Agenda — Willits City Council, September 13, 2023

111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org

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WILLITS CITY COUNCIL
AGENDA
SEPTEMBER 13, 2023 | 6:30 PM | CITY COUNCIL CHAMBERS

1. OPENING MATTERS
a. Call to Order. | b. Pledge to Flag. | c. Roll Call.

2. PUBLIC COMMUNICATIONS
The City Council welcomes participation in its meetings. Comments shall be limited to three (3) minutes per person so that everyone has an opportunity to address the Council. To expedite matters and avoid repetition, whenever any group of persons wishes to address the Council on the same subject matter, the Mayor may request the group appoints a spokesperson. This item is limited to matters under the jurisdiction of the City Council, which are not on the posted agenda. Public criticism of the City Council, Commission, Boards and Agencies will not be prohibited. The City Council will take no action.

3. PUBLIC MATTERS
a. Mendocino County Third District Update – County Supervisor, John Haschak.

4. ENACTMENT OF ORDINANCES
a. None.

5. CONSENT CALENDAR
The City Council considers matters listed under the Consent Calendar as routine. The Council will take action with a single motion and roll call vote. A Councilmember may request the removal of an item(s) from the Consent Calendar for separate discussion and subsequent action.

The following items as presented are before the City Council for approval or denial:
a. City Council Minutes:
i. August 23, 2023

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. None.

7. COMMISSIONS, AGENCIES AND AUTHORITIES
The Willits City Council meets concurrently as the City of Willits Planning Commission & City of Willits Successor Agency.

8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Adopt a Resolution Approving a Non-Binding Memorandum of Understanding (MOU) Between the City of Willits and the Sherwood Valley Band of Pomo Indians Regarding Water Service Extension.
b. Introduction of James Conner as the Interim Chief of Police. c. Verbal Reports – No Action.

Willits City Council Agenda – September 13, 2023.

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i. Harvest Moon Celebration Main Street Closure Update.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Adopt a Resolution to Approve an Amendment to the Agreement with Springbrook Software to Acquire an Enhancement to the Springbrook System Allowing Bill Payment and Additional Utility Billing Function.

Presenting Staff Member: Manuel Orozco, Finance Director. b. Discussion and Possible Action on the Caltrans Proposed Willits Main Street Safety Enhancement Project.

Presenting Staff Member: Dusty Duley, Community Development Director. c. Revisiting City Adopted Plans: A Presentation and Summary of the Main Street Corridor Enhancement Plan, Adopted by City Council in 2017.

Presenting Staff Member: Dusty Duley, Community Development Director. d. Adopt a Resolution to Approve a Revised Personnel, Policies and Procedures Manual that Establishes Guidelines for all City of Willits Employees to Follow as a Condition of Employment, Effective September 14, 2023.

Presenting Staff Member: Karen Stevenson, Human Resources Manager.

10. DEPARTMENT MONTHLY REPORTS – (presented at the second meeting of each month) a. None.

11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS

12. GOOD & WELFARE

13. CLOSED SESSION NOTICE
a. None.

14. ADJOURNMENT
Right to Appeal - Persons who are dissatisfied with the decisions of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the Code of Civil Procedure, which generally limits to 90- days, the time within an individual and/or entity may judicially challenge the decisions of the City Boards and Agencies.

I hereby certify under penalty of perjury under the laws of the State of California that I posted the foregoing Agenda on the bulletin board at the main entrance of the City of Willits City Hall, located at 111 East Commercial Street, Willits, California, not less than 72 hours prior to the meeting set forth on this Agenda.

Dated this 8th day of September 2023.

Delores Pedersen, City Clerk
Americans with Disabilities Act (ADA) Compliance
If you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (707) 459-7121 or Fax (707) 459-1562. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring the implementation of reasonable accommodations to provide accessibility to the meeting. Our meeting room is wheelchair accessible and ADA parking is available.

Additional Meeting Information for Interested Parties
Materials related to an item on this Agenda submitted to the Willits City Council, Planning Commission, or Community Development Agency after distribution of the agenda packet are available for public inspection at City Clerk’s office at 111 E. Commercial Street, Willits, during normal business hours, Monday through Thursday 9 AM to 5:30 PM. 111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

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WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, AUGUST 23, 2023
Mayor Kanne called a regular meeting of the City Council to order at 6:30 p.m., in Council Chambers. The meeting was preceded by the pledge to the flag.

Roll Call: Councilmembers Madge Strong, Larry Stranske, Saprina Rodriguez, Vice Mayor Gerardo Gonzalez and Mayor Greta Kanne were present.

Also present were staff members: Brian Bender, City Manager; Cathy Moorhead, Assistant City Manager; Jim Lance, City Attorney; Manuel Orozco, Finance Director; Scott Herman, Utilities Superintendent; Dusty Duley, Community Development Director; Karen Stevenson, Human Resources Manager; Olivia Grupp, Services Facilities Director; Fabian Lizarraga, Police Chief; and Delores Pedersen, City Clerk.

2. Public Communications
 Brittney Ponikvar-Dolney Willits Police Officer Association (WPOA) President – Read a statement expressing a vote of no confidence of City Manager Bender by the Willits Police Officer Association.
 Mark Walker brought up concerns about the speed of vehicles on Central Ave.  Larry Aguilera inquired about the air raid alarms that the city used to have, and asked why they are no longer used.

3. Public Matters
a. Little Lake Fire Protection District – Update is available in the agenda packet.

Public Comment: None presented.
b. Presentation and Discussion of the Caltrans Willits Bicycle Safety Enhancement and Road Diet Project on State Highway 20.

Andreas Krause, Project Sponsor of Caltrans presented a Power Point on the Project.

Public Comment: Citizens of the community spoke in opposition to and in favor of the Caltrans Willits Bicycle Safety Enhancement and Road Diet Project. Concerns that were expressed were: Increase in traffic, more data needed, study was done during Covid and included counts of vehicles that go to the north side of town, not enough notice was given to the City and its citizens.

The council expressed their concern over the lack of communication that has taken place.

They all would have liked this to have been started six months ago.

Council gave direction to City Manager Bender bring the Willits Bicycle Safety Enhancement and Road Diet back to the next City Council meeting of September 13, 2023, for formal action.

Willits City Council Minutes of August 23, 2023 Page 2 of 5 Mayor Kanne called for a recess at 8:26 pm. The meeting was reconvened at 8:35 pm.

Mayor Kanne opened the Public Hearing at 8:35 pm.
c. PUBLIC HEARING - Regarding the Closeout of the State Community Development Block Grant that Funded the City of Willits Business Assistance Loan Program.  Dusty Duley, Community Development Director gave a report of what was accomplished with the State Community Development Block Grant. The City of Willits was awarded $541,551 in grant funds through the Coronavirus Aid, Relief, and Economic Security (CARES) Act, this was distributed through the Community Development Block Grant (CDBG) Program, $470,000 was activity funds, this was used to assist small businesses within Willits. $71,000 was used for grant administration. Of the thirteen businesses that received loans through the program, the loan helped create six jobs and retain seventy-three in our community. The State allowed the city to set the loans up to be 100% forgiven provided that the businesses retained their employees for the three months after the loan was awarded. All businesses that received loans had them forgiven.

Mayor Kanne thanked Community Development Director Duley for bringing this grant money to the City of Willits for the benefit of our business community.

Public Comment: None presented.

Mayor Kanne closed the Public Hearing at 8:40 pm.

4. Enactment of Ordinances
None presented.

5. Consent Calendar
The following item(s) are recommended for approval or denial, as follows:
a. City Council Minutes:
i. August 9, 2023.

Public Comment: None presented.

Moved by Rodriguez/Seconded by Gonzalez and carried unanimously to approve Consent Calendar item(s) (a).

6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. None presented.

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations+
a. Resolution to Terminate the Declaration of a Local Emergency for the Coronavirus (Covid-19) Pandemic.

Public Comment: None presented.

Willits City Council Minutes of August 23, 2023 Page 3 of 5 Moved by Gonzalez/Seconded by Rodriguez and carried unanimously to adopt Resolution No. 2023-52 terminating the declaration of a local emergency for the Coronavirus (Covid-19) Pandemic effective August 23, 2023. b. Verbal Reports – None presented.

9. Department Recommendations (Action Items)
a. Presentation of Prospective Rural Communities Housing Development Corporation (RCHDC), Haehl Creek Village Housing Project at 275 and 285 Margie Drive.

Presenting staff member: Dusty Duley, Community Development Director.

Daniel MacEntire, Chief Operations Officer of RCHDC gave a Power Point presentation on the project.

Public Comment: Mark Walker asked if there would be any kind of onsite security at the housing complex. Daniel MacEntire commented that RCHDC provides onsite security cameras. RCHDC cannot guarantee that they will be free of problems, but they do address them.
b. Adoption of a Resolution Establishing the Appropriations Limit for the 2022-23 Fiscal Year, Pursuant to Article XIIIB of the Constitution of the State of California.

Presenting staff member: Manuel J. Orozco, Finance Director/City Treasurer.

Public Comment: None presented.

Moved by Strong/Seconded by Gonzalez and carried unanimously to adopt Resolution No. 2023-53 approving the appropriations limit for fiscal year 2022-23 pursuant to Article XIII B of the Constitution of the State of California.

c. Adoption of Resolution Establishing the Appropriations Limit for the 2023-24 Fiscal Year, Pursuant to Article XIIIB of the Constitution of the State of California.

Presenting staff member: Manuel J. Orozco, Finance Director/City Treasurer.

Public Comment: None presented.

Moved by Strong/Seconded by Gonzalez and carried unanimously to adopt Resolution No. 2023-54 approving the appropriations limit for fiscal year 2023-24 pursuant to Article XIII B of the Constitution of the State of California.

10. Department Monthly Reports
a. Airport – No further comments.

Mayor Kanne expressed her appreciation of the mentioning of all Fire Extinguishers being inspected at the Airport. Many forget how much it takes to maintain facilities. She expressed her thanks for the inclusion of even the small details. b. Community Development Department – No further comments. c. Engineering - No further comments.
c. Finance - No further comments.
d. Police Department
Willits City Council Minutes of August 23, 2023 Page 4 of 5 Police Chief Lizarraga announced that he will be leaving his position effective September 7, 2023. Chief Lizarraga wanted to let the community know it has been a privilege to lead the men and women of this Police Department. It has been a pleasure working with the City Department Heads. Chief Lizarraga thanked the community and everyone that supported the members of the Willits Police Department. e. Services and Facilities – The W. Mendocino Project is waiting for supplies to be received in order to begin.
f. Utilities – Olivia Grupp, Services and Facilities Director updated the council on the Maintenance Equipment Storage Facility at the Wastewater Treatment Plant. Mayor Kanne announced that the current Reservoir Capacity is at 90%. This shows a decrease in our water usage compared to July of 2022.

No action taken.

11. City Council Announcements, Communications and Reports Councilmember Strong
 Economic Development & Financing Corporation (EDFC) - Met but had nothing to report.
 Mendocino Solid Waste Management Authority (MSWMA) - Did not meet due to an error on the agenda when it was posted. Next meeting will be September 14, 2023.  Sonoma Clean Power – Next meeting is on October 5, 2023.

Councilmember Rodriguez
 Mendocino Council of Governments (MCOG) – Attended because the meeting was about mobility solutions with regards to Brooktrails, Hopland, Covelo, and Laytonville.

Councilmember Stranske
 Water/Wastewater Committee – Reported on the Equipment Maintenance Building at the Wastewater Treatment Plant.

Councilmember Gonzalez
 League of California Cities/Redwood Empire Division
 The Fortuna Police Department gave a presentation on their K9 Unit. The K9’s are being trained in Fentanyl Detection.
 There was a presentation by RWE on the Redwood Coast Offshore Wind Farm.  Presentation on Wildfire impacts on the California Insurance Market, from Yana Valachovic, County Director – Forest Advisor for the University of California Cooperative Extension in Humboldt and Del Norte Counties.  Water/Wastewater Committee
 Water Quality Self-Diagnostic Tool was discussed at the committee meeting and how it will help customers check if brown water is on their side of the meter or if it is on the City’s side.

Public Comment: None presented.

No action taken.

12. Good & Welfare
 Councilmember Strong – Art Walk on Saturday September 2, 2023.  Councilmember Gonzalez mentioned School is back in session and asked the community to slow down.

13. Closed Session Notice
None presented.

Willits City Council Minutes of August 23, 2023 Page 5 of 5

14. Adjournment
Mayor Kanne declared the meeting adjourned at 9:29 p.m. _____________________________
GRETA KANNE, Mayor
City Council for the City of Willits
ATTEST:
__________________________

DELORES PEDERSEN
City Clerk

Item No. 8a
Meeting Date: September 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT A RESOLUTION APPROVING A NON-BINDING MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF WILLITS AND THE SHERWOOD VALLEY BAND OF POMO INDIANS REGARDING WATER SERVICE EXTENSION.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 Minutes Summary of Request: The item returned to the City Council on August 9th when members asked the following questions: (1) If signing the MOU affects the City’s water rights? (2) If the Council has the ability to place the Tribe on a separate rate schedule? (3) If the Council can adjust future allocations? and (4) The implication of the sovereign nation status of Sherwood Valley? At the conclusion of the discussion, the Council elected to table the item to allow a representative from Sherwood Valley present to address the Council.

In consultation with Andrew Ramos, an attorney with Bartkiewicz, Kronick & Shanahan the City retains for water right matters, stated the MOU as configured, is acceptable especially as it is nonbinding. He continued by saying the Council can negotiate (or renegotiate) terms to any subsequent agreements.

Regarding water rights, Mr. Ramos’ response is less straightforward since there are several intersecting points.

Currently, the City’s has approval from the State Water Resources Control Board to supply areas delineated on a map filed with the Board. Scott Herman checked with the State Water Resources Control Board (SWRCB) and the agency acknowledged the map is a LACFo requirement and not a stipulation of SWRCB.

Notwithstanding the contradiction, the City is required to seek the necessary approvals when considering the possibility of supplying potable water beyond its corporate limits and/or sphere of influence.

Mr. Ramos’ interpretation of the City’s intent to supply any new services beyond the area shown on the said map is a violation of our water rights. However, he continues by noting the violation is technical in context and is common since most municipalities do not automatically update their maps as they go through the annexation process and/or decide to supply to nonincorporated properties. He continues by explaining the process to amend the maps is a significant investment in expense and time and as such, most cities decide to forego the process and accept the technical violation as a known risk or find alternative water source. For the City, alternative sources include the pre-1914 rights for Morris Reservoir and groundwater.

Mr. Ramos also remarked that the City is noncompliant with Outlet Creek release flows the City agreed to with the California Department of Fish & Wildlife (DFW) at the time of establishing Centennial Reservoir. If the City fulfilled its required release flows, at our existing production capacities, the City would encounter difficulties satisfying current demands and would be unable to consider additional requests. Mr. Ramos advises to seek a revised release requirement from DFW.

At this stage, staff recommends the Council to adopt the accompanying Resolution to enable Sherwood Valley to pursue funding opportunities with the acknowledgment that these requests have support from the City. That acknowledgment will strengthen their chances to secure funding. The expectation is that the City will leverage monies made available through Sherwood Valley’s efforts to conduct capacity studies of the reservoirs, assessment of the production and distribution systems to provide the capacity, and to determine the best method to modify the water rights for both supplying new users and responding to our water release obligation.

The fourth recital of the accompanying Resolution is a new entry as per the guidance of Mr. Ramos. The recital emphasizes the MOU is the initial phase of this process.

The remaining text is identical to the version first presented to the Council at the June 28th meeting.

The City Council is being asked to adopt the accompanying Resolution approving a Non-Binding Memorandum of Understanding (MOU) between the Sherwood Valley Band of Pomo Indians and the City regarding the supply of potable water.

A representative of Sherwood Valley approached staff regarding the feasibility of the city providing potable water to their fifteen-dwelling, residential development at Mitomkai Way and a proposed community center in the vicinity on a tract of land to the west side of Eastside Road.

The MOU allows both entities to explore the practicality of the request through coordination with various governmental agencies/units and pursue the necessary grant funding to support the project. The City will utilize grant funds to implement upgrades to the Water Distribution System to ensure its ability to supply current needs and needs estimated for the Sherwood Valley request.

The MOU contains a provision that allows either entity to forsake any further participation with the MOU if they consider it is in their best interest to do so.

The Water & Wastewater Committee reviewed the MOU at their May 18th meeting. The Committee found no concerns with the MOU as presented and agreed to advise the City Council to adopt.

Josh Gravier, the Tribal Administrator only requested updates to the agreement’s designated signatories.

Recommended Action: Adopt the accompanying Resolution and authorize the City Manager to sign the MOU.

Alternative(s): None recommended.

Fiscal Impact: The fiscal effect is minimal at this initial phase as the City’s commitment consists of assisting Sherwood Valley staff and their consultants as they pursue funding to support the project. The City Council must provide approval to continue with subsequent project obligations and at that time, staff will provide a thorough fiscal analysis of a proposed project.

Personnel Impact: Staff time coordinating with the various assigned to the project. 2021 Adopted Goals: This item supports Goal #1 for Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs.

California Environmental Quality Act: The signing of the MOU does not trigger a review.

BETWEEN THE CITY OF WILLITS AND

THE SHERWOOD VALLEY BAND OF POMO INDIANS

REGARDING WATER SERVICE EXTENSION
This Non-Binding Memorandum of Understanding ("Agreement") is entered into as of ____________(the “Effective Date”), by and between the City of Willits (the "City") and the Sherwood Valley Band of Pomo Indians (the "Tribe") (referred to herein collectively as "the Parties" and as to each as a "Party"). The terms "City" and "Tribe" as used herein shall include the Parties' governmental entities, departments and officials unless otherwise stated.

RECITALS
WHEREAS, the Tribe owns land southwest of the City of Willits, which is held in federal trust, (referred to herein as the “Tribal Property”); and
WHEREAS, the Tribal Property is currently developed with a residential development and the Tribe proposes the construction of a new community center (referred to herein collectively as the “Development”); and
WHEREAS, the Development requires potable water services; and WHEREAS, the Tribe has requested potable water from the City by extending service to the Development (referred to herein as the “Project”); and
WHEREAS, both Parties agree it is in their best interests to mutually define the Development as a viable project and pursue funding opportunities to support the required infrastructure upgrades; and
WHEREAS, the City has provided services to the Tribe on other federal trust land in the past; and WHEREAS, the Mendocino County Local Agency Formation Commission (referred to herein as “LAFCO) has previously approved of the City providing water and sewer services to federal trust land west of they City; and
WHEREAS, the Tribe has agreed to initiate coordination with LAFCO in an effort to obtain approval of the Project; and
WHEREAS, the City and the Tribe seek to work together to expand potable water services to the Development, consistent with the aims of the Project; and WHEREAS, the Parties have agreed that the Tribe will seek funding for the Project and implement the Project at its sole cost and expense; and
WHEREAS, the City will use received funding to improve its water production and distribution system to ensure its capacity to supply the Development and future community needs; and 2 WHEREAS, this MOU is not intended to create a binding agreement between the parties, but instead is simply a non-binding statement reflecting the present intentions of the Parties to proceed in good faith as described herein. Each Party has the right to terminate this MOU and to cease the intent of this MOU at any time if a Party determines that it is not to the party's advantage.

AGREEMENT

1. RECITALS
The above recitals are true and correct and incorporated into this Agreement as though stated herein.

SIGNATURES ON FOLLOWING PAGE
3 IN WITNESS WHEREOF, this Agreement is executed by the City and the Tribe as of the Effective Date.

CITY TRIBE
City of Willits Sherwood Valley Band of Pomo Indians
a California Municipal Corporation
By:_________________________ By:_________________________ Brian P. Bender, Hazel Ramirez,
City Manager Sherwood Valley Chairwoman
Date: _______________________ Date: _______________________

ATTEST: ATTEST:

By: ___________________________ By: ___________________________ Delores Pedersen, Buffey Bourassa,
City Clerk Tribal Secretary
APPROVED AS TO FORM:

By ________________________________
Jim Lance, City Attorney

Resolution No. 2023- September 13, 2023
RESOLUTION NO. 2023-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO APPROVE A NONBINDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WILLITS AND

THE SHERWOOD VALLEY BAND OF POMO INDIANS REGARDING WATER SERVICE

EXTENSION AUTHORIZING THE CITY MANAGER TO SIGN SAID MEMORANDUM OF UNDERSTANDING.

WHEREAS, the City of Willits operates a municipal water system and currently provides potable water to accounts outside its incorporation limits; and WHEREAS, the Sherwood Valley Band of Pomo Indians has a fifteen-dwelling, residential development at Mitomkai Way and is proposing a community center in the vicinity on a tract of land to the west side of Eastside Road; and
WHEREAS, the Sherwood Valley Band of Pomo Indians inquired if the City of Willits is willing and has the capacity to supply potable to the residential development and the proposed community center due to limitations with sourcing groundwater to sustain these uses; and WHEREAS, the City of Willits fully acknowledges this MOU is the initial phase of a process to supply potable water beyond its incorporation limits and will continue to seek consultation of how to proceed to ensure compliance with all applicable statutes; and WHEREAS, the Sherwood Valley Band of Pomo Indians agrees to pursue funding to delineate and implement the project at its sole cost and expense; and WHEREAS, the City of Willits will apply received funding to accommodate the request by upgrading its water production capacity and extend supply mains to the subject sites; and WHEREAS, both entities acknowledge this Memorandum of Understanding is nonbinding and either entity may forsake any further participation if they consider it is in their interest to do so.

NOW, THEREFORE, the City Council of the City of Willits agrees it is advantageous to coordinate with the Sherwood Valley Band of Pomo Indians to mutually define a viable project and pursue funding opportunities to support the required infrastructure upgrades by approving the attached Non-Binding Memorandum of Understanding and authorizing the City Manager to sign the said MOU.

The above and foregoing Resolution was introduced by Councilmember __________ seconded by Councilmember ____________ and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 13th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

Resolution No. 2023- September 13, 2023
______________________________
GRETA KANNE, Mayor
City Council of the City of Willits
ATTEST:
_______________________________

DELORES PEDERSEN
City Clerk
Item No. 9a
Meeting Date: September 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel Orozco, Finance Director
Agenda Title: ADOPT A RESOLUTION TO APPROVE AN AMENDMENT TO THE AGREEMENT WITH

SPRINGBROOK SOFTWARE TO ACQUIRE AN ENHANCEMENT TO THE SPRINGBROOK SYSTEM ALLOWING BILL PAYMENT AND ADDITIONAL UTILITY BILLING FUNCTION.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 Minutes Summary of Request: On February 22, 2023, the City approved a Resolution to migrate the financial software system from the ACS Governmental Financial Software it had been using since 1995 to a contemporary system provided by Springbrook.

Springbrook software system utilizes a module system, with the core supported by a Financial Software Enterprise Resource Planning (ERP) structure with options to add on more comprehensive modules to support human resources, financial analysis, payroll, and utility billing.

Although the system the City acquired has the basic system capabilities of accounts receivable, staff recognized that the complete utility billing module would align the use of multiple systems into one format.

This one format will accommodate online billing payments, a customer portal, and various other items to assist the customers that receive water services.

Implementation of the utility billing system has a cost of $40,002.50 with an annual product subscription fee of $11,464.01. These costs will be paid for through Measure K funding. Project implementation will commence upon the signing of this agreement.

Attached is the May 12th quote for your review.

Recommended Action: Staff recommends approving the accompanying Resolution to increase the budget and activate the utility billing module.

Alternative(s): None.

Fiscal Impact: Project Implementation is $40,002.50 with a yearly subscription fee of $11,464.01 Personnel Impact: None.
2021 Adopted Goals: This action sustains Goal #1 for Administration…Develop and implement a longrange Fiscal Sustainability Plan for City finances in order to promote the City’s economic health.

California Environmental Quality Act: Not applicable.

Manuel Orozco
City of Willits, CA
111 E. Commercial Street
Willits, California 95490
[email protected]
Bill To:

Manuel Orozco
City of Willits, CA
111 E. Commercial Street
Willits, California 95490
[email protected]
Account Manager E-mail Phone Number Payment Terms
Bea Williams [email protected] (503) 820-6272 Net 30 Annual Product Pricing
PRODUCT RATE QTY DISC (%) NET PRICE
Utility Billing Subscription USD 13,700.00 1 27.270 USD 9,964.01 Xpress Bill Pay Integration Subscription USD 1,500.00 1 0.000 USD 1,500.00 Annual Product Pricing Total: USD 11,464.01
Estimated Professional Services
PRODUCT DESCRIPTION RATE QTY DISC % NET PRICE
Standard Professional
Services
Standard Professional Services USD 220.00 250 27.268 USD 40,002.50 Estimated Professional Services Total: USD 40,002.50
Grand Total: USD 51,466.51
* excludes applicable sales tax

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Order Details
Customer Name: City of Willits, CA
Customer Contact: Manuel Orozco
Governing Agreement(s): This Order Form is governed by the applicable terms found at:

MSA: https://sprbrk.app.box.com/v/sprbrk-saas-terms
MLA: https://sprbrk.app.box.com/v/sprbrk-onpremise-terms Professional Services: https://sprbrk.app.box.com/v/sprbrk-svcs-terms Term(s): 3 Years
Utility Accounts Contracted for CivicPay
and Mobile Work Orders:
2,500
Order Terms
In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction. • This Order Form shall become effective as of the last date of signature (the "Effective Date"). • Order Start Date: Software Licenses, Subscriptions, Maintenance, and Hosting commence upon the earlier of a) date of delivery* or log-in to hosted software to Customer; or b) 60 days after Order Form Effective Date. • Subscriptions, Maintenance, Hosting, and Support (“Recurring Services”) continue from the Order Start Date through the term listed in this Order Form (or if not listed, one (1) year). • Orders for Recurring Services auto-renew unless the Customer or Springbrook provides a written notice of non-renewal at least sixty (60) days before the end of the Order Term. • Subscription Service fees and any Recurring Services will be subject to an automatic annual increase by not more than five percent (5%) of the prior year’s Subscription Service fees ("Standard Annual Price Increase").
• Any Software Licenses or Hardware are one-time non-refundable purchases. • CivicPay Online Subscription fee and CivicPay IVR Subscription fee are subject to increase at per account rate, based on actual accounts.
• CivicPay IVR Message Block Subscriptions expire upon the earlier exhaustion of the Message Block or twelve (12) months from the Order Start Date. Upon expiration, Message Blocks automatically renew. *The date of delivery of software to the Customer is the date the software is made available to the Customer, either by delivery of software or delivery of first log-in to a hosted environment, which may be either a test or production environment. This date of delivery is frequently earlier than the dates professional services are completed, the Customer completes user acceptance testing, the Customer distributes additional logins to end-users and the Customer go-live in a production environment.

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Invoice Timing and Delivery
Invoices are delivered electronically via e-mail to the billing contact on file for the Customer. Customer invoices are issued for the full amount of software and services purchased as follows:

Products Ordered Invoice Timing
Estimated Professional Services,
On-Site Professional Services, and
Travel Expenses*:

Monthly, in arrears for services in the prior month unless specified in Special Terms.

Fixed Fee Professional Services: The Effective Date of this Order Form unless specified in Special Terms.

Print Services and Transaction Fees: Monthly, in arrears for transactions in the prior month.

Hardware and One-Time Licenses: Upon the Effective Date of this Order Form.

Software Licenses, Subscriptions,
Maintenance,
and Hosting (New):

Annually in advance upon Order Start Date.

Software Licenses, Subscriptions,
Maintenance, and Hosting
(Renewal):

Sixty (60) days in advance of the Order Start Date.

Software Subscriptions, Maintenance,
and Hosting (Add-Ons):

Upon delivery of the product, order will be pro-rated to sync with the existing anniversary billing date and will renew annually thereafter.

Software Subscriptions (Migrations): Upon delivery of the product, order will be synced with the existing anniversary billing date and will renew annually thereafter unless specified in the Special Order Terms. This order replaces and supersedes any previously executed order as it relates to the products listed within this order. Upon delivery of new product, customer will receive a prorated credit for any prepaid, unused maintenance fees that will be applied to the customer’s first invoice.
* Professional Services pricing is based on expected hours using Springbrook’s standard implementation methodology. Actual hours and billings may vary from this estimate. Please note that only when project costs exceed $5,000 of this estimate, a signed change order will be required to continue work. Changes under $5,000 will continue to be delivered and billed accordingly. On-site Professional Services will be subject to a daily minimum rate irrespective of hours on-site. All travel costs associated with on-site travel will be billed as incurred.

Special Order Terms
Special Order Terms (if any):

Page 3 of 4 ends

By signing, both parties agree to the terms and conditions set forth in this agreement. * If the Customer requires a PO number on invoices, the Customer must provide Springbrook with the PO number and a copy of the PO prior to invoice issuance. If a PO number is not provided prior to the invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.

Springbrook Holding Company, LLC Willits, CA - City of
Signature:_________________________ Signature:__________________________ Name (Print):________________________ Name (Print):________________________ Title:_______________________________ Title:______________________________ Date:_______________________________ Date:_______________________________ Purchase Order # (if required)________________________

Page 4 of 4 ends

Resolution No. 2023-__ Page 1 of 1 September ___, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING THE

ADDITION OF THE UTILITY BILLING MODULE TO THE EXISTING SPRINGBROOK SOFTWARE TO SUPPORT THE CITY’S INFORMATION MANAGEMENT FOR UTILITY BILLING.

WHEREAS, On February 22nd, the City approved an agreement with Springbrook Software Systems to support the needs of Finance, Human Resources and Utility Billing; and WHEREAS, Springbrook has an enhancement module that can better serve the needs of the utility billing customers by providing customer portal services, payment services and additional features that will help assist staff to gather accurate data from meter readings; and WHEREAS, staff recommends that the City approve the increase of the contract to include the addition of the Utility Billing Module as quoted in Exhibit A in the amount not to exceed $51,466.51 for the implementation and software subscription of the Springbrook Software Module.

NOW, THEREFORE, BE IT RESOLVED that the Willits City Council does hereby authorize and approve the addition of the Utility Billing Module for the Springbrook Software Systems, and authorizes the Finance director to increase appropriations for the implementation expense, and the subscription, including the transfer of Measure K funding, at a cost not to exceed $51,466.51. This amount equates to $40,002.50 for the base expense and an annual subscription fee of $11,464.01.

The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
__________________________
_________________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk

Item No. 9b
Meeting Date: September 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Dusty Duley, Community Development Director
Agenda Title: DISCUSSION AND POSSIBLE ACTION ON THE CALTRANS PROPOSED WILLITS MAIN STREET SAFETY ENHANCEMENT PROJECT.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 30 Minutes Summary of Request: The City Council will convene to discuss and act on the State Department of Transportation (Caltrans) proposed Willits Safety Enhancement Project on California State Highway 20/South Main Street. The purpose of this item is to consider a Resolution authorizing the issuance of a letter to Caltrans noting the Council’s lack of support for their proposed project.

Caltrans presented the project as a method to enhance safety and slow traffic along Highway 20 by implementing a "road diet" that would modify the road striping configuration to reduce the number of travel lanes and add Class II bike lanes. The extent of the project extends from Highway 20/South Main Street between its intersections with Oak Street and Alder Lane.

A public meeting was held on August 16th, followed by a City Council meeting on August 23rd, during which concerns, benefits, and potential impacts were discussed. At the conclusion of the August 23rd meeting discussion, the City Council directed staff to prepare a letter addressed to Caltrans District 1 noting the Council’s dissatisfaction and lack of support with the current project proposal.

The prepared letter, Attachment A, attempts to capture the sediments expressed by Council noting both gratitude for Caltrans’ dedication to enhancing safety and infrastructure in the community as well as acknowledging the City’s concerns and overall lack of support for the current project. Further, the letter recognizes the importance of the collaborative relationship between the City of Willits and Caltrans, while highlighting the need for an extended timeline for community engagement, refined data analysis, and a more comprehensive project approach when considering changes of this magnitude.

Attachment A: Letter from City Council Addressed to Caltrans.

Attachment B: Willits Safety Enhancement Project Conceptual Plans, provided by Caltrans.

Recommended Action: Adopt a Resolution disapproving of Caltrans’ current proposal for the Willits Main Street Safety Enhancement Project.

Alternative(s): None.

Fiscal Impact: None.

Personnel Impact: None.
2021 Adopted Goals: The Goals do not cover this topic.

California Environmental Quality Act: No action is necessary since the item is administrative in character.

As the stewards of our City, the Willits City Council has always prioritized the well-being and interests of our community members. The August 23rd Council meeting provided us with a vital opportunity to glean insights from our constituents regarding the proposed project. The feedback we received echoed concerns raised by our citizens and local businesses, encompassing the projected traffic impacts, potential for congestion, and existing challenges posed by the current traffic flow.

We deeply value the collaborative approach taken by Caltrans, and the intention to enhance safety in line with our City's long-term development goals. However, it has become evident that the proposed timeline for soliciting comments and public input was insufficient to foster comprehensive community engagement. The enthusiasm exhibited by our community underscores the significance of such projects, and we firmly believe that more time is needed to ensure a holistic and thoughtful approach to address these concerns. Further, we feel that that there might be limitations in the data and modeling utilized, leading to misrepresentations that merit further scrutiny. We believe that a thorough evaluation of these aspects is pivotal in fostering the most effective and impactful changes for our City.

We appreciate the aspirations behind the project, guided by Complete Streets concepts and design recommendations provided in the Willits Main Street Corridor Enhancement (WMSCE) Plan, and wish to maintain our support for this pivotal Plan. We recognize the WMSCE Plan as a prime example of successful public outreach and engagement. However, in upholding our commitment to prudent governance and serving our community's best interests, we also emphasize the significance of periodically monitoring adopted plans. The efficacy of design recommendations and their continued alignment with the evolving needs of our community are central to ensuring the enduring legacy of the WMSCE Plan.

CITY OF WILLITS Gateway to the Redwoods
111 E COMMERCIAL STREET, WILLITS CA 95490 • PHONE: (707) 459-4601 • FAX: (707) 459-1562 2 Moreover, the current Willits Safety Enhancement Project proposal appears to dissect an encompassing plan that would not only improve road safety but also encompass street improvements, beautification, and hardscape enhancements. While we recognize the scope constraints outlined under the HM4 program, we earnestly believe that the holistic integration of these components is paramount in creating a cohesive built environment that aligns with our City's vision.

We approach this letter with the utmost respect and understanding of Caltrans' commitment to our City's prosperity. Our intention is not to diminish the diligent work invested thus far but rather to propose a reconsideration of the project's current trajectory. Our City's unity and prosperity are paramount, and we firmly believe that an extended timeline for community engagement, refined data analysis, and a more comprehensive project approach will ultimately yield a project that garners broader support and stands as a testament to our shared commitment to our community's future.

The City of Willits eagerly anticipates the opportunity to forge an enduring partnership with Caltrans to bring our collective vision to fruition. We are committed to working closely and collaboratively to align our aspirations and strategies, ensuring that the project encompasses not only safety enhancements but also the holistic betterment of our City. Together, we can create a project that reflects the essence of Willits, addresses concerns, and embodies the aspirations of our community members. As we navigate this path forward, we are confident that our collaboration will lead to a project that resonates with the heart and soul of Willits and contributes to its continued growth and prosperity.

Thank you for your understanding, collaboration, and dedication to our shared goals. We look forward to the possibility of reimagining the project to create a brighter and more vibrant future for the City of Willits.

Sincerely,
Willits City Council
Greta Kanne, Mayor Gerry Gonzalez, Vice Mayor
Saprina Rodriguez Madge Strong
Larry Stranske
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0 Resolution No. 2023-__ September 13, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS ACKNOWLEDGING LACK

OF SUPPORT FOR THE CALTRANS PROPOSED WILLITS SAFETY ENHANCEMENT PROJECT ON STATE HIGHWAY 20/SOUTH MAIN STREET.

WHEREAS, the City of Willits, in collaboration with the Local Government Commission and North Coast Opportunities, Inc., successfully secured a Caltrans Sustainable Transportation Planning Grant to develop the Willits Main Street Corridor Enhancement Plan, with wide community support demonstrated by 42 letters of endorsement from local organizations, businesses, and leaders; and
WHEREAS, the Plan conceptualizes the implementation of a road diet on the Caltrans segment of South Main Street to remove two traffic lanes and accommodate sidewalk extensions, landscaping, bike lanes, shorter crosswalks, gateway treatments, reduced vehicular speeds, safer intersections and other structural and aesthetic components; and WHEREAS, the City Council adopted the Willits Main Street Corridor Enhancement Plan on December 6, 2016, establishing a comprehensive blueprint for the evolution of Willits' streets and ensuring alignment with the community's values and aspirations; and WHEREAS, the California Department of Transportation (Caltrans) received a copy of the Plan and hold ownership and maintenance responsibility for State Route 20 within the City limits; and
WHEREAS, Caltrans secured approximately $1.7 million in funding through the Caltrans Highway Maintenance 4 Safety (HM-4) Program proposed to implement a road diet to include removal of a travel lane in each direction, add bike lanes with buffers, upgrade crosswalks to enhanced modified continental style crosswalks, replace select roadside signs, and place microsurfacing throughout the project limits; and
WHEREAS, the HM-4 funds cannot be used to support upgrades to pedestrian facilities such as extended sidewalks, bulbouts, street trees, or other desired hardscape and softscape features; and
WHEREAS, Administrative conceptual plans for the proposed Road Diet were first received by City staff for review by Caltrans on August 1, 2023 with subsequent public draft plans released by Caltrans on August 14, 2023; and
WHEREAS, On August 16, 2023, an Open House held at the Little Lake Fire Department allowed community members to learn about the project and provide input on the proposed Willits Safety Enhancement Project; and
WHEREAS, subsequent to the Open House, the City Council, at the August 23, 2023 meeting, received a project presentation from Caltrans and held a public hearing to solicit input from the community; and
WHEREAS, the City Council acknowledges the concerns raised, holds the community's interests and wellbeing paramount, and places significant emphasis on the prudent utilization of resources and adherence to a comprehensive vision that encapsulates the aspirations of the citizens of Willits; and
WHEREAS, after thoughtful deliberation and mindful consideration of the feedback Resolution No. 2023-__ September 13, 2023
received from the community and stakeholders, the City Council deems it necessary to decline Caltrans’ current proposal for the Willits Safety Enhancement Project finding that the proposed timeline for soliciting comments and public input was insufficient to foster comprehensive community engagement, there may be limitations in the data and modeling undertaken to analyze anticipated traffic flow conditions and the project does not include a holistic integration of the components included in the Willits Main Street Corridor Enhancement Plan.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits as follows:

1. The City Council of the City of Willits, in recognition of the concerns and aspirations of the community, respectfully disapproves of Caltrans’ current proposal for the Willits Safety Enhancement Project.

2. The City Council acknowledges the dedication of Caltrans to enhancing the safety and infrastructure of our City and expresses its gratitude for the collaborative partnership shared between the City of Willits and Caltrans.

3. The City Council reinforces its support for the Willits Main Street Corridor Enhancement Plan, adopted on December 6, 2016, as a testament to a comprehensive, communitydriven vision for the future of our streetscape.

4. The City Council underscores the importance of continuous engagement, feedback, and periodic evaluation of adopted plans to ensure they remain aligned with the evolving needs and aspirations of the community.

5. The City Council encourages a future implementation of recommendations proposed in the Willits Main Street Corridor Enhancement Plan, grounded in enriched data, enhanced public engagement, and the cohesive realization of the collective vision for Willits' streetscape, and envisions these elements be executed holistically rather than incrementally, avoiding fragmentation as appropriate.

6. The City Council earnestly solicits the collaborative assistance of Caltrans to realize these endeavors in a mutually beneficial partnership.

BE IT FURTHER RESOLVED that the City Council of the City of Willits does hereby submit a letter to Caltrans informing the agency of their decision not to support the proposed Willits Safety Enhancement Project. The said letter is attached hereto to this Resolution as Exhibit A.

AYES:

NOES:

ABSENT:

Resolution No. 2023-__ September 13, 2023
ATTEST:
__________________________
_________________________________
GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk

Item No. 9c
Meeting Date: September 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Dusty Duley, Community Development Director
Agenda Title: REVISITING CITY ADOPTED PLANS: A PRESENTATION AND SUMMARY OF THE MAIN STREET CORRIDOR ENHANCEMENT PLAN, ADOPTED BY CITY COUNCIL IN 2017.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 30 Minutes Summary of Request: The purpose of this item is to present and revisit the adopted Main Street Corridor Enhancement Plan. The Plan, funded through a Caltrans Sustainable Transportation Planning Grant, serves as a pivotal blueprint for the transformation of Main Street in the City of Willits. The Plan’s purpose is to capitalize on the unique opportunity presented by the Caltrans Highway 101 bypass and relinquishment of Main Street from its intersection with State Highway 20 to the northern City limits.

The Plan identifies improvements that address motorized and non-motorized safety, traffic calming, pedestrian and bicycle improvements, lighting, landscaping, public art, and the creation of a streetscape that lends to the support of successful local businesses.

The Plan itself encompasses a comprehensive array of recommendations, ranging from the installation of iconic gateway monuments and dedicated bicycle lanes to robust pedestrian safety measures, electric vehicle charging stations, user-friendly wayfinding signage, bio-swales, pervious pavement, flow-through planters, a flourishing canopy of street trees, and inspiring art installations lining the Main Street Corridor.

Notably, the Plan received the prestigious Award of Excellence in 2017 from the California Chapter of the American Planning Association, marking a significant milestone for the City of Willits as the smallest jurisdiction ever to receive such recognition. The California Chapter praised the unparalleled level of community participation in the corridor visioning process, surpassing participation numbers typically seen in jurisdictions several times larger.

This presentation seeks to acknowledge the invaluable contributions of the community to the Plan's development, underscore the identified community needs that have shaped its recommendations, revisit the adopted recommendations for both the northern and southern sections of Main Street, and introduce what elements of the Plan have been implemented in the five years since its adoption.

While some Council members actively participated in its creation, ensuring that all members are acquainted with its content and objectives remains a priority. Staff intends to present a summary of the Plan and solicit feedback and recommendations from the community and Councilmembers.

A copy of the Main Street Corridor Enhancement Plan is available for review on the City website https://cityofwillits.org/DocumentCenter/View/352/Main-Street-Corridor-Enhancement-Plan.

Recommended Action: Accept the summary presentation from staff, solicit input from the public, and provide feedback and recommendations for continued implementation.

Alternative(s): None.

Fiscal Impact: None.

Personnel Impact: None.
2021 Adopted Goals: This item relates to the Goal #6...Continue implementation of the Main Street Corridor Enhancement Program, and Goal #11…Develop a program to increase public awareness of the City’s efforts to maintain and improve the City.

California Environmental Quality Act: As an informational item, it does not trigger any required reviews.

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Karen Stevenson, Human Resources Manager
Agenda Title: ADOPT A RESOLUTION TO APPROVE A REVISED PERSONNEL, POLICIES AND

PROCEDURES MANUAL THAT ESTABLISHES GUIDELINES FOR ALL CITY OF WILLITS EMPLOYEES TO FOLLOW AS A CONDITION OF EMPLOYMENT, EFFECTIVE SEPTEMBER 14, 2023.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 Minutes Summary of Request: The City Council authorized staff to work with a consultant to review and make appropriate updates and revisions to the City’s Personnel, Policies and Procedures Manual. This Manual contains a set of rules and regulations governing the hiring, management and assists supervisory employees to understand and execute our organization’s policies. The existing version dates to February 2009 at the time of the last review. The consultant’s review was based on the following principles:
• The primary users of the Personnel, Policies and Procedures Manual are department heads, managers, and supervisors.
• Not every situation requires a policy. Policies exist to provide guidance and direction in those situations that occur on a regular or frequent basis.
• Logical organization of policies is the best way to help people who are looking for specific answers in policy.

Department Heads reviewed drafts and submitted recommendations or comments to Human Resources.

Human Resources also presented drafts to the IBEW and POA for their review.

Significant Changes to the City of Willits Personnel, Policies and Procedures Manual include:

1. Clean up verbiage to coincide with Memorandums of Understanding negotiated between the City and recognized employee organizations and changes due to new laws.

2. Equal Employment Opportunity policy, including complaint procedures.

3. Addition of Policy Against Workplace Bullying.

4. Administration of the Personnel Program.

5. Recruitment, Applications and Selection.

6. Work Schedule and Attendance.

7. Classification Plan.

8. Employee Status.

9. Work Week, Attendance and Leave Benefits.

10. Employee Conduct and Discipline.

11. Drug and Alcohol-Free Workplace Policy.

12. Miscellaneous Provisions.

Recommended Action: Adopt the accompanying Resolution approving the revised Personnel, Policies and Procedures Manual that establishes guidelines for all City of Willits employees to follow as a Condition of Employment, effective September 14, 2023.

Alternative(s): None.

Fiscal Impact: None.

Personnel Impact: None.
2021 Adopted Goals: This item supports Task #1 under Administration’s Goal #3…Compose a Staffing Plan that satisfies Goal #3 as a means to chart current human resource needs and for the future. The intent of the plan is to maximize human resources within the constraints of available financial means.

California Environmental Quality Act: Not applicable.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ 12132126.19 WI001-015
City of Willits
Personnel Policies and Procedures Manual
Adopted by Resolution No. 2009-25
of the Willits City Council
on July 22, 2009
Amended on June 13, 2018. Council Adopted Resolution 2018-33 City of Willits
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Table of Contents
SECTION 1. PURPOSE, AUTHORITY AND COVERAGE.................................................... 1 Purpose and Delegation of Authority ............................................................................... 1 Coverage........................................................................................................................... 1 No Contract Created ......................................................................................................... 1 Conflicts with Other Provisions ....................................................................................... 2 Violation of the Policies ................................................................................................... 2 Severability....................................................................................................................... 2 Employee Acceptance of Policies and Revisions to Policies ........................................... 2 SECTION 2. FOUNDATIONAL POLICIES OF EMPLOYMENT .......................................... 3 Employment Standards .................................................................................................... 3 Conflicts of Interest .......................................................................................................... 3 Equal Employment Opportunity Policy ........................................................................... 3 Policy Against Discrimination, Harassment, and Retaliation .......................................... 4

2.5 Workplace Security ........................................................................................................ 17

2.5.2 Incident Reporting Procedures ................................................................................ 19

2.5.3 Investigation ............................................................................................................ 19

2.5.4 Prevention ............................................................................................................... 20

2.5.5 Follow Up and Disciplinary Procedures ................................................................. 20 Policy Against Workplace Bullying ............................................................................... 20 Employee Assistance Program ....................................................................................... 22 SECTION 3. ADMINISTRATION OF THE PERSONNEL PROGRAM .............................. 23 City Council ................................................................................................................... 23 City Manager .................................................................................................................. 23 Department Heads .......................................................................................................... 24 Personnel Records .......................................................................................................... 24 SECTION 4. RECRUITMENT, APPLICATION AND SELECTION .................................... 28 Fitness for Duty Examinations ....................................................................................... 28

4.1.2 Current Employees....................................................................................................... 28

4.1.3 Role of Health Care Provider ....................................................................................... 29 Access to Medical Information Regarding Fitness for Duty ................................................ 31

4.2.1 Potential Accommodations for Applicants or Employees with Disabilities ........... 32

4.2.3. Potential Accommodations for Employees Affected by Pregnancy and Related Medical Conditions ............................................................................................................... 33

4.2.4 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking ............................................................................................................... 33

4.2.5 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice ................................................................................................ 34 Commented [1]: We will need to fix the Table of Contents once this is finalized.

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Appointing Authority ..................................................................................................... 35 Vacancy Announcements............................................................................................... 35 Application Forms.......................................................................................................... 36 Background Check ......................................................................................................... 36 Disqualification of Applications .................................................................................... 36 Employment Examinations............................................................................................ 37 Eligibility Lists............................................................................................................... 37 Appointments................................................................................................................. 38 Residence Requirement .............................................................................................. 39 SECTION 5. WORK SCHEDULES AND ATTENDANCE................................................... 40 Work Schedules.............................................................................................................. 40 Meal Period .................................................................................................................... 40 Rest Period ..................................................................................................................... 40 Advance Request for Permission to Deviate from Regular Work Hours ...................... 40 Lactation Policy.............................................................................................................. 41 Outside Employment or Activity ................................................................................... 42

5.7 No Solicitation .................................................................................................................... 45 SECTION 6. CLASSIFICATION PLAN................................................................................. 48 General ........................................................................................................................... 48 Purpose........................................................................................................................... 48 Class............................................................................................................................... 48 Class Specifications........................................................................................................ 49 Administration of the Classification Plan ...................................................................... 49 Reclassification .............................................................................................................. 49 Employment Status ........................................................................................................ 50 SECTION 7. COMPENSATION PLAN.................................................................................. 53 General ........................................................................................................................... 53 Appointment Rate .......................................................................................................... 53 Compensation on Promotion.......................................................................................... 53 Compensation for Acting Appointments ....................................................................... 53 Compensation on Demotion........................................................................................... 54 Reemployment of Regular Employees........................................................................... 55 Reemployment of Temporary Employees...................................................................... 55 Merit Increases............................................................................................................... 55 Regular Appointment from Temporary Status............................................................... 56 Appointment to a Reclassified Position...................................................................... 56 Overtime Compensation............................................................................................. 57 Compensatory Time Off............................................................................................. 58 Miscellaneous Compensation..................................................................................... 59 Prohibited Salary Deductions..................................................................................... 60 Air Travel ................................................................................................................... 60 Lodging....................................................................................................................... 61 City of Willits
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Meal Allowance.......................................................................................................... 61 Telephone Reimbursement......................................................................................... 61 SECTION 8. EMPLOYEE STATUS ....................................................................................... 62 Probationary Period – Initial Appointments or Promotions........................................... 62 Probationary Period Length – Non Police Service......................................................... 63

8.2.1. Probationary Period Length – Police Service and Dispatchers .................................. 63 Regular Status – Initial Entry or Promotion................................................................... 64 Seniority ......................................................................................................................... 64 Transfers......................................................................................................................... 64 Separation....................................................................................................................... 65

8.6.1 Layoff...................................................................................................................... 66

8.6.2 Resignation ............................................................................................................. 68

8.6.3 Non-Disciplinary Separation .................................................................................. 68

8.6.4 Job Abandonment ................................................................................................... 69

8.6.5 Retirement............................................................................................................... 69

8.7 Employee Performance Evaluations .............................................................................. 69 SECTION 9. WORK WEEK, ATTENDANCE AND LEAVE BENEFITS............................ 72 Work Week .................................................................................................................... 72 Attendance...................................................................................................................... 72 Absence Control............................................................................................................. 72 Anniversary Date............................................................................................................ 73 Vacation ......................................................................................................................... 73 Catastrophic Leave Policy.............................................................................................. 75 Sick Leave ...................................................................................................................... 76 Family and Medical Care Leave .................................................................................... 80

9.8.18 Required Forms.......................................................................................................... 99 Holiday Leave .............................................................................................................. 100 Bereavement Leave .................................................................................................. 101 Pregnancy Disability Leave...................................................................................... 102 Military Leave .......................................................................................................... 105 Paid Administrative Leave ....................................................................................... 105 Leave of Absence without Pay Must be Authorized by Law or These Policies ...... 105 Management Leave................................................................................................... 106 Time Off to Vote ...................................................................................................... 107 Victims of Violent Crimes/ Victim Family Member Court Attendance Leave ...... 107 Crime Victim/Family Member Victim’s Rights Proceedings Leave ....................... 108 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief...................................................................... 108 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning ................................................. 108 Jury Duty and Court Appearances............................................................................ 109 School-Related Leaves............................................................................................. 110 City of Willits
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SECTION 10. BENEFITS ........................................................................................................ 112 General Statement..................................................................................................... 112 Retirement Plan ........................................................................................................ 112 SECTION 11. ON-THE-JOB INJURY .................................................................................... 114 Medical Attention..................................................................................................... 114 Industrial Accident Reporting Procedures................................................................ 114 Industrial Accident Leave......................................................................................... 116 SECTION 12. CAREER DEVELOPMENT............................................................................. 120 General...................................................................................................................... 120 Education Reimbursement........................................................................................ 120 Training .................................................................................................................... 122 Personal Education and Training.............................................................................. 122 SECTION 13. EMPLOYEE CONDUCT AND DISCIPLINE................................................. 123 General Conduct....................................................................................................... 123 Dress and Grooming................................................................................................. 123 Discipline Policy....................................................................................................... 123

13.3.4 Discipline Procedures ........................................................................................... 132 SECTION 14. DRUG AND ALCOHOL FREE WORKPLACE POLICY.............................. 142 SECTION 15. GRIEVANCE PROCEDURES......................................................................... 147 SECTION 16. MISCELLANEOUS PROVISIONS................................................................. 152 Employment of Relatives, Spouses and Domestic Partners..................................... 152 Employment Status of City Council Members......................................................... 153 No Solicitation.......................................................................................................... 153 Safety Program ......................................................................................................... 154 Use of City Equipment or Resources ....................................................................... 155 SECTION 17. CHILD ABUSE AND NEGLECT REPORTING POLICY............................. 162 Definitions................................................................................................................ 162 Responsibility for Reporting Child Abuse ............................................................... 164 Procedure .................................................................................................................. 164 ACKNOWLEDGEMENT...................................................................................................... 171 City of Willits
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SECTION 1. PURPOSE, AUTHORITY AND COVERAGE
Purpose and Delegation of Authority
The purpose of this Personnel Policies and Procedures (“Policies”) Manual is intended as a resource that will assist the City to establish and maintain uniform and consistent policies a Merit System for administration of the City’s personnel matters. The City Council delegates to the City Manager the authority to authorize employment, establish job responsibilities and perform other personnel actions as to all subordinate employees in accordance with all federal and state laws and regulations, and City ordinances and tThese Policies and Pprocedures (“Policies”). shall be administered by the City Manager. The City Manager may delegate the responsibility of assisting in the administration of these personnel pPolicies and procedures to the Human Resources Manager to perform personnel actions.

The City retains full and exclusive authority and discretion to modify these Policies at any time in accordance with law. These Ppolicies and procedures may be updated periodically upon the recommendation of the City Manager and subsequent adoption by the City Council. City employees will have access to all amendments to these policies Policiesand procedures.

The goal of uniform personnel practices is to einsure that the principles of fairness and merit are the basis for all personnel actions. These personnel pPolicies and procedures have been established to set standards insuring ensuring that in any personnel action, including recruitment, examination, selection, appointment, compensation, training, promotion, retention, and discipline, the basis for the action, and the procedures employed will be impartial and universally applied.

Coverage
These Ppolicies and procedures apply to all City employees, except that nothing in these Ppolicies and procedures regarding disciplinary rights and disciplinary processes or administration of a Merit System (e.g., appointment, probation status) applies to those who serve in an at-will capacity, or at the pleasure of the Council, or by contract. Nothing in these Ppolicies and procedures gives those who serve at-will, or at the pleasure of the Council, or by contract any right to employment or continued employment.

No Contract Created
These Policies do not Nothing in these policies and procedures is intended to create any employment contract of employment, express or implied, or to create any contractual rights in City employment.

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Conflicts with Other Provisions
If a provision of these Ppolicies and procedures actually conflicts with any provision of 1) an applicable collective bargaining agreement (CBA) or mMemorandum of u Understanding (MOU) negotiated between the City and a recognized employee organization, the provision of the CBA or MOU that is in conflict with the provision of these Policies shall apply to employees who are covered by that CBA or MOU. Anyor 2) City ordinance, or state or federal law, that conflicts with these Policies to the extent of such conflict, the collective bargaining agreement, City ordinance, or state or federal law shall control. In all other cases, these policies and proceduresPolicies shall apply.

Violation of the Personnel Policies and Procedures
A violation of any Ppolicy or procedure herein shall may be grounds for discipline, up to and including termination from City employment.

Severability
If any court finds any section, subsection, sentence, clause or phrase of these Ppolicies and procedures to be inconsistent with the law, such finding(s) shall not affect the validity of the remaining portion of these Ppolicies and procedures.

Employee Acceptance of Policies and Revisions to Policies As a condition of employment, the City requires that each employee read and, if necessary, request clarification regarding these Policies.

Each employee must sign a statement of receipt acknowledging that they: (1) have received a copy, or have been provided access to the Policies; and (2) understand that they are responsible for reading and becoming familiar with the contents of the Policies, as they are currently drafted as well as with all subsequent revisions to the Policies. A copy of this Acknowledgement is attached to this Manual as Attachment A.

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SECTION 2. FOUNDATIONAL POLICIES OF EMPLOYMENT
Employment Standards
The tenure of every City employee will be based on a demonstrated need for the work performed, availability of funds, faithful and effective performance, proper personal conduct, and continuing ability, with or without reasonable accommodation, to perform the essential functions of his or her position.

Conflicts of Interest
City employees, officers and officials are expected to devote their best efforts and attention to the performance of their jobs. They are expected to avoid even the appearance of a conflict of interest that could arise from a financial or non-economic interest that may impact their employee’s, officer’s or official’s ability to carry out his or hertheir duties to the City with undivided loyalty.

Employees, officers and officials are on notice regarding the following restrictions; these restrictions on include any activity or interest which may give the appearance of a violation, including of any of the following:
• Employees, officers and officials shall not be financially interested in any contract made by them in their capacity as a City employee, officer or official; • Officers and officials shall not make, participate in making or in any way attempt to use their official position for the City to influence a governmental decision in which the officer or official knows or has reason to know he or she has a financial interest; • Employees, officers and officials shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties for the City (see section [5.6 4] regarding Outside Employment or Activity for additional restrictions); and
• Employees, officers and officials shall not engage in any activity, regardless of financial or economic benefit, which may divide the employee’s, officer’s or official’s loyalty to the City.

Equal Employment Opportunity Policy
The City affords equal employment opportunity for all qualified employees and applicants to all terms of employment with the City, including, but not limited to, recruitment, hiring, training, promotion, compensation, benefits, transfer, discipline, and termination.

The City does not discriminate on the basis of an individual’s sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), race (including traits historically associated with race, including, but not limited to, hair texture and protective City of Willits
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hairstyles), color, national origin, ancestry, religious creed (including religious dress and grooming), sexual orientation (including heterosexuality, homosexuality and bisexuality), reproductive health decision making, age (40 and over), marital status, military or veteran status, genetic characteristic or genetic information, physical or mental disability, or any other characteristic protected by federal, state or local laws.

Any employee, volunteer, or applicant who believes they have experienced any form of employment discrimination or discriminatory conduct are encouraged to report the conduct immediately by using the complaint procedures provided in these Policies, or by contacting the Equal Employment Opportunity Commission (“EEOC”), or the California Civil Rights Department (“CRD”).

Policy Against Discrimination, Harassment, and Retaliation

1. Purpose and Application
The City is committed to preventing discrimination, harassment and retaliation in the workplace.

The City has zero tolerance for any conduct that violates The purpose of this Policy Against Harassment, Discrimination and Retaliation. is to reaffirm the City’s zero tolerance of: 1) harassment and discrimination; and 2) retaliation against those who report or oppose harassment or discrimination. Conduct need not violate either federal or state law in order to constitute a violation of this Policy. A single act by a City employee may constitute a violation of this Policy and provide sufficient grounds for the City to discipline the City employee.

It is the City’s intent, and the purpose of this Policy, to provide all City employees, applicants for employment, elected or appointed officials, interns, volunteers, and contractors with an environment that is free from any form of discriminatory harassment, discrimination or retaliation as defined in this Policy.

This Policy prohibits harassment or discrimination on the basis of any of the following protected classifications: an individual’s race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, marital status, pregnancy, age, medical condition and physical or mental disability (whether perceived or actual). It is also the policy of the City to provid establishes e a complaint procedure by which the City will for investigateing and resolve complaints ofalleged harassment, discrimination and retaliation by and against the City’s covered individuals. The City encourages all covered individuals to report any conduct that they believe in violatesion of this Policy as soon as possible. The City expressly prohibits any protection from discrimination includes the protection from retaliation for having taken action either because they filed or supported a complaint or because they participated in the investigation or complaint resolution process.

Individuals found to have retaliated against an employee in violation of this Policy will be subject to appropriate sanction or disciplinary action, up to and including termination. as a complainant, City of Willits
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or for assisting a complainant in taking action, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this policy.

This Policy applies to all terms and conditions of employment, internships and volunteer opportunities, including but not limited to selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation.

2. Policy Coverage
This Policy prohibits harassment or discrimination by or of a City official, officer, applicant, employee, non-employee (including a customer, client, vendor, member of the public or other third-party), or person providing services for the City pursuant to a contract, because: 1) of an individual’s protected classification; 2) of the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification. The City does not consider conduct in violation of this Policy to be within the course and scope of employment or the direct consequence of the discharge of City duties.

3. Prohibition Against Harassment and Discrimination
It is the City’s policy to prohibit any form of harassment or discrimination, as defined below. To that end, this Policy establishes a Complaint Procedure which applicants, officials, officers, employees or contractors can use to report potential violations. Disciplinary action, up to and including termination, will be taken against an employee or officer who is found to have engaged in harassment or discrimination in violation of this Policy. Any official, contractor, non-employee or other third-party found to have engaged in harassment and/or discrimination in violation of this Policy will be subject to appropriate sanctions.

The City has zero tolerance for any conduct that violates this Policy. Conduct need not rise to the level of a violation of law in order to violate this Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this Policy, do not engage in the conduct, and seek guidance from a supervisor or the Director of Human Resources.

4. Prohibition Against Retaliation
In order to deter harassment and discrimination, and to support the integrity of the Complaint Procedure described below, the City also prohibits retaliation. Any employee found to have retaliated against an applicant, elected official, officer, employee, or contractor because of a complaint of harassment or discrimination or because of participation in the Complaint Procedure, shall be subject to disciplinary action. Any elected official, contractor, non-employee or other third-party who has been found to have retaliated in violation of this Policy will be subject to appropriate sanctions.

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5. Definitions
(a) Protected Classifications
This Policy prohibits harassment, or discrimination, or retaliation because of an individual’s protected classification. “Protected classification” includes sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles), color, national origin, ancestry, religious creed (including religious dress and grooming), sexual orientation (including heterosexuality, homosexuality and bisexuality), reproductive health decision making, age (40 and over), marital status, military or veteran status, genetic characteristic or genetic information, physical or mental disability, or any other characteristic protected by federal, state or local laws. actual or perceived: race, religious creedn, color, national origin, ancestry, sex, gender, gender identity, gender expression, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, marital status, pregnancy, age (40 and over), medical condition, genetic information, and physical disability, or mental disability, or military and veteran status, or any other basis protected by law (whether perceived or actual).

This Policy prohibits discrimination, harassment or retaliation for the following reasons: (1) an individual’s protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification. (b) Protected Activity
This Policy prohibits discrimination, harassment, and retaliation because of an individual’s protected activity.

Protected activity includes, but is not be limited to, the following activity: (1) making a request for an accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this Policy; (4) opposing violations of this Policy; or (5) participating in an investigation under this Policy.
(c) Discrimination
This Policy prohibits treating a covered individual differently and adversely because of the individual’s actual or perceived protected classification; because the individual associates with a person who is or is perceived to be a member of a Formatted: Indent: Left: 1"
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protected classification; or because the individual participates in a protected activity as defined in this Policy.individuals differently because of the individual’s protected classification as defined by this Policy.
(d) Harassment
This Policy prohibits hHarassment of a covered individual because of the includes, but is not limited to, the following examples of behavior undertaken because of an individual’s actual or perceived protected classification. Harassment includes, but is not limited to, the following conduct:
(i) Verbal—such as epithets (nicknames and slang terms), derogatory or suggestive comments, propositioning, jokes or slurs, including graphic verbal commentaries about an individual’s body, or that identify a person on the basis of his or her protected classification.

Verbal harassment includes comments on appearance and stories that tend to disparage those of a protected classification.

Derogatory, offensive or inappropriate speech, such as epithets, slurs or stereotypical comments, or verbal propositions made on the basis of the individual’s protected classification. This includes, but is not limited to, comments, stories, and jokes about appearance, dress, physical features, gender identification, and race.
(ii) Physical acts, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement. This includes, but is not limited to, pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts.Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on the basis of a protected classification. (iii) Physical—includes the following conduct taken because of an individual’s protected classification: assault, touching, impeding or blocking movement, physically interfering with normal work or movement, pinching, grabbing, patting, leering, making express or implied job threats or promises in return for submission of physical acts, mimicking, stalking, or taunting.Visual acts, such as derogatory, offensive or inappropriate, posters, cartoons, emails, pictures or drawings related to a protected classification.
(e) Sexual Harassment
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Unwanted Sexual Harassment—includes unwelcome sexual advances, requests for sexual favors, and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment. or other verbal or physical conduct of a sexual nature or any of the above described conduct when:

Submission to such conduct is either an expressed or implied term or condition of an individual’s employment, or
Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual, or
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating a hostile, intimidating or offensive work environment.

By definition, sexual harassment is not within the course and scope of an individual’s employment with the City.
(f) Retaliation
Retaliation occurs when an employer takes adverse action against a covered individual because of the individual’s protected activity as defined in this Policy. (i) (i) Adverse action” may include, but is not limited to, the following actions: (1) disciplinary action; (2) counseling; (3) taking sides because an individual has reported
harassment or discrimination; (4) spreading rumors about a complainant or about someone who supports or assists the complainant or who participates in the investigation; (5) shunning or avoiding an individual who reports harassment or discrimination; or (6) making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination.
against a person (and his or her associates) because of their complaint or participation in the complaint process described in this Policy is strictly prohibited. Any act of reprisal which violates this Policy will result in appropriate disciplinary action. Examples of actions that might be retaliation against a complainant, witness or Formatted: Indent: Left: 1", First line: 0"
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other participant in the complaint process include: 1) singling a person out for harsher treatment; 2) lowering a performance evaluation; 3) failing to hire, failing to promote, withholding pay increases, assigning more onerous work, abolishing a position, demotion or discharge; 4) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination; or 5) shunning or avoiding those who have complained or participated in the complaint resolution process described in this policy.

Any act of retaliation will be treated as a separate and distinct incident, regardless of the outcome of the harassment or discrimination complaint.

Other Examples of Conduct That Might Constitute Harassment Harassment includes conduct that another individual who is a member of the protected classification would find unwelcome or unwanted. Harassment may include the following:

Conduct that is not intended as to harass. Conduct may violate this Policy if the conduct is directed at, or implicates a protected classification and the recipient finds the conduct to be offensive or inappropriate, even if its well-intentioned conduct (g., gifts, over-attention, endearing nicknames, hugs).

Conduct to which the recipient appears to have consented. The City does not recognize as a defense that the recipient appeared to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest offensive or inappropriate conduct for many legitimate reasons, including, but not limited to, the need to avoid being perceived as insubordinate or to avoid being ostracized or subjected to retaliation.

Conduct about which no employees previously complained. The fact that no employee previously complained about the same or substantially similar conduct does not mean that the conduct is inoffensive or appropriate nor does that fact preclude an employee from complaining about such conduct if it is repeated.

Conduct witnessed by a third party or about which a third party learns, even if they did not witness such conduct. Visual, verbal, or physical conduct between two (2) people who do not find such conduct to be offensive or inappropriate may constitute harassment of a third party witnesses such conduct or learns about the conduct later and finds the conduct to be offensive or inappropriate. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.

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Conduct can constitute harassment even if the individual has no intention to harass. Conduct that may be well-intentioned conduct (g., gifts, over-attention, endearing nicknames, hugs) may nevertheless constitute harassment if the conduct is directed at, or implicates a protected classification, and if the individual finds such conduct inappropriate or offensive.

The City takes a proactive approach to potential Policy violations, and will conduct an investigation if its supervisory or management employees become aware that harassment, discrimination or retaliation occurred or may be occurring, regardless of whether the recipient or third party reports a potential violation.

Guidelines for Identifying Harassment, Discrimination and Retaliation To help clarify what constitutes a violation of this Policy, use the following guidelines:

Harassment and discrimination include any conduct which is “unwelcome” to an individual and which is taken because of the recipient’s protected classification.

Discrimination may result when an individual is treated differently due to his or her membership in a protected classification. In addition, discrimination may result when a City policy or practice has a negative impact on a particular classification of employees as a whole.

It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue.

A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.

Simply because no one has complained about a joke, gesture, picture, physical contact or comment does not mean that the conduct is welcome. Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.

Even visual, verbal, and/or physical conduct between two individuals who appear to welcome it can constitute harassment of a third applicant, officer, official, employee or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.

Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. The City recognizes that it is legitimate for those in protected classifications to have heightened sensitivities to harassment as a result of their life experiences. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).

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Conduct can constitute retaliation under this Policy when an action is taken or an employee is treated in a particular manner due to his or her reporting of a violation of this Policy, participation in an investigation of an alleged Policy violation, or any other negative action taken against an individual because of his or her association with the complainant.

A single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. Therefore, if you are in doubt as to whether any particular conduct may violate this Policy, do not engage in the conduct, and seek guidance from a supervisor.

Confidentiality
The City recognizes that confidentiality is important to all parties involved in a harassment investigation. Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action.

An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or a department head. Any individual who discusses the content of an investigatory interview will be subject to discipline.

The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order.

Romantic And Sexual Relationships Between Supervisors And Subordinates Romantic or sexual relationships between supervisors and subordinate employees are prohibited.

There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing.

Reporting Harassment, Discrimination or RetaliationComplaint Procedure A coveredn individual who believes they have been subjected to feels he or she has been harassed, discriminated against or retaliateddiscrimination, harassment or retaliation may make a complaint, either orally or in writing, to any supervisor, manager, their Department DirectorHeads, or to the Human Resources Manager without regard to any chain of command against in violation of this Policy should report the conduct immediately and according to the following procedure so that the complaint can be resolved quickly and fairly.

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Any supervisory or management employee who receives a harassment complaint should immediately notify the Human Resources Manager. Upon receiving notification of a complaint regarding discrimination, harassment or retaliation, the Human Resources Manager or their designee will complete or delegate the following steps:

Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with the following individuals: (1) the complainant; (2) the accused (i.e., the subject of the investigation); (3) witnesses to the conduct at issue in the complaint; and (4) other persons who have relevant knowledge concerning the allegations in the complaint.

Reporting to the Offending Individual
Sometimes an individual is unaware that his or her conduct is offensive. The City strongly encourages any individual who feels that he or she has been harassed or discriminated against in violation of this Policy to let the offending person know immediately and firmly that the conduct at issue is unwelcome, offensive, in poor taste, and/or inappropriate and must stop. The City also encourages that alleged acts of retaliation be reported in this manner as well.

When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the employee should make a report in accordance with subsection (b) below, or go directly to the formal reporting process.

Review the factual information gathered during the investigation to determine whether the alleged conduct violated the Policy giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred. eporting to Management
If an individual who believes he or she has been harassed or discriminated against prefers not to confront the offending person, he or she need not do so. If the individual does not report the harassment or discrimination to the offending individual, or does so but is not satisfied the situation has been resolved, the individual must then immediately report the conduct to any supervisor, department head, or other City management employee. The individual should provide all details of the incident or incidents, names of individuals involved, and the names of any witnesses. This report can be made orally or in writing, although a written account is preferred.

If the complaint involves the Human Resources Director, the person receiving the complaint must notify the City Manager.

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Prepare a summary report of the determination as to whether the conduct violated this Policy and provide such report to the appointing authority (i.e., City Manager). If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant.

Interim Relief
If conduct in violation of this Policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.

Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.

If the Personnel Manager is accused, or a witness to the events at issue, an individual with higher authority will complete and/or delegate the above enumerated steps.

Any official, officer, supervisor or management employee who receives a complaint or learns of a potential violation of this Policy must promptly report the information to the Human Resources DirectorManager. The Human Resources ManagerDirector, in concurrence with the City Manager, may take interim action to diffuse volatile circumstances, such as placing the alleged perpetrator on paid administrative leave or temporarily transferring the alleged perpetrator. Generally, no interim action should be taken to change the complaining individual’s working conditions unless the complaining individual voluntarily consents to the temporary change.

Investigation
The Human Resources Director Manager or his or her designee will immediately either direct or undertake an effective, discrete, thorough and objective investigation of the allegations at issue.

All complaints will be investigated to the extent that the City deems appropriate. The investigation will normally include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. The investigator will remind all witnesses to maintain the confidentiality of the content of the interview, and that retaliation against those who report alleged harassment or who participate in the complaint procedure is prohibited.

Investigation Into Unreported Potential Violations
The City takes a proactive approach to the problems of harassment, discrimination and retaliation and will conduct an investigation if its officers, officials, supervisors or managers who become aware that harassment may be occurring, regardless of whether the recipient or a third party reports a potential violation of this Policy.

Remedial and Disciplinary Action
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If the investigation concludes that harassment or retaliation in violation of this Policy has occurred, the City will notify the complainant and perpetrator of the general conclusion(s) of the investigation and will take effective remedial action that is designed to end the violation(s). Any employee or officer determined to be responsible for violating this Policy will be subject to appropriate disciplinary action, up to and including termination. Disciplinary action may also be taken against any official, supervisor or manager who condones or ignores potential violations of this Policy or otherwise fails to take appropriate action to enforce this Policy. Any official or contractor found to be responsible for violating this Policy will be subject to appropriate sanctions.

Right to FileOption to a Report Withto Outside Administrative Agencies Any individual possess has the rightoption to report workplace harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (“EEOC”) or the California Civil Rights Department of Fair Employment and Housing (“CRDDFEH”). These administrativegovernmental agencies provide a complaint process as well as certainoffer legal remedies where the applicable agency determined that a violation of the law occurred. and a complaint process. The nearest DFEH and EEOC and CRD offices are listed on the internet and in the government section of the telephone book. Eor employees may alsocan check the equal employment opportunity posters that are located on City bulletin boards for EEOC and CRD office locations and telephone numbers.

Confidentiality
The City will make every effort to assure the confidentiality of complaints made under this Policy to the greatest extent allowed by law. However, complete confidentiality may not be possible because of the City’s need to investigate the complaint and provide the subject of the complaint their due process rights, which include providing the subject of the investigation a copy of the complaint after the initial investigatory interview, if requested.

The City expressly prohibits an employee who is interviewed during the course of an investigation from attempting to influence other employees, including employees who may have witnessed the underlying conduct at issue, while the investigation is open and ongoing.

An employee may discuss their interview with a designated representative from the employee’s employee organization and/or the employee’s legal representative. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order.

Responsibilities of Employees, Management and Supervisory Employees Each non-supervisor or non-manager employee is responsible for the following:Employees City of Willits
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In order to establish and maintain a professional working environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to:
• Treating all individuals in the workplace or on City worksites with respect and considerationSet an example of acceptable conduct by not participating in or provoking behavior that violates this Policy. Try not to be angry or insulted if an individual tells you that your behavior is offensive. People have different values and standards and may be offended by behavior you think is proper. Tell the individual you did not realize your behavior was offensive, and immediately cease the conduct. • Modeling behavior that conforms to this PolicyLet fellow employees know when you consider behavior offensive. An individual may not realize behavior he or she thinks is proper could be seen by others as offensive.
• Participating in periodic trainings on personnel mattersReport harassment, discrimination or retaliation as quickly as possible, whether the employee is the target of the conduct or a witness.
• Cooperating with the City’s investigations pursuant to this Policy by responding fully and truthfully and in a timely manner to all questions posed during the investigationIf an employee witnesses harassment, he or she should tell the individual being harassed that the City has a policy prohibiting such behavior, and that he or she can demand that the harasser cease the behavior.
• Taking no actions to influence the complainant or any potential witness while the City’s investigation is ongoingMaintain confidentiality as required by this Policy. • Reporting any act they believe in good faith constitutes harassment, discrimination or retaliation as defined in this Policy, to their immediate supervisor or manager or Department Director/Head or the Personnel ManagerFully cooperate with the City’s investigation of complaints made under this Policy.

Management and Supervisory Employees
In addition to the responsibilities listed above for individual employees, each managerment and supervisor y personnel areis responsible for the following:
• Informing employees under their supervision of this Policymplementing this Policy by taking all complaints seriously and modeling behavior that is consistent with this Policy.

Direct all complaints to the Director of Human Resources.

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• Taking allpositive steps necessary to preventeliminate any form of harassment, discrimination or retaliation from occurring, including, but not limited to, monitoring the work environment and taking immediate and appropriate action to stop violations (e.g., removing inappropriate pictures or correcting inappropriate language)observed or brought to his or her attention.
• Receiving and responding to complaints in a uniformly fair and serious mannerMaking sure no department head, supervisor or other employee retaliates through any action of intimidation, restraint, coercion or discrimination.
• Documenting the steps taken to resolve such complaintsMonitoring the work environment and taking appropriate action to stop potential Policy violations. • Following up with those who have complained to ensure that the offensive conduct about which theybehavior complained of has stopped and that there have been no reprisals or retaliation or threats of reprisals or retaliationceased. • Informing those who complainants about harassment or discrimination of their option to contact the EEOC or DFEH CRD and to file a complaint about such activityregarding a potential Policy violation.
• (vii) Assisting or advising employees regarding this Policy. • Assisting in the investigation of complaints involving subordinate employee(s). • Where a complaint is substantiated, assisting in the development of a recommendation concerning an appropriate corrective or disciplinary action in accordance with these policies.
• Implementing appropriate corrective or disciplinary actions. • Reporting potential violations of this Policy to the Personnel Manager, regardless of whether an employee complained about such conduct.
• Participating in periodic training and scheduling employees for training.

Human Resources ManagerDirector
The Human Resources ManagerDirector or his or her designee is responsible for administering the complaint procedure and authorizing and/or conducting an investigation.

Any questions about this Policy should be directed to the Human Resources ManagerDirector.

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Mandatory Training
As part of its commitment to ensuring a work environment free from harassment and discrimination, the City requires that all of its employees receive training on this Policy within six (6) months of being hired, and then at least once every two (2) years. Supervisory employees will receive at least two hours of training and employees will receive at least one hour of training on this Policy. Human Resources will schedule multiple training sessions in the Spring of each year to ensure that employees are able to schedule the mandatory training. Attendance at the training will be documented. The California Civil Rights Department provides free online training courses on preventing sexual harassment and abusive conduct in the workplace that are available at:
https://calcivilrights.ca.gov/shpt/.

The purpose is to restate and reaffirm that the City will take all reasonable steps to prevent and prohibit harassment in the work environment. The purpose of this policy is also to define discrimination and harassment and to set forth procedures for investigating and resolving internal complaints.

2.5 Workplace Security

2.5.1. Zero Tolerance PolicySafe and Secure Workplace
The City is committed to providing maintains a zero tolerance policy against violence in the workplace and seeks to provide a safe and secure workplace and will not tolerate acts or threats of violence in the workplacefor employees and the public. The workplace includes any location where City business is conducted, including vehicles and parking lots. Except in the normal course of police duty, aAny violation of this policy will may lead to criminal prosecution, and/or disciplinary action, up to and including termination.

2.5.2 Prohibited Behavior

1. Employees are prohibited from participatingengaging in, encouraging, or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment.

The City has zero tolerance for any conduct that references workplace violence even if it was intended to be a prank, harmless, humorous, blowing off steam, or venting.

2. Employees engaged in City business are prohibited from bringing or possessingcarrying self-defense weapons in violation of any law or this policy.

Employees who have legal authority to carry a self-defense weapon shall notify the Ddepartment Hhead in writing of what type of weapon is being carried.

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Employees who have legal authority to carry self-defense weapons violate this policy if they: accidentally discharge or lose their weapon; use, threaten to use, or expose display the weapon while engaged in City business or in a City building; or violate any law related to carrying a legal self defense weapon while engaged in City business or in a City building. For any questions, please see the Human Resource Manager.

2.5.3 Definitions
Workplace Violence is defined as any conduct that causes an individual to reasonably fear for his or hertheir personal safety or the safety of his or hertheir family, friends, and/or property. Specific examples of workplace violence include, but are not limited to, the following:

1. Threats or acts of physical harm directed toward an individual or his or her their family, friends, associates, or property;

2. The destruction of, or threat of destruction of City property or another employee’s property;

3. Fighting, challenging another person to fight, or participating in dangerous or threatening horseplay;

4. Striking, punching, slapping or assaulting another person;

5. Grabbing, pinching, or touching another person in an unwanted way, whether sexually or otherwise;

6. Harassing or threatening phone calls;

7. Surveillance;

8. Stalking;

9. Possessing a weapon during work hours unless the City issues the weapon for performance on the job. on of offensive or defensive “Wweapon” is defined as a (firearms, chemical agent, club or baton, illegal knifeves, clubs, mace, pepper spray, tear gas, etc.)or any other device, tool or implement that can cause bodily harm if used as a weapon or exposed displayed in such a manner to cause harm or threaten a person with harm unless specifically required or authorized and approved by City management; Formatted: Underline
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Any conduct relating to violence or threats of violence that adversely affects the City’s legitimate business interests; and
Weapons are defined as firearms, chemical sprays, clubs or batons, and knives, and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.

2.5.2. Incident Reporting Procedures

1. Employees must immediately report workplace violence to theira supervisor or other management employeeDepartment DirectorHead whether they have been a victim of, or have witnessed, workplace violence.

The supervisor or Department DirectorHead will immediately report the matter to his or her department headthe Personnel Human Resource Manager.

2. The department headPersonnelHuman Resource Manager, or their designee, will document the incident, including the employee name(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.

3. The department headHuman Resource Personnel Manager or designee will take appropriate steps to provide security, such as:
(a) Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation; (b) Asking any threatening or potentially violent person to leave the site; or
(c) Immediately contacting an appropriate law enforcement agency

2.5.3. Investigation
The department headPersonnel Manager will see that reported violations of this Ppolicy are investigated as appropriated.

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2.5.4 Management ResponsibilitiesPrevention
• Each department Department Hhead has authority to enforce this policy by:
• Training supervisors and subordinates about their responsibilities under this policy;
• Assuring that reports of workplace violence are documented accurately and timely documented and addressed;
• Notifying the Human Resources DepartmentPersonnel Manager and/or law enforcement authorities of any incident;
• Making all reasonable efforts to maintain a safe and secure workplace; and
• Maintaining records and follow up actions as to workplace violence reports.

2.5.5 Follow Up and Disciplinary Procedures
An employee found in violation of this Ppolicy will be subject to disciplinary action, up to and including termination of employment. The City may also direct that the employee submit to a fitness for duty examination. City employees may be subject to criminal prosecution.

Policy Against Workplace Bullying
Policy
The City is committed to a workplace environment which fosters mutual respect, integrity, and professional conduct. The City considers workplace bullying unacceptable and it is City policy that all employees should be able to work in an environment free of bullying. The City prohibits workplace bullying by employees, or an individual with whom the City has business, contractual, or professional relationships, such as unpaid interns, volunteers, independent contractors, or vendors.

Definition of Workplace Bullying
Workplace bullying is conduct with malice that a reasonable person would find hostile, offensive, and unrelated to the City’s legitimate operational and other interests. Workplace bullying may include repeated infliction of verbal abuse, such as the use of derogatory remarks, City of Willits
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insults and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute workplace bullying, unless especially severe and egregious. While discriminatory harassment may involve bullying, bullying is not limited to conduct against another person because of his or her membership in a protected classification.

Examples of bullying include, but are not limited to:
• Verbal bullying: Slandering, ridiculing or maligning a person or his or her family; persistent name calling that is hurtful, insulting or humiliating; using a person as butt of jokes; abusive and offensive remarks.
• Physical bullying: Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault, damage to a person’s work area or property • Gesture bullying: Nonverbal threatening gestures; glances that can convey threatening messages.
• Exclusion: Socially or physically excluding or disregarding a person in work-related activities.

Reports of Workplace Bullying
If an employee believes he or she has been subjected to workplace bullying or is aware of conduct towards another employee that is believed to be workplace bullying, the employee may talk to the offending party directly. Sometimes an individual is unaware that his/her conduct is offensive. The offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is offensive and request that it be discontinued immediately.

When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the individual who believes this Policy has been violated should make a verbal or written report to his or her supervisor, the Human Resources Manager, or any other supervisor, director, or other management employee of the City.

City’s Response to Complaint of Workplace Bullying
After receiving an oral report or written complaint, the City may request clarification and/or conduct an initial inquiry, to determine whether the oral report or written complaint alleges a potential violation of this Policy. To request clarification and/or conduct an initial inquiry, the Human Resource Manager, or his or her designee, may meet with the individual(s) who made the report and/or that was reportedly subjected to conduct that violates this Policy.

After the City receives an oral report or written complaint, and any clarification requested, the City of Willits
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Human Resource Manager or designee, will determine the appropriate course of action, which may include initiation of an investigation. During the pendency of any investigation, the Human Resource Manager or City Manager, may take interim action as appropriate, such as placing the person alleged to have violated this Policy (the “Respondent”) on paid administrative leave or temporarily transferring the Respondent. Generally, no interim action should be taken to change the working conditions of the individual(s) who made the oral report or written complaint and/or that was reportedly subjected to conduct that violates this Policy, unless that individual voluntarily consents to the temporary change.

Disciplinary Action
The City will determine if the conduct violates City policy and if so, the appropriate corrective action. Any employee determined to have violated this policy will be subject to disciplinary action up to and including termination. Disciplinary action may also be taken against any a supervisor, director or other management employee who condones or ignores potential violations of this Policy, or who otherwise fails to take appropriate action to enforce this Policy.

Disciplinary action will be taken against anyone who bullies a co-employee or retaliates against an employee that has reported, or has participated in any investigation or administrative process related to a complaint of, workplace bullying.

Employee Assistance Program
The City provides an Employee Assistance Program (“EAP”). The EAP is intended to provide professional, confidential counseling services that may be available to employees and members of their households to assist in resolving employee concerns, including emotional difficulties, marital and family conflict, stress, chemical dependency, conflicts at work, and financial help, and other concerns. The EAP counselor can help to clarify an employee’s problem and to develop an action plan during the counseling session. In most cases, EAP services are paid up to a certain amount by the City as set forth in the policies provided at time of hire. of Willits. Further information may be obtained from the City Manager or Personnel Director Human Resources ManagerDirector.

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SECTION 3. ADMINISTRATION OF THE PERSONNEL PROGRAM
City Council
The City Council shall exercise control over personnel only through the City Manager, the adoption of the City budget, pay plan, or ordinances and resolutions. The City Council delegates to the City Manager the authority to authorize employment, establish job responsibilities, and perform other personal actions as to all subordinate employees in accordance with all federal and state laws and regulations and these Policies. The City Manager shall serve directly under the supervision and control of the City Council in accordance with Chapter 2.08 of the Willits Municipal Code.

City Manager
The City Manager shall serve directly under the supervision and control of the City Council in accordance with Chapter 2.08 of the Willits Municipal Code. The City Manager shall be responsible for einsuring the effective administration of these policies and procedures and may delegate responsibility to the Human Resources Manager to perform personnel actions in accordance with this section. such functions as deemed necessary for the implementation of this system. The City Manager may adopt, amend, or rescind written administrative procedures consistent with these policies and procedures. The City Manager shall advise the City Council on any changes.

The City Manager or appointee shall be responsible for directing and coordinating the personnel activities of the City. including the following:
a) Preparation of position classification(s) and pay plans and directing the administration of these plans.
b) Computation of a budget for Personnel Services for all departments. c) Recruiting, testing, selecting, and hiring of all City employees. d) Approving the appointment, promotion, demotion, transfer, discipline, discharge, and other actions affecting persons employed by the City.
e) Supervising, developing, and maintaining the personnel system, including written forms, procedures and records.
f) Maintaining a current roster of all persons employed by the City. g) Directing employee orientation, training, counseling, and career development in conjunction with Department Heads.

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h) Administering the fringe benefits program.

I) Approving Performance Evaluation reviews for all employees. j) Administering the Personnel Policies and Procedures including (in particular) the Employee Grievance Procedures.
k) Performing any other lawful acts which are considered necessary or desirable to carry out the purpose of the personnel system and the provisions outlined in this Manual.

Department Heads
Department Heads shall establish such written rules as are deemed necessary for the efficient and orderly administration of the department. Such rules are subject to the approval of the City Manager before they become effective and must be consistent with the policies established in this Manual. Copies of any department rules shall be provided to each employee and employee organization in the department and will be filed with the City Manager.

Personnel Records
(a) File Maintenance
The Human Resources Department maintains a permanent personnel file for each City employee. Files are kept for at least three years after separation of employment as provided in the applicable retention policy. Personnel files are the property of the City, and access to the information the files contain is restricted as stated in this sectionto protect employee privacy interests. (b) File Content
An employee’s personnel file shall will contain only material that the City deems is necessary and relevant to the administration of the City’s personnel programor that is required by law. Nothing is intended to conflict with the Public Safety Officers Procedural Bill of Rights Act.
(c) Employee’s Responsibility to Notify City of Changes Each employee is responsible for to promptly notifying the Human Resources Department of any changes in their contact and benefits relevant personal information, including: change of name, mailing address, telephone number, emergency contacts, and number and names of dependents.

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(d) Medical Information
“Medical information” means any information that identifies theregarding an employee’s and pertains to his or hertheir medical history, mental or physical condition, or treatment.

Separate Confidential Files
All medical information about an employee or applicant is kept in separate medical filesly and is treated as confidential, in accordance with applicable state or federal law.

Information in Medical Files
The City will not obtain medical information about an employee or applicant except in compliance with the law.

Access to Medical Information
Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons, or if access is required by law, subpoena or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.

The City will not provide employee or applicant medical information to a third party (except as permitted under law, including the California Confidentiality of Medical Information Act) unless the employee signs an “Authorization for Release of Employee Medical Information” in the form attached to this rule. The City will release only the medical information that is identified in the employee’s authorization. If the employee’s authorization indicates any limitations regarding the use of the medical information, the City will communicate those limitations to the person or entity to which it discloses the medical information. (e) Location and Access to Personnel Files
Personnel files are located in the Human Resources Department, and can be accessed in accordance with the following procedures:

City Employees Inspection of File
A current City employee may review his or hertheir own personnel file, to the extent defined in California Labor Code, section 1198.5, at reasonable times and at reasonable intervals, within 30 days of a written request to the Human Resources Manager. A former employee is entitled to inspect their personnel records one time per year. An employee who wishes to review his or her City of Willits
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file must contact the Human Resources Director or designee to arrange for an appointment. The inspection review must occur will be conducted in the presence of thea Human Resources Department staff memberManager or their designee and (1) at a location where the employee works and at a time other than the employee’s work time; or (2) at another agreed upon location without loss of compensation to the employee. On request, a current or formern employee is entitled to receive a copy of their personnel records within 30 days after the Human Resources Manager or their designee receives a written request. any employment-related document he or she has signed. An employee who wishes to have a copy of any other personnel file document must pay for copying costsThe City may charge a fee for the actual cost of copying.

Employee Representatives
If the current or formerAn employee wishes to have another person/representative may inspect an employee’stheir personnel file, they must provide the person/representative with written authorization. The Human Resources Mmanager or their designee will notify the employee and/or representative in writing of the date, time, and place of the inspection without the employee only if the employee has provided written consent.

No Removal of File Documents:

No person inspecting a personnel file is permitted to add or remove, any document or other item to/from the personnel file.

City Management
City management personnel may access employee personnel files as needed for legitimate personnel administration purposes.

Confidential Material Limitations on Access or Copying of Personnel File Prior to making a copy of personnel records or allowing inspection, the City may redact the names of nonsupervisory employees. Under no circumstances will the City provide access to or copying of the following categories of personnel file documents: records relating to the investigation of a possible criminal offense; letters of reference; ratings, reports, or records that were obtained prior to employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination. Notwithstanding any of the above, neither an employee nor an employee representative may have access to: a) documents that pertain to pending investigations regarding the employee’s conduct; or b) references and related information given in confidence or as part of the City’s employment application or promotion process. (f) Destruction of Personnel Records
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Personnel records, including employment applications, shall be destroyed only in accordance with the City’s retention schedule and applicable state and federal law. (g) References and Release of Information in Personnel Files Public Information
Upon request, the City will release information about its employees as required by the Public Records Act.

Reference Checks
All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to and approved by the Human Resources ManagerDirector. Unless the Human Resources ManagerDirector receives a written waiver signed by the employee, the City will release only Information will be released only if the employee signs an “Authorization for Release of Employment Information” in the form attached to this rule, except that without such authorization, the following limited information will be provided:the dates of employment, last position held, and final salary upon departurerate. Department heads Heads and supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the City Manager or Human Resources ManagerDirector on a case-by-case basis
Medical Information.

Medical information will be released only in accordance with subsection 3.4.4 above.

Productivity
The City shall recognize that delivery of essential municipal services in the most efficient and effective manner is of paramount importance. Optimum productivity is recognized to be the mutual obligation of both the City and its employees.

Work procedures, schedules, and assignments, or any other means of increasing productivity, may be established and/or revised at the discretion of the City Manager, so long as no right guaranteed an employee under his or hertheir respective M.O.U. is violated.

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SECTION 4. RECRUITMENT, APPLICATION AND SELECTION
Selection Procedures
Appointment and promotion to positions in the City shall be based upon qualifications for the job and merit. The evaluation methods may include, but are not limited to, one or more of the following; written examinations; oral presentations; performance tests; balance and coordination or physical agility tests; education, training and experience; professional certification; medical examinations, background investigations, psychological evaluations and polygraph examinations.

Selection factors will be weighed as determined through position classification and analysis.

Regardless of the number of competitors, selection methods shall be deemed competitive when; 1) the qualifications required are based upon education, experience, and personnel standards established by the City Manager; 2) a reasonable opportunity is afforded for qualified persons to apply; and 3) all persons being considered compete against common standards. The City Manager may limit selection methods to internal candidates if it is deemed to be in the best interest of the City.

Fitness for Duty Examinations

4.1.1 Pre-Employment and Pre-Promotion Examinations Applicants After the City extends a conditional offer of employment has been extended to an applicant, the City may require the applicant to submit to a medical examination that is job-related, necessary for efficient operations of the agency, and required of all applicants for the job classification.

The City will notify an applicant or employee who is required to pass a medical and/or psychological examination of their right to obtain a second opinion at their expense and that they may submit such second opinions for consideration.
, in compliance with all applicable laws, require the applicant to submit to a fitness for duty examination and/or drug test.

Internal candidates for promotion may be subject to drug testing.

4.1.2 Current Employee Examinations
The Director of Human Resources may require an employee to submit to a fitness for duty examination to determine if the employee is able to perform the essential functions of his or hertheir job when there is significant evidence of the following:

1. 1) the employee’s ability to perform one or more essential functions of their job has declined; appears to be unable to perform or has difficulty performing one or more essential functions of his or her job; or
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2. 2)that cCould cause a reasonable person there is reason to question whether the employee ’is still capable of performing one or more of their ability to safely or efficiently complete essential job duties, or is still capable of performing those duties in a manner that does not harm themselves or othersfunctions.

4.1.3 Role of Health Care Provider
The City may request the applicant’s or employee’s health care provider to conduct a fitness for duty exam on the applicant or employee, or may request aA City-selected health care provider will examine the employeeto do so at the City’s expense. The City will allow an employee paid time off to attend the exam. The City will provide the health care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the employee’s job. The examination will be limited to determining whether the applicant or employee can perform the essential functions of their position and any work restrictions and/or functional limitations that apply to the applicant or employee. The health care provider will examine the employee and provide the City with non-confidential information regarding whether:
1) the applicant or employee has a disability within the meaning of the FEHA; 2) the applicant or employee is fit to perform essential job functions; 32) wWorkplace restrictions or functional limitations apply to the applicant or employee, and the duration of the work restrictions or functional limitations; 4) there are any reasonable accommodations that would enable the employee to perform essential job functions; and
543) the employee’s continued employment poses a threat to the health and safety of him or herselfthemselves or others.

Should the health care provider exceed the scope of the City’s request and provide confidential health information, with valid consent of the applicant or employee, the City will return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City has requested.

4.1.4 Authorization for Use of Medical Information
During the course of a fitness for duty examination, the City will not seek or use information regarding an employee’s medical history, diagnoses, or course of treatment without an employee’s written authorization.

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4.2 Medical Information from the Employee or Applicant’s Health Care Provider If aAn employee or applicant may submits confidential medical information to the City from his or hertheir own personal health care provider, the Human Resources Director will not forward that information on to the health care provider who conducted the examination for the City, without the employee or applicant’s written authorization. If the employee provides written authorization, the Human Resources Director department head will submit the information that the employee provides to the City-paid health care provider who conducted the examination. The department head will request the City-paid health care provider to determine whether the information alters the original fitness for duty assessment.

Interactive Process
The Human Resources ManagerDirector will initiate the interactive process when:
(a) An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodation(s); (b) The City otherwise becomes aware of the need for an accommodation through a third party (e.g., a doctor’s note requesting an accommodation), or by observation of the employee’s work;
(c) The City becomes aware of the possible need for an accommodation because the employee with a disability has exhausted workers’ compensation leave, Family and Medical Act leave, or other leave rights, but the employee and/or the employee’s health care provider indicate that further accommodation is still necessary for recuperative leave or other accommodation; (d) An employee disabled by pregnancy, childbirth or related medical conditions requests a reasonable accommodation or transfer based on the advice of her health care provider;
(e) An employee with a physical or mental disability, regardless of cause, fails to return to work following pregnancy disability leave; (f) An employee-victim of domestic violence, sexual assault, or stalking requests a reasonable accommodation(s) for their safety at work; (g) An employee requests an accommodation to address a conflict between religious belief, observance, or practice and any employment requirement; or City of Willits
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(h) An employer is aware of the need for a reasonable accommodation for an employee or applicant’s religious beliefs, observance or practices.

Interactive Communication
After receipt of the health care provider’s fitness for duty report, and analysis of the employee’s personal health care information, if any, or the occurrence of any of the above-stated circumstances that trigger the need to conduct an interactive process meeting, the Human Resources ManagerDirector department head will promptly arrange for a discussion or discussions, in person or via conference telephone call, with the employee and his or hertheir designated representatives, if any and Department Head. The purpose of the interactive communications wdiscussions will be to work discuss in good faith to fully discuss all feasible potential reasonable accommodations.

The Human Resources ManagerDirector will document these communications in writing.

During the discussions, the department head will also discuss, if relevant, alternate available jobs for which the employee is qualified, or whether the employee qualifies for disability retirement or family and medical leave.Determination
After the interactive process communications, the Human Resources Manager will review the information received, and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or employee has suggested have been considered; whether additional discussions with the applicant or employee would be helpful; whether the applicant’s or employee’s preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming themselves or others; and if the accommodations would pose an undue hardship on City finances or operations. The Human Resources Manager will inform the applicant or employee of their determination in writing. The Human Resources Manager will use their discretion based upon the particular facts of each case.

Access to Medical Information Regarding Fitness for Duty Medical records and information regarding fitness for duty, or the need for an accommodation, will be maintained separately from non-medical records and information. Medical records and information regarding fitness for duty and the need for accommodation will be accessible only by the Human Resources Manager, the City’s legal counsel, first aid and safety personnel in case of emergency, and supervisors who are responsible for identifying reasonable accommodations.

Medical records and information contained therein may be released pursuant to federal and state law.

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4.2.1 Determination Potential Accommodations for Applicants or Employees with Disabilities
After the discussions, the Director of Human Resources will review the information received, and determine if there is a reasonable accommodation that would enable the employee to perform essential job functions, or if the accommodations would pose an undue hardship on department operations. The Director of Human Resources will inform the employee in writing of his or her determination. The Director of Human Resources will use his or her discretion based upon the particular facts of each case.

Depending on the facts of each case, the interactive process analysis will generally begin with a review of possible reasonable accommodations that would enable the individual to retain their current job. The process will generally then move on to possible reasonable accommodations in other vacant jobs, for which the individual is qualified, if there is no reasonable accommodation in the current job that does not cause undue hardship, or that does not present a risk of harm to the individual or others. The City will consider accommodations that the applicant or employee suggests, but has the right to select and implement any reasonable accommodation that it deems effective. The range of potential reasonable accommodations includes, but is not limited to, the following:
(a) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities, including, but not limited to, the following: acquisition or modification of equipment or devices; adjustment or modifications of examinations, training materials or policies; and/or the provision of qualified readers or interpreters; (b) Job restructuring;
(c) Part-time or modified work schedules;
(d) Paid or unpaid leave of absence of a finite duration that is likely to enable the employee to return to work at the end of the leave; (e) Preferential consideration to reassignment to a vacant, comparable position, except when such preference would violate a bona fide seniority system;
(f) Reassignment to a vacant lower-paid position if there is no funded, vacant comparable position for which the individual is qualified for; or
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(g) Reassignment to a temporary position, if the individual agrees.

4.2.3. Potential Accommodations for Employees Affected by Pregnancy and Related Medical Conditions
Depending on the facts of each case, the interactive process will attempt to identify and implement a reasonable accommodation that is consistent with the medical certification applicable to the applicant or employee. Whether an accommodation is reasonable is a case-by-case analysis that takes into account several factors, including, but not limited to: the employee’s medical needs; the duration of the needed accommodation; and the employer’s legally permissible past and current practices. The range of potential accommodations includes, but is not limited to, the following:
(a) ) Transfer to a less strenuous or hazardous position for the duration of the pregnancy;
(b) Change in or restructuring of work duties, such as modifying lifting requirements;
(c) Providing more frequent breaks;
(d) Providing seating;
(e) Time off for medical appointments; and
(f) Transfer temporarily to a job with equivalent pay and benefits that the employee is qualified to perform in order to accommodate reduced work schedule or intermittent leave. However, a reduction in work hours may be considered a form of pregnancy disability leave and deducted from the employee’s four (4) month pregnancy disability leave entitlement.

4.2.4 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking
Depending on the facts of each individual case, the interactive process analysis will review all possible accommodations that would enhance the safety of the employee victim at work. In determining what accommodation is reasonable, the City will consider the exigent circumstance or danger facing the employee. The City will consider the preferences of the employee to be accommodated, but has the right to select and implement any accommodation that it deems effective. The range of potential safety measure accommodations includes, but is not limited to, the following:
(a) Transfer, reassignment, modified schedule;
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(b) Change in work telephone number;
(c) Change in location of work station;
(d) Installation of locks;
(e) Assistance in documenting domestic violence, sexual assault, stalking, or a crime that occurs in the workplace;
(f) The implementation of a safety procedure(s);
(g) Adjustment to job structure, workplace facility, or work requirement; and
(h) Referral to a victim assistance organization.

4.2.5 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice
Depending on the facts of each case, the interactive process analysis will review all possible accommodations that would resolve the conflict between the religious belief or observance and any employment requirement. The City will consider the preference of the employee or applicant, but has the right to select and implement any accommodation that it deems effective. The range of potential accommodations includes, but is not limited to, the following:
(a) Job restructuring or job reassignment (but not segregation from other employees or the public);
(b) Modification of work practices, including dress or grooming; (c) Allowing time off in an amount equal to the amount of nonregularly scheduled time the employee has worked in order to avoid a conflict with their religious observances; and
(d) Allowing alternatives to union membership or payment of union dues.

Determination
After the interactive process communications, the Human Resources Director will review the information received, and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or employee has suggested have been considered; whether additional discussions with the applicant or employee would be helpful; Formatted: Outline numbered + Level: 3 + Numbering
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whether the applicant’s or employee’s preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming themselves or others; and if the accommodations would pose an undue hardship on City finances or operations. The Human Resources Director will inform the applicant or employee of their determination in writing. The Human Resources Director will use their discretion based upon the particular facts of each case.

Access to Medical Information Regarding Fitness for Duty Medical records and information regarding fitness for duty, or the need for an accommodation, will be maintained separately from non-medical records and information. Medical records and information regarding fitness for duty and the need for accommodation will be accessible only by the Human Resources Director, the City’s legal counsel, first aid and safety personnel in case of emergency, and supervisors who are responsible for identifying reasonable accommodations.

Medical records and information contained therein may be released pursuant to federal and state law.

Appointing Authority
The City Manager shall determine those applicants eligible for appointment in accordance with Section 4.1. The Department Head of each department shall recommend in writing to the City Manager all appointments, promotions, or transfers for the department from the approved employment lists. The City Manager is the appointing authority.

Vacancy Announcements
All vacancies shall be filled by transfer, promotion, reemployment, reinstatement, or original appointment. When a vacancy is to be announced, the Department Head shall submit a written request to the City Manager. This request should state any special requirements of the position so that they can be added to the job announcement. Approval must be obtained from the City Manager prior to any advertising or recruiting.

The job announcement shall specify the title and salary range of the position; the nature of the work to be performed and essential job duties of the position; the minimum qualifications, including whether the job is a promotional position; a statement of the employment status of the position (for cause or at-will); the last date that the Human Resources Manager will accept applications, if any; the time, place and type of examination, if known, and if a medical examination, or drug screen will be required following a conditional offer of employment; class for which the opening is occurring; the job description (or summary); manner of application; examination requirements; essential functions of the job; and other pertinent information as determined in the discretion of the Human Resources Manager.

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Announcements may be posted on the City’s website, bulletin boards where eligible persons might reasonably be expected to have access to them, and in any other posting locations as deemed appropriate in the Human Resources Director’s Manager’s discretion.

Application Forms
Job applications shall require information describing an individual’s training, experience, and other pertinent information as deemed necessary to assess qualifications for the job. Applicants may be required to provide supplementary information, including, but not limited to, the following: answers to job-related questions; resume; licenses; certifications; diplomas; letters of recommendation; and references. All applications must be completed in full and signed, physically or electronically, by the person applying. The Human Resources Manager will not process any application which is not fully completed and signed. Should an applicant be appointed to a position, the supplemental information shall become a part of the individual’s permanent employment records.

Background Check
After the City makes a conditional offer of employment, the Human Resources Manager may then request information about criminal convictions, except for misdemeanor marijuana-related convictions that are over two years old, or convictions that have been judicially sealed, eradicated, or expunged. Unless required by law, the City will not deny employment to any applicant solely because they have been convicted of a crime. The City may, however, consider the nature, date and circumstances of the offense, evidence of rehabilitation, as well as whether the offense is relevant to the duties of the position. This policy does not apply to applicants for public safety jobs.

Candidates for all full time, certain part-time sensitive, and all police service positions shall be fingerprinted for the purpose of a background check. No use shall be made of such fingerprint that is protected by federal or state law.

Rejection of ApplicantsDisqualification of Applications The Human Resources Manager may reject any application which: is not properly completed or incomplete; received after the application deadline, or indicates that the applicant does not meet the minimum qualifications for the position. Applications submitted which do not meet minimum qualifications required for the position will be rejected. Applications may also be rejected for any of the following reasons: 1) the applicant has submitted an incomplete or untimely application, 2) the applicant is determined to be physically or psychologically unfit for the performance of duties for the position to which he/she seeks appointment, and if disabled, cannot be reasonably accommodated, 3) the applicant is addicted to the use of drugs, 4) the applicant has been convicted of a crime which is job related, 5) the applicant has practiced or attempted to practice any deception City of Willits
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or fraud in the application, 6) the applicant has a poor driving record as determined by the City for positions that require driving, 7) the applicant is unable to show proof of authorization to work in the United States, or 8) for any material cause which in the judgment of the appointing authority may render the applicant unsuitable for the position, including a prior resignation from the City, termination from the City or a significant disciplinary action. Whenever an application is rejected, notice of such rejection shall be mailed or emailed to the applicant.

Employment Examinations
The Human Resources Manager will determine the manner and methods of administering employment examinations. Examinations may consist of: written tests; oral tests; performance tests; evaluations of prior training and performance, experience and/or education; interviews; working style assessments; practical exercises; file review; or any combination thereof. The content of all examinations will be job-related and designed to test knowledge, skills or abilities that help predict successful completion of job duties.
(a) The content of all examinations will be kept confidential prior to the administration of the examination. All applicants who are invited to the examination will be notified of the nature of the examination. (b) An applicant with a disability may request accommodation in an examination process. Following receipt of a request for accommodation, the Human Resources Manager may require additional information, such as reasonable documentation of the existence of a disability. (c) Failure in one part of the examination, or the failure to meet established standards described in the job announcement, may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination. Each applicant will be notified by mail whether they will continue in the examination process. (d) Applicants who meet the minimum qualifications and pass all examinations may be subject to a background and/or reference check.

Employment Eligibility Lists
As soon as possible after completion of an open or promotional examination for a classification, the selection process, the Human Resources Director Manager shall will prepare and maintain an employment eligibility list approved by the City Manager consisting of the names of candidates who passed the examination.qualified in the process.

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A person appearing on an eligible list will be mailed or emailed notice of their placement on the list.

A person placed on an eligibility list shall be removed from the list if they so request in writing or fails to respond to notification of an opening within five days after notification. It is the responsibility of the eligible person to keep the Human Resources Manager informed of their current physical or email address, or phone number. Employment lists shall remain in effect until exhausted or declared abolished by the City Manager, but not for more than one (1) year.

Names placed on an employment list as a result of an open competitive list created as a result of continuous examinations may be merged with any others already on the list.

Appointments

1. 1. The Human Resources Manager will make all appointments except for those classifications that report to the governing body. The Human Resources Manager has discretion to decide in what manner a vacancy shall be filled. Vacancies may be filled by reinstatement, promotion, transfer, demotion, appointment of temporary/seasonal employees, or from an appropriate eligibility list if available.

No specific list shall have priority over other lists. The City Council will make appointments for those classifications that report to it.

2. 2. When a position is to be filled from a promotional or open eligibility list, the Human Resources Manager may choose from the specified list one of the top three candidates on the eligibility list. If no person among the top three candidates indicates a willingness to accept the appointment, the Human Resources Manager may make the appointment from among the remaining names on the eligibility list, may request a new examination and establish a new eligibility list, or may fill the position by any other method authorized by these Policies.

3. 3. Appointment to certain positions may be made contingent upon the applicant/employee passing a drug/alcohol test, and/or a job-related medical and/or psychological examination. Such examination shall only be required after a conditional offer of employment has been made.

4. 4. The person accepting appointment shall report to the Human Resources Manager or designee on the date designated by the Human Resources Manager. Otherwise, the applicant shall be deemed to have declined the appointment.

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Residence Requirement
Employees in positions with operational necessity who may be required to get to their place of employment within 30 minutes are required tomust reside within [NUMBER] of20 miles from their place of employment. Any such employees who require an exemption from this requirement must seek approval in writing from the Human Resource Manager or City Manager.

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SECTION 5. WORK SCHEDULES AND ATTENDANCE
Work Scheduleshift
All employees are expected to be at their workstations and ready to work at the start of their scheduled work day or shift. Work schedules are determined at the discretion of the Department Head, and are subject to change with or without notice, according hours shall be assigned to meet operationalto the needs of the department or City. An overtime-eligible employee shall be in attendance and at work during the hours specified by the supervisor. The department Department head Head may change an employee’s work period, week, or hours at any time, unless otherwise specified in an applicable MOU and subject to the notice requirement in Section 5.34.

Work Day BreaksMeal Period
A one (1) hour non-compensated meal period will be provided to all full-time overtime-eligible employees who work at least an eight-hour work day. A 30-minute non-compensated meal period will be provided to all overtime-eligible full-time employees who work more than five (5) hours, but less than eight (8) hours during the workday. Overtime-eligible employees are responsible for taking their meal period at a time designated by the supervisor.

Rest Period
A 15-minute compensated rest period will be provided to all overtime-eligible employees for each four-hour period of service. The rest period shall be taken at a time designated by the employee’s supervisor. Rest periods may not be combined to shorten the workday or to extend the meal period.

During a normal eight (8) hour work day, non-police employees may receive two (2) quarter-hour breaks and shall receive either a one-half hour or one hour meal break to be scheduled by the Department Head or designated representative. Employees shall not be compensated for the meal break. All breaks, except meal breaks, shall be taken at or near the work site. As determined by the Department Head, an employee may be required to work through a break, in which case the meal break time will also be considered hours worked for overtime compensation purposes.

Unless otherwise specified by an operative MOU, Police and dispatch employees shall be entitled to two (2) quarter-hour breaks and a meal period not to exceed thirty (30) minutes as the work load permits and subject to calls for services.

Advance Request for Permission to Deviate from Regular Work Hours Shift Schedule and Work Schedule Changes
Except as specifically provided in an applicable Memoranda of UnderstandingMOU, an overtimeeligible employee is required to seek advance permission from their supervisor for any foreseeable City of Willits
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absence or deviation from regular working, break, and meal times. Wwhenever possible, employees will be given adequate advance notice of no less than five (5) days of any shift schedule or work schedule changes except where an emergency exists. Subject to his or her their discretion, a Department Head may grant an employee’s request for a work schedule change with less than five (5) days’ notice.

Lactation Policy
(a) Break Time and Location

1. The City will provide a reasonable amount of break time to accommodate any employee desiring to express breast milk for the employee’s infant child each time the employee has a need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee.

If the employee takes lactation breaks at times other than their provided break times, then the lactation break shall be unpaid or the employee may choose to use accrued leave.

2. Those desiring to take a lactation break at times other than their provided break times must notify a supervisor prior to taking such a break. Breaks may be reasonably delayed if they would seriously disrupt operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.

3. The City will provide a room or other appropriate location in close proximity to the employee’s worksite that is not in a bathroom to express milk in private. The room or location will meet the following requirements:
(a) Be shielded from view and free from intrusion while being used to express milk;
(b) Be safe, clean, and free of hazardous materials;
(c) Contain a surface on which to place a breast pump and personal items;
(d) Contain a place to sit; and
(e) Have access to electricity needed to operate an electric batterypowered breast pump.

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and should not be disturbed. All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance.

The City will provide access to a sink with running water and a refrigerator, or other cooling device, suitable for storing milk, in close proximity to the employee’s work area.
(b) Lactation Accommodation
An employee may make a request for lactation accommodation, either orally or in writing to the Human Resources ManagerDirector.

1. Following receipt of a request for lactation accommodation, the City will provide a timely written response to the employee in which the City will indicate if it is unable to provide the requested break time or a requested location for the purposes of expressing breast milk.

2. An employee who does not believe that the City is providing an appropriate lactation accommodation should immediately inform the Human Resources ManagerDirector.

3. An employee who does not believe that the City is providing an appropriate lactation accommodation as required by state law has the right to file a complaint with the California Division of Labor Standards Enforcement/Labor Commissioner.
(a)(c)Storage of Expressed Milk
Any employee storing expressed milk in any authorized refrigerated area within the City shall clearly label it as such. No expressed milk shall be stored at the City beyond the employee’s work day/shift.

Outside Employment or Activity

5.6.1 Policy
The City prohibitsAn employee shall nots from engageing in any paid or self-employment, activity, or enterprise which outside employment or activity that is inconsistent with, incompatible with, or in conflict with, or inimical to their City duties, or the duties, functions or responsibilities, or that of the department in which they are employed at of the City. In order to avoid perceived or actual conflicts of interest that may arise from outside employment, all employees must obtain City of Willits
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written approval from the Human Resources Manager or their designee prior to undertaking any outside employment as described in this policy.

5.6.2 No City-owned equipment, including, but not limited to, vehicles, instruments, tools, supplies, computers, or telephones may be used by any employee engaged in outside employment or activity, except upon written approval of the department head.

Outside Employment or Activity Defined
Outside employment or activity is any work performed, on a paid or volunteer basis, by a City employee outside of his or her employment with the City.

Prohibited Types of Outside Employment and Activities
An employee’s outside employment, activity or enterprise may be prohibited if itThe City prohibits any outside employment or activity that involves:

1. The use for private gain or advantage of City time,
facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of the City or employment at the Cityother resources;
The use of the employee’s uniform and/or badge of his or her City office or employment.

2. Receipt or acceptance by the employee of anyAccepting money or other consideration, from any person or entity other than the City, for the performance of any act that the employee would be required or expected to render regularly performs in the regular course or hours of his or herof their City employment as part of his or her duties for the City;

3. The performance of an act, not in his or herother than in their capacity as a City employee, which may later be
subject directly or indirectly to the control, inspection, review, audit, or enforcement by the employee or the City department in which he or she is employed;

4. Time demands which would likely render the employee’s performance of his or hertheir regular City
employmentduties less efficient or dangerous to the
employee.;
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Conditions in which there is a substantial danger of injury or illness to the employee; or Any act, whether or not for monetary compensation or other consideration, which is inconsistent, incompatible, in conflict with, or inimical to his or her duties for the City. a) Application Authorization for Outside Employment or Activity and Appeal Process Permit

1. ApplicationWritten Request
Any employee who wants to undertake a paid interested in outside employment, or activity, or enterprise must complete and submit a written request to their Ddepartment Hhead. The written request must include: (1) the work hours and/or time required; (2) job title or the nature of the activity; and (3) the work location.; and (4) the supervisor, manager and name of the employer or activity.an application for outside employment prior to participating in the outside employment or activity. The employee must indicate the nature of the employment or activity and the time period when the employee proposes to engage in the outside employment or activity.

2. ApprovalAnalysis and Decision
The Department Head will consult with the Human Resources Manager to determine if the outside employment, activity, or enterprise is compatible with the employee’s employment at the City. If the Department Head determines such activity is compatible, or would be if any conditions or restrictions applied, they will authorize the activity and specify the conditions/restrictions in writing, give the employee the outside employment authorization, and place a copy of the written authorization in the employee’s personnel. Approval of the department head and City Manager is required.

The City Manager’s decision is final.

3. One (1) Year Authorization:

An outside employment authorization is valid only up to one (1) year. Should the employee continue the outside employment, activity, or enterprise for a longer duration, they must make another request following the process in this policy.

4. Appeal:

If the Department Head denies an employee’s outside employment request, the employee may submit a written notice of appeal to the City Manager within 10 days after the date of the denial.

The decision on appeal will be put in writing, provided within 10 days after the receipt of the appeal, and will be final.

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b) Changes in Outside Employment Status
The employee must promptly report in writing to the Human Resources Manager any of the following changes that may occur during the year of an authorized outside employment: the outside employment ends; or the authorized employment changes as to the number of work hours, location, or types of duties.
c) Revocation/Suspension of Outside Employment Authorization Any outside employment authorization may be revoked or suspended during the year it is granted under the circumstances listed below. An employee may appeal the revocation or suspension as provided in this policy.

1. 1. The employee’s work performance declines; or

2. 2. An employee’s conduct or outside employment conflicts with the conditions of the outside work authorization or is incompatible with the employee’s work for the City.
d) Use of City Equipment Prohibited
Under no circumstances may an employee use any City equipment, vehicles, tools, supplies, machines, or any other item that is City property while an employee is engaged in any outside employment, activity or enterprise.

Employee Political Activities5.7 No Solicitation
a) No Solicitation During Work Hours or in City OfficesPolicy The City employees or officers may not solicit or receive political funds or contributions to promote the passage or defeat of any ballot measure that would affect working conditions during the working hours of its officers and employees, or in City offices.prohibits:

Employees and officers from engaging in political activities during work hours; Political campaigning in City buildings or on City premises adjacent to City buildings; and Employees and officers from using his or her office to coerce or intimidate public employees to promote, propose, oppose, or contribute to any political cause or candidate.

Those who violate this policy will be subject to discipline, up to and including termination.

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b) No Targeted Solicitation of City Officers or Employees Officers or employees of the City, or candidates for elective office of the City, may not directly or indirectly solicit political contributions from other officers or employees of the City unless the solicitation is part of a solicitation made to a significant segment of the public which may incidentally include officers from and employees of the City. c) No Political Activity in Uniform
No City employee or official shall participate in political activities of any kind while in a City uniform or other City-issued clothing.
d) No Political Activity on City Property or During Work Hours City employees and officials are prohibited from engaging in political activity during working hours or on City property.
(b) Examples of Prohibited Conduct
Participate in political activities of any kind while in uniform; Participate in political activities during working hours; Participate in political activities on City worksites, in City buildings, or on City property; Place or distribute political communications on City property; Use City equipment to make political communications;
Solicit a political contribution from an officer or employee of the City, or from a person on a City employment list, with knowledge that the person from whom the contribution is solicited is a City officer or employee;
Favor or discriminate against any employee because of political opinions or affiliations; Interfere with any election; or
Attempt to trade job benefits for votes.
(c) Examples of Permitted Conduct
Express opinions on all political subjects or candidates; City of Willits
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Become a candidate for any local, state, or national election; Contribute to political campaigns;
Join and participate in the activities of political organizations; Request, during off-duty time, political contributions, through the mail or other means, from City officers or employees if the solicitation is part of a solicitation made to a significant segment of the public which may include City officers or employees; Solicit or receive, during off-duty time, political contributions from a City employee organization if the funds, when collected, were not earmarked for a clearly identifiable candidate for a federal, state or local office; or
Solicit or receive, during off-duty time, political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of City officers or employees.

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SECTION 6. CLASSIFICATION PLAN
General
The Human Resources Manager Director shall ascertain and record the duties and responsibilities of all positions and, after consulting with affected Department Heads and reviewing applicable MOUs, shall recommend a classification plan, including job descriptions, for such positions. The plan and any revisions thereof shall become effective upon approval of the City Council or City Manager.

Following the approval of the classification plan, the Human Resources ManagerDirector shall allocate every position to one of the classifications established by the plan.

When a new position is created, such position may not be filled, until the classification plan has been amended and approved by the City Council to provide for the new positon.

The classification plan is comprised of a list of classes of positions supported by written specifications setting forth the duties and responsibilities of each class and the qualifications necessary for appointment to a position within that class.

Purpose
The purpose of the classification plan shall be to:
a) Provide like pay for like work.
b) Establish qualification standards for recruiting and testing purposes. c) Provide the appointing authority with a means of analyzing work distribution, areas of responsibility, lines of authority, and other relationships between positions. d) Assist the appointing authority in determining budget requirements. e) Provide a basis for developing standards of work performance. f) Establish lines of promotion.
g) Indicate training needs.
h) Provide uniform titles to positions.

Class
A class shall be comprised of one or more positions that are similar in the basic character of duties and responsibilities so that the same pay scales, title and qualification requirements can be applied, and the positions can be treated fairly and equitably under like conditions for personnel purposes.

Commented [HRS3]: How is this new edit?
Commented [4]: Need to add language pertaining to IBEW
classifications.

Commented [5R4]: It is not clear what additional language would be added. This language is consistent with IBEW MOU Article 5 (City Rights and Responsibilities) and Article 6 (Meet and Confer in Good Faith – Scope). But these provisions are not necessary to include in this paragraph. We see no reason to specify by bargaining unit.

Commented [KS6R4]: Change to add applicable MOU's
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Class Specifications
Each Department Head shall be responsible for establishing and keeping current class specifications for positions in his or her respective departments.

The class specifications shall state the characteristic duties, responsibilities, and qualification requirements which distinguish a given class from other classes. The class specifications shall describe the more typical types of work which may be allocated to a given class, but shall not be construed to restrict the assignment of other duties related to the class.

Administration of the Classification Plan
The classification plan shall be established and maintained through recommendations of the Department Heads to the City Manager. The City Manager, subject to budget authorization, shall have final authority, and may establish a new class, create a new position within a class, reclassify a position within a class, or reclassify a position to a different class.

When a new position is proposed by a Department Head, a request for classification of the position with a description of the applicable duties and responsibilities shall be sent to the City Manager.

The City Manager shall allocate the position to the proper class after analysis and evaluation of duties and responsibilities.

Reclassification
(a) Basis for Reclassification
The Human Resource Manager may initiate a job audit to determine whether the duties of a position have changed to such an extent that they necessitate reclassification of the position from the existing classification to a more appropriate classification. Upon completion of the job audit, the Human Resource Manager shall make a recommendation regarding reclassification to the City Council or City Manager.

An employee may request, or Ddepartment Hhead may recommend, reclassification of a position when duties and responsibilities of the position have significantly increased or decreased or changed.

Reclassification is initiated by a written recommendation from the Ddepartment Hhead to the City Manager describing why the employee’s position merits reclassification or a reclassification study.

Reclassification from one class level to another can only occur by a job analysis clearly documenting that the department head has assigned to the employee’s position new, additional and/or different duties requiring a different level of knowledge, skill and ability, experience and/or education, training and/or certificates. In all cases the employee must meet the minimum education City of Willits
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and experience qualifications for the new classification. The basis for a reclassification shall be the gradual change of duties over a significant period of time or assignment of different duties.

Employment Status
City employment is defined as follows:
a) FLSA Overtime Exempt Employee
An employee who meets one or more of the duties test exemptions from overtime under the FLSA (e.g., executive, administrative, professional, computer employee) and who is paid on a salary basis, meaning that he or she is compensated in a predetermined amount that is not reduced, regardless of the quality or quantity of work actually performed, except as allowed by law or required by the City’s principles of public accountability for partial-day absences. b) FLSA Overtime Eligible Employee
An employee who is entitled to FLSA overtime, regardless of whether paid on a salary or hourly basis. An employee who is assigned to an FLSA-exempt position on an acting or temporary basis only will remain overtime-eligible. c) At-Will Employee
An “aAt-will” employee is onerefers to any City employee who serves at the pleasure of the appointing authority, has no property right in continued employment with the City, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal. 1) does not hold regular status; or 2) serves at the pleasure of the Council or another City employee or appointee; or 3) can be terminated at any time without cause and without the opportunity to appeal.

Employees who move from a “regular”different employment status to an at-will position will be required to sign a notification and acknowledgment of at-will employment as a condition of employment.
d) Probationary Employee

1. A probationaryn employee is an employee who is serving a probationary period after beginning employment with the City or after being promoted to a higher job classification. During the initial The probationary period, a probationary employee serves at the pleasure of the appointing authority, has no property right in continued employment, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal. A probationary employee serving in the initial City of Willits
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probationary period is an at-will employee. is part of the selection process, during which the City determines whether work performance or work-related behavior meets the required standards of the position. In the case of promotional probation, upon rejection from probation for failure to meet probationary standards, the probationary employee may be returned to his/herthe employee’s previously held positon if there is a vacancy in that position. If there is no vacancy and/or the probationary employee is rejected from probation for reasons that constitute “just cause” under the City’s personnel rules, the probationary employee will be entitled to pre- and post-discipline due process as provided under the City’s discipline rules prior to the employee’s release from employment.
2 Length of Probation: Unless otherwise specified by memoranda of understanding or these Rules, the probationary period is six (6) months one thousand forty (1040) hours of actual and continuous service. The probationary period is automatically extended by the length of any leave(s) of absence of forty (40) hours or more.

3. Separation Without Cause
At any time during the probationary period, the appointing authority can terminate the employment relationship without cause and without right of appeal, grievance or hearing. Employees on probation due to a promotion, transfer, or reappointment are subject to Section 8.2.1 and 8.2.2 of these rules.

4. Regular For-Cause Appointment Requires Recommendation No probationary employee will receive a for-cause regular appointment without a written recommendation from the Ddepartment Hhead. The probationary employee shall be notified by the Ddepartment Hhead prior to the expiration of the probationary period that he or she hasthey have been rejected or approved for regular for-cause appointment.
e) Regular For-Cause Employee
A for-cause n employee is an employee who has satisfactorily who is regularly scheduled to work on a continuing basis and has completed the initial probationary period or the probationary period after being promoted to a higher job classification, and cannot be disciplined, except when the City has cause to do so. for the position he or she holds. A for-causeregular employee has a property right in continued employment with the City, and is entitled to pre- and post- disciplinary procedural due process and evidentiary appeals in certain types of disciplinary proceedings City of Willits
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that may result in a significant deprivation of propertymay only be terminated from City employment for cause and has associated procedural due process, appeal and grievance rights.
f) Full-Time Employee
A full—time employee is an employee whose position is budgeted to work at least forty (40) hours per week. Full-time employees are entitled to all benefits provided in these Policies, unless otherwise provided in a CBA or MOU or an employment agreement approved by the City is assigned to work the maximum number of work hours scheduled by a particular department or division. g) Part-Time Employee
A part-time employee is an employee whose position is budgeted to work less than forty (40) hours per week. Part-time employees may have different rights to leave and other benefits under the law or these Policies, depending on the number of hours they work is assigned to work less than the maximum number of work hours scheduled by a particular department or division.
h) Temporary/Seasonal Employee
A temporary employee is an at-will An employee who is not appointed from an eligible list, but is assigned to work on a particular project or for a job of limited or definite duration that is not to exceed six (6) months a temporary employee. A temporary employee serves at-will, at the pleasure of the appointing authority, has no property right in continued employment, and is not entitled to any pre- or postdisciplinary procedural due process or evidentiary appeal: 1) does not hold regular status; 2) does not serve a probationary period; 3) can be dismissed at-will from City employment at any time without right of procedural due process, appeal, grievance or hearing; and 4) is not entitled to earn, accrue, or participate in any City employee benefit plans, or paid or unpaid leaves.

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SECTION 7. COMPENSATION PLAN
General
The City Manager for the City shall be responsible for the preparation of a Compensation Plan following City Council approval of any adjustments in wages, fringe benefits and other matters related thereto. The Compensation Plan shall prescribe the pay range for each classification, allocate classes thereto and provide for any appropriate special compensation provisions. The Compensation Plan shall utilize a standardized salary schedule according to the applicable MOU. containing five steps within each schedule. Employees must be compensated at an established step within the standardized schedule.

The Compensation Plan is available upon request from the Human Resources Department.

Appointment Rate
Except as otherwise provided herein, all new employees, whether full or part-time, shall be compensated at the minimum rate of the salary range in effect for the class in which the appointment is made.

The City Manager or his or her designee may authorize the appointment of new employees at a higher salary step in the salary range in effect when it is determined that there is a direct and measurable benefit to the City. Factors to be considered include: the quality and quantity of the appointee’s previous training and experience; the difficulty in recruiting qualified, experienced applicants; and a determination that the performance of the appointee has a significant impact on City or departmental programs and policies.

Compensation on Promotion
A regular or probationary employee who is promoted to a position in a class with a higher salary range shall be compensated at the entry rate of the higher salary range, or at a rate which would provide a minimum increase required by an applicable Memorandum of UnderstandingMOU above the rate he or she was receiving prior to promotion. In no event, however, shall the salary after promotion be higher than the top step of the salary range of the new position.

Upon satisfactory completion of the employee’s probationary period into which he or she is promoted, the employee shall be advanced in accordance with Section 7.8. This date of satisfactory completion of the probationary period will become the employee’s new annual review date.

Compensation for Acting Appointments
Subject to the following limitations, an employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which he or she City of Willits
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is normally assigned shall receive the entrance salary rate of the higher salary range, or a minimum established by current applicable Memoranda of UnderstandingMOU. In no event, however, shall the salary for the acting position be higher than the top step of the salary range of the higher class. a) Limitations

1. The acting appointment must be to a position in a higher class occupied by a regular employee on suspension or on an authorized leave of absence; or to a position for which a vacancy exists.

2. The written approval of the City Manager shall be required.

3. The employee must serve a minimum number of work hours in accordance with current applicable Memoranda of
UnderstandingMOU on a consecutive basis in the higher class at his or her normal rate of pay prior to being eligible for the higher pay rate. Upon completion of such consecutive work hours in the acting position, the employee shall be paid the higher rate for all additional consecutive hours thereafter.

Compensation on Demotion
a) Demotion Based on Unsatisfactory Performance (For Cause) An employee who is involuntarily demoted to a position in a class with a lower salary range because of unsatisfactory performance shall have his or hertheir salary reduced to the entry rate of the class to which he or she isthey are demoted.

If the employee was previously promoted from the lower class, the employee will be compensated at the same rate he or she wasthey were receiving prior to the promotion.
b) Demotion for Other than Unsatisfactory Performance
An employee who is either demoted at his or hertheir own request or by the City for a reason unrelated to performance, to a position in a class with a lower salary range, shall have his or hertheir salary reduced to the highest rate in the lower salary range that does not constitute an increase in salary. c) Demotion for Y-Rated Employees
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If an employee is Y-rated (i.e., salary is frozen) and requests a voluntary demotion, his or hertheir salary shall be reduced to the highest rate in the lower salary range.

Reemployment of Regular Employees
On written recommendation of the Department Head and approval by the City Manager, a former regular employee may be reemployed in the class or position he or she occupied at the time of separation, subject to the following conditions:

1. There must be a vacant position in the class and no layoff reemployment list for such class, or if an active list exists, all eligible former employees who were subject to layoff must have been contacted and either found ineligible for reinstatement or rejected it.

2. The employee must have completed at least one (1) year of continuous service in the class immediately prior to separation from City employment.

3. The employee separated from City employment under favorable circumstances, i.e., in good standing.

4. The reemployment occurs within one (1) year after separation.

5. The employee shall be required to serve a probation period.

6. The employee may be required to pass a medical and/or psychological examination or drug screen and any other qualifying tests as prescribed by the City Manager.

7. The compensation of a former regular employee who is reemployed in the class or position he or she occupied at separation shall be as determined by the City Manager but in no case shall it exceed the schedule, level and salary step which he or she was receiving at separation. There shall be no reinstatement of any benefits accrued during the previous employment period, but credit shall be granted for prior services for purposes of benefit accrual rates.

Reemployment of Temporary Employees
The City Manager may authorize compensation at any rate within the salary range for persons reemployed for temporary services. Such reemployment is within the sole discretion of the Department Head with the City Manager’s approval.

Merit Increases
Salary increases are not automatic. They are based on merit and are subject to a written performance evaluation from the Department Head to the City Manager certifying that the employee has been performing work which consistently meets or exceeds department standards, and is improving in his or her ability to carry out the job assignment. Department Heads are responsible for timely performance reviews, as described in Section 8 of these rules. a) Eligibility
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Employees will become eligible for merit increase consideration every twelve (12) months two thousand eighty (2080) hours of work, or pro-rated amount for part time employees, after acquiring regular status until they reach the top step of the salary schedule within their classification.
b) Effective Date
All merit advancement increases shall be effective on the first day of the first pay period following City Manager approval. Employees receiving merit increases shall be advanced to the next higher step in the salary schedule. c) Completion of Probation
Upon satisfactory completion of the probation period, as evidenced in writing by the Department Head and approved by the City Manager, a full time employee will obtain regular status and receive an initial merit increase. This date will become the employee’s new annual review date.
d) Temporary Employees
Temporary employees shall not be eligible for merit increases. e) Part-time Employees
Part-time employees shall be eligible for salary increases only upon recommendation of the City Manager and any other obligations imposed by any applicable MOU.

Regular Appointment from Temporary Status
Notwithstanding any other provisions of these regulations, a temporary appointee in a class who, without a break in service, receives a probationary appointment to a regular position in the same or different class shall be eligible for consideration for a merit salary increase upon satisfactory completion of the probation period, as evidenced in writing by the Department Head and approved by the City Manager. The employee shall accrue leave benefits from the date of the temporary appointment, although he or shethey will not be eligible to use them until the probation period for the permanent position is successfully completed.

Appointment to a Reclassified Position
a) Class with Same Salary Range
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If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate of the employee shall not change. This provision shall also apply to a change of class title, provided there is not a change in the basic duties of the position. b) Class with Higher Salary Range
If the position is reclassified to a class with a higher salary range than the previous class, the incumbent reclassified shall be compensated at the entry rate of the higher salary range or at the rate which would provide a minimum of 5% above the rate he or she wasthey were receiving prior to reclassification, whichever is greater. In no event shall the employee receive a salary higher than the top step of the new range.
c) Class with Lower Salary Range
If the position is reclassified to a class with a lower salary range than the previous class and if the incumbent is appointed to the reclassified position, his or hertheir salary rate shall not change. If the salary is greater than the maximum rate of the lower salary range, the salary shall be Y-rated (i.e., salary is frozen) and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee.

Overtime Compensation
a) Prior Approval Required.

Overtime-eligible employees are not permitted to work overtime except as the Department Head authorizes or directs. No employee may work overtime without receiving the approval of the appropriate supervisor prior to performing the work.

Working overtime without advance approval is grounds for discipline unless there is an immediate public safety need or otherwise stated in an MOU. b) “Overtime” Defined.

Unless otherwise stated in a memorandum of understanding, “overtime” is all hours an overtime-eligible employee actually works in excess of forty (40) hours worked in his or hertheir designated work week. Overtime is compensated at one and onehalf (1.5) times the Fair Labor Standards Act regular rate of pay. Only actual hours worked shall be counted toward the forty (40) hour threshold for purposes of calculating FLSA overtime pay; paid leave will not be counted.

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Compensatory Time Off
a) Supervisor Approval Required Before Work.

An overtime-eligible employee may opt to accrue compensatory time-off (“CTO”) in lieu of cash payment for overtime worked. The employee must obtain approval from their supervisor before working overtime. if his or hertheir supervisor agrees prior to overtime work being performed. b) Accrual Rate
CTO accrues at the rate of one and one-half (1.5) hours for each hour, or fraction thereof, worked over forty (40) hours of actual work in the employee’s designated work week. Time paid in leave status does not count toward CTO. c) CTO cannot be accumulated in excess of eighty (80) hours at any given time, unless agreed to in an applicable Memorandum of UnderstandingMOU. d)c) Employee Requests to Use CTO
The City will grant an employee’s request to use accumulated CTO provided that:
1) the department can accommodate the use of CTO on the day requested without undue disruption to department operations; and 2) the employee makes the request in writing to the supervisor no later than five (5) days prior to the date requested.
e) If the employee does not provide five (5) days’ notice, or if the department cannot accommodate the time off without undue disruption, the City will provide the employee the opportunity to cash out the CTO requested at the end of the current pay period.
f)d)City Cash Out
The City reserves the right to cash out accumulated CTO at any time. with 14 days notice down to a balance of 44 hours. For eEmployees who have accumulated the maximum number of hours of CTO, as permitted by the applicable MOU, will no longer accumulate CTO until the excess CTO has been cashed out.
g)e) Value of CTO Cash Out
During employment, CTO is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials and special pays).

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Separating employees shall be compensated for all accrued, unused compensatory hours at their current FLSA regular rate of pay, or their average FLSA regular rate for the prior three (3) years, whichever is higher.
h)f)MOU CTO
“MOU CTO” is CTO that is earned on a daily basis as may be permitted by a memorandum of understanding (“MOU”). MOU CTO is subject to the CTO procedures listed in that MOU, except that MOU CTO will be accounted for in an accrual separate from the FLSA-CTO described above.

Miscellaneous Compensation
a) Standby Duty While On Regularly Scheduled Time Off
This section applies in the absence of an applicable Memoranda of UnderstandingMOU (“MOUs”)..

Standby duty requires the employee to be so assigned by the Department Head or designee:

1. To be ordered in writing to be ready to respond as soon as possible to calls for service.

2. To be reachable by pager, beeper, radio or telephone at all times.

3. To remain within a reasonable distance from their work station.

4. To refrain from activities which might impair his or her ability to perform assigned duties.

5. If an employee is on “standby duty,” he or shethey will be compensated in accordance with current applicable Memoranda of UnderstandingMOU. In addition, if called out, actual time worked shall be compensated at one and one half times the employee’s regular rate of pay and pursuant to minimum call out provisions described in any MOU.
b) Discretionary Special Duty Pay
An exempt employee may be granted a special pay of between 5% and 15% above their regular scheduled pay if that employee is asked to perform an extraordinary duty outside of their regular job duty that is normally performed by an outside Formatted: Indent: Left: 1"
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contractor, or by a position that is vacant when this assignment represents a savings or benefit to the City, under the discretion of the City Manager. Documentation and rationale must be given before the Special Pay is granted. This pay may be rescinded by the City Manager at any time. Funds must be available within the budget for this pay, and if not, a budget amendment request must come before the City Council.
*Adopted Resolution 2018-33 on June 13, 2018
Prohibited Salary Deductions
Notwithstanding any other provision in these Rules, the City will not reduce the pay of any FLSAexempt employee for any of the following reasons:

1. Any disciplinary reason, except for suspensions in one (1) day increments for violations of workplace conduct rules;

2. Jury duty, except by the amount of juror fees;

3. Temporary military leave of up to three (3) months; or

4. Witness leave except 1) when the leave is to pursue the employee’s own legal action and 2) by the amount of any witness fee received.
a) Complaint Procedure
The City prohibits any reductions from an FLSA-exempt employee’s pay that are contrary to FLSA requirements. Any FLSA-exempt employee who believes that his or her salary has been reduced in violation of the FLSA, can file a written complaint with the Human Resources ManagerDirector. The complaint must be dated, signed, and describe the specific pay reduction at issue. The Human Resources Manager Director will review the complaint. If a reduction in violation of the FLSA is found, the City will promptly reimburse the employee for the amount of the pay reduction, and institute good faith measures to insure that the error does not occur in the future.

Air Travel
Where an employee is authorized to fly by commercial airline for a trip that is related to a direct consequence of the employee’s work duties, the ticket shall be by economy fare. All flights and fares shall be approved in writing in advance by the employee’s Department Head. The City shall reimburse the employee for actual bus, shuttle or cab fares incurred for travel to and from the airport.

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Lodging
Employee’s lodging expenses will be paid while traveling on City business. Employees are expected to be economical in selection of accommodations. All lodging expenses shall be approved in writing in advance by the employee’s Department Head.

Meal Allowance
Any employee traveling on City business shall receive, in addition to transportation and lodging expenses, a meal allowance (“MA”) to cover meals. The total allowance will be granted to the employee before departure. The per diem amount for MA shall be set by the City Manager, in accordance with any current applicable Memoranda of UnderstandingMOU. The MA shall be considered fair reimbursement, and the employee shall neither be required to account for use of the MA, return unused portions, nor claim additional expenses for these items.

An employee shall be eligible for breakfast per diem if required to travel on City business prior to 7:30 a.m. in order to reach the destination on time, and dinner if he or she isthey are required to travel on City business after 6:30 p.m. The employee may be authorized a dinner MA if he or shethey are is required to travel on City business the evening prior to a conference, meeting or class.

An employee shall not receive a MA when that meal is included in the registration cost of a conference or class. Conversely, if a meal is included as part of the conference, but the cost is additional, the employee may be reimbursed the additional out of pocket expenses for the meal provided receipts are turned in to the Finance Director.

Except for Police Service employees, a City employee who is required to work for eight (8) straight hours in a row, without benefit of a meal break, may be reimbursed at the appropriate rate provided herein for one meal payable to either the employee or the restaurant upon the approval of the Department Head.

Telephone Reimbursement
Employees may elect to receive a cell phone stipend to compensate for costs incurred when using their personally-owned cell phone for City-related business. The City will provide a monthly stipend intended to cover all cell phone services, including texting, upon employee’s execution of the Employee Cell Phone Stipend Agreement. Stipends are fully taxable however other employee deductions such as retirement are not affected by the stipend.

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SECTION 8. EMPLOYEE STATUS
Probationary Period – Initial Appointments or Promotions a) Initial Appointment: The probationary period is part of the examination process and is used to determine whether work performance or work-related behavior meets shall be regarded as part of the initial selection process and shall be utilized for closely observing the employee’s performance; for securing the most effective adjustment of an employee to his or her position; and for reviewing the performance of any employee who does not meet the required standards of the position to which he or she was appointed or promoted. A probationary employee may be rejected at any time during the probationary period with or without cause or reason, without notice or appeal or grievance and without any rights under the policy for discipline and procedures. The probationary employee will be notified prior to the expiration of the probationary period that they have been rejected from probation.
b) Promotional Probation: A promotional probationary employee may be rejected at any time during the promotional probationary period with or without cause or reason, without notice or appeal or grievance, and without any rights under the policy for discipline and procedures.
c) In the event that a promotional appointee does not pass probation or if the employee wishes to return to their former position during the promotional probationary period and the promotional appointee’s prior position is vacant, the City shall return the appointee to their prior position at the range and step held prior to promotion. If the promotional appointee’s prior position is not vacant, the City shall appoint the employee to another vacant position in the same or lower classification as the prior position, at the time the employee does not pass probation and the employee meets minimum qualifications. The employee shall not serve a new probationary period if returned to their prior position.If the employee fails to satisfactorily complete the probationary period in the promotional position, the employee may return to the position held prior to promotion at the range and step held prior to promotion, if there is a vacancy in the prior position, unless they are terminated for cause. If there is no vacancy and/or the probationary employee is rejected from probation for reasons that constitute “just cause” under the City’s personnel rules, the probationary employee will entitled to pre-discipline due process as provided under the City’s discipline rules prior to the employee’s release from employment. a) A rejection notice must be sent by the Department Head to the City Manager as well as to the probationer. A copy of the rejection notice shall be retained in the employee’s personnel file together with such other forms as may be prescribed by the City Manager.During the probation period, an employee may be rejected at any time by the Department Head without cause and without the right of appeal City of Willits
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Rejection of a probationary employee must be made prior to the completion of the probationary period. A rejection notice must be sent by the Department Head to the City Manager as well as to the probationer. A copy of the rejection notice shall be retained in the employee’s personnel file together with such other forms as may be prescribed by the City Manager.

Probationary Period Length – Non Police Service
Unless otherwise specified by an MOU or these Polices, tThe initial probationary period for all positions or promotion to a new position, except Police Service, shall be one thousand forty (1040) hourssix months of actual and continuous service for all new employees. The probationary period is automatically extended by the length of absence of one workweek or more.

All promotions, transfers and reappointments, except police services, will be subject to a probationary period of one thousand forty (1040) hours. During this probationary period employees will accrue seniority and shall be protected in discharge procedures as other regular employees.

In cases, except police service, where a promoted, transferred, or reappointed employee has not met the requirements for completing probation, but where the Department Head has evidence that the employee has the capability of meeting those requirements if given more time, the Department Head may extend the probation period at the discretion of the City Manager or their designee. The probation period may be extended for an additional six (6) months, but in no event shall the total probation period exceed twelve (12) monthstwo thousand eighty (2080) hours. Such extensions shall be documented in the manner prescribed by the City Manager at a time prior to the completion of the initial probationary period. This paragraph does not apply to new probationary employees.

8.2.1. Probationary Period Length – Police Service and Dispatchers The initial probationary period for all Police Service and dispatcher positions shall be eighteen (18) months three thousand one hundred twenty (3120) hours for all new employees. The grant of any leave of absence, including military leave, will cause the employee’s probationary period to be extended by the length of the leave of absence.

All promotions, transfers and reappointments shall be subject to a probationary period of twelve (12) months. two thousand eighty (2080) hours. During this probationary period employees will accrue seniority and shall be protected in discharge procedures as other regular employees.

However, on promotional probation, the City Manager or designee can reject the employee from the promotional position during the probationary period without cause and without the right of appeal.

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In the case of an employee who appears through performance ready to fulfill all the job responsibilities of a regular employee, the Department Head may reduce the probationary period by up to six (6) months one thousand forty (1040) hours upon approval of the City Manager. Under no circumstances will the probationary period be less than twelve (12) months.two thousand eighty (2080) hours.

In cases where a promoted, transferred or reappointed employee has not met the requirements for completing probation, but where the Department Head has evidence that the employee has the capability of meeting those requirements if given more time, the Department Head may extend the probation period an additional three (3) monthsfive hundred twenty (520) hours, but in no event shall the total probation period exceed fifteen (15) months. two thousand six hundred (2600) hours.

Such extensions shall be documented in the manner prescribed by the City Manager. at a time prior to the completion of the initial probationary period.

Regular Status – Initial Entry or Promotion
When an employee first receives regular status, the employee shall be advanced to the next pay step in the employee’s pay range as provided in these rules.

Seniority
Except as otherwise defined in other sections of these rules, seniority is determined based on means the length of an employee’s continuous service from the employee’s date of hire with the City. An employee who has not completed the initial probationary period shall not be considered to have seniority, and is not a regular employee.

The City shall post the seniority list and supply employees with copies on January 1 and July 1 of each year. Within each Department, preferences in vacation scheduling and extra days off shall be by seniority within classes, provided requests are made before April 15th of each year.

An employee’s continuous service record (seniority) shall be broken by voluntary resignation, discharge for just cause, or retirement. However, if an employee returns to work in any capacity within one (1) year, the break in continuous service shall be removed from their record, and the employee will begin accruing seniority without loss of previous accrual (not to include the period of leave or separation). Seniority is not impacted by leaves available pursuant to state and federal law.

Transfers
a) Voluntary Transfer
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Requests for transfers shall be given consideration when a suitable vacancy occurs in the same class. Requests, including a resume of qualifications from employees, for transfers from one department to another, shall be made in writing and shall be directed to the employee’s present Department Head with copies to the appropriate Department Head and the City Manager.
b) Involuntary Transfer
A Department Head may involuntarily transfer an employee in the same class at any time and for any non-disciplinary reason. An employee so transferred has no right of appeal.

Separation
All separations of employees from positions in City employment are designated as one of the following types:
(a) Probationary Release;
(b) Release of seasonal/temporary employee;
(c) Resignation;
(d) Retirement;
(e) Job abandonment;
(f) Layoff;
(g) Non-disciplinary separation; or
(h) Disciplinary separation.

Upon separation of any employee for any reason the employee shall be paid a lump sum for all earned but unused compensatory time off, holiday and vacation credits.

Before separation, all employees must complete an exit interview with their Supervisor, Department Head or the City Manager (the employee is given the choice). The purpose of this interview is to clarify the factors leading to the separation for the benefit of both the employee and employer. A summary of this interview shall be prepared on the form provided by the City, signed by both parties, and placed as the final document in the employee’s personnel file.

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Before an employee’s separation date, he or shethey must complete the separation clearance (returning all equipment, keys, etc.).

If the employee’s separation date does not coincide with the last day of a pay period, the employee will receive compensation for time worked based on an hourly the appropriate pay schedule. (a) 8.6.1 Layoff

1. Statement of Intent
Whenever, in the judgment of the City Council, a reduction in personnel is necessary for economic or operational reasons, any it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal.for non-disciplinary reasons.

2. Notification
Employees shall be given not less than twenty-one (21) fourteen (14) calendar days’ written notice.

3. Order of Layoffs
Employees shall be laid off in inverse order of their seniority in their classification in the department. “Seniority” is determined defined asbased on the length of employment in the affected classification in the department, or higher classifications in the department.time from the date of hire in the classification. Length of employment includes all days of employment in attendance at work and on authorized or legally-protected leaves of absence. Length of service does not include unauthorized periods of leave or suspension or layoff. Within each classification, employees will be laid off in the following order, unless special skills are required: temporary, part-time, probationary, and for-cause status. regular.

In cases where there are two or more employees in the classification in the department from which the layoff is to be made who have the same seniority date and same special skills, if any, the employee to be laid off will be decided by lottery. such employees will be laid off on the basis of the last evaluation rating in the class,
providing such rating has been on file at least thirty (30) days and no more than twelve (12) months prior to layoff, as follows:

First, all employees having ratings of “improvement
needed;” second, all employees having ratings of
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“competent;” third, all employees having ratings of
“outstanding.

4. 4. Displacement Bumping
For-causeAny employees who are noticed for layoff and who have held for-cause status in a lower classification within the same classification series in the same department, may displace employees in the lower classification provided that the employee seeking to displace has greater length of employment in the lower classification than the incumbent in the lower classification. Employees in lower classifications will be displaced in inverse order of their length of employment in the classification. Any employee who seeks to displace another must provide the Human Resources Manager Director with written notice no later than five (5) working days after the date of the notice of layoff. is designated to be laid off who had advanced to his or her present classification from a lower classification in which he or she held a regular appointment shall be given a position, if available, in the lower classification in the same department. Availability of such position shall be defined as a position authorized and budgeted. If a lower classification position is not vacant, the employee being laid off from the higher position shall automatically have the right to occupy the lower classification and an employee occupying the lower classification with less seniority in the classification shall be laid off instead.

Seniority in the lower classification shall be established according to the date of original appointment to that class, except that employees who previously occupied a position of a higher class, but occupy the lower classification due to layoffs, shall have a higher seniority.

5. 5 Transfer
If the Human Resources ManagerDirector determines that a for-cause employee who is subject to layoff is qualified to perform the duties in a vacant position, the employee will receive a written notice of option to transfer in lieu of layoff. An employee who does not accept a transfer within 10 days after the date of the written notice, forfeits the option to transfer. An employee who accepts a transfer will be paid the rate applicable to the position into which they transfer.

6. Appeal
An employee who has been noticed for layoff, and who has any questions or concerns about the layoff decision or process may make an appointment to be heard by the Human Resources ManagerDirector for an informal pre-layoff review. The employee must request this appeal in writing within five (5) business days from the date of the notice of layoff. The Human Resources ManagerDirector’s decision is final.

5.7. 7. Reemployment Rights for Laid Off Employees
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Regular employees, who have received a satisfactory or better evaluation for the twelve (12) months prior to layoff, have completed their probationary period and who have been laid off shall be called back from layoff according to seniority in the class from which the employees were laid off within the department..

No new employees shall be hired in any class until all employees, who have been previously laid off within the immediately preceding twelve (12) month period and who are on layoff reemployment status in that class have had the opportunity to return to work.

An employee on layoff status shall accept or decline an opening within seven (7) calendar days’ notice of an available position. The employee must be prepared to return to work within fourteen (14) calendar days of accepting a position. Such notice shall be provided to the last address set forth in the employee’s personnel file.
(b) 8.6.2 Resignation
Resignation is an employee’s voluntary separation from City employment. Department Heads have authority to accept resignations. To resign from City employment in good standing, an employee must inform his or her Department Head or the Human Resources Manager in writing at least two (2) weeks prior to the effective date of resignation. In the case of a Department Head, the resignation must be provided to the City Manager. A resignation becomes final and irrevocable at the time the Department Head or City Manager accepts the resignation. (c) 8.6.3 Non-Disciplinary Separation for Disability
Any employee separated because of an inability to accommodate after the reasonable accommodation and interactive process is concluded, will be given a written pre-separation notice of the reasons for the separation, the evidence supporting the decision to separate for nondisciplinary reasons, and an opportunity to respond before the separation takes effect. The separation for disability process will be in accordance with the requirements of Government Code section 21150 et seq., if applicable. Any for cause employee has the opportunity for a postseparation appealWhen it is determined, on the basis of medical examination(s), that an employee is physically or mentally incapable of performing his or her essential job functions with or without reasonable accommodations, or would cause an undue risk of harm to the employees or others, the City may take action to separate the employee from City service in compliance with applicable state and federal laws.
a) Disciplinary Separation
A for-cause employee may be separated for disciplinary reasons pursuant to the policy and procedures in Section 13.

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(d) 8.6.4 Job Abandonment
An employee is deemed to have resigned from their position if the employee is absent for three (3) consecutive work days without prior authorization and without notification during the period of the absence. Only regular employees will receive notice of intent to terminate, an opportunity to respond, and final notice of termination for job abandonment. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee has any right to evidentiary appeal for separation due to job abandonment.

8.6.5 Retirement
An employee planning to retire may provide a written notice to the Human Resources Manager prior to the effective date of the retirement. A notice of retirement becomes final when Human Resources Manager accepts the notice of retirement in writing. Once a notice of retirement has been accepted, it is final and irrevocable.

8.7 Employee Performance Evaluations
a) Performance Evaluations
A non-probationary employee’s supervisor will prepare and sign a written performance evaluation on a City form for each performance evaluation period.

The Department Head will review and approve all performance evaluations of subordinates in their department. The City Manager will review and approve all performance evaluations of Department Heads or any other employees under their direct supervision. Additional performance evaluations may be prepared at any time the Human Resources DirectorManager or Department Head deems necessary.
b) Probationary Employee Performance Evaluations
On or about the completion of six (6) months of a probationary period, and again at any point prior to separation or the successful completion of the probationary period, the probationary employee’s supervisor will prepare and sign a performance evaluation. The purpose of the probationary performance evaluation is to chart the probationer’s progress toward meeting the standards of their position.
(a)c) Frequency
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Commented [7]: Suggested changing to "Annual Performance Evaluation."
Commented [8R7]: The current title is more expansive as the provision includes that additional performance evalations may be prepared at anytime deemed necessary. There is a separate provision below that addresses the frequency of evaluations.

Commented [KS9R7]: Ok w/annual language
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A supervisor has authority to evaluate a subordinate’s performance as often as the supervisor deems appropriate. Employee performance will be evaluated at least one time each year.
(b)d) Process
The evaluation of an employee’s performance is an ongoing process. Evaluations must be documented in a writing. The supervisor(s) will review the evaluation in a private meeting with the employee. The employee shall sign the performance evaluation to acknowledge that the employee is aware of its contents and has discussed the evaluation with his or her supervisor. The employee’s signature on the evaluation does not necessarily indicate agreement with its contents. The employee will receive a copy of the evaluation after the meeting with the supervisor(s) and a copy of the evaluation will be placed in the employee’s personnel file.

Performance Evaluations are to be completed cooperatively by the employee and his or her Department Head. They are to be completed within the scheduled month and may be initiated by either the employee or Department Head. The Department Head may solicit input from one or more immediate supervisors if they desire to do so. Employees who are assigned to more than one department will be evaluated jointly by both Department Heads. The employee and Department Head(s) are required to sign the forms. All evaluations will be reviewed by the City Manager. All evaluations will be placed in the employee’s personnel file and the employee will be provided with a copy. (c)e) No Appeal
An employee has no right to appeal or submit a grievance regarding any matter relating to the content of a performance evaluation. Instead, the employee may comment on the evaluation in a written statement submitted within ten (10) days after the employee receives the evaluation. The evaluation, and any written comment, will be filed in the employee’s personnel file. (d)f) Special Evaluations

1.Special Evaluations, which are evaluations that occur more frequently than the annual evaluation, may occur:

2.Prior to any promotion or transfer.

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disciplinary action exceeding an oral or written reprimand.

4.When an employee requests a performance evaluation at a scheduled time, or any other time. Upon such request, the Department Head or designee will complete the evaluation as soon as possible. Such special evaluation shall not be grounds for a merit increase and shall be limited to performance review purposes only. An employee can only request a performance evaluation once every six (6) months.

At the employee’s request at least six (6) months after a performance review which was cause for the employee to fail to obtain a merit increase. Such special evaluation shall not be grounds for a merit increase and shall be limited to performance review purposes only. An employee can only request a performance evaluation once every six (6) months.

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SECTION 9. WORK WEEK, ATTENDANCE AND LEAVE BENEFITS
Work Week
Unless otherwise specified in a memorandum of understanding or payroll record, or as designated in a flexible work schedule, or as designated in a FLSA 29 USC § 207(k) schedule for safety employees, the work week begins at 12:01 a.m. Monday and ends at 11:59 p.m. Sunday.

Attendance
All employees are expected to be at their workstations and ready to work at the start of their scheduled work day or shift. Work hours shall be assigned to meet operational needs. The Department Head may change an employee’s work schedule or hours at any time, unless otherwise specified in an applicable MOU. Each employee is required to accurately note work times and absences on his or her time sheet.

Absence Control
Arriving late to work , returning to work, or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited. An overtime-eligible employee is required to seek advance permission from his or her supervisor for any foreseeable absence or deviation from regular working hours.
(a)a) Employee’s Duty to Notify of Unforeseen Late Arrival or Absence An overtime-eligible employee who is unexpectedly unable to report for work as scheduled must notify his or hertheir immediate supervisor no later than the beginning of the employee’s scheduled work time and report the expected time or duration of any late arrival or duration of absence. If the employee’s immediate supervisor is not available, the employee must notify the Ddepartment Hhead or another supervisor.
a) An employee who fails to timely notify the supervisor of absences, or who is not present and ready to work during all scheduled work times will be deemed to have an unauthorized tardy or absence.
b) Unauthorized Absence is Prohibited
Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited, absent authorization. An overtime-eligible employee who fails to timely notify the supervisor of any absences as required by this policy, or who is not present and ready to work during all scheduled work Formatted: Body Text, Left, Numbered + Level: 1 +
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times will be deemed to have an unauthorized tardy or absence and will not receive compensation for the period of absence.
(b)c) Excessive Tardiness/ Absenteeism and Abuse of Leave Excessive tardiness occurs when an overtime-eligible employee who, without authorization, is late to work or late returning from breaks more than three times during any thirty (30) day period. Excessive absenteeism occurs when the number of unprotected unapproved absences for reasons that are not (absences due to other than leaves authorized by state or federal law,) exceeds three (3) days in any three (3) month period. Excessive tardiness or absenteeism maywill be grounds for discipline, up to and including termination.

Abuse of leave is a claim of entitlement to leave when the employee does not meet the requirement for taking the leave, and may, or misrepresentation of any form of leave time will be grounds for discipline, up to and including termination. Should the City suspect that there is an abuse of leave by an employee, the City may require that the employee submit a physician’s certificate to support the absence.

Anniversary Date
For the purpose of computing entitlement to leave accrual as well as seniority, an employee’s continuous service shall be based on the effective date on which he or shethey received their an initial probationary appointment to the City service, which date shall be the employee’s anniversary date for leave purposes.

Vacation
Eligible full-time and part-timeAll employees, with the exception of, shall be entitled to accrue vacation leave with pay except the following: 1) eEmployees having temporary or less than halftime appointments and 2) eEmployees on leave of absence without pay or suspension without pay, earn vacation leave while in paid status until they reach the applicable vacation accrual cap.

Employees accrue .

Except as may be provided in an MOU memorandum of understanding, vacation may not be taken in excess of that actually accrued and in no case may it be taken prior to the completion of an employee’s initial probationary period. An employee shall provide advance written notice, of at least one week, unless waived by the Department Head, when requesting vacation time off. a) The Department Head shall schedule and approve in advance all vacation leaves for employees taking into consideration whenever possible the seniority and wishes of the employee. Department Heads shall request and obtain approval in Formatted: Body Text, Left, Numbered + Level: 1 +
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writing from the City Manager before taking any paid time off. Vacation leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. The City, may, in its discretion, require an employee to use accrued vacation.
b)a) Subject to approval of the City Finance Director, employees may make a request to the City Human Resources Manager to sell back to the City accrued vacation time on a case-by-case basis.
c)
d)b) Basis for Accrual – Full-time Employees
Eligible full-time and part-time employees, with the exception of temporary/seasonal employees earn vacation leave while in paid status until they reach the applicable vacation accrual cap. Unless an applicable collective bargaining agreement provides otherwise, employees accrue vacation time according to their full or part-time status and the number of consecutive years the employee has worked for the City. as follows:Vacation shall be credited as earned vacation for each biweekly pay period of service, or prorated for each fractional period as follows. Unless an applicable collective bargaining agreement provides otherwise, eligible employees will accrue vacation leave on the basis of continuous years of service in accordance with the following schedule:

Years of Service Accrual Rate Per Pay
Period
Accrued Hours Per Year
0-3 years 3.08 hours 80 hours
3 years, 1 day – 9 years 4.62 hours 120 hours
9 years, 1 day – 15 years 6.15 hours 160 hours
15 years, 1 day + 7.69 hours 200
e) Vacation accrued during the first six (6) months of service shall not be credited as earned until the employee completes the first six (6) months of continuous service.
(a) Basis for Accrual – Part-time Employees
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while in paid status in a pro-rated amount based on the accrual applicable to full time employees. Once a part-time employee reaches the pro-rated accrual cap, they stop earning vacationwith pay in proportion to the percentage of hours worked.
g)c) Limit on Vacation Leave Accrual Earning
An employee may earn vacation to a cap of twice the employee’s three times his or her annual rate. For example, if the employee is eligible to earn twelve (12) days in one (1) year, vacation earning is capped once the accrual reaches thirty-six (36) days. Except for management employees, who may earn vacation to a cap of three times their annual rate. Once the applicable cap is reached, no further vacation is earned until the accrual balance falls below the cap. Only when the accrual falls below the cap will the employee begin to earn vacation again. Vacation leave will not accrue during leaves of absence without pay unless required by law.

The City Manager, within his/her discretion and based on evidence of extenuating circumstances, may temporarily suspend the limit on vacation accumulation, until the extenuating circumstances are reasonably addressed. (b)d) Vacation Pay at Separation
Any employee separating from the City who has accrued vacation leave, who has completed his or her initial probationary period, and whose employment terminates, shall be paidcompensated for such accrued vacation based on the hourly equivalent of the salary they were receiving his or her final rate of pay at the time of separation.
h) An employee who separates while serving a probationary period in a position to which he or she has been promoted shall receive vacation pay based on the hourly equivalent of the salary received immediately prior to promotion (c)e) Holidays Occurring During Vacation
In the event one or more holidays observed by the City falls within the period a full-timen employee is on vacation leave, such day or days shall not be charged as against the vacation leaveaccrual.

Catastrophic Leave Policy
The City has a Catastrophic Leave Policy for the purpose of permitting employees to contribute a portion of their accrued leave credit to another employee when such employee is on an approved Formatted: Body Text, Numbered + Level: 1 + Numbering
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leave of absence due to a verifiable illness, injury, or death or themselves or an immediate family member. The Policy and forms are available from the Human Resources Department.

Sick Leave
(a)a) Purpose
Sick leave is paid leave from work that an employee may use for the following purposes. The purpose of sick leave is to allow continuation of pay while an employee recuperates from an illness, or other approved health reason causing absence. It is also intended to provide employees with the assurance of pay in order that they may be away from the job to avoid exposing others to illness.

Employee abuse of sick leave will be handled in accordance with Section 9.3 Absence Control.

1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for the employee themselves or any of the following family members of the employee: a child of any age or dependency status; a parent; a parent-in-law; a spouse; a registered domestic partner; a grandparent; a grandchildren; sibling; or designated person (which means a person identified by the employee at the time the employee requests paid sick days.

An employee is limited to use of sick leave for only one designated person per 12-month period); or

1.2.For an employee who is a victim of domestic violence, sexual assault, stalking, or other crime in order for the employee to engage in any of the following activities: (1) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or (2) obtain medical attention or psychological counseling, services from a shelter, program or crisis center, or (3) participate in safety planning or other actions to increase safety. b) Eligibility and AccrualTerms of Sick Leave

1. (b) Accrual and Carryover for Different Categories of Employees:

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a) Regular fFull-time employees who are not temporary accrue paid sick leave of three and sixty-nine hundredths (3.69) hours per pay period for each month of continuous service. Part –time employees who are not temporary employees accrue sick leave in an amount prorated to the lower number of hours they work each calendar month in paid status.

Probationary employees accrue sick leave after date of hire but are not eligible to use it until the probationary period expires. Regular or probationary employees who work half-time or more shall accrue paid sick leave on a pro-rata basis, and part-time employees who work less than half-time do not accrue sick leave. Sick leave only accrues for employees in paid employment status. Temporary employees are not entitled to paid sick leave.
b) Temporary employees who work 30 or more days within a year from the commencement of employment with the City accrue one hour of paid sick leave for every 30 hours worked. Accrued and unused sick leave carries over to the following year of employment, but a temporary employee stops earning sick leave once they have accrued 48 hours or six (6) work days/shifts, whichever is greater.

Sick leave shall not be applied to an absence which occurs on a day designated as a City Holiday, unless such holiday occurs on an employee’s scheduled work day. If an employee works any time, either on his or her regular shift or overtime, on a day in which he or she takes sick leave, the combination of hours worked and sick leave shall not exceed eight (8) hours.

1. Sick Leave Use
An employee may use accrued sick leave, in a minimum increment of an hourtwo hourss, subject to the limits and request provisions in this Policy beginning on the 90th day after the first day of employment with the City, unless otherwise approved on a case by case basis by the Human Resource Manager at the City’s discretion and with proper documentation. subject to the limits and request provisions in this policy.
a)
b)c) Notification of Sick Leave UseRequest
To request to use sick leave if the need for leave is foreseeable, an employee must give the immediate supervisor reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral City of Willits
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notice of the need for the leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this policy without good reason, may result in the employee being treated as absent without leave When an employee is going to be absent for a reason described in this policy, the employee is required to notify his or her department head as soon as possible, but no later than the scheduled work time. In an emergency situation, the department head must be notified as soon as possible. If the employee utilizes more than one (1) day of sick leave, the employee must notify the department head daily.
c)d) Acceptable Uses ofProtected Sick Leave

1.(a) For full time employees who are not temporary employees, one-half of the employee’s accrued and available annual sick leave is protected and may be used for any of the purposes stated in this policy; and

2. (b)For temporary employees, up to 24 hours, or three (3) days, whichever is grreater, of accrued and available sick leave each year is protected and may be used for any of the purposes stated in this policy. The year is measured beginning on July 1, 2015, or the employee’s anniversary of hire date, whichever is later.

An employee may use accrued sick leave because of illness, injury, exposure to contagious disease. An employee may use accrued sick leave to attend medical, dental and optical appointments only if such appointments cannot be scheduled outside the work day. An employee may use up to half of the amount of his/her annual sick leave accrual to attend to the illness of a spouse; domestic partner; children; step-children, or the mother, father, brother, sister, grandchildren or grandparents of the employee, spouse, domestic partner or other members of the employee’s family residing in the employee’s home; or other members of the employee’s family primarily dependent upon the employee.

If an employee or a member of the employee’s immediate family recovers from any such sickness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty

3. When an employee receives Workers’ Compensation, Section 4850 Leave, City Industrial Accident Leave or any other form of public salary continuance benefit as a result of an on-the-job injury or illness, the City will pay the difference between the insurance benefit and full pay for the period of the salary continuance benefit, following which the employee’s salary continuance shall be City of Willits
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limited to accumulated sick leave, with sick time leave used first. . The employee must report to the City the amount of payments from non-City sources and the period which it represents.
(b)e) Physician’s Certificatione
The City may require that eEmployees who are not temporary employees, must provide a physician’s certification to support any absence that involves the illness of the employee or family member if the City suspects that there is an abuse of sick leave by the employee. All employees, including temporary employees, who use paid leave to address issues related to domestic violence, sexual assault, stalking, or other crimes and who cannot provide advance notice of their need for leave, must provide certification of their need for leave within a reasonable time thereafter t for more than three (3) consecutive work days may be required to file a physician’s certificate confirming sickness and fitness to return to duty. (c)f) No Vacation in Lieu of Sick Leave
Employees will not be permitted to use vacation in lieu of sick leave unless approved by the Ddepartment Hhead.
(d)g) Supervisor’s Discretion to Begin AdministrativeSick Leave With Pay Supervisors have discretion to place an employee on administrative leave with pay sick leave when, in the judgment of the supervisor, the presence of the employee at work would endanger the health and welfare of other employees, or when the employee’s illness or injury would interfere with the performance of work. (e)h) Sick Leave onat Separation from Employment
Upon separation from the City after five (5) years of continuous service, an employee will be paid for thirty percent (30%) of his or herfor unused, accrued sick leave up to a maximum payment of one thousand (1000) hours in accordance with the provisions of the applicable MOU. Upon separation from the City after ten (10) years of continuous service, an employee shall be paid for 50% of unused, accrued medical leave up to a maximum payment of one thousand (1000) hours. This compensation is not applicable if an employee is discharged for cause. In the event of a job related death, 100% of the employee’s unused sick leave shall be paid to the employee’s beneficiary.
i) Sick Leave Reinstatement
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If an employee separates and is rehired within one year from separation, accrued and unused sick leave, to a maximum of six (6) days or 48 hours, whichever is greater, will be reinstated. An employee who worked at least 90 days in the initial employment with the City may immediately use reinstated sick leave. An employee who had not worked 90 days in the initial employment with the City must work the remaining amount of the 90 day-qualifying period to be able to use accrued sick leave.

Family Care and Medical Care Leave
The City provides will grant family care and medical care leave for eligible employees in accordance with the requirements of applicable federal and state law. Employees who misuse or abuse family and medical care leave may be disciplined, up to and including termination.

Employees who fraudulently obtain or use California Family Rights Act (“CFRA”) leave are not protected by the CFRA’s job restoration or maintenance of health benefits provisions.

This policy is supplemented by the (California Family Rights Act – “CFRA”) and federal law Federal (Family and Medical Leave Act – (“FMLA”) in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in the relevant state or federal law. Unless otherwise stated in this policyprovided by this article, “Leave” under this article shall means leave pursuant to the FMLA and CFRA. Unless otherwise provided by law, the City will run each employee’s FMLA and CRFA leaves concurrently.
(a)a) Definitions

1. “12-Month Period” means a rolling twelve (12) month period measured backward from the date leave is taken and continuous with each additional leave day taken.

2. “Single 12 Month Period” means a 12-month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends 12 months after that date.

3. “Family member” for FMLA leave means an employee’s child, parent, and spouse. “Family member” for CFRA leave means an employee’s child, parent, parent-in-law, spouse, domestic partner, grandchild, grandparent, sibling, or “designated person.”

4. “Child” means the following:
a. Under the FMLA, “child” means a child under the age of eighteen (18) years of age, or eighteen (18) years of age or older who is incapable of Formatted: Body Text, Left, Numbered + Level: 1 +
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self care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step-child. A child is “incapable of self-care” if he/she requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.

2. Under the CFRA, “child” means a child, including a child who is 18 years of age or older who is capable of self-care. An employee's child means a biological, adopted, foster, step-child, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.
b.

2.5. “Parent” means the biological, adoptive, step or foster parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. Under the CFRA only, this term also includes parents-in-law. A child is “incapable of self care” if he or she requires active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living—such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc.

3.6. “Spouse” means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined below.

4.7. “Domestic Partner,” is another adult with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State and who meets the criteria specified in California Family Code sections 297 and 299.2. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficientas defined by Family Code, sections 297 and 299.2, shall have the same meaning as “Spouse” for purposes of CFRA Leave.

5.8. “Grandparent” means a parent of the employee’s parent.

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6.9. “Grandchild” means a child of the employee’s child.

7.10. “Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.

8.11. “Designated Person” under the CFRA means any individual related by blood or whose association with the employee is the equivalent of a family relationship.

The designated person may be identified by the employee at the time the employee requests the leave. Employees are limited to one designated person per 12-month period for CFRA leave.

9.12. “Health Care Provider” means any of the following:

A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;
An iIndividuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises treatment of a serious health condition;
A pPodiatrists, dentists, clinical psychologists, optometrists, and or chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
A nNurse practitioners orand nurse-midwifeves or aand clinical social workers who are is authorized to practice under California State law and who are is performing within the scope of their practice as defined under California State law;
A Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.

13. “Covered active duty” means: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the Formatted: Tab stops: Not at 1.63"
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reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.

14. “Covered Service Member” means: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

10.15. “Outpatient Status” means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. “Leave” means leave under this policy as provided for in the FMLA and CFRA.

16. “Next of Kin of a Covered Service Member” means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.

11.17. “Serious Injury or Illness” means: (1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself City of Willits
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before or after the member became a veteran. “Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.
“ Spouse” means a husband or wife as defined or recognized under California State law for purposes of marriage.

12.18. “Serious Hhealth Ccondition” means an illness, injury, impairment, or physical or mental condition that involves:

Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
(i) A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health
condition of more than three (3) consecutive calendar
days;, and
(i)(ii) Aany subsequent treatment or period of incapacity relating to the same condition, that also involves:
a. Treatment two or more times by a health care
provider, by a nurse or physician’s assistant under
direct supervision by a health care provider, or by a
provider of health care services (e.g., a physical
therapist) under orders of, or on referral by a health
care provider; or
b. Treatment by a health care provider on at least one
occasion which results in a regimen of continuing
treatment under the supervision of the health care
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provider. This includes for example, a course of
prescription medication or therapy requiring special
equipment to resolve or alleviate the health
condition. If the medication is over the counter, and
can be initiated without a visit to a health care
provider, it does not constitute a regimen of
continuing treatment.
(ii)(iii) Any period of incapacity due to pregnancy or for prenatal care. (Note that pregnancy is a “serious health condition” only under the This entitles the employee to FMLA leave, but not CFRA leave. Under California law, an employee
disabled by pregnancy is entitled to pregnancy disability leave.)
(iii)(iv)Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
a. Requires periodic visits for treatment by a health
care provider, or by a nurse or physician’s assistant
under direct supervision of a health care provider;
b. Continues over an extended period of time
(including recurring episodes of a single underlying
condition); and
c. May cause episodic rather than a continuing period
of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

Absences for such incapacity qualify for leave even
if the absence lasts only one (1) day.
(iv)(v) A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective.

The employee or family member must be under the
continuing supervision of, but need not be receiving active treatment by, a health care provider.
(v)(vi) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for City of Willits
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restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment.
(b)b) Reasons for Leave
Leave is only permitted for the following reasons:

1. The birth of a child or to care for a newborn of an employee;

2. The placement of a child with an employee in connection with the adoption or foster care of a child;
For an eligible employee’s “serious health condition,” as defined herein, which prohibits the employee from performing the functions of his or her position;

1.3.Leave tTo care for a child, parent, or spouse, or domestic partner who has a serious health condition;
For the birth of a child or placement of an adopted or foster care child with the employee;

4. Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, sibling, parent-in-law, and designated person who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLATo care for a newborn child (birth to twelve (12) months of age);

5. Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of their position;

6. Leave for a variety of “qualifying exigencies” arising out of the fact that an employee's spouse, son, daughter, or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation;

7. Under the CFRA only, leave for a variety of “qualifying exigencies” arising out of the fact that an employee's domestic partner is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA; or Formatted: Body Text, Left, Numbered + Level: 1 +
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8. Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered service member of the U.S. Armed Forces who has a serious injury or illness: incurred in the line of duty while on active military duty; or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to 26 weeks of unpaid leave during a single 12-month period. a) or
b) 5. Because of a qualifying exigency arising out of the fact that a spouse, or a son, daughter or parent of the employee is on active duty (or has been notified of an impending call or other active duty) in the Armed Forces in support of a contingency operation.
c)
(c)c) Eligibility and Amount of Leave
An employee is eligible for family and medical leave benefits if:

1. The employee has been employed by the City for at least twelve (12) cumulative months of agency service; and

2. The employee has been employed by the city for worked at least one thousand two hundred fifty (1250) actual hours during the twelve (12) month periods immediately preceding the commencement date of the leave; and

2.3. For FMLA leave eligibility, the City directly employs at least 50 full or parttime employees within a 75-mile radius for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase “current or preceding calendar year” refers to the calendar year in which the employee requests the leave or the calendar year preceding this request.

Eligible employees are entitled may receive up to a total of twelve (12) work weeks (or 26 work weeks to care for a covered service member) of unpaid leave during any twelve (12) month period. The twelve (12) month period begins on the date of the first absence qualifying for leave, and rolls forward from that date.

As a result, the amount of leave an employee is entitled to take depends on how much time the employee has already taken during the twelve (12) months prior to the request. If FMLA leave qualifies as both military caregiver leave and care Formatted: Body Text, Left, Numbered + Level: 1 +
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for a family member with a serious health condition, the leave will be designated as military caregiver leave first.

Leave granted under any of the reasons provided by state and federal law will be counted as family/medical leave and will be considered as part of the 12- workweek entitlement in a 12-month period. There is no carryover of unused leave from one 12-month period to the next 12-month period. d) An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member who incurs a serious injury or illness while on active military duty shall be entitled to a total of 26 workweeks of leave during a 12- month period as defined above, to care for the service member. The leave described in this paragraph shall only be available during a single 12-month period.
e)
d) Minimum Duration of Leave

1. (a) If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two weeks duration on any two occasions.
(b) 2. If leave is requested to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild, sibling or the employee themselves with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this policy is required.
(d)e) Spouses or Domestic PartnersParents Both Employed by the City If both parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave: tThe aggregate number of work weeks of FMLA leave to which both City employees who are spouses or domestic partners may be entitled for reasons of birth or placement for adoption or foster care is may be limited to twelve (12) work weeks during any the twelve (12) month period; and each parent is entitled to take twelve (12) work weeks of CFRA leave during any twelve (12) month period. defined herein.

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If both parents of a covered service member are employed by the City and are entitled to leave to care for a covered service member, the aggregate number of workweeks of leave to which both may be entitled is limited to 26 work weeks during the 12-month period. This limitation does not apply to any other type of leave under this policy.
f) Employee Benefits While on Leave
Group Health Insurance during Unpaid Leave: Leave under this policy is unpaid. While on unpaid leave, employees will continue to be covered by the City’s group health insurance for up to 12 weeks each leave year to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City will maintain her coverage while she is disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks).

Benefit Plans Not Provided through the City’s Group Health Plan during Unpaid Leave Do Not Continue: While on unpaid leave, employees will continue to be covered by the City’s benefits plans that are not part of its group health plan for up to 12 weeks each leave year to the same extent that coverage is provided while the employee is on the job. The City does not pay for benefit plans that are not part of the group health plan for any employee on unpaid leave. As a result, employees will not continue to be covered under the City’s benefit plans that are not provided through the City’s group health plans while the employee is on unpaid leave.

Payment of Premiums: Employees may make the appropriate contributions for continued coverage under the health benefits plans by payroll deductions (if the employee is using their paid leave) or direct payments (if the employee is not using their paid leave). The City will inform the employee whether the direct payments for premiums should be paid to the carrier or to the City, and the deadlines for paying premiums in order to prevent coverage from being dropped. Employee contribution rates are subject to any changes in rates that occur while employee is on leave.

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Depending on whether the City provides those on unpaid leave the opportunity to continue coverage in employer-provided benefit plans that are not part of your agency’s group health plan benefits. The CFRA entitles employees on unpaid leave to participate in these plans (e.g., life, short-term, or long-term disability or accident insurance, retirement and pension plans) to the same extent and under the same conditions that would apply to employees on any other unpaid leave other than family leave. (Gov. Code § 12945.2(f)(2); 2 C.C.R. § 11092(e).) Note that the employer need not contribute to a pension plan during the portion of unpaid family leave.

Commented [11R10]: Karen, I don’t believe we discussed this.

How would you like to proceed?
Commented [HRS12R10]: By email on August 22 Karen
confirmed she wanted the language changed.

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Recovery of Premium if the Employee Fails to Return from Leave: If an employee fails to return to work after their leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control.
(e)g) Substitution Use of Paid Accrued Paid Leaves
Although fFamily and medical care leave is unpaid, except that an employee may elect and the City will requireis required an employee to concurrently first use all paid accrued any accumulated sick leaves during family and medical care leave as described below.
, if the leave is for the employee’s own serious health condition. The employee may also use sick leave to care for a parent, spouse, domestic partner or child with a serious health condition. For any other type of family and medical leave, the employee may use any paid leave time. The paid leave runs concurrently with the family and medical leave.

An employee may use any earned or accrued paid leave except sick leave for all or part of any unpaid family and medical care leave. An employee is entitled to use sick leave concurrently with family and medical care leave for the employee’s own serious health condition or that of the employee’s parent, parent-in-law, spouse, domestic partner, child, grandparent, grandchild, sibling or designated person.
f)h)Sick and Vacation Leave Accrual
Sick leave and vacation leave do not accrue while an employee is on unpaid leave. g)i)City’s Right to Require an Employee to Use Paid oncurrent Use of Leave When Using FMLA/CFRA Leaves
Employees must use and exhaust their accrued leaves concurrently with family and medical care leave to the same extent that employees have the right to use Formatted: Body Text, Left, Numbered + Level: 1 +
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their accrued leaves concurrently with family and medical care leave with two (2) exceptions as described below:
(a) Employees are not required to use paid leave during leave pursuant to a disability plan that pays a portion of the employee’s salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit; and
(b) An employee must agree to use accrued sick leave to care for a child, parent, spouse or domestic partner, grandparent, grandchild, sibling, or designated person.

If an employee takes a leave of absence for any purpose which also qualifies under the FMLA and CFRA, the City will The City may designate that any nonfamily and medical leave, such as Workers’ Compensation (except for sworn police), sick, or vacation leave, toas running concurrently with the employee’s 12-week FMLA and/or CFRA leave entitlement. The only exception is for peace officers and firefighters who are on paid industrial injury leave. family and medical leave whenever the non-family and medical leave is also for a family and medical leave purpose.

Employees are not required to use accrued compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act.

The City integrates family and medical leave with Workers’ Compensation leave whenever an employee is absent from the work place for thirty (30) days or more due to an industrial injury or illness. As required by law, the City will not run family and medical leave concurrently with Labor Code, section 4850 leave (sworn employee temporary disability Workers’ Compensation leave). j) City’s and Employee’s Rights if an Employee Requests Accrued Leave without Mentioning FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose.

However, if the City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may require the employee to exhaust accrued leave as described above.
k) Medical Certification/Recertification
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Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:
(a) Employee’s Own Serious Health Condition: Employees
who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position. Upon expiration of the time period the health care provider originally estimated that the employee needed for their own serious health
condition, the employee must obtain recertification if
additional leave is requested.
(b) Family Member Serious Health Condition: Employees who request leave to care for a child, parent, parent-in-law, domestic partner, spouse, grandparent, grandchild, or
sibling who has serious health condition must provide
written certification from the health care provider of the family member requiring care that contains all of the
following: the date, if known, on which the serious health condition commenced; the probable duration of the
condition; an estimate of the amount of time which the
health care provider believes the employee needs to care for the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family
member, the employer must obtain recertification if
additional leave is requested.

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(c) Service member Serious Injury or Illness: Employees who request FMLA leave to care for a covered service member who is a child, spouse, parent or “next of kin” of the
employee, must provide written certification from a health care provider regarding the injured service member’s
serious injury or illness. The City will verify the
certification as permitted by the FMLA regulations.
(d) Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, an employee may require the employee to provide a copy of the military
member’s active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member’s active duty service. A copy of the new active duty orders or similar documentation shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA and CFRA
regulations.
l) Time to Provide a Medical Certification
When an employee has provided at least 30 days’ notice for a foreseeable leave, the employee must provide a medical certification before the leave begins.

When this is not possible, the employee must provide the medical certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer’s request), unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.
m) Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established in this policy, the City may delay the taking of FMLA/CFRA leave until required certification is provided, or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.

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n) Human Resource’s Review of the Contents of Medical Certification for Employee’s Own Serious Health Conduction
Complete and Sufficient: The employee must provide a
certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the Human Resources ManagerDirector will give the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies.

Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee’s own serious health condition, the Human
Resources Manager Director may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The Human Resources Manager Director may not ask for additional information beyond that required on the certification form.
o) Second and Third Medical Opinions for Employee’s Own Serious Health Condition
If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.

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(f)p) Intermittent Leave or Leave on a Reduced Work Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or required by a health care provider, an employee may take family and medical leave on a reduced work schedule or on an intermittent basis when the leave is for the employee’s own serious health condition, or to care for an immediate family member with a for the serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule of the employee’s spouse, domestic partner, parent or child. The City agency may require an employee who certifies the need for is on a reduced work schedule or intermittent leave to temporarily transfer to an alternative position, with the same pay and benefits, if the alternative position better accommodates the required work schedule than the employee’s own position. Intermittent leave can be taken in no less than fifteen (15) minute one (1) hour increments and will be counted toward the annual twelve (12) week allotment.

If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one (1) year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two (2) weeks, however, except that on no more than two occasions, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two weeks duration on any two occasions.
h) may use leave in a one (1) day minimum increment.
i)q)Designation of Leave
The City Manager or designee shall designate all paid and unpaid leaves as family and medical leave if the leave meets the requirements set forth in Sections 1 and 2 above.

If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA-qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA-qualifying purpose.

However, if the City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA-qualifying purpose, the City may inquire further into the reason for the absence. If the reason is FMLA/CFRA-qualifying, the City may require the employee to exhaust accrued leave as described above.

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(g)r) Employee Notice of Leave Procedure for Requesting Family and Medical Leave
Advance Notice
Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, An employee shall provide at least thirty (30) days’ advance notice is required.

In addition, if an employee knows that he/she will need leave in the future, but does not know the exact day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. of the need for family and medical leave, whenever possible. If thirty (30) days’ notice is not practicable, the employee shall give notice as soon as practicable. If the employee fails to give the thirty (30) days’ advance notice for foreseeable events without any reasonable excuse for the delay, or if the notice is inadequate, the City reserves the right to postpone the leave until thirty (30) days after the notice.

1. Medical Certification of Need for Leave
Content and Due Date of Certification
An employee who requests leave for his or her own serious health condition, or to care for a child, parent, spouse or domestic partner who has a serious health condition, may be required to provide the City written certification from the health care provider of the individual requiring care within fifteen (15) days after requesting leave.

If the leave is requested because of the employee’s own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his or her position.

If the employee requests intermittent leave, or on a reduced schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is “medically necessary.” “Medically necessary” means that there is a medical need for the leave and that the leave Formatted: Body Text, Left, Numbered + Level: 1 +
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can best be accomplished through an intermittent or reduced leave schedule.

2. Second and Third Opinions
If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, and paid for by the City. The opinion of the third provider will be binding.

3. Consequences of Failure to Provide Adequate or Timely Certification
If the employee provides an incomplete certification, the employee will be given a reasonable time to provide a complete certification.

If the employee fails to provide a medical certification within fifteen (15) days of the employee’s request for leave, the City may delay the start time for taking the leave until the required certification is provided or may designate the leave as FMLA/CPRA leave.

4. Re-certification
Periodic Re-certification
The City may require the employee to periodically report on his or her status and intent to return to work. An employee who requests an extension of approved leave will be required to provide a new certification.

Fitness for Duty Certification
As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to return to work.

Failure to provide such certification will result in denial of reinstatement.
(h)s) Reinstatement
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a) Reinstatement to Same or Equivalent Position: Upon expiration of leave, an employee is entitled to will be reinstated to his or herthe position of employment held when the leave commenced, or to an equivalent job with equivalent pay and, benefits. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CRFA period. , and other employment terms and conditions if all of the following conditions are met: 1) the employee has been on leave for no more than the maximum family and medical leave period; and 2) the employee provides the department a written certification from a health care provider that the employee is fit for duty. b) Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City, the employee will be reinstated within two (2) business days, where feasible, after the employee notifies the employer of his or her readiness to return.
c) Employee’s Obligation to Periodically Report on Their Condition: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.
c)d) Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee’s If an employee is returning from family and medical leave taken for his or her own serious health condition, which made the employee but is unable to perform their essential functions of his or her job, the employee must obtain and present a fitness-for-duty certification from the health care provider stating that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement because of a physical or mental disability, the City will begin an interactive process to determine whether the City can reasonably accommodate the employee without undue hardship.

However, an employee returning from family and medical leave has no greater right to reinstatement, benefits, and other conditions of employment than if he/she had been continuously employed rather than on leave.

Fitness for Duty Certification
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d)e) Reinstatement of “Key Employees”: Under the FMLA only, the The City may deny reinstatement to a “key” employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a “key” employee during or upon the expiration of CFRA leave.

Effect on Benefits.

An employee may receive any group health insurance coverage that was provided before the leave on the same terms as if the employee had continued to work during the leave, up to a maximum of twelve (12) work weeks.

Employee contributions for group health insurance coverage, if any, will be required either through payroll deduction or by direct payment to the insurance provider. The method of payment will be established in conjunction with the employee in writing at the beginning of the leave. The amount of an employee’s contribution is subject to any changes in rates that occur while the employee is on leave.

If the City pays the employee’s contribution in order to avoid cancellation of coverage, the employee will be required to reimburse the City on a payroll deduction schedule upon return from leave. The employee will be required to sign a written statement at the beginning of the leave period to authorize the payroll deduction for delinquent payments.

If the employee fails to return from unpaid family and medical leave for reasons other than: 1) the continuation of a serious health condition of the employee or his or her covered family member; or 2) circumstances beyond the employee’s control, the City may seek reimbursement from the employee for the portion of the premiums the City paid on behalf of the employee during the leave period.

9.8.18 Required Forms
Employees must complete the applicable forms in order to receive family and medical care leave. Contact the Human Resource Manager for the applicable forms.
under this policy:

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(i) “Request for Family or Medical Leave Form” prepared by the City to be eligible for leave. Note: employees will receive a city response to their request which will set forth certain conditions of the leave.
(ii) Medical certification--either for the employee’s own serious health condition or for the serious health condition of a child, parent, spouse or domestic partner;
(iii) Authorization for payroll deductions for benefit plan coverage continuation; and
(iv) Fitness-for-duty to return from leave form.

Holiday Leave
Subject to the provisions contained herein and any operative Memoranda of Understanding to the contrary, the following days shall be observed as paid holidays by all employees in regular positions except Police Service personnel and other personnel whose work assignments, in the judgment of the Department Head require their presence on the job. For each designated holiday, such excepted personnel shall receive an extra day of in-lieu time off, compensatory time, vacation, or equivalent pay, whichever in the judgment of the Department Head best serves the interests of the Department.

Independence Day July 4
Labor Day First Monday in September
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Friday following Thanksgiving
Christmas Eve Day December 24
Christmas Day December 25
New Year’s Day January 1
Martin Luther King Day Third Monday in January
Presidents Day Third Monday in February
Memorial Day Last Monday in May
Three Floating Holidays Full time employees who are entitled to holidays receive three (3) floating holidays per calendar year that must be used during that year, unless otherwise approved by the Human Resources Manager Director and City Manager in writing before the end of the year.

Scheduling subject to Department Head approval - must be taken before last regularly scheduled pay date prior to June 30 of each year.

Floating holidays do not accrue beyond June 30 of each year.

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When a designated holiday occurs on an employee’s first regular day off, the previous day will be observed instead. When it falls on the employee’s second regular day off, the following day will be observed instead.

For aAny holiday that falls If New Year’s Day, Independence Day, or December 25th fall on a Sunday, the Monday following shall be treated as the holiday. If any of those three (3)the holidays falls on a Saturday, the preceding workFriday shall be treated as the holiday. An employee scheduled to work on that Friday, shall be credited with eight (8) hours of vacation time. Parttime employees whose scheduled work time falls on a holiday will receive that holiday off with pay for the hours they were scheduled to work.

To be eligible for holiday pay, an employee must be: 1) in a paid status with the City the day before the holiday; and 2) scheduled to work on the holiday. All regular full-time employees shall receive double time and a half eight (8) hours’ pay for each holiday. All regular part-time employees shall receive holiday pay on a pro-rata basis. Notwithstanding any of the above, temporary employees are not entitled to any holiday time or pay. An overtime-eligible employee who is required to work on a holiday that they had not been scheduled to work will receive time and a half pay holiday pay and pay for the actual time worked on the holiday.

In addition to the designated holidays listed above, other days or portions of days may be authorized by official proclamation of the Mayor.

Bereavement Leave
In the event of the death of an employee’s family member, the employee may request and the City must grant five (5) workdays off for bereavement leave. These five (5) days of leave will be provided with pay. The leave must be completed within 3 months of the death of the family member, and is not required to be taken consecutively.

The City may request that the employee provide documentation of the family member’s death within thirty (30) days of the first day of leave. Documentation includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency. The City will maintain the confidentiality of any employee requesting bereavement leave.

Any supporting documentation provided by employee will be treated as confidential and will only be disclosed on a need to know basis or as required by law.

If the employee requests an extension of bereavement leave beyond five (5) workdays, this extension must be requested by the employee and approved in advance by the Human Resources ManagerDirector. Bereavement leave is defined as paid leave, not to exceed five (5) days in a City of Willits
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calendar year, for the necessary absence from duty by an employee having regular or probationary appointment, because of the death of a member of his or her immediate family or because he or she must attend to the critical illness of a member of his or her immediate family where death appears imminent.

For purposes of this section, “family member” meansimmediate family consists of the following:
the employee’s spouse, domestic partner, child (which includes a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis), stepchild, parent (which includes a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child), grandparent, grandchild, sibling (which means a person related to another person by blood, adoption, or affinity through a common legal or biological parent)brother, sister, mother/father-in-law, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or the same relatives of a domestic partner.

Bereavement leave without deduction from other leave accruals shall be provided in accordance with current applicable Memoranda of Understanding, if applicable.

Pregnancy Disability Leave
a) An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for up to four (4) months.
a) Amount of Leave
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours she would normally work within four calendar months (one-third of a year or 17 1/3 weeks).

For a full-time employee who works 40 hours per week, “four months” means 693 hours of leave entitlement, based on 40 hour per week times 17 1/3 weeks. An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave.
(a)b) Notice and Certification Requirements
Notice: Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice of the medical need for the leave. All leaves must be confirmed in writing, have an and must be approved by the employee’s supervisor or department head before the leave begins. The request must be supported by a written certification from the attending physician that the Formatted: Body Text, Left, Numbered + Level: 1 +
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employee is disabled from working by pregnancy, childbirth or a related medical condition. The certification must state the expected duration of the disability and theagreed-upon specific expected date of return to work and be submitted to the Human Resources ManagerDirector.

Certification: The request for pregnancy disability leave must be supported by a written certification from the attending physician stating that: (1) the employee is disabled from working by pregnancy, childbirth or a related medical condition; (2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and (3) the estimated duration or end date of the leaveAll leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the department head prior to being taken. Requests for an extension of leave must be submitted in writing to the department head prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. The maximum pregnancy disability leave is four (4) months.
(b)c) Compensation During Leave
Pregnancy disability leaves are without pay. However, the employee must first use sick leave, if any. Once may first use sick leave is depleted, the employee may elect to use vacation leave , and thenor any other accrued paid time off during the leave.
(c)d) Benefits During Leave
Group Health Insurance: An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before the leave, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12-month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. on the same terms as provided to other employees who become disabled off-duty, as if the employee had continued to work, if: 1) the employee is eligible for concurrent family medical leave; and 2) the employee has not already exhausted this twelve (12) week group health insurance coverage benefit in the current family medical leave eligibility period. The City may recover premiums it paid to maintain health coverage, as Formatted: Body Text, Left, Numbered + Level: 1 +
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provided by the family and medical leave laws, if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a circumstance beyond her control or the use of the separate right to 12 weeks of bonding leave under the FMLA.

An employee on pregnancy disability leave, and not eligible to receive group health insurance coverage as described above, may receive health insurance coverage in conjunction with COBRA guidelines by making monthly premium payments to the City.
(d)e) Sick and Vacation Leave Accrual
Sick leave and vacation leave do not accrue while an employee is on unpaid pregnancy disability leave.
f) Employee Status During Leave
The employee retains employee status during the leave. The leave is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employee benefit plan. Benefits will be resumed upon the employee’s reinstatement in the same manner and at the same levels as provided when the leave began, without any new qualification period, physical exam, or other qualifying provisions.
(e)g) Reinstatement
Upon the expiration of pregnancy leave, and the City’s receipt of a written statement of the health care provider that the employee is fit to return to duty, the employee will be reinstated to her original or an equivalent position so long as it was not eliminated for a legitimate business reason during the leave. (a) If the employee’s original position is no longer available, the employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee’s original position. (b) If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify potential reasonable
accommodations.

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An employee who fails to return to work after the termination of her leave loses his or her reinstatement rights.

Military Leave
Military leave will be granted in accordance with federal and state law.The City provides military leaves of absence to employees who serve in the uniformed services as required by the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. § 4301 et. seq., “USERRA”) and applicable state laws. An employee requesting military leave must provide the Ddepartment Hhead a copy of the military orders that specify the dates, site, and purpose of the activity or mission. Within the limits of such orders, the Ddepartment Hhead may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.

Paid Administrative Leave of Absence with Pay
Leave of absence with pay is defined as the absence of an employee from his or her regular work area, for reasons other than physical or mental illness or injury, during which he or she continues to receive regular salary and entitlement to all benefits. Regular work area is defined as the geographical area to which the employee is typically and appropriately assigned to work during the usual course of employment.The City has the right to place an employee on leave with full pay for non-disciplinary reasons at any time when the Human Resources Manager Director has determined that the employee’s and/or City’s best interests warrant the leave. The employee does not have the right to appeal the decision to be placed on administrative leave with pay.

Upon written recommendation of the Department Head, the City Manager may authorize leave of absence with pay for a period or periods not to exceed one hundred eighty (180) calendar days in a calendar year for purposes which: 1) contribute to the employee’s effectiveness in his or her duties and responsibilities; and 2) are deemed to be beneficial to the City.

Leave of Absence without Pay Must be Authorized by Law or These Policies Unless authorized by law or a City policy, an employee is not entitled to a leave of absence without pay. An authorized lLeave of absence without pay is not a break in service for purposes of calculating seniority. Unless required by law, the City will not maintain contributions toward group insurance or retirement coverage for the employee on such leave. During the period of authorized unpaid leave, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.defined as the authorized absence of a regular employee during which the employee’s regular salary is suspended and benefits are not received unless otherwise required by law. Temporary employees are not entitled to leave without pay.

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Upon written recommendation of the Department Head, the City Manager may authorize leave of absence without pay for a period or periods not to exceed one hundred eighty (180) calendar days in a calendar year for purposes which are deemed to be beneficial to the City.

Leave of absence without pay is subject to the following limitations:

1. Other than for the purpose of extending sick leave, pregnancy disability leave or family and medical leave, no leave of absence without pay will be granted unless the employee has first used all accrued vacation leave and compensatory time off. However, the City Manager may authorize limited leave of absence without pay not to exceed five (5) days to an employee who is not eligible to use accrued vacation leave because he or she has not completed his or her initial probationary period.

2. An employee on unpaid leave pursuant to this section must return to work at the end of the leave period the City has authorized or be subject to discipline for absence without leave.

Unauthorized Leave
Any absence from work without authorization shall be grounds for disciplinary action, including but not limited to, termination of employment.

The fact that an employee has vacation or sick leave accrued does not authorize his or her absence from work. All leaves must be approved by the employee’s supervisor or department head prior to the actual leave time, except as provided in this section. If an employee remains absent without approved leave for more than three workdays, the City will consider such action a voluntary resignation ajob abandonment and will initiate procedural due process, as necessary, to terminate the employee’s employment.

Management Leave
The purpose of management leave is to provide additional rest periods for Management personnel who are exempt from FLSA overtime, over and above the regular vacation leave. These Management personnel are required to work the number of hours required to conduct and supervise the work which has been assigned to them and often attend evening and weekend meetings and functions on behalf of the City. This paid leave will permit additional time away from the pressures of the Management positions in order for the Management employees to continue their work in an efficient manner.

All Management personnel shall be entitled to take one hundred (100) hours nine (9) days of management leave each year.

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Management leave shall be credited on July 1 of each fiscal year except that new Management employees shall be assigned management leave prorated on the amount of time from their appointment to the next July 1.

Management leave does not vest and may not be accumulated from one fiscal year to the next.

Any management leave not used prior to the next fiscal year shall be lost.

Time Off to Vote
If any employee does not have sufficient time outside of working hours to vote, may request up to two (2) hours of paid leave either at the beginning or end of scheduled working hours to enable them to vote. The employee must request time off to vote from their supervisor at least two (2) days prior to Election Day.

Time Off for Victims of Violent Crimes/ or Domestic AbuseVictim Family Member Court Attendance Leave
a) Any employee who has beenis a victim of crime or domestic violence may take leave from worktime off to attending judicial proceedings related to that crime, if the employee provides the City notice of the scheduled proceeding in advance. If advance notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken, documentation from the District Attorney, victim’s rights office, or court/governing agency that shows that the judicial proceeding occurred when the leave was used. An employee who is an immediate family member of such a crime victim, including: a registered domestic partner; the child of the registered domestic partner; spouse; child; stepchild; brother; stepbrother; sister; stepsister; mother; stepmother; father; or stepfather of the crime victim is also entitled to leave from work to attend judicial proceedings relating to that crime. The leave is unpaid unless the employee elects to use accrued vacation, sick, or other paid leave, or compensatory time off. : 1) appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; 2) seek medical or psychological assistance; or 3) participate in safety planning to protect against further assaults.
b) An affected employee must give the City reasonable notice that he or she is required to be absent for a purpose stated above. In cases of unscheduled or emergency court appearances or other emergency circumstances, the affected employee must, within a reasonable time after the appearance, provide the City with written proof that the absence was required for any of the above reasons. The City may require the employee to provide proof of City of Willits
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eligibility for this leave. Leave under this section is unpaid unless the employee uses accrued time off.
a)
Crime Victim/Family Member Victim’s Rights Proceedings Leave Any employee who is a victim of a crime listed in Labor Code section 230.5(a)(2)(A), may take leave from work to appear in court to be heard at any proceeding in which the right of the victim is at issue, if the employee provides the employer reasonable advance notice. If advance notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken, certification from a police report, a district attorney or court, or from a health care provider or victim advocate, that the employee was a victim of any of the crimes listed in Labor Code section 230.5(a)(2)(A). An employee who is a spouse, parent, child, sibling, or guardian of such a crime victim is also a victim who is entitled to this leave if the above notice or certification requirements are met. The leave is unpaid unless the employee elects to use accrued vacation or paid leave, or compensatory time off.

Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief
Any employee who is a victim of domestic violence, sexual assault, stalking, or other crime may take leave from work to obtain or attempt to obtain any relief, including, but not limited to: a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child, if the employee provides advance notice of the need for leave. If advance notice is not feasible, the employee must provide any of the following certifications within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or paid leave, or compensatory time off.

Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning Any employee, who is a victim of domestic violence, sexual assault, stalking, or other crime, may take leave from work to attend to any of the following: obtaining medical attention or psychological counseling; obtaining services from a shelter, program or crisis center; or participating in safety planning or other actions to increase safety, if the employee provides advance notice of the employee’s intention to take time off for these purposes. If advance notice Formatted: Body Text, Left, Indent: Left: 0.56", Hanging:

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is not feasible, the employee must provide any of the following to the City within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or personal leave, or compensatory time off.

Jury Duty and Court Appearances

1. 9.21.1 Jury Duty Leave/Subpoenaed or Court-Ordered Witness Leave Any employee who is summoned to serve on a jury, or subpoenaed or ordered to be a witness, must notify his or hertheir supervisor or Ddepartment Hhead as soon as possible after receiving notice of both possible and actual jury service in order to receive time off for the period of actual service required on such jury. Any employee who is released from jury service prior to the end of their scheduled work hours must report to work unless otherwise authorized by their supervisor. a) Overtime-Eligible Employees: All overtime-eligible employees will be paid for actual hours missed because of time spent in jury service or court. An employee shall be paid the difference between his or hertheir regular salary and the amount of court pay received, except travel pay, for jury duty. The time spent on jury duty is not work time for purposes of calculating overtime compensation.b. a.b) Overtime-Exempt Employees: All FLSA-exempt employees will continue to receive their normal salary while on jury duty or as serving as a witness only for any workweek in which they perform any work duties. The City will offset the amount from pay the employee receives from the Court for jury fees.

2. 9.21.2 Other Court or Administrative Proceeding Appearances Regarding City DutiesSubpoena
An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which he or she perceived or investigated in the course of his or hertheir City job duties must give their supervisor as much advance notice as possible. The City will determine whether the matter involves an event or transaction in the course of the employee’s City job duties. If so, this leave to appear in court will be will do so without loss of compensation, and t. The time spent will be considered work time. The City will offset the amount from any pay the employee receives for witness fees.

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3. Exception for Regarding Employee-Initiated or Non-City Related Lawsuits Proceedings An employee subpoenaed to appear, or appears, in court because of civil or administrative proceedings that they initiated is not entitled to in a matter unrelated to his or her City job duties or because of civil or administrative proceedings that he or she initiated does not receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay, or may use accrued leave, other than sick leave, vacation for time spent related to those proceedings. The time spent in these proceedings is not considered work time.

Notwithstanding the above, an employee who is testifying or appearing as the designated representative in PERB conferences or hearings, or at a personnel or merit commission is entitled to paid release time.

School-Related Leaves

1. School or Licensed Day Care Activity Leave:

An employee who is a parent, guardian, stepparent, foster parent, or grandparent, or person who stands in loco parentis to one or more children with custody of a child who are in a licensed day care facility, kindergarten or grades 1 – 12, inclusive, shall be allowed up to 40 hours each school year, not to exceed eight hours in any calendar month of the school year, to: may request unpaid time off to visit that facility or school as described below.

School Activities
An employee may take off up to eight (8) hours without pay each month (up to a maximum of forty (40) hours each calendar year), to participate in the activities of their child’s facility or school; find, enroll, or reenroll a child in a school or with a licensed day care provider; or to pick up a child due to a child care provider or school emergency. The , provided that the employee must provide gives reasonable advance notice to their supervisor of the planned City of his or her proposed absence. The leave is unpaid unless the employee uses An employee may utilize his or her existing accrued vacation time or other accrued paid time off. The City requires the employee to provide documentation from the school or licensed day care facility, within five (5) days of the leave, as proof that the employee participated in the school or licensed day care activities on a specific date and time. If both parents, guardians or grandparents of a child work for the City at the same City work site, only the first to request time off will be entitled to leave under this provision, one parent, guardian or grandparent—the first to provide notice—may take the time off, unless the City approves both parents, guardians or grandparents taking time off.

1.2. School Leave –Child Suspension Leave
An employee who is the parent or guardian of a child in grades 1 through 12, may take time off to go to the child’s school in response to a request from the child’s school, if the employee gives Formatted: Legal2 Cont 4, No bullets or numbering
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advance notice to their supervisor. who has been suspended from school, and who the school has directed to attend the child’s school, may have unpaid leave for this purpose. The employee should alert his or her supervisor as soon as possible so that alternative arrangements may be made. The City may require proof from the employee that this leave is warranted. The leave is unpaid, but the employee may utilize his or her accrued vacation time.

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SECTION 10. BENEFITS
General Statement
Every new employee shall have explained to them the benefits available, the eligibility requirements, limitations and scope of coverage. Benefits include medical, dental, vision, life insurance, 401(k) plans, retirement plans, optional services, and EAP services. The benefits are explained at new hire orientation and annually during the open enrollment period. Part-time and temporary employees do not qualify for benefits, with the exception that regular part-time employees meeting the eligibility criteria are eligible for PERS retirement benefits.

Retirement Plan
Membership in the Public Employees Retirement System (PERS) Plan is mandatory from date of employment, except for certain circumstances.the following:

When limited term employment is limited to six (6) months or less.

When part-time appointment is limited to less than an average of twenty (20) hours per week.

When otherwise required by the PERS Plan. See PERS Procedures Manual for more detailed information.

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SECTION 11. Except for Police Service employees, who receive retirement benefits as stated in their Memoranda of Understanding, after successful completion of an initial three month period, the City will pay membership contributions for eligible employees. Prior to successful completion of the initial three month period, employee contributions will be deducted from the employee’s salary.

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SECTION 12.SECTION 11. ON-THE-JOB INJURY
Medical Attention
Whenever an employee sustains an industrial injury or disability arising out of, and in the course of, City employment, and requires medical treatment, the employee shall be referred to an appropriate facility or doctor based on the nature and extent of the injury or disability. Treatment and medical referrals arising out of or in the course of City employment shall be in conformance with rules and procedures which may be established from time to time by the City’s Workers’ Compensation carrier.

In the event the desired doctor is unavailable, which may be the case during the weekends and after normal working hours, industrial injury victims may be taken to Howard Memorial Hospital Emergency Room.

The employee’s supervisor and/or Department Head must be notified as soon as possible after the injury.
(a)a) Emergency
If the injury or disability is a serious and urgent nature and requires emergency medical treatment, the employee shall be referred or transported to the nearest emergency treatment facility, generally, the Emergency Room at Howard Memorial Hospital.
(b)b) Non-Emergency
If the injury or disability is not of a serious and urgent nature and would require only normal medical treatment, the employee shall be referred to the Baechtel Creek Clinic or to the employee’s designated physician. (c)c) First Aid
Referral of an employee for medical treatment will not be necessary in cases where the injury is of such a minor nature that ordinary first aid treatment will suffice.

Industrial Accident Reporting Procedures
In the event of injury to an employee which has arisen out of, and in the course of his or her City employment, the employee’s immediate supervisor or superior shall investigate the contributing factors causing the injury and shall initiate the accident reporting forms authorized by the City Manager for this purpose. Reports of injury shall be completed immediately upon notice of such Formatted: Body Text, Left, Numbered + Level: 1 +
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injury. Notice of injury will have been effected when the injured employee or other persons on his or her behalf, have reported the injury to his or her supervisor or other appropriate superior.

Employees are required to immediately report job-related injuries at the time they occur. Upon failure of compliance with the time limitations specified in Section 5400 of the California Labor Code, and wherein the City has been misled or prejudiced by such failure, industrial leave may be denied.
(a)a) Reports of Injury
Reports of injury will be completed in cases where:

1. Injury to an employee occurs requiring treatment by a doctor.

2. An accident occurs which may have resulted in serious injuries had an employee been more closely involved.

3. Ordinary first aid has been administered and appears to be sufficient treatment but the likelihood of further complications, e.g., infections, exists or the injured employee insists on seeing a doctor.

4. No apparent injury has resulted, but the employee involved feels they should see a doctor or in the judgment of his or her supervisor an employee should be treated by a doctor.
(b)b) Fatal or Serious Injuries
Fatal or serious injuries shall be reported immediately by telephone to the City Manager, who in turn will insure compliance with Section 6408 of the California Labor Code regarding special procedures in such cases. In case such fatal or serious injuries occur after normal working hours or on weekends, supervisors will contact the Police Department. In every case involving death or serious injury or illness which required inpatient hospitalization for a period in excess of twenty-four (24) hours, a report shall be made immediately by the City to the nearest CAL OSHA Office by telephone or telegraph, except accidents occurring on a public street or highway.
(c)c) Doctor’s Referral Slip
An employee, whose job-related injury was of such severity as to warrant treatment by a doctor, shall not be permitted to return to his or her job or any other job within the City until the employee has presented to his or her supervisor a properly authenticated doctor’s referral slip, or other acceptable Formatted: Body Text, Left, Numbered + Level: 1 +
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assurance, indicating the employee’s physical health will not be endangered further in the performance of his or her regular duties or other duties to which he or she may be assigned.

An employee who has returned to work following recovery from a job-related injury and later requires additional time off due to incapacitation arising from an original injury, shall be returned to his or her doctor of record by way of referral slip or other forms authorized by the City Manager. Industrial accident leave, as defined below, will not be granted for intermittent time off unless incapacitation has been confirmed as outlined above.
(d)d) Distribution of Immediate Supervisor’s Report of Employee Injury

1. In the event an employee is injured, he or she shall report it immediately to his or her supervisor. If the injury warrants medical treatment, his or her supervisor shall complete a Medical Service Order slip to be given to the doctor by the injured employee.

2. Whether or not the injury warrants medical treatment, the Supervisor shall complete the “Immediate Supervisor’s Report of Employee Injury” and submit it to the City Manager.

3. The Immediate Supervisor’s Report of Employee Injury shall be transmitted to the payroll clerk, who will send a copy to R.E.M.I.F., return a copy to the supervisor and retain one copy for the personnel office files. (e)e) Distribution of State Employer’s Report of Occupational Injury or Illness In the event the employee requires medical treatment, the payroll clerk shall complete a State of California, Employer’s Report of Occupational Injury or Illness report, retaining one copy for the personnel office files and sending the original and one copy to R.E.M.I.F.
(f)f) Immediacy of Treatment
The relief of pain and suffering shall not be delayed for the sake of completing accident report forms. Under such circumstances the above procedures shall be accomplished as soon as feasible after treatment has been obtained.

Industrial Accident Leave
Industrial accident leave is defined as the necessary and authorized absence from duty by an employee because of an injury or disability which has arisen out of, and in the course of Formatted: Body Text, Left, Numbered + Level: 1 +
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employment with the City. Employees who are absent from work under industrial accident leave shall continue in pay status on the following provisions. (a)a) Amount of Leave – Full-time Probationary and Regular Employees The following schedule shall be applicable to all full-time probationary and regular employees, except Police personnel, covered by the provisions of Section 4850 of the California Labor Code.

Amount of Employee’s Continuous City
Service
Maximum Industrial Accident
Leave
At least one (1) day but less than six (6)
months
Thirty (30) calendar days
At least six (6) months Nine (9) calendar months
(b)b) Amount of Leave – Police Personnel – Sworn Safety Personnel whose duties place them within the scope of Section 4850 of the California Labor Code shall receive industrial accident leave to the extent provided for in that law, which is up to (one (1) year), without loss of salary in lieu of disability payments, consistent with state law. (c)c) Amount of Leave – Part-time Employees
An employee having a probationary, regular, or acting appointment that is less than full-time but more than twenty (20) hours per workweek shall be entitled to a maximum of thirty (30) calendar days of industrial accident leave.
(d)d) Amount of Leave – Temporary Employees
Temporary employees and those employees whose appointment is less than half-time (twenty (20) hours or less per workweek), including those employees assigned to the Police Department who are not within the scope of Section 4850 of the California Labor Code, shall not be entitled to industrial accident leave. Entitlement to Workers’ Compensation benefits under the laws of California will be unaffected by this provision.
(e)e) Compensation
An employee on authorized industrial accident leave shall, during such absence, receive that portion of his or her normal salary, which, when added to temporary disability benefits payable under the provisions of the Workers’ Compensation Laws of California equal his or her normal salary provided that:

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The employee is entitled to receive benefits within the scope of such law; and
The City’s ability for payment of such portion shall be limited to the maximum periods specified in Sections 11.3(a) – (d) .1 through

11.3.4. (f)f) Extended Industrial Accident Leave
An employee who continues to be injured or disabled after he or she has used all entitlements to industrial leave as specified in Sections 11.3(a) – (d) .1 through 11.3.4, may be granted, at the discretion of the City Manager, such portion of accrued sick leave necessary to assure receipt of the equivalent of his or her full salary.

Sick leave will not normally be granted to extend industrial accident leave when it is evident that the employee will be incapable of performing the duties of the position to which he or she was assigned. If the employee is eligible for immediate retirement under the provisions of the Public Employees Retirement System then, in the interest of the employee, the Department Head may place the employee in sick leave status until retirement is effected, or expiration of sick leave, whichever is sooner.
(g)g) Workers’ Compensation Benefits
Employees who have expended the maximum industrial accident leave allowance plus sick leave extensions, if any, and continue to be temporarily disabled shall, barring recourse to other provisions of these Regulations, cease to receive supplemental wages under this section.

Entitlement to Workers’ Compensation benefits will be unaffected. (h)h) Extension of Benefits
Employees whose appointments provide them vacation, holidays, and sick leave shall continue to accrue such benefits and to earn eligibility for consideration for merit salary advancement during an absence resulting from injuries arising out of or in the course of City employment, provided such employees are entitled to temporary disability benefits under the Workers’ Compensation Laws of the State of California.
(i)i) Availability of Personnel
An employee on industrial accident leave must be available for any appointments or consultation as may be required by the City or any other authorized agency and must keep the City informed regarding his or her whereabouts on a continuing basis. (j)j) Appeals Board Appearances
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Any employee who does not regain his or her pre-injury condition following recovery from an injury sustained in the course of City employment but instead is permanently disabled to a measurable degree, even though the existence of disability is the employee’s opinion alone, has the right to apply for a hearing before the Workers’ Compensation Appeals Board, and to receive a determination as to the extent of permanent disability, if any.

The time off necessary to appear at the Appeals Board Hearing at the time it is scheduled shall be provided the employee by his or her Department Head. Time off for this purpose will be considered sick leave.

Notices of hearings before the Workers’ Compensation Appeals Board will be distributed to the appropriate Department Head by the City Manager as they are received. The Department Head or his or her designated representative will attend the Appeals Board Hearings of employees assigned to that department.

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SECTION 13.SECTION 12. CAREER DEVELOPMENT
General
Employees are encouraged to take advantage of education and training benefits to improve their job skills and to qualify for transfers and promotions. These benefits are limited to training and education that is relevant to the employee’s current position or “reasonable” transfer and promotion opportunities. “Reasonable” is defined as attaining the minimum qualifications for promotion or transfer with no more than two (2) years of additional education or training. These benefits will be available to all employees on a first come, first served basis, subject to the availability of budgeted funds and subject to the conditions set forth below.

Requests for education and training may be initiated by either the employee or the Department Head. Reference to training requests and training received should be made on the Performance Evaluation forms. Final decisions on requests for education and training will be made by the City Manager.

Education Reimbursement
(a)a) Request Procedure
Regular full-time employees, performing their duties satisfactorily are eligible for this program.

Employees must submit a written request, with a proposed curriculum of study, to the City Manager, at least fifteen (15) days prior to the registration deadline for such classes. Requests will be considered for attendance at accredited colleges, universities, and business and technical schools for single courses or programs leading to a degree or certificate. The City Manager shall be the final approval authority for all requests submitted. Applications must bear the signature of the employee and be approved by the Department Head.
(b)b) Amount of Tuition Reimbursable
If a written request is approved by the City Manager, the employee shall receive reimbursement for 100% of the cost of registration, tuition and books, upon successful completion of the course(s) with a grade of “C” or better in an undergraduate course, or a “B” or better in a graduate level course, or “Passing” where no grade is used. No reimbursement shall be made for audited or incomplete courses. Employees are prohibited from receiving double funding for education; i.e., from the City and another source such as the Veterans Administration. Employees will be required to sign a statement verifying that the City is the sole source of funding. No payment shall be made for the expense of travel, parking, meals, normal supplies, or other incidental costs. (c)c) Post-payment / Reimbursement Request
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To obtain post-payment of authorized expenses, application must be made within sixty (60) days of the completion of a course. Confirmation of the grade received and an itemized list with receipts for all expenses claimed must accompany the application. (d)d) Eligibility
The following criteria shall be used to determine the eligibility of courses for tuition reimbursement:

1. Courses must be directly related to the duties performed by the employee.

2. Courses must have reasonable potential for resulting in savings or more efficient service to the City.

3. Courses must be taken through accredited institutions. (e)e) Limitations
Reimbursement is limited to six semester units per semester or nine quarter units per quarter.

Courses are not eligible for tuition reimbursement if they:

1. Are taken to bring unsatisfactory performance up to an acceptable level;

2. Are taken to acquire skills or knowledge which the employee was deemed to have when appointed;

3. Duplicate available in-service training;

4. Duplicate training which the employee has already had; or

5. Are part of a work experience program and involve no classroom participation.
(f)f) Control of Property
All books and other required materials which have been paid for by the City under this program are the property of the City of Willits and shall be turned in by the employee to his or her Department Head upon completion of the course. Department Heads shall be responsible for establishing and maintaining a system of control for all such books and materials. An employee Formatted: Indent: Left: 0"
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desiring reimbursement for books shall first determine that the book is not available within his or her Department.

Training
a) Authorization to Attend Function
The City may authorize or require employee attendance at conferences, seminars, workshops, or other functions of a similar nature that are intended to improve or upgrade the employee’s job skills.
b) Request Procedure
Requests to attend training sessions should be made at least fifteen (15) days prior to the deadline for registration. The Department Head will make decisions regarding the employee’s attendance subject to the final approval of the City Manager.
c) Costs Covered
When a request for training is approved, the employee’s reasonable cost of registration, tuition and publications, transportation, lodging and meals will be covered by the City. In addition, the employee will receive compensation as described below:

1. When attendance is required by the City, the employee shall receive compensation in accordance with the section of these Rules relating to overtime hours incurred in the training (not to include eating and sleeping time).

2. When attendance is voluntary and authorized by the City, and the training occurs during the employee’s regular work hours, the employee shall be compensated.

Personal Education and Training
Employees who desire to further themselves through education or training not related to their work for the City are encouraged to do so. The City will be unable to provide financial assistance for this type of education and training.

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SECTION 14.SECTION 13. EMPLOYEE CONDUCT AND DISCIPLINE
General Conduct
It is recognized to be the obligation of all employees to be courteous and efficient in the performance of their duties. Employees are expected to establish and maintain harmonious and effective working relationships with other employees and departments. A friendliness and willingness to help should be exhibited during telephone calls, in letters, and in person-to-person conversations, while at the same time being as brief and concise as possible. In addition, employees should always strive to reduce costs of supplies and services in every practical manner.

Dress and Grooming
Every City employee is expected to be dressed and groomed in a manner appropriate to his or hertheir job and any safety considerations which may apply.

Discipline Policy
(a)a) Policy CoverageCauses for Discipline
Only regular, for cause employees have the rights to pre- and post-disciplinary procedures listed in this section. The following categories of persons can be terminated at-will and have no rights to any of the pre- or post-disciplinary processes or procedures in this Policy: 1) temporary employees; 2) probationary employees; 3) any person who serves pursuant to a contract; 4) any person who is designated “at-will” in any City policy, document, acknowledgement, resolution or ordinance. Notwithstanding any provision in this policy, any regular employee who is exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”) is not subject to any disciplinary penalty which is inconsistent with his or her FLSA overtime-exempt status.

Grounds for disciplinary action include, but are not limited to:

1. Violation of any department rule, City policy or City regulation, ordinance or resolutionRule contained herein;

2. Absences without authorized leave or tardiness;

3. Excessive absenteeism or tardiness as defined by the employee’s Department Head or Human Resources
ManagerDirector or these policies;
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4. Use of leave from work in a manner not authorized or provided for under City policies;

2.5. Mishandling of public funds;

3.6. Making any false representation or statement, or making any omission or misrepresentation of a material fact;

4.7. Falsifying or tampering with any City record, including work time or financial records;

5.8. Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining
employment;

9. Unsatisfactory job performance;

10. Inefficiency;

11. Damaging any City property, equipment, resource or
vehicle, or the waste of City supplies through negligence or misconduct;

12. Insubordination, or insulting or demeaning the authority of a supervisor or manager;

13. Dishonesty;

14. Theft;

15. Violation of the City's or a department’s confidentiality policies or disclosure of confidential City information to any unauthorized person or entity;

16. Misuse or unauthorized use of any City property, including but not limited to: physical property, electronic resources, supplies, tools, equipment, City communication systems, City vehicles or intellectual property;

17. Discourteous or offensive treatment of the public or other employees;
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18. Abusive conduct, including malicious verbal, visual or physical actions, or the gratuitous sabotage or undermining of a person’s work performance;

19. Conviction, meaning any judicial determination of guilt, of a crime that has a nexus to the employee’s job duties;

20. Unapproved outside employment or activity, or other enterprise that constitutes a conflict of interest with service to the City;

21. Any conduct that impairs, disrupts or causes discredit to the City, to the public service, or other employee’s employment;

22. Reckless or unsafe conduct;

23. Working overtime without prior authorization or refusing to work assigned overtime;

24. Carrying firearms or other dangerous weapons while on duty when not required by job duties; or

25. Horseplay or fighting.

6.26. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited to the following acts or omissions:
a. Conviction of a felony. “Conviction” shall be
construed to be a determination of guilt of the
accused by a court, including a plea of guilty or nolo
contendere, regardless of sentence, grant of
probation, or otherwise.
b. The damaging of City property, equipment, or
vehicles, or the waste of City supplies through
negligence or misconduct;

7.27. Insubordination, or insulting or demeaning the authority of a supervisor or manager;

8.28. Dishonesty;
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9.29. Theft;

10.30. Disobedience;

11.31. Improper use of position as an employee for personal gain, or to solicit a contribution, response or action designed to further a political or charitable cause;

12.32. Drinking alcohol or taking narcotics or other illegal drugs on the job, or arriving on the job under the influence of such substances;

13.33. Gambling during the work day;

14.34. Offensive conduct or language towards the public or other employees;

15.35. Being convicted of a crime which brings discredit to the City or hinders the employee’s ability to perform in his or her job capacity;

16.36. Acceptance of gratuities or pressure designed to affect the City’s response to the public or special interest groups (taking bribes for action);

17.37. Taking City equipment or property off City premises for personal use or using City equipment or property for
personal use, where prohibited, including but not limited to:
physical property, tools, equipment, City communication systems, or Intellectual Property;

18.38. Failure to follow orders, written directives, or Departmental policies and regulations, from the Supervisor, Department Head or City Manager;

19.39. Failure to perform assigned work;

20.40. Unsatisfactory job performance or inefficiency;

21.41. Failure to report a conflict of interest to immediate supervisor;
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22.42. Abusing or being wasteful of materials, property or working time;

23.43. Failing to report to the Department Head when absent, or being absent without authorized leave;

24.44. Excessive or habitual absence or tardiness;

25.45. Discussion of confidential City business with unauthorized persons;

26.46. Refusal to report in an official emergency, when the employee’s position is subject to such reporting;

27.47. Discourteous treatment of the public or other employees.

28.48. Failure to cooperate with employee’s supervisor or fellow employees;

29.49. Unapproved outside employment or activity that violates the City’s Outside Employment policy, or other enterprise that constitutes a conflict of interest with service to the City;

30.50. Any conduct that impairs, disrupts or causes discredit to the City, the employee’s City employment, to the public service, or other employee’s employment;

31.51. Working overtime without prior authorization; and

32.52. Violation of any City Ordinance, personnel rule provision, policy or departmental rule.
(b)b) Administrative Leave
A department head may place an employee on an administrative leave with pay pending a potential disciplinary action. Administrative leave with pay is authorized: 1) when the department head believes that the employee’s continued presence at the work site could have detrimental consequences for City operations; or 2) pending investigation into charges of misconduct. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action may be taken in accordance with these procedures. (c)c) Types of Counseling, Reprimands and Discipline
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The following are types of personnel actionscounseling, reprimands and/or discipline which the City may imposeare:

1. Counseling Memo
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SECTION 15. A supervisor, in consultation with the Human Resources Manager, may provide an employee with a counseling memo to identify a conduct or performance issue and to remind the employee of the expectations for their conduct or performance, and consequences for failure to correct the conduct or performance. The counseling memo will be retained in the supervisor’s file until the completion of the evaluation year, and may be documented in the performance evaluation. A counseling memo is not considered punitive action and is not subject to the discipline or discipline appeal process. A counseling memo will be provided to an employee to identify: a failure of appropriate conduct or performance issue; the performance the employee is to demonstrate in the future; and consequences for failure to correct the behavior or problem. A counseling memo will be retained in the supervisor’s file until the completion of the evaluation year, and then documented in the performance evaluation, as the supervisor deems necessary. A counseling memo is not subject to the discipline or discipline appeal procedures described below. A counseling memo is not considered “punitive action” under the Public Safety Officers Procedural Bill of Rights Actmay become part of the employee’s permanent record, and may not be appealed under this policy. The employee shall have the right to have a written rebuttal attached to the Counseling Memo if placed in the employee’s personnel file.

1.2. Oral Admonishment orVerbal Reprimand
A supervisor, in consultation with the Human Resources Manager, may verbally reprimand an employee to direct the employee to discontinue inappropriate behavior or correct a performance issue. The supervisor shall create a written record of the date of the reprimand and the factual basis for it.

The written record of the verbal reprimand will be retained in the supervisor’s file until the completion of the evaluation year, and may be documented in the performance evaluation. A verbal reprimand is not considered punitive action and is not subject to the discipline or discipline appeal process. A verbal reprimand is a verbal direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue. A verbal reprimand will be documented in writing and retained in the supervisor’s file until the completion of the evaluation year and then documented in the performance evaluation, as the supervisor deems necessary. A verbal reprimand is not subject to the discipline or discipline appeal procedures described below.An oral admonishment or reprimand may be memorialized in writing, may become part of the employee’s permanent record, and may not be appealed under this policy.

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The employee shall have the right to have a written rebuttal attached to the Oral Admonishment or Reprimand if placed in the employee’s file.

2.3. Written Admonishment or Reprimand
A supervisor, in consultation with the Human Resources Manager, may reprimand an employee in writing written reprimand is written direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue. The written reprimand should indicate the date and nature of the issue, and shall advise the employee of their right to submit a written rebuttal to the Human Resources Manager within 14 days of receipt of the written reprimand. A written reprimand will be retained in the employee’s personnel file and documented in the performance evaluation. Unless required by law, a written reprimand is not subject to the discipline or discipline appeal procedures described below. The employee has the right to have their written rebuttal attached to the reprimand in the employee’s personnel file, if the employee submits the rebuttal to the Human Resources DirectorManager within 14 days after the reprimand is received.A department head may reprimand an employee by furnishing him/her with a written statement of the specific reasons for reprimand. A copy of the reprimand may become part of the employee’s permanent record, and may not be appealed. The employee shall have the right to have a written rebuttal attached to the reprimand if placed in the employee’s personnel file.

3.4. Suspension Without Pay
The City department head may suspend an employee from his or hertheir position without pay for cause. A supervisor, in consultation with the Human Resources Manager, recommending discipline consisting of suspension without pay shall provide a written memorandum proposing such discipline. The memorandum shall describe the proposed discipline, the basis for the recommendation of discipline, including citation to applicable sections of City policy alleged to have been violated and the factual basis for the alleged violations, and shall attach any documents upon which the recommended discipline is based. Documents related to suspension shall become part of the employee’s personnel file if the suspension becomes final.Documents related to a suspension shall become part of the employee’s personnel file when the suspension is final and documented in the performance evaluationpermanent record. A suspension without pay is subject to the discipline and discipline appeal procedures described below. Employees who are exempt from FLSA overtime will only be suspended as authorized by the FLSA. An employee subject to suspension will receive prior written notice and appeal as provided Commented [13]: 1245 rejects new language and proposes
implementing the following:

Written Reprimand:

Any authorized supervisory employee may, in consultation with the Human Resources Manager, reprimand in writing an employee under their supervision for violation of this policy. The supervisor shall create a formal memorandum indicating the date and nature of the violation and shall provide copies of the memorandum to both the employee and the Human Resources Manager. The written reprimand shall be retained in the employees personnel file for (insert length of time) and documented in the performance evaluation, as the supervisor deems necessary. The memorandum shall advise the employee of their right to submit a written rebuttal memorandum within (14) days of receipt of the reprimand. Any response memorandum received within that time period shall be placed in the employee’s personnel file along with the reprimand memorandum.

A written reprimand is not subject to the discipline or discipline appeal process.

Commented [14R13]: We have proposed revised language
here.

Commented [KS15R13]: HR agrees with timeframe to remove need to check into amount. HR recommends 1yrs
Commented [HRS16R13]: I don’t think you should limit this City of Willits
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herein. FLSA-exempt employees are not subject to suspension except in work day or work week increments for violations of workplace conduct rules. FLSAexempt employees who believe they have been disciplined in violation of this policy may use the Complaint Procedure in Section [7.14].

4.5. Demotion
The department head City may demote an employee from his or hertheir position to a lower position for cause. A supervisor, in consultation with the Human Resources Manager, recommending discipline consisting of demotion shall provide a written memorandum proposing such discipline. The memorandum shall describe the proposed discipline, the basis for the recommendation of discipline, including citation to applicable sections of City policy alleged to have been violated and the factual basis for the alleged violations, and shall attach any documents upon which the recommended discipline is based. Documents related to a demotion shall become part of the employee’s permanent recordpersonnel file when the demotion is final and documented in the performance evaluation. A demotion is subject to the discipline and discipline appeal procedures described below.An employee subject to demotion shall be entitled to the prior written notice and appeal as provided herein.

5.6. Reduction in Pay or Paid Leave
The department headCity may reduce an employee’s pay or paid leave for cause. A reduction in pay for disciplinary purposes may take one of threetwo forms: 1) a decrease in salary to a lower step within the salary range; or 2) a decrease in salary paid to an employee for a fixed period of time; or 3) a loss of accrued paid vacation or administrative leave, floating holiday, or compensatory time off. Documents related to a reduction in pay shall become part of the employee’s permanent record personnel file when the reduction in pay is final and documented in the performance evaluation. A reduction in pay is subject to the discipline and discipline appeal procedures described below.

Employees who are exempt from the FLSA overtime requirements are not subject to pay reduction, except loss of accrued vacation, floating holiday, or administrative leave. An employee subject to a reduction in pay shall be entitled to prior written notice and appeal as provided herein. FLSA-exempt employees are not subject to reduction in pay.

6.7. DischargeDismissal
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The department headCity may discharge dismiss an employee from his or hertheir position for cause. Documents related to discharge the dismissal shall become a part of an employee’s personnel file when the dismissal is finalpermanent record. A discharged dismissed employee is entitled to the discipline and discipline appeal procedures prior written notice and appeal based upon the terms described hereinbelow.

13.3.4 Skelly Process Discipline Procedures
The following discipline procedures only apply to the City’s for-cause employees. All employees other than for-cause employees, namely, seasonal, temporary, at-will or probationary employees, may be disciplined or separated at will, with or without cause, and without the disciplinary procedures listed below. The following discipline Skelly process is a pre-disciplinary procedures apply only to for suspension without pay, demotion, reduction in pay, or dischargedismissal.

1. Only regular, for-cause employees have the right to the conference and appeal processes outlined in this section.

2.1.“Skelly” Notice of Intendted to Disciplinary Action to Employee The employee’s supervisor, in consultation with the Human Resources Manager, will be provided a written notice, also known as a “Skelly Notice,” of the intent to intended disciplinary action, in the form of suspension without pay, demotion, reduction in pay or dismissal, which will include e that contains the following:
a. The level of intended discipline intended to be imposed; b. The specific charges upon whichthat support the intended discipline is based;
c. A summary of the facts that show that the elements of each charge at issue in the intended discipline misconduct upon which the charges are based;
d. A copy of all written materials, reports, or documents upon which the intended discipline is based;
e. Notice of the employee’s right to respond to the
Ddepartment Hhead regarding the intended discipline within City of Willits
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seven (7) days from the date of the notice, either by
requesting a Skelly conference, or by providing a written responsecharges either orally during an informal conference, or in writing, or both, subject to reasonable extension of time if agreed to during the seven-day period by the employee and Department Head;
The date and time by which the employee and his or her
representative, if any, may respond to the department head, either orally during the informal conference, or in writing, or both, after no less than seven (7) days from the date of the notice; and
f. Notice of the employee’s right to have a representative of their choice at the Skelly conference; and
f.g. Notice that the failure to respond at by the time specified shall constitutes a waiver of the right to respond prior to the imposition of final discipline.

3.2.Employee’s Response and Skelly Conference
If the employee requests a Skelly n informal conference, the Human Resources Manager shall designate a Department Head or other impartial individual designee (“Skelly Officer”) who will conduct an informal meeting with the employee. During the informal meeting, the employee shall have the to respond orally to the charge(s), the conference must be scheduled at least seven (7) calendar days after the date of the Notice. The conference will be an informal meeting at which the employee has an opportunity to rebut the charges against him or herthem and present any mitigating circumstances. The department Department head Head Skelly officer will consider the employee’s presentation before taking any finalissuing the disciplinary action.

The employee’s failure to make an oral response at the arranged conference timeattend the conference, or to deliver a the employee’s failure to cause his or her written response to be delivered by the date and time specified in the Skelly notice, constitutes is a waiver of the employee’s right to respond prior to the imposition of the discipline. In that case, the proposedand the intended disciplinary action will be imposed on the date specified in the Skelly letter.

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The employee may have a representative present during his or hertheir conference with the Skelly officer Ddepartment head Head regarding the notice of intent to discipline.

4.3.Final Notice of Discipline
After the Skelly conference and/or timely Within five (5) calendar days of receipt of the employee’s timely written response, the Skelly Officer Department Head or within five (5) calendar days of the informal conference, or after the expiration of the employee’s time to respond to the notice of intent, the department head shall: a) dismiss the notice of intent and take no disciplinary action against the employee; b) modify the intended disciplinary action; or c) impose the intended disciplinary action. In any event, the Skelly Officer department Department head Head shall prepare and provide the employee with a notice that contains the following:
a. The level of discipline, if any, to be imposed and the effective date of the discipline;
b. The specific charges upon which the discipline is based; c. A summary of the facts that show the elements of each charge at issue in the intendedmisconduct upon which the charges are based;
d. A copy of all written materials, reports, or documents upon which the discipline is based; and
e. A reference to statement of the nature of the employee’s right to appeal and deadline to appeal.

4. Delivery of the Final Notice of Discipline
The final notice of discipline will be sent by mail method that verifies delivery to the last known address of the employee, or delivered to the employee in person. If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept delivery, the effective date of discipline will be the date the post office or delivery service attempted delivery.
i. Disciplinary Discipline Appeal Procedures
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The following appeal procedures only apply to the City’s for-cause employees. All employees other than for-cause employees, namely seasonal/temporary/at-will/probationary employees, may be disciplined or separated at will, with or without cause, and without the disciplinary procedures listed below. The following appeal procedures apply only to Regular employees may appeal a final notice of dischargedismissal, demotion, suspension without pay, or reduction in pay., to an administrative hearing before the Appeals Board by filing a written request of appeal, either personally with the City Manager or by Certified Mail to the City Manager within ten (10) days from the date of the Department Head’s decision.
ii. Request for Appeal Hearing
An employee may submit a written request of appeal, either personally or by Certified Mail to the City Manager within ten (10) days from: (1) the date of receipt of the final notice of the Skelly OfficerDepartment Head’s decision; or (2) the date date of attempted delivery by the post office or delivery service of the notice to the last known address of the employee. Failure to file a timely written request for an appeal waives the right to an appeal hearing and any appeal of the discipline.
(b) Appeals Board
There is hereby created an Appeals Board consisting of three members. These members shall be appointed by the City Council. One member shall be a local government professional who shall serve as Chairperson for the Appeals Board. One member shall be appointed by the City Council from a list of five individuals presented to them by the City Manager. The third member shall be selected by the appellant and shall be a current full-time employee of the City. ii.iii. Appeal Hearing
The employee and the Human Resource Manager shall get a list of 5-7 names of arbitrators from the California Public Employment Relations Board, select one from the list to conduct an evidentiary hearing and then make an advisory determination. Appeals Board shall conduct a hearing in accordance with the laws of the State of California and tThe hearing shall be private unless the employee requests a public hearing. The Board may have present at said hearing such officers and witnesses as may be required. The advisory determination decision of the majority of the Appeals Board shall be transmitted to the City Manager and shall be advisory only. The City Manager, as the appointing authority, shall have the final decision. All costs associated with the disciplinary appeal hearing will be paid by the City.

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iii.iv. Date and Time of Appeal Hearing
Once the Appeal Hearing Board/Officer has been designated, The Chairperson, in consultation with the City Manager, they will set a date for an appeal hearing within a reasonable time after receipt of a timely written answer and request for appeal. The employee shall be notified in writing at least 21 days prior to the hearing of the scheduled date. An employee who, having filed a timely written answer and request for appeal, and who has been notified of the time and place of the appeal hearing, and who fails to appear personally at the hearing, may be deemed to have abandoned their his or her appeal and their. In this appeal case, the Chairperson may be dismissed the appeal.
iv.v. Identification of Issues, Witnesses and Evidence
No later than ten (10) days prior to the appeal hearing date, each party will provide each other and the Appeal Hearing Officer Chairperson a statement of the issues to be decided, a list of all witnesses to be called (except rebuttal witnesses), a brief summary of the subject matter of the testimony of each witness, and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identify its evidence; the employee shall use alphabet letters. Neither party will be permitted to call any witness during the hearing who has not been identified pursuant to this section, nor use any exhibit not provided pursuant to this section, unless that party can show that they could not have reasonably anticipated the need for the witness or exhibit.

The Chairperson Appeal Hearing Officer will state at the beginning of the hearing his or her decision as to the precise issue(s) to be decided. v.vi. Conduct of the Appeal Hearing

1. Subpoenas
The City Clerk has authority to issue subpoenas in the name of the City prior to the commencement of the hearing. Upon the request of either party, and upon their own motion, the Appeal Hhearing Oofficer will issue subpoenas to compel attendance at the appeal hearing. Each party is responsible for serving his/hertheir/its own subpoenas. City employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. City employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify unless the City agrees to a different arrangement.

2. Continuances
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The Chairperson Appeal Hearing Officer may continue a scheduled hearing only upon good cause shown, and upon payment of any cancellation fees.

3. Record of the Proceedings
All disciplinary hearings may, at the discretion of the ChairpersonAppeal Hearing Officer, be recorded, either electronically or by a court reporter or otherwise, at the option of the City. If the City orders a transcript or makes a transcript of the recording, the City will notify the employee within three (3) days of ordering or making the transcript, and will provide a copy of the transcript upon receipt of the cost of duplication Any party who requests a transcript of the proceedings must pay for his/ her/its own copy of a transcript.

4. Employee Appearance
The employee must appear personally before the Appeal Hhearing Oofficer at the time and place set for the hearing. The employee may be represented by any person they may select.

4.5.Authority of the Appeal Hearing Officers Board or Designee Advisory Hearing Officer
As further detailed herein, the Appeal Hearing Officers Board has authority to control the conduct of hearing and to affirm, modify, or revoke the discipline.

The Appeal Hearing Officers Board may delegate the conduct of the hearing to an Advisory Hearing Officer, who shall provide the Appeal Hearing Officers Board and the City Manager an advisory decision in writing within forty-five (45) days after the completion of the hearing and the receipt of briefs, if any.

The parties shall select the Advisory Hearing Officer by requesting a list of seven qualified arbitrators from the State Mediation and Conciliation Service.

The parties shall flip a coin to determine who strikes first and will then alternate striking arbitrators until one name remains. Each party shall be responsible for paying one-half of the Advisory Hearing Officer’s fees.

5.6.Conduct of the Hearing
a) The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner the Appeal s Board, or the Advisory Hearing Officer, decides is the most
conducive to determining the truth.

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b) Any relevant evidence may be admitted if it is the type of evidence upon which responsible persons are accustomed
to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil act.
c) Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but over timely objection shall not be sufficient in itself to support a finding, unless such evidence would be admissible over
objection in civil actions. An objection is timely if made before submission of the case.
d) The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be
recognized in civil actions.
e) Irrelevant and unduly repetitious evidence may be
excluded.
f) The Appeal s Board and/or Advisory Hearing Officer shall determine relevancy, weight and credibility of testimony and evidence.
g) During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon the request of either party.

6.7.Burden of Proof at the Hearing
The City has the burden of proof by a preponderance of the evidence.

7.8.Right to Due Process
The employee shall have the following due process rights during the hearing:
a. All witnesses shall be sworn in for the record prior to testifying at the hearing. The Chairperson or Advisory
Hearing Officer or court reporter shall request each witness to raise his or her right hand and respond to the following:
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at this hearing is the truth, the whole truth, and nothing but the truth?”;
b. The right to be represented by legal counsel or another chosen representative, at his or her own expense;
c. The right to call and examine witnesses on his or her behalf; d. The right to introduce evidence;
e. The right to cross-examine opposing witnesses on any matter relevant to the issues;
f. The right to impeach any witness regardless of which party first called him or her to testify; and
g. The right to rebut evidence against him or her.

8.9.Hearing to Be Closed to the Public
The hearing will be closed to the public unless the employee requests that it be open.

9.10. Presentation of the Case
The parties will address their remarks, evidence, and objections, to the Appeal s Board or Advisory Hearing Officer. All parties and their counsel or representatives shall not disparage the intelligence, morals, or ethics of their adversaries or of the Chairperson or Advisory Hearing Officer. All parties and their representatives are expected to act professionally. The Appeals Board or AdvisoryAppeal Hearing Officer may terminate argument at any time and issue a ruling regarding an objection or any other matter. The Appeals Board or AdvisoryAppeal Hearing Officer may alter the order of witnesses, limit redundant or irrelevant testimony, or directly question the witness. The hearing shall proceed in the following order unless the Appeal Board or Advisory Hearing Officer directs otherwise:
a. The City shall be permitted to make an opening statement. b. The employee shall be permitted to make an opening
statement.
c. The City shall produce its evidence.

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d. The employee shall produce his or hertheir evidence. e. The City, followed by the employee, may offer rebuttal evidence.
f. Closing arguments of no more than twenty (20) minutes shall be permitted at the discretion of the Appeal s Board or Advisory Hearing Officer. The City shall have the right to argue first, the employee may argue second, and if the City may reserved a portion of its argument time for rebuttal, the City may present a rebuttal.
g. The Appeal s Board, the Advisory Hearing Officer, or the parties may request the submission of written briefs and/or a draft decision. The Appeal s Board or the Advisory Hearing Officer will determine whether to allow written briefs or draft decisions, the deadline for submitting briefs, and the page limit for briefs.

10.11. Written Findings and Decision
The Appeal Hearing Officers Board shall render a statement of written findings and decision after the hearing has been completed and the briefs, if any, have been submitted. If the Appeals Board has delegated the hearing to an Advisory Hearing Officer, the Advisory Hearing Officer shall render a proposed statement of written findings and decision to the City Manager within forty-five (45) days after the completion of the hearing and the receipt of briefs, if any. If the City manager was not the Appeal Hearing Officer, tThe The City Manager shall review the findings and recommendations of the Appeal Hearing Officer, and may accept, modify, or reject the Appeals Board or Advisory Hearing Officer’s proposed statement of written findings and, decision, recommendations or disciplinary action. If the City Manager seeks to modify or reverse reject the proposed decision, the City Manager shall review the proposed statement of written findings and decision, the evidence and transcript of proceedings, and the briefs, if any. The City Manager shall render a final statement of written findings and decision.

11.12. Proof of Service of the Written Findings and Decision The Appeals BoardCity will mail a copy of the shall send its final statement of written findings and decision, along with a proof of service of mailing that confirms that each of the parties and each of the parties’ representatives were City of Willits
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mailed the final written findings and decision, to each of the parties and to each of the parties’ representatives. It shall be the responsibility of the employee to inform the City of their address. A copy of the decision shall also be provided to the Human Resources Manager.

12.13. Statute of Limitations
The City Manager’s written findings and decision is final. There is no process for reconsideration. Pursuant to Code of Civil Procedure, section 1094.6, the parties have ninety (90) days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of Mendocino.

The City Manager may establish any administrative procedures he or she deems necessary to carry out the intent of this procedure and to assure a uniform and well understood process.

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SECTION 16.SECTION 14. DRUG AND ALCOHOL FREE WORKPLACE
POLICY
a) Policy
The purpose of this policy is to promote a drug and alcohol-free workplace and to eliminate drug and alcohol-related inefficiencies and risks. unlawful manufacture, distribution, dispensation, possession, or use of alcohol or any controlled substance is prohibited in both City workplaces and wherever City business is performed.

Compliance with this policy is a condition of City employment. Disciplinary action will be taken against those who violate this policy.

A city employee is prohibited from working or responding to work on a call back if impaired by alcohol or any controlled substance.

An employee must notify his or her supervisor before beginning work when taking medications or drugs which could interfere with the safe and effective performance of duties or operation of City equipment. If there is a question regarding an employee’s ability to perform assigned duties safely and effectively while using prescribed medications, the City may require medical clearance.

Compliance with this policy is a condition of City employment. Disciplinary action will be taken against those who violate this policy.

Employees who are required to participate in the City’s “Federally Mandated Commercial Drivers License Holders Drug/Alcohol Testing Education Program” are subject to requirements contained in the City’s Policy and in the Department of Transportation’s Anti-Drug Testing Program and Alcohol Misuse Prevention Program. For any questions please contact the Human Resource Manager.
b) Scope of Policy
This policy applies to all City employees, whether when they are on City property or when they are performing City-related business elsewhere, except as this policy is superseded a memorandum of understanding or federally mandated drug and alcohol policies. c) Drug and Alcohol-Free Awareness Program
The City’s employee assistance provider offers counseling and treatment of drug- or alcoholrelated problems. The employee assistance provider has information about: (1) the dangers of drug or alcohol abuse in the workplace; (2) the penalties that may be imposed for drug or alcohol abuse violations; (3) the City’s policy of maintaining a drug- and alcohol-free workplace; and (4) any available drug or alcohol counseling, rehabilitation or employee assistance programs.

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c)d) Searches
In order to promote a safe, productive and efficient workplace, the City has the right to search and inspect all City property, including but not limited to lockers, storage areas, furniture, City vehicles, and other places under the common control of the City and employees. No employee has any expectation of privacy in any City building, property, or communications system. For police officers, searches are done in accordance with the Public Safety Officers Procedural Bill of Rights d)e) Drug and Alcohol Testing
Except as provided otherwise in a collective bargaining agreement or as to safety-sensitive employees subject to Department of Transportation (“DOT”) requirements, the City has discretion to test applicants and current employees for alcohol or and drug use iunder the following circumstancesinstances:
i. Pre-Employment Testing for External Applicants for Certain Jobs Those external applicants who apply for certain jobs where a special need for pre-employment drug and alcohol testing exists must take and pass a drug and alcohol test following a conditional offer of employment. The categories of jobs subject to pre-employment drug and alcohol testing include, but is not limited to, the following:

Safety sensitive jobs that have public safety implications, such as operating heavy trucks to transport hazardous material, protecting national security, enforcing drug laws, and/or operating natural gas pipelines; and jJobs that involve the direct influence over children.
i.ii. Reasonable Suspicion Testing
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employeespersons who are reasonably suspected of using or being under the influence of a drug or alcohol at work under the following circumstances. Testing must be approved by the Human Resources Director, the department head, or a designee.

14. “Reasonable suspicion” to test exists if, is based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors include, but are not limited to:such as unusual behavior, slurred or altered speech, body odor, red or watery eyes, City of Willits
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unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria,
disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use which would lead a reasonable person to believe that the employee is under the influence of drugs or alcohol. If the City suspects drugs or alcohol may have played a role in an accident involving City property or equipment that will also constitute reasonable suspicion.

15. Documentation and Analysis: In order to receive authority to test, the supervisor must record, in writing, the factors that support reasonable suspicion and discuss analyze the matter with the Director or dDepartment Hhead or Human Resources Manager.

Any reasonable suspicion testing must be pre-approved by the Department Head or Human Resources Manager.

13.16. Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and the Department Head or Human Resources Manager has approved, there is a reasonable suspicion of drug or alcohol abuse, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be and placed on sick or other paid leave until the test results are received. ii.iii. Post-Accident Testing
The City may require alcohol or drug screening following any work-related accident or any violation of safety precautions or standards, whether or not an injury resulted from the accident or violation, provided that the “reasonable suspicion” factors described above are met.
e)f)Employee ResponsibilitiesProhibited Conduct
The following conduct is prohibited: A City employee must:

1. The manufacture, distribution, sale, dispensation, possession, or use of any controlled substance, narcotic (including marijuana), or prescription drug that has not been lawfully prescribed to the employee in either City workplaces or whenever City business is being City of Willits
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performed.Not report to work or be on standby or on-call status while his or her ability to perform job duties is impaired due to on or off duty alcohol or drug use;

2. Working or being subject to call in if impaired by alcohol or any controlled substance, narcotic (including marijuana), or prescription drug that has not been lawfully prescribed to the employee. Not possess or use controlled substances (illegal drugs or prescription drugs without a prescription) at any time, or use alcohol at any time while on City property or while on duty for the City at any location; Not directly or through a third party manufacture, sell, distribute, dispense, or provide controlled substances to any person, including any employee, at any time; or manufacture, sell, distribute, dispense or provide alcohol to any employee while either or both are on duty;

3. An employee’s failure to nNotify his or hertheir supervisor, before beginning work, when taking any medications or drugs, including but not limited to: prescription drugs, over the counter medications, or illegal drugs or narcotics (including marijuana) which could or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment;

4. An employee’s failure to nNotify the Human Resources Manager or Ddepartment Hhead of any criminal conviction for a drug violation that occurred in the workplace, within no more than five (5) days after such conviction;

5. An employee’s failure to nNotify the supervisor immediately of facts or reasonable suspicions when he or she observinges behavior or other evidence that a fellow employee poses a risk to the health and safety of the employee or others; and

6. Failing to sSubmit to drug or alcohol testing and searches in accordance with this policy and applicable laws.
g) Management Employee Responsibilities
Management employees are responsible to:

14.17. Notify the state or federal granting agency which has funded the work or program, if any, of any criminal drug statute convictions for a violation that occurred at a site where work is/was being done with a specific grant or contract.

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15.18. Record factors supporting “reasonable suspicion” as defined above and consult with other management staff in order to determine whether there is reasonable suspicion to test.

16.19. Take appropriate disciplinary action for any criminal drug statute conviction that occurred in a City workplace, up to and including termination, or require that the convicted employee participate satisfactorily in a drug abuse assistance or rehabilitation program as a condition for returning to duty.

17.20. Take appropriate disciplinary action for any violation of this policy.
f)h)Drug-Free Awareness Program
The following is the City’s drug-free awareness program:

1. Distribution to each City employee and volunteer of a brochure on the dangers of drug abuse.

2. Notification to each City employee and volunteer of the availability of counseling and treatment of drug-related problems through the City’s Employee Assistance provider.

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SECTION 17.SECTION 15. GRIEVANCE PROCEDURES
a) General
The goal of this grievance Grievance Pprocedure is to make every reasonable effort to resolve applicable complaints as near as possible to the point of origin. b) Definitions

1. Grievance
A grievance is an alleged violation of a specific provision of these Policies that adversely affects the employee and that contains all of the information listed in the “Statement of the Grievance” below. The following procedure applies to all City employees, unless the following apply: the employee is covered by a grievance procedure in an MOU; another dispute resolution procedure applies to the dispute; or a discipline policy and procedure applies. The grievance procedure cannot be utilized to challenge the content of a performance evaluation.

2. Subject to the exclusions listed in this Rule, a grievance is defined as any dispute that: 1) is job-related; 2) is wholly or partially within the province of the City to rectify or remedy; 3) concerns terms and conditions of employment; 4) involves the interpretation, application, or alleged violation of these Rules; 5) is not subject to any other City dispute resolution process or procedure that is provided by statute, ordinance, resolution or agreement.

2. Statement of the Grievance
A concern is not a grievance unless the affected employee is able to state each of the following: the date of the alleged violation; the specific provision(s) of these policies that were allegedly violated; a description of all facts regarding how the alleged violation occurred; and a list of all persons who are witnesses or are involved. The grievant may use a City form to make the Statement of the Grievance. A Statement of the Grievance must be signed by the employee filing the grievance to certify that it is filed in good faith.

3. Grievant
A grievant is an employee who is personally affected by an act or omission that occurred no more than fourteen (14) days prior to the reporting of the grievance, City of Willits
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provided that the act or omission comes within the definition of “grievance” as described herein.

4. Days Timelines
For purpose of the timelines in this section, “Day(s)” shall mean day(s) when the City’s main administration office is open for business. Failure of the City to comply with the time limits of the grievance procedures allows the grievant to appeal to the next level of review. Failure of the grievant to comply with the time limits of the grievance procedures constitutes settlement and resolution of the grievance on the basis of the last disposition. The parties may extend time limits by mutual written agreement in advance of a deadline.

5. Exclusions from the Grievance Procedure
The following matters are excluded from the definition of “grievance:” a. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meeting and conferring process or matter within the scope of representation;
b. Resignation due to election to City Council or marriage to a coworker; c. Requests for changes in the content of employee evaluations or performance reviews, oral or written warnings, reprimands or counseling;
d. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase;
e. Challenges to any disciplinary action;
f. Challenges to examinations or appointment to positions; g. Management of the City generally or issues of City or Department policy;
h. Determination of the nature, necessity or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs;
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i. Methods of financing;
j. Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force;
k. Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out City functions;
l. Determination of work assignments and schedules;
m. Determination of productivity or performance programs and standards.
n. Determination of standards, policies, and procedures for selection, training, and promotion of employees; and
o. Establishment, implementation, and modification of Department organizations, supervisory assignments, chains of command, and reporting responsibilities.

This list is not exhuastiveexhaustive and there may be other matters that are not included in the grievenacegrievance.
c) Procedures
Step 1: Informal Resolution with Supervisor
Within fourteen seven (7) (14) days from the event giving rise to a grievance or from the date the employee could reasonably be expected to have had knowledge of such event, the grievant shall orally discuss his or her grievance with his or her supervisor. The supervisor will investigate and attempt to resolve the matter and shall provide the employee with an oral response within three (3) fourteen (14) days after the discussion. If the employee is not satisfied with the response, he or she may proceed to Step 2.

Step 2: Formal Written Grievance with Supervisor
If the grievant is not satisfied with the resolution proposed at the informal level (Step 1), he/she may, within fourteen ten (1410) days of the receipt of such response, file a formal written grievance with his or her immediate supervisor on the approved form provided by the City. The immediate supervisor shall, within fourteen three (314) days of receiving the written grievance, have a meeting with the grievant. W and within fourteen five (145) days thereafter after meeting with the grievant, the supervisor shall give a written response to the grievant on the approved City form. A City of Willits
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copy of the immediate supervisor’s response will be filed in the grievance file. If the grievant is not satisfied with the response, he or she may proceed to Step 3.

Step 3: Appeal to Department Head
If the employee is dissatisfied with the Immediate immediate Supervisor’s supervisor’s response, he or she the employee may, within five (5) fourteen (14) days of receipt of the immediate supervisor’s written response, appeal to the Department Head on the form approved by the City for that purpose. The grievant shall provide the Department Head with a copy of the Step 2 response. Within fourteen five (5) working (14) days after receiving the appeal and Step 2 response, the Department Head may, at his or her discretion, schedule a meeting with the grievant. The Department Head shall provide a response in writing within tenfourteen (104) days of receipt of the appeal or the meeting with the grievant, whichever occurs later, on the approved form. A copy of the Department Head’s response will be filed in the grievance file. If the grievant is not satisfied with the response, he or she may proceed to Step 4.

Step 4: Appeal to City Manager
If the grievant employee is dissatisfied with the Department Head’s response, he or she may, within fourteen five (5)(14) working days of receipt of the Department Head’s response, file a written appeal to the City Manager on the approved City form.

Within fourteen ten (1410) days of receiving the written appeal, at his or her discretion, the City Manager may schedule a meeting with the grievant, at the City Manager’s discretion. Within fivefourteen (5)(14) days after the meeting or receipt of the Step 4 appeal, whichever is later, the City Manager shall provide the grievant with a written response.

The City Manager’s decision is final and binding. The City Manager’s decision shall be confined to the precise issue(s) raised by the grievance and submitted by the grievant and shall not and shall be limited in that 1) it will neither add to, detract from, nor modify the language of these Rules or any applicable memorandum of understanding, and 2) the decision shall be confined to the precise issue(s) raised by the grievance and submitted by the grievant.

Any monetary award in favor of the grievant may not exceed wages or benefits that the grievant has actually lost as a result of the matters alleged in the grievance. In no event shall any grievance award include any compensatory damages or attorneys’ fees. d) General Ground Rules for Grievances
All employee grievances must follow this chain of appealthe procedure set forth above. e) Withdrawal
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A grievant may withdraw any grievance at any time, without prejudice, by giving written notice to the City representative who last took action on the grievance, and by providing a copy to the Human Resources Division.
f) Time Limits
g) All references to number of days will be understood as calendar days. Time limits may be waived upon consent of both parties.
h) Beginning with Step 2 of the Grievance Procedure, all grievances must be in writing, using the approved City Grievance Form.
i)f) Representation
An employee may have a representative of his or hertheir choice present at all each stages of the grievance procedure, except that no one may be represented by an employee he or shethey supervises, and no employee may be represented by his or hertheir supervisor or department Department headHead. If the employee’s representative is a fellow employee, that employee will receive time off from his or hetheir work assignment for the time of the grievance meeting or hearing plus reasonable travel time. Forty-eight (48) hours prior to the grievance meeting, the employee shall inform the management employee with whom he or she isthey are meeting as to whether he or shethey shall be represented at the grievance meeting and if so, shall identify the representative.
j)g)Settlement of Grievance
Any grievance will be deemed settled when it is not appealed to the next step within the specified time limit, unless an extension of time to a definite date has been mutually agreed upon in writing.

Any grievance that the grievant fails to timely move to the next step shall be deemed resolved on the basis of the last disposition.
k)h) Grievance of an Order
If an employee is given an order that he or shethey wishes to grieve, the employee must first comply with the order and file a grievance later, unless the assignment endangers the health or safety of the employee or others, or if the employee reasonably believes that the requested assignment violates of the law. employee’s constitutional rights. l)i) No Retribution Retaliation
There shall be no retaliation against employees from filing or using the Employees shall have freedom from reprisal for use of the Grievance Procedures.

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SECTION 18.SECTION 16. MISCELLANEOUS PROVISIONS
Employment of Relatives, Spouses and Domestic Partners
The City regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest and to promote safety, security, supervision, and morale.

For purposes of this Policy, “relative” means is defined as a spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership. parent-in-law, brother-in-law or sister-in-law. “Spouse” means one of two persons who have a validto a marriage, or two people who are registered domestic partners, as those terms are defined by state law. and who are wife and husband. “Supervisory relationship” means one in which one employee exercises the right or responsibility to control, direct, reward, or discipline another by virtue of the duties and responsibilities assigned by the City.

The City shall will not base any employment decision to appoint, promote or transfer a person to a position within the same department, division, or facility in which the person’s relative already holds a position, if any on whether or not that person has a relative presently employed by the City, except that the Department Head or City Manager shall have discretion to prohibit such appointment, promotion or transfer when any of the following would occurresult:
a. A direct or indirect supervisory relationship between the relatives; or
b. The two employees having job duties which require performance of shared duties on the same or related work assignment; c. Both employees having the same supervisor; or
a.d. A potential for creating an adverse impact on supervision, safety, security, morale or efficiency exists that is greater for relatives than for unrelated persons.

The City will not appoint, promote, or transfer a person, to the same department, division, or facility in which the person’s spouse or registered domestic partner already holds a position, if such employment would result in any of the following:
a. One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner; or
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b. Potential conflicts of interest or hazards for married persons or those in domestic partnerships which are greater than for those who are not married or in domestic partnerships.

Transfer: If two City employees who work in the same department later become spouses or domestic partners while both are employed by the City, the Human Resources Manager Department Head or City Manager has discretion to transfer one of the employees to a similar position in another department, or will make reasonable efforts to assign job duties so as to minimize problems of supervision, safety, security or morale. Although the wishes of the two employees in question will be given considerationconsidered, the department headHuman Resources Manager retains sole discretion to determine which employee is towill be transferred based upon City needs, safety, security or moraleoperations, or efficiency. Notwithstanding any provision in these Policies,A any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process.

Separation: If continuing employment of accommodations cannot be made to avoid the problems that would arise if both employees, who work in the same department and who later become spouses or domestic partners, cannot be accommodated in a manner the Human Resources Manager finds to be consistent with the City’s interest in the promotion of supervision, safety, security, or morale, then the Human Resources Manager, in consultation with the City Manager, retains the discretion to decide which of the two shall resign. retains the sole discretion to separate one employee from the Cityand the City Manager retains the decretion >>>>. remained employed by the City, the employees involved shall decide which of the two shall resign. Absent the resignation of one of the employees, If the two employees cannot decide, then the employee with the least seniority shall be required to resignwill be separated. Not withstanding any provision in these Rules, a If the separated employee is not at-will, they will be entitled to a pre-separation conference as provided under Section 13.3.4. Any such separation is not considered to be disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process.

Employment Status of City Council Members
City Council Members shall not be employed by the City. If a City employee chooses to run for the City Council, prior to taking out his or her election papers he or she must either resign his or her City position or request a leave of absence without pay as provided in [Section 9.1114] of this Manual. A leave of absence granted under this provision shall extend for the duration of the election campaign. If elected to the City Council, the employee on leave must immediately resign his or her regular position. Such resignation is not subject to appeal or grievance.

No Solicitation
i. No Solicitation During Work Hours or in City Offices City of Willits
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City employees or officers may not solicit or receive political funds or contributions to promote the passage or defeat of any ballot measure that would affect working conditions during the working hours of its officers and employees, or in City offices.

Those who violate this policy will be subject to discipline, up to and including termination.
ii. No Targeted Solicitation of City Officers or Employees Officers or employees of the City, or candidates for elective office of the City, may not directly or indirectly solicit political contributions from other officers or employees of the City unless the solicitation is part of a solicitation made to a significant segment of the public which may incidentally include officers from and employees of the City.
iii. No Political Activity in Uniform
No City employee or official shall participate in political activities of any kind while in a City uniform or other City-issued clothing.
iv. No Political Activity on City Property or During Work Hours City employees and officials are prohibited from engaging in political activity during working hours or on City property.

Safety Program
The City of Willits is committed to providing and maintaining a healthy and safe work environment for all employees. Accordingly, the City of Willits has instituted an Injury and Illness Prevention Program designed to protect the health and safety of all personnel. Every employee will receive a copy of the City of Willits General Safety Rules and will receive health and safety training as part of the Injury and Illness Prevention Program. A complete copy of the Injury and Illness Prevention Program is kept by the Human Resources Director Manager and is available to employees for review. The City may establish policies and procedures relating to specific hazards, such as the City’s Covid-19 Prevention Program, which will be shared with employees as they are established and updated.

Every employee is required to know and comply with the City of Willits’ General Safety Rules and to follow safe and healthy work practices at all times. Employees may be subject to discipline for engaging in any unsafe or unhealthy work practice or for violating established safety rules.

Each employee also is required to report immediately to his or her supervisor any potential health City of Willits
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or safety hazards, and all injuries or accidents. First Aid supplies are located in each Department.

The location of the nearest doctor and/or medical facility is posted in each Department.

Supervisors are responsible for obtaining first aid and proper medical care, and for filling out all appropriate medical forms, Occupational Safety and Health forms, and Workers’ Compensation Employer’s Records of Industrial Injury forms. In the event of death or critical injury, the Department Head and City Manager must be notified immediately. If the Department Head cannot be reached, the City Manager must be notified. The Department Head must report the injury or death within twenty-four (24) hours to the appropriate government officials and to the City of Willits Workers’ Compensation insurance carrier.

Supervisors must notify the Safety Coordinator immediately upon learning of a concealed hazardous condition that poses a significant danger to the health or safety of employees. On learning of the hazardous condition, the Safety Coordinator must either have the condition corrected or notify in writing the California Division of Occupational Safety and Health and all employees who are at risk. If the condition poses an immediate risk of serious harm or death to employees, the Safety Coordinator must have the condition corrected or give written notice immediately. In all other cases, corrective action or notification must take place no later than fifteen (15) days of any supervisor’s or manager’s actual knowledge of the condition.

Use of City Property and Equipment or Resources
City equipment and resources property is to be may only be used only for conducting City business unless otherwise authorized, except for incidental personal use that is consistent with this policy.

As a result, City equipment and resources are non-public forums. Every City employee is required to adhere to this policy.

City property includes, but is not limited to: telephones, desks, computers (including hardware and software), file cabinets, lockers, communications stored or transmitted on City property (such as e-mail and voicemail), vehicles and other City property used by City employees in their work.

City property may be monitored and searched by at any time and for any reason. Messages sent or received on City equipment (i.e., voicemail or e-mail messages) may be saved and reviewed by others. As a result, City employees have no expectation of privacy in the messages sent or received on City property or equipment.
i. City Equipment or Resources
City equipment or resources is any City-owned or supplied item or resource, including but not limited to: intellectual property (e.g., photographs, plans, drawings, formulas, customer lists, designs, formulas), vehicles, telephones, cell phones, pagers, tools, machines, supplies, copy machines, facsimile City of Willits
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machines, desks, office equipment, computers (including hardware and software), file cabinets, lockers, Wi-Fi, internet, intranet, City network, data systems, routers, voice mail, servers, and email or voice mail communications stored in or transmitted through City electronic resources or equipment. ii. No Expectation of Privacy
The City periodically and without prior notice, monitors, reviews, accesses, or retrieves data from its equipment or resources, including electronic communications and content contained in or transmitted through City networks or electronic resources. City employees must provide the agency with the employee’s username or password for any City issued equipment or resource. The existence of passwords or delete functions does not restrict the City’s access. As a result, City employees have no expectation of privacy in their use of any City equipment or resources.
iii. Appropriate Use Only – No Misuse
Employees may only use City equipment or resources in compliance with City policies. Except as authorized by this policy, employees are expected to avoid any use or communication which is unrelated to City business, destructive, wasteful or illegal. The City has discretion to restrict or rescind employee access to City equipment or resources. The following are examples of misuse of City equipment or resources:
a. Any use that violates applicable law and/or City/ policies, rules or procedures;
b. Exposing others to material which is offensive, harassing, obscene or in poor taste. This includes information which could create an intimidating, offensive or hostile work environment;
c. Any use that may create or further a hostile attitude or give offense on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law;
d. Communication of confidential City information to unauthorized individuals within or outside of City;
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e. Unauthorized attempts to access or use City data or break into any City or non-City system;
f. Theft or unauthorized transmission or copying of paper or electronic files or data;
g. Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass communication;
h. Misrepresentation of one’s identity for improper or illegal purposes;
i. Personal commercial or business activities (e.g., “for sale” notices, personal ads, etc.);
j. Transmitting/accessing obscene material and/or pornography; k. E-Commerce;
l. Online gambling;
m. Installing or downloading unauthorized software or equipment; Violating terms of software licensing agreements; and
n.
o. Using City equipment or resources to access and/or use dating web resources, personal social media, or games of any type. p. Any unauthorized access to City equipment or resources, including: using keys or key cards; using or disclosing the username or password of another person or employee to gain access to their email or other electronic resources; or making City equipment or resources available to others who would otherwise have no authorized access.
q. Using City equipment or resources to speak on the City’s behalf without prior authorization.
i.iv. City Business Use and Incidental Personal Use Only City of Willits
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The City’s computer system and telephone system are to be used only by authorized employees and for the purpose of conducting City business.

Incidental personal use of City telephones, cell phones, e-mail and internet services by employees is allowed as long as it:
a. 1) Iit is not discriminatory, harassing, retaliatory, abusive, illegal, or inappropriate, or prohibited by this policy (for example, no social media use, no electronic dating, no gaming, etc.); and b. D2) does not interfere or conflict with City operations or the work performance of any City employees;’ duties and
c. Is kept to a minimum and is limited to break times or nonworking hours;. d. Allows the employee to more efficiently perform City work; a.e. Clearly indicates it is for personal use and does not indicate or imply City sponsorship or endorsement.
v. Social Media Policy
The City has a Social Media Policy, effective January 1, 2023, that provides the guidelines for the establishment and use of City social media sites. This Policy is available on the City’s shared drive and from the Human Resource Manager upon request. at [LOCATION]. The City expects employees to review and comply with these guidelines before posting or commenting on any City social media sites.
ii.vi. Computer Use
The City’s computer system, including the mainframe/network/stand-alone computers, peripheral devices, software, e-mail, online or Internet access, and all information stored on the computer system, is the property of the City. iii.vii. Access to Computer System
The City provides authorized employees access to the computer system in order to assist them in performing their job duties for the City. Access to the computer system is at the City’s sole discretion.
viii. City Email Address Must Be Used for City Business City of Willits
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The City’s email system is an official communication tool for City business.

The City establishes and assigns official email addresses to each employee as the City deems necessary. Employees must send all City communications that are sent via email to and from their official City email address. Employees are prohibited from using their personal email addresses when communicating City business via email. Should an email related to City business be sent to an employee’s personal email account, the email should be immediately forwarded to the employee’s City email account and responded to accordingly.
iv.ix. Employee Privacy and City Access to All Computer Documents All computer documents, including e-mail and stored files, are City documents.

The City reserves the right to access, review, print and disclose computer documents for legitimate business reasons, including to investigate suspected misconduct, locate needed information, satisfy a law or a governmental request, or protect the City’s interests.

Employees should understand, therefore, that they should not expect privacy with respect to any messages or information created or maintained on the City’s computer system, including personal information, or messages, or social media use. The City may, at its discretion, inspect all files or messages on its computer system. The City may also monitor its computer system at any time in order to determine compliance with its policies, for purposes of legal proceedings, to investigate suspected misconduct, to locate information, or for any other legitimate business purpose.

Employees should also understand that deleting or erasing information or messages from the City computer system does not ensure that they are confidential. Deleting or erasing information from the computer system is usually ineffective. Employees should understand that the City may electronically recall or recreate any information kept on the City’s computer system even if the employee has deleted or erased it.
v.x. No Use in Violation of Law or City Policy
The City’s computer system must not be used in violation of any law or any City policy, including the City’s policies on discrimination and harassment. It is impossible to list every type of computer system use that would be a violation of the law or City policy. This does not apply to police service employees in the normal course and scope of their employment. Without exhausting all the possibilities, the following are examples:

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a. Using the computer system for any unlawful purpose or to store or transmit unlawful material.
b. Storing or transmitting sexually explicit images, messages, or cartoons, or communications that contain ethnic slurs, racial epithets, or anything that could be construed as harassing or disparaging others based on race, national origin, ethnicity, religion, age, gender, sexual orientation, marital status, color or physical or mental disability.
c. Storing or transmitting libelous or defamatory material. d. Violating any copyright or software license.
e. Using threatening, obscene or abusive language on the computer system.
f. Using the City’s computer system for to pursue personal business or activities, such as selling personal items or soliciting for personal charities.
xi. Use of Cellular Phone While Operating a Vehicle
Use of a handheld cell phone while driving, in the course of conducting City official business, is prohibited except as provided by law. City employees must use a hands-free device to make calls if, in the course of City official business, a City employee needs to make or receive a call while driving. vi.xii. Other Prohibited Activities.

In addition to the above, employees must not engage in any of the following activities in connection with the City’s computer system:
a. Installing software on the computer system (including virus checking and screen savers) without prior authorization of the systems manager.
b. Copying software on the City’s computer system for transfer to another computer for work purposes without prior authorization of the systems manager.
c. Copying software on the City’s computer system for personal use.

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d. Connecting computers, including laptops, not owned or leased by the City to the City’s computer system without prior authorization of the systems manager.
e. Using the access code, log on or passwords of another employee to gain access to that employee’s e-mail or computer records, unless for business necessity.
f. Disclosing access codes, log-ons or passwords, or otherwise making the City’s computer system available, to anyone not authorized to have such access.
vii.xiii. Discipline
Failure to follow this policy may result in discipline.

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SECTION 19.SECTION 17. CHILD ABUSE AND NEGLECT REPORTING POLICY
This Policy identifies City positions covered by theThe California Penal Code’s “Child Abuse and Neglect Reporting Act” (Penal Code, sections 11164 – 11174.43) requires certain professionals who have a special working relationship with children to report reasonably suspected abuse or neglect to the proper authorities. All employees who are Mandated Reporters must sign an acknowledgment that they have read and understand Penal Code section 11166 regarding the reporting of suspected child abuse and neglectand the legal requirements for employees in those positions.

Mandated ReportersDefinitions
“Designated Agencies” means any police department or sheriff’s department (not including a school district police or security department), the county probation department (if designated by the county to receive mandated reports), or the county welfare department. (Pen. Code §11165.9).
“Mandated reporters” include, but are not limited to, the following:
• A teacher, an instructional aide, or teacher’s assistant. • An administrative officer or supervisor of child welfare and attendance. • An administrator of a day camp.
• An administrator or employee of a youth center, youth recreation program, or youth organization.
• An administrator or employee of an organization whose duties require direct contact and supervision of children.
• An athletic coach, athletic administrator, or athletic director. • A public assistance worker.
• A social worker, probation officer or parole officer. • A district attorney investigator, inspector, or local child support agency caseworker • A peace officer.
• A firefighter.
• An animal control officer or humane society officer.
• An employee of any police department, county sheriff’s department, county probation department, or county welfare department.

The full list of mandated reporters is set out in Penal Code section 11165.7. “Reasonable Suspicion” means a suspicion of child abuse or neglect where “it is objectively reasonable for a person to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate on his or her training and City of Willits
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experience, to suspect child abuse or neglect.” (Penal Code § 11166(a)(1)). Reasonable suspicion does not require certainty. In other words, if an employee reasonably suspects child abuse or neglect, he or she must report.

Child abuse or neglect includes any of the following:
• Physical injury or death – inflicted by other than accidental means on a child (Pen.

Code § 11165.6).
• Sexual abuse – sexual assault and sexual exploitation, including child pornography and child prostitution (Pen. Code § 11165.1).
• Severe or general neglect – must be reported if the perpetrator is a person responsible for the child’s welfare. It includes acts or omissions harming or threatening to harm the child’s health or welfare (Pen. Code § 11165.2).
• Unlawful corporal punishment or injury – means willfully inflicting any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. (Pen. Code §11165.4).
• Willful harming or injuring of a child, or the endangering of the person or health of a child – which includes willfully causing or permitting any child to suffer, or inflict thereon, unjustifiable physical pain or mental suffering, or willfully causing or permitting the person or health of the child to be endangered. (Pen. Code § 11165.3).

Examples of sexual abuse and sexual activity, which must be reported, include but are not limited to:
• Rape,
• Statutory rape where one party is under the age of 16 and the other is over age 21, • Group rape,
• Incest,
• Sodomy,
• Lewd act on a child,
• Penetration by a foreign object,
• Oral copulation,
• Child molestation.

Examples of sexual exploitation which must be reported include but are not limited to:
• Preparing, selling or distributing matter depicting a minor engaged in obscene acts, including via the internet or electronic device,
• Coercing a child to engage in prostitution or coercing parental consent for a child to engage in prostitution,
• Depicting a child in or creating, developing or trading photos of minors engaged in obscene sexual conduct.

Examples of neglect, which must be reported, include, but are not limited to, malnutrition, lack of physical hygiene, inadequate clothing, or lack of medical care under circumstances indicating City of Willits
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harm or threatened harm to the child’s health or welfare.

A mandated reporter is an individual who is obligated by law to report suspected cases of child abuse and neglect. In general, any individual who, in the ordinary course of their employment, has contact with children is a mandated reporter. Mandated reporters City employees subject to the requirements of the Penal Code sections cited above and the requirements of this Policy are considered “mandated reporters” and include: 1) Any employee of the City’s Police Department, and 2) any City employee whose duties require direct contact and supervision of children.

The City may amend this Policy from time to time to identify mandated reporters. Each mandated reporter will be notified that his or her position has been identified as such and provided with instructions and resources for identifying and reporting child abuse. Each mandated reporter will be required to sign a “Receipt and Acknowledgment of Child Abuse and Neglect Reporting Policy” form provided by the City.

Responsibility for Reporting Child AbuseMandated Reporter Duties When Child abuse or neglect must be reported whenever a mandated reporter, in the course and scope of his or her employment or in his or her professional opinion, has knowledge of, observes, or reasonably suspects a child is the victim of abuse or neglect. (Pen. Code § 11166(a)). , the mandated reporter is required to follow these steps:

The mandated reporter has individual responsibility to report when they receive reliable information or has the initial contact with the child when a concern arises. If the individual confers with a superior and a decision is made that the superior file the report, one report is sufficient. However if the superior disagrees, the individual with the original suspicion must report. If the mandated reporter “suspects” child abuse, they must make a report without delay.

A mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, may make a report to a designated agency. (Pen. Code § 11166.05).

Procedure
The mandated reporter reporting the abuse is responsible for filing the necessary reports.

A mandated reporter must make an initial report by telephone to a designated agency immediately (or as soon as practically possible). The mandated reporter may call the Mendocino County Child Abuse Hotline at 1-(866)-263-0368 or (707)-463-7992 to report the incident. Be ready to provide the following information:

Formatted: Normal, Left, No bullets or numbering
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• What type of abuse has occurred,
• Who or what caused the abuse,
• Whether the child is still in danger or is in need of medical care.

Within 36 hours of receiving the information regarding the incident, the mandated reporter must prepare a written report on a Suspected Child Abuse Report and send it by fax to the County of Mendocino at (707) 463-7908
If there is a child endangerment situation, the mandated reporter should consider calling the local police and doing so under appropriate circumstances. Immediately report your suspicions by telephone to the Ppolice Ddepartment. A mandated reporter, in addition, may report directly to Mendocino County Child Protective Services. If you believe the child may be in imminent danger, call 911.

Mandated reporters are required to give their names to the reporting agency. Non-mandated reporters may report anonymously. Child protective agencies are required to keep the mandated reporter’s name confidential, unless the mandated reporter consents to disclosure or a court orders the information be disclosed.

Mandated reporters have civil and criminal immunity when making a report. (Pen. Code §11172). No mandated reporter will be disciplined, dismissed, retaliated against, discriminated against or harassed for making an authorized mandated report of reasonably suspected child abuse or neglect.

You must also immediately notify your department Department head Head regarding your suspicions and the action you have taken in response.

Within thirty-six (36) hours of reporting your suspicions, you must complete a “Suspected Child Abuse Report.” The written report must contain all information that led you to make the oral report.

The report must be given to your department head.

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Section 18. TELECOMMUNICATION DEVICES

18.1 Applicability & Purpose: This policy and procedure applies to the use of telecommunication devices by employees, including the assignment of City cellular telephones, existing City wire line phones and other electronic computer telecommunication devices as an effective means of conducting the business of the City. Violation of this policy may result in disciplinary action except for police officers in the normal scope of their employment and duties.

18.2 Definitions
A. Existing wire line phones. Includes all City desk top phones.

B. Cellular Telephone. A wireless telephone.

C. Other electronic devices. PDA, palms and pocket PC’s.

18.3 General Policy on the Use of City Telecommunication Devices A. All City telecommunication devices, regardless of the type (cellular telephones, existing wire line phones, etc) are provided as a tool to conduct City-related business. All City employees shall use such devices in a responsible, appropriate, and safe manner. All City of Willits
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employees assigned communications equipment shall assume the responsibility to use the equipment in accordance with the provisions of this policy.

B. Toll calls outside the local service area for reasons other than official use and "900" Calls, are expressly forbidden. Employees should not place directory assisted calls unless it is an emergency. Calls to user-pay telephone numbers (e.g. "900"), collect calls or any third party access codes such as 1010 for Long Distance, other than that provided by the City, are prohibited unless absolutely necessary for purposes of contacting vendor company help lines.

C. Employees are prohibited from installing any third party equipment to City phones (e.g. caller ID devices) unless approved by the employee's supervisor in writing.

D. Employees shall comply with the City’s policy prohibiting harassment when using City telecommunication devices.

E. Employees have no expectation of privacy as to data residing in telecommunications devices and /or voice mail. The City may inspect that data at any time and without notice.

F. Employees shall protect City telecommunications devices from loss or damage.

18.4 Use of City Cellular Phones
A. City cellular telephones are issued on an as-needed basis with the approval of the Department Head.

B. City cell phones should only be used by City employees in the performance of their official duties. Personal use of City cell phones is strictly prohibited and will result in disciplinary action and reimbursement of charges for personal use.

C. Employees shall acquaint themselves with the cellular rate plan that applies to their cell phone and use best efforts to make the most economical and cost efficient use of the cellular phone. .

D. An employee assigned a City phone is responsible for its good care and will be required to reimburse the City's cost for any damage, or lost telephone due to negligence.

E. Cellular telephones are unique in that they may have charges for both in-coming and outgoing calls. In addition, local calls can still incur airtime charges if the plan minutes are exceeded. A call may be made from a cellular telephone only if it is not practical to be made at any other time with a provided desk phone. Because cellular phones have City of Willits
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additional "air time" and possible other charges, employees are expected to use a regular telephone when available.

F. Employees are prohibited from using the camera function on City cellular phones, except for work-related purposes.

G. If a cellular telephone is damaged, fails to work properly, or is stolen or lost, the employee shall notify the Department Head.

H. Employees assigned a City cell phone shall complete a Cellular Phone Use Agreement before using the cellular telephone.

18.5 Use of Cellular Phone While Operating a Vehicle
Use of a handheld cell phone while driving, in the course of conducting City official business, is prohibited except as provided by law. City employees must use a hands-free device to make calls ifIf, in the course of City official business, a City employee needs to make a call or receives a call while she/he are driving, he/she must pull over to the side of the road in a safe manner to complete the call. This includes answering a call, dialing a number, and talking on the phone.

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Personal calls from City wire line phones must be restricted to those incidental purposes outlined in this policy. Employees are authorized to make reasonable, but limited, use of City wire line phones for necessary personal calls that meet the following criteria:

The call does not adversely affect the performance of job duties by the employee.

It is of reasonable duration and frequency.

It reasonably could not have been made at another time.

Examples of circumstances that may be authorized use during regular work hours are:

Calls to home or doctor if employee is injured or becomes sick at work.

Calls to notify an employee's family or other appropriate parties to inform them of a schedule change caused by official business or transportation schedule changes or delays.

Calls within the local commuting area, which is the area from which the employee regularly commutes, when an employee is required to work overtime without advance notice. The call may be to advise family or other appropriate parties of the schedule change and to make alternate transportation arrangement or child care/dependent care arrangements.

Daily, brief calls within the local commuting area to speak to a spouse, minor children, dependent parents, or those responsible for their care.

Brief calls within local commuting area to places that can only be reached during working hours such as a local government agency, a physician's office, home or a garage for emergency repairs.

Telephone users shall make every effort to avoid using directory assistance (both local and long distance) since such calls result in charges to the City. Collect calls shall not be accepted unless from a Public Official, or call is deemed an emergency. An employee must advise his or her supervisor in writing of the need to accept a collect call. Departments that frequently need to make calls to other calling areas should purchase and keep the appropriate telephone directory on hand.

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18.7 Use of Personal Cell Phones
Employees are required to limit personal cell phone usage during working hours to breaks or lunch periods. Usage outside of the break and lunch periods should be minimal and must follow the guidelines in this Policy.

Personal cell phones must be in silent or vibrating mode and must not be disruptive to co- workers.

Employees are prohibited from using the camera function on personal cellular phones in the workplace.

The above policy does not apply to employees in the normal course of their employment and duties.

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ATTACHMENT A

CITY OF WILLITS
111 E. Commercial Street, Willits, CA 95490
(707) 459-4601 ● Fax: (707) 459-1562 ● www.cityofwillits.org

ACKNOWLEDGEMENT
I hereby acknowledge receipt of a copy of the Personnel Policies & Procedures Manual of the City of Willits. I shall become familiar with the terms, benefits, policies, rules and regulations of the City of Willits, and agree to accept them as conditions for my continued employment. Any questions that I may have regarding the interpretation or application of any of the provisions of the Personnel Policies & Procedures Manual of the City of Willits will be taken up immediately with my supervisor for clarification of proper interpretation.

By: ________________________________________________
(Employee Signature)
Print Name: ________________________________________

Date: ______________________________________________
12143946.1 WI001-015

ACKNOWLEDGMENT OF MANDATED REPORTING REQUIREMENTS, RECEIPT OF TRAINING, AND

RECEIPT OF PENAL CODE STATUTES
A mandated reporter is an individual who is obligated by law to report suspected cases of child abuse and neglect. In general, any individual who, in the ordinary course of his/her employment, has contact with children is a mandated reporter. Mandated reporters include administrators and employees of a public youth center, youth recreation program, child care workers, teachers, and coaches. (Pen. Code § 11165.7).

If your job duties as an employee of the City include contact with children, you are a mandated reporter. Prior to commencing employment, and as a prerequisite of that employment, California law requires that you sign a statement to the effect that you have knowledge of the provisions of the Mandated Reporter Law and will comply with those provisions. (Pen. Code § 11166.5).

The following are your mandated reporter responsibilities under California law. The provisions of CANRA may be viewed at: http://leginfo.legislature.ca.gov/faces/codes.xhtm l (specify "Penal Code" and search for sections 11164-11174.3). You are also being provided with the attached document that includes the text of the California Mandated Reporter Law statutes. Please review this information carefully and acknowledge your receipt and understanding where indicated. If you have questions or concerns about this form or your mandated reporter responsibilities, please contact Karen Stevenson, Human Resources Manager at (707) 459-7176
I understand that:
• By virtue of my employment with the City and/or because my employment requires me to have contact with children, I am a mandated reporter as defined by California Penal Code § 11165.7.
• Knowledge or reasonable suspicion of the following must be reported:
o Physical abuse: Physical injury inflicted by other than accidental means on a child (Cal.

Pen. Code § 11165.6) or unlawful corporal punishment or injury willfully inflicted upon a child and resulting in a traumatic condition (Cal. Pen. Code § 11165.4) o Sexual abuse: Sexual assault, child exploitation, pornography, child prostitution, sexual activity involving minors and trafficking (Cal. Pen. Code § 11165.1) o Severe or General Neglect: The negligent treatment, lack of treatment, or the maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare (Cal.

Pen. Code § 11165.2). This includes circumstances where the child is at substantial risk of suffering serious physical harm or illness. General neglect does not include a parent's economic disadvantage.
o The willful harming, injuring, or endangering of a child -- meaning a situation in which any person inflicts, or willfully causes or permits a child to suffer, unjustifiable physical pain or mental suffering, or causes or permits a child to be placed in a situation in which the child or child's health is endangered -- must be reported (Cal. Pen. Code § 11165.3) • Knowledge or reasonable suspicion of the following may be reported, but is not mandated:
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o Emotional Abuse: A child suffering serious emotional damage or being at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward himself or herself or others (Cal. Pen. Code 11166.05)
• If I reasonably suspect that a child is being abused or neglected, I must o IMMEDIATELY REPORT THE INCIDENT TO A CHILD PROTECTIVE AGENCY (LAW

ENFORCEMENT OR THE DEPARTMENT OF CHILDREN'S SERVICES) BY TELEPHONE, CHILD ABUSE HOTLINE TELEPHONE NUMBER: the Mendocino County Child Abuse Hotline at 1-(866)-263-0368 or (707)-463-7992.
o FOLLOW UP WITH A WRITTEN REPORT OF THE INCIDENT WITHIN 36 HOURS. This report may be made to local law enforcement, or the County Sheriff's Department, Probation Department or Child Welfare Agency. (Pen. Code § 11166(a)). o If I reasonably suspect that a child is being abused, I may consult with my supervisor or management. My supervisor and I may agree to file a joint report, but I understand that, even if my supervisor disagrees with me that a mandated report should be filed, if I reasonably suspect that a child is being abused, I must make a report. (Pen. Code § 11166(h).)
• When I make a mandated report, I will be required to provide my name. However, my identity will be kept confidential unless I consent to disclosure or a court orders the information to be disclosed. Further, agencies investigating the mandated report may disclose my identity to one another. (Pen. Code § 11167(d)).
• I may not be disciplined, dismissed, retaliated against, discriminated against, or harassed for making a mandated report of reasonably suspected child abuse. However, I may be disciplined if I fail to make a mandated report.
• I understand that mandated reporters as defined by the Mandated Reporter Law have civil and criminal immunity when making a report. (Pen. Code § 11172(a)). I further understand that reporters who are not mandated reporters as defined by the Mandated Reporter Law have civil and criminal immunity when making a report, unless it can be proven that a false report was made and the reporter knew that the report was false or made the report with reckless disregard for the truth or falsity of the report. (Pen. Code § 11172(a)). • I understand that, for Mandated Reporters as defined by the Mandated Reporter Law, it is a misdemeanor to fail to comply with the Mandated Reporting Law and that they can be held criminally liable for failing to report suspected abuse. The penalty for this is up to six months in County jail, a fine of not more than $1000, or both. I further understand that Mandated Reporters as defined by the Mandated Reporter Law could be civilly liable for failure to report. (Pen. Code § 11166(c)).
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I have been provided with access to a copy of California Penal Code sections 11165.7, 11166, and 11167. (Penal Code § 11166.5(a)). I understand that I am a legally Mandated Reporter. I am aware of and understand my responsibilities under the Mandated Reporter laws of this state and am willing and able to comply. I understand that a copy of this Acknowledgement will be kept in my personnel file.
___________________________ ___________________________ Name (Signature) Date
___________________________
Name (Print)
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Mandated Reporter Information and
California Penal Code Sections 11165.7, 11166, 11167
11165.7.
(a) As used in this article, “mandated reporter” is defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher’s aide or teacher’s assistant employed by a public or private school. (4) A classified employee of a public school.
(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency. (9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis. (10) A licensee, an administrator, or an employee of a licensed community care or child daycare facility. (11) A Head Start program teacher.

Mandated Reporter Information
 Reasonably suspected child abuse must be immediately reported to local law enforcement, or the County Sheriff’s Department, Probation Department or Child Welfare Agency.
 Child Abuse 24-Hour Reporting Hotline: the Mendocino County Child Abuse Hotline at 1-(866)-263-0368 or (707)-463-7992
 A telephone report must be followed up with a written report within 36 hours.  You may request a copy of the Mandated Reporter form from the Human Resources Manager or download one, free of charge, online from the California Attorney General at: https://oag.ca.gov/childabuse/forms  If you have questions, you may contact Karen Stevenson at: (707) 459-7176 12143946.1 WI001-015
(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities. (15) A social worker, probation officer, or parole officer. (16) An employee of a school district police or security department. (17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor. (19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code. (22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division

2.5 (commencing with Section 1797) of the Health and Safety Code. (23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code. (24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner or other person who performs autopsies. (29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, 12143946.1 WI001-015
photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency. (30) A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law. (31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A) “Animal control officer” means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations. (B) “Humane society officer” means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34) An employee of any police department, county sheriff’s department, county probation department, or county welfare department.
(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36) A custodial officer, as defined in Section 831.5.
(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect. (39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.
(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a 12143946.1 WI001-015
regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive. (43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code. (B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172. (44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions. (45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.
(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code. (47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.
(48) A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a “human resource employee” is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code.
(49) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors’ duties in the workplace of a business subject to Part 2.8 (commencing with 12143946.1 WI001-015
Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the person’s duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter. (b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c) (1) Except as provided in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article.

This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5. (2) Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services. (d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility. (2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
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(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
(Amended by Stats. 2020, Ch. 243, Sec. 1. (AB 1963) Effective January 1, 2021.) 11166.
(a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in the mandated reporter’s professional capacity or within the scope of the mandated reporter’s employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident. (1) For purposes of this article, “reasonable suspicion” means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on the person’s training and experience, to suspect child abuse or neglect. “Reasonable suspicion” does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any “reasonable suspicion” is sufficient.

For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified, and a report shall be prepared and sent by fax or electronic transmission, even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy. (3) A report made by a mandated reporter pursuant to this section shall be known as a mandated report.
(b) If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, the mandated reporter shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which the mandated reporter filed the report. A mandated reporter who files a one-time automated written report because the mandated reporter was unable to submit an initial report by telephone is not required to submit a written followup report.
(1) The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated 12143946.1 WI001-015
written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the statewide child welfare information system. The department shall work with stakeholders to modify reporting forms and the statewide child welfare information system as is necessary to accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the statewide child welfare information system is updated to capture the information prescribed in this subdivision. (3) This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first.
(4) This section does not supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required.
(c) A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals the mandated reporter’s failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense. (d) (1) A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, “penitential communication” means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of the clergy member’s church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of the clergy member’s church, denomination, or organization, has a duty to keep those communications secret. (2) This subdivision does not modify or limit a clergy member’s duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in the clergy member’s professional capacity or within the scope of the clergy member’s employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.
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(B) This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.
(C) The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.
(e) (1) A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of that person’s professional capacity or employment, any film, photograph, videotape, negative, slide, or any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computergenerated equipment, or computer-generated image depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of reasonably suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy of the image or material attached.
(2) A commercial computer technician who has knowledge of or observes, within the scope of the technician’s professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of reasonably suspected abuse to the law enforcement agency located in the county in which the images or materials are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials.
(3) For purposes of this article, “commercial computer technician” includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7. (4) As used in this subdivision, “electronic medium” includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5) As used in this subdivision, “sexual conduct” means any of the following:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals. 12143946.1 WI001-015
(B) Penetration of the vagina or rectum by any object.
(C) Masturbation for the purpose of sexual stimulation of the viewer. (D) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer. (E) Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, the mandated reporter makes a report of the abuse or neglect pursuant to subdivision (a).
(g) Any other person who has knowledge of or observes a child whom the person knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, “any other person” includes a mandated reporter who acts in the person’s private capacity and not in the person’s professional capacity or within the scope of the person’s employment. (h) When two or more persons, who are required to report, jointly have knowledge of a known or reasonably suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. (i) (1) The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. An internal policy shall not direct an employee to allow the employee’s supervisor to file or process a mandated report under any circumstances.
(2) The internal procedures shall not require any employee required to make reports pursuant to this article to disclose the employee’s identity to the employer. (3) Reporting the information regarding knowledge of or reasonably suspected child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9. (j) (1) A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorney’s office every known or reasonably suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within 12143946.1 WI001-015
subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to the parent’s substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send by fax or electronic transmission a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(2) A county probation or welfare department shall immediately, and in no case in more than 24 hours, report to the law enforcement agency having jurisdiction over the case after receiving information that a child or youth who is receiving child welfare services has been identified as the victim of commercial sexual exploitation, as defined in subdivision (d) of Section 11165.1. (3) When a child or youth who is receiving child welfare services and who is reasonably believed to be the victim of, or is at risk of being the victim of, commercial sexual exploitation, as defined in Section 11165.1, is missing or has been abducted, the county probation or welfare department shall immediately, or in no case later than 24 hours from receipt of the information, report the incident to the appropriate law enforcement authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children. (k) A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorney’s office every known or reasonably suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or reasonably suspected instance of child abuse or neglect reported to it that is alleged to have occurred as a result of the action of a person responsible for the child’s welfare, or as the result of the failure of a person responsible for the child’s welfare to adequately protect the minor from abuse when the person responsible for the child’s welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send by fax or electronic transmission a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision. (Amended by Stats. 2022, Ch. 770, Sec. 2. (AB 2085) Effective January 1, 2023.) 11167.
(a) Reports of known or reasonably suspected child abuse or neglect pursuant to Section 11166 or Section 11166.05 shall include the name, business address, and telephone number of the mandated reporter; the capacity that makes the person a mandated reporter; and the information that gave rise to the knowledge or reasonable suspicion of child abuse or neglect and the source or sources of that information. If a report is made, the following information, if known, shall also be included in the report:
the child’s name, address, present location, and, if applicable, school, grade, and class; the names, addresses, and telephone numbers of the child’s parents or guardians; and the name, address, 12143946.1 WI001-015
telephone number, and other relevant personal information about the person or persons who the mandated reporter knows or reasonably suspects to have abused or neglected the child. The mandated reporter shall make a report even if some of this information is not known or is uncertain to them. (b) Information relevant to the incident of child abuse or neglect and information relevant to a report made pursuant to Section 11166.05 may be given to an investigator from an agency that is investigating the known or suspected case of child abuse or neglect.
(c) Information relevant to the incident of child abuse or neglect, including the investigation report and other pertinent materials, and information relevant to a report made pursuant to Section 11166.05 may be given to the licensing agency when it is investigating a known or suspected case of child abuse or neglect.
(d) (1) The identity of all persons who report under this article shall be confidential and disclosed only among agencies receiving or investigating mandated reports, to the prosecutor in a criminal prosecution or in an action initiated under Section 602 of the Welfare and Institutions Code arising from alleged child abuse, or to counsel appointed pursuant to subdivision (c) of Section 317 of the Welfare and Institutions Code, or to the county counsel or prosecutor in a proceeding under Part 4 (commencing with Section 7800) of Division 12 of the Family Code or Section 300 of the Welfare and Institutions Code, or to a licensing agency when abuse or neglect in out-of-home care is reasonably suspected, or when those persons waive confidentiality, or by court order.
(2) No agency or person listed in this subdivision shall disclose the identity of any person who reports under this article to that person’s employer, except with the employee’s consent or by court order. (e) Notwithstanding the confidentiality requirements of this section, a representative of a child protective services agency performing an investigation that results from a report of reasonably suspected child abuse or neglect made pursuant to Section 11166 or Section 11166.05, at the time of the initial contact with the individual who is subject to the investigation, shall advise the individual of the complaints or allegations against them, in a manner that is consistent with laws protecting the identity of the reporter under this article.
(f) Persons who may report pursuant to subdivision (g) of Section 11166 are not required to include their names.
(Amended by Stats. 2022, Ch. 770, Sec. 3. (AB 2085) Effective January 1, 2023.) Resolution No. 2023-__ Page 1 of 1 September ___, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING THE REVISED PERSONNEL, POLICIES AND PROCEDURES MANUAL.

WHEREAS, the City Council has previously adopted by Resolution a Personnel Policies and Procedures Manual and various amendments thereto; and WHEREAS, the City of Willits is firmly committed to the principles of fairness and merit in personnel administration and conformity with state and federal employment laws and, as a result, finds it necessary to update the provisions of its Personnel Policed and Procedures Manual from time to time; and
WHEREAS, such amendments have been incorporated within the Personnel Policies and Procedures Manual.

NOW, THEREFORE, BE IT RESOLVED that the Personnel Policies and Procedures Manual originally adopted by Resolution 85-27 and subsequently amended by Resolutions 87- 36, 96-30 and 18-33 is hereby repealed in its entirety and the amended Personnel Policies and Procedures Manual incorporated herein by reference is hereby adopted by the City Council of the City of Willits and attached hereto as Exhibit A.

AYES:

NOES:

ABSENT:

ATTEST:
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GRETA KANNE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk

Willits City CouncilSeptember 13, 2023

Willits City Council
September 13, 2023