Agenda — Willits City Council, May 13, 2026 (part 1 of 3)

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
MAY 13, 2026 | 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 input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on the agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

3. PUBLIC MATTERS

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. April 22, 2026
b. Possible Adoption of a Resolution Approving a Catastrophic Leave Bank Policy. c. Adoption of a Resolution Approving Amendments to the City’s Personnel Policies and Procedures Manual.
d. Adoption of Resolution Approving the Side Letter Agreement between the City of Willits and the International Brotherhood of Electrical Workers, Local 1245 (IBEW), Extending the Term of the Current Memorandum of Understanding (MOU) Through September 31, 2026, and Authorizing the Mayor to Sign the Successor MOU Reflecting the Terms. e. Adoption of Resolution Approving the Side Letter Agreement Between the City of Willits and the Willits Police Officers Association (WPOA) Extending the Term of the Current Memorandum of Understanding (MOU) through December 31, 2026, and Authorizing the Mayor to Sign the Successor MOU Reflecting the Terms.

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. Accounts Payable Activity Report: April 2026.

Willits City Council Agenda – May 13, 2026

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b. Building Permit Activity Report: April 2026.
c. Business License Activity Report: April 2026.

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. Verbal Reports – No Action.
i.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Discussion and Consideration of Adoption of a Resolution Establishing a Downtown Entertainment Zone.

Presenting staff member: Connor Stack, City Planner.

10. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS

11. GOOD & WELFARE

12. CLOSED SESSION NOTICE
a. Pursuant to Government Code §54957 – Consideration and Possible Appointment of an Interim City Manager.

13. 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 May, 2026.

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) 459-7113 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, APRIL 22, 2026
Mayor Allman 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 Gerardo Gonzalez, Larry Stranske, Bruce Burton, Vice Mayor Matthew Alaniz and Mayor Tom Allman were present.

Also, present were staff members: Rod Wilburn, Interim City Manager; Jim Lance, City Attorney; Dusty Duley, Community Development Director; Manuel Orozco, Finance Director; Davey Bowles, Building Official; Walter Kolon, Services and Facilities Director; Scott Herman, Utilities Superintendent; Kate Reitzel, Human Resources Analyst; Connor Stack, City Planner; Brian Fay, Police Chief; and Delores Pedersen, City Clerk.

2. Public Communications
 None presented

3. Public Matters
a. Proclamation Recognizing National Nutrition Month – March.

Mayor Allman Read the Proclamation Recognizing National Nutrition Month.

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. April 8, 2026.
 Council Member Gonzalez pointed out the misspelling of Andy Heath's name on Item 6a in the April 8, 2026 minutes. Delores Pedersen, City Clerk, will make the correction. Comments are available to view on YouTube starting at timestamp 3:11.

Moved by Gonzalez/Seconded by Alaniz and carried 4/1 with Council Member Burton Abstaining to approve Consent Calendar item(s) (a).
b. Discussion and Possible Adoption of Resolution Approving a Catastrophic Leave Bank Policy.
 Item pulled and will not be discussed at this meeting.

Willits City Council Minutes of April 22, 2026 Page 2 of 5  Items 5b & 5c pulled for further discussion by Vice Mayor Alaniz. c. Approve Contract with RW Consulting to Facilitate Wastewater Negotiations Between the City of Willits and Brooktrails Community Services District.  Vice Mayor Alaniz expressed concern; all comments are available to view on YouTube starting at timestamp 4:14.
 Vice Mayor proposed to have the item delayed until any conflicts of interest are cleared.

Public Comment:
 Nicole Caldwell provided public comment; the full comment is available on YouTube at timestamp 19:53.
 Helen Sims provided public comment; the full comment is available on YouTube at timestamp 21:18.

Moved by Alaniz/Seconded by Stranske and carried unanimously to waive a response until the City receives a written response from the Fair Political Practice Commission (FPPC) of whether or not there is a conflict of interest for Vice Mayor Alaniz to participate in discussions involving the Sewer Plant Negotiations with Brooktrails. d. Approve an Agreement for Human Resources Services with Muchmore Than Consulting and Authorize the Interim City Manager to Execute the Agreement.  Vice Mayor Alaniz expressed concern; all comments are available to view on YouTube starting at timestamp 28:02.
 Council member Gonzalez commented: all comments are available to view on YouTube starting at timestamp 30:23.
 Mayor Allman commented: The full comments are available to view on YouTube at timestamp 34:31.

Public Comment:
 Nicole Caldwell provided public comment; the full comment is available on YouTube at timestamp 37:17.

Moved by Gonzalez/Seconded by Stranske and carried 4/1 with Vice Mayor Alaniz dissenting to approve Consent Calendar item(s) (d).

6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. Building Activity Report March 2026
b. Business License Activity Report March 2026
Public Comment: None presented.

7. Commissions, Agencies, and Authorities
None presented.

8. City Manager Reports and Recommendations+
a. Verbal Reports – No Action.
 Interim City Manager Roberts provided a verbal report; the full comment is available to view on YouTube at timestamp 48:32.
 Bob Richardson, Interim City Manager; Provided Cash Balances Report to Council:

Savings Bank of Mendocino County
Willits City Council Minutes of April 22, 2026 Page 3 of 5 Account Amount
Main Account $3,392,794.86
Payroll Account 292,482.09
Savings Account 33,138,.13
$3,718,415.08
LAIF Balance $ 563,807.12
US Bank Balance $2,375,011.32
Processor Accounts
Xpress Bill Pay $ 213,482.48
Pathpoint 485,650.53
$ 699,133.01
Total Citywide Accounts $7,356,366,.53
Public Comment: None presented.

9. Department Recommendations (Action Items)
a. Consideration of a Request that the City of Willits Vacate an Undeveloped Alley Approximately 14 Feet Wide and 180 Feet Long, Oriented East–West, that was Originally Established as Part of the Oak Park Addition Subdivision in 1902.  Mayor Allman commented on the item; the full comment is available to view on YouTube at timestamp 1:14.
 Council member Burton recused himself due to a conflict of interest.  Dusty Duley, Community & Economic Development Director, provided information and a PowerPoint presentation; the full comment is available to view on YouTube at timestamp 1:06:36.

Public Comment:
 Nicole Caldwell provided public comment; the full comment is available on YouTube at timestamp 1:24:23.
 Omaya Sizemore provided public comment; the full comment is available on YouTube at timestamp 1:26:08.
 George Dudley provided public comment; the full comment is available on YouTube at timestamp 1:30:44.
 Ken Sizemore provided public comment; the full comment is available on YouTube at timestamp 1:33:14.
 Amy Grooms provided public comment; the full comment is available on YouTube at timestamp 1:34:51.
 Nicolas Casagrande provided public comment; the full comment is available on YouTube at timestamp 1:37:42.
 Stephanie provided public comment; the full comment is available on YouTube at timestamp 1:41:53.
 Basima Sizemore provided public comment; the full comment is available on YouTube at timestamp 1:42:47.
 Mark Walker provided public comment; the full comment is available on YouTube at timestamp 1:43:28.
 Vice Mayor Alaniz’s full comments are available on YouTube at timestamp 1:45:53.

Willits City Council Minutes of April 22, 2026 Page 4 of 5 Moved by Stranske/Seconded by Gonzalez and carried 3/1 with Vice Mayor Alaniz dissenting and Council Member Burton recused to adopt Resolution No. 2026-02 approving the vacation of an approximately 14-foot-wide alley rightof-way established by the 1902 Oak Park Addition Subdivision Map. b. Cal Fire Cooperative Agreement/License, Improvement and Maintenance of Firco Rd. and Ells Field Airport.
 Davey Bowles, Building Official and Public Works Director, presented the item; full comments are available on YouTube at timestamp 1:53:33.

Public Comment:
 John Hashchak, 3rd District Supervisor, provided public comment; the full comment is available on YouTube at timestamp 1:57:15.

Moved by Burton/Seconded by Alaniz and carried unanimously to adopt Resolution No. 2026-02

10. Department Monthly Reports – (presented at the second meeting of each month). a. Airport. - nothing further to add.
b. Community Development.
 Dusty Duley reported that the Willits Farmers Market will be moving back to Sider Park on April 30th. Full Comments may be seen on YouTube at timestamp 2:00:21.  Dusty Duley reported that staff would be bringing forward a resolution to establish the Downtown Entertainment Zone at the May 6th City Council Meeting. Full Comments may be seen on YouTube at timestamp 2:00:30.
 Dusty Duley reported that the Willits Pool Schedule has been established. Full comments may be seen on YouTube at timestamp 2:00:44.
c. Finance- nothing further to add.
d. Police Department - nothing further to add.
e. Services & Facilities
 Davey Bowles provided an update on the Solar Project at the Athletic Fields. Full Comments may be seen on YouTube at timestamp 2:01:53.
f. Utilities. - nothing further to add.

10. City Council Announcements, Communications, and Reports Councilmember Gonzalez
 Bi-Monthly Chamber of Commerce Meeting
Representatives of the Chamber gave a report of Chamber Activities. They will also be preparing a Budget to present to Council.

Councilmember Stranske
 Reports that the Bikes and Scooters being ridden on the Main Street sidewalks has reduced.

Vice Mayor Alaniz
 Finance Committee – Meets on April 23, 2026, 4:00 pm.

Public Comment: None presented.

No action taken.

11. Good & Welfare
None presented.

Willits City Council Minutes of April 22, 2026 Page 5 of 5

12. Closed Session Notice
None presented.

13. Adjournment
Mayor Allman declared the meeting adjourned at 8:39 p.m.

For more information on the April 22, 2026 Willits City Council Meeting please view the recording on YouTube.
_____________________________
Tom Allman, Mayor
City Council for the City of Willits
ATTEST:
__________________________

DELORES PEDERSEN
City Clerk
Item No. 5b
Meeting Date: May 13, 2026

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Deborah Muchmore, Contracted HR Consultant
Agenda Title: POSSIBLE ADOPTION OF A RESOLUTION APPROVING A CATASTROPHIC LEAVE BANK POLICY.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.

Summary of Request: The proposed Catastrophic Leave Policy establishes a formal framework that allows City employees to voluntarily donate accrued leave to a coworker who has exhausted their own leave due to a serious illness, injury, or other qualifying catastrophic event. The City does not currently have a formally adopted Catastrophic Leave Bank Policy. The Catastrophic Leave Policy the City has is a direct donation, which is no longer compliant with IRS regulations. Adoption of this policy establishes a clear framework for eligibility, administration, and safeguards for voluntary leave donations in the future. Adoption of this policy provides clarity, consistency, and transparency for employees and administration while ensuring appropriate internal controls and compliance with existing personnel rules.

Recommended Action: Adopt the resolution approving the Catastrophic Leave Bank Policy, establishing a clear, compliant, and consistent framework to address rare catastrophic circumstances with appropriate administrative oversight and safeguards. (Recommended)
Alternative(s): Take no action currently and continue with a non-compliant Catastrophic Leave Policy, with the option to consider incorporating such a policy into the City’s master Personnel Rules and Regulations at a future date.

Fiscal Impact: Take no action currently and continue with a non-compliant Catastrophic Leave Policy, with the option to consider incorporating such a policy into the City’s master Personnel Rules and Regulations at a future date.

Personnel Impact: None.

Identified City Council Conflict of Interest: None.

California Environmental Quality Act: Does not apply.

This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: Interim City Manager City Attorney City Clerk Finance Director Human Resources Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________

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CITY OF WILLITS CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: May 13, 2026
To: Honorable Mayor and Members of the City Council
From: Robert Richardson, Interim City Manager
Deborah Muchmore, Human Resources Advisor, MTC
Agenda Title: Adoption of Resolution Approving a Catastrophic Leave Bank Policy.

ACTION REQUESTED:

This item is to request that the City Council consider and adopt a Resolution Approving A Catastrophic Leave Bank Policy.

EXECUTIVE SUMMARY:

The proposed Catastrophic Leave Policy establishes a formal framework that allows City employees to voluntarily donate accrued leave to the catastrophic leave bank and provides a means by which employees can request donations of leave, who have suffered a catastrophic medical event or illness and who have exhausted their own leave due to a serious illness, injury, or other qualifying catastrophic event.

The City’s current Catastrophic Leave Policy allows direct donations from employee to employee, which is no longer compliant with IRS regulations. Adoption of this policy establishes a clear framework for eligibility, administration, and safeguards to allow voluntary leave donations in the future. Adoption of this policy provides clarity, consistency, and transparency for employees and administration while ensuring appropriate internal controls and compliance with existing personnel rules.

BACKGROUND:

Catastrophic events, such as serious illness or injury, may require an employee to be absent from work for an extended period. In limited circumstances, employees may exhaust all available paid leave and may not qualify for short-term disability or other benefits.

The City has an existing policy that this policy would supersede. The current policy does not comply with IRS requirements and, under current IRS regulations, makes the donor responsible for the tax on the transferred leave, under the IRS doctrine of constructive receipt. This means that an employee donating leave to another employee will pay several hundred dollars in taxes on the leave in the pay period in which the donation occurs.

DISCUSSION:

The proposed Catastrophic Leave Bank Policy:

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• Establishes clear eligibility criteria for recipients and donors • Confirms that leave donations are strictly voluntary
• Limits donations to specified leave types to protect donor employees • Provides an administrative review and approval process • Aligns with existing Personnel Rules, MOUs, IRS regulations, and applicable labor laws Formal adoption ensures consistent administration across departments and participating labor organizations and provides employees with a clear, equitable process during times of significant personal hardship. In developing this voluntary policy, staff offered to meet and confer with the City’s bargaining units. The proposed policy defines eligibility, outlines administrative oversight, and establishes safeguards to ensure the consistent and equitable application of catastrophic leave donations. The policy does not create entitlement or expand leave benefits; instead, it establishes an orderly and transparent process that balances compassion with fiscal and operational responsibility.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of the Catastrophic Leave Bank Policy. Leave donations consist of existing accrued leave voluntarily transferred between employees and do not create additional City liability beyond normal payroll staff processing costs. The policy does not increase leave accruals or authorize additional compensation.

COMMUNITY OUTREACH:

This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. The City has also used social media to promote and advertise the City Council Meeting Agenda Items.

As of the writing of this agenda item report, the City has not received any public comment. However, if staff receive public comment from interested parties following the publication and distribution of this agenda item report, such comments will be provided to the City Council as supplemental materials before or at the meeting.

OPTIONS:

1. Adopt the resolution approving the Catastrophic Leave Bank Policy, establishing a clear, compliant, and consistent framework to address rare catastrophic circumstances with appropriate administrative oversight and safeguards. (Recommended).

2. Take no action currently and continue with a non-compliant Catastrophic Leave Policy.

3. Take no action currently and continue with a non-compliant Catastrophic Leave Policy, with the option to consider incorporating such a policy into the City’s master Personnel Rules and Regulations at a future date.

ATTACHMENTS:

1. Catastrophic Leave Policy

2. Catastrophic Leave Donation Form

3. Catastrophic Leave Request Form

4. Resolution
City of Willits
Voluntary Catastrophic Leave Bank Policy & Procedures
(IRS-Compliant Version — Medical Emergency Only)
Purpose
This policy establishes a voluntary Catastrophic Leave Bank in accordance with IRS guidance on medical emergency leave-sharing plans and supersedes all previous Catastrophic Leave Policies. All previous Catastrophic Leave Policies are abolished.

The bank allows employees to donate accrued vacation, compensatory time off (CTO), floating holiday, or sick leave for use by eligible employees who experience a medical emergency resulting in prolonged absence and substantial income loss after exhausting paid leave.

A medical emergency may involve the employee or an eligible family member.

Policy
The City maintains an employer-administered leave bank. Donations are made to the bank and not to specific individuals. Donors may not designate a recipient.

Donors do not realize income and may not claim a tax deduction for donated leave.

Recipients are paid at their normal rate, and such payments are taxable wages to the recipient.

Only medical emergencies qualify under this plan. Bereavement (death of a family member) is excluded to maintain IRS compliance.

Voluntary Catastrophic Leave Bank Policy and Procedures 2 This policy does not alter any City policies regarding vacation, CTO, holidays or holiday pay, sick leave, or FMLA/CFRA, or any legally mandated state or federal leave.

The City will maintain the confidentiality of medical information in a manner consistent with the law.

Procedures

1. Donation Criteria / Eligibility to Donate
• Regular employees who have completed their initial probationary period may donate accrued vacation, CTO, floating holiday leave, or sick leave in full-hour increments to the Leave Bank.
• Donors can donate up to 40 hours of sick leave each calendar year; other leave donations are unlimited, except donors must retain at least 40 hours of the specific donated accrued leave after donation.
• Total leave donated in a calendar year shall not exceed what the employee normally accrues in that year.
• Donor leave is converted to dollars at the donor’s base hourly rate when deposited; awards are drawn at the recipient’s base hourly rate.
• Donors may not claim an expense, tax deduction, or charitable contribution for donated leave.
• Donated leave may be used only for medical emergencies and may not be converted to cash by the recipient.
• Donors may not designate or suggest a specific recipient.

2. Eligibility Criteria for Recipients
• Employees must have completed their initial probationary period. • A Request for Leave Donation Form must be submitted with required documentation. • All available paid leave must be exhausted prior to use of catastrophic leave. • The condition must meet the definition of a medical emergency involving the employee or an eligible family member.
• Employees must have been off work for at least 30 calendar days due to the qualifying medical condition.
• Leave received may not be converted to cash.
• Unused donated leave must be returned to the Leave Bank.

3. Approval Process and Time Frames
• Administrative Services reviews all applications for eligibility; the City Manager approves or denies requests.
• Approved leave is generally granted in 40-hour increments, up to a maximum of 180 hours per qualifying event.
• When requests exceed available bank balances, the City Manager may allocate available leave equitably in amounts less than the standard increment.

Voluntary Catastrophic Leave Bank Policy and Procedures 3 • Applicants will receive written notice of approval or denial within 10 calendar days of their request
• Applicants who disagree with the written approval or denial provided to them by the City Manager may appeal to the City Manager for an explanation of how the decision was made. Within seven calendar days of receiving the explanation, the employee may submit a statement or request for reconsideration and may enlist a representative to assist them in preparing a reply. In such cases, the City Manager will make a final determination, and the City will reply to the employee with a final written decision within 10 calendar days of receiving the written statement or rebuttal. The final written response to the request for reconsideration shall be final and not grievable.

Termination of Catastrophic Leave
• The employee returns to work and is no longer in need of intermittent or other leave related to the same event or illness.
• The approved leave of absence ends.
• The employee separates from City employment.
• The Leave Bank has insufficient funds.
• Fraudulent use is uncovered.

Definitions
• Medical Emergency: A medical condition of the employee or eligible family member that requires prolonged absence and results in substantial income loss after exhaustion of paid leave.
• Donor Employee: An employee who donates accrued leave to the Catastrophic Leave Bank and meets donation requirements.
• Leave Recipient: An employee approved to receive catastrophic leave from the Leave Bank.

References
IRS Revenue Ruling 90-29 (medical emergency leave-sharing plan).

CITY OF WILLITS

CATASTROPHIC LEAVE DONATION FORM
Instruc�ons:
• Dona�ons must be made in full hour increments.
• Donor employee can donate leave up to once each quarter. • Donated leave will be credited to the Catastrophic Leave Bank.

Please refer to the Catastrophic Leave Bank Policy for complete details of the program.

Employee Name:

Department/Division:

Employee Title:

Primary Phone Number:

I wish to donate hours from the following selected category/categories. I will have 40 hours remaining in each donated type of leave for my own needs and protection.

Employee Statement.

I understand that par�cipa�on in the catastrophic leave program is voluntary, and the hours I donate will be transferred to the leave bank. I also understand that I must maintain a balance of at least 40 hours of leave after the donation and the donated hours will be deducted from my leave balances once transferred to the leave bank has been completed.

Employee’s Signature: Date:

TO BE COMPLETED BY THE OFFICE OF ADMINISTRATIVE SERVICES Hours Received: Hours Approved: Hours not approved:

Admin Services Signature: Date:

Vaca�on leave hours (Indicate number of hours):

Compensatory �me off hours (Indicate number of hours):

Sick Leave Hours (Indicate number of hours):

Floating Holiday Hours (Indicate number of hours):

CITY OF WILLITS

CATASTROPHIC LEAVE REQUEST FORM
Please refer to the Catastrophic Leave Policy for complete details of the program.

Employee Name:

Department/Division:

Employee Title:

Primary Phone Number:

Description of catastrophic event or need for leave:

Employee Statement.

I understand that par�cipa�on in the catastrophic leave program is voluntary, and the hours I receive will be transferred to me my leave bank based on the prevailing policy and the balance available in the leave bank. I also understand that I when I return from leave or when my catastrophic need has ended, any unused hours must be returned to the leave bank.

Employee’s Signature: Date:

TO BE COMPLETED BY THE OFFICE OF ADMINISTRATIVE SERVICES Approved: Denied: Reduced:

City Manager Signature: Date:

Check if leave is for you, personally Check if leave is for a family member Requested Start Date: Expected Duration:

Notes:

Admin Services Signature
Resolution No. 2026-__ May 13, 2026

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RESOLUTION NO: 2026-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING A CATASTROPHIC LEAVE BANK POLICY.

WHEREAS, the City of Willits’ Catastrophic Leave Policy is out of compliance with IRS Revenue Ruling 90-29; and
WHEREAS, the City desires to offer a bona fide leave-sharing plan for employees; and WHEREAS, the City has developed a compliant catastrophic leave bank policy through which employees may donate leave balance to the City’s Leave Bank for transfer to employees who qualify as recipients under the policy; and
WHEREAS, City staff has provided this voluntary policy to labor unions and offered to meet and confer in good faith; and
WHEREAS, the Policy is included hereto as Attachment A.

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 hereby adopts this Resolution and approves the City’s Catastrophic Leave Bank Policy, included hereto as Exhibit A: Catastrophic Leave Bank Policy. This policy supersedes all prior Catastrophic Leave Policies.

CEQA. The adoption of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq. (“CEQA”) and 14 Cal. Code Reg. §§ 15000 et seq. (“CEQA Guidelines”).

CERTIFICATION. The City Clerk of the City of Willits shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.

SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Resolution or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons and circumstances. The City Council of the City of Willits hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

Resolution No. 2026-__ May 13, 2026

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EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by a unanimous vote.

PASSED, APPROVED AND ADOPTED, this 13th day of May, 2026

THE CITY OF WILLITS
______________________________
Tom Allman, Mayor
ATTEST:

I, Delores Pedersen, City Clerk of the City of Willits, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Willits, California, at its regular meeting held on the 13th day of May 2026, by the following vote:

AYES:

NOES:

ABSENT:
______________________________
Delores Pedersen, City Clerk
Item No. 5c
Meeting Date: May 13, 2026

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Deborah Muchmore, Contracted HR Consultant
Agenda Title: ADOPTION OF A RESOLUTION APPROVING AMENDMENTS TO THE CITY’S PERSONNEL POLICIES AND PROCEDURES MANUAL.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.

Summary of Request: Reviewing the City’s personnel policies and procedures at least annually to ensure legal compliance and alignment with program changes is a best practice. While there are additional changes that should be made to the City’s Personnel Policies and Procedures to align with the recent reorganization and other legislative changes, this item seeks to change only those items addressed during the City’s most recent meet-and-confer and negotiation session. This item increases California Paid Sick Leave to 40 hours and 5 days, adds “except when prohibited by law” to the requirement to require the use of paid leave when on a protected medical leave, and removes the former “outside work prohibition” with a standard incompatible outside work activities policy. These changes have been discussed with the City’s labor organizations, honoring meet-and-confer obligations and discussions and intent under recent tentative labor agreements, and aligning the policies with changes to sick leave laws. Staff will continue to update the policies and procedures, meet with the labor groups regarding impacts, and return to Council with additional changes in the future.

Recommended Action: City Council consider and adopt a Resolution Approving amendments to the City’s Personnel Policies and Procedures Manual.

Alternative(s): Reject the changes and Resolution (not recommended).

Fiscal Impact: There is no fiscal impact to making the proposed changes.

Personnel Impact: None.

Identified City Council Conflict of Interest: None.

California Environmental Quality Act: Does not apply.

This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: Interim City Manager City Attorney City Clerk Finance Director Human Resources Council Action: Approved Denied Other: _________________________________ Records: Agreement Resolution #_______ Ordinance #_______ Other _______

CITY OF WILLITS CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: May 13, 2026
To: Honorable Mayor and Members of the City Council
From: Robert Richardson, Interim City Manager
Deborah Muchmore, Human Resources Advisor, MTC
Agenda Title: Adoption of a Resolution Approving Amendments to the City’s Personnel Policies and Procedures Manual.

ACTION REQUESTED:

This item is to request that the City Council consider and adopt a Resolution Approving amendments to the City’s Personnel Policies and Procedures Manual.

EXECUTIVE SUMMARY:

Reviewing the City’s personnel policies and procedures at least annually to ensure legal compliance and alignment with program changes is a best practice. While there are additional changes that should be made to the City’s Personnel Policies and Procedures to align with the recent reorganization and other legislative changes, this item seeks to change only those items addressed during the City’s most recent meet-and-confer and negotiation session. This item increases California Paid Sick Leave to 40 hours and 5 days (9.7.2,d.,2.), adds “except when prohibited by law” to the requirement to require the use of paid leave when on a protected medical leave (9.8,18.,i.), and removes the former “outside work prohibition” with a standard incompatible outside work activities policy (5.6). These changes have been discussed with the City’s labor organizations, honoring meet-and-confer obligations and discussions and intent under recent tentative labor agreements and aligning the policies with changes to sick leave laws. Staff will continue to update the policies and procedures, meet with the labor groups regarding impacts, and return to Council with additional changes in the future.

BACKGROUND:

The Personnel Policies and Procedures were adopted on July 22, 2009, and amended on June 13, 2018, and November 8, 2023.

DISCUSSION:

The proposed changes improve the City’s compliance with sick leave laws and allow staff, with limited expectation of increases over the coming years, more flexibility to earn additional income outside of work hours. The changes have been shared with the labor groups.

FISCAL IMPACT:

There is no fiscal impact to making the proposed changes.

COMMUNITY OUTREACH:

OPTIONS:

1. Approve the changes and Resolution as written

2. Approve some of the changes and direct staff to update the Resolution accordingly.

3. Reject the changes and Resolution (not recommended)
Staff recommends approval of the amendments to the Personnel Policies and Procedures Manual.

ATTACHMENTS:

Resolution and Exhibit A – Redline Personnel Policies and Procedures Manual and Exhibit B Clean Personnel Policies and Procedures Manual.
12208390.2 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 Amended on November 8, 2023. Council Adopted Resolution 2023-65 Amended on May 13, 2026. Council Adopted Resolution 2026-xx 12208390.2 WI001-015
City of Willits
Personnel Policies and Procedures Manual
12208390.2 WI001-015
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........................................................................................ 1 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 Code of Ethics .................................................................................................................. 3 Equal Employment Opportunity Policy ........................................................................... 4 Policy Against Discrimination, Harassment, and Retaliation ........................................... 4

2.5 Workplace Security ........................................................................................................ 14

2.5.2 Incident Reporting Procedures ................................................................................ 15

2.5.3 Investigation ............................................................................................................ 16

2.5.4 Prevention................................................................................................................ 16

2.5.5 Follow Up and Disciplinary Procedures ................................................................. 17 Policy Against Workplace Bullying ............................................................................... 17 Employee Assistance Program ....................................................................................... 19 SECTION 3. ADMINISTRATION OF THE PERSONNEL PROGRAM ............................... 20 City Council.................................................................................................................... 20 City Manager .................................................................................................................. 20 Department Heads .......................................................................................................... 20 Personnel Records .......................................................................................................... 20 SECTION 4. RECRUITMENT, APPLICATION AND SELECTION .................................... 24 Fitness for Duty Examinations ....................................................................................... 24

4.1.2 Current Employees ....................................................................................................... 24

4.1.3 Role of Health Care Provider ....................................................................................... 24

4.1.4 Authorization for Use of Medical Information ............................................................ 25 Determination ........................................................................................................................ 26 Access to Medical Information Regarding Fitness for Duty ................................................. 26

4.2.1 Potential Accommodations for Applicants or Employees with Disabilities ........... 27

4.2.3. Potential Accommodations for Employees Affected by Pregnancy and Related Medical Conditions ............................................................................................................... 27

4.2.4 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking ............................................................................................................... 28

4.2.5 Potential Accommodations for Religious Creed, Religious Dress Practice, or City of Willits
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Religious Grooming Practice .................................................................................................29 Appointing Authority ......................................................................................................29 Vacancy Announcements ................................................................................................29 Application Forms ...........................................................................................................30 Background Check ..........................................................................................................30 Disqualification of Applications ......................................................................................30 Employment Examinations ..............................................................................................30 Eligibility Lists ................................................................................................................31 Appointments ...................................................................................................................31 Residence Requirement................................................................................................32 SECTION 5. WORK SCHEDULES AND ATTENDANCE ....................................................33 Work Schedules ...............................................................................................................33 Meal Period .....................................................................................................................33 Rest Period.......................................................................................................................33 Advance Request for Permission to Deviate from Regular Work Hours ........................33 Lactation Policy ............................................................................................................... 34 Incompatible Outside Employment or Activity...............................................................35

5.7 No Solicitation ................................................................................................................ 36 SECTION 6. CLASSIFICATION PLAN ................................................................................. 38 General ........................................................................................................................... 38 Purpose ........................................................................................................................... 38 Class ............................................................................................................................... 38 Class Specifications ........................................................................................................ 38 Administration of the Classification Plan ....................................................................... 39 Reclassification ............................................................................................................... 39 Employment Status ......................................................................................................... 39 SECTION 7. COMPENSATION PLAN .................................................................................. 43 General ........................................................................................................................... 43 Appointment Rate ........................................................................................................... 43 Compensation on Promotion .......................................................................................... 43 Compensation for Acting Appointments ........................................................................ 43 Compensation on Demotion ........................................................................................... 44 Reemployment of Regular Employees ........................................................................... 45 Reemployment of Temporary Employees ...................................................................... 45 Merit Increases ................................................................................................................46 Regular Appointment from Temporary Status ............................................................... 46 Appointment to a Reclassified Position ...................................................................... 46 Overtime Compensation ............................................................................................. 47 Compensatory Time Off ............................................................................................. 47 Miscellaneous Compensation ..................................................................................... 48 Prohibited Salary Deductions...................................................................................... 49 Air Travel .................................................................................................................... 50 City of Willits
Personnel Policies and Procedures Manual
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Lodging ....................................................................................................................... 50 Meal Allowance .......................................................................................................... 50 Telephone Reimbursement ......................................................................................... 51 SECTION 8. EMPLOYEE STATUS ........................................................................................ 52 Probationary Period – Initial Appointments or Promotions ........................................... 52 Probationary Period Length – Non-Police Service ......................................................... 52

8.2.1. Probationary Period Length – Police Service and Dispatchers ................................... 53 Regular Status – Initial Entry or Promotion ................................................................... 53 Seniority ......................................................................................................................... 53 Transfers ......................................................................................................................... 54 Separation ....................................................................................................................... 54

8.6.1 Layoff ...................................................................................................................... 55

8.6.2 Resignation .............................................................................................................. 56

8.6.3 Non-Disciplinary Separation ................................................................................... 56

8.6.4 Job Abandonment .................................................................................................... 56

8.6.5 Retirement ............................................................................................................... 56

8.7 Employee Performance Evaluations .................................................................................. 57 SECTION 9. WORK WEEK, ATTENDANCE AND LEAVE BENEFITS ............................ 60 Work Week ..................................................................................................................... 60 Attendance ...................................................................................................................... 60 Absence Control ............................................................................................................. 60 Anniversary Date ............................................................................................................ 61 Vacation .......................................................................................................................... 61 Catastrophic Leave Policy .............................................................................................. 63 Sick Leave ...................................................................................................................... 63 Family and Medical Care Leave ..................................................................................... 66

9.8.18 Required Forms .......................................................................................................... 83 Holiday Leave ................................................................................................................ 83 Bereavement Leave ..................................................................................................... 84 Pregnancy Disability Leave ........................................................................................ 84 Military Leave............................................................................................................. 86 Paid Administrative Leave .......................................................................................... 87 Leave of Absence without Pay Must be Authorized by Law or These Policies ......... 87 Management Leave ..................................................................................................... 87 Time Off to Vote ......................................................................................................... 88 Victims of Violent Crimes/ Victim Family Member Court Attendance Leave .......... 88 Crime Victim/Family Member Victim’s Rights Proceedings Leave .......................... 88 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief ........................................................................ 89 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning .................................................... 89 City of Willits
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Jury Duty and Court Appearances .............................................................................. 89 School-Related Leaves ............................................................................................... 90 SECTION 10. BENEFITS........................................................................................................... 92 General Statement ....................................................................................................... 92 Retirement Plan ........................................................................................................... 92 SECTION 11. ON-THE-JOB INJURY ....................................................................................... 93 Medical Attention ....................................................................................................... 93 Industrial Accident Reporting Procedures .................................................................. 93 Industrial Accident Leave ........................................................................................... 95 SECTION 12. CAREER DEVELOPMENT ............................................................................. 99 General ...................................................................................................................... 99 Education Reimbursement ........................................................................................ 99 Training ..................................................................................................................... 101

12.4 Personal Education and Training ............................................................................... 101 SECTION 13. EMPLOYEE CONDUCT AND DISCIPLINE ................................................. 102 General Conduct ....................................................................................................... 102 Dress and Grooming ................................................................................................. 102 Discipline Policy ....................................................................................................... 102

13.4 Discipline Procedures ................................................................................................ 108 SECTION 14. DRUG AND ALCOHOL FREE WORKPLACE POLICY .............................. 117 SECTION 15. GRIEVANCE PROCEDURES ......................................................................... 121 SECTION 16. MISCELLANEOUS PROVISIONS.................................................................. 126 Employment of Relatives, Spouses and Domestic Partners ..................................... 126 Employment Status of City Council Members ......................................................... 127 No Solicitation .......................................................................................................... 127 Safety Program ......................................................................................................... 128

16.5 Use of City Equipment or Resources ........................................................................ 129 SECTION 17. CHILD ABUSE AND NEGLECT REPORTING POLICY ............................ 134 Definitions ................................................................................................................. 134 Responsibility for Reporting Child Abuse ................................................................ 137 Procedure .................................................................................................................. 137

17.4 ACKNOWLEDGEMENT ........................................................................................ 140

City of Willits
Personnel Policies and Procedures Manual
1 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 maintain uniform and consistent policies 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 these Policies and Procedures (“Policies”). The City Manager may delegate the responsibility of assisting in the administration of these Policies 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 Policies 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.

The goal of uniform personnel practices is to ensure that the principles of fairness and merit are the basis for all personnel actions. These Policies have been established to set standards 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 Policies apply to all City employees, except that nothing in these Policies 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 Policies 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 create any employment contract, express or implied, or create any contractual rights.

Conflicts with Other Provisions
If a provision of these Policies conflicts with any provision of 1) an applicable collective bargaining agreement (CBA) or memorandum of 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 City of Willits
Personnel Policies and Procedures Manual
2 MOU. Any City ordinance, or state or federal law, that conflicts with these Policies shall control.

In all other cases, these Policies shall apply.

Violation of the Policies
A violation of any Policy herein 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 Policies to be inconsistent with the law, such finding(s) shall not affect the validity of the remaining portion of these Policies.

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.

City of Willits
Personnel Policies and Procedures Manual
3 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 ability to carry out their duties to the City with undivided loyalty.

Employees, officers and officials are on notice regarding restrictions on 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 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.

Code of Ethics
As a municipal employee, your job by its very nature places you in a position of public trust.

You are responsible for ensuring that public resources are used in the best interests of the public.

You also have a duty to use the limited public resources available to you as effectively and efficiently as possible. When serving in your public capacity, the interests of your municipality must come before your own. In fact, and appearance, your actions and interests must be above reproach.

The purpose of this Code of Ethics is to establish policy and guidelines, reflecting expected values and behaviors for use by and applicable to elected and appointed City officials, City City of Willits
Personnel Policies and Procedures Manual
4 officers, and employees, including individuals employed as contractors by the City. The expectations include, but are not limited to, the following:
 Complying with the Conflict of Interest provisions above, as well as any applicable statutory and contractual obligations;
 Not granting any favored treatment or special consideration or advantage to any person beyond that which is available to every other similarly situated person;  Not seeking to improperly influence any official decision; and  Maintaining high standards of professional competence and integrity and conducting oneself in a manner that will not bring discredit to themselves or their department or 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 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 this Policy Against Harassment, City of Willits
Personnel Policies and Procedures Manual
5 Discrimination and Retaliation. 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 establishes a complaint procedure by which the City will investigate and resolve complaints of 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 violates this Policy as soon as possible. The City expressly prohibits any 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. 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 City of Willits
Personnel Policies and Procedures Manual
6 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.

5. Definitions
(a) Protected Classifications
This Policy prohibits harassment, 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. 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.

City of Willits
Personnel Policies and Procedures Manual
7 (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 protected classification; or because the individual participates in a protected activity as defined in this Policy.
(d) Harassment
This Policy prohibits harassment of a covered individual because of the individual’s actual or perceived protected classification. Harassment includes, but is not limited to, the following conduct:
(i) 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.
(iii) Visual acts, such as derogatory, offensive, or inappropriate, posters, cartoons, emails, pictures or drawings related to a protected classification.
(e) Sexual Harassment
Unwanted 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.
(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.

City of Willits
Personnel Policies and Procedures Manual
8 (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.

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.

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.

City of Willits
Personnel Policies and Procedures Manual
9 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).

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.

City of Willits
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10 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.

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.

Complaint Procedure
A covered individual who believes they have been subjected to discrimination, harassment or retaliation may make a complaint, either orally or in writing, to any supervisor, manager, their Department Heads, or to the Human Resources Manager without regard to any chain of command.

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.

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.

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. 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.

City of Willits
Personnel Policies and Procedures Manual
11 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 Manager. The Human Resources Manager, 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 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
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 File a Report with Outside Administrative Agencies City of Willits
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12 Any individual possesses the right to report workplace harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (“EEOC”) or the California Civil Rights Department (“CRD”). These administrative agencies provide a complaint process as well as certain legal remedies where the applicable agency determined that a violation of the law occurred. The nearest EEOC and CRD offices are listed on the internet and in the government section of the telephone book. Employees may also 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:
 Treating all individuals in the workplace or on City worksites with respect and consideration.
 Modeling behavior that conforms to this Policy.
 Participating in periodic trainings on personnel matters.  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 investigation.  Taking no actions to influence the complainant or any potential witness while the City’s investigation is ongoing.

City of Willits
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13  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 Manager.

Management and Supervisory Employees
In addition to the responsibilities listed above for individual employees, each manager and supervisor is responsible for the following:
 Informing employees under their supervision of this Policy.  Taking all steps necessary to prevent 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).
 Receiving and responding to complaints in a uniformly fair and serious manner.  Documenting the steps taken to resolve such complaints.  Following up with those who have complained to ensure that the offensive conduct about which they complained has stopped and that there have been no reprisals or retaliation or threats of reprisals or retaliation.
 Informing those who complain about harassment or discrimination of their option to contact the EEOC or CRD and to file a complaint about such activity.  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.

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14 Human Resources Manager
The Human Resources Manager 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 Manager.

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/.

2.5 Workplace Security

2.5.1 Safe and Secure Workplace
The City is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy may lead to criminal prosecution, and/or disciplinary action, up to and including termination.

2.5.2 Prohibited Behavior

1. Employees are prohibited from participating in, 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, humorous, blowing off steam, or venting.

2. Employees engaged in City business are prohibited from bringing or possessing weapons in violation of any law or this policy. Employees who have legal authority to carry a weapon shall notify the Department Head in writing of what type of weapon is being carried. Employees who have legal authority to carry weapons violate this policy if they: discharge or lose their weapon; use, threaten to use, or expose the weapon while engaged in City business or in a City building; or violate any law related to carrying a weapon while engaged in City City of Willits
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15 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 their personal safety or the safety of their 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 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. “Weapon” is defined as a firearm, chemical agent, club or baton, knife, or any other device, tool or implement that can cause bodily harm if used as a weapon or exposed in such a manner to cause harm or threaten a person with harm.

2.5.2 Incident Reporting Procedures

1. Employees must immediately report to their supervisor or Department Head whether they have been a victim of, or have witnessed, workplace violence.

The supervisor or Department Head will immediately report the matter to the Human Resource Manager.

City of Willits
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16 2. The Human 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 Human Resource 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 Personnel Manager will see that reported violations of this Policy are investigated as appropriate.

2.5.4 Prevention
 Each Department Head has authority to enforce this policy by:
 Training supervisors and subordinates about their responsibilities under this policy;
 Assuring that reports of workplace violence are accurately and timely documented and addressed;
 Notifying the Human Resource Manager and 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.

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17 2.5.5 Follow Up and Disciplinary Procedures
An employee found in violation of this Policy 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
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, 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.

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18 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 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.

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19 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. The EAP counselor can help to clarify an employee’s problem and 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. Further information may be obtained from the City Manager or Human Resources Manager.

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20 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.

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 ensuring 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. 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.

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 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 to protect employee privacy interests.

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21 (b) File Content
An employee’s personnel file will contain only material that the City deems necessary and relevant or 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 to promptly notify the Human Resources Department of any changes in their contact and benefits information, including change of name, mailing address, telephone number, emergency contacts, and number and names of dependents. (d) Medical Information
“Medical information” means information regarding an employee’s medical history, mental or physical condition, or treatment.

Separate Confidential Files
All medical information about an employee or applicant is kept in separate medical files 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.
(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:

Inspection of File
A current City employee may review their 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 City of Willits
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22 written request to the Human Resources Manager. A former employee is entitled to inspect their personnel records one time per year. The inspection must occur in the presence of the Human Resources Manager 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 former 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. The City may charge a fee for the actual cost of copying.

Employee Representatives
If the current or former employee wishes to have another person/representative inspect their personnel file, they must provide the person/representative with written authorization. The Human Resources Manager or their designee will notify the employee and/or representative in writing of the date, time, and place of the inspection.

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.

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.
(f) Destruction of Personnel Records
Personnel records, including employment applications, shall be destroyed 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.

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23 Reference Checks
All requests for reference checks or verification of employment concerning any current or former employee must be referred to and approved by the Human Resources Manager. Unless the Human Resources Manager receives a written waiver signed by the employee, the City will release only the dates of employment, last position held, and final salary rate. Department 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 Manager on a case-by-case basis.

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24 SECTION 4. RECRUITMENT, APPLICATION AND SELECTION
Fitness for Duty Examinations

4.1.1 Applicants
After the City extends a conditional offer of employment 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.

4.1.2 Current Employees
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 their job when there is significant evidence of the following:

1. the employee’s ability to perform one or more essential functions of their job has declined; or

2. that could cause a reasonable person to question whether the employee is still capable of performing one or more of their essential job duties, or is still capable of performing those duties in a manner that does not harm themselves or others.

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 a City-selected health care provider to 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 nonconfidential 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; City of Willits
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25 3) workplace 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
5) the employee’s continued employment poses a threat to the health and safety of themselves 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.

4.2 Interactive Process
The Human Resources Manager 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; City of Willits
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26 (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 (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 Manager will promptly arrange for a discussion or discussions, in person or via conference telephone call, with the employee and their designated representatives, if any and Department Head. The purpose of the interactive communications w will be to discuss in good faith all feasible potential reasonable accommodations. The Human Resources Manager will document these communications in writing.

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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27 4.2.1 Potential Accommodations for Applicants or Employees with Disabilities 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 (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:

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28 (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;
(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
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29 (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.

Appointing Authority
The City Manager shall determine those applicants eligible for appointment. 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 City of Willits
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30 examination, or drug screen will be required following a conditional offer of employment; and other information as determined in the discretion of the Human Resources Manager.

Announcements may be posted on the City’s website, and any other locations as deemed appropriate in the Human Resources 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.

Disqualification 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. 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 City of Willits
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31 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.

Eligibility Lists
As soon as possible after completion of an open or promotional examination for a classification, the Human Resources Manager will prepare and maintain an eligibility list consisting of the names of candidates who passed the examination.

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.

Appointments

1. The Human Resources Manager will make all appointments except for those classifications that report to the governing body. The Human Resources Manager has the discretion to decide in what manner a vacancy shall be filled. Vacancies may be filled by reinstatement, promotion, transfer, demotion, appointment of City of Willits
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32 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. 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. 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. The person accepting the 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.

Residence Requirement
Employees in positions with operational necessity who may be required to get to their place of employment within 30 minutes must reside within 20 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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33 SECTION 5. WORK SCHEDULES AND ATTENDANCE
Work Schedules
All employees are expected to be at their workstations and ready to work at the start of their scheduled workday or shift. Work schedules are determined at the discretion of the Department Head, and are subject to change with or without notice, according to 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 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 5.4.

Meal 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 workday. 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 workday, 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 workload permits and subject to calls for services.

Advance Request for Permission to Deviate from Regular Work Hours Except as specifically provided in an applicable MOU, an overtime-eligible employee is required to seek advance permission from their supervisor for any foreseeable absence or deviation from regular working, break, and mealtimes. Whenever possible, employees will be given adequate advance notice of no less than five (5) days of any shift schedule or work schedule changes except City of Willits
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34 where an emergency exists. Subject to 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.

An employee occupying such a private area shall either secure the door or otherwise make it clear to others through signage that the area is occupied 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.

City of Willits
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35 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 Manager.

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 Manager.

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.
(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 workday/shift.

Incompatible Outside Employment orand Activitiesy
As a public entity, the Agency is entrusted with the responsible stewardship of public resources and the public trust. Employees are expected to perform their duties with integrity, impartiality, and loyalty to the public interest. Outside employment, consulting, business activities, or volunteer service are prohibited when they are incompatible with an employee’s official duties or with the ethical obligations of public service. “Incompatible outside work” includes any external activity that:
 Conflicts with the employee’s official duties, assigned responsibilities, or work schedule;  Impairs the employee’s ability to perform their job effectively, objectively, and in the best interest of the public;
 Creates an actual or perceived conflict of interest, divided loyalty, or misuse of position; City of Willits
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36  Involves the use of Agency time, resources, equipment, confidential information, or authority for private gain;
 Results in financial or personal benefit derived from the employee’s public position;  Undermines public confidence in the integrity, impartiality, or transparency of the Agency;  Is prohibited by law, including California conflict-of-interest or incompatible-activities requirements.

Employees must not engage in outside activities that could reasonably cause the public to question whether official actions are influenced by personal interests. The appearance of impropriety, not just actual conflicts, is a key consideration in determining incompatibility.

Employees are required to promptly disclose any outside employment or activity that could reasonably be perceived as incompatible to their supervisor and department head or the City Manager. Prior written approval may be required. The City reserves the right to review, restrict, or require discontinuation of outside activities that are determined to be incompatible with public service obligations.

Failure to disclose incompatible outside employment or to comply with this policy may result in disciplinary action, up to and including termination, and may expose the employee to legal or administrative penalties under applicable law.

5.6.1 Policy
An employee shall not engage in any paid or self-employment, activity, or enterprise which is inconsistent, incompatible, or in conflict with their City duties, functions or responsibilities, or that of the department in which they are employed at the City. In order to avoid perceived or actual conflicts of interest that may arise from outside employment, all employees must obtain written approval from the Human Resources Manager or their designee prior to undertaking any outside employment as described in this policy.

5.6.2 Prohibited Types of Outside Employment and Activities An employee’s outside employment, activity or enterprise may be prohibited if it involves:

City of Willits
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37 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 City;

2. Receipt or acceptance by the employee of any money or other consideration, from any person or entity other than the City, for the performance of an act that the employee would be required or expected to render in the regular
course of their City employment;

3. The performance of an act, other 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 render the employee’s
performance of their regular City employment less efficient or dangerous to the employee.
a) Authorization for Outside Employment or Activity and Appeal Process

1. Written Request
Any employee who wants to undertake a paid outside employment, activity, or enterprise must submit a written request to their Department Head. 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.

2. Analysis 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 City Manager is required.

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.

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38 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.
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. The employee’s work performance declines; or

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)a) 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.

5.7 No Solicitation
a) No Solicitation During Work Hours or in City Offices 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. b) No Targeted Solicitation of City Officers or Employees City of Willits
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39 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.

City of Willits
Personnel Policies and Procedures Manual
40 SECTION 6. CLASSIFICATION PLAN
General
The Human Resources Manager 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 Manager 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 position.

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.

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.

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41 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
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 Department Head 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 Department Head 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 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 City of Willits
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42 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 “at-will” employee is one 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.

Employees who move from a 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
A probationary 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 probationary period for new employees only, 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 postdisciplinary procedural due process or evidentiary appeal. A probationary employee serving in the initial probationary period is an at-will employee. In the case of promotional probation, upon rejection from probation for failure to meet probationary standards, the probationary employee may be returned to the employee’s previously held position 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.

Length of Probation: Unless otherwise specified by memoranda of understanding or these Rules, the probationary period is six (6) months 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.

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43 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 8.1 and 8.2 of these rules.

4. For-Cause Appointment Requires Recommendation
No probationary employee will receive a for-cause appointment without a written recommendation from the Department Head. The probationary employee shall be notified by the Department Head prior to the expiration of the probationary period that they have been rejected or approved for for-cause appointment. e) For-Cause Employee
A for-cause employee is an employee who has satisfactorily 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.

A for-cause 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 that may result in a significant deprivation of property.
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.
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.
h) Temporary/Seasonal Employee
A temporary employee is an at-will 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 serves at-will, at the pleasure of the appointing authority, has no property right in continued City of Willits
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44 employment, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.

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45 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.

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 MOU 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 is normally assigned shall receive the entrance salary rate of the higher salary range, or a minimum City of Willits
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46 established by current applicable MOU. 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 MOU 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 their salary reduced to the entry rate of the class to which they are demoted. If the employee was previously promoted from the lower class, the employee will be compensated at the same rate they were receiving prior to the promotion. b) Demotion for Other than Unsatisfactory Performance
An employee who is either demoted at their 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 their 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
If an employee is Y-rated (i.e., salary is frozen) and requests a voluntary demotion, their salary shall be reduced to the highest rate in the lower salary range.

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47 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
Employees will become eligible for merit increase consideration every twelve (12) months 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.

City of Willits
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48 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, 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 they 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
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
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49 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 they 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, their 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 their designated work week. Overtime is compensated at one and one-half (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.

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.

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50 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) 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.
d) City Cash Out
The City reserves the right to cash out accumulated CTO. For employees 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.
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). Separating employees shall be compensated for all accrued, unused compensatory hours at their current FLSA regular rate of pay.
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 MOU.

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

City of Willits
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51 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 workstation.

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

5. If an employee is on “standby duty,” they will be compensated in accordance with current applicable MOU. 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 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.

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.

City of Willits
Personnel Policies and Procedures Manual
52 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 Manager. The complaint must be dated, signed, and describe the specific pay reduction at issue. The Human Resources Manager 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 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.

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 MOU. 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 they are required to travel on City business after 6:30 p.m. The employee may be authorized a dinner MA if they are required to travel on City business the evening prior to a conference, meeting, or class.

An employee shall not receive a meal allowance 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.

City of Willits
Personnel Policies and Procedures Manual
53 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.

City of Willits
Personnel Policies and Procedures Manual
54 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 the required standards of the position. 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 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-discipline due process as provided under the City’s discipline rules prior to the employee’s release from employment.

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, the initial probationary period for all positions or promotion to a new position, except Police Service, shall be six months of actual and continuous service. The probationary period is automatically extended by the length of absence of one workweek or more.

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 City of Willits
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55 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) months. 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 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. 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.

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 upon approval of the City Manager. Under no circumstances will the probationary period be less than twelve (12) months.

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) months, but in no event shall the total probation period exceed fifteen (15) months. Such extensions shall be documented in the manner prescribed by the City Manager.

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 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.

City of Willits
Personnel Policies and Procedures Manual
56 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
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;
City of Willits
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57 (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.

Before an employee’s separation date, they 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 pay schedule.

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 may be laid off or demoted for non-disciplinary reasons.

2. Notification
Employees shall be given not less than twenty-one (21) 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 based on the length of employment in the affected classification in the department, or higher classifications in the department. 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. 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.

City of Willits
Personnel Policies and Procedures Manual
58 4. Displacement
For-cause 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 with written notice no later than five (5) working days after the date of the notice of layoff.

5. Transfer
If the Human Resources Manager 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 Manager 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 Manager’s decision is final.

7. Reemployment Rights for Laid Off Employees
Regular employees 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.

City of Willits
Personnel Policies and Procedures Manual
59 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, 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.

8.6.3 Non-Disciplinary Separation
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 appeal. a) Disciplinary Separation
A for-cause employee may be separated for disciplinary reasons pursuant to the policy and procedures in Section 13.

8.6.4 Job Abandonment
An employee is deemed to have resigned from their position if the employee is absent for three (3) consecutive workdays 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 an 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 the Human Resources Manager accepts the notice of retirement in writing. Once a notice of retirement has been accepted, it is final and irrevocable.

City of Willits
Personnel Policies and Procedures Manual
60 8.7 Employee Performance Evaluations
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 Manager or Department Head deems necessary. a) 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.
b) Frequency
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.
c) Process
The evaluation of an employee’s performance is an ongoing process. Evaluations must be documented in 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 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 City of Willits
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61 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. d) 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. e) 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.

3.When an employee is subject to any performance improvement plan or 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.

City of Willits
Personnel Policies and Procedures Manual
62 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 workday 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 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) 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 their immediate supervisor no later than the beginning of the employee’s scheduled work time and report the expected time of any late arrival or duration of absence. If the employee’s immediate supervisor is not available, the employee must notify the Department Head or another supervisor. 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 times will be deemed to have an unauthorized tardy or absence and will not receive compensation for the period of absence.
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 City of Willits
Personnel Policies and Procedures Manual
63 of unapproved absences for reasons that are not by state or federal law exceeds three (3) days in any three (3) month period. Excessive tardiness or absenteeism may 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 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, an employee’s continuous service shall be based on the effective date on which they received their 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-time employees, with the exception of, 1) employees having temporary or less than half-time appointments and 2) employees 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.

Except as may be provided in an MOU, 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 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. Subject to approval of the City Finance Director, employees may make a request to the Human Resources Manager to sell back to the City accrued vacation time on a case-by-case basis.
b) Basis for Accrual – Full-time Employees
Eligible full-time and part-time employees, with the exception of temporary 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- City of Willits
Personnel Policies and Procedures Manual
64 time status and the number of consecutive years the employee has worked for the City. Vacation shall be credited as earned vacation for each biweekly pay period of service, or prorated for each fractional period as follows:

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
c) Limit on Vacation Leave Accrual
An employee may earn vacation to a cap of twice the employee’s r 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 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. d) Vacation Pay at Separation
Any employee separating from the City who has accrued vacation leave shall be paid for such accrued vacation based on the hourly equivalent of the salary they were receiving at the time of separation.
e) Holidays Occurring During Vacation
In the event one or more holidays observed by the City falls within the period a full-time employee is on vacation leave, such day or days shall not be charged as vacation leave.

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 other employees when such employees are on an approved City of Willits
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65 leave of absence due to a verifiable illness, injury. The Policy and forms are available from the Human Resources Department.

Sick Leave

9.7.1. Purpose
Sick leave is paid leave from work that an employee may use for the following purposes. 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.
(a) 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
(b) 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.

9.7.2. Terms of Sick Leave
a). Accrual and Carryover for Different Categories of Employees:

1. Full-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.

Sick leave only accrues for employees in paid employment status.

2. Temporary employees who work 30 or more days within a year from the commencement of employment with the City accrue one hour of City of Willits
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66 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 stop earning sick leave once they have accrued 48 hours or six (6) workdays/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 workday. 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. (b) Sick Leave Use
An employee may use accrued sick leave, in a minimum increment of an hour hours, 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. (c) Sick Leave Request
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 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. d) Protected Sick Leave

1. 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. For temporary employees, up to 24 40 hours, or three five (35) days, whichever is greater, 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.

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-thejob 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 City of Willits
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67 continuance shall be limited to accumulated 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.
e) Certification
The City may require that employees 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. 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 Department Head.
g) Supervisor’s Discretion to Begin Administrative Leave with Pay Supervisors have discretion to place an employee on administrative leave with pay 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.
h) Sick Leave on Separation from Employment
Upon separation from the City after five (5) years of continuous service, an employee will be paid for 30% of 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 50% of unused, accrued sick 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
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.

City of Willits
Personnel Policies and Procedures Manual
68 Family and Medical Care Leave
The City provides family 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 (CFRA and Federal Family and Medical Leave Act (“FMLA”).

Unless otherwise stated in this policy, “Leave” 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) 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 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 stepchild. 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.
b. Under the CFRA, “child” means a child, including a child City of Willits
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69 who is 18 years of age or older who is capable of self-care.

An employee's child means a biological, adopted, foster, stepchild, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.

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.

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.

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 sufficient.

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

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

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

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.

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 individual 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 podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting of manual manipulation of the spine to City of Willits
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70 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 nurse practitioner or nurse-midwife or a clinical social worker who is authorized to practice under California State law and who is performing within the scope of their practice as defined under California State law; A Christian Science practitioner 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 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.

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.

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 City of Willits
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71 service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.

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 before or after the member became a veteran.

18. “Serious Health Condition” means an illness, injury, impairment, or physical or mental condition that involves:

Inpatient Care 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
(ii) Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
a. Treatment two or more times by a health care
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72 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
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.
(iii) Any period of incapacity due to pregnancy or for prenatal care. (Note that pregnancy is a “serious health condition” only under the FMLA. Under California law, an employee
disabled by pregnancy is entitled to pregnancy disability leave.)
(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.
(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
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73 continuing supervision of, but need not be receiving active treatment by, a health care provider.
(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 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) 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;

3. Leave to care for a child, parent, or spouse who has a serious health condition;

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 FMLA;

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

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 City of Willits
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74 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. 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) months;

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

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 to a total of twelve (12) work weeks (or 26 work weeks to care for a covered service member) of 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 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) Minimum Duration of Leave

1. 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 City of Willits
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75 these purposes (e.g., bonding with a newborn) for less than two weeks duration on any two occasions.

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.
e) Parents 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: the aggregate number of work weeks of FMLA leave to which both City employees may be entitled may be limited to twelve (12) work weeks during any twelve (12) month period; and each parent is entitled to take twelve (12) work weeks of CFRA leave during any twelve (12) month period.

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.

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76 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 an employee is on leave.

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.
g) Substitution of Paid Accrued Leaves
Although family and medical care leave is unpaid, an employee may elect and the City will require an employee to concurrently use all paid accrued leaves during family and medical care leave as described below.

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.
h) Sick and Vacation Leave Accrual
Sick leave and vacation leave do not accrue while an employee is on unpaid leave. i) City’s Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave
Except when prohibited by law, employees must use and exhaust their accrued leaves concurrently with family and medical care leave to the same extent City of Willits
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77 that employees have the right to use 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 designate that leave, as 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.

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 workplace 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 an FMLA/CFRA qualifying purpose, the City may require the employee to exhaust accrued leave as described above.
k) Medical Certification/Recertification
Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:

City of Willits
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78 (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.
(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 City of Willits
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79 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. 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 City of Willits
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80 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 Manager 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 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 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. p) Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced work schedule for the employee’s own serious health condition, or to care for an immediate family member with a serious health condition, the City of Willits
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81 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 The City may require an employee who certifies the need for 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 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, 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.
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 above.

If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to an 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 an 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.
r) Employee Notice of Leave
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, at least thirty (30) days’ 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.

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82 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 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.

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83 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.
s) Reinstatement
a) Reinstatement to Same or Equivalent Position: Upon expiration of leave, an employee is entitled to be reinstated to the 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.
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.
d) Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform their job, the employee must obtain and present a fitness-for-duty certification from the health care provider stating that City of Willits
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84 the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
e) Reinstatement of “Key Employees”: Under the FMLA only, 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.

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Personnel Policies and Procedures Manual
85 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 and City Manager in writing before the end of the year. Scheduling subject to Department Head approval - must be taken before the last regularly scheduled pay date prior to June 30 of each year. Floating holidays do not accrue beyond June 30 of each year.

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 any holiday that falls on a Sunday, the Monday following shall be treated as the holiday. If the holidays falls on a Saturday, the preceding Friday shall be treated as the holiday. An employee scheduled to work on that Friday shall be credited with eight (8) hours of vacation time. Part-time 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 pay for each holiday. All regular part-time employees shall receive holiday City of Willits
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86 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 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 an 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 Manager.

For purposes of this section, “family member” means: 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), , 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), , son or daughter-in-law, brother or sister-in-law, legal guardian, 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) Amount of Leave
City of Willits
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87 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.
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 agreed-upon specific date of return to work and be submitted to the Human Resources Manager.

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 leave.
c) Compensation During Leave
Pregnancy disability leaves are without pay. However, the employee must first use sick leave, if any. Once sick leave is depleted, the employee may elect to use vacation leave or any other accrued paid time off during the leave. 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. The City may recover premiums it paid to maintain health coverage 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.

City of Willits
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88 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.
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.
g) Reinstatement
Upon the expiration of pregnancy leave, 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.

Military Leave
Military leave will be granted in accordance with federal and state law. An employee requesting military leave must provide the Department Head with 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 Department Head may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.

City of Willits
Personnel Policies and Procedures Manual
89 Paid Administrative Leave
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 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 leave 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. Temporary employees are not entitled to leave without pay.

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.

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 City of Willits
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90 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 of management leave each year.

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.

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.

Victims of Violent Crimes/ Victim Family Member Court Attendance Leave a) Any employee who is a victim of crime may take leave from work to attend 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.

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 City of Willits
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91 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 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

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 their supervisor or Department Head as soon as possible after receiving notice of both City of Willits
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92 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 their 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) Overtime-Exempt Employees: All FLSA-exempt employees will continue to receive their normal salary while on jury duty or 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.

9.21.2 Other Court or Administrative Proceeding Appearances Regarding City Duties An employee who is subpoenaed to appear in court in a matter regarding an event or transaction in the course of their 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 without loss of compensation, and the time spent will be considered work time. The City will offset the amount from any pay the employee receives for witness fees.

9.21.3 Regarding Employee-Initiated or Non-City Related Proceedings An employee subpoenaed to appear, or appears, in court because of civil or administrative proceedings that they initiated is not entitled to receive compensation for time spent related to those proceedings. An employee may request time off without pay, or may use accrued leave, other than sick leave, 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, grandparent, or person who stands in loco parentis to one or more children who are in a licensed day care facility, kindergarten or grades 1 – 12, shall be allowed up to 40 hours each school year, not to exceed eight hours in any calendar month of the school year, to: participate in activities of their child’s facility or school; find, enroll, or reenroll a child in a school or with a licensed day care provider; City of Willits
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93 or to pick up a child due to a child care provider or school emergency. The employee must provide reasonable advance notice to their supervisor of the planned absence. The leave is unpaid unless the employee uses 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, unless the City approves both parents, guardians or grandparents taking time off.

2. 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 advance notice to their supervisor. The City may require proof from the employee that this leave is warranted. The leave is unpaid, but the employee may utilize accrued vacation time.

City of Willits
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94 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 the 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. See PERS Procedures Manual for more detailed information.

City of Willits
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95 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) Emergency
If the injury or disability is of 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) 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 Medical Provider Network (MPN) or to the employee’s designated physician. 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 injury. Notice of injury will have been affected when the injured employee or other persons on his City of Willits
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96 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) 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) Fatal or Serious Injuries
Fatal or serious injuries shall be reported immediately by telephone to the City Manager, who in turn will ensure 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) 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 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.

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97 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) 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 Human Resources Manager.

3. The Immediate Supervisor’s Report of Employee Injury shall be transmitted to the Human Resources Manager, who will send a copy to the City’s contracted Workers Compensation carrier and retain one copy for the personnel office files.
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 the City’s contracted Workers Compensation carrier. 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 employment with the City. Employees who are absent from work under industrial accident leave shall continue in pay status on the following provisions. a) Amount of Leave – Full-time Probationary and Regular Employees City of Willits
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98 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) 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) 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) 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) 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:

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) .

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99 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) 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) 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) 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) 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) Appeals Board Appearances
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.

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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 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) 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) 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.

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c) Post-payment / Reimbursement Request
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) 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) 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) 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 City of Willits
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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 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 their job and any safety considerations which may apply.

Discipline Policy
a) Causes for Discipline
Grounds for disciplinary action include, but are not limited to:

1. Violation of any department rule, City policy or City regulation, ordinance or resolution;

2. Absences without authorized leave or tardiness;

3. Excessive absenteeism or tardiness as defined by the employee’s Department Head or Human Resources
Manager or these policies;

4. Use of leave from work in a manner not authorized or provided for under City policies;

5. Mishandling of public funds;

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

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

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; City of Willits
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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.

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;

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

28. Dishonesty;

29. Theft;

30. Disobedience;

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;

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

33. Gambling during the work day;
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34. Offensive conduct or language towards the public or other employees;

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;

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

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;

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

39. Failure to perform assigned work;

40. Unsatisfactory job performance or inefficiency;

41. Failure to report a conflict of interest to immediate supervisor;

42. Abusing or being wasteful of materials, property or working time;

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

44. Excessive or habitual absence or tardiness;

45. Discussion of confidential City business with unauthorized persons;

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

47. Discourteous treatment of the public or other employees.

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

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;

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;

51. Working overtime without prior authorization; and

52. Violation of any City Ordinance, personnel rule provision, policy or departmental rule.
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) Types of Counseling, Reprimands and Discipline
The following are types of counseling, reprimands and discipline which the City may impose:

1. Counseling Memo

2. 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.

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3. Verbal 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. 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.

4. Written Reprimand
A supervisor, in consultation with the Human Resources Manager, may reprimand an employee in writing 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 for 18 months and may be 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 Manager within 14 days after the reprimand is received.

5. Suspension Without Pay
The City may suspend an employee from their 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. 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.

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6. Demotion
The City may demote an employee from their 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 personnel 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.

7. Reduction in Pay or Paid Leave
The City may reduce an employee’s pay or paid leave for cause. A reduction in pay for disciplinary purposes may take one of two 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; Documents related to a reduction in pay shall become part of the employee’s 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.

8. Dismissal
The City may dismiss an employee from their position for cause. Documents related to the dismissal shall become a part of an employee’s personnel file when the dismissal is final. A dismissed employee is entitled to the discipline and discipline appeal procedures described below.

13.3.4 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 procedures apply only to suspension without pay, demotion, reduction in pay, or dismissal.

1. “Skelly” Notice of Intended Disciplinary Action to Employee City of Willits
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The employee’s supervisor, in consultation with the Human Resources Manager, will provide written notice, also known as a “Skelly Notice,” of the intended disciplinary action, in the form of suspension without pay, demotion, reduction in pay or dismissal, which will include the following:
a. The level of intended discipline;
b. The specific charges that support the intended discipline ; c. A summary of the facts that show that the elements of each charge at issue in the intended discipline;
d. A copy of all materials, reports, or documents upon which the intended discipline is based;
e. Notice of the employee’s right to respond to the Department Head regarding the intended discipline within seven (7) business days from the date of the notice, either by
requesting a Skelly conference, or by providing a written response, or both, subject to reasonable extension of time if agreed to during the seven-day period by the employee and Department Head
f. Notice of the employee’s right to have a representative of their choice at the Skelly conference.
g. Notice that the failure to respond by the time specified constitutes a waiver of the right to respond prior to the imposition of final discipline.

2. Employee’s Response and Skelly Conference
If the employee requests a Skelly conference, the Human Resources Manager shall designate a Department Head or other impartial individual (“Skelly Officer”) who will conduct an informal meeting with the employee. During the informal meeting, the employee shall have the opportunity to rebut the charges against them and present any mitigating circumstances. The Skelly Officer has the responsibility to review the notice of intent to discipline, the materials upon which it is based, and any response submitted by the employee. After completing the review, the Skelly Officer will submit a written report to the Human Resources Manager, the employee and the employee representative if any.

The Skelly officer will consider the employee’s presentation before issuing the disciplinary action.

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The employee’s failure to attend the conference, or to deliver a written response by the date specified in the Skelly notice, is a waiver of the employee’s right to respond and the intended disciplinary action will be imposed on the date specified in the Skelly letter.

The employee may have a representative present during their conference with the Skelly officer regarding the notice of intent to discipline.

3. Final Notice of Discipline
After the Skelly conference and/or timely receipt of the employee’s written response, the Skelly Officer shall: a) 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 shall 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 intended;
d. A copy of all materials upon which the discipline is based; and
e. A reference to the employee’s right to appeal and deadline to appeal.

4. Delivery of the Final Notice of Discipline
i. 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. Discipline Appeal Procedures
The following appeal procedures only apply to the City’s for-cause employees.

All employees other than for-cause employees, namely seasonal/temporary/atwill/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 dismissal, demotion, suspension without pay, or reduction in pay.

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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 Officer’s decision; or (2) the 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.
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. The hearing shall be private unless the employee requests a public hearing. The advisory determination shall be transmitted to the City Manager and shall be advisory only. The City Manager shall have the final decision. All costs associated with the disciplinary appeal hearing will be paid by the City.
iv. Date and Time of Appeal Hearing
Once the Appeal Hearing Officer has been designated, 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 appeal and their appeal may be dismissed. 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 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 City of Willits
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have reasonably anticipated the need for the witness or exhibit. The Appeal Hearing Officer will state at the beginning of the hearing his or her decision as to the precise issue(s) to be decided.
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 Hearing Officer will issue subpoenas to compel attendance at the appeal hearing. Each party is responsible for serving their/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
The Appeal Hearing Officer may continue a scheduled hearing only upon good cause shown.

3. Record of the Proceedings
All disciplinary hearings may, at the discretion of the Appeal 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.

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

5. Authority of the Appeal Hearing Officer or Designee Advisory Hearing Officer
As further detailed herein, the Appeal Hearing Officer has authority to control the conduct of hearing and to affirm, modify, or revoke the discipline. The Appeal Hearing Officer may delegate the conduct of the hearing to an Advisory Hearing Officer, who shall provide the Appeal Hearing Officer and the City City of Willits
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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.

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 Hearing Officer decides is the most conducive to determining the truth.
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 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.

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

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:
“Do you swear that the testimony that you are about to give 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.

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

10. Presentation of the Case
The parties will address their remarks, evidence, and objections, to the Hearing Officer. All parties and their representatives are expected to act professionally.

The Appeal Hearing Officer may terminate argument at any time and issue a ruling regarding an objection or any other matter. The Appeal Hearing Officer may alter the order of witnesses, limit redundant or irrelevant testimony, or City of Willits
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directly question the witness. The hearing shall proceed in the following order unless the Appeal 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.
d. The employee shall produce their 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 Hearing Officer. The City shall have the right to argue first, the employee may argue second, and if the City reserved a
portion of its argument time for rebuttal, the City may present a rebuttal.
g. The Appeal Hearing Officer, or the parties may request the submission of written briefs and/or a draft decision. The Appeal Hearing Officer will determine whether to allow
written briefs or draft decisions, the deadline for submitting briefs, and the page limit for briefs.

11. Written Findings and Decision
The Appeal Hearing Officer 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 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. The City Manager shall review the findings and recommendations of the Appeal Hearing Officer, and may accept, modify, or reject the proposed statement of written findings, decision, recommendations, or disciplinary action. If the City Manager seeks to modify or 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.

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12. Proof of Service of the Written Findings and Decision The City will mail a copy of the final 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 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.

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 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.

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 Driver’s 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 they are on City property or 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. 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 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 employees for alcohol and drug use under the following circumstances:

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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 jobs that involve the direct influence over children.
ii. Reasonable Suspicion Testing
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work under the following circumstances.

1. “Reasonable suspicion” to test exists if, 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: unusual behavior, slurred or altered speech, body odor, red or watery eyes, 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. 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.

2. Documentation and Analysis: In order to receive authority to test, the supervisor must record, in writing, the factors that support reasonable suspicion and analyze the matter with the Human Resources Manager. Any reasonable suspicion testing must be preapproved by the Human Resource Manager.

3. Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, City of Willits
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and the Human Resources Manager has approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
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.
f) Prohibited Conduct
The following conduct is prohibited:

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 performed.

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.

3. An employee’s failure to notify their supervisor, before beginning work, when taking medications or drugs, including but not limited to: prescription drugs, over the counter medications, or illegal drugs or narcotics (including marijuana) which could interfere with the safe and effective performance of duties or operation of City equipment;

4. An employee’s failure to notify the Human Resources Manager or Department Head of any criminal conviction for a drug violation that occurred in the workplace, within five (5) days after such conviction;

5. An employee’s failure to notify the supervisor immediately of facts or reasonable suspicions when observing 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 submit to drug or alcohol testing and searches in accordance with this policy and applicable laws.
g) Management Employee Responsibilities
Management employees are responsible to:

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1. 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.

2. 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.

3. 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.

4. Take appropriate disciplinary action for any violation of this policy. 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 15. GRIEVANCE PROCEDURES
a) General
The goal of this Grievance Procedure 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. 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, provided that the act or omission comes within the definition of “grievance” as described herein.

4. 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 City of Willits
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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;
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;
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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 exhaustive and there may be other matters that are not included in the grievance. c) Procedures
Step 1: Informal Resolution with Supervisor
Within seven (7) (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) 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 ten (10) 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 three (3 days of receiving the written grievance, have a meeting with the grievant.

Within five (5) days after meeting with the grievant, the supervisor shall give a written response to the grievant on the approved City form. A 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 supervisor’s response, the employee may, within five (5) 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 five (5) working 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 ten (10) days of receipt of the appeal or the meeting with the grievant, whichever occurs later, on the approved City of Willits
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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 employee is dissatisfied with the Department Head’s response, he or she may, within five (5) working days of receipt of the Department Head’s response, file a written appeal to the City Manager on the approved City form.

Within ten (10) days of receiving the written appeal, , the City Manager may schedule a meeting with the grievant, at the City Manager’s discretion. Within five (5) 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 add to, detract from, nor modify the language of these Rules or any applicable memorandum of understanding.

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 the procedure set forth above. e) Withdrawal
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) Representation
An employee may have a representative of their choice present at each stage of the grievance procedure, except that no one may be represented by an employee they supervise, and no employee may be represented by their supervisor or Department Head. If the employee’s representative is a fellow employee, that employee will receive time off from their 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 they are meeting as to whether they shall be represented at the grievance meeting and if so, shall identify the representative.

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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.
h) Grievance of an Order
If an employee is given an order that they wish 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.
i) No Retaliation
There shall be no retaliation against employees from filing or using the Grievance Procedures.

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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 child, step-child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership. “Spouse” means one of two persons to a marriage, or two people who are registered domestic partners, as those terms are defined by state law. “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 will not 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 of the following would result:
a. A direct or indirect supervisory relationship between the relatives; 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
d. A potential for creating an adverse impact on supervision, safety, security, morale or efficiency.

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
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 in consultation with the City Manager and with input from the Department Head has discretion to transfer one of the employees to a similar position in another department or will make reasonable City of Willits
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efforts to assign job duties so as to minimize problems of supervision, safety, security or morale.

Although the wishes of the two employees will be considered, the Human Resources Manager in consultation with the City Manager and with input from the Department Head shall determine which employee will be transferred based upon City needs, operations or efficiency. 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 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, in consultation with the City Manager, finds to be consistent with the City’s interest in the promotion of supervision, safety, security, or morale, then the employees involved retains the discretion to decide which of the two shall resign. Absent the resignation of one of the employees, the employee with the least seniority will be separated. 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.

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 9.14 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 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 City of Willits
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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 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 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 City of Willits
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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 Equipment or Resources
City equipment and resources may only be used 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.
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 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:

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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;
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; n. Violating terms of software licensing agreements; and o. Using City equipment or resources to access and/or use dating web resources, personal social media, or games of any type.

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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.
iv. City Business Use and Incidental Personal Use Only
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, email and internet services by employees is allowed as long as it:
a. Is not discriminatory, harassing, retaliatory, abusive, illegal, inappropriate, or prohibited by this policy (for example, no social media use, no electronic dating, no gaming, etc.);
b. Does not interfere or conflict with City operations or the work performance of any City employees;
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; 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. The City expects employees to review and comply with these guidelines before posting or commenting on any City social media sites.

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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. 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 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.
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, 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 City of Willits
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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.
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.

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:
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.

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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. 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.
xiii. Discipline
Failure to follow this policy may result in discipline.

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SECTION 17. CHILD ABUSE AND NEGLECT REPORTING POLICY
The Child Abuse and Neglect Reporting Act (Penal Code, sections 11164 – 11174.3) 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 neglect.

Definitions
“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 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.

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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 harm or threatened harm to the child’s health or welfare.

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Responsibility for Reporting Child Abuse
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 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:
 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. 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.

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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.

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ACKNOWLEDGEMENT
I hereby acknowledge receipt of a copy of the Personnel Policies and 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:

ATTACHMENT A

CITY OF WILLITS
111 E. Commercial Street, Willits, CA 95490
(707) 459-4601 ● Fax: (707) 459-1562 ● .cityofwillits.org Resolution No. 2026-__ April 8, 2026

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Willits City CouncilMay 13, 2026

Willits City Council
May 13, 2026