Date Posted: June 2, 2022
THIS MEETING WILL BE OPEN TO THE PUBLIC FOR IN-PERSON AND REMOTE PARTICIPATION PURSUANT TO GOVERNMENT CODE SECTION 54953(e).
THE CITY OF TRACY REMAINS UNDER A LOCAL EMERGENCY FOR COVID-19. FOR
ALL PERSONS ATTENDING THE MEETING IN-PERSON, IN ACCORDANCE WITH THE
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH GUIDELINES, UNIVERSAL
MASKING IS RECOMMENDED FOR ALL PERSONS REGARDLESS OF VACCINATION STATUS AS WELL AS SOCIAL DISTANCING.
MEMBERS OF THE PUBLIC MAY PARTICIPATE REMOTELY IN THE MEETING VIA THE FOLLOWING METHOD:
As always, the public may view the City Council meetings live on the City of Tracy’s website at CityofTracy.org or on Comcast Channel 26/AT&T U-v
erse Channel 99. To view from the City’s website,
open the “Government” menu at the top of the City’s homepage and select “City Council Meeting Videos” under the “City Council” section.
If
you only wish to watch the meeting and do not wish to address the Council, the City requests that you stream the meeting through the City’s website or watch on Channel 26.
Remote Public Comment:
During the upcoming City Council meeting public comment will be accepted via the options listed below. If you would like to comment remotely, please follow the protocols below:
• Comments via:
o Online by visiting https://cityoftracyevents.webex.com and using the following Event Number: 2550 280 1307 and Event Password: TracyCC o If you would like to participate in the public comment anonymously, you may submit your comment in WebEx by typing “Anonymous” when prompted to provide a First and Last Name and inserting [email protected] when prompted to provide an email address.
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Listen for the Mayor to open that portion of the agenda for discussion, then raise your hand to speak by clicking on the Hand icon on the Participants panel to the right of your screen.
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TRACY CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, June 7, 2022, 7:00 P.M.
Tracy City Hall Chambers, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org TRACY CITY COUNCIL AGENDA 2 June 7, 2022
o Comments for the “Consent Calendar” “Items from the Agenda/Public Comment” or “Regular Agenda” portions of the agenda will be accepted until the public comment for that item is closed.
Comments received on Webex outside of the comment periods outlined above will not be included in the record.
Americans With Disabilities Act - The City of Tracy complies with the Americans with Disabilities Act and makes all reasonable accommodations for the disabled to participate in Council meetings. Persons requiring assistance or auxiliary aids should call City Hall (209/831-6105) 24 hours prior to the meeting.
Addressing the Council on Items on the Agenda - The Brown Act provides that every regular Council meeting shall provide an opportunity for the public to address the Council on any item within its jurisdiction before or during the Council's consideration of the item, provided no action shall be taken on any item not on the agenda. To facilitate the orderly process of public comment and to assist the Council to conduct its business as efficiently as possible, members of the public wishing to address the Council are requested to, but not required to, hand a speaker card, which includes the speaker’s name or other identifying designation and address to the City Clerk prior to the agenda item being called. Generally, once the City Council begins its consideration of an item, no more speaker cards will be accepted. An individual’s failure to present a speaker card or state their name shall not preclude the individual from addressing the Council. Each citizen will be allowed a maximum of five minutes for input or testimony. In the event there are 15 or more individuals wishing to speak regarding any agenda item including the “Items from the Audience/Public Comment” portion of the agenda and regular items, the maximum amount of time allowed per speaker will be three minutes. When speaking under a specific agenda item, each speaker should avoid repetition of the remarks of the prior speakers. To promote time efficiency and an orderly meeting, the Presiding Officer may request that a spokesperson be designated to represent similar views. A designated spokesperson shall have 10 minutes to speak. At the Presiding Officer’s discretion, additional time may be granted. The City Clerk shall be the timekeeper.
Consent Calendar - All items listed on the Consent Calendar are considered routine and/or consistent wit h previous City Council direction. One motion, a second, and a roll call vote may enact the items listed on the Consent Calendar. No separate discussion of Consent Calendar items shall take place unless a member of the City Council, City staff or the public request discussion on a specific item.
Addressing the Council on Items not on the Agenda – The Brown Act prohibits discussion or action on items not on the posted agenda. The City Council’s Meeting Protocols and Rules of Procedure provide that in the interest of allowing Council to have adequate time to address the agendized items of business, “Items from the Audience/Public Comment” following the Consent Calendar will be limited to 15- minutes maximum period. “Items from the Audience/Public Comment” listed near the end of the agenda will not have a maximum time limit. A five- minute maximum time limit per speaker will apply to all individuals speaking during “Items from the Audience/Public Comment”. For non-agendized items, Council Members may briefly respond to statements made or questions posed by individuals during public comment; ask questions for clarification; direct the individual to the appropriate staff member; or request that the matter be placed on a future agenda or that staff provide additional information to Council. When members of the public address the Council, they should be as specific as possible about their concerns. If several members of the public comment on the same issue an effort should be made to avoid repetition of views already expressed.
Notice - A 90 day limit is set by law for filing challenges in the Superior Court to certain City administrative decisions and orders when those decisions or orders require: (1) a hearing by law, (2) the receipt of evidence, and (3) the exercise of discretion. The 90 day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge a City Council action in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised during the public hearing, or raised in written correspondence delivered to the City Council prior to or at the public hearing.
Full copies of the agenda are available on the City’s website: www.cityoftracy.org
TRACY CITY COUNCIL AGENDA 3 June 7, 2022
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
PRESENTATIONS
1. Proclamation - Juneteenth Day
2. Proclamation - LGBT Pride Month
3. Proclamation - Elder & Dependent Adult Abuse Awareness
1. CONSENT CALENDAR
1.A. ADOPT MAY 17, 2022 REGULAR MEETING MINUTES
1.B. APPROVE SIDE LETTER AGREEMENTS BETWEEN THE CITY OF TRACY AND THE
TRACY POLICE OFFICERS ASSOCIATION, TRACY POLICE MANAGEMENT
ASSOCIATION, TRACY MID-MANAGERS BARGAINING UNIT, TRACY TECHNICAL
AND SUPPORT SERVICES EMPLOYEE ASSOCIATION, GENERAL TEAMSTERS LOCAL NO. 439; AMEND SECTION 16.6 OF THE PERSONNEL RULES AND REGULATIONS TO ADD JUNETEENTH; AND AUTHORIZE THE CITY MANAGER TO
APPROVE SIDE LETTER AGREEMENTS
1.C. APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RAFTELIS FINANCIAL CONSULTANTS, INC. FOR COMPLETION OF THE
WASTEWATER REVENUE AND RATE ANALYSIS
1.D. AUTHORIZE THE SUBMISSION OF A UNITED STATES DEPARTMENT OF JUSTICE
COMMUNITY ORIENTED POLICING SERVICES GRANT APPLICATION FOR A PROJECTED AMOUNT OF $1,240,942 FOR THE HIRING OF TWO POLICE OFFICERS WITH THE PROJECTED CITY MATCH FUNDS OF $990,942, APPROVE AN ADDITIONAL $90,000 FOR PROJECTED OVERTIME AND OTHER COSTS NOT
COVERED BY THE GRANT FUNDS, AND AUTHORIZE THE CITY MANAGER TO ACCEPT THE $250,000 GRANT, IF AWARDED
1.E. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH VERONICA TAM AND ASSOCIATES, INC. FOR THE HOUSING ELEMENT UPDATE
1.F. ADOPT THE FOLLOWING RESOLUTIONS: (1) INITIATING PROCEEDINGS FOR THE
ANNUAL LEVY OF ASSESSMENTS AND ORDERING PREPARATION OF AN ENGINEER’S REPORT FOR THE TRACY CONSOLIDATED LANDSCAPE
MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2022/2023, (2) APPROVING THE PRELIMINARY ENGINEER’S REPORT REGARDING THE PROPOSED LEVY AND
COLLECTION OF ASSESSMENTS FOR THE TRACY CONSOLIDATED LANDSCAPE
MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2022/2023, AND (3) DECLARING
THE CITY OF TRACY'S INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THE
TRACY CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 2022/2023 AND SETTING A PUBLIC HEARING ON JULY 5, 2022 AT 7:00 PM TO
CONSIDER THE SAME IN ACCORDANCE WITH THE LANDSCAPING AND LIGHTING ACT OF 1972
TRACY CITY COUNCIL AGENDA 4 June 7, 2022
1.G. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH FRUITRIDGE
PRINTING, LLC FOR A TERM OF FOUR YEARS, WITH AN ADMINISTRATIVE OPTION
TO EXTEND FOR ANOTHER TWO YEARS UPON SATISFACTORY PERFORMANCE,
FOR PRINTING SERVICES FOR THE GRAND THEATRE CENTER FOR THE ARTS
SEASON BROCHURE AND ARTS EDUCATION CATALOG, IN AN ANNUAL AMOUNT NOT TO EXCEED $45,000.00
1.H. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH MHD GROUP, INC.
FOR A TERM OF FOUR YEARS, WITH AN ADMINISTRATIVE OPTION TO EXTEND
FOR ANOTHER TWO YEARS UPON SATISFACTORY PERFORMANCE, FOR
MARKETING SERVICES FOR THE GRAND THEATRE CENTER FOR THE ARTS
SEASON BROCHURE AND ARTS EDUCATION CATALOG, IN AN ANNUAL AMOUNT NOT TO EXCEED $50,000
1.I. APPROVE AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS AND COMPANY, INC. TO (1) AUGMENT THE SCOPE FOR
PROJECT APPROVAL (PA), ENVIRONMENTAL DOCUMENT (ED), AND PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) FOR MODIFICATION OF I-205 AND I-580 / MOUNTAIN HOUSE EXISTING INTERCHANGES CIP NOs. 73146 & 73147, AND (2) INCREASE THE CONTRACT AMOUNT BY AN ADDITIONAL $389,688, FOR A NEW NOT-TO-EXCEED TOTAL CONTRACT AMOUNT OF $4,687,724
1.J. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH TRACY CITY CENTER ASSOCIATION TO COORDINATE AND HOST THE ANNUAL 4TH OF JULY PARADE AND PANCAKE BREAKFAST WITH A NOT TO EXCEED AMOUNT OF $10,000
1.K. APPROVE A CHANGE ORDER TO THE SAAS AGREEMENT WITH TYLER TECHNOLOGIES, INC. TO LICENSE TWO ADDITIONAL MODULES FOR
TIMEKEEPING AND BID MANAGEMENT TO THE MUNIS ERP SYSTEM AND FIND
THAT IT IS IN THE BEST INTEREST OF THE CITY TO FOREGO THE REQUEST FOR
PROPOSALS PROCESS FOR THESE SERVICES
2. ITEMS FROM THE AUDIENCE
3. REGULAR AGENDA
3.A. COVID-19 UPDATE FROM SAN JOAQUIN COUNTY PUBLIC HEALTH SERVICES (VERBAL REPORT)
3.B. INTRODUCE AN ORDINANCE OF THE CITY OF TRACY AMENDING SECTION
6.36.080 OF THE TRACY MUNICIPAL CODE TOLLING THE EXPIRATION DATE OF
EACH EXISTING COMMERCIAL CANNABIS BUSINESS PERMIT FOR AN ADDITIONAL 12 MONTHS
4. ITEMS FROM THE AUDIENCE
5. STAFF ITEMS
6. COUNCIL ITEMS
7. ADJOURNMENT
TRACY CITY COUNCIL REGULAR MEETING MINUTES
May 17, 2022, 7:00 p.m.
City Hall, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org
Mayor Young called the meeting to order at 7:00 p.m.
Roll call found Council Members Arriola, Bedolla, Davis, Mayor Pro Tem Vargas and Mayor Young present.
Mayor Young led the Pledge of Allegiance.
Deanna Garcia offered the invocation.
Mayor Young presented a Certificate of Recognition to outgoing Transportation Advisory Commissioner Alvin Vaughn.
Mayor Young presented a Certificate of Recognition to Prabhjot Singh, outgoing City of Tracy representative on the San Joaquin County Mosquito Abatement Board.
REGULAR MEETING
1. CONSENT CALENDAR – Following the removal of consent item 1.F by Michael Rogers, City Manager and 1.C by Council Member Bedolla motion was made by Mayor Pro Tem Vargas and seconded by Council Member Bedolla to adopt the consent calendar. Roll call found all in favor, passed and so ordered.
1.A ADOPTION OF MAY 3, 2022 REGULAR MEETING MINUTES – Minutes were adopted.
1.B RATIFY THE SAN JOAQUIN COUNCIL OF GOVERNMENTS ANNUAL FINANCIAL PLAN FOR FISCAL YEAR 2022-2023 - Resolution 2022-058 ratified the SJCOG Annual Financial Plan.
1.D AWARD A CONSTRUCTION CONTRACT TO VALENTINE CORPORATION FOR THE CONSTRUCTION OF THE TRACY HILLS ZONE 5 PUMP STATION CIP 75163 IN THE AMOUNT OF $3,323,369, AT THE JOHN JONES WATER TREATMENT PLANT (JJWTP), WITH A NOT TO EXCEED BUDGET OF $4,154,211 AND APPROVE A
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH WEST YOST AND
ASSOCIATES (WYA) TO PROVIDE ENGINEERING SUPPORT SERVICES DURING CONSTRUCTION WITH A NOT TO EXCEED AMOUNT OF $115,000 – Resolution 2022-059 awarded a Construction Contract to Valentine Corporation. Resolution 2022-060 awarded a Professional Services Agreement to West Yost and Associates.
1.E APPROVE A RESOLUTION DECLARING INTENTION TO REIMBURSE
EXPENDITURES FOR THE MULTI-GENERATIONAL RECREATION CENTER FROM
THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY Regular Meeting Minutes 2 May 17, 2022
AND DIRECTING CERTAIN ACTIONS – Resolution 2022-061 approved declaring the intention to reimburse expenditures for multi-general recreation center from the proceeds of tax-exempt obligations.
1.F APPROVE AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS AND COMPANY, INC. TO (1) AUGMENT THE SCOPE FOR
PROJECT APPROVAL (PA), ENVIRONMENTAL DOCUMENT (ED), AND PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) FOR MODIFICATION OF I-205 AND I- 580 / MOUNTAIN HOUSE EXISTING INTERCHANGES CIP NOs. 73146 & 73147, AND (2) INCREASE THE CONTRACT AMOUNT BY AN ADDITIONAL $351,288, FOR A NEW NOT-TO-EXCEED TOTAL CONTRACT AMOUNT OF $4,649,324 – Item pulled from the agenda.
1.C APPROVAL OF PURCHASE OF BUS SHELTERS AND BUS SHELTER REPAIR PARTS IN THE AMOUNT OF $342,979 FROM TOLAR
MANUFACTURING PURSUANT TO TRACY MUNICIPAL CODE SECTION
2.20.270(b) SOLE SOURCE BID EXCEPTION AND AS PART OF THE TRACER BUS STOP IMPROVEMENTS CIP 77585
Brian MacDonald, Parks and Recreation Director provided the staff report.
Council Member Bedolla pulled the item to ask about the possibility of benches at every bus stop, and what that could look like at a future time. Council Member Bedolla supported the item but there have been plenty of shelters that need upgrades.
There was no public comment.
ACTION: Motion was made by Council Member Bedolla and seconded by Mayor Pro Tem Vargas to adopt Resolution 2022-062 approving purchase of bus shelters and bus shelter repair parts in the amount of $342,979 from Tolar Manufacturing pursuant to Tracy Municipal Code Section 2.20.270(B) sole source bid exception and as part of the Tracer Bus Stop Improvements CIP 77585. Roll call found all in favor; passed and so ordered.
2. ITEMS FROM THE AUDIENCE – Robert Tanner shared concerns regarding the following: temporary potholes repairs that last 50 days, size and cost of garbage bins for those who do not require the larger bins and asked about the status of the Aquatics Park.
Gary Michalak spoke about trees that were removed near Beechnut and Gallery by Chevron and the City’s plan to use the block for overflow storage for vehicles requiring maintenance. Mr. Michalak asked if the City knew the trees were going to be removed, when will the City’s purchase of the land be finalized, how long will the project take to complete, when will the sound wall be built, and why were the residents not notified.
Jason Fell provided a history of the trees and shared concerns about the tree removal, now looking at a 35-year-old fence, want something better and requested a sound wall which would mitigate sound, dust, eyesore and critters.
Karen Moore shared concerns regarding opportunities lost for obtaining grants to help with the cost for the new organic waste law SB 1383 and stated after receiving Regular Meeting Minutes 3 May 17, 2022
information under the Freedom of Information Act from Calrecycle and the City of Tracy it indicated there have been grants available since 2016 that the City did not obtain.
Mayor Pro Tem Vargas asked for a memo from staff with copies of applications that were submitted for grants. Mayor Young clarified the request is for a memo that details when they were applied for, if we are still waiting for answers, and what other grants are coming up and what we qualify for.
Michael Rogers, City Manager responded staff will put together a memo with all information that is being requested.
Council comments and questions followed.
Don Scholl, Public Works Director responded to Council questions and the concerns from the members of the public.
Ana Contreras, Community Preservation Manager responded to questions.
3. REGULAR AGENDA
3.A RECEIVE AN INFORMATIONAL REPORT REGARDING THE CURRENT
STATUS OF CANNABIS PERMIT PROCESSING, INCLUDING FINGERPRINT-
BASED BACKGROUND CHECKS FOR THE OPERATION OF CANNABIS
BUSINESSES, AND INFORMATION ON ANTICIPATED FUTURE
AMENDMENTS TO THE TRACY MUNICIPAL CODE RELATED TO CANNABIS
PERMITS
Victoria Lombardo, Senior Planner provided the staff report.
City Council questions and comments followed.
Sekou Millington, Police Chief, William Dean, Interim Development Services Director and Bijal Patel, City Attorney responded to questions.
Karen Moore stated she was surprised at how much we are getting involved with regulations, this industry needs to be treated like other industries, and the City needs to look at this again.
Zoe Schreiber shared concerns on DOJ regulations, recommended Council reassess the process in order to trust the regulations that have been put forth on a state level and spoke about barriers of local jurisdictions performing background checks that are burdensome and unnecessary for employees to go through this process.
Dotty Nygard emphasized local ownership provides a needed part of industry that has been vacant in Tracy and spoke about uses being more than recreation, seniors utilize a lot of cannabis. Ms. Nygard shared her partners want to help provide education to the community and hope to invest in community ownership, community benefits, diversity and equity.
Regular Meeting Minutes 4 May 17, 2022
Deanna Garcia, Cannabis Collective suggested partnering with another entity who already has the DOJ approval, spoke about the CUP, not having to go through another application for the business license, shared the cost concerns regarding waiting for it to go through and as long as the core applicant is there, they should not be penalized for bringing on another investor.
Dino Margaros shared his concerns regarding density of cannabis retail in the downtown, making a mistake by not having limitations on density, asked why there is no limitation on cannabis density and asked Council to consider option to not locate them within a distance of each other.
Byron Alvarez reiterated Mr. Margaros’s comments adding he is not in favor of cannabis downtown, spoke about the proximity of potential cannabis stores to children and students and requested to not sabotage the success of the downtown.
Robert Tanner clarified two of the sites Mr. Margaros mentioned are outside the downtown district but downtown has no rules. Need CUP still available as well as the DOJ background check. Liquor stores and bars do have regulations.
Keep regulations in here for now.
Alice English echoed Mr. Alvarez and Mr. Margaros’s comments. Need to start looking for future generations for our kids and safety. The smoking shop across from Tracy High School should not have been authorized. Needs to come to Council not to Planning Commission and suggested keeping the State and Federal background checks, be consistent with all business owners.
Alex Monceaux stated it is an FBI background check performed by the State of California. Most operators are going to be in financial strain on operations, too many for downtown and may not all survive, hope Council can remove the DOJ if the FBI one suffices.
City Council questions and comments followed.
Transfer of Ownership: It was Council consensus to support local ownership.
Duration of Cannabis Business Permits: It was Council consensus to support extension for cannabis business permits for two years.
Community Benefits Agreement/contributions: Council received note that the City may have limited ability to follow through. City Attorney will report back.
Land Use-Based Regulation of Cannabis (CUP as a tool rather than regulatory Cannabis Business Permits) - It was Council’s consensus to support using CUP Process.
DOJ Background Checks: There was no Council consensus.
Mayor Young requested a memo of the dates and times Council agreed on background check regulations and allowable locations/zoning.
Regular Meeting Minutes 5 May 17, 2022
Ms. Lombardo confirmed staff will come back on June 7, 2022, with an ordinance regulation to allow for that tolling and extension of the life of the current permits now so they will not expire within that one year. That is all staff will have for action ready for June 7, 2022.
Mayor Young called for a recess at 10:45 p.m.
Mayor Young reconvened the meeting at 10:54 p.m.
Due to the late hour and to be respectful of people’s time, Council Member Arriola motioned to fix the time to adjourn the meeting at midnight. Mayor Pro Tem Vargas seconded the motion. No one was opposed.
3.B AN UPDATE REGARDING THE CITY OF TRACY’S EFFORTS ADDRESSING
HOMELESSNESS AND A SUMMARY OF A FUTURE PLAN TO ALLEVIATE
THE IMPACT OF HOMELESS ENCAMPMENTS AT EL PESCADERO PARK
ON THE SURROUNDING COMMUNITY
Ana Contreras, Community Preservation Manager and Miguel Contreras, Police Lieutenant provided the staff report.
Sekou Millington, Police Chief provided information and responded to questions.
Vanessa Carrera, Assistant to the City Manager responded to Council questions.
Council Member Davis supported extending the time to continue the meeting past midnight. Council Member Arriola agreed to extend the time.
Alice English referred to the Brown Act regarding public comment stating the public is allowed five minutes maximum.
Margaret Moore shared concerns and health and safety issues her family experiences due to her house backing up to El Pescadero Park and asked Council what they do for the homeowners.
Rick Pereira stated Council does nothing for the residents and suggested continuing the wall to Kavanaugh or take trees out. Mr. Pereira shared his experiences with the unsheltered residents in El Pescadero Park, and asked Council to do something about it.
Jennifer Owens shared her experiences and concerns with El Pescadero Park and stated residents need to be protected and 24-hour security would be better, and asked why the numbers in park have not decreased.
Robert Tanner asked when the Temporary Homeless Shelter is phased out how many people will the shelter accommodate, how long can they stay and what will be done for those who cannot get in.
Gail Alterpen stated Council owes people an apology and shared her frustrations regarding time it has taken to get the shelter and the location and asked what is the City’s plan.
Regular Meeting Minutes 6 May 17, 2022
Dan Evans shared concerns about opening dates for the shelter, spoke about a kid assaulted at the skate park, 9th Circuit Court of Appeals ruled on a case that allows Caltrans to clear homeless encampments, and need to be proactive about roads, public safety, parks and community in general.
Arch Bakerink referred to the Boise case and stated we have to make other options, spoke about why the homeless population is increasing, parking lot by the shelter, and stated simply opening a shelter is not going to solve the problem.
Jason Fell suggested getting with other cities and go to DVI and use those facilities. The City shouldn’t have to take full burden of it. That prison should not be sitting there empty.
Jacy Krogh stated he uses the dog park at El Pescadero, shared compassion for those who live by El Pescadero. The park is not safe and supported having experienced security at the park but would much rather see law enforcement handle it.
Dino Margaros stated the downtown does not have the same problems as El Pescadero but has the same process to find a solution. Law Enforcement has been handcuffed. It is a free for all out there. Mr. Margaros shared his experience with a homeless person downtown and stated the City needs to get an ordinance update in place as soon as possible.
Bubba Paris stated Council has voted on what needed to be voted on and is proactive. The City is heading in the right direction. One thing we could do is team up to address the problem. The program has flaws in it. To address this problem we need safe parking and safe camping. Want to give them a place that gives them dignity. Consider a secure parking and a safe campground.
Council questions and comments followed.
Council supported the future plan to alleviate the impact of homeless encampments at El Pescadero Park on the surrounding community as outlined in the staff report.
Staff confirmed the ordinance would be returning in August.
4. ITEMS FROM THE AUDIENCE – None
5. STAFF ITEMS – Michael Rogers announced the Utilities services will be resuming normal business operations in June, and assessments of late fees and service disconnections can happen for nonpayment starting in June. The City has had lots of empathy with our community during the pandemic where $1.8 million worth of credit has been applied to customer accounts to clear their past due balances from March 2020 to June 2021. Mr. Rogers encouraged those that have past due balances to contact City of Tracy Finance Department to ask about assistance to get back on track to set up payment plan or ask about eligibility for any type of financial assistance.
Regular Meeting Minutes 7 May 17, 2022
6. COUNCIL ITEMS – Council Member Bedolla reported on his attendance at the One Voice trip to Washington D.C. to see what opportunities are out there for the City and County.
Mayor Pro Tem Vargas reported on her attendance at the League of California Cities Summit and also provided a Valley Link Update. Mayor Pro Tem Vargas did park visits with residents and stated some residents are upset at the loss of trees at Legacy Fields.
Council Member Arriola reported on his attendance at the One Voice trip to Washington D.C. and also reported on the California Cities Executive Board Conference in Sacramento. Council Member Arriola announced working to have Tracy’s inaugural Tracy Pride in October. Looking to have it the second weekend in October to coordinate with National Coming Out Day. Council Member Arriola requested the Pride Flag be raised during the weekend of Tracy Pride. Mayor Pro Tem Vargas seconded the request. Council Member Arriola stated he was invited through a program called Wider Bridge to develop a coalition of LGBTQ elected officials from around the country and has been invited to Israel to meet with the federal LGBTQ and their version of congress and will be gone in June. Council Member Arriola requested a diplomatic package from the City of Tracy to the Israeli government. Mayor Pro Tem Vargas seconded the request.
Council Member Davis reported on the One Voice trip to Washington D.C. Saturday attended American Soldier Play at the Grand Theatre. Attended Dream Flights event at the airport where veterans went up in World War II plane, and honored veterans for their service to the country and celebrated with the Victory Bombshells who cheered them on and West High JROTC that did a ceremony in honor of fallen soldiers.
Mayor Young stated she will provide a written report from Washington D.C. It was her 9th trip and she was appointed as main speaker. Reported on her attendance at the California Cities Executive Board Conference in Sacramento. Mayor Young announced the Memorial Day at Cemetery and War Memorial on May 30, 2022.
7. ADJOURNMENT – Time: 1:06 a.m., Wednesday, May 18, 2022.
ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Davis to adjourn. Roll call found all in favor; passed and so ordered.
The above agenda was posted at the Tracy City Hall on May 12, 2022. The above are action minutes. A recording is available at the office of the City Clerk.
____________________________
Mayor
ATTEST:
__________________________
City Clerk
June 7, 2022
AGENDA ITEM 1.B
REQUEST
APPROVE SIDE LETTER AGREEMENTS BETWEEN THE CITY OF TRACY AND THE
TRACY POLICE OFFICERS ASSOCIATION, TRACY POLICE MANAGEMENT
ASSOCIATION, TRACY MID-MANAGERS BARGAINING UNIT, TRACY TECHNICAL
AND SUPPORT SERVICES EMPLOYEE ASSOCIATION, GENERAL TEAMSTERS LOCAL NO. 439; AMEND SECTION 16.6 OF THE PERSONNEL RULES AND REGULATIONS TO ADD JUNETEENTH; AND AUTHORIZE THE CITY MANAGER TO
APPROVE SIDE LETTER AGREEMENTS
EXECUTIVE S
UMMARY
In 2021 Juneteenth (June 19) was proclaimed as a federal holiday and granted as a holiday in accordance with the terms of the Memorandum of Understanding (MOU) for each bargaining unit. In recognition of the holiday, staff requests approval of side letter agreements with Tracy Police Officers’ Association (TPOA), Tracy Police Management Association (TPMA), Tracy Mid-Managers Bargaining Unit (TMMBU), Tracy Technical and Support Services Employee Association (TTSSEA), General Teamsters Local No. 439 (Teamsters
) and an amendment to section 16.6 of the Personnel Rules and Regulations t
o memorialize Juneteenth (June 19) as a City recognized holiday.
DISCUSSION
On Thursday June 17, 2021, President Joe Biden proclaimed Juneteenth (June 19) a federal
holiday. At that time, the MOUs for TPOA, Teamsters Local No. 439 I.B.T. and South County Fire Chief Officers Association (SCFCOA) recognized all holidays proclaimed by the Governor of the State of California or the President of the United States as a holiday in accordance with the terms of the MOU. To provide an equitable benefit for
proclaimed holidays citywide, City Council approved proclaimed holiday language for the remaining units.
Juneteenth continues to be recognized as a proclaimed holiday by the federal government
and by the City of Tracy. In honor and recognition of Juneteenth, staff recommends
amending section 16.6 of the City of Tracy Personnel Rules and Regulations
to add Juneteenth (June 19) as an authorized City holiday. Authorized holidays
are also listed in the MOU for each bargaining unit and therefore staff recommends approval of a side letter agreement for TPOA, TPMA, TMMBU, TTSSEA and Teamsters to reflect the amended list of authorized holidays.
STRATEGIC PLAN
This agenda item supports the City’s Governance Strategy and Business Plan, and specifically implements the following goals and objectives:
Agenda Item 1.B
June 7, 2022
Governance Strategy
Goal 1: Furt
her develop an organization to attract, motivate, develop, and retain a high- quality, engaged, high-performing, and informed workforce.
Obje
ctive 1b: Affirm organizational values.
FISCAL
IMPACT
There is
no fiscal impact as a result of this action.
RECOMM
ENDATION
Staff recommends that City Council approve, by resolution, side letter agreements between the
City of Tracy and the Tracy Police Officers Association, Tracy Police Management
Association, Tracy Mid-Managers Bargaining Unit, Tracy Technical and Support Services Employee Association, General Teamsters Local No. 439, amend section 16.6 of the Personnel Rules and Regulations to add Juneteenth; and authorize the City Manager to approve the side letter agreements.
Prepared by: Kimberly Murdaugh, Director of Human Resources Reviewed by: Karin Schnaider, Director of Finance
Midori Lichtwardt, Assistant City Manager
Approved by: Michael
Rogers, City Manager
ATTACHMENTS
A – Side Letter of Agreement between the City of Tracy and the Tracy Police Officers Association (TP
OA) – Holidays
B – Side Letter of Agreement between the City of Tracy and the Tracy Police Management Association (TPMA) – Holiday Pay
C – Side
Letter of Agreement between the City of Tracy and the Tracy Mid-Managers Bargaining Unit
(TMMBU) – Proclaimed Holidays
D – Side Letter of Agreement between the City of Tracy and the Tracy Technical and Support Services
Employee Association – Paid Holidays
E – Side Letter of Agreement between the City of Tracy and General Teamsters Local No. 439, IBT – Paid Holidays
F – City of Tracy Personnel Rules and Regulations
SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF TRACY AND
TRACY POLICE OFFICERS ASSOCIATION
Holidays
The City of Tracy and Tracy Police Officers Association (TPOA) agree to enter into this side letter to update the language set forth in section 10.1, 10.2 of the parties’ Memorandum of Understanding (the “MOU”), which runs through June 30, 2023. The revised language in these sections of the MOU is effective June 7, 2022-June 30, 2023 and shall read as follows:
Section 10. Holidays
10.1 Paid Holidays for Employees on Monday through Frida y Work Schedules
On January 1 and July 1 of each year,
or prorated thereto, regular full-time employees shall be granted a bank of fifty-two fifty-six(5256) hours of holiday leave. Employees shall be compensated for holiday leave hours not used during a given six (6) month period at the holiday in-Lieu pay rate. Employees assigned to a Monday through Friday schedule will be required to use eight (8) hours of holiday leave for leave on a holiday observed by the City of Tracy.
10.2 Holiday In-Lieu Pay for Employees Working in a Seven (7) Day Operation On January 1 and July 1 of each year
, or prorated thereto, regular full-time employees shall be granted a bank of fifty-twofifty-six (5256) hours of holiday leave. Employees shall be compensated for holiday leave hours not used during a given six (6) month period at the holiday in-Lieu pay rate. Requests for use of holidays shall be subject to Police Chief's approval.
FOR THE City of Tracy FOR THE Tracy Police Officers Association
________________________________ ___________________________________ Date: __________________ Date:______________________
Michael Rogers Michael Richards
City Manager President of TPOA
Michael
Richards
Digitally signed by
Michael Richards
Date: 2022.05.20
05:39:09 -07'00'
ATTACHMENT A
SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF TRACY AND
TRACY POLICE MANAGEMENT ASSOCIATION
Holidays
The City of Tracy and Tracy Police Management Association (TPMA) agree to enter into this side letter to update the language set forth in section 3.2 of the parties Memorandum of Understanding (the “MOU”), which runs through June 30, 2023. The revised language in these sections of the MOU effective June 7, 2022-June 30, 2023 shall read as follows:
3.2 Holiday Pay
On January 1 and July 1 of each year
, or prorated thereto, regular full-time employees, shall be granted a bank of fifty-two fifty-six (5256) hours of holiday leave. Employees shall be compensated for holiday leave hours not used during a given six (6) month period at the holiday in-Lieu pay rate. Requests to take a holiday off shall be subject to the Police Chief’s approval.
FOR THE City of Tracy FOR THE Tracy Police Management
Association
________________________________ ___________________________________ Date: __________________ Date: ______________________
Michael Rogers Luis Mejia
City Manager President of TPMA
Luis Mejia
Digitally signed by Luis
Mejia
Date: 2022.05.18
18:35:23 -07'00'
ATTACHMENT B
SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF TRACY AND
TRACY MID-MANAGERS BARGANIING UNIT
Holidays
The City of Tracy and Tracy Mid-Managers Bargaining Unit (TMMBU) agree to enter into this side letter to update the language set forth in section 8.11 of the parties’ Memorandum of Understanding (the “MOU”), which runs through June 30, 2023. The revised language in these sections of the MOU effective June 7, 2022- June 30, 2023 shall read as follows:
8.11 Proclaimed Holidays
All holidays proclaimed by the Governor of the State of California or the President of the United States shall be granted as holidays. Upon ratification of the MOU, employees shall receive eight (8) hours in their vacation bank in recognition of the first Juneteenth, which occurred on June 18, 2021.
FOR THE City of Tracy FOR THE Tracy Mid-Managers Bargaining Unit
________________________________ ___________________________________ Date: __________________ Date:______________________
Michael Rogers Ed
Lovell
City Manager President of TMMBU
Ed Lovell
Digitally signed by Ed
Lovell
Date: 2022.05.23
11:32:04 -07'00'
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
Cit
y of Tracy Personnel Rules and Regulations
CITY
OF TRACY
PERSO
NNEL RULES AND
REGULATIONS
Effect
ive: November 1997
Revised: November 2009
ATTACHMENT F
City of Tracy Personnel Rules and Regulations ii
ATTACHMENT F
City of Tracy Personnel Rules and Regulations iii
TABLE OF CONTENTS
1. PURPOSE ____________________________________________________________________1
1.1 Personnel Policy _____________________________________________________________1
1.2 Equal Employment Opportunity ________________________________________________1
1.3 Powers of the City Manager ___________________________________________________2
1.4 Department Rules and Regulations ______________________________________________3
1.5 Application of Personnel Rules _________________________________________________3
1.6 Adoption of Personnel Rules ___________________________________________________3
1.7 Amendment and Revision of Personnel Rules ______________________________________3
1.8 Conflict of Personnel Rules ____________________________________________________3
1.9 Rights of Management ________________________________________________________4
1.10 Violation of Personnel Rules __________________________________________________4
2. DEFINITION OF TERMS _______________________________________________________4
2.1 Actual Hours Worked ______________________________________________________4
2.2 Advancement _______________________________________________________________4
2.3 Allocation __________________________________________________________________4
2.4 Applicant __________________________________________________________________4
2.5 Appointment ________________________________________________________________4
2.6 At Will _________________________________________________________________ _ 4
2.7 Base Salary ________________________________________________________________ 4
2.8 Candidate __________________________________________________________________5
2.9 Certification ________________________________________________________________5
2.10 Certified Employee Organization _______________________________________________5
2.11 Class or Classification _______________________________________________________5
2.12 Class Series _______________________________________________________________5
2.13 Classification Plan __________________________________________________________5
2.14 Compensation ______________________________________________________________5
2.15 Compensatory Time Off ___________________________________________________ 5
2.16 Competitive Service _________________________________________________________5
2.17 Competitive Examination _ ____________________________________________________5
2.18 Continuous Examination _____________________________________________________5
2.19 Continuous Service _________________________________________________________6
2.20 Days _____________________________________________________________________6
2.21 Demotion _________________________________________________________________6
ATTACHMENT F
City of Tracy Personnel Rules and Regulations iv
2.22 Department ________________________________________________________________6
2.23 Department Head ___________________________________________________________6
2.24 Dismissal _________________________________________________________________6
2.25 Domestic Partner __________________________________________________________6
2.26 Elective Office _____________________________________________________________6
2.27 Eligible Candidate _________________________________________________________6
2.28 Employment Date _________________________________________________________6
2.29 Employment List ___________________________________________________________6
2.30 Employment Status _______________________________________________________ 6
2.31 Examination _________________________________________________________________6
2.32 Executive Management ________________________________________________________7
2.33 FLSA ___________________________________________________________________ 7
2.34 FLSA Exempt ____________________________________________________________ 7
2.35 FLSA Non-Exempt ________________________________________________________ 7
2.36 Grievance _________________________________________________________________7
2.37 Incumbent ________________________________________________________________7
2.38 Layoff ____________________________________________________________________7
2.39 Limited Term Position ___________________________________________________7
2.40 Limited Service ____________________________________________________________7
2.41 Open Examination __________________________________________________________7
2.42 Overtime Work _____________________________________________________________7
2.43 Part-time Position ___________________________________________________________7
2.44 Pay Range _________________________________________________________________8
2.45 Permanent Appointment or Permanent Status _____________________________________8
2.46 Position ___________________________________________________________________8
2.47 Probationary Appointment ____________________________________________________8
2.48 Probationary Period ________________________________________________________8
2.49 Promotional Appointment _________________________________________________8
2.50 Promotional Examination _____________________________________________________8
2.51 Provisional Appointment _____________________________________________________8
2.52 Provisional Employee ______________________________________________________8
2.53 Reclassification __________________________________________________________8
2.54 Recognized Employee Organization _________________________________________8
2.55 Re-employment ____________________________________________________________9
ATTACHMENT F
City of Tracy Personnel Rules and Regulations v
2.56 Regular Employee __________________________________________________________9
2.57 Regular Position ____________________________________________________________9
2.58 Rehire ____________________________________________________________________9
2.59 Reinstatement ______________________________________________________________9
2.60 Resignation ____________________________________________________________ 9
2.61 Safety Sensitive _________________________________________________________ 9
2.62 Salary Basis ____________________________________________________________ 9
2.63 Salary Evaluation Date ___________________________________________________ 9
2.64 Seniority in City Service __________________________________________________ 9
2.65 Seasonal Position _________________________________________________________ 10
2.66 Selection Procedure________________________________________________________10
2.67 Separation _______________________________________________________________10
2.68 Service Anniversary Date _________________________________________________10
2.69 Step Advancement _________________________________________________________10
2.70 Step Advancement Date __________________________________________________10
2.71 Student Position ___________________________________________________________10
2.72 Suspension _______________________________________________________________10
2.73 Temporary Position ________________________________________________________10
2.74 Termination ______________________________________________________________10
2.75 Transfer _________________________________________________________________11
2.76 Vacancy _______________________________________________________________11
2.77 Y-Rated ______________________________________________________________ 11
3. POSITION CLASSIFICATION __________________________________________________11
3.1 Classification Plan __________________________________________________________11
3.2 Positions __________________________________________________________________12
3.3 Emergency or Temporary Positions _____________________________________________12
3.4 Classification Review ________________________________________________________13
4. COMPENSATION PLAN ______________________________________________________13
4.1 Compensation Plan Establishment _____________________________________________ 13
4.2 Compensation Plan Administration ____________________________________________ 14
4.3 Errors in Compensation ______________________________________________________17
5. RECRUITMENT, APPLICATIONS AND APPLICANTS _____________________________17
5.1 Recruitment _______________________________________________________________18
5.2 Applications _______________________________________________________________18
ATTACHMENT F
City of Tracy Personnel Rules and Regulations vi
5.3 Disqualification of Applicants _________________________________________________18
5.4 Notice of Rejection __________________________________________________________19
5.5 Incomplete or Late Applications _______________________________________________19
6. EXAMINATIONS _____________________________________________________________19
6.1 Responsibility ______________________________________________________________19
6.2 Need for Examinations _______________________________________________________20
6.3 Qualifications Appraisal Board ________________________________________________20
6.4 Rating ____________________________________________________________________20
6.5 Preparation of Employment Lists _______________________________________________20
6.6 Notification of Examination Results ____________________________________________21
6.7 Protests/Appeals to Human Resources Director ___________________________________21
6.8 Status of Examinations Being Protested or Appealed _______________________________22
7. ESTABLISHMENT AND THE USE OF EMPLOYMENT LISTS _______________________22
7.1 Type of Lists _______________________________________________________________22
7.2 Use of Employment Lists _____________________________________________________22
7.3 Employment List(s) Established by Examination __________________________________22
7.4 Eligibility for Promotional Examinations ________________________________________23
7.5 Restoration of Names of Laid-off Employees to Employment Lists ____________________23
7.6 Availability of Candidates ____________________________________________________23
7.7 Removal of Names from Employment, Reinstatement or Re-employment Lists __________23
7.8 Request to Fill Vacancies _____________________________________________________24
7.9 Employment List Priority _____________________________________________________24
7.10 Certification of Employment Lists _____________________________________________25
8. APPOINTMENTS _____________________________________________________________26
8.1 General Requirements for Appointment _________________________________________26
8.2 Applicable Pay Upon Employment _____________________________________________27
8.3 Types of Appointments ____________________________________________________28
8.4 Probationary Periods ________________________________________________________29
8.5 Promotion of an Employee ________________________________________________ 29
8.6 Transfer of an Employee _________________________________________________ 30
8.7 Voluntary Transfers _____________________________________________________ 31
8.8 Qualified Disabled Employees ______________________________________________ 31
8.9 Demotion of an Employee ________________________________________________ 31
8.10 Reclassification of an Employee's Position __________________________________ 32
ATTACHMENT F
City of Tracy Personnel Rules and Regulations vii
9. OUTSIDE EMPLOYMENT AND USE OF CITY PROPERTY _________________________33
9.1 Prohibited Activity __________________________________________________________33
9.2 Outside Employment ________________________________________________________33
9.3 Authorization of Outside Employment __________________________________________34
9.4 Violations and Penalties ______________________________________________________34
10. PERFORMANCE EVALUATIONS ______________________________________________35
10.1 Frequency ________________________________________________________________35
10.2 Personnel Files ___________________________________________________________ 35
11. DISCIPLINARY ACTION _____________________________________________________35
11.1 Authority to Discipline ______________________________________________________35
11.2 Grounds for Disciplinary Actions _____________________________________________36
11.3 Types of Discipline ________________________________________________________37
11.4 Procedures for Disciplinary Action ____________________________________________38
12. DISCIPLINARY APPEAL PROCESS ____________________________________________39
12.1 Employee's right to Representation During Appeal Process ______________________ 39
12.2 Appeal Process ____________________________________________________________40
13. GRIEVANCE PROCEDURE (Non-Disciplinary Matters) ____________________________40
13.1 Definition of Grievance _____________________________________________________41
13.2 Eligibility to File a Grievance ________________________________________________41
13.3 Exclusion from the Grievance Procedure ________________________________________41
13.4 Group Grievances __________________________________________________________41
13.5 Procedure ________________________________________________________________41
13.6 Representation ____________________________________________________________43
13.7 Waiver of Steps or Time Limits ____________________________________________43
13.8 Waiver of Grievance ____________________________________________________ 43
13.9 No Interruption of Work __________________________________________________44
13.10 No Retaliation ________________________________________________________44
14. LAYOFF, DISPLACEMENT, AND RE-EMPLOYMENT ____________________________44
14.1 Notice ___________________________________________________________________44
14.2 Lay Off Order Determination _________________________________________________44
14.3 Bumping _________________________________________________________________45
14.4 Lay Off List Preparation Procedure ____________________________________________45
14.5 Separations _______________________________________________________________45
14.6 Reemployment from Lay Off _________________________________________________46
ATTACHMENT F
City of Tracy Personnel Rules and Regulations viii
15. WORK WEEK AND ATTENDANCE ____________________________________________46
15.1 Work Week ______________________________________________________________46
15.2 Attendance ___________________________________________________________46
15.3 Meals and Rest Periods __________________________________________________47
15.4 Timekeeping __________________________________________________________ 47
16. VACATION AND HOLIDAYS __________________________________________________47
16.1 Vacation Accrual __________________________________________________________47
16.2 Use of Vacation ___________________________________________________________48
16.3 Effect of Sick Leave on Vacation Leave ____________________________________48
16.4 Compensation for City Work During Vacation Prohibited _______________________49
16.5 Vacation Pay-out Upon Termination ___________________________________________49
16.6 Holidays _________________________________________________________________49
17. SICK LEAVE ________________________________________________________________50
17.1 Certification ______________________________________________________________50
17.2 Prohibited Activity ______________________________________________________50
17.3 Eligibility ________________________________________________________________50
17.4 Accrual __________________________________________________________________50
17.5 Accumulation _____________________________________________________________50
17.6 Use _____________________________________________________________________51
17.7 Integration of Benefits ______________________________________________________51
17.8 Catastrophic Leave Program _________________________________________________51
18. LEAVES OF ABSENCE WITHOUT PAY _________________________________________52
18.1 Authorization for Leave of Absence Without Pay _________________________________52
18.2 Leave of Absence Request ___________________________________________________52
18.3 Return from Authorized Leave of Absence Without Pay ___________________________52
18.4 Authorized Leave of Absence Without Pay for Job Injury __________________________52
18.5 Status of Employee on Authorized Leave of Absence Without Pay ________________53
ATTACHMENT F
City of Tracy Personnel Rules and Regulations ix
19. OTHER LEAVES OF ABSENCE _______________________________________________53
19.1 Administrative Leave ____________________________________________________53
19.2 Bereavement Leave ________________________________________________________53
19.3 Family and Medical Leave ___________________________________________________54
19.4 Jury Duty ________________________________________________________________54
19.5 Military Family Leave __________________________________________________54
19.6 Military Leave _________________________________________________________54
19.7 Military Spouse Leave __________________________________________________55
19.8 Paid Family Leave ______________________________________________________55
19.9 Pregnancy Disability Leave _______________________________________________55
19.10 School Activity Leave __________________________________________________ 55
19.11 Voting Leave _________________________________________________________ 55
19.12 Witness Leave ________________________________________________________ 55
20. EMPLOYEE TRAINING AND EDUCATION PROGRAMS __________________________56
21. EMPLOYER - EMPLOYEE RELATIONS ________________________________________56
21.1 Definitions _______________________________________________________________56
21.2 Designation of Municipal Employee Relations Officer __________________________58
21.3 Employee Rights __________________________________________________________58
21.4 City Rights _______________________________________________________________58
21.5 Meet and Confer in Good Faith – Scope ________________________________________59
21.6 Incorporation in a Memorandum of Understanding ________________________________59
21.7 Compliance of Federal and State Laws _________________________________________59
21.8 Advance Notice ___________________________________________________________59
21.9 Petition for Recognition __________________________________________________60
21.10 The Petition ___________________________________________________________61
21.11 Municipal Employee Relations Officer _________________________________________61
21.12 Response to Petition _______________________________________________________61
21.13 Notice __________________________________________________________________61
21.14 Elections ________________________________________________________________62
21.15 Certification _____________________________________________________________62
21.16 Election Procedures _______________________________________________________62
21.17 Bargaining Unit Modifications ____________________________________________64
21.18 Denying the Request ____________________________________________________64
ATTACHMENT F
City of Tracy Personnel Rules and Regulations x
21.19 Timing _______________________________________________________________65
21.20 Unit Disputes Involving Professional Employees ______________________________66
21.21 Rights and Responsibilities _______________________________________________66
21.22 Impasse Resolution Procedures ____________________________________________67
21.23 Agency Shop __________________________________________________________68
21.24 Miscellaneous Provisions ________________________________________________68
22. MISCELLANEOUS ________________________________________________________68
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 1
CITY OF TRACY
PERSONNEL RULES
1. PURPOSE
In order to establish a uniform procedure for dealing with personnel matters, the personnel system set forth in these Rules and Regulations (hereinafter “Rules”) is hereby adopted. These Rules supersede any prior rules and regulations and may be changed only upon approval of the City Council.
Where an applicable memorandum of understanding between the City and a recognized employee organization contains provisions that are inconsistent with any of these Rules, the language contained in the Memorandum of Understanding shall govern.
The City Council authorizes the City Manager to implement administrative policies that shall be supplemental to these Rules.
Each employee shall be given a copy of these Rules and is responsible for reading and complying with these Rules.
These Rules may be amended from time to time. However, in order to be effective, the amendment must be in writing and approved by resolution of the City Council. Whenever such amendments affect the wages, hours or other terms or conditions of employment, they shall be subject to the meet and confer process as required by law.
In the event of an emergency, any part or all of these Rules may be suspended by order of the City Manager and such suspension shall remain in effect until the City Manager’s order is withdrawn.
1.1 Personnel Policy
In accepting employment with the City each employee agrees to be governed by and to comply with ordinances, these Rules, the Administrative Policy and Procedures Manual, the rules, regulations and directives of the department in which employed, and the memorandum of understanding in effect between the City and the appropriate employee organization.
1.2 Equal Employment Opportunity
It is the policy of the City of Tracy to provide equal opportunity in employment for all persons to prohibit discrimination in employment. This policy of equal employment opportunity applies to and must be an integral part of every aspect of personnel policy and practice in the employment, development, advancement, and treatment of employees to the extent permitted by law.
1.2.1 This Equal Employment Opportunity policy applies to all applicants, officers, volunteers, and employees without exception.
1.2.2 The City shall not discriminate against qualified employees or applicants for
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 2
employment on the basis of actual or perceived race, color, religion, gender, national origin, ancestry, citizenship, age, marital status, physical disability, mental disability, medical condition, sexual orientation, or any other basis protected by law, or on the basis of a perception that an individual is associated with a person who has, or is perceived to have, any of these characteristics. The City shall afford equal employment opportunity to all qualified applicants or employees with respect to compensation and all terms and conditions of employment, including hiring, training, promotion, transfer, discipline, and termination.
1.2.3 Employees who believe they have experienced denial of equal employment opportunity or discrimination are encouraged to report this experience immediately to their supervisor or the Human Resources Director. The City shall promptly investigate the report under the Discrimination Complaints Procedure.
1.3 Powers of the City Manager
1.3.1 The City Manager is the chief administrative officer and the head of the administrative branch of the City Government. Whenever the term "City Manager" is used in these Rules, it shall include the City Manager or any person designated by him/her to carry out any function required by these Rules. When any officer or employee other than the City Manager is assigned a duty or responsibility under these Rules, such assignment is subject to the direction and control of the City Manager, and the City Manager shall have the right to perform such duty or responsibility or to assign it to any other officer or employee.
1.3.2 Subject to Section 2.08.060 of the Tracy Municipal Code, the City Manager has the power and authority to:
1.3.2.1 Establish, when not in conflict with these Rules, such other policies, procedures, rules and regulations necessary for the control and supervision of the affairs of the City;
1.3.2.2 Appoint and remove all Department Heads, officers and employees of the City, except those officers appointed by the Council;
1.3.2.3 Approve all proposed appointments and removals of subordinate employees by all officers and Department Heads;
1.3.2.4 Transfer, promote, demote, reemploy, reinstate, discipline, layoff, reduce in salary, suspend, or dismiss City employees, except for those officers appointed by the City Council.
1.3.3. The City Manager shall interpret, apply, administer and enforce the provisions of these Rules, any ordinances or resolutions relating to personnel matters, the employer-employee relations resolution, the memoranda of understanding, and
any other pertinent regulations, directives and policies which relate to the City's personnel system.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 3
1.3.4 The City Manager may delegate to the Human Resources Director any of the powers and duties conferred upon him/her under these or other City rules, regulations, resolutions or ordinances. The Human Resources Director, or his/her designee, shall be responsible for administration of these Personnel Rules.
1.4 Department Rules and Regulations
Department Heads may develop, implement and revise as necessary any departmental policies, procedures, rules and regulations pertaining to unique operational requirements and their effect upon departmental personnel as are needed for the full performance of duties and responsibilities and which are not contrary to these Rules.
1.5 Application of Personnel Rules
The provisions of these Rules shall apply to all offices, positions and employees in the Competitive Service of the City, except the following positions and except as otherwise indicated within a specific provision of these Rules:
1.5.1 Elected officials;
1.5.2 Members of appointed boards, commissions and committees;
1.5.3 Persons engaged under contract to render professional, scientific, technical or expert services for a definite period of time;
1.5.4 Volunteer personnel who receive no regular compensation from the City;
1.5.5 Where a particular rule or article expressly states it does not apply to certain employees and/or positions, or applies only to certain employees and/or positions.
1.6 Adoption of Personnel Rules
The Personnel Rules shall be established by resolution adopted by the City Council.
1.7 Amendment and Revision of Personnel Rules
Proposed amendments to/or revisions of the Personnel Rules shall be submitted to the City Council in writing by the Human Resources Director after approval of the City Manager.
1.8 Conflict of Personnel Rules
In the event that one or more provisions of these Rules contradict provisions included in memorandum of understanding currently in effect between the City and a formally recognized employee organization, the terms of the memorandum of understanding shall prevail. If there is a conflict between these Rules and a federal or state law, that law prevails. If there is a conflict between these Rules and an administrative regulation, these Rules prevail.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 4
1.9 Rights of Management
The adoption of these Rules shall not be deemed a waiver or surrender of any management prerogative in relation to the organization or the necessity of any department or position.
1.10 Violation of Personnel Rules
Each employee is responsible to comply with these Rules and any amendments hereto.
Violation of the provisions of these Rules shall be grounds for disciplinary action, up to and including dismissal.
2. DEFINITION OF TERMS
All words and terms used in these Rules and in any other resolution, ordinance, or administrative procedures dealing with personnel policies or procedures shall be defined as they are normally and generally defined in the field of personnel administration. For the purpose of convenience, however, the words and terms most commonly used are defined as follows:
2.1 Actual hours worked
All hours in which the employee actually performed work and does not include any paid or unpaid leave time, including but not limited to vacation and sick leave.
2.2 Advancement
A salary increase of one or more steps within the limits of the pay range established for a class.
2.3 Allocation
The official assignment of an individual position to its appropriate class in accordance with the duties performed and the authority and responsibilities exercised.
2.4 Applicant
Any person who has made application for a position.
2.5 Appointment
E mployment of a person in a position
2.6 At will
The employee serves at the pleasure of the City Manager, who retains the authority to terminate any such employee at any time with or without cause. An “at will” employee has no right of appeal of discipline or termination.
2.7 Base Salary
The salary range and step established in the Compensation Plan, exclusive of any overtime, shift-differential, incentive or other excludable pay an employee may receive.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 5
2.8 Candidate
Any person who has been accepted for participation in an examination.
2.9 Certification
The submittal to a Department Head of a listing of eligible candidates from an appropriate employment list, or names of those on a reinstatement or re-employment list.
2.10 Certified Employee Organization
An employee organization that has been certified by the City of Tracy as representing the majority of the eligible employees in an appropriately designated employee representation unit and shall be considered to represent all the employees of that unit.
2.11 Class or Classification
A group of positions sufficiently and substantially similar in duties, authority, responsibilities, and minimum qualifications for employment to permit combining them under a single title and the application of common standards of selection and compensation.
2.12 Class Series
Two or more classification levels which have similar duties and responsibilities, but are distinguished from each other by degree of difficulty or level of responsibility.
2.13 Classification Plan
The designation by resolution of the City Council of a title for each classification together with the specifications for each classification as prepared and maintained by the Human Resources Director.
2.14 Compensation
The salary, wage, allowances, and a ll other forms of valuable consideration earned by or paid to any employee by reason of said service in any position, but does not include any allowances authorized and incurred as incidents to employment.
2.15 Compensatory time off
P aid time off from work in lieu of overtime pay.
2.16 Competitive Service
All positions in the City service, except for the following positions, which are within the non-Competitive Service: Elective Offices, the City Manager, Assistant City Manager, City Attorney, Assistant City Attorney, and all Heads of Departments.
2.17 Competitive Examination
One or more selection procedures used to assess the relative qualifications of a group of applicants or candidates.
2.18 Continuous Examination
A competitive examination or a particular class which is designed to be either open or promotional, or both; and the examination consists of the same or comparable tests of fitness which may be administered periodically; and as a result of which names of eligible candidates may be added to an existing employment list for the duration of such list.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 6
2.19 Continuous Service
Employment without interruption, and includes approved leaves of absence to serve in the armed forces of the United States, as provided by Section 395 of the Military and Veterans Code, as amended.
2.20 Days
Calendar days unless otherwise noted.
2.21 Demotion
The voluntary or involuntary movement of an employee from one class to another class having a lower maximum rate of pay.
2.22 Department
An organizational unit with responsibility for carrying out a function under the supervision of a Department Head.
2.23 Department Head
The head of an established office or department having supervision of such department and office.
2.24 Dismissal
The involuntary separation of an employee from the City service.
2.25 Domestic Partner
“Domestic partner” as defined in California Family Code Section 297.
2.26 Elective Office
All positions in the Exempt Service held by elected officials.
2.27 Eligible C andidate
A person who has earned a place on an employment list established by competitive examination.
2.28 Employme nt Date
For retirement, sick leave and other benefit purposes, the effective date of an employee’s initial appointment to a full-time or permanent part-time position within the Competitive Service.
2.29 Employment List
A list of names of persons who may be considered for employment with the City under specific conditions. Such lists may be designated as either a re-employment, reinstatement, promotion, or open employment list.
2.30 Employment Status
The type of an employee’s appointment, such as regular, probationary, or limited service.
2.31 Examination
The selection procedures used to measure the knowledges, skills and abilities of the persons applying for positions within the Competitive Service.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 7
2.32 Executive Management
The group of employees comprised of the City Manager, City Attorney, Assistant City Manager and all Department Heads.
2.33 FLSA
The Fair Labor Standards Act.
2.34 FLSA Exempt
All employees who meet one or more of the duties test exemptions from overtime under the FLSA (e.g. executive, administrative, professional) and who are paid on a salary basis. FLSA exempt employees are not eligible for overtime compensation.
2.35 FLSA Non-Exemp
t
Employees who are eligible for FLSA overtime compensation.
2.36 Grievance
Defined in Section 13 of these Rules.
2.37 Incumbent
A person legally occupying a position in the City Service.
2.38 Layoff
T he termination of an employee from City service for reasons of economy, efficiency, reorganization or other non-disciplinary reason.
2.39 Limited Service
Those types of positions which do not provide full-time employment throughout a fiscal year. The kinds of positions assigned to the Limited Service include temporary, part-time, student, and seasonal positions. Appointment to such positions are noncompetitive and incumbents do not acquire status in the class to which assigned by virtue of such employment. Limited service positions are “at will” and may be terminated with or without cause and without right of appeal.
2.40 Limited Term Position
A position in the competitive or non- Competitive Service which is created for a limited term or for projects funded entirely
2.41 Open Examination
A competitive examination for a particular class in which applications are invited from all qualified persons, regardless of whether or not they are employed by the City.
2.42 Overtime Work
All actual hours worked by a non-exempt employee in excess of forty (40) hours in the employee’s designated workweek, except as otherwise designated by an applicable MOU, as otherwise designated for employees on an approved flexible work schedule, or as designated under the FLSA.
2.43 Part-T ime Position
A type of limited service position to which a person is employed in a regularly budgeted position who works less than full-time.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 8
2.44 Pay Range
A series of base salary steps to which a class may be assigned.
2.45 Permanent Appointment or Permanent Status
The type of status granted an employee who has successfully completed an official probationary period for a particular class and in a regular position in the Competitive Service.
2.46 Position
A combination of duties and responsibilities assigned to a single employee and performed on either a full -time or part-time basis. A position may be occupied or vacant.
2.47 Probationary Appointment
The initial appointment of an employee into a position that begins a probationary period.
2.48 Probationary Period
The final stage of the recruitment, examination and selection process where a new or promoted employee is required to demonstrate satisfactory or better performance of the position’s duties. During this period, the employee may be dismissed at any time without cause and without right of appeal or hearing.
2.49 Promotional Appointment
The advancement of an employee from a position in one classification to a position in another classification having a higher maximum salary range.
2.50 Promotional Examination
A competitive examination of a particular class which is only available to current employees who meet the qualifications for the class or are otherwise permitted to take such an examination.
2.51 Provisional Appointment
Appointment of a person possessing the minimum qualifications last established for a particular class other than eligibility by examination and who has been appointed to a position in that class in the absence of available eligible candidates.
2.52 Provisional Employee
An employee appointed to fill a position vacancy for a limited time period when no valid eligibility list exists for that position. Provisional employees are “at will,” and their appointment may be terminated at any time with or without cause and without right of appeal.
2.53 Reclassification
The permanent reassignment of a position to another classification due to the material change of the job duties of a position.
2.54 Recognized Employee Organization
An employee organization that has been formally acknowledged by the City as the employee organization that represents the employees in an appropriate representation unit.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 9
2.55 Re-employment
The reappointment of a former employee (from a layoff re-employment list) who had a permanent appointment with the City at the time of layoff.
2.56 Regular Employee
The employment of a person in an authorized full-time
position following successful completion of a probationary period in an authorized full-time position in the Competitive Service.
2.57 Regular Position
A full-time position in the Competitive Service which is established without any limitation as to time.
2.58 Rehire
The reappointment of a former employee who does not have re-employment or reinstatement rights at the time of returning to the payroll.
2.59 Reinstatement
The probationary appointment of an employee after the employee who resigned in good standing from a permanent regular position or the return of an employee from a non-disciplinary demotion to a position which the employee held not more than one year previously. In either case reinstatement must occur not more than one (1) year from the date of separation. Such reinstatement maybe done so without further competitive examination.
2.60 Resignation
The voluntary separation of an employee from City employment.
2.61 Safety Sensitive
A position or duty of a position that the City has designated as “safety sensitive” for purposes of implementing its Drug and Alcohol policy.
2.62 Salary Basis
Compensation in a predetermined amount that is not reduced, regardless of the quality or quantity of work actually performed, except as required by the City’s principles of public accountability, for partial-day absences or as otherwise set forth in the FLSA.
2.63 Salary Evaluation Date
T he date on which a probationary or regular employee’s performance is evaluated and the date upon which the employee is eligible, on the basis of job performance for a prescribed period, for a merit salary increase within the established salary range.
2.64 Seniority in City Service
Seniority in City service is based on the employee’s number of continuous years in City measured from the employee’s original hire date. Seniority in classification is based on the number of continuous years of service in the present or higher classification.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 10
2.65 Seasonal Position
A position of limited service status which is recurrent and does not provide full time employment. Seasonal employees are “at will” and may be terminated at any time with or without cause and without right of appeal.
2.66 Selection Procedure
The process by which employment decisions are made, including but not limited to application screening, written tests, oral interviews, performance tests, background investigations, assessments of physical or mental condition, and probation periods.
2.67 Separation
The voluntary or involuntary termination of employment from City service.
Separation may include death, dismissal, layoff, resignation, retirement, or work completion.
2.68 Service Anniversary Date
The original date of hire as a full-time employee for purposes of accruing benefits and determining years of service with the City.
2.69 Step Advancement
The merit -based increase of an employee’s salary to a higher salary level within the established salary range for the employee’s classification.
2.70 Step Advancement Date
The effective date of an employee’s merit-based salary increase.
2.71 Student Position
A type of limited service position to which an employee who is also a student pursuing a course of study may be employed part-time during an academic school year and full- time during school vacations and holidays. Employees holding such positions are “at will” and may be terminated at any time with or without cause and without right of appeal.
2.72 Suspensio
n
The temporary separation without pay of an employee from the Competitive Service for disciplinary purposes.
2.73 Temporary Position
A type of limited service position to which a person is appointed on a temporary basis and which is not an authorized regular position or a regular position for a limited period of time, either full-time or part time. Temporary employment that is limited to not more than 999 hours in any fiscal year. This time period includes all time spent in one or more positions.
2.74 Termination
Involuntary separation of an employee from City service.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 11
2.75 Transfer
The reassignment of an employee from one position to another position in the same classification or another classification having the same maximum salary range, involving the performance of basically similar duties, and requiring substantially the same minimum qualifications.
2.76 Vacancy
A duly created position which is not occupied and for which monies have been appropriated.
2.77 Y-Rated
Employee’s existing salary is frozen until adjustments to the employee’s salary cause it to fall within a new salary range.
3. POSITION CLASSIFICATION
3.1 Classification Plan
The City Council, upon recommendation of the Human Resources Director in consultation with the City Manager, shall create and adjust classes of positions in the City service. These classes shall be known as the “Classification Plan.”
3.1.2 Implementation of the Classification Plan
The Human Resources Director, in consultation with the City Manager and Department Heads, shall recommend a Classification Plan for all classifications in the Competitive Service that includes but is not limited to the following for each classification:
• The classification title;
• A description of typical duties and responsibilities; • A statement of the desirable training, experience and other qualifications of applicants for the classification;
• Whether the classification or any of its duties are safety-sensitive. • Whether the classification is FLSA exempt
The Human Resources Director shall ensure that all positions within the same classification are substantially similar with respect to duties, authority, decision-making, character of work, and schedules of compensation.
3.1.3 Interpretation of Class Specifications
The class specifications are descriptive and explanatory and not restrictive.
They are intended to indicate the kinds of positions allocated to the various classes and should not be construed as limiting the assignment of duties and responsibilities to any position. The use of a particular expression or an illustration as to duties should not be interpreted to exclude others not mentioned that are of similar kind of level of responsibility. The specification for each class should be considered in its entirety and in relation to other classes in the Classification Plan. Consideration should be given to the general duties, specific tasks, responsibilities, qualifications desired, and relation to other positions, as affording together a picture of the kind of employment the class is designed to embrace.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 12
3.1.4 Periodic Updates
From time to time the Human Resources Director shall review the Classification Plan to ensure that it is accurate and make a mendments to reclassify, add positions or classifications, or make other changes as necessary or appropriate.
3.1.5 Adoption by City Council
The Classification Plan shall become effective only upon adoption by resolution of the City Council. Upon adoption, the Classification Plan shall take immediate effect unless otherwise specified.
3.1.6 Amendments
The classification or position descriptions may be abolished or amended from time to time by City Council action when deemed in the best interest of the City service. In addition, new classification or position descriptions may be added to the City’s Classification Plan. If new positions are added to the City services, such positions shall be allocated to an appropriate class by the Human Resources Director.
3.1.7 Assignment of Classifications to Bargaining Units Assignment or reassignment of classifications to employee units of representation shall be at the sole discretion of the City Manager and in accordance with the Employer-Employee Relations Rule.
3.2 Positions
In accordance with these Rules, any position may be assigned, reallocated or transferred to a different class by the Human Resources Director, in consultation with the City Manager and affected Department Head, whenever there is a need of such action because of change in duties or responsibilities of the position. All positions shall be included in the same class if:
3.2.1 They are sufficiently similar in respect to duties and responsibilities so that the same descriptive title may be used; and
3.2.2 Substantially the same requirements as to education, experience, knowledge, and ability are required of incumbents; and
3.2.3 Substantially the same tests of capacities and fitness may be used in choosing qualified appointees; and
3.2.4 The same pay range or salary rate appl ies
3.3 Emerg
ency or Temporary Positions
Whenever, in the judgment of the Human Resources Director in consultation with the City Manager, it is necessary for a department to employ a person or persons on an emergency or temporary basis in a type of position for which there is no classification provided in the Classification Plan, then the Human Resources Director, in consultation with the Department Head(s) and City Manager, may authorize such
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 13
positions and shall fix the amount of compensation, and may determine the minimum qualifications for such additional employees, and shall limit in advance the period of time the position may be allowed up to a maximum of 999 hours in a fiscal year.
3.4 Classific ation Review
Review of the classification of a position may occur in the following circumstances:
• One or more new positions are under consideration for possible establishment; • Due to a change in organization or methods, a major change of the duties or responsibilities of an existing position is made which may require the reallocation of such position;
• A new class is created to which a position may more appropriately be allocated;
• Due to the abolishment or combination of an existing position or class, an amendment to the Classification Plan is required.
The procedure for classification review is as follows:
3.4.1 The Department Head shall report the significant facts relating to such possible changes in writing to the Human Resources Director.
3.4.2 The Human Resources Director, upon written request of an employee and his/her department head, may undertake an inquiry of the classification of any position.
3.4.3 Upon either of the above initiations, the Human Resources Director shall make a study of the assigned duties and responsibilities of any such position and the qualifications required, and of the relationships of such positions to other classes of positions in the Classification Plan.
3.4.4 On the basis of such investigation, the Human Resources Director shall then make a change in the allocation of the position; or reallocate the position to a more appropriate class in the existing Classification Plan; or determine a new class to which the position would be allocated, whichever the Human Resources Director deems is the appropriate action. Whenever a position is reclassified or reallocated, the existing position is to be deleted and a new position created in the class to which the position is to be assigned.
4. COMPENSATION PLAN
4.1 Compensation Plan Establishment
The City of Tracy is committed to maintaining fiscal integrity and high standards of accountability to the public in the expenditure of funds provided by taxpayers. The City establishes its compensation system in accordance with the principles of public accountability.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 14
The Human Resources Director shall prepare a Compensation Plan that includes the following:
a. The salary ranges for all classifications in the Competitive Service, showing the minimum and maximum rates of pay;
b. A designation of the position as full- time, part time or temporary; c. A designation of the position as paid on an hourly or salary basis.
These rules do not preclude the creation of separate management pay plans that, if adopted by the Council, must be administered in accordance with the procedures adopted for such plan(s) by the City Council.
On a periodic basis, the Human Resources Director may survey benchmark classifications. Survey results shall be considered as one of the pieces of information used as a guideline in establishing or modifying compensation for a particular position or classification.
The Human Resources Director shall also determine whether any modifications are necessary due to recruitment and retention issues, changes to positions or classifications, including changes to exempt or non-exempt status, resulting from his/her periodic review of the Classification Plan.
The Human Resources Director shall submit any modifications to the Compensation Plan to the City Manager for recommendation to City Council for adoption.
4.2 Compensation Plan Administration
The authorized pay ranges for the respective classes of positions with such amendments as may be adopted by the City Council from time to time by resolution shall be applied as follows:
4.2.1 Increases Within the Pay Range
Normally, and as a general rule, upon progress and productivity, employees in the Competitive Service or those occupying an Appointive position shall be considered for a step advancement according to the following general plan:
4.2.1.1 Steps. The letters A, B, C, D, E, etc. respectively, denote the various salary steps in the pay range.
4.2.1.2 Step A. Step “A” shall typically be paid upon initial employment into a five (5) step pay range. If the employee possesses exceptional training or experience, that employee may start at a step B with the approval of the Department Head. Appointments at any step greater than B require prior authorization from the City Manager.
4.2.1.3 Step Advances. At the completion of the applicable probationary period of employment, employees appointed at Step A are eligible for a step increase. Police Officers appointed at Step A whose probationary period is eighteen (18) months are eligible for a step increase after (twelve) 12 months. If employed at other than Step “A” in a five (5) step pay range for the class, then consideration for advancement to the next salary step will take place twenty-four (24) semi-weekly pay periods (approximately one year) following the date
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 15
of hire. All step advances will be effective to the beginning of the closest pay period at that time. Additional step advances will be on an annual basis thereafter until the attainment of Step E.
All step advances shall be based on satisfactory performance as shown from the evaluation by the employee’s Supervisor. Denial of step increases shall be based on documented performance evaluations.
Increases of more than one step for superior performance may be provided upon recommendation by the Department Head and approval of the Human Resources Director.
4.2.1.4 Step at Promotion. When employees are promoted, they shall normally receive the first step in the salary range for their new position.
However, if such step results in a salary increase of less than 5 percent, they shall receive a minimum 5 percent increase, provided that in no event shall the new salary be above Step E of the promoted class. The City Manager may authorize an appointment to a position at any higher salary step in the pay range upon the recommendation by the Human Resources Director in consultation with the Department Head.
4.2.1.5 Special Salary Adjustments. Notwithstanding anything in these Rules to the contrary, in order to correct gross inequities or to reward outstanding achievement and performance, the City Manger may, upon recommendation of the Department Head and the Human Resources Director, adjust the salary step of an incumbent of a particular position to any step within the pay range for the class to which the position is allocated. If a special salary step adjustment is authorized, it shall coincide with the beginning date of a pay period.
4.2.1.6 Calculation of Service Anniversary Dates and/or Step Advancement Dates. Service Anniversary dates shall be established as of the effective date of employment into a regular full time position. Step Advancement Dates shall be established as of the effective date of the most recent step advancement, promotion, or reinstatement in the City service, or the effective date of a special salary adjustment as provided in Section 4.2.1.5 of these Rules. Service anniversary dates of those reemployed shall be established as provided by Section 8.2.2 of these Rules. All step advancements shall be effective the first day of the pay period following the step advance date, unless that date falls on the first day of a pay period.
4.2.1.7 Applicable Salary Rates Following Pay Range Increases and Decreases.
4.2.1.7.1 Same Relative Step. Where a pay range for a given class is revised upward, the incumbents of positions in classes
affected shall have their existing salary adjusted to the same relative step in the new pay range (Step B to Step B,
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 16
Step C to Step C, etc.) and their next step advancement date shall not be changed.
4.2.1.7.2 Retention of Salary and “Y” Rates. When a pay range is adjusted downward, incumbents may, on approval of the
City Manager, be assigned a “Y”-rate designation to hold the employee at the current salary rate, without increases, until such time as the salary range for the new
classification is the same or exceeds the amount of the “Y”-rating. Any such “Y” rate shall be indicated by a
capital “Y” following the salary each time it appears on personnel records or transactions. Said “Y” rate shall be canceled on vacancy of the position.
4.2.1.7.3 Pay Range Change on Step Advancement Date. In the event that a pay range change becomes effective on an
employee’s step advancement date, the employee shall first receive any within-range adjustment to which entitled and then receive the corresponding step adjustment.
4.2.1.7.4 Pay Range Change on Date of Promotion. In the event that a pay range change becomes effective on the date an employee is promoted to a higher class, the employee shall first receive any corresponding step adjustment to which entitled in the lower class, and then the next higher step promotional adjustment as provided in Section 8.5.1 of
these Rules.
4.2.2 Trainee Salary Range. (added August 8, 2009 per resolution 2009-142) At the recommendation of a Department Head, concurrence by the Human Resources Director, and approval by the City Manager, City of Tracy non - sworn classifications within the competitive service may be under filled by a special clas s of Trainee under a training program or on-the -job training assignment. Such training program or on-the -job training assignment will provide expectations and milestones for an employee to reach during the training period in order for said employee to acquire the full range of required skills and abilities within a reasonable and specified period of time. The salary paid such employees shall be ten percent (10%) below the salary range provided herein for employees in the classification for which training is being given. The title of such employees shall be the job title provided herein dash (-) Trainee.
If an employee transfers into a Trainee class, and the employee’s former salary range falls between the new class’ actual and Trainee (-10%) salary ranges, the Department Head may recommend and seek approval to set the transferred employee’s Trainee salary according to the following criteria:
1) The employee’s salary placement must be an amount between the new class’ actual and “Trainee” (-10%) salary ranges; and
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 17
2) The employee’s salary placement cannot exceed the employee’s former salary.
4.2.3 Retirement/Resignation Notification Incentive. ( added September 15 per resolution 2009-XXX
The City may offer a Ret irement/Resignation Notification Incentive in any fiscal year in which the City Manager deems such an incentive is necessary to assist with workforce planning or potential workforce reduction efforts. The incentive will be provided to those employees who notify the City during a designated incentive offer period of their retirement/resignation effective no later than the end of that particular fiscal year or earlier date as determined by the City Manager.
Each employee shall receive the same incentive amount during the incentive offer period as designated by the City Manager. The amount of the Retirement/Resignation Notification Incentive shall not exceed $1,000 per employee. It will be available only to CalPERS member employees who notify the City of their intent to retire or resign and completely separate their employment with the City of Tracy by the end of the specified fiscal year or earlier date as determined by the City Manager.
Employees must fill out a Retirement/Resignation Notification Incentive Application and submit it to the Human Resources Department by the deadline specified. Once the application is signed and submitted by the employee, the City will deem the application to be an irrevocable letter of intent to retire or resign and payment shall be made to the individual employee.
4.3 Errors in Compensation
Each employee shall review each of his/her paychecks to ensure the employee was paid correctly. If the employee believes an error or irregularity has occurred, the employee must immediately call it to the attention of his/her supervisor who shall in turn notify the Finance and Administrative Services Director. The City shall document all errors in compensation and the affected employees shall sign an acknowledgement for any corrections made.
In the event of any underpayment of which the City becomes aware, the employee shall receive any amount due him/her on the next regular pay check.
In the event an employee receives an overpayment by the City, the employee shall reimburse the City for the total overpayment and the City may obtain reimbursement by payroll deduction(s). Typically, such repayment shall occur over a schedule equal to the amount of time over which the overpayment occurred.
5. RECRUITMENT, APPLICATIONS AND APPLICANTS
It is the policy of the City of Tracy to recruit and select the most qualified individuals for positions in the City’s service. Recruitment and selection shall be conducted in a manner that will ensure open competition, provide equal employment opportunity, and prohibit discrimination or favoritism because of race, religion, sex, color, national origin, age, serious medical condition, disability, politics, sexual orientation, gender identity, and ancestry.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 18
5.1 Recruitment
Positions to be filled in the Competitive Service shall be publicized by distributing announcements to those City divisions, surrounding government entities or other publication/advertising sources as deemed advisable and appropriate within the discretion of the Human Resources Director and in consultation with the affected Department Head(s). The Human Resources Department shall prepare an official bulletin announcing any proposed examination. The notice shall be posted in public view at the City Hall and other City facilities. The notice shall be posted for at least ten (10) working days prior to the closing date for receipt of applications. The notice may be posted for less time for a promotional only recruitment. The examination announcement shall contain all information of importance for consideration by potential applicants, including whether the examination is to be promotional only, open, both promotional and open, or continuously open.
When the City seeks only promotional candidates, distributions will be limited to internal sources. Additionally, when distribution of a job announcement would detrimentally delay the filling of a position the City, in its sole discretion, may opt to fill the position temporarily from immediately available sources.
5.2 Applications
Official application forms shall be available in the City’s Human Resources Department. Applications shall be made on forms provided by the Human Resources Department. All applications must be submitted on or before the filing deadline stated in the job announcement. If in the best interest of the City, the Human Resources Director may permit a letter, resume or other indication of interest to be accepted pending receipt of a properly completed application.
When necessary to meet continued requirements for filling positions due to non- availability of applicants for a classification or position or due to an increased vacancy rate or due to increased City needs, the closing date for any selection process may be indefinite and applicants may be tested continuously in such manner and at such times and places as may be provided by the City. Applicants who fail to achieve a passing score in such an open continuous examination may not compete again until the lapse of ninety (90) days between the first and second testing and one hundred and twenty (120) days between the second and third such testing, unless stipulated to the contrary on the job announcement. The City may exclude such applicants from further testing at its discretion.
5.3 Disqualification of Applicants
The Human Resources Director may disqualify any applicant either before or after examination for any of the following causes:
a. The applicant did not properly complete the application;
b. The application indicates on its face that the applicant does not possess the minimum qualifications for the position;
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 19
c. The applicant is unable to perform the essential functions of the position sought, with or without reasonable accommodations;
d. The applicant is currently using illegal drugs;
e. The applicant has been convicted of a crime that may ha ve an adverse impact on the applicant’s ability to perform the job for which the applicant is applying;
f. The applicant is not legally permitted to work within the United States;
g. The applicant has made false statement of any material fact or practiced or attempted to practice deception or fraud in making application for employment; or
h. For any material cause which in the judgment of the Human Resources Director would render the applicant unsuitable for the position, including a prior resignation from City service, termination from City service, or significant disciplinary action.
5.4 Notice of Rejection
The Human Resources Department shall mail a notice of any rejection to the mailing address provided by the applicant on the application. Any disqualified applicant may protest his or her rejection as provided by Section 6.7 of these Rules.
5.5 Incomplete or Late Applications
Incomplete or improperly completed applications may be returned to the applicant for additional information and/or completion provided the time limit for receiving applications has not expired. Such applications may be resubmitted and accepted by the Human Resources Director. Acceptance in this case will be based on such applications being initially received on or before the previously announced final date for filing. Applications received after the announced final date for filing may be accepted by the Human Resources Director. Acceptance in this case will be based on a reasonable explanation being given by the applicant which is satisfactory to the Human Resources Director. Such acceptance must take place prior to any scheduled examination for the class in question.
6. EXAMINATIONS
6.1 Responsibility
The Human Resources Director, in consultation with the Department Head, will determine the manner and methods, and by whom examinations shall be given. All examinations and background checks will be job-related and consistent with a business necessity.
Examinations shall be competitive and may consist of written tests, oral tests, performance tests, evaluations of prior training and performance, experience and education, interviews, style assessments, file review, or any combination thereof.
The Human Resources Director shall be responsible for the selection of examination for classes of positions within the City’s service.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 20
6.2 Need for Examinations
The Human Resources Director shall schedule examinations as necessary. If there is a vacancy or one is anticipated, or if a provisional appointment is made, an examination will be conducted as soon as practicable to establish or supplement an employment list.
6.3 Qualifications Appraisal Board
In examinations where appropriate, the education, experience, skills, personal qualifications, and other pertinent information about the candidate may be evaluated by a Qualifications Appraisal Board. The weight to be given the evaluation of the above shall be determined by the Human Resources Director. The Qualifications Appraisal Board may be composed entirely of City employees, provided that such persons are neither the manager/supervisor for the positions being examined, nor are currently the immediate supervisor of a candidate. If possible, at least one of the members of the Appraisal Board shall be technically familiar with the character of the work of the class for which the candidates are being examined.
6.4 Rating
In all examinations, the minimum grade or standing for which eligibility may be earned shall be based upon all factors in the examination, including educational requirements, experience, and other qualifying elements as shown in the application of the candidate or other verified information. At the discretion of the Human Resources Director, failure in one part of the examination may be grounds for declaring the applicant as failing in the entire examination, or as disqualified for subsequent parts of an examination. The Human Resources Director may also designate any part of an examination as qualifying only, and no numerical weight need be assigned to passing scores in said part.
6.5 Preparation of Employment Lists
Eligibility lists shall be established and certified by the Human Resources Director or his/her designee following all applicable examinations. If the examination was given on both a promotional and open basis, the names of candidates shall be distinguished under the corresponding heading, “Promotional List” or “Open List”. The listing of eligible names shall be in alphabetical order and grouped within the following blocks, as determined by the Human Resources Department after review of qualifications and/or testing results.
Block A shall contain the names of those candidates found to be most qualified.
Block B shall contain the names of those candidates found to be well qualified.
Block C shall contain the names of those candidates found to be qualified, but not as fully qualified as those placed in Blocks “A” or “B”.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 21
6.6 Notification of Examination Results
Every applicant taking part in the examination process shall be given written notice of the results. Any claim of error in rating or grading, must be submitted to the Human Resources Director no later than ten (10) days after the effective date of the eligibility list, to be considered for correction. Applicants shall be provided timely access to all information reasonably necessary to determine if an error in rating or grading has occurred. However, applicants may be prohibited from inspecting examination papers if review of such materials is prohibited by the consulting agency that prepared the examination. Applicants cannot have access to the rating sheets of the individual raters, but upon request may have access to a composite description of the rating sheets. Corrections of errors in grading shall be made within the discretion of the Human Resources Director. Applicants have no further right of appeal of examination results.
6.7 Protests/Appeals to Human Resources Director
6.7.1 Rejection of Application. Within five (5) working days of the date of the notice of disqualification, an applicant may file an appeal in writing with the Human Resources Director. Such an appeal shall contain information in sufficient detail to enable the Human Resources Director to reevaluate the applicant. Within ten (10) working days of receipt of the appeal, the Human Resources Director shall review the issues involved and render a decision in writing to the appellant.
6.7.2 Protest of Written Test Items
6.7.2.1 Item Protests. Within ten (10) calendar days of the examination date, a candidate may submit a written protest or objection to any item in the examination. Protests should cite authorities or references in support and/or reason for challenge to keyed items in sufficient detail to enable the Human Resources Director to understand the objection and to complete any research which is necessary to evaluate the soundness of the protest. Protests based purely on personal opinion without cited authority shall not be considered by the Human Resources Director.
6.7.2.2 Determination of Item Protests. Upon the receipt of test or item protests, the Human Resources Director shall commence to review the basis for the protests, consulting with such authorities as appropriate and make a determination if the items shall stand as keyed, be eliminated from the test, or that the key be modified and the test shall be scored or restored accordingly. In any case, the person filing the protest shall be notified in writing of the Human Resources Director’s decision.
6.7.3 Disqualification/Final Ratings. A candidate or eligible may appeal in writing to the Human Resources Director within five (5) working days after being
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 22
notified by mail to the last known address of disqualification or final ratings in any examination. Within ten (10) working days of the receipt of such an appeal, the Human Resources Director shall commence to review the issue.
When the Human Resources Director has reached a decision, the appellant shall be notified by mail to the last known address of the Human Resources Director’s decision.
6.8 Status of Examinations Being Protested or Appealed
Normally, scoring of written tests will not be completed pending disposition of protests. As the needs of the service may require the City to fill vacancies from employment lists, tests may be scored and other parts of the examination, certification, and appointment process completed prior to receipt of or answer to protests.
Appointments so made are not subject to change even if subsequent test rescoring should alter the established order of the employment lists.
7. ESTABLISHMENT AND THE USE OF EMPLOYMENT LISTS
7.1 Types of Lists
The following types of employment lists shall be established by examinations with the type of employment list to be established determined by the Human Resources Director.
7.1.1. Promotional Employment List- If there are less than three (3) applicants on a promotional eligibility list, the Human Resources Director, in consultation with the Department Head, may declare the list invalid and announce a new recruitment and examination period. In the alternative, the Human Resources Director may make a temporary appointment until eligible candidates can be certified after appropriate examination.
7.1.2. Open Employment List - If less than five (5) names of qualified applicants are available for a new appointment, the Human Resources Director may declare the list invalid and announce a new recruitment and examination period.
7.2 Use of Employment Lists
Employment lists shall be valid and in effect for a period of one (1) year. An eligibility list may be extended upon the recommendation of the Department Head and by action of the Human Resources Director for additional six-month periods, but in no event shall a list remain in effect for more than two (2) years.
7.3 Eligibility for
Promotional Examinations
All candidates for promotion must currently work in City services, have worked the equivalent of one-half year (1040 hours) within the past five consecutive years, and must possess the minimum qualifications as set forth in the specifications of the class to which the promotion is sought.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 23
7.4 Employment Lists Resulting from Continuous Examinations
The Human Resources Director may initiate a continuous examination for a class or add to an existing open or promotional employment list by re-announcing and conducting a continuous examination. Candidates on such an employment list shall be placed in the appropriate block of names as determined by their relative ratings for a period of one (1) year.
7.5 Restoration of Names of Laid-off Employees to Employment Lists
The names of employees who are laid-off or demoted for lack of work, or lack of funds, shall be restored to the same employment list from which the original appointment was made, and in the same block of candidates as when the original appointment was made, provided the original list is still valid.
7.6 Availability of Candidates
It shall be the responsibility of candidates or those on re-employment or reinstatement lists to notify the Human Resources Department of any change of address or other change affecting availability for appointment. The Human Resources Department may circulate employment, reinstatement, or re-employment lists or use other methods to determine the availability of candidates and may indicate the conditions under which appointment may be offered. Candidates or those on reinstatement lists who decline to be considered or indicate unwillingness to accept employment under the offered conditions will be deemed to be not further considered for that position.
7.7 Removal of Names from Employment, Reinstatement or Re-emp loyment Lists
The Human Resources Director may remove the name of any eligible candidate from an employment, reinstatement, or re-employment list for any of the following reasons:
7.7.1 Disqualification. As stipulated in Section 5.3 of these Rules.
7.7.2 No Response. On evidence that the eligible candidate cannot be located by postal authorities at the last known address, failure to reply within five (5) working days from the date the letter was mailed requesting information as to availability for appointment, or failure to notify the Human Resources Department of any change of address resulting in the return of letters without forwarding by the United States Post Office, will be considered sufficient evidence. On submission of a request therefore, giving acceptable reasons as to why the notice was not returned or change of address not filed, the Human Resources Director may restore the name of an eligible to the appropriate list.
7.7.3 Request of Eligible Candidate. Upon receipt of a written statement from the eligible candidate requesting his/her name be removed from the employment, reinstatement, or reemployment list.
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7.7.4 Third-Waiver. If three offers of regular full-time employment in the class for which the employment, reinstatement, or re-employment list was established have been declined by the eligible candidate.
7.7.5 Failure to Accept Appointment Offer. If the person selected has been granted at least two (2) weeks to assume the position, and fails to do so, this failure to appear may be cause to remove that person from the employment, reinstatement, or re-employment list.
7.7.6 Removal from Promotional Employment List Automatic Upon Termination. If an eligible candidate on a promotional employment list resigns from the City service or is dismissed for cause, the candidate’s name shall automatically be dropped from such list. If an open list from which the candidate was originally hired exists and is still valid, the person who resigns from City service may request that his/her name be placed on the open list.
7.7.7 Unfit for Duty. If an eligible candidate is physically or mentally unable to perform the essential functions of the job, with or without reasonable accommodation.
7.7.8 Any other lawful reasons.
7.8 Request to Fill Vacancies
Whenever a position in the Competitive Service is to be filled, the Department Head shall notify the Human Resources Director by submitting a Request to Hire form. The Human Resources Director shall advise the Department Head as to the availability of persons for employment in the position.
7.9 Employme nt List Priority
Subject to the provisions of Section 14.6 of these Rules, priority for consideration for appointment to a regular position shall be given to the various employment lists in the following order: re-employment lists, reinstatement lists, promotional lists, and open lists; however, reinstatement lists may be used instead of any employment list except a re-employment list.
7.9.1 Re-employment Lists. A re-employment list for any class, shall consist of the names of employees who have permanent status in that class and who have been issued an Official Notice of Layoff and have been laid-off, or in lieu of layoff, have been demoted, transferred or resigned from a position in the same class prior to the effective date of their layoff. All names shall be placed on the re-employment list in reverse order of the designated date of layoff. That is, the person who was laid-off, or who demoted, transferred, or resigned in lieu of layoff most recently shall be placed highest on the list. Employees whose positions have been reclassified to a class having a lower maximum salary, but who have not been demoted for cause, shall have their names placed on the re-employment list in order of their service in the class from which their position was reclassified. Names placed on a re-employment list
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shall remain on such a list for no more than two (2) years from the date of layoff; demotion, transfer or resignation in lieu of layoff; or the reclassification of the position to a class having a lower maximum salary.
7.9.2 Reinstatement Lists. The Department Head may, with the approval of the Human Resources Director, reinstate any person who has either resigned in good standing from a position in which the former employee had permanent status to a position in the same class, or return an employee to a class in which status was held prior to the employee’s acceptance of a non-disciplinary demotion, provided that such reinstatement is accomplished within one (1) year of the date of resignation or non-disciplinary demotion. Such reinstatement action may, at the discretion of the Human Resources Director, take precedence over any employment lists, except a re-employment list. Any person so reinstated shall be subject to a new probationary period of the same length as established for new appointees to a position in the class. The order of names on a reinstatement list for a class shall be in order of their resignation or non-disciplinary demotion, with the most recent being last.
7.9.3 Promotional Lists. Promotional lists shall consist of the names of employees who have been successful in an examination designated as a promotional examination. Names of all eligible candidates shall be placed in alphabetical order within an appropriate block on the promotional list according to their scores. Names of employees requesting an approved lateral transfer may also be placed on the promotional list.
7.9.4 Open Lists. Open lists shall consist of the names of persons who have been successful in an examination designated as an open examination. The names of all eligible candidates shall be placed in alphabetical order within an appropriate block on the open list according to their scores.
7.10 Certification of Employment Lists
When requests for certification of employment list(s) are received, certification shall be made to the Department Head by the Human Resources Department in conformance with the following provisions:
7.10.1 Re-employment List Certification. If a re-employment list exists for the class, the highest name on such a list shall be certified for a vacancy to be filled. If more than one vacancy is to be filled, then one more of the highest names shall be certified for each vacancy. In the event that employees on the re- employment list have the same designated date of layoff, ties shall be broken using the criteria specified in Section 14.2 of the Personnel Rules. The principals governing availability of candidates and removal of names from re- employment lists shall be as provided in Sections 7.7 of the Personnel Rules.
7.10.2 Reinstatement List Certification. If a reinstatement list exists for the class, all names on such a list shall be certified in addition to an appropriate certification from promotional or open employment lists.
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City of Tracy Personnel Rules and Regulations 26
7.10.3 Promotional List Certification. Subject to the provisions of Section 14.6, if no re-employment list for a class exists, then the names from the promotional list(s) for the class shall be certified.
7.10.4 Open List Certification. If no re-employment or promotional list exists for a class, then names from the open list(s) for the class shall be certified. Lists shall be provided to departments according to block. Priority consideration shall be provided to A Block candidates over B Block Candidates and B Block candidates over C block candidates. The open list(s) shall include all names contained in Blocks “A”, “B”, and “C” for such list(s).
If a vacancy exists in a classification for which there is no existing eligibility list, an appropriate eligibility list may be prepared for the classification from one or more existing related eligibility lists. For this purpose, t he eligibility list may be selected from the classes for which the selection process and qualifications are comparable to or higher than those required for the class for which the vacancy exists.
8. APPOINTMENTS
The City Manager or his/her designee shall make an appointment by extending a conditional offer of appointment to an applicant. If the applicant accepts the offer of appointment, the appointment shall be deemed completed, subject to successful completion of any required pre-employment examination(s) or assessments. If the applicant does not accept the offer of appointment within the time period designated by the City Manager or his/her designee, the offer shall expire and the offer of appointment shall be deemed declined by the applicant. However, an offer of an appointment to a City position and acceptance of that appointment does not create a contract of employment between the City and appointee. City employment is not held by contract, but rather is governed by these Rules and Council resolutions.
8.1 General Requirements for Appointment
8.1.1 Pre-Employment Screenings
As part of the pre-employment procedure, applicants may be required to supply references and submit to a thorough background check, including LiveScan fingerprinting. Safety employees shall be subject to investigation in accordance with Department of Justice and/or Police Officer Standards and Training requirements. In the case of employees handling money or other valuables in the course of their duties, a credit check may be done in accordance with applicable law.
All offers for appointment to a position in the Competitive Service shall be contingent upon the appointee passing appropriate medical and/or psychological examination and testing to determine whether the candidate can perform the essential functions of the job, with or without reasonable accommodation. Such pre-employment screenings may also include screening for illegal drug use. If the examination reveals that the appointee cannot perform the essential functions of the job, with or without reasonable accommodation, or that the person uses illegal drugs, the person may be disqualified from consideration for employment.
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City of Tracy Personnel Rules and Regulations 27
If a candidate is disqualified from appointment to a position for failing to meet the medical and psychological standards for the job class, the candidate may file a written request to review the disqualification. Such request must be submitted to the Human Resources Director no later than five (5) working days after the postmarked date of the notification or disqualification. The candidate may submit medical evidence supporting his/her claim that he/she should not have been disqualified. Submittals shall be accepted for a period of fifteen days, commencing with the date of notification of disqualification. In case of a genuine dispute, the City may require the candidate to be examined by a physician or medical evaluator of the City’s choice. Any such examination shall be paid for by the City. The City shall make the final determination based on this examination. If the disqualification is upheld, the candidate has no further right of appeal of the City’s determination.
8.2 Applicable Pay Upon Employment
Those appointed to a position in the City service shall be paid the designated rate of pay or salary for the class.
8.2.1 Pay for New Employees. Step “A” shall typically be paid upon initial employment into a five (5) step pay range. If the employee possesses exceptional training or experience, that employee may start at a step B with the approval of the Department Head. Appointments at any step greater than B require prior authorization from the City Manager.
8.2.2 Pay on Re-employment. Upon the appointment of an employee from a re- employment list as provided by Section 7.9.1 of these Rules, the employee shall receive not more than the salary step in the pay range the person received prior to layoff and the person’s step advance date shall be adjusted to credit City service since the most recent salary step advancement, but the employee shall not be credited for the period of separation from City employment. If the re-employment results from a reallocation of a position to a class having a lower maximum salary, the salary upon re-employment into the higher class shall be the employee’s present salary or the step in the pay range the employee received prior to the reallocation, whichever is higher, and there shall be no change in the employee’s step advance date.
8.2.3 Pay upon Rehire. Upon the rehire of a former employee into the same class as the employee occupied prior to separation, such a person shall receive the same salary step in the pay range for the class as was received prior to separation. If rehired into a related lower class, credit shall be given for prior service in determining the salary step for employment in the lower class. If rehired into a higher class than previously occupied, the Rules regarding pay upon promotion shall apply. The employment date for a person rehired into a position shall be established based upon the date of such rehire.
8.2.4 Pay upon Reinstatement. Upon the reinstatement of an employee as provided by Section 7.9.2 of these Rules, the employee shall receive not more than the same salary step in the pay range the employee previously received prior to
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City of Tracy Personnel Rules and Regulations 28
termination or non-disciplinary demotion and new employment and step advance dates for the employee shall be established based upon the date of such reinstatement.
8.3 Types of Appointments
8.3.1 Limited Service Appointments . Such appointments may, but need not be , made from employment lists. Any person on an employment list who accepts a Limited Service appointment shall nevertheless retain his/her place on such employment list. Employees holding limited service appointments shall be compensated on a straight hourly basis for the actual number of hours worked, unless otherwise provided by the Human Resources Director. The rate of pay shall be determined by the City’s compensation plan and shall be within the salary range for the specified position.
Employees in limited services appointments shall work on a schedule determined by the City. These positions may be eliminated and/or replaced with full time positions as determined by the City. Employees holding limited services appointments are “at will” and may be terminated at any time with or without cause and without right of appeal.
No limited service employee shall be eligible for a salary adjustment except as provided in a Council approved compensation plan.
However, Department Heads may make recommendation to the City Manager salary adjustments at an earlier date if circumstances warrant such adjustment.
For the purpose of calculating City service time, part-time hours worked may be converted to equivalent full-time hours.
8.3.2 Provisional Appointments. All Department Heads and other appointing authorities shall, whenever possible, notify the Human Resources Director of impending or anticipated vacancies in their departments sufficiently in advance so as to allow for the establishment of an appropriate employment list.
However, when the demands of the service are such that it is not practicable to give such notification and when no employment list exists or existing lists are insufficient and if it is not practicable to delay appointment until a new employment list can be prepared and certified, the Department Head may, with the approval of the Human Resources Director, make a provisional appointment to a regular position. As soon as practicable after a provisional appointment has been made, the Human Resources Director shall cause an examination to be prepared, and all positions filled provisionally shall be filled by an appointment from an employment list as soon as feasible.
Persons holding provisional appointments are “at wi ll” and may be terminated from those provisional appointments at any time with or without cause and without right of appeal. However, if such employee has attained permanent status in a different position within City service, the employee’s provisional appointment has been terminated, the employee may revert back to the previously-held position.
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City of Tracy Personnel Rules and Regulations 29
8.3.3 Emergency Appointments. To meet the immediate requirements of an emergency condition, such as major fire, flood, earthquake, or other public calamity that threatens public life or property, the City Manager may employ such persons as may be needed for the duration of the emergency without regard to the personnel ordinance, these Rules, or other rules and regulations affecting appointments. Such employees serve at the will of the City Manager and may be dismissed with or without cause and without any right of appeal.
8.4 Probationary Period.
Any person appointed to a position in the Competitive Service, except for the positions listed below, shall be placed on probation for a period of six (6) months unless otherwise specified in a Memoranda of Understanding or other Council approved resolution. The probationary period for appointments to Police Communications Operator, Fresh Water Treatment Plant Operator, Waste Water Treatment Plant Operator, and Fire Engineer shall be for one (1) year and the probationary period for entry level class of Police Officer shall be for eighteen (18) months. The probationary period for all promoted employees shall be six (6) months.
With the approval of the Human Resources Director and upon written notice to the probationer, the probationary period may be extended up to six (6) months for those on a six-month probation period and up to one (1) year for any appointments to a Peace Officer. The probationary period shall be considered a part of the recruitment, examination and selection process and shall not include the time served under any limited service or provisional appointment, but shall date from the time of appointment to a regular position after certification. Leaves of absence or assignment out of the class totaling more than thirty (30) calendar days, for any reason, shall not be counted toward completion of the probationary period. During the probation period, the employee may be rejected by the Department Head in consultation with the Human Resources Director at any time without cause and without right of appeal or hearing.
8.5 Promotion of an Employee.
The appointment of any employee to a position in a class which has a higher maximum salary than the employee’s present position constitutes a promotion. Such an appointment to a position in the Competitive Service shall be made from an employment list established for the class with the higher maximum salary. If no appropriate employment list exists, then a provisional appointment may be made as provided by Section 8.3.2 of these Rules.
8.5.1 Applicable Pay Following Promotion. In the case of the promotion of any employee in the City service, such employee shall be entitled to receive the rate of compensation in the entrance step of the pay range for the class to which the employee has been promoted. In cases of promotion where the pay range overlaps, the employee shall be placed at such step in the pay range of the higher class as to provide at least five percent (5%) more basic salary than the employee receives in the lower class. Provided, however, that the application of this provision does not exceed the highest salary step in the authorized pay range for the higher class. The City Manager may authorize an
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City of Tracy Personnel Rules and Regulations 30
appointment to a position at any higher salary step in the pay range upon the recommendation by the Department Head, as outlined in 8.2.1 (Pay for New Employees). Effective on the date of the promotion, a new salary evaluation date shall be established for purposes of eligibility for consideration for future salary step advances within the pay range of the higher class. In the event the promotion occurs on the employee’s salary evaluation date, such employee shall first receive any within-range increase to which the employee is otherwise entitled in the lower class, and then the promotional salary adjustment as provided above.
8.5.2 Status of Employee Following Promotion. When a promoted employee (excluding at will employees) successfully completes the probationary period for a class he/she then gains permanent status in the new class and gives up permanent status in the former class. Any employee who does not successfully complete the probationary period in the promoted class, may return to the position and status held prior to promotion providing there is a vacancy, unless the reason for rejecting the employee during the probationary period from a position to which promoted would have been sufficient to cause dismissal from the former position as well. If no vacancy exists, the employee will be placed number one on the re-employment list.
8.6 Transfer of an Employee.
A Department Head may, in consultation with the Human Resource Director, at any time and for any reason, transfer an employee from one position to another position in the same or comparable classification with the same or comparable qualifications and without loss of compensation. If such transfer involves a change from one department to another, both Department Heads should be consulted before the action shall be considered effective. An appropriate personnel action form shall be completed and shall include the effective date of the transfer. Whenever possible, an employee being considered for transfer shall be notified within a reasonable period in advance of the effective date of such contemplated transfer and his/her wishes with respect to this action shall be taken into account to whatever extent practicable, consistent with the interest of efficient operations of the departments concerned.
8.61 Applicable Pay Rates Following Transfer. In the case of the transfer of any employee from one position to another in the same class or to another class to which the same pay range is applicable, the employee shall remain at the same salary step and shall retain the salary same evaluation date.
8.62 Status of Employee Following Transfer. A transfer of a permanent employee from a position in one class in the Competitive Service to a position in another Competitive Service class having related duties and responsibilities and the same maximum salary shall be made only upon written approval of the Human Resources Director that the employee possesses the qualifications for employment in the new class. In such case, no further competitive examination is required and the employee shall assume permanent status in the class to which assigned. However, an employee currently serving a probationary period shall not be transferred to a position in another class for
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City of Tracy Personnel Rules and Regulations 31
which an employment list exists, unless directed by the Human Resources Director. In such case, the employee shall start a new probationary period effective on the date of the transfer.
8.7 Voluntary Transfers
Employees who desire a transfer may submit a request for voluntary transfer to their Department Head for consideration. The Department Head may deny the transfer request in his/her sole discretion. If an employee voluntarily transfers to another position in the same or comparable classification and is not successful, the employee may, at the discretion of the Department Head(s), return to his/her former position if that position has not been filled. The employee’s salary evaluation date shall remain the same as it was before the transfer.
8.8 Qualified Disabled Employees
The City may initiate a transfer of a qualified disabled employee to another position as a reasonable accommodation for the employee’s disability. Such transfers may have priority over any candidates on an existing eligibility list.
8.9 Demotion of an Employee
An employee may be demoted at his/her request, as a result of reduction in force, for disciplinary reasons, or for other cause. In all cases, the Department Heads concerned, in consultation with the Human Resources Director, shall approve the demotion and notify the employee in writing.
A demoted employee shall be required to serve a probationary period in the lower classification unless the lower classification is in the same class series or the employee completed probation in the lower classification. In the event the demoted employee does not pass probation, the employee shall be terminated from employment without right of appeal. The effective date of a demotion shall establish a new salary evaluation date.
An employee may request a voluntary demotion to a lower classification in which the employee meets the minimum qualifications. The request shall be in writing and submitted to the Department Head for consideration. The Department Head may approve or deny the demotion request in his/her sole discretion. If approved, the employee shall sign an acknowledgement of voluntary demotion and reduction of salary and benefits.
If an employee voluntarily demotes to another position in the same or comparable classification, the employee’s salary evaluation date shall remain the same as it was prior to the demotion.
8.9.1 Applicable Pay Following Demotion. An employee who is demoted to a class in the City service with a lower maximum salary shall be assigned to a salary step in the lower pay range according to the following rules:
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City of Tracy Personnel Rules and Regulations 32
8.9.2 Disciplinary Demotion. If a disciplinary demotion, any designated step in the lower pay range which is at least one (1) step less than the dollar amount received in the pay range for the class from which demoted. A new salary evaluation date shall be established as of the effective date of demotion.
8.9.3 Non-Disciplinary Demotion. If a non-disciplinary demotion, that salary step in the pay range for the lower class which the employee would have received had the employee’s service in the class from which demoted been continuous in said lower class. The employee’s previous salary evaluation date shall be retained.
8.9.4 Status of Employee Following Demotion. If the demotion involves an emp
loyee with permanent status in the Competitive Service, then the demoted employee shall assume permanent status in the class to which demoted and give up permanent status in the class from which demoted only if the findings of the Human Resources Director are that the employee meets the qualifications of the class to which demoted. If the employee does not have permanent status in the higher class or in a class comparable to the class to which the employee is demoted, the employee shall serve a new probationary period in the demoted position.
8.10 Rec
lassification of an Employee’s Position
An employee may be reclassified without competitive exam if the Human Resources Director determines the employee has met the minimum qualifications of the new classification and has performed the duties of the reclassified position for a considerable length of time. Reclassification shall not be used for the purpose of avoiding competitive selection processes.
The employee’s salary evaluation date shall not change as a result of the reclassification. When a position is reclassified from one existing class to another existing or new class under Section 3.4. of these Rules, the following shall apply to the incumbent:
8.10.1 Applicable Pay Following Reclassification. If a position is reclassified to a class having the same maximum salary, the salary and the salary evaluation date of the incumbent shall not change. If a position is reclassified to a class which has a higher maximum salary, the salary shall be adjusted in accordance with Sections 4.2.1.7.4 and 8.5.1 of these Rules. If a position is reclassified to a class with a lower pay range, the salary of the incumbent shall not change. If such salary is greater than the maximum salary of the lower class, the incumbent be assigned a “Y” rate designation as provided in Section 4.2.1.7.2 of these Rules.
8.10.2 Status of Incumbents in Reclassified Positions. Whenever reclassification occurs, an employee occupying the position may be retained in the position after it has been reclassified without further competitive examination, provided that the Human Resources Director in consultation with the Department Head, finds that:
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City of Tracy Personnel Rules and Regulations 33
8.10.2.1 The reclassification results from an official recognition of a change in duties and responsibilities which has already occurred.
8.10.2.2 The addition of duties and responsibilities (justifying allocation to a different classification) was not the result of planned management action.
8.10.2.3 The performance of the duties and responsibilities of the incumbent has been satisfactory.
8.10.2.4 The incumbent possesses the knowledge, skills, and abilities of the qualifications of the different class.
8.10.2.5 The incumbent has permanent status in the class to which the position was formerly allocated.
8.10.3 Retention of Status. No person having permanent status, who, in addition to regular duties, is given additional or new duties by a Department Head shall lose permanent status in the class to which the employee held prior to the assignment of such additional or new duties.
9. OUTSIDE EMPLOYMENT AND USE OF CITY PROPERTY
9.1 Prohibited Activity
Full-time employees are expected to devote full time to assigned duties as a City employee. An employee shall not engage in any employment, activity or enterprise which is inconsistent, incompatible or in conflict with City job duties, functions or responsibilities, nor shall an employee engage in any outside activity which will directly or indirectly contribute to the lessening of effectiveness as a City employee.
No employee shall engage in any type of activity relating to an employee organization during such time an employee is on duty, except as expressly provided in these Employer-Employee Relations Rules, Memorandum of Understanding, or by law.
9.2 Outside Employment
Employees may not engage in any employment or activities that create a conflict of interest, is unethical, or otherwise interferes with their City employment.
A City employee shall not perform any work, service, or consultation for compensation outside of City employment where any part of his/her efforts will be subject to approval by any officer, employee, board, or commission of the City of Tracy, unless approved in the manner prescribed by these Rules.
Employees occupying competitive services positions, who hold or wish to hold jobs outside their normal City employment must make a request to engage in outside employment and submit the request to the Human Resources Director or his/her designee. Department Heads who wish to engage in outside employment shall submit
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City of Tracy Personnel Rules and Regulations 34
such requests to the City Manager. Outside employment shall not be permitted if it conflicts in any manner with the employee’s duties and responsibilities with the City or is prohibited by law.
In making a determination as to whether an activity creates a conflict or ethical question, the Human Resources Director shall consider, among other pertinent factors, whether the activity involves:
a. Receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act that the employee would be required or expected to render in the regular course of City employment;
b. The performance of an act or work which may later be directly or indirectly subject to the control, inspection, review, audit or enforcement by such employee or other City employees;
c. Conditions or factors which might, directly or indirectly, lessen the efficiency of the employee in regular City employment or conditions in which there is a substantial danger of injury or illness to the employee;
d. The use for private gain or advantage of City time, facilities, equipment and supplies, prestige, influence, or information obtained through one’s City office or employment. No City-owned facilities, equipment or supplies, including autos, trucks, instruments, tools, supplies, machines, badges, identification cards, or other items which are the property of the City shall be used by an employee for personal or non-City business reasons except upon prior written approval of the City Manager;
e. The solicitation of future employment with a business or individual doing business with the City over which the employee has some control or influence in the course of performing official duties.
9.3 Authorization of Outside Employment
Notice of authorization of outside employment shall be in writing to the employee involved, with a copy placed in the employee’s personnel file. Denial of authorization of outside employment determination may be subject to the Grievance Procedure as set forth in Section 13 of these Rules.
9.4 Violations and Penalties
Any violation of these provisions regarding outside employment shall constitute grounds for disciplinary action up to and including termination.
10. PERFORMANCE EVALUATIONS
10.1 Frequency
Department Heads or their designees shall make a report of performance of each employee after completion of a probationary period and annually thereafter. Unless
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City of Tracy Personnel Rules and Regulations 35
changed in accordance with these Rules, these evaluation dates shall constitute the employee’s salary evaluation date for purposes of eligibility for a merit salary increase. The employee shall continue to receive performance evaluations on said date even after the employee has reached the top of the applicable salary range. In addition, a performance evaluation may be prepared at any other time at the discretion of the employee’s supervisor.
The employee shall receive a copy of the performance evaluation and shall have an opportunity to discuss said evaluation with his/her supervisor. The employee may also submit written comments or rebuttal to the evaluation which shall be part of the complete document to be placed in the employee’s personnel file
10.2 Personnel Files
The City shall maintain an official personnel file for each of its employees. Personnel files contain such personnel records as may be deemed necessary for the administration of labor and employment relations in the City.
Personnel files shall be made available to employees for inspection within a reasonable time after an employee’s request and without loss of pay, provided that employees shall make arrangements with their supervisor if the inspection occurs on duty.
The City may preclude inspection of certain information in accordance with the law, such as background and other pre-employment information and materials relating to confidential investigations.
The City shall maintain separate files for injury reports, confidential medical records, grievances, discrimination complaints and other matters in accordance with applicable laws.
11. DISCIPLINARY ACTION
11.1 Authority to Discipline
Employees who hold non-probationary appointments, and are not at will, shall not be disciplined without good cause. At will and probationary employees are subject to dismissal without cause. For purposes of this section, disciplinary action shall be defined to include one or more of the following: oral warnings, written reprimands, suspensions, demotions, reductions in pay and dismissal. Oral and written reprimands may be initiated at the supervisor/division manager level. Disciplinary action more serious than a written reprimand must be initiated at the Department Head level in consultation with the Human Resources Director. The Human Resources Director shall be notified of any contemplated disciplinary action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Human Resources Director may be notified as soon as possible subsequent to the time the action is taken.
11.2 Grounds for Disciplinary Action
Good cause for disciplinary action exists not only when there has been an improper act or omission by an employee in the employee’s official capacity, but when any conduct by an employee brings discredit to the City, affects the employee’s ability to perform his or her duties, causes other employees not to be able to perform their duties, or involves any improper use of the employee’s position for personal advantage or the
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advantage of others. Good cause may include non-disciplinary reasons such as, the employee’s unwillingness or inability, due to mental or physical disability, to perform the duties of the position for an indefinite period. The type of disciplinary action shall depend on the seriousness of the offense and the relevant employment history of the employee. Causes for disciplinary action against an employee may include, but shall not be limited to, the following:
11.2.1 Misstatements or omissions of fact in completion of the employment application or to secure appointment to a position with the City;
11.2.2 Furnishing knowingly false information in the course of the employee’s duties and responsibilities;
11.2.3 Inefficiency, incompetence, carelessness or negligence in the performance of duties;
11.2.4 Violation of safety rules;
11.2.5 Violation of any of the provisions of these personnel rules and regulations, department rules and regulations, City policies, ordinances or resolutions;
11.2.6 Inattention to duty;
11.2.7 Tardiness or overstaying lunch periods;
11.2.8 Being under the influence of an intoxicating beverage or non-prescription drug or prescription drugs not authorized by the employee’s physician, while on duty or on City property;
11.2.9 Disobedience to proper authority, refusal or failure to perform assigned work, to comply with a lawful order, or to accept a reasonable and proper assignment from an authorized supervisor;
11.2.10 Any violation of the City’s Discrimination or Harassment Policies;
11.2.11 Unauthorized soliciting on City property;
11.2.12 Unauthorized absence without leave; failure to report after leave of absence has expired or after a requested leave of absence has been disapproved, revoked or canceled; or any other unauthorized absence from work;
11.2.13 Conviction of a felony, or a misdemeanor involving moral turpitude, or a violation of a federal, state or local law which negatively impacts the employee’s ability to perform his/her job or brings discredit to the City. (For purposes of this section, a misdemeanor conviction does not include a conviction based on a plea of nolo contrendere);
11.2.14 Discourteous or offensive treatment of the p ublic or other employees;
11.2.15 Falsifying any City document or record;
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11.2.16 Misuse of City property; improper or unauthorized use of City equipment or supplies; damage to or negligence in the care and handling of City property;
11.2.17 Fighting, assault and/or battery;
11.2.18 Working overtime without authorization;
11.2.19 Theft or sabotage of City property;
11.2.20 Sleeping on the job, except as specifically authorized for twenty-four (24) hour duty personnel;
11.2.21 Accepting bribes or kickbacks;
11.2.22 Gambling on the job;
11.2.23 Engaging in outside employment which conflicts with an employee’s responsibilities;
11.2.24 Intimidation or interference with the rights of any employee;
11.2.25 Outside work or any other activity or conduct which creates a conflict of interest with City work, which causes discredit to the City, negatively impacts the effective performance of City functions or is not compatible with good public service or interests of the City service;
11.2.26 Abusive or intemperate language toward or in the presence of others in the work place;
11.2.27 Failure to obtain and/or maintain minimum qualifications for a position, including licenses or certificates;
11.2.28 Any other conduct of equal gravity to the reasons enumerated above as determined by the City.
11.3 Types of Discipline
Any authorized supervisory employee may propose disciplinary action for cause against an employee under his/supervision in accordance with the procedures outlined in these Rules. In general, the City shall adhere to the principles of progressive discipline.
11.3.1 Oral Reprimand - Verbally notifies the employee that his/her performance or behavior must be improved. Oral warnings are generally given by supervisors when counseling has failed to produce the desired changes. The warning defines the areas in which improvement is required, sets up goals leading to this improvement, and informs the employee that failure to improve will result in more serious action. Although the supervisor makes a note of the content of the warning or sends a confirming memo to the employee, no record is placed in the employee’s permanent personnel file unless subsequent action is necessary. Oral reprimands are not subject to the disciplinary appeal procedure set forth in these Rules (except as provided by law for police
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officers and firefighters).
11.3.2 Written Reprimand - Official notification to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if said cause is not corrected. Written reprimands should be given in consultation with the Human Resources Director. Written reprimands shall be made a part of the employee’s official personnel record and may be considered as pertinent evidence or information in any hearing.
Written reprimands are not subject to the disciplinary appeal procedure set forth in these Rules (except as provided by law for police officers and firefighters).
11.3.3 Suspension without pay - Shall be a temporary separation from City service.
Certain suspensions are subject to the disciplinary appeal procedure set forth in these Rules.
11.3.4 Reduction in Step within range as a disciplinary measure - Is the withdrawal of step advancements granted for merit, efficiency, and length of service.
Reduction in pay shall become effective on the effective date of the disciplinary action. Reduction may be made on permanent or temporary basis.
Certain reductions of pay are subject to the disciplinary appeal procedure set forth in these Rules.
11.3.5 Demotion without consent - Shall be a reduction in classification to a classification having a lower maximum salary with reduction in salary as provided in Section 8.9.2 of these Rules. Demotion without consent may be made to the classification having the lowest maximum salary in the classification series or a classification series comparable to that within which the employee’s position is located. Demotion may be made on a permanent or temporary basis. Demotions are subject to the disciplinary appeal procedure set forth in these Rules.
11.3.6 Dismissal - The termination of an employee from the City service. Dismissals are subject to the disciplinary appeal procedure set forth in these Rules.
11.4 Procedures for Disciplinary Action
In the absence of a process in a Memoranda of Understanding, employees shall be governed by the following provisions:
Written Notice/Pre-Discipline Meeting/Final Action
The City shall issue a written notice of discipline, describing the intended discipline, the basis for the discipline, and attaching any documents upon which the discipline is based. The City shall provide the employee an opportunity to respond to the disciplinary action, either orally or in writing, within 10 calendar days of such written notice of discipline. If the employee chooses to respond orally, the Human Resources Director shall designate a City official who shall convene a meeting to hear the employee’s response. If the employee chooses to respond in writing, the written response shall be logged in the employee’s personnel file. No further appeal shall be permitted. In the case of a written reprimand, the employee may respond by
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submitting a written rebuttal to be logged in the employee’s personnel file, but no oral response or appeal is permitted.
For discipline that is greater in severity than a suspension of five (5) working days, (or the equivalent reduction in pay) the City shall issue a notice of intent to impose discipline, describing the intended discipline, the basis for the discipline and attaching any documents upon which the discipline is based. The notice shall state that the employee has a right to respond, either orally or in writing, before discipline is imposed. The City shall set the pre-discipline meeting approximately one (1) week from the date of the notice, unless a different time and date is set by mutual agreement.
For discipline that is greater in severity than a suspension of five (5) working days, (or the equivalent reduction in pay) the Human Resources Director shall designate a City official who is disinterested in the matter who shall convene a meeting to review the employee’s response before imposing discipline. The employee shall be entitled to a representative of his/her choice; provided, however, that the inability of a particular representative to attend the meeting shall not be cause for requiring a continuance of the meeting. At the meeting, the employee shall be provided the opportunity to respond to the charges and to present any new information for consideration by the City.
At some reasonable time, but no longer than thirty (30) calendar days, after the employee has been provided an opportunity to respond to the charges, the City shall issue a final notice of discipline. The notice shall notify the employee of his/her right of appeal.
12. DISCIPLINARY APPEAL PROCESS
12.1 Employee’s Right to Representation During Appeal Process
At any step in the disciplinary appeal procedure, the employee concerned may choose to represent himself/herself or may be represented by that certified employee organization which has been recognized by the City for that representation unit to which the employee’s classification is assigned, or by legal counsel. The employee concerned shall be personally present at all stages of the disciplinary appeal process unless that employee specifically waives the right in writing.
12.2 Appeal Process (for discipline greater than 5 day suspension or reduction in pay) For discipline that is greater in severity than a suspension of five (5) working days (or equivalent reduction in pay), employees shall have the right to appeal from the final notice of discipline. The notice of appeal must be received within seven (7) calendar days from the date of the final notice of discipline, or the right to proceed to the next appeal level under these Rules shall be forfeited and the discipline shall become final.
12.2.1 Hearing Officer Selection - The appeal shall be heard by an independent hearing officer. The hearing officer shall be selected from among a list of names not to exceed ten (10) names provided by the California State Mediation and Conciliation Service, or from a similar body mutually agreed to between the parties. After a toss of a coin to decide which party shall strike first, the
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representative of the City and the employee (or the employee’s representative) shall alternately strike one name from the list until one name remains and such person shall act as the hearing officer. This procedure shall be followed until there is an available arbitrator.
12.2.2 Costs - The costs of the hearing officer shall be borne by the City unless the employee’s union has brought the appeal on the employee’s behalf, in which case the costs of the hearing officer will be shared equally by the City and the union. Either party may re quest that the hearing be transcribed, and the requesting party shall bear the expense of the transcript and court reporter’s fees. If the transcript is jointly requested by both parties, both parties will share equally in the expense of the tra nscript and court reporter’s fees.
12.2.3 Hearing Officer Authority - The hearing officer shall have the authority to convene the hearing, receive evidence through testimony and documents and make findings of fact and conclusions about the discipline. Within sixty days (60) of the close of the hearing, the hearing officer shall serve a recommended decision on the City Manager and the employee. The hearing officer’s decision must contain detailed findings of fact relating to the disciplinary charges. The decision may include a recommendation regarding outcome, but the final decision regarding discipline rests with the City Manager. After consideration of the hearing officer’s recommended decision, the City Manager shall issue a final decision in writing. The City Manager’s decision may be reviewed by administrative writ of mandamus within the time frames established by California law.
12.2.4 Waiver of Steps or Time Limits. Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived upon consent of all parties involved.
13. GRIEVANCE PROCEDURE FOR NON-DISCIPLINARY MATTERS
In the absence of an applicable Memorandum of Understanding, this grievance procedure shall apply. This procedure is intended to ensure that every reasonable effort will be made to resolve problems as near as possible to the point of origin.
13.1 Definition of “Grievance”
Subject to the exclusions listed in this Rule, a grievance is defined as any dispute involving the interpretation, application, or alleged violation of 1) the specific express terms of a current Memorandum of Understanding (MOU), between the City and a recognized employee organization, or 2) a specific express term of these Rules.
13.2 Eligibility to File a Grievance
Only full-time employees in regular non-probationary appointments who are adversely affected by an act or omission of the City are eligible to file a grievance.
13.3 Exclusion from the Grievance Procedure
The following matters are excluded from the definition of a “grievance”:
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13.3.1 Requests for changes in wages, hours, or working conditions;
13.3.2 The content of employee evaluations or performance reviews, except those that result in a loss of benefits to the employee;
13.3.3 Challenges to reclassification, layoff, transfer, denial of reinstatement;
13.3.4 Challenges to examinations or appointment to positions;
13.3.5 Challenges to this grievance procedure.
13.3.6 Disciplinary Actions
13.4 Group Grievances
In the event more than one employee is directly involved with an issue, they may, at any step in the grievance procedure, name one of their number to carry the grievance through the procedure as a group grievance and be represented by that employee organization which has been recognized by the City for that representation unit to which their classification(s) is/are assigned. In a group grievance, that named employee directly concerned shall be personally present at all stages.
13.5 Procedure
It is the City’s intent to deal with and settle complaints and grievances informally and at the nearest practical organizational level and as promptly and fairly as possible.
Whenever feasible, complaints and grievances will be handled during the regularly scheduled working hours of the parties involved.
The grievance procedure shall consist of the following steps:
13.5.1 Informal Grievance Procedure
A grievance must be filed within thirty (30) calendar days of the act(s) or omission(s) giving rise to the grievance. Failure to file the grievance within this time period shall result in denial of the grievance as null and void. Within thirty (30) working days of the act(s) or omission(s) giving rise to the grievance, the grievant must discuss the grievance with his/her immediate supervisor, who shall investigate and attempt to
resolve the matter. The supervisor shall give the grievant an oral or written reply within ten (10) working days after the discussion. If the grievant is not satisfied with the reply, he/she may proceed to the Formal Grievance Procedure.
13.5.2 Formal Grievance Procedure
13.5.2.1 Level 1 Review
Any grievance not resolved by the Informal Grievance Procedure, may be submitted in writing by the grievant to his/her supervisor along with a copy to the Human Resources Director, no later than ten (10) working days after the date of the supervisor’s written reply. A
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grievance may be submitted directly to the Human Resources Director or, if the grievance started at a level above the supervisor or Department Head, the grievance may be submitted at the higher level.
The written grievance must contain the following information:
1. Name of grievant and job title;
2. Department/Section in which grievant works;
3. The specific act or omission that gave rise to the alleged violation, misinterpretation, or misapplication and the date or dates of the alleged act or omission;
4. The specific provision(s) of the Memorandum of
Understanding, City Policy or Personnel Rules alleged to have been violated, misinterpreted, or misapplied;
5. A list of the documents, witnesses or other evidence that support the grievance;
6. Desired solution or remedy;
7. Name of the grievant’s representative, if any;
8. Signature of the grievant or representative and date signed.
Within ten (10) working days thereafter, the supervisor shall schedule a meeting with the grievant to work at resolving the grievance. The supervisor shall give the grievant a written reply within ten (10) working days after the meeting and shall file a copy with the Human Resources Director. If the grievant is not satisfied with the response, he/she may proceed to Level 2.
13.5.2.2. Level 2 - Department Head Review
Any grievance not resolved at Level 1 may be submitted to the Department Head no later than ten (10) working days after the date of the supervisor’s written reply. The grievant shall provide the Department Head with a copy of the Level 1 response. Within ten
(10) working days thereafter, the Department Head shall schedule a meeting with the grievant to work at resolving the grievance. The Department Head shall give the grievant a written reply within ten (10) working days after the meeting and shall file a copy with the Human Resources Director. If the grievant is not satisfied with the response, he/she may proceed to Level 3.
13.5.2.3. Level 3 – City Manager Review
Any grievance not resolved at Level 2 may be submitted to the City Manager no later than ten (10) working days after the date of the Department Head’s written reply. The grievant shall provide the City Manager with a copy of the Level 1 and Level 2 responses. Within ten (10) working days after receipt of the
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grievance and the Level 1 and Level 2 responses, the City Manager or his/her designee, at his/her discretion, may conduct an informal hearing involving the parties to the dispute. The City Manager’s decision shall be final and binding.
13.6 Representation
The grievant is entitled to representation of his/her choice at any point in the grievance procedure. If the representative is a fellow employee, that employee shall receive time off from his/her work assignment for the time of the grievance meeting or hearing plus reasonable travel time. The grievant must inform the Human Resources Director whether he/she will be represented at any meeting regarding the grievance, along with the identity of the representative, at least forty-eight (48) hours prior to the grievance meeting.
13.7 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or level of procedure specified in this section may be waived upon consent of all parties involved.
13.8 Waiver of Grievance
Failure by the grievant to appeal his/her grievance to the next level within the specified time limits of this rule shall constitute a waiver of the right to pursue the grievance further, unless the City has granted an extension of time to a definite date.
Failure by the City to respond to the grievance within any of the specified time lines shall entitle the grievant to appeal to the next level of review.
Additionally, failure on the part of an employee or his representative to appear for any scheduled meeting without notification may, in the City’s discretion, result in the City’s denial of the grievance.
13.9 No Interruption of Work
During the determination of a grievance herein, the employees involved in pursuing the grievance are required to continue their normal work schedule, unless the Human Resources Director directs otherwise.
13.10 No Retaliation
Employees shall not be penalized or retaliated against in any way for using the grievance procedures, or testifying as a witness in a grievance proceeding.
14. LAYOFF, DISPLACEMENT AND REEMPLOYMENT
14.1 Notice
Should the City Manager determine that reductions in force are necessary due to lack of work, reorganization or for financial reasons, layoffs may be directed. In the event of layoffs, the City shall provide affected employees with as much notice as possible.
14.2 Layoff Order Determination
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In determining the order of layoffs, the following rules shall be followed:
No permanent employee shall be laid-off while there are temporary employees serving in the same or allied class or position in the City service unless that employee has been offered the temporary work. Layoffs shall be made in accordance with California Government code §45100 and the criteria set forth below:
(a) Layoffs shall be by job classification, according to reverse order of seniority, as defined by total City service.
(b) The employee to be laid-off may displace the least senior employee in a lateral or lower classification in which he/she previously held permanent status, provided the displaced employee has less total City service. Total City service means as a regular full-time employee.
(c) An employee may demote or transfer to a vacant position in a classification for which he/she possesses the necessary skills, as determined by the minimum qualifications and job specifications for the position.
(d) The name of each laid-off employee shall be entered, in order of seniority, on a Reemployment List for twenty-four (24) months.
(e) A former employee appointed from a Reemployment List shall have restored all rights accrued prior to being laid-off, such as sick leave, vacation credits, and credit for years of service. However, such recalled employees shall not be eligible for benefits for which he/she received compensation at the time of, or subsequent to, the date he/she was laid-off.
14.3 Bumping
“Bumping” means the displacement of an employee from his/her position by an employee in a higher classification who formerly held the same position and has received notice of layoff.
The laid -off employee must be able to perform the essential job functions of the former position and possess the minimum qualifications of the position as specified by the current job classification specification.
The City shall notify laid -off employees in writing of the position and classification into which he/she may bump, if any. Following such notification, the employee must notify the Human Resources Director in writing of his/her intent to exercise the bumping rights within seven (7) calendar days of the date of the written notice.
Failure to provide such notification shall be deemed a waiver of bumping rights by the employee.
Where there i s more than one employee in a position available for bumping, the determination of which employee will be bumped, if any, will be based on seniority.
Any displaced employee shall be considered as laid-off for the same reason as the person who displaced th em and shall in the same manner be eligible to displace
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another employee based on the criteria specified above.
14.4 Layoff List Preparation Procedure
When a Competitive Service position within a classification is abolished, the following general procedure shall be followed:
14.4.1 Limited Service employees will be released before an employee in the same classification with probationary or permanent status.
14.4.2 The Human Resources Director shall prepare a layoff list of all those Competitive Service employees (including those who are on Leave of Absence) and vacancies within the classification in which a reduction in the number of positions is to occur.
14.5 Separations
All employees who separate from City service, that is, whose employment with t he City terminates through separation for cause, layoff, resignation, or retirement must:
14.5.1 Return all City property to the Human Resources Direc tor or the immediate supervisor prior to receiving the final paycheck.
14.5.2 Clear any existing financial obligations with the City.
14.5.3 If applicable, file a Form 700 with the City Clerk.
In addition, employees who resign or retire shall adhere to the following procedures before they will be deemed to have separated in good standing:
14.5.4 Submit a written notification stating the intent to res ign or retire and the proposed effective date to their immediate supervisor.
14.5.4 Provide a minimum notice of two weeks. The City encourages employees who become aware of their pending separation from the C ity to let the Human Resources Director know as far in advance as possible.
14.6 Reemployment from Lay-off
Employees who were laid -off may be reinstated within twenty-four (24) months to their former position, if vacant, or to a vacant position in the same classification, without being subject to the application requirement.
15. WORK WEEK AND ATTENDANCE
Department Heads shall assign daily hours of work (or shifts) for employees within departments, as required to meet operational requirements, or the employees’ applicable Memorandum of Understanding. The Department Head may change an employee’s work period, week, or hours at any time to meet the requirements of the City. Changes shall be made in accordance with applicable Memorandum of Understanding.
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Any foreseeable absence or deviation from regular working hours desired by an employee shall be cleared in advance through the employee’s supervisor, and such absences shall be noted on the employee’s time sheet.
15.1 Work We
ek
Unless otherwise designated by the Department Head, the work week for City employees on a 5/8 schedule (eight hours a day for five days) shall be from Sunday through the following Saturday; for City employees on a 9/80 schedule (nine hours Monday through Thursday, eight hours alternate Friday, and alternate Fridays closed) shall be Friday halfway through the work day through the following Friday halfway through the work day. These designated work weeks may be changed only as a result of major changes in operations, payroll procedures or as otherwise necessary in order to deliver services as efficiently and economically as possible. The work week for a 4/10 schedule and a 12 hour schedule will be designated by the Department Head.
15.2 Attendance
Employees are expected to report to work as scheduled, on time, and prepared to start work. Employees are also expected to remain at work for their entire work schedule, except when required to leave on authorized City business or some other authorized leave. All departments shall keep daily attendance records of employees, which shall be reported on the employee’s timesheet.
Employees who anticipate an absence from all or a portion of their regular work schedule and wish to request a form of accrued leave time or unpaid leave time should follow the procedures provided in these Rules or Memoranda of Understanding for the particular type of leave that they are requesting.
Employees who are unexpectedly unable to report for work as scheduled on any particular day must call their immediate supervisor no later than their scheduled time to begin work for that day, or as otherwise required by the Department. If the employee’s immediate supervisor is not available, then the employee must notify the Department Head or his/her designee. Employees shall inform their supervisor of the expected duration of any late arrival or absence. Employees who call later than their scheduled time to begin work for their assigned shift shall be deemed to have an unauthorized tardy or absence in violation of this attendance policy. Abuse or misrepresentation of any form of accrued or paid or unpaid leave time will be grounds for discipline.
Failure on the part of an employee, who is absent without notification or authorization, to return to duty within twenty-four (24) hours after a notice to return to duty has been delivered to their last known telephone number and/or address will constitute an automatic resignation effective as of the last day an employee worked. If, within ten (10) days of said notice, the employee can show good cause for the failure to return to duty, the Human Resources Director, in his/her discretion may, with approval of the City Manager, reverse the resignation. In the event that an employee’s absence is deemed an “automatic resignation” in accordance with this Rule, the employee shall have the same right to appeal afforded to employees who are terminated for cause under these Rules. However, an employee’s absence without notification or
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authorization for twenty-four (24) hours or more shall be deemed just cause for termination.
15.3 Meals and Rest Periods
Employees shall receive a thirty (30) to sixty (60) minute meal period that shall not be compensated, with the exception of safety personnel such as police officers and firefighters. During the meal period, the employee shall be relieved of duties. If the employee is authorized in advance and performs work during the meal period, the employee shall be compensated for such time. Meal periods may not be used to shorten the workday unless the employee obtains express prior approval from his/her supervisor.
Employees shall have a ten (10) minute rest period for each half of their shift, as scheduled by the supervisor. The rest period may be interrupted or cancelled if necessary to complete work and shall be compensated time. The rest periods shall not be combined or used to shorten the workday.
15.4 Timekeeping
All employees must sign and accurately record all hours worked and any leave taken on their timesheets. Employees must immediately report any errors on a timesheet that has already been submitted to their supervisor.
16. VACATION AND HOLIDAYS
16.1 Vacation Accrual
Unless otherwise specified in a Memorandum of Understanding or Council approved resolution, each full-time employee shall accrue vacation at the following rate for continuous service performed in pay status as follows:
Miscellaneous Employees
0 through 5 years of service: 96 hours per year of vacation 6 through 10 years of service: 136 hours per year of vacation 11 through 15 years of service: 176 hours per year of vacation 16 or more years of service: 192 hours per year of vacation
Sworn Police Employees
0 through 5 years of service: 96 hours per year (4 hours/pay period) 6 through 10 years of service: 144 hours per year (6 hours/pay period) 11 through 15 years of service: 160 hours per year (6.67 hours/pay period) 16 or more years of service: 8 additional hours per year up to a maximum of twenty-eight (28 days) or two hundred and twenty-
four (224) hours maximum annual accrual.
Sworn Fire Employees
(Employees on a forty (40) hour work week)
0 through 5 years of service: 96 hours per year
6 through 10 years of service: 136 hours per year
11 through 15 years of service: 176 hours per year
16 through 20 years of service 192 hours per year
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20 or more years of service: 8 additional hours per year
Sworn Fire Employees
(Employees on a fifty-six (56) hour work week)
0 through 5 years of service: 12 hours per month
6 through 10 years of service: 18 hours per month
11 through 15 years of service: 21 hours per month
16 through 20 years of service: 24 hours per month
20 or more years 1 additional hours/month
16.2 Use of Vacation
After completion of six (6) months of continuous service, an employee may take vacation leave at any time, subject to approval by the employee’s Department Head or his/her designee. Approvals shall be based upon work load, staffing coverage, seniority, timing of the request, and any other work-related factors appropriate for consideration by the Department Head. Vacation shall be taken in increments of one- quarter (.25) hour or more. The Department Head, with concurrence of the Human Resources Director, may authorize an employee to take vacation leave prior to completion of six (6) months of continuous service.
16.3 Effect of Sick Leave On Vacation Leave
In the event an employee becomes ill during a vacation period, such time shall not be charged as vacation leave if the following conditions are met:
16.3.1. Employee Sick Leave Requirements. The employee complies with the same notice requirements as required when the employee is not on leave, including notice to the employee’s supervisor no later than the start of the employee’s regular work shift. If the employee becomes ill after the start of the work
shift, then the employee must promptly provide notice on the same day the illness begins. Sick leave shall only be granted for those days on which notice is given; and
16.3.2 Return to work requirements. The employee, upon return to work, submits a doctor’s certificate for each day the employee was absent from work.
16.4 Compensation for City Work During Vacation Prohibited
No person shall be permitted to work for compensation for the City in any capacity, except compensation for mandated court appearance, call back or special duty assignments, during paid vacation time. Exceptions may be made for Reserve Firefighters.
16.5 Vacation Pay-Out Upon Termination
A regular or probationary employee whose employment with the City terminates shall be paid for that part of his/her vacation accumulation that remains unused at the time of termination. Payment for unused vacation shall be made at the rate of pay in effect for such employees at time of termination.
Unless otherwise provided by State Law, when termination is caused by the death of the employee, said pay for unused vacation shall be paid to the beneficiary the
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employee has designated. Such designation shall be in writing, signed by the employee and filed with the Human Resources Office. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.
16.6 Holidays
16.6.1 Authorized Holidays. Every full-time probationary and regular employee shall be entitled to the following paid holidays each calendar year and such other days as may be designated by action of the City Council:
a. January 1 (New Year’s Day)
b. The third Monday in January (Martin Luther King Day) c. The third Monday in February (Presidents’ Day)
d. The last Monday in May (Memorial Day)
e. June 19 (Juneteenth)
f. July 4 (Independence Day)
g. The first Monday in September (Labor Day)
h. November 11 (Veteran’s Day)
i. Thanksgiving Day
j. The Friday after Thanksgiving Day
k. December 24 (Christmas Eve)
l. December 25 (Christmas Day)
16.6.2 Holidays Falling During Vacation. When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as using vacation for that day. The employee’s compensation for that day shall be holiday pay and he/she shall not be paid or charged for vacation, except for the additional hour(s) for those employees on a 9/80, 4/10, or other schedule.
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16.6.3 Employee absent from work immediately preceding a holiday. Employees who are absent from work on the work day immediately preceding a holiday due to unpaid leave of any form shall not receive reimbursement for the missed holiday.
17. SICK LEAVE
Sick leave shall be requested only in cases of actual personal sickness or disability, medical or dental treatment, or as authorized in Section 17.6. The employee requesting sick leave shall notify his/her supervisor or Department Head prior to the start of the employee’s regular work shift. Sick leave with pay shall not be allowed unless the employee has met and complied with the provisions of these Rules and Regulations and his/her Department Head has approved such payment. Accrued and unused sick leave shall not be paid out when the employee separates from City employment.
17.1 Certification
The Department Head may request, in his/her discretion, that the employee produce a certificate issued by a licensed physician or other satisfactory proof of illness before sick leave is granted. The Department Head may also direct an employee to attend a physical examination by a City-retained licensed physician, at City expense, to ascertain whether the employee is fit to perform the duties of his/her position.
17.2 Prohibited Activity
Any employee who is absent from work on a leave as provided in Section 17 or who is absent after requesting such leave shall not engage in work or other activities at any time which would be in conflict with the inability to report for work and to perform the duties assigned.
17.3 Eligibility
Regular and probationary employees shall be eligible to accrue sick leave upon commencement of City employment. Limited service or provisional employees who have worked more than 999 hours in a fiscal year shall be eligible to accrue sick leave after their work has exceeded 999 hours in a fiscal year unless otherwise expressly provided in writing.
17.4 Accrual
Sick leave shall be accrued at the rate of eight (8) hours per calendar month for each calendar month that an employee has worked regularly scheduled hours and/or has been on an authorized paid leave.
17.5 Accumulation
Accrued sick leave may be accumulated without limit.
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17.6 Use
17.6.1 Sick Leave. Sick leave may be requested and used as approved by the Department Head or Human Resources Director. Pay for approved sick leave shall be authorized until the employee’s accumulated sick leave hours have been exhausted and at such time the employee shall receive no further pay for sick leave. An employee shall be granted time off chargeable to sick leave for a visit to a doctor or dentist.
17.6.2 Use of Sick Leave for Family Member. In cases of illness of a family member, employees are entitled to use up to one-half of the employee’s sick leave entitlement for the year to attend to the illness of a spouse, domestic partner, parent or child, in accordance with state law. Additional family sick leave usage for special circumstances may be granted on a case-by-case basis at the discretion of the Department Head with the concurrence of the Human Resources Director.
17.6.3 Use of Sick Leave toward Retirement. An employee may not use sick leave to extend a retirement (either disability or service retirement) or separation date, unless specifically provided for in an applicable Memorandum of Understanding, or as required by law.
17.7 Integration of Benefits
If an employee is on sick leave and is receiving State Disability Insurance (SDI) or temporary Disability payments (including Workers’ Compensation payments), the employee may continue to receive full pay from the City by requesting that the maximum weekly disability benefits be supplemented by the use of sick leave benefits. To exercise this option, the employee shall tender his/her SDI payments or temporary disability payments to the City and the City shall then continue to issue paychecks and deduct the value of the difference between those payments and the employee’s regular pay from the employee’s sick leave accruals.
Part-time and temporary employees are covered by and shall receive the benefits provided by the Workers’ Compensation Insurance Plan of the City but shall not be eligible for any other benefits in this section except for those outlined in the Limited Service Compensation and Benefit Plan in effect at the time.
17.8 Catastrophic Leave Program
An employee may be eligible to receive donations of paid vacation leave to be included in the employee’s sick leave balance if she/he or an immediate family member has suffered a catastrophic illness or injury which prevents the employee from being able to work. Catastrophic illness or injury is defined as a critical medical condition that is considered to be terminal, a long-term major physical impairment or disability. (The definition of immediate family member and the usage of sick leave shall be in accordance with the respective MOU.) This program will be administered in accordance with the City’s Catastrophic Leave Procedure.
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City of Tracy Personnel Rules and Regulations 52
18. LEAVES OF ABSENCE WITHOUT PAY
18.1 Authorization for Leave of Absence Without Pay
At the sole discretion of the City, an employee may be granted a leave of absence without pay. An employee’s request for leave of absence without pay may be granted by the Department Head for a period of up to three (3) working days. The Department Head must notify the Human Resources Director of any such requests as soon as reasonably possible.
Upon recommendation of the Department Head and the Human Resources Director, requests for leaves of absence without pay may be granted by the City Manager for a period of up to one year.
The City may fill the position with a temporary employee during the term of the leave of absence or undertake any other appropriate measures to address workload needs.
18.2 Leave of Absence Request in Excess of Three (3) Days
Employees requesting a leave of absence without pay must submit the request in writing to their Department Head, and the request should state the reason for the request and the anticipated beginning and ending dates of the leave. The Department Head shall submit the request along with his or her recommendation to the Human Resources Director. The Human Resources Director shall evaluate the request and make a recommendation to the City Manager. The City Manager shall make a decision and transmit in writing the decision to the employee. The decision of the City Manager shall be final and is not subject to grievance or appeal.
18.3 Re
turn from Authorized Leave of Absence Without Pay
When an employee intends to return from an authorized leave of absence without pay, the employee shall contact the Department Head as soon as possible but not less than three (3) working days prior to the planned day of return. The Department Head shall promptly notify the Human Resources Director of the employee’s intention. Upon an employee’s notification that he/she intends to return after a leave of absence without pay, the City shall make reasonable effort to do so. Failure of an employee to abide by this notification procedure or to report for work promptly at the date of leave expiration shall be grounds for discipline up to and including termination.
Employees returning from leave because of illness or disability must first submit to the Human Resources Director a release to work from a physician that satisfactorily certifies the employee can perform the essential functions of the position to which he/he desires to return, with or without accommodation. Further, the employee may be subject to an examination by a City retained licensed physician, at City expense, to ascertain whether the employee is fit to perform the duties of his/her position.
18.4 Authorized Leave of Absence Without Pay for Job Injury
The City Manager may grant a leave of absence without pay for a period of time to any employee who is disabled by job injury or illness. Such leave may be terminated by the City Manager when it is determined that the employee is disabled for an extended period of time and unable to perform the duties of his/her.
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City of Tracy Personnel Rules and Regulations 53
18.5 Status of Employee on Authorized Leave of Absence Without Pay
18.5.1 Break in Service. Authorized leave of absence without pay shall not be construed as a break in service, and rights accrued at the time the leave is granted shall be retained by the employee. However, vacation credits, sick leave credits, holidays, health benefits, and retirement benefits, increases in salary, and other similar benefits shall not accrue to a person granted such leave during the period of absence unless otherwise expressly provided for in a Council-approved action. Employees in such status may be required to pay for all fringe benefits, such as health plan premiums, during the period of their leave without pay.
18.5.2 Employee Return to Work. An employee returning after an authorized leave of absence without pay shall retain the same status and shall be placed at the same salary step in the pay range currently in effect for the class as the employee received when the authorized leave of absence without pay commenced. Time spent on such leave without pay shall not count toward service within the pay range and the employee’s salary anniversary date shall be set forward a period of time equal to the employee’s total absence as adjusted to the beginning of the closest pay period.
18.5.3 Return from Authorized Leave of Absence without Pay for Military Duty.
Notwithstanding provisions of Section 18.5, 19.5 & 19.6 of these Rules, the applicable sections of the Federal and State military leave laws shall apply in determining benefits for those employees returning from an authorized leave of absence without pay for military duty.
19. OTHER LEAVES OF ABSENCE
19.1 Administrative Leave
The City, in its discretion, may place an employee on administrative leave with or without pay. Employees on such leave shall be available and are subject to the City’s instructions during their normal working hours.
19.2 Bereavement Leave
The City shall grant leaves of absence with pay when a member of the employee’s or employee’s spouse or domestic partner’s immediate family dies. “Immediate family” means parent, current spouse or domestic partner, child, stepchild, grandparent, grandchild, brother, sister, step-sibling, mother, father, step-parent, sister, son or daughter-in-law. The City, in its discretion, may require some proof that a death in the family has occurred.
In the case of death within the immediate family of an employee, such employee shall be entitled to remain absent from duty with pay in order to attend the funeral or memorial service for up to five (5) consecutive work days for each such bereavement.
In the event of the death of a relative, not a member of the immediate family, absence from duty shall be allowed not to exceed one (1) day.
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City of Tracy Personnel Rules and Regulations 54
19.3 Family and Medical Leave (FMLA/CFRA)
In accordance with federal and state laws and regulations, the City shall provide family and medical leave, which is unpaid leave, to eligible employees. “Family and Medical Leave” under this Rule refers to leave pursuant to the Family and Medical Leave Act of 1993 (“FMLA”) and the California Family Rights Act (“CFRA”). Employees with any questions or requests for information about family and medical leave should consult the Human Resources Department and the City’s FMLA/CFRA policy.
19.4 Jury Duty
Regular employees, probationary employees and limited services employees who have worked at least 1000 hours in a fiscal year and/or are enrolled in the PERS Retirement System who are required to report for jury duty shall be granted leave for such purpose, upon presentation of the jury notice to the Department Head. Said employees shall receive full pay for the time served on a jury, provided the employee remits to the City all fees as soon as received by the employee for such duties. Compensation for mileage or subsistence allowances shall not be considered as a fee and shall be retained by the employee. If an employee is required to report to jury duty within 2 ½ hours of the scheduled start of the workday, the employee is not required to report to work at the start of the workday, but shall report directly to jury duty. If an employee is released from jury duty with more than one-half of his work day remaining, the employee is required to report to work to complete the regularly scheduled workday.
19.5 Military Family Leave
In accordance with the Family and Medical Leave Act (FMLA), eligible employees may use their twelve (12) weeks of FMLA leave for any "qualifying exigency" arising out of a family member's active military duty. Eligible employees are also permitted to take up to twenty-six (26) weeks of leave in a single twelve (12) month period to care for a family member who sustains a serious illness or injury while on active military duty.
19.6 Military Leave
19.3.1 Military Leave With Pay. Shall be granted in accordance Federal and State 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 such leave, an employee shall present a copy of his/her military orders to the Department Head. The Department Head shall promptly advise the Human Resources Director of such military orders. The employee’s work schedule may be temporarily changed by the Department Head to accommodate the leave and department workloads, in accordance with applicable law. Benefits shall continue to accrue to the employee to the extent required by law. Employees on military leave shall be granted promotional opportunities and reinstatement after return from military leave in accordance with applicable law. The City offers employees on military leave the option to continue health benefits.
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City of Tracy Personnel Rules and Regulations 55
19.3.2 Leave Accrual. As required by law, the City will continue leave accruals during paid military leave and make contributions under retirement plans.
19.7 Military Spouse Leave
In accordance with California Military & Veterans Code section 395.10, eligible spouses and domestic partners of active members of the military are entitled to up to ten (10) days of unpaid leave when their spouse or domestic partner, who is in active military service, is on qualified leave.
19.8 Paid Family Leave (PFL)
Employees who are covered by State Disability Insurance (SDI) are eligible for Paid Family Leave (PFL) benefits while taking care of family member(s). These benefits are paid by the State Employment Development Department.
19.9 Pregnancy Disability Leave (PD
L)
Any employee who is disabled because of pregnancy, childbirth, or a related medical condition may be entitled to pregnancy disability leave (PDL). The rules for PDL are contained in the City’s Pregnancy Disability Leave Policy
19.10 School Activity Leave
Employees who are parents, guardians or grandparents of a child in kindergarten through grade 12 may take up to forty (40) hours per year, not to exceed eight (8) hours per month, to participate in the child’s school activities. The employee shall use accrued vacation or compensatory time for this leave. Prior notice of the need for this leave shall be given to the supervisor.
19.11 Voting Leave
Time off with pay to vote in any general, direct primary or presidential primary election shall be granted as provided by state law. Employees shall give their supervisors prior notice of the need to take such time off. Paid leave for the purpose of voting shall not exceed one (1) hour.
19.12 Witness Leave
An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which he/she perceived or investigated in the course of his/her employment with the City shall be allowed to do so without loss of compensation, unless it is the employee’s own lawsuit.
An employee subpoenaed to appear in court in a matter unrelated to his/her official capacity, or who is appearing in court in a matter initiated by the employee, shall be permitted time off without pay, or if the employee chooses, to use accrued vacation for this purpose.
The employee may be required to present the subpoena to his/her Department Head.
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City of Tracy Personnel Rules and Regulations 56
20. EMPLOYEE TRAINING AND EDUCATION PROGRAMS
Employees are encouraged (but not required) to further their education by taking accredited courses which satisfy any of the following criteria: are related to the employee’s present position with the City; related to the employee’s potential development with the City; part of a program leading to a degree related to the employee’s present position or potential for development; or required to obtain a high school diploma.
An employee who participates in an educational program may be reimbursed for courses taken on the employee’s own time and at his/her expense in accordance with the City’s Tuition Reimbursement Policy and Procedure.
21. EMPLOYER - EMPLOYEE RELATIONS
The purpose of this section is to implement the Meyers Milias Brown Act, Government Code Sections 3500 et seq., (“MMBA”)by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations and for resolving disputes regarding wages, hours, and other terms and conditions of employment.
21.1 Definitions
For purposes of this section, the following terms shall have the meanings indicated:
21.1.1 Appropriate Unit. A unit established pursuant to Section 21.9.
21.1.2 City. The City of Tracy, a municipal corporation, and where appropriate herein, “City” refers to the City Council, the governing body of said City or any duly authorized management employee as herein defined.
21.1.3 Confidential Employee. An employee who is privy to decisions of City management affecting employer-employee relations.
21.1.4 Consult or Consultation in Good Faith. To communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions.
21.1.5 Employee. Any person regularly employed by the City except those persons appointed directly by the City Council, elected by popular vote or temporary or contract employees.
21.1.6 Employee Organization. Any organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City.
21.1.7 Employer-Employee Relations. The relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between City management and employees or employee organizations.
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City of Tracy Personnel Rules and Regulations 57
21.1.8 Impasse. a) a deadlock in the discussions between an employee organization and the City over any matters which they are required to meet and confer in good faith, or over the scope of such subject matter; or b) any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the Municipal Employee Relations Officer made pursuant to section 21.5.
21.1.9 Majority Representative. An employee organization, or its duly authorized representative, that has been granted formal recognition by the Municipal Employee Relations Officer as representing the majority of employees in an appropriate unit.
21.1.10 Management Employee. Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the City Manager and Department Heads. Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, dismiss, assign, reward, or discipline other employees. The exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
21.1.11 Mediation or Conciliation. The efforts of an impartial third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms.
21.1.12 Meet and Confer in Good Faith. (Sometimes referred to herein as “meet and confer” or “meeting and conferring”). Performance by duly authorized City representatives and duly authorized representatives of an employee organization (recognized as the majority representative) of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment, in an effort to: a) reach agreement on those matters within the authority of such representatives and b) reach agreement on what will be recommended to the City Council on those matters within the decision making authority of the City Council. This does not require either party to agree to a proposal or to make a concession.
21.1.13 Municipal Employee Relations Officer. The City’s principal representative in all matters of employer-employee relations designated pursuant to Section
21.2, or his/her duly authorized representative.
21.1.14 Peace Officer. As defined in Section 830, California Penal Code.
21.1.15 Professional Employee. Employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, engineers, planners architects, and various types of physical, chemical, and biological scientists.
21.1.16 Recognized Employee Organizations. An employee organization which has been acknowledged by the Municipal Employee Relations Officer as an employee organization that represents employees of the City. The rights
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City of Tracy Personnel Rules and Regulations 58
accompanying recognition are either:
21.1.16.1 Formal Recognition. The right to meet and confer in good faith as the majority representative in an appropriate unit; or
21.1.16.2 Informal Recognition. The right to consultation in good faith by all recognized employee organizations.
21.1.17 Scope of Representation. All matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. City Rights (Section 21.4) are excluded from the scope of representation.
21.2 Designation of Municipal Employee Relations Officer
21.2.1 The City Manager or his/her designee shall be the City’s Municipal Employee Relations Officer and shall be the City’s principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation including wages, hours and other terms and conditions of employment.
The Municipal Employee Relations Officer is authorized to delegate these duties and responsibilities.
21.3 Employee Rights
Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City (except as provided for in California Government Code 3502.5 - Agency Shop). No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of his/her exercise of these rights.
21.4 City Rights
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees form duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
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City of Tracy Personnel Rules and Regulations 59
21.5 Meet and Confer in Good Faith – Scope
21.5.1 The City, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations with majority representation rights regarding matters within the scope of representation including wages hours and other terms and conditions of employment within the appropriate unit.
21.5.2 The City shall not be required to meet and confer in good faith on any subject preempted by Federal or State law or by the City ordinances and resolutions, nor shall it be required to meet and confer in good faith on Employee or City Rights as defined in Sections 21.3 and 21.4. Proposed amendments to this Rule are excluded from the scope of meeting and conferring.
21.6 Incorporation into a Memorandum of Understanding
When the meeting and conferring process is concluded between the City and a formally recognized employee organization representing a majority of the employees in an appropriate unit, all agreed upon matters shall be incorporated in a written memorandum of understanding signed by the duly authorized City and majority representatives.
As to those matters within the authority of the City Council, the Memorandum of Understanding shall be submitted to the City Council for approval.
21.7 Compliance with Federal and State Laws
The City Council may adopt such Rules and Regulations necessary or convenient to implement the provisions of this Rule and the MMBA.
Nothing in this Section shall be construed to deny any person or employee the rights granted by Federal and State laws and City Code provisions.
The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this Section.
The provisions of this Section are not intended to conflict with the provisions of the MMBA.
21.8 Advance Notice
Reasonable written notice shall be given to each recognized employee organization affected of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council or by any board or commission of the City, and each shall be given the opportunity to meet with the Municipal Employee Relations Officer.
In cases of emergency when the City or any board or commission of the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the City or the board or commission of the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.
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City of Tracy Personnel Rules and Regulations 60
21.9 Petition for Recognition
There are two levels of employee organization recognition - formal and informal. The recognition requirements of each are set forth below.
21.9.1 Formal Recognition – The Right to Meet and Confer in Good Faith as Majority Representative: An employee organization that seeks formal recognition for purposes of meeting and conferring in good faith as the majority representative of employees in an appropriate unit shall file a petition with the Municipal Employee Relations Officer containing the following information and documentation:
(1) Name and address of the employee organization.
(2) Names and titles of its officers.
(3) Names of employee organization representatives who are authorized to speak on behalf of its members.
(4) A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the City.
(5) A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state or international organization. (6) Certified copies of the employee organization’s constitution and by-laws. (7) A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. (8) A statement that the employee organization recognizes that the provisions of Section 923 of the California Labor Code are not applicable to City employees.
(9) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, disability or medical condition, age, or sexual orientation.
(10) The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. (11) Authorization cards demonstrating support for the petition, signed by 30% or more of the employees within the bargaining unit, that are dated no later than six (6) months earlier than the date of the petition, and which appear authentic to the party reviewing them who may be the Municipal Employee Relations Officer or a mutually agreed upon disinterested third party.
(12) A request that the Municipal Employee Relations Officer recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation.
21.9.2 Informal Recognition – The Right to Consult in Good Faith: An employee organization that seeks recognition for purposes of consultation in good faith shall file a petition with the Municipal Employee Relations Officer containing the following information and documentation:
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City of Tracy Personnel Rules and Regulations 61
(1) All of the information enumerated in 21.9.1 of this Section.
(2) A statement that the employee organization has in its possession written proof, dated within six (6) months of the date upon which the petition is filed, to establish that employees have designated the employee organization to represent them in their employment relations with the City.
Such written proof shall be submitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party.
(3) A request that the Municipal Employee Relations Officer recognize the employee organization for the purpose of consultation in good faith.
21.10 The Petition
The petition, including all accompanying documents, shall be verified, under oath, by the Executive Officer and Secretary of the organization that the statements are true.
All changes in such information shall be filed forthwith in like manner.
21.11 Municipal Employee Relations Officer
The Municipal Employee Relations Officer shall grant recognition, in writing, to all employees organizations who have complied with either Section 21.9.1or 21.9.2 for purposes of consultation in good faith for its members. Employee organizations seeking formal recognition as majority representative must, in addition, establish to the satisfaction of the Municipal Employee Relations Officer that it represents a majority of the employees in the manner prescribed in Section 21.9. No employee may be represented by more than one recognized employee organization for the purposes of this Resolution.
21.12 Response to Petition
Within 30 days after receiving a petition, the Municipal Employee Relations Officer shall determine whether the petition contains the necessary elements demonstrating the requisite showing of interest. If the petition is defective in some respect, the Municipal Employee Relations Officer may reject and return it, with a brief explanation. Alternatively, the Municipal Employee Relations Officer may retain the petition, and permit the petitioner to alleviate the deficiencies promptly.
21.13 Notice
After the Municipal Employee Relations Officer determines that a petition meets the requirements under this Rule, the Officer shall provide notice that a petition has been filed to all employees in the bargaining unit at issue, all recognized employee organizations, and the City Council.
21.14 Elections
Unless otherwise provided by State Law, elections shall be conducted in accordance with the provisions herein.
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City of Tracy Personnel Rules and Regulations 62
21.15 Certification
The Municipal Employee Relations Officer shall provide notice of the election outcome to all affected employee organizations and the Council. For certification petitions, the Council shall certify the prevailing organization, if any, as the exclusive bargaining representative for the bargaining unit(s) at issue.
21.16 Election Procedures
The following procedures are applicable to elections, except as specified herein.
21.16.1 Third-party Election. Elections will be conducted by a third party as designated by the Municipal Employee Relations Officer. The Municipal Employee Relations Officer may take reasonable measures, not in conflict with this Rule or applicable law, to ensure the integrity of elections.
21.16.2 Municipal Employee Relations Officer Discretion. The Municipal Employee Relations Officer has the discretion to refer the election matter at issue to a neutral agency such as the State Mediation and Conciliation Services (SMCS), or the Public Employee Relations Board (PERB), for handling.
21.16.3 Supported Petition. In order for an election to be held, petitions to certify or decertify a recognized bargaining representative, or to rescind an agency shop provision, must be accompanied by cards showing that the petition at issue is supported by thirty percent (30%) or more of the bargaining unit employees.
21.16.4 Challenges. Challenges to certification petitions may be initiated by other employee organizations. If the challenging organization meets these requirements, the organization will also be included in the election. The requirements are:
21.16.4.1 Challenging Organization: The challenging organization provides the information contained in this Rule.
21.16.4.2 Percent of Signed Cards. The challenging organization produces cards demonstrating that at least ten percent (10%) of employees in the bargaining unit subject to the petition support the challenge.
21.16.4.3 Time Period. The challenge must be initiated within 30 days after the Municipal Employee Relations Officer gives notice of a petition for certification.
21.16.5 Authenticity. The authenticity of cards and signatures shall be verified by a neutral party designated by the Municipal Employee Relations Officer.
21.16.6.1 Secret Ballot. Elections will be conducted by secret ballot. Over fifty percent 50% of the employees in the bargaining unit must participate in the election in order for the election to be certified.
Elections will be determined by majority vote of those employees
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City of Tracy Personnel Rules and Regulations 63
casting votes.
21.16.7 No Representation Choice. Ballots shall contain the choice of “no representation”.
21.16.7.1 No Majority Result. If no representative receives a majority of the votes, the Municipal Employee Relations Officer shall conduct a runoff election between the two (2) choices receiving the most votes.
21.16.8 Costs. Except for initial elections regarding certification of an exclusive bargaining representative, costs of elections shall be borne equa lly among the City Council and the employee
organizations appearing on the ballot, to the extent permitted by law.
21.16.8.1 Decertification election. Elections concerning the proposed decertification of an exclusive bargaining representative may be held no sooner than twelv e (12) months following the date the Council certified and recognized the bargaining representative as the exclusive bargaining representative for the employee organization(s) at issue. A decertification petition alleging that the incumbent recognized employee organization no longer represents a majority of employees in an established unit may be filed with the Municipal Employee Relations Officer only during the thirty (30) day period commencing one-hundred and twenty (120) days prior to the termination date of an MOU then having been in effect less than three (3) years. For MOUs in effect three (3) years or longer, decertification petitions may be filed during the month of January in every year the MOU is in effect.
21.16.8.2 Rescinding Agency Shop. No more than one vote to rescind an agency shop agreement may be taken during the life of a MOU that provides for agency shop.
21.16.12 Granting Recognition. Notwithstanding the procedures in this Rule, the Council shall grant exclusive recognition to an employee organization based on a signed petition, authorization cards, or union membership cards showing that a majority of the employees in an employee organization determined appropriate by the Municipal Employee Relations Officer desire the representation, unless another labor organization has previously been lawfully recognized as exclusive or majority representative of all or part of the same unit. Exclusive representation shall be determined by a neutral third party selected by the Municipal Employee Relations Officer and the employee organization who shall review the signed petition, authorization cards, or union membership cards to verify the exclusive or majority status of the employee organization. In the event the parties cannot agree on a neutral third party, the parties shall utilize the services of the SMCS. In the event the neutral third party determines, based on a signed
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petition, authorization cards, or union membership cards, that a second labor organization has the support of at least 30% of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish which labor organization, if any, has majority status.
21.17 Bargaining Unit Modifications
Bargaining unit modifications may be initiated by the Municipal Employee Relations Officer, by a group of employees, or by a recognized employee representative.
Modifications to existing bargaining units must be supported by some legitimate reason.
21.17.1 Municipal Employee Relations Officer Initiated Unit Modification. The Municipal Employee Relations Officer may initiate a modification of its unit structure, including the creation of new units, or the reallocation of classifications from one bargaining unit to another bargaining unit. The Municipal Employee Relations Officer shall provide notice to all affected employee organizations, and to each employee who may be affected by the proposed change. Before implementing any modification or reallocation, the Municipal Employee Relations Officer shall provide the opportunity to meet and confer (or consult), to the extent required by law, with affected, recognized employee representatives.
21.17.2 Employee and Union Initiated Modifications. An employee, group of employees, or a recognized employee organization may request that a unit be modified, or that one of more classifications be reallocated to a new or existing bargaining unit. The Municipal Employee Relations Officer shall provide notice to all affected employee organizations upon receipt of such a request. The request must be accompanied by authorization cards, dated no later than 6 months earlier than the request, showing that at least 40% of the employees in the new proposed unit, or 30% of the employees in the classification(s) proposed to be reallocated to another bargaining unit, support the request.
21.18 Denying the Request
The Municipal Employee Relations Officer may exercise discretion to deny the request in the event the criteria listed in section 21.9 of this Rule indicates to the Municipal Employee Relations Officer that the modification or reallocation is inappropriate. The Municipal Employee Relations Officer shall provide written notice of the rejection to all recognized employee representatives promptly after such determination.
21.18.1 Consistent Modifications. If the Municipal Employee Relations Officer determines that the modification or reallocation is consistent with the criteria listed, the Municipal Employee Relations Officer shall further process the request. If the Municipal Employee Relations Officer determines that a new unit or reallocation is appropriate, the Municipal Employee Relations Officer shall provide notice to all recognized employee representatives. If no protest is filed within 30 days, the
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Municipal Employee Relations Officer shall promptly reassign affected classifications to the new unit, or reallocate the classifications to an existing bargaining unit. In the event of an assignment to a newly created bargaining unit, the Municipal Employee Relations Officer shall also notify the employees of their rights under this Rule, including the right to select a representative of their choice for the purpose of meeting and conferring regarding wages, hours and working conditions under the MMBA.
21.18.2 Protests. Within 30 days of notice regarding the Municipal Employee Relations Officer’s determination to modify a bargaining unit, or reallocate classifications, an affected recognized employee representative may submit a protest to the Municipal Employee Relations Officer’s office.
The protest must include the following in order to be considered.
21.18.2.1 Data. The name, address, e-mail address, and telephone number of the protesting representative.
21.18.2.2 Facts. The facts and arguments supporting the protest.
21.18.2.3 Resolution. The proposed resolution.
21.18.3 Response. Upon receipt of a protest, the Municipal Employee Relations Officer shall meet and confer to the extent required by law. If there is no resolution, the dispute shall be submitted to the SMCS for mediation. If t he SMCS is unable to achieve a resolution, the matter shall be referred to the Municipal Employee Relations Officer for final written decision and notice to all affected parties. After issuing a decision, the Municipal Employee Relations Officer may reassign or reallocate the classifications at issue.
21.19 Timing
Unless required by law, unit modifications or reallocations may not be initiated sooner than 12 months following the date of City Council adoptions of any memorandum of understanding which covers the classifications proposed to be reallocated or moved from the bargaining unit.
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City of Tracy Personnel Rules and Regulations 66
21.20 Unit Disputes Involving Professional Employees
In the event of a dispute on the appropriateness of a unit of representation for professional employees, upon request of any of the parties, the dispute shall be submitted to the SMCS for mediation or for recommendation for resolving the dispute.
Professional employees, for the purposes of this section, mean employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and the various types of physical, chemical, and biological scientists.
21.21 Rights and Responsibilities
21.21.1 Meet and Confer. An exclusive bargaining representative shall have the right to meet and confer in good faith with authorized City representatives regarding wages, hours, and working conditions within the scope of representation. If an agreement is reached, the parties shall jointly prepare a written MOU, which shall not be binding, and present it to the Council.
If the Council adopts the written MOU, it shall become binding on the parties. The City is under no obligation to meet and confer with an employee organization unless it has been certified as a recognized employee representative.
21.21.2 Current Information. Recognized employee representatives have the responsibility to inform the Municipal Employee Relations Officer, in writing, of any changes in the information specified in section 21.9 of this Rule, and the Council may rely on its information on file for purposes of notice under this resolution and the MMBA.
21.21.3 Release Time. During the period of meet and confer regarding a memoranda of understanding, recognized employee representatives shall be entitled to a reasonable number of representatives who may receive paid release time during the period when formal negotiations are occurring at the table. The precise number shall be subject to the parties’ discussions and the Municipal Employee Relations Officer’s approval at the outset of negotiations. Employee representatives shall cooperate with the Municipal Employee Relations Officer on a reasonable schedule, and the employees released for negotiations shall notify their supervisors, obtain their consent (which shall not be unreasonably withheld) and ensure that the dates scheduled for negotiations do not adversely affect City operations. Paid release time may not be authorized for activities such as soliciting membership, internal union elections, campaigning for office or other political activity, organizing efforts, or for any other purpose not authorized by this Rule or an MOU.
21.21.4 City Resources. Use of City resources, and use of City Council facilities, including without limitation; stationery, computers, mail, e-mail, copy machines, and fax machines, for Union business is prohibited.
21.21.5 Dues and Other Authorized Payroll Deductions. Recognized employee representatives may sponsor payroll deduction programs for membership
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 67
dues, charitable causes, and benefit premiums and contributions. In order to participate, each affected employee must submit a written authorization on a form prescribed by the Municipal Employee Relations Officer.
Deductions shall comply with City administrative procedures.
21.21.6 Appeals. An employee or labor organization aggrieved by any adverse action taken pursuant to this Employee-Employer Relations Rule may submit an appeal to the Municipal Employee Relations Officer. The Municipal Employee Relations Officer may adopt reasonable procedures, after appropriate meet and consult, to resolve such appeals. To be considered, an appeal must be filed within 30 days of when the aggrieved party knew or should have known of the alleged violation. Failure to file an appeal within the 30 day time limit shall constitute a waiver of any challenge to the action at issue. Appeals must contain specific allegations that the employer violated a specific provision of this Rule or applied the Rule in a manner that violates an applicable law. Appeals must be submitted and appeal procedures exhausted before resorting to any other forum, so that the underlying facts may be gathered, an appropriate record may be created, and the Municipal Employee Relations Officer is provided a reasonable opportunity to correct or remedy complaints. No other grievance or appeal process may be used to address issues covered by this Rule.
21.22 Impasse Resolution Procedures
21.22.1 Impasse Meeting. If impasse is reached during negotiations concerning an MOU, either party may declare an impasse by submitting a written letter formally declaring an impasse. The declaration of impasse must contain all of the following elements:
21.22.1.1 Tentative Agreements. A list of all tentative agreements, if any.
21.22.1.2 Disputed Issues. A list of all disputed issues.
21.22.1.3 Last and Final Offer. For each disputed issue, the declarant’s last and final offer. The party against whom the impasse is declared shall submit a formal response within 7-working days of notice of impasse, and shall meet within 7-working days thereafter.
21.22.2 Mediation. Upon and after impasse, either party may request that the dispute be submitted to mediation, and the other party must participate in good faith upon request, or submit a letter within 7-working days of the request specifically declining to participate in mediation. The costs of mediation shall be borne equally. Mediation shall be conducted by a mediator supplied by the SMCS, or by some other mutually agreed upon mediator. Mediation shall be
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 68
confidential. The mediator shall not make public recommendations or issue any decision concerning the issues. If no agreement is reached after an opportunity for mediation, the matter may be referred to the City Council for final determination.
21.22.3 Misc
ellaneous. The impasse resolution section shall not apply to economic disputes involving employees governed by different impasse resolution procedures imposed by lawful statute. This impasse resolution section shall only cover bargaining impasses regarding comprehensive memoranda of understanding (MOUs), and it does not cover day-to-day issues subject to meet and confer/meet and consult; or Council actions that may be subject to meet and confer/meet and consult requirements.
21.23 A genc
y Shop
If mad
e, agency shop arrangements must accord with all requirements of California Government Code section 3502.5.
21.24 Mi
scellaneous Provisions
21.24.1 Savings
and Separability. This Rule is intended to comply with all applicable state and federal laws, and it should be interpreted and applied to harmonize with all such law, reserving the broadest legal measure of authority to the Council. In the event a court of competent jurisdiction determines that some provision is inconsistent with applicable and binding law, then that provision shall be severed and all remaining portions of the Rule shall continue in full force and effect. Upon request by the Municipal Employee Relations Officer, a recognized bargaining
representative will meet and consult promptly in an effort to resolve any amendments that are necessary or advisable in light of changes to existing law, or interpretations of the law that impact this Rule.
22. MIS
CELLANEOUS
Thes
e rules and regulations shall only become effective when they are adopted by the City Council. Upon adoption they shall supersede any and all City-wide and/or departmental personnel management policies, rules, regulations, and procedures previously adopted, except those adopted by order of a department manager which are not in conflict with these Rules.
Any and all provisions contained in a Memorandum of Understanding (MOU) in effect at the time of adoption of these Rules, and which may be in conflict with the provisions of these Rules, shall remain in effect and supersede these Rules until such time as the conflicting provisions of the MOU may be modified, through the meet and confer process, to conform to these Rules. No existing MOU shall be modified, and no new MOU shall be entered into, which would establish provisions that would be in conflict with these Rules unless expressly identified by the City Manager and recommended to the City Council for review and approval.
ATTACHMENT F
City of Tracy Personnel Rules and Regulations 69
These Rules do not create a “contract” of employment between the City and any employee.
Public employment is statutory, not contractual.
If any part of these Rules is determined to be unconstitutional or illegal, such part shall be severed from these rules and the remaining Rules shall be given full force and effect. The City shall comply with changes in state and federal law, and shall amend these Rules as necessary for consistency. The term “City” as used in these rules refers to the City of Tracy.
Responsibilities and rights of the City under these rules are exercised by the City Manager, and may be delegated by the Manager in his/her discretion.
ATTACHMENT F
APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY CITY COUNCIL
RESOLUTION 2022-_______________
APPROVE SIDE LETTER AGREEMENTS BETWEEN THE CITY OF TRACY AND THE
TRACY POLICE OFFICERS ASSOCIATION, TRACY POLICE MANAGEMENT
ASSOCIATION, TRACY MID -MANAGERS BARGAINING UNIT, TRACY TECHNICAL
AND SUPPORT SERVICES EMPLOYEE ASSOCIATION, GENERAL TEAMSTERS LOCAL NO. 439; AMEND SECTION 16.6 OF THE PERSONNEL RULES AND REGULATIONS TO ADD JUNETEENTH; AND AUTHORIZE THE CITY MANAGER TO
APPROVE SIDE LETTER AGREEMENTS
WHEREAS, Juneteenth was proclaimed as a federal holiday by President Joe Biden on June 19, 2021 and continues to be observed by the City of Tracy as a proclaimed holiday in accordance with the terms of the current Memorandum of Understanding (MOU) for each bargaining unit; and
WHEREAS, Section 16.6 of the City of Tracy Personnel Rules and Regulations lists the holidays
authorized by the City; and
WHEREAS, Council desires to formally recognize Juneteenth as a City authorized holiday; and
WHEREAS, Amending the contract language for Tracy Police Officers ’ Association (TPOA) and Tracy Police Management Association (TPMA) is necessary to reflect the adjusted number of holidays in lieu hours inclusive of the Juneteenth holiday; and WHEREAS, Amending the contract language for Tracy Mid- Managers Bargaining Unit (TMMBU), Tracy Technical and Support Services Employee Association (TTSSEA) and the General Teamsters Local No. 439 (Teamsters) is necessary to reflect the addition of the Juneteenth
holiday; and
WHEREAS, The C ity has m et and co nferred with the bargaining units r egarding the contents of the side letters; and
WHEREAS, The City desires to grant authority to the City Manager to approve the side letter agreements; now, therefore, be it
RESOLVED: That the City Council of the City of Tracy hereby approves the side letters attached as Exhibit A between the City of Tracy and the Tracy Police Officers’ Association, Exhibit B between the City of Tracy and the Tracy Police Management Association, Exhibit C between the City of Tracy and the Tracy Mid- Managers Bargaining Unit, Exhibit D between the City of Tracy and the Tracy Technical and Support Services Employee Association and between the City of Tracy and the General Teamsters Local No. 439, authorize amendment to section 16.6 of the Personnel Rules to add Juneteenth (June 19) and authorize the City Manager to approve the side letter agreements.
2 ____________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTENTION: COUNCIL MEMBERS:
ATTEST:
City Clerk and Clerk of the Council of the
City of Tracy, California
Resolution 2022-
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on June 7, 2022, by the following vote:
ADRIANNE RICHARDSON
June 7, 2022
AGENDA ITEM 1.C
REQU
EST
APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RAFTELIS FINANCIAL CONSULTANTS, INC. FOR COMPLETION OF
THE WASTEWATER REVENUE AND RATE ANALYSIS
EXECUT
IVE SUMMARY
City Council approved a PSA with Raftelis Financial Consultants, Inc. (Consultant) on February 18, 2020, to complete a wastewater revenue and rate analysis. City and Consultant have been coordinating since that time to complete this analysis. Additional services are needed from the Consultant to complete the analysis. The added Scope of Work will include the Consultant scheduling more meetings as part of the project management because of the need to incorporate recent increases in operational and maintenance costs. These increases are due to the rising cost of transportation and supplies such as chemicals and purchased equipment logistics. Additionally, the Consultant will provide further budgets, CIP, and Model iterations, as well as Prop 218 Notice preparation.
DISCUS
SION
On February 18, 2020, City Council approved a PSA with the Consultant for completion of the wastewater revenue and rate analysis for a not to exceed amount of $55,828.
Since then, the Consultant and the City have been working together to complete this analysis. The analysis is based upon the latest revenues, expenses, and the need for capital expenses.
The analysis has been updated several times due to ongoing unprecedented increases in the cost of equipment, chemicals, and capital projects. Additional services are needed from the consultant to complete the analysis. In addition, the consultant will prepare a Proposition 218 public notice, which was not part of the original scope of work.
The Consultant submitted a proposal to complete the additional work for a not to exceed amount of $26,935, on a time and material basis. Staff has reviewed the proposal and found it reasonable. Staff will continue to monitor all services spent on the wastewater revenue and rate analysis.
STRAT
EGIC PLAN
This recommendation meets Council Strategic Priorities under Governance by ensuring short- and long-term financial sustainability.
Agenda Item 1.C
June 7, 2022
FISC
AL IMPACT
The additional cost of services of $26,935, per this amendment No. 1 to the PSA, will be borne by the Wastewater Enterprise Fund.
RECOM
MENDATION
Staff recommends that the City Council approve Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc., for a not to exceed amount of $26,935 for completion of the Wastewater Revenue and Rate Analysis Study.
Prepared by: Kul Sharma, Utilities Director
Reviewed by: Karin Schnaider, Finance Director
Midori Lichtwardt, Assistant City Manager
Approv
ed by: Michael Rogers, City Manager
ATT
ACHMENT
A – Amendment No. 1 to Professional Services Agreement
CITY OF TRACY
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH RAFTELIS FINANCIAL CONSULTANTS, INC
FOR
WASTEWATER REVENUE AND RATE ANALYSIS
This Amendment No. 1 (Amendment) to the Professional Service Agreement Wastewater Revenue and Rate Analysis is entered into between the City of Tracy, a municipal corporation (City), and Raftelis Financial Consultants, Inc. a North Carolina corporation (Consultant). City and Consultant are referred to individually as "Party" and collectively as "Parties." Recitals
A. The City and Consultant entered into a Professional Services Agreement (Agreement) for the Wastewater Revenue and Rate Analysis, which was approved by the City Council on February 18, 2020, under Resolution No. 2020-025.
B. A contract amendment is needed because the wastewater rate study which commenced in February of 2020, has taken longer than anticipated. Consultant has exceeded the number of meetings attended in original agreement. The rate model was modified to incorporate various operating and capital budgets. Preparation time for Proposition 218 public notice is needed and was not included in original proposal.
C. This Amendment is being executed pursuant to Resolution No. __ approved by Tracy City Council on ___ , 2022.
Now therefore, the Parties mutually agree as follows:
1. Incorporation by Reference. This Amendment incorporates by reference all terms set forth in the Agreement, unless specifically modified by this Amendment. The terms which are not specifically modified by this Amendment will remain in effect.
2. Terms of Amendment.
A. The following language shall be added to Section 1. SCOPE OF WORK of the Agreement:
"In addition to Exhibit A, Consultant shall perform the services described in Exhibit A-1 attached and incorporated by reference. Consultant is responsible for completing all tasks identified in Exhibits A and A-1."
B. The following language shall be added in Section 3. COMPENSATION of the Agreement:
"For the additional services performed pursuant to Exhibit A-1, City shall pay Consultant a not-to-exceed amount of $26,
935 a t the billing rates set forth in Exhibit B-1. Exhibit 8-1 hereto shall supplement Exhibit B of the Agreement."
Rev. October 2019
ATTACHMENT A
City of Tracy - Amendment No. 1 to Professional Services Agreement with Rafte/is Financial Consultants, Inc.
3. Modifications. This Amendment may not be modified orally or in any manner other than by an agreement in writing signed by both parties, in accordance with the requirem ents of the Agreement.
4. Severability. If any term of this Amendment is held invalid by a court of competent jurisdiction, the Amendment shall be construed as not containing that term, and the remainder of this Amendment shall remain in effect.
5. Signatures. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Amendment.
This Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns.
The Parties agree to the full performance of the terms set forth here.
City of Tracy
By:
Nancy D. Young
Title: Mayor
Date: __________ _
Attest:
By:
Adrianne Richardson, City Clerk
Approved as to form
By:
Bijal M. Patel, City Attorney
Exhibits:
A-1 - Additional Scope of Work
8-1 - Proposed Fee
Consultant
Raftelis Financial Consultants, Inc., a North
Carolina orporation
By:
Title: --'-__,_,,.,.,,,,,.><.U.lw<>.__,.,_,,a>-!. ___ _ Date: 5/25/2022
By:
Title: �Y�ic= e�P�re�s=id= e�□�t _ _ _ _ _
Date : --><,5/�2�6�/2....,,0 ..... 2_2 ___ _ __ _
City of Tracy- Amendment No. 1 to Professional Se,vices Agreement with Raftelis Financial Consultants, Inc.
Exhibit A-1
Scope of Work
The wastewater rate study which commenced in February of 2020, has taken longer than anticipated. Additional services under this contract amendment will include:
• Additional meeting attendance by the Consultant, which was originally set for four but will be increased to eight.
• Necessary modification of the rate model to incorporate various operating and capital improvement budgets.
• Preparation of the Proposition 218 public notice material.
City of Tracy – Amendment No. 1 to Professional Services Agreement with Raftelis Financial Consultants, Inc.
Exh
ibit B-1
Proposed Fees
APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
TRACY CITY COUNCIL
RESO
LUTION 2022-_____
APPROVE
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT (PSA) WITH RAFTELIS FINANCIAL CONSULTANTS, INC. FOR
COMPLETION OF THE WASTEWATER REVENUE AND RATE ANALYSIS
WHEREA
S, City Council approved a PSA with Raftelis Financial Consultants, Inc. (Consultant) on February 18, 2020, to complete a wastewater revenue and rate analysis; and WHEREA
S, additional services are needed from the Consultant due to recent cost increases for equipment, supplies and capital projects; and WHEREA
S, in addition to completion of the wastewater revenue and rate analysis, Consultant will prepare a Proposition 218 public notice; and WHEREA
S, additional work included in this amendment will be completed with a not to exceed amount of $26,935; and
WHEREA
S, additional funding will be borne by the Wastewater Enterprise Fund; and now, therefore, be it
RESOLVED
: That the City Council of the City of Tracy, by resolution approve Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. for completion of the Wastewater Revenue and Rate Analysis. * * * * * * *
* * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on June 7, 2022, by the following vote:
AYES:
NOES:
ABSEN
T:
ABSTENTION:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
______________________________
NANCY D. YOUNG
Mayor
of the City of Tracy, California
ATTEST:
_________________________
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council
of the
City of Tracy, California
June 7, 2022
AGENDA ITEM 1.D
REQU
EST
AUTHORI
ZE THE SUBMISSION OF A UNITED STATES DEPARTMENT OF JUSTICE
COMMUNITY ORIENTED POLICING SERVICES GRANT APPLICATION FOR A PROJECTED AMOUNT OF $1,240,942 FOR THE HIRING OF TWO POLICE OFFICERS WITH THE PROJECTED CITY MATCH FUNDS OF $990,942, APPROVE AN ADDITIONAL $90,000 FOR PROJECTED OVERTIME AND OTHER COSTS NOT
COVERED BY THE GRANT FUNDS, AND AUTHORIZE THE CITY MANAGER TO ACCEPT THE $250,000 GRANT, IF AWARDED.
EXECUT
IVE SUMMARY
The City of Tracy has the opportunity to apply for grant funding through the United States Department of Justice (DOJ) Community Oriented Policing Services (COPS) office for the 2022 COPS-Hiring Program (CHP). The grant opportunity is competitive and there is no guarantee the City will be awarded the grant. Grant funding will require a City match commitment. Staff is seeking Council’s support for the grant application submittal and Council authorization to accept the grant, if awarded.
DISCUS
SION
This
grant, if awarded, would provide supplementary funding for two sworn officer positions in the upcoming FY 2022/23 budget.
Tracy
Police Department has sought grant funding sources to aid in increasing sworn officer positions within the City of Tracy. Additional officers are needed to handle the growing population, increased calls for service related to quality of life issues, and new enforcement measures for cannabis compliance and commercial traffic enforcement.
Adding off
icers will address the community needs and requests and will support Council strategic priorities for both Public Safety and Quality of Life by promoting a responsive public safety program to include increased civic engagement, partnerships, community involvement, education, prevention, intervention, and suppression. Additional officers will also aid in promoting positive change and progress within the community.
The speci
fications of the COPS grant are as follows:
• Term is 36 months;
• Calculated individually, from the time of hire of each officer; • Must pay for newly hired officers, hired after the grant award is accepted; • Will not allow for supplanting of current positions;
• Allows applicant cities to request a number of officers that equals no more than 5% of their current authorized sworn force;
• If awarded, would pay a maximum federal share of $125,000 per officer position, for the entire 36 month term. Therefore, $125,000 per officer, multiplied by two is $250,000 for the total grant funding for the entire term of the grant; • The City is required to maintain the two positions for at least twelve months at the end of the grant term.
Agenda Item 1.D
June 7, 2022
STRATEGIC PLAN
This agenda item relates to the Council’s Strategic Plan in the area of Public Safety.
FISCAL IMPACT
The grant
award requires a City match requirement. The City would be required to commit approximately $990,942 over the three-year grant term. The funding source for the matching funds will be the General Fund.
The term
s of the grant also require the City to fund the two positions for twelve months beyond the end of the grant term, projected to be FY 2025/26.
Additi
onal expenses not covered by the grant may include specialty pays, overtime, equipment, and uniform allowance. The exact costs will not be known until after the new officers are hired. For estimation purposes, expenses in these areas are projected to be $30,000 per year, or $90,000 during the three-year grant term.
RECOMM
ENDATION
That the
City Council, by resolution, authorize the submission of a United States Department of Justice Community Oriented Policing services grant application for a projected amount of $1,240,942 for the hiring of two police officers with the projected City match funds of $990,942, approve an additional $90,000 for projected overtime and other costs not covered by the grant funds and authorizing the City Manager to accept the $250,000 grant, if awarded.
Prepared
by:
Review
ed by:
Approved by:
Beth Lyons-McCarthy, Support Operations Division Manager Sekou Millington, Chief of Police
Karin Schnaider, Director of Finance
Midori Lichtwardt, Assistant City Manager
Michael Rogers, City Manager
APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY CITY COUNCIL
RESOLUTION 2022- _______________
AUTHORIZING THE SUBMISSION OF A UNITED STATES DEPARTMENT OF
JUSTICE COMMUNITY ORIENTED POLICING SERVICES GRANT APPLICATION FOR A PROJECTED AMOUNT OF $1,240,942 FOR THE HIRING OF TWO POLICE OFFICERS WITH THE PROJECTED CITY MATCH FUNDS OF $990,942, APPROVING AN ADDITIONAL $90,000 FOR PROJECTED OVERTIME AND OTHER COSTS NOT COVERED
BY THE GRANT FUNDS, AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE $250,000 GRANT, IF AWARDED
WHEREAS, the Tracy Police Department has learned of a grant funding opportunity through the United States Department of Justice (DOJ) Community Oriented Policing Services (COPS) office
with an award opportunity of $250,000, over a period of three (3) years; and
WHEREAS, The City of Tracy is in need of additional police officers due to the growing population, increased calls for service related to quality of life issues, and new enforcement measures for cannabis compliance and commercial
traffic enforcement; and
WHEREAS, Add
itional officers will address community needs and will support City Council strategic priorities for both Public Safety and Quality of Life by promoting a responsive public safety program to include increased civic engagement, partnerships, community involvement, education, prevention, intervention, and suppression; and WHEREAS, The gran
t award would provide aid in funding two (2) sworn police officer positions, which would increase the number of officers available to respond to calls for service, address quality of life issues within the community, and assist with the Police Department’s focus on
commercial traffic enforcement; and
WHEREAS, The grant award requires that the City match the federal funding with $990,942,
spread over the three (3) years of the grant term; and
WHEREAS, The City’s projected match funds of $990,942 incorporates all salary and benefits
for the two (2) officers to include step increases; and WHEREAS, An additional $90,000 is needed for projected overtime and other costs not covered by the grant funds; now, therefore, be it
RESOLVED: That the City Council of the City of Tracy hereby authorizes the submission of a United States Department of Justice Community Oriented Policing Services grant application for a projected amount of $1,240,942 for the hiring of two (2) police officers with the projected City match funds of
$990,942, approving an additional $90,000 for projected overtime and other costs not covered by the grant funds, and authorizing the City Manager to accept the $250,000 grant, if awarded.
* * * * * * * * *
* * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on June 7, 2022, by the following vote:
AYES: COUNCIL M
EMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YO
UNG
Mayor of the City of Tracy, California
ATTEST:
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of
the City of Tracy, California
Resolution 2022-
June 7, 2022
AGENDA ITEM 1.E
REQUEST
APPROV
E A PROFESSIONAL SERVICES AGREEMENT WITH VERONICA TAM
AND ASSOCIATES, INC. FOR THE HOUSING ELEMENT UPDATE
EXECUTI
VE SUMMARY
State
law requires an update of the City’s Housing Element by December 31, 2023. City staff recommends that the City Council approve an Agreement with Veronica Tam and Associates, Inc. to work with the City to prepare the Housing Element Update.
DISCUSS
ION
In acco
rdance with Government Code Section 65588, the City of Tracy’s General Plan Housing Element should be reviewed and revised by December 31, 2023. This periodic update is required every eight years.
On Dece
mber 14, 2021, the City published a Request for Proposals for the Housing Element update in order to retain a qualified consultant to prepare the update and guide the City through the State Department of Housing and Community Development (HCD) review process. Two proposals were submitted, with consultant service cost estimates of $209,570 and $325,502.
The proposal
submitted by Veronica Tam and Associates, Inc. (VTA) best demonstrates the competence and professional qualifications necessary for the preparation of the Housing Element update. Michael Baker International will be a sub-consultant to VTA to provide technical analysis and CEQA clearance. VTA is an effective, highly regarded consulting firm focusing on housing planning and community development. They successfully completed nearly 60 Housing Elements for jurisdictions throughout California in the previous round, including the City of Tracy’s, acquiring a deep familiarity with Tracy’s housing issues, including the City’s Growth Management Ordinance. For the current update cycle, VTA has worked on over 30 Housing Elements, so far, developing valuable experience in navigating HCD’s interpretation of new State laws.
The proposed
Housing Element update scope of work is contained in the proposed Professional Services Agreement (PSA), Attachment A. As required by State Housing Law (Government Code Section 65580 - 65589.11), the project will include community outreach and engagement; a housing needs analysis; identification of housing resources and opportunities, a housing constraints analysis; an update to housing goals, policies and objectives; Planning Commission and City Council workshops and hearings; and preparation of the Housing Element.
The cost
estimate for VTA’s consultant services is $209,570. These consultant costs will be paid by grant funds awarded to the City by the State HCD during the past year. The cost estimate assumes limited CEQA review that would tier off existing environmental documents, no major land use designation changes to accommodate the Regional Housing Needs Allocation (RHNA), and no separate technical analyses such as traffic or Agenda Item 1.E
June 7, 2022
air
quality. If a CEQA Negative Declaration is required, as anticipated, an additional $2,598 will be required for San Joaquin County Clerk and Department of Fish and Wildlife filing fees. If rezoning property (and amending the General Plan designation) or additional related CEQA documentation becomes necessary to achieve the City’s required land inventory of available sites for housing, additional City costs may be required.
STRAT
EGIC PLAN
Whil
e required by State law, this Housing Element update also relates to the City’s Economic Development Strategy, Goal Number 6: Pursue smart growth strategies for balanced growth in the City.
FISC
AL IMPACT
Wit
hin the past year, the City of Tracy was awarded State SB 2 (Senate Bill 2), LEAP (Local Early Action Planning), and REAP (Regional Early Action Planning) grant funds totaling $797,075. The grants are available for planning projects related to supporting housing development. The funds have been budgeted for the City’s Transit-Oriented Development/Downtown Specific Plan Project ($350,000), workforce/affordable housing regulation and policy updates ($200,000), and the update of the General Plan Housing Element (up to $247,075). Sufficient revenue is available through these grants to pay the estimated consultant costs of the proposed PSA ($209,570) and the CEQA filing fees ($2,598). City staff time and costs for this project are included in the Development Services Department budget.
RECOM
MENDATION
Staff r
ecommends that the City Council approve the Professional Services Agreement with Veronica Tam and Associates, Inc. to complete the Housing Element Update project.
Prepar
ed by: Alan Bell, Senior Planner
Revie
wed by: Bill Dean, Assistant Director of Development Services Karin Schnaider, Director of Finance
Midori Lichtwardt, Assistant City Manager
Approv
ed by: Michael Rogers, City Manager
ATT
ACHMENTS
Att
achment A – Veronica Tam and Associates Proposed Professional Services Agreement City of Tracy -- Professional Services Agreement with Veronica Tam and Associates
CITY OF TRACY
PROFESSIONAL SERVICES AGREEMENT WITH
Veronica Tam and Associates Housing Element Update
This Professional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and Veronica Tam and Associates, Inc. a California Corporation (Consultant). City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recitals
A. Government Code Section 65588 requires periodic review and revision to the City’s General Plan Housing Element, the next update, of which, is due by December 31, 2023.
B. On December 14, 2021, the Development Services Department published a Request for Proposals for the Housing Element Update project and subsequently received two timely proposals.
C. The proposal submitted by Consultant best meets the City’s needs by demonstrating the competence and professional qualifications necessary for the satisfactory performance of the Housing Element Update project.
D. After negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.
E. State grant funds previously awarded to the City (SB 2, LEAP, and REAP grants) will fund the consultant costs of this Agreement.
Now therefore, the Parties mutually agree as follows:
1. Scope of Work. Consultant shall perform the services described in Exhibit “A” attached and incorporated by reference. The services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative: Veronica Tam. Consultant shall not replace its Authorized Representative, nor shall Consultant use or replace any subcontractor or subconsultant, without City’s prior written consent. A failure to obtain the City’s prior written consent for any change or replacement in personnel or subcontractor/subconsultant may result in the termination of this Agreement.
2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall begin performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.
2.1 Term. The term of this Agreement shall begin on May 18, 2022 and end when all work is completed as described in Exhibit “A”, unless terminated in accordance with Section 6.
3. Compensation. City shall pay Consultant on a time and expense basis, at the billing rates set forth in Exhibit “B,” attached and incorporated by reference for services performed under this Agreement.
Attachment A
City of Tracy -- Professional Services Agreement with Veronica Tam and Associates
3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement shall not exceed $209,570. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City’s prior written approval.
3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.
3.2.1 If Consultant is providing services in response to a development application, separate invoice(s) must be issued for each application and each invoice shall contain the City’s designated development application number.
3.2.2 Consultant’s failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.
3.3 Payment. Within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s) and approved by the City.
4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Consultant’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.
In this section, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
(The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)
The provisions of this section survive completion of the services or the termination of this Agreement, and are not limited by the provisions of Section 5 relating to insurance.
5. Insurance. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.
5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $2,000,000 general aggregate and $1,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.
5.2 Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.
5.3 Workers’ Compensation coverage shall be maintained as required by the State of California.
5.4 Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.
5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:
5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”
City of Tracy -- Professional Services Agreement with Veronica Tam and Associates
5.5.2 For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.
5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.
5.7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.
5.9 Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.
5.10 Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.
6. Termination. The City may terminate this Agreement by giving ten days’ written notice to Consultant. Upon termination, Consultant shall give the City all original documents, including preliminary drafts and supporting documents, prepared by Consultant for this Agreement. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.
7. Dispute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
7.1 Each Party shall designate a senior management or executive level representative to negotiate the dispute;
7.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
7.3 If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.
7.4 The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person as mediator, shall be commenced within thirty (30) days and shall be concluded within fifteen (15) days from the commencement of the mediation.
7.5 The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
7.6 The dispute resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.
8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the City of Tracy -- Professional Services Agreement with Veronica Tam and Associates
completion of Consultant’s services, or upon demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City’s prior written consent.
9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.
Consultant is not City’s employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City.
Consultant, and its agents or employees, are not entitled to City benefits.
10. Conflicts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant’s conflicting interest.
11. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.
To City: To Consultant:
City of Tracy Veronica Tam and Associates
Attn: Alan Bell, Senior Planner Veronica Tam
333 Civic Center Plaza 107 S. Fair Oaks Ave., Ste 212
Tracy, CA 95376 Pasadena, CA 91105
With a copy to:
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
13. Miscellaneous.
13.1 Standard of Care. Unless otherwise specified in this Agreement, the stan dard of care applicable to Consultant’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.
13.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
City of Tracy -- Professional Services Agreement with Veronica Tam and Associates
13.3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s written consent. Any attempt to do so will be void.
City’s consent to one assignment shall not be deemed to be a consent to any subsequent assignment.
13.5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.
13.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.
13.6.1 Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
13.6.2 Non-discrimination. Consultant represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
Consultant shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).
13.7 Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended corporation. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.
13.8 Business License. Before the City signs this Agreement, Consultant shall obtain a City of Tracy Business License. Consultant shall maintain an active City of Tracy Business License during the term of this Agreement.
13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
13.10 Construction of Agreement . Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.
13.11 Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.
13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, and Consultant’s proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant’s proposal (if any), the Exhibits shall control.
13.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed. This City of Tracy -- Professional Services Agreement with Veronica Tam and Associates
Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.
14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.
[SIGNATURES ON FOLLOWING PAGE]
City of Tracy - Professional Services Agreement with Veronica Tam and Associates The Parties agree to the full performance of the terms set forth here.
City of Tracy Consp /4.-....-Si:::
By: Veronica Tam
Title: President
Date: 5//tJ /,Ztl Z-2.
Federal Emp yer Tax ID No. 45-5376486
By: Michael Rogers
Title: City Manager
Date:__________
Attest:
Adrianne Richardson, City Clerk
Approved as to form:
Bijal M. Patel, City Attorney
Exhibits:
By: Veronica Tam
Title: Secretary
Date: £/1?1 (21' 2. 2-
A
B
Scope of Work, including time of performance (See Agreement sections 1 and 2.) Compensation (See Agreement section 3.)
City of Tracy
6th Cycle Housing Element Update
107 S. Fair Oaks Avenue, Suite 212 P (626) 304-0440
Pasadena, CA 91105 F (626) 304-0005
II. Summary - Scope of Work and Approach
Task 1 – Project Management and Coordination
Task 1.1 - Project Kickoff Meeting (Virtual)
At the Project Kickoff Meeting, VTA-MBI team (Project Team) will attend a teleconference meeting with City staff to review and refine the scope of work, discuss expectations, assumptions, collect information sources, and go through the project schedule and work plan for carrying out the work.
This will include a discussion and evaluation of the data and analyses available to help support the Housing Element update including from County or regional agencies.
Task Deliverables:
» VTA and MBI
» Materials for Kickoff Meeting with City via web conference Task 1.2 - Project Management, Coordination, and Quality Control We will conduct teleconference meetings twice per month to discuss progress and potential issues, to ensure we are on track to meet the December 2023 deadline.
Task Deliverabl
es:
» VTA and MBI
» Summary of notes from twice per month coordination meetings with City staff via virtual platforms
Task 2 – Community Outreach and Engagement
One of the most critical aspects of the Housing Update Element process is the importance of the public participation process. The Housing Element, and the newly added AFFH analysis in particular, relies heavily upon local knowledge to supplement and better understand the data and housing issues at hand, as well as, creating the programs that work best to serve local and regional needs.
The Project Team also recognizes the importance and significance of involving those hard-to-reach groups and special needs populations, such as persons experiencing homelessness, elderly residents, single-parent households, non-English spea king individuals, persons with disabilities, and racial/ethnic minority families. Our strategy for public participation includes using multiple forms of outreach and offering a variety of options for community members to engage and share information about their neighborhoods and experiences. We have outlined a general approach for the Housing Element public outreach process below, which will be further refined with key City staff.
What’s New?
AB 686 (Affirmatively Furthering Fair Housing) passed in 2017 requires that the outreach activities be informed by AFFH characteristics.
Task 2.1 - Joint Planning Commission/City Council Study Session (1) The State of California has passed several laws that have dramatically changed the landscape of housing planning. For local communities, these laws are complicated, confusing, and/or are so new that the impact is uncertain. Some of these laws have strict requirements and limit the ability of local Exhibit A
City of Tracy
6th Cycle Housing Element Update
107 S. Fair Oaks Avenue, Suite 212 P (626) 304-0440
Pasadena, CA 91105 F (626) 304-0005
jurisdictions to customize planning policies to their own preferences. For these reasons, we will conduct an initial study session for the City Council so that information can be provided, vetted, and explored for its impact on the Housing Element.
Task Deliverables:
» VTA lead
» One in-person meeting
» Presentation materials
Task 2.2 - Online Housing Needs Survey
We will prepare an online community housing n eeds survey, which is another key method to obtaining valuable information. The survey has the advantage of occurring over a longer period, includi
ng bracketing other engagement events to provide more input and follow-up comments. The survey i
s recommended to be relatively simple to encou rage participation, and would focus on identi
fying housing needs, opportunities, issues, priorities, and recommended policies. We recommend the survey be kept open throughout the engagement period covering development of the housing element up to and including the public review periods. It would close before public heari
ngs on the draft elements or can be modified to collect comments on the public review draft.
To help reach priority populations, such as low-income families, non-English speaking individuals, and lar
ge and multigenerational families, the Project Team will work with the City to collaborate with local nonprofits, City departments, and agencies to distribute marketing materials and the survey to their clients.
Task Deliverables:
» VTA lead
» Online Housing Needs Survey (English and Spanish)
Task 2.3 - Stakeholder Interviews (up to 15 interviews) Engagement of and input from local advocacy grou ps, minority and special needs populations, and developers are important to the Housing Element Update and will be required by HCD. We recommend engaging them early in the update process to receive feedback. The Project Team will work with the City to conduct up to 15 one-on-one interviews to discuss the Housing Element Update and receive feedback on constraints and opportunities in Tracy. We will work closely with City staff to identify stakeholders that represent a broad cross-section of the community so that the consultation list includes market rate developers, affordable housing developers and fair housing advocates, and community-based organizations.
Task Deliverables:
» VTA and MBI
» Summary of interviews
City of Tracy
6th Cycle Housing Element Update