RESOLUTION NO. 2025-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADOPTING THE FISCAL YEAR 2025/26 OPERATING AND CAPITAL
BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED
THERETO
WHEREAS, on May 7, 2025, the Planning Commission of the City of Stanton, approved Resolution No. 2574, finding the Proposed Fiscal Year 2025/26 projects within the Capital Improvement Program (CIP) are in conformance with the City’s General Plan pursuant to California Government Code Section 65401; and, WHEREAS, the Proposed Fiscal Year 2025/26 Operating and Capital Budget is the basis for the financial and economic implementation of the City’s General Plan; and, WHEREAS, on May 27, 2025, the City Council of the City of Stanton, held a public meeting to review and discuss the recommendations for the Proposed Fiscal Year 2025/26 Operating and Capital Budget; and,
WHEREAS, the Proposed Fiscal Year 2025/26 Operating and Capital Budget provides for service levels necessary to respond to the needs of the community and which are deemed appropriate by the City Council, and concurrently provides a work force to fill these service needs; and,
WHEREAS, the City Council recognizes that the Proposed Fiscal Year 2025/26 Operating and Capital Budget will require adjustments from time to time, and accordingly, the City Manager is authorized to execute necessary transfers to carry out the scope of services as approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The Proposed Fiscal Year 2025/26 Operating and Capital Budget as shown in Exhibit A attached hereto on file with the City Clerk’s Office entitled “City of Stanton Proposed Budget for Fiscal Year 2025/26” is adopted as follows:
ATTACHMENT B
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RESOLUTION NO. 2025-21
SECTION 3. The legal level of budgetary control is at the fund level. Budgets may not legally be exceeded at the fund level without appropriate authorization by the City Council, except as provided herein. Budgeted amounts for individual classifications within a fund may be exceeded as long as the total annual budget for that fund is not exceeded.
SECTION 4. The following controls are hereby placed on the transfers of budgeted funds:
a) The City Manager may authorize transfers of funds from account to account within any department.
b) The City Manager may authorize transfers of funds from department to department within any fund.
c) The City Manager may authorize transfers of funds from one existing project to another existing project within any fund provided the project receiving the transfer of funds meets the eligibility requirements of the funding source of the project providing the transfer of funds.
d) The City Manager may authorize increases in appropriations for a specific purpose where the appropriation is offset by unbudgeted revenues, which are designated for said specific purpose.
SECTION 5. All appropriations for outstanding encumbrances, unspent operating grant funds, and projects currently underway and remaining unexpended on June 30, 2025, as approved by the City Manager or their designee, are hereby appropriated to the Fiscal Year 2025/26 Operating and Capital Budget.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
Operating
Expenditures
Capital
Expenditures
Transfers
Between
Funds Total (1)
General Fund $ 35,533,645 $ - $ 358,325 $ 35,891,970
Special Revenue Funds 2,443,470 - 8,223,435 10,666,905
Capital Projects Funds - 7,387,835 - 7,387,835
Enterprise Funds 1,749,880 1,757,000 5,450,000 8,956,880 Internal Service Funds 3,267,140 - - 3,267,140
Total All City Funds $ 42,994,135 $ 9,144,835 $ 14,031,760 $ 66,170,730 (1) - Totals do not include the Stanton Housing Authority. (See Exhibit A to the Resolution.)
ATTACHMENT B
RESOLUTION NO. 2025-21
ADOPTED, SIGNED AND APPROVED this 10th day of June, 2025.
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2025-21 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on June 10, 2025, and that the same was adopted, signed, and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
ATTACHMENT B
RESOLUTION NO. SHA 2025-01
RESOLUTION NO. SHA 2025-01
A RESOLUTION OF THE STANTON HOUSING AUTHORITY OF THE CITY OF STANTON, CALIFORNIA, ADOPTING THE FISCAL YEAR 2025/26 OPERATING
AND CAPITAL BUDGET AND AUTHORIZING EXPENDITURES AND
APPROPRIATIONS RELATED THERETO
WHEREAS, the Housing Authority Board of the Stanton Housing Authority held a public meeting on May 27, 2025, to review and discuss the recommendations for the Proposed Fiscal Year 2025/26 Operating and Capital Budget; and,
WHEREAS, the Proposed Fiscal Year 2025/26 Operating and Capital Budget provides for service levels necessary to respond to the needs of the community and which are deemed appropriate by the Housing Authority Board, and concurrently provides a work force to fill these service needs; and,
WHEREAS, the Housing Authority Board recognizes that the Proposed Fiscal Year 2025/26 Operating and Capital Budget will require adjustments from time to time, and accordingly, the Executive Director is authorized to execute necessary transfers to carry out the scope of services as approved.
NOW, THEREFORE, THE HOUSING AUTHORITY BOARD OF THE STANTON
HOUSING AUTHORITY DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Housing Authority Board finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The Proposed Fiscal Year 2025/26 Operating and Capital Budget as shown in Exhibit A attached hereto is hereby approved and adopted.
SECTION 3. The legal level of budgetary control is at the fund level. Budgets may not legally be exceeded at the fund level without appropriate authorization by the Housing Authority Board, except as provided herein. Budgeted amounts for individual classifications within a fund may be exceeded as long as the total annual budget for that fund is not exceeded.
SECTION 4. The following controls are hereby placed on the transfers of budgeted funds:
a) The Executive Director may authorize transfers of funds from account to account within any department.
b) The Executive Director may authorize transfers of funds from department to department within any fund.
ATTACHMENT C
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RESOLUTION NO. SHA 2025-01
c) The Executive Director may authorize increases in appropriations for a specific purpose where the appropriation is offset by unbudgeted revenues, which are designated for said specific purpose.
SECTION 5. All appropriations for outstanding encumbrances and projects currently underway and remaining unexpended on June 30, 2025, as approved by the Executive Director or their designee, are hereby appropriated to the Fiscal Year 2025/26 Operating and Capital Budget.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED, SIGNED AND APPROVED this 10th day of June, 2025.
DAVID J. SHAWVER, CHAIRMAN
APPROVED AS TO FORM:
__
HONGDAO NGUYEN, AUTHORITY COUNSEL
ATTACHMENT C
RESOLUTION NO. SHA 2025-01
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
ATTEST:
I, Patricia A. Vazquez, Authority Secretary of the Stanton Housing Authority, Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No.
SHA 2025-01 has been duly signed by the Chairman and attested by the Authority Secretary, all at a regular meeting of the Stanton Housing Authority Board, held on June 10, 2025, and that the same was adopted, signed, and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________
PATRICIA A. VAZQUEZ, AUTHORITY SECRETARY
ATTACHMENT C
Account
No. Description
Actual
2023/24
Adopted
Budget
2024/25
Amended
Budget
2024/25 (1)
Proposed
Budget
2025/26
% Change
From
Adopted
Budget
PROJECTED REVENUE AND OTHER SOURCES
435100 Interest $ 398,969 $ 100,000 $ 250,000 $ 250,000 150.00% 435110 Unrealized Gains (Losses) 112,502 - - - 0.00%
436140 Tina Way/Pacific Ave. Property Rent 623,076 620,000 470,000 330,000 -46.77% TOTAL - PROJECTED REVENUE AND OTHER SOURCES 1,134,547 720,000 720,000 580,000 -19.44%
ESTIMATED EXPENDITURES AND OTHER USES
Salaries and Benefits
501110 Salaries-Regular 135,849 118,430 121,505 197,440 66.71% 501120 Salaries-Part-Time 2,115 1,985 1,985 1,820 -8.31% 502100 Retirement 31,779 31,360 31,620 54,155 72.69%
502105 Workers' Compensation 1,333 1,860 1,860 3,555 91.13% 502110 Health/Life Insurance 15,772 14,605 14,605 27,595 88.94% 502111 Medical In-Lieu Pay 319 440 440 4,225 860.23%
502115 Unemployment Insurance 151 100 100 250 150.00%
502120 Medicare/FICA 1,844 1,600 1,640 2,775 73.44%
502125 Leave Disbursals 68 - - - 0.00%
502130 Other Benefits 124 40 40 - -100.00%
Total-Salaries and Benefits 189,354 170,420 173,795 291,815 71.23% Maintenance and Operations
602100 Special Dept Expense 531 500 500 500 0.00%
602115 Postage 28 500 500 500 0.00%
602130 Clothing 2,487 2,500 2,500 2,500 0.00%
602140 Materials and Supplies 2,547 2,500 2,500 2,500 0.00% 603110 Building Maintenance - - 440 - 0.00%
604105 Utilities 55,637 50,000 50,000 50,000 0.00%
607100 Membership Dues - 4,800 4,800 - -100.00%
607110 Travel/Conference/Meetings - 1,500 1,500 1,500 0.00% 607115 Training - 2,000 2,000 2,000 0.00%
608100 Contractual Services 17,303 20,000 20,000 30,000 50.00% 608105 Professional Services 417,635 328,950 407,500 429,410 30.54% 610130 Tina Pacific Operating Expenses 161,771 243,825 201,085 243,825 0.00% 610131 Bad Debt Expense 80,565 40,000 70,000 40,000 0.00% 610135 Relocation Assistance 501,371 40,000 3,476,324 30,000 -25.00% 610230 Navigation Center (North SPA) 119,000 168,050 168,050 39,425 -76.54% 611110 O.C. Sanitation User Fee 24,292 25,000 28,750 30,000 20.00% Total Maintenance and Operations 1,383,167 930,125 4,436,449 902,160 -3.01% Allocated Charges
612105 Vehicle Replacement Charge 10,815 7,025 7,025 8,565 21.92% 612115 Liability Insurance Charge 9,551 13,890 19,960 18,915 36.18% 612140 Information Technology Charge 19,215 21,515 21,515 28,800 33.86% 614205 Admin Overhead 24,453 17,600 17,600 36,740 108.75% Total Allocated Charges 64,034 60,030 66,100 54.96% 93,020 City of Stanton
Special Revenue Fund
HOUSING AUTHORITY FUND (#285)
FISCAL YEAR 2025/26
EXHIBIT A
Account
No. Description
Actual
2023/24
Adopted
Budget
2024/25
Amended
Budget
2024/25 (1)
Proposed
Budget
2025/26
% Change
From
Adopted
Budget
City of Stanton
Special Revenue Fund
HOUSING AUTHORITY FUND (#285)
FISCAL YEAR 2025/26
Capital Outlay
760100 Demolition/Condemnation - 100,000 431,985 - -100.00% Total Capital Outlay - 100,000 431,985 - -100.00%
TOTAL - ESTIMATED EXPENDITURES AND OTHER USES 1,636,555 1,260,575 5,108,329 1,286,995 2.10% REVENUES OVER (UNDER) EXPENDITURES $ (502,008) $ (540,575) $ (4,388,329) $ (706,995) Note:
(1) - As of March 31, 2025
EXHIBIT A
RESOLUTION NO. 2025-20
RESOLUTION NO. 2025-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,
REGARDING EMPLOYEE BENEFITS AND SALARY RATES FOR ALL CLASSES OF
EMPLOYMENT
WHEREAS, the City Council has historically adopted a resolution establishing the salary and benefits for all classes of employment; and
WHEREAS, Resolution No. 2025-10 included the most recent revisions to the salary and benefits for all classes of employment; and
WHEREAS, the City Council will review such resolution annually and make amendments as necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, RESOLVES AS FOLLOWS:
SECTION 1: Superseding City Council Resolution 2025-10 and all prior resolutions, and each of them in their entirety, the following salary ranges are assigned to the listed classes of employment. Annual compensation is equal to 26 bi-weekly pay periods. For full-time and part-time classifications, a minimum of six-months of City service is required to advance to the next pay step in the salary range for all appointments at pay step A; and one year of City service is required for appointments at higher than step A. Salary Ranges are included as Exhibit A. The monthly salary schedule is included as Exhibit B.
RANGE POSITION TITLE Annual
Minimum
Annual
Maximum
1 Administrative Clerk $46,209 $58,976
1 Facilities Maintenance Worker I $46,209 $58,976
5 Senior Administrative Clerk $51,006 $65,098
7 Family Support Advocate $53,588 $68,393
8 Facilities Maintenance Worker II $54,928 $70,103
10 Departmental Assistant $57,709 $73,652
10 Marketing Assistant $57,709 $73,652
10 Parking Control/Code Enforcement
Specialist
$57,709 $73,652
10 Permit Technician $57,709 $73,652
11 Accounting Technician $59,151 $75,494
12 Business License Specialist $60,630 $77,381
12 Planning Technician $60,630 $77,381
13 Senior Facilities Maintenance Worker $62,146 $79,315 16 Administrative Services Coordinator $66,924 $85,414
16 Community Services Coordinator $66,924 $85,414
16 Outreach Coordinator $66,924 $85,414
ATTACHMENT D
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RESOLUTION NO. 2025-20
18 Building Inspector $70,312 $89,738
18 Engineering Assistant $70,312 $89,738
19 Administrative Services Supervisor $72,070 $91,982
19 Code Enforcement Officer $72,070 $91,982
19 Senior Accounting Technician $72,070 $91,982
20 Management Analyst $73,872 $94,281
21 Assistant Planner $75,719 $96,638
21 Economic Development Specialist $75,719 $96,638
21 Housing Specialist $75,719 $96,638
22 Accountant $77,611 $99,054
22 Public Works Inspector $77,611 $99,054
25 Information Technology Specialist $83,579 $106,671
26 Associate Planner $85,669 $109,337
26 Code Enforcement/Parking Control
Supervisor
$85,669 $109,337
26 Community Services Supervisor $85,669 $109,337
26 Facilities Maintenance Supervisor $85,669 $109,337
26 Housing Associate $85,669 $109,337
26 Human Resources/Risk Management
Analyst
$85,669 $109,337
29 Associate Engineer $92,256 $117,744
31 Senior Public Works Inspector $96,926 $123,705
33 Civil Engineer $101,833 $129,968
33 Senior Planner $101,833 $129,968
35 Accounting Manager $106,988 $136,547
35 Administrative Services Manager $106,988 $136,547
35 Assistant to the City Manager $106,988 $136,547
35 Building Official $106,988 $136,547
35 Code Enforcement/Parking Control
Manager
$106,988 $136,547
35 Community Services Manager $106,988 $136,547
35 Public Works Manager $106,988 $136,547
36 City Clerk $109,663 $139,961
36 Human Resources Manager $109,663 $139,961
36 Planning Manager $109,663 $139,961
43 Assistant City Engineer $130,357 $166,366
43 Assistant Community and Economic
Development Director
$130,357 $166,366
51 Administrative Services Director $158,825 $202,705
51 Community/Economic Development
Director
$158,825 $202,705
51 Community Services Director $158,825 $202,705
51 Finance Director $158,825 $202,705
51 Public Works Director/City Engineer $158,825 $202,705 51 Public Safety Services Director $158,825 $202,705
ATTACHMENT D
RESOLUTION NO. 2025-20
53 Assistant City Manager $166,865 $212,967
City Manager $275,494
Part-Time Positions
Range Position Title Hourly
Minimum
Hourly
Maximum
1A Intern $17.52 $22.37
1A Recreation Leader $17.52 $22.37
1A Park Ranger $17.52 $22.37
1B Senior Recreation Leader $21.06 $26.88
1 Administrative Clerk Hourly $22.22 $28.35
2 Code Enforcement Technician $22.77 $29.06
10 Parking Control/Code Enforcement
Specialist Hourly
$27.74 $35.41
16 Community Services Coordinator Hourly $32.18 $41.06
16 Outreach Coordinator $32.18 $41.06
26 Human Resources/Risk Management
Analyst
$41.19 $52.57
SECTION 2: The following table designates the full-time position titles as non-exempt or exempt under the Fair Labor Standards Act (“FLSA”). All hourly part-time positions listed in Section 1 of this resolution are designated as non-exempt. Position titles designated as non-exempt are compensated overtime or compensatory time for hours actually worked in excess of forty (40) hours per workweek. Position titles designated as exempt are not eligible for overtime compensation under the FLSA, and will not receive overtime compensation for hours worked in excess of forty (40) hours per workweek.
FLSA DESIGNATION
POSITION TITLE
EXEMPT/NONEXEMPT
STATUS
POSITION
CATEGORY
City Manager Exempt Executive
Assistant City Manager Exempt Executive
Public Safety Services Director Exempt Executive
Public Works Director/City Engineer Exempt Executive
Finance Director Exempt Executive
Community Services Director Exempt Executive
Community and Economic Development Director Exempt Executive Administrative Services Director Exempt Executive
Assistant Community and Economic Development
Director
Exempt Management
Assistant City Engineer Exempt Management
Public Works Manager Exempt Management
Planning Manager Exempt Management
Human Resources Manager Exempt Management
ATTACHMENT D
RESOLUTION NO. 2025-20
Community Services Manager Exempt Management
City Clerk Exempt Management
Code Enforcement/Parking Control Manager Exempt Management Building Official Exempt Management
Assistant to the City Manager Exempt Management
Administrative Services Manager Exempt Management
Accounting Manager Exempt Management
Facilities Maintenance Supervisor Exempt Supervisory
Community Services Supervisor Exempt Supervisory
Code Enforcement/Parking Control Supervisor Exempt Supervisory Administrative Services Supervisor Exempt Supervisory
Civil Engineer Non-Exempt General
Senior Planner Non-Exempt General
Senior Public Works Inspector Non-Exempt General
Human Resources/Risk Management Analyst Non-Exempt General Housing Associate Non-Exempt General
Associate Planner Non-Exempt General
Associate Engineer Non-Exempt General
Public Works Inspector Non-Exempt General
Accountant Non-Exempt General
Assistant Planner Non-Exempt General
Housing Specialist Non-Exempt General
Information Technology Specialist Non-Exempt General
Economic Development Specialist Non-Exempt General
Management Analyst Non-Exempt General
Code Enforcement Officer Non-Exempt General
Senior Accounting Technician Non-Exempt General
Engineering Assistant Non-Exempt General
Building Inspector Non-Exempt General
Outreach Coordinator Non-Exempt General
Community Services Coordinator Non-Exempt General
Administrative Services Coordinator Non-Exempt General
Senior Facilities Maintenance Worker Non-Exempt General Business License Specialist Non-Exempt General
Planning Technician Non-Exempt General
Accounting Technician Non-Exempt General
Permit Technician Non-Exempt General
Parking Control/Code Enforcement Specialist Non-Exempt General Marketing Assistant Non-Exempt General
Departmental Assistant Non-Exempt General
Facilities Maintenance Worker II Non-Exempt General
Family Support Advocate Non-Exempt General
Senior Administrative Clerk Non-Exempt General
Facilities Maintenance Worker I Non-Exempt General
ATTACHMENT D
RESOLUTION NO. 2025-20
Administrative Clerk Non-Exempt General
SECTION 3: The City of Stanton will provide the following benefits:
I. RETIREMENT:
1. The City is a member of the California Public Employees Retirement System (CalPERS), pursuant to the California Public Employees Retirement Law (Cal.
Gov. Code § 30000 et seq.) (PERL), as amended by the Public Employees’ Pension Reform Act of 2013 (PEPRA) (Assembly Bill (AB) 340, Chapter 296, Statutes of 2012, and AB 197, Chapter 297, Statutes of 2012). The City shall provide a tax-qualified governmental defined benefit plan for all full-time miscellaneous class of employees through CalPERS, in accordance with the following provisions:
a. Employees who are CalPERS members are subject to provisions of PERL, as amended by PEPRA. PEPRA imposes requirements and limitations on public employment retirement benefits for public employees, including establishment of a category of employees defined in PEPRA as “new members”. Employees who were hired prior to January 1, 2013, or who otherwise do not fall within the definition of a “new member” under PEPRA, are referred to in this Resolution as a “classic member” under PEPRA. b. Employees hired on or before August 27, 2011, are described as “classic members” (Tier 1). Classic members’ (Tier 1) retirement benefits are based on the two percent at fifty-five (2% at 55) formula. The City shall pay the seven percent (7%) member contribution of their pensionable income to CalPERS as part of the required member retirement contribution. c. Employees hired on or after August 28, 2011, are also described as “classic members” (2nd Tier). Classic members’ (2nd Tier) retirement benefits are based on the two percent at sixty (2% at 60) formula. Tier 2 employees shall pay seven percent (7%) of their pensionable income to CalPERS as part of the required member retirement contribution.
d. Employees hired after January 1, 2013, and who are new to CalPERS, or have had more than a six (6) month break in CalPERS service, are subject to all laws, statutes, rules, and regulations of the Public Employees’ Pension Reform Act of 2013 (PEPRA or 3rd Tier). The new member retirement benefit formula is two percent at sixty-two (2% at 62). All new members shall pay at least fifty percent (50%) of the normal cost of the retirement contribution rate, or the current contribution rate of similarly situated employees, whichever is higher, to CalPERS as part of the required member retirement contribution.
e. All full-time and part-time employees who are CalPERS members will be covered by the 1959 Survivor Benefit. A $.93 bi-weekly deduction is required. This benefit consists of a monthly allowance, which may be paid to the employee’s surviving spouse and children and is paid along with other
ATTACHMENT D
RESOLUTION NO. 2025-20
death benefits and is payable whether or not the employee was eligible to retire at the time of death.
2. The City shall provide a retirement plan for all hourly part-time employees. Parttime employees are covered by the Public Agency Retirement Services Alternate Retirement System (PARS ARS). Employees contribute 7.5% salary contribution towards this program on a pre-tax basis. Upon separation from the City, hourly employees will receive one hundred percent (100%) of their contributions, plus any accrued interest.
II. INSURANCES:
1. The City shall pay the minimum required monthly contribution for medical insurance for active employees as required by the Public Employees’ Medical and Hospital Care Act (PEMHCA). To the extent required by the law, the City shall also contribute this amount for retirees.
2. The City shall pay the current Kaiser (OC) medical insurance premium for all eligible employees and two-thirds (2/3) of the additional Kaiser (OC) premium for eligible dependents. The individual employee shall pay the difference in the premium of the plan they choose, to be deducted from their salary. If a less expensive plan is selected by the employee, the employee shall receive the unused portion of the City’s contribution as a cash payment not to exceed one hundred dollars ($100.00) per month.
3. The City shall provide a medical insurance rebate program for full-time employees who are eligible for the City medical insurance program pursuant to Section II.2 above, and who are currently enrolled under a medical insurance program through a spouse or other source. Any employee for whom the City has approved waiver, the City shall compensate the employee in the amount of three hundred and fifty dollars ($350.00) per month with the exception of Department Heads. The City shall compensate the employees occupying these positions as follows:
Position Amount
Administrative Services Director $500
Assistant City Manager $500
City Manager $500
Community & Economic Development Director $500
Community Services Director $500
Finance Director $500
Public Works Director/City Engineer $500
Public Safety Services Director $500
4. The City shall contribute up to a maximum of twenty-three dollars and eight cents ($23.08) per pay period for each part-time employee, who has been employed by the City for at least one year, to be used at the employee’s discretion for designated
ATTACHMENT D
RESOLUTION NO. 2025-20
dental and/or vision benefits. Such City contributions shall only be used for designated dental and/or vision benefits as determined by the City or a cash payment.
5. The City shall provide dental insurance for all eligible employees and their eligible dependents. This is provided by a carrier of the City’s choosing. The City shall pay the current Delta Dental (PPO) premium amount for eligible employees and twothirds (2/3) of the additional Delta Dental (PPO) premium for eligible dependents.
6. The City shall provide vision insurance for all eligible employees and their eligible dependents. This is provided by a carrier of the City’s choosing. The City shall pay the current vision insurance premium for eligible employees and two-thirds (2/3) of the premium for eligible dependents.
7. The City shall provide term life insurance to full-time employees as follows:
a. The City will provide full-time employees with life insurance equal to a maximum of fifty thousand dollars ($50,000) per employee. b. The City will provide the City Manager with life insurance equal to a maximum of one hundred and fifty thousand dollars ($150,000).
8. The City shall provide short-term disability insurance for regular full-time employees up to sixty-seven percent (67%) of the employee’s weekly pre-disability earnings. However, the benefit shall not be more than two thousand dollars ($2,000.00) per week. Payment for any accident or sickness eligible under the short-term disability policy shall commence on the thirty-first (31st) day after the accident occurs or sickness commences and shall continue for no more than sixty (60) days.
9. The City shall provide long-term disability insurance for regular full-time employees up to sixty percent (60%) of the employee’s monthly pre-disability earnings.
However, the benefit shall not be more than five thousand dollars ($5,000) per month. If a disability qualifies under the long-term disability policy, benefits shall commence ninety (90) days after the accident occurs or sickness commences. An employee may not receive short-term disability insurance benefits and long-term disability insurance benefits at the same time.
10.In accordance with the California Labor Code, the City pays the rates for unemployment insurance for City employees as determined by the Employment Development Department.
11.Under the Workers’ Compensation Insurance Law of California, any employee injured on the job in the course of employment is entitled to disability compensation and medical care.
ATTACHMENT D
RESOLUTION NO. 2025-20
III. VACATION:
1. Employees occupying full-time positions shall accrue vacation according to the following schedule:
Months of Service Monthly Accrual Annual Accrual
1-60 8 96
61-120 12 144
121+ 16 192
2. Employees occupying part-time positions, who have completed one year of employment with the City, shall accrue vacation time expressed in working hours in accordance with the following:
Months of Service Monthly Accrual Annual Accrual
13-60 4 48
61-120 6 72
121+ 8 96
3. Department Heads and the City Manager are not eligible to accrue vacation.
4. Vacation will be credited bi-weekly on a prorated basis proportionate to a full working month. Upon separation from the City, employees shall be compensated at their then rate of pay for their accrued vacation to a maximum of 360 hours. The maximum number of vacation hours an employee can accrue at any time is 360 hours. An employee who has reached 360 accrued vacation hours will stop accruing hours and will resume accruing vacation hours only when the number of accrued vacation hours falls below the maximum 360 hours. Probationary employees shall begin accrual of vacation leave effective on their first day of employment. New employees shall not be eligible to take vacation leave until completion of six (6) months of continuous service. Probationary employees may request exceptions to this policy, which may or may not be granted by the City Manager, in his/her discretion. Upon termination or resignation, the accrual of vacation for full-time employees will be pro-rated based on the number of hours worked during the final pay period. Upon termination or resignation, the accrual of vacation for eligible part-time employees will be pro-rated based on the number of weeks employed during the pay period.
IV. HOLIDAYS:
1. For pay purposes, the following holidays are recognized as municipal holidays for employees. Said employees shall receive these holidays off with pay:
New Year’s Day (January 1)
ATTACHMENT D
RESOLUTION NO. 2025-20
Martin Luther King’s Birthday (third Monday in January) President’s Day (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (1st Monday in September)
Veteran’s Day (November 11)
Thanksgiving Day (every 4th Thursday of November)
Christmas Eve (December 24)
Christmas Day (December 25)
New Year’s Eve Day (December 31)
*One (1) Floating Holiday (discretion of employee)
*Two (2) Floating holidays between December 26 December 30 *Floating Holiday must be taken during each fiscal year (July 1 through June 30).
Floating holidays must be approved in advance by the Department Head.
2. Timesheet Entry: When a floating holiday is accrued and used, or when a holiday is observed by the City, employees shall record on their timesheets the hours that correspond with their regular workday shift within their established workweek schedule (i.e., employees on the four ten-hour day workweek (4/10) will record 10 hours for a holiday; employees on the five eight-hour workweek (5/8) will record 8 hours for a holiday; and employees on the nine eight-hour day workweek (9/80) will record 9 hours or 8 hours for a holiday as applicable.) a. In the event any of the above holidays fall on Sunday, the holiday will be observed on the following Monday.
b. If any of the above holidays falls on a Friday or Saturday, employees who work a Monday – Thursday (4/10) schedule, will accrue one day of floating holiday in their bank. Floating holiday hours will accrue in the same pay period as the actual holiday.
c. Employees who work on an alternate work schedule will accrue one (1) day of floating holiday leave if any holiday falls on the employees’ regularly scheduled day off. Floating holiday hours will accrue in the same pay period as the actual holiday.
3. Part-time employees, who have completed one year of employment with the City, shall receive five (5) hours of holiday pay for each holiday and floating holiday.
Holiday pay shall be computed at the employee’s basic hourly rate. Floating holiday hours will accrue in the same pay period as the actual holiday.
4. Employees must use accrued floating holiday hours by June 30 of each fiscal year, or the hours will be forfeited.
ATTACHMENT D
RESOLUTION NO. 2025-20
5. Each regular full-time and eligible part-time employee shall be eligible for one (1) floating holiday, Section IV.1, of his or her choice to be scheduled with the approval of his/her Department Head. Floating holidays not used will be forfeited.
Employees will be credited with this one (1) day of floating holiday at the beginning of each fiscal year. The number of hours will correspond with their regular workday shift within their established workweek schedule as outlined in Timesheet Entry, IV.2. Floating holiday hours not used by June 30 will be forfeited.
6. City services will be closed each year from December 26 through December 30 for Winter Holiday Closure. The City will provide full-time employees and eligible part-time employees with additional floating holiday pay for two (2) days between December 26 and December 30 that are the employee’s normal working days per Resolution No. 2014-41. Employees shall record on their timesheets the hours that correspond with their regular workday shift within their established workweek schedule as outlined in Timesheet Entry, Section IV.2. Some City facilities, programs, and services may be required to remain open during this period as deemed necessary by the Department Head or City Manager.
V. LEAVES OF ABSENCE
1. Full-time employee sick leave with pay shall accrue at the rate of eight (8) hours for each calendar month for a total of 96 hours per fiscal year. Part-time employees shall accrue four (4) hours for each calendar month for a total of 48 hours per fiscal year. No employee may accumulate more than two hundred fifty (250) hours of sick leave. Upon separation, termination or retirement, there is no payout of unused sick leave for both full-time and part-time employees.
2. An employee shall be eligible for paid bereavement leave to receive necessary time off, not to exceed one (1) day in any one (1) instance, to arrange for or attend a funeral of a member of his/her immediate family. Immediate family shall mean father, father-in-law, mother, mother-in-law, stepparent, brother, brother-in-law, sister, sister-in-law, spouse, domestic partner, child, grandparent, grandchild, legal guardian, or legal ward. The first day of bereavement leave, in any one instance, shall be with pay and shall not be chargeable to any other leave balance. Upon request to and written approval by the City Manager, an employee may in certain circumstances be eligible to receive additional necessary time off, not to exceed a maximum of five (5) days in any one (1) instance. The four (4) additional days of bereavement leave, if approved, shall be with pay and chargeable to the employee’s sick leave balance.
3. Voting Leave shall be provided in accordance with the California election Code, Sections 14000 and 14001, if a registered voter employee does not have sufficient time outside regular working hours within which to vote at statewide elections, he/she may take off such working time as will enable him/her to vote. A maximum of two (2) hours may be taken with pay.
ATTACHMENT D
RESOLUTION NO. 2025-20
4. Employees called to serve jury duty will be granted a leave of absence for a total of up to eight (8) days in any one calendar year provided any and all consideration, except travel reimbursement, received for such services is relinquished to the City.
Fees for Jury duty performed during hours other than regularly scheduled working hours may be retained by the employee. Under special circumstances the City Manager, or designated representative(s), may authorize additional time if said time will not interfere or become a burden to City activities.
5. An employee who is called to answer a subpoena as a witness in any matter relating to City business during the employee’s work hours shall be compensated at his/her regular rate of pay for all hours of absence from work due to answering the subpoena, provided the employee shows proof of such subpoena and deposits witness fees received for such hours, exclusive of mileage, with the City. Fees for answering a subpoena as a witness during hours other than regularly scheduled working hours may be retained by the employee.
6. Military leave shall be provided as set forth in the applicable California and federal law. An employee entitled to military leave shall give his/her Department Head 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 his/her military orders to his/her Department Head. The Department Head shall advise the Personnel Officer of such military orders immediately.
7. Reproductive loss leave shall be provided as set forth in the applicable California and federal law. Employees are eligible for reproductive loss leave if they have been employees for at least thirty (30) days prior to the leave’s start date and suffer a qualifying event. Eligible employees may take up to five (5) days when they suffer a reproductive loss event, which is the day, or the final day for a multiple day event, of one of the following:
a. Failed Adoption. The dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party.
b. Failed Surrogacy. The dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate.
c. Miscarriage. May be a miscarriage by the employee, by the employee’s current spouse or domestic partner, or by another individual, if the employee would have been a parent as a result of the pregnancy.
d. Stillbirth. May be a stillbirth resulting from an employee’s pregnancy, the pregnancy of an employee’s current spouse or domestic partner, or another individual if the employee would have been a parent as a result of the pregnancy.
e. Unsuccessful Assisted Reproduction. An unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This
ATTACHMENT D
RESOLUTION NO. 2025-20
event applies to the employee, the employee’s current spouse or domestic partner, or another individual, if the employee would have been a parent as a result of the pregnancy.
Reproductive loss leave is unpaid, but employees can use existing sick leave, vacation, floating holiday or compensatory time off that is otherwise available to the employee.
8. Time off for victims of qualifying acts of violence shall be provided as set forth in the applicable California and federal law. Employees may take time off for any qualifying act of violence, sexual assault and stalking, as well as causing bodily harm or death, exhibiting, drawing, brandishing or using a firearm or other dangerous weapon, or using or making threats of force to cause physical injury or death. Leave may be taken when the employee is the victim or for employees to assist family members who are victims of qualifying acts of violence, including threats. Family members include children, parents, parents-in-law, grandparents, grandchildren, siblings, spouses, domestic partners, or a designated person.
Employees may take time off for themselves and/or their family members to obtain medical care or to recover from an act of violence; to obtain counseling or mental health services or other services related to the act; to relocate or secure a new residence, school or daycare; to provide care to family members who are victims of violence to engage in safety planning; and/or for seeking legal services or participating in any civil or criminal legal proceeding, including seeking a temporary restraining order (TRO). If the employee is the victim, they may take a total leave allotment up to twelve (12) weeks. If the employee’s family member is the victim, the total leave available for an employee to assist in relocation is limited to five (5) days, with a total of ten (10) days for all reasons in a 12-month period.
9. A regular, part-time, or probationary employee shall be entitled to necessary time off with pay to participate in fitness tests, examinations and interviews required by the Personnel Officer during working hours for the purpose of determining eligibility for movement to another class or transfer from one position to another.
10.The Administrative Service Leave Program is designed for employees whose positions are characterized by: (1) a work time requirement which exceeds a normal workweek (2) mental application to work related matters during off duty hours (3) a continuing on-call status to address critical problems or issues (4) the inability of the incumbent to delegate all his/her work during vacations or other time off.
a. Administrative leave shall be provided on an annual basis to the following staff occupying these positions:
Position Hours
City Clerk 64
ATTACHMENT D
RESOLUTION NO. 2025-20
Code Enforcement/Parking Control Supervisor 40
Planning Manager 40
Human Resources Manager 40
Community Services Manager 40
Code Enforcement/Parking Control Manager 40
Administrative Services Manager 40
Accounting Manager 40
Public Works Manager 40
Building Official 40
Community Services Supervisor 40
Facilities Maintenance Supervisor 40
Assistant City Engineer 40
Assistant to the City Manager 40
Administrative Services Supervisor 40
Assistant Community and Economic
Development Director
40 b. Administrative leave shall be credited at the beginning of the fiscal year.
The City Manager shall have the discretion to increase the maximum amount of Administrative Service Leave, up to a maximum amount of sixtyfour (64) hours to the employees listed above. All Administrative Service Leave should be used within the fiscal year in which it is granted. Any Administrative Service Leave remaining at the end of the fiscal year will carry over to the following year, but will decrease the amount of Administrative Service Leave that is credited for the following fiscal year. c. Employees eligible for overtime pay may not participate in the Administrative Service Leave program.
11.Comprehensive Leave, in lieu of sick, vacation, administrative, or other paid leave, shall be provided on an annual basis to the following staff occupying these positions:
Position Hours
Administrative Services Director 300
Assistant City Manager 300
City Manager 480
Community & Economic Development Director 300
Community Services Director 300
Finance Director 300
Public Works Director/City Engineer 300
Public Safety Services Director 300
a. Every June 30th during the term of the employment agreement, Employee shall be paid at his/her then current rate of pay for all accumulated leave up
ATTACHMENT D
RESOLUTION NO. 2025-20
to the maximum per his/her employment agreement. On July 1st of each year during the term of the employment agreement, the total amount of comprehensive leave available to the employee shall be replenished to reach the maximum comprehensive leave accumulation limit provided above.
12.In compliance with the California Moore-Roberti Family Rights Act of 1991 (CFRA) and the Federal Family and Medical Leave Act of 1993 (FMLA), the City will provide up to 12 weeks in any rolling 12-month period, unpaid, job-protected medical leave to eligible employees, certain family members or “designated person” as defined by Government Code Section 12945.2, and in accordance with the City’s Personnel Rules Handbook.
13.A female employee disabled by pregnancy, childbirth or related medical conditions may take up to four (4) months of unpaid pregnancy disability leave per pregnancy, in addition to any family care or medical leave to which the employee may be entitled, in accordance with the City’s Personnel Rules Handbook.
14.The City may, at the discretion of the City Manager, grant an employee a leave of absence without pay for a period not to exceed six (6) months when an employee has exhausted all of his/her paid leaves. After the initial six (6) months, the Personnel Officer, in his/her discretion, may extend the leave for up to an additional three (3) months. However, unless otherwise required by law, in no circumstances shall the unpaid leave last longer than one (1) year. Leave without pay and without benefits is intended for unusual circumstances and approval will be evaluated based on the impact to departmental functions and work force levels.
VI. OVERTIME:
1. Employees designated as exempt are exempt from receiving overtime compensation.
2. Employees classified as non-exempt shall be paid at the rate of one and one-half (1½) times their regular rate of pay for all hours actually worked in excess of forty (40) hours during the normal workweek. Overtime is paid in increments of 15 minutes and shall be calculated to the nearest one-quarter (¼) hour of overtime worked. Overtime shall not accrue until the affected employee has worked at least forty (40) hours during a workweek. No overtime will accrue during any scheduled closure of City Hall if the affected employee is scheduled to work during such period except where the employee works more than forty (40) hours during a workweek.
VII. MISCELLANEOUS BENEFITS:
1. Automobile allowance shall be provided on a monthly basis to the following staff occupying these positions:
ATTACHMENT D
RESOLUTION NO. 2025-20
Position Amount
Administrative Services Director $300
Assistant City Manager $300
City Manager $400
Community and Economic Development Director $300
Community Services Director $300
Finance Director $300
Public Works Director/City Engineer $300
Public Safety Services Director $300
2. All regular and probationary full-time and part-time employees, who use one (1) or more alternative transportation methods (including carpool, vanpool, public transportation, bicycle, or walking) to get to and from work at least four (4) days for a calendar month, are eligible to receive an incentive of five dollars ($5.00) per day. Department Heads elected and appointed officials, temporary and contractual employees, volunteers, and any person who receives an automobile or transportation stipend from the City are excluded from participation in this program.
3. Cell phone allowance shall be provided on a monthly basis to the following staff occupying these positions:
Position Amount
Administrative Services Director $100
Assistant City Manager $100
City Manager $200
Community & Economic Development Director $100
Community Services Director $100
Finance Director $100
Public Works Director/City Engineer $100
Public Safety Services Director $100
4. The City shall provide employees who are required to utilize a cellular phone for business related purposes and do not receive a cell phone allowance with a City paid cellular telephone as deemed appropriate by the City Manager. The policy is to use this City issued phone for City business only.
5. Employees occupying the following positions who do not have City-issued cellular phones and require use of personal cellular phones in the conduct of City business are eligible to receive a monthly cellular phone stipend:
a. Code Enforcement/Parking Control Manager
b. Code Enforcement Officer
c. Code Enforcement/Parking Control Specialist
ATTACHMENT D
RESOLUTION NO. 2025-20
Eligible full-time employees shall receive an additional thirty dollars ($30) per month and part-time employees shall receive an additional fifteen dollars ($15) per month.
6. In accordance with 26 CFR 1.451-2, beginning for leave to be sold back in fiscal year 25/26, employees will be required to submit a written irrevocable election form prior to the year in which the leave is earned (the constructive receipt plan year), designating the amount of leave they are electing to sell back the following year.
Participation in the pre-election of vacation sell-back is optional. Employees who do not submit an irrevocable election form by June 30 of each year will be considered as opting out of the optional vacation sell-back for the following fiscal year. Employees who have submitted an irrevocable written election form and have reached three hundred fifty (350) hours of vacation accumulation may sell back vacation time to the City on the basis of two vacation hours for each vacation hour taken off by the employee during that fiscal year, up to a sell-back limit of eighty (80) hours. The sell-back of vacation time shall be limited to one time during the fiscal year.
7. The City shall provide full-time employees a flexible spending account program for eligible health care and dependent care expenses.
8. The City shall offer employees additional voluntary health, dental, life insurance coverage plan options.
9. The City shall offer employees a Deferred Compensation Program. Participation is voluntary and the City does not match or contribute to employees’ plan.
10.The City shall provide an Employee Assistance Program available to employees and their dependent family members.
11.The City shall provide a Sick Leave Incentive for the Prudent Use of Sick Leave. a. Regular full-time Regular full-time employees, who have used thirty (30) hours or less of sick leave during the prior fiscal year, shall be credited with twenty (20) vacation hours at the start of the new fiscal year. b. Regular full-time employees, who have used more than thirty (30) hours but not more than sixty (60) hours of sick leave during the prior fiscal year, shall be credited with ten (10) vacation hours at the start of the new fiscal year. c. Part-time employees, who have completed one year of employment with the City, and who have used fifteen (15) hours or less of sick leave during the prior fiscal year, shall be credited with ten (10) vacation hours at the start of the new fiscal year.
d. Part-time employees, who have completed one year of employment with the City, and who have used more than fifteen (15) hours but not more than thirty (30) hours of sick leave during the prior fiscal year, shall be credited with five (5) vacation hours at the start of the new fiscal year.
ATTACHMENT D
RESOLUTION NO. 2025-20
12.Regular employees and part-time employees who have been employed for one (1) year are eligible for educational expense reimbursement. Education reimbursement shall be limited to one thousand two hundred and fifty dollars ($1,250.00) per fiscal year per regular employee. Part-time employees are entitled to up to six hundred and twenty-five dollars ($625.00) per fiscal year per employee.
Education reimbursement may include books and tuition and shall not be made until such time as proper documentation is received by the Personnel Officer.
Reimbursement shall not be made is proper documentation is not submitted within sixty (60) days of completion of the course. Employees who terminate their employment prior to the completion of the authorized course work or prior to the receipt of a payment under this program will not be eligible for any reimbursement for such course work under this program. Employees who terminate employment within one year of the completion of the course will reimburse the City the funds used upon separation.
13.The City shall provide bilingual pay to employees assigned to regularly and frequently speak and/or translate a second language in the amount of forty-six dollars and sixteen cents ($46.16) for full-time employees and twenty-three dollars and eight cents ($23.08) for part-time employees, per pay period for each pay period such assignment continues.
14.The City shall provide an employee computer purchase program. Employees can avail of the opportunity to purchase a personal computer with an interest-free twoyear loan. Full-time employees, who have completed the one-year probationary period or part-time employees who have been employed with the City for over one year, are eligible to participate in this program.
15.The City will provide uniforms (pants and work shirts) for any employee who is required to wear a uniform as a condition of his/her employment.
16.The City shall provide a maximum of three hundred dollars ($300) per year for the reimbursement of safety shoes for any employee who is required to wear safety shoes as a condition of his/her employment.
17.For those not provided with an auto allowance, the City will reimburse an employee the current Internal Revenue Service mileage rate in effect per mile driven for authorized use of an employee’s private vehicle on City business. Employees that receive an auto allowance are not eligible for mileage reimbursement and must have a private vehicle available for use on City business.
18.Each employee assigned to on-call duty shall receive thirty-five ($35) per day such duty is performed. On call duty is defined as that period of time other than regularly scheduled work time during which an employee is subject to call-out to provide services which are the responsibility of the department in which he/she is employed. On-call duty assignments will be for two (2) weeks in duration at a time.
ATTACHMENT D
RESOLUTION NO. 2025-20
On-call duty assignments will begin on Monday at 6:00 am and end at 6:00 am on Monday two weeks thereafter the beginning of such assignment.
19.If an employee, who is not in the Administrative Service, is called back after 10:00 p.m. because of a request made, and the employee has completed his/her normal work shift and left the workstation, he/she is entitled to two (2) hours minimum of call-back pay. If an employee is called back between the end of their shift (4:30 p.m. for City Yard and 6:00 p.m. for Civic Center) and 10:00 p.m., the employee will receive one (1) hour minimum of call-back pay. If an employee is called back on his/her normal day off, he/she is entitled to two (2) hours minimum of call back pay. All payments for call-back pay shall be paid at the regular rate of pay unless such additional hours are in excess of forty (40) for the employee’s workweek wherein he/she will receive payment at one and one-half (1½) times the regular rate of pay.
SECTION 5: The City expressly reserves the right, in its sole discretion, at any time and from time to time, but upon a non-discriminatory basis, to amend or rescind any provision of this Resolution or any benefits or salary provisions, or to terminate any benefits or salary provisions. Such changes may apply to current and/or future employees, retirees, or their family members. All benefits in this Resolution shall be reviewed annually in their entirety.
SECTION 6: This Resolution shall become effective immediately upon its passage.
SECTION 7: The City Clerk shall certify to the adoption of this Resolution.
ADOPTED, SIGNED AND APPROVED this 10th day of June, 2025.
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTACHMENT D
RESOLUTION NO. 2025-20
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2025-20 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on June 10, 2025, and that the same was adopted, signed, and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
ATTACHMENT D
EXHIBIT “A”
Salary
Grade Hourly A Hourly B Hourly C Hourly D Hourly E Hourly F Monthly A Monthly B Monthly C Monthly D Monthly E Monthly F 1A $17.52370 $18.39989 $19.31989 $20.28585 $21.30017 $22.36522 $3,037.42 $3,189.33 $3,348.75 $3,516.25 $3,692.00 $3,876.67 1B $21.05981 $22.11275 $23.21836 $24.37936 $25.59824 $26.87823 $3,650.33 $3,832.92 $4,024.50 $4,225.75 $4,437.00 $4,658.92 1 $22.21583 $23.32657 $24.49288 $25.71760 $27.00338 $28.35364 $3,850.75 $4,043.25 $4,245.42 $4,457.75 $4,680.58 $4,914.67 2 $22.77120 $23.90978 $25.10519 $26.36049 $27.67857 $29.06248 $3,947.00 $4,144.33 $4,351.58 $4,569.17 $4,797.58 $5,037.50 3 $23.34049 $24.50749 $25.73289 $27.01947 $28.37052 $29.78900 $4,045.67 $4,248.00 $4,460.33 $4,683.33 $4,917.58 $5,163.42 4 $23.92393 $25.12013 $26.37613 $27.69500 $29.07970 $30.53368 $4,146.83 $4,354.17 $4,571.83 $4,800.50 $5,040.50 $5,292.50 5 $24.52209 $25.74818 $27.03556 $28.38741 $29.80670 $31.29706 $4,250.50 $4,463.00 $4,686.17 $4,920.50 $5,166.50 $5,424.83 6 $25.13508 $26.39188 $27.71143 $29.09705 $30.55194 $32.07951 $4,356.75 $4,574.58 $4,803.33 $5,043.50 $5,295.67 $5,560.42 7 $25.76348 $27.05165 $28.40430 $29.82450 $31.31566 $32.88147 $4,465.67 $4,688.92 $4,923.42 $5,169.58 $5,428.08 $5,699.42 8 $26.40762 $27.72797 $29.11439 $30.57008 $32.09856 $33.70351 $4,577.33 $4,806.17 $5,046.50 $5,298.83 $5,563.75 $5,841.92 9 $27.06773 $28.42118 $29.84218 $31.33439 $32.90110 $34.54609 $4,691.75 $4,926.33 $5,172.67 $5,431.33 $5,702.83 $5,988.00 10 $27.74452 $29.13173 $30.58834 $32.11774 $33.72359 $35.40977 $4,809.08 $5,049.50 $5,302.00 $5,567.08 $5,845.42 $6,137.67 11 $28.43807 $29.85998 $31.35298 $32.92061 $34.56663 $36.29503 $4,929.25 $5,175.75 $5,434.50 $5,706.25 $5,991.58 $6,291.17 12 $29.14908 $30.60648 $32.13679 $33.74367 $35.43089 $37.20242 $5,052.50 $5,305.08 $5,570.42 $5,848.92 $6,141.33 $6,448.42 13 $29.87778 $31.37169 $32.94023 $34.58728 $36.31660 $38.13240 $5,178.83 $5,437.75 $5,709.67 $5,995.17 $6,294.92 $6,609.58 14 $30.62474 $32.15597 $33.76376 $35.45189 $37.22456 $39.08579 $5,308.25 $5,573.67 $5,852.42 $6,145.00 $6,452.25 $6,774.83 15 $31.39030 $32.95985 $34.60781 $36.33828 $38.15512 $40.06289 $5,441.00 $5,713.00 $5,998.67 $6,298.67 $6,613.58 $6,944.25 16 $32.17514 $33.78384 $35.47299 $37.24669 $39.10907 $41.06443 $5,577.00 $5,855.83 $6,148.67 $6,456.08 $6,778.92 $7,117.83 17 $32.97948 $34.62847 $36.35984 $38.17782 $40.08675 $42.09107 $5,716.42 $6,002.25 $6,302.33 $6,617.50 $6,948.33 $7,295.75 18 $33.80393 $35.49410 $37.26883 $39.13235 $41.08886 $43.14337 $5,859.33 $6,152.33 $6,459.92 $6,782.92 $7,122.08 $7,478.17 19 $34.64902 $36.38152 $38.20054 $40.11060 $42.11617 $44.22194 $6,005.83 $6,306.17 $6,621.42 $6,952.50 $7,300.17 $7,665.17 20 $35.51533 $37.29109 $39.15562 $41.11339 $43.16905 $45.32754 $6,156.00 $6,463.75 $6,787.00 $7,126.33 $7,482.67 $7,856.75 21 $36.40321 $38.22336 $40.13445 $42.14116 $44.24830 $46.46064 $6,309.92 $6,625.42 $6,956.67 $7,304.50 $7,669.67 $8,053.17 22 $37.31322 $39.17890 $41.13780 $43.19473 $45.35447 $47.62215 $6,467.58 $6,791.00 $7,130.58 $7,487.08 $7,861.42 $8,254.50 23 $38.24605 $40.15841 $42.16627 $44.27455 $46.48836 $48.81275 $6,629.33 $6,960.75 $7,308.83 $7,674.25 $8,058.00 $8,460.92 24 $39.20218 $41.16234 $43.22041 $45.38151 $47.65056 $50.03304 $6,795.08 $7,134.83 $7,491.50 $7,866.17 $8,259.42 $8,672.42 25 $40.18226 $42.19137 $44.30090 $46.51597 $48.84174 $51.28390 $6,964.92 $7,313.17 $7,678.83 $8,062.75 $8,465.92 $8,889.25 26 $41.18687 $43.24619 $45.40844 $47.67886 $50.06283 $52.56603 $7,139.08 $7,496.00 $7,870.83 $8,264.33 $8,677.58 $9,111.42 27 $42.21648 $44.32737 $46.54371 $48.87085 $51.31437 $53.88010 $7,317.50 $7,683.42 $8,067.58 $8,470.92 $8,894.50 $9,339.25 28 $43.27186 $45.43549 $47.70727 $50.09260 $52.59729 $55.22715 $7,500.42 $7,875.50 $8,269.25 $8,682.75 $9,116.83 $9,572.67
EXHIBIT A
EXHIBIT “A”
Salary
Grade Hourly A Hourly B Hourly C Hourly D Hourly E Hourly F Monthly A Monthly B Monthly C Monthly D Monthly E Monthly F 29 $44.35373 $46.57143 $48.89993 $51.34495 $53.91220 $56.60788 $7,688.00 $8,072.42 $8,476.00 $8,899.75 $9,344.75 $9,812.00 30 $45.46252 $47.73569 $50.12249 $52.62855 $55.26002 $58.02305 $7,880.17 $8,274.17 $8,687.92 $9,122.25 $9,578.42 $10,057.33 31 $46.59917 $48.92904 $51.37553 $53.94434 $56.64153 $59.47360 $8,077.17 $8,481.00 $8,905.08 $9,350.33 $9,817.83 $10,308.75 32 $47.76410 $50.15228 $52.65994 $55.29289 $58.05751 $60.96043 $8,279.08 $8,693.08 $9,127.75 $9,584.08 $10,063.33 $10,566.50 33 $48.95825 $51.40611 $53.97641 $56.67405 $59.50897 $62.48447 $8,486.08 $8,910.42 $9,355.92 $9,823.50 $10,314.92 $10,830.67 34 $50.18218 $52.69121 $55.32585 $58.09208 $60.99672 $64.04650 $8,698.25 $9,133.17 $9,589.83 $10,069.33 $10,572.75 $11,101.42 35 $51.43670 $54.00859 $56.70897 $59.54446 $62.52167 $65.64768 $8,915.67 $9,361.50 $9,829.58 $10,321.00 $10,837.08 $11,378.92 36 $52.72258 $55.35872 $58.12666 $61.03301 $64.08461 $67.28891 $9,138.58 $9,595.50 $10,075.25 $10,579.08 $11,108.00 $11,663.42 37 $54.04065 $56.74275 $59.57983 $62.55888 $65.68682 $68.97110 $9,367.08 $9,835.42 $10,327.17 $10,843.50 $11,385.75 $11,955.00 38 $55.39170 $58.16124 $61.06930 $64.12285 $67.32895 $70.69540 $9,601.25 $10,081.25 $10,585.33 $11,114.67 $11,670.33 $12,253.83 39 $56.77653 $59.61533 $62.59608 $65.72584 $69.01218 $72.46282 $9,841.25 $10,333.33 $10,850.00 $11,392.50 $11,962.08 $12,560.25 40 $58.19592 $61.10570 $64.16096 $67.36901 $70.73750 $74.27442 $10,087.33 $10,591.67 $11,121.25 $11,677.33 $12,261.17 $12,874.25 41 $59.65081 $62.63338 $65.76498 $69.05325 $72.50596 $76.13119 $10,339.50 $10,856.42 $11,399.25 $11,969.25 $12,567.67 $13,196.08 42 $61.14210 $64.19918 $67.40918 $70.77960 $74.31857 $78.03453 $10,598.00 $11,127.83 $11,684.25 $12,268.50 $12,881.92 $13,526.00 43 $62.67151 $65.80582 $69.09390 $72.55043 $76.17539 $79.98343 $10,863.08 $11,406.33 $11,976.25 $12,575.42 $13,203.75 $13,863.83 44 $64.23741 $67.44922 $70.82172 $74.36285 $78.08097 $81.98498 $11,134.50 $11,691.17 $12,275.75 $12,889.58 $13,534.00 $14,210.75 45 $65.84338 $69.13553 $72.59223 $76.22190 $80.03291 $84.03460 $11,412.83 $11,983.50 $12,582.67 $13,211.83 $13,872.33 $14,566.00 46 $67.48939 $70.86393 $74.40712 $78.12741 $82.03381 $86.13544 $11,698.17 $12,283.08 $12,897.25 $13,542.08 $14,219.17 $14,930.17 47 $69.17661 $72.63547 $76.26721 $80.08061 $84.08468 $88.28891 $11,990.58 $12,590.17 $13,219.67 $13,880.67 $14,574.67 $15,303.42 48 $70.90604 $74.45140 $78.17397 $82.08265 $86.18680 $90.49612 $12,290.42 $12,904.92 $13,550.17 $14,227.67 $14,939.08 $15,686.00 49 $72.67872 $76.31263 $80.12830 $84.13466 $88.34140 $92.75854 $12,597.67 $13,227.50 $13,888.92 $14,583.33 $15,312.50 $16,078.17 50 $74.49567 $78.22040 $82.13149 $86.23803 $90.54998 $95.07746 $12,912.58 $13,558.17 $14,236.08 $14,947.92 $15,695.33 $16,480.08 51 $76.35805 $80.17601 $84.18477 $88.39401 $92.81367 $97.45435 $13,235.42 $13,897.17 $14,592.00 $15,321.67 $16,087.67 $16,892.08 52 $78.26696 $82.18032 $86.28939 $90.60384 $95.13406 $99.89080 $13,566.25 $14,244.58 $14,956.83 $15,704.67 $16,489.92 $17,314.42 53 $80.22370 $84.23485 $88.44661 $92.86901 $97.51243 $102.38808 $13,905.44 $14,600.67 $15,330.75 $16,097.33 $16,902.17 $17,747.25
EXHIBIT A
*Monthly Salary are approximate rates based on the hourly conversion. Council Approved: June 10, 2025 EXHIBIT “B”
City of Stanton
Monthly Salary Schedule
Effective July 1, 2025
RANGE NO. POSITION/MONTHLY SALARY
STEP A B C D E F
17.53 18.40 19.32 20.29 21.30 22.37
3037 3189 3349 3516 3692 3877
1A Intern
Park Ranger
Recreation Leader
1B 21.06 22.11 23.22 24.38 25.60 26.88
3650 3833 4025 4226 4437 4659
Senior Recreation Leader
22.22 23.33 24.49 25.72 27.00 28.35
3851 4043 4245 4458 4681 4915
1 Administrative Clerk
Facilities Maintenance Worker I
22.77 23.91 25.11 26.36 27.68 29.06
3947 4144 4352 4569 4798 5038
2 Code Enforcement Technician
24.52 25.75 27.04 28.39 29.81 31.30
4251 4463 4686 4921 5167 5425
5 Senior Administrative Clerk
25.76 27.05 28.40 29.82 31.32 32.88
4466 4689 4923 5170 5428 5699
7 Family Support Advocate
26.41 27.73 29.11 30.57 32.10 33.70
4577 4806 5047 5299 5564 5842
8 Facilities Maintenance Worker II
27.74 29.13 30.59 32.12 33.72 35.41
4809 5050 5302 5567 5845 6138
10 Departmental Assistant
Marketing Assistant
Parking Control/Code Enforcement Specialist
Permit Technician
EXHIBIT B
*Monthly Salary are approximate rates based on the hourly conversion. Council Approved: June 10, 2025 RANGE NO. POSITION/MONTHLY SALARY
STEP A B C D E F
28.44 29.86 31.35 32.92 34.57 36.30
4929 5176 5435 5706 5992 6291
11 Accounting Technician
29.15 30.61 32.14 33.74 35.43 37.20
5053 5305 5570 5849 6141 6448
12 Business License Specialist
Planning Technician
29.88 31.37 32.94 34.59 36.32 38.13
5179 5438 5710 5995 6295 6610
13 Senior Facilities Maintenance Worker
32.18 33.78 35.47 37.25 39.11 41.06
5577 5856 6149 6456 6779 7118
16 Administrative Services Coordinator
Community Services Coordinator
Outreach Coordinator
33.80 35.49 37.27 39.13 41.09 43.14
5859 6152 6460 6783 7122 7478
18 Building Inspector
Engineering Assistant
34.65 36.38 38.20 40.11 42.12 44.22
6006 6306 6621 6953 7300 7665
19 Administrative Services Supervisor
Code Enforcement Officer
Senior Accounting Technician
35.52 37.29 39.16 41.11 43.17 45.33
6156 6464 6787 7126 7483 7857
20 Management Analyst
36.40 38.22 40.13 42.14 44.25 46.46
6310 6625 6957 7305 7670 8053
21 Assistant Planner
Economic Development Specialist
Housing Specialist
37.31 39.18 41.14 43.19 45.35 47.62
6468 6791 7131 7487 7861 8255
22 Accountant
Public Works Inspector
EXHIBIT B
*Monthly Salary are approximate rates based on the hourly conversion. Council Approved: June 10, 2025 RANGE NO. POSITION/MONTHLY SALARY
STEP A B C D E F
40.18 42.19 44.30 46.52 48.84 51.28
6965 7313 7679 8063 8466 8889
25 Information Technology Specialist
41.19 43.25 45.41 47.68 50.06 52.57
7139 7496 7871 8264 8678 9111
26 Associate Planner
Code Enforcement/Parking Control Supervisor
Community Services Supervisor
Facilities Maintenance Supervisor
Housing Associate
Human Resources/Risk Management Analyst
44.35 46.57 48.90 51.34 53.91 56.61
7688 8072 8476 8900 9345 9812
29 Associate Engineer
46.60 48.93 51.38 53.94 56.64 59.47
8077 8481 8905 9350 9818 10309
31 Senior Public Works Inspector
48.96 51.41 53.98 56.67 59.51 62.48
8486 8910 9356 9824 10315 10831
33 Civil Engineer
Senior Planner
51.44 54.009 56.71 59.54 62.52 65.65
8916 9362 9830 10321 10837 11379
35 Accounting Manager
Administrative Services Manager
Assistant to the City Manager
Building Official
Code Enforcement/Parking Control Manager
Community Services Manager
Public Works Manager
52.72 55.36 58.13 61.03 64.08 67.29
9139 9596 10075 10579 11108 11663
36 City Clerk
Human Resources Manager
Planning Manager
EXHIBIT B
*Monthly Salary are approximate rates based on the hourly conversion. Council Approved: June 10, 2025 RANGE NO. POSITION/MONTHLY SALARY
STEP A B C D E F
62.67 65.81 69.09 72.55 76.18 79.98
10863 11406 11976 12575 13204 13864
43 Assistant City Engineer
Assistant Community and Economic
Development Director
76.36 80.18 84.18 88.39 92.81 97.45
13235 13897 14592 15322 16088 16892
51 Administrative Services Director
Community & Economic Development Director
Community Services Director
Finance Director
Public Works Director/City Engineer
Public Safety Services Director
80.22 84.23 88.45 92.87 97.51 102.39
13905 14601 15331 16097 16902 17747
53 Assistant City Manager
The annual salary for the City Manager is $275,494 ($22,958/mo.) effective 7/1/2024.
The monthly salary for City Council Members is $850, effective 3/5/2017.
Revision Effective Dates: 11/28/2012 04/25/2018 06/09/2020 07/01/2022 03/10/2015 06/12/2018 07/14/2020 07/18/2022
05/12/2015 09/11/2018 01/01/2021 07/02/2023
03/05/2017 03/18/2019 07/01/2021 07/01/2024
04/25/2017 09/24/2019 09/14/2021 04/22/2025
06/27/2017 11/12/2019 01/01/2022 07/01/2025
09/12/2017 01/01/2020 03/27/2022
02/27/2018 03/24/2020 05/16/2022
EXHIBIT B
EXHIBIT “A”
ARTICLE XI. WORKWEEK, OVERTIME AND PREMIUM PAY
Section1. Workweek.
A. The normal workweek shall be forty (40) hours consisting of four (4) consecutive ten (10)-hour work days within a period of seven (7) consecutive days starting at 12:01 a.m. on Sunday and ending at 12:00 a.m. midnight on the following Sunday.
The normal work schedule shall begin on Monday and end on Thursday; however, variations of this schedule may be necessary due to the hours of service of the various departments.
B. Employees shall be given a seven (7) day advance notice of a shift change whenever practicable. The notice requirement shall not apply when an employee agrees to a shift change with less notice, or when an emergency situation requires less notice.
C. No employee shall be permitted to work more than sixteen (16) consecutive hours except in an emergency situation.
D. This Section shall not prevent an employee or group of employees from requesting a modified work schedule.
Section 2. Overtime and Compensatory Time Off.
A. Distribution of Overtime.
(1) Overtime opportunities shall be made available on an equal basis to employees capable of performing the work.
(2) No employee shall work overtime unless such overtime has been authorized in advance by a Department Head, his/her designee, or the City Manager.
B. Notification of Employee. An employee who may be asked to perform overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin.
C. Calculation of Hours Worked. For the purposes of overtime and compensatory time off, “hours worked” shall only include those periods of time that the employee is required to be on duty or to be on the City’s premises or at a prescribed workplace, and all time during which an employee is suffered or permitted to work.
As such, time spent on a paid leave of absence shall not be included in the calculation of hours worked.
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D. Payment for Overtime.
(1) Employees not in the Administrative Service shall be paid at the rate of one and one-half (1½) times their regular rate of pay for all hours actually worked in excess of forty (40) hours during the normal workweek. Overtime is paid in increments of 15 30 minutes and shall be calculated to the nearest one-quarter (¼) hour of overtime worked. Time worked shall be rounded off as one (1) hour for 45 minutes and one-half (1/2) hour for 15 minutes. Overtime shall not accrue until the affected employee has worked at least forty (40) hours during a workweek. No overtime will accrue during any scheduled closure of City Hall if the affected employee is scheduled to work during such period except where the employee works more than forty (40) hours during a workweek. (2) Exempt and nonexempt status is determined by the Personnel Officer in accordance with all applicable laws.
(3) Time worked as overtime shall not be used to earn supplemental benefits or to serve out probation or merit salary increase periods.
E. Conversion of Overtime to Compensatory Time Off. Employees who have earned overtime compensation may elect to convert their overtime into compensatory time off at a rate of one and one-half (1½) hour for each hour actually worked in accordance with the following restrictions:
(1) The employee must elect to convert his/her overtime to compensatory time off prior to working the overtime. If the employee does not indicate a preference prior to working the overtime, overtime hours shall be paid. (2) Once compensatory time is credited, it can be used only as compensatory time off.
(3) Upon termination, resignation, or death, all accrued compensatory time off will be paid at the employee’s then-current salary rate.
(4) Employees may accrue up to forty (40) hours of compensatory time off. An employee who has accrued forty (40) hours of compensatory time off is required to receive monetary compensation for all additional overtime worked until the accrued amount of compensatory time off is less than forty (40 hours. (5) The minimum amount of compensatory time that may be taken at any one time shall be one-quarter half (¼1/2) hour.
(6) An employee who has requested the use of earned compensatory time shall be permitted, by the employee’s Department Head or his/her designee, to use such time within a reasonable period after making the request, if the use of the compensatory time does not unduly disrupt the operations of the department.
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If the request is not granted within one (1) year of the request, the employee will be paid for the compensatory time off at the employee’s current rate of pay.
Section 3. Rest Periods and Cleanup Time.
A. The City shall permit employees to take two (2) fifteen (15)-minute rest periods during the workday. Rest periods shall be scheduled by the Department Heads and include one (1) period in the first half of the workday and one (1) in the second.
Employees shall not leave City property or their work site during rest periods. The City shall also permit full time employees to take a one-hour lunch period. The City shall permit part-time employees who work more than five (5) hours in a day to take a one-half (½) hour lunch period. Employees shall not combine rest breaks together and shall not combine the lunch period with any rest break(s).
B. When necessary, authorized personnel may be permitted up to fifteen (15) minutes of paid time at the end of each work shift to perform such activities as cleaning up a work area, putting away tools, personal wash up and changing clothes.
C. Employees may not waive their break periods.
Section 4. Premium Pay.
A. On-Call Pay.
(1) On call duty is defined as that period of time other than regularly scheduled work time during which an employee is subject to call-out to provide services which are the responsibility of the department in which he/she is employed. A list of employees assigned to be available and ready to respond to a call-out will be established and updated as needed. On-call duty shall be determined and assigned at the sole discretion of the Public Works Director/City Engineer. (2) Each employee assigned to on-call duty shall receive thirty-five dollars two (2) hours pay at thirty-eight dollars and fifty cents ($35.00$38.50) per day hour for each week such duty is performed.
(3) On-call duty assignments will be for two (2) weeks in duration at a time. Oncall duty assignments will begin on Monday at 6:00 am and end at 6:00 am on Monday two weeks thereafter the beginning of such assignment. Failure to complete the entire scheduled period of on-call time may result in the employee not being compensated for any of the on-call time served and may result in disciplinary action. However, the Department may take extenuating circumstances into consideration. An employee who is unable to complete his/her on-call assignment due to illness or an emergency shall contact their supervisor immediately to notify them of their inability to complete their assignment. Employees unable to complete their assigned on-call duty due to illness or emergency will not receive the standard daily amount for the days they are unable to perform such duty. The supervisor may require
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documentary proof depending on the circumstances. Employees who fill-in for those unavailable for their scheduled on-call duty will receive the standard amount of thirty-five ($35) dollars per day.
(4) Employees assigned to on-call duty are required to do the following:
a. Carry a City provided cell phone.
b. Answer the phone immediately or return the call within ten (10) minutes of a voice message or text being left for the employee. c. Be prepared to respond immediately to the service call which includes refraining from any activities that might delay a timely response and must have access to transportation at all times.
d. Employees shall not consume, be impaired by or have in their biological system alcohol or drugs while performing on-call duty. All the provisions outlined in Article XXXIII. Drug Free Workplace shall apply to employee’s participation in on-call duty.
e. Employees shall remain within a thirty (30) mile driving distance at all times while on on-call duty.
f. Follow all City and Public Works policies and procedures while on-call. (2)(5) Employees will not be eligible to assume on-call duty if the employee is on vacation or on sick leave. The on-call pay program does not modify or eliminate the Public Works Department’s expectation that all Department employees may be called in or expected to respond in some manner in times of emergency or business necessity as determined by the Public Works Director/City Engineer or his/her designee.
B. Call-Back Pay. If an employee, who is not in the Administrative Service, is called back after 10:00 p.m. because of a request made, and the employee has completed his/her normal work shift and left the workstation, he/she is entitled to two (2) hours minimum of call-back pay. If an employee is called back between the end of their shift (4:30 p.m. for City Yard and 6:00 p.m. for Civic Center) and 10:00 p.m., the employee will receive one (1) hour minimum of call-back pay. If an employee is called back on his/her normal day off, he/she is entitled to two (2) hours minimum of call back pay. All payments for call-back pay shall be paid at the regular rate of pay unless such additional hours are in excess of forty (40) for the employee’s workweek wherein he/she will receive payment at one and one-half (1½) times the regular rate of pay.
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C. Bilingual Pay.
(1) The City Manager or his/her designee may, at his/her discretion, select and assign qualified employees additional duties as follows:
(a) An employee may be assigned to speak or translate a language in addition to English, including specialized communication skills such as sign language.
(b) Employees assigned to regularly and frequently speak and/or translate a second language shall receive an additional forty-six dollars and sixteen cents ($46.16) for full time employees and an additional twentythree dollars and eight cents ($23.08) for part-time employees per pay period for each pay period such assignment continues.
(2) An employee in a bilingual assignment may request to the City Manager to be relieved of such assignment.
D. Cellular Phone Stipend
(1) Employees occupying the following positions who do not have City-issued cellular phones and may require use of personal cellular phones in the conduct of City business are eligible to receive a monthly cellular phone stipend:
(a) Code Enforcement/Parking Control Manager
(b) Code Enforcement Officer
(c) Code Enforcement/Parking Control Specialist
(2) Eligible full-time employees shall receive an additional thirty dollars ($30) per month and part-time employees shall receive an additional fifteen dollars ($15) per month.
(3) E-mail, internet, text message and voicemail communications related to City business conducted on personal cell phones are considered public records and also subject to disclosure to the public pursuant to the California Public Records Act.
ARTICLE XIX. POLICY AGAINST HARASSMENT, DISCRIMINATION AND
RETALIATION
Section 1. Purpose and Policy.
A. Policy. The City of Stanton is committed to providing a workplace free of unlawful harassment, discrimination, and retaliation in accordance with applicable laws.
This includes sexual harassment (which includes harassment based on sex, pregnancy, perceived pregnancy, childbirth, breastfeeding, or related medical conditions), as well as harassment, discrimination, and retaliation based on such factors as race, color, religion, religious creed (including religious dress and
ATTACHMENT E
religious grooming practices), sex, national origin, ancestry, citizenship, age (40 years and older), mental disability and physical disability (including HIV and AIDS), legally-protected medical condition or information (including genetic information), protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), military and/or veteran status, service, or obligation, reserve status, national guard status, marital status, domestic partner status, gender, gender identity (including transgender identity), gender expression (including transgender expression), because an individual has transitioned (to live as the gender with which they identify), is transitioning, or is perceived to be transitioning), sex stereotyping, sexual orientation, status as a victim of domestic violence, sexual assault or stalking, enrollment in a public assistance program, engaging in protected communications regarding employee wages or otherwise exercising rights protected under the California Fair Pay Act, requesting a reasonable accommodation on the basis of disability or bona fide religious belief or practice, or any other basis protected by federal, state, or local laws.
The City strongly disapproves of and will not tolerate harassment, discrimination, or retaliation against applicants, employees, unpaid interns, or volunteers by managers, supervisors, co-workers or third parties with whom employees come into contact, consistent with applicable law. Similarly, the City will not tolerate harassment, discrimination, or retaliation by its employees directed toward nonemployees with whom the City employees have a business, service, or professional relationship (such as independent contractors, vendors, clients, volunteers, or interns).
Section 2. Definitions.
A. Harassment. Harassment is unwelcome verbal, visual, or physical conduct that creates an intimidating, offensive, or hostile work environment or that interferes with work performance when such conduct is based on an employee’s genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, physical, mental, or intellectual disability, medical condition, marital status, veteran status, sexual orientation, age, or any basis protected by applicable federal, state, or local law. Such conduct constitutes harassment when:
(1) Submission to the conduct is made either an explicit or implicit condition of employment;
(2) Submission to or rejection of the conduct is used as the basis for an employment decision; or
(3) The harassment unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.
B. Harassment Examples. 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 gender, genetic characteristics or information,
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race, color, national origin, ancestry, religion, creed, sex, physical, mental, or intellectual disability, medical condition, marital status, veteran status, sexual orientation, age, or any basis protected by applicable federal, state, or local law.
C. Sexual Harassment.
(1) Sexual harassment is unwanted sexual advances; requests for sexual favors; or visual, verbal or physical conduct of a sexual nature when: (a) submission to such conduct is made a term or condition of employment; or (b) submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or (c) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment. (2) This definition includes many potential forms of offensive behavior. The following is a list of some examples:
(a) Unwanted sexual advances.
(b) Offering employment benefits in exchange for sexual favors. (c) Making or threatening reprisals after a negative response to sexual advances.
(d) Visual conduct: leering, making sexual gestures, or displaying of sexually explicit jokes.
(e) Verbal sexual advances or propositions.
(f) Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body or dress, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations. (g) Physical conduct: touching, assault, impeding or blocking movements.
(h) Retaliation for threatening to or reporting harassment. (3) Sexual harassment can occur between members of the same or opposite sex. Sexual harassment on the job is unlawful whether it involves co-worker harassment, harassment by a Supervisor or manager, or harassment by anyone doing business with or for the City.
D. Supervisor. Any employee having authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or to effectively recommend that action, if, in connection with the foregoing, the exercise of that authority is not merely of a routine or clerical nature, but requires the use of independent judgment.
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Section 3. Mandatory Training.
A. Non-Supervisory Employees. All employees who are hired by the City will be given a copy of this Article, and will receive guidance on its provisions and the City’s commitment to provide a harassment-free, discrimination-free, and retaliation-free workplace.
B. Supervisory Employees.
(1) All Supervisors 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 nonSupervisory position or as a new employee shall receive training within six (6) months of their hiring or assumption of the Supervisory position. (2) Supervisory training will last for a minimum of two (2) hours. (3) Supervisory training will be conducted in a classroom or other interactive setting and will, at a minimum, cover the following topics:
(a) Information and practical guidance regarding federal and state statutory laws about harassment, including sexual harassment; (b) Information about the correction of harassment and the remedies available to victims of harassment; and
(c) Practical examples aimed at instructing Supervisors in the prevention of harassment, discrimination, and retaliation.
Section 4. Preventing Harassment and Discrimination. It is the responsibility of every City employee to contribute to a work environment that is free of unlawful bias, discrimination, harassment, and retaliation. Failure to bring forth a complaint prevents the City from having the opportunity to correct the situation. The City’s complaint procedure provides for a prompt, thorough and objective investigation of every harassment or discrimination claim, appropriate disciplinary action against one found to have engaged in prohibited harassment or discrimination, and appropriate remedies to any victim of harassment or discrimination. Employees should follow the following procedure to notify the City of harassment and/or discrimination:
A. Submitting a Complaint. Any incidents of discrimination, harassment, or retaliation, including work-related harassment by any City personnel or any other person, or any conduct believed to violate this policy, must be reported immediately. Complaints shall be made in writing to the Human Resources Manager Specialist. The complaint should include details of the incident(s), names of individuals involved, and the names of any witnesses. An individual is not required to bring a complaint to the Human Resources ManagerSpecialist if the individual is uncomfortable doing so for any reason. In that case, complaints should be reported to the Personnel Officer. If the Personnel Officer is involved in the
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reported conduct the complaint should be referred to the City Attorney who will coordinate with the City Council to review and investigate the reported conduct.
B. Managers and supervisors have a special responsibility under this policy. All levels of management and all supervisors are responsible for compliance with this Policy Against Harassment, Discrimination, and Retaliation AND for ensuring that everyone in their department is aware of, understands and adheres to this policy.
Supervisors and managers who receive complaints or who observe or learn of discriminatory, harassing, or retaliatory conduct must immediately inform the Human Resources ManagerSpecialist, unless the Human Resources ManagerSpecialist is involved in the reported conduct, in which case the complaint should be referred to the Personnel Officer, so that the investigation may be initiated.
C. Anonymous Reporting Portal. Employees may also submit complaints of harassment or discrimination through the City’s Anonymous Reporting Portal. The procedures for utilizing the City’s Anonymous Reporting Portal are set forth in Article XL of these Personnel Rules. Employee Protection Line. Employees may also submit complaints of harassment or discrimination through the City’s Employee Protection Line. The procedures for utilizing the Employee Protection Line are set forth in Article XXXIX of these Personnel Rules.
D. Investigation of Complaints. All incidents of harassment and discrimination that are reported must be investigated. The Personnel Officer, or City Attorney in cases involving the Personnel Officer, will undertake and/or direct a prompt, thorough, and objective investigation of the harassment or discrimination allegations. The investigation will be completed and a determination regarding the harassment or discrimination alleged will be made and communicated to the employee(s) who complained and the accused harasser(s). If the City determines that harassment or discrimination has occurred, the City will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment or discrimination. If a complaint of harassment or discrimination is substantiated, appropriate disciplinary action, up to and including discharge, will be taken. The City will also take appropriate action to remedy any loss to the employee resulting from the harassment or discrimination.
E. Employees may be placed on a paid administrative leave during an investigation until the conclusion of a discrimination or harassment investigation.
F. All employees should note that the failure to use the City’s complaint procedure may have an adverse effect on any claim under this Article if such claims are litigated.
Section 5. Confidentiality. The City will take all reasonable steps available to maintain the confidentiality of all complaints of harassment and discrimination as well as all information gathered during the investigation. However, employees may not make an
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anonymous complaint and the City cannot guarantee absolute confidentiality as disclosure of information is necessary to complete the investigation. All employees involved in the investigation of harassment or discrimination complaints will be admonished to keep all information related to the investigation confidential, and that revealing such information is grounds for discipline.
Section 6. Anti-Retaliation Policy. The City prohibits retaliation against any employee because of the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination or harassment; or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding, or hearing. Any retaliatory adverse action because of such opposition or participation will not be tolerated, and may also be unlawful.
A. Examples of Opposition. Opposition to perceived harassment or discrimination includes, but is not limited to, threatening to file or filing a harassment and/or discrimination complaint with the Equal Employment Opportunity Commission (“EEOC”), the Department of Fair Employment and Housing (“DFEH”), union or court, or complaining or protesting about alleged harassment or discrimination to a Supervisor, manager, co-worker or other official. Opposition also includes a complaint or protest made on behalf of another employee or made by the employee’s representative.
B. Examples of Participation. The City will not tolerate retaliation against any individual because he/she has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, hearing or litigation under federal or state harassment or discrimination statutes or at other hearings regarding protected employee rights, such as an application for unemployment benefits. The City also prohibits retaliation against somebody closely related to or associated with the employee exercising such rights.
C. Examples of Adverse Actions. For purposes of this Article, an adverse action can include, but is not limited to, the following acts, when the act is taken because of the employee’s opposition to harassment or discrimination, or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding, or hearing: 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.
Section 7. Additional Enforcement Information. In addition to the City’s internal complaint procedure, employees should also be aware that the EEOC and the DFEH investigate and prosecute complaints of harassment, discrimination, and/or retaliation in employment. You can contact the EEOC as follows: Los Angeles District Office, 255 East Temple, 4th Floor, Los Angeles, California 90012; 213-894-1000. You can contact
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the DFEH as follows: Los Angeles Office, 1055 W. 7th Street, Suite 14, Los Angeles, California 90017; 800-884-1684.
Section 8. The policies and procedures herein apply to the prohibited types of harassment, discrimination, and retaliation; and employees should feel free, without fear of retaliation, to follow the procedures set forth above if they believe they have been harassed, or discriminated or retaliated against. For more information contact the Personnel Officer.
ARTICLE XXI. LEAVES OF ABSENCE
Section 1. Paid Sick Leave.
A. Accumulation of Sick Leave. Regular full-time employees shall accrue paid sick leave at a rate of eight (8) hours for each month of service. All other employees shall accrue paid sick leave at a rate of (4) hours for each month of service. These rates of accrual may be prorated for any partial month worked. No employee may accumulate more than two hundred fifty (250) hours of sick leave. Once the employee’s accrual reaches two hundred and fifty (250) hours, the employee will be ineligible to accrue additional leave until the accrual amount drops below two hundred and fifty (250) hours.
Upon hire, the City Manager may, in their discretion, provide a bank of sick leave of up to two (2) weeks, to a new employee in recognition of prior public agency service.
B. Permitted Uses of Sick Leave. Sick leave may be applied to the following:
(1) An absence necessitated by an employee’s own or a family member’s illness or injury, defined to include diagnosis, care, or treatment of an existing health condition, among other things.
(2) An absence necessitated by the employee’s own or a family member's need for preventative care, defined to include medical, dental, or vision appointments. (3) An absence due to an employee’s exposure to a contagious disease when quarantine is imposed by health authorities or the advice of a physician when the presence of the employee at work would endanger the health of others. (4) An absence required by an employee who is the victim of domestic violence, sexual assault, or stalking, to: (1) attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or his or her child; (2) seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; (3) obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; (4) obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; or (5) participate in safety planning and take other actions to
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increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
For purposes of this Section, “family member” is defined as consistent with Labor Code section 245.5 (c), which generally includes child (including foster, legal ward, and those similarly situated), parent (including spouse’s parent, guardian, and those similarly situated), spouse, registered domestic partner, grandparent, grandchild, sibling, and designated person. Employer may require such paid leaves to be used, when available, in conjunction with any medical leave.
C. Request for Sick Leave. An employee shall contact his/her immediate Supervisor prior to or within one (1) hour of the commencement of their work shift to report illness and absence from work. Such contact shall be verbal and not by e-mail or SMS/text Message. Consideration shall be given to emergency situations that restrict the employee from contacting his or her immediate supervisor within the first hour of work including, but not limited to: accident, injury or hospitalization. Typically, unless there is good cause, three consecutive no call absences will be viewed as job abandonment.
D. An employee shall also notify his/her immediate supervisor before the employee leaves the work site prior to completion of the work shift due to illness.
E. When an employee has advance notice of the need for sick leave, such as when scheduling non-emergency medical, dental or vision appointments, the employee is required to notify his/her supervisor at least one (1) working day in advance of his/her need for Sick Leave.
F. Illness While on Paid Vacation. Illness while on paid vacation may be charged to sick leave rather than vacation only under the following conditions:
(1) The employee’s illness or injury was of a nature that would preclude the effective use of vacation and would prevent the employee from performing his/her normal duties.
(2) Within two (2) days of returning to work, the employee must provide his/her Supervisor with satisfactory medical evidence (i.e., a certificate from a physician who treated the employee) of the illness or injury. The medical evidence presented must state that the employee’s illness or injury occurred while the employee was on vacation and that the illness or injury precluded the employee from using his/her vacation, and that the illness or injury would have prevented the employee from performing his/her normal duties. However, the employee is not required to disclose the nature of the illness or injury.
The department shall be under no obligation to extend the vacation beyond the original scheduled vacation ending date.
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G. Prohibited Uses of Sick Leave. Sick Leave shall not be applied to any of the following:
(1) Absences which occur on a holiday.
(2) Absences that are not within the permitted uses for sick leave.
H. Minimum Increments of Sick Leave. The minimum charge to an employee’s sick leave account shall be one half one-quarter (¼1/2) hour. Partial use of a minimum increment will be rounded up to the next half hour. For example, an employee who is gone from work for two (2) hours and ten (10) minutes will be charged two and one0half (2½) hours of sick leave. Employees with a ten (10) hour workday may take up to ten (10) hours of sick leave per day. In no case may an employee take more sick leave hours than he or she was scheduled to work.
I. Medical Certification. An employee may be required to furnish a certificate issued by a licensed physician or registered nurse or other satisfactory evidence of illness, injury, medical condition or medical or dental office calls when the employee has been under the care of a physician. An employee may be required to furnish evidence of attendance at scheduled medical, dental or vision appointments. In addition, such evidence may be requested when an employee is absent for personal illness or injury for four (4) or more consecutive workdays. Said certification may also be required if there is reason to believe an employee is or will be abusing sick leave.
J. Unused Sick Leave. No employee shall be compensated for, or allowed to exhaust any accrued sick leave upon resignation, termination, dismissal, lay-off or death.
K. Sick Leave Incentive for the Prudent Use of Sick Leave. (1) Full Time Employees.
a) Regular full-time employees, who have used thirty (30) hours or less of sick leave during the prior fiscal year, shall be credited with twenty (20) vacation hours at the start of the new fiscal year, except when doing so exceeds the maximum accrual limits set forth in Section 1.A of this Article. b) Regular full-time employees, who have used more than thirty (30) hours but not more than sixty (60) hours of sick leave during the prior fiscal year, shall be credited with ten (10) vacation hours at the start of the new fiscal year, except when doing so exceeds the maximum accrual limits set forth in Section 1.A of this Article.
(2) Part Time Employees.
a) Part time employees, who have used fifteen (15) hours or less of sick leave during the prior fiscal year, shall be credited with ten (10) vacation hours at the
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start of the new fiscal year, except when doing so exceeds the maximum accrual limits set forth in Section 1.A of this Article.
b) Part time employees, who have used more than fifteen (15) hours but not more than thirty (30) hours of sick leave during the prior fiscal year, shall be credited with five (5) vacation hours at the start of the new fiscal year, except when doing so exceeds the maximum accrual limits set forth in Section 1.A of this Article.
L. Disability Retirement. Although sick leave can normally be used for non-industrial related injuries or illness, an employee who has requested a disability retirement, whether industrial or non-industrial, shall not be reimbursed for, or be allowed to exhaust, any unused sick leave. See California Government Code section 21163.
Section 2. Bereavement Leave. Upon request to his/her Supervisor, an employee shall be eligible to receive necessary paid time off, not to exceed one (1) day in any one (1) instance, to arrange for or attend a funeral of a member of his/her immediate family.
The first day of bereavement leave, in any one instance, shall be with pay and shall not be chargeable to any other leave balance. Upon request to and written approval by the City Manager, an employee may in certain circumstances be eligible to receive additional necessary time off, not to exceed a maximum of five (5) days in any one (1) instance.
These four (4) additional days of bereavement leave, if approved, shall be with pay and chargeable to the employee’s sick leave balance. The City Manager shall not approve this form of additional bereavement leave in an amount that exceeds the employee’s available sick leave balance. For purposes of this Section, immediate family shall mean father, father-in-law, mother, mother-in-law, stepparent, brother, brother-in-law, sister, sister-in-law, spouse, domestic partner, child, grandparent, grandchild, legal guardian or legal ward.
Section 3. Leave of Absence Without Pay. When an employee has exhausted all of his/her paid leaves, he/she may request a leave of absence without pay in accordance with this Section. The employee must submit a written request to the Personnel Officer for a leave of absence without pay, along with any supporting documentation. The Personnel Officer may, in his/her discretion, grant an employee a leave of absence without pay for a period not to exceed six (6) months. After the initial six (6) months of leave of absence without pay, the Personnel Officer may, in his/her discretion, extend the leave for up to an additional (3) months. In extraordinary circumstances, the Personnel Officer, in his/her discretion, may extend an employee’s leave for up to three (3) additional months. However, unless otherwise required by law, in no circumstances shall the unpaid leave last longer than one (1) year. Upon expiration of an approved leave of absence, the employee shall be reinstated in the position held at the time the leave of absence was granted. Unless otherwise provided, an employee on a leave of absence without pay shall not receive or accrue any employee benefits during the period of their leave of absence.
Section 4. Voting Leave. In accordance with the California Election Code, Sections 14000 and 14001, if a registered voter employee does not have sufficient time outside
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regular working hours within which to vote at statewide elections, he/she may take off such working time as will enable him/her to vote. A maximum of two (2) hours may be taken with pay. To receive time off for voting, the employee must notify his/her Department Head in advance. Employees who need Voting Leave, must take such leave at the beginning or end of the employee’s work shift, based on the needs of the Department and the employee’s schedule. The exact amount of time off work and the scheduling of time off shall be decided between the employee and his/her Department Head. Employees are required to present a voter’s receipt to their Department Head.
Section 5. Jury Duty Leave. An employee who is called or required to serve as a trial juror or witness will be excused from work during the period of such service or while present in court as a result of such call. Any employee on such a call will continue to receive normal salary for a total of up to eight (8) days in any one calendar year provided any and all consideration, except travel reimbursement, received for such services is relinquished to the City. Fees for Jury duty performed during hours other than regularly scheduled working hours may be retained by the employee. Under special circumstances the City Manager, or designated representative(s), may authorize additional time if said time will not interfere or become a burden to City activities. Upon return from court duty, the employee shall present a certificate of service to his or her supervisor.
Section 6. Witness Leave. An employee who is called to answer a subpoena as a witness in any matter relating to City business during the employee’s work hours shall be compensated at his/her regular rate of pay for all hours of absence from work due to answering the subpoena, provided the employee shows proof of such subpoena and deposits witness fees received for such hours, exclusive of mileage, with the City. Fees for answering a subpoena as a witness during hours other than regularly scheduled working hours may be retained by the employee.
Section 7. Absence Without Authorization.
A. When an employee has been absent without authorization from work for more than three (3) workdays, and in the opinion of the Department Head the employee has abandoned his/her position, the Department Head shall notify the Personnel Officer or a designee. The Personnel Officer, or a designee, shall notify the employee that the City has determined he/she has abandoned his/her position and that the employee has seven (7) days upon receipt of the notice to contact the City regarding his/her intent to return to work. Such notice shall be in writing and sent by certified mail or personal service to the last address listed in the employee’s personnel records.
B. Abandonment of position may include, but is not limited to:
(1) Where an employee fails to return to his/her employment upon conclusion of any authorized leave of absence;
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(2) Where an employee fails to properly notify by telephone or in writing his/her immediate Supervisor of absence due to sickness or injury, except as provided in Article XXII regarding family care or medical leave;
(3) Where an employee fails to appear for work without notification or express agreement between the Supervisor and the employee as to the use of any leave time set forth under the City’s personnel policies;
(4) Where an employee fails to keep his/her immediate Supervisor apprised of disability status on a daily basis unless otherwise directed by his/her Supervisor.
C. Where an employee fails to respond within seven (7) days to the notice of abandonment of position, the employee may be considered to have abandoned his/her position of employment with the City. Abandonment of position shall constitute an automatic resignation from the City service.
Section 8. Workers’ Compensation Leave.
A. Except as provided in Section 8.B, a temporarily disabled employee on leave for a work related injury shall receive his/her full salary for a period of temporary disability not exceeding six (6) months from and including the first day of temporary disability.
B. Should the employee be ruled eligible for retirement on a permanent disability pension before the expiration of the maximum time period in Section 8.A, such receipt of full salary will terminate upon the date of such retirement eligibility.
C. If the term of temporary disability of an employee exceeds six (6) months, all salary provided by the City shall cease except that the employee may request payment of his/her accumulated sick leave, vacation, or any combination of these leaves in order to supplement temporary disability payments. Such supplement may not result in payment of a salary in excess of what the employee would receive were he/she not disabled. The use of accumulated leaves shall cease as they are exhausted or upon termination of temporary disability payments, whichever occurs first.
Section 9. Military Leave. Military Leave shall be provided as set forth in the applicable California and federal law. An employee entitled to military leave shall give his/her Department Head 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 his/her military orders to his/her Department Head. The Department Head shall advise the Personnel Officer of such military orders immediately.
Section 10. Reproductive Loss Leave. Reproductive Loss Leave shall be provided as set forth in the applicable California and federal law. Employees are eligible for reproductive loss leave if they have been employees for at least thirty (30) days prior to the leave’s start date and suffer a qualifying event. Eligible employees may take up to five
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(5) days when they suffer a reproductive loss event, which is the day, or the final day for a multiple day event, of one of the following:
A. Failed Adoption. The dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party.
B. Failed Surrogacy. The dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate.
C. Miscarriage. May be a miscarriage by the employee, by the employee’s current spouse or domestic partner, or by another individual, if the employee would have been a parent as a result of a pregnancy.
D. Stillbirth. May be a stillbirth resulting from an employee’s pregnancy, the pregnancy of an employee’s current spouse or domestic partner, or another individual if the employee would have been a parent as a result of the pregnancy.
E. Unsuccessful Assisted Reproduction. An unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to the employee, the employee’s current spouse or domestic partner, or another individual, if the employee would have been a parent as a result of the pregnancy.
Reproductive Loss Leave is unpaid, but employees can use existing sick leave, vacation, floating holiday or compensatory time off that is otherwise available to the employee.
Section 11. Time Off for Victims of Qualifying Acts of Violence.
A. Employees may take time off for any qualifying act of violence, which is defined as domestic violence, sexual assault and stalking, as well as causing bodily injury or death, exhibiting, drawing, brandishing or using a firearm or other dangerous weapon, or using or making threats of force to cause physical injury or death. Leave may be taken when the employee is the victim or for employees to assist family members who are victims of qualifying acts of violence, including threats. Family members include children, parents, parents-in-law, grandparents, grandchildren, siblings, spouses, domestic partners, or a designated person.
B. Employees may take time off for themselves and/or their family members to obtain medical care or to recover from an act of violence; to obtain counseling or mental health services or other services related to the act; to relocate or secure a new residence, school or daycare; to provide care to family members who are victims of violence; to engage in safety planning; and/or for seeking legal services or participating in any civil or criminal legal proceeding, including seeking a temporary restraining order (TRO).
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C. If the employee is the victim, they may take a total leave allotment up to twelve (12) weeks. If the employee’s family member is the victim, the total leave available for an employee to assist in relocation is limited to 5 days, with a total of ten (10) days for all reasons in a 12-month period.
D. As a condition of taking leave, the City requires documentation or certification verifying the employee’s (or family member’s) status as a victim and need for leave (a police report, a note from a counselor or other medical professional, or a written statement certifying the need for leave from the employee). Employees must give the Human Resources Manager a copy of the notice given to the victim of each scheduled proceeding before taking time off, unless advanced notice is not feasible. When advanced notice is not feasible, the employee must provide the City with documentation evidencing the judicial proceeding, within a reasonable time after the absence. The documentation may be from the court or government setting the hearing, the district attorney or prosecuting attorney's office, or the victim/witness office that is advocating on behalf of the victim.
E. Employees may elect to use accrued sick leave, vacation, floating holiday or compensatory time off that is otherwise available to the employee. If the employee does not elect to use paid time off, the absence will be unpaid.
F. The City will provide reasonable accommodation for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
G. The City will maintain confidentiality to the extent feasible.
Section 12. Time Off for Selection Procedures. A regular, part- time, or probationary employee shall be entitled to necessary time off with pay to participate in fitness tests, examinations and interviews required by the Personnel Officer during working hours for the purpose of determining eligibility for movement to another class or transfer from one position to another.
Section 132. Administrative Service Leave.
A. The Administrative Service Leave program is designed for employees whose positions are characterized by:
(1) A work time requirement which exceeds a normal workweek. (2) Mental application to work related matters during off duty hours. (3) A continuing on-call status to address critical problems or issues. (4) An inability of the incumbent to delegate all his/her work during vacations or other time off.
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B. Incumbents of the following positions are eligible for the following amounts of Administrative Service Leave:
(1) City Clerk (64 hours)
(2) Code Enforcement/Parking Control Supervisor (40 hours) (3) Planning Manager (40 hours)
(4) Community Services Manager (40 hours)
(5) Administrative Services Manager (40 hours)
(6) Accounting Manager (40 hours)
(7) Human Resources Manager (40 hours)
(8) Code Enforcement/Parking Control Manager (40 hours) (9) Public Works Manager (40 hours)
(10) Building Official (40 hours)
(11) Community Services Supervisor (40 hours)
(12) Facilities Maintenance Supervisor (40 hours)
(13) Assistant City Engineer (40 hours)
(14) Assistant to the City Manager (40 hours)
(15) Administrative Services Supervisor (40 hours)
C. The crediting and use of administrative leave shall be in accordance with the following terms and conditions:
(1) Administrative Service Leave shall be credited to the incumbents at the beginning of the fiscal year. The City Manager shall have the discretion to increase the maximum amount of Administrative Service Leave, up to a maximum amount of sixty-four (64) hours, to the employees listed in Section 11.B, as he/she deems necessary.
(2) All Administrative Service Leave should be used within the fiscal year in which it is granted. Any Administrative Service Leave remaining at the end of the fiscal year will carry over to the following year, but will decrease the amount of Administrative Service Leave that is credited for the following fiscal year. (3) No employee may have more than his/her respective maximum credit limit accumulated in his/her Administrative Service Leave account at any time. (4) Employees eligible for overtime pay may not participate in the Administrative Service Leave program.
(5) The taking of leave is subject to approval of the City Manager and/or Department Head.
(6) Leave will be granted only when such absence will not result in additional salary costs to the City or disruption of City services.
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(7) The minimum charge to an employee’s Administrative Service Leave account shall be one-quarterhalf (¼1/2) hour.
Section 143. Fitness for Duty Leave. 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. Fitness for Duty Leave is intended to provide a safe environment, protect the health and welfare of employees and the public. If an employee feels that he/she is not fit to perform his/her duties, he/she must notify his/her Supervisor immediately.
A. Reasons for Fitness for Duty Leave. A paid Fitness for Duty Leave may be ordered in any of the following situations:
(1) An employee returns from a medical leave of absence of more than five (5) working days.
(2) An employee is involved in the interactive process with the City under Article IV, Section 2.
(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, and 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 or prescription drugs or alcohol shall be conducted in accordance with the City’s Drug-Free Workplace Policy.
B. Procedures for Ordering a Fitness for Duty Examination. When a Supervisor becomes aware of or observes behavior that makes him/her reasonably suspect that the employee may not be fit for duty, the Supervisor, shall refer the employee to the Personnel Officer who will schedule the employee for a fitness for duty examination.
If the circumstances warrant it, the Personnel Officer, after conferring with the employee’s Department Head, may place the employee on paid leave pending the results of the employee’s fitness for duty examination. The examination shall be paid for by the City.
C. Procedure Following Receipt of Examination Results. The doctor examining the employee shall be limited to finding the employee “fit for duty” or “fit for duty with restrictions” or “unfit for duty”. In the case of finding an employee fit for duty, the doctor may issue work restrictions. In no case shall the doctor reveal the underlying cause of the determination that the employee is fit or unfit for duty without the employee’s permission.
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(1) 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 his/her position. (2) Fit for Duty with Restrictions. If the doctor finds the employee is fit for duty with restrictions, the doctor shall specifically enumerate what restrictions are necessary and for how long those restrictions are necessary. The City shall then evaluate those restrictions, and determine if the City can reasonably accommodate those restrictions. If the employee’s restrictions are based on a disability as defined by the ADA and/or FEHA, the City shall engage in the interactive process as set forth in Article IV, Section 2.
(3) Unfit for Duty. If the employee is found to be unfit for duty, he/she shall not be permitted to work. He/She may request a leave of absence in accordance with the appropriate provision(s) of these Personnel Rules. If the employee can provide certification of fitness for duty prior to the exhaustion of all paid and unpaid leave that he/she is entitled to under these Personnel Rules, the employee shall be returned to work. However, if such certification is from the employee’s own health care provider, the City may request a second opinion from a doctor of its choosing and at its cost to evaluate the employee under the requirements of this Section. If the two certifications conflict, a third opinion will be sought from a doctor chosen by the City and the employee, at the expense of the City. The opinion of fit or unfit rendered by the third doctor shall be binding. If the employee’s restrictions are based on a disability as defined by the ADA and/or FEHA, the City shall engage in the interactive process as set forth in Article IV, Section 2A.
ARTICLE XXVII. FAMILY CARE AND MEDICAL LEAVE
Section 1. Purpose. The purpose of this Article is to advise you of your rights under the State and Federal Pregnancy Disability Leave laws. Also, it is intended to provide information regarding the City’s administration of the Pregnancy Disability Leave laws.
Section 2. Definitions. The following definitions apply for purposes of this Article only:
A. Child. A biological, adopted or foster child; a stepchild; a legal ward; or a child of an employee who stands in loco parentis to that child, who is either:
(1) under eighteen (18) years of age; or
(2) an adult dependent child; or
(3) eighteen (18) years of age or older who is incapable of self-care because of mental, intellectual, or physical disability.
B. Employee. Any person regularly employed by the City on a full-time or part-time basis.
C. Equivalent Job Position. A job with corresponding benefits, pay, duties, responsibilities, authority, skill, effort, terms, conditions and privileges of the
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employee’s position before the commencement of family care or medical leave, including the same or substantially similar geographic location and shift.
D. Foster Care. The twenty-four (24) hour care for children in substitution for, and away from, their parents or guardian which involves an agreement between a state and the foster family. Foster care may be with a child’s relatives.
E. Health Care Provider. Any of the following: (1) An individual holding either a physician, osteopathic or surgeon’s certificate; (2) any person duly licensed as a physician, surgeon or osteopathic physician in California or in another state or jurisdiction who directly treats or supervises the treatment of the serious health condition; (3) licensed midwives, clinical psychologists, clinical social workers, chiropractors, physician assistants, marriage and family therapists, and acupuncturists; or (3) any other person determined by the Secretary of Labor to be capable of providing health care services.
F. Intermittent Leave. Leave taken a few hours off or a day or a week off at intervals or pursuant to a reduced work schedule.
G. Parent. A biological, adoptive or foster parent; a stepparent; a legal guardian; or other person who stood in loco parentis to an employee when the employee was a child. A biological or legal relationship is not necessary for a person to have stood in loco parentis to the employee as a child. A parent does not include a parent-in-law.
H. Reduced Work Schedule. A regular work schedule that reduces the usual number of hours per work week or per work day.
I. Serious Health Condition. An illness, injury (including on-the-job injury), impairment, or physical or mental condition of the employee; or a child, parent, spouse, domestic partner, grandchild, grandparent, sibling, and designated person of the employee which involves one of the following:
(1) inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential health care facility;
(2) a period of incapacity of more than three (3) consecutive days that involves treatment two (2) or more times by a health care provider or a regimen of continuing treatment;
(3) any period of incapacity due to pregnancy or for prenatal care; (4) a chronic condition that requires periodic treatment by a health care provider and continues over an extended period of time;
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(5) a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; or
(6) any period of absence to receive multiple treatments, including the recovery therefrom.
J. Spouse. A person considered legally married, by the State of California, to an employee. An unmarried domestic partner is not considered a “spouse” for purposes of this Article.
K. Designated Person. A person identified by the employee at the time the employee requests paid sick days. An employer may limit an employee to one designated person per 12-month period for paid sick days.
Section 3. Eligibility for Leave. An employee is eligible for family care or medical leave if he/she has been employed by the City for at least twelve (12) months prior to the date on which the family care or medical leave is to commence, and has worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) month period preceding the family care or medical leave.
Section 4. Types of Family Care or Medical Leave. An employee is entitled to take family care or medical leave under the following circumstances:
A. Because of the birth of a child or to care for the child within one year of his/her birth.
B. Because of the placement of a child with the employee for adoption or foster care or to care for the child within one year of his/her placement.
C. To care for a spouse, domestic partner, child or parent with a serious health condition.
D. Because of the employee’s own serious health condition which makes the employee unable to perform one or more of the essential functions of his/her position.
Section 5. Duration of Leave.
L. An eligible employee may take up to twelve (12) workweeks of unpaid family care or medical leave in a rolling twelve (12) month period measured backwards from the date the employee uses any family care or medical leave.
M. Family care or medical leave does not need to be consecutive. Rather, the family care or medical leave is cumulative within the twelve (12) month period.
N. The maximum amount of family care leave both parents who are employed by the City and who are both eligible for family care leave due to the birth, adoption, or foster care placement of a child or to care for a child, is twelve (12) workweeks each in the twelve (12) month period. However, both spouses or domestic partners may be on family
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care leave simultaneously if the employees provide a certificate, from a health care provider, stating the need for both employees’ participation in the care of the child.
Section 6. Intermittent Leave.
A. Family care or medical leave may be taken intermittently or on a reduced work schedule when medically necessary. If an employee requests a reduced work schedule or an intermittent work schedule, the City may require that the employee transfer to an available alternative position for which the employee is qualified and which provides equivalent pay and benefits and that better accommodates the intermittent or reduced work schedule than the employee’s regular position.
B. The minimum duration of a family care or medical leave taken for the birth, adoption or foster care placement of a child shall be two (2) weeks. However, the City may also grant a request for family care or medical leave periods of at least one day but less than two (2) weeks duration on any two (2) occasions during a twelve (12) month period.
C. As with all absences due to family care or medical leave, the City shall make deductions from an employee’s salary for all unpaid hours of intermittent family care or medical leave taken by the employee. For purposes of calculating salary, an employee’s salary is based on a forty (40) hour, four (4) day workweek. Such deductions do not impact the employee’s classification as exempt or nonexempt for purposes of the FLSA.
D. For part-time employees and those who work variable hours, the family care or medical leave entitlement is calculated on a pro rata basis. A weekly average of the hours worked over the twelve (12) workweeks prior to the beginning of the leave shall be used for calculating the employee’s normal workweek.
E. The minimum family care or medical leave increment that can be taken by an employee is one-quarterhalf (¼1/2) hour.
Section 7. Use of Accumulated Leave. Leave taken under this Article is unpaid.
Where an employee has accumulated paid leave he/she shall be required to substitute said paid leave in accordance with this Article. Where available, paid leave shall run concurrently with the family care or medical leave, and shall not extend the employee’s entitlement to family care or medical leave beyond twelve (12) workweeks.
A. Sick Leave. Employees are required to substitute all accumulated sick leave when medical leave is taken for the employee’s own serious health condition. Except as otherwise stated herein, employees may elect to substitute their accumulated sick leave when leave is taken for any other reason.
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B. Vacation and Holiday Time. Employees are required to substitute all accumulated vacation leave and holiday leave when taking family care or medical leave for any reason.
C. Compensatory Time. If the employee elects to use any of his/her accumulated compensatory time off, it shall not be counted against his/her family or medical leave entitlement.
D. Workers’ Compensation. Pursuant to federal law, employees who are receiving workers’ compensation benefits for a work-related illness or injury that also qualifies as a serious health condition may not coordinate any accrued paid leaves with their workers’ compensation payments as long as they are protected by this Rule. If the employee is still receiving workers’ compensation benefits when his/her twelve (12) workweeks of leave under this Rule expire, he/she may then begin coordinating his/her accrued paid leaves.
Section 8. Request for Leave.
A. Employees requesting family care or medical leave must provide the Personnel Officer with not less than thirty (30) days advance written notice before the date the family or medical leave is to begin. When an emergency makes it impossible to provide such advance notice, the employee shall request the family care or medical leave as much in advance of the date for the proposed commencement of the family care or medical leave as is possible. If an emergency makes it impossible to provide any advance notice, the employee shall notify the Personnel Officer as soon as practicable.
B. In any case in which the need for family care or medical leave is foreseeable based on planned medical treatment, the employee shall make a reasonable effort to schedule the treatment, subject to the approval of the health care provider, so as not to unduly disrupt the operations of the City.
C. In the event that an employee requires intermittent family care or medical leave, including, but not limited to, prolonged treatment plans or a series of surgeries, he/she shall notify the City of the anticipated dates for the family care or medical leave as much in advance as possible.
D. All requests for family care or medical leave should include the anticipated date(s) and duration of the leave and should be sufficient to make the City aware that the employee needs leave under this Article. The employee must state the reason the leave is needed (i.e., which of the reasons stated in Section 4 of this Article). The Personnel Officer has a form employees can use that meets these requirements.
E. Any request for extensions of a family care or medical leave must be received at least five (5) working days before the date on which the employee was originally
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scheduled to return to work, where practicable, and must include the revised anticipated date(s) and duration of the family care or medical leave.
Section 9. Certification.
A. Original Certification. Employees requesting family care or medical leave for any reason are required to submit certification from the treating health care provider on a form provided by the City.
Said certification shall be provided, when possible, in advance of or at the start of the family care or medical leave. If the need for the family care or medical leave does not permit this timing, the certification shall be provided reasonably soon after the family care or medical leave commences, typically within two (2) days of the emergency requiring the family care or medical leave.
Failure to provide the certification within fifteen (15) days after the City’s request for certification may result in a denial of the employee’s continued leave until the certification is provided.
B. Second Opinion. When family care or medical leave is requested due to the employee’s own serious health condition, the City may require a second opinion at its expense, from a health care provider chosen by the City who is not employed by the City on a regular basis, to verify the serious health condition.
In the event of a conflict between the employee’s treating health care provider and the findings of the City’s health care provider as a result of the second opinion, the City may require a third opinion, by a health care provider chosen jointly by the employee and the City, at the City’s expense. The opinion of the third health care provider shall be final and binding on both the City and the employee.
C. Recertification. The City may request recertification of medical conditions once every thirty (30) days of the employee’s medical leave. However, the City may request recertification of a medical condition outside of this time period in the following circumstances:
(1) Circumstances described by the previous certification have changed significantly; or
c) The City receives information that casts doubt upon the employee’s stated reason for the absence.
D. Any recertification requested will be at the City’s expense. No second or third opinions will be required.
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E. Upon expiration of the time estimated by the employee’s health care provider on the certification for family care or medical leave, the City may require the employee to obtain recertification in accordance with the procedures provided in Section 9.A.
F. Return to Duty Certification. As a condition of restoration to employment, an employee taking family care or medical leave for the employee’s own serious health condition is required to provide the City with certification from his/her health care provider stating that he/she is able to resume his/her essential work functions.
Section 10. Employment and Benefits Protection.
A. Restoration to Position. When an employee returns from family care or medical leave, the employee will be restored to the position held when the family care or medical leave began, or to an equivalent job position.
B. Denial of Restoration Rights. The City shall refuse to reinstate an employee to employment when either of the following conditions exists:
(1) Position No Longer Exists. The employee’s position and any equivalent job position have ceased to exist because of legitimate business reasons unrelated to the employee’s family care or medical 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, but 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. (2) Key Employees. The employee is a salaried eligible employee who is among the highest paid ten percent (10%) of the employees; and (a) The City’s operations will suffer substantial and grievous economic injury if the City is forced to reinstate the employees; and (b) The City notifies the employee that it does not intend to reinstate him/her as soon as it determines that such economic injury would occur; and
(c) Where leave has begun, the employee elects not to return to work after receiving such notice from the City.
C. Accumulated Benefits. Unpaid family care or medical leave will not constitute a break in service and shall not result in the loss of any employment benefits accrued before the date the family care or medical leave commenced. However, the employee shall not accrue any employment benefits while on unpaid family care or medical leave.
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D. Employment Benefits. Unpaid family care or medical leave shall not count as time worked for purposes of establishing seniority for layoff, recall, promotion, job assignment and seniority related benefits such as vacation. Employment benefits other than health benefits shall be handled in the same manner as benefits for an employee on a leave of absence without pay.
E. Maintenance of Employer Contributions to Employee Health Benefits. Employees will continue to receive the same medical benefits while on unpaid family care or medical 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 employee’s health benefits while the employee is on unpaid family care or medical leave. Benefits for absences beyond the twelve (12) week period will be handled in the same manner as benefits for employees on a leave of absence without pay.
An employee who notifies the City that he/she does not intend to return from unpaid family care or medical leave is not entitled to paid medical benefits provided by the City as if he/she were on family care or medical leave. Instead, the employee is entitled to the same benefits, if any, provided to other employees who are on a leave of absence without pay.
F. Maintenance of Benefits Requiring Employee Contributions. (1) During unpaid family care or medical leave, an employee may elect to discontinue health insurance coverage for the employee or the employee’s spouse, domestic partner, and/or dependent(s) as well as any benefits other than the employee’s health benefits offered or sponsored by the City to which the employee is required to make monthly contributions.
(2) An employee shall continue to be responsible for making the payment of required contributions towards the cost of benefits not revoked under Section
10.F(1). If any premium amounts are increased or decreased as to other employees similarly situated, the employee shall be required to pay the new premium rates.
(3) All contributions the employee is required to make, under Section 10.F(2), are due and payable to the City at the same time, as they would be made through payroll deduction.
(4) If any monthly contributions required under this Section 10.F are not received within thirty (30) days of their due date and the City has given the employee written notice at least fifteen (15) days in advance advising that coverage will cease if payment is not received, the City may either discontinue said benefit(s), or make the contributions on the employee’s behalf and recover the contributions from the employee upon the employee’s return to work. (5) Employees included in a retirement plan may continue to make contributions in accordance with the terms of the plan during the family care or
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medical leave. However, the City shall not be required to make plan payments for employees during the unpaid family care or medical leave.
G. Failure to Return from Leave. The City shall recover its share of health insurance premium payments made during a period of unpaid family care or medical leave from an employee who fails to return to work after exhausting family care or medical leave unless the reason for the employee’s failure to return to work is (1) the continuation, recurrence, or onset of a serious health condition that would entitle the employee to family care or medical leave or (2) other circumstances beyond the employee’s control.
ARTICLE XXIII. PREGNANCY DISABILITY LEAVE
Section 1. Purpose. The purpose of this Article is to advise you of your rights under the State and Federal Pregnancy Disability Leave laws. Also, it is intended to provide information regarding the City’s administration of the Pregnancy Disability Leave laws.
Section 2. Definitions. The following definitions apply for purposes of this Article only:
A. Employee. Any person regularly employed by the City on a full-time or part-time basis.
B. Equivalent Job Position. A job with corresponding benefits, pay, duties, responsibilities, authority, skill, effort, terms, conditions and privileges of the employee’s position before the commencement of family care or medical leave, including the same or substantially similar geographic location and shift.
C. Health Care Provider. Any of the following: (1) An individual holding either a physician, osteopathic or surgeon’s certificate; (2) any person duly licensed as a physician, surgeon or osteopathic physician in California or in another state or jurisdiction who directly treats or supervises the treatment of the serious health condition; (3) licensed midwives, clinical psychologists, clinical social workers, chiropractors, physician assistants, marriage and family therapists, and acupuncturists; or (3) any other person determined by the Secretary of Labor to be capable of providing health care services.
D. Intermittent Leave. Leave taken a few hours off or a day or a week off at intervals or pursuant to a reduced work schedule.
E. Reduced Work Schedule. A regular work schedule that reduces the usual number of hours per work week or per work day.
Section 3. Eligibility for Leave. An employee who is disabled on account of pregnancy, childbirth or related medical conditions is eligible for pregnancy disability leave, regardless of how long the employee has been a City employee.
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Section 4. Duration of Leave.
A. An eligible employee may take up to four (4) months of unpaid pregnancy disability leave per pregnancy, in addition to any family care or medical leave to which the employee may be entitled under Article XXII.
Section 5. Intermittent Leave.
A. Pregnancy 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 disability leave increment that can be taken by an employee is one-quarter half (¼1/2) hour. If pregnancy disability leave is taken on an intermittent or reduced schedule basis, and it is foreseeable based on planned medical treatment because of pregnancy, the City retains 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.
B. The City shall make deductions from an employee’s salary for all unpaid hours of intermittent pregnancy disability leave taken by the employee. For purposes of calculating salary, an employee’s salary is based on a forty (40) hour, four (4) day workweek. Such deductions do not impact the employee’s classification as exempt or nonexempt for purposes of the FLSA.
Section 6. Use of Accumulated Leave. An employee taking pregnancy related disability leave must substitute any available sick leave for her leave and may, at her option, substitute any accumulated vacation time, holiday pay, or compensatory time for her pregnancy related disability leave. With the exception of compensatory time, 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 four (4) months.
Section 7. Request for Leave.
A. Where the need for pregnancy disability leave or transfer is foreseeable, the employee must provide the Personnel Officer with not less than thirty (30) days advance written notice before the date the pregnancy disability leave is to begin.
When an emergency makes it impossible to provide such advance notice, the employee shall request the family care or medical leave as much in advance of the date for the proposed commencement of the family care or medical leave as is possible. If an emergency makes it impossible to provide any advance notice, the employee shall notify the Personnel Officer as soon as practicable.
B. In any case in which the need for pregnancy disability leave is foreseeable based on planned medical treatment or supervision, the employee shall make a
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reasonable effort to schedule the treatment, subject to the approval of the health care provider, so as not to unduly disrupt the operations of the City.
C. In the event that an employee requires intermittent pregnancy disability leave, she shall notify the City of the anticipated dates for the pregnancy disability leave as much in advance as possible.
D. All requests for pregnancy disability leave should include the anticipated date(s) and duration of the leave and should be sufficient to make the City aware that the employee needs leave under this Article. The employee must state that the leave is needed for pregnancy disability purposes. The Personnel Officer has a form employees can use that meets these requirements.
E. Any requests for extensions of a pregnancy disability 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 pregnancy disability leave.
Section 8. Certification.
A. Certification for Leave. Any request for pregnancy disability leave must be supported by a medical certification from a health care provider. Employees requesting pregnancy disability leave for any reason are required to submit certification from the treating health care provider on a form provided by the City.
Said certification shall be provided, when possible, in advance of or at the start of the family care or medical leave. If the need for the pregnancy disability leave does not permit this timing, the certification shall be provided reasonably soon after the pregnancy disability commences, typically within two (2) days of the emergency requiring the family care or medical leave. Failure to provide the certification within fifteen (15) days after the City’s request for certification may result in a denial of the employee’s continued leave until the certification is provided.
B. Certification for Transfer. Any request for pregnancy disability transfer must be supported by a medical certification from a health care provider. Employees requesting a transfer due to pregnancy disability must submit certification from the treating health care provider on a form provided by the City.
C. Second/Third Opinions. There will be no second or third opinion regarding pregnancy disability leave.
D. Recertification. The City may request recertification of pregnancy disability if the employee requests an extension to her pregnancy disability leave.
E. Return to Duty Certification. As a condition of restoration to employment, an employee taking family care or medical leave for the employee’s own serious
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health condition is required to provide the City with certification from her health care provider stating that she is able to resume her essential work functions.
Section 9. Employment and Benefits Protection. The provisions set forth in Article XXII regarding employment and benefits protection also apply to pregnancy disability leaves of absence
Section 10. Other Terms and Conditions of Leave. The provisions set forth in Article XXII regarding the leave’s effect on pay and reinstatement also apply to pregnancy disability leaves of absence. However, for pregnancy disability leaves of absence, there is no reinstatement exception for key employees. Employees should be aware that a pregnancy-related disability may be considered a serious health condition under the FMLA, and may be counted against an employee’s FMLA eligibility, but not an employee’s CFRA leave eligibility. Consequently, an employee’s FMLA entitlement may run concurrently with the employee’s pregnancy disability leave entitlement. For more information on how pregnancy disability leave affects family or medical leave entitlement, please contact the Personnel Officer.
ARTICLE XXIV. VACATION
Section 1. Accumulation of Vacation.
A. Employees occupying full time positions shall accrue vacation time expressed in working hours in accordance with the following:
Months of
Service
Hours Accrued
Per Month
Annual
Accrual
1-60 8 96
61-120 12 144
121+ 16 192
B. Employees occupying part-time positions, who have completed one year of employment with the City, shall accrue vacation time expressed in working hours in accordance with the following:
Months of
Service
Hours Accrued
Per Month
Annual
Accrual
13-60 4 48
61-120 6 72
121+ 8 96
Maximum accumulation of vacation time for full-time and part-time employees is three hundred sixty (360) hours. When an employee’s accumulated vacation reaches the maximum accumulation limit, accrual shall cease until such time that the employee uses vacation and amount of accumulated vacation falls below the maximum accumulation limit.
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C. Probationary employees shall begin accrual of vacation leave effective on their first day of employment. New employees shall not be eligible to take vacation leave until completion of six (6) months of continuous service. Probationary employees may request exceptions to this policy, which may or may not be granted by the City Manager, in his/her discretion.
D. Upon hire, the City Manager may, in their discretion, elect to provide accrual at any of the rates described above to a new employee based upon prior service with a public agency, as a method to assist in recruiting for difficult to fill positions, or for any other business reason that is in the best interest of the City.
E. Upon hire, the City Manager may, in their discretion, provide a bank of accrued vacation of up to two (2) weeks, to a new employee in recognition of prior public agency service.
Section 2. Use of Vacation Time.
A. It is the intent that vacation time be used in time increments sufficiently long to permit the employees an adequate period of rest. The use of vacation time in less than weekly increments is discouraged. In no event may vacation be taken in increments of less than one-half (1/2) hour nor for a period exceeding the number of accrued whole days. The minimum charge to an employee’s vacation account shall be one-quarterhalf (¼1/2) hour.
B. Vacations shall be taken at times determined by the Department Head with due regard for the wishes of the employee and particular regard for needs of the service.
C. Unless otherwise provided by departmental rules, employees shall submit vacation requests to their Supervisor at least seven (7) days prior to the proposed start of vacation.
D. No person shall be permitted to work for compensation for the City during his/her vacation except with prior approval of the Personnel Officer or designated representative.
E. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave; however, extension of the vacation leave for the period of such holiday(s) is subject to approval of the employee’s Department Head.
F. Employees on a ten (10) hour workday may take ten (10) hours of vacation time per day.
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G. Employees may not request or schedule vacation time unless they have accrued vacation time available. If an employee wishes to take time off when he/she does not have available vacation time or other available leave on the books, the employee must request unpaid leave under Article XXI, Section 3.
Section 3. Vacation Sell-Back.
A. In accordance with 26 CFR 1.451-2, beginning for leave to be sold back in fiscal year 25/26, employees will be required to submit a written irrevocable election form prior to the year in which the leave is earned (the constructive receipt plan year), designating the amount of leave they are electing to sell back the following year.
Please refer to the election form procedures for specific guidelines. Participation in the pre-election of vacation sell-back is optional. Employees who do not submit an irrevocable election form by June 30 of each year will be considered as opting out of the optional vacation sell-back for the following fiscal year.
B. Employees who have submitted a written irrevocable election form as set forth above in Section 3.A and have reached three hundred fifty (350) hours of vacation accumulation may sell back vacation time to the City on the basis of two vacation hours for each vacation hour taken off by the employee during that fiscal year (July 1 - June 30), up to a sell-back limit of eighty (80) hours. Any vacation time that is scheduled and approved by the Department Head which is later cancelled or postponed by the Department Head or City Manager, will be counted as vacation time used off for the purpose of determining the eligible hours for sell-back s of satisfying this requirement. The sell back of vacation time shall be limited to one time during the fiscal year.
C. Employees must submit a written request for vacation sell-back to the Personnel Department. The request must specify the exact number of hours they are selling back to the City. Increments of less than an hour or amounts above the eighty (80) hour limit will not be accepted.
D. The Personnel Department shall verify employee eligibility and forward the request to the City Manager within one week of receipt. The City Manager will approve or deny all vacation sell-back requests. Approved requests will be sent to the Finance Department for processing of payment. Requests that have been denied will be returned to the Personnel Department with an explanation for the denial. The Personnel Department will be responsible for notifying employees of the outcome of their request.
E. Payment will be made on an hour for hour basis, based on the employee’s hourly base pay (exclusive of any incentive, retirement, special or other pays) at the time the sellback request is made.
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F. Payment will be made as soon as possible after receipt of approved requests.
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RESOLUTION NO. 2025-19
RESOLUTION NO. 2025-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, AMENDING AND ADOPTING PERSONNEL RULES FOR THE ADMINISTRATION OF THE CITY’S PERSONNEL SYSTEM AND REPEALING ALL
OTHER RESOLUTIONS AND MOTIONS INCONSISTENT HEREWITH
WHEREAS, the City Council is authorized and directed under the provisions of Ordinance No. 523 to adopt rules and regulations of the personnel system created in said ordinance; and
WHEREAS, the current Personnel Rules were adopted by the City on October 14, 2003 by Resolution No. 2003-38 and last amended in June of 2024 by Resolution 2024-18; and
WHEREAS, changes in the needs of the City and in applicable laws have occurred which necessitate changes in certain of the existing Personnel Rules; and WHEREAS, the City desires to make the changes to the Personnel Rules adopted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AS FOLLOWS:
1. The City Council finds that this project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) – continuing administrative or maintenance activities, such as purchase for supplies, personnel-related actions, general policy and procedure making.
2. The Amended Personnel Rules and Regulations attached hereto as Exhibit A and incorporated herein by this reference are hereby adopted in accordance with the City’s Ordinance No. 523.
3. The City Manager is directed to implement this policy.
ADOPTED, SIGNED AND APPROVED this 10th day of June, 2025.
DAVID J. SHAWVER, MAYOR
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RESOLUTION NO. 2025-19
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2025-19 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on June 10, 2025, and that the same was adopted, signed and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
ATTACHMENT F
EXHIBIT “A”
ARTICLE XI. WORKWEEK, OVERTIME AND PREMIUM PAY
Section1. Workweek.
A. The normal workweek shall be forty (40) hours consisting of four (4) consecutive ten (10)- hour work days within a period of seven (7) consecutive days starting at 12:01 a.m. on Sunday and ending at 12:00 a.m. midnight on the following Sunday. The normal work schedule shall begin on Monday and end on Thursday; however, variations of this schedule may be necessary due to the hours of service of the various departments.
B. Employees shall be given a seven (7) day advance notice of a shift change whenever practicable. The notice requirement shall not apply when an employee agrees to a shift change with less notice, or when an emergency situation requires less notice.
C. No employee shall be permitted to work more than sixteen (16) consecutive hours except in an emergency situation.
D. This Section shall not prevent an employee or group of employees from requesting a modified work schedule.
Section 2. Overtime and Compensatory Time Off.
A. Distribution of Overtime.
(1) Overtime opportunities shall be made available on an equal basis to employees capable of performing the work.
(2) No employee shall work overtime unless such overtime has been authorized in advance by a Department Head, his/her designee, or the City Manager.
B. Notification of Employee. An employee who may be asked to perform overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin.
C. Calculation of Hours Worked. For the purposes of overtime and compensatory time off, “hours worked” shall only include those periods of time that the employee is required to be on duty or to be on the City’s premises or at a prescribed workplace, and all time during which an employee is suffered or permitted to work. As such, time spent on a paid leave of absence shall not be included in the calculation of hours worked.
D. Payment for Overtime.
(1) Employees not in the Administrative Service shall be paid at the rate of one and onehalf (1½) times their regular rate of pay for all hours actually worked in excess of forty (40) hours during the normal workweek. Overtime is paid in increments of 15 minutes and shall be calculated to the nearest one-quarter (¼) hour of overtime worked.
Overtime shall not accrue until the affected employee has worked at least forty (40) hours during a workweek. No overtime will accrue during any scheduled closure of
EXHIBIT A
City Hall if the affected employee is scheduled to work during such period except where the employee works more than forty (40) hours during a workweek. (2) Exempt and nonexempt status is determined by the Personnel Officer in accordance with all applicable laws.
(3) Time worked as overtime shall not be used to earn supplemental benefits or to serve out probation or merit salary increase periods.
E. Conversion of Overtime to Compensatory Time Off. Employees who have earned overtime compensation may elect to convert their overtime into compensatory time off at a rate of one and one-half (1½) hour for each hour actually worked in accordance with the following restrictions:
(1) The employee must elect to convert his/her overtime to compensatory time off prior to working the overtime. If the employee does not indicate a preference prior to working the overtime, overtime hours shall be paid.
(2) Once compensatory time is credited, it can be used only as compensatory time off. (3) Upon termination, resignation, or death, all accrued compensatory time off will be paid at the employee’s then-current salary rate.
(4) Employees may accrue up to forty (40) hours of compensatory time off. An employee who has accrued forty (40) hours of compensatory time off is required to receive monetary compensation for all additional overtime worked until the accrued amount of compensatory time off is less than forty (40 hours.
(5) The minimum amount of compensatory time that may be taken at any one time shall be one-quarter (¼) hour.
(6) An employee who has requested the use of earned compensatory time shall be permitted, by the employee’s Department Head or his/her designee, to use such time within a reasonable period after making the request, if the use of the compensatory time does not unduly disrupt the operations of the department. If the request is not granted within one (1) year of the request, the employee will be paid for the compensatory time off at the employee’s current rate of pay.
Section 3. Rest Periods and Cleanup Time.
A. The City shall permit employees to take two (2) fifteen (15)-minute rest periods during the workday. Rest periods shall be scheduled by the Department Heads and include one (1) period in the first half of the workday and one (1) in the second. Employees shall not leave City property or their work site during rest periods. The City shall also permit full time employees to take a one-hour lunch period. The City shall permit part-time employees who work more than five (5) hours in a day to take a one-half (½) hour lunch period.
Employees shall not combine rest breaks together and shall not combine the lunch period with any rest break(s).
EXHIBIT A
B. When necessary, authorized personnel may be permitted up to fifteen (15) minutes of paid time at the end of each work shift to perform such activities as cleaning up a work area, putting away tools, personal wash up and changing clothes.
C. Employees may not waive their break periods.
Section 4. Premium Pay.
A. On-Call Pay.
(1) On call duty is defined as that period of time other than regularly scheduled work time during which an employee is subject to call-out to provide services which are the responsibility of the department in which he/she is employed. A list of employees assigned to be available and ready to respond to a call-out will be established and updated as needed. On-call duty shall be determined and assigned at the sole discretion of the Public Works Director/City Engineer.
(2) Each employee assigned to on-call duty shall receive thirty-five dollars ($35) per day such duty is performed.
(3) On-call duty assignments will be for two (2) weeks in duration at a time. On-call duty assignments will begin on Monday at 6:00 am and end at 6:00 am on Monday two weeks thereafter the beginning of such assignment. Failure to complete the entire scheduled period of on-call time may result in the employee not being compensated for any of the on-call time served and may result in disciplinary action. However, the Department may take extenuating circumstances into consideration. An employee who is unable to complete his/her on-call assignment due to illness or an emergency shall contact their supervisor immediately to notify them of their inability to complete their assignment. Employees unable to complete their assigned on-call duty due to illness or emergency will not receive the standard daily amount for the days they are unable to perform such duty. The supervisor may require documentary proof depending on the circumstances. Employees who fill-in for those unavailable for their scheduled on-call duty will receive the standard amount of thirty-five ($35) dollars per day.
(4) Employees assigned to on-call duty are required to do the following:
a. Carry a City provided cell phone.
b. Answer the phone immediately or return the call within ten (10) minutes of a voice message or text being left for the employee.
c. Be prepared to respond immediately to the service call which includes refraining from any activities that might delay a timely response and must have access to transportation at all times.
d. Employees shall not consume, be impaired by or have in their biological system alcohol or drugs while performing on-call duty. All the provisions outlined in Article XXXIII. Drug Free Workplace shall apply to employee’s participation in on-call duty.
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e. Employees shall remain within a thirty (30) mile driving distance at all times while on on-call duty.
f. Follow all City and Public Works policies and procedures while on-call. (5) Employees will not be eligible to assume on-call duty if the employee is on vacation or on sick leave. The on-call pay program does not modify or eliminate the Public Works Department’s expectation that all Department employees may be called in or expected to respond in some manner in times of emergency or business necessity as determined by the Public Works Director/City Engineer or his/her designee.
B. Call-Back Pay. If an employee, who is not in the Administrative Service, is called back after 10:00 p.m. because of a request made, and the employee has completed his/her normal work shift and left the workstation, he/she is entitled to two (2) hours minimum of call-back pay. If an employee is called back between the end of their shift (4:30 p.m. for City Yard and 6:00 p.m. for Civic Center) and 10:00 p.m., the employee will receive one (1) hour minimum of call-back pay. If an employee is called back on his/her normal day off, he/she is entitled to two (2) hours minimum of call back pay. All payments for call-back pay shall be paid at the regular rate of pay unless such additional hours are in excess of forty (40) for the employee’s workweek wherein he/she will receive payment at one and one-half (1½) times the regular rate of pay.
C. Bilingual Pay.
(1) The City Manager or his/her designee may, at his/her discretion, select and assign qualified employees additional duties as follows:
(a) An employee may be assigned to speak or translate a language in addition to English, including specialized communication skills such as sign language. (b) Employees assigned to regularly and frequently speak and/or translate a second language shall receive an additional forty-six dollars and sixteen cents ($46.16) for full time employees and an additional twenty-three dollars and eight cents ($23.08) for part-time employees per pay period for each pay period such assignment continues.
(2) An employee in a bilingual assignment may request to the City Manager to be relieved of such assignment.
D. Cellular Phone Stipend
(1) Employees occupying the following positions who do not have City-issued cellular phones and may require use of personal cellular phones in the conduct of City business are eligible to receive a monthly cellular phone stipend:
(a) Code Enforcement/Parking Control Manager
(b) Code Enforcement Officer
(c) Code Enforcement/Parking Control Specialist
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(2) Eligible full-time employees shall receive an additional thirty dollars ($30) per month and part-time employees shall receive an additional fifteen dollars ($15) per month.
(3) E-mail, internet, text message and voicemail communications related to City business conducted on personal cell phones are considered public records and also subject to disclosure to the public pursuant to the California Public Records Act.
ARTICLE XIX. POLICY AGAINST HARASSMENT, DISCRIMINATION AND
RETALIATION
Section 1. Purpose and Policy.
A. Policy. The City of Stanton is committed to providing a workplace free of unlawful harassment, discrimination, and retaliation in accordance with applicable laws.
This includes sexual harassment (which includes harassment based on sex, pregnancy, perceived pregnancy, childbirth, breastfeeding, or related medical conditions), as well as harassment, discrimination, and retaliation based on such factors as race, color, religion, religious creed (including religious dress and religious grooming practices), sex, national origin, ancestry, citizenship, age (40 years and older), mental disability and physical disability (including HIV and AIDS), legally-protected medical condition or information (including genetic information), protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), military and/or veteran status, service, or obligation, reserve status, national guard status, marital status, domestic partner status, gender, gender identity (including transgender identity), gender expression (including transgender expression), because an individual has transitioned (to live as the gender with which they identify), is transitioning, or is perceived to be transitioning), sex stereotyping, sexual orientation, status as a victim of domestic violence, sexual assault or stalking, enrollment in a public assistance program, engaging in protected communications regarding employee wages or otherwise exercising rights protected under the California Fair Pay Act, requesting a reasonable accommodation on the basis of disability or bona fide religious belief or practice, or any other basis protected by federal, state, or local laws.
The City strongly disapproves of and will not tolerate harassment, discrimination, or retaliation against applicants, employees, unpaid interns, or volunteers by managers, supervisors, co-workers or third parties with whom employees come into contact, consistent with applicable law. Similarly, the City will not tolerate harassment, discrimination, or retaliation by its employees directed toward nonemployees with whom the City employees have a business, service, or professional relationship (such as independent contractors, vendors, clients, volunteers, or interns).
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Section 2. Definitions.
A. Harassment. Harassment is unwelcome verbal, visual, or physical conduct that creates an intimidating, offensive, or hostile work environment or that interferes with work performance when such conduct is based on an employee’s genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, physical, mental, or intellectual disability, medical condition, marital status, veteran status, sexual orientation, age, or any basis protected by applicable federal, state, or local law. Such conduct constitutes harassment when:
(1) Submission to the conduct is made either an explicit or implicit condition of employment;
(2) Submission to or rejection of the conduct is used as the basis for an employment decision; or
(3) The harassment unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.
B. Harassment Examples. 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 gender, genetic characteristics or information, race, color, national origin, ancestry, religion, creed, sex, physical, mental, or intellectual disability, medical condition, marital status, veteran status, sexual orientation, age, or any basis protected by applicable federal, state, or local law.
C. Sexual Harassment.
(1) Sexual harassment is unwanted sexual advances; requests for sexual favors; or visual, verbal or physical conduct of a sexual nature when: (a) submission to such conduct is made a term or condition of employment; or (b) submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or (c) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment. (2) This definition includes many potential forms of offensive behavior. The following is a list of some examples:
(a) Unwanted sexual advances.
(b) Offering employment benefits in exchange for sexual favors. (c) Making or threatening reprisals after a negative response to sexual advances.
(d) Visual conduct: leering, making sexual gestures, or displaying of sexually explicit jokes.
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(e) Verbal sexual advances or propositions.
(f) Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body or dress, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations. (g) Physical conduct: touching, assault, impeding or blocking movements.
(h) Retaliation for threatening to or reporting harassment. (3) Sexual harassment can occur between members of the same or opposite sex. Sexual harassment on the job is unlawful whether it involves co-worker harassment, harassment by a Supervisor or manager, or harassment by anyone doing business with or for the City.
D. Supervisor. Any employee having authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or to effectively recommend that action, if, in connection with the foregoing, the exercise of that authority is not merely of a routine or clerical nature, but requires the use of independent judgment.
Section 3. Mandatory Training.
A. Non-Supervisory Employees. All employees who are hired by the City will be given a copy of this Article, and will receive guidance on its provisions and the City’s commitment to provide a harassment-free, discrimination-free, and retaliation-free workplace.
B. Supervisory Employees.
(1) All Supervisors 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 nonSupervisory position or as a new employee shall receive training within six (6) months of their hiring or assumption of the Supervisory position. (2) Supervisory training will last for a minimum of two (2) hours. (3) Supervisory training will be conducted in a classroom or other interactive setting and will, at a minimum, cover the following topics:
(a) Information and practical guidance regarding federal and state statutory laws about harassment, including sexual harassment; (b) Information about the correction of harassment and the remedies available to victims of harassment; and
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(c) Practical examples aimed at instructing Supervisors in the prevention of harassment, discrimination, and retaliation.
Section 4. Preventing Harassment and Discrimination. It is the responsibility of every City employee to contribute to a work environment that is free of unlawful bias, discrimination, harassment, and retaliation. Failure to bring forth a complaint prevents the City from having the opportunity to correct the situation. The City’s complaint procedure provides for a prompt, thorough and objective investigation of every harassment or discrimination claim, appropriate disciplinary action against one found to have engaged in prohibited harassment or discrimination, and appropriate remedies to any victim of harassment or discrimination. Employees should follow the following procedure to notify the City of harassment and/or discrimination:
A. Submitting a Complaint. Any incidents of discrimination, harassment, or retaliation, including work-related harassment by any City personnel or any other person, or any conduct believed to violate this policy, must be reported immediately. Complaints shall be made in writing to the Human Resources Manager. The complaint should include details of the incident(s), names of individuals involved, and the names of any witnesses. An individual is not required to bring a complaint to the Human Resources Manager if the individual is uncomfortable doing so for any reason. In that case, complaints should be reported to the Personnel Officer. If the Personnel Officer is involved in the reported conduct the complaint should be referred to the City Attorney who will coordinate with the City Council to review and investigate the reported conduct.
B. Managers and supervisors have a special responsibility under this policy. All levels of management and all supervisors are responsible for compliance with this Policy Against Harassment, Discrimination, and Retaliation AND for ensuring that everyone in their department is aware of, understands and adheres to this policy.
Supervisors and managers who receive complaints or who observe or learn of discriminatory, harassing, or retaliatory conduct must immediately inform the Human Resources Manager, unless the Human Resources Manager is involved in the reported conduct, in which case the complaint should be referred to the Personnel Officer, so that the investigation may be initiated.
C. Anonymous Reporting Portal. Employees may also submit complaints of harassment or discrimination through the City’s Anonymous Reporting Portal. The procedures for utilizing the City’s Anonymous Reporting Portal are set forth in Article XL of these Personnel Rules.
D. Investigation of Complaints. All incidents of harassment and discrimination that are reported must be investigated. The Personnel Officer, or City Attorney in cases involving the Personnel Officer, will undertake and/or direct a prompt, thorough, and objective investigation of the harassment or discrimination allegations. The
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investigation will be completed and a determination regarding the harassment or discrimination alleged will be made and communicated to the employee(s) who complained and the accused harasser(s). If the City determines that harassment or discrimination has occurred, the City will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment or discrimination. If a complaint of harassment or discrimination is substantiated, appropriate disciplinary action, up to and including discharge, will be taken. The City will also take appropriate action to remedy any loss to the employee resulting from the harassment or discrimination.
E. Employees may be placed on a paid administrative leave during an investigation until the conclusion of a discrimination or harassment investigation.
F. All employees should note that the failure to use the City’s complaint procedure may have an adverse effect on any claim under this Article if such claims are litigated.
Section 5. Confidentiality. The City will take all reasonable steps available to maintain the confidentiality of all complaints of harassment and discrimination as well as all information gathered during the investigation. However, employees may not make an anonymous complaint and the City cannot guarantee absolute confidentiality as disclosure of information is necessary to complete the investigation. All employees involved in the investigation of harassment or discrimination complaints will be admonished to keep all information related to the investigation confidential, and that revealing such information is grounds for discipline.
Section 6. Anti-Retaliation Policy. The City prohibits retaliation against any employee because of the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination or harassment; or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding, or hearing. Any retaliatory adverse action because of such opposition or participation will not be tolerated, and may also be unlawful.
A. Examples of Opposition. Opposition to perceived harassment or discrimination includes, but is not limited to, threatening to file or filing a harassment and/or discrimination complaint with the Equal Employment Opportunity Commission (“EEOC”), the Department of Fair Employment and Housing (“DFEH”), union or court, or complaining or protesting about alleged harassment or discrimination to a Supervisor, manager, co-worker or other official. Opposition also includes a complaint or protest made on behalf of another employee or made by the employee’s representative.
B. Examples of Participation. The City will not tolerate retaliation against any individual because he/she has filed a charge, testified, assisted, or participated in
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any manner in an investigation, proceeding, hearing or litigation under federal or state harassment or discrimination statutes or at other hearings regarding protected employee rights, such as an application for unemployment benefits. The City also prohibits retaliation against somebody closely related to or associated with the employee exercising such rights.
C. Examples of Adverse Actions. For purposes of this Article, an adverse action can include, but is not limited to, the following acts, when the act is taken because of the employee’s opposition to harassment or discrimination, or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding, or hearing: 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.
Section 7. Additional Enforcement Information. In addition to the City’s internal complaint procedure, employees should also be aware that the EEOC and the DFEH investigate and prosecute complaints of harassment, discrimination, and/or retaliation in employment. You can contact the EEOC as follows: Los Angeles District Office, 255 East Temple, 4th Floor, Los Angeles, California 90012; 213-894-1000. You can contact the DFEH as follows: Los Angeles Office, 1055 W. 7th Street, Suite 14, Los Angeles, California 90017; 800-884-1684.
Section 8. The policies and procedures herein apply to the prohibited types of harassment, discrimination, and retaliation; and employees should feel free, without fear of retaliation, to follow the procedures set forth above if they believe they have been harassed, or discriminated or retaliated against. For more information contact the Personnel Officer.
ARTICLE XXI. LEAVES OF ABSENCE
Section 1. Paid Sick Leave.
A. Accumulation of Sick Leave. Regular full-time employees shall accrue paid sick leave at a rate of eight (8) hours for each month of service. All other employees shall accrue paid sick leave at a rate of (4) hours for each month of service. These rates of accrual may be prorated for any partial month worked. No employee may accumulate more than two hundred fifty (250) hours of sick leave. Once the employee’s accrual reaches two hundred and fifty (250) hours, the employee will be ineligible to accrue additional leave until the accrual amount drops below two hundred and fifty (250) hours.
Upon hire, the City Manager may, in their discretion, provide a bank of sick leave of up to two (2) weeks, to a new employee in recognition of prior public agency service.
B. Permitted Uses of Sick Leave. Sick leave may be applied to the following:
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(1) An absence necessitated by an employee’s own or a family member’s illness or injury, defined to include diagnosis, care, or treatment of an existing health condition, among other things.
(2) An absence necessitated by the employee’s own or a family member's need for preventative care, defined to include medical, dental, or vision appointments. (3) An absence due to an employee’s exposure to a contagious disease when quarantine is imposed by health authorities or the advice of a physician when the presence of the employee at work would endanger the health of others. (4) An absence required by an employee who is the victim of domestic violence, sexual assault, or stalking, to: (1) attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or his or her child; (2) seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; (3) obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; (4) obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; or (5) participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
For purposes of this Section, “family member” is defined as consistent with Labor Code section 245.5 (c), which generally includes child (including foster, legal ward, and those similarly situated), parent (including spouse’s parent, guardian, and those similarly situated), spouse, registered domestic partner, grandparent, grandchild, sibling, and designated person. Employer may require such paid leaves to be used, when available, in conjunction with any medical leave.
C. Request for Sick Leave. An employee shall contact his/her immediate Supervisor prior to or within one (1) hour of the commencement of their work shift to report illness and absence from work. Such contact shall be verbal and not by e-mail or SMS/text Message. Consideration shall be given to emergency situations that restrict the employee from contacting his or her immediate supervisor within the first hour of work including, but not limited to: accident, injury or hospitalization. Typically, unless there is good cause, three consecutive no call absences will be viewed as job abandonment.
D. An employee shall also notify his/her immediate supervisor before the employee leaves the work site prior to completion of the work shift due to illness.
E. When an employee has advance notice of the need for sick leave, such as when scheduling non-emergency medical, dental or vision appointments, the employee is required to notify his/her supervisor at least one (1) working day in advance of his/her need for Sick Leave.
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F. Illness While on Paid Vacation. Illness while on paid vacation may be charged to sick leave rather than vacation only under the following conditions:
(1) The employee’s illness or injury was of a nature that would preclude the effective use of vacation and would prevent the employee from performing his/her normal duties.
(2) Within two (2) days of returning to work, the employee must provide his/her Supervisor with satisfactory medical evidence (i.e., a certificate from a physician who treated the employee) of the illness or injury. The medical evidence presented must state that the employee’s illness or injury occurred while the employee was on vacation and that the illness or injury precluded the employee from using his/her vacation, and that the illness or injury would have prevented the employee from performing his/her normal duties. However, the employee is not required to disclose the nature of the illness or injury.
The department shall be under no obligation to extend the vacation beyond the original scheduled vacation ending date.
G. Prohibited Uses of Sick Leave. Sick Leave shall not be applied to any of the following:
(1) Absences which occur on a holiday.
(2) Absences that are not within the permitted uses for sick leave.
H. Minimum Increments of Sick Leave. The minimum charge to an employee’s sick leave account shall be one-quarter (¼) hour. Employees with a ten (10) hour workday may take up to ten (10) hours of sick leave per day. In no case may an employee take more sick leave hours than he or she was scheduled to work.
I. Medical Certification. An employee may be required to furnish a certificate issued by a licensed physician or registered nurse or other satisfactory evidence of illness, injury, medical condition or medical or dental office calls when the employee has been under the care of a physician. An employee may be required to furnish evidence of attendance at scheduled medical, dental or vision appointments. In addition, such evidence may be requested when an employee is absent for personal illness or injury for four (4) or more consecutive workdays. Said certification may also be required if there is reason to believe an employee is or will be abusing sick leave.
J. Unused Sick Leave. No employee shall be compensated for, or allowed to exhaust any accrued sick leave upon resignation, termination, dismissal, lay-off or death.
K. Sick Leave Incentive for the Prudent Use of Sick Leave. (1) Full Time Employees.
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a) Regular full-time employees, who have used thirty (30) hours or less of sick leave during the prior fiscal year, shall be credited with twenty (20) vacation hours at the start of the new fiscal year, except when doing so exceeds the maximum accrual limits set forth in Section 1.A of this Article.
b) Regular full-time employees, who have used more than thirty (30) hours but not more than sixty (60) hours of sick leave during the prior fiscal year, shall be credited with ten (10) vacation hours at the start of the new fiscal year, except when doing so exceeds the maximum accrual limits set forth in Section 1.A of this Article. (2) Part Time Employees.
a) Part time employees, who have used fifteen (15) hours or less of sick leave during the prior fiscal year, shall be credited with ten (10) vacation hours at the start of the new fiscal year, except when doing so exceeds the maximum accrual limits set forth in Section 1.A of this Article.
b) Part time employees, who have used more than fifteen (15) hours but not more than thirty (30) hours of sick leave during the prior fiscal year, shall be credited with five (5) vacation hours at the start of the new fiscal year, except when doing so exceeds the maximum accrual limits set forth in Section 1.A of this Article.
L. Disability Retirement. Although sick leave can normally be used for non-industrial related injuries or illness, an employee who has requested a disability retirement, whether industrial or non-industrial, shall not be reimbursed for, or be allowed to exhaust, any unused sick leave. See California Government Code section 21163.
Section 2. Bereavement Leave. Upon request to his/her Supervisor, an employee shall be eligible to receive necessary paid time off, not to exceed one (1) day in any one (1) instance, to arrange for or attend a funeral of a member of his/her immediate family.
The first day of bereavement leave, in any one instance, shall be with pay and shall not be chargeable to any other leave balance. Upon request to and written approval by the City Manager, an employee may in certain circumstances be eligible to receive additional necessary time off, not to exceed a maximum of five (5) days in any one (1) instance.
These four (4) additional days of bereavement leave, if approved, shall be with pay and chargeable to the employee’s sick leave balance. The City Manager shall not approve this form of additional bereavement leave in an amount that exceeds the employee’s available sick leave balance. For purposes of this Section, immediate family shall mean father, father-in-law, mother, mother-in-law, stepparent, brother, brother-in-law, sister, sister-in-law, spouse, domestic partner, child, grandparent, grandchild, legal guardian or legal ward.
Section 3. Leave of Absence Without Pay. When an employee has exhausted all of his/her paid leaves, he/she may request a leave of absence without pay in accordance
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with this Section. The employee must submit a written request to the Personnel Officer for a leave of absence without pay, along with any supporting documentation. The Personnel Officer may, in his/her discretion, grant an employee a leave of absence without pay for a period not to exceed six (6) months. After the initial six (6) months of leave of absence without pay, the Personnel Officer may, in his/her discretion, extend the leave for up to an additional (3) months. In extraordinary circumstances, the Personnel Officer, in his/her discretion, may extend an employee’s leave for up to three (3) additional months. However, unless otherwise required by law, in no circumstances shall the unpaid leave last longer than one (1) year. Upon expiration of an approved leave of absence, the employee shall be reinstated in the position held at the time the leave of absence was granted. Unless otherwise provided, an employee on a leave of absence without pay shall not receive or accrue any employee benefits during the period of their leave of absence.
Section 4. Voting Leave. In accordance with the California Election Code, Sections 14000 and 14001, if a registered voter employee does not have sufficient time outside regular working hours within which to vote at statewide elections, he/she may take off such working time as will enable him/her to vote. A maximum of two (2) hours may be taken with pay. To receive time off for voting, the employee must notify his/her Department Head in advance. Employees who need Voting Leave, must take such leave at the beginning or end of the employee’s work shift, based on the needs of the Department and the employee’s schedule. The exact amount of time off work and the scheduling of time off shall be decided between the employee and his/her Department Head. Employees are required to present a voter’s receipt to their Department Head.
Section 5. Jury Duty Leave. An employee who is called or required to serve as a trial juror or witness will be excused from work during the period of such service or while present in court as a result of such call. Any employee on such a call will continue to receive normal salary for a total of up to eight (8) days in any one calendar year provided any and all consideration, except travel reimbursement, received for such services is relinquished to the City. Fees for Jury duty performed during hours other than regularly scheduled working hours may be retained by the employee. Under special circumstances the City Manager, or designated representative(s), may authorize additional time if said time will not interfere or become a burden to City activities. Upon return from court duty, the employee shall present a certificate of service to his or her supervisor.
Section 6. Witness Leave. An employee who is called to answer a subpoena as a witness in any matter relating to City business during the employee’s work hours shall be compensated at his/her regular rate of pay for all hours of absence from work due to answering the subpoena, provided the employee shows proof of such subpoena and deposits witness fees received for such hours, exclusive of mileage, with the City. Fees for answering a subpoena as a witness during hours other than regularly scheduled working hours may be retained by the employee.
Section 7. Absence Without Authorization.
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A. When an employee has been absent without authorization from work for more than three (3) workdays, and in the opinion of the Department Head the employee has abandoned his/her position, the Department Head shall notify the Personnel Officer or a designee. The Personnel Officer, or a designee, shall notify the employee that the City has determined he/she has abandoned his/her position and that the employee has seven (7) days upon receipt of the notice to contact the City regarding his/her intent to return to work. Such notice shall be in writing and sent by certified mail or personal service to the last address listed in the employee’s personnel records.
B. Abandonment of position may include, but is not limited to:
(1) Where an employee fails to return to his/her employment upon conclusion of any authorized leave of absence;
(2) Where an employee fails to properly notify by telephone or in writing his/her immediate Supervisor of absence due to sickness or injury, except as provided in Article XXII regarding family care or medical leave;
(3) Where an employee fails to appear for work without notification or express agreement between the Supervisor and the employee as to the use of any leave time set forth under the City’s personnel policies;
(4) Where an employee fails to keep his/her immediate Supervisor apprised of disability status on a daily basis unless otherwise directed by his/her Supervisor.
C. Where an employee fails to respond within seven (7) days to the notice of abandonment of position, the employee may be considered to have abandoned his/her position of employment with the City. Abandonment of position shall constitute an automatic resignation from the City service.
Section 8. Workers’ Compensation Leave.
A. Except as provided in Section 8.B, a temporarily disabled employee on leave for a work related injury shall receive his/her full salary for a period of temporary disability not exceeding six (6) months from and including the first day of temporary disability.
B. Should the employee be ruled eligible for retirement on a permanent disability pension before the expiration of the maximum time period in Section 8.A, such receipt of full salary will terminate upon the date of such retirement eligibility.
C. If the term of temporary disability of an employee exceeds six (6) months, all salary provided by the City shall cease except that the employee may request payment of his/her accumulated sick leave, vacation, or any combination of these leaves in order to supplement temporary disability payments. Such supplement may not result in payment of a salary in excess of what the employee would receive were he/she not disabled. The use of accumulated leaves shall cease as they are exhausted or upon termination of temporary disability payments, whichever occurs first.
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Section 9. Military Leave. Military Leave shall be provided as set forth in the applicable California and federal law. An employee entitled to military leave shall give his/her Department Head 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 his/her military orders to his/her Department Head. The Department Head shall advise the Personnel Officer of such military orders immediately.
Section 10. Reproductive Loss Leave. Reproductive Loss Leave shall be provided as set forth in the applicable California and federal law. Employees are eligible for reproductive loss leave if they have been employees for at least thirty (30) days prior to the leave’s start date and suffer a qualifying event. Eligible employees may take up to five (5) days when they suffer a reproductive loss event, which is the day, or the final day for a multiple day event, of one of the following:
A. Failed Adoption. The dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party.
B. Failed Surrogacy. The dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate.
C. Miscarriage. May be a miscarriage by the employee, by the employee’s current spouse or domestic partner, or by another individual, if the employee would have been a parent as a result of a pregnancy.
D. Stillbirth. May be a stillbirth resulting from an employee’s pregnancy, the pregnancy of an employee’s current spouse or domestic partner, or another individual if the employee would have been a parent as a result of the pregnancy.
E. Unsuccessful Assisted Reproduction. An unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to the employee, the employee’s current spouse or domestic partner, or another individual, if the employee would have been a parent as a result of the pregnancy.
Reproductive Loss Leave is unpaid, but employees can use existing sick leave, vacation, floating holiday or compensatory time off that is otherwise available to the employee.
Section 11. Time Off for Victims of Qualifying Acts of Violence.
A. Employees may take time off for any qualifying act of violence, which is defined as domestic violence, sexual assault and stalking, as well as causing bodily injury or death, exhibiting, drawing, brandishing or using a firearm or other dangerous weapon, or using or making threats of force to cause physical injury or death. Leave may be taken when the employee is the victim or for employees to assist family members who are victims of qualifying acts of violence, including threats. Family members include
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children, parents, parents-in-law, grandparents, grandchildren, siblings, spouses, domestic partners, or a designated person.
B. Employees may take time off for themselves and/or their family members to obtain medical care or to recover from an act of violence; to obtain counseling or mental health services or other services related to the act; to relocate or secure a new residence, school or daycare; to provide care to family members who are victims of violence; to engage in safety planning; and/or for seeking legal services or participating in any civil or criminal legal proceeding, including seeking a temporary restraining order (TRO).
C. If the employee is the victim, they may take a total leave allotment up to twelve (12) weeks. If the employee’s family member is the victim, the total leave available for an employee to assist in relocation is limited to 5 days, with a total of ten (10) days for all reasons in a 12-month period.
D. As a condition of taking leave, the City requires documentation or certification verifying the employee’s (or family member’s) status as a victim and need for leave (a police report, a note from a counselor or other medical professional, or a written statement certifying the need for leave from the employee). Employees must give the Human Resources Manager a copy of the notice given to the victim of each scheduled proceeding before taking time off, unless advanced notice is not feasible. When advanced notice is not feasible, the employee must provide the City with documentation evidencing the judicial proceeding, within a reasonable time after the absence. The documentation may be from the court or government setting the hearing, the district attorney or prosecuting attorney's office, or the victim/witness office that is advocating on behalf of the victim.
E. Employees may elect to use accrued sick leave, vacation, floating holiday or compensatory time off that is otherwise available to the employee. If the employee does not elect to use paid time off, the absence will be unpaid.
F. The City will provide reasonable accommodation for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
G. The City will maintain confidentiality to the extent feasible.
Section 12. Time Off for Selection Procedures. A regular, part- time, or probationary employee shall be entitled to necessary time off with pay to participate in fitness tests, examinations and interviews required by the Personnel Officer during working hours for the purpose of determining eligibility for movement to another class or transfer from one position to another.
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Section 13. Administrative Service Leave.
A. The Administrative Service Leave program is designed for employees whose positions are characterized by:
(1) A work time requirement which exceeds a normal workweek. (2) Mental application to work related matters during off duty hours. (3) A continuing on-call status to address critical problems or issues. (4) An inability of the incumbent to delegate all his/her work during vacations or other time off.
B. Incumbents of the following positions are eligible for the following amounts of Administrative Service Leave:
(1) City Clerk (64 hours)
(2) Code Enforcement/Parking Control Supervisor (40 hours) (3) Planning Manager (40 hours)
(4) Community Services Manager (40 hours)
(5) Administrative Services Manager (40 hours)
(6) Accounting Manager (40 hours)
(7) Human Resources Manager (40 hours)
(8) Code Enforcement/Parking Control Manager (40 hours) (9) Public Works Manager (40 hours)
(10) Building Official (40 hours)
(11) Community Services Supervisor (40 hours)
(12) Facilities Maintenance Supervisor (40 hours)
(13) Assistant City Engineer (40 hours)
(14) Assistant to the City Manager (40 hours)
(15) Administrative Services Supervisor (40 hours)
C. The crediting and use of administrative leave shall be in accordance with the following terms and conditions:
(1) Administrative Service Leave shall be credited to the incumbents at the beginning of the fiscal year. The City Manager shall have the discretion to increase the maximum amount of Administrative Service Leave, up to a maximum amount of
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sixty-four (64) hours, to the employees listed in Section 11.B, as he/she deems necessary.
(2) All Administrative Service Leave should be used within the fiscal year in which it is granted. Any Administrative Service Leave remaining at the end of the fiscal year will carry over to the following year, but will decrease the amount of Administrative Service Leave that is credited for the following fiscal year. (3) No employee may have more than his/her respective maximum credit limit accumulated in his/her Administrative Service Leave account at any time. (4) Employees eligible for overtime pay may not participate in the Administrative Service Leave program.
(5) The taking of leave is subject to approval of the City Manager and/or Department Head.
(6) Leave will be granted only when such absence will not result in additional salary costs to the City or disruption of City services. (7) The minimum charge to an employee’s Administrative Service Leave account shall be one-quarter (¼) hour.
Section 14. Fitness for Duty Leave. 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. Fitness for Duty Leave is intended to provide a safe environment, protect the health and welfare of employees and the public. If an employee feels that he/she is not fit to perform his/her duties, he/she must notify his/her Supervisor immediately.
A. Reasons for Fitness for Duty Leave. A paid Fitness for Duty Leave may be ordered in any of the following situations:
(1) An employee returns from a medical leave of absence of more than five (5) working days.
(2) An employee is involved in the interactive process with the City under Article IV, Section 2.
(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, and 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 or prescription drugs or alcohol shall be conducted in accordance with the City’s Drug-Free Workplace Policy.
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B. Procedures for Ordering a Fitness for Duty Examination. When a Supervisor becomes aware of or observes behavior that makes him/her reasonably suspect that the employee may not be fit for duty, the Supervisor, shall refer the employee to the Personnel Officer who will schedule the employee for a fitness for duty examination.
If the circumstances warrant it, the Personnel Officer, after conferring with the employee’s Department Head, may place the employee on paid leave pending the results of the employee’s fitness for duty examination. The examination shall be paid for by the City.
C. Procedure Following Receipt of Examination Results. The doctor examining the employee shall be limited to finding the employee “fit for duty” or “fit for duty with restrictions” or “unfit for duty”. In the case of finding an employee fit for duty, the doctor may issue work restrictions. In no case shall the doctor reveal the underlying cause of the determination that the employee is fit or unfit for duty without the employee’s permission.
(1) 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 his/her position. (2) Fit for Duty with Restrictions. If the doctor finds the employee is fit for duty with restrictions, the doctor shall specifically enumerate what restrictions are necessary and for how long those restrictions are necessary. The City shall then evaluate those restrictions, and determine if the City can reasonably accommodate those restrictions. If the employee’s restrictions are based on a disability as defined by the ADA and/or FEHA, the City shall engage in the interactive process as set forth in Article IV, Section 2.
(3) Unfit for Duty. If the employee is found to be unfit for duty, he/she shall not be permitted to work. He/She may request a leave of absence in accordance with the appropriate provision(s) of these Personnel Rules. If the employee can provide certification of fitness for duty prior to the exhaustion of all paid and unpaid leave that he/she is entitled to under these Personnel Rules, the employee shall be returned to work. However, if such certification is from the employee’s own health care provider, the City may request a second opinion from a doctor of its choosing and at its cost to evaluate the employee under the requirements of this Section. If the two certifications conflict, a third opinion will be sought from a doctor chosen by the City and the employee, at the expense of the City. The opinion of fit or unfit rendered by the third doctor shall be binding. If the employee’s restrictions are based on a disability as defined by the ADA and/or FEHA, the City shall engage in the interactive process as set forth in Article IV, Section 2A.
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ARTICLE XXVII. FAMILY CARE AND MEDICAL LEAVE
Section 1. Purpose. The purpose of this Article is to advise you of your rights under the State and Federal Pregnancy Disability Leave laws. Also, it is intended to provide information regarding the City’s administration of the Pregnancy Disability Leave laws.
Section 2. Definitions. The following definitions apply for purposes of this Article only:
H. Child. A biological, adopted or foster child; a stepchild; a legal ward; or a child of an employee who stands in loco parentis to that child, who is either:
(1) under eighteen (18) years of age; or
(2) an adult dependent child; or
(3) eighteen (18) years of age or older who is incapable of self-care because of mental, intellectual, or physical disability.
I. Employee. Any person regularly employed by the City on a full-time or part-time basis.
J. Equivalent Job Position. A job with corresponding benefits, pay, duties, responsibilities, authority, skill, effort, terms, conditions and privileges of the employee’s position before the commencement of family care or medical leave, including the same or substantially similar geographic location and shift.
K. Foster Care. The twenty-four (24) hour care for children in substitution for, and away from, their parents or guardian which involves an agreement between a state and the foster family. Foster care may be with a child’s relatives.
L. Health Care Provider. Any of the following: (1) An individual holding either a physician, osteopathic or surgeon’s certificate; (2) any person duly licensed as a physician, surgeon or osteopathic physician in California or in another state or jurisdiction who directly treats or supervises the treatment of the serious health condition; (3) licensed midwives, clinical psychologists, clinical social workers, chiropractors, physician assistants, marriage and family therapists, and acupuncturists; or (3) any other person determined by the Secretary of Labor to be capable of providing health care services.
M. Intermittent Leave. Leave taken a few hours off or a day or a week off at intervals or pursuant to a reduced work schedule.
N. Parent. A biological, adoptive or foster parent; a stepparent; a legal guardian; or other person who stood in loco parentis to an employee when the employee was a child. A biological or legal relationship is not necessary for a person to have stood in loco parentis to the employee as a child. A parent does not include a parent-in-law.
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O. Reduced Work Schedule. A regular work schedule that reduces the usual number of hours per work week or per work day.
P. Serious Health Condition. An illness, injury (including on-the-job injury), impairment, or physical or mental condition of the employee; or a child, parent, spouse, domestic partner, grandchild, grandparent, sibling, and designated person of the employee which involves one of the following:
(1) inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential health care facility;
(2) a period of incapacity of more than three (3) consecutive days that involves treatment two (2) or more times by a health care provider or a regimen of continuing treatment;
(3) any period of incapacity due to pregnancy or for prenatal care; (4) a chronic condition that requires periodic treatment by a health care provider and continues over an extended period of time;
(5) a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; or
(6) any period of absence to receive multiple treatments, including the recovery therefrom.
Q. Spouse. A person considered legally married, by the State of California, to an employee. An unmarried domestic partner is not considered a “spouse” for purposes of this Article.
R. Designated Person. A person identified by the employee at the time the employee requests paid sick days. An employer may limit an employee to one designated person per 12-month period for paid sick days.
Section 3. Eligibility for Leave. An employee is eligible for family care or medical leave if he/she has been employed by the City for at least twelve (12) months prior to the date on which the family care or medical leave is to commence, and has worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) month period preceding the family care or medical leave.
Section 4. Types of Family Care or Medical Leave. An employee is entitled to take family care or medical leave under the following circumstances:
A. Because of the birth of a child or to care for the child within one year of his/her birth.
B. Because of the placement of a child with the employee for adoption or foster care or to care for the child within one year of his/her placement.
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C. To care for a spouse, domestic partner, child or parent with a serious health condition.
D. Because of the employee’s own serious health condition which makes the employee unable to perform one or more of the essential functions of his/her position.
Section 5. Duration of Leave.
A. An eligible employee may take up to twelve (12) workweeks of unpaid family care or medical leave in a rolling twelve (12) month period measured backwards from the date the employee uses any family care or medical leave.
B. Family care or medical leave does not need to be consecutive. Rather, the family care or medical leave is cumulative within the twelve (12) month period.
C. The maximum amount of family care leave both parents who are employed by the City and who are both eligible for family care leave due to the birth, adoption, or foster care placement of a child or to care for a child, is twelve (12) workweeks each in the twelve (12) month period. However, both spouses or domestic partners may be on family care leave simultaneously if the employees provide a certificate, from a health care provider, stating the need for both employees’ participation in the care of the child.
Section 6. Intermittent Leave.
A. Family care or medical leave may be taken intermittently or on a reduced work schedule when medically necessary. If an employee requests a reduced work schedule or an intermittent work schedule, the City may require that the employee transfer to an available alternative position for which the employee is qualified and which provides equivalent pay and benefits and that better accommodates the intermittent or reduced work schedule than the employee’s regular position.
B. The minimum duration of a family care or medical leave taken for the birth, adoption or foster care placement of a child shall be two (2) weeks. However, the City may also grant a request for family care or medical leave periods of at least one day but less than two (2) weeks duration on any two (2) occasions during a twelve (12) month period.
C. As with all absences due to family care or medical leave, the City shall make deductions from an employee’s salary for all unpaid hours of intermittent family care or medical leave taken by the employee. For purposes of calculating salary, an employee’s salary is based on a forty (40) hour, four (4) day workweek. Such deductions do not impact the employee’s classification as exempt or nonexempt for purposes of the FLSA.
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D. For part-time employees and those who work variable hours, the family care or medical leave entitlement is calculated on a pro rata basis. A weekly average of the hours worked over the twelve (12) workweeks prior to the beginning of the leave shall be used for calculating the employee’s normal workweek.
E. The minimum family care or medical leave increment that can be taken by an employee is one-quarter (¼) hour.
Section 7. Use of Accumulated Leave. Leave taken under this Article is unpaid.
Where an employee has accumulated paid leave he/she shall be required to substitute said paid leave in accordance with this Article. Where available, paid leave shall run concurrently with the family care or medical leave, and shall not extend the employee’s entitlement to family care or medical leave beyond twelve (12) workweeks.
A. Sick Leave. Employees are required to substitute all accumulated sick leave when medical leave is taken for the employee’s own serious health condition. Except as otherwise stated herein, employees may elect to substitute their accumulated sick leave when leave is taken for any other reason.
B. Vacation and Holiday Time. Employees are required to substitute all accumulated vacation leave and holiday leave when taking family care or medical leave for any reason.
C. Compensatory Time. If the employee elects to use any of his/her accumulated compensatory time off, it shall not be counted against his/her family or medical leave entitlement.
D. Workers’ Compensation. Pursuant to federal law, employees who are receiving workers’ compensation benefits for a work-related illness or injury that also qualifies as a serious health condition may not coordinate any accrued paid leaves with their workers’ compensation payments as long as they are protected by this Rule. If the employee is still receiving workers’ compensation benefits when his/her twelve (12) workweeks of leave under this Rule expire, he/she may then begin coordinating his/her accrued paid leaves.
Section 8. Request for Leave.
A. Employees requesting family care or medical leave must provide the Personnel Officer with not less than thirty (30) days advance written notice before the date the family or medical leave is to begin. When an emergency makes it impossible to provide such advance notice, the employee shall request the family care or medical leave as much in advance of the date for the proposed commencement of the family care or medical leave as is possible. If an emergency makes it impossible to provide any advance notice, the employee shall notify the Personnel Officer as soon as practicable.
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B. In any case in which the need for family care or medical leave is foreseeable based on planned medical treatment, the employee shall make a reasonable effort to schedule the treatment, subject to the approval of the health care provider, so as not to unduly disrupt the operations of the City.
C. In the event that an employee requires intermittent family care or medical leave, including, but not limited to, prolonged treatment plans or a series of surgeries, he/she shall notify the City of the anticipated dates for the family care or medical leave as much in advance as possible.
D. All requests for family care or medical leave should include the anticipated date(s) and duration of the leave and should be sufficient to make the City aware that the employee needs leave under this Article. The employee must state the reason the leave is needed (i.e., which of the reasons stated in Section 4 of this Article). The Personnel Officer has a form employees can use that meets these requirements.
E. Any request for extensions of a family care or medical 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 family care or medical leave.
Section 9. Certification.
A. Original Certification. Employees requesting family care or medical leave for any reason are required to submit certification from the treating health care provider on a form provided by the City.
Said certification shall be provided, when possible, in advance of or at the start of the family care or medical leave. If the need for the family care or medical leave does not permit this timing, the certification shall be provided reasonably soon after the family care or medical leave commences, typically within two (2) days of the emergency requiring the family care or medical leave.
Failure to provide the certification within fifteen (15) days after the City’s request for certification may result in a denial of the employee’s continued leave until the certification is provided.
B. Second Opinion. When family care or medical leave is requested due to the employee’s own serious health condition, the City may require a second opinion at its expense, from a health care provider chosen by the City who is not employed by the City on a regular basis, to verify the serious health condition.
In the event of a conflict between the employee’s treating health care provider and the findings of the City’s health care provider as a result of the second opinion, the City may require a third opinion, by a health care provider chosen jointly by the
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employee and the City, at the City’s expense. The opinion of the third health care provider shall be final and binding on both the City and the employee.
C. Recertification. The City may request recertification of medical conditions once every thirty (30) days of the employee’s medical leave. However, the City may request recertification of a medical condition outside of this time period in the following circumstances:
(1) Circumstances described by the previous certification have changed significantly; or
(2) The City receives information that casts doubt upon the employee’s stated reason for the absence.
D. Any recertification requested will be at the City’s expense. No second or third opinions will be required.
E. Upon expiration of the time estimated by the employee’s health care provider on the certification for family care or medical leave, the City may require the employee to obtain recertification in accordance with the procedures provided in Section 9.A.
F. Return to Duty Certification. As a condition of restoration to employment, an employee taking family care or medical leave for the employee’s own serious health condition is required to provide the City with certification from his/her health care provider stating that he/she is able to resume his/her essential work functions.
Section 10. Employment and Benefits Protection.
A. Restoration to Position. When an employee returns from family care or medical leave, the employee will be restored to the position held when the family care or medical leave began, or to an equivalent job position.
B. Denial of Restoration Rights. The City shall refuse to reinstate an employee to employment when either of the following conditions exists:
(1) Position No Longer Exists. The employee’s position and any equivalent job position have ceased to exist because of legitimate business reasons unrelated to the employee’s family care or medical 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, but 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. (2) Key Employees. The employee is a salaried eligible employee who is among the highest paid ten percent (10%) of the employees; and
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(a) The City’s operations will suffer substantial and grievous economic injury if the City is forced to reinstate the employees; and (b) The City notifies the employee that it does not intend to reinstate him/her as soon as it determines that such economic injury would occur; and
(c) Where leave has begun, the employee elects not to return to work after receiving such notice from the City.
C. Accumulated Benefits. Unpaid family care or medical leave will not constitute a break in service and shall not result in the loss of any employment benefits accrued before the date the family care or medical leave commenced. However, the employee shall not accrue any employment benefits while on unpaid family care or medical leave.
D. Employment Benefits. Unpaid family care or medical leave shall not count as time worked for purposes of establishing seniority for layoff, recall, promotion, job assignment and seniority related benefits such as vacation. Employment benefits other than health benefits shall be handled in the same manner as benefits for an employee on a leave of absence without pay.
E. Maintenance of Employer Contributions to Employee Health Benefits. Employees will continue to receive the same medical benefits while on unpaid family care or medical 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 employee’s health benefits while the employee is on unpaid family care or medical leave. Benefits for absences beyond the twelve (12) week period will be handled in the same manner as benefits for employees on a leave of absence without pay.
An employee who notifies the City that he/she does not intend to return from unpaid family care or medical leave is not entitled to paid medical benefits provided by the City as if he/she were on family care or medical leave. Instead, the employee is entitled to the same benefits, if any, provided to other employees who are on a leave of absence without pay.
F. Maintenance of Benefits Requiring Employee Contributions. (1) During unpaid family care or medical leave, an employee may elect to discontinue health insurance coverage for the employee or the employee’s spouse, domestic partner, and/or dependent(s) as well as any benefits other than the employee’s health benefits offered or sponsored by the City to which the employee is required to make monthly contributions.
(2) An employee shall continue to be responsible for making the payment of required contributions towards the cost of benefits not revoked under Section
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10.F(1). If any premium amounts are increased or decreased as to other employees similarly situated, the employee shall be required to pay the new premium rates.
(3) All contributions the employee is required to make, under Section 10.F(2), are due and payable to the City at the same time, as they would be made through payroll deduction.
(4) If any monthly contributions required under this Section 10.F are not received within thirty (30) days of their due date and the City has given the employee written notice at least fifteen (15) days in advance advising that coverage will cease if payment is not received, the City may either discontinue said benefit(s), or make the contributions on the employee’s behalf and recover the contributions from the employee upon the employee’s return to work. (5) Employees included in a retirement plan may continue to make contributions in accordance with the terms of the plan during the family care or medical leave. However, the City shall not be required to make plan payments for employees during the unpaid family care or medical leave.
G. Failure to Return from Leave. The City shall recover its share of health insurance premium payments made during a period of unpaid family care or medical leave from an employee who fails to return to work after exhausting family care or medical leave unless the reason for the employee’s failure to return to work is (1) the continuation, recurrence, or onset of a serious health condition that would entitle the employee to family care or medical leave or (2) other circumstances beyond the employee’s control.
ARTICLE XXIII. PREGNANCY DISABILITY LEAVE
Section 1. Purpose. The purpose of this Article is to advise you of your rights under the State and Federal Pregnancy Disability Leave laws. Also, it is intended to provide information regarding the City’s administration of the Pregnancy Disability Leave laws.
Section 2. Definitions. The following definitions apply for purposes of this Article only:
A. Employee. Any person regularly employed by the City on a full-time or part-time basis.
B. Equivalent Job Position. A job with corresponding benefits, pay, duties, responsibilities, authority, skill, effort, terms, conditions and privileges of the employee’s position before the commencement of family care or medical leave, including the same or substantially similar geographic location and shift.
C. Health Care Provider. Any of the following: (1) An individual holding either a physician, osteopathic or surgeon’s certificate; (2) any person duly licensed as a physician, surgeon or osteopathic physician in California or in another state or
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jurisdiction who directly treats or supervises the treatment of the serious health condition; (3) licensed midwives, clinical psychologists, clinical social workers, chiropractors, physician assistants, marriage and family therapists, and acupuncturists; or (3) any other person determined by the Secretary of Labor to be capable of providing health care services.
D. Intermittent Leave. Leave taken a few hours off or a day or a week off at intervals or pursuant to a reduced work schedule.
E. Reduced Work Schedule. A regular work schedule that reduces the usual number of hours per work week or per work day.
Section 3. Eligibility for Leave. An employee who is disabled on account of pregnancy, childbirth or related medical conditions is eligible for pregnancy disability leave, regardless of how long the employee has been a City employee.
Section 4. Duration of Leave.
A. An eligible employee may take up to four (4) months of unpaid pregnancy disability leave per pregnancy, in addition to any family care or medical leave to which the employee may be entitled under Article XXII.
Section 5. Intermittent Leave.
A. Pregnancy 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 disability leave increment that can be taken by an employee is one-quarter (¼) hour. If pregnancy disability leave is taken on an intermittent or reduced schedule basis, and it is foreseeable based on planned medical treatment because of pregnancy, the City retains 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.
B. The City shall make deductions from an employee’s salary for all unpaid hours of intermittent pregnancy disability leave taken by the employee. For purposes of calculating salary, an employee’s salary is based on a forty (40) hour, four (4) day workweek. Such deductions do not impact the employee’s classification as exempt or nonexempt for purposes of the FLSA.
Section 6. Use of Accumulated Leave. An employee taking pregnancy related disability leave must substitute any available sick leave for her leave and may, at her option, substitute any accumulated vacation time, holiday pay, or compensatory time for her pregnancy related disability leave. With the exception of compensatory time, the paid leave shall run concurrently with the pregnancy related disability leave, and shall not
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extend the employee’s entitlement to pregnancy related disability leave beyond four (4) months.
Section 7. Request for Leave.
A. Where the need for pregnancy disability leave or transfer is foreseeable, the employee must provide the Personnel Officer with not less than thirty (30) days advance written notice before the date the pregnancy disability leave is to begin.
When an emergency makes it impossible to provide such advance notice, the employee shall request the family care or medical leave as much in advance of the date for the proposed commencement of the family care or medical leave as is possible. If an emergency makes it impossible to provide any advance notice, the employee shall notify the Personnel Officer as soon as practicable.
B. In any case in which the need for pregnancy disability leave is foreseeable based on planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment, subject to the approval of the health care provider, so as not to unduly disrupt the operations of the City.
C. In the event that an employee requires intermittent pregnancy disability leave, she shall notify the City of the anticipated dates for the pregnancy disability leave as much in advance as possible.
D. All requests for pregnancy disability leave should include the anticipated date(s) and duration of the leave and should be sufficient to make the City aware that the employee needs leave under this Article. The employee must state that the leave is needed for pregnancy disability purposes. The Personnel Officer has a form employees can use that meets these requirements.
E. Any requests for extensions of a pregnancy disability 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 pregnancy disability leave.
Section 8. Certification.
A. Certification for Leave. Any request for pregnancy disability leave must be supported by a medical certification from a health care provider. Employees requesting pregnancy disability leave for any reason are required to submit certification from the treating health care provider on a form provided by the City.
Said certification shall be provided, when possible, in advance of or at the start of the family care or medical leave. If the need for the pregnancy disability leave does not permit this timing, the certification shall be provided reasonably soon after the pregnancy disability commences, typically within two (2) days of the
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emergency requiring the family care or medical leave. Failure to provide the certification within fifteen (15) days after the City’s request for certification may result in a denial of the employee’s continued leave until the certification is provided.
B. Certification for Transfer. Any request for pregnancy disability transfer must be supported by a medical certification from a health care provider. Employees requesting a transfer due to pregnancy disability must submit certification from the treating health care provider on a form provided by the City.
C. Second/Third Opinions. There will be no second or third opinion regarding pregnancy disability leave.
D. Recertification. The City may request recertification of pregnancy disability if the employee requests an extension to her pregnancy disability leave.
E. Return to Duty Certification. As a condition of restoration to employment, an employee taking family care or medical leave for the employee’s own serious health condition is required to provide the City with certification from her health care provider stating that she is able to resume her essential work functions.
Section 9. Employment and Benefits Protection. The provisions set forth in Article XXII regarding employment and benefits protection also apply to pregnancy disability leaves of absence
Section 10. Other Terms and Conditions of Leave. The provisions set forth in Article XXII regarding the leave’s effect on pay and reinstatement also apply to pregnancy disability leaves of absence. However, for pregnancy disability leaves of absence, there is no reinstatement exception for key employees. Employees should be aware that a pregnancy-related disability may be considered a serious health condition under the FMLA, and may be counted against an employee’s FMLA eligibility, but not an employee’s CFRA leave eligibility. Consequently, an employee’s FMLA entitlement may run concurrently with the employee’s pregnancy disability leave entitlement. For more information on how pregnancy disability leave affects family or medical leave entitlement, please contact the Personnel Officer.
ARTICLE XXIV. VACATION
Section 1. Accumulation of Vacation.
A. Employees occupying full time positions shall accrue vacation time expressed in working hours in accordance with the following:
Months of
Service
Hours Accrued
Per Month
Annual
Accrual
1-60 8 96
61-120 12 144
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121+ 16 192
B. Employees occupying part-time positions, who have completed one year of employment with the City, shall accrue vacation time expressed in working hours in accordance with the following:
Months of
Service
Hours Accrued
Per Month
Annual
Accrual
13-60 4 48
61-120 6 72
121+ 8 96
Maximum accumulation of vacation time for full-time and part-time employees is three hundred sixty (360) hours. When an employee’s accumulated vacation reaches the maximum accumulation limit, accrual shall cease until such time that the employee uses vacation and amount of accumulated vacation falls below the maximum accumulation limit.
C. Probationary employees shall begin accrual of vacation leave effective on their first day of employment. New employees shall not be eligible to take vacation leave until completion of six (6) months of continuous service. Probationary employees may request exceptions to this policy, which may or may not be granted by the City Manager, in his/her discretion.
D. Upon hire, the City Manager may, in their discretion, elect to provide accrual at any of the rates described above to a new employee based upon prior service with a public agency, as a method to assist in recruiting for difficult to fill positions, or for any other business reason that is in the best interest of the City.
E. Upon hire, the City Manager may, in their discretion, provide a bank of accrued vacation of up to two (2) weeks, to a new employee in recognition of prior public agency service.
Section 2. Use of Vacation Time.
A. It is the intent that vacation time be used in time increments sufficiently long to permit the employees an adequate period of rest. The use of vacation time in less than weekly increments is discouraged. In no event may vacation be taken for a period exceeding the number of accrued whole days. The minimum charge to an employee’s vacation account shall be one-quarter (¼) hour.
B. Vacations shall be taken at times determined by the Department Head with due regard for the wishes of the employee and particular regard for needs of the service.
EXHIBIT A
C. Unless otherwise provided by departmental rules, employees shall submit vacation requests to their Supervisor at least seven (7) days prior to the proposed start of vacation.
D. No person shall be permitted to work for compensation for the City during his/her vacation except with prior approval of the Personnel Officer or designated representative.
E. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave; however, extension of the vacation leave for the period of such holiday(s) is subject to approval of the employee’s Department Head.
F. Employees on a ten (10) hour workday may take ten (10) hours of vacation time per day.
G. Employees may not request or schedule vacation time unless they have accrued vacation time available. If an employee wishes to take time off when he/she does not have available vacation time or other available leave on the books, the employee must request unpaid leave under Article XXI, Section 3.
Section 3. Vacation Sell-Back.
A. In accordance with 26 CFR 1.451-2, beginning for leave to be sold back in fiscal year 25/26, employees will be required to submit a written irrevocable election form prior to the year in which the leave is earned (the constructive receipt plan year), designating the amount of leave they are electing to sell back the following year.
Please refer to the election form procedures for specific guidelines. Participation in the pre-election of vacation sell-back is optional. Employees who do not submit an irrevocable election form by June 30 of each year will be considered as opting out of the optional vacation sell-back for the following fiscal year.
B. Employees who have submitted an irrevocable election form as set forth above in Section 3.A and have reached three hundred fifty (350) hours of vacation accumulation may sell back vacation time to the City on the basis of two vacation hours for each vacation hour taken off by the employee during that fiscal year (July 1 - June 30), up to a sell-back limit of eighty (80) hours. Any vacation time that is scheduled and approved by the Department Head which is later cancelled or postponed by the Department Head or City Manager, will be counted as vacation time used for the purpose of determining the eligible hours for sell-back. The sell back of vacation time shall be limited to one time during the fiscal year.
EXHIBIT A
C. Employees must submit a written request for vacation sell-back to the Personnel Department. The request must specify the exact number of hours they are selling back to the City. Increments of less than an hour or amounts above the eighty (80) hour limit will not be accepted.
D. The Personnel Department shall verify employee eligibility and forward the request to the City Manager within one week of receipt. The City Manager will approve or deny all vacation sell-back requests. Approved requests will be sent to the Finance Department for processing of payment. Requests that have been denied will be returned to the Personnel Department with an explanation for the denial. The Personnel Department will be responsible for notifying employees of the outcome of their request.
E. Payment will be made on an hour for hour basis, based on the employee’s hourly base pay (exclusive of any incentive, retirement, special or other pays) at the time the sellback request is made.
F. Payment will be made as soon as possible after receipt of approved requests.
EXHIBIT A
RESOLUTION NO. 2025-22
RESOLUTION NO. 2025-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA
ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITATION (GANN LIMITATION) FOR FISCAL YEAR 2025/26
WHEREAS, on November 6, 1979, the voters of California added Article XIIIB to the State Constitution placing various limitations on the appropriation of the State and local governments; and
WHEREAS, Article XIIIB provides that the appropriation limit for Fiscal Year 2025/26 should not exceed the City of Stanton’s appropriation limit for Fiscal Year 2025/26, adjusted for inflationary and population changes; and
WHEREAS, the City Council may choose to use the following as adjustment factors: (1) the annual growth in California per capita personal income or the growth in non-residential assessed valuation due to new construction within the city, and (2) population growth in the City of Stanton or population growth in the County of Orange, as provided by the State Department of Finance; and
WHEREAS, the information necessary for making these adjustments is attached as Exhibit A; and
WHEREAS, the City of Stanton has complied with all the provisions of Article XIIIB and amendments thereto per Proposition 111 in determining the appropriations limit for Fiscal Year 2025/26.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, DOES RESOLVE, DECLARE DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
Section 2. The appropriations limitation for Fiscal Year 2025/26 is $88,146,038 as shown in attached Exhibit A; and,
Section 3. The amount of appropriations of the City of Stanton for Fiscal Year 2025/26 that are subject to the limitation are $29,342,487; and, Section 4. The appropriations of the City of Stanton for Fiscal Year 2025/26 do not exceed the limitation.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
ATTACHMENT G
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RESOLUTION NO. 2025-22
ADOPTED, SIGNED AND APPROVED this 10th day of June, 2025.
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2025-22 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on June 10, 2025, and that the same was adopted, signed, and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
ATTACHMENT G
EXHIBIT A
FY 2025/26 APPROPRIATION LIMITATION CALCULATION
FY 2024/25 Limitation $82,672,345
x Annual adjustment factors:
Population increase (for City of Stanton) 0.17% 1.0017
Inflation changes (California personal income) 6.44% x 1.0644 Combining adjustment factors 1.0662
2025/26 Limitation $88,146,038
APPROPRIATIONS SUBJECT TO LIMITATION AND APPROPRIATIONS MARGIN:
Budgeted appropriation FY 2025/26 $45,364,950
Less exclusions (non-proceeds of taxes) (15,300,378)
Increase (decrease) in fund balance (722,085)
Total appropriations subject to limitation $29,342,487
Appropriations margin $58,803,551
CITY OF STANTON
RESERVE FUND POLICY
I. BACKGROUND/ PURPOSE
The City of Stanton provides a wide range of services that impact the public safety and the quality of life of its residents and community members every day. Appropriate reserves are a key attribute of a financially stable organization and are an important component of the City’s overall financial health. Strong reserves position an organization to weather significant economic downturns more effectively, manage the consequences of outside agency actions that may result in revenue reductions, and address unexpected emergencies. Establishing a formalized Reserve Policy (the “Policy”) will serve as the framework to enable the City to meet its financial commitments and address unexpected future events in a fiscally prudent manner.
The purpose of this policy is to document the City’s approach to establishing and maintaining strong reserves. The guidelines set forth will better enable the City to mitigate various risks, which could result in a shortfall of available money to meet the basic services and needs of the City. Examples of risks include natural disasters, such as earthquakes, storms, floods, and unexpected shortfalls in revenue sources, such as property taxes and sales taxes.
This policy is designed to:
1. Identify funds for which reserves should be established and maintained.
2. Establish target reserve levels and a methodology for determining levels.
3. Establish criteria for the use of reserves and mechanisms to replenish reserves.
II. PERIODIC REVIEW
This Reserve Policy and the appropriate level of reserves are to be reviewed and approved by City Council at least during the budget process. The Finance Department will continue to monitor reserve and investment balances year-round to maintain healthy reserve levels.
III. USE OF RESERVE FUNDS
Reserve balances will be reviewed on an annual basis at, or near, the end of the fiscal year to ensure compliance with this Policy. In the event that the reserves exceed the established targets, excess monies can be transferred annually to the Capital Reserve.
On an as-needed basis, money from the Capital Reserve can be used to supplement the Emergency Disaster Contingency Reserve to cover any shortfalls created by a public emergency or natural disaster.
The following committed reserves have been designed by the City in the event of unforeseen expenditures as well as to establish funding for anticipated future
ATTACHMENT H
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CITY OF STANTON
RESERVE FUND POLICY
expenditures that require ongoing funding for significant future outlays. These committed balances are established by a resolution of the City Council and cannot be changed except by a similar subsequent City Council action. Recommendations to appropriate from any of these reserves will be brought forward by the City Manager and will require approval by a majority of the City Council. In the event any of these reserve balances are reduced below the target amounts established by this Policy, the City Council shall prepare a plan as promptly as conditions warrant to replenish the balance to the Policy’s levels. The committed reserves are presented as follows:
A. Economic Uncertainty Reserve
• Purpose: These funds are committed to mitigate economic uncertainties, local disasters, and other financial hardships or downturns in the local or national economy.
• Target Level: The City’s target will be 20% (rounded to the next $100,000) of the General Fund operating expenditures, in accordance with the recommendation of the Government Finance Officers Association (GFOA). • Events or Conditions Prompting Its Use: This reserve may be utilized as needed to pay outstanding operating expenditures due to budgeted revenue shortfalls. Use may include, but is not limited to:
o Significant decrease in property, sales, or transactions and use tax, or other revenues.
o Reductions in revenue due to actions by the state/federal government.
B. Equipment and Maintenance Reserve
• Purpose: These funds are committed to provide funding for non-scheduled capital asset repair and replacement.
• Target Level: $150,000.
• Events or Conditions Prompting Its Use: This reserve may be utilized for the timely replacement or repair of City equipment or facilities costing more than $15,000.
C. Technology Equipment Reserve
• Purpose: These funds are committed to provide funding for the timely replacement of technology equipment.
• Target Level: $150,000.
• Events or Conditions Prompting Its Use: This reserve may be utilized in the event of an unplanned failure of IT equipment.
ATTACHMENT H
CITY OF STANTON
RESERVE FUND POLICY
D. Vehicle Replacement Reserve
• Purpose: These funds are committed to provide funding for the timely replacement of vehicles. This reserve will be held in the City’s Fleet Maintenance Internal Service Fund.
• Target Level: $100,000.
• Events or Conditions Prompting Its Use: This reserve may be utilized to replace City vehicles.
E. Emergency Disaster Contingency Reserve
• Purpose: These funds are committed to mitigate costs of unforeseeable emergencies, such as natural disasters, catastrophic events, or any situation requiring the declaration of an emergency as defined by Stanton Municipal Code Section 2.56.050.C.
• Target Level: The City’s target will be 10% (rounded to the next $100,000) of the General Fund operating expenditures.
• Events or Conditions Prompting Its Use: This reserve may be utilized to cover unexpected losses experienced by the City as a result of an unplanned, emergency event as described above.
F. Capital Reserve
• Purpose: These funds are committed for key infrastructure and capital improvement projects and established to provide capital repair and replacement funding as the City’s infrastructure deteriorates over its expected useful life.
• Target Level: $5,000,000 in the General Fund and $1,000,000 in the Sewer Maintenance Enterprise Fund.
• Events or Conditions Prompting Its Use: This reserve may be utilized for capital projects approved by City Council.
G. Pension and Other Post-Employment Benefits Stabilization Reserve • Purpose: These funds are committed to mitigate volatile increases in employer contribution rates to the California Public Employees’ Retirement System (CalPERS) and the cost of retiree health insurance premiums. In addition, this reserve can be used to provide additional payments to CalPERS to pay down the City’s pension liability. This reserve is maintained in the City’s Employee Benefits Internal Service Fund.
• Target Level: Minimum of 50% of the City’s unfunded actuarial liability with CalPERS to be .held in an irrevocable trust fund.
• Events or Conditions Prompting Its Use: This reserve may be utilized when the City’s revenues cannot support increases to the City’s CalPERS employer contributions or City’s share of retiree healthcare premiums. In addition, this
ATTACHMENT H
CITY OF STANTON
RESERVE FUND POLICY
reserve can be used to make additional payments to lower the City’s total pension liability.
H. Sewer Working Capital Reserve
• Purpose: These funds are used to cover temporary cash f low deficiencies caused by timing differences between the receipt of operating revenues and expenditure requirements. The City collects 60% of its revenues twice per year through the customers’ property tax payments. Therefore, the Working Capital Reserve ensures sufficient cash flow to meet operating obligations and pay-asyou-go capital improvement project funding (PayGO CIP). • Target Level: The City’s target will be 50% (rounded to the next $100,000) of the Sewer Maintenance Fund’s (#501) operating expenditures, including PayGO CIP.
• Events or Conditions Prompting Its Use: This reserve may be routinely utilized by staff as needed to pay outstanding operating and PayGO CIP obligations prior to the receipt of anticipated operating revenue.
IV. Unassigned General Fund Balance
The unassigned General Fund balance is maintained to provide for contingencies for unforeseen operating or capital needs and to meet the City’s cash flow requirements. The purpose of this reserve is to provide budgetary stabilization and not serve as an alternate funding source for new programs and ongoing operating expenditures.
ATTACHMENT H
Resolution No. 2025-23
RESOLUTION NO. 2025-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING THE CITY OF STANTON RESERVE POLICY FOR FISCAL YEAR 2025/26 WHEREAS, in June 2011, the City Council of the City of Stanton adopted Resolution No. 2011-34, establishing a commitment of fund balance for a General Fund Emergency Disaster Contingency; and,
WHEREAS, in March 2017, the City Council of the City of Stanton approved Resolution No. 2017-10 which approved the General Fund Reserve Policy that established committed reserves of fund balance for unforeseen expenditures as well as anticipated future expenditures that require ongoing funding for significant future outlays; and WHEREAS, in June 2021, the City Council of the City of Stanton approved Resolution No. 2021-23 that established reserves in additional City funds; and, WHEREAS, the Reserve Policy calls for City Council to review and approve the policy and reserve levels during the budget process; and,
WHEREAS, the Reserve Policy is attached to this resolution as Exhibit A.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The City of Stanton Reserve Policy as attached as Exhibit A is hereby approved and adopted.
SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.
ATTACHMENT I
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Resolution No. 2025-23
ADOPTED, SIGNED AND APPROVED this 10th day of June, 2025.
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
ATTEST:
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2025-23 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on June 10, 2025, and that the same was adopted, signed, and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
ATTACHMENT I
CITY OF STANTON
RESERVE FUND POLICY
I. BACKGROUND/ PURPOSE
The City of Stanton provides a wide range of services that impact the public safety and the quality of life of its residents and community members every day. Appropriate reserves are a key attribute of a financially stable organization and are an important component of the City’s overall financial health. Strong reserves position an organization to weather significant economic downturns more effectively, manage the consequences of outside agency actions that may result in revenue reductions, and address unexpected emergencies. Establishing a formalized Reserve Policy (the “Policy”) will serve as the framework to enable the City to meet its financial commitments and address unexpected future events in a fiscally prudent manner.
The purpose of this policy is to document the City’s approach to establishing and maintaining strong reserves. The guidelines set forth will better enable the City to mitigate various risks, which could result in a shortfall of available money to meet the basic services and needs of the City. Examples of risks include natural disasters, such as earthquakes, storms, floods, and unexpected shortfalls in revenue sources, such as property taxes and sales taxes.
This policy is designed to:
1. Identify funds for which reserves should be established and maintained.
2. Establish target reserve levels and a methodology for determining levels.
3. Establish criteria for the use of reserves and mechanisms to replenish reserves.
II. PERIODIC REVIEW
This Reserve Policy and the appropriate level of reserves are to be reviewed and approved by City Council at least during the budget process. The Finance Department will continue to monitor reserve and investment balances year-round to maintain healthy reserve levels.
III. USE OF RESERVE FUNDS
Reserve balances will be reviewed on an annual basis at, or near, the end of the fiscal year to ensure compliance with this Policy. In the event that the reserves exceed the established targets, excess monies can be transferred annually to the Capital Reserve.
On an as-needed basis, money from the Capital Reserve can be used to supplement the Emergency Disaster Contingency Reserve to cover any shortfalls created by a public emergency or natural disaster.
The following committed reserves have been designed by the City in the event of unforeseen expenditures as well as to establish funding for anticipated future
EHXIBIT A
CITY OF STANTON
RESERVE FUND POLICY
expenditures that require ongoing funding for significant future outlays. These committed balances are established by a resolution of the City Council and cannot be changed except by a similar subsequent City Council action. Recommendations to appropriate from any of these reserves will be brought forward by the City Manager and will require approval by a majority of the City Council. In the event any of these reserve balances are reduced below the target amounts established by this Policy, the City Council shall prepare a plan as promptly as conditions warrant to replenish the balance to the Policy’s levels. The committed reserves are presented as follows:
A. Economic Uncertainty Reserve
• Purpose: These funds are committed to mitigate economic uncertainties, local disasters, and other financial hardships or downturns in the local or national economy.
• Target Level: The City’s target will be 20% (rounded to the next $100,000) of the General Fund operating expenditures, in accordance with the recommendation of the Government Finance Officers Association (GFOA). • Events or Conditions Prompting Its Use: This reserve may be utilized as needed to pay outstanding operating expenditures due to budgeted revenue shortfalls. Use may include, but is not limited to:
o Significant decrease in property, sales, or transactions and use tax, or other revenues.
o Reductions in revenue due to actions by the state/federal government.
B. Equipment and Maintenance Reserve
• Purpose: These funds are committed to provide funding for non-scheduled capital asset repair and replacement.
• Target Level: $150,000.
• Events or Conditions Prompting Its Use: This reserve may be utilized for the timely replacement or repair of City equipment or facilities costing more than $15,000.
C. Technology Equipment Reserve
• Purpose: These funds are committed to provide funding for the timely replacement of technology equipment.
• Target Level: $150,000.
• Events or Conditions Prompting Its Use: This reserve may be utilized in the event of an unplanned failure of IT equipment.
EHXIBIT A
CITY OF STANTON
RESERVE FUND POLICY
D. Vehicle Replacement Reserve
• Purpose: These funds are committed to provide funding for the timely replacement of vehicles. This reserve will be held in the City’s Fleet Maintenance Internal Service Fund.
• Target Level: $100,000.
• Events or Conditions Prompting Its Use: This reserve may be utilized to replace City vehicles.
E. Emergency Disaster Contingency Reserve
• Purpose: These funds are committed to mitigate costs of unforeseeable emergencies, such as natural disasters, catastrophic events, or any situation requiring the declaration of an emergency as defined by Stanton Municipal Code Section 2.56.050.C.
• Target Level: The City’s target will be 10% (rounded to the next $100,000) of the General Fund operating expenditures.
• Events or Conditions Prompting Its Use: This reserve may be utilized to cover unexpected losses experienced by the City as a result of an unplanned, emergency event as described above.
F. Capital Reserve
• Purpose: These funds are committed for key infrastructure and capital improvement projects and established to provide capital repair and replacement funding as the City’s infrastructure deteriorates over its expected useful life.
• Target Level: $5,000,000 in the GeneralFund .
• Events or Conditions Prompting Its Use: This reserve may be utilized for capital projects approved by City Council.
G. Pension and Other Post-Employment Benefits Stabilization Reserve • Purpose: These funds are committed to mitigate volatile increases in employer contribution rates to the California Public Employees’ Retirement System (CalPERS) and the cost of retiree health insurance premiums. In addition, this reserve can be used to provide additional payments to CalPERS to pay down the City’s pension liability. This reserve is maintained in the City’s Employee Benefits Internal Service Fund.
• Target Level: Minimum of 50% of the City’s unfunded actuarial liability with CalPERS to be .held in an irrevocable trust fund.
• Events or Conditions Prompting Its Use: This reserve may be utilized when the City’s revenues cannot support increases to the City’s CalPERS employer contributions or City’s share of retiree healthcare premiums. In addition, this
EHXIBIT A
CITY OF STANTON
RESERVE FUND POLICY
reserve can be used to make additional payments to lower the City’s total pension liability.
H. Sewer Working Capital Reserve
• Purpose: These funds are used to cover temporary cash f low deficiencies caused by timing differences between the receipt of operating revenues and expenditure requirements. The City collects 60% of its revenues twice per year through the customers’ property tax payments. Therefore, the Working Capital Reserve ensures sufficient cash flow to meet operating obligations and pay-asyou-go capital improvement project funding (PayGO CIP). • Target Level: The City’s target will be 50% (rounded to the next $100,000) of the Sewer Maintenance Fund’s (#501) operating expenditures, including PayGO CIP.
• Events or Conditions Prompting Its Use: This reserve may be routinely utilized by staff as needed to pay outstanding operating and PayGO CIP obligations prior to the receipt of anticipated operating revenue.
IV. Unassigned General Fund Balance
The unassigned General Fund balance is maintained to provide for contingencies for unforeseen operating or capital needs and to meet the City’s cash flow requirements. The purpose of this reserve is to provide budgetary stabilization and not serve as an alternate funding source for new programs and ongoing operating expenditures.
EHXIBIT A
CITY OF STANTON
INVESTMENT POLICY
FISCAL YEAR 20245/256
ATTACHMENT J
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City of Stanton, CA
FY 2024/25 Investment Policy
TABLE OF CONTENTS
PAGE
I. POLICY 3
II. SCOPE 3
III. GENERAL OBJECTIVES 3
3.1: Safety 4
3.2: Liquidity 4
3.3: Yield : Yield 4
IV. STANDARDS OF CARE 4
4.1: Delegation of Authority 4
4.2: Prudence 5
4.3: Ethics and Conflict of Interest 5
V. SAFEKEEPING AND CUSTODY 5
5.1: Safekeeping of Securities and Funds 5
5.2: Qualified Institutions 6
5.3: Accounting Method 7
5.4: Internal Controls 7
VI. AUTHORIZED AND SUITABLE INVESTMENTS 7
6.1: Authorized Investments 7
6.2: Suitable Investments 7
6.3: Collateralization and Other Safety Constraints 11
6.4: Prohibited Investments 11
VII. INVESTMENT PARAMETERS 13
7.1: Diversification 13
7.2: Investment Maturity 13
7.3: Competitive Transactions 14
7.4: Investment Guidelines and Strategy 14
7.5: Mitigating Credit Risk in the Portfolio 14
VIII. REPORTING 14
8.1: Specific Reporting Requirements 15
8.2: Performance Standards 15
8.3: Monitoring, Adjusting and Evaluating the Portfolio 15 IX. POLICY REVIEW AND ADOPTION 15
X. GLOSSARY OF TERMS 16
ATTACHMENT J
City of Stanton, CA
FY 2024/25 Investment Policy
CITY OF STANTON
FY 20245/256 INVESTMENT POLICY
I. POLICY
This statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash, and to outline the procedures for maximizing the efficiency of the City's cash management system. This statement will also be utilized by the Successor Agency to the Stanton Redevelopment Agency and the Stanton Housing Authority. The ultimate goal is to enhance the economic status of the City while safeguarding its assets.
II. SCOPE
This Investment Policy applies to all financial assets and funds held by the City of Stanton with the exception of deferred compensation assets (pension and other postemployment benefits) held in a trust and funds held by bond trustee that are controlled by the legal requirements of a debt indenture.
III. GENERAL OBJECTIVE
The objective of the investment portfolio is to meet the short and long-term cash flow demands of the City. This is achieved by safekeeping the corpus of cash assets under control and by earning income on cash assets not in immediate use. The City of Stanton strives to maintain the level of investment of all idle funds as near 100% as possible, through daily and projected cash flow determinations. Accordingly, the City's cash management system is designed to accurately monitor and forecast revenues and expenditures, thus enabling the City to invest funds to the fullest extent possible.
Idle cash management and investment transactions are the responsibility of the City Treasurer.
In conformance with California Government Code Sec. 53600.5, the City attempts to obtain the highest return possible while ensuring that safety and liquidity needs have been met.
The City’s principal investment objectives, in priority order, are:
3.1: SAFETY
The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of these amounts. The City should select only those investments that are considered very safe. The City shall not engage in speculation and will focus on the preservation of capital and protection of
ATTACHMENT J
City of Stanton, CA
FY 2024/25 Investment Policy
investment principal. Diversification guidelines will be established to avoid incurring unreasonable risks regarding specific security types or individual financial institutions.
3.2: LIQUIDITY
This refers to the ability to "cash in" at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs. The investment program will provide for the maintenance of sufficient liquidity to meet operating requirements that are reasonably anticipated.
3.3: YIELD
Yield is the potential dollar earnings an investment can provide, and sometimes is referred to as the rate of return. The investment program will strive to attain a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints of safety and liquidity needs.
IV. STANDARDS OF CARE
4.1: DELEGATION OF AUTHORITY
The ultimate responsibility and authority for the investment of City funds resides with the City Council. The City Council will receive monthly reports, designate investment officers, and annually review the investment policy making any changes necessary by adoption. The City Council hereby designates the City Treasurer as the Investment Officer for the City’s funds. The Investment Officer shall invest City funds in accordance with California Government Code Sec. 53600.5 and with this Investment Policy. This Policy shall constitute a “written order” from City Council. The City Treasurer is the Investment Officer, with the consent of the City Manager or designee, and may further delegate the authority to invest City funds to additional City Finance personnel with the consent of the City Manager.
Subject to required procurement procedures, the City may engage the support services of outside professionals in regard to its financial program. The City Council may engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Statement of Investment Policy. Such managers must be registered under the Investment Advisors Act of 1940, or be exempt from such registration. Such external managers shall be prohibited from executing safekeeping arrangements and wire transfers.
4.2: PRUDENCE
ATTACHMENT J
City of Stanton, CA
FY 2024/25 Investment Policy
As a local agency defined by California Government Code Sec. 53600, the City of Stanton operates its pooled idle cash investments under California Government Code Sec. 53600.3, known as the "Prudent Investor Standard," which states, in part:
"When investing... or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including...the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section...investments may be acquired as authorized by law".
Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
4.3: ETHICS AND CONFLICT OF INTEREST
The City Treasurer, officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution and management of the investment program, or that could impair their ability to make impartial decisions. The City Treasurer, officers and employees shall, at all times, comply with the Conflict-of-Interest Code described in Title 2 of the California Code of Regulations, section 18351, and the City’s adopted Conflict of Interest Code. Employees and officers shall refrain from undertaking any personal investment transactions with the same individual with whom business is conducted on behalf of the City.
All participants in the investment process are required to comply with terms of the Political Reform Act, Fair Political Practices Commission Regulations promulgated thereunder (2 C.C.R. §§ 18110 through 18998), the City’s Conflict of Interest Policy, including, without limitation, filing of Form 700, notification and recusal obligations, and Government Code section 1090 prohibitions.
V. SAFEKEEPING AND CUSTODY
5.1: SAFEKEEPING OF SECURITIES AND FUNDS:
Securities purchased by the City shall be held in a segregated account for the City’s benefit at a third-party trust department. The broker/dealer or bank from which the security is purchased shall issue a confirmation ticket to the City listing the specific instrument, issuer, coupon, maturity, CUSIP number, purchase or sale price, transaction date, and other pertinent information. The broker/dealer or bank that executes the transaction on the City’s behalf shall deliver all securities
ATTACHMENT J
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on a delivery versus payment method to the designated third-party trustee at the direction of the City Treasurer. All securities will be evidenced by safekeeping receipts in the City’s name.
Certificates of Deposit shall be excluded from delivery versus payment as long as certificates are issued in the City’s name.
5.2: QUALIFIED INSTITUTIONS
The City of Stanton shall purchase authorized investments directly from the issuer, from an institution licensed by the State of California as a broker dealer, as defined in Section 25004 of the Corporations Code, or from a member of a federally regulated securities exchange, from a national or state chartered bank, from a savings association or federal association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank. {Cal. Gov. Code Sec. 53601.5}.
The City Treasurer will maintain a list of financial institutions formally authorized to provide investment services. The City shall formally authorize investment brokers to provide investment services to the City by conducting a process of due diligence. Investment Brokers may be Primary Dealers or Regional Brokers and licensed to do business in the State of California. Brokers must complete a broker questionnaire, which includes proof of National Association of Securities Dealers (NASD) certification, Proof of State registration and execute a certification that the Broker’s employees and supervisory personnel have read and understand the City’s Investment Policy. Additional information from the broker/dealers Form BD and/or the broker/dealers disclosure statements on www.FINRA.org, will be included in the review. The City Treasurer shall conduct periodic reviews of the approved list of investment brokers and may remove a firm from the approved list at any time due to any failure to comply with any of the above criteria, failure to execute a transaction; any change in broker/dealer staff; or any action, event, or failure to act which, in the sole discretion of the City Treasurer, is materially averse to the best interest of the City.
Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, the investment adviser shall make their best efforts to document quotations for comparable or alternative securities. If qualitative characteristics of a transaction, including, but not limited to, complexity of the transaction, or sector expertise of the broker, prevent a competitive selection process, investment advisers shall use brokerage selection practices as described above.
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5.3: ACCOUNTING METHOD
The City shall comply with all required legal provisions and Generally Accepted Accounting Principles (GAAP). The accounting principles are those contained in the pronouncements of authoritative bodies including but not necessarily limited to, the Governmental Accounting Standards Board (GASB); the American Institute of Certified Public Accountants (AICPA); and the Financial Accounting Standards Board (FASB).
Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate balances from all City and Successor Agency funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.
5.4: INTERNAL CONTROLS
The City Treasurer shall maintain a system of internal controls which shall be reviewed and tested by the independent auditor at least annually or upon any extraordinary event, i.e., turnover of key personnel, the discovery of any inappropriate activity, etc.
Investment officials shall be bonded or covered by blanket crime insurance to protect the public against possible embezzlement or malice.
VI. AUTHORIZED AND SUITABLE INVESTMENTS
6.1 AUTHORIZED INVESTMENTS:
All investments of the City shall be made in accordance with the investments authorized for local agencies by the California Government Code, Section 53601.
6.2 SUITABLE INVESTMENTS:
The City’s investments are governed by California Government Code, Sections 53600 et seq. Within the investments permitted by the Code, the City seeks to further restrict eligible investments to the guidelines listed below. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits and minimum credit requirements listed in this section apply at the time the security is purchased.
Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity, and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified
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by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
6.211 COLLATERALIZED BANK DEPOSITS such as a passbook savings account, money market account or other demand deposits in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized in accordance with California law, provided that:
The maximum maturity does not exceed five years.
6.212 MUNICIPAL SECURITIES include obligations of the City, the State of California, any of the other 49 states, and any local agency within the State of California, provided that:
The securities are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
No more than 5% of the total portfolio may be invested in any issuer. The maximum maturity does not exceed five years.
6.213 U.S. TREASURIES and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest.
There are no limits on the dollar amount or percentage that the Agency may invest in U.S. Treasuries, provided that:
The maximum maturity is five years.
6.214 FEDERAL AGENCIES or United States Government-Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the Agency may invest in Federal Agency or GovernmentSponsored Enterprises (GSEs), provided that:
No more than 25% of the total portfolio may be invested in any Agency/GSE issuer.
No more than 20% of the total portfolio may be invested in callable securities. The maximum maturity does not exceed five years.
6.215 BANKER’S ACCEPTANCES, provided that:
They are issued by institutions which have short-term debt obligations rated “A-1” or higher by at least one nationally recognized statistical-rating organization; or long-term debt obligations which are rated in rating category “A” or higher by at least one nationally recognized statistical rating organization.
No more than 40% of the total portfolio may be invested in Banker’s Acceptances.
No more than 5% of the total portfolio may be invested in any issuer. The maximum maturity does not exceed 180 days.
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