct Supervision”:
(a) Occupying a position in an employee’s direct line of supervision;
(b) Functional supervision, such as a lead worker, crew leader, or shift supervisor; or
(c) Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments.

5. Family Member. A spouse, domestic partner, parent, parent-in-law, step-parent, legal guardian, sister, step-sister, sister-in-law, brother, step-brother, brother-in-law, child, step-child, legal ward, daughterin-law, son-in-law, grandchild, or grandparent.

B. Prohibited Conduct.

Agenda Item #9.6.

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Conduct by family members including, but not limited to, one or more of the following:
(a) Participation directly or indirectly in the recruitment or selection process for a position for which a family member is an applicant;
(b) Direct supervision of a family member that does not comply with limitations set forth in this Rule; or
(c) Conduct by one or more family members that have an
adverse effect on supervision, safety, security, or morale.

C. Guidelines for Applicants.

No qualified applicant may be denied the right to file an application for employment and compete in the examination process. However, consistent with this Section, the City may reasonably regulate, condition, or prohibit the employment of an applicant for a fulltime position.

D. Disclosure. Each applicant is required to disclose the identity of any family member who is a current employee.

E. Assessment by Human Resources.

For each applicant who has a family member who is a current employee, Human Resources shall assess whether any of the following circumstances exist:

1. Business reasons of supervision, safety, security, or morale warrant the City’s refusal to place the applicant under direct supervision by the family member; or

2. Business reasons of supervision, security, or morale that involve potential conflicts of interest or other hazards that are greater for family members than for other employees, which warrant the City’s refusal to permit employment of family members in the same department, division, or facility.

F. Decision.

1. If Human Resources determines that either of the above circumstances exists, the Administrative Services Director shall exercise their discretion to either reject the applicant or consider the applicant for employment in a position that does not present either of the above circumstances.

2. Following examination, if the applicant is successfully certified as eligible, they may be employed in a position for which the Administrative Services Director has determined that neither circumstance exists pursuant to Section 5.6.

Agenda Item #9.6.

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3. When an eligible applicant is refused appointment by virtue of this Section, their name shall remain on the eligibility list for openings in the same classification. For each opening, the Administrative Services Director shall make a determination consistent with Section

5.6. G. Guidelines for Current Employees.

1. Employees shall report a Change of Status to Human Resources within a reasonable time after the effective date of the Change of Status. Wherever feasible, employees shall report a Change of Status in advance of the effective date.

2. Within thirty (30) days from receipt of notice, the Administrative Services Director shall undertake a case-by-case consideration and individualized assessment of the particular work situation to determine whether the Change of Status has the potential for creating an adverse impact on supervision, safety, security, or morale.

3. The Administrative Services Director shall consult with an affected supervisor to make a good faith effort to regulate, transfer, condition, or assign duties in such a way as to minimize potential problems of supervision, safety, security, or morale.

4. Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that the potential for creating an adverse impact on supervision, safety, security, or morale cannot be sufficiently minimized and to take further action pursuant to Section

5.6. 5. Following a Change of Status or new hire of a family member, affected supervisors shall reasonably monitor and regulate both family members’ conduct and performance for a period of one (1) year from the date of the Administrative Services Director’s determination. The supervisor shall document these actions.

Successive supervisors may re-visit such a determination at their discretion.

6. If the supervisor determines, subject to any applicable requirements of due process, that an employee has engaged in prohibited conduct, the supervisor shall re-visit the Administrative Services Director’s determination. Depending on the severity of the Prohibited Conduct, the supervisor may recommend that the Administrative Services Director take one or more of the following additional measures:
(a) Transfer one of the family members to a similar position that would not be in violation of this policy. The transfer will be granted Agenda Item #9.6.

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provided the family member qualifies and there is an opening to be filled. There can be no guarantee that the new position will be within the same classification or at the same salary level. (b) If the situation cannot be resolved by transfer, one of the family members must separate from City employment. If one of the employees does not voluntarily resign, the employee with primary responsibility for the prohibited conduct will be discharged. (c) Supervisors who receive complaints from other employees that one or more family members have engaged in prohibited conduct shall respond in accordance with existing complaint and disciplinary procedures, where applicable.
(d) Where situations exist prior to the effective date of this Section that may be in conflict with this Section, every effort shall be made to reasonably address the situation so as to avoid any future conflict.

H. Employee Complaints. Employees who believe that they have been adversely affected by prohibited conduct by one or more family member(s) should submit complaints to Human Resources.

I. Appeal of Determination. Current employees and applicants affected by the application of this Section, may appeal the action to the City Manager within ten (10) days of the action. The City Manager shall hear the individual’s concerns and issue a written decision within thirty (30) days of receipt of the individual’s appeal. The decision of the City Manager is final, and no other appeal may be had unless the employee is entitled to further administrative appeal under other provisions of these Rules.

J. Savings Clause. Should any provision of this Rule, or any application thereof, be unlawful by virtue of any federal, state, or local laws and regulations, or by court decision, such provision shall be effective and implemented only to the extent permitted by such law, regulation or court decision, but in all other aspects, the provisions of this Rule shall continue in full force and effect.

SEC. 5.7 CONSENSUAL ROMANTIC RELATIONSHIPS BETWEEN
EMPLOYEES.

A. General. Consensual romantic or sexual relationships between City employees can lead to misunderstandings, complaints of favoritism, adverse effects on employee morale, and possible claims of sexual harassment during or after termination of the relationship. As a result, such relationships present existing or potential conflicts that adversely affect efficient operation of the City. Relationships that present an actual conflict under this Section are therefore prohibited.

Agenda Item #9.6.

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B. Application. This section shall apply to all City employees, regardless of gender or sexual orientation, who have a romantic or sexual relationship with another City employee. The provisions regarding nepotism shall govern employees who marry or become domestic partners with another City employee.

C. Definition of Conflict. For purposes of this Section, a conflict exists if business issues of supervision, safety, security, and/or morale would be impacted by a romantic or sexual relationship between two employees.

D. Supervisor’s Duty to Report. If a romantic or sexual relationship exists between a Supervisor and another employee (including another Supervisor), the Supervisor shall promptly disclose the relationship to the Administrative Services Director and request a determination as to whether the relationship presents a conflict. The disclosure must identify the names and positions of both employees. A Supervisor’s failure to comply with this section shall be grounds for discipline up to and including dismissal.

E. Determination. Within five (5) working days, the Administrative Services Director shall issue a written determination as to whether the relationship presents a conflict, and is thereby prohibited. The Administrative Services Director, in consultation with the City Manager, shall have exclusive discretion in making the determination.

F. Resolution of Conflicts. Subject to limitations imposed by law and applicable provisions of these Rules, the Administrative Services Director will attempt in good faith to work with the Supervisor and the other employee to consider options to eliminate the conflict, including removing the Supervisory authority that created the conflict, reassignment, transfer, or voluntary demotion of a Supervisory employee, or where the Administrative Services Director determines that modification of a Supervisor’s assignment is not feasible, reassignment, transfer, or voluntary demotion of a non-Supervisory employee. The Administrative Services Director retains discretion to determine that the conflict may be resolved via voluntary resignation or by involuntary demotion or dismissal.

G. Prohibited On-Duty Conduct. All City employees are prohibited from engaging in intimate, physical, or other conduct in furtherance of a romantic or sexual relationship with anyone, including another City employee, at work locations or during work hours. Moreover, upon termination of a sexual or romantic relationship with another City employee, employees are prohibited from engaging in behavior that adversely affects the working conditions of any City employee. In general, all employees are expected to observe appropriate standards of workplace conduct in their interactions with other City employees.

H. Complaints. Employees who believe that they have been adversely affected by romantic or sexual relationships between City employees Agenda Item #9.6.

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should follow the complaint procedures provided under the City’s policy against harassment, discrimination, and retaliation. The complaint procedures are available to all employees regardless of their past or present participation in a romantic or sexual relationship with another City employee.

RULE 6. PROBATION
SEC. 6.1 PROBATIONARY STATUS
A. During the probationary period the employee, unless subject to the terms and conditions of an employment contract, may be rejected at any time, for any lawful reason, or no reason.

B. Department Directors, and temporary employees, including part-time and contract employees, are not subject to a probationary period since these employees are subject to discharge at the discretion of the appointing authority, without further justification. Other employees (including the City Manager, City Attorney, and Fire Chief) may also be deemed at-will employees pursuant to employment contracts.

SEC. 6.2 PROBATIONARY PERIODS
A. The probationary period varies from one position to another and shall not include time served under a temporary, acting, or provisional appointment.

Periods of time on leaves longer than thirty (30) days require that the probationary period be extended a period of time equal to the amount of time spent on leave.

B. Each new full-time regular employee or safety employee shall be a probationary employee until their successful completion of the prescribed probationary period. In general, the probationary period for regular employees is twelve (12) months, and for safety employees, the prescribed probationary period is eighteen (18) months. If, at any time prior to successful completion of the prescribed probationary period, it appears that the probationary employee will not successfully complete the prescribed probationary period, the Department Head may extend the probationary period once for an additional six (6) months.

SEC. 6.3 REGULAR STATUS
A. An employee’s status shall be considered regular upon their completion of the applicable probationary period.

B. If a probationary employee receives written notice of rejection from the City Manager prior to expiration of the applicable probationary period, the employee has not attained “completion” within the meaning of Section 6.3.

Agenda Item #9.6.

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SEC. 6.4 REJECTION DURING PROBATIONARY PERIOD OF

PROMOTED EMPLOYEES
A. Regular Employees. A regular employee who is rejected during the probationary period from a position to which the employee has been promoted may be reinstated to the position from which the employee was promoted, if such position is vacant and existing, unless the employee is discharged for cause, which would have been sufficient to cause their discharge from their former position as well. In such case, the employee shall be entitled to appeal their discharge as provided in these rules.

B. Probationary Employees. Employees promoted to a higher class while on probation in a lower class and who subsequently fail to perform satisfactorily in the promoted position may return to their former position provided the position has not been eliminated and is vacant. Such employee shall continue to serve a probationary period for the length of time remaining on the probationary period at the time of promotion.

RULE 7. PERFORMANCE REPORTS
SEC. 7.1 POLICY
It is the policy of the City that periodic and regular reports be made as to the efficiency, competency, conduct and merit of its employees. To this end, it is the responsibility of the City Manager and supervisors that these ratings be made. The Administrative Services Director, under the direction of the City Manager, shall provide and prescribe the forms and procedures to be used in such reports of performance so that the program of performance reporting will be carried on in a sound, timely, and effective manner.

SEC. 7.2 AUTHORITY TO MAKE REPORTS
Department Heads shall prepare reports of performance for those employees within their department. The City Manager shall prepare reports of performance for the Department Directors. The City Manager shall review and approve all personnel performance reports following review and signature by the employee and their supervisor.

SEC. 7.3 TIME FOR REPORTING
A. Probationary Employees.

No later than ten (10) days prior to the completion of the probationary period, the supervisor shall furnish Human Resources with a report as to the progress and capability of the probationary employee, a copy of which shall also be furnished to the probationer.

B. Regular Employees.

Agenda Item #9.6.

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A report for an employee shall be prepared and received no later than ten (10) days prior to their salary anniversary date. An employee may be also given a report of performance at any other time during the year upon the employee’s request or at the discretion of the Appointing Authority. An employee who has been rated “improvement needed” or “unsatisfactory” (or equivalent i.e., “does not meet expectations”) shall receive a report three (3) months from receiving such rating and shall receive another report in another three (3) months in connection with a Performance Improvement Plan (PIP) this employee is assigned to complete.

C. Lack of Opportunity to Observe Performance.

If, as a result of extended absence or other circumstances resulting in a supervisor’s opportunity to observe an employee's performance for fewer than three (3) months, the employee and the supervisor may mutually agree in writing to delay issuance of the report of performance by up to three (3) months, with prior approval of the Human Resources Director. If the employee is eligible for a step advancement, and the supervisor determines that the employee's performance so warrants, the supervisor may recommend to the City Manager that the employee receive the step advancement retroactively to the salary anniversary date.

SEC. 7.4 REVIEW WITH EMPLOYEE
It is acknowledged that one of the prime benefits of a sound performance rating system is that it can bring together the employee and their supervisor in a frank and constructive discussion and appraisal of the employee’s work and the specific ways in which it may be improved. Therefore, each performance report shall be thoroughly discussed with the employee with this view in mind. The employee shall sign the report to acknowledge its contents. Such signature shall not necessarily mean the employee endorses the content of the report. The employee shall be entitled to submit a written response to their performance report within ten (10) calendar days of receipt of the performance report. Any such response will be attached to the employee’s performance report and maintained in their regular personnel file. No administrative appeal of the rating or contents of a performance report may be had by the employee.

SEC. 7.5 DISTRIBUTION OF REPORTS
Reports shall be prepared in three (3) copies. After review and approval of the City Manager, one copy shall be retained by Human Resources and one copy shall be provided to the employee. The Human Resources copy, along with any response by the employee, shall be made a part of the employee’s employment history and included in the employee's personnel file.

SEC. 7.6 PERFORMANCE RATINGS
A. Effects of “Improvement Needed” and “Unsatisfactory” Ratings.

1. Any employee who receives an overall rating of “unsatisfactory” or of “improvement needed” (or equivalent “i.e. “does not meet Agenda Item #9.6.

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expectations”) will not be eligible to be appointed off of any eligibility list until a satisfactory rating is established.

2. Any employee who receives an overall rating of “unsatisfactory” or of “improvement needed” (or equivalent i.e. “does not meet expectations”) will not receive any merit salary increase during the period following the report, except as provided in subsection 5 below.

3. Any employee who receives an overall rating of “unsatisfactory” or of “improvement needed” (or equivalent i.e. “does not meet expectations”) will be subject to a Performance Improvement Plan. “Unsatisfactory” or “improvement needed” ratings in individual rating categories may also result in a Performance Improvement Plan, in the discretion of the City.

4. In any case, where an employee receives an overall rating of “unsatisfactory” on two (2) consecutive occasions or “improvement needed” (or equivalent i.e. “does not meet expectations”) on three (3) consecutive occasions, Disciplinary Action shall be taken by the Appointing Authority as provided for in these rules, if such action has not already been taken.

5. If an employee who has been denied a merit salary increase improves their performance to such an extent that the City Manager believes a merit salary increase is now justified, the City Manager shall indicate the improvement on a report of performance form and may specifically award a merit salary increase. Additionally, in awarding the merit salary increase under this subsection, the City Manager may change the merit salary increase anniversary date to the date of the award of the merit salary increase or may permit the anniversary date to remain the same. Any merit salary increase awarded under this subsection shall not be made retroactive.

SEC. 7.7 PERFORMANCE IMPROVEMENT PLAN
A. The City Manager may authorize the use of a Performance Improvement Plan following an employee’s receipt of an overall rating of “unsatisfactory” or “improvement needed” (or equivalent i.e. “does not meet expectations”) in their most recent performance report, or based on similar ratings in particular evaluation categories, or at any other time upon request of a supervisor whose other efforts to have an employee conform to the City’s policies and procedures or other standards of performance have not been successful.

B. A Performance Improvement Plan is not a disciplinary action, and should not be used in place of appropriate disciplinary action.

Agenda Item #9.6.

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C. A Performance Improvement Plan shall detail the specific reasons that performance is deficient or non-compliant, requirements for improvement, the number of special and/or regular evaluation periods that the Plan is intended to be in place, and a schedule for review of the employee’s progress under the Plan.

D. The employee will receive an opportunity to meet with their supervisor or the City Manager to provide input into the terms of the Performance Improvement Plan before the Plan takes effect. However, in the City Manager’s discretion, the Performance Improvement Plan may take effect prior to expiration of the employee’s time to respond to their performance report.

E. The City Manager shall retain discretion to determine at any time that an employee under a Performance Improvement Plan has not demonstrated reasonable improvement and that the Plan should be discontinued.

F. The City Manager may further determine at any time that Disciplinary Action is warranted to address an employee’s insufficient performance or other misconduct.

G. If the City Manager determines that the employee has demonstrated sufficient improvement under the terms of the Performance Improvement Plan, and the employee then maintains acceptable performance over the full period of the Performance Improvement Plan, then the Plan shall be considered “successful.”
H. H. After the completion of a “successful” Performance Improvement Program, the City shall maintain a record of the Plan in the employee’s personnel file.

I. If the City Manager determines that a Performance Improvement Plan has not been “successful,” or that the employee’s performance has regressed in the evaluation period following completion of a “successful” Performance Improvement Plan, the City Manager may determine the issuance of proper disciplinary measures.

RULE 8. HOURS OF WORK/OVERTIME
SEC. 8.1 POLICY
A. It is the policy of the City that forty (40) hours per week shall constitute a week’s work, for all full-time employees, except that work days and work weeks of a different number of hours may be established in order to meet the varying needs of the City where permitted by law.

B. Temporary employees, including part-time employees, are not eligible for any benefits beyond the hourly wage and any benefits required by Agenda Item #9.6.

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applicable state or federal law and regulations, unless those benefits specifically and explicitly granted to these employees in these Rules.

SEC. 8.2 WORK WEEK
The normal work week shall be five (5) consecutive weekdays starting at 8:00 a.m. and ending at 5:00 p.m. on Monday to Friday except:

1. Library hours may vary.

2. Parks hours include Saturday and Sunday.

3. Streets, Parks, Water, Water Treatment, and Wastewater Treatment Department Hours are from 7:00 a.m. to 3:30 p.m.

4. Hours of operation differing from these guidelines may be established for any office or Department in order to meet the needs of the City and the citizens of St. Helena.

SEC. 8.3 DAILY HOURS OF WORK
Daily hours of work or shifts for employees shall be assigned by the City Manager as required to meet the operational requirements of the City.

SEC. 8.4 CHANGE IN WORKING HOURS
Any foreseeable absence or deviation from scheduled working hours desired by an employee shall, in advance, be cleared in writing through the office of the City Manager, and such absence shall be noted on the employee’s time sheet.

SEC. 8.5 OVERTIME
A. Overtime Compensation.

Employees shall not perform work outside of their regularly scheduled shifts unless requested to do so by a Department Head or with advance written authorization from a Department Head. This requirement applies to, but is not limited to:

1. Work performed before the start of the shift;

2. Work performed during meal periods;

3. Work performed after the end of the shift; and

4. Other work performed "off the clock" including work performed at home.

All employees shall take reasonable measures wherever feasible to avoid the need for work to be performed outside of their regularly scheduled shifts. Where required, time spent on such work shall be kept to a minimum. All time worked and leave used must Agenda Item #9.6.

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be reported on an employee’s timecard, regardless of when or where the work was performed.

Department Heads shall adhere to the following guidelines in requesting or assigning work outside an employee’s regularly scheduled shift:

An employee who may be required to perform work outside the regular shift shall be notified of the apparent need for such work as soon as practicable prior to when the work is expected to begin.

Non-exempt employees shall be paid at one and one-half times the employee's regular rate of pay for all hours actually worked in excess of the employees regularly scheduled shift or in excess of forty (40) hours in a work week. Paid time off or other non-working time (except paid rest breaks under Section 8.6), such as vacation, sick leave, holidays, jury duty, and compensatory time off, shall not be considered hours worked.

SEC. 8.6 REST BREAKS
Non-exempt employees shall be entitled to a paid 15-minute break for every four (4) hours worked. Such time shall be considered hours worked.

SEC. 8.7 CONDUCT DURING THE WORKDAY
During the workday, employees are expected to devote their full time in the performance of their assigned duties. Any approved outside work, part-time job, hobbies, or personal business must be performed during off duty hours. Off duty hours include unpaid lunch break periods, but do not include other rest or break periods during which the employee continues to receive pay.

RULE 9. LEAVES OF ABSENCE
SEC. 9.1 HOLIDAYS
A. The following days shall be recognized and observed as paid holidays for regular full-time employees:

1. New Year’s Day (January 1)

2. Martin Luther King, Jr. Birthday (Third Monday in January)

3. Presidents’ Day (Third Monday in February)

4. Cesar Chavez Day (March 31)

5. Memorial Day (Last Monday in May)

6. Independence Day (July 4)

7. Labor Day (First Monday in September)
Agenda Item #9.6.

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8. Veteran’s Day (November 11)

9. Thanksgiving Day (Fourth Thursday in November)

10. Friday after Thanksgiving Day

11. Christmas Eve (December 24)

12. Christmas Day (December 25)
Except for emergency services, all City offices shall be closed on recognized and observed paid holidays above and all full-time employees shall receive full pay provided they are employed and in a paid status on the first working day prior to and following the holiday.

When a recognized and observed holiday falls on a Saturday, the preceding Friday shall be deemed a holiday. When a holiday falls on a Sunday, the following Monday shall be deemed a holiday. When Christmas Eve falls on a Friday, the preceding Thursday shall be deemed a holiday. When Christmas day falls on a Monday, the following Tuesday shall be deemed a holiday. When Christmas falls on a Thursday, the following Friday shall be a holiday in lieu of Christmas Eve Day.

B. Holidays for Employees on work schedules other than Monday through Friday
Employees assigned to a seven-day operation departments or employees working a five-day work week other than Monday through Friday shall be allowed another day off within the same work week if a holiday falls on one of their regularly scheduled days off.

Employees whose holidays are changed because of shift rotations shall be allowed another day off if a legal holiday falls on one of their days off. Employees regularly scheduled to work on a holiday which falls on a Saturday or Sunday shall receive holiday compensation for the work on that Saturday or Sunday. Holiday compensation shall not be paid for work on any weekday preceding a Saturday holiday or on any weekday following a Sunday holiday.

C. Personal Convenience Holiday.

Each regular, full-time employee shall be eligible for two (2) Personal Convenience Holidays of eight (8) hours each. Each regular employee, Department Head, and fulltime unrepresented safety employee who has been continuously employed by the City for at least five (5) years will be granted three (3) additional Personal Convenience Holidays. Personal Convenience Holidays must be used prior to the end of the calendar year and will not accrue or carry over. They may be taken at the employee’s convenience, subject to the Department Head’s approval. These Holidays shall not incur additional expense to the City (e.g., causing another employee to work overtime).

Each of these Holidays must be taken as a full day.

D. Part-time Employees.

Agenda Item #9.6.

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Part-time employees who have been continuously employed by the City for at least twelve months will receive pay for the days designated as fixed holidays, in an amount determined by multiplying the employees’ Average Work Day by the employee’s hourly rate. If a part-time employee who is eligible for pay for holidays is required to work on a holiday, then in-lieu of paid time off the employee will receive additional pay equivalent to the employee’s Average Work Day or the actual number of hours worked, whichever is greater, but not to exceed eight (8) hours.

SEC. 9.2 VACATION
A. Unless otherwise required by an applicable MOU or employment agreement, full-time regular employees shall accrue vacation, on a daily basis, according to the following schedule:

Years of Service Vacation Accrual
0 – 4 years 10 days per year
5 years 15 days per year
6 years 16 days per year
7 years 17 days per year
8 years 18 days per year
9 years 19 days per year
10 years 20 days per year
The maximum rate at which vacation may be accrued by any employee is twenty (20) days per year.

B. Part-time Employees: On July 1 of each year, a part-time employee will be awarded vacation hours in an amount determined by multiplying the employee’s ”average work day” by ten, provided that:

1. In computing the “average work day,” no time worked prior to the employee’s first anniversary date shall be considered.

2. Administration of the use of vacation leave by part-time employees will be by the same rules as regular employees.

C. The City Manager may in their sole discretion, permit a Department Head to accrue vacation on a schedule other than as specified in Section 9.2.

The City Manager shall specify the applicable schedule in writing at the time of hire.

D. Employees may begin using accrued vacation after completing six (6) months of continuous employment with the City.

E. Employees may carry over up to 80 hours of unused accumulated vacation to the next fiscal year. This carryover amount shall be prorated for new hires.

Agenda Item #9.6.

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F. Employees may convert up to one-half (1/2) of their unused accumulated vacation days per fiscal year to compensation and shall be paid at the employee’s rate of pay at the time of the conversion.

G. At termination of employment for any reason, the City shall compensate the employee for the employee’s accumulated vacation time at the employee’s straight time rate of pay at the time of termination.

H. The City will not require an employee to take vacation time in lieu of sick leave or leave of absence during periods of illness. However, the employee may elect to take vacation time in case of extended illness constituting a "serious health condition" within the meaning of the City's Family Care and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy where sick leave has been fully used. If a holiday falls on a work day during an employee’s vacation period, that day shall be considered as a paid holiday and not vacation time.

I. Vacations may be scheduled at any time during the year upon written approval of the Department Head.

SEC. 9.3 SICK LEAVE
A. Definitions.

The definitions provided in this Section 9.3 apply only to the provisions in Section 9.3.

1. Immediate Family. Immediate Family means: (1) a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; (2) biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or of the employee’s spouse or registered domestic partner, or a person who stood in loco parentis to either the employee or the employee’s spouse or domestic partner as a minor; or (3) an employee’s spouse, registered domestic partner, grandparent, grandchild, or sibling, including half-siblings.

2. Permitted Use of Sick Time. Sick Time is not discretionary leave, and Permitted Use of Sick Time consists of any of the following:
(a) Diagnosis, care, or treatment of the existing health condition of an employee or a member of the employee’s immediate family; (b) Preventative care for an employee or a member of the employee’s immediate family;
(c) For employees who are victims of domestic violence, sexual assault, or stalking, leave taken for the purposes described in Sections 230(c) and 230.1(a) of the California Labor Code.

Agenda Item #9.6.

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(d) Extension of Bereavement Leave to which an employee is entitled under Section 9.4.

3. Full-Time Employees. For purposes of this policy a “Full-Time Employee” means any regular or probationary Full-Time Employee.

4. PTS Employees. For purposes of this policy a “PTS Employee” means any employee who is not a Full-Time employee, including, but not limited to, part-time, temporary, and seasonal employees.

5. Employees. For purposes of this policy the term “Employees,” without further modification, includes all City employees, regardless of status or hire date.

B. Eligibility.

All Employees are eligible to accrue and use paid sick leave in accordance with the applicable terms of this policy.

C. Waiting Period Prior to Use of Sick Leave by New Hires.

All New Hires must complete an initial, one-time ninety (90) calendar day waiting period before using sick leave. Employees who leave City employment before completion of the 90-day waiting period are not entitled to use any sick leave. However, New Hires who return to City employment within twelve (12) months of separation will have their sick leave balances restored and need only complete the remainder of the ninety (90) day period before becoming entitled to use available sick leave.

D. Accrual.

1. Full-Time Employees.

Full-Time Employees shall earn sick leave at the rate of eight (8) hours per month.

There shall be no limit on sick leave accrual.

2. PTS Employees.
(a) PTS Employees will receive a bank of twenty-four (24) hours of sick leave on the first day of the next month following their first date of employment, whichever is later. New Hires must satisfy the waiting period before using any time from the sick leave bank. (b) The City will provide an additional bank of twenty-four (24) hours of sick leave on January 1 of each subsequent calendar year to each PTS employee.
(c) PTS Employees shall accrue no additional sick leave beyond the twenty-four (24) hour bank and shall have no right to carry over banked hours from year to year.

Agenda Item #9.6.

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E. Notice.

1. Unscheduled Time Off.

An Employee shall contact their immediate supervisor at least two hours prior to the commencement of the assigned work shift, or as soon thereafter as is practical, to report absence from work due to a Permitted Use of Sick Time. Consideration shall be given to emergency situations that restrict the employee from contacting their immediate supervisor prior to their assigned work shift, including, but not limited to accident, injury, or hospitalization.

An employee shall notify their immediate supervisor before the employee leaves the work site prior to completion of the work shift due to any unscheduled Permitted Use of Sick Time; however, the employee need not provide the reason that sick time is needed to the immediate supervisor.

2. Scheduled Time Off.

Notice of time off for scheduled appointments involving a Permitted Use of Sick Time, such as personal medical appointments, must be provided to the Department Head or Human Resources, at least one week in advance of the appointment, whenever feasible. Every effort should be made to schedule such appointments at times that do not conflict with the City's work schedule.

The employee shall again notify their immediate supervisor before the employee leaves the work site prior to completion of the work shift due to the scheduled Permitted Use of Sick Time.

F. Medical Certification or Other Documentation.

Employees off work on sick leave for a period of more than three (3) consecutive work days, or whose usage indicates potential abuse of sick leave, may be required at any time to provide a doctor’s note or other relevant documentation certifying that the reason for the employee’s absence is a Permitted Use of Sick Time, and if the employee is unable to return to work, stating how long the employee is expected to be unable to do so.

G. Return to Work.

For any absence of seven (7) or more consecutive work days due to an employee’s own illness or injury, the supervisor may require that the employee provide a note from their physician, releasing the employee with or without restrictions, before the employee may return to work.

H. Reinstatement of Unused Sick Leave Balances.

An Employee who separates from employment with the City and returns to active employment within twelve (12) months of their separation date shall have their unused sick leave balance reinstated, up to a maximum of twenty-four (24) hours. For purposes Agenda Item #9.6.

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of this provision, unused sick leave is leave that was accrued, but never taken by the Employee, and that was not converted to Personal Leave.

I. Retention and Inspection of Records Pertaining to Sick Leave.

The City shall keep records documenting the hours worked and paid sick leave accrued and used by an employee for three (3) years. Upon reasonable request, and within twenty-one (21) calendar days after the request, the City shall afford current and former employees the right to inspect or copy records pertaining to their hours worked and paid sick days accrued and used.

J. Abuse of Sick Leave.

Employees who do not comply with this policy, including providing insufficient notice of sick leave or using sick leave for reasons other than for a Permitted Use of Sick Time, are committing abuse of sick leave, which is grounds for discipline, up to and including termination.

The City reserves the right to take reasonable steps to determine whether an employee is abusing sick leave, including, but not limited to, attempting in-person or electronic communication with an employee using sick leave, identifying and tracking consistent patterns of sick leave use, such as in connection with weekends, holidays, and scheduled days off, and considering social media content or other relevant evidence that is either publicly available or shared voluntarily by other employees or interested individuals.

SEC. 9.4 BEREAVEMENT LEAVE
A. Employees are entitled to paid bereavement leave in the event of death in their immediate family. Bereavement leave is a separate benefit from other paid leaves; however, sick leave may be used to supplement the periods provided in this section.

B. Employees may be granted up to five (5) working days of paid bereavement leave or five (5) working days if the death occurs out of State, per immediate family member.

C. For purposes of this Section 9.4, "immediate family" shall have the same definition as in Section 9.3.

SEC. 9.5 MILITARY LEAVE
Military leave shall be granted in accordance with state and federal law (i.e. the California Military and Veteran’s Code and the Federal Uniformed Services Employment and Reemployment Rights Act.) An employee entitled to military leave shall give the Administrative Services Director an opportunity within the limits of military regulations to determine when such leave shall be taken. Prior to taking military leave, an employee, when possible, shall present a copy of their military orders to the Human Resources Agenda Item #9.6.

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Department. In addition, leave for military exigency or military caregiver shall be granted in accordance with the Family and Medical Leave Act.

SEC. 9.6 JURY DUTY
This policy shall apply to all regular and probationary employees in all classifications.

An employee summoned for jury duty will immediately notify Human Resources. While serving on a jury, an employee will be given a leave of absence, with pay, for the duration of said jury duty. Said leave of absence with pay is conditional upon the employee returning to work upon their dismissal each day to complete their normal work day. It is also conditional upon the employee’s conveyance to the City of any compensation received as a juror, not including any travel allowance received.

SEC. 9.7 VOTING LEAVE
In accordance with California Election Code sections 14000 and 14001, if a registered voter does not have sufficient time outside normal working hours within which to vote at general direct primary or presidential elections, the employee may take off such working time as will enable them to vote. The scheduling of the time referenced above shall be subject to the approval of the employee’s supervisor and shall normally be at the beginning or end of a work shift. A maximum of two (2) hours may be taken with pay.

The employee must provide two (2) days of advance notice of the need for voting leave.

SEC. 9.8 ELECTION OFFICIAL LEAVE
Employees serving as an election official shall be permitted leave in order to so serve.

Such leave is unpaid, but, at their option, employees may request to use vacation leave to serve as an election official. An employee taking leave to serve as an election official is required to give their Department Head at least ten (10) days of advance notice before the date of the election in which the employee is to serve as an election official.

Employees serving as an election official are required to provide their Department Head with proof of service prior to taking leave.

SEC. 9.9 LACTATION BREAKS
A. In accordance with California and federal law, the City will provide an employee with reasonable unpaid time off and an appropriate area for the purpose of the employee expressing breast milk for the employee’s infant child.

B. An "appropriate area" is a place other than a bathroom that is in close proximity to the employee's work area and that is shielded from view and free from intrusion by other employees and the public. The City will consider input from the affected employee but retains sole discretion in identifying an "appropriate area" on a case-by-case basis.

Agenda Item #9.6.

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SEC. 9.10 UNPAID LEAVES OF ABSENCE
A. The City Manager, in their discretion, may grant an employee leave of absence without pay for up to three (3) months. Unpaid leave of absence may be granted by the City Manager for the following grounds: (1) for personal reasons which are acceptable to the City Manager; (2) for reason of illness in the event sick leave has been exhausted; (3) in conjunction with pregnancy-related leave; or (4) to pursue a course of education which will increase the employee’s capability in holding the City position. The City Manager may require sufficient documentation establishing the employee's need for leave.

B. After the initial three (3) months of leave of absence without pay, the City Manager may, in their discretion, extend the leave for up to nine (9) additional months in a maximum of three (3) month increments. However, unless otherwise required by law, in no circumstances shall the total amount of unpaid leave be longer than twelve (12) months.

C. Exhaustion of Paid Leaves.

1. Non-medical Leave of Absence without Pay. An employee requesting leave under this section for nonmedical reasons is required to fully exhaust all of their paid leaves, except sick leave, in order to be eligible to receive a leave of absence without pay.

2. Medical Leave of Absence without Pay. An employee requesting leave under this section for medical reasons is required to fully exhaust all of their paid leaves, including sick leave, in order to be eligible to receive a leave of absence without pay.

D. Accrual of Benefits.

1. Leave of absence without pay shall not be construed as a break in service or employment, and rights accrued at the time leave is granted shall be retained by the employee; however, vacation credits, sick leave credits, increases in salary, and other similar benefits shall not accrue to a person granted such leave during the unpaid period of absence.

2. Unless the employee notifies the City Manager at the time of the request for leave without pay that they elect to pay the premiums for continuation of Health, Dental, and other insurance benefits, those benefits will be terminated beginning from the calendar month following the start of the unpaid leave. If that election is made and the leave request is granted, it is the responsibility of the employee to submit payment to the City such that it is received prior to the City processing payment to the insurance carrier. The City will not make a premium payment in anticipation of receipt of the payment from the employee.

Agenda Item #9.6.

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3. Retirement benefits shall be adjusted for leave without pay in accordance with the Public Employees’ Retirement System (PERS) regulations.

4. An employee returning after leave of absence without pay shall receive the same step in the salary range, they received when they began their leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range, and the employee's salary anniversary date shall be set forward by an amount equal to the days of unpaid leave taken by the employee.

E. Failure to Return from Leave. If an employee takes any action during their leave that is inconsistent with an intention to return to employment with the City, such as accepting full-time employment with another employer, the employee will be considered to have voluntarily terminated their employment. Failure of the employee to return to their employment upon the termination of any authorized leave of absence shall constitute an automatic termination from City service of that employee— unless such leave is extended.

SEC. 9.11 UNAUTHORIZED LEAVES OF ABSENCE AND FAILURE TO

RETURN FROM LEAVE
A. An employee may be considered to have voluntarily resigned from their employment with the City under any of the following circumstances:

1. Absence from their job for more than five (5) consecutive working days without compliance with applicable notice requirements under these Rules;

2. Any action taken during a leave of absence from the City that is inconsistent with an intention to return to employment with the City, such as accepting full-time employment with another employer;

3. Failure to return to employment following the expiration of an authorized leave of absence—unless the City permits extension of the leave.

B. The City shall provide written notice to employees who are considered to have voluntarily resigned. The notice shall describe the facts on which the voluntary resignation is based and the right to petition the Administrative Services Director for reconsideration.

C. Any unauthorized absence may be cause for Disciplinary Action.

SEC. 9.12 EXECUTIVE LEAVE
A. Each FLSA-exempt, unrepresented employee who has completed one year of City service shall receive forty (40) hours of executive leave per Agenda Item #9.6.

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calendar year, which may be used by the end of the calendar year. During their first year as a City employee, FLSA-exempt, unrepresented employees shall obtain a pro rata amount of executive leave commensurate with the time remaining in the calendar year. Executive leave may be not be carried forward from year to year. There is no cash value to Executive Leave and FLSA-exempt, unrepresented employees shall not receive compensation for any unused Executive Leave hours at the time of separation from City employment.

B. Additionally, at-will executive staff may receive up to another five (5) days Executive Leave annually at the discretion of the City Manager provided on July 1st of each year, and all hours not taken by December 31st of the same year will be lost unless an extension of time is granted by the City Manager.

C. Newly hired employees shall have Executive Leave awarded to them in the following pro-rated manner:

If the employee is hired from:

January – March 40 hours awarded on the date of hire
April – June 30 hours awarded on the date of hire
July – September 20 hours awarded on the date of hire, 40 hours additional at-will
October -- December 10 hours awarded on the date of hire, 20 hours additional at-will
SEC. 9.13 VICTIM LEAVE
Victims of domestic violence and/or sexual assault shall be permitted unpaid leave in accordance with Labor Code sections 230(c) and 230.1. Victims of a violent or serious felony or a felony involving theft or embezzlement shall be permitted unpaid leave in accordance with Labor Code section 230.2.

SEC. 9.14 SCHOOL VISITATION LEAVE
Employees shall be permitted to take unpaid leave (under Section 9.11) or any accrued, but unused vacation hours, for child-related activities, in accordance with Labor Code Sections 230.7 and 230.8. Employees are required to submit written leave request and written approval from Department Head or City Manager, at least three (3) days before the start of the leave.

SEC. 9.15 FITNESS FOR DUTY LEAVE.

A. Purpose/Policy. Employees are expected to report to work fit for duty, which means able to perform their job duties in a safe, appropriate, and effective manner, free from adverse effects of physical, mental, emotional, and/or personal problems. This Rule is intended to provide a safe Agenda Item #9.6.

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environment and protect the health and welfare of employees and the public. If an employee feels that they are not fit to perform their duties, the employee must notify thei supervisor immediately.

B. Reasons for Fitness for Duty Leave. A fitness for duty examination may be ordered in any of the following situations:

1. An employee returns from a medical leave of absence of more than seven (7) working days.

2. An employee is involved in the interactive process with the City.

3. Supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, employee’s own self-report of potential unfitness, dexterity, coordination, alertness, speech, vision acuity, concentration, response to criticism, interactions with the public, co-workers, and supervisors.

4. Fitness for duty examinations based on a reasonable suspicion that an employee is under the influence of illegal drugs or alcohol shall be conducted in accordance with the City’s Drug-Free Workplace Policy.

C. Procedures for Ordering a Fitness for Duty Examination. When a supervisor becomes aware of or observes behavior that makes them reasonably suspect that the employee may not be fit for duty, the supervisor shall refer the employee to the City Manager who will determine whether a fitness for duty examination is necessary and should be scheduled. If the circumstances warrant it, the City Manager may place the employee on a paid or unpaid leave pending the results of the employee’s fitness for duty examination. The examination shall be paid for by the City.

D. Procedure Following Receipt of Examination Results. The doctor examining the employee shall be limited to finding the employee “fit for duty” or “unfit for duty.” In no case shall the doctor reveal the underlying cause of any unfitness for duty without the employee’s permission.

E. Fit for Duty. If the doctor finds the employee is fit for duty, the employee shall return to work immediately and perform all duties of their position.

F. Unfit for Duty. If the employee is found to be unfit for duty, the employee shall not be permitted to work and may utilize accrued paid leave (e.g. sick leave, vacation, etc) while off duty . The employee may request a leave of absence in accordance with the appropriate subsection of this Policy, and, where appropriate, the City shall engage in the interactive process to evaluate the employee’s workplace needs or restrictions. The City shall Agenda Item #9.6.

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then evaluate those needs or restrictions and determine whether they can be reasonably accommodated.

RULE 10. FAMILY CARE AND MEDICAL LEAVE, PREGNANCY DISABILITY

LEAVE, AND MILITARY FAMILY LEAVE POLICY
SEC. 10.1 POLICY
A. The City will provide family and medical care leave for eligible employees as required by state and federal Law. The leaves provided for in this Policy are granted under a variety of state and federal laws. Employees should be aware that leave under one Section of the Policy may also qualify for leave under another Section and will run concurrently. For example, military caregiver leave is provided for under the FMLA, but in certain circumstances, might also qualify for CFRA leave. In situations where similar state and federal leave programs do not both apply (e.g. an eligible employee is entitled to take CFRA leave to care for a registered domestic partner, but FMLA leave does not include registered domestic partners), the City will advise affected employees in writing which of their statutorily-protected leaves are being used and how much of that leave remains.

B. Additional definitions and other provisions governing employees' rights and obligations under the FMLA, CFRA, and PDL that are not specifically set forth below are set forth in the Department of Labor's FMLA regulations (29 C.F.R. § 825.00 et seq.) and the California Department of Fair Employment and Housing’s CFRA regulations (2 C.C.R. § 11087 et seq.) and PDL regulations (2 C.C.R. § 11035 et seq.) This Policy is deemed to include and be governed by such statutory and regulatory provisions, including subsequent revisions, except where expressly contradicted by more generous terms of this Policy.

SEC. 10.2 FAMILY CARE AND MEDICAL LEAVE (FMLA/CFRA LEAVE) A. Eligibility. To be eligible for FMLA/CFRA leave, an employee must have:

1. Been employed by the City for at least twelve (12) months prior to the date on which the FMLA/CFRA leave is to commence,
measured as of the date the leave is to start;

2. Have worked at least 1,250 hours over the twelve(12) month period preceding the FMLA/CFRA leave, measured as of the date the leave is to start; and

3. For employees performing covered military service under the federal Uniformed Service Employment and Reemployment Rights Act, periods of absence due to such service shall be counted for Agenda Item #9.6.

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purposes of determining whether the employee meets these eligibility requirements.

B. Qualifying Reasons for FMLA/CFRA Leave. Employees meeting the eligibility requirements under Section 10.2 may take FMLA/CFRA leave for any of the following qualifying reasons:

1. The birth of a child of the employee and in order to care for such child.

2. The placement of a child with the employee for adoption or foster care of the child by the employee and in order to care for that child.

3. Providing care for a qualifying family member with serious health condition:
(a) Under FMLA, a spouse, child, or parent with a serious health condition, and
(b) in addition to those persons listed in (a), CFRA-qualifying family members include registered domestic partners,
grandparents, grandchildren, and siblings.

4. The employee's own serious health condition.

The FMLA and CFRA also provide for certain military exigency leave and military caregiver leave. The PDL also provides for leave for employees with a serious health condition is on account of her pregnancy, childbirth, or related medical conditions.

C. Child.

1. Under CFRA, leave may be taken by an employee for a "child" who is, regardless of age, a biological child, adopted, or foster child, a stepchild, a legal ward of the employee, a child of a domestic partner, or a person to whom the employee stands in loco parentis.

2. Under FMLA, only biological, adopted, foster, or step children, legal wards, or persons for whom the employee stands in loco parentis) qualify, and only if they are (1) under 18, or (2) are over 18 and incapable of caring for themselves due to a physical or mental disability.

D. In loco parentis.

1. For purposes of this Policy an employee stands in loco parentis by providing day-to-day care or financial support with demonstrated intent of assuming the responsibilities typically held by a parent.

2. Whether an employee stands in loco parentis to a child for purposes of this Policy will be determined by the City on a case-by-case basis, Agenda Item #9.6.

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and the City may require reasonable documentation to support an employee's claim of providing either day-to-day care or financial support for the child.

E. Serious Health Condition. A serious health condition is an illness, injury, impairment, or physical or mental condition of the employee or a child, parent, spouse, or registered domestic partner of the employee that makes the employee unable to work or unable to perform one or more of the essential functions of the employee's position, and which involves either inpatient care or continuing treatment or supervision by a health care provider, as follows:
(a) “Inpatient care” means an overnight stay in a hospital, hospice, or residential medical care facility, or any subsequent treatment in connection with such inpatient care, or any resulting period of incapacity. A person is considered to have an “overnight stay” for purposes of this provision if a health care facility formally admits him/her to the facility with the expectation that the employee will remain at least overnight and occupy a bed, even if it later develops that such person can be discharged or transferred to another facility and does not actually remain overnight. (b) “Continuing treatment or supervision by a health care provider” means and includes any one or more of the following:
(a) In-person treatment two or more times, within thirty (30) days of the first day of incapacity, unless
extenuating circumstances exist, by a health care
provider, by a nurse under direct supervision of a
health care provider, or by a provider of health care
services (e.g. physical therapist) under orders of, or
on referral by, a health care provider, with the first visit being within seven (7) days of the first day of
incapacity; or
(b) In-person treatment by a health care provider on at least one (1) occasion, which results in a regimen of
continuing treatment under the supervision of the
health care provider, with the first visit being within seven (7) days of the first day of incapacity.
(c) Any period of incapacity due to pregnancy, or for
prenatal care, whether or not in-person treatment is
received during that time, or whether the resulting
absence lasts fewer than three (3) days.
(d) Any period of incapacity, or treatment for such
incapacity, due to a chronic serious health condition,
whether or not in-person treatment is received during
Agenda Item #9.6.

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that time, or whether the resulting absence lasts fewer than three (3) days. A chronic serious health condition is one which:
(i) Requires periodic visits (defined as at least
twice a year) for treatment by a health care
provider, or by a nurse under direct supervision
of a health care provider;
(ii) Continues over an extended period of time
(including recurring episodes of a single
underlying condition); and
(iii) May cause episodic rather than a continuing
period of incapacity (e.g., asthma, diabetes,
epilepsy, etc.).
(e) A period of incapacity which is permanent or long-term due to a condition for which treatment may not be
effective. The employee or family member must be
under the continuing supervision of, but need not be
receiving active treatment by, a health care provider.

Examples include Alzheimer's, a severe stroke, or the
terminal stages of a disease.
(f) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a
health care provider or by a provider of health care
services under orders of, or on referral by, a health
care provider, for either:
(i) Restorative surgery after an accident or other
injury; or
(ii) A condition that would likely result in a period
of incapacity of more than three (3)
consecutive, full calendar days in the absence
of medical intervention or treatment, such as
cancer (chemotherapy, radiation, etc.), severe
arthritis (physical therapy), or kidney disease
(dialysis).
(g) “Incapacity” means that a person is unable to work, attend school, or perform regular daily activities due to a serious health condition, its treatment, or the
recovery that it requires.

F. Amount of Leave Entitlement. Provided that all applicable conditions of Section 10.2.A are met, an employee may take a maximum of twelve (12) Agenda Item #9.6.

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workweeks of FMLA/CFRA leave in a rolling twelve (12) month period measured backwards from the date the employee uses any FMLA/CFRA leave.

1. Employees taking FMLA/CFRA leave for the birth, adoption, or foster care of their child must initiate and complete any FMLA/CFRA leave within one (1) year of the birth of the child or placement of the child with the employee for adoption or foster care.

2. An employee’s FMLA/CFRA leave does not need to be consecutive, but can be cumulative within a twelve (12) month period.

3. Industrial injury leaves and all non-industrial injury leaves are FMLA/CFRA leaves if they qualify as serious health conditions.

G. Concurrent Use of Accrued Paid Leaves.

1. Leave taken under this Policy is unpaid.

Employees may elect or may be required to use their accrued leave balances concurrently with FMLA/CFRA leave, as provided below. When an employee elects or is required to use their accrued leave balances, the employee may specify in writing the order in which the employee would prefer to exhaust their leave balances. If the employee fails to designate the order of exhaustion, the City will exhaust the leave balances in the following order: sick leave, compensatory time off, floating holiday, vacation. The paid leave shall run concurrently with the FMLA/CFRA leave, and shall not extend the employee’s entitlement to FMLA/CFRA leave beyond twelve (12) workweeks.

2. Sick leave.

Employees are required to run all accumulated sick leave concurrently when FMLA/CFRA leave is taken for the employee’s own serious health condition. Employees may elect to so coordinate their accumulated sick leave when FMLA/CFRA leave is taken for any other reason.

3. Other paid leaves.

Employees are required to coordinate all other accrued paid leaves of absence, including but not limited to, compensatory time off, vacation, and holiday leave, when taking FMLA/CFRA leave for any reason.

4. Coordination with Wage Replacement Plans.

If an employee who is on FMLA/CFRA leave is also receiving a wage replacement payment from State Disability Insurance, Paid Family Leave, Short-Term Disability Programs, Long-Term Disability Programs, and/or Workers’ Compensation, the employee and the City may mutually agree to coordinate the employee’s accrued paid leaves with the amount received from the wage replacement plan, up to an amount equal to the employee’s regular salary.

Agenda Item #9.6.

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H. Intermittent or Reduced Schedule Leave.

1. An As-needed Basis.

Intermittent FMLA/CFRA leave is leave taken on an as-needed basis in increments of minutes, hours, or days. A reduced schedule FMLA/CFRA leave involves a reduction in the number of hours per day or per week that an employee regularly works, with the employee substituting FMLA/CFRA time substitute for hours not worked. The minimum FMLA/CFRA leave increment that can be taken by an employee is fifteen (15) minutes.

2. Calculation of Intermittent or Reduced Schedule Leave.

The maximum equivalent number of hours to which an employee is entitled during the twelve (12) week period will be based on the employee's regularly scheduled workweek.

For example, an employee who is regularly scheduled to work forty (40) hours per workweek will be entitled to a maximum of 480 hours of FMLA/CFRA leave, whereas, an employee who is regularly scheduled to work thirty-two (32) hours per workweek will be entitled to a maximum of 384 hours of FMLA/CFRA leave. In calculating this amount for employees with a varying schedule, the City will use an average of the employee's workweeks within the twelve (12) month period immediately preceding the intermittent or reduced schedule leave.

3. Impact on Salary.

Where permitted by applicable state and federal wage and hour laws, the City may make deductions from an employee’s salary for all hours of leave taken as intermittent leave, unless the employee is entitled or required to coordinate paid leave.

4. Inclusion of Scheduled Overtime.

If an employee normally would be required to work overtime hours, but is unable to do so because of an FMLA/CFRA-qualifying reason that limits the employee’s ability to work overtime, the hours that the employee would have been required to work may be counted against the employee’s FMLA/CFRA entitlement, as the employee would be considered to be using intermittent or reduced schedule leave. For example, if an employee is normally required to work fifty (50) hours in a particular workweek, but because of an FMLA/CFRA-qualifying reason, the employee works only forty (40) hours that week, the employee would use ten (10) hours of FMLA/CFRA-protected leave out of the fifty (50) hour workweek.

5. Conditions for Taking Intermittent or Reduced Schedule Leave (a) FMLA/CFRA leave taken for the employee’s own serious health condition, or the serious health condition of the employee’s spouse, registered domestic partner, parent, or child, or for military caregiver leave, may be taken intermittently or on a reduced leave schedule when medically necessary (as distinguished from voluntary treatments and procedures).

Agenda Item #9.6.

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(b) Military exigency leave may be taken on an intermittent or reduced schedule basis without limitation.
(c) Leave taken following the birth, adoption, or placement or foster care of a child may be taken on an intermittent or reduced schedule basis.

I. Temporary Transfer.

1. Required by the City.

The City may require that the employee temporarily transfer to an available alternative position for which the employee is qualified, and which provides equivalent pay and benefits and that better accommodates recurring leave periods than the employee’s regular position.

2. Requested by Employee.

An employee on intermittent or reduced schedule FMLA/CFRA leave for foreseeable and planned medical treatments may request a transfer to an open and available position for which the employee is qualified, if the duties of that position would better accommodate the employee’s intermittent or reduced schedule FMLA/CFRA leave.

Transfers will not be considered under this Section when the intermittent or reduced schedule FMLA/CFRA leave is unscheduled, such as in the case of chronic conditions.

J. Leave Taken for Baby Bonding. The basic minimum duration of a leave taken for the birth, adoption, or foster care of a child shall be two (2) weeks. However, the City will also grant two (2) requests for shorter leave periods in the applicable one (1) year period.

K. Employee Notice. Employees requesting leave under the FMLA/CFRA must notify their supervisor in accordance with the rules set forth below.

Employees must provide the supervisor with sufficient information to make the City aware that the employee needs FMLA/CFRA leave, and the anticipated timing and duration of that leave. Supervisors must forward any such requests to Human Resources for review and approval.

1. Foreseeable Events.

An employee must provide the City with at least thirty (30) days advance notice before the date the leave is to begin, or must provide notice as soon as is practicable, normally the same business day or next business day if the employee is off work when the employee learns of the need for leave. If the employee provides less than thirty (30) days advance notice, the City may require explanation of why thirty (30) days advance notice was not practicable.
(a) In any case in which the need for FMLA/CFRA leave is foreseeable based on one of the circumstances listed below in subsection b., the employee shall make a reasonable effort to schedule Agenda Item #9.6.

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any planned medical treatment or supervision so as not to unduly disrupt the operations of the City. However, any such scheduling shall be subject to the approval of the health care provider of the employer or the employee's child, parent, spouse, or registered domestic partner (CFRA only).
(b) The need for leave is considered “foreseeable” when it is taken for any of the following reasons:
(a) Planned medical treatment for a serious health
condition of the employee.
(b) Planned medical treatment for a serious health
condition of a family member.
(c) An expected birth, placement for adoption, or foster care.
(c) If an employee fails to provide the requisite thirty (30) day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to delay the taking of the leave by up to thirty (30) days after the date the employee provides notice of the need for FMLA/CFRA leave.

2. Unforeseeable Events.

If an employee requires FMLA/CFRA leave for an unforeseeable event, the employee is required to provide notice to the City as soon as is practicable.

3. Notice of Intermittent/Reduced Schedule Leave.

The notice requirements for foreseeable intermittent or reduced schedule leaves shall be the same as for other foreseeable leaves, and the notice requirements for unforeseeable intermittent or reduced schedule leave shall be the same as for other unforeseeable leaves.

4. Contents of Notice.

All requests for FMLA/CFRA leave should include the anticipated date(s) and duration of the leave and be sufficient to make the City aware that the employee needs leave under the FMLA/CFRA. The employee must state the reason the leave is needed.

When the employee provides notice, it may not contain sufficient information for the City to determine whether the employee’s leave could be for an FMLA/CFRA-qualifying purpose. In such cases, the City may follow up with the employee for additional information, and the employee is required to respond to the same. However, the employee shall not be required to provide the City with a diagnosis.

5. Changes to Dates of Leave.

Agenda Item #9.6.

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The employee must advise the City as soon as practicable when the employee learns that the dates of the FMLA/CFRA leave may change.

6. Requests for Extension.

Any requests for extensions of an FMLA/CFRA leave must be received at least five (5) working days before the date on which the employee was originally scheduled to return to work, where practicable, and must include the revised anticipated date(s) and duration of the FMLA/CFRA leave. If the employee has exhausted their leave entitlement, the City will evaluate on a case-by-case basis whether additional leave may be available as a reasonable accommodation for the employee's own serious health condition.

L. City Response to a Request for FMLA/CFRA Leave or Request for Extension - Eligibility Notice.

Within five (5) working days of an employee’s request to take FMLA/CFRA leave, the City shall provide the employee with a written Eligibility Notice. The Eligibility Notice is not a designation of the employee being on FMLA/CFRA Leave. The Eligibility Notice shall include the following information:

1. Whether the employee is eligible to take FMLA/CFRA leave. If the employee is ineligible for FMLA/CFRA leave, the notice will include the reason(s) why the employee is ineligible.

2. Whether the employee has exhausted their twelve (12) week FMLA/CFRA entitlement.

3. Whether additional information, such as a medical certification, is required from the employee in order to process the employee’s request for FMLA/CFRA leave or request for extension.

4. The employee’s rights and responsibilities under the FMLA/CFRA will include a statement of whether the employee is required to provide a medical certification or recertification. A statement requiring a medical certification will also advise the employee of the anticipated consequences of their failure to provide adequate notice.

5. If the employee has requested an extension of leave for their own serious health condition but has exhausted their leave entitlement, the City will advise whether additional leave will be granted as a reasonable accommodation.

M. Medical Certification and Recertification.

Any request for FMLA/CFRA leave for an employee’s own serious health care condition or for FMLA/CFRA leave to care for a family member with a serious health condition must be supported by medical certification from the treating health care provider.

Employees are encouraged to use the City's medical certification form to ensure that all Agenda Item #9.6.

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pertinent information is obtained. Any request for an extension of FMLA/CFRA leave also must be supported by a medical certification from the treating health care provider.

Again, employees are encouraged to use the City's medical certification to ensure that all pertinent information is obtained.

1. Timing of Request for Medical Certification.

The City will request medical certification:
(a) Within five (5) business days after an employee requests foreseeable leave;
(b) Within five (5) business days after an employee provides notice of an unforeseeable leave, or within five (5) business days after an unforeseeable leave commences, whichever is later; (c) On a later date — if the City has a reason to question the appropriateness or duration of an employee’s leave (FMLA only).

2. Timing for Employee’s Return of the Medical Certification.

All medical certifications and re-certifications must be returned to the City within fifteen (15) days from the City request, regardless of whether the leave is foreseeable or unforeseeable. Exceptions to this may be granted when it is not practicable to provide the certification or recertification within fifteen (15) days, despite the employee’s diligent, good faith efforts to do so.

3. Certification for Serious Health Condition of Spouse, Registered Domestic Partner, Parent, or Child.

The employee must have the patient’s treating health care physician complete a medical certification form when requesting family leave to care for a family member with a serious health condition. Employees are encouraged to use the City's medical certification form to ensure that all pertinent information is obtained. (a) Medical Recertification. If the employee requests additional leave beyond the time period which the health care provider originally estimated that the employee needed to take care of the employee’s child, parent, spouse, or registered domestic partner, the City may request a recertification from the employee.

4. Certification for the Employee’s Own Serious Health Condition. (a) First Opinion. The employee must have their health care physician complete a medical certification form when requesting FMLA/CFRA leave for their own serious health condition.

Employees are encouraged to use the City's medical certification form to ensure that all pertinent information is obtained.

Agenda Item #9.6.

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(b) Second and Third Opinions. If the City has reason to doubt the validity of the certification provided by the employee, the City may require the employee to obtain a second opinion from a doctor of the City’s choosing at the City’s expense. If the employee’s health care provider and the doctor providing the second opinion do not agree, the City may require a third opinion, also at the City’s expense, performed by a mutually agreeable doctor who will make a final determination that shall be binding on both the City and the employee.
(c) Medical Recertification. The City may request recertification of a medical condition upon the expiration of the time period which the health care provider originally estimated, if additional FMLA/CFRA leave is requested.

5. Certification for an Employee’s Return to Work.
(a) Returning from a Continuous Leave. As a condition of restoration to their former position, an employee taking continuous leave under the FMLA/CFRA is required to provide the City with certification from their health care provider stating that the employee is able to resume their essential work functions. An employee who fails to provide the certification may have their reinstatement delayed.
(b) Returning from an Intermittent or Reduced Schedule Leave.

If the employee is on intermittent or reduced schedule leave, the City may require a fitness for duty certification at fixed intervals not exceeding every thirty (30) days if there are reasonable safety concerns. “Reasonable safety concerns” means a reasonable belief of significant risk of harm to the employee or others. (c) Contents of Certification. The City will provide the employee with a form and a copy of the employee’s job description for their health care provider to review in completing the fitness for duty certification, and employees are encouraged to use the City’s form to ensure that all pertinent information is obtained. The employee must provide a complete and sufficient fitness for duty certification.

If the employee’s health care provider releases the employee back to work with restrictions, the City will engage in the interactive process to determine what reasonable accommodation, if any, will permit the employee to return to work in accordance with the ADA and the FEHA.

6. Employee’s Failure to Provide a Medical Certification or Recertification. If the employee fails to timely provide a complete and sufficient medical certification when requested, the request for FMLA/CFRA leave may be denied or delayed until a sufficient certification is provided. Employees will be advised of these Agenda Item #9.6.

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consequences in connection with any request by the City for medical certification or recertification.

N. City’s Designation of Leave. Absent extenuating circumstances, within five (5) working days after the City has acquired enough information to determine whether the employee’s request qualifies for FMLA/CFRA leave, the City will provide the employee with a written Designation Notice.

1. Designating Leave as FMLA/CFRA-Qualifying. If the leave is designated as being FMLA/CFRA-qualifying, the Designation Notice will contain, but is not limited to, the following information:
(a) A statement that the leave is being designated as FMLA and/or CFRA leave;
(b) The amount of leave being counted as FMLA and/or CFRA leave, if known;
(c) Whether accrued paid leave will be used during the leave, and that any paid leave used will count as FMLA/CFRA leave; (d) Whether a medical certification will be required to release the employee to return to work; and
(e) Whether a job description or description of essential duties is attached to the Designation Notice for the health care provider to use in completing the medical certification to release the employee to return to work.

2. Unable to Designate. If the City is unable to determine whether the leave requested is FMLA/CFRA-qualifying because more
information is needed, the employee will be informed that the medical certification is incomplete or insufficient, and the City will provide a list of deficiencies and explain the employee’s opportunity to cure said deficiencies; or a second or third medical opinion is being required.

3. Not Designating Leave as FMLA/CFRA-Qualifying. If the City has determined that the employee’s leave does not qualify as FMLA/CFRA leave, the City will notify the employee in writing that their leave is not being designated as FMLA/CFRA leave, and the reason for the denial.

O. Employment Benefits and Protection.

1. Previously Accrued Benefits and Seniority Status.
(a) Leave under the FMLA/CFRA will not result in the loss of any employment benefits accrued before the date the leave commenced.

Agenda Item #9.6.

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(b) Leave under the CFRA will not constitute a break in service or otherwise cause the employee to lose longevity or seniority, even if other paid or unpaid leave constitutes a break in service for purposes of establishing longevity or seniority, layoff, recall, promotion, job assignment, or seniority-related benefits.

2. No Accrual of Leave or Seniority during Unpaid FMLA/CFRA Leave. (a) An employee on unpaid FMLA/CFRA leave shall not accrue any additional paid leave time. Thus, employees will not accrue vacation leave, sick leave, administrative leave, nor will they be paid for holidays during the unpaid leave.
(b) The time off on unpaid FMLA/CFRA leave shall not count as time worked for purposes of establishing additional seniority for purposes of layoff, recall, promotion, job assignment, and other seniority-related benefits. However, during the time that an employee supplements their unpaid FMLA/CFRA leave with paid leave, the employee will continue to accrue leaves and benefits in accordance with the provisions of the City’s policy governing those leaves of absence (i.e., when coordinating with sick leave, the rules governing sick leave will apply with regard to the employee’s benefits).

3. Maintenance of Health Insurance of the Employee.
(a) Employees will continue to receive the same medical benefits while on FMLA/CFRA leave for up to twelve (12) workweeks in a twelve (12) month period. The City shall be responsible for the continued payment of the City’s share of the cost of the employee’s health benefits during that twelve (12) workweek period. Benefits for absences beyond the allotted period will be handled in the same manner as benefits for employees on any other type of unpaid leave of absence.
(b) An employee who notifies the City that they do not intend to return to work from the FMLA/CFRA leave is not entitled to medical benefits provided by the City as if the employee were on a FMLA/CFRA leave and instead is entitled to the benefits provided to employees who are on an unpaid leave of absence for any other reason.

4. Maintenance of Benefits Requiring Employee Contributions. (a) During any period of unpaid leave, unless otherwise prohibited by applicable law, an employee may elect to discontinue health insurance coverage for the employee, a spouse, registered domestic partner, and/or any dependent(s) as well as any other benefits offered or sponsored by the City to which the employee is Agenda Item #9.6.

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required to make monthly contributions. Employees must notify the City in writing of such an election.
(b) An employee will continue to be responsible for making the payment of monthly contributions for which the City has not received advanced notice of election to discontinue. If any premium amounts are increased or decreased for other employees similarly situated, the employee will be required to pay the new premium rates.
(c) All monthly contributions are due and payable to the City at the same time as they would be if made through payroll deduction. (d) If any monthly contributions are not received within thirty (30) days of their due date, the City has the option to either discontinue said benefit(s) or continue said benefit(s) by making the monthly contributions on the employee’s behalf.
(e) Upon the employee’s return to work, the City is entitled to seek reimbursement from the employee for the employee’s share of any monthly contributions made on their behalf.
(f) Employees included in a pension or retirement plan may continue to make contributions in accordance with the terms of the plan during the period of leave. However, the City shall not be required to make plan payments for employees during the leave period which is unpaid, and the unpaid leave period shall not be counted for purposes of time accrued under the plan.
(g) If the City provides a new health plan or benefits or changes health plans or benefits while an employee is on FMLA/CFRA leave, the City will give written notice to the employee to advise that the employee is subject to the new or changed plan/benefits in the same manner, and to the same extent, as if the employee were not on leave.

5. Failure to Return from Leave. The City may recover the entire premium it paid for maintaining health insurance benefits for an employee during any period of unpaid leave if the employee fails to return to work promptly upon the expiration of a leave for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave or other circumstances beyond their control.

P. Reinstatement.

1. Restoration to Position.

Agenda Item #9.6.

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When an employee returns from a leave under the FMLA/CFRA, the employee will be restored to the position held when the leave began, or to a comparable position, with equivalent (i.e. virtually identical) employment benefits, pay, and other conditions of employment.

The duties of the position must be capable of being performed in the same or similar geographic location, and involve the same or substantially similar duties as the position held when leave began, with responsibilities that entail substantially equivalent skill, effort, responsibility, and authority.

2. Denial of Restoration Rights.

The City may refuse to reinstate an employee to their pre-leave position at the conclusion of an FMLA/CFRA leave if the employee’s position and any comparable position have ceased to exist because of legitimate business reasons unrelated to the employee’s FMLA/CFRA leave. In this case, the City shall reasonably accommodate the employee through alternative means that will not cause undue hardship to the City’s operation. The City may offer an employee any other position that is available and suitable. The City is not required to create new employment that would not otherwise be created, discharge or transfer another employee, or promote another employee who is not qualified to perform the job.

3. Opportunity to Fulfill Missed Requirements.

If an employee is unable to attend a necessary course, renew a license, or is otherwise adversely affected in terms of fulfilling minimum requirements or qualifications for the position as a result of the FMLA/CFRA leave the employee will be given a reasonable opportunity to fulfill those requirements or qualifications upon returning to work from FMLA/CFRA leave.

SEC. 10.3 PREGNANCY DISABILITY LEAVE OR TRANSFER.

A. Eligibility And Duration.

1. Eligibility.
(a) Any employee who is disabled on account of pregnancy, childbirth, or related medical conditions may take a pregnancyrelated disability leave, regardless of the number of hours worked or their length of employment with the City. However, unless an employee has met the eligibility requirements under this Policy, they shall not be subject to the additional terms and conditions that apply to an employee who is eligible for FMLA leave.
(b) An employee’s pregnancy-related disability is not considered a serious health condition under the CFRA and is not counted against an employee’s CFRA leave eligibility.

2. Amount of Leave Entitlement.

Agenda Item #9.6.

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An eligible employee may take a pregnancy-related disability leave for the period of disability, up to four (4) months (an equivalent of 17 1/3 weeks). The pregnancy disability leave shall run concurrently with any family care or medical leave to which the employee may be entitled under the FMLA. An employee is entitled to take off the number of days or hours that the employee would normally work during 17 1/3 weeks of employment. For example, an employee, who regularly works forty (40) hours per week is entitled to take 693 hours of leave, and an employee who regularly works twenty (20) hours per week, would be entitled to 346.5 hours of leave.

3. Temporary Transfer.

Any employee affected by conditions related to pregnancy, childbirth, or related medical conditions is entitled to transfer temporarily to a less strenuous or hazardous position or to less strenuous or hazardous duties upon the certification of the employee’s health care provider that the transfer is medically advisable— if the transfer can be reasonably accommodated.

4. Reasonable Accommodation.

The City will provide reasonable accommodation to an employee who is affected by pregnancy, childbirth, or related medical conditions as required by law.

B. Use of Accrued Leave.

An employee taking pregnancy-related disability leave must coordinate any available sick leave with their pregnancy-related disability leave. An employee taking pregnancyrelated disability leave may, at their option, coordinate any other accumulated paid leaves, including, but not limited to, vacation time, holiday pay, compensatory time off, or administrative leave with her pregnancy-related disability leave. The paid leave shall run concurrently with the pregnancy-related disability leave, and shall not extend the employee’s entitlement to pregnancy-related disability leave beyond the amount specified in Section 10.3 of this Policy.

1. Coordination with Wage Replacement Plans.
(a) This provision only applies when the employee’s pregnancyrelated disability leave is also designated as a serious health condition under the FMLA. Pursuant to the provisions of the FMLA, if an employee is receiving a wage replacement payment from State Disability Insurance, Short-Term Disability, and/or Long-Term Disability, the employee and the City may mutually agree to coordinate the employee’s accrued paid leaves with the amount received from the wage replacement plan, up to an amount equal to the employee’s regular salary.
(b) If the employee is still receiving SDI benefits when her twelve (12) workweeks of leave under the FMLA expire, the City will require that she begin coordinating any additional accrued sick leave with the wage replacement benefits. The employee may also Agenda Item #9.6.

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elect to coordinate all other accrued paid leaves with the wage replacement benefits.

C. Notice.

An employee should notify her supervisor of their need for pregnancy-related disability leave or transfer as soon as they is aware of the need for such leave.

1. Foreseeable Events. Where the need for pregnancy-related disability leave or transfer is foreseeable, the employee must provide at least thirty (30) days’ advance notice to the City of the need for pregnancy-related disability leave or transfer. If the leave or transfer is required in connection with any planned, non-emergency medical treatment or supervision, the employee shall consult with the City and make a reasonable effort to schedule any such planned medical treatment or supervision to minimize disruption to the City’s operations, subject to the approval of the health care provider of the employee.

2. Unforeseeable Events. For non-emergency events that are not foreseeable thirty (30) days in advance, or when thirty (30) days’ advance notice is not practicable, the employee must notify the City as soon as practicable under the circumstances, ordinarily within two (2) working days after the employee learns of the need for leave.

3. Notice of Intermittent Leave. In the event that an employee requires intermittent pregnancy-related disability leave, they shall notify the City of the anticipated dates for the absences as much in advance as possible.

4. Failure to Provide Notice. If the employee fails to provide the requisite thirty (30) day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to delay the employee’s right to take the FMLA/CFRA leave for up to thirty (30) days after the date the employee provides notice of the need for pregnancy-related disability leave or transfer.

D. Contents of Notice or Request for Extension.

1. All requests for pregnancy-related disability leave or transfer should include the anticipated timing and duration of the leave or transfer and be sufficient to make the City aware that the employee requires a pregnancy-related disability leave or transfer. Any requests for extensions of a pregnancy-related disability leave or transfer must be received at least five (5) working days before the date on which the employee was originally scheduled to return to work, where practicable, and must include the revised anticipated date(s) and duration of the pregnancy-related disability leave or transfer.

Agenda Item #9.6.

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2. If the employee has exhausted their leave entitlement under Section

10.3, the City will evaluate on a case-by-case basis whether additional leave may be available as a reasonable accommodation; however, any such additional leave shall not be subject to the provisions of this Section.

E. Intermittent or Reduced Schedule Leave. Pregnancy-related disability leave can be taken on an intermittent or on a reduced schedule basis when medically advisable, as determined by the employee’s health care provider. The minimum pregnancy-related disability leave increment that can be taken by an employee is fifteen (15) minutes. If pregnancy-related disability is taken on an intermittent or reduced schedule basis and it is foreseeable based on planned medical treatment because of pregnancy, the City retains the discretion to temporarily transfer the employee to an alternative position, for which the employee is qualified, with equivalent pay and benefits, which better accommodates the employee’s leave schedule, but need not have equivalent duties.

F. City Response to a Request for Pregnancy-Related Disability Leave or Transfer or Request for Extension.

Within five (5) working days of an employee’s request for pregnancy-related disability leave or transfer, the City shall provide the employee with a written Eligibility Notice, which shall conform to the provisions of Section 10.2. The Eligibility Notice shall also inform the employee of their additional rights under the California PDL. If the employee has exhausted their leave entitlement under Section 10.3, the City will advise whether additional leave will be granted as a reasonable accommodation; however, any such additional leave shall not be subject to the provisions of this Section.

G. Timing of Certification.

Any request for pregnancy-related disability leave or transfer must be supported by a medical certification from a health care provider.

1. For foreseeable pregnancy-related disability leaves or transfers, employees must provide the required medical certification before the leave/transfer begins. When this is not possible, employees must provide the required certification within 15 days, unless it is not practicable under the circumstances to do so. Failure to provide the required medical certification may result in the denial or delay of foreseeable pregnancy-related disability leaves or transfers until such certification is provided.

2. In the case of unforeseeable leaves, failure to provide the required medical certification within fifteen (15) days of being requested to do so may result in a denial of the employee’s continued leave until certification is eventually provided. Any request for an extension of the leave/transfer must also be supported by an updated certification.

Agenda Item #9.6.

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H. Contents of the Certification for Pregnancy-Related Leave. Employees are encouraged to use the City’s medical certification when requesting pregnancy-related disability leave to ensure that all pertinent information is obtained. The following information must be included: (1) date the employee became or will become disabled due to pregnancy; (2) the probable duration of the period or periods of disability; and (3) an explanatory statement that, due to the disability, the employee is unable to work at all or is unable to perform any one or more of the essential functions of her position without undue risk to themself, to the successful completion of her pregnancy, or to other persons.

I. Contents of the Certification for Pregnancy-Related Transfers. Employees are encouraged to use the City’s medical certification when requesting pregnancy-related disability transfer to ensure that all pertinent information is obtained. The medical certification for pregnancy-related transfer shall include: (1) date the employee became or will become disabled due to pregnancy; (2) the probable duration of the period or periods of disability; and (3) an explanatory statement that, due to the disability, the transfer is medically advisable.

J. No Second/Third Opinions Allowed. There will not be a second or third opinion regarding pregnancy-related disability leave or transfer.

K. Return to Work Certification. As a condition of restoration to their former position, an employee taking leave under the FMLA/PDL is required to provide the City with certification from their health care provider stating that they are able to resume their original job duties.

L. City’s Designation of Leave. Once an employee requests pregnancyrelated disability leave or transfer, the Administrative Services Director shall notify the employee in writing whether the requested leave or transfer is approved and qualifies as pregnancy-related disability leave or transfer.

This designation shall comply with the provisions of Section 10.3, and shall also inform the employee of any additional rights and obligations under the California Pregnancy Disability Leave Law.

M. Employment and Benefits Protection. The provisions in this Policy regarding employment and benefits protection in connection with FMLA/CFRA leave also apply to all pregnancy-related disability leaves, except that where the City's policy permits employees on paid leave and/or unpaid leave to accrue seniority, employees on paid and/or unpaid pregnancy-related disability leaves shall also accrue seniority.

N. Reinstatement. Upon the completion of the employee’s pregnancy-related disability leave or transfer period, and upon submission of the return to work notice, the employee shall be returned to the same position they previously held, or to a comparable position as permitted by law.

However, for pregnancy-related disabilities, there is no reinstatement exception for key employees.

Agenda Item #9.6.

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SEC. 10.4 MILITARY FMLA LEAVE.

The City provides for two (2) types of military family leave under FMLA and CFRA:
military exigency leave, which is addressed in Section 10.4 A. and military caregiver leave, which is addressed in Section 10.4 B.

A. Military Exigency Leave.

1. Overview.

The City permits employees who have a covered military family member in the Armed Forces (including the National Guard or Reserves) to take up to twelve (12) workweeks of FMLA leave due to a qualifying exigency resulting from the covered military family member’s active military duty (or call to active duty status) in support of a contingency operation. Leave granted under this Section shall count against the FMLA and CFRA leave granted.

2. Definitions.
(a) Armed Forces. The Army, Navy, Air Force, Marine Corps, or Coast Guard, including the National Guard and Reserves. (b) Covered Active Duty or Call to Active Duty Status. One of the following:
(a) For a member of a regular component of the Armed
Forces, duty during the deployment of the member
with the Armed Forces to a foreign country; or
(b) For a member of a reserve component of the Armed
Forces, duty during the deployment of the member
with the Armed Forces to a foreign country under a
federal call or order to active duty in support of a
contingency operation under a provision of law
referred to in section 10.1(a)(13)(B) of Title 10, United States Code.
(c) Covered Military Family Member.
(a) An employee’s spouse, registered domestic partner,
son, daughter, or parent who is a member of the
Armed Forces and is on Covered Active Duty or Call to
Active Duty Status.
(b) For purposes of this definition only, "son" or "daughter" means the employee's biological, adopted, foster child, stepchild, legal ward, or a child for whom the
employee stood in loco parentis, within the meaning of
Section 10.2.D of this Policy, regardless of age.

Agenda Item #9.6.

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(d) Covered Military Family Member's Child.

The biological, adopted, foster child, stepchild, legal ward, or child for whom the Military Family Member stands in loco parentis, within the meaning of Section 10.2.D of this Policy, who is either under the age of 18 or who is aged 18 or older but incapable of self-care because of a physical or mental disability at the time leave under this Section

10.4 is to commence.
(e) Covered Military Family Member's Parent.

The biological, adoptive, step, or foster father or mother, or an individual who stood in loco parentis, within the meaning of Section 10.2.D of this Policy, to a Covered Military Family Member who was under 18 years of age.

3. Qualifying Reasons for Military Exigency Leave.

Military exigency leave under CFRA can be taken for a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, as specified in Section 3302.2 of the California Unemployment Insurance Code. Similarly, military exigency leave under FMLA can be taken for the following non-medical, non-routine activities only:
(a) Short-Notice Deployment Activities. If a Covered Military Family Member receives seven (7) or less calendar days’ notice prior to the date of deployment, an employee may take FMLA leave to address any issue arising from an impending call or order to active duty in support of a contingency operation. The employee may take FMLA leave for up to seven (7) days beginning on the date the Covered Military Family Member receives the notice of impending call or order to active duty.
(b) Military Events and Related Activities. An employee may take FMLA leave to attend any official ceremony, program, or event sponsored by the military that is related to the active duty or call to active duty status of the Covered Military Family Member. An employee may also take FMLA leave to attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or American Red Cross that are related to the active duty or call to active duty status of a Covered Military Family Member. (c) Childcare and School Activities. An employee may take FMLA leave for the following reasons, if the reason is necessitated by the Covered Military Family Member’s active duty or call to active duty status, or circumstances arising from it:
(a) To make alternative childcare arrangements of a
Covered Military Family Member’s Child;
Agenda Item #9.6.

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(b) To provide childcare for a Covered Military Family
Member’s Child on an urgent, immediate need basis,
but not on a regular, routine, or everyday basis;
(c) To enroll in or transfer a Covered Military Family
Member’s Child in a new school or day care facility;
and/or
(d) To attend meetings with staff at a school or day care facility, such as regarding disciplinary measures,
parent-teacher conferences, or meetings with school
counselors, for a Covered Military Family Member's
Child.
(d) Financial and Legal Arrangements. An employee may take FMLA leave in order to make or update financial or legal arrangements to address the Covered Military Family Member’s absence while on active duty or call to active duty status; and/or to act as the Covered Military Family Member’s representative before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the Covered Military Family Member is on active duty or call to active duty status (up to a period of ninety (90) days following the termination of the Covered Military Family Member’s active duty status).
(e) Counseling Activities. An employee may take FMLA leave to attend counseling, provided that:
(a) The need for counseling arises from the Covered
Military Family Member’s active duty or call to active
duty;
(b) Such counseling is provided by someone other than a health care provider; and
(c) The counseling is for the employee, the Covered
Military Family Member, and/or the Covered Military
Family Member’s Child. (Note that if medical
counseling is needed due to a serious health
condition, the employee may be able to take
FMLA/CFRA leave under Section 10.2 instead.)
(f) Rest and Recuperation Activities. If a military member is granted short-term, temporary, rest and recuperation leave during the period of deployment, an employee may take FMLA leave to spend time with the military member. An employee may take FMLA leave for this purpose for up to fifteen (15) working days for each instance of rest and recuperation, beginning on the date the Agenda Item #9.6.

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Covered Military Family Member commences each instance of rest and recuperation leave.
(g) Post-Deployment Activities. An employee may take FMLA leave to attend arrival ceremonies, reintegration briefings, events, and any other official ceremony or program sponsored by the military for a period of ninety (90) days following termination of the Covered Military Family Member’s active duty status. An employee may also take FMLA leave to address issues that arise from the death of a Covered Military Family Member while on active duty status, such as meeting and recovering the body of the Covered Military Family Member.
(h) Parental Care.

An employee may take FMLA leave for care of a Covered Military Family Member's Parent who is incapable of self-care.
"Incapable of self-care" means that the individual requires active assistance to provide daily self-care in three (3) or more of the following activities: caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, or other activities or instrumental activities of daily living.

An employee may take parental care leave for the following purposes when the need arises from the covered active duty or call to active duty of the Covered Military Family Member:
(a) To arrange for alternative care of the Covered Military Family Member's Parent from the existing care
arrangement;
(b) To provide care for the Covered Military Family
Member's Parent on an urgent, immediate need basis
(as opposed to a routine, regular, or everyday basis);
(c) To admit to or transfer to a care facility the Covered Military Family Member's Parent; or
(d) To attend meetings with staff at a care facility, such as meetings with hospice or social service workers, which
are not regular or routine.
(i) Additional Activities.

An employee may take FMLA leave for another form of exigency, provided that:
(a) The reason for the leave arises out of the Covered
Military Family Member’s active duty or call to active
duty;
Agenda Item #9.6.

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(b) The City and the employee mutually agree that such
leave shall be considered taken for a qualifying
exigency; and
(c) The City and employee mutually agree on the timing
and duration of the leave.

4. Employee Notice of Need for Military Exigency Leave
(a) Timing of Notice.

Employees are required to give notice of the need for military exigency leave as soon as practicable under the circumstances.
(b) Content of Notice.

Employees are required to provide the City with sufficient information, depending on the situation, to notify the City as to the anticipated timing and duration of the leave, that a Covered Military Family Member is on active duty or call to active duty status, and that one of the qualifying exigencies in Section 10.4 is present. (c) Updates from Employee.

The employee is required to advise the City as soon as is practicable when the dates of leave or other circumstances change.

5. City Response to Notice of Need for Military Exigency Leave.

The City will request any additional, necessary information needed to process the employee’s request and will also follow the procedures set forth in responding to an employee’s notice that they have a need for military exigency leave.

6. Certification of Need for Military Exigency Leave.

The City will request certification of the employee’s need for military exigency leave when it provides notice under Sections 10.2 and/or 10.4, and will provide the employee with a form to complete or an explanation of the information needed. Employees requesting military exigency leave for the first time for a particular active duty or call to active duty are also required to provide the City with a copy of the military member’s active duty orders.
(a) Required Information for Certification.
(a) A signed statement or description by the employee of the facts supporting the request for leave for one (1) or more of the reasons set forth in this Section and any
available supporting written documentation, including,
but not limited to, meeting announcements,
appointment confirmations, or a copy of a bill for
services.

Agenda Item #9.6.

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(b) The approximate date on which the reason for the
leave commenced, or will commence.
(c) The applicable timeframe.
(i) If, for a single, continuous period of time, the
beginning and end dates for the employee's
absence from work;
(ii) If, on an intermittent or reduced schedule
basis, the estimated frequency and duration of
the employee's absences.
(d) For leave involving a meeting with a third party,
appropriate contact information for the individual or
entity, such as name, title, organization, address,
telephone number, fax number, and email address, as
well as a brief description of the purpose of the
meeting.
(e) For leave involving rest and recuperation activities, a copy of the Covered Military Family Member's Rest
and Recuperation orders, or other documentation
issued by the military indicating that the Covered
Military Family Member has been granted Rest and
Recuperation leave and identifying the dates of that
Rest and Recuperation leave.
(b) Timing of City’s Notice of Required Certification. The City will request the certification under the timeframes set forth in Sections 10.2 and 10.4.
(c) Insufficient or Incomplete Certification. Employees are required to provide a complete and sufficient certification. If an employee provides an incomplete or insufficient certification, the City will give the employee written notice of the deficiencies and seven (7) calendar days to cure the deficiencies, unless seven (7) days is not practicable, despite the employee’s diligent, good faith efforts. The employee’s leave may be denied if the employee fails to provide timely a required certification.
(d) Verification of Certification. The City may verify the employee’s certification by contacting the appropriate Department of Defense unit to verify the military member is on active duty or call to active duty status. If the exigency involves meeting with a third party, the City may contact the entity or individual with whom the employee is meeting to verify the meeting or appointment schedule and the nature of the meeting. The City will not request additional Agenda Item #9.6.

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information. No permission from the employee is required for such verification.

B. Military Caregiver Leave.

1. Overview.

An employee who is the spouse, registered domestic partner, son, daughter, parent, or next of kin of a Covered Service member in the Regular Armed Forces, National Guard, or Reserves who has incurred a serious injury or illness in the line of duty while on active duty may take up to twenty-six (26) workweeks in a single twelve (12) month period per covered service member and per injury/illness of the service member. Leave granted under this Section shall run concurrently with the FMLA and CFRA leave granted under Section 10.2 (unless the employee is caring for their “next of kin” who is not covered by the CFRA). Leave granted under this Section shall be included in computing the employee’s twelve (12) weeks of leave granted under the FMLA, so that an employee may not, under any circumstances, exceed twenty-six (26) total weeks of FMLA leave in a rolling twelve (12) month period.

2. Definitions.
(a) Armed Forces.

The Army, Navy, Air Force, Marine Corps, or Coast Guard, including the National Guard and Reserves.
(b) Authorized Health Care Provider.

For purposes of completing the certification, any one of the following may meet the requirement:
(a) United States Department of Defense ("DOD") health
care provider;
(b) A United States Department of Veterans Affairs ("VA") health care provider;
(c) A DOD TRICARE network authorized private health
care provider;
(d) A DOD non-network TRICARE authorized private
health care provider; or
(e) Any health care provider permitted to provide medical certification under Section 10.2 of this Policy.
(c) Covered Service Member.
(a) A current member of the Armed Forces who is
undergoing medical treatment, recuperation, or
Agenda Item #9.6.

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therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for a Serious Injury or Illness; or
(b) A veteran who is undergoing medical treatment,
recuperation, or therapy for a Serious Injury or Illness and who was a member of the Armed Forces, at any
time during the period of five (5) years preceding the
date on which the employee commences FMLA leave
to care for the veteran. If the veteran was discharged
or released under conditions other than dishonorable,
prior to March 8. 2013, the period from October 28,
2009 through March 8, 2013 shall not be counted in
determining whether the veteran's last day of service
falls within the five-year period.
(d) Next of Kin. The nearest blood relative of a Covered Service member (other than their spouse, registered domestic partner, parent, son, or daughter), in the following priority order:
(a) A blood relative designated in writing by the service member as their nearest blood relative for purposes of
military caregiver leave under the FMLA, who, if so
designated, shall be the only next of kin for purposes
of this Policy;
(b) Blood relatives who have been granted legal custody of the service member by court decree or statutory
provisions;
(c) Brothers or sisters;
(d) Grandparents;
(e) Aunts or uncles; and
(f) First cousins.

If no blood relative has been designated, all blood relatives at the next applicable level of priority shall be considered "next of kin" who may take FMLA leave to provide care for the Covered Service member, either simultaneously or not. (e) Outpatient Status. The status of a Covered Service member who is assigned to a military medical treatment facility as an outpatient, or a unit established for the purpose of providing command and control of members of the military receiving medical care as outpatients.

Agenda Item #9.6.

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(f) Parent of a Covered Service member. A Covered Service member's biological, adoptive, step or foster father or mother, or an individual who stood in loco parentis to a Covered Service member. (g) Son or Daughter of a Covered Service member. A Covered Service member's biological, adopted, foster child, step child, legal ward, or child for whom the Covered Service member stood in loco parentis, within the meaning of Section 10.2.D of this Policy, except that this definition shall apply regardless of the child's age. (h) Serious Injury or Illness.
(a) For a current member of the Armed Forces. An injury or illness incurred by a Covered Service member in
the line of duty on active duty (or that existed before the beginning of the member’s active duty and was
aggravated by service in the line of duty or active
duty), and that may render the service member
medically unfit to perform the duties of their office,
grade, rank, or rating.
(b) For a veteran who is a Covered Service member.

An injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active
duty and was aggravated by service in line of duty on
active duty) and that manifested itself before or after the member became a veteran; and is one of the
following:
(i) A continuation of a Serious Injury or Illness that
was incurred or aggravated when the veteran
was a member of the Armed Forces and
rendered him/her unable to perform the duties
of their office, grade, rank, or rating; or
(ii) A physical or mental condition for which the
veteran has received a U.S. Department of
Veteran Affairs Service-Related Disability
Rating (VASRD) of fifty (50) percent or greater,
and the VASRD rating is based, in whole or in
part, on the condition precipitating the need for
the military caregiver leave; or
(iii) A physical or mental condition that
substantially impairs the veteran's ability to
secure or follow a substantially gainful
occupation by reason of a disability or
Agenda Item #9.6.

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disabilities related to military service, or would
do so absent treatment; or
(iv) An injury, including a psychological injury, on
the basis of which the veteran has been
enrolled in the Department of Veterans Affairs
Program of Comprehensive Assistance for
Family Caregivers.
(i) Veteran. A person who served in the Armed Forces, and who was discharged or released therefrom under conditions other than dishonorable.

3. Terms of Military Caregiver Leave.

Except for the differences set forth in this Section 10.4., the City shall grant military caregiver leave under the same terms that FMLA/CFRA leave is granted under Section

10.2 to care for a parent, spouse, registered domestic partner, or child with a serious health condition.

4. Required Certifications.

The City will provide the employee with a form to complete that certifies the service member’s family relationship, military status, and Serious Injury or Illness. The employee is required to ensure that this form, or an equivalent form containing the information set forth in this Section, is completely and sufficiently completed and returned within the same time periods set forth in Section 10.2 of this Policy. If the employee fails to provide a complete and sufficient form, the City will inform them of the deficiencies, and grant the employee at least seven (7) calendar days to cure them. (a) Certification of Family Relationship and Military Status. The City will require proof of the service member’s family relationship to the employee and proof of the service member's military status for the employee’s first request of military caregiver leave for a particular illness or injury for a particular service member. (b) Certification of Serious Illness or Injury. The City will require certification from an Authorized Health Care Provider that the service member is suffering from a Serious Illness or Injury.

However, the employee will not be required to reveal the service member’s diagnosis.
(a) The Authorized Health Care Provider may base the
certification upon their personal determination and/or
may certify their reliance upon determination(s) made
by an authorized DOD representative or an authorized
VA representative. The certification must also include:

Agenda Item #9.6.

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(i) The name, address, appropriate contact
information (telephone number, fax number,
and/or email address) of the health care
provider, the type of medical practice, the
medical specialty, and the basis on which the
person is an authorized health care provider,
as set forth in Section 10.2, above;
(ii) The approximate date on which the injury or
illness commenced, or was aggravated, and its
probable duration; and
(iii) Information sufficient to establish that the
Covered Service member is in need of care,
and addressing the following matters:
i) Whether the need for care is for a single
continuous period, and if so, an estimate
of the beginning and ending dates,
including any time needed for treatment
and recovery;
ii) Whether there is a medical necessity for
periodic care, based on a schedule of
planned medical treatment, and if so an
estimate of the treatment schedule;
iii) Whether there is a medical necessity for
periodic care for reasons other than
planned medical treatment, such as
episodic flare-ups, and if so, an estimate
of the frequency and duration of the
periodic care.

5. Alternative Certifications
(a) Special Automatic Certification. The DOD may issue a special invitation to a member(s) of a service member’s family when a DOD health care provider has determined that the injury or illness is serious enough to warrant the immediate presence of a family member at the service member’s bedside. If the DOD issues an invitational travel order (“ITO”) or invitational travel authorization (“ITA”) for “medical purposes” to any member(s) of the service member’s family (even if the employee’s name is not on it), the ITO or ITA constitutes automatic certification of military status and Serious Injury or Illness for the period of time specified in the ITO or ITA for the employee to take leave on either a continuous or intermittent basis, and the City will not require further certification of those matters for the specified period of time. However, in this Agenda Item #9.6.

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circumstance, the City may still require proof of the covered family relationship between the employee and the service member. The ITO or ITA is in effect for the duration specified on it. If the employee wishes to request leave to care for a Covered Service Member beyond the period of time specified in an ITO or ITA, he/she must submit additional certification in accordance with Section 10.2 above.
(b) Documentation of Enrollment in Department of Veterans Affairs Program of Comprehensive Assistance for Family
Caregivers. As another alternative to the certification required, the City will accept as sufficient certification documentation of the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers, whether or not the employee is the named caregiver in the enrollment documentation. However, the City may still require proof of the covered family relationship between the employee and the service member. The City may also require proof of the service member's date of discharge and proof that the service member's discharge was other than dishonorable.

6. Authentication and Clarification. The City may seek authentication and clarification of a certification issued this Section, of an ITO or ITA, or of documentation of enrollment in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

7. Second and Third Opinions. No second or third opinions of the service member’s Serious Illness or Injury will be sought from an Authorized Health Care Provider who meets the criterion set forth in this Section; however, the City may request a second or third opinion by an Authorized Health Provider who meets the criterion in

10.5. No second or third opinions will be sought regarding an ITO or ITA for the period of time specified in the ITO or ITA.

8. Recertification. No recertification of the service member’s Serious Illness or Injury will be sought.

9. Administrative Delays in Issuance of Military Documents. When an employee is unable to submit required documentation within the timeframe required under Section 10.3, despite their diligent, good faith efforts to obtain such documents, the City will not delay or deny leave on the grounds of such administrative delay.

SEC. 10.5 EMPLOYEE RESPONSIBILITIES AND DUTY TO COOPERATE

1. Employees are expected to fully cooperate with the City in meeting the obligations and requirements set forth under this Policy, as well as those set forth in state and federal law. An employee’s cooperation includes, but is not limited to, timely completion of all Agenda Item #9.6.

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requested forms and responding to all inquiries for additional information. Cooperation also requires that an employee respond to the City’s inquiries for information to determine whether the employee is requesting leave under the FMLA, CFRA, and/or PDL.

Employees are also required to consult with the City and make a reasonable effort to schedule foreseeable treatments so as to not unduly disrupt the City’s operations. Employees on family care or medical leave must respond to the City’s reasonable inquiries and keep the City updated as to the status of the employee’s family care or medical leave.

2. Failure to cooperate with the City or failure to meet the employee’s responsibilities may result in a delay in granting the employee’s leave, a denial of leave, and/or a denial of the protections and benefits afforded by the FMLA, CFRA, and/or PDL. Employees who have questions about their responsibilities under this Policy should direct their inquiries to the Human Resources.

RULE 11. LAYOFF/SEPARATION/RETIREMENT
SEC. 11.1 ELIMINATION OF POSITIONS
Decreased public interest or changes in the City's operational or fiscal priorities may result in the elimination or curtailment of a public service activity which may therefore require the layoff of one or more employees.

SEC. 11.2 LAYOFF PROCEDURE
Whenever, in the judgment of the City, it becomes necessary, due to the lack of work, lack of funds, or other economic reason, or because the necessity for a position no longer exists, the City Council may lay off any employee from a position. The said layoff shall not be subject to appeal.

Employees laid off shall be given at least fourteen (14) calendar days’ notice, and impacts bargaining with represented employee groups will occur as required by law.

Whenever there is a reduction in the work force, the City Manager shall first transfer the employee to a vacancy, if any, in any non-promotional position for which the laid-off employee is qualified. In order for the employee to retreat to a lesser position, the employee must request displacement action in writing, explaining the employee’s qualifications, to the City Manager within five (5) working days of receipt of the layoff notice. Employees retreating to a lesser position shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the position from which the employee was laid off.

Temporary, seasonal, and regular employees shall be laid off according to the needs of the service as determined by the City Manager.

Agenda Item #9.6.

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In cases when there are two or more regular positions with the same job description from which the layoff is to be made, it shall be the City Manager’s responsibility to consider the following criteria before making a discretionary determination regarding order of layoff:

A. Overall tenor of past evaluations (evaluations in the most recent sixty (60) days prior to layoff are excluded);
B. Seniority; and
C. Input from the affected department supervisor.

SEC. 11.3 RESIGNATIONS
Resigning employees shall be required to file a written resignation stating the effective date and reason(s) at least two (2) weeks prior to leaving the City’s service, unless the time limit is waived by the City Manager. The effective resignation date should be the last day the employee actually worked. The resignation shall be forwarded to Human Resources.

SEC. 11.4 TERMINATIONS
The City Manager may terminate:

A. Employees at any time while they are on probation.

B. Employees in the exempt service at any time. This authority applies only to those exempt employees the City Manager has the authority to appoint.

C. Employees for disciplinary purposes in accordance with Rule 13, to the extent applicable.

SEC. 11.5 EXIT INTERVIEW
Any person leaving the City Service may be interviewed by the City Manager or designee. The purpose of the interview shall be to allow the City Manager to receive and give the employee an opportunity to provide their candid observations of the City employment in order to help improve personnel management and departmental functioning.

SEC. 11.6 BENEFITS AT SEPARATION
When an employee is separated for any reason, all benefits shall end as of the date of termination, with the exception of the employee’s health benefits, which may continue through the end of the month in accordance with the rules of the applicable health benefits provider. Any accrued and unused vacation shall be paid out at separation. In the event an employee has received any advance of vacation and used more than the employee accrued prior to their separation date, the amount of the un-accrued but used vacation shall be deducted from the employee’s final compensation, except as otherwise required by law.

Agenda Item #9.6.

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RULE 12. OUTSIDE EMPLOYMENT/POLITICAL ACTIVITIES/CONTRACTS AND

CONFLICTS OF INTEREST/CODE OF ETHICS
SEC. 12.1 OUTSIDE EMPLOYMENT
During the employees’ work day, they are expected to devote full attention to their prescribed duties. Outside of their working hours, employees may engage in outside employment, enterprise or activity (collectively "outside employment') under the following circumstances only:

1. They notify the Department Director prior to beginning outside employment, providing sufficient information for the Department Director to determine whether the outside employment is consistent with this Rule.

2. The Department Director shall assess whether any of the following factors are involved in the proposed outside employment:
(a) Receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of employee’s City employment as a part of employee’s duties as a City employee; or
(b) Performance of an act in other than the employee’s capacity as a City employee which act may later be directly or indirectly subject to the control, inspection, review, audit, or enforcement by such employee or the department by which the employee is employed; or
(c) Conditions or factors which are likely to directly or indirectly lessen the efficiency of the employee in the employee’s regular City employment, or conditions in which there is a substantial danger of injury or illness to the employee; or
(d) Use of City time, facilities, equipment, and supplies, prestige, influence, or confidential information of the employee’s City office or employment for private gain or advantage; or
(e) Solicitation of future employment with any person or business entities doing business with the City over which the employee has some control or influence in employee’s official capacity at the time of the transaction.

3. The Department Director will approve proposed outside employment that they determine does not:

Agenda Item #9.6.

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(a) conflict with or is not incompatible or inconsistent with the employee's City responsibilities, including performance of overtime and emergency duties and any other aspect of City operations; (b) lessen the effectiveness of the employee; and
(c) create a conflict of interest.

4. The Department Director shall advise the employee in writing as to whether the outside employment is approved or prohibited.

5. An employee may submit a written appeal to the City Manager within fourteen (14) days from the employee’s receipt of the Department Director’s written determination that a proposed outside employment is prohibited. The written appeal shall specify the grounds on which the employee challenges the Department Director’s determination and shall include an attachment with all relevant documentary evidence for the appeal. The City Manager shall issue a written decision to the employee within fourteen (14) days from the date of the meeting. The decision of the City Manager shall be final.

An employee with approved outside employment must notify the Department Director within one (1) working day regarding any changes to the terms or conditions of the outside employment that may have a potential adverse effect on the application of one or more of the factors under Section 12.1.

Employees shall be subject to disciplinary action pursuant to Rule 13 for violation of this Rule, including, but not limited to, failure to disclose outside employment, failure to provide timely updates regarding changes to outside employment, and intentional inclusion of material mis-statements or exclusion of material information in the employee’s description of the outside employment.

SEC. 12.2 POLITICAL ACTIVITIES
Employees may not solicit political funds or contributions from other employees while on duty or on City property, nor may any employee participate in political activities while on duty or while in any uniform which would represent the City.

SEC. 12.3 CONTRACTS AND CONFLICTS OF INTEREST
No City employee can be financially interested in any contract made by them in their official capacity, or by anybody or board of which they are a member. All employees of the City are required to adhere to applicable local, state, and federal conflict of interest requirements and prohibitions, including but not limited to the provisions of Article 4 of Title 1, Division 4, Chapter 1 of the Government Code.

Agenda Item #9.6.

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SEC. 12.4 CODE OF ETHICS
Employees of the City at all levels are guardians of public trust. Employees are required to be impartial and responsible in the fulfillment of their duties. The citizens and customers of St. Helena expect and must receive the highest standard of ethics from all those in public service, regardless of personal consideration.

1. Responsibilities of Public Service
All employees shall uphold the Constitution of the United States, the Constitution of the State of California, and to comply with Federal, State, and Local laws and City Policies.

Recognizing the special responsibilities of serving the City and its citizens and customers, employees are required to maintain the highest standards of integrity and honesty, and they are expected to treat all members of the public and fellow City employees with respect, courtesy, concern, and responsiveness. The conduct of employees in both their official and private affairs should be above reproach to assure that their City position is not used for personal gain.

In addition, all employees shall comply with all applicable provisions of California law governing public employees and officials, particularly the California Political Reform Act and its provisions on gifts and conflicts of interest.

2. Use of Confidential Information
City employees shall not use confidential information acquired by or available to them in the course of their employment with the City for personal gain or for personable, nonCity business related reasons.

3. Use of City Employment and Facilities for Personal Gain All employees shall not engage in any activity which results in any of the following:
(a) Use of time, facilities, equipment, supplies, funds, or other resources of the City for the private advantage or gain for oneself or another or for campaign related political activities;
(b) Use or attempt to use their position to secure unwarranted privileges or exemptions for themselves or others;
(c) Disclosure or use of official information that is not available to the general public for private advantage or gain for oneself or another; and/or
(d) Use of the authority of their position with the City to discourage, restrain, or interfere with any person who chooses to report potential violations of any law or regulation.

No employee shall directly or indirectly accept:

Agenda Item #9.6.

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(a) Private advantage, remuneration, or reward for oneself or another as a result of the prestige or influence of the City office, employment, or appointment;
(b) Financial consideration from any source other than the City for the performance of their official duties, except for stipends received as representatives on boards, commissions or committees at a local, regional, or state level.

No employee shall give special treatment or consideration to any individual or group beyond that available to any other individual or group.

No employee shall discriminate against or harass a citizen or co-worker on the basis of race, religious creed, color, national origin, ancestry, sex, age, physical or mental disability, medical condition, sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military and veteran status, and/or any other category protected by federal and/or state law.

All employees shall conduct themselves in a courteous and respectful manner at all times during the performance of their duties.

4. Reporting of Improper Activities
The City has a responsibility to conduct its affairs ethically and in compliance with the law. City employees and persons in City service are expected and encouraged to promptly raise questions and concerns regarding possible violations of City policy or local, State, or Federal law with their immediate supervisor or another management employee within the employee’s department. Employees may also contact the City Manager or Human Resources.

5. Enforcement.

In addition to any other penalty as provided by law, any employee found to be in violation of the Code of Ethics shall be subjected to appropriate disciplinary action, up to an including, employment termination.

RULE 13. DISCIPLINARY ACTIONS
SEC. 13.1 CAUSES
A. Disciplinary measures may be taken for any good and sufficient cause.

The extent of the Disciplinary Action taken shall be commensurate with the offense provided that the prior employment history of the employee may also be considered pertinent. Cause may include, but is not limited to, the following:

1. Violation of City Personnel Rules, ordinances, regulations, rules, and/or administrative policies and procedures; or of standards established under California or federal law;
Agenda Item #9.6.

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2. Failure to maintain job performance standards or to properly perform assigned duties;

3. Theft of, harm to, or waste of City property or the personal property of another;

4. Lack of workplace and job-related cooperation;

5. Insubordination;

6. Dishonesty;

7. Conviction of a felony, or conviction of a misdemeanor relating to the employee’s fitness to perform assigned duties;

8. Unauthorized absence from employment or excessive absenteeism;

9. Tardiness;

10. Failure to maintain satisfactory working relationships with other employees or the public;

11. Reporting for work, or being at work, under the influence of or in possession of alcohol, or non-prescribed controlled substances;

12. Assault, battery, or fighting while on duty or under the guise of office;

13. Gambling on City property or during working hours;

14. Sleeping on the job or leaving the job without authorization;

15. Improper use of City funds;

16. Acceptance of bribes or extortion;

17. Unauthorized use of City property;

18. Falsification of records, including information provided on an application for employment or on time sheets;

19. Failure to properly care for City property;

20. Acceptance of any gift, (other than as provided for by written City policy) reward or other form of compensation in addition to compensation for performance of official duties;

21. Carelessness or negligence;

22. Misuse or failure to maintain any employment qualification; Agenda Item #9.6.

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23. Discourteous treatment of the public or fellow employees;

24. Disorderly conduct or horseplay;

25. Failure to comply with safety standards;

26. Interfering with the work performance of others;

27. Abuse of leaves of absence, including sick leave; and/or

28. Other failure of good behavior either during or outside of employment such that the employee’s conduct causes discredit to the City.

B. Reduction in Pay. Reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure are not disciplinary measures and do not trigger any rights of appeal under this Rule.

SEC. 13.2 AUTHORITY FOR DISCIPLINARY ACTIONS
Department Directors and/or the City Manager shall have authority to take Disciplinary Action.

Temporary or part-time employees may be discharged by the Department Head. A fulltime employee may be discharged only by the City Manager. Department Heads may be discharged only by the City Manager, with the exception of the Fire Chief as provided in the Municipal Code.

Human Resources shall be notified of any contemplated Disciplinary Action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, Human Resources may be notified as soon as possible subsequent to the time the action is taken.

SEC. 13.3 TYPES OF DISCIPLINARY ACTION
A. Lesser Disciplinary Action.

1. Oral Reprimand. Oral reprimand as a Disciplinary Action means the employee is informed of their poor performance verbally by their supervisor. The employee shall have no right to prior notice and no right of appeal.

2. Written Reprimand. Written reprimand as a Disciplinary Action means an official notification of the employee that there is cause for dissatisfaction with their services and that further disciplinary measures may be taken if said cause is not corrected. Reprimand notices shall be made a part of the employee’s official personnel record and may be considered as pertinent evidence or information in any appeal hearing. The employee shall have no right to prior notice and no right of appeal, but shall have a right to attach a Agenda Item #9.6.

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response that will be included with the reprimand in the personnel file.

3. Suspension Without Pay For Less Than Five (5) Working Days.

Suspension without pay shall be a temporary separation from City service. Prior to the imposition of the suspension without pay, employees shall be provided with a Notice of Disciplinary Action which sets forth the effective date and specific reasons for the suspension without pay. The Notice of Disciplinary Action shall also include copies of all written materials supporting the suspension without pay. The employee’s right of appeal is limited to the Complaint Procedure in Section 13.4.

4. Reduction In Pay. Reduction for a time period equivalent to less than a five (5) working day suspension. Reduction in step within range as a disciplinary measure is the withdrawal of increments granted for merit, efficiency and length of service. The maximum reduction in pay that may be given for any one Disciplinary Action shall be two (2) steps within the range for that class. Reduction in pay shall become effective on the first of the month following the effective date of the Disciplinary Action. Prior to the imposition of the reduction in pay, employees shall be provided with a Notice of Disciplinary Action which sets forth the effective date and specific reasons for the reduction in pay. The Notice of Disciplinary Action shall also include copies of all written materials supporting the reduction in pay. The employee’s right of appeal is limited to the Complaint Procedure in Section 13.4.

B. Serious Disciplinary Actions. Serious Disciplinary Actions require due process as set forth in Rule 13.4. Serious Disciplinary Actions include the following:

1. Reduction in range equivalent to a five (5) or more working day suspension without pay.

2. Suspension without pay for five (5) or more working days, but not more than thirty (30) working days. Suspension without pay shall be a temporary separation from City service.

3. Demotion without consent as Disciplinary Action, shall be a reduction in classification or rank, with reduction in salary.

4. Dismissal means the discharge of an employee from the City service on the initiative of the employee’s supervisor. Such termination of employment shall be permanent.

Agenda Item #9.6.

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SEC. 13.4 PROCEDURES FOR SERIOUS DISCIPLINARY ACTIONS
A. Notice of Proposed Disciplinary Action. In instances of serious Disciplinary Actions as defined in Section 13.3, employees shall receive a written notice of proposed Disciplinary Action.

1. The notice of proposed Disciplinary Action shall state the proposed Disciplinary Action and the effective date and specific reasons for the proposed Disciplinary Action.

2. The notice of proposed Disciplinary Action shall include copies of all written materials supporting the proposed action.

3. The notice of proposed Disciplinary Action shall inform the employee of their right to respond, either orally or in writing, to the City Manager, as appropriate, within five (5) working days of the date of the notice of proposed Disciplinary Action if it was personally delivered, or within seven (7) working days of the date of the notice of proposed Disciplinary Action if it was delivered by United States mail. If the employee requests to respond orally to the notice of the proposed Disciplinary Action, the City Manager, as appropriate, shall schedule a meeting as soon as possible.

B. Notice of Decision. After review of the employee’s timely written response, if any, or following the conclusion of the meeting, the City Manager shall issue and deliver to the employee a Notice of Decision which shall be a written statement of the decision to uphold, modify, or reject the proposed Disciplinary Action. Such action to be taken may not include discipline more severe than that described in the notice of proposed Disciplinary Action. Absent an agreed extension of time, the Notice of Decision shall be served within seven (7) working days after the receipt of the written response or the conclusion of the meeting, whichever is later.

C. Disciplinary Appeal Hearing.

1. Right to a Disciplinary Appeal Hearing. Any employee who has received a Notice of Decision imposing serious Disciplinary Action shall be entitled to request an evidentiary appeal of the imposition of discipline.

2. Requesting a Disciplinary Appeal. An employee wishing to appeal the imposition of a serious Disciplinary Action shall initiate the appeal by filing a written request with the City Manager within five (5) working days of the date of the Notice of Discipline if it was personally delivered, or within seven (7) working days of the date of the notice of imposition of discipline if it was delivered by United States mail. The request shall be addressed to the City Manager, and shall identify the subject matter of the appeal, the grounds for Agenda Item #9.6.

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the appeal, and the relief desired by the employee. All disciplinary appeal hearings shall be conducted in private unless the employee requests a public hearing.

3. Scheduling the Disciplinary Appeal Hearing with the City Council.

The City Manager shall schedule the disciplinary appeal hearing to take place at the closed personnel session at the next regular meeting of the City Council, if so desired, the City Council may meet earlier by calling a special meeting.

4. Representation and Employee Appearance at Disciplinary Appeal Hearing. The employee is entitled to be represented by counsel or other representative at the disciplinary appeal hearing. However, an employee who requests a disciplinary appeal hearing must be present during the disciplinary appeals hearing. Failure to be present shall constitute a waiver of the employee’s right to an appeal. Waiver will not occur if the employee can demonstrate good cause for their failure to be present within three (3) working days from the date the employee fails to appear.

D. Conduct of Disciplinary Appeal Hearings. The City Council, at its sole discretion may elect to have a neutral hearing officer conduct the appeal hearing. The proceedings before the City Council or hearing officer, as applicable shall be conducted as follows:

1. All parties shall have the following rights:
(a) To call and examine witnesses under oath;
(b) To introduce exhibits;
(c) To cross examine opposing witnesses on any matter
relevant to the issue, even if the matter is not covered in the direct examination;
(d) To impeach any witness regardless of which party first called them to testify;
(e) To rebut the evidence against them; and
(f) To present oral and written arguments

2. The City shall have the burden of proof, and the burden shall be by the preponderance of the evidence.

3. The hearing shall not be conducted in accordance with the technical rules relating to evidence and witnesses, but shall be conducted in a manner most conducive to the determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of Agenda Item #9.6.

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serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in a court of law. The City Council’s decision shall not be invalided by any informality in the proceedings.

4. Hearsay evidence may be used for the purpose of explaining any direct evidence but shall not be sufficient in and of itself to support a finding unless it would be admissible over objections in civil actions.

5. The City Council or hearing officer shall not take testimony from one (1) party outside the presence of the other.

6. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

7. Irrelevant evidence and unduly repetitious evidence shall be excluded.

8. The City Council or hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence.

9. The City Council or hearing officer shall have the power to exclude any witnesses.

E. Issuance of Decision.

Within thirty (30) days after the close of the hearing (which shall not occur prior to completion of a reporter’s transcript, if requested by either party), a written statement of decision, containing findings of fact and conclusions of law, shall be issued by the City Council or hearing officer. If the hearing is conducted by a hearing officer, the hearing officer’s decision shall be advisory to the City Council, and the City Council shall have the discretion to accept or reject the hearing officer’s decision. The City Council shall have the authority to affirm, revoke, or reduce the Disciplinary Action imposed against the employee. The City Council may not provide for discipline more stringent that than that imposed by the City Manager.

If the City Council declines to accept the findings and conclusions made by the hearing officer, the City Council must review the record or provide for an additional opportunity to be heard, after which it may adopt the findings and conclusions made by the hearing officer, or adopt its own findings and conclusions.

The City Council’s decision constitutes a final resolution of any Disciplinary Action and no further appeal shall be permitted within the City’s administrative process. A copy of the City Council decision shall be provided to the employee and shall be made public at the next public session of the City Council.

Notwithstanding the above, the City Council shall not have binding authority to add, modify, or subtract from the Personnel Rules, or any resolutions, ordinances, or policies adopted by the City. Further, the City Council shall not have the authority or power to Agenda Item #9.6.

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render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in the Personnel Rules, or any resolutions, ordinances, or policies adopted by the City. The City Council shall not have the authority to require the City to perform any other action that would violate state or federal laws.

F. Judicial Review.

An employee may seek judicial review of the final decision by the City Council in accordance with Section 1094.5 of the California Code of Civil Procedure by filing a petition for a writ of mandate. Section 1094.5 of the Code of Civil Procedure requires that the petition writ of mandate must be filed not later than the ninetieth (90th) day following the date on which the City Council’s decision becomes final.

SEC. 13.5 ADMINISTRATIVE LEAVE WITH PAY
An employee may be placed on an Administrative Leave with Pay temporarily to allow the City time to fully investigate the facts of an alleged violation, while the Disciplinary Action is in process, or when the City Manager or Administrative Services Director determine that it is in the best interests of the City.

The employee on Administrative Leave with Pay must be reasonably available by telephone during their normal working hours (subject to adjustment, as provided below) and able to report to the City within sixty (60) minutes if directed to do so. An employee’s normal working hours may be altered while on Administrative Leave with Pay to correspond with the City’s typical business hours. When an employee is placed on Administrative Leave with Pay during this investigation, the employee may be directed not to discuss the alleged violation or the Disciplinary Action with anyone, except a legal or employee association representative of their choice. Failure to remain reasonably reachable by telephone or to report to the City within sixty (60) minutes of being directed to do so shall be considered insubordination, and could result in additional Disciplinary Action. The employee shall be informed that communicating with others, except a legal or employee association representative of their choice, about a pending investigation constitutes insubordination and is a separate and independent ground for discipline.

SEC. 13.6 TIME EXTENSIONS
Any time limitations or requirements as set forth under this Rule may be extended or changed by mutual written agreement of the parties.

SEC. 13.7 DELIVERY OF NOTICES
When notice is required under this Rule, the notice shall be given to the affected employee either by delivery of the notice to the employee in person; or if the employee is not available for personal delivery, by placing the notice in the United States mail, first Class, postage paid, and by traceable overnight delivery service (FedEx or equivalent) in an envelope addressed to the employee’s last known home address. It shall be the Agenda Item #9.6.

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responsibility of the employee to inform the City, in writing, of their current home address and of any change in such address, and the information so provided shall constitute the employee’s “last known home address”. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee.

RULE 14. GRIEVANCE AND COMPLAINT PROCEDURE
SEC. 14.1 ESTABLISHMENT
These procedures are established in order to provide adequate opportunities for employees to bring forth their views relating to any unfair or improper aspect of their employment situation and to seek correction.

SEC. 14.2 SCOPE OF PROCEDURES
The procedures set forth in this Rule shall apply to all employee complaints and grievances, as defined herein, except where other methods have been specifically prescribed in these Rules, such as in the matters of dismissal, demotion and reduction, or in an applicable memorandum of understanding between the City and an exclusive representative of a unit or unit of employees.

SEC. 14.3 DEFINITIONS
A. Complaint. An allegation or charge that the complaining employee has suffered a wrong as a result of management action or inaction.

B. Complaint Procedure. The process by which a determination is made as to whether or not a wrong has been committed. Complaints may not be filed over matters for which there is a separate appeal, which are subject to the grievance procedure, or which are expressly excluded from the grievance procedure pursuant to Section 14.3.

C. Grievance. An expressed claim by an employee that the City has violated, misinterpreted, or misapplied an obligation to the employee as such obligation is expressed and written in a resolution, memorandum of understanding, or these Rules. Specifically excluded from the grievance procedures are the following:

1. Performance evaluations;

2. Deferred merit salary increases;

3. All Disciplinary Actions;

4. Probationary dismissals upon original appointment or rejection from probation;

5. Policy decisions of the City Council, including but not limited to resolutions, ordinances and minutes orders;
Agenda Item #9.6.

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6. Complaints under the jurisdictions of Workers’ Compensation law or Occupational Injury law or the applicable procedures for such complaints;

7. Transfer to another Position in the same classification without a loss of pay; and

8. Matters for which there is a separate investigation procedure or appeal process, including, but not limited to, the harassment prevention policy and disciplinary action.

D. Grievance Procedure. The process by which the validity of a grievance is determined.

SEC. 14.4 COMPLAINT PROCEDURE
A. Step 1. The employee shall discuss any complaint with their immediate supervisor within ten (10) working days after the employee knew, should have reasonably known, of the circumstances which for the basis of the alleged complaint. Grievances not timely raised shall be deemed waived.

The immediate supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible. The immediate supervisor shall issue a written decision to the employee within five (5) working days from the date of their meeting with the employee.

B. Step 2. If the action taken by their immediate supervisor is not satisfactory, the employee shall submit their complaint in writing to the City Manager within ten (10) working days of receipt of the immediate supervisor’s written decision. The City Manager or designee shall meet and discuss the complaint with the employee within five (5) working days of their receipt of the complaint. The City Manager or designee shall have twenty (20) days from the date of their meeting with the employee to issue a decision. The decision of the City Manager or designee is final.

SEC. 14.5 GRIEVANCE PROCEDURE
A. Step 1. Responsibility of Employee / Informal Resolution. The employee shall inform, in writing, their immediate supervisor of their grievance and relevant facts within five (5) working days after the employee knew, or reasonably should have known, of the circumstances giving rise to the grievance. The immediate supervisor shall hold discussions and attempt to resolve the matter after the employees has presented their grievance.

Within ten (10) working days of receiving the grievance, the immediate supervisor shall give the employee a written reply after the discussions. It is the intent of this informal meeting that at least one personal conference be held between the employee and their immediate supervisor.

B. Step 2 Department Head Review. If the grievance is not satisfactorily resolved in Step 1, the grievant must submit their grievance in writing to Agenda Item #9.6.

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the Department Head within ten (10) working days after receiving their immediate supervisor’s response. The statement must include the following:

1. A concise statement of the grievance including specific reference to any law, policy, rule, regulation and/or instruction deemed to be violated, misapplied or misinterpreted;

2. A full explanation of the circumstances involved;

3. The decision rendered by the immediate supervisor at Step 1;

4. The specific remedy sought by the grievant.

The Department Head or their designee shall take such review and investigative action as they deem necessary and hold a meeting with the grievance. The Department Head or their designee shall inform the grievant of their decision in writing within ten (10) days after receiving the grievance.

C. Step 3 City Manager Review. If the grievance is not satisfactorily resolved in Step 2, the grievant must present their grievance in writing to the City Manager within ten (10) working days after receiving their Department Head’s written decision. The statement must include the following:

1. A concise statement of the grievance including specific reference to any law, policy, rule, regulation and/or instruction deemed to be violated, misapplied or misinterpreted;

2. A full explanation of the circumstances involved;

3. The decision rendered by the department head at Step 2;

4. The specific remedy sought by the grievant. The City Manager or their designee shall take such review and investigative action as they deem necessary and inform the grievant of their decision in writing within ten (10) days after receiving the grievance. Prior to issuing the written decision, the City Manager shall schedule a meeting with the employee to discuss the matter. The City Manager’s decision will be in writing setting forth the decision and the reasons therefore and will be transmitted promptly to all parties in interest. The decision of the City Manager or their designee is final. Time limits for appeal shall begin the day following receipt of written decision. Within the above time limits, either party may request a personal conference with the other.

SEC. 14.6 GENERAL PROVISIONS
A. No retribution or adverse employment action shall be taken against employees because of their use of the grievance or complaint procedures.

Agenda Item #9.6.

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B. All documents, communications and records dealing with the processing of grievances and complaints shall be filed separately from personnel files.

C. Failure by the City at any step of this procedure to communicate the decision on the grievance or complaint within the specified time limits shall permit the grievant or complainant to proceed to the next step.

D. The grievant or complainant shall be present at all steps of the procedure.

E. Failure at any step of these procedures to appeal a decision on a grievance or complaint within specified time limits shall be deemed acceptance of the decision rendered by the employee.

F. The time limits specified at any step in this procedure may be extended by mutual written agreement of the City and grievant or complainant.

G. The original grievance or complaint shall accompany all requests for institution of the next step in the grievance or complaint procedure.

H. Communication with the grievant or complainant shall be processed by personal signed receipt of documents, or by email with a reply confirming receipt, or by traceable overnight delivery service (FedEx or equivalent).

RULE 15. POLICY AGAINST WORKPLACE VIOLENCE
SEC. 15.1 OBJECTIVES
The City is strongly committed to ensuring the safety of all employees. Consistent with this policy, acts or threats of violence, including intimidation, harassment, and/or coercion which involve or affect employees will not be tolerated, and will be subject to appropriate Disciplinary Action, up to and including termination. The following are the objectives of the City:

A. To ensure that all workplace threats and violent behavior are addressed promptly.

B. To ensure that the level of physical and facility security in City workplaces is sufficient to protect the health and safety of employees.

C. To ensure that all employees are appropriately trained in workplace security, diffusing hostile situations, and steps to take during an emergency incident.

D. To ensure that all Disciplinary Action taken for behavior prohibited under this Rule is reviewed, evaluated, and administered consistently and equitably throughout the City, and done so in a timely manner.

Agenda Item #9.6.

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SEC. 15.2 THREATS OR ACTS OF VIOLENCE DEFINED
A credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose. General examples of prohibited workplace violence include, but are not limited to the following:

A. Threatening to harm or harming an individual or their family, friends, associates, or their property.

B. Fighting or challenging another individual to a fight.

C. Intimidation through direct or veiled verbal threats, or through physical threats, such as obscene gestures, grabbing, and pushing.

D. Making harassing or threatening telephone calls; sending harassing or threatening letters, emails, text messages, or other correspondence.

E. Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interests of the City.

F. Harassing surveillance or stalking, which is engaging in a pattern of conduct with the intent to follow, alarm, or harass another individual, which presents a credible threat to the individual and causes the individual to fear for their safety, or the safety of their immediate family, as defined in Civil Code section 1708.7.

G. Making a suggestion or otherwise intimating that an act to injure persons or property is appropriate behavior.

H. Possession of firearms (loaded or unloaded), weapons, or any other dangerous devices on City property. This includes “look-alike” weapons, such as toy guns. Weapons and dangerous devices may include, but are not limited to the following: blackjacks, slingshots, metal knuckles, explosive substances, dirks, daggers, gas- or spring-operated guns, knives having a blade longer than three and one-half (3½) inches, folding knives having a blade that locks into place, razor blades, and clubs.

I. Use of a personal or City-issued tool or other equipment in a threatening manner toward another.

SEC. 15.3 REPORTING WORKPLACE VIOLENCE
Any employee who is the victim of a threat or act of violence, or any employee who witnesses such conduct, should immediately report the incident to their supervisor or other appropriate person in the chain of command. Should the employee perceive that they are in immediate danger of a violent act, or has just been victimized by a violent act, or is a witness of a violent act or imminent violent act, the employee shall whenever possible:

Agenda Item #9.6.

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A. Place themselves in a safe location.

B. If appropriate, call the Police Department or 911 and request immediate response of a police officer and be prepared to inform the police dispatcher of the circumstances and the exact location of where an officer is needed.

C. Inform Human Resources or the City Manager of the circumstances.

D. Complete a written report as soon as possible and submit the original copy to Human Resources.

E. Cooperate fully in any administrative or criminal investigation, which shall be conducted within existing policy and laws.

SEC. 15.4 REPORTING POTENTIAL FUTURE WORKPLACE VIOLENCE Employees who have reason to believe they or any employee may be the subject of a violent act in the workplace or as a result of their City employment, should immediately notify Human Resources or the City Manager.

SEC. 15.5 VIOLATION OF RULE
The City’s prohibition against threats and acts of violence applies to all persons in the City operation, including but not limited to City personnel, contract and temporary workers, customers, and anyone else on City property. Violations of this Rule by any individual may be followed by legal action as appropriate, which may include, but is not limited to, seeking a temporary restraining order and/or injunction on behalf of employees if the situation warrants such action. In additional to appropriate legal action, violations of this Rule by employees, including making a false report under this Rule, may lead to appropriate Disciplinary Action pursuant to Rule 13, up to and including termination.

RULE 16. POLICY AGAINST HARASSMENT, DISCRIMINATION, RETALIATION,

AND ABUSIVE CONDUCT
SEC. 16.1 GENERAL POLICY
The City is committed to providing a work environment that is free of discrimination, harassment, and retaliation. In keeping with this commitment, the City maintains a strict policy prohibiting harassment, including sexual harassment and takes reasonable steps to promptly correct discriminatory, harassing, and retaliatory conduct. This policy prohibits harassment in any form, including verbal, physical and visual harassment by or against any employee, intern, volunteer, applicant for employment, or vendor, or guest.

This policy applies to all of the City's activities, wages, reviews, leaves, training, benefits, and all other conditions and terms of employment.

As a general guideline, harassment can be avoided if employees act professionally and treat each other with respect.

Agenda Item #9.6.

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SEC. 16.2 PURPOSE OF POLICY
Federal and state law expressly prohibit discrimination and harassment of employees or applicants based upon race, color, national origin, religious creed, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical condition, age (40 and over), sexual orientation, sex, gender, gender identity, gender expression, genetic information, military or veteran status, marital status, or any other basis protected by applicable state or federal law, including association with individuals with these protected characteristics or perception that an individual has one or more of these protected characteristics.

The purpose of this policy is to establish a means to protect employees, applicants for employment, or guests from harassment. Additionally, this policy enforces the City's long-standing policy that all employees, applicants for employment, and guests should be able to enjoy a work environment that is free from all forms of unlawful discrimination or harassment. Discrimination, harassment, and retaliation constitute misconduct that can decrease work productivity, decrease morale and cause emotional and physical damage. Incidents of discrimination, harassment, or retaliation can result in serious economic implications such as high turnover, ineffective use of time during working hours, costly salaries paid for nonproductive work hours, and employee absences due to hearings and meetings related to discrimination, harassment, and retaliation complaints.

The further purpose of this Policy is to define and forbid discriminatory, harassing, and retaliatory conduct, to prohibit the condoning or perpetuating of such conduct, and to provide an efficient means for reporting and resolving complaints of discrimination, harassment, or retaliation against any individual who reports discrimination, harassment, or retaliation or who participates in an investigation of such reports.

SEC. 16.3 DEFINITION OF TERMS
A. Employee. An employee refers to any individual under the direction and control of the City under any appointment or contract of hire or apprenticeship, express or implied, oral or written. For purposes of this Policy, the term “employee” includes any individual who is an unpaid intern or volunteer of the City. The inclusion of any individual, including but not limited to unpaid interns and volunteers, in the definition of “employee” for purposes of this policy should not be interpreted to affect the applicability of any other policy or procedure of the City.

B. Legally Protected Category/Legally Protected Characteristic. Race, color, national origin, religious creed, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical condition, age (40 and over), sexual orientation, sex, gender, gender identity, gender expression, genetic information, military or veteran status, marital status, or any other protected basis under state, federal or local law, including association with individuals with these protected characteristics or perception that an individual has one or more of these protected characteristics.

Agenda Item #9.6.

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C. Discrimination. Discrimination is any action or conduct by which an employee is treated differently or less favorably than other employees similarly situated because the employee is a member of a Legally Protected Category or Characteristic. Examples of conduct that can constitute discrimination if based on an individual’s Legally Protected Category or Characteristic include, but not limited to, the following:

1. Failing or refusing to hire an individual based on their Legally Protected Category or Characteristic.

2. Terminating an individual from employment based on their Legally Protected Category or Characteristic.

3. Singling out or targeting an individual for different or less favorable treatment because of their Legally Protected Category or Characteristic.

D. Harassment. Harassment is any verbal, visual, or physical conduct based on an employee’s membership in a Legally Protected Category, the perception that an employee in a member of a Legally Protected Category, or the employee’s association with individuals in a Legally Protected Category, or perception that an individual has one or more of these Legally Protected Categories, that creates an intimidating, hostile or otherwise offensive working environment. Such conduct constitutes harassment when:

1. Submission to the conduct is made either an explicit or implicit condition of employment, or an unpaid internship or volunteer program;

2. Submission to or rejection of the conduct is used as the basis for an employment decision; or any decision related to an unpaid internship or volunteer program;

3. The harassment unreasonably interferes with an employee’s work performance by altering the work conditions so that a reasonable person may find it more difficult to do the job, or creates an intimidating, hostile, or offensive work environment.

Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, computer images, or cartoons regarding an employee’s Legally Protected Characteristic.

Harassment on the job is prohibited whether it involves co-worker harassment, harassment by a supervisor or manager, or harassment by third parties doing business with or for the City.

E. Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature all may Agenda Item #9.6.

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constitute sexual harassment when: (1) submission to such conduct is made a term or condition of employment; or (2) submission to or rejection of such conduct is used as basis for employment decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance by altering the work conditions so that a reasonable person may find it more difficult to do the job, or creating an intimidating, hostile or offensive working environment.

This definition includes potential forms of offensive behavior, such as the following:

1. Unwanted sexual advances.

2. Visual conduct, such as leering, making sexual gestures, displaying of sexually explicit jokes, derogatory images, and comments about an employee’s body or dress.

3. Verbal sexual advances or propositions.

4. Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes, or invitations.

5. Physical conduct, such as touching, assault, impeding, or blocking movements.

6. Retaliation for reporting harassment or threatening to report harassment.

Sexual harassment includes many forms of offensive behavior and may include harassment of a person of the same or opposite sex as the harasser.

Sexual harassment need not be motivated by sexual desire. Sexual harassment on the job is prohibited whether it involves co-worker harassment, harassment by a supervisor or manager, harassment by a subordinate, or harassment by third parties doing business with or for the City.

F. Abusive Conduct. 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, even when not due to an employee’s Legally Protected Category or Characteristic. It may include 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.

Workplace bullying, including off-duty cyber-bullying of employees, is strictly prohibited. While abusive conduct and bullying are not per se unlawful, such conduct does violate City policy and will not be tolerated.

Agenda Item #9.6.

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G. Retaliation. Taking adverse action against any employee because of (1) the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination, harassment, retaliation, or abusive conduct or (2) because of the employee’s participation in an employment discrimination, harassment, or retaliation investigation, proceeding, or hearing, or (3) because of such opposition or participation by a family member or close associate of the employee.

1. Protected Opposition. Protected opposition to perceived discrimination, harassment, retaliation, or abusive conduct includes, but is not limited to, threatening to file a discrimination, harassment, or retaliation complaint with any federal or state agency, or court, or complaining or protesting about alleged discrimination, harassment, retaliation, or abusive conduct to a supervisor, manager, co-worker, or other official. Protected opposition also includes a complaint or protest made on behalf of another employee or made by the employee’s representative. The City also prohibits retaliation against somebody closely related to or associated with the employee exercising such rights. Opposition not made in good faith, or made in a manner which disrupts the workplace, or which constitutes an unlawful activity, or which includes badgering or threatening of employees or supervisors is not protected.

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 Agenda Item #9.6.

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prohibited conduct under the City’s policy should contact a supervisor, Human Resources, 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 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 they have 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, Human Resources , 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.

Agenda Item #9.6.

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(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 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, Human Resources, 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.

Agenda Item #9.6.

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(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 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 Agenda Item #9.6.

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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. (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, Human Resources, or to the City Manager. Any employee who is found to have accepted any benefit from the City because they 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.

Agenda Item #9.6.

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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
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
San Jose Local Office
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 Agenda Item #9.6.

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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:
(a) Information and practical guidance regarding federal and state statutory laws about sexual harassment;
(b) Information about the correction of sexual harassment and the remedies available to victims of sexual harassment; and (c) Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation; (d) 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 Agenda Item #9.6.

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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.

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.

Agenda Item #9.6.

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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 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 Division. The City’s Administrative Services 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:

Agenda Item #9.6.

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1. Slurred speech;

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 Administrative Services 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.

Agenda Item #9.6.

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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 Administrative Services 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.

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 Agenda Item #9.6.

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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 Human Resources 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 Administrative Services Director.

6. Supervisors must notify Human Resources 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 Human Resources concurs that there is reasonable Agenda Item #9.6.

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suspicion of illegal drug possession, Human Resources 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 Human Resources.

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.

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.

Agenda Item #9.6.

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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 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.

Agenda Item #9.6.

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(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 Administrative Services 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 Administrative Services 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 Follow-Up Testing following the employee’s return from rehabilitation and/or treatment.

B. Documentation. When the City Manager, the Administrative Services 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 Administrative Services 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 Agenda Item #9.6.

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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 Human Resources. 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.

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, Agenda Item #9.6.

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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 Human Resources, 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 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.

Agenda Item #9.6.

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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 Human Resources 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 Administrative Services 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.

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 Human Resources 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.

Agenda Item #9.6.

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Every appointment, transfer, promotion, demotion, termination, or any other temporary or permanent change in status of employees shall be reported to Human Resources 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 Administrative Services 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. 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 20. WHISTLE BLOWING POLICY
SEC. 20.1 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.

Agenda Item #9.6.

-119-
SEC. 20.2 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. 20.3 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 bases for the complaints, reports or inquiries. They may be directed to the Administrative Services 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. 20.4 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.

Agenda Item #9.6.

EMPLOYEE ACKNOWLEDGEMENTS
Agenda Item #9.6.

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 #9.6.

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 #9.6.

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 #9.6.

CITY OF ST. HELENA
RESOLUTION NO. 2002-122

CONTINUING EMPLOYEE COMPUTER LOAN PROGRAM

RECITALS
One of the City’s goals is the effective use of technology to achieve improvementsto the delivery of quality servicesto the public and productivity of employees. In order for technology to realize this goal, it is critical that employees be well trained in its use.

The Computer Purchase Program has been in e?ect since May 27, 1997.It provides no interest loans to employees for the purchase of computer equipment for their home use. The City has realized the bene?ts from such a program by the employees being able to learn and experiment with the same software programs that they use at work, by using the computer at home in a more relaxed and self-paced environment.

This program is available to ?re department members, City Council members, regular and parttime employees.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

Approval of the continuance of the Employee Computer Purchase Program, a copy of which is attached and hereby made a part of this resolution, is hereby approved.

Approved at a Regular Meeting of the St. Helena City Council on September 10, 2002 by the following vote:

AYES: Councilmembers Toller, Potter, Bowers, Mayor Slavens NOES: None
ABSENT: CouncilmemberSavidge
ABSTAIN: None
APPROVE :
en Slavens
Mayor
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Agenda Item #9.6.

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PURPOSE
he goal of this program is to improxe organizational pioducti it b pur has and u e home computers b providing them with a modest ?nancial incentive o 0 so l i stiiking a reasonable balance between the bene?ts to the C1 and the employee, the loan program places tl e primary fnancial obligation on the employe for th u h ' ‘tl
compute hardware and softxxare \\lll1llIl£lI1Cld as istancc from Ila l-Cat h'ugh . dd ti n..

Goals
The effective use ofteclinology is one ofthe key strategies 2l\-'Z1ll2ll)l6to us in achieving our goals ofdeliverine.quality services to our customers and improving productivity. In order for technology to realize this promis , it i critical that employees be well trained in its use.

Prnpriini Bene?ts to the (‘itv
While the City encourages fomial training for the employees, the reality is that skill development will be much faster, and will occur in greater depth, if employees have computers at home with the same software that the City uses. This allows employees (on a \oluntary basis) to use these applications more frequently, explore their features in greater detail, and to do so at their leisure and pace in a comfortable en\ ironment. From a City cost perspective, it would be extremely expensixe for employees to devote this kind oftimc to training during \\ ork hours; and as a practical matter, would never be available. By providing an incentixe for employees to ht ve a computer at home with applications similar to the one at work, the City \\ ill bene?t significantlx in making more effective use ofinfomiation teclmology resources

PROGRAM FEATURES
0 Maxiniimiloan (IIMOIIIII. The City will lend employees up to $200 lot the purchas computer hardware and sot'tware. Regardless of the loan balance, employees may not hav more than one loan outstanding at any time.
9 Loan repayment. Repayment will he made through equal senii—m nthl) pavroll deduc on 0 monthly Fire Personnel Call Out Pay deductions over a maximum period ol'36 month Repayment in full will be accepted at any time without penalty to the emplove 9 Interest. No interest will be charged by the city on loans under thi progra O Payinent upon terminatio/i. Any remaining loan balance is due and pa} able upon termination, and will be deducted from the employee's ?nal check. 9 Eligibility Full-time employees who have successfully passed their probationary period. part-time employees eligible to accnie vacation bene?ts, and Fire Department members who meet the criteria listed on “Attachment A" are eligible to participate in this program In <lin.otlier.einp|o_\eecomputer purchase prograimloc P- .1 D ‘n tar ha pdated
CIT} OF ST. HELENA

EVIPLOYEE
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Agenda Item #9.6.

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32 addition, piifllulpzlll ll ha» no gannshments forcredit or aurposes. or similar iens i place at the time ofnppiicatioi n
9 Usage The predominate use of any computer equipment or software purchased under thi program is restricted to participants and their immediate family members. Any items so purchased will not be sold or otherwise transferred for the use of others until the City’s loan ' repaid in full

HARDVVAREAND SOFTWARE REQUIREMENTS
9 Hard ar aid ft r quir m i r k pt n the F" e Department to be periodicall updat
9 Hzmlwarc There are no speci?c hardware con?guration requirements, however, tl e employee’s home computer must be capable ofrunning the City’s standard office applications and desktop operating systems. Eligible hardware purchases include next computer upgrades to existing computers, printers, related taxes and shipping charges and extended warranty agreements offered a the time of purchase. 0 Software.Employees must purchase (or show proof of ownership) the City’s standard oftice applications and desktop operating systems as established by the City. In short, applications at home must be compatible with applications at work ifthis program IS to achiexe its goals.

No other softuare purchases are eligible under this program, ho\ve\ er, all participating employees must comply with all software licensingrequirements for their use of an_ hard“ are purchased under this program.
6 Non-eligible purc/mses Costs related to installation, training, repairs, telephone lines, online services, furnishings,or any other initial or ongoing costs are not eligible for funding under this program, and are the sole responsibilities ofthe employee. The City has no responsibility for support and maintenance for any purchases funded under this program.

PURCHASE AND LOAN PROCEDURES
There are several approaches available to employees in receiving loan funds under this program:
0 Pure/msc I/I}‘01lg/Ithe City. With the approval of the vendor, employees may purchase hardware and software through the City according to the Finance Department's standard purchasing policies and procedures. Any such requests must be consolidated at one-time in a format approved by the City and presented to the Finance Department for order placement.

These items will be delivered to the employee’s home whenever possible. Upon receipt ofall ordered items, the ?nal costs will be consolidated into one loan amount. 0 Reinibzzrseuientofcosts. Employees may directly purchase items and submit requests for reimbursement. Under this approach, all expenditures intist be made within a 90 day period, and submitted in one consolidated request for payment. While not a requirement ofthis program, employees are encouraged to review their proposed purchase with the Director of Finance to ensure that they will be eligible for reimbursement. No lunds will be advanced to employeesfor the purchase of loan items.
0 Co/ul2z'mm'onofupproac/res. A combination of approaches is allon able, however a I such payments must be made within 90 da_vs,and ?nalized into one loan amount. dm.otheremployee 10mplllEl‘pllt’n.ll.'1<f.' program.doc P epared by‘ Dawn \[ar:

Updated‘ 9 3 )2
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ed.

Agenda Item #9.6.

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33 INSURANCE
For their protection, employees shou (I provide adequate insurance coverage to protect their purchases against damages due to theft, fire, flood and lightning. The City does not assume any liability for damage or theft of items purchased under this program. All agreed upon payroll deductions will continue through ?nal payment even if the items funded from this program are not available f r the employe ‘s use for any reason whatsoever

TAX IMPLICATIONS
Questionsregarding tax consequences ofparticipa ion in this pro reputable tax advisor.

LOAN AGREEMENT
niployees \\il1 enter into :1 loan agre ment that ull sets fort Amount and term of the loan and the r sulting amount of deduct Employee’s authorization for the deduction to occur
Equipment funded under the loan.

Employee 5 understanding and agreement \ ith all the term 0 loan program.
9 Approx al ofthe loan agreement by the Director of Finance

PROGRAM ADMINISTRATION
The Finance Department is responsible for administering this program dnmntheramp oycc computer pun: mac prugrzun on
s f the City‘s employee computer
Prepared by: Dawn Mar::ha|E
Updated 9 3 0
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Agenda Item #9.6.

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Attachment A
CITY OF ST. HELENA

EMPLOYEE COMPUTER PURCHASE PROGRAM
Fire Department Member Eligibility
The criteria listed below has been developed to detemiirie eligibility of members of the Fire Department for the Employee Computer Purchase Program. The following criteria must be met for participation in the program"
6 Approval bv the Fire Department Association Scr eninrz mmittee before becoming eligible for this program
6 One year of continuoussen ice \V itli the Department
6 Member ‘call response’ history for each ofthe Sl‘( consecutive months prior to the applicatio date must meet or exceed the minimum level required for this program (see next item). n 0 The niinimimi level shall be twelx e (l2) ‘call responses’ per month. this is in addition to other minimumsthat may be in effect for deductions for other City programs. a) [fin any period the members ‘call response’ lei el falls below the minimum, the balance of the payment due for the period must be paid by the member on or before the l5"'of the subject month
b) lfthe members ‘call response’ level falls belou the minimum for two consecutive months, or three months within a calendar year, the City may elect to demand the full amount of the loan balance to become immediatelydue and payable.

The Fire Departnieiit Association will guarantee the City loan made to the Fire?ghter, in the event a on
dm nlller employee cnmpul 'r purc 1.1 c program 1 oc |'cp.m-(Jby Dawn MAI pdmcd. 9
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Agenda Item #9.6.

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35 City ol"St. Helena
EVIPLOXEE CO\/IPUTER PURCHASE PROGRAM LOAN AGREEMENT
Regular and Part—timeEmployees
mploye Department.
he Etb0\ namcd einplo e (Participatit the Ci of .Helena ( try) hereby elects to participatein the City‘s tnpl y compttt rpur ha e program in a rdan wt lit e follow ngt and conditions:
- The Fat ipant ha been provided \vitli a opy of the try tploy mputer purchase progtum, and agrees complv withall Program policies temis and conditions.
- Th i_ agr to provide the Pztrtictpaiittvttliaiio interest loan 0 I -purchase of compttter hardware andlnr ot \area the crtbed in the att. hed spccif at’ n h t.

I Th Part’ ipant h authort tli .i to make p Hd ductions as follows’ LOAN .~‘\iVlOUNT(not to exceed $3,000) 5
REPAYMENT TERM. Number of payroll periods (not to exceed 72) One time payment pztvrollof (date) 3
EqualEym?lll ' (data) through(date 5
' hi pa oll rl do to ) ntll begin a I n a pm tcal ftcr th loan agr merit has been executed, and ntll rcmattt
' place uti tl the otttstandittg loan balance has been paid in full lfduring the temi ofthts Agreement the t pa_ch ch i not sttflicient to fund tl deduct in f I‘ any reason, the Participant agrees to make it direct pavment to the City in tlte amount dttt. tlte d tc that the deduction nould otherwise ha\ e been made 0 The Pdl'ilClp2]l\lagr es that ttpoti tcnntiiation ot ll) employmentfor an reasoti, an_\ remaining amoun due utider this Agreement shall inintediat l_tbecome due and payable The Participant hereby authorize the City to withhold from lier/his ?nal paycheck (including wages, accumulated leave pay-off and any other compensation available) sufficient funds to pay any remaining amount due. The Participant freely and voluntarily agrees to such witltlioldingas a condition precedent to receivingthe bene?ts ofthis Agreement. Ifthe ?nal paycheck amottiit is instif?cietit to do tltis, the Participant agrees to repay the loan balance in full no later than her/his last workingday.
- Failure by the Pttrticipantto abide by the terms of this Agreement will result in the full amount of the outstanding loan balance becoming immediately due and payable. The Participant hereby grants to the City a security interest in the equipment in the amount ofthc loan or unpaid balance, and grants to the City the right to lieti or foreclose on such security interest in order to enforce its rights under this Agreement, in addition to any other rightsthe City may have at low‘or in equity.

I lfcither party brings a suit against the other party to enforce any rights tinder this Agreement. the prevailing party in such suit shall rccovcr reasonable attorney's fees and costs incurred in connection therewith. - This Agreement constitutes the complete agreement between the parties hereto. No oral agreement or understanding shall be of any force or effect to this agreement. This Agreement may only be cltttngedupon it tvrittcn document signed by the Participant atid the City.

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36 City of St. Helena

EMPLOYEE OMPUTER PURCHASE PROGRAM LOAN AGREEMENT
City Council Members
Emplo Department:

The above named employee (Participant) o the City ot'St. Helena (City) hereby elects to participate in the City’s employeeconiputer purchaseprogram in accordance with the followingtemis and C0l1dlIl0IlS PAR'l'lC[l’A\"I"
The Participant has been pro\ ided \\ ith a cop) ofthe City's employee ompute pur hase program and agre to compl with all Program policies, terms and conditions.

The ity agrees to provide the Participant with a no interest loan for l e purchase at computer hardware an r so?ware .1 described in the attached ‘peci?cation lieet.

The Participant hereby authorizes the City to malte pa roll detluctiois as to lows:

LOAN A‘\/IOUNT(not to exceed $3,000) 39
REPAYi\4II3NTTERM: Number ot payroll periods (not to exceed 2):

One time payment: payrollof (date) 3
Ecmalpayments: (date) through (data) S
This payroll deduction will begin as soon as practical after the loan agr ement has been executed, and will remain in place until the outstanding loan balance has been paid in full. lt'during the tei-i-nof this Agreement the net paycheck is not sufficient to fund the deduction for any reason, the Participant agrees to make a direct payment to the City in the amount due hy the date that the deduction would otherwise have been made Fhe Participant agrees that tipoii tennination of city employment for any reason. any remaining amount due under this Agreement shall immediately become due and payable Ilie Participant hereby authorizes the Cit) to withhold from hen his ?nal paycheck (including wages. accumulated leave pay-off and any other compensation available) stit?cient funds to pay any remaining amount due. The Participantfreely and voluntarily agrees to such withholding as it condition precedent to receiving the benefits ofthis Agreement. It‘the ?nal paycheck amount is insuf?cient to do this, the Participant agrees to repay the loan balance in tiill no later than her/his last working day.

Failure by the Panicipant to abide by the tenns of this Agreenient will result in the full amount at thi. oiitstaiidingloan balance becoming immediately due and payable. The Participant hereby grants to tl e City a security interest in the equipment in the amount of the loan or unpaid balance and grants to the Cl!) the right to lien or foreclose on such security interest in order to enforce its rights under this Agrceineiit, in addi ion to any other rights the City may have at low or in equity.
lfcither artv brings a suit avainst the other art ' P . ._ D to enforce anYriSlits under this Aureeiiient. _ the Prevailint:
- party in such stiit shall recover reasonable attorney's fees and costs incurred in connection therewith This Agreement constitutes the complete agreement between the parties hereto. No oral agreement o understanding shall be ofany force or effect to this agreement. This Agreement may oiil ' be changed upon a written document signed by the Participantand the City.

Prepared 1) Dawn Marslml
Updated‘l 9 7
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Agenda Item #9.6.

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37 City 01St. Helena

EMPLOYEE COMPUTER PURCHASE PROGRAM LOAN AGREEMENT
Fire?ghters
Employee Department.

The above named employee (Participaiit) of the City of St. I-lelena (City) hereb le Lst parti ipat in tl l employee computer purchase program in accortlaiice with the following tem1s lid on 1t - The Participant has been pl‘0VlLl('.‘d V~lUIa copy ofthe City 5 employe comp er pi rc ase pr .. ees to comply \\ ith all Program policies, terms. and conditions - The City agrees to provide the Participant with a no interest loan fo the purchase of computer hardware and/or software as de cribetl in the attached specifi 'ation she -t.

I The Participant hereb authorizes the l y to make deductions as follo v LOAN AMOUNT (not to exceed $3 000) S
REPAYMENT TERM: Number ofperiods (not to exceed 36):

One time payment: (date) 5
Equalpayments: (date) through(date) S
This deduction \\ ill begin as soon as practical alter the loan agreement has been xecuted, and will re rain in place until the outstanding loan balance has been paid in full. lfdtiriiig the term of this \greemeni the net che lc is not snfticient to fund the deduction tbr any reason, the Participant agre to min; a direct payment to the C ty in the amount dtie by the rules as set forth in “Attachment \". -v The Panicipant agrees that upon temiiiiatiun of city employment for any reason, any reniaining amount due under this Agreement shall iiniiiediatelybecome due and payable The Participant hereby authorizes the City t withhold from her his ?nal check (inclutling any compensation owed at such time) sufficiciit funds to pay am remainingamount due. The Participant freely and voluntarily agrees to such withholding as a condition precedent to receiving the bene?ts ofthis Agreement. lf the ?nal check amount is insuilicient to do this the Participant agrees to repay the loan balaiice in full no later than lier/liis last working day I Failure by the Participant to abide b the tenns ofthis Agreement \\'lll result in the full amount of the outstanding loan balance bccoiiiiiig immediately due and payable. The Participant hereby grants to the City a security interest in the equipment in the amount of the loan or unpaid balance, and grants to the City the right to lien or foreclose mi such security interest in oi'der to enforce its rights under this \gi‘cenient, in addition to an_ other rights the City may have at ion or in equity
- lfeither party brings a 'llll against the other party to enforce any rights under this ‘\grcement, the pr vailing party in such suit shall recover reasonable attomey’s fees and costs incurred in connection therewith. - l‘hisAgreement constitutes the omplete agreement between the panics hereto. '\'o oral agreement or understanding shall be ofany force or effect to this agreement. This Agreement may only be changed pon a nritten document signed by the Participant and the City.

PARTICIPANT.
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Agenda Item #9.6.

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35 ORDER AND REI \/LAJRSEMENT PROCEDURES

INTRODUCTION
The following outlines procedures f r participating in th Ci s employee computer purchase program There are thre basic approache a ailabl und r th program: purchase through the City reimbur em nt f r payn n s you dtrectl made our l , or a combination ofthese two approache
Regardless of the approach you take, it is important to s ress tint all documentationfor the loan must be consolidated and processed together at one time.

PURCHASE THROUGH THE CIT]
Eligible Vendors
All computer and printer purchases through the Cit) under this program will be made from Dell, Gateway 2000, or Micron. The Cit will attempt to put togcth r a computer, printer, and so ?ware package that will meet most at-home computer use needs and remain within the program’s $3,000 maximum loan amount
Purchasing Options:

CitjvSuggested Sramlard
The City \\ ill create one suggested minimum con?guration for a computer and printer. You are under no obligation to use these “suggested” standards; it IS offered solely for your convenience.

While the City will make all reasonable efforts in developing thissuggested con?guration to assure that it is likely to meet your needs for at-home computer use, no guarantees are made that it will do so. Employees who want to further research their needs and available options are encouraged to do so. Information is provided later in these guidelines for how to proceed in this CIISC.
lfyou choose this option, the following procedures will be used:
6 The Finance Department will provide you with a firm price quote from one ofthe companies listed above based on the suggested model and features for a computer and/or printer. 9 This quotation information will be attached to the loan agreement along with a copy ofthe program.
9 Beforethe order is placed, you must complete and sign the loan agreement, and submit it to the Director of Finance for approval.
0 If the amount of the purchase is greater than $3,000, you must pay the dit't'erencebefore the order is placed. This can be done in one oftwo ways: you can attach a check for the difference to your loan application made out to the company; or you can make out a check for the difference to the City.
0 Once the loan agreement is signed by you and the City, the order will be placed with the computer company.
dm.oll1eremployee computer pure ase pr epared by‘ Damn. ar -1 Lpdcncd 0 3 0 Agenda Item #9.6.

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Emplqi ea Determui d System
\ ou are uelconie to uorlt with an ofthe computer companie in arriving at your own needs an olutions How ver this must occur on your time d not the Cit s The follow in, proc edures ar for emplo ees \\l1 \\ ant to purchas Il1l‘Oll7llt Cit‘ , but d not want to b the "suggested” tandard
9 301 should \ Ol'i\dir etl Withthe omputer compan in ELlTlVll‘Jgat the model and f am 3 ou \ ant The can be ntacted at the nu her or addres es listed on the handout that will be pro ided The company will provide Ol \.\ itli a written price and feature quotation. 0 On ltl1dV deteim ned wl Ll \ ant purcha .th itvwi l reqiie tacon?mi quotation from the compan . There lpr bablyb a mall differ nee between the quot ure eiv and the it ’ quote due differing purclia 1 terms and conditons fo h iersus general onsuiner From thi point he proce s lS the sam as above The City suggest dcomput r tandardi hides Windoi 9 (.. ‘I Edition) and Of?c 2 O Smal Business Edition soft“ re While you ar strnngl encouraged to pure-ha c this combination at a minimum \ u must itlier include the purcha e of Windows 98 (or NT) Microsoft Woid Oand Exce 7 (t r Windon 98) with your order, or submit other pr fo legal ownership ofthis minimum soft“ ar tan l ird \\lil1)Ol.tl' oaii agreement

REIMBURSEMENT OF COSTS
You may also purchase eligible hardware and so ?ware directly yourself, and then be reimbur ed by the City. The following procedures should be used in this case:
6 Assemble all suppoiting documents (this will usually be paid receipts) for your reimbursement request; only one payment will be made.

Important note. Review by the City beforemakingyour purcliuse is not required,‘ however, be sure that ycmfiill) complt with the Cm '5 /iarrlmzrc mrlsoftwareI'equiI'emeIitsbefor e
doing so.
9 Prepare a miscellaneous expense form with receipts attached for payment to you that summarizesthe items you are requesting for reimbursement(forms are available in the Finance Department). V\hile your receipts can show that you spent more than $3,000, the request cannot be for more than this amount. No departmental approval ofthis voucher is required.
9 Submit the following loan package to the Director of Finance for approval:

Completed and signed loan agreement
Completed voucher with receipts and supporting docunieiitationattached. Your attachments must include proof ofpurchasc ownership of Windows 98 or NT, Microsoft Word 7.0 and Excel 7.0 (for Windovts 98). Whilenot required, you are strongly encouraged to purchase the entire Office 2000 Small BusinessEdition.

Important note 13s I forthin the program ll”p1Il‘Cl1tls nmst be marle wii/ii"/ill 90 day period pri r to r (]l!E'S!ll1g)'i?!mblH1Y€l)le‘Ill
diimtlicr employ c computer purclia e prn_r.1n doc Prepared by: Dawn l\l2ii'sliall Lpdiited: 9 3 02
c
1211yo \;
y wil
C ys to
s. '5
e 5 no
a
.
'0 c
I .0 '0
es
has been processed wit
rt eC1ty
led ti 1:; ’
Agenda Item #9.6.

cr
46 COMBINATION OF APPROACHES
You may use a conibination of approaches for example, purchase your computer through the Cit), and request reimbursement for a printer you purchased directly yourself. However, it will be a little more complicated to take this approach, because you will have to fully follow the procedures for both approaches. This means compiling one loan application that includes all of the necessary information for both approaches.

The most important thing to keep in mind if you take this approach is this‘ You must purclmse your “rt-i'mburml)Ic items” bafareyau reques! tl at the City pm'c/zasc something on your behalf
Why? Because \ve will only process one loan application 5 all the paperworlx needs to be 1 place before we order something for you. Once we process your loan application to purchase through the City, there simply won’t be an opportunity to add to it for something you directly purchased yourself.

SPECIFICATIONS
Please see the Finance Department for a list ofspeci?cations and sii- aested comput con?gurations by \ endor.
0 After approval by the
register and your dcduuxon \x ill begin as soon as prnctic Pn:p.'u'cdby: Dawn Marshall
Updated 9'3 0
mployec cmnpurcr purc se program 0;
‘ctor of Finance, payment w ll be ma IEC Agenda Item #9.6.

's|<, SD
M‘ I: II
41 e 0 owing: l1‘AB
Computer Purchase Program
Comguter Sgeci?cations
LUTE minimum sy‘tem that should
rocessor: INTEL PENTIUM IH PROCE
Memory . 128MB
Monitor: l h1ch D Di pla
Video Card: 3.. MB
Hard Drive: I .6 GB 2()O RPM
Flogpy Drix e l 44 MB 3. In Floppy D!
Onerating System. ‘ISWIN 98, ORTON ANTI
Keyboard: Ke board
Mouse: M . INT LLIMO g is
Modem: 56K Data/Fax '\/Iodem
CD ROM Drive: CD ROM 32x
Sound: Sound Card w speakers
Software: MS Office 98 Small Business Edition
Accessories: HP 820 Cse Primer
Battery Backup System
The minimum system should be expanded, ifpossible, to includ preference:
1) 700 - 733mhz Pentium Processor
2) Higher Resolution Video Card
3) MS Office 2000 Small Business Edition
4) Higher quality InkJet Printer or Laser Printer
700 X s y
"5 ch I 'skDrive

N VIRUS
E USE (en I h) Klt
(lxn.o!l:er.en1ploycecomputer purc use program x or
be conszdercd.
repairedby: Dam) vars :1 Updated 9 3 0-
e the follovxing,in order of
Th f
Q
Agenda Item #9.6.

'cs
«1
42 SLGV STED COl\/IPUTERCOl\FlC ATION
_ BY VENDOR

DELL GATEWAY MICRON
Phone Number: (800)274-7799 (800)779-2000 (888)742-4334 Brian Schneider Don Boyer Brian Thomburg Ext. 25323 Ext. 3-4587
Site Address: W\\ ix dell.com \\ wu r\v2k.coin \vww.micronpc.com Model‘ Dell Dimension XPS GatewayPerformance Millennia MAX GSI33 700 Deluxe with Mid-size tower
Processor: 500 MHz Pentium Ill Intel Pentium III 733 MHZIntel Pentium[1] Processor700 MHz Processor
Memory: l28MB SDRAM lZS\/[B IOOMH 128 MB 133MHz
Memory expandable to 384MB
Monitor: 17" .25tlp (l6“ Viewable EV700 17" Color 17" Micron 70ODx(16’’ Arm) Monitor (l5.9” Viewable Viewable Area) Area)
Video Card: 16MB AT! Rage 128 Pro 16MBAGP Graphics 32MB nvidin TNT 2 Pro 100MB ZIP Drive Accelerator
Hard Drive: 20.4GB ULTRA ATA 20GB 7200 RPM 136013 7200 RPM Floppy Drive: 1.44 MB (3.S") 1 44 MB (3 5") 1.44 MB (3.5 ’) Operating System: MS Win 98 2""Edition MS Win 98 2 “I Edition MS Win 98
Keyboard: Multifunction Keyboard MultifunctionKeyboard
? VlultifunctionKeyboard Mouse: MS Intellimouse MS lnlellipoint Mouse MS Intellimouse Modem: Coiicxant V.90 56K 3COM U.S. Roboti 3COM V.9O Data/Fa Telephoney Modem for 56K PCI Voice Wiiiiiiodcm
Windows Wiiiinodem 56K
CD ROM Drive: 48X Max Variable CD— 8X/32 DVD-ROM Drive 40‘( Variable Speed IDE ROM
Sound: Yamaha XG 64V SoiindblasterLive! Value 128 Voice PCl Waxetable Wavelable Sound with Digital Audio OnboardSound w Adven Output A\ 009 speak ‘r
Software: MS Office 2000 Small MS Of?ce 2000 Sm‘ l MS Office 2000 Small Business Edition, MS Business Edition,Norton Business Edition, Norton lntemet Explorer, MS Anti-VirusSoftwaie Anti-\ irus Software Bookshelf 2000 with
tutorials
Service: 3 Yr next business day 3 Yr Parts & Labor 3 Yrs Ne\t Bus ness Da) on-site service inc. pans LimitedWarranty. 1 Year oii-s te ervice 3 Yr Parts & labor On-Site Service Limited Warranty TOTAL* $1774 $2125 $2291 Accessories:
*Totals are estimatesonly and include shipping charges. but not sale ti.\ dnwlher employee compute: purc .I5(.' pr ‘X11111. DC Prv.-paredby Dawn Marshn? Updated 9 3 07
Agenda Item #9.6.

CITY OF ST. HELENA
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ST.

HELENA: (1) APPROVING THE

ADOPTION OF THE CITY OF
ST. HELENA’S 2023 UPDATED

EMPLOYEE HANDBOOK

SUPERSEDING PRIOR

VERSION(S) OF THE
HANDBOOK AND (2)

REPEALING AND RESCINDING

ANY PREVIOUS POLICIES OR

ADMINISTRATIVE

MEMORANDA WHICH ARE
INCONSISTENT WITH:
a. RESOLUTION 2002-122 –

EMPLOYEE COMPUTER

PURCHASE PROGRAM,
b. P-FI-0007 – GRANT

APPLICATION AND

MANAGEMENT POLICY,
c. P-FI-0012 – CITY

PROCUREMENT CARD
POLICY
d. P-FI-0013 – FRAUD
POLICY
e. P-FI-0014 – ACCOUNTS

PAYABLE PAYMENT

PROCESSING POLICY
f. P-FI-0015 – FUEL CARD
POLICY
g. P-FI-0017 – CASH

CONTROL POLICY
h. P-FI-0019 –

DISCONNECTION OF

WATER SERVICE FOR

NON-PAYMENT POLICY

RECITALS
Agenda Item #9.6.

WHEREAS, over the years, the City Council has adopted
various Council policies and provided direction to staff to review, amend, and present to City Council any
recommended changes to policy.

WHEREAS, as the City continues to embark on improved
efficiencies in accordance with Goal 7 – Organization
Effectiveness and Service Delivery, City staff has reviewed several Administrative and City Council adopted policies.

WHEREAS, on January 12, 2021, City Council adopted via
Resolution 2021-6 the current Employee Handbook, which is a comprehensive 191 page document and contains both
Administrative and Council policies and, as with any
document, there are certain typographical and formatting errors which need correcting and there are certain areas in which titles have been changed or have been updated since it adoption.

WHEREAS, additionally, since there are many items
incorporated into the Handbook that affect the City’s
recognized bargaining groups and certain aspects require meet and confer. While the Administrative policies
contained in the Employee Handbook do not require meet
and confer, since the City is updating the Handbook, all updates have been sent to each bargaining group asking if they would like to meet and discuss any of the changes and no meeting were requested.

WHEREAS, in accordance with: (a) following best practices; (b) Goal 7 – Organization Effectiveness and Service
Delivery; (c) having the ability to efficiently update/change outdated or obsolete policies; (d) having improved
efficiencies; and (e) correcting typographical/administrative updates to the Employee Handbook, staff has recommended to City Council certain policies and sections of the Employee Handbook be updated and transitioned to Administrative
Policies under the authority of the City Manager.

RESOLUTION
The City Council of the City of St. Helena hereby resolves:

Agenda Item #9.6.

1. Approves adoption of the City of St.

Helena 2023 Employee Handbook
(Exhibit A) superseding prior version(s)
of the Employee Handbook.

2. Repeals and rescinds any previous
policies or administrative memoranda
which are inconsistent with:
a. RESOLUTION 2002-122 –
Employee Computer
Purchase Program
b. P-FI-0007 – Grant
Application and
Management Policy
c. P-FI-0012 – City
Procurement Card
Policy
d. P-FI-0013 – Fraud Policy
e. P-FI-0014 – Accounts
Payable Processing
Policy
f. P-FI-0015 – Fuel Card
Policy
g. P-FI-0017 – Cash Control
Policy
h. P-FI-0019 – Disconnection of
Water Service Due to NonPayment Policy
Approved at a Regular Meeting of the St. Helena City
Council on August 8, 2023, by the following vote:

Mayor Paul Dohring: ____
Vice Mayor Eric Hall: ____
Council Member Anna Chouteau: ____
Council Member Lester Hardy: ____
Council Member Billy Summers: ____
APPROVED: ATTEST:

Agenda Item #9.6.

______________________
______________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos,
City Clerk
Agenda Item #9.6.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: August 8, 2023
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Art for “Quick-Build” Traffic Calming Project at the Intersection of Kearney Street and Madrona Avenue.

RECOMMENDED
ACTION:

None. This is an informational item and no Council action is required.

PREVIOUS COUNCIL
ACTION:

City Council approved proceeding with the project on
February 28, 2023.

STATEMENT OF THE
PURPOSE:

Informational Item: Public Works and Blue Zones wished to share with Council the artwork selected by Blue Zones in coordination with the St. Helena Unified School District.

FINANCIAL IMPACT: A minimal expense of staff time to coordinate and install the temporary traffic controls is anticipated. Staff time will be supplemented by volunteers coordinated by Blue Zones.

Staff will also expend time to conduct informal “before”, “during”, and “after” speed studies on Madrona Avenue to quantify the effect on vehicle speed. There are no direct capital expenses associated with this project.

BACKGROUND:

The City has partnered with the Blue Zones Project and the Napa County Bicycle Coalition to improve quality of life for our citizens. Our partnership identified a “quick-build” demonstration project that promotes active transportation, improves safety for students walking to school, and offers the potential to beautify our streets.

This project was presented to the Active Transportation and Sustainability Committee (ATSC) on December 6, 2022 and the ATSC voted to recommend the project to the City Council. On February 28, 2023, City Council approved proceeding with this project.

DISCUSSION:

This “quick-build” project will be temporary (about 3 months) and include installation of traffic control equipment that mimics the function of sidewalk bulb-outs and include new high-visibility crosswalk striping. At the end of the demonstration, the temporary traffic controls will be removed and only the high-visibility crosswalk striping will remain.

To facilitate volunteer participation in the project, Blue Zones has selected temporary artwork that will provide additional visibility to the simulated bulb-outs. Multiple dots of random size will be painted in the areas demarcated with the traffic delineators. Standard utility marking paint will be used to create the art. The blue and white colors of Robert Agenda Item #9.7.

Louis Stevenson Middle School and green and white colors of St. Helena Elementary will occupy opposing corners of the intersection.

Blue Zones Project has provided sample photographs of similar art used for another project to illustrate the art design.

Since standard utility marking paint will be used, the art will fade after a period of 3-6 months such that only the high visibility crosswalk marking will remain after the demonstration project is removed.

ENVIRONMENTAL REVIEW: Exempt.

DOCUMENTS ATTACHMENTS:

Sample Art for Quick-Build Project
Agenda Item #9.7.

Agenda Item #9.7.

1 Cindy Tzafopoulos
From: Carlotta Sainato <[email protected]>
Sent: Monday, August 7, 2023 1:48 PM
To: Public Comment
Subject: [External] St. Helena City Council 8/8 Mtg - Public Comment, Item 9.7 Hello Mayor Dohring and Councilmembers,
On behalf of the Napa County Bicycle Coalition, I would like to express our appreciation for City staff's partnership on the quick-build traffic-calming pilot project at Kearney and Madrona and ask that City Council approve the art for this project under agenda item 9.7.

The artwork was selected following feedback from the City's Active Transportation and Sustainability Committee, who indicated overall support for the project and expressed a preference for artwork that is visually appealing but not potentially distracting to road users. The project team believes this is accomplished through the dot artwork, while also demonstrating local school pride by incorporating the colors of the two schools this project serves.

NCBC is grateful for this partnership between our organization, the City of St. Helena, and Blue Zones Upper Napa Valley, and we look forward to seeing this project move forward as a step towards improving traffic safety and implementing Safe Routes to School recommendations in St. Helena.

Please feel free to reach out should you wish to discuss the project or our comment. Thank you, ‐‐
Carlotta Sainato (she/her)
Program Manager, Napa County Bicycle Coalition
(707) 258‐6317
www.napabike.org
᡼᡽᡾᡿ᢀᢁBecome an NCBC member today! ᡼᡽᡾᡿ᢀᢁ
Agenda Item #9.7.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: August 8, 2023
FROM: Yosselyn Valencia, Finance Manager
SUBJECT: Consideration and approval of a resolution approving Amendment #5 to the Professional Services Agreement in
connection with the project described as Professional Full Costs of Services and Development Impact Fee Study
Services with Willdan Financial Services for the amount of $10,300, with a total contract not-to-exceed $131,735, to complete and update the Development Impact Fee Study.

RECOMMENDED
ACTION:

Staff recommends City Council approved the attached
resolution.

PREVIOUS COUNCIL
ACTION:

The previous Willdan Financial Services contract
amendment was approved by the City Council July 25th,
2023.

STATEMENT OF THE
PURPOSE:

To provide consulting services for the City of St. Helena Development Impact Fee Study.

FINANCIAL IMPACT: The cost to amend the contract is a one-time expense of $10,300 for fiscal year 2024. There is no additional
budgetary impact to the fiscal year 2024 budget for the proposed recommendation. The budget appropriation was
approved with the fiscal year 2024 adopted budget.

BACKGROUND:

The last full cost recovery study for the City was completed in November 2011 and an updated fee schedule was adopted by City Council on March 27, 2012 by Resolution 2012-21. The last development impact fee study was completed in April 2013 and an updated development impact fee schedule was adopted by the City Council on November 12, 2013 through Ordinance 2013-2.

In September 2015, staff issued a Request for Proposals for a Full Cost Services and Development Impact Fee Study to include a cost allocation plan, user fee study, and a development impact fee study. On October 9, 2015 the City received four proposal which were reviewed by City staff and an outside consultant. In November 2015, the City selected Willdan Financial Services to conduct a Full Cost Services and Development Impact Fee Study and entered in to a professional services agreement on November 24, 2015 by Resolution 2015-146.

DISCUSSION:

Agenda Item #9.8.

The primary objective of the Development Impact Fee Study is to present fees that will enable the City to expand its inventory of public facilities, as a new development creates increases in service demands. Willdan Financial Services will provide an analysis of development impact fees needed to support future development in the City of St. Helena.

It is the City's intent that the costs representing future development's share of public facilities and capital improvements be imposed on that development in the form of a development impact fee, also known as a public facilities fee. The development impact fee program is to ensure that new development pays the capital costs associated with growth.

The City collects public facilities fees under authority granted by the Mitigation Fee Act (the Act), contained in California Government Code Sections 66000 et seq. The report will provide the necessary findings required by the Act for adoption of the fees.

The study involves identification of different analysis approaches: existing inventory, planned facilities, and system plan to allocate the costs of planned facilities to accommodate growth in compliance with the Mitigation Fee Act requirements. Willdan Financial Services was selected to conduct a Development Impact Fee Study and is available to conduct this analysis to prepare recommendations for the City's Impact Fees.

On July 25, 2023, City Council approved Amendment No. 4 in the amount of $13,000 for a total amount not-to-exceed $121,435 for additional work necessary to complete the Full Cost of Services Study. An additional amendment is required to update the data analysis to capture the growth cost and develop a rational basis for setting fees in the amount of $10,300 for a total amount not-to-exceed $131,735. After the analysis is complete, staff will return to Council to adopt the new Development Impact Fees. Staff is recommending the City of St. Helena to exercise the option to amend the contract for fiscal year 2024.

DOCUMENTS ATTACHMENTS:

Attachment 1 Willdan Contract Amendment _5
Attachment 2- Resolution
Agenda Item #9.8.

Attachment 1

THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL
SERVICES WITH WILLDAN FINANCIAL SERVICES.

This Fifth Amendment to Professional Services Agreement dated November 24, 2015 ("Agreement") is made as of this 8th day of August 2023 by and between the City of St. Helena, a municipal corporation ("City"), and Willdan Financial Services. ("Consultant").

RECITALS
A. On November 24, 2015, the City and Willdan Financial Services (Consultant) entered into the Professional Services Agreement (“Agreement”) for a Full Cost Services and Development Impact Fee Study for an amount not to exceed $81,540.00; and B. In November 2017, the City Council approved Amendment No. 1 via resolution No. 2017-51 to this agreement to increase the contract amount by $16,350.00 for a total notto-exceed amount of $97,890.00 to include impact fee studies for the water and wastewater systems which were not included in the initial agreement; and C. In October 2018, the City Council approved Amendment No. 2 via resolution No. 2018- 139 to this agreement to increase the contract by $4,500 for a total not-to-exceed amount of $102,390.00 to reassess the cost allocation plan due to the addition of two full-time firefighters, implementation of a compensation and classification study, and a Public Works reorganization that were not factored into the original cost allocation plan; and
D. In August 24, 2021, the City Council approved Amendment No. 3 via resolution No. 2021-107 to this agreement to increase the contract amount by $6,045.00 for a total notto-exceed amount $108,435.00 to include a commercial linkage fee analysis, which allowed Willdan to prepare recommendations for the amounts and classifications for a housing linkage fee and in conjunction with housing market data Willdan developed a pro forma and determine the affordability gap per unit for each income level by industry and occupation; and
E. In July 2023, the City Council approved Amendment No. 4 via resolution No. 2023-92 to this agreement to increase the contract by $13,000 for a total not-to-exceed amount of $121,345 for the updated data analysis required to prepare up-to-date recommendations for the city’s user fees; and
F. City has determined to adopt new development impact fees, the costs associated with development growth have risen over time, and a data analysis update is required to reflect the actual cost; and
G. During the updated data analysis will allow Willdan to capture rising growth cost data and prepare up-to-date recommendations for the city’s development impact fees; and H. City and Consultant desire to amend the Agreement to update and finalize the development impact fee study for an additional cost of $10,300; and Agenda Item #9.8.

Attachment 1

I. Amendment No. 5 in the amount of $10,300 to the Agreement for Consultant Services with Willdan Financial Services hereby approved and entered into on August 8, 2023; and
J. The total amended contract not-to-exceed $131,735.00.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Compensation
Amendment No. 5 in the amount of $10,300.00 to the Agreement for Consultant Services with Willdan Financial Services for a total amended contract not to exceed $131,735.00; and
All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.

CONSULTANT:

Signatures of Authorized Persons:

By: _____________________________

Print Name:_______________________
Title: ____________________________
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:
____________________________
City Attorney
ATTEST:
____________________________
City Clerk
Agenda Item #9.8.

Attachment 2
CITY OF ST. HELENA
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AUTHORIZING: AMENDMENT #5 TO A

PROFESSIONAL SERVICES AGREEMENT WITH

WILLDAN FINANCIAL SERVICES FOR THE AMOUNT OF
$10,300, WITH A TOTAL CONTRACT NOT-TO-EXCEED
$131,735, TO COMPLETE AND UPDATE THE USER FEE
STUDY.

WHEREAS, on November 24, 2015 City Council approved Resolution No 2015- 146 approving a Professional Services Agreement with Willdan Financial Services to provide a Full Cost Services and Development Impact Fee Study for an amount not to exceed $81,540.00; and
WHEREAS, in November 2017, the City Council approved Amendment No. 1 via resolution No. 2017-51 to this agreement to increase the contract amount by $16,350.00 for a total not to exceed amount of $97,890.00 to include impact fee studies of the water and wastewater systems which were not included in the initial agreement; and
WHEREAS, in October 2018, the City Council approved Amendment No. 2 via resolution No. 2018-139 to this agreement to increase the contract by $4,500 for a total not-to-exceed amount of $102,390.00 to reassess the cost allocation plan due to the addition of two full-time firefighters, implementation of a compensation and classification study, and a Public Works reorganization that were not factored into the original cost allocation plan; and
WHEREAS, in August 2021, the City Council approved Amendment No. 3 via resolution No. 2021-107 to this agreement to increase the contract by $6,065 for a total not-to-exceed amount of $108,235 for the analysis of the Affordable Housing Fees to prepare recommendations for the amounts and classifications for a housing linkage fee for St. Helena; and
WHEREAS, in July 2023, the City Council approved Amendment No. 4 via resolution No. 2023-92 to this agreement to increase the contract by $13,000 for a total not-to-exceed amount of $121,345 for the updated data analysis required to prepare upto-date recommendations for the city’s user fees; and Agenda Item #9.8.

Attachment 2
WHEREAS, The City has determined to adopt new Development Impact fees, the costs associated with development growth have risen over time, and a data analysis update is required to reflect the actual cost; and
WHEREAS, During the updated data analysis will allow Willdan to capture rising cost data and prepare up-to-date recommendations for the city’s development impact fees; and
WHEREAS, The City and Consultant desire to amend the Agreement to update and complete the development impact fee study for an additional cost of $10,300; and WHEREAS, the total amended contract with Willdan Financial Services will not exceed $131,735.00; and

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:

1. The City Council of St. Helena hereby approves the Amendment #5 to the contract with Willdan Financial Services for an additional $10,300.00 for a total contract amount not-to-exceed $131,735.00.

Approved at a Regular Meeting of the St. Helena City Council on August 8, 2023, by the following vote:

Mayor Paul Dohring: __________
Vice Mayor Eric Hall: __________
Council Member Anna Chouteau: __________
Council Member Lester Hardy: __________
Council Member Billy Summers: __________
APPROVED: ATTEST:
________________________ __________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.8.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration/Planning
DATE: August 8, 2023
FROM: Xinia Gamero, Permit Technician III
SUBJECT: Consideration for City Council approval for the nomination and election of the current Planning Commission Chair to serve a third term as outlined in the City Council Protocol for Committees, Commissions and Boards (Resolution
No.2014-45).

RECOMMENDED
ACTION:

It is recommended that the City Council approve the
attached resolution authorizing election of the current Chair of the Planning Commission (John Ponte) to serve
an additional term ending June 2024 as outlined per the City Council Protocol for Committees, Commission and
Boards.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

For the City Council to consider and approve the election of the current Chair of the Planning Commission to serve for a third term as outlined per the City Council Protocol for Committees, Commission and Boards.

FINANCIAL IMPACT: N/A
BACKGROUND:

Rule 1 of the Planning Commission By-Laws identifies that the Planning Commission shall elect a Chair and Vice-Chair at their first regular meeting of July.

DISCUSSION:

On July 18, 2023, the Planning Commission unanimously voted (3/3 vote) to elect current Chair John Ponte to serve as Planning Commission Chair for a third term. The Planning Commission bylaws do not include any provisions regarding term limits.

However, the City Council Protocol for Committees, Commissions and Boards (Resolution No.2014-45), has the following requirement for term limits and also a process if the Planning Commission unanimously votes to request current Chair serve a third term.

Planning Commissioner John Ponte's term of office expires June 30, 2025, and the appointment as Chair is separate from his term of office. "Committee Officers. Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless Agenda Item #9.9.