WOODLAKE CITY
Mayor Mendoza • Vice-Mayor Ortiz • Councilmember Martinez • Councilmember Valero • Councilmember Wallace
REGULAR MEETING
CITY COUNCIL
350 N Valencia Blvd, Woodlake, CA 93286
559-564-8055 • www.cityofwoodlake.com
Date: December 8, 2025 (Monday)
Time: 6:30 p.m.
Place: City Council Chambers
145 N. Magnolia
Woodlake CA 93286
TELECONFERENCE MEETING
Zoom Meeting
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Meeting ID: 891 7614 1818
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In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, including auxiliary aids, translation requests, or other accommodations, or to be able to access this agenda and documents in the agenda packet, please contact City Hall at 559-564-8055 at least 3 days prior to the meeting.
The full agenda including staff reports and supporting materials are available at City Hall.
I. CALL TO ORDER & WELCOME
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL ATTENDANCE
IV. PUBLIC COMMENT
This portion of the meeting is reserved for persons wishing to address the Council on items within its jurisdiction but not on this agenda. NOTE: Prior to action by the Council on any item on this agenda, the public may comment on that item.
Unscheduled comments may be limited to 3 minutes.
All items on the Consent Agenda are considered to be routine and noncontroversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. Items pulled from the Calendar will be considered separately.
IV. CONSENT CALENDAR –ACTION AND INFORMATION ITEMS
Request Approval of the Consent Calendar Action Items (IV A-G) A. Action: Approval of Minutes of the regular meeting held on November 24, 2025 (Pages 1-28)
B. Action: Approval of Warrants (Pages 29-53)
C. Action: Adoption of Resolution: Approval of November 2025 Monthly Report of Investments (Pages 54-56)
D. Action: Adoption of Resolution: Approval of the Amendment to the City of Woodlake Personnel Administration Rules Handbook (Pages 57-197) E. Action: Adoption of Resolution: Deny Claim for Damages from JT2, Inc., dba Todd Companies (Pages 198-200)
F. Action: Adoption of Resolution: Approval of the 2026 City Council Meeting Schedule (Pages 201-202)
G. Action: Adoption of Resolution: Approve the Right of Way Acquisition Associated with the West Sequoia Multimodal Improvement Project Property 060-031-019 and Authorize the City Administrator to Execute All Necessary Documents (Pages 203-216)
V. ACTION/DISCUSSION ITEM
A. Action: Adoption of Resolution: Review and Appointment of Councilmembers to the Special Committees for Calendar Year 2026 (Pages 217-221) B. Action: Adoption of Resolution: Approve 3-Month Conditional Use Permit Extension for the Uncle Green Cannabis Business to Allow Verax Business Group to Bring the Business Into Compliance with City Cannabis Regulations (Pages 222-243)
C. Action: Adoption of Resolution: Award the Construction of the City of Woodlake Civic Center Project to 4C Global, Inc., dba 4Creeks Build (Pages 244-248) VI. OTHER BUSINESS
A. Information: Items from Staff
B. Information: Items from Council Member
C. Request from Council Members for Future Agenda Items VII. CLOSED SESSION
As provided in the Ralph M. Brown Act, Government Code sections 54950 et seq., the Governing Board may meet in closed session with members of its staff and its attorneys.
These sessions are not open to the public and may not be attended by members of the public. The matters the Council will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda. Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1 “Documents: If distributed to the Council less than 72 hours before a regular meeting, any public records which are subject to public inspection and pertain to an open-session item on the regular meeting agenda shall be available at the following address at the time they are distributed to a majority of the Council: 350 North Valencia Boulevard, Woodlake, California 93286. Public records distributed to the Council at a public meeting will be available to the public at such meetings if they were prepared by the City.
Exemptions and details in Government Code§ 54957.5 (a) shall apply.” II. ADJOURN
The next scheduled City Council meeting will be held on Monday, December 22, 2025, at 6:30 p.m. at City Council Chambers, located at 145 N. Magnolia, Woodlake, CA 93286 or via Zoom.
City Council:
Rudy Mendoza – Mayor
Frances Ortiz - Vice Mayor
William Valero – Councilmember
Misty Wallace – Councilmember
Jose L. Martinez - Councilmember
WOODLAKE CITY COUNCIL MINUTES November 24, 2025
PRESENT: Mendoza, Valero, Martinez, Ortiz & Wallace
VIA ZOOM:
PRESENT: Zamora, Lara, Llamas, Marquez & Zacarias
ABSENT:
FLAG SALUTE
PUBLIC COMMENT:
IV. CONSENT CALENDAR –ACTION AND INFORMATION ITEMS
Request Approval of the Consent Calendar Action Items (IV A-C) A. Action: Approval of Minutes of the regular meeting held on October 27, 2025 (Pages 1-16)
B. Action: Approval of Warrants (Pages 17-97)
C. Action: Adoption of Resolution: Approval of October 2025 Monthly Report of Investments (Pages 98-100)
ON A MOTION BY ORTIZ, SECOND BY MARTINEZ, IT WAS VOTED
TO APPROVE THE CONSENT CALENDAR. APPROVED
UNANIMOUSLY BY ROLL CALL VOTE.
V. ACTION/DISCUSSION ITEMS
A. Action: Adoption of Resolution: Appointment of a Woodlake High School Student to Serve as the Woodlake City Council Student Representative for the 2025-2026 School Year
City Clerk Zacarias reported the following: Annually, the City of Woodlake City Council nominates and appoints a student representative from the Woodlake Unified School District to serve as a liaison between the School and the City.
The student representative informs the Council of school functions, activities, sports and general news that may be occurring at the school.
At the October 27, 2025, council meeting, City Clerk Zacarias reported she had finished the recruitment for the student representative and alternate positions.
The deadline for the students to submit their application had concluded October 17, 2025. The student representative will serve for the 2025-2026 school year.
There were five applicants. All applications were submitted to Mayor Mendoza and Councilmember Wallace for review and interviews.
The following five applicants were interviewed:
1. Thomas Leedy
2. Noah Castillo
3. Andrew Garcia
4. Amritpreet Kaur
5. Gabriel Garcia
After all interviews were completed, Mayor Mendoza and Councilmember Wallace notified City Clerk Zacarias of the two that were chosen, Amritpreet Kaur and Gabriel Garcia.
ON A MOTION BY ORTIZ, SECOND BY MARTINEZ IT WAS VOTED
TO ADOPT THE RESOLUTION AND APPOINT AMRITPREET
KAURA AND GABRIEL GARCIA AS THE STUDENT
REPRESENTATIVES. APPROVED UNANIMOUSLY BY ROLL CALL
VOTE.
1 B. Information: Recognition of City of Woodlake Employee City Administrator Lara recognized Shane Headrick for 20 years of service with the City of Woodlake.
C. Information: City of Woodlake Project Updates
City Administrator Lara presented on all projects
D. Action: Adoption of Resolution: Public Hearing and Discussion to Accept the 2024 CalHome Conditional Award
PUBLIC HEARING
Community Development Director Llamas reported the following: CalHome Program regulations require that the City of Woodlake (City) conduct a public hearing on all CalHome-related matters to provide for and encourage citizen participation, particularly by low-and-moderate income persons who reside in areas in which CalHome funds are used.
On December 12, 2024 (amended on January 14, 2025 and January 17, 2025) HCD released the 2024 Homeownership Super Notice of Funding Availability (HOSN) for approximately $176.8 million in funds for the CalHome program ($143.1 million) and Joe Serna, Jr. Farmworker Housing Grant Program ($33.7 million).
Eligible activities predominately benefit low- and moderate-income Californians. The City submitted an application for First-Time Homebuyer Assistance Program in the amount of $500,000 and Owner-Occupied Rehabilitation Assistance Program in the amount of $500,000 totaling $1,000,000 on March 12, 2025.
On October 16, 2025, HCD made a conditional CalHome grant award to the City for the following:
• First-Time Homebuyer Mortgage Assistance Program: $500,000 • Owner-Occupied Rehabilitation Program: $500,000
A resolution to accept the acceptance of the conditional award of $1,000,000 for First-Time Mortgage Assistance ($500,000) and OwnerOccupied Rehabilitation Program ($500,000) within the City limits, under the 2024 CalHome Program.
The maximum assistance provided for First-Time Mortgage Assistance shall not exceed 40% of the purchase price, not to exceed $200,000.
The maximum assistance provided for Owner-Occupied Rehabilitation is $200,000 for housing rehabilitation and $250,000 for reconstruction projects.
PUBLIC HEARING OPENED: 6:54 PM
PUBLIC HEARING CLOSED: 6:55 PM
ON A MOTION BY MARTINEZ SECOND BY VALERO IT WAS
VOTED TO ADOPT THE RESOLUTION AND ACCEPT THE 2024
CALHOME CONDITIONAL AWARD. APPROVED UNANIMOUSLY
BY ROLL CALL VOTE.
E. Action: Adoption of Resolution: Approve the 3-Month GreenBean Conditional Use Permit Extension Request with Conditions – PUBLIC HEARING Community Development Director Llamas reported the following: The Woodlake Municipal Code allows for 3 maximum extensions per Conditional Use Permit. The City requires an Extension Application for any Conditional Use Permit which has not met conditions of approval and would like to apply for an extension to meet the conditions. The City may choose to extend CUPs to allow a business time to fully meet all the conditions listed in the CUP. A CUP permit extension request can be denied by the Planning Commission. An applicant who had their CUP extension denied may appeal the decision to City Council per Woodlake Municipal Code procedures set in Chapter 17.70 Permits and Applications.
GreenBean was issued its first Conditional Use Permit in January of 2018.
Since that date, GreenBean was subject to multiple extensions and a renewed 2 Conditional Use Permit after exhausting the allowable extensions under one CUP.
At the August 21, 2024, meeting, Planning Commission granted a 3-month CUP extension in agreement with GreenBean that their next milestone would be securing of the Caltrans Encroachment Permit to continue the work on the frontage of their property, which GreenBean agreed to and concurred its feasibility.
GreenBean failed to secure their Caltrans Encroachment Permit in due time, therefore at the November Planning Commission meeting the Planning Commission decided to deny the extension request.
At the time of the City Council meeting on January 13, 2025, GreanBean had submitted a successful Caltrans Encroachment Permit package and has secured the necessary performance and payment bonds to complete the pending improvements listed above; therefore, at the January 13, 2025, Council meeting GreenBean’s request for an appeal to the CUP extension request decision by Planning Commission was approved by City Council.
GreenBean was lastly subject to a 3-month extension on August 11, 2025, subject to the same conditions required from the 2018 CUP, which are listed below:
CUP 17-011 Retail - GreenBean. Complete all off-site improvements including, but not limited to, the construction of curb, gutters, sidewalks, drive approaches, and completed landscaping along Naranjo Blvd (SR-216).
GreenBean was on schedule to complete their off-site improvements as shared on their schedule at the August 11, 2025, City Council meeting, however, do to an issue identified in the field by the Caltrans Inspection team the GreenBean engineering consultant was requested to re-stake the construction surveying for the curb and gutter installation along State Route 216. This situation caused the schedule to be delayed and required the GreenBean contractor to remove the installed curb and gutter forming work, twice due to errors. The GreenBean contractor has now completed the curb and gutter concrete work and is now working on relocating a water service line for the property. GreenBean’s Caltrans Encroachment Permit will expire on January 30, 2026, therefore GreenBean’s team must complete their sidewalk concrete work by that date as the work is within state right-of-way.
PUBLIC HEARING OPENED: 6:57 PM
PUBLIC HEARING CLOSED: 6:58 PM
ON A MOTION BY ORTIZ SECOND BY WALLACE IT WAS
VOTED TO ADOPT THE RESOLUTION AND APPROVE THE 3
MONTH CUP EXTENSION WITH CONDITIONS. APPROVED
UNANIMOUSLY BY ROLL CALL VOTE.
F. Action: Adoption of Resolution: Suspension and Revocation of all Cannabis Regulatory Permits and the Conditional Use Permit for the Uncle Green Cannabis Business – PUBLIC HEARING
Community Development Director Llamas reported the following: For a Cannabis business to maintain their City issued regulatory permit, it must abide by Woodlake Municipal Code Chapter 5.48 Cannabis Businesses. Specifically, Section
5.48.140 Suspension and Revocation of Regulatory Permit or Employee Permit outlines the requirements to avoid suspension or revocation of the regulatory permit.
The cannabis business regulatory permit may be suspended or revoked by City Council if any of the following occur.
1. The Cannabis Operation is conducted in violation of any provision of this section, State Law, or any other applicable State law.
2. The Cannabis Operation is conducted in such a manner as to create a public or private nuisance.
3. A failure to pay the Regulatory Fee or Revenue Raising Fee required by this section. 3 4. A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the Premises, traffic control problems, or obstruction of the operation of another business.
5. A failure to comply with the terms and conditions of the Regulatory Permit or any conditional use permit issued in connection therewith.
6. Any act which would be considered grounds for denial of the Regulatory Permit in the first instance.
(See, Woodlake Municipal Code section 17.74.080).
For Cannabis businesses, in order to maintain a CUP in good standing the business must also not fail to pay their regulatory fees and cannabis taxes in a timely manner, as stated in Woodlake Municipal Code Chapter 5.48 – Suspension and Revocation of Regulatory Permit or Employee Permit.
Uncle Green had a conditional use permit issued to the cannabis business originally on November 26, 2018. The CUP has renewed and extended multiple times to allow the business to work towards getting their business established in the market, and to allow the business time to complete the following conditions:
CUPs 18-001 Cultivation, 18-002 Manufacturing, 18-003 Distribution, and 21-006 Non-Storefront Retail - Uncle Green. Meet all City Development Standards and State Building Code Requirements. Meet all State Requirements, laws, and regulations for cannabis businesses in the State of California.
Construct curb, gutters, sidewalks, streetlights on Naranjo (SR-216) and Road 196 need to be installed to meet design standards established by the City. All sidewalk areas and parking shall have ADA access and meet the design standards established by the City. Construction and install landscaping and irrigation in compliance with City’s design standards.
During November 2024 Uncle Green’s cannabis business license was no longer in good standing in accordance with Woodlake Municipal Code Chapter 5.48 Cannabis Businesses, as the City cannabis taxes and regulatory fees were outstanding, with cannabis taxes and regulatory fees being three quarters delinquent. Due to Uncle Green’s taxes and regulatory fees outstanding balance, their conditional use permit extension request at the November 2024 Planning Commission meeting was denied by the Planning Commission.
Uncle Green appealed the denied extension from the Planning Commission, and the extension request was considered at the January 13, 2025, City Council Meeting. City Council at the January 13, 2025, meeting agreed to extend the CUP for 3 months, and once again agreed to a 3-month extension lastly at the April 14, 2025, Council Meeting. These extensions were granted due to Uncle Green making some progress payments on their outstanding balances, and due to the incidents, which caused hardship for Uncle Green during the Spring of 2025.
As of today, Uncle Green has failed to catch up on their delinquent regulatory fees, cannabis taxes, nor make any progress on the site improvements required as conditions of the CUP. Uncle Green has apparently shut down their operations and no longer has a feasible path forward to comply with the requirements of the City’s Cannabis Business regulations.
Ryan Baker, President & CEO, Verax Business Group – Reported he has been appointed by the supreme court, via a court order to take over all aspects of Uncle Green. He has been granted whatever is necessary to stabilize the business. He has also spoken to city staff and appreciates the cooperation he is receiving. He asked that the extension be granted.
PUBLIC HEARING OPENED: 7:04 PM
PUBLIC COMMENT CLOSED: 7:05 PM
After much discussion, council decided to not take action on this item at this time and asked staff to bring back for the next scheduled council meeting. 4 VI. OTHER BUSINESS
A. Information: Items from Staff
Monique Mello, QK. – Reported she had attended 2 events where the City of Woodlake was presented award. The first was from WTS, for the roundabout project. The 2nd was from PWA for the sewer project. Great job City of Woodlake.
City Clerk Zacarias – Reported the annual Christmas parade is Dec. 13th, if council is interested in a float, please reach out to City Clerk Zacarias City Attorney Zamora – Reported the legislation updated the Brown Act with new regulations, these new rules do not apply to the City of Woodlake Chief Marquez – Reported the community forum they hosted last week went well and received a lot of good feedback from everyone.
Student Representative Kaura – Introduced themselves as the new student representative
Student Representative Garcia – Introduced themselves as the new student representative
B. information from Council
Councilmember Ortiz – Happy Thanksgiving
Councilmember Martinez – Reported he is very proud of city staff and all the great projects they have completed.
Councilmember Valero – Happy Thanksgiving
Councilmember Wallace – Happy Thanksgiving
Mayor Mendoza – Welcomed the students representatives and looks forward to a great year
VII. CLOSED SESSION
NOTICE TO THE PUBLIC
As provided in the Ralph M. Brown Act, Government Code sections 54950 et seq., the Governing Board may meet in closed session with members of its staff and its attorneys. These sessions are not open to the public and may not be attended by members of the public. The matters the Council will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda. Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1.
“Documents: If distributed to the Council less than 72 hours before a regular meeting, any public records which are subject to public inspection and pertain to an open-session item on the regular meeting agenda shall be available at the following address at the time they are distributed to a majority of the Council: 350 North Valencia Boulevard, Woodlake, California 93286. Public records distributed to the Council at a public meeting will be available to the public at such meeting if they were prepared by the City.
Exemptions and details in Government Code§ 54957.5 (a) shall apply.” 5 1. PENDING LITIGATION (Government Code § 54956.9). It is the intention of this governing body to meet in closed-session concerning:
Conference with legal counsel – Deciding whether or not basis exists for closedsession for anticipated litigation (Government Code § 54956.9(d)(3)).
Number of potential cases is: _1__.
MEETING MOVED TO CLOSED SESSION AT 7:22 PM
MEETING RECONVENED AT 7:30 PM
MAYOR MENDOZA STATED THERE WAS NOTHING TO REPORT.
VIII. ADJOURN
The next scheduled City Council meeting will be held on Monday, December 8, 2025, at 6:30 p.m. at City Council Chambers located at 145 N. Magnolia, Woodlake, CA 93286 or via Zoom.
City Council:
Rudy Mendoza - Mayor
Frances Ortiz - Vice Mayor
Jose L. Martinez – Councilmember
William Valero – Councilmember
Misty Wallace - Councilmember
Meeting adjourned at 7:31 pm
Submitted by,
Irene Zacarias
City Clerk
6 City of Woodlake Capital Project Updates
November 24, 2025
7 Citywide Sewer
Project (2025)
Project has now begun
the closeout stages.
Project should be closed
out at the December City
Council meeting.
8 Naranjo Boulevard
Clean CA Project (2025)
Entrance, parking, lighting and
landscaping near Garden and Park.
Curb, gutters, storm drain, sidewalks
and streetlights on Naranjo Blvd.
Projects is in construction. To be
completed by October 2025.
9 Naranjo Boulevard
Clean CA Project
(2025)
Once street improvements are
completed the public will have greater
pedestrian access and public parking.
Lighting will also enhance the area in
the evening while increasing safety.
10 Naranjo Boulevard
Clean CA Project
(2025)
ADA and pedestrian
improvements.
The improvements will
connect the District to the
downtown, park and garden.
11 Naranjo Boulevard
Clean CA Project
(2025)
Pedestrian pathways from City
Park to the new plaza are
being made.
Underground for lighting is
now complete.
12 Woodlake Civic
Center (2025)
The new Civic Center will house City
Hall and the Woodlake Police
Department.
The building and civil plans for the
project have been approved.
Bid opening for the project is set for
November 25th. 13
Woodlake Civic
Center (2025)
The project will be funded by:
$7,000,000 Senator Hurtado
$2,000,000 General Fund
$2,000,000 Measure R Local
14 Woodlake Civic
Center (2025)
15 Woodlake Civic
Center (2025)
16 Woodlake Civic
Center (2025)
17 Cajon Roundabout
(2025)
The 5 legged roundabout at Cajon
and Valencia Blvd. will fix a
dangerous intersection and make it
pedestrian friendly.
Project design is at 100 percent.
Project to be bid in winter of 2026.
18 Antelope Creek
Park (2026)
Project design is at 90 percent.
Project to be bid in summer of 2026.
The current park cost estimate is
over 20 million dollars. City staff has
been working on ways to bring the
budget down to the original budget
of 12 million dollars.
19 Antelope Creek
Park (2026)
City staff recommends the following
changes to bring the project back
within budget:
Minimizing the number of arbors
and the pavilion that can later be
installed by City staff.
20 Antelope Creek
Park (2026)
Minimizing the number of shade
structures within the pickleball
courts and dog park.
21 Antelope Creek
Park (2026)
Minimizing the amount of workout
equipment and areas throughout
the park.
22 Antelope Creek
Park (2026)
Minimizing the size of the joint:
restrooms, storage and concession
stand.
23 Antelope Creek
Park (2026)
Reducing the planting density in the
demonstration gardens.
Reducing the amount of educational
signage.
24 Antelope Creek
Park (2026)
Reducing the size of the skate area
and pump track.
25 Mulberry
Roundabout
(2026)
The roundabout at Mulberry St. and
Naranjo Blvd. will slow down traffic
when entering the City, while
enhancing an intersection that will
feed commercial and residential
development.
Project design is at 60 percent.
Project to be bid in summer of 2026.
26 Ropes Stormwater
Basin (2026)
The 20 acre basin is fully designed.
The basin would take in water from
the east and south side of the City.
The City is looking at funding
options for the construction of the
project.
27 Future Projects
Sequoia Safe Routes to School Project
– currently in design with right-of-way
set to begin.
Kaweah Stormwater Project – currently in design. Looking for funding options.
Olive Lane Stormwater Project – currently in design. Looking for funding options.
28 PAYROTL
City LL/I4/2O25
FiIe Ltlt4/2O25
citv Lt/28/202s
F|r'e L!/28/2025
City of Woodlake
Summary of Disbursments and Payroll
City Council Meeting December 8,2025
s88,5s2.92
Sr"o,1s7.i"s
587,647.48
5g,att.zt
DISBURSMENTS / WARRANTS
nlzs/2025
12/L/2025
WIRES
PAYROLL TAX WIRE CIry
USDA - Water Loan
USDA - Sewer Loan
USDA - Airport Loan
USDA - Fire Truck Loan
l, Ramon Lara, certify under penalty of perjury that the above listed accounts are due and payable to the best of my knowledge.
s33,048.30
s15,404.19
Total Disbursments 348,452.49
5 32,109.60
5 7,s76.74
Total Wire Amount Sent Out S 39,685.34
Amount to be Approved S 284,373.55
FIRE
Gross Payroll s196,234.82
City Ramon Lara
Ayes:
Noes:
Absent:
Abstain:
Passed and adopted at a regular meeting of the City Council of the City of woodlake on the 8th day of December 2025
by the following vote:
Mayor, Rudy Mendoza
City Clerk, lrene Zacarias
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NEGOTIABLE CHECKS
0.00 0.00
0.00 0.00
*EMPLOYEE CHECKS
*VENDOR CHECKS
*BANK CHECKS **TOTAL NEGOT]ABLE
COUNTS
CHECKS
0 0
0 0
OTHER CHECKS
NON-NEGOTIABLE CHECKS
88 ,552 .92
0.00 *MANUAL CHECKS
*CANCELLED CHECKS
*DIRECT DEPOSIT STUBS
*VENDOR DIR DEP STUBS
0.00 0.00
0 U
O. OO **TOTAL FOR CHECK FORM
35 0
32 rROLL ...F F-BIWEEKLY
]AP BY DEPT CHECKS/STUBS/MANUAL/CA\TC ' D
RUN-rt/L2/2025 1-2
PR31]_R-Vt4.24
52.42 PAGE 4
Paymate
pERroD 1 DATTNG rO/26/2025-rr/08/202s CHECK DATE r1/L4/ZOZS ]LOYER
)DE
FUND
CODE
HOME
TOTALS
WORKED
TOTALS
WORKED
DIR DEP
GRAND TOTALS
NEGOTTABLE CHECKS
0.00 0.00
0.00 0.00
0.00 10,157.t5
COUNTS
*EMPLOYEE CHECKS
*VENDOR CHECKS
*BA}TK CHECKS **TOTAL NEGOTIABLE CHECKS
*OTHER CHECKS ***TOTAL NEG, NON-NEG, OTHER CHECKS
TOTAL SEQ 1- FEMALES
0 0
0 0
OTHER CHECKS
O. OO *MANUAL CHECKS
O. OO *CA}TCELLED CHECKS
0.00 ***Gru\ND TOTAL
NON_NEGOTTABLE CHECKS
10, 1_57 . 15 *DTRECT DEPOSIT STUBS
O. OO *VENDOR DIR DEP STUBS
]-0, 157. 15 **TOTAL NON-NEGOTIABLE CHECKS
NEGOT]ABLE CHECKS/NON-NEGOTIABLE CHECKS
O. OO *EMPLOYEE CHECKS
O. OO *VENDOR CHECKS
O. OO *BANK CHECKS
10, l-57 . 15 'kDIRECT DEPOSTT STUBS
O. OO *VENDOR DTR DEP STUBS
10,157.L5 ***TOTAL NEGOTIABLE & NON-NEGOT
0 0
5 0
5 0
0 0
5 0
5 0
0 33
rROLL ...F F-BIWEEKLY
ICK FORM..STUB CHECK REGISTER
CHECK
NUMBER
1,44201 7 ,494 .97
L , 884 .52
3 ,269 .72
2 ,422 .17
1, 385 .77
L44208
]-44209
r44270
7442rr
TOTALS FOR CHECK FORM:
NEGOTIABLE CHECKS
0.00 0.00
0.00 0.00
STUB
Rtl\-rr/12/zoz5 12.52.42 PAGE 1
PR31IR-V:-.4.24 Paymate
PERTOD 1 DATTNG 1,0 /26/2025-Lt/ 08/2025 CHECK DATE 7L/L4/2025
DIRECT DEPOSTT IS TURNED ON
cHECK EMPLOYEE/eANr/VENDOR
AMOUNT NAME
CHECK
SEQ
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
CODE
4052
4042
4 018
4022
4056
ONLY
ONLY
ONLY
ONLY
ONLY
COTINTS
*EMPLOYEE CHECKS
*VENDOR CHECKS
*BANK CHECKS **TOTAL NEGOTTABLE CHECKS
0 0
0 0
OTHER CHECKS
NON-NEGOTTABLE CHECKS
10, 157. 1_5
0.00 *MANUAL CHECKS
*CANCELLED CHECKS
OO **TOTAL FOR CHECK FORM
0 0
n
00 00
0 U
*DIRECT DEPOSI
*VENDOR DIR DE
TS
PS
TUBS
TUBS
5 0
34 Y TNFORMATION
T T-L/ 2 03
FEATURE DISTRIBUTION
crTY - 0/T - PAYROLL #10 - 4Q 2025
Fy25 / 26 - 1,0 / 26 TO 1t / A8 pAyDAy J,1, / 14 / 2s
CUR AMT CUR HRS
RUN- 1-r/ 13 / 2
PR4BO
EMPLOYEE NAME
PAGE TOTALS ***FEATURE TOTALS *
EMP #
232
60321,4
227224
583572s93
594
595
597
s9B
!2 EMPLOYEES1,2 EMPLOYEES
290
3 31_
75 220
394
242
92220L
484
1,359
496
853
5, 870
L)
.84 . l_8.63
.09
.03.02.69.05.00.71.30.97
8715
10 4
1,6
3 8
26 111-B
118
.00.00.50.00.00.00.00.50.00.00.00.00.00
5,870.97 118.00
35 rROLL ...S C-BIWEEKLY
]AP BY DEPT CHECKS/STUBS/MANUAL/CANC'D
RUN-LL/25/2025 14.r2
PR3l_LR-V]- .24
02 PAGE 5
Paymate
pERroD 2 DATTNG lL/09/2025-Lt/22/ZOZ5 CHECK DATE LL/28/2025 ?LOYER
)DE
FUND
CODE
HOME
TOTALS
WORKED
TOTALS
WORKED
DIR DEP
GRAND TOTALS
NEGOTIABLE CHECKS
0.00 0.00
0.00 0.00
OTHER CHECKS
0.00 0.00
COUNTS
*EMPLOYEE CHECKS
*VENDOR CHECKS
*BANK CHECKS **TOTAL NEGOTTABLE CHECKS
*MANUAL CHECKS
*CANCELLED CHECKS
TUBS
TUBS
*OTHER CHECKS ***TOTAL NEG, NON-NEG, OTHER CHECKS
TOTAL SEQ ]- FEMALES
0 0
0 0
0 0
0.00 ***Gru\ND TOTAL
NON_NEGOTIABLE CHECKS
87,641.48 *DIRECT DEPOSI
O. OO *VENDOR DIR DE
0.00 87 ,64'7 .48
TS
PS
35 0
35 0
87, 647 .48 **TOTAL NON-NEGOTIABLE CHECKS
NEGOTIABLE CHECKS/NON-NEGOTIABLE CHECKS
O. OO *EMPLOYEE CHECKS
O. OO *VENDOR CHECKS
O. OO *BANK CHECKS
87 ,64'7 .48 *D]RECT DEPOSIT STUBS
O. OO *VENDOR DIR DEP STUBS
87,647.48 ***TOTAL NEGOTIABLE & NON-NEGOT 35
0 0
0 35
0 I
36 TROLL. . . . . . . .S C_BIWEEKLY
iCK FORM..STUB CHECK REGTSTER
CHECK
NUMBER
RUN- 11,/ 25 / 2025 1,4 .12
PR311R-VL4.24
02 PAGE 1
Paymat.e
pERroD 2 DATTNG Lr/oe/2025-J-r/22/zoz5 cHECK DATE tt/za/zozs
DIRECT DEPOSIT IS TURNED ON
L44252
r44253
1,44254
1-44255
144256
l-44251
L44258
]-44259
144260
L4426L
L44262
1,44263
r44264
1,44265
L44266
744267
1,44268
]-44269
14427 0
L4427I
144272
]-44273
74421 4
t4427 s
2 ,832 .42
5 ,649. 0g
3,559.78
2,936.15
L ,524 .90
3,L91-.88
3 ,57 0 .43
2,83 5 . 98
L,352 .96
\ , 495 .52
1,857.59
L,437 .26
2,704.L3
2,48'7.14
3,37 5.89
3 ,993 .09
2,484.13
3 ,287 .39
3,686.26
1-,958.59
1,,8O7 .40
L ,582 .06
2 ,563 .5r
r ,7 66 .54
CODE
233
208
555
2L0
206
234
225
207
L13
)tq
603
s55
583
584
512
549
593
594
595
601
597
604
598
2l-5
CHECK
SEQ
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
1 STUB
]. STUB
1- STUB
]. STUB
1- STUB
ONLY
ONLY
ONIJY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
ONLY
CHECK EMPLoYEE/SANK/VUNDOR
AMOUNT NAME
37 rRoLL. . .
ICK FORM
...S C-BIWEEKLY
STUB CHECK REGISTER
pERroD 2 DATTNG L1- / 09 / 2025 -1,1, / 22 / 2025
DIRECT DEPOSIT IS TURNED ON
CHECK DATE L1, / 28 / 2025
RUN-11,/25/202s L4.12
PR31LP.-V]- .24
02 PAGE 2
Paymate
CHECK
NT]lViBER
L442'7 6 L,87L.25
r ,454 .89
2 ,295 .52
2 , 654 .45
2 , rL4 .74
1,825 .07
2,559 .39
2,48 0 . 90
2,LL9.54
2,46 I . 18
L,864 .0'7
1,4427 7
L4421 8
1,442'7 9
J,44280
L44287
L44282
L44283
L44284
L44285
144286
TOTALS FOR CHECK FORM
NEGOTIABLE CHECKS
0.00 0.00
0.00 0.00
cHECK EMPLOYEE/BANK/VSNDOR
AMOUNT NAME CODE
L34
232
223
227
2L8
230
209
2IL
2L4
188
224
CHECK
SEQ
0 1 STUB ONLY
1 STUB ONLY
1 STUB ONLY
1 STUB ONLY
]. STUB ONLY
]. STUB ONLY
1 STUB ONLY
1 STUB ONLY
1 STUB ONLY
1 STUB ONLY
1 STUB ONLY
STUB
*EMPLOYEE CHECKS
*VENDOR CHECKS
*BANK CHECKS **TOTAL NEGOTIABLE CHECKS
STUBS
STUBS
COUNTS
35 0
0 0
n
OTHER CHECKS
0.00 0.00
NON-NEGOTIABLE CHECKS
87 ,647 .48
0.00 O.OO **TOTAL FOR CHECK FORM
*MANUAL CHECKS
*CANCELLED CHECKS
*DIRECT DEPOSIT
*VENDOR DIR DEP
0 0
38 rROLL ...F F-BIWEEKLY
]AP BY DEPT CHECKS/STUBS/MANUAL/CANC'D
RUN-rr/24/2025 r'7 .25.19 PAGE 4
PR3l-1-R-VL .24 Paymate
pERroD 2 DATTNG Lt/09/2025-LI/22/ZOZ5 CHECK DATE rt/28/2025 )LOYER
)DE
FUND
CODE
HOME
TOTALS
WORKED
TOTALS
WORKED
D]R DEP
GRAND TOTALS
NEGOTTABLE CHECKS
0.00 0.00
0.00 0.00
0.00 9 ,817 .27
*EMPLOYEE CHECKS
*VENDOR CHECKS *BAIIK CHECKS **TOTAL NEGOT]ABLE
*OTHER CHECKS ***TOTAL NEG, NON-NEG, OTHER CHECKS
TOTAL SEQ ]- FEMALES
COUNTS
0 0
0 CHECKS 0
OTHER CHECKS
O. OO *MANUAL CHECKS
O. OO *CA\TCELLED CHECKS
0.00 ***GIU\ND TOTAL
NON-NEGOTIABLE CHECKS
9,87'7.27 *DIRECT DEPOSIT STUBS
O. OO *VENDOR D]R DEP STUBS
9,871 .2'7 **TOTAL NON-NEGOTTABLE CHECKS
NEGOTIABLE CHECKS/NON-NEGOTIABLE CHECKS
O. OO *EMPLOYEE CHECKS
O. OO *VENDOR CHECKS
O. OO *BA}ilK CHECKS
9,8'77.2'7 *DIRECT DEPOSIT STUBS
O. OO *VENDOR DTR DEP STUBS
9,877.27 ***TOTAL NEGOTTABLE & NON-NEGOT
0 0
5 0
5 0
0 0
5 0
5 0
0 39
rRoLL. . .
iCK FORM
CHECK
NUMBER
144247
144248
l.44249
t44250
L4425L
...F F-BIWEEKLY
STUB CHECK REGISTER
PER]OD 2
DTRECT D
CHECK
AMOUNT
L,494 .97
r,658.31
3 , 240 .22
2, 098.00
1.385.77
RUN- rL / 24 / 202s r'7 .2s . 1- 9 PAGE 1
PR3l-l-R-VL .24 Paymate
DATTNG 1r/ 09/2025-7r/22/202s CHECK DArE 7r/28/2025
EPOSIT IS TURNED ON
TOTALS FOR CHECK FORM
NEGOTIABLE CHECKS
0.00 0.00
0.00 0.00
EMPLOYEE/eamn/VENDOR
NAME
STUB
*EMPLOYEE CHECKS
*VENDOR CHECKS
*BANK CHECKS **TOTAL NEGOTTABLE CHECKS
CODE
4052
4042
4 018
4022
4056
CHECK
SEQ
1 STUB ONLY
1 STUB ONLY
1 STUB ONLY
]. STUB ONLY
1 STUB ONLY
COUNTS
0 0
U
0 OTHER CHECKS
0.00 0.00
*MA}TUAL CHECKS
*CANCELLED CHECKS
O. OO **TOTAL FOR CHECK FORM
0 U
NON-NEGOTIABLE CHECKS
9 ,877 .27
0.00 *DTRECT DEPOST
*VENDOR DIR DE
t-D
PS
TUBS
TUBS
5 0
40 Y INFORMATION
T T-r/2 03
FEATURE DISTRIBUT]ONcrTY - o/T - PAYROLL #1_1 - 4Q 2025 Fy25/26 - rL/As ro L1_/22 pAyDAy 1t/28/25
CUR AMT CUR HRS
RUN-7:-/25/2
PR4BO
EMPLOYEE NAME
PAGE TOTALS ***
FEATURE TOTALS *
EMP
#
223
227224
583
584572
594
595
604
s98
1O EMPLOYEES1O EMPLOYEES
397551374
242
627
69r
726
1- ,254
72 3'7 9
5,31-5
.74.58.39
.03.23.51-.09
.46.00.25.68
9 t2
9 4
1_21,2
1,2
24 2
8 l-05
.00
.50.50.00.00.00
.00.00.00
.00.00
5,315.69 l_05.00
41 ACS FINANC LL/25/2025
BANK
IAL SYSTEM
13:
VENDOR
Check Regi-ster
CHECK#
CITY OF WOODLAKE
GL54OR.VO8 .22 PAGE 1
DATE AMOUNT
33, 048 .30
***
BANK BANK OF THE SIERRA
002404002363
0024L9
0 01913001_888 o0243L002318000054000801
oo2409
00244r
000283
002464
7778L777827778377784
I I tta\
7778577787111 B877789
17'1 90
7779r777927779377794
600.00
33.04 4 ,38L .49 1s0.00
150.00
644 .07
2, 000 . 00 l_,000.00 409.70
56L .7 0
400.00400.00450.00
00206s001_970 00r_95800231_1_ oo2394
002366002443
AGUAYO/EMILIOAUTOZONE STORE 4485AVENU INSTGHTS & ANALYTI
BATES/CONNOR
CARRILLO,/JARED CECILS GARAGE
CMRS-POC/US POSTAL SERVI
ELICK,/ALEXEMPLOYMENT DEVELOPMENT D
FRU]T GROWERS SUPPLY CO, GARCIA/RAQUEL
GONZALEZ / TGNACIOHERRERA/tHOMAS
KNTGHT/.TESSE
MARTINEZ/MARTIN
PACE SUPPLY CORP
PORTERVILLE ASPHALTPRINCIPAL LIFE INSURANCE
RAMOS/JOSE
RODRIGUEZ /ANDRES
SANDOVAL/MATTHEWSCHMTDT/AIDENSOTO PEREZ/GRACIELASTANTEC CONSULTING SERVT SUPER]OR POOL PRODUCTS L SWRCB FEES
TELSTAR INSTRiJMENTS INC.
VESTIS
WELCH/ZACIIARY
BANK OF THE SIERRA
111'7 B
7777977780
1-1/ 25 /25 LL/25/251-1-/25/2s rr/25 /25
11-/2s /25 1,1,/2s/2s !7/25 /25 lL/ 25 / 25 tL/ 2s / 2s Lr/25 /25 LL/25 /25 L1-/25/2s 1-1, /.25 /.25 Lr/25/25
1,1- /.25 / 25 aL/25/25
7a/25 /25 rr/25/2sL1-/25 /25 Lt/2s/25 tt/25/25 LL/2s/2s1,1,/2s/2s 1,L/2s/25 1,1,/25/2s1,1, /.25 /.25 LL/25/2s Lr/25 /.2s 1-L/2s/25 0023220024!20023L9
oo2321-002462
0 0114 5001_80s 000280000988
r_,200 .00 100.001",694 .23 6L2.88
3 ,534 .17 125.00 4s0.00
500.00 1s0.00
395.00
4,4L7 .55
5r-5 .55 4,726-00
2 ,
O22 .00124.2L
77795777967779871't 99718007780L118021180377 80477805
77806 600.00
42 ACS FINANCIAL SYSTEM L:-/25/202s r-3:
BANK VENDOR
REPORT TOTALS:
Check Register
CHECK#
RECORDS PRTNTED 000070
CITY OF WOODLAKE
GL54OR-V08.22 PAGE 2
DATE AMOUNT
33,048.30
43 ACS FINANCIAL SYSTEM
1,1, /25 / 2o2s !3 : L4 : o4
VENDOR NAME
DESCRTPTION
AGUAYO/EM]LIO RESERVE SHIFT A1/25
AUTOZONE STORE 4485 rMP EXT/GRTOTS L1-/2sAVENU INSIGHTS & ANALYTI APP HSTNG/SOFTWARE L1-/25
BATES/CONNOR
RESERVE SHrFT :.1"/2025
CARRILLO/,JARED
RESERVE SHIFT LL/2025
CECILS GARAGE
SMOG CHECK 1.L/25
RADIATOR/COOLNT Lt/25
CMRS.POC,/US POSTAL SERVI
AMOUNT
500.00
33.O4
4 ,38L .49
150.00150.00
46 -75
5Y I .32
644 -07
Schedul-e of Bills
ACCOUNT NAME FUND & ACCOUNT
VOLUNTEERS - STIPEND OO4.041,4. O5O. O6O
SPEC]AL DEPARTMENT EXPEN 063.0453.050.029
SPECfAL DEPARTMENT EXPEN OO1. 04]-0. 06O.029
VOLI]NTEERS - STIPEND OO4.O4T4. 06O. 06O
VoLUNTEERS - STIPEND 004.041,4.060.050
CLAIM
CITY OF WOODLAKE
GL54OR-V08.22 PAGE 1
INVOfCE PO# F/P ID LTNE
1L/4-LL/28/25
0448529s832
rNVB-056651
L:-/LL/202s
u./L5 / 202s
NOVEMBERNOVEMBERNOVEMBERNOVEMBER
050050050060060060
0411_0 411 00r_ 001
000000
Tt/25
1-1- / 251L'/ 2025 LL/25
060050050050060060050060050060060050050
o42t
042L
042L
o421-
042L
0418
0463
o421-042J0418041_ 5
00r001001
00100100105300r_0 01_0010 01_063001
7L
50 05
48 97L48550B5
4B
94 57
46 70
8lL2
67582537
VEHICLE MAINTENANCE/OPERVEHICLE MAfNTENANCE/OPER *VENDOR TOTAL o32 0207 45
t 0207 51
484 00014
484 00033484 00048484 00001484 00013484 00034 484 00035 00012000r-r_
484 00053
30 POSTAGEPOSTAGEPOSTAGEPOSTAGE
MACHfNCEMACHINEMACHTNEMACHINE
600500500200
2,OO0
06r_.0451 062 .0462
063.0463001.041_0
0000
022022 n)) i))
POSTAGEPOSTAGEPOSTAGEPOSTAGE *VENDOR TOTAL
VOLUNTEERS - STIPEND
VOLUNTEERS - STIPEND *VENDOR TOTAL
00049000500005100052
484484444484
484484
2025
202520252025
rt/L3-Lt/27 / 77/77 & LL/2 ELICK/ALEX RESERVE SHIFT LL/25 SPECIAL EVNT DTL 1.1./25 750 250 0000 00 004.04r4. 050.060004.04'J.4. 050 .060
)tr,1
1, 000
409 NOVEMBER 2025
EMPLOYMENT DEVELOPMENT D
EMPLEE W/HOLDTNGS 1,1,/25
FRUIT GROWERS SUPPLY CO.
TEFLON,/PVC,/CMNT LL / 25TWTSTEMS/WRAP r_r_/25 FENCE SAFETY t7/2s POTTfNG SOrL Lt/2s
couPLER PVC LI/2s
FUEL MIX 1,L/25 covERALL CLOTH tL/25
couPLER PVC LL/25 PrPE PVC 1,1,/25 FrLM STRETCH 1,1/25 TIE DOWN STRAP At/25 CMNT/COUPLER/PVC 1L / 25 CHATN/FILE II/25
1O GARNISHMENT OF WAGES WIT OO]-. OOOO.2OO. O33
57-
65.L2-3t.
46. 561.
nrq
029029029o29029029029029029o29o29o29
9256227 9
Y 256 ZZY Z
925624529255259492562849925630L492s5338r_ 92s63599
925636L79256401392s645299256600792566206
484484444484444484484484484484484
484484
00015000170001800019000200002ro002200023
00024
0002500026
00027
00028
SPECIAL DEPARTMENTSPECIAL DEPARTMENTSPEC]AL DEPARTMENT SPECIAL DEPARTMENTSPECIAL DEPARTMENTSPECIAL DEPARTMENTSPECIAL DEPARTMENTSPECIAL DEPARTMENTSPECTAL DEPARTMENT
SPECIAL DEPARTMENT
SPECIAL DEPARTMENTSPECIAL DEPARTMENTSPECIAL DEPARTMENT *VENDOR TOTAL EXPEN
EXPENEXPENEXPENEXPENEXPENEXPENEXPENEXPENEXPENEXPENEXPENEXPEN 0463042L
44 ACS FINANCIAL SYSTEM 1,t/25/2025 !3:14:O4
VENDOR NAME
DESCRTPTION
GARC,IAlRAQUEL
ROAR SCCULENT EVNT LL/2s
GONZALEZ / IGNACIO sHrFT COVERAGE 2 r't /25HERRERA/THOMAS RESERVE SHIFT LL/2025
KNIGHT/.JESSE
sHrFT COVERAGE 2 .1-7/25 RESERVE SHIFT Lr/2025
MARTINEZ/MARTIN
SHIFT CVERAGE L !L/25
PACE SUPPLY CORP
wDG ACTN ACC PVC 1-1-/25
PORTERVILLE ASPHALT
SUPPLTES ta/25
PRINCIPAL LIFE INSURANCE
EMPLYER CNTRBTNS LL/25EMPLYER CNTRBTNS LL/25EMPLYER CNTRBTNS 1,1,/25EMPLYER CNTRBTNS 1,I/25EMPLYER CNTRBTNS 1,1,/25EMPLYER CNTRBTNS AT/25EMPLYER CNTRBTNS 77/.25 EMPLYER CNTRBTNS 77/25EMPLYER CNTRBTNS 1A/25EMPLYER CNTRBTNS LL/25EMPLYER CNTRBTNS LL/25EMPLYER CNTRBTNS LL/25EMPLYER CNTRBTNS TT/25EMPLYER CNTRBTNS ]-1./25 EMPLYER CNTRBTNS 1.1./.25EMPLYER CNTRBTNS 1.1./25 EMPLYER CNTRBTNS 1-1-/25
POLTCE EMPLOYEES 1,1,/25 FIRE EMPLOYEES 1,1,/25
RAMOS/JOSE
SPECIAL EVNT DTL 11,/25
RODRIGUEZ/ANDRES
RESERVE SHrFT 1L/2025
Schedule of Bills
AMOUNT ACCOUNT NAME FUND & ACCOI]NT
4OO. OO ROAR PROGRAM 001 . 0421 . 060 . 075
4OO. OO VOLI]NTEERS ST]PEND 004 .o41-4. 050 . 050
VOLUNTEERS - STIPENDVOLUNTEERS _ STIPEND *VENDOR TOTALVOLI]NTEERS - STIPEND OO4 SPECIAL DEPARTMENT EXPEN 053SPECIAL DEPARTMENT EXPEN 063 CLAIM
CITY OF WOODLAKE
GL54OR-V08.22 PAGE 2
INVOICE PO# F/P ID L]NEaa/t5/2025to /28-LL/3 /25
45O. OO VOLTINTEERS STIPEND oo4.o41-4.060 .050 Ta/7-aa/30/25 050
050
484 00031484 00004484 00008
484 00005 484 00005 5060
20 000
00 0
00 r/2r/25/24/25
t1- / 1-7 - LL'/ 3 -L 060 050 04L4 041-4 004 004 t_1
t_ 0
r-00.00
L,694.23
6L2.88
HEALTHHEALTHHEALTHHEALTHHEALTHHEALTHHEALTH
HEALTH
HEALTH
HEALTHHEALTHHEALTHHEALTHHEALTHHEALTHHEALTHHEALTH
HEALTHHEALTH *VENDOR
]NSURANCETNSURANCEINSURANCEINSURANCEINSURANCEINSURANCEINSURANCEINSURANCE]NSURANCE]NSURANCE
INSURANCEINSURANCEINSURANCEINSURANCEINSURANCEINSURANCETNSURANCETNSURANCE
INSURANCE
TOTA],
ra/re /25
1-9LO9657 421-1-894
DECEMBERDECEMBERDECEMBERDECEMBERDECEMBERDECEMBERDECEMBER
DECEMBERDECEMBERDECEMBERDECEMBERDECEMBERDECEMBERDECEMBERDECEMBERDECEMBERDECEMBERDECEMBER
DECEMBER
484484484
0003900039
04r4o4630463
060
060060
050
o29o29
484
484484
000r_5
0003s00037
L35 .02775.L36L2 .48
54 -96 173.85L7.99 0.51 6.6820.7L
732 .99
498.56 3,534.77
0720 41-001
001004
0463.0s0
0429 .050 0406.050
0460.0500472 .0500441.0500402.0500411.0500414.050
008008008008008008008008
008008008008008
20252025202520252025202520252025
20252025 tatc2025202s202s2025202520252025
2025
484484484484484484484484
484484484484484484
00000000
001.0403 - 050001-.0404.05000r-.0405.050001-.0415.050001.0416.050001.04r_8.050 001.0421.050 063
029
001060
58.7979.2L
24 .99
95.50 52 .46
135 .20
33.2125.53
008008I
I8
484484
0003900039000390003900039
00L.0422
051.0461062.O452
000390003900039
000390003900039
0003 9
0003900039000390004000041
050050050
125.00 VOLUNTEERS STTPEND o04 -04'J.4.060.060
45O. OO VOLI]NTEERS STIPEND 004.04L4.060.060
1"r /L4 / 2stL/s-tr/L2/25
484 00010
484 00007
45 ACS FINANC 1L/25/2o2s IAL SYSTEM L3zL4z04 Schedule of Bi11s
AMOUNT ACCOUNT NAME FUND & ACCOUNT
600.OO VOLUNTEERS - STIPEND 004.0414.060 .06015O.OO VOLUNTEERS - STIPEND o04.04L4. 050.060 395.00 SPECIAL DEPARTMENT EXPEN 062,0462.060.029
CAPTTAL EXP - INFRASTRUC 062.0462.080.053
CoNTRACTURAL SERVTCES 063.0463.050.028 *VENDOR TOTAL
CLAIM INVOICE PO#
tr/8-ar/28/25
L1,/ e /202s
311 N. CYPRESS
24861 552444166Q20333L2
sw-0331_920 wD-03081_07
L29625
ocroBER 202socToBER 2025ocToBER 2025ocToBER 2025
aT/a-aT/23 /25
CITY OF WOODLAKE
GL54OR-VOB.22 PAGE 3
F/P ID L]NE
484 00009
484 00002484 0004'7
00030
00054
484 00055
484 00046 484 00038
484 00032
SANDOVAL/MATTHEW
RESERVE SHIFT 1-1-/2025
SCHMIDT/AIDEN
RESERVE SHIFT 1-1-/202s
SOTO PEREZ/GRACIELA
RTR ROOTR RMBRSMNT L],/2s
STANTEC CONSULTING SERVI
swR cLLcrN TMPVMNT LL/25 2025-2027 GW MNTR !t/25
VENDOR NAME
DESCRIPTION
SUPERIOR POOL PRODUCTS
SODTUM HYPOCHLRTE 11
484484
L
/25
2, 81_8 . 05
r ,599 .60 4,4L7.65? q4q
4 ,726
L34.25
36.15 432.20
L2L .6A
724.21
51.6.56 SPECIAL DEPARTMENT EXPEN 063.0453 .050.O29
SWRCB FEES
ANNUAL PERMTT FEF' I-I-/25ANNUAL PERMIT FEE 1.'J-/25
000000
0010 01_062063
LI/ tL/2
Ta/.2 Lr/2
7 81- CONTRACTURAI. SERVICES
CONTRACTURAL SERVTCES *VENDOR TOTAL
SPECTAL DEPARTMENT EXPEN
UNIFORM ALLOWANCEUNIFORM ALLOWANCEUN]FORM ALLOWANCE *VENDOR TOTAL 063.0463.050.028
062.0462. 060 . 028
TELSTAR INSTRI]MENTS vEHrcLE TOOLS r-r-lVESTIS
UNIFORM SERVICES
UNIFORM SERVICEUNIFORM SERVICEUNIFORM SERVICE
INC
)q 2,022.00 CoNTRACTURAL SERVTCES 062.0462.050.028
25 025
55 0410041_ B 0462
0463
060
050050050
029
011011011
484
484484484
00042
00043000440004s
WELCH/ZACHARY
RESERVE SHrFT |a/202s 5OO. OO VOLUNTEERS STIPEND oo4.o41-4.060 . 060 484 00003 46 ACS FTNANCIAL SYSTEM LL/25/2025 L3:1-4:04
VENDOR NAME
DESCRIPTION
REPORT TOTALS
Schedul-e of Bills
FUND & ACCOUNT CLATM INVOICE
CITY OF WOODLAKE
GL54OR.VO8 .22 PAGE 4
AMOi]NT PO# F/P ID LINE
33, 048 .30
ACCOT]NT NAME
RECORDS PRTNTED 000070
47 ACS FINANCIAL SYSTEM rr/25/2025 1-3:.1-4:04 CITY OF WOODLAKE GLO6OS-VO8 . 22 RECAPPAGE GL54OR
Schedule of Bills
THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT
DATE APPROVED BY
48 ACS FINANCIAL SYSTEM
L2 / 0L / 2025 1_6 :
BANK VENDORBANK BANK OF THE SIERRA
001955 BANK OF THE SfERRA
BANK OF THE STERRA
Check Register
CHECK#
C]TY OF WOODLAKE GL54OR-VOB .22 PAGE 1
DATE AMOUNT
'77807 12/0r/25 1-5 ,404.L9
1-5 ,404 .L9 ***
49 ACS FINANCIAL SYSTEM L2/0L/2025 L6:
BANK VENDOR
REPORT TOTALS:
Check Register
CHECK#
RECORDS PRINTED 000001
CITY OF WOODLAKE
GL54OR-V08.22 PAGE 2
DATE AMOUNT
75 ,404.L9
50 ACS F]NANCIAL SYSTEM L2/0L/2025 L6-.L6-.04
VENDOR NAME
DESCRlPTTON
BANK OF THE SIERRA
BSCC GRANT EQPMNT 1.2/25
Schedule of Bi11s
AMOUNT ACCOUNT NAME FUND & ACCOI]NT
15,404,1.9 SPECIAL DEPARTMENT EXPEN 001.0411.060.029
CLAIM INVOICE
C]TY OF WOODLAKE GL54OR-V08.22 PAGE 1
PO# F/P TD LINE
504 0000r_
51 ACS FfNANCIAL SYSTEM 12/01/2025 L6:16:04
VENDOR NAME
DESCRIPTION
REPORT TOTALS:
Schedule of Bi1ls
FUND & ACCOUNT CLAIM INVOICE
CITY OF WOODLAKE
GL54OR_V08.22 PAGE 2
AMOUNT PO# F/P ID LINE
15 ,404.L9
ACCOLINT NAME
RECORDS PRINTED - OOOOO].
52 ACS FfNANCIAL SYSTEM 12/07/2025 16:16:04 Schedule of Bi11s THE PRECEDTNG L]ST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT.
DATE APPROVED BY
CTTY OF WOODLAKE
GLO6OS-VOB . 22 RECAPPAGE
GL54OR
53 City of Woodlake
AGENDA ITEM IV-C
December 8, 2025
Prepared by Ramon Lara, City Staff
SUBJECT:
Action: Adoption of Resolution: Approval of November 2025 Monthly Report of Investments BACKGROUND:
Pursuant to Section 3.24.050 of the Woodlake Municipal Code the Finance Department prepares a report listing all investments of the City of Woodlake. The City’s temporary idle cash, those funds not immediately needed to pay current bills, is invested in accordance with the City’s Investment Policy that was approved by Resolution No. 25-36 which was adopted on May 27, 2025.
DISCUSSION:
The first objective of the investment policy is to secure the safety of the invested funds. The second objective is to match the availability (liquidity) of the funds to the cash flow needs of the organization. The third objective, that is only considered after the first two objectives have been met, is yield, or the earnings rate.
RECOMMENDATIONS:
Staff recommend that the Council approve the November 2025 Monthly Report of Investments as submitted.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
1. Resolution: Approval of the November 2025 Monthly Report of Investments
2. November Monthly Report of Investments
54 BEFORE THE CITY COUNCIL
OF THE CITY OF WOODLAKE
COUNTY OF TULARE
STATE OF CALIFORNIA
In the matter of:
APPROVAL OF NOVEMBER ) Resolution No.
2025 MONTHLY REPORT OF )
INVESTMENTS )
Councilmember __________ offered the following resolution and moved its adoption. Approve the City of Woodlake’s November 2025 Monthly Report of Investments.
WHEREAS, pursuant to Section 3.24.050 of the Woodlake Municipal Code, monthly, the Finance Department shall prepare a report listing of all investments of the City of Woodlake; and WHEREAS, the City’s temporary idle cash, those funds not immediately needed to pay current bills, is invested in accordance with the City’s Investment Policy that was approved by Resolution No. 25-36.
NOW, THEREFORE, THE CITY OF WOODLAKE DOES RESOLVE to approve the City of Woodlake’s November 2025 Monthly Report of Investments.
The foregoing resolution was adopted upon a motion of Councilmember ________ and seconded by Councilmember __________ and carried by the following vote at the City Council meeting held on December 8, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Rudy Mendoza, Mayor
ATTEST:
_______________________________
Irene Zacarias, City Clerk
55 City of Woodlake - lnvestment Report
0.000/o CDs
to
LAIF
1 0.33%
VBB
Checking
72.460h
Measure S
o.o10/.
O.42o/o
November 30,2025
Settlement
lnvestment Twe
Checking - Bank of the Sierra
Checking - Asset Forfeiture
Measure S - cash
LAIF
MBS - miscel Portfolio Holdi
FCU El Paso Tex Sh CTF - 12115125
CR UN tLL - 12130125
Private BK Natl Assn -
KCB BK Lakin Kans CFT - 04117128
Bom Bk LA CTF - 0611
Central Bk Little Rock Ark CTF
Total Portfolio
that
Principal
$10,405,749
$59,732
$1,826
$1,483,534
$o
$200,640
$251,020
$98,528
$249,915
$98,790
$250,013
$149,700
$250,148
$49,948
Percent of
Portfolio
70.52o/o
0.40o/o
0.01o/o
10.05%
0.00%
1.360/o
1.70%
0.670/0
1.690/0
0.670/o
1.690/o
1.01o/o
1.70%
0.34%
0.36%
1.70%
1.70%
0.98%
0.98%
0.7404
1.72o/o
Yield to
Maturitv
None
0.05%
None
0.75o/o
Date Maturitv
N/A
N/A
N/A
N/A
NiA
Monthly
N/A
Daily
MBS
MBS
MBS
MBS
MBS
MBS
MBS
MBS
MBS
N/A
5.00o/o
510%
4.00%
4.05%
4.20%
4.40%
4.25o/o
4.400h
4.3oo/o
0.01 4.65%
4.65%
4.70%
4.70%
4.80%
4.75%
N/A
12t13t23
12t30t22
10t18t24
09117124
11t18124
01122125
04117124
06116125
06118125
N/A
10t26t22
10t26t22
11t01t22
06t28t24
07t03t24
10t26t22
Monthly
12115125
12120125
04116127
09117127
11117127
01t24t28
04t17128
06t16t28
06t20128
Fin500
Fin500
Fin500
$52,733
$250,218
$250,218
$145,280
$143,921
$109,718
$254,1 30
Monthly
10127125
10127125
11102126
06128127
07106127
10126127
Fin500
Fin500
Fin500
$14,755,758 l0oo/o
report of investments complies with the City's adopted investment policy and with state investment guidelines pursuant to Government Code Section 16481 .2 12104125
JP BK lnstl CTF Book
American Natl Bk EB CTF
Kemba Finl Cr Un Sh CTF - 01
, City Administrator Date
56 City of Woodlake
AGENDA ITEM IV-D
December 8, 2025
Prepared by Ramon Lara, City Staff
SUBJECT:
Action: Adoption of Resolution: Approval of the Amendment to the City of Woodlake Personnel Administration Rules Handbook
BACKGROUND:
The City of Woodlake’s current Personnel Administration Rules Handbook was initially approved by the City Council on June 10, 2013.
The purpose of the City of Woodlake Personnel Administration Rules Handbook is to inform City staff of current personnel rules. The handbook outlines rules such as:
pre-employment, probation, transfers, classifications, layoffs, resignations, dismissals, grievances, working hours, holidays, vacation, sick leave, scheduling, retirement, sexual harassment, drug free work place, family leave, jury duty, etc.
DISCUSSION:
The Personnel Administration Rules Handbook is reviewed periodically to assure that the City is compliant with local, State and Federal laws. As part of this review, any changes to the handbook were highlighted in yellow for easy identification. The attached handbook will become effective January 1, 2026. The changes were recommended by LCW (Liebert Cassidy Whitmore) on behalf of the City of Woodlake risk management agency.
Once the amended handbook has been approved, the administration will review the handbook with all employees affected and provide them with a copy.
RECOMMENDATIONS:
Staff recommend that the City Council approve the attached amended City of Woodlake Personnel Administration Rules Handbook.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
1. Resolution: Approval of the Amended City of Woodlake Personnel Administration Rules Handbook
2. Attachment No. 1 - City of Woodlake Personnel Administration Rules Handbook 57 BEFORE THE CITY COUNCIL
OF THE CITY OF WOODLAKE
COUNTY OF TULARE
STATE OF CALIFORNIA
In the matter of:
APPROVAL OF THE OF THE AMENDMENT ) Resolution No.
TO THE CITY OF WOODLAKE PERSONNEL )
ADMINISTRATION RULES HANDBOOK )
Councilmember _______, offered the following resolution and moved its adoption. Approval of the amendment to the City of Woodlake Personnel Administration Rules Handbook.
WHEREAS, the purpose of the City of Woodlake Personnel Administration Rules Handbook, is to have a guide that informs City staff of current personnel rules; and WHEREAS, the City of Woodlake Administration Rules Handbook is periodically updated to comply with local, State and Federal laws; and
WHEREAS, City administration has met and conferred with represented and un-represented employees regarding the addendum to the handbook; and
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby approves the attached amended City of Woodlake Personnel Administration Rules Handbook.
The foregoing resolution was adopted upon a motion of Councilmember _________ and seconded by Councilmember __________ and carried by the following vote at the City Council meeting held on December 8, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT: ____________________
Rudy Mendoza, Mayor
ATTEST:
_____________________
Irene Zacarias, City Clerk
58 City of Woodlake
EMPLOYEE HANDBOOK
Effective January 1, 2026
City of Woodlake
350 N Valencia Blvd
Woodlake, CA 93286
59 This page Intentionally left blank.
60 1
PERSONNEL ADMINISTRATION RULES
RULE NUMBER PAGE NUMBER
* PERSONNEL RULES INDEX 1
1. AUTHORITY AND DEFINITIONS 3
2. APPLICATION 8
3. RECRUITMENT AND SELECTION 10
4. ELIGIBLE LISTS 14
5. CERTIFICATION AND APPOINTMENT 16
6. PRE-EMPLOYMENT MEDICAL EXAMINATIO N 19
7. PROBATIONARY PERIOD 20
8. PERFORMANCE APPRAISAL REPORTS 22
9. TRANSFERS 24
10. CLASSIFICATION 25
11. LAYOFF 28
12. RESIGNATION 30
13. DISCIPLINARY ACTION 32
14. GRIEVANCE PROCEDURE PLAN 37
14.1 REPORTING IMPROPER ACTIVITY AND WHISTLEBLOWER
PROTECTTION 40
15. ADMINISTRATION 44
16. WORKING HOURS, OVERTIME, STANDBY 45
17. HOLIDAYS 47
18. VACATIONS 48
61 2
19. SICK LEAVE 50
20. LEAVE OF ABSENCE 52
21. EMPLOYEE CONDUCT AND DRESS CODE 54
22. REST PERIODS 56
23. SCHEDULES OF DEPARTMENTS 57
24. CLOTHING AND EQUIPMENT 58
25. RETIREMENT 59
26. WORKERS' COMPENSATION 60
27. BASIC PAY PLAN 61
28. SEXUAL HARASSMENT POLICY 66
29. DRUG FREE WORK POLICY 69
30. FAMILY LEAVE POLICY 74
31. WITNESS FEE POLICY 78
32. JURY DUTY POLICY 79
33. LIGHT DUTY POLICY 80
34. EMPLOYEE EDUCATION POLICY 82
35. MEDIA POLICY 84
36. TECHNOLOGY USERS’ POLICY AND AGREEMENT 85
37. REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS 101 ATTACHMENT A – LEAVE OF ABSENCE WITHOUT PAY 105
ATTACHMENT B – FAMILY & MEDICAL CARE LEAVE 106
ATTACHMENT C – GRIEVANCE PROCEDURE FORM 107
ATTACHMENT D – JOB CLASSIFACTIONS 112
ATTACHMENT E – EMPLOYEE PERFORMANCE REPORT 113
62 CITY OF WOODLAKE
3 RULE NO. 1 AUTHORITY AND DEFINITIONS
1. RULES PRESCRIBED: The City Council of the City of Woodlake does prescribe and adopt these rules, which shall have the force and effect of law. These rules comply with the Merit System Standards designed to ensure a systematic approach to employing, advancing and retaining employees; provide proper safeguards for fair treatment of employees; provide equal employment opportunity and effective management/employee relations; and sustain proper administration of these Rules through evaluation, technical assistance and where necessary, enforcement action. The rules prescribed in this handbook may at times interfere with the management policy of the Woodlake Police Department, set forth by Lexipol. In those cases, the policy set forth by Lexipol will supersede this handbook.
2. SEVERABILITY: If any rule, section, paragraph, sentence, clause or phrase of these Rules is declared unconstitutional or void for any reason, such decision shall not affect the validity of the remaining portions of these rules. The City Council hereby declares that it would have prescribed there Rules and each rule, section, paragraph, sentence. Clause or phrase thereof, irrespective of the fact that anyone or more of it be declare unconstitutional or void.
3. DISCRIMINATION: There shall be no discrimination against any person because of race, creed, color, sex, age, handicap, political or religious affiliations or opinions, national origin or marital status, either during or after completion of the selection process. Application forms shall bear no coding designed to identify race, creed, color, and political or religious affiliations. A separate form shall be used to track data identifiable as research, study projects, or information needed for meeting Affirmative Action Program goals for showing compliance with EEOC and OFC requirements.
POLITICAL ACTIVITY: Political activity shall in no way interfere with normal duty assignments of any employee. Employees are encouraged to be politically informed and to exercise their right to vote.
4. DEFINITIONS: The following definitions shall apply to these Rules. "APPLICANT": A person who has made formal application for a position in the City Service. "APPOINTING AUTHORITY": Any person or group of persons authorized by statute, ordinance or resolution to make appoint
ents to any office or position in the Service of the City. "CERTIFICATION": The process of sending to a department head or appointing authority the appropriate number of names from an eligible list (See Rule No. 5). 63 4
"CLASS": A position or a group of positions sufficiently similar in respect to duties, responsibilities and authority that the same skills, knowledge and other minimum requirements, level of compensation, selection process and title may be used. "CLASSIFICATION": The evaluation of the duties and responsibilities of a position. "COMPENSATION": Any salary, wage, fee, allowance, or other valuable consideration paid to an employee for performing the duties and exercising the responsibilities of a position. "COMPENSATORY TIME": Overtime hours taken off on an hour for hour basis in lieu of overtime pay.
"COMPETITIVE SERVICE": All positions in the City service which are required to be filled through the competitive process in accordance with these rules. "CITY": The City of Woodlake.
"DEMOTION": A change to a lower salary class and reduction in the compensation of an employee pursuant to the rule governing DISCIPLINARY ACTION. "DEPARTMENT": An organizational unit of City Government, which is established as a department by Resolution of the City Council.
"DEPARTMENT HEAD": The person who is appointed by the City Council or City Administrator to manage a department.
"DIRECTOR": The Director of Personnel or Director shall be the City Administrator or an authorized representative; as designated by the City Council. He/she shall also be the Affirmative Action Officer. The Director may authorize the delegation of the duties of affirmative action office to a regular, full-time City Employee. "DISMISSAL": The separation of an employee from City service pursuant to the rule governing DISCIPLINARY ACTION.
"ELIGIBLE": An applicant for an open or promotional position or class who has successfully completed the selection process and has been placed on the eligible list for that class. "ELIGIBLE LIST": An official list of persons who have successfully participated in an open or promotional selection process, arranged in alphabetical order and who are eligible for certification for a specific class in the competitive service. "EXTRA HELP": Employment in the non-competitive service required because of temporary or seasonal needs, and the position has been so designated by Resolution of the City Council. 64 5
"FLAT RATE EMPLOYEE": Those employees in positions assigned a flat rate of compensation rather than a salary range without regard to hours worked and have been designated so by the City Council.
"EMPLOYEE": A person legally occupying a position in the service of the City. "LAY-OFF": The termination of employment, without prejudice, because of lack of work or funds, because of change of duties or organization, or in order to vacate the position of an employee returning from an authorized leave of absence. "LEAVE OF ABSENCE": An authorized absence from duty for a specified period granted pursuant to the Personnel Rules.
"NONCOMPETITIVE SERVICE": All part-time positions in which the incumbent works less than 1/2 the regular hours and all provisional, temporary and extra help employees. "OPEN LIST": A List of the qualified persons from an open recruitment for interested persons, within/without the City workforce, ranked in order of their final score. "MINIMUM QUALIFICATIONS": Those qualifications that are stated in the class specifications as necessary entrance requirements for a person appointed to a specific class. "PART-TIME EMPLOYEES": Those employees in positions which are designated by resolution of the City Council as part-time or for which the compensation is fixed upon the basis of part-time work.
"REGULAR EMPLOYEES": Those employees who have satisfactorily completed the probationary period in the City service.
"REGULAR STATUS": The status of an employee who has successfully completed the probationary period for a position in the competitive service. "POSITION": Any office or employment (group of duties or responsibilities) authorized by resolution of the City Council whether occupied or vacant, requiring the full or part-time services of one individual.
"PROBATIONARY PERIOD": The period following the date of appointment to a position in the competitive service during which time an employee's performance is evaluated to determine suitability for continued employment and the granting of status for the class. Said probationary period shall be as designated in Rule No. 7.
65 6
"PROBATIONARY STATUS": The status of an employee who has been certified and appointed to a position in the competitive service, who has not completed the probationary period.
"PROMOTIONAL LIST": A list of the qualified persons from a promotional recruitment - ranked in order of their final score.
"PROMOTION": The advancement of an employee to a position having a higher range of compensation.
"PROMOTIONAL RECRUITMENT": A recruitment, which is limited to, qualified City employees.
"PROVISIONAL APPOINTMENT": An appointment made to a vacant position in the competitive service, either in an emergency or in the absence of an appropriate eligible list. (See Rule 5, Paragraph 4, Section D).
"PROVISIONAL EMPLOYEES": Those employees holding positions in the competitive service under provisional appointments.
"QUALIFICATIONS APPRAISAL BOARD": A panel of subject matter experts with sufficient knowledge of the knowledge and skills of a position to ask oral semi-structured questions of a candidate for that class and to rate the responses within the scope of an established rating scale. The membership of this board may include the head of the department involved in the hiring, and should consist of three (3) members.
"REEMPLOYMENT": The return of a former City employee to City employment within two years from the date of lay-off from the position by a reduction in force and through no fault of the employee.
"REINSTATEMENT": The return of a former City employee to City employment providing the employee left City employment in good standing and had regular or probationary status in the competitive service.
"SENIORITY": Continuous employment in the City service in a probationary or regular status. "SUSPENSION": An enforced absence of an employee, without pay, for disciplinary purposes or pending investigation of charges made against an employee pursuant to the rule governing DISCIPLINARY ACTION.
"TEMPORARY APPOINTMENT": Employment to fill the vacancy created when a probationary or regular employee is on a leave of absence without pay. 66 7
"TRANSFER": The assignment of an employee to a position in the same class or a similar class where the salary range is the same or sufficiently similar as determined by the Director (normally within 5%).
"UNDER FILL": The appointment of a certified eligible employee, in the absence of the appropriate list, to a vacant position in the same or related series but at a lower level than the class specified in the City's allocation of positions.
67 8
CITY OF WOODLAKE
RULE NO. 2: APPLICATION
1. APPLICATION FILING: Each person participating in a scheduled selection process must complete and file all official application materials for that recruitment. These materials must be received by the City or delegated department no later than 4:00 p.m. on the last filing day published in the announcement. The applicants shall certify to the correctness of all statements made on their applications.
a. ELIGIBILITY - Persons applying for positions in the City service must comply with the following conditions:
1. Meet the general conditions pertaining to filing applications for positions according to these rules.
2. Meet the specific requirements as shown on the announcement for a particular class.
3. Meet citizenship requirement when applying for City positions where required by applicable law.
4. Be willing to accept employment in the present vacant position.
5. Meet the requirements established by the guidelines mandated by the funding source in applying for positions through grant sources. b. CONFIDENTIALITY - Names of persons applying for City positions or the evaluation of their participation in any selection process shall not be made public.
Applications will be accepted when recruitment has begun. Completed application forms must be submitted for persons receiving part-time and provisional appointments prior to their beginning employment. Defects or omissions in an application file may be corrected with the permission of the Director prior to completion of the employment process. Application forms will have been officially received when they bear the City's "received" date stamp.
2. APPLICANT DISQUALIFICATION: The Director may eliminate from the selection process, remove from the eligible list, or refuse to certify for the personnel transaction, the names of any persons:
a. Who do not meet the minimum qualifications established for the position to which they seek appointment.
68 9
b. Who have made a false statement or misrepresentation of material fact in their applications.
c. Who have resigned from the public service not in good standing, have been discharged for cause, or have abandoned any position in the City service. d. Who have improperly used or attempted to use any personal or political influence to further their eligibility or appointment.
e. Who have failed to submit an application correctly or within the prescribed time. f. Who have otherwise violated provisions of these Rules.
Applicants with the least number of minimum qualifications among a large number of applicants may be denied further participation in the selection process through an evaluation of their qualifications, thus providing a reasonable number of the best qualified candidates for consideration. Applicants disqualified from further participation in the selection process shall be promptly notified. Notice shall be mailed to the last known address; it shall be the applicants' responsibility to keep their current address on file.
3. APPLICATION DISPOSITION: Completed application forms shall become the property of the City. They shall not be returned to the individual. All applications filed with the City shall be retained for a period of three years, after which they may be destroyed. 69 10
CITY OF WOODLAKE
RULE NO. 3 RECRUITMENT AND SELECTION
1. CITY CONDUCTED RECRUITMENT AND SELECTION: The Director shall schedule recruitments based on vacancies or anticipated vacancies, to meet the need in the competitive service for all positions and shall prepare, announce, and conduct examinations in accordance with guidelines provided herein and the Affirmative Action Plan. a. Open Recruitments - Those recruitments open to all applicants who meet the minimum requirements for the class. They may be scheduled when it is not practicable to fill vacancies by promotion or when specifically requested by the Department Head and with the concurrence of the Director.
b. Promotional Recruitments - Those recruitments open to City Employees who have regular or probationary status and meet the minimum requirements for the position. Each candidate must complete and submit an official application. Upon concurrence between the Director and the Department Head, promotional examinations may be scheduled when there is reason to believe that at least one qualified employee will apply for the examination.
c. City Employees shall be granted sufficient time, with pay, from duties to participate in City selection processes.
d. When recruitment has been announced for a class and three or fewer individuals qualify, the selection process may be changed or canceled unless specifically requested by the Department Head concerned or deemed desirable by the Director.
2. SELECTION PROCESS: Each selection process shall be competitive, or by an evaluation by the Council when a single qualified employee is being considered for promotion, except as indicated in the rule governing CERTIFICATION AND APPOINTMENT. It shall consist of a recruitment process and an evaluation of job-related knowledge and skills through a written, oral, practical, or performance test, application review, or any combination of these or other methods deemed appropriate by the Director. Recruitments shall be scheduled to fill vacancies at the earliest possible date. Sufficient time between posting date and final filing date shall be scheduled in order to attract an ample number of qualified applicants for the class.
3. SELECTION: The selection process shall be impartial, objective and job related. It shall be developed to measure knowledge, skills and other job related characteristics.
4. SELECTION PREPARATION: Selection material shall be prepared and assembled under supervision of the Director. The Director may employ qualified sources from outside the 70 11
agency whenever deemed appropriate. Upon request, departmental officials and employees shall assist with the development and administration of the selection process.
5. RECRUITMENT NOTICE: Jurisdictions, organizations and all City Departments shall receive copies of announcements for City conducted recruitments, which shall contain the following:
a. The title and salary range for the position.
b. The period during which applications for the recruitment will be accepted. c. The nature and tentative date for the selection process when feasible. d. A brief statement concerning the duties of the position, and the selection process. e. The knowledge, skills and other job-related requirements for the class. f. Special conditions of employment.
Notice of recruitment shall be given at least ten (10) working days prior to the final filing date.
Posting of the announcement copy on the City Hall bulletin board shall meet this requirement.
The Director may use other means of advertising to attract qualified applicants. Recruitments may be postponed or canceled by placing notice on the City Hall Bulletin Board and notifying applicants.
6. SELECTION PROCEDURE: Selection procedures shall be conducted under the supervision of the Director, or through other competent persons whom the Director shall deem appropriate. a. Competition - Open recruitments for positions in the competitive service shall be public, competitive, and open to applicants who meet the requirements provided in these Rules. Applicants who have been authorized to participate in an examination, but who arrive later than the announced time may be denied admittance. b. Identity - No written examination paper will disclose the identity of the participant.
Identification numbers shall be used so that the names of applicants will not be associated with their examination papers until scoring is complete and the qualifying level established.
c. Security - No communication between participants during an examination will be permitted. No applicants may have in their possession material, which would give unfair advantage during the examination. Copying or collusion shall be grounds for disqualification. Participants from the examination area shall not remove written material or examination booklets.
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d. Rating - The parts of an examination that are evaluated independently shall be assigned scores representing their relative value in the selection process. These parts shall be assigned a pass point. A score below the minimum for any part of an examination will disqualify an applicant for further participation in the selection process for that class.
The total score for an examination shall be determined by multiplying the score obtained on each part of the examination by the relative value assigned to the part and adding these products. The final figure will then be rounded to the nearest tenth.
When a majority of the raters on a qualifications appraisal board give a passing score, the score will be recorded as a passing score or the average of all raters whichever is greater.
When a score given by a majority of the raters is less than a passing score, the score shall be disqualifying.
The names of successful candidates shall be placed on the eligible list in order of their final score. Final scores reported on a pass-fail basis shall have names recorded in alphabetical order. Removal of names from eligible lists shall be in accordance with Rule No. 4.
e. Notice - Applicants shall be notified by mail concerning the results of their participation in the selection process. Successful applicants shall receive their total score and their relative position on the eligible list. Handicapped applicants may be contacted by appropriate means.
f. Inspection and Protest – The scored answer sheets for written examinations and the scoring key overlay may be reviewed by the applicant, in the City Hall, within the five working days following mailing of the examination results notice. Applicants may protest to the Director, if they believe an error has been made. A correction in scoring shall not affect an appointment, which has already been made. g. Record - The record of each selection process shall be maintained in the Personnel Department for a period of three years and shall include: the applicants' name and scores, method of testing, scores of the parts, and the names of the proctors. (Administrators conducting the recruitment)
7. EXEMPTION FROM EXAMINATION:
a. A vacant position in the competitive service may be exempted from examination by the Personnel Director if it is to be filled by the assignment of an individual who is not presently a City employee but is performing the duties of the position as part of a designated federal, state, local or other rehabilitation-training program. b. The training program must have job placement as a goal and the individual will be required to meet the minimum requirements for the position and have performed 72 13
satisfactorily during the training period before probationary appointment may be authorized.
c. Upon concurrence of the department(s) concerned and the director, an employee may be placed in a vacancy in another class when a disabling condition prevents continuing performance of the duties in the present class or position. d. The disabled employee does not have to be on an eligible list for the class to which the appointment is being made.
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CITY OF WOODLAKE
RULE NO. 4: ELIGIBLE LISTS
1. ESTABLISHMENT OF ELIGIBLE LISTS: The Director shall establish eligible lists as a result of examinations. Eligible lists shall be confidential; names and final scores shall not be made public information.
2. TYPES OF ELIGIBLE LISTS:
a. Re-employment List – See Rule No. 11, Paragraph 6.
b. Promotional List – The names of qualified employees who have regular or probationary status shall be placed in the rank order of their final score. c. Open List – The names of qualified persons shall be placed on the list in rank order of their final score.
3. DURATION OF LISTS: Open or promotional eligible lists shall remain in effect for a period of one year unless exhausted sooner. The Director may extend an eligible list, for a period not greater than an additional year, when it appears to be in the best interest of the City. The Director may abolish an eligible list when fewer than three names remain on the list or when a certification of three active eligible candidates is not available. Active eligible candidate on an abolished list shall be given the chance of reapplying for the classification or having their names integrated in the newly established list if the selection procedure has not changed, for a period not to exceed the life of the newly established list. Such an integration may be granted only once for any eligible list.
4. INACTIVE LIST: Eligible candidates may, by written request, cause their names to become inactive for an indefinite period during the life of the list. They may activate their names, by written request, within the life of the list. Eligible candidates may specify conditions under which they would accept employment and their names would be certified only under such conditions.
Eligible candidates who fail to respond within the time stipulated on the notice of the certification without suitable explanation, will be placed on the inactive list.
5. REMOVAL FROM LIST: the Director may remove the name of an eligible candidate from an eligible list:
a. For any cause in these rules deemed sufficient for disqualification of application or dismissal from the City service.
b. On evidence that the eligible cannot be located by the postal authorities. c. On receipt of a statement from the eligible indicating a lack of interest in the class or the City service.
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d. If an offer of a regular appointment to the class for which the eligible list was established has been declined by the eligible, or if three certifications for regular appointment have failed to result in selection and appointment. e. If eligible on a promotional list are separated from City service their names shall be removed from the promotional list. They may request that their names be integrated into an open list for the class.
f. Layoff – When an eligible on a promotional list has been laid off from a position in the competitive service, that person's name shall be removed from the promotional list and placed on the open list for that position. It shall also be placed on the reemployment list for the position laid off.
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CITY OF WOODLAKE
RULE NO. 5: CERTIFICATION AND APPOINTMENT
1. CERTIFICATION REQUEST: Whenever a vacancy exists or a vacancy is anticipated in the City service the appointing authority shall make written request for approval to fill the position. A provisional appointment shall be deemed a continuing request for certification. The director may authorize a time overlap.
2. CERTIFICATION: Certification of names on an open or promotional list may be alphabetical or in order of score. The top three names and addresses appearing on the eligible list shall be certified for each vacancy. In the case of multiple vacancies the number of eligible certified shall be two (2) plus the number of vacancies. When the score of the final eligible on a certification list is tied with other eligible all those having that score shall be certified.
Immediately after taking the desired action, the department shall return a copy of the certification list with the appropriate job-related comments in reference to their employment decisions. The department head may request a transfer and/or reinstatement list in Lieu of or in addition to an open or promotional list.
3. SHORT CERTIFICATION: When there is less than three eligible on any list for a class, those available may be certified. However, the Department Head may choose not to accept a short list and request a full list.
Once the names on a short list are certified, they shall remain on the certification list until the position is filled or the certification request is canceled. If the request is canceled and then rerequested the original names that were certified shall remain on the list and the names from the newly formed eligible list shall be added to complete the certification.
4. CATEGORIES OF APPOINTMENTS: After receipt of certification, the hiring department shall proceed with a job related interview. The Department Head may review the application forms and examination papers. Reports on file in the Personnel Department and reference checks may be used prior to the actual offer of employment when this selection has been made, the appointing authority shall notify the participating eligible. a. Probationary – All appointments made in the competitive service from a certified eligible list from appropriate referrals shall be on a probationary status except part time positions.
b. Regular – A probationary appointment becomes a Regular appointment at the end of a satisfactory probationary period.
c. Part time – Part-time employees are those hired for less than a standard forty-hour work week and/or paid on an hourly basis. Unless hourly rates are listed for specific part-time employees by job titles in the employee compensation plan, they shall be compensated an hourly rate equivalent to the applicable range in step. Part-time employees may be suspended, demoted, or terminated at any time by the Department 76 17
head without cause and without recourse to the appeal in grievance procedures provided in Rule No. 14.
d. Promotional – Vacancies in the competitive service shall be filled whenever practicable by employees who have regular or probationary status in lower positions in the competitive service. Candidates for promotion must meet the minimum qualifications for the position. Appointments shall be made from established eligible lists.
Promotion to a new position requires successful completion of a probationary period in the new position to finalize the transaction.
e. Provisional – A provisional appointment may be made in order to fill a vacant position in the competitive service in the absence of an appropriate eligible list, or in an emergency. A provisional employee appointed to the same position shall receive credit towards the required probationary period, for that time spent in a provisional status, if there is no break in service. Provisional employees may not be appointed as regular employees by the Director into the position they hold temporarily after the 6 months period. They must go through competitive process and be reachable on an eligible list.
1. Authorization – The Director may authorize a provisional appointment to fill a position in a class, when no eligible list is available or when less than three (3) eligible remain on the list for certification. The prospective appointee must file an application with the Director and meet the minimum qualifications for the class.
2. Duration – Provisional appointees may serve for a period not longer than six (6) months; or thirty (30) calendar days after a certification of eligible can be made for the position. Provided no eligible list can be established, a provisional appointment may be extended one six-month period. An eligible list is to be established as soon as possible following a provisional appointment.
3. Promotion – A Provisional appointment of an employee, who has regular status in a position in the competitive service, to a position with a higher compensation level shall not jeopardize that employee's status in the former position while serving in the provisional status.
f. Under filling – With the concurrence of the Director, appointments may be made to under fill a position with a qualified eligible at a lower level in a series or a related class series or a lower related class than the class specified in the allocation list, when it can be shown that the prospective incumbent can perform the work to the satisfaction of the appointment authority. The incumbent may be promoted and compensated at the appropriate level upon meeting the minimum qualifications and performance standards for the class.
g. Extra Help – An extra help appointment shall not exceed four (4) calendar months if the department has vacant full-time Regular positions in the same class and a certification of eligible can be made for this class. The Director can extend this period of time.
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h. Temporary Appointments – Positions, which are temporarily vacant because of a leave of absence, may be filled on a temporary basis. A temporary appointee shall meet the minimum qualifications of the class. If the regular employee does not return from the leave of absence, the position shall be filled from a regularly established eligible list. If the temporary appointment was made from an existing eligible list, the temporary appointee may retain the position and will receive credit toward the required probationary period, provided there was no break in service. i. Noncompetitive Service – Persons appointed to a non-competitive position shall meet the minimum qualifications established for the class unless the City Council has granted a waiver.
5. APPOINTMENT RECORD: Completed Personnel transaction forms for all appointments to positions in the competitive service shall be submitted to the Director by the department head.
6. NEPOTISM: Department heads or other appointment authorities shall not appoint any member of their immediate family or their spouse’s immediate family, to any position in the City service.
The definition of close relative" or "immediate family" shall be:
1. Spouse
2. Parent or stepparent
3. Brother or stepbrother or half-brother
4. Sister or stepsister or half-sister
5. Child or stepchildren and their spouses
6. Grandparents
A department head or appointing authority may appoint a member of the immediate family of an employee provided such appointment or subsequent assignment will not result in a supervisory relationship between these family members. The City Council may waive this paragraph upon a showing that such appointment is in the best interest of the City
7. LIVE SCAN: Each person employed by the City shall pass a Live Scan as a condition of employment.
8. BACKGROUND CHECK: Each person employed by the City shall be subject to a background check.
78 CITY OF WOODLAKE
19 RULE NO. 6: PRE-EMPLOYMENT MEDICAL
EXAMINATION
1. PURPOSE: To serve the best interest of the City and the taxpayers, and prospective employees; and to protect the health and safety of all City employees by appointing individuals to City positions who are physically and mentally capable of performing the duties of those positions without hazard to themselves or others.
Before or during your employment you may be subject to a City paid medical examination, or other related medical inquiries, as circumstances warrant. Thus, for example, a class of candidates for the same department may all be required to pass a drug test or physical. In addition, following an injury or illness, the City may request a medical examination to determine whether you can perform the essential function of your job, with or without an accommodation.
These medical exams are performed on a non-discriminatory basis and are intended to set a minimum level of fitness and to prevent further injury by means of aggravating a pre-existing medical condition.
79 CITY OF WOODLAKE
20 RULE NO. 7: PROBATIONARY PERIOD
The probationary period is the final step in the selection process.
1. NATURE: Each appointment or promotion made to a position in the competitive service shall be subject to a probationary period. The appointing authority shall use this period for the evaluation of the probationer's performance and suitability for continued employment.
2. LENGTH: The probationary period for a person appointed or promoted to a position in the competitive service shall be as designated below. If a person is appointed or promoted on the first working day of a pay period computation of the probationary period shall include the pay period in which appointed. If a person is appointed or promoted after the first working day of the pay period, computation of the probationary period shall begin with the following pay period.
The probationary period shall not include time served as an extra help employee or any period of continuous leave of absence exceeding 40 hours. A provisional or temporary employee appointed to the same regular position should receive credit towards the required probationary period for that time spent in provisional or temporary status, if there was no break in service.
Sergeant/Police Officer .................................... 15 months Department Heads - Management .................... 15 months All Other Employees .........................................12 months
3. REPORT: The appointing authority shall submit a performance appraisal form indicating the progress or lack of progress by the employee as follows:
Sergeant/Police Officer: Probationary period of 15 months, reports shall be submitted every three months.
Department Heads - Management: Probationary period of 15 months, reports shall be submitted every three months.
All Other Employees: Probationary period of 12 months, reports shall be submitted every three months.
In addition to the formal reports submitted at the required intervals, the appointing authority shall provide for informal counseling on an ongoing basis especially when performance problems are involved. Employees shall be made fully aware of their performance progress in order that corrections can be made before the end of the probationary period. Performance appraisal forms must contain appropriate statements to justify all ratings for actions that are taken. Where performance problems exist, specific examples must be provided together with specific recommendations for correction.
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4. NEW OR INTERRUPTED: A new probationary period shall not be required following demotion or transfer to a class of positions in the same department, in which a probationary period was previously served. If a probationary period has not previously been completed in that class, a new probationary period shall be served.
When an employee transfers or demotes from one department to another department, a new probationary period shall be served in the latter department.
Persons appointed to positions from the reemployment list must serve a new probationary period, unless the appointment is to the same position in the same department where a probationary period has been previously served.
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CITY OF WOODLAKE
RULE NO. 8: PERFORMANCE APPRAISAL REPORTS
1. PERFORMANCE APPRAISAL: The performance of each employee in the competitive service shall be regularly evaluated by the appointing authority or the designated representative.
The reports shall be submitted to Director on forms provided for that purpose. All reports will be reviewed and signed by the appointing authority after the rater has reviewed the appraisal with the employee. It shall be the duty of the appointing authority to investigate thoroughly each employee's performance and suitability for the position during the probationary period. The results of these observations shall be included on the probationary performance appraisal report.
2. FREQUENCY OF REPORTS: Reports shall be submitted at least once each year for employees with regular status. Special reports may be submitted by the appointing authority any time there is evidence that performance has changed significantly or to document ongoing performance problems. Probationary reports shall be submitted in accordance with the provisions contained in the rule governing PROBATIONARY PERIOD.
3. PREPARATION OF REPORT: Whenever possible, reports shall be prepared by the immediate supervisor(s). Such reports shall only be in reference to an employee's performance on those job domains, which have been regularly and directly observed by the supervisor(s) during the rating period. This includes the way tasks or duties were performed (process) and/or the consequences of their performance (product). Each employee shall be given an opportunity to discuss the report with the rater as well as with the appointing authority, if desired. An employee may submit a written response to be attached to the appraisal form. The employee shall receive a copy of the completed report after the appointing authority has signed it.
4. RATING STANDARDS – NON-SAFETY EMPLOYEES: The summary of rating factors shall be expressed according to the following rating scale:
RATING SCALE
1. 2.
Is not reasonable
and consistent
with normal
expectations of
proficiency
3. 4.
Is not quite
reasonable and
consistent with
expectations of
proficiency
5. 6.
Is reasonable
and consistent
exceeds normal
expectations of
proficiency
7. 8.
Exceeds normal
expectations of
proficiency
9. 10.
Clearly exceeds
normal
expectations of
proficiency
All ratings must be fully documented. Raters will cite examples of effective or ineffective performance, and must specify the consequences whether positive or negative of such performance. When the overall job performance rating is below what is reasonable and consistent with normal expectations of proficiency, the rater must specify both the recommendations for improvement and indicate a schedule for future evaluations to monitor progress. The period of time needed for proper evaluation and recommendation for improvement 82 23
will vary with the degree of performance problems, the consequence of error and the length of the task cycle. The final report of this series will indicate either satisfactory improvement or recommend disciplinary action to be taken.
5. RATING STANDARDS – SAFETY EMPLOYEES: The summary of rating factors shall be expressed according to the following rating scale (Attachment D):
RATING SCALE
a. Unacceptable
b. Needs Improvement
c. Meets Standards
d. Exceeds Standards
All ratings must be fully documented. Raters will cite examples of effective or ineffective performance, and must specify the consequences whether positive or negative of such performance. When the overall job performance rating is below what is reasonable and consistent with normal expectations of proficiency, the rater must specify both the recommendations for improvement and indicate a schedule for future evaluations to monitor progress. The period of time needed for proper evaluation and recommendation for improvement will vary with the degree of performance problems, the consequence of error and the length of the task cycle. The final report of this series will indicate either satisfactory improvement or recommend disciplinary action to be taken.
6. USES OF REPORTS: Performance appraisal reports shall become a part of the official employee record (personnel folder) and may be used in connection with employee development and achievement (promotion, training, assignment, reinstatement and transfer), or disciplinary actions (demotion, suspension or dismissal).
7. CONFIDENTIALITY: Performance ratings shall be confidential, subject to review only by appointing authorities or their designated representatives. 83 CITY OF WOODLAKE
24 RULE NO. 9: TRANSFERS
1. DEPARTMENT: The appointing authority may transfer an employee from one position to similar position in another Department.
2. CITY SERVICE: Employees in the competitive service may be transferred in the same service from a position in one department to a similar position in another department.
3. CONDITIONS: Transfers to a position in the same or a related class may be made only if:
a. The salary range is the same or sufficiently similar as determined by the Director (within approximately 5%).
b. The minimum qualifications are equivalent or sufficiently similar as determined by the Director.
4. INTER-DEPARTMENTAL TRANSFER PROCEDURE: Any person who desires to initiate a transfer from a position in one department to a position in another department shall file an application with the Personnel Director.
5. INTERDEPARTMENTAL TRANSFER PROCEDURE: An employee desiring an interdepartmental transfer shall request this by memo to the Supervisor. The Supervisor shall notify the employee of acceptance or rejection at time of hiring decision. 84 CITY OF WOODLAKE
25 RULE NO. 10: CLASSIFICATION
1. ADMINISTRATION: The City's classification plan is continually reviewed and utilized for decision making on compensation (equal pay for equal work) selection, upward mobility, employee development, career advancement and other personnel program activities.
Compensation is governed by the salary resolution and the meet and confers provisions.
2. CLASSIFICATION OF POSITIONS: Each position shall be allocated to the appropriate class in accordance with the character, difficulty, and responsibility of its assigned duties.
Noncompetitive positions shall be classified by the Council to fix the compensation.
3. CLASSIFICATION OF NEW POSITIONS:
a. When a new position is authorized by the Council, the Director shall recommend the proper assignment of such position to a class or when appropriate, create a new class. b. When a new position is created and is classified before it is occupied, such position shall be subject to investigation by the Director after it is occupied to determine if the incumbent is performing the duties of the class.
4. CLASSIFICATION CHANGE:
a. When any change is made within a department which significantly affects the duties and responsibilities of any position, the department head shall report these facts in writing to the Director. The Director shall make a study of the duties and responsibilities and the relationship to other classes of positions. b. The Director may study the allocation of any position in the classification plan and make recommendation to the Council for a change in position: Studies may be initiated in the following manner:
1. Written request, submitted by the department head stating briefly the need believed to exist.
2. When possible authorization of new positions is indicated.
3. Regular periodic maintenance of the classification plan or when the director identifies a need to study an existing position. The department heads shall be consulted before a classification study is begun in their departments. c. Change of classification of an occupied position shall affect the status of the incumbent in the following manner:
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1. When a position changes and it can be clearly shown that the duties have evolved over a period of time without manipulation to evade the merit principles and the duties and responsibilities of the new position will be substantially the same as the incumbent has been performing the preceding six months, the incumbent shall be granted the same status in the new position that was held in the old position.
2. When a position is reallocated to a position with a higher salary range, or the same salary range, the incumbent shall gain eligibility and seek appointment according to these rules. Provided the incumbent has regular status, the examining process shall be noncompetitive.
3. When a position is allocated to a position with a lower salary range, incumbents may choose to retain the position by accepting a voluntary demotion, or may take an involuntary demotion and, if in the competitive service, may request a transfer position from the old position to a like position. If neither of the foregoing is chosen, the normal lay-off procedures will be followed.
5. SPECIFICATIONS: (Job Description) -
The Director with the assistance of the department head(s) shall prepare a written specification for each position. In the event there is disagreement between the Director and the department head employing a position for which a specification is proposed, the department head may appeal to the City Council and present the department's views. The specifications when approved and adopted by the Council shall constitute the official class specification for the City service.
The official copy of the date specification for each position shall be maintained in the City Office and shall indicate the date of adoption or the last revision or amendment. a. Each specification shall include: the class title, a brief description-of the scope, nature and responsibility of the class, a description of the tasks or duties ordinarily performed in the positions allocated to the class, a statement of the minimum qualifications considered necessary for proficient performance of the work, including education, experience, knowledge, skills, physical characteristics, and any additional factors or features considered pertinent.
b. Specifications are not restrictive and shall not be construed as declaring that duties and responsibilities shall not be changed or that an appointing authority may not temporarily assign other related duties and responsibilities or to otherwise direct and control the work of subordinate employees.
c. No person shall be appointed to any position in the competitive service unless that person meets the minimum qualifications set forth in the currently approved class specification for that position or meets the permissible equivalency provisions of these rules.
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d. Notwithstanding any other provision in this section, if after reasonable effort, qualified persons cannot be recruited, the Council may, upon the request of department head and the recommendation of the Director, waive the class specification requirements with respect to any class.
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CITY OF WOODLAKE
RULE NO. 11: LAY-OFF POLICY
1. PART TIME OR EXTRA HELP EMPLOYEES: Part-time employees may be laid off according to the needs of the service and at the discretion of the appointing department head. A notice of five working days will be given prior to the lay-off of part-time employees.
2. NECESSITY OF LAY-OFF: Full-time regular and probationary employees may be laid off due to any one of the following:
a. Material change in duties or reorganization
b. Shortage of work
c. Shortage of funds
3. DEPARTMENT: The City recognizes that layoffs may become necessary in any department.
It shall be the duty of the Director in consultation with the City Council to select the department where each lay-off will derive. It shall also be the duty of the Director in consultation with the Council to select the job position subject to the lay-off.
4. SENIORITY: Seniority is based and calculated on time in service.
Ties shall be broken down in the following order:
a. Employee(s) who has the greatest length of time employed within the class identified for lay off during the current period of continuous service. b. Employee(s) length of service with the City including all partial months (calendar days), from actual hire date to lay-off-date.
c. Employee(s) whose names are drawn by lot.
5. DISPLACEMENT PROCEDURE: An employee who receives a lay-off notice may displace, within the same department, another employee in a lower salary range and different position provided that:
a. The employee has a greater citywide seniority than the employee to be displaced. b. The employee is willing to accept the reduced salary. c. The employee qualifies for the position (meets all minimum qualifications). 88 29
d. The employee submits a written request to the department head within ten calendar days after receiving a lay-off notice.
6. RE-EMPLOYMENT LIST: All employees laid off who received appointment through the competitive process will have their names placed on the re-employment list. Vacancies will be filled from this list unless there are no names on the list or the employee refuses the position.
Employees will be ranked according to their seniority. The reemployment list for any given class shall be certified to any appointing authority for consideration before other eligible lists for the class are considered.
7. LAY-OFF NOTICE: Employees in the competitive service subject to lay-off shall be given a thirty (30) day notice which shall include the following information (no advance notice need to be given to non-competitive employees):
a. Reason for lay-off
b. Effective date of lay-off
c. The employee's seniority date
d. Manner that date is computed
e. Positions in which the employee may request displacement within the department or City service
f. Where the employee may review the seniority list
g. Re-employment procedure
h. That the employee may utilize the grievance procedure in the rule governing GRIEVANCE PROCEDURE PLAN to resolve problems if informal discussion is not successful.
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CITY OF WOODLAKE
RULE NO. 12: RESIGNATION POLICY
1. PROCEDURE: A written resignation signed by the employee shall be submitted to the appointing authority at least two weeks (10 working days) In advance of the expected termination date unless a shorter period is agreed to by the appointing authority. a. The appointing authority shall submit the following recommendation to the Director immediately upon notification of an employee's intent to resign:
1. A copy of the letter of resignation.
2. An "Employee Exit Questionnaire" voluntarily completed, signed and dated by the resigning employee, conducted by the Director.
3. If for a justifiable reason, the above documents cannot be supplied by the employee, the appointing authority shall submit a written explanation to the Director indicating whether the employee resigned or was dismissed and shall specify the reasons as shown in the Table in the rule governing DISMISSAL, DEMOTION AND SUSPENSION. A Personnel Data Form containing such written explanation shall be considered sufficient documentation for this purpose.
4. The Personnel Data Form, terminating the employee, should be attached to the above documents.
If the appointing authority agrees, a resignation may be withdrawn by submitting a written request to the appointing authority. A copy of the withdrawal request shall be forwarded to the Director, showing the appointing authority's concurrence. After a resignation has been accepted it may not be withdrawn without the consent of the appointing authority.
2. VOLUNTARY RESIGNATION: An employee who is absent for a period of three (3) successive working days without authorized leave may be deemed by the appointing authority to have voluntarily resigned.
3. GOOD STANDING: An employee who leaves the competitive service without (1) filing a written resignation giving two weeks’ notice or notice acceptable to the department head or (2) whose last performance evaluation does not meet the normal expectations of proficiency shall not be considered as leaving in good standing. This information shall be entered on the employee's personnel records. The Director may deny his or her future employment or entrance to future examinations.
4. REINSTATEMENT: With the approval of the appointing authority and the department head, a regular or probationary employee who has resigned in good standing may be reinstated within 90 31
one year of the effective date of resignation to a vacant position in the same or comparable class.
Upon reinstatement, the employee, for all purposes, shall be considered in all aspects of salary and benefits as though he/she had received an original appointment. 91 32
CITY OF WOODLAKE
RULE NO. 13: DISCIPLINARY ACTION
1. ORDER: Any regular employee in the competitive service may be disciplined for cause, as described herein:
2. CAUSES: The following types of conduct shall be deemed to constitute cause under this Rule:
a. Violation of a City code rule, regulation, policy, or order. b. Discourteous treatment of the public or other employees. c. Excessive and/or unexcused absenteeism/tardiness.
d. Dishonesty.
e Fraud in securing or maintaining employment.
f. Insubordination.
g. Conviction of a felony or misdemeanor and/or related acts involving moral turpitude committed while engaged in the performance of duties.
h. Willful abuse, damaging misappropriation or negligence in the use of public property.
i. Neglect of duty.
j. Inefficiency and/or incompetency.
k. Under the influence of drugs and/or alcohol while on duty. l. Any conduct which bears some rational relationship to the employment and is of a character that can reasonably result in impairment or is disruption of City service.
Employee conduct may constitute cause for discipline pursuant to this Rule, notwithstanding the fact that such conduct is not specifically enumerated herein. Any regular employee in the competitive service may be dismissed, if after utilizing all available sick leave, the employee is or would be rendered unfit to perform regular assigned duties because of a physical or mental disability, and a reasonable accommodation for the handicap cannot be made.
3. PROCESS FOR TAKING DISCIPLINARY ACTION
SECTION 1: DISCIPLINARY ACTION DEFINED: Any regular employee in the competitive service may be disciplined only for cause, and such cause shall be based upon the grounds set forth in this Rule No. 13 of the Personnel Administration Rules adopted by the City Council. The provisions of this Rule are only applicable to regular employees in the competitive service. Disciplinary action is defined as the dismissal, demotion, reduction in pay or suspension of a regular employee for punitive reasons, or as otherwise provided by law.
SECTION 2: "DEPARTMENT HEAD": The term “Department Head", as used in this Rule means the department head or a supervising employee in the department who has been 92 33
authorized by the department head to take disciplinary action under this Rule related to employees in the department.
SECTION 3: NOTICE OF DISCIPLINARY ACTION:
a. Action to discipline an employee shall be taken by the department head by issuing a written notice of proposed disciplinary action to be delivered to the affected employee personally or sent to the employee by certified or registered mail, return receipt requested, at the last mailing address of the employee on file with Personnel. A copy of the notice shall also be filed with the Personnel Director. The notice shall be delivered to the employee at least five (5) calendar days prior to the effective date of the proposed disciplinary action where the notice is delivered to the employee personally or mailed seven (7) calendar days prior to the effective date of the proposed disciplinary action where the notice is delivered by mail. The notice shall state the proposed disciplinary action to be taken, the cause or causes, the proposed effective date and duration of the proposed action. The notice shall also include the following:
1. A statement outlining that a copy of the materials upon which the proposed disciplinary action is based is attached or is available for inspection upon request.
2. A statement advising the employee that the employee has the right to respond either orally or in writing to the appointing authority at any time prior to the effective date of the proposed disciplinary action.
3. A statement that the proposed action will become effective on the date specified unless modified by the department head.
4. A statement that the employee also has a right to appeal pursuant to this Rule and the process for the same.
b. If, as a result of any written or oral response of the employee, the department head decides to modify the proposed disciplinary action, the department head shall prepare and deliver an amended notice imposing disciplinary action to the affected employee and the Personnel Director in the manner and form provided in subsection (a). If, as a result of such written or oral response, the department head decides to take no disciplinary action, the department head shall advise the Personnel Director who shall return the original notice to the department head.
SECTION 4: ADMINISTRATIVE LEAVE FOR INVESTIGATION:
EXTRAORDINARY CIRCUMSTANCES:
a. If, in the opinion of the department head, extraordinary circumstances require immediate removal of the employee from the employee's job station, rather than waiting for the minimum period of five (5) days specified in Section 2 of this Rule, the department head may orally or in writing cause the employee to be put on administrative leave either with or without 93 34
pay at the discretion of the Personnel Director pending investigation of whether disciplinary action should be taken against him/her. Such a suspension shall not exceed a period of fifteen (15) calendar days. In the event of an oral suspension, the appointing authority shall confirm the suspension by giving the employee written notice of the suspension as soon as practicable, but no later than five (5) days after the oral suspension. Said notice shall either be delivered to the employee personally or sent to the employee by certified or registered mail, return receipt requested, at the latest mailing address of the employee on file in the office of the Personnel Director.
When the investigation is completed, notice shall be given to the employee pursuant to Section 3 of this Rule of the results of the investigation and whether the employee is to be disciplined. If the appointing authority makes the decision that the facts do not justify discipline, the employee shall be reinstated with full pay and benefits for the period of time that the employee was on administrative leave.
SECTION 5: APPEAL OF DISCIPLINARY ACTION:
a. Appeal Rights: Disciplined regular employee in the competitive service may, within seven (7) working days after the effective date of a disciplinary action consisting of termination, demotion, reduction in pay or suspension, appeal to the City Administrator or designee except where specifically prohibited by ordinance or these personnel system rules. If, within the seven-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed.
b. Notice of Appeal: If, within the seven-day appeal period, the employee involved files such notice of appeal by giving written notice of appeal from the disciplinary action imposed to the City Clerk. The City Clerk shall set a date for a hearing on the appeal not less than fifteen (15) working days, not more than forty-five (45) working days from the date of said delivery, notifying all interested parties of the day, time, and place of the hearing. Said time period may be extended by mutual, consent of the parties. c. Conduct of Hearing: Hearings conducted by the City Administrator or designee shall be conducted in accordance with the following procedures and shall be private; provided, however, that the disciplined employee may request a hearing open to the public. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party.
The City Administrator or designee is authorized to issue subpoenas, in the name of the City, and attested by the City Clerk at the request of either party prior to commencement of the hearing on the appeal. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the City Administrator or designee.
The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determinations of the truth.
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(1). Hearing Process
Unless the City Administrator or designee, for good cause shows and otherwise directs, the hearing shall proceed in the following order:
a. The party imposing discipline shall be permitted to make an opening statement
b. The appellant may be permitted to make an opening statement. c. The party imposing disciplinary action shall produce the evidence on his/her part.
d. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof. e. The parties may then, in order, respectively offer rebutting evidence only, unless the City Administrator, for good cause, permits them to offer evidence upon their original case. f. Arguments shall be permitted in the discretion of the City Administrator.
(2) Rights of the Parties
Each party shall have these rights:
a. To be represented by legal counsel or other person of his/her choice;
b. to call and examine witnesses
c. to introduce evidence
d. to cross examine opposing witnesses on any matter relevant to the issues.
e. to impeach any witnesses regardless of which party first called him/her to testify.
f. and to rebut the evidence against him/her
If the appellant does not testify in his/her own behalf, he/she may be called and examined as if under cross-examination.
d. Findings and Recommendations: The City Administrator or designee shall determine relevancy, weight, and credibility of testimony and evidence, and shall base his findings and recommendations on the preponderance of the evidence, which shall be rendered as soon after the conclusion of the hearing as possible, and in no event later than ten (10) working days after concluding the hearing unless otherwise stipulated by the parties. The decision of the City Administrator or designee shall set forth his/her recommendation as to each of the charges and the reason therefore.
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e. Review by Department Head, Division Head, or City Administrator: The decision of the City Administrator or designee is final and not subject to further appeal. The findings and recommendations shall be mailed or delivered to the disciplined employee, Personnel Officer, and the department head, division head, and shall set forth all findings and conclusions. If a dismissal is not recommended to be sustained, the proposed decision and findings and recommendations of the City Administrator or designee shall set forth a recommended effective date the employee is to be reinstated, which may be any time on or after the date the disciplinary action went into effect.
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CITY OF WOODLAKE
RULE NO. 14: GRIEVANCE PROCEDURE PLAN POLICY
1. PURPOSE: To recognize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management, and to resolve charges alleging discrimination in the City employment practices, an orderly method of processing grievance is needed to maintain high employee morale, to resolve misunderstanding and different treatment and to maintain harmonious relations.
2. DEFINITION: A grievance is defined as a complaint concerning the interpretation or application of the provisions of a Memorandum of Understanding, rules or regulations governing City Personnel practices or working conditions under the control of an appointing authority for which there is believed to be an equitable and justifiable solution.
3. EMPLOYEE GRIEVANCE PROCEDURE:
a. Regulations: The employee grievance procedure is for use of persons in the competitive and noncompetitive service of the City of Woodlake. The City Clerk is assigned as Personnel Director in this section and any section going forth where the Personnel Director is mentioned. The Personnel Director shall immediately receive a copy of every grievance as it is filed with a department. The Director shall also receive a copy of every reply and appeal. The processing of an appeal shall be considered as City business. The employee and the representative (if a City employee) shall receive reasonable time off from duty for this purpose. Each employee organization shall file with the Director a list of those representatives authorized to handle grievances. No reprisal of any nature shall be taken as a result of an employee filing a grievance.
Aggrieved employees may be accompanied or represented by a person of their choice following the first informal discussion with the immediate supervisor. When more than one employee has a common grievance, they may initiate a single grievance proceeding to be heard by the
Supervisor who has responsibility of the aggrieved. Time limits established in the grievance procedure may be extended by mutual agreement. Grievances shall be processed on standard forms obtainable from a personnel or payroll clerk. Involvement by the Director shall be considered consistent with this procedure. The employee may in writing waive any step in the procedure.
b. Informal Procedure: A complaint shall first be discussed with the immediate supervisor. When a complaint cannot be settled during an informal discussion between the employee and the immediate supervisor, there may be a further informal discussion between the aggrieved, the supervisor and the employee organization representative. If there is no acceptable solution reached, the 97 38
formal grievance procedure can then be initiated.
c. Formal Procedure:
STEP ONE:
The employee must complete the first step of the grievance form stating the problem and a suggested solution. The form shall be submitted to the immediate supervisor within five (5) working days from the date of the last informal discussion. The immediate supervisor shall complete the first step
portion and return the original form to the employee within five (5) working days.
STEP TWO:
Provided the written statement of the immediate supervisor does not satisfactorily dispose of the grievance, the employee may within five (5) working days after receipt of the immediate supervisor’s decision, deliver the original form to the department head. The department head and the immediate supervisor shall together discuss the problem with the aggrieved employee. The response shall be made in writing on the grievance form and within five (5) working days delivered to the employee.
STEP THREE:
Provided the written statement of the department head and the immediate supervisor does not satisfactorily dispose of the grievance, the aggrieved employee may, within five (5) working days after receipt of the department head's answer, deliver the original form to the Personnel Director for presentation to the Grievance Panel. The Grievance Panel shall consist of one (1) City employee member appointed by the Grievant; one (1) member appointed by the Director, and chaired by a representative of the State Conciliation Service. The appointed panel members may not be employed in the same department as the Grievant. The Director shall conduct a formal fact finding investigation into the issues raised by the grievance and shall prepare a report within twenty (20) working days. The Grievance Panel shall meet and hear the grievance within (5) working days from the receipt of the report from the Director. The decision of the panel shall be recorded on the original grievance form and delivered to the employee within five (5) working days after the hearing.
STEP FOUR:
Provided the written statement of the Grievance Panel does not satisfactorily dispose of the grievance, the employee or the Director may, 98 39
within five (5) working days after receipt of the Panel's answer, appeal to the City Council by delivering the original form to the City Clerk. A letter of explanation must also be submitted which sets forth in detail the grounds for the appeal. The hearing shall be conducted during an official closed session Council meeting, witnesses may be called and a person of their choice may represent the Grievant. The Council shall record its decision on the grievance form at the earliest possible date after the grievance was filed with the City Clerk. The Council's decision shall be final. The City Clerk shall furnish a copy of theCouncil's decision to the Grievant, Personnel Director and department head concerned.
4. DISCRIMINATION GRIEVANCE PROCEDURE
A grievance that alleges discrimination based on race, sex, color, age, ancestry, national origin, religion, marital status, or physical or mental handicap shall be handled thought the grievance procedure outlined above, with the following modifications:
a. The above procedure shall be available to all persons alleging discrimination in the employment practices of the City.
b. The department of each discrimination complaint filed by the employee(s) or applicant(s) during the informal process shall notify The Director or designee.
Employees and applicants may counsel with the Affirmative Action Officer who may conduct an investigation and take steps to resolve the grievance at any level contained in this procedure.
Grievance forms may be obtained from the Personnel Department and are included in this packet as Attachment C.
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CITY OF WOODLAKE
RULE NO. 14.1: REPORTING IMPROPER ACTIVITY AND WHISTLEBLOWER
PROTECTTION
1. PURPOSE: To report improper acts by a City employee, such as:
• Violation of any law, regulation, or ordinance
• Conflict of interest
• Fraud, waste, or misuse of City property
• Theft, misuse of, or misappropriation of City resources, property, information, assets or funds, or an attempt to do any of the same
• Creation of a specific and substantial danger to public health or safety by failing to perform duties required by the City
• Intentional falsification of records (including failure to disclose material facts or making of false or misleading entries or statements with the intent to deceive on any City document or other official document, report, or form, including but not limited to City financial records and environmental regulatory reporting), or the willful and unauthorized destruction or mutilation of any City document or other official document, report, or form, including financial records
• Intentionally submitting false claims for payment or reimbursement • Knowingly submitting or signing a timesheet that contains false information • Forgery or intentional unauthorized alteration of a City document or other official document, application, report, or form, including but not limited to, City financial documents
• Improprieties in the handling or reporting of financial transactions involving the City • Authorizing or receiving payment by the City for goods not received or services not performed • Computer-related activity involving unauthorized alteration, destruction of data, forgery, or manipulation of data or misappropriation of City-owned software
2. REPORTING PROCEDURES AND REVIEW PROCESS:
Written complaints must be filed within twelve (12) months of the alleged act.
The written complaint must include all of the following information, or it may be rejected as inadequate:
a. It must be addressed or directed to the City Clerk
b. Include the name and mailing address of the complainant, the complainant’s work title, or position applied for if the complainant was an applicant for employment. c. Contain a detailed description of the specific actions that constituted the alleged improper governmental activity, including the name(s) and title(s) of the employee(s) or official(s) allegedly engaged in the improper governmental activity. 100
41 d. Include the name of any other official to whom the improper governmental activity was reported, and the date and manner of the disclosure. If the reporting was done in writing, a copy of the report should be enclosed with the complaint. e. Contain a description of the specific actions taken that constituted the alleged action, including the date(s) of such actions, and the names and titles of the individuals who allegedly took the actions, and an explanation of the reasons why the complainant believes those actions were an improper governmental activity.
f. Be signed, dated, and include a sworn statement that the contents of the written complaint are true, or are believed by the complainant to be true, under penalty of perjury. g. The City Clerk will acknowledge to the complainant in writing having received the complaint within ten (10) days of receipt. The acknowledgment may include a request for additional information.
h. The City Clerk or his or her designee may investigate the complaint to determine if misconduct or violation has occurred.
i. Complainants are required to fully cooperate with the investigator(s). Investigator(s) will conduct an initial interview of complainants within thirty (30) days of receipt of the complaint.
Complainants will be given the opportunity to present a list of witnesses and any documentary evidence in support of the allegations.
j. The investigator(s) shall prepare a written report. The report shall include a summary of the investigation and a conclusion.
3. NO RETALIATION:
Whistleblower protections are provided in two important areas: confidentiality of the report and protection against retaliation. The confidentiality of the whistleblower will be maintained to the extent possible to investigate the report and to address the alleged violation. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law, or to provide any accused individuals their legal rights of defense.
No City officer, or employee, or any person acting on behalf of the City, shall influence, restrain, or prevent any employee or member of the community from disclosing information that the employee or member of the community has reasonable cause to believe relates to or is evidence of misconduct. Any employee acting in good faith and upon a reasonable belief as a whistleblower that misconduct has occurred, or who believes the City has disclosed or may disclose such information will be protected from threats and/or retaliation, including, but not limited to, discharge, demotion, suspension, harassment, reduced compensation, changes in the terms and conditions of employment, or other forms of discrimination. Additionally, no employee may be adversely affected because the employee refused to carry out a directive that would result in a violation of state or federal statute or a violation of or noncompliance with local, state, or federal rule or regulation.
Whistleblower protection from retaliation also includes the following circumstances:
• When a whistleblower complaint is filed against a person who has authority over the complainant or filed against a person who has authority to investigate, discover or correct the alleged violation or noncompliance.
• When whistleblowers provide information to or testify before any public body which is 101
42 investigating, hearing, or inquiring into an employer’s violation of or noncompliance with local, state, or federal rules or regulations.
• When a whistleblower reports a reasonable belief of a violation of a municipal ordinance.
This policy does not prohibit the City from taking adverse action for legitimate, nondiscriminatory reasons that are unrelated to the whistleblower complaint. Such legitimate or non-discriminatory actions may include discipline for a legal cause or refusing to hire, promote, transfer, or take any other legitimate personnel action based on inadequate qualifications or poor performance reviews.
The City’s Whistleblower Policy is intended to describe the City’s policies and procedures for reporting prohibited activities and protecting whistleblowers. This policy is in addition to and does not supplant whistleblower protections and procedures provided under state and federal laws. 102
CITY OF WOODLAKE
43 RULE NO. 15: ADMINISTRATION POLICY
1. CENTRAL FILE: The Personnel Director shall maintain a central roster, which includes the name, address, and the employing department of each City employee.
2. EMPLOYEE FILES: The Director shall maintain personnel folders or employee files which shall include the employment record of each City employee. The files shall include all personnel transaction forms, medical placement results, performance appraisal forms, other pertinent data pertaining to the employment history, and the current address of the employee. Official documents shall not be removed from the employee personnel folders. However, counteracting forms or orders may be filed with the original forms or orders. Official mailings shall be made to the employee's address of record. Employee personnel folders or employees' backgrounds shall not be public information. The Director may give only a factual summary of employment with the City. Employee may access their own file by requesting it from the Director.
3. LEAVE ACCOUNTING: Leave accounting shall be a function of the payroll section of the Finance Department. Documents indicating the official record shall be forwarded to operating departments regularly and they shall be made easily accessible to the employees. The Director shall hear complaints and seek solutions to complaints that cannot be solved through routine reporting methods.
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RULE NO. 16: WORKING HOURS, OVERTIME, STANDBY AND COMPENSATORY
TIME POLICY
1. HOURS OF WORK: Forty hours per week performed on Monday through Saturday, both days inclusive shall constitute a week’s work for all employees except for the City Administrator, Department Heads, Part-time, salary, seasonal employees, and public safety employees. Work hours shall be between 7 a.m. and 5 p.m. unless otherwise authorized by the City Administrator.
Administrative Heads employed on a full-time basis are presumed to be employed to discharge all assigned responsibilities on a minimum schedule of forty hours per week with no established maximum. The work week as defined by FLSA starts at 12:00 AM on Sunday and ends the following Saturday at 11:59 PM. The City Council may by resolution establish their workdays and workweeks of a different length for certain departments in order to meet specific operational needs.
2. CALL BACK: If an employee is called back in to work during the work week after the completion of their regular shift the City agrees to provide for a minimum call back time of one and one-half (1.5) hours. If the time actually worked is less than one and one-half (1.5) hours, the timecard shall reflect time worked as one and one-half (1.5) hours (the minimum as regular time). If the time actually worked is greater than one and one-half (1.5) hours, the timecard shall reflect the time actually worked as overtime if workweek hours have been met. If the employee who is called back is not receiving standby pay for the day on which the callback time is worked, the employee shall be compensated at the time-and-one-half rate for all hours recorded on the timecard as overtime, with a one and one-half (1.5) hour minimum. Callbacks occurring on Sundays or a holiday are an exception to the above. In such cases, the 1.5-hour minimum time shall apply but all time shall be paid at the time-and-one-half rate regardless of whether or not the employee is receiving standby compensation for that day. Call-out time is defined as: when an employee is called back to work after the completion of a normal workday, to perform work for the Department, except when an employee is called to work one hour or less prior to the employee's work schedule. When an employee is called out to work, the employee shall receive, at the employee's option: a minimum of one and one-half (1.5) hours’ pay, or compensatory time off, at the rate of one and one-half (1.5) the employee's regular rate of pay.
3. STAND-BY: Employees who are required to serve a stand-by schedule from Friday at 7:00 a.m. to the following Friday at 6:59 a.m. shall be paid for each seven-day schedule. Standby compensation will be One Hundred and Fifty Dollars ($150.00) per week. Call out time shall be one and one- half (1.5) hours minimum. Time worked after one and one-half (1.5) hours shall be paid as actual time worked. Employees on “standby” status agree to remain within a thirty (30) minute response time to the City of Woodlake. City employees serving on standby shall be required to refrain from certain behaviors that could impair their ability to operate City vehicles or equipment or their ability to perform certain tasks. Typically prohibited behavior would include consumption of alcohol and usage of any drugs that would preclude them from safely operating necessary vehicles or machinery or that could be reasonably expected to create an 104
45 unsafe impairment. If an employee is to take a day off during their stand-by schedule, that employee will need to coordinate with a co-worker and the department head for coverage.
Employees are not allowed to take a day off and cover stand-by. The department head will decide if coverage is needed when an employee needs time off during their stand-by.
4. OVERTIME: It is hereby declared to be the policy of the City that unauthorized overtime work without prior approval is not permitted and is subject to disciplinary action and possible termination. Where, in the judgment of the Department Head, work beyond the established week is required, employees shall be compensated by time and one-half pay.
Employees will receive overtime compensation for all hours worked over forty (40) in a week. All overtime hours worked must be approved by a supervisor or department head. All overtime-eligible employees may not “volunteer” work time to perform duties that are the same or similar as their stated or regular job duties, as volunteered time or “off the clock” work.
Employees working overtime hours will be compensated in one of two ways: overtime pay, which is paid at 1-1/2 times the regular rate of pay or compensatory time off, which is accrued at 1-1/2 hours for each hour worked.
5. COMPENSATORY TIME: Compensatory time earned by Employees shall be at their rate of one- and one-half hours (1-1/2) for each hour of overtime worked. Use of "comp time" shall be taken only with the prior approval of the department head in accordance with the needs of that department. Employees can accrue compensatory time off for overtime hours worked.
Employees shall submit compensatory time off requests as far in advance as possible.
Employees may accrue up to 60 hours of compensatory time off. In order to maintain a balance below the maximum of 60 hours, department heads may request that the employee use accrued compensatory time.
The above Working Hours, Overtime, Standby and Compensatory Time Policy do not apply to Woodlake Police Officers Association (WPOA) members. Please refer to the Memorandum of Understanding (MOU) in effect with reference to the WPOA. 105
46 CITY OF WOODLAKE
RULE NO. 17: HOLIDAYS
1. The City of Woodlake shall observe the following LEGAL HOLIDAYS:
New Year’s Day, Martin Luther King’s Birthday, Presidents Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Day. Christmas Eve & New Year’s Eve Day may be taken as half day if holiday falls on Monday, Tuesday, Wednesday, Thursday or Friday. Holidays only apply to permanent regular and probationary employees and shall be earned on the date that they fall.
2. Each full-time employee shall be entitled to:
A Birthday Holiday each year to be taken during the week in which the employee's birthday falls, at the discretion of the Department Heads.
3. In addition, each full-time employee shall be entitled to:
Two Floating Holidays to be taken at the employee's discretion, on a date approved by the Department Head. WPOA members receive One Floating Holiday to be taken at the employee’s discretion, on a date approved by the Chief of Police as agreed upon in the memorandum of understanding currently in effect.
4. No regular employee in the City service shall be required to:
Be on duty on holidays unless the employee's services are needed and required in the interest of the public health, safety or general welfare, in which event any such employee shall be entitled to compensation at time and one-half.
Exception: Police Personnel will receive (11) holidays (88 hours) per fiscal year, to be taken off as approved by the Chief of Police. They should receive no extra compensation should they be required to work on a recognized holiday. In the event a non-management Police employee terminates employment (for any cause) after using all or part of his/her holiday time, but prior to the end of the fiscal year, holiday time, holiday time shall be prorated based on time worked and hours in excess of time earned shall be taken out of the employee’s final check. In the event any employee does not utilize all of his/her holiday time by the end of the last pay period in the fiscal year, they shall not earn any new holiday time until the prior year’s holiday time is used. At that time the employee shall start earning holiday time on a prorated basis.
5. In cases when a holiday occurs during the weekend:
When a holiday falls on a Sunday: the following Monday shall be observed. When a holiday falls on a Saturday: the Friday before shall be observed.
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47 CITY OF WOODLAKE
RULE NO. 18:VACATIONS
1. Employees of the City of Woodlake shall be entitled to vacations in accordance with the following schedule.
Years of
Service Vacation Working Days per Year
6 months days accumulated
1-2 years 12 days
3-4 years 13 days
5-6 years 14 days
7-8 years 15 days
9-12 years 16 days
13-14 years 17 days
15-16 years 18 days
17-18 years 19 days
19-plus years 20 days
2. Vacation earned in one anniversary year may not be taken during such anniversary year, but must be taken during the next succeeding anniversary year unless, due to unusual circumstances, the Director authorizes an exception. Any employee who continues in the service of the City after the period in which he must take his vacation, but who elects not to take such vacation, forfeits his right to such vacation or payment in lieu thereof. The Director will notify the employee forty-five (45) days prior to potential loss.
3. Vacations shall be taken at the times designated by the Department head and approved by the Director.
4. In the event that an employee who has been employed by the City for one year or more is dismissed or resigns from the City service, he shall be entitled to receive payment in lieu of any vacation earned in an anniversary year preceding the date of his dismissal or resignation, but not yet taken or forfeited, plus vacation earned from his last anniversary date to the date of his dismissal or resignation. No employee shall receive any payments in lieu of vacation while he remains in the service of the City, unless specifically authorized by the City Council or as part of the City-wide buyback program.
5. Department Heads shall receive 12 days’ administrative leave each fiscal year in addition to the above. Administrative hours are not rolled over and are not paid out when an employee separates from the City.
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48 6. Vacation credit for an employee shall continue to accrue if he/she is absent on sick leave or vacation.
7. When an employee who was laid off without prejudice is subsequently reinstated or reemployed to the City service within (2) years after lay-off, the total continuous service time accumulates prior to the date of lay off shall be considered when determining the credits for the vacation with pay which the employee shall receive.
8. Once each fiscal year on the first payroll period of December employees with one hundred and twenty (120) or more hours of accrued vacation may redeem up to forty (40) hours of vacation in pay at the employee’s current base rate of pay, if the City of Woodlake finances are in the position to cover such a redemption for all employees and if approved by the City Council.
9. Employees will be allowed to accumulate a maximum of two hundred and forty (240) hours of vacation. Employees will seize accumulating vacation when they reach two hundred and forty (240) hours. The City Administrator may grant such an exception if she/he believes it is in the best interest of the City of Woodlake. The Director will notify the employee forty-five (45) days prior to potential loss. The City Council may negotiate a different vacation compensation program for the City Administrator position.
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49 CITY OF WOODLAKE
RULE NO. 19: SICK LEAVE
1. Upon the completion of one month of continuous full-time service, each officer and employee shall be allowed one working day of credit for sick leave with pay. Thereafter, for each full calendar month of full-time service, he/ she shall be allowed one day of credit for sick leave with pay. For part-time employees the amount of 40 hours or five (5) days each calendar year may be accrued at a rate of one (1) hour per thirty (30) hours worked in accordance with SB 616. Sick leave may be used after 90 days of employment.
2. Sick leave is a protected leave pursuant to Labor Code section 233, but shall only be allowed in case of necessity under the following covered reasons: personal illness or physical incapacity resulting from causes beyond the employee's control; illness of a member of the employee's household that requires the employee's personal care and attention; enforced quarantine of the employee in accordance with community health regulations; to keep doctor's or dentist's appointments; the death of a member of the employee's immediate family; For preventative care and/or to take measures related to qualifying acts of violence as discussed in Government Code section 12945.8; or to care for a “designated Person” pursuant to Assembly Bill 1041 and Labor Code section 245.5, subdivision (c) (8). In addition, any other reason not mentioned but covered under Labor Code Section 246.5 and 12945 is also a qualifying reason. A department Head or the Director may require evidence as to the adequacy of the reason for any employee's absence during the time for which sick leave is requested.
The definition of close relative" or "immediate family" shall be:
1. Spouse
2. Parent or stepparent
3. Brother or stepbrother or half-brother
4. Sister or stepsister or half-sister
5. Child or stepchildren and their spouses
6. Grandparents
3. Personal Leave- (4) days personal leave (one day per F.Y. quarters) may be taken and deducted from sick leave without affecting the Wellness Program. Quarters to be calculated at three-month time spans beginning July 1. Personal leave cannot be accrued.
4. In the event an employee is absent due to disability incurred on duty and is entitled to temporary disability indemnity under the Worker's Compensation laws, he shall take such indemnity, and his sick leave pay shall be reduced a comparable amount if the indemnity shall continue. Sick leave will be deducted for rehab sessions & physical therapy visits which are not paid by the Workers Compensation Carriers.
5. Reemployment of an employee who has been laid-off without prejudice who is subsequently 109
50 reemployed within two (2) years of being laid-off shall be granted sick- leave credits equivalent to the accrued credits at the date of termination of that employee.
6. Upon honorable separation, an employee who has been in continual service for ten years shall be paid 25% of the accumulated sick leave, not to exceed 31 days’ payment.
7. Sick Leave Wellness Program -In January of each year the City will buy three (3) days unused Sick leave, if no Sick leave was taken in a year. The above Personnel Leave Program will not affect the Sick Leave Wellness Program. This program is possible provided that the City of Woodlake finances are in the position to cover such redemption for all eligible employees.
8. A retiring employee should consider at the time of retirement the opportunity to convert all, or a portion, of unused sick leave into service credit as part of the City’s contract with CalPERS.
Check with CalPERS for eligibility.
9. The City Council may negotiate a different sick leave compensation program for the City Administrator position.
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51 CITY OF WOODLAKE
RULE NO. 20: LEAVE OF ABSENCE
1: LEAVE OF ABSENCE WITHOUT PAY: GENERAL PROVISIONS:
a. A leave of absence without pay may be granted to a City employee who has completed at least six (6) months of continuous employment immediately preceding the effective date of such leave. An employee may be granted a leave of absence without pay, even though the employee has not completed six (6) months of continuous employment, for reasons, which are satisfactory to the City Council. b. A leave of absence without pay, and extensions thereof, may be granted for a total period of not more than six (6) continuous months of leave of absence. c. A leave of absence without pay shall not constitute a break in City employment and the employee shall retain the accrued rights of an employee under this Article at the time such leave is granted. An employee who returns to City Employment after a leave of absence without pay shall receive the same step in the salary range which the employee received when the employee commenced the leave of absence, and the employee's salary anniversary date shall be postponed one (1) pay period for each pay period that the employee is on such leave of absence.
d. An employee shall receive no credits for vacation or sick leave with pay for any time spent on leave of absence without pay.
e. During the period that an employee is on leave of absence without pay, the employee's position shall be deemed to be vacant, and the department head on a temporary basis may fill the position until the employee on leave of absence returns to City employment.
f. If an employee fails to return to City employment upon the termination of a leave of absence without pay, the department head may cause the employee to be separated from City employment and, thereupon, all rights of the person as City employee shall terminate except the right to payment for any accrued credit for vacation with pay. 2: LEAVE OF ABSENCE WITHOUT PAY: PROCEDURE
a. A leave of absence without pay may be requested by an employee who qualifies however; the leave shall not be granted or extended without the approval of the employee's department head. Application for leave of absence without pay or an extension of said leave shall be made upon forms prescribed by the Personnel Director and shall include the specific reason for the request, the date on which the leave is to commence and the probable date of return.
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52 b. The Director shall have the authority to grant leaves of absence and extensions thereof for all employees except those officers and employees who are appointed by the City Council. If the Director does not grant the leave or extension requested, he shall submit it to the City Council for action if requested by the department head.
In those cases where the leave or extension is requested by an officer or employee appointed by the City Council, the Director shall transmit the application accompanied by recommendations to the City Council.
3. LEAVE AUTHORIZED BY DEPARTMENT HEAD:
Notwithstanding the provisions of sections 1 and 2 of this Article, a department head may authorize an employee in the department to be absent without pay for not more than forty - (40) consecutive working hours. Such permission to be absent may be granted for any reason, which the department head determines to be adequate. The payroll records shall show the employee as being absent on the days on which such leave is taken and the employee shall not be paid for the period of absence. Such leave of absence shall have no effect on the accrued rights or the salary anniversary date of the employee. Credit for vacation with pay and credit for sick leave shall not accrue to the employee during the period of the absence. For any leave of absence without pay, which exceeds the aforementioned forty consecutive working hours, the provisions of sections 1 and 2 of this Article shall be complied with.
4. MILITARY LEAVE OF ABSENCE:
The Director of Personnel shall grant all leaves of absence for military purposes, which the City is required to grant under the Military and Veterans Code of the State of California and the other applicable State laws. The provisions of section 1 of this Article concerning leave of absence without pay shall also be applicable to leave of absence for military purposes except with regard to those matters in which State law supersedes the provisions of section 1.
5. LEAVE OF ABSENCE WITH PAY:
The Director shall grant all leaves of absence with pay which the City is required to grant. The provisions of section 1 of this Article concerning leave of absence without pay shall also be applicable to leave of absence granted pursuant to this section except with regard to those matters in which State law supersedes the provisions of section 1.
Attachment A. Leave of absence without pay forms.
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53 CITY OF WOODLAKE
RULE NO. 21: EMPLOYEE CONDUCT AND DRESS CODE
Employees shall be in attendance at regular work in accordance with these rules and general department regulations. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be cause for immediate discharge, and such employee automatically waives all rights under these rules.
No employee of the City shall engage in additional employment outside the official hours of duty that in any way affects the quality, the efficient performance or punctuality of his work or casts discredit upon or creates embarrassment to the City.
No officer or employee of the City shall have any financial interests in the profits of any contract, service, or other work performed by the City, or shall personally profit directly or indirectly from any contract, purchase, sale or service between the City and any person or company, or personally or as an agent provide any surety, bail or bond required by law or subject to approval of the City Council. No officer or employee shall accept any free or preferred services, benefits, or concessions from any person or company doing business with the City of Woodlake. Any official or employee who violates the provisions of this section shall be guilty of misconduct in the City service.
Any employee whose paycheck has been legally attached shall correct the situation after the first attachment. The matter shall be brought to the attention of the Council by the department head after the first attachment and if there are any extenuating circumstances they should be presented at that time.
Regardless of any departmental mandated minimum standards or recommended guidelines, an employee with a medical condition, a religious belief or a safety issue which would be affected by this dress code, may contact the Personnel Director to discuss an appropriate accommodation.
All City of Woodlake employees are required to maintain reasonable grooming standards and dress appropriately for work each day based upon their positions and assignments. The requirements set forth herein are minimum recommendations.
Individual exceptions may be approved on a day to day basis by supervisors based upon particular assignments, for example requiring professional dress on an otherwise casual day when appropriate, or permitting jeans on days when it is expected that the work will be such that clothes may be soiled. Monday through Thursday will require professional dress and Fridays will be considered casual unless otherwise instructed by a supervisor.
The following general guidelines shall pertain City wide:
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54 a. Clothes shall be neat, clean, tidy, and fit appropriately (i.e., shall not be to tight or too baggy).
b. Clothes shall not contain any political statements or symbols, pornography, offensive language, advertising or promotion of alcohol or drugs. c. Clothes shall not be ripped, torn, or frayed.
d. No clothes shall be worn which exposes undergarments or midriffs. e. Employees shall not be permitted to work barefoot.
f. No hats shall be worn. (Exceptions may pertain for outside work or for religious, medical, or safety reasons).
g. Tattoos will be concealed by clothing for employees who work in air conditioned buildings. Individuals hired with visible tattoos on body parts that cannot easily be covered, such as the neck or hands, will be permitted to leave those body parts uncovered.
h. In addition to the above restrictions, the following are specifically not permitted:
1. Flip flops or thong style sandals and/or shoes
2. Tank tops
3. T-shirts (Henley style shirts are permitted)
4. Sweat pants/jogging suits/workout clothes
5. Sheer or risqué blouses
6. Leggings
7. Tube tops
8. Bikini shorts
9. Body piercing except for the ears
Dress code violations that are presented should be first discussed with the individuals supervisor and the department head or designee before discussing the matter with the employee. If it is then determined that an issue is presented which requires further attention, then:
a. The employee should be interviewed by a supervisor or manager to determine if any medical, religious or safety issue is presented.
b. If no medical, religious or safety issue is presented, the employee should be counseled regarding the inappropriate clothing, and
c. The employee should be directed to not wear the inappropriate clothing to work again, and
d. The employee may be sent home on their own time to change the inappropriate attire, and
e. The employee should be advised that further violation could lead to disciplinary action, and
f. The counseling should be documented
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CITY OF WOODLAKE
55 RULE NO. 22: REST PERIODS
Every employee may be granted a rest period not to exceed fifteen (15) minutes during each four (4) hours or major fraction thereof of a working period, but the total for any day shall not exceed thirty minutes. The department head shall determine the time when the rest period is to be taken and to whom it applies. Insofar as practicable, the rest period shall be granted in the middle of each work period. A rest period shall not be granted during the first or last hour of a work period nor shall rest time be accumulated. A department head is not obligated to provide time or facilities for refreshments during the rest period or for the procurement thereof. No wage deduction or time off shall be made or charged for an authorized rest period, nor shall any rights accrue for overtime if a rest period is not taken. A department head shall not authorize rest periods if granting them would in any instance require the hiring of additional personnel to perform the work of regular employees during rest periods. 115
CITY OF WOODLAKE
56 RULE NO. 23: SCHEDULES OF DEPARTMENTS
1. SCHEDULE OF DEPARTMENTS AND AUTHORIZED POSITIONS:
The Council shall, by resolution, adopt a schedule creating the various departments of the City government, stipulating therein the numbers and kinds of positions allocated to each department, the basis of compensation for each position and any special allowances or conditions of employment. The Director of Personnel is hereby authorized and empowered to reprint the approved schedule which shall contain all the revisions, changes and amendments adopted by the Council and furnish copies of said schedule to all department heads or appointing authorities and other interested persons.
2. EMERGENCY APPOINTMENTS:
Whenever in the judgment of the City Council it is necessary for the expeditious transaction of business for any City department to employ a person on an emergency basis in a type of position for which no classification or salary has been provided, the City Council may, by resolution, authorize such employment, fix the amount of compensation, determine the minimum qualifications for the position, and limit the period of time during which the position will be allowed on an emergency basis.
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CITY OF WOODLAKE
57 RULE NO. 24: CLOTHING AND EQUIPMENT
1. Full-time employees of the Police Department shall be allowed a uniform allowance as agreed upon the memorandum of understanding currently in effect. Necessary equipment will be issued at the discretion of the Chief of Police.
2. Full-time employees of the Public Works Department shall be furnished uniforms at the expense of the City. The City shall provide uniforms as needed, at the discretion of the department head. An annual boot allowance shall be granted to all public works employees in the amount of One Hundred and Fifty Dollars ($150.00). The amount will be payable July 1 of each year on a reimbursable basis. New employees will receive a boot allowance on a pro-rated basis. The employees shall not wear the uniforms or boots for other than City job-related purposes. An employee will have to pay for replacement of, loss, or careless damages to the uniform.
The City shall provide equipment as needed, at the discretion of the department head. Vehicles may be assigned to individual employees as necessary. Employees may take vehicles home when on stand-by. Employee may also take their vehicles home during their thirty (30) minute lunch period. Lunch period is to be taken between 12:00 p.m. and 1:30 p.m. 117
CITY OF WOODLAKE
58 RULE NO. 25: RETIREMENT
1. City employees shall not work beyond the age established by the California Public Employees Retirement System (CalPERS).
2. Whenever an employee meets the qualifications for retirement, and the conditions set forth under the City's retirement regulations, he may elect to retire and receive all benefits earned under the City retirement plan.
3. The City provides the following retirement benefits:
A. PERS, 2% at age 55 Plan (eligible Public Safety employees hired before January 1, 2013).
B. PERS, 2% at age 57 Plan (eligible Public Safety employees hired after January 1, 2013).
C. PERS, 2% at age 55 Plan (eligible Non-Safety employees hired before January 1, 2013).
D. PERS, 2% at age 62 Plan (eligible Non-Safety employees hired after January 1, 2013).
E. Employee is responsible for their PERS contribution.
F. The City of Woodlake will match up to $200 a month for all regular employees and $300 a month for Administrative employees toward their Deferred Compensation Section 457 program.
G. For those employees who opt out of City-provided medical insurance, the employee cost, as per annual table rates, will be contributed to their Deferred Compensation Section 457 program. That amount will also cover the employees’ monthly contribution, if they choose. Proof of medical insurance for the employee will need to be provided before opting out.
4. Early retirement, with reduced benefits, is available to an employee provided he/she has reached the minimum age of fifty (50) years. Employees contemplating retirement are strongly urged to contact CalPERS directly to estimate retirement benefits, eligibility and plan accordingly.
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CITY OF WOODLAKE
59 RULE NO. 26: WORKER'S COMPENSATION BENEFITS
In the event an employee is injured or becomes ill under circumstances which entitle the employee to receive disability payments under the provisions of the Workers' Compensation Insurance Laws of the State of California and the employee is absent from duty as a result of such injury or illness, the employee may elect to apply accrued sick leave to such absence and receive regular City salary for a period not to exceed the number of hours of accumulated sick leave. If any employee elects to take sick leave under such circumstances, said sick leave shall be charged at the rate of one-third (.33) hour of sick leave for each hour’s disability payment to which the employee would otherwise be entitled. If such disability payments are actually received, the employee shall deposit in the City Treasury a sum of money equal to the disability payments. In such cases, where the employee is entitled to benefits from Workers’ compensation Insurance Laws, such benefits will not accrue until after the third day after the industrial accident or illness occurred (Labor Code Section 4451 et seq.) Policy: November 1982: Workers Compensation- on the job injuries Sick leave will be deducted after three (3) days of absence. Sick leave will be deducted according to the rate of temporary disability paid by the worker compensation carrier in order to equal the employee's full wage. Sick leave will be deducted for rehab & physical therapy sessions.
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60 RULE NO. 27: BASIC PAY PLAN
The basic pay plan is intended to provide fair compensation for all classes in the classification plan with regards to range of pay for other classes in the City's service, general rates of pay for similar employment in private establishments and other public jurisdictions in the area, cost of living, the financial condition of the City and other factors. To this end, the Director will from time to time make comparative studies of all the factors affecting the level or salary ranges and will recommend to the City Council such changes in salary ranges as appear to be pertinent.
Adjusting classes upward will make adjustments or downward to the appropriate standard salary range here in provided.
Where the salary range for a given class or for several classes is revised upward or downward, the employees holding positions in classes affected shall have their existing salary adjusted to the same relative step in the new salary range.
BASIC PAY PLAN:
Step A: Is the minimum rate and shall be the hiring rate for the class. In the interest of hiring the best qualified personnel, the Director may be authorized to hire at a higher step.
Step B: Is an incentive advancement to encourage an employee to improve their work.
Employees may be advanced to the B step at the beginning of the pay period following the completion of six months of satisfactory service and upon the recommendation of the department head.
Step C: Represents the normal rate for the class adequate to compensate for satisfactory service after the employee has completed his period of training. Any employee may be advanced to the C step at the beginning of the pay period after completion of one year of service at the B step, upon recommendation of the department head and approval of the Director.
Step D: Is reserved to reward employees who continue to progress in work performance. An employee may be eligible to advance to this step after completion of at least one year of service at the C step and upon recommendation of the department head and approval of the Director.
Step E: Shall be considered a further and final incentive step to encourage the employee to achieve and maintain an above average level of work performance. An employee shall be eligible to advance to this step after completion of at least one year of service at the D Step and upon written certification of the department head that the employee's work performance has been above average and approval by the Director. 120
61 An employee placed on a reemployment list may, within 2 years of being placed on said list, be reemployed to the same position or equivalent position at the same salary step at the time of lay off.
An employee who resigns from the City service in good standing may, within 2 years from the date that the employee resigned, be reinstated to the same position or equivalent position in the salary range which is at least the same step as the salary step that the employee was receiving at the time of resignation.
1. SALARY ANNIVERSARY DATE:
a. An employee who is appointed to a position at Step A of the salary range shall have his/her first salary anniversary date on the first day of the period following the completion of six (6) months service. An appointment to a position at a step higher then Step A will result in an anniversary date on the first day of the pay period following the completion of 12 months’ service.
b. If an employee is granted a Salary increase for any reason on a date other than his/her salary anniversary, that date shall become his/her new salary anniversary date. If such a salary increase is the result of a promotion to a higher position, the salary anniversary date shall be the first day of the pay period following the completion of six (6) months service. Cost of Living increases granted on a blanket basis should be exempt from this rule.
2. SALARY ON PROMOTION: Any employee who is promoted to a position in a class with a higher salary range shall be entitled to the lowest step in the higher range which exceeds the employee's rate of pay by a minimum, of five percent (5%) as described in the basic salary schedule, and a new salary anniversary date is thereby established. An employee who, on the employee's salary anniversary date, is promoted to a class with a higher salary range shall first receive any within-range increase to which the employee is entitled, and then the promotional increase as provided in this section.
3. SALARY ON DEMOTION: When an employee is demoted to a position in a class with a lower salary range the employee's salary shall be reduced to the salary step in the range for the lower class next lower in amount than the salary which the employee received before demotion and a new salary anniversary date shall be established thereby.
4. SALARY ON TRANSFER: When an employee is transferred from one position to another position in the same class or to another position in a class having the same salary range, the employee shall be compensated at the same step in the salary ranges the employee previously received and the employee's salary anniversary date shall not change.
5. SALARY ON CHANGE IN RANGE ASSIGNMENT: Whenever a class is reassigned to a different salary range by the Council, the salary of each incumbent in such class on the date the 121
62 reassignment is effective shall be raised or lowered to the same step in the new salary range as the step at which the employee was compensated prior to the reassignment and the employee shall retain the same salary anniversary date. When a salary range reassignment becomes effective on the same date as the employee's salary anniversary date, the employee shall first receive any within-range increase in compensation to which the employee is entitled and then receive the corresponding step adjustment.
POLICE EMPLOYEES SALARY PLAN
The Police Salary Plan is intended to provide fair compensation for police employees with regards to the range of pay for other public jurisdictions in the area, cost of living, the financial condition of the city and other factors. To this end, the director will prior to memorandum of understanding negotiations make comparative studies of all factors affecting the level of salary ranges and will recommend to the city council such changes in salary ranges as appears to be pertinent.
A five-step salary plan for (sworn) police personnel excluding management class police employees is hereby established.
The related ranges and steps will be set by the city council by resolution.
STEP A: Is the minimum rate and shall be the normal hiring rate for police officer & police sergeant positions. In the interest of hiring the best qualified personnel, the Director may authorize the department head to hire at a higher step.
STEP B: Represents the normal rate of compensation for the class. The employee may be advanced to step 2 at the beginning of the pay period following the satisfactory completion of the fifteen (15) month probationary period and on the recommendation of the department head and approval of the director.
STEP C: Represents the normal rate for the class adequate to compensate for satisfactory service after the employee has completed his period of training. Any employee may be advanced to the C step at the beginning of the pay period after completion of one year of service at the B step, upon recommendation of the department head and approval of the Director.
Step D: Is reserved to reward employees who continue to progress in work performance.
An employee may be eligible to advance to this step after completion of at least one year of service at the C step and upon recommendation of the department head and approval of the Director.
Step E: Shall be considered a further and final incentive step to encourage the employee to achieve and maintain an above average level of work performance. An employee shall be eligible to advance to this step after completion of at least one year of service at the D 122
63 Step and upon written certification of the department head that the employee's work performance has been above average and approval by the Director.
The police records clerk and the code enforcement officer is provided for by the basic pay plan (Rule No. 27).
1. SALARY ANNIVERSARY DATE:
a. A police employee who is appointed to a position at step A of the salary range shall have his/her first salary anniversary date on the first day of the pay period following the satisfactory completion of fifteen (15) months service. An appointment made at a step higher than Step A shall result in an anniversary date falling on the first day of the pay period following the satisfactory completion of fifteen (15) months of service. b. If an employee has been granted a salary increase, for any reason, on a date other than his/her salary anniversary, that date shall become his/her new salary anniversary date. Promotion to a higher paid position shall not be affected by this rule, but shall revert to the above Step E. Cost of living increases shall not effect a change in the salary anniversary date.
MANAGEMENT CLASS EMPLOYEES SALARY PLAN
A three (3) step Salary Plan for Management Class Employees is hereby established.
The related ranges and steps will be set by the City Council by Resolution.
The three (3) steps of each Management Class pay range shall be interpreted and applied as follows.
Step A: is the minimum rate and shall be the normal hiring rate for each Management Position. In the interest of hiring the best qualified personnel, the Director may hire at a higher step.
Step B: represents the normal rate of compensation for the Position. The employee may be advanced to step 2 at the beginning of the pay period following the satisfactory completion of the fifteen (15) months probationary period and on recommendation of the Director.
Step C: shall be considered a final incentive step to encourage the employee to achieve and maintain an above average level of work performance. An employee shall be eligible for advancement to step 3 after completion of at least fifteen (15) months of service at step 2 and upon written certification of the Director that the employee’s work performance has been above average. Advancement to step 3 shall be at the beginning of the next pay period following approval of the salary advancement. 123
64 1. SALARY ANNIVERSARY DATE:
a. Management Class employee who is appointed to a position at Step A of the salary range shall have his/her first salary anniversary date on the first day of the pay period following the satisfactory completion of fifteen (15) months service. An appointment made at a step higher than Step A shall result in an anniversary date falling on the first day of the pay period following the satisfactory completion of fifteen (15) months of service.
b. If an employee has been granted a salary increase, for any reason, on a date other than his/her salary anniversary, that date shall become his/her new salary anniversary date.
Promotion to a higher paid position shall not be affected by this rule. Cost of living increases shall not effect a change in the salary anniversary date. 124
65 CITY OF WOODLAKE
RULE NO. 28: DISCRIMINATION, HARASSMENT, SEXUAL
HARASSMENT, & RETALIATION POLICY
The City of Woodlake is strongly opposed to discrimination, harassment, sexual harassment, and retaliation in the workplace. Such actions by supervisors, employees, and/ or vendors, will not be tolerated and may be sufficient grounds for immediate discharge.
Sexual harassment means: unwelcome, unsolicited, unwarranted sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature when any one of the following three factors are met:
1. Submission to that conduct is made either explicitly or implicitly a term or condition of the individual's employment;
2. Submission to sexual activity or a rejection of the request for sexual favor becomes a basis for a decision concerning an individual's employment; or
3. The conduct unreasonably interferes with the individual’s work performance or creates an intimidating, hostile, or offensive work environment.
If you believe that you are, or have been, a victim of sexual harassment, you are asked to immediately report the incident to your supervisor, department head or the Personnel Department.
SEXUAL HARASSMENT
1. Purpose
To establish policy and procedure to objectively listen to any sexual harassment complaint, to deal with it seriously, to investigate and swiftly take corrective action as appropriate.
2. Definition
Sexual harassment means: unwelcome, unsolicited, unwarranted sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature when any one of the following three factors is met:
a. Submission to that conduct is made either explicitly or implicitly a term or condition of the individual's employment;
b. Submission to sexual activity or a rejection of the request for sexual favor 125
66 becomes a basis for a decision concerning an individual's employment; or c. The conduct unreasonably interferes with the individual's work performance or creates an intimidating, hostile, or offensive work environment.
3. Policy
The City of Woodlake prohibits sexual harassment in the work place. Such harassment by any City supervisor, employee and/ or vendor will not be tolerated and may be grounds for immediate discharge.
a. Notification of Policy
The attached policy statement shall be displayed on all official department employee bulletin boards. All new employees will be given these policy statements. Periodic training will be conducted with City supervisors regarding the City's policy on sexual harassment and procedures to follow if it occurs.
4. Procedures
a. All alleged sexual harassments must be immediately reported to a supervisor, department head, and/ or the Personnel Department.
b. Supervisors, and/or department heads must immediately report any alleged sexual harassment to the Personnel Department.
c. The Personnel Director shall immediately investigate any sexual harassment complaint. d. Based on the findings of the investigation into any allegation or claim of sexual harassment, and consistent with the provisions of Rule No. 13 Dismissal, Demotion and Suspension Policy, the City shall take appropriate corrective action, up to and including immediate discharge.
5. Other Employee Concerns
Matters of concern to an employee which are not eligible for the procedures set forth in Section 101 Equal Employment Opportunity / Affirmative Action, Rule No. 13 Dismissal, Demotion and Suspension Policy, Rule No. 14 Grievance Procedure Plan may be addressed to the Personnel Director.
DISCRIMINATION, HARASSMENT & RETALIATION
6. PURPOSE:
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67 To inform any employee who wants to report an incident of an employee violating the discrimination, harassment or retaliation policies of the City, that the employee should promptly report the matter to his or her supervisor, the head of their department or Human Resources. If these members of management are unavailable or the employee does not receive a response within two days, the employee should immediately contact the City Administrator.
7. REPORTING PROCEDURES:
A fair and discreet investigation will be conducted. Employees can raise concerns, make reports, and participate in any ensuing investigation conducted by the city without fear of reprisal.
During the investigation, the city generally will:
e.interview the complainant and the alleged harasser
f. conduct further interviews as necessary
g.document the City’s findings regarding the complaint
h.document recommended follow-up actions and remedies, if warranted i. inform the complainant of the City’s findings.
Every supervisor who learns of any employee’s concern about conduct in violation of the City’s discrimination, harassment or retaliation policies, whether in a formal complaint or informally, must immediately report the issues raised to senior management or to Human Resources.
Upon completion of the investigation, the City will take corrective measures against any person who has engaged in conduct in violation of this policy, if the City determines such measures are necessary. These measures may include, but are not limited to, counseling, suspension, or immediate termination. Anyone, regardless of position or title, whom the City determines has engaged in conduct that violates this policy will be subject to discipline, up to and including termination.
8. NO RETALIATION:
No employee will be subject to, and the City prohibits, any form of discipline or retaliation for reporting perceived violations of this policy, pursuing any such claim, or cooperating in any way in the investigation of such claims. If an employee believes someone has violated this no-retaliation policy, the employee should bring the matter to the immediate attention of a supervisor or the head of the department or Human Resources. Anyone, regardless of position or title, whom the City determines has engaged in conduct that violates this policy against retaliation will be subject to discipline, up to and including termination.
9. PROTECTED CLASSIFICATIONS:
The following list includes all the protected classifications pursuant to Government Code section 12940;
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68 Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression age, sexual orientation, reproductive health decision making, or veteran or military status.
This policy also prohibits discrimination against individuals who are associated with a person who belongs to, or is perceived to belong to, a protected classification. An example of this includes family members, friends, or caregivers of individuals in protected classifications.
Additionally, this policy covers individuals who engage in protected activities as defined below.
Protected activities include but are not limited to;
1. Requesting reasonable accommodation for a disability, religious belief, or other protected need.
2. Making complaints or opposing practices that are believed to violate this policy or applicable anti-discrimination laws.
3. Participating in investigations, proceedings, or hearings related to this policy, including providing information as a witness or complainant.
Employees who believe they have experienced or witnessed discrimination, including retaliation, are encouraged to report it promptly through internal channels, such as to their supervisor, human resources, or via the company’s anonymous reporting hotline.
In addition to internal reporting, employees have the right to file complaints with external agencies.
This includes the Equal Employment Opportunity Commission (EE O) for federal claims and the California Civil Rights Department (CRD) for state-specific claims in California. Filings with these agencies does not preclude internal resolution, and the city will cooperate with any external investigations as required by law. Employees should be aware that there may be time limits for filing external complaints, and they are advised to consult the relevant agency’s guidelines for details. 128
69 CITY OF WOODLAKE
RULE NO. 29: DRUG FREE WORKPLACE POLICY
The City of Woodlake is committed to protecting the health and safety of City employees and the public at large from the hazards caused by the misuse of alcohol or drugs by City employees. It is the policy of the City of Woodlake that employees shall not report to work under the influence of alcohol or drugs, possess alcohol or drugs while on duty or when subject to being called to duty, sell or provide drugs to any employee or to any person while such employee is on duty or subject to being called, or have their ability to work impaired as a result of the use of alcohol or drugs.
1. POLICY
a. Assure that employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner;
b. Create a work place environment free from the adverse effects of drug and alcohol substance abuse of misuse;
c. Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and
d. Encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency; adversely affect their ability to perform their assigned duties.
e. Ensure that every employee receives a copy of this policy and agrees to abide by the terms of this policy as a condition of employment.
Employees shall refer any questions regarding his/her rights and obligations under this policy or under the new regulations to the Personnel Officer or his/her designee.
2. INTRODUCTION
The Drug-Free Workplace Act of 1988 is a federal law which obligated certain federal contractors and grant recipients to undertake specified actions directed to ensuring a "drug-free workplace". Failure to comply can result in the loss of federal contracts and grants. The DrugFree Workplace Act of 1990 is a law of the State of California, which requires state contractors and grantees to undertake similar action directed to enduring a "drug-free workplace".
These acts require that the affected agencies certify that a drug-free workplace will be afforded by providing notice of the program requirements to each employee and by establishing a drugfree awareness program which informs employees about the dangers of drug abuse, about the 129
70 employer's policy of maintaining a drug-free workplace, about available drug counseling, rehabilitation and employee assistance programs and about the penalties that may result from drug abuse violations in the workplace.
CA AB2188 prohibits discrimination against an employee or applicant for employment based upon the persons off the job use of cannabis or the results of an employer required drug screening test that confirmed the presence of non-psychoactive cannabis metabolites.
The Acts do not require drug testing.
This statement sets forth the policy of the City of Woodlake pursuant to the Federal Drug-Free Workplace Act, the California Drug-Free Workplace Act, and CA AB1288 herein jointly referred to as the "Act". All references to employee or management personnel shall mean those employees and managers in department covered by the Act.
It is the intention of this policy to eliminate drug/alcohol abuse and the effects of such abuse in the workplace and to thus provide and maintain an efficient and safe workplace for all employees. Drug/alcohol abuse increases the potential for accidents, absenteeism, and substandard performance, poor employee morale and damages the public service and the City of Woodlake.
It is the policy of the City of Woodlake that while any employee is on duty, on City property, at work locations or on "on-call" time, such employee shall not be under the influence of, or in possession of a controlled substance or alcohol; shall not sell or provide drugs/alcohol to any other employee or any other person; shall not engage in the unlawful manufacture of drugs; and shall not utilize or otherwise have his or her ability to work impaired as a result of the use of drugs/alcohol. For purposes of this policy, "on-call” time is time during which an employee is required by the Department Head to be available to perform duties for the City as set forth in Woodlake Personnel Rule No. 16.
The City of Woodlake will act to eliminate any drug/alcohol abuse, which could impair an employee's ability to safely and effectively perform the functions of his or her job. Accordingly, supervisors within the affected departments will be trained to recognize drug/alcohol abusers and to become involved in the control of drug/alcohol abuse in the workplace.
Employees who believe that they may have a drug/alcohol problem are encouraged to voluntarily seek confidential assistance through the Employee Assistance Program. While it is Woodlake Policy to be supportive of those who seek help voluntarily, it is also the policy that abuse of drugs/alcohol will not be tolerated and disciplinary action, up to and including termination will be used as necessary to implement this policy and assure a drug/alcohol free workplace.
It is the further policy of the City that all employees should be made aware of the dangers of abusing drugs/alcohol, of guidelines for the detection and deterrence of drug/alcohol abuse, of the responsibility of managers and employees alike, and of resources available for treatment of drug/alcohol abuse.
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71 The term "controlled substance" is defined by the Drug Free Workplace Act of 1988 as one set forth in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812), a copy of which is attached. The term “drug", when used in this policy, shall mean a "controlled substance".
3. EMPLOYEE RESPONSIBILITIES
An employee shall not:
a. Report to work while his or her ability to perform job duties is impaired due to any on or off duty illegal drug use or alcohol;
b. Have his or her ability to perform job duties impaired due to illegal drug use or alcohol while on "on-call" time.
c. Possess or use impairing illegal drugs or alcohol during working hours or while on “on- call" time, on breaks, during work day or shift meal periods or at any time while on the City' property;
d. Sell or provide, directly or through any third person, any illegal drugs or alcohol to any person, including any employee while either employee or both employees are on duty or on "on- call" time.
e. Manufacture any drugs during working hours or "on-call” time, during workday or shift meal periods, during breaks or at any time while on City property.
An employee shall:
f. Notify the Department Head of any criminal drug or alcohol statute conviction, including a plea of guilty or nolo contendere, for an offense which occurred in the workplace or while on duty, no later than five days after such a conviction or plea. g. Attend such programs as the City may designate for the purposes of instructing employees generally of the dangers of drug/alcohol abuse, which will be scheduled as work time.
h. Read this policy, agree to its terms and provide written acknowledgement of receipt of a copy of this policy.
4. MANAGEMENT RESPONSIBILITIES
Management shall:
a. Provide each employee with a copy of this policy, of the Federal and State Drug- Free Workplace Acts, and of a list of available drug/alcohol abuse treatment resources. 131
72 b. Establish a Drug/alcohol-Free Workplace awareness program to inform employees about the dangers of drug/alcohol abuse in the workplace, of the City policy of maintaining a drug/alcohol-free workplace, of available counseling, rehabilitation and employee assistance programs, and of the penalties that may be imposed upon employees for violations of this policy and for drug/alcohol abuse violations. c. Notify the Federal sponsoring agency within ten days after receiving notice from a covered employee of a conviction for a criminal drug/alcohol statute violation occurring in the workplace.
d. Take one of the following actions within 30 days of receipt of notice from an employee of any conviction for a drug/alcohol statute violation occurring in the workplace:
1. Take appropriate personnel action against such employee, up to and including termination; or
2. Require such employee to participate satisfactorily in drug/alcohol abuse assistance or rehabilitation program approved for such purposes by a Federal, state or local health, law enforcement, or other appropriate agency. e. Make a good faith effort to continue to maintain a drug/alcohol-free workplace.
5. ABUSE IDENTIFICATION
The City of Woodlake is committed to providing reasonable accommodation to employees whose drug/alcohol problem classifies them as handicapped under federal or state law.
Where appropriate, the employees will be referred to the Employee Assistance Program.
Any manager or supervisor who has a reasonable suspicion that an employee is under the influence of illegal drugs or alcohol should document the facts constituting reasonable suspicion in writing.
If a manager or supervisor has a reasonable suspicion that an employee may have illegal drugs or alcohol in his or her possession or stored at or in any City property, they shall notify their Department Head. If the Department Head agrees that there is a reasonable suspicion of illegal drug or alcohol possession, the Department Head shall notify the appropriate law enforcement agency.
For purpose of this policy, "reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs/alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his or her job safely is reduced.
Employees reasonably believed to be under the influence of drugs/alcohol shall be prevented 132
73 from engaging in further work and shall be detained for a reasonable time to assure he or she can be safely transported from the work site.
Reasonable suspicion must be based on objective facts. Any one of the following characteristics, alone or in combination may, without limitation, include any of the following:
a. Slurred speech
b. Unsteady walking or movements
c. An accident
d. A pattern of unusual mood swings
e. Physical or verbal altercations
f. Possession of drugs
g. Information obtained from a reliable source with personal knowledge h. Dilated or restricted pupils or other demeanor unusual for the particular employee, or consistent with impairment of ability to perform normal duties.
This policy shall be applicable to all City of Woodlake employees whether regular or probationary, full or part time.
Copies of the Federal Drug-Free Workplace Act of 1988, of the California Drug-Free Workplace Act of 1990 and a list of available drug treatment resources are attached.
Any inquiries regarding any aspect of this policy, the Federal Drug-Free Workplace Act of 1988, the State Drug Free-Workplace Act of 1990, CA AB1288, the Employees Assistance Program, or other available drug abuse treatment resources, should be directed to the City of Woodlake Personnel Department. You may confidentially contact your Employee Assistance Program MHN at 800 327-0801 (Central San Joaquin Valley Risk Management Authority) Account #5507.
6. DRUG/ALCOHOL TESTING
Employees who are suspected of being under the influence of alcohol or drugs during assigned work hours or while on-duty shall be required to submit to an alcohol/drug test by a physician or laboratory selected by the City. An employee shall be required to undergo an alcohol or drug test if an employee’s supervisor has reasonable suspicion that an employee is under the influence of alcohol or drugs. Employees who refuse to submit to an alcohol or drug test shall be subject to disciplinary action up to and including termination. Drug testing will be done in a manner to comply with AB 2188.
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74 CITY OF WOODLAKE
RULE NO: 30: FAMILY LEAVE POLICY
The City of Woodlake recognizes the family is the basic unit of society. Family economic issues demonstrate a link between family security and worker productivity. Additionally, family trends are changing with the demands of dual working spouses and single parents. In compliance with the Federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991, the City of Woodlake has adopted this Family Leave Policy to balance the health and welfare of its employees with the needs of the organization.
1. THE POLICY
Employees who have worked 1,250 consecutive work hours during the previous 12 months or at least 12 non-consecutive months of employment and are eligible for at least one employerprovided benefit are eligible for unpaid leave for the following:
a. Birth of a child of an employee (maternity and/ or paternity). b. The placement of a child with an employee in connection with the adoption of the child or foster care of the child by the employee.
c. A serious health condition of a child, parent or spouse of the employee. d. A serious health condition that makes the employee unable to perform the functions of the position.
e. Leave for a qualifying exigency.
f. To care for a family member who is a covered service member of the U.S. Armed Forces.
g. Leave to care for a Designated person, domestic partner, grandparent, grandchild, parent in law, or sibling with a serious health condition.
2. DURATION
Leave may be taken in increments of at least one-half hour. Reduced-schedule or intermittent leave is available in cases of family illness or the employee's own illness. Maximum time that may be taken is four months (88 working days) in a twenty-four-month period and twelve weeks (60 working days) in a twelve- month period (i.e., 4 months in one year and 3 months in the next year). The plan year is based upon the date the employee requests the leave. Leave entitlement is to be prorated according to the employee's normal working schedule. For part-time employees meeting all leave requirements, a prorated leave will be granted based upon the average number 134
75 of hours worked in the 12 weeks prior to the scheduled date of the leave.
If both husband and wife are employees of the City, an aggregate number of workweeks of leave to which both may be entitled may be limited to twelve workweeks during any twelve-month period unless the leave involves serious health condition of their own, or caring for a sick child, spouse or parent.
An employee's entitlement to leave for birth or placement of a child expires twelve months after the birth or placement.
3. LEAVE REQUESTS:
In the instance of birth, adoption or placement of foster child, the employee must provide as much advance written notice as possible, with a minimum of 30 days’ notice if employee is aware. If knowledge of the event is less than 30 days, written notice should be given as soon as possible, at a minimum of 5 working days from learning of the need, unless unforeseeable.
Granting of leave requests shall be issued within ten days of receipt of the request. Requests for leave as a result of an emergency shall not be refused on the basis that appropriate notice was not given. Written requests shall be submitted to the Department Head who shall then make a recommendation on granting the leave to the City Administrator.
4. PREGNANCY:
The right to take family care leave is separate and distinct from the right to take pregnancy disability leave. If an employee takes pregnancy disability leave for the maximum four months allowed under Government Code Sec. l2945, because of her disability caused by her pregnancy, childbirth, reproductive loss, failed adoption, failed surrogacy, miscarriage, stillbirth, unsuccessful assisted reproduction, or related medical conditions, she is then entitled to an additional twelve weeks of family care leave for a total of up to seven months’ leave. No more than the maximum leave shall be allowed than for a single birth or placement, even in the event of multiple births or placements.
An employee on PDL (Pregnancy Disability Leave) leave will continue to receive full benefits as if they had continued in employment continuously for the duration of the leave, regardless of whether the employee separately qualifies for leave under FMLA and CFRA.
5. REINSTATEMENT
At the end of the leave, the employee shall be reinstated to his or her previous position or its equivalent with equivalent benefits, salary, terms and conditions. The employee is not entitled to accrue seniority or benefits while on leave, however, no benefits that had been accrued at the beginning of leave shall be forfeited.
If an employee fails to provide in a timely manner a requested medical certification or if leave has been obtained fraudulently by the employee, the employee is not protected by either the 135
76 Federal or State family leave acts job restoration and maintenance of health benefits provisions.
6. DEFINITIONS
CHILD: Includes a biological, adopted or foster child, stepchild, legal ward, or a child of a person standing "in loco parents" (in place of a parent) who is either under age 18, or an adult dependent child. Also includes close family members.
CLOSE FAMILY MEMBER: Includes grandparents, parents-in-law, grandchildren, or adult children.
HEALTH PLANS: Include medical, dental, vision, life, long-term disability, and accidental death and dismemberment.
PARENT: Includes biological, foster or adoptive parent, a stepparent, or legal guardian. Also includes close family members.
SERIOUS HEALTH CONDITION: Is an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential care facility or continuing treatment by a health care provider.
SPOUSE: Is a husband or wife as defined or recognized under State Law for purposes of marriage, including common law marriage in States where it is recognized. Also includes close family members.
DESIGNATED PERSON: Any individual related by blood or whose association with the employee is equivalent to a family relationship as defined under CFRA.
HEALTH CARE PROVIDER: A licensed and authorized professional who can diagnose and treat physical or mental health conditions.
COVERED SERVICE MEMBER: A current member of the Armed Forces (including the National Guard or Reserves) who is on medical treatment or an eligible covered veteran who is undergoing treatment for a serious injury or illness.
SERIOUS HEALTH CONDITION: A physical or mental illness, injury, or impairment that requires inpatient care or continuing treatment by a healthcare provider. This also includes conditions that result in a period of incapacity of more than three consecutive days and any subsequent treatment.
7. PROVISIONS
An employee on FMLA leave in California is entitled up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, with the continuation of health benefits during 136
77 that period in a 12-month period. For reasons pertaining to caring for a service-member with a serious injury or illness, the leave can be up to 26-workweeks.
An employee on FMLA leave has the same right to conditional pay increases, bonuses, or payments as employees who take similar types of leave, such as paid sick leave.
The employee is responsible for providing medical certification to the employer within a specific timeframe (usually 15 calendar days).
The terms and conditions of this policy shall not preempt Federal and/ or State regulations in place at the time the family care leave request is received. This policy is subject to change in accordance to Federal and State Regulations.
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CITY OF WOODLAKE
78 RULE NO. 31: WITNESS FEE POLICY PAYMENT FOR EMPLOYEES SUBPOENAED
TO TESTIFY IN CIVIL CASES
Under Government Code Section 68096.1, any employee of a City who was served with a subpoena in a civil action to appear as a Witness in a Civil Case in which the City is not a party, who is being asked to testify to an event or transaction which he or she perceived or investigated in the course of his or her normal job duties, is entitled to normal salary from the City for preparation, travel and appearance time, as well as actual reasonable and necessary traveling expenses.
The party who issues the subpoena is obligated to reimburse the City for the full cost incurred by the City in paying the employee, for each day that the employee is required to remain in attendance at a trial. The party is further required to pay the City the amount of $150. 00 per day as a deposit, for each day that the Employee is required to remain in attendance pursuant to the subpoena. This payment must be made at the same as the subpoena is served. If it is later determined that the actual expenses are less than the amount tendered, the City must refund the excess, and likewise, if the actual expenses later prove to be more than the amount tendered, the City is entitled to be paid the excess from the party at whose request the subpoena was issued.
Government Code Section 68097.2 was amended to impose the same requirements and obligations relative to peace officers and fire fighters who are subpoenaed to testify in Civil Cases in which the City is not a party. The same requirement also exists for a police officer or fire fighter that is subpoenaed in his official capacity to his or her usual customary job duties.
The employee is entitled to the same payments from the City, the City is entitled to the same reimbursements from the party issuing the subpoena, and the party issuing the subpoena must make the same deposits with the City at the time of service of the subpoena.
Staff should be instructed to refuse to accept service of a subpoena in the absence of the simultaneous tendering of payment of the deposit to the City, and establish appropriate procedures to ascertain the actual expenses incurred by the City as a result of the employee preparing for, traveling to and attending the trial, as well as procedure for repayment of excess amounts of deposit and making demand for and collecting amount due in excess of the deposit.
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CITY OF WOODLAKE
79 RULE NO. 32: JURY DUTY POLICY
The City of Woodlake has not had a clear policy regarding fees paid for jury duty and have been following the County policy as follows:
Tulare County Ordinance Code book, Section 1317.1 Jury Duty, effect on salary, which states:
If an officer or employee serves as a member of a jury in superior court, municipal court or justice court, the officer or employee shall receive regular salary for the time that they serve as a juror during regular working hours. The officer or employees waives the per diem fee for jury service or remits said fee to the City. However, an officer or employee is not required to waive or remit the mileage reimbursement, which is received for services as a juror in order to receive regular salary for the time, that the officer or employee serves as a juror. If an employee receives a County warrant for the per diem fee for jury service and wishes to receive regular salary for the time spent on jury duty, as provided hereinabove, the officer or employee shall endorse and deliver the warrant to the department head and the department head shall deposit the warrant in the County Treasury.
Tulare County stated that each juror is paid $15.00 per day after the first day plus mileage. Both fees are included in one check.
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CITY OF WOODLAKE
80 RULE NO. 33:WORKER'S COMPENSATION
LIGHT/ALTERNATE DUTY POLICY
It shall be the policy of the City of Woodlake to provide, when possible, light/ alternative duty assignment to all employees recovering from a work- related injury or illness when the treating physician has granted medical approval. This policy is intended to maximize employee productivity time as well as provide a therapeutic work assignment consistent with the employee's physical or mental capabilities during the recuperation period and prior to returning to full activity.
1. PROGRAM
a. This program shall be limited to employees who are recovered from a job-related injury or illness for which worker's compensation benefits are being provided. b. Medical clearance to perform light/ alternative duty must be provided by the treating physician and shall include the employee's physical and/ or mental capabilities and restrictions.
c. Light/alternative assignments shall be in the employee's normal department. If no such assignment is available, the employee may be temporarily assigned to another department.
d. Wages will be at the rate of pay the employee receives in his regular position. e. The initial determination of eligibility for participation shall be made by the concerned employee's department head and the Human Resource Officer. f. In case of doubt or dispute, the City Administrator shall make the final determination. g. Employees offered light/ alternative duty assignments who do not accept such an assignment shall receive no salary or disability payments unless the City or Worker's Compensation Appeals Board make a determination to the contrary. h. The employee may continue to work in the light/ alternative duty assignment during a worker’ compensation appeals process; or may elect to remain off work in a non-pay status by obtaining an Approved Leave of Absence Without Pay pursuant to the personnel rules of the City until either medically cleared to return to their regular position or a decision is rendered by the Worker's Compensation Appeals Board. 140
81 2. PROCEDURE
a. In case where it appears likely that an individual may be able to return to a light/ alternative duty assignment, his/her department head shall require the employee to obtain from his/her treating physician a written statement indicating that the employee is capable to work a light/ alternative duty assignment.
b. The written statement will be on either appropriate letterhead stationary or on a City pre-printed form entitled "Medical Examination Report". c. The statement will include the estimated period of anticipated temporary disability as well as work limitations and restrictions placed on the employee if released by the treating physician to work a light/alternative duty assignment. d. If considered appropriate, management may request such a statement be obtained from the treating physician at the time of each appointment. e. Should there be conflicting opinions for any reason among physicians as to the ability of the employee to perform a light/ alternative duty assignment, the City may at its discretion call upon another physician to obtain an opinion. f. Upon receiving the release to return to light/ alternative duty, the employee shall deliver the document to his/her supervisor within 20 hours. g. If the employee’s department head is unable to accept said employee into light/ alternative position and the City Administrator concurs with the recommendation, then the Loss Control Officer shall attempt to temporarily re-allocate the employee into another department and shall coordinate the temporary assignment with the Personnel Department.
h. The light/alternative program shall be under the supervision of the City Loss Control Officer and any questions and/or clarifications shall be directed to him/her. i. The City is under no obligation to provide a light-duty assignment. Light duty assignments will be given at the sole convenience and discretion of City management.
Any action concerning light-duty assignments shall not be subject to the grievance procedure.
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82 CITY OF WOODLAKE
RULE NO: 34: EMPLOYEE EDUCATION POLICY
1. THE POLICY
It is the intent of the City of Woodlake to recognize the future growth of the City and its employees and to adopt a training policy which will encourage employees to avail themselves of job-related educational opportunities that will advance their knowledge and interests in the direction of their career with the City; and by so doing to improve the municipal service. This is with the realization that such a policy must be within the financial ability of the City, that the work for which an employee was appointed must be given first preference and that the City does not intend to expend training funds for the primary purpose of enabling an employee to secure a position with other agencies or firms.
2. RESPONSIBILITY
Responsibility for developing training programs for employees shall be assumed jointly by the City Administrator and Department Heads. Such training programs may include college or university courses, lectures, demonstrations, assignment of reading matter or such other devices as may be available.
3. PROCEDURE
a. Preparation for classes is to be on the employee's own time. b. Only elected and appointed officials and full-time employees shall be eligible for reimbursement of training costs.
c. To be eligible for reimbursement, employee must have received advance written recommendation by his Department Head and written approval by the City Administrator. d. No employee will be reimbursed for participation in more than the equivalent of six (6) college semester units at any given time.
e. Reimbursement to an employee of the registration cost of such course shall be predicated upon the successful completion of the course the employee must receive a grade of "C" or better.
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83 4. CLASSIFICATION OF TRAINING
Department Head and City Administrator approval of employee training request shall be based on the following determinations of the degree of value to the City. This, in turn, determines the extent of which the City will participate in the cost of said training. a. Recommended Training: Training offered by the City or other agencies or institutions which is generally desirable in order to enable an employee to improve his performance, such as general course work clearly applicable and pertinent to reimbursement for tuition, registration costs and books and manuals as conditioned in (a) above to a maximum of the equivalent of College of the Sequoias tuition (lecture course) for six (6) units or less per school, semester (and two semesters per fiscal year) per employee or equivalent quarter units.
b. Mutual Benefit Training: Training of generally equal benefit to the City and the employee, such as general course work (which may be toward a degree related to the employee's present position or possible promotion within the City. City participation to consist of full reimbursement for tuition and registration costs for any class (es) or course(s) to the equivalent of College of the Sequoias tuition (lecture course) for six (6) units or less per school semester (and two semesters per fiscal year) per employee or equivalent quarter units.
c. Desired Training: Training deemed to be more benefit to the employee than to the City, such as general course work towards a degree in a field other than the employee's current career assignment or elective or required courses not directly related to the employee's job. No City participation other than consideration for advancement is required.
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84 CITY OF WOODLAKE
RULE NO: 35: MEDIA POLICY
It shall be the City’s policy that all requests made by the news media are forwarded to the City Administrator or Mayor. The purpose of this policy is to effectively inform the public about City business and issues on an ongoing basis, to ensure that information is provided in a timely, accurate and appropriate manner, and to maintain confidentiality where appropriate and legally defensible.
If the media contacts an employee, the call should be referred to the City Administrator. If the City Administrator determines that it is appropriate for another employee to respond to the media request or issue a press release, the City Administrator may grant that permission. 144
85 CITY OF WOODLAKE
RULE NO: 36: TECHNOLOGY USERS POLICY AND AGREEMENT
1. THE POLICY
This policy is designed to provide employees, volunteers, contractors, elected officials, agents, vendors, and other users of City Technology Resources with definitive guidelines of acceptable and unacceptable use of City Technology Resources for the protection of both the City and the Users.
DEFINITIONS:
For the purposes of this policy, unless otherwise specified, the following definitions apply:
PURPOSE AND DEFINITIONS.
A. Purpose. This Policy and Agreement (“Policy”) is designed to provide employees, volunteers, contractors, elected officials, agents, vendors, and other Users of City Technology Resources with definitive guidelines of acceptable and unacceptable use of City Technology Resources for the protection of both the City and the Users.
B. Definitions:
For the purposes of this Policy, unless otherwise specified, the following definitions apply:
1. City Technology Resources. A Technology Resource acquired and owned by the City, regardless of who uses or is provided that resource.
2. Personal Technology Resources. A Technology Resource acquired and owned by an individual. The receipt of a City stipend towards the use of a cell phone or other electronic device does not change the ownership of the device.
3. Posts or postings. Information, articles, pictures, videos or any other form of communication posted on a Social Media site.
4. Social Media. Content created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the internet. Examples of Social Media include, but are not limited to, Facebook, Twitter, Blogs, RSS, YouTube, LinkedIn, Delicious, and Flickr. City Social Media site(s) means Social Media which the City establishes and has proprietary rights to control.
5. Technology Resources. Includes, but is not limited to the following:
Internet/Intranet/Extranet-related systems.
Computer hardware and software.
Wi-Fi.
Cameras and video recording equipment.
Electronic devices, such as computers, tablets, smart phones and cell phones.
Telephone and data networks.
Operating systems.
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86 Storage media.
Network accounts.
Email systems.
Electronically stored data.
Websites, web applications and mobile applications.
6. User. User or Users are individual(s) whether full or part-time, active or inactive, including, but not limited to employees, interns, volunteers, contractors, consultants, vendors, agents, elected officials, etc. who have been given access to and granted permission(s) to use City Technology Resources.
7. Multi-factor Authentication (“MFA”): An electronic authentication method in which a User is granted access to a website, system or application only after successfully presenting two or more pieces of evidence to an authentication mechanism (i.e., a username/password combination, and at minimum, a second authenticator not based on user credentials, such as a passcode, certificate or token that is provided to the User).
PERSONALLY OWNED TECHNOLOGY RESOURCES.
C. Personnel Rules. The use of Personal Technology Resources at the workplace is subject to the City’s Personnel Rules and Regulations.
D. City Business. Employees must check with their supervisor and the Assistant Finance Director regarding the use of Personal Technology Resources to conduct City business. In this section and in any going forth, the Assistant Finance Director may also be referred to as Information Technology (“IT”) Deputy Director. Personal Technology Resources used for City business are subject to the Public Records Act (See Section XI below). When using Personal Technology Resources to conduct City business, the User shall comply with the etiquette rules in Section X below.
E. Loss or Damages. The City accepts no responsibility for loss or damage to Personal Technology Resources.
PRIVACY AND CONFIDENTIALITY.
F. No Expectation of Privacy. There is no expectation of personal privacy in any use of City Technology Resources, including personal e-mail, text messages, photos, social media posts, and voice messages.
G. City Technology Resources are Subject to Monitoring, Inspection and Disclosure.
All information and data viewed, created, saved, accessed, or stored on City Technology Resources are subject to monitoring, inspection, review, copying, modification, deletion, audit, disclosure and discovery.
The City reserves the right to monitor, record, search, and seize all use of City Technology Resources, including, but not limited to, access to the Internet or Social Media, communications sent or received from City Technology Resources, or other uses within the jurisdiction of the City. Such monitoring, recording, search, and seizure may occur at any time without prior notice for any legal purposes including, but not limited to, maintenance, inspections, updates, upgrades, audits, and record retention and distribution, all of which necessarily occur frequently and without notice. Such monitoring, recording, search, and seizure may specifically be used for the investigation of improper, illegal, or prohibited activity and as evidence in a legal or disciplinary matter.
Users should be aware that, in most instances, their use of City Technology Resources cannot be 146
87 erased or deleted. Accordingly, any such information may be accessed by the City and may potentially be subject to subpoena, discovery in litigation, or responsive to a Public Records Act request.
H. Electronic Communications Privacy Act Notice.
Pursuant to the Electronic Communications Privacy Act of 1986 (18 USC 2510, et seq.), notice is hereby given that there are no facilities, sources, or equipment provided by the City for sending or receiving private or confidential electronic communications. System Administrators have access to all e-mail and may monitor messages. Messages relating to or in support of illegal or inappropriate activities will be reported to the appropriate authorities and/or City Administration.
I. Specific Consent to Search and Seize City Technology Resources. Users consent to the search and seizure of any City Technology Resource in the User’s possession by the City, or the City’s authorized representative, at any time of the day or night and by any reasonable means. This consent is unlimited and shall apply to any City Technology Resource that is in the possession of the User, whenever the possession occurs, and regardless of whether the possession is authorized. The User waives any rights that may apply to searches of City Technology Resources under California SB 178 (2015) as set forth in Penal Code sections 1546 through 1546.4.
J. Personal Technology Resources Using City Wi-Fi.
The use of a Personal Technology Resource to access City Wi-Fi may be filtered and monitored, but is not subject to the inspection, disclosure, and search and seizure provisions of this section. Users shall comply with the City’s Personnel Rules and Regulations and follow the etiquette rules set forth in Section X below.
K. Permissions and Accessibility Rights. The City reserves the right to set permissions and accessibility rights to all City Technology Resources as necessary. Rules prohibiting theft or vandalism apply to software and data as well as to physical equipment. All software, data, reports, messages (voice and data) and information stored on local and network hard drives, as well as other products created using City Technology Resources, are the property of the City of Woodlake and access to them may not be obtained without prior authorization by the user/creator or the City Manager or designee.
L. Confidentiality. Most communication among City employees is not considered confidential. However, certain communications, including but not limited to police investigations, employee records, and communications with the City Attorney’s office or other attorneys representing the City, may be confidential or contain confidential information. Questions about whether communications are confidential should be raised with the employee’s supervisor.
1. Confidential information must be stored in the confines of a secured network drive or folder.
2. Confidential information may not be transmitted to individuals or entities not authorized to receive that information nor to other City employees not directly involved with the specific matter.
3. Employees shall exercise caution in sending confidential information through email and text messages given the ease with which such information may be retransmitted.
Employees shall ensure information is not inadvertently sent to unintended recipients.
In particular, exercise care when using distribution lists to make sure all addressees are appropriate recipients of the information.
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88 SECURITY - USER ID.
M. User ID. Each User shall have a unique identity, referred to as a “User-ID”, protected by a “password” in order to gain access to the system. The User ID identifies a User in various system activities, provides access to certain software and data that is based on his/her department-established authorization, and associates his/her own software and data with his/her identity.
N. Passwords. Users shall use passwords associated with a particular City information system only on that system.
When setting up an account on a different information system that will be accessed using the Internet or other on-line service, choose a password that is different from the ones used on City information systems. Do not use the same password for both local and remote systems accessed via the Internet or another on-line service.
Local System Password Requirements:
Passwords should not be so obvious so that others could easily guess them. Passwords must be changed if there is evidence of compromise, including malware infection, spam testing campaign or cybersecurity breach/incident. Passwords must be a minimum of nine (9) characters long. Passwords shall not contain a username or any part of your full name. Passwords shall not contain three (3) repetitive or sequential characters (e.g. ‘aaa’, ‘123’, ‘abc’).
Passwords shall not match any known to have been directly or indirectly compromised or breached.
O. City-issued Multi-factor Authentication (“MFA”) will be required for all Users P. Employee Responsibility. An employee’s password and User-ID are unique, identifying him/her as the user accessing a particular workstation or PC. The employee is responsible for any modifications or access to system information made using his/her User-ID. Every change to technology information is logged with the identification of the person who signed on. Users shall not share account information, usernames, passwords, passcodes, pins or any other personal authentication tools or data with others. No PC, terminal, or workstation shall be left unattended while logged on (i.e. Users should either logoff or lock their workstations). Users should be aware that merely turning a PC or monitor off does not always log the user off the system. Users needing assistance with logging off procedures or locking their workstation should contact the IT Divisio..
Q. Terminating Sessions. Users shall log off or execute an alternate termination procedure 148
89 when finished using any technology system or program, especially the Internet and other external technology systems. This will help prevent a potential breach of security.
R. Unencrypted E-Mail. Unencrypted e-mail sent or received on Technology Resources cannot be expected to be secure. Users should always be aware that the sender has no control over what the recipient does with the message and that the message may be sent to the wrong address or intercepted by hackers.
INTERNET.
S. Use. The use of the Internet is provided to City employees as a tool to assist employees in performing official duties.
T. Content and Monitoring. The City has no control over the content of messages or information postings on external Internet sites. The City reserves the right to monitor Internet sites visited, accessed, or commented on by employees using City technology devices. The City also reserves the right to use available technology to screen out inappropriate and offensive information. This technology cannot block all sites that may contain inappropriate/offensive material. If such a site is not blocked, contact the IT Deputy Director or designee.
E-MAIL.
U. Use. The City’s e-mail system is provided to City employees as a tool to assist employees in performing official duties.
V. Privacy. Users should not expect or assume any personal privacy regarding the content of electronic mail communications, including personal e-mails. Employees who make incidental use of the e-mail system for personal e-mails should not expect the content to be protected from review or deletion by the City.
W. Monitoring. The City reserves the right to access and use the contents of all messages sent over City e-mail systems, including e-mail sent using City Technology Resources and messages sent over the Internet.
X. Work Related Announcements. General interest work-related announcements should be posted to the “City Information Bulletin Board” known as the Clovis Chalkboard, not sent to individual addresses or mailing lists.
Y. Signature Block Usage. The use of the email signature block shall be limited to either the City standard signature block, or the Department approved signature block. Employees shall not deviate from the approved signature blocks which will include only the sender’s name (including approved City relative post-nominal initials), pronouns (if desired), City title, City of Woodlake, department, address, telephone, City website, City or department logo, City or department social media account links, City or department mission statement, and City disclaimer. This information must comply with the City’s standard signature block style or the approved department signature block style. The email signature block shall not 149
90 contain any information not expressly authorized under this policy which shall include, but not be limited to, personal details, personal quotation, graphics (other than approved City or department graphics), or other information unrelated to City business.
Z. Medium of Communication. It is the City’s policy that City e-mails and e-mail systems are intended to be a medium of communication. Routine e-mail messages are comparable to telephonic communications and are not intended to be retained in the ordinary course of City business. The informational content of such communications is neither necessary nor intended to be preserved for future City use or reference. Messages in the “Deleted Items” folder will be purged after 90 days and messages in the “Sent Items” folder will be purged after two (2) years. An e-mail is considered destroyed as soon as it has been deleted from a User’s mailbox, even though it is temporarily stored in the trash folder before being purged from the e-mail system.
AA. Records. City e-mail systems are not intended to be, and shall not be used for, the electronic storage or maintenance of City records. Upon removal from the e-mail system, the messages will be disposed of in the City’s ordinary course of business. However, until removed, e-mails will constitute public records, unless otherwise exempt by law, and may be disclosable under specified circumstances. In addition, certain e-mails will have to be retained as set forth in the City’s Records Retention Policy.
The following guidelines apply:
1. E-mail messages and attachments comparable to hard copy documents that would be retained under the Records Retention Policy must be printed in hardcopy or converted to the appropriate electronic format and retained for the required time period as outlined in the Records Retention Policy.
2. It is the responsibility of individual employees and their department heads to determine if an e-mail is an official City record that must be retained in accordance with the City’s Record Retention Policy. The City Clerk will assist you in making such a determination. You should keep in mind, however, that preliminary drafts, notes or interagency or intra-agency memoranda, which are not retained by the City in the ordinary course of business are generally not considered to be official City records subject to retention or disclosure. Generally, the City employee who sends the e-mail should be the person responsible for printing and filing it accordingly, but persons responsible for a particular program or project file shall be responsible for retaining all e-mail they send or receive related to that program or project.
3. Any e-mail messages that relate to a claim or a potential claim against the City must be preserved. Likewise, any e-mail messages that may relate to a lawsuit filed against the City, even if a subpoena or court order for such e-mail messages has not yet been issued, must be preserved. The City has a duty to preserve any relevant data when there is even a hint of possible litigation. Therefore, when City employees become aware of a potential claim, an actual claim, or a lawsuit against the City, they must preserve any e-mail messages and attachments that have any information relevant to that matter. Your department head can provide you with guidance on these issues.
4. Litigation Hold: From time to time you may receive a litigation hold notice. If such 150
91 notice is received, you shall create a separate folder of all items mentioned in the hold until otherwise directed by the City Attorney’s office. This will help avoid the accidental destruction of records.
5. The City receives requests for inspection or production of documents pursuant to the Public Records Act, as well as demands by subpoena or court order for documents. In the event a records request or court-issued demand is made for email, the employees having control over such e-mail, once they become aware of the request or demand, shall use their best efforts, by any responsible means available to temporarily preserve any e-mail which is in existence until such time as it is determined whether such e-mail is subject to preservation, public inspection, or disclosure.
BB. Disclaimer Notice in City Email.
The following disclaimer will be added to each outgoing email:
“This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply e-mail and delete all copies of this message”. However, permission to distribute or forward as appropriate may be given in the body of an email.
CITY SOCIAL MEDIA.
CC. General. This Section establishes guidelines for the establishment and use of City Social Media sites as a means of conveying information to members of the public. The intended purpose of City Social Media sites is to disseminate information from the City about the City’s mission, meetings, activities, and current issues to members of the public.
The City has an overriding interest and expectation in protecting the integrity of the information posted on its City Social Media sites and the content that is attributed to the City and its officials.
The City’s official website at cityofwoodlake.com (or any domain owned by the City) will remain the City’s primary means of internet communication.
Approved City Social Media sites shall bear the name and/or official logo of the City and, where applicable, of the Department.
DD. Requirements.
1. All content on City Social Media sites shall be reviewed, approved, and administered by the Department head or Social Media designee.
2. The City’s Public Affairs and Information Supervisor shall monitor content on City Social Media sites to ensure adherence to the Use Policy and the interest and goals of the City.
3. Adequate oversight of City Social Media must occur for the protection of the public health, safety and welfare of the community.
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92 4. Whenever possible, City Social Media sites shall link back to the City’s official website for forms, documents, online services and other information necessary to conduct business with the City.
5. City Social Media sites shall be managed consistent with the Brown Act. Members of the City Council, Commissions and/or Boards shall not use a City Social Media site to engage in serial meetings. Members of the City Council, Commissions and/or Boards are expected to use good judgment when using personal Social Media so that statements of personal opinion are not misinterpreted as official City policy.
6. The City reserves the right to terminate any City Social Media site at any time without notice.
7. City Social Media sites shall comply with usage rules and regulations required by the site provider, including privacy policies.
8. All City Social Media sites shall adhere to applicable federal, state and local laws, regulations and policies.
9. Any employee authorized to post items on any of the City’s Social Media sites shall review, be familiar with, and comply with the Social Media site’s use policies and terms and conditions.
10. Employee use of City Social Media shall be subject to Section VIII of this Policy setting forth the Rules Governing the Use of Technology Resources and the City’s Personnel Rules and Regulations.
EE. Use Policy. The use of City Social Media shall be subject to the following:
1. The content of City Social Media sites shall only pertain to City-sponsored or Cityendorsed programs, services, and events. Content includes, but is not limited to, information, photographs, videos, and hyperlinks.
2. The City shall have full permission or rights to any content posted by the City, including photographs and videos.
3. Any employee authorized to post items on any of the City’s Social Media sites shall not express his or her own personal views or concerns through such postings.
Instead, postings on any of the City’s Social Media sites by an authorized City employee shall only reflect the views of the City.
4. Postings must contain information that is freely available to the public and not be confidential as defined by any City policy or state or federal law.
5. Postings to City Social Media sites shall NOT contain any of the following:
Comments that are not topically related to the particular posting being commented upon.
Comments in support of, or opposition to, political campaigns, candidates or ballot measures.
Profane language or content.
Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, or status with regard to public assistance, national origin, physical or mental disability or sexual 152
93 orientation, as well as any other category protected by federal, state, or local laws.
Sexual content or links to sexual content.
Solicitations of commerce.
Conduct or encouragement of illegal activity.
Information that may tend to compromise the safety or security of the public or public system.
Content that violates a legal ownership interest of any other party.
6. The contents of this Use Policy shall be displayed to users or made available by hyperlink with the following disclaimers:
“City Social Media sites may contain content, including but not limited to, advertisements or hyperlinks over which the City has no control. The City does not endorse any hyperlink or advertisement placed on City social media sites by the social media site’s owners, vendors, or partners.” “The City reserves the right to change, modify, or amend all or part of this policy at any time.”
“The City reserves the right to terminate any City Social Media site at any time without notice.”
FF. Department Policies. Each Department that chooses to have a Social Media presence shall comply with this Section. The Department shall identify the purpose of the Social Media presence prior to establishing a Department Social Media account.
GG. City Social Media Supplemental. City Social Media shall supplement, and not replace, the City’s required notices and standard methods of communication.
RULES GOVERNING USE OF CITY TECHNOLOGY RESOURCES
HH. Use of Hardware, Software, Subscription Services, and Similar.
1. Users shall comply with all copyright laws and licensing agreements including but not limited to:
a. Proprietary Software is not to be reproduced, modified or inappropriately accessed unless authorized under the license agreement. b. Not copying any City-owned or licensed software or data to another technology system for personal or external use.
c. Each piece of proprietary software must have a valid registration and be covered by a Client Access License (CAL).
d. Having the appropriate documentation to substantiate the legitimacy of the software.
2. Users shall not install or use non City-owned software or hardware with City Technology Resources without prior authorization from the IT Deputy Director or designee.
3. Users shall not take or use City-owned hardware for use at home without prior 153
94 authorization from the Department Head or designee.
4. Users shall not install free, purchased, fee-based or subscription on-line services, email software, Internet services, etc. on City Technology Resources without prior approval by the City Manager or designee.
5. Users shall not download data, music, games or videos, whether free or for purchase, with or on City Technology Resources, except when work related and authorized.
6. Users shall not attempt to modify City Technology Resources, software or data files without prior written approval by the City Manager or designee.
7. Users shall report lost or stolen mobile devices, smartphones or other City Technology Resources immediately. The City, at its choosing, may remotely wipe all data, files, images, etc. from these lost or stolen devices.
II. Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) standards. To create ADA-compliant emails, documents, social media posts and other publicly available content, employees shall follow the WCAG guidelines including but not limited to:
1. Using a legible sans-serif font (e.g., Arial, Calibri, Helvetica) and keeping text at a reasonable size (11 or 12pt).
2. Breaking up text into short paragraphs.
3. Using plain language.
4. Writing descriptive link text.
5. Ensuring sufficient color contrast.
6. Including alt text for images.
The city reserves the right to use available technology to scan and verify compliance with ADA and WCAG standards.
JJ. Confidential Reports. Users shall not intentionally seek out information on, obtain copies of, modify, or divulge files, reports, and other data, which is private, confidential or not open to public inspection, or release such information unless specifically authorized to do so when the legal conditions for release are satisfied.
KK. Copying and Printing. Users shall not intentionally copy or print any software, electronic file, program or data without a prior, good faith determination that such copying or printing is, in fact, permissible. Any efforts to obtain permission shall be documented.
LL. Authority, Passwords and Identity. Users shall not:
1. Intentionally seek information on, obtain copies of, or modify files or data without proper authorization. Seeking passwords of others, or the exchange of passwords, is prohibited.
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95 2. Intentionally represent themselves electronically as another user, either on the City network or on the Internet or other on-line services, unless explicitly authorized to do so by the City Manager or designee. Users shall not circumvent established policies defining eligibility for access to information or systems.
3. Allow an unauthorized individual to use the User’s identity or use another person’s User ID, even if they are City employees, volunteers, or contractors.
MM. Disruption of Operations. Users shall not:
1. Intentionally develop programs designed to infiltrate a technology or computing system, and/or damage or alter software components or hardware.
2. Attempt to damage or disrupt the operation of City Technology Resources or telecommunication equipment lines.
NN. Acceptable Uses. The following is a non-exclusive representative list of acceptable uses for City Technology Resources:
1. Communication and information exchange directly related to the City or Department mission and objectives and/or to the User’s work tasks.
2. Communication and exchange of information for professional development, to obtain training or education, or to discuss issues related to the User’s official job duties.
3. Use in applying for, or administering, grants or contracts for City programs.
4. Use to obtain advisory information, standards, research data, analysis, and professional society activities related to official job duties.
5. Obtaining announcements and/or tracking of new laws, procedures, policies, rules, services, programs, information, or activities.
6. Use of governmental administrative communications not requiring a high level of security.
7. For City-related business, communication with professional associations, public agencies, universities, research, and/or continuing education.
OO. Unacceptable Uses. The following is a non-exclusive representative list of unacceptable uses for City Technology Resources, unless otherwise a part of your official duties:
1. Use for any purpose that violates local, State or Federal laws or regulations, including, for example, downloading or distributing pirated software or data.
2. Deliberately generating and/or disseminating any virus or any other destructive programming, or experimenting with malicious computer code, such as worms and viruses.
3. Use for purposes not directly related to the mission or work tasks of the User’s department during normal business hours unless otherwise permitted in this policy. 155
96 4. Use for private business, including commercial advertising, and sending or replying to “chain letters.” Use of City computing resources for external consulting is prohibited.
5. Use for any for-profit activities.
6. Accessing, sending, or soliciting sexually oriented messages or images.
7. Libelous, offensive, or harassing statements, including disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious, political beliefs, veteran’s status, family status, or union affiliation.
8. Use that interferes with, or disrupts, network users, services, or equipment.
9. Use for fund raising, partisan politics, or public relations activities outside of the User’s official duties.
10. Use of any Technology Resources while driving. Hands free use while driving should be restricted to business related calls or calls of an urgent nature, and only when absolutely necessary.
11. Transmission of communications or messages which promote unethical practices or violates City or Department Policies, or applicable software licenses agreements, including but not limited to, infringing on copyright, license, trademark, patent, trade secret or other intellectual property rights and laws.
12. Any participation in illegal activities.
13. Using Technology Resources to gain unauthorized access to any electronic communications system, network or file.
14. Transmission of confidential information to unauthorized recipients.
15. Intentionally or negligently disclosing a User’s password or account number to any other person who does not have authorization to view that password or account number.
16. Significant consumption of City Technology Resources for non-business related activities (such as video, audio or downloading large files) or excessive time spent using City Technology Resources for non-business purposes (e.g., shopping, personal social networking, or sports-related sites).
17. Knowingly or carelessly performing an act that will interfere with or disrupt the normal operation of computers, terminals, peripherals, or networks, whether within or outside of City Technology Resources (e.g., deleting programs or changing icon names) is prohibited.
PP. Accountability.
Users are prohibited from anonymous usage of City Technology Resources. In practice, this means Users must sign-on with their uniquely assigned City User ID before accessing/using City Technology Resources. Similarly, “Spoofing” or otherwise modifying or obscuring a User’s IP Address, or any other User’s IP Address, is prohibited.
Circumventing User authentication or security of any host, network, or account is also prohibited.
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City Technology Resources are provided solely for the conduct of City business. However, the City realizes and is aware of the large role technology (especially the Internet and email) plays in the daily lives of individuals. In this context, the City acknowledges that a limited amount of personal use of City Technology Resources is acceptable. This use must not interfere with the User’s job responsibilities; it cannot involve any activities expressly prohibited by this or any other City policy; and it should be limited to designated break periods and/or the User’s lunch break.
RR. Disclaimer.
The City cannot be held accountable for the information that is retrieved via the network.
The City will not be responsible for any damages you may suffer, including loss of data resulting from delays, non-deliveries, or service interruptions caused by the City’s Systems, System Administrators or User own errors or omissions. Use of any information obtained is at User’s own risk. The City makes no warranties (expressed or implied) with respect to: (a) the content of any advice or information received by a User; (b) any costs or charges incurred as a result of seeing or accepting any information; (c) any costs, liability, or damages caused by the way the User chooses to use his or her access to the network; or (d) injuries or damages resulting from exposure to inappropriate, offensive, harmful or controversial materials, whether User initiated or otherwise.
SS. Revocation of Authorized Possession.
The City has sole discretion to determine appropriate use and may deny, revoke, suspend, or close any User account at any time. The City reserves the right, at any time, for any reason or no reason, to revoke a User’s permission to access, use, or possess City Technology Resources.
TT. Restriction of Use.
The City reserves the right, at any time, for any reason or no reason, to limit the manner in which a User may use City Technology Resources in addition to the terms and restrictions already contained in this Policy.
UU. Third-Party Technology.
Connecting unauthorized equipment to City Technology Resources, including the unauthorized installation of any software (including shareware and freeware), is prohibited.
Only IT personnel or someone authorized by the IT Department may install, troubleshoot, or configure software or hardware.
VV. Reporting.
If an Employee becomes aware of any security problem (such as any compromise of the confidentiality of any login or account information) or misuse of City Technology Resources, he/she shall immediately report such information to the Department Head, City Manager, or designee. If you identify or perceive a security problem on the network, notify the City’s IT Department; do not demonstrate the problem to others.
WW. Enforcement.
1. Record of Activity: User activity with City Technology Resources may be logged by System Administrators. Usage may be monitored or researched in the event of suspected improper City Technology Resources usage or policy violations. 157
98 2. Blocked or Restricted Access: The City has sole discretion to determine whether a site, service or protocol will be blocked to Users. User access to specific Internet Resources, or categories of Internet Resources, deemed inappropriate or non- compliant with this Policy may be blocked or restricted. A particular website that is deemed acceptable for use may still be judged a risk to the City (e.g., it could be hosting malware, etc.), in which case it may also be subject to blocking or restriction. Any attempt to circumvent or disable Internet blocking will result in immediate termination of technology privileges.
The City also retains sole discretion to use hardware or software that screens e- mails for harmful or potentially dangerous content.
E-mail messages that contain harmful or potentially dangerous content will not be delivered to or from Users.
ETIQUETTE RULES
The following rules apply to the use of City Technology Resources and the use of Personal Technology Resources while conducting City business.
XX. Generally Accepted Standards.
Users must follow generally accepted business practices and current laws regarding the use of e-mail, the Internet, and other on-line services. Users must avoid uses that reflect poorly on their Department, the City, or government in general.
YY. City Representation.
The public may perceive a User’s postings and e-mail as official City policy. When using e-mail, the Internet, and other on-line services provided by the City, Users should remember that they represent the City. Users shall avoid making statements of personal opinion that may be misinterpreted as official City policy. Users must recognize that anything they put in writing may become a public record, regardless of the original intent of the message.
ZZ. Relationship With Others.
Users must respect the rights of other Users and the Public. Users shall not use City Technology Resources or Personal Technology Resources to invade the privacy of another person, ascertain confidential information, or abuse or harass another person.
AAA. Ethical Rules and Regulations.
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99 Rules, regulations, guidelines, and case law on ethical behavior of government employees and the appropriate use of government resources apply to the use of City Technology Resources or Personal Technology Resources when conducting City business.
CALIFORNIA PUBLIC RECORDS ACT AND SEARCHING DEVICES AND
ACCOUNTS FOR DISCLOSABLE RECORDS
The California Public Records Act Request (“CPRA”) (Government Code section 6250, et seq.) is a law that requires inspection and/or disclosure of governmental records to the public upon
request. E-mails sent by Users, unless otherwise exempt by law, are subject to inspection and disclosure under the CPRA by any person making such a request.
Furthermore, e-mails may also be subject to discovery and disclosure as a result of pending litigation involving the City, the City’s Employees and elected or appointed officers or officials.
Employees and Users using Personal Technology Resources to send or receive communications constituting City-related business may be required to search their Personal Technology Resources for potentially disclosable records pursuant to a request made under the CPRA. Communications constituting City-related business are those communications that relate in a substantive way to the conduct of the City’s business. Communications that are primarily personal in nature or that contain no more than incidental mentions of the City’s business may not constitute City-related business communications.
Searches of Personal Technology Resources by an employee shall be conducted during the employee’s regular work hours and as otherwise directed by the employee’s supervisor.
The City Clerk or designee shall promptly notify an employee or User of the City’s receipt of a CPRA request that may implicate City records located on the employee’s or User’s Personal Technology Resources and shall provide the employee or User with instructions for conducting such searches that identify the specific type and nature of records for which the employee or User is required to reasonably search and collect, as well as the specific type and nature of records that may be withheld because they are not City-related business.
Following an employee’s or User’s reasonable search of their Personal Technology Resources the employee or User shall be required to sign an affidavit reporting the results of the search, and attesting, under penalty of perjury, that the employee or User has reasonably searched for and collected all potentially disclosable records pursuant to the relevant CPRA request, and that all other information set forth in the affidavit is true and correct.
Alternatively, an employee or User may choose to have the City Attorney perform 159
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the search of the employee’s or User’s Personal Technology Resources to search for records related to City Business that may be disclosable.
VIOLATIONS
The right to use City Technology Resources is a revocable privilege and a failure to comply with this Policy may result in loss of access to some or all City Technology Resources. In addition, the individual may be subject to disciplinary action, up to and including termination. 160
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CITY OF WOODLAKE
RULE NO: 37: REASONABLE ACCOMMODATION AND
INTERACTIVE PROCESS
1. THE POLICY
If applicant or employee is a qualified individual with a disability and identifies the need to be accommodated for such disability during the application process or thereafter, the city will engage in the interactive process and provide reasonable accommodations.
However, the applicant or employee must engage in the interactive process in good faith with the city.
1. POLICY STATEMENT
The City of Woodlake is committed to fostering a workplace that is inclusive, accessible, and free from discrimination. It is the policy of the City to:
1. Provide equal employment opportunities to all qualified individuals with disabilities.
2. Engage in a timely, good-faith interactive process with employees and applicants requesting accommodation.
3. Provide reasonable accommodation that enable qualified individuals to perform the essential functions of their jobs or to enjoy the same employment benefits as others.
4. Prohibit retaliation against any individual for requesting accommodation, participating in the interactive process, or exercising rights under applicable law.
PURPOSE AND DEFINITIONS.
A. Purpose. The purpose of this policy is to affirm the City of Woodlake’s commitment to equal employment opportunity and to ensure that qualified individuals with disabilities are provided with reasonable accommodations in compliance with federal and state law. This policy establishes clear procedures for requesting, evaluating, and implementing reasonable accommodation, and for engaging in the interactive process with applicants and employees.
B. Definitions:
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1. Disability: A physical or mental impairment that limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment. (Gov. Code § 12926(j), (m))
2. Qualified Individual with a Disability: A person who meets the skill, experience, education, and other job-related requirements of a position and who, with or without reasonable accommodation, can perform the essential functions of that position.
3. Reasonable Accommodation: A modification or adjustment to a job, work environment, or employment practice that enables a qualified individual with a disability to perform essential job functions or enjoy equal employment opportunities.
4. Undue Hardship: An action requiring significant difficulty or expense when considered in light of factors such as the nature and cost of the accommodation, overall financial resources, and operational impact.
5. Interactive Process: A collaborative, timely, and ongoing dialogue between the City and the individual to determine effective and reasonable accommodation options.
REQUESTING REASONABLE ACCOMMODATION
1. Initiating a Request: An employee, job applicant, or their representative (such as a family member or health care provider) may request accommodation orally or in writing. Requests should be directed to the Human Resources Department or the City’s ADA Coordinator. No specific form or wording is required.
2. Acknowledgment and Response: The ADA Coordinator or Human Resources will acknowledge receipt of the request within five (5) business days and begin the interactive process promptly.
3. Medical Documentation: When necessary, the city may request medical documentation to verify the existence of a disability and the need for accommodation. Documentation will be kept confidential and stored in a secure medical file.
REQUESTING REASONABLE ACCOMMODATION
Upon receiving a request, the ADA Coordinator or designee will:
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1. Meet with the Employee or Applicant to discuss job duties, limitations, and potential accommodation.
2. Identify Potential Accommodations collaboratively.
3. Assess Reasonableness and Hardship.
4. Document the Process.
5. Implement Accommodation promptly and confirm in writing.
EXAMPLES OF REASONABLE ACCOMMODATIONS
Examples include, but are not limited to:
1. Modifying work schedules or permitting telework.
2. Adjusting or acquiring equipment or devices.
3. Making existing facilities accessible.
4. Providing assistive technology, readers, interpreters, or job coaches.
5. Reassigning to a vacant position for which the employee is qualified.
6. Modifying policies, procedures, or training materials.
DENIAL OF ACCOMMODATION
If the accommodation requested is denied, the city will:
1. Provide a written explanation of the reasons for the denial.
2. Document all alternatives considered.
3. Inform the individual of their right to request reconsideration or file a complaint with the CRD or EEOC.
NON-RETALIATION
Retaliation against any individual for requesting accommodation, participating in the interactive process, or asserting their rights under the ADA or FEHA is strictly prohibited.
CONFIDENTIALITY
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treated as confidential and disclosed only to those with a legitimate need to know for purposes of implementing the accommodation.
ROLES AND RESPONSIBILITIES
1. Employees and Applicants: Responsible for notifying the city of the need for accommodation and providing necessary information.
2. Supervisors and Department Heads: Must promptly refer to all accommodation requests to Human Resources and cooperate in the interactive process.
3. Human Resources Department / ADA Coordinator: Coordinates the process, evaluates documentation, maintains confidentiality, and ensures compliance with applicable law.
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ATTACHMENT A - LEAVE OF ABSENCE WITHOUT PAY REQUEST FORM In order to be considered for medical leave of absence without pay, this information must be provided and approval received from the City Administrator (City of Woodlake Personnel Rules adopted per Resolution prior to the requested leave commencing).
Employee Name Work Phone
Official Payroll Title
Department Location
TYPE OF LEAVE REQUESTED AND REASON:
Personal
Medical
Expected length of Leave: Start Stop
IF THE REASON FOR THE LEAVE OF ABSENCE IS MEDICAL, HAVE YOUR DOCTOR COMPLETE THE FOLLOWING:
1) Diagnosis of Employee's condition:
2) Why, in light of this diagnosis, is Employee unable to work:
3) Prognosis for Employee's condition. When will Employee be able to return to work? 4) When Employee returns to work will there be any restrictions on work activities in any way Yes No . If yes, in what manner (i.e. what activities will he/she be unable to do)? DOCTOR’S SIGNATURE DATE:
Employee Signature Date:
CITY OF WOODLAKE - CITY ADMINISTRATOR
( ) Approve ( ) Deny Signature Date:
( ) Modify Explanation:
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ATTACHMENT B - FAMILY & MEDICAL CARE LEAVE
Employee Name
Department
TYPE OF LEAVE
Family ( )
Pregnancy ( )
Medical ( )
Expected length of Leave:
Start Stop
IF THE REASON FOR THE LEAVE OF ABSENCE IS MEDICAL, HAVE YOUR DOCTOR COMPLETE THE FOLLOWING:
1) Diagnosis of Employee's condition:
2) Prognosis for Employee's condition. When will Employee be able to return to work? Employee returning to work must provide the City a release signed by their Physician.
DOCTOR’S SIGNATURE DATE:
Employee Signature Date: _
In compliance with the Federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991 (amended October 1, 1993) the City of Woodlake has adopted this Family Leave Policy to balance the health and welfare of its employees with the needs of the organization.
166
107
ATTACHMENT C - GRIEVANCE PROCEDURE FORM
Instructions: All complaints or misunderstanding must follow the Informal procedure as indicated in Rule No. 14: Grievance Procedure Plan Policy. If no acceptable solution is reached informally, then the Formal procedure may be utilized. Submit one original and one copy of this form to the Personnel Director.
NAME: TITLE:
DEPARTMENT:
MAILING ADDRESS: PHONE:
EXPLANATION OF GREIVANCE:
SUGGESTED SOLUTION:
SIGNATURE DATE
167
FORMAL PROCEDURE – STEP ONE (Employee Immediate Supervisor) Date Received:
ACCEPTED AS FACTS:
108
DECISION:
SIGNATURE TITLE DATE
168
FORMAL PROCEDURE – STEP TWO (Department Head)
Date Received:
ACCEPTED AS FACTS:
109
DECISION:
SIGNATURE TITLE DATE
169
FORMAL PROCEDURE – STEP THREE (Hearing Officer)
Date Received: Hearing Date:
DECISION:
110
170
FORMAL PROCEDURE – STEP FOUR (City Council)
Date Received: Hearing Date:
DECISION:
111
171
CITY OF WOODLAKE
112
ATTACHMENT D – JOB CLASSIFCATIONS
Job Title Job Duties Job Type Safety Type
City Administrator Administration Salary - Management Non-Safety City Clerk Administration Salary - Management Non-Safety CDD Administration Salary - Management Non-Safety
CPD Public Works Salary - Management Non-Safety
CSD Administration Salary - Management Non-Safety
Finance Director Administration Salary - Management Non-Safety A-Finance Director Administration Salary - Management Non-Safety Accountant Administration Salary - Management Non-Safety Clerk I/II Administration Salary - Management Non-Safety Chief of Police Police-Admin Salary - Management Safety-Sensitive Police Lieutenant Police-Admin Salary - Management Safety-Sensitive Police Sergeant Police Regular Safety-Sensitive
Police Officer Police Regular Safety-Sensitive
PWS Public Works Salary - Management Non-Safety
CWWO Public Works Salary - Management Non-Safety
CWO Public Works Salary - Management Non-Safety
Bldg. Insp. Public Works Salary - Management Non-Safety Parks and Rec Sup Public Works Salary - Management Non-Safety Mechanic Public Works Regular Non-Safety
Bldg. Insp. Public Works Regular Non-Safety
Water/Sewer Oper. Public Works Regular Non-Safety
Maintenance Work Public Works Regular Non-Safety
Code Enforcement Police Regular Non-Safety
172
CITY OF WOODLAKE
113
ATTACHMENT E – EMPLOYEE PERFORMANCE REPORT WOODLAKE POLICE
DEPARTMENT
173
Woodlake Police Department
Employee
Performance Report
174
WOODLAKE POLICE DEPARTMENT
EMPLOYEE PERFORMANCE REPORT
117
SECTION I – EMPLOYEE INFORMATION
Rating Period / From: To:
Type of Evaluation:
( ) Annual ( ) Semi-Annual ( ) Quarterly ( ) Probationary ( ) Other:
Employee Name: Title:
Evaluator Name: Title:
SECTION II – PERFORMANCE RATING
SCHEDULE A – RATE ALL EMPLOYEES
( ) Unacceptable
Does not always reflect courtesy, fairness, respect
and a willingness to serve the public
( ) Meets Standards
Is honest, moral and truthful. Displays courtesy,
fairness, respect and a willingness to serve the public in a way which shows a devotion to right department
principles and values.
( ) Needs Improvement
Willingly departs from the truth, accepts gratuities,
employs excessive force or intentionally fails to meet
standards of the department.
( ) Exceeds Standards
Actively demonstrates, teaches, supports and
influences others in the work group to meet the
ethical standards of the department.
( ) Unacceptable
Consistently communicates in an undignified,
disrespectful, unclear or rude manner.
( ) Meets Standards
Is polite, tactful and considerate. Actively listens to others and is willing to assist others to get the job
done. Promotes harmony and good relationships,
COMMUNICATIONS / INTERPERSONAL RELATIONS
How effectively the employee communicates, to citizens, and coworkers, through writing, voice and body language.
ETHICS
The extent to which an employee demonstrates the values of the department. 175
WOODLAKE POLICE DEPARTMENT
118
EMPLOYEE PERFORMANCE REPORT
leaving people with the feeling that the employee is
interested in serving them.
( ) Needs Improvement
Exhibits difficulty in communications and
interpersonal relations. Does not always promote
harmony.
( ) Exceeds Standards
Demonstrates exceptional communications skills
which immediately instill confidence to victims,
fellow employees and the general public.
176
WOODLAKE POLICE DEPARTMENT
119
EMPLOYEE PERFORMANCE REPORT
( ) Unacceptable ( ) Needs Improvement
Fails to make decisions or makes decisions without
considering the consequences.
( ) Meets Standards
Has difficulty finding appropriate solutions to routine problems.
( ) Exceeds Standards
Accurately and objectively identifies problems and
makes recommendations that reasonably consider the
potential impacts of the decision made.
Extraordinary ability to analyze and evaluate
information resulting in actions that are consistently
reliable.
( ) Unacceptable ( ) Needs Improvement
Regularly ignores officer safety principles and
displays minimal concern for safety of self or others.
( ) Meets Standards
Frequently displays improper officer safety
techniques and requires close supervision.
( ) Exceeds Standards
Is generally prepared; mentally, physically and
tactically, to respond to all normal situations.
Consistently displays proper and effective officer
safety techniques and serves as an example to others
in all situations.
( ) Unacceptable ( ) Meets Standards
OFFICER SAFETY
The extent to which a sworn officer demonstrates knowledge and ability to respond tactically to law enforcement activities.
WORK HABITS
The extent to which the employee complies with instructions, manages time and demonstrates initiative.
DECISION MAKING
The extent to which an employee identifies and analyzes problems and makes appropriate decisions.
177
WOODLAKE POLICE DEPARTMENT
120
Consistently abuses sick leave, fails to follow
instructions and actions negatively affect the work
unit.
On a daily basis is punctual, willing to comply with
instructions, assist co-workers and manages time
effectively. Completes assigned tasks and actively
178
WOODLAKE POLICE DEPARTMENT
121
EMPLOYEE PERFORMANCE REPORT
works toward accomplishing the mission of the
department.
( ) Needs Improvement
Is not always punctual and lacks a sense of
responsibility and devotion to duty.
( ) Exceeds Standards
Sets an exemplary example of devotion to duty by
being self motivated and demonstrating exceptional
organizational skills.
179
WOODLAKE POLICE DEPARTMENT
EMPLOYEE PERFORMANCE REPORT
122
( ) Unacceptable
Consistently fails to apply the law, resulting in
inappropriate actions.
( ) Meets Standards
Has basic working knowledge of commonly used
vehicle, criminal and civil statures. Keeps abreast of
legal changes.
( ) Needs Improvement
Often requires close supervision and follow-up to
ensure the proper application of codes and case law.
( ) Exceeds Standards
Consistently reports safety problems and offers
appropriate solutions to the problems.
( ) Unacceptable ( ) Needs Improvement
Consistently fails to identify and report hazards or
unsafe conditions or activities.
( ) Meets Standards
Occasionally overlooks unsafe or hazardous
situations.
( ) Exceeds Standards
Identifies and deals with hazards and unsafe activities and conditions in order to prevent harm to employees
and citizens, or the destruction of property.
Consistently reports safety problems and offers
appropriate solutions to the problems.
( ) Unacceptable ( ) Meets Standards
The work product consistently fails to accurately
convey the facts of an event due to the
incompleteness, untidiness or inaccuracy.
Gathers, processes and records, in a timely manner,
information that accurately communicates events
necessary for prosecution and recording.
KNOWLEDGE OF THE LAW
The extent to which the employee demonstrates knowledge of applicable legal codes.
SAFETY CONSCIOUSNESS
The extent to which an employee demonstrates actions which reflect safety mindedness.
REPORT WRITING
The extent to which an employee demonstrates effective gathering and recording of information for police reports.
180
WOODLAKE POLICE DEPARTMENT
EMPLOYEE PERFORMANCE REPORT
123
( ) Needs Improvement
Reports often contain errors in spelling, grammar and
format.
( ) Exceeds Standards
Work products are exceptional. Is able to accurately
convert events being documented with investigative
abilities that go beyond the expected.
181
WOODLAKE POLICE DEPARTMENT
124
EMPLOYEE PERFORMANCE REPORT
( ) Unacceptable ( ) Needs Improvement
Is careless and inconsistent during preliminary
investigations, resulting in inappropriate dispositions and hampered prosecution.
( ) Meets Standards
Does not always control the scene or consider
available facts resulting in incomplete investigations
requiring additional work.
( ) Exceeds Standards
Conducts a methodical preliminary investigation
through the collection and preservation of evidence to
determine if an offense had been committed and who
committed it.
Is recognized as one who actively pursues all
investigations with thoroughness, resulting in
minimal follow-up investigators.
( ) Unacceptable
Consistently ignores policy concerning the
maintenance, care and operation of vehicles.
Regularly drives in an unsafe manner.
( ) Meets Standards
Drives a motor vehicle in a safe defensive and
courteous manner while obeying all traffic laws.
( ) Needs Improvement
Occasionally drives vehicle in an unsafe abusive or
discourteous manner or violates traffic laws.
( ) Exceeds Standards
Demonstrates exemplary care and concern for
vehicles. Drives with the utmost care for all
conditions.
( ) Unacceptable ( ) Meets Standards
Unable to apply the necessary skills to extract the
essential information.
Is an active listener. Extracts information that brings investigation to a successful conclusion.
DRIVING
The extent to which the employee demonstrates safe driving habits.
INTERVIEW / INTERROGATING
The extent to which an employee extracts information and discovers previously unknown information.
CRIME SCENE MANAGEMENT
How effectively a sworn officer manages a crime scene and gathers evidence. 182
WOODLAKE POLICE DEPARTMENT
125
EMPLOYEE PERFORMANCE REPORT
( ) Needs Improvement
Has difficulty demonstrating the ability to extract
information through communication skills.
( ) Exceeds Standards
Demonstrates exceptional ability to extract essential
information through superior communications and
listening skills.
183
WOODLAKE POLICE DEPARTMENT
126
EMPLOYEE PERFORMANCE REPORT
( ) Unacceptable
Is unable to take control at collision scenes, which
may result in increased hazards or impede the
investigation.
( ) Meets Standards
Demonstrates the basic concepts of traffic scene
management by managing traffic flow and control
devices, providing first aid, and conducting a
thorough preliminary investigation.
( ) Needs Improvement
Occasionally fails to demonstrate basic concepts of
traffic scene management.
( ) Exceeds Standards
Shows an exceptional ability to quickly establish
control at the scene while minimizing all hazards.
Assumes and projects a leadership role.
( ) Unacceptable
Creates an unfavorable impression. Has poor
personal hygiene. Uniform is not clean or fits poorly.
( ) Meets Standards
Presents a clean, neat and professional image.
( ) Needs Improvement
General appearance, including dress and personal
hygiene, is unkempt.
( ) Exceeds Standards
Always creates a favorable impression and sets an
example for others. Brings credit to the department.
( ) Unacceptable
Consistently or intentionally fails to report to court
and fails to demonstrate credible courtroom
presentations skills.
( ) Meets Standards
Responds appropriately to all subpoenas and presents
a credible image through appearance, preparation and
professional demeanor.
( ) Needs Improvement
Does not always appear as required or present a
credible testimony.
( ) Exceeds Standards
Demonstrates exceptional, unequivocal and credible
courtroom presentation skills.
APPEARANCE
The extent to which an employee presents a professional image.
COURTROOM PRESENTATION
The extent to which an employee presents credible testimony in court.
TRAFFIC SCENE MANAGEMENT
How effectively the employee manages a traffic accident scene, renders aid and determines responsibility.
184
WOODLAKE POLICE DEPARTMENT
127
EMPLOYEE PERFORMANCE REPORT
( ) Unacceptable
Fails to demonstrate any interest in personal and
professional growth.
( ) Meets Standards
Participates in establishing individual and
professional goals and objectives and actively works
toward accomplishment.
( ) Needs Improvement
Shows little interest in personal and professional
development.
( ) Exceeds Standards
Actively demonstrates initiative and willingness to
plan career objectives and long-range personal and
professional goals.
( ) Unacceptable
Fails to utilize obvious and available information
resources.
( ) Meets Standards
Recognizes and develops informant sources, and
recognizes the value and limitations of the
information obtained.
( ) Needs Improvement
Does not always recognize or develop common
informant resources.
( ) Exceeds Standards
Develops extensive informant sources that provide
accurate and valuable information resulting in
successful investigative conclusions.
( ) Unacceptable
Fails to investigate or accurately evaluate cases,
resulting in unsuccessful conclusions to those
investigations.
( ) Meets Standards
Thoroughly investigates cases and accurately
evaluates solvability factors. Properly prioritizes
workload, and maintains necessary investigative
audits.
INFORMANT DEVELOPMENT / MANAGEMENT
The extent to which the employee develops and manages informants.
CASE / INVESTIGATION MANAGEMENT
The extent to which an employee organizes, evaluates and completes follow-up investigations.
CAREER PERFORMANCE PLANNING
The extent to which the employee sets goals and objectives and works toward accomplishment.
185
WOODLAKE POLICE DEPARTMENT
128
( ) Needs Improvement
Does not always properly investigate or
correctly evaluate cases, or maintain
necessary audits.
( ) Exceeds Standards
Demonstrates exceptional case management
skills, consistently resulting in successful case
conclusions.
186
WOODLAKE POLICE DEPARTMENT
129
EMPLOYEE PERFORMANCE REPORT
( ) Unacceptable
Consistently fails to identify or ignores obvious
problems of crime, hazards and nuisances. Fails to
prevent crime problems, potential disputes and other
complaints and problems relating to traffic, rumor
control, gangs and neighborhood problems.
( ) Meets Standards
Identifies and deals with various problems, hazards
and complaints in an effective and efficient manner.
Reports such problems and complaints to all
members of the department for information.
( ) Needs Improvement
Has problems identifying potential and obvious
problems of crime, traffic complaints, hazards and
other nuisances. Has difficulty in dealing with
neighborhood problems and disputes, gang activity
and rumor control.
( ) Exceeds Standards
Consistently identifies, reports and deals with various problems, hazards and complaints in all areas.
Coordinates activities with all available personnel
and resources to prevent and end these problems and
complaints. Takes an active role assisting others in
identifying and dealing with various
problems.
( ) Unacceptable
Has little or no knowledge of available resources.
Does not try to recruit or utilize various available le resources.
( ) Meets Standards
Has necessary knowledge of all available resources.
Utilizes all available resources to assist in getting the job done and problems taken care of. Identifies and
attempts to recruit new resources for us by the
department and community.
( ) Needs Improvement
Knowledge and use of available resources is limited.
Attempts to identify and recruit new recruit new and
resources in indeed.
( ) Exceeds Standards
Has vast knowledge of all available resources on all
levels and departments. Consistently utilizes these
resources and expresses the necessary gratitude for
their availability and assistance. Consistently
identifies and recruits new resources for use by the
department community successfully brings these
resources into use by all members of the department
and community.
RESOURCES
The extent to which an employee has knowledge of recruits and utilizes available resources.
PROBLEM SOLVING
How effectively the employee identifies, handles and prevents problems with various disputes, present and potential crime problems, hazards, nuisances and other various complaints. 187
WOODLAKE POLICE DEPARTMENT
130
EMPLOYEE PERFORMANCE REPORT
SCHEDULE B – RATE ONLY SUPERVISORY EMPLOYEES
( ) Unacceptable
Consistently fails to maintain responsible
management of shift. Daily activities of shift are
haphazard and uncoordinated. Does not use all
available resources and allows for substandard
production of shift personnel.
( ) Meets Standards
Insures that shift personnel are ready for the duty and perform to high standards on a daily basis. Is always
aware of the shift activities and what shift personnel
are doing. Utilizes all available resources to insure
the maximum production of shift personnel.
( ) Needs Improvement
Has a problem in managing daily shift activities.
Coordination of activities is occasionally
mismanaged and resources available are not utilized
in the maximum potential. Shift personnel
production is occasionally less than a maximum
effort.
( ) Exceeds Standards
Consistently has shift personnel ready and available
for duty on time. Shift personnel are highly
motivated and competent. Shift works well with
supervisor in coordinating activities. Shift takes
pride in achieving maximum production and
maintaining high department standards.
( ) Unacceptable
Consistently fails to maintain fair and ethical
practices. Shift and personnel discipline is not fairly maintained or utilized. Shift, peers and subordinates
have little or no pride.
( ) Meets Standards
Is fair with all people in all situations. Is able to
maintain effective discipline of shift and
subordinates. Shift, peers and subordinates take pride
in accomplishments and display high ethical values.
( ) Needs Improvement
Has problems being fair and impartial with people for
various reasons. Discipline is not always utilized in
proper manner and with marginal success. Shift,
peers and personnel and ethics are not always to
highest department standards.
( ) Exceeds Standards
Consistently demonstrates fairness with all people in
all situations and shares this sense of fairness with all personnel. Maintains discipline in an extremely
effective manner through voluntary employee
compliance utilizing pride and high ethical values.
Shift, peers and subordinates look to supervisor as
example of true leadership, pride and high ethics.
LEADERSHIP SKILLS
The extent to which a supervisor demonstrates fairness with all people, maintains discipline and instills pride and high ethics in all personnel.
MANAGEMENT
The extent to which a supervisor manages the daily activities of the work shift, coordinates activities, makes maximum use of all available resources for the shift and strives to obtain maximum production of shift personnel.
188
WOODLAKE POLICE DEPARTMENT
131
EMPLOYEE PERFORMANCE REPORT
( ) Unacceptable
Cannot be relied upon in any situation without
extensive assistance.
( ) Meets Standards
Is able to handle all situations without superior’s
assistance.
( ) Needs Improvement
Occasionally needs assistance from superiors in
stressful situations.
( ) Exceeds Standards
Consistently demonstrates ability to handle all
situations without any superior’s assistance and
beyond normally expected limitations.
( ) Unacceptable
Fails to make decisions or makes decisions without
considering the consequences.
( ) Meets Standards
Accurately and objectively identifies problems and
makes recommendations that reasonably consider the
potential impacts of the decision made.
( ) Needs Improvement
Has difficulty finding appropriate solutions to routine problems.
( ) Exceeds Standards
Extraordinary ability to analyze and evaluate
information resulting in actions that are consistently
reliable.
DECISION MAKING
The extent to which a supervisor identifies and analyzes problems and makes appropriate decisions.
DEPENDABILITY
The extent to which a supervisor can be relied upon to act appropriately in both normal and stressful conditions with little assistance from superiors. 189
WOODLAKE POLICE DEPARTMENT
132
( ) Unacceptable
Consistently fails to properly train and evaluate
employees.
( ) Meets Standards
Meets all training needs of assigned personnel. Is
fair, impartial and effective in employee evaluation.
( ) Needs Improvement
Occasionally employee training is deficient or
lacking. Occasionally employee evaluation is not
valid and ineffective.
( ) Exceeds Standards
Consistently meets and exceeds training needs of
assigned personnel. Is consistently fair, impartial,
effective and motivating in employee evaluation. Is
able to utilize these skills to achieve maximum
employee and department effectiveness.
TRAINING/EMPLOYEE EVALUATION
The ability of a supervisor to effectively train employees and properly evaluate employees. 190
WOODLAKE POLICE DEPARTMENT
EMPLOYEE PERFORMANCE REPORT
133
SECTION III – RATE ALL EMPLOYEES
( ) Unacceptable
Consistently fails to meet minimum department
standards. Has shown no effort at any extracurricular
activities to improve department image or at personal
or professional development.
( ) Meets Standards
Meets department standards in all areas. Has made a
slight effort at extracurricular activities to improve
department image or has made a slight effort to
improve personal or professional development.
( ) Needs Improvement
Occasionally is lacking or deficient in meeting
department standards. Has made little effort at any
extracurricular activities to improve department
image or at personal or professional development.
( ) Exceeds Standards
Meets or exceeds department standards in all areas.
Has made a significant effort in extracurricular
activities to improve department image or has made a
significant effort in personal or professional
development.
CUMULATIVE RATINGE
The overall rating of the employee based on all factors of performance and the extracurricular community activities, personal and professional development of employee during this rating period.
191
WOODLAKE POLICE DEPARTMENT
EMPLOYEE PERFORMANCE REPORT
134
SECTION V – SIGNATURES
EMPLOYEE
I have reviewed my employee performance rating for the cited period. I do / do not wish to discuss the rating further with the rater’s supervisor.
Date: Signature:
RATER
This rating represents my best judgment of the employee’s performance during the rating period cited.
Date: Signature:
LIST OF EXTRACURRICULAR COMMUNITY ACTIVITIES:
LIST OF PERSONAL OR PROFESSIONAL DEVELOPMENT:
192
WOODLAKE POLICE DEPARTMENT
135
EMPLOYEE PERFORMANCE REPORT
CHIEF OF POLICE
I have reviewed the performance rating report and I concur with the rating given. ( ) I recommend that the employee be granted permanent status in this job classification. (If applicable)
( ) I recommend that the employee be granted a step / merit increase. (If applicable)
Date: Signature:
193
Woodlake Police Department
Employment Performance Evaluation
Narrative Section
136
The following is a list of the Employee’s annual evaluation categories.
Ethics:
Communications/Interpersonal Relations:
Decision Making:
Officer Safety:
Work Habits:
Knowledge of the Law:
Safety Consciousness:
Report Writing:
Crime Scene Management:
Driving:
Interview/Interrogating:
Traffic Scene Management:
Appearance:
Courtroom Presentation:
Career/Performance Planning:
Informant Development/Management:
194
Woodlake Police Department
Employment Performance Evaluation
Narrative Section
137
Case/Investigation Management:
Problem Solving:
Resources:
Management:
Leadership Skills:
Dependability:
Decision Making:
Training/Employee Evaluation:
Conclusion:
Mike Marquez
Chief of Police
195
Woodlake Police Department
Employment Performance Evaluation
Narrative Section
138
196
This page Intentionally left blank.
197
City of Woodlake
AGENDA ITEM IV-E
December 8, 2025
Prepared by Ramon Lara, City Staff
SUBJECT:
Action: Adoption of Resolution: Deny Claim for Damages from JT2, Inc. dba Todd Companies filed on November 21, 2025.
BACKGROUND:
A claim can be filed by any person who believes he or she has been injured or damaged by a public entity or a public employee. The person must file a written claim with the public entity, and the entity must reject it before a lawsuit against the entity and/or employee may be filed in court.
DISCUSSION:
The City of Woodlake has received a claim for damages from JT2, Inc. dba Todd Companies.
The claim is attached for reference.
RECOMMENDATIONS:
Staff recommends that Council Deny Claim for Damage from JT2, Inc., dba Todd Companies.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
1. Claim Form dated November 21, 2025
198
BEFORE THE CITY COUNCIL
OF THE CITY OF WOODLAKE
COUNTY OF TULARE
STATE OF CALIFORNIA
In the matter of:
DENY CLAIM FOR DAMAGES FROM ) Resolution No.
JT2, INC. DBA TODD COMPANIES )
Councilmember _________ offered the following resolution and moved its adoption. Deny Claim for Damages from JT2, Inc., dba Todd Companies filed on November 21, 2025.
WHEREAS, a claim can be filed by any person who believes he or she has been injured or damaged by a public entity or a public employee; and
WHEREAS, the person must file a written claim with the public entity, and the entity may choose to deny or accept the claim before a lawsuit against the entity and/or employee may be filed in court; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodlake to deny the claim for damages from JT2 Inc., dba Todd Companies.
The foregoing resolution was adopted upon a motion of Councilmember ________ and seconded by Councilmember ________ and carried by the following vote at the City Council meeting held on December 8, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Rudy Mendoza, Mayor
ATTEST:
______________________
Irene Zacarias, City Clerk
199
Ci-AIF"{
Tb the City Council of the City of l*'oodlake
{ai The name and post office address of the claimant: .172" lnc" dba Todd Companies, P"(}. Box 682S, Visalia" California 9329fi"
{b} The post oilice address to whieh lhe persom presenting ilre clairn desirss noiices to be sen{:
Robert L" Leslie, Smith Currie Oles LLB tr999 tlarrisan Street, Suite i025, Oakland, CA 94612.
{c) The date, place and other eircumsianccs of the occuffence or transactio* which gave rise to the clairn asserted: The transnction is the City of :&'oodlake's \hoodlake Stonnwater ilipeline Plmse 2 I'roject Contract with J"f2. Inc.
{d} A general description of the irndebtedness, obligation. iqiury, damage or ioss ineurrecl so far as it may be known at rhe tinre of,presenlati$n of the clairn: darnages, inciuding but nol lirnited to amounts due pursuant to tlre corltract. costs f,ar labor. raaterials and equipment, delay costs, job site c.osls, ovcrhead cosls, subsonlractor c$sls, supplier cost$, lsss of productivity costso cost from differing site conditi$tls, costs frorn clranges" administrative costs, costs from deficient plans and specifrcations, retention, penalties. inleres{" and attorney fces.
{e} The rratne or narnes of the public emptroyees causing the inlury'" darnage, or loss, if known:
Xan Williarns, Rarnon I"ara" and Moises $lodrigucz'
{f} 'fhs arnounl claimed is in excess of the arnount of a lirnited civil case" November 19,2025 Srnith Cwde Oles Ll-P
Robert 1-.
Attorneys for clairnant .fTZ, lnc"
Feceived
Nov 2 1 2025
City ol Woodlake
200
City of Woodlake
AGENDA ITEM IV-F
December 8, 2025
Prepared by Irene Zacarias, City Staff
SUBJECT:
Action: Adoption of Resolution: Approval of the 2026 City Council Meeting Schedule BACKGROUND:
Pursuant to the City’s Municipal Code, the City approves a schedule for City Council meetings prior to the beginning of the year.
DISCUSSION:
The 2026 City Council meeting schedule is as follows:
City of Woodlake
2026 City Council Meeting Calendar
January 1/12 1/26
February 2/09 2/23
March 3/09 3/23
April 4/13 4/27
May 5/11 5/26
June 6/08 6/22
July 7/13 7/27
August 8/10 8/24
September 9/14 9/28
October 10/12 10/26
November 11/09 11/23
December 12/14 12/28
The City Council meetings will typically be held the 2nd and 4th Mondays at 145 N. Magnolia at 6:30 PM.
RECOMMENDATIONS:
Staff recommends that Council approve the 2026 City Council Meeting Schedule.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
1. Resolution: Approval of the 2026 City Council Meeting Schedule 201
BEFORE THE CITY COUNCIL
OF THE CITY OF WOODLAKE
COUNTY OF TULARE
STATE OF CALIFORNIA
In the matter of:
APPROVAL OF THE 2026 CITY ) Resolution No:
COUNCIL MEETING SCHEDULE )
Councilmember ________ offered the following resolution and moved its adoption. Approve the 2026 City Council Meeting Schedule.
WHEREAS, the Woodlake Municipal Code requires the City to set the time and date of City Council Meetings; and
WHEREAS, the City has established the following meeting dates for 2026 at 6:30 PM:
City of Woodlake
2026 City Council Meeting Calendar
January 1/12 1/26
February 2/09 2/23
March 3/09 3/23
April 4/13 4/27
May 5/11 5/26
June 6/08 6/22
July 7/13 7/27
August 8/10 8/24
September 9/14 9/28
October 10/12 10/26
November 11/09 11/23
December 12/14 12/28
NOW, THEREFORE, THE CITY OF WOODLAKE DOES RESOLVE to approve the 2026 City Council Meeting Schedule.
The foregoing resolution was adopted upon a motion of Councilmember ________ and seconded by Councilmember _______ and carried by the following vote at the City Council meeting held on December 8, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Rudy Mendoza, Mayor
ATTEST:
_______________________________
Irene Zacarias, City Clerk
202
City of Woodlake
AGENDA ITEM IV-G
December 8, 2025
Prepared by Emmanuel Llamas, City Staff
SUBJECT:
Action: Adoption of Resolution: Approve the Right of Way Acquisition Associated with the West Sequoia Multimodal Improvement Project Property 060-031-019 and Authorize the City Administrator to Execute All Necessary Documents
BACKGROUND:
The City of Woodlake applied for ATP Cycle 6 funding for the construction of the West Sequoia Avenue Multimodal Improvements Project. The project will directly link to the improvements that were made through ATP Cycle 4 on North Valencia Blvd. This multi-modal project will close a gap on Sequoia Avenue that currently lacks sidewalk, curb, gutter, ADA ramps, streetlights, and bike lanes. Currently, there are inadequate pedestrian improvements on the north side of Sequoia Avenue from Valencia to Mulberry St. which leads to pedestrians walking on the road when going to school or athletic facilities. The gap closure would allow pedestrians and cyclists to travel between residential areas, the schools, and Antelope Creek Park.
DISCUSSION:
City Staff, in conjunction with its right of way consultant Bender Rosenthal Incorporated (BRI) has been working with those owners who are adjacent to West Sequoia Avenue Multimodal Improvements Project to procure necessary right of way for the construction of the improvements. The City will need to purchase a sliver of property with APN No. 060-031-019 to construct the ADA compliant curb ramps and sidewalk.
RECOMMENDATIONS:
Approve the partial right of way acquisition for the property adjacent to West Sequoia Multimodal Improvement project as needed for completion of the project’s improvements.
FISCAL IMPACT:
The City will cover the costs for right of way through RMRA fund and Local Streets funding.
ATTACHMENTS:
1. Resolution: Approve the Right of Way Acquisition Associated with the West Sequoia Multimodal Improvement Project Property 060-031-019 and Authorize the City Administrator to Execute All Necessary Documents
2. Attachment No. 1 – Purchase Agreement & Grant Deed & Temporary Construction Easement Deed (Reynoso)
203
BEFORE THE CITY COUNCIL
OF THE CITY OF WOODLAKE
COUNTY OF TULARE
STATE OF CALIFORNIA
In the matter of:
APPROVE THE ACQUISITION FOR ) Resolution No. 25-
THE RIGHT OF WAY ASSOCIATED WITH )
THE WEST SEQUOIA MULTIMODAL )
IMPROVEMENT PROJECT PROPERTY )
060-031-019 & AUTHORIZE THE CITY )
ADMINISTRATOR TO EXECUTE )
ALL NECESSART DOCUMENTS )
Councilmember offered the following resolution and moved its adoption. Approve the Right of Way Acquisition Associated with the West Sequoia Multimodal Improvement Project and Authorize the City Administrator to Execute All Necessary Documents.
WHEREAS, the City was awarded funding to construct sidewalk, curb, gutter, ADA ramps, street lights, and bike lanes on West Sequoia Ave. Currently, there are inadequate pedestrian improvements on the north side of Sequoia Avenue from Valencia to Mulberry St.
WHEREAS, the Project has cleared environmental and is currently in the design and right of way phases.; and
WHEREAS, the City would like to begin the right-of-way portions of the project and those phases of the project will be covered with RMRA, and Local Streets funding; and WHEREAS, the City will need to purchase a sliver of the property with APN No. 060-031-019 in the amount of one thousand eight hundred fifty dollars and no cents ($1,850.00) for complete street improvements; and
NOW, THEREFORE, THE CITY OF WOODLAKE DOES RESOLVE to Approve the Right of Way Acquisition Associated with the West Sequoia Multimodal Improvement Project Property 060- 031-019 and Authorize the City Administrator to Execute All Necessary Documents.
The foregoing resolution was adopted upon a motion of Councilmember and seconded by Councilmember and carried by the following vote at the City Council meeting held on December 8, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
Rudy Mendoza, Mayor
ATTEST:
_______________________
Irene Zacarias, City Clerk
204
Assessor Parcel # Owner Site Address Proiect
060-03 1-019
Alfredo Reynoso and
Graciela Reynoso, husband
and wife as ioint tenants
600 N Acacia Street,
Woodlake, CA93286
West Sequoia Avenue
Multimodal Improvements
I
PURCHASE AGREEMENT
This Purchase and Sale Agreement ("Agreement") is made and entered into as of \7 ,25 ("Effective Date") by Alfredo Reynoso and Graciela Reynoso, husband and wife as joint tenants ("Grantor") and the City of Woodlake, a municipal corporation (Grantee").
A Grant Deed in favor of the City of Woodlake, a municipal corporation, described in Exhibit A" and a Temporary Construction Easement Deed described in "Exhibit B," attached hereto and made apart hereof.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
(A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of Woodlake, of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described in the attached Grant Deed and Temporary Construction Easement Deed, for public roadway and sidewalk purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the property. (C) Both Grantor and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation.
(D) The parties to this contract shall, pursuant to Section 2I.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 164,49 C.F.R Section 50.3. (E) No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.
2. City of Woodlake shall:
(A) Pay the undersigned grantor the sum of $1,850 (ONE THOUSAND EIGHT HUNDRED FIFTY DOLLARS AND NO CENTS) for the property or interest conveyed by the above documents when title to said property vests in the City of Woodlake, free and clear of all liens, encumbrances, assessments, easements and leases (recorded andlor unrecorded) and taxes, except:
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205
Assessor Parcel
#
Owner Site Address Project
060-03 1-0r9
Alfredo Reynoso and Graciela
Reynoso, husband and wife as joint
tenants
600 N Acacia Street,
Woodlake, CA93286
West Sequoia Avenue
Multimodal Improvements
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow.
b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced docum ent.
Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
(B) Pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by the City of Woodlake, the premium charged therefore. Said escrow and recording charges shall not, however, include documentary transfer tax. This transaction will be handled through First American Title Company, 3000 West Main Street, Visalia. CA 9329l,Escrow No. 5026900-7233765.
(C) Have the authority to deduct and pay from the amount shown on Clause 2(A) above, any amount necessary to satisfu any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, andlor delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow.
Any monies payable under this agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) to fumish grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.
Any and all monies payable under this Agreement, subject to the demands made by superior lienholders, up to and including the total amount due on financing statements, if any, shall, upon demand, be made payable to the holder thereof, said holder to furnish debtor with good and sufficient receipt showing said monies credited against the indebtedness secured by said Financing Statement.
It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subjectproperty by the City of Woodlake, including the right to remove and dispose of improvements, shall commence when funds are deposited into escrow and that the amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
A Temporary Construction Easement is needed to facilitate construction activities and provide a working area for the West Sequoia Avenue Multimodal Improvements Project. Said easement shall be for a period of twenty-four (24) months beginning October 1,2025, and IJ
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6 2of12
206
Assessor Parcel
#
Owner Site Address Project
060-031-019
Alfredo Reynoso and Graciela
Reynoso, husband and wife as joint
tenants
600 N Acacia Street,
Woodlake, CA93286
West Sequoia Avenue
Multimodal Improvements
7 8
terminate on September 30, 2027,to improve safety and construct roadway improvements within the City and along West Sequoia Avenue from Valencia Boulevard to Mulbeny Street.
Permission is hereby granted to the Grantee or its authorized agent to enter upon Grantors land where necessary within that certain area identified as a Temporary Construction Easement for the purpose described above.
Should the property be materially destroyed by fire, earthquake, or other calamity without the fault of either par:ty this agreement may be rescinded by Grantee; in such an event, Grantee may reappraise the property and make an offer thereon.
It is understood and agreed by and between the parties hereto that payment as provided in clause 2(A) includes, but is not limited to, payment for any and all damages, and any and all damages which may accrue to the Grantors' remaining property by reason of its severance from the property conveyed herein and the construction and use ofthe proposed roadway and sidewalk project, including, but not limited to, any expense which Grantor may incur in restoring their remaining property.
It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Grantors for the expense of performing the following work: 13.55+ SF of lawn.
10. Construction activities within the acquisition area will be done in such a manner as to maintain the existing security condition of Grantor's remaining property.
I l. Grantors warrant that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantors agree to hold Grantee, harmless and reimburse Grantee, for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor for a period exceeding one month.
Grantor acknowledges that a Quitclaim Deed will be required from any Lessee that has a lease term exceeding one month. Said Quitclaim Deed shall be provided to Title prior to the close of escrow.
12. Grantee agrees to indemnifu and hold harmless the undersigned Grantor(s) from any liability arising out of the Grantee's operations under this agreement. The Grantee further agrees to assume responsibility for any damages proximately caused by reason of its operations under this agreement and the Grantee will, at its option, either repair or pay for such damage.
13. The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of Hazardous Waste, which requires mitigation under Federal or state law, Grantee may elect to recover its cleanup costs from those who caused or contributed to the contamination.
9 3of12
207
060-031-019
Alfredo Reynoso and Graciela
Reynoso, husband and wife as joint
tenants
600 N Acacia Street,
Woodlake, CA93286
West Sequoia Avenue
Multimodal Improvements
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14. It is understood and a$eed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors, and or assignees.
I 5. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
In Witness Whereof, the Parties vested have executed this agreement the day and year first above written.
Grantor: Alfredo Reynoso and Graciela Reynoso, husband and wife as joint tenants 6fh,r)t' fr-ogoos'
By: ll/rz/zr
Alfredo Reynoso
Graciela Reynoso
Grantee: City oodlake, a municipal corporation
By:
Lara, City Administrator on
behalf of City of Woodlake
Date
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Date
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Date
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208
060-03 1-019
Alfredo Reynoso and Graciela
Reynoso, husband and wife as joint
tenants
600 N Acacia Street,
Woodlake, CA93286
West Sequoia Avenue
Multimodal Improvements
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EXHIBIT"A"
REC'oRIIING REQUESTED 3Yr
crrY 0Fu,rooDr-AriE
IIUEN- RECORIIf,D RETtrRlt- TO:
BeaderRsecltal, Iac.
Atts: Reb€kah Gr€ra
282J Watt Arrenue. Suite ?0O
Sacrammto, Cdiftrrria 9582 L
NOFEEDOCTIMEI,IT
Per Cal Sowroreot Code 2?383
Project: West Eequoia Aveoue Multimorhl Improvenreuts Project APN: 060431-019 (pin)
GRANT DEEI)
FOR VALUABLE CONSIDERATION, receipl of which is hereby acknowledged Al&edo Eelooso and Graciela Relroso, husbaad and wife as joiat tenants f'Grantof), does hereby grant to the CITY OF IIIOODLAKE, a nuaicipal cn'rporation" the following described real pro'perty situahd in the City of Wosdlake , Couoty of Tulare. State of Califomia, described as follows:
Erhiblt'A* and l)*pirted in Esldbit'8"
Date this 13 dayor //0 v .
2025
Grantor: Al&edo Reynoso and Graciela Reynoso, hurbaud and wife asjoint teoants lthr.rl.Rean'o sr
AlfredoH.eynoso
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060-03 I -019
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Reynoso, husband and wife as joint
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600 N Acacia Street,
Woodlake, CA93286
West Sequoia Avenue
Multimodal Improvements
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West Sequoia Avenue
Multimodal Improvements 060-031-019
Alfredo Reynoso and Graciela
Reynoso, husband and wife as joint
tenants
600 N Acacia Street,
Woodlake, CA93286
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600 N Acacia Street,
Woodlake, CA93286
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Multimodal Improvements
CITYOFITOOI}LAIff
CERTIFICATE AND CONSENT TO RECORI} DEED OR GRANT
(GO\/ERNMENT CODE SECTION 27 28r)
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EXHIBIT "B''
RECORDED TOR TEE BENf,TTT OT
City of tlroodlake
WSEN RECORDEII RETURN TO:
BeoderRorelthal, Isc.
Atto: Rebekah Gr*ea
2825 Watt Aveone, Suite 200
Sacraooento, CA 9J8? I
No Fee Docuned -p+r Governmeot code 27383
No Documeni Trangf,er Tax- per R&T Codr I l9?2
SPACE A3O\E THIS LINE FOR RECORDER's IjSE
Projed: \[est Snquoia Avenu€ Multfurodal Improvements Project APN:060-031-019 (ptn)
TEMPORARY CONSTRUCTIOI\= EASEMENT DEED
FOR AVALUAtsIE CONSIDERAfiON, receipt ofrvhich ishereby acknowledgd, Alftedo Reyooso aod Graciela Reynoso, [usband and rvift as joitrt tcoaats fGraotor'), hreby granis to the CIIY OF WOODLAKE, a rnunicipal corporatio,tr a Temporary Construction Easanent C'TCE") over, uader, upotr and across all that r€al property for access and cotrstnrctioo purposes in the real property fu tbe Cormty of Tulare, State of Catif,omia drscribed as:
SEEEXHIBIT'A" AND'BThis TCE shdl be for the purpose of constnrction activities related to lhe West Sequoia Ar,'esue Multimodal Improreoreots Pro.1ect itrctditrg. but uot lisited to we for iagress md egress. sidewalk and road construction areat" partitrg of vehicles aud all otlrer activities wtatsoever itr trahue iacideotal to the c.onstuctiou of tle specitred project. This T(. asd its related Frposes sball aot in my way uffeasonably impair Grado'rs use, access aod i[EFess/eEIEss of Graslors prop€tty.
,{ Tauporary Coostruclioa Easem€nt is seede.d to facilitate coutruction activities for the Placerville Drive Bicycle and Pdestrial Facilities Project. Said easaneal shall be for a period of twenty-four mooths beginning Oclober 1. 20?5 and eoding September 39, ?427 " Permissioo is hcreby granted to the City of 'Woodlake or its authorized egeut to eoter upoa Grantors laad rvhere aecessffy &'ittis that certair area ideatifred as a t€nptrary cooskuction easeeeol for the purpose described.
Grantor: Affredo Reyaoso and Graciela Reynoso. husbaad aad wife as joinl tenarts 6l!fr4<rk Ae"1,,',' sr
Atfredo REyooso
060-03 1-01 9
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Woodlake, CA93286
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060-03 l-019
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Woodlake, CA93286
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TULARE County
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Alfredo Reynoso and Graciela
Reynoso, husband and wife as joint
tenants
600 N Acacia Street,
Woodlake, CA93286
West Sequoia Avenue
Multimodal Improvements
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City of Woodlake
AGENDA ITEM V.A
December 8, 2025
Prepared by Irene Zacarias, City Staff
SUBJECT:
Action: Adoption of Resolution: Review and Appointment of Councilmembers to the Special Committees for Calendar Year 2026
BACKGROUND:
Every year the City Council may appoint new members or reappoint existing members to represent the City of Woodlake on various committees. Members are appointed to a one-year term and may be subject to limited renewal. Each person appointed by the city council to be a board member or alternate board member shall be a voter in that city and a resident of that portion of the city that is within the district.
DISCUSSION:
Below is the list of city councilmembers appointed to the following committees:
Tulare County Association of Governments
Member – Rudy Mendoza
Alternate Member – Jose Martinez
Tulare County Regional Transit Agency
Member – Jose Martinez
Alternate Member – Rudy Mendoza
Tulare County Transportation Authority
Member – Rudy Mendoza
Alternate Member – Jose Martinez
Economic Development Corporation
Member – Misty Wallace
Alternate Member – Frances Ortiz
San Joaquin Valley Air Pollution Control District
(Special City Selection Committee)
Member – Jose Martinez
Alternate Member – William Valero
Council of Cities
Member – Jose Martinez
Alternate Member – William Valero
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Kaweah Groundwater Sustainability Agency
Member – Rudy Mendoza
Alternate Member – Emmanuel Llamas
RECOMMENDATIONS:
City staff recommends that Council approve the appointments to the City Council Committees, if no changes are made.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
1. Resolution: Approval of the Appointments to the City Council Committees
2. Committee Meetings, Dates and Times
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BEFORE THE CITY COUNCIL
OF THE CITY OF WOODLAKE
COUNTY OF TULARE
STATE OF CALIFORNIA
In the matter of:
APPROVAL OF APPOINTMENTS ) Resolution No.
TO THE CITY COUNCIL COMMITTEES )
FOR CALENDAR YEAR 2026 )
Councilmember __________ offered the following resolution and moved its adoption for the approval of appointments to the City Council Committees WHEREAS, the City Council of the City of Woodlake must appoint members and or alternate board members to the following committees; Tulare County Association of Governments, Tulare County Economic Development Corporation, Tulare County Transportation Authority, San Joaquin Valley Air Pollution Control District (Special City Selection Committee) and Council of Cities WHEREAS, members are appointed to a one-year term and are subject to unlimited renewal; and WHEREAS, each person appointed by the city council to be a board member or alternate board member shall be a voter in that city and a resident of that portion of the city that is within the district NOW, THEREFORE, THE CITY OF WOODLAKE DOES RESOLVE to approve the following appointments, as the representatives of the City of Woodlake for each committee listed below for calendar year 2026:
Tulare County Association of Governments
Member – Rudy Mendoza
Alternate Member – Jose Martinez
Tulare County Transportation Authority
Member – Rudy Mendoza
Alternate Member – Jose Martinez
Tulare County Regional Transit Agency
Member – Jose Martinez
Alternate Member – Rudy Mendoza
Economic Development Corporation
Member – Misty Wallace
Alternate Member – Frances Ortiz
San Joaquin Valley Air Pollution Control District
(Special City Selection Committee)
Member – Jose Martinez
Alternate Member – William Valero
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Council of Cities
Member – Jose Martinez
Alternate Member – William Valero
Kaweah Groundwater Sustainability Agency
Member – Rudy Mendoza
Alternate Member – Emmanuel Llamas
The foregoing resolution was adopted upon a motion of Councilmember _______ and seconded by Councilmember ________ and carried by the following vote at the City Council meeting held on December 8, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________
Rudy Mendoza, Mayor
ATTEST:
____________________
Irene Zacarias, City Clerk
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City of Woodlake
Tulare County Association of Governments
Member – Mayor Rudy Mendoza
Alternate Member – Jose Martinez
Tulare County Transportation Authority
Member – Mayor Rudy Mendoza
Alternate Member – Jose Martinez
2026 meeting schedule not yet available
Tulare County Regional Transit Agency
Member – Jose Martinez
Alternate Member – Rudy Mendoza
Meetings are held on the 3rd Thursday of the month at 4 pm. Meetings are held at TCAG, 210 N.
Church, B, Visalia.
Economic Development Corporation
Member – Misty Wallace
Alternate Member – Frances Ortiz
The EDC board meets the 4th Wednesday of each month at 8am in-person, at 309 W. Main St.
Suite 110 Visalia, CA 93291.
San Joaquin Valley Air Pollution Control District
(Special City Selection Committee)
Member – Councilmember Jose Martinez
Alternate Member – William Valero
The SJVAPCD Governing Board meets on the 3rd Thursday of each month at 9:00 a.m. We hold meetings at our Fresno office and telecast to our regional offices in Bakersfield and Modesto.
There are no meetings held in July and November meetings are tentative.
Council of Cities
Member – Councilmember Jose Martinez
Alternate Member – William Valero
Meetings are scheduled every 2 months, on the third Wednesday of the month at 4pm in the Visalia Administration Office. However, if there are no items to discussed, the meeting gets cancelled.
Kaweah Groundwater Sustainability Agency
Member – Rudy Mendoza
Alternate Member – Emmanuel Llamas
This committee meets on a “as needed” basis. Members are notified at least one week prior to a meeting.
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City of Woodlake
AGENDA ITEM V-B
December 8, 2025
Prepared by Emmanuel Llamas, City Staff
SUBJECT:
Action: Adoption of Resolution: Approve 3-month Conditional Use Permit Extension for the Uncle Green Cannabis Business to Allow Verax Business Group to Bring the Business Into Compliance with City Cannabis Regulations
BACKGROUND:
For a Cannabis business to maintain their City issued regulatory permit, it must abide by Woodlake Municipal Code Chapter 5.48 Cannabis Businesses. Specifically, Section 5.48.140 Suspension and Revocation of Regulatory Permit or Employee Permit outlines the requirements to avoid suspension or revocation of the regulatory permit.
The cannabis business regulatory permit may be suspended or revoked by City Council if any of the following occur.
1. The Cannabis Operation is conducted in violation of any provision of this section, State Law, or any other applicable State law.
2. The Cannabis Operation is conducted in such a manner as to create a public or private nuisance.
3. A failure to pay the Regulatory Fee or Revenue Raising Fee required by this section.
4. A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the Premises, traffic control problems, or obstruction of the operation of another business.
5. A failure to comply with the terms and conditions of the Regulatory Permit or any conditional use permit issued in connection therewith.
6. Any act which would be considered grounds for denial of the Regulatory Permit in the first instance. (See, Woodlake Municipal Code section 17.74.080).
For Cannabis businesses, in order to maintain a CUP in good standing the business must also not fail to pay their regulatory fees and cannabis taxes in a timely manner, as stated in Woodlake Municipal Code Chapter 5.48 – Suspension and Revocation of Regulatory Permit or Employee Permit.
DISCUSSION:
Uncle Green had a conditional use permit issued to the cannabis business originally on November 26, 2018. The CUP has renewed and extended multiple times to allow the business to work towards getting their business established in the market, and to allow the business time to complete the following conditions:
CUPs 18-001 Cultivation, 18-002 Manufacturing, 18-003 Distribution, and 21-006 Non-Storefront Retail - Uncle Green. Meet all City Development Standards and State Building Code Requirements.
Meet all State Requirements, laws, and regulations for cannabis businesses in the State of California.
Construct curb, gutters, sidewalks, streetlights on Naranjo (SR-216) and Road 196 need to be installed to meet design standards established by the City. All sidewalk areas and parking shall have ADA access and meet the design standards established by the City. Construction and install landscaping and irrigation in compliance with City’s design standards.
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During November 2024 Uncle Green’s cannabis business license was no longer in good standing in accordance with Woodlake Municipal Code Chapter 5.48 Cannabis Businesses, as the City cannabis taxes and regulatory fees were outstanding, with cannabis taxes and regulatory fees being three quarters delinquent. Due to Uncle Green’s taxes and regulatory fees outstanding balance, their conditional use permit extension request at the November 2024 Planning Commission meeting was denied by the Planning Commission.
Uncle Green appealed the denied extension from the Planning Commission, and the extension request was considered at the January 13, 2025, City Council Meeting. City Council at the January 13, 2025, meeting agreed to extend the CUP for 3 months, and once again agreed to a 3-month extension at the April 14, 2025, Council Meeting. These extensions were granted due to Uncle Green making some progress payments on their outstanding balances, and due to the incidents, which caused hardship for Uncle Green during the Spring of 2025.
The City was prepared to recommend that the City Council deny any CUP extensions at the November 24, 2025, City Council meeting, and to suspend and revoke the cannabis regulatory permits. On November 24, 2025, the City was made aware, via email, by Ryan Baker, the CEO and President of Verax Business Group that he was appointed by the Superior Court of California as Receiver over Uncle Green and Mogul Investments. A copy of the signed and filed court order by the Superior Court of Tulare County was sent to the City via email by Mr. Baker.
The City staff spoke with Mr. Baker via phone call on November 24, 2025 and were assured that his intent is to follow the court order’s requirement of the receivership to maintain any licenses and permits for the business operation, engage in completing the off-site improvements as outlined in the conditional use permit to maintain the CUP, and to pay any fees or taxes outstanding to remain compliant with the City Cannabis Business Regulations.
Mr. Baker also joined the November 24, 2025, City Council meeting to introduce himself and his firm to the staff, public and Council, and to confirm their team plans to make the Uncle Green business and property compliant with city regulations and permits.
RECOMMENDATIONS:
City staff is recommending that City Council proceeds with approving a final 3-month extension to allow the receivership organization Verax Business Group to bring the cannabis business into compliance with conditions of the Uncle Green conditional use permit and City Cannabis Business regulations.
FISCAL IMPACT:
Currently Uncle Green should pay approximately $132,000 annually in cannabis taxes to the City of Woodlake General Fund.
ATTACHMENTS:
1. Resolution Uncle Green CUP 3 Month Extension - Receivership
2. Court Ordered Receivership appointment to Verax Business Group 223
BEFORE THE PLANNING COMMISSION
OF THE CITY OF WOODLAKE
COUNTY OF TULARE
STATE OF CALIFORNIA
In the matter of:
APPROVE 3-MONTH CONDITIONAL USE PERMIT )
EXTENSION FOR THE UNCLE GREEN CANNABIS ) Resolution No. 25-
BUSINESS TO ALLOW VERAX BUSINESS GROUP TO )
BRING THE UNCLE GREEN BUSINESS INTO )
COMPLIANCE WITH CITY CANNABIS REGULATIONS )
Councilmember _______ offered the following resolution and moved its adoption. Approve 3-month Conditional Use Permit Extension for the Uncle Green Cannabis Business to allow Verax Business Group to bring the business into compliance with City Cannabis Regulations.
WHEREAS, The Woodlake Municipal Code Chapter 5.48 Cannabis Business outlines the regulations which a cannabis business must follow to maintain their cannabis regulatory permit in good standing; and WHEREAS, Specifically, Section 5.48.140 Suspension and Revocation of Regulatory Permit or Employee Permit outlines the requirements to avoid suspension or revocation of the regulatory permit; and
WHEREAS, failure to pay the regulatory fees and cannabis taxes are considered grounds for suspension and revocation of the regulatory permit; and
WHEREAS, Uncle Green has failed to pay their regulatory fees, cannabis taxes and has failed to complete the conditions of the conditional use permit issued in November of 2018, as listed here::
CUP 18-001 Cultivation, 18-002 Manufacturing, 18-003 Distribution 21-006 Non-Storefront Retail – Uncle Green. Curb, gutters, sidewalks, streetlights on Naranjo (SR-216) and Road 196 need to be installed. Landscaping and Irrigation around site.
WHEREAS, Uncle Green is now multiple quarters delinquent with regulatory fees, cannabis taxes, city utilities, and has not made any progress towards completion of the conditions of their conditional use permit; and
WHEREAS, on November 24, 2025, the City was contacted by Verax Business Group and provided a court order naming Verax Business Group as the appointed receiver of Uncle Green and Mogul Investments; and
WHEREAS, the court order states that the receiver may utilize any license or permit for the Uncle Green business in order to operate the business, and any government agency that is presented with the court order shall cooperate with the receiver; and
WHEREAS, Verax Business Group assured City staff and City Council at the November 24, 2025 City Council meeting that their intent is to follow the court order’s requirement of the receivership to maintain any licenses and permits for the business operation, engage in completing the off-site improvements as outlined in the conditional use permit to maintain the CUP, and to pay any fees or taxes outstanding to remain compliant with the City Cannabis Business Regulations. 224
NOW, THEREFORE, THE CITY OF WOODLAKE DOES RESOLVE to Approve 3-month Conditional Use Permit Extension for the Uncle Green Cannabis Business to allow Verax Business Group to bring the business into compliance with City Cannabis Regulations.
The foregoing resolution was adopted upon a motion of Councilmember ________ and seconded by Councilmember ___________ and carried by the following vote at the City Council meeting held on December 8, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________
Rudy Mendoza, Mayor
ATTEST:
_______________________
Irene Zacarias, City Clerk
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Meagen E. Leary (SBN: 233103)
Geoffrey A. Heaton (SBN: 206990)
DUANE MORRIS LLP
One Market Plaza
Spear Street Tower, Suite 2200
San Francisco, CA 94105-1127
Telephone: (415) 957-3000
Facsimile: (415) 957-3001
Email: [email protected]
[email protected]
Rubina Karapetyan (SBN: 358647)
DUANE MORRIS LLP
865 South Figueroa Street, Suite 3100
Los Angeles, CA 90017-5450
Telephone: (213) 689-7400
Email: [email protected]
Attorneys for Plaintiff
PELORUS FUND LOC, LLC, a Delaware limited liability company
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF TULARE
PELORUS FUND LOC, LLC, a Delaware
limited liability company,
Plaintiff,
v.
MOGUL INVESTMENTS LLC, a California
limited liability company; UNCLE GREEN,
INC., a California corporation; UNCLE
GREEN LLC, a California limited liability
company; KARIM ALI, an individual;
SABRINA LALANI, an individual; and
DOES 1 to 50, inclusive,
Defendants.
Case No. VCU327181
[PROPOSED] ORDER GRANTING EX
PARTE APPLICATION FOR
(1) APPOINTMENT OF A RECEIVER ,
(2) TEMPORARY RESTRAINING
ORDER, AND (3) ORDER TO SHOW
CAUSE RE PRELIMINARY
INJUNCTION AND APPOINTMENT
OF RECEIVER
Date: November 6, 2025
Time: 8:30 a.m.
Dept.: 07
Date Action Filed: October 21, 2025
Trial Date: None Set
The Court, having read and considered the Verified Complaint (“Verified Complaint”) of plaintiff PELORUS FUND LOC, LLC, a Delaware limited liability company (“Plaintiff”),1 in this action, and Plaintiff’s ex parte application for the appointment of a receiver, temporary restraining 1 Any capitalized words in this Order, if not defined herein, shall have the meaning given to them in the Application. 11/06/2025 Skye Woods, Deputy
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order, and preliminary injunction (“Application”), together with all other pleadings and papers filed by the parties, and upon hearing the arguments of counsel, and finding good cause therefor, IT IS HEREBY ORDERED as follows:
APPOINTMENT OF RECEIVER
1. APPOINTMENT OF RECEIVER. Ryan C. Baker (“Receiver”) of Verax Business Group (“Verax”) is appointed as receiver in this action effective immediately.
2. OATH. The Receiver shall file an oath pursuant to Code of Civil Procedure section 567(a).
3. PLAINTIFF’S BOND. Plaintiff shall post an undertaking in the sum of $10,000.00 pursuant to Code of Civil Procedure section 529(a) and Rule of Court 3.1150.
4. RECEIVER’S BOND. The Receiver shall post an undertaking in the sum of $25,000.00 to the effect that the Receiver will faithfully discharge his duties and obey the orders of this Court pursuant to Code of Civil Procedure section 567(b). The Receiver shall be allowed the cost of this undertaking.
5. RECEIVER’S FEES. The Receiver may charge for the Receiver’s services according to the schedule attached hereto as Exhibit A.
6. PROPERTY MANAGEMENT. The Receiver may employ Verax as property manager for the Property, or employ another commercially reasonable property manager, with Plaintiff’s consent. Verax’s management fees are according to the schedule in Exhibit A.
7. THE RECEIVERSHIP ESTATE. The “Receivership Estate” or “Property,” as those terms are used herein, comprises all of the real, personal, tangible and intangible property, and crops of MOGUL INVESTMENTS LLC, a California limited liability company (“BORROWER” OR “MOGUL”), as described in the Verified Complaint in this action, and any other collateral that secures the Loan as described in the Verified Complaint and the Loan Documents (as defined in the Verified Complaint) attached thereto, including, but not limited to, the personal property of defendants KARIM ALI (“Ali”), SABRINA LALANI (“Lalani”, and together with Ali, “Individual Pledgors”), UNCLE GREEN, INC., a California corporation (“UGI”), and UNCLE GREEN LLC, a California limited liability company (“UGL”, and together with UGI, “Entity Pledgors”, and 227
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together with Individual Pledgors, “Pledgors”) that is pledged as collateral to secure the Loan, as described in the Verified Complaint and the Loan Documents. Without limiting the foregoing, the Receivership Estate includes, without limitation:
a. real property that is located at 34368 Road 196, Woodlake, California 93286 and undeveloped, vacant land in Woodlake, California 93286, as more particularly described in Exhibit B attached hereto (the “Real Property”);
b. all personal property, including, but not limited to, cash and security deposits derived from the Receivership Estate, rents, profits, and all maintenance materials, supplies, equipment, inventory, and tools;
c. Borrower and Pledgors’ business operations, marijuana dispensary registration certificates, and all other permits and licenses pertaining to the operation of the business, whether held by Borrower or Pledgors, both tangible and intangible, of whatever kind and description and wherever situated, and the revenues, payments, proceeds, and profits derived from the Business (as defined herein), wherever located;
d. all property defined as “Collateral” in the Loan Agreement and Deed of Trust, attached as Exhibits 13 and 14, respectively, to the Verified Complaint, including, without limitation all licenses and permits issued to Borrower and/or Pledgors, including cannabis licenses (“Cannabis Licenses”) issued to Borrower and/or Pledgors;
e. all property defined as “Collateral” in that certain Pledge and Security Agreement attached as Exhibit 15 to the Verified Complaint,; f. all property defined as “Pledged Collateral” in that certain Pledge Agreement attached as Exhibit 16 to the Verified Complaint, including, without limitation, Individual Pledgors’ interests in Borrower, UGL and UGI; and
g. all of Plaintiff’s remedies under the Deed of Trust, the Pledge Agreements, the Forbearance Agreement, and the other Loan Documents, as those terms are defined in the Verified Complaint.
8. POSSESSION BY THE RECEIVER. After filing his oath and bond, the Receiver shall take immediate possession of the Receivership Estate. 228
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9. POWERS AND DUTIES OF RECEIVER: The Receiver shall have all powers, duties and authorities as are provided by law to use, operate, manage, and control the Receivership Estate, to collect and receive any and all rents, sub-rents, lease payments, profits, and other income from the Receivership Estate, to protect, preserve, improve, and maintain the Receivership Estate, and to incur expenses that are necessary and appropriate to care for, preserve, and maintain the Receivership Estate. Without limiting the foregoing, the Receiver’s powers and duties shall specifically include:
a. The Receiver shall, within thirty (30) days of qualification hereunder, file with this Court an inventory of all property of which the Receiver shall have taken possession pursuant to this Order, and any other property of which he shall subsequently come into possession, and the Receiver shall conduct periodic accounts thereafter if needed. b. The Receiver shall collect all rents, profits and other income from the Property, wherever they may exist.
c. The Receiver shall assemble and take possession, custody, and control of the Property, wherever located, and operate the business of Borrower and Pledgors (“Business”). d. The Receiver may, with Plaintiff’s approval, enter into leases for a term not exceeding one year, obtain and evict tenants, and set and modify the amounts and terms of leases. e. The Receiver is empowered to establish bank accounts for the deposit of monies and funds collected and received in connection with the Property, at a federally insured banking institution (the “Operating Account”) in the name of the Receiver in trust. However, the Receiver shall not be required to put the funds in a federally-insured bank account because it is not possible at this time. Monies coming into the possession of the Receiver and not expended for any purposes herein authorized shall be held by the Receiver pending further order of this Court. If possible, the Receiver shall hold monies that come into his possession in interest-bearing accounts.
The Receiver shall not use the money coming into his possession to reduce the debt of Borrower owed to Plaintiff except upon further order of this Court. Within twenty-one (21) days after the last day of each month, the Receiver shall serve on the parties, through counsel, a report, including statements of account for the Property, for the funds received by the Receiver, and for the expenses 229
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incurred or paid by the Receiver for that month. The Receiver need not file such monthly reports with the Court.
f. Subject to further order of this Court, the Receiver shall operate and manage the Property. The Receiver shall pay only those bills that are reasonable and necessary for the operation, protection, and/or preservation of the Property for the period after the entry of this Order until termination of the receivership and shall allocate funds in the following order of priority:
(1) the costs and expense of the Receivership Estate including utilities, insurance premiums, general and special taxes or assessments levied on the real property and improvements thereon; and (2) subject to approval by Plaintiff, which approval may be withdrawn by Plaintiff in its discretion, the creation and retention by the Receiver of a reasonable working capital fund. All monies coming into the Receiver’s possession shall only be expended for the purposes herein authorized, and the balance of funds shall be held by the Receiver pending further order of this Court. Notwithstanding the foregoing, the Receiver is to make no payment for accrued liabilities of Borrower or Pledgors existing prior to this Order other than expenses that in his reasonable judgment are necessary or proper to preserve and protect the Property.
g. To the extent applicable, the Receiver shall make no refunds of security deposits, unless such security deposit has previously been turned over or otherwise paid to the Receiver in good and sufficient funds.
h. As appropriate, the Receiver may notify all necessary local, state, and federal governmental agencies of his appointment as the Receiver, including the California Franchise Tax Board, the Internal Revenue Service, and the California Board of Equalization. i. The Receiver shall, upon taking possession of the Property, immediately determine whether, in the Receiver’s judgment, there is sufficient insurance coverage for the Property (which shall at a minimum meet the requirements under the Loan Documents) and shall notify the parties herein of his determination. If sufficient coverage does exist, the Receiver will have himself and the property managers named as additional insureds on the policy or policies for the period that they are in possession of the Property. If sufficient insurance coverage does not exist, including coverage for any actions taken by the Receiver within the scope of his receivership, the 230
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Receiver shall immediately so notify the parties to this lawsuit and shall procure, within ten (10) days, sufficient insurance for the Property, provided there are funds in the Receivership Estate available to do so. The Receiver shall not be liable for any uninsured claims arising prior to the time that sufficient insurance is in place and in force. Borrower and Pledgors shall immediately advise the Receiver about the nature and extent of insurance coverage on the Receivership Estate, shall immediately name the Receiver and Receiver’s property managers as additional insureds on each insurance policy on the Receivership Estate, and shall not cancel, reduce, or modify the insurance coverage.
j. The Receiver shall take receipt of any mail addressed to Borrower or Pledgors at the Property, for the purpose of opening that mail and taking receipt of payments payable with respect to the Receivership Estate.
k. The Receiver shall not place or suffer any encumbrances on the Property without prior Court approval. To the extent deemed appropriate by the Receiver, the Receiver may apply to Plaintiff to borrow additional funds to enable the Receiver to perform his duties and satisfy his costs and expenses hereunder. Plaintiff shall have the right, but not the obligation, in Plaintiff’s sole and absolute discretion, to pay as and when due, or to lend to the Receiver, all or any portion of such requested funds, in which event all such funds paid or lent shall be deemed to be additions or protective advances secured by Plaintiff’s existing liens under the Deed of Trust, and shall be recoverable by Plaintiff at its option directly from the Receivership Estate. l. The Receiver is authorized to retain the services of and enter into contracts with maintenance and repair companies, licensed engineers or other building professionals, and environmental consultants and contractors as the Receiver may select, and as the Receiver may deem necessary or appropriate to properly investigate, monitor and/or remediate any conditions or issues pertaining to the Property.
m. The Receiver is authorized to engage and pay for such architects, building contractors, engineers, building professionals, and other consultants as may be required to evaluate, maintain and preserve the entitlements and/or permits relating to the development of the Property. 231
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n. The Receiver is authorized to market the Property, and to take such actions as are necessary to effectuate a private sale of the Property. In carrying out these duties, the Receiver is authorized to retain properly qualified real estate professionals, including, but not limited to, a real estate appraiser, broker and/or agent to list and market the Property. The Receiver is also authorized to retain an auctioneer and/or sales agent in connection with the sale of any personal property. Any sale of the Property, whether real property, personal property, or both, is subject to Plaintiff’s written consent and further order of this Court.
o. In performing his duties, no risk or obligation shall be the personal risk or obligation of the Receiver, but rather shall be solely the risk or obligation of the Receivership Estate. p. Upon receipt by the Receiver of a Sheriff’s or Marshall’s Deed of Sale after judicial foreclosure, or a Trustee’s Deed Upon Sale after non-judicial foreclosure, or a notice from Plaintiff that Borrower has cured Borrower’s existing defaults under the Loan Documents, or a notice that Plaintiff has accepted a deed in lieu of foreclosure or foreclosed upon certain Property in accordance with Article 9 of the Uniform Commercial Code, or a notice that there has been some other settlement agreement between Plaintiff and Borrower, the Receiver shall immediately turn over possession, custody, and control of the Property that was the subject of any foreclosure, sale, or settlement to either Plaintiff, Borrower, or to the successful purchaser, whichever is appropriate, without further order of this Court (unless there is an order requiring the Receiver to continue in possession and control of the applicable Property). Upon such turnover of possession, the Receiver shall then be divested of possession, custody, and control of the applicable Property and, if consistent with existing law, the Receiver shall have no further liability as to the applicable Property. Discharge of the Receiver shall require an order of this Court after filing of the Receiver’s Final Accounting and exoneration of the Receiver’s bond.
q. The Receiver shall have no obligation to prepare or file tax returns on behalf of Borrower or Pledgors.
r. The Receiver shall not be responsible for payment of any utility bills (including without limitation, electricity, gas, water, sewage, garbage, television/cable, and telephone), unpaid payroll expenses, unpaid service vendor invoices, unpaid supply vendor invoices, 232
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or other unpaid invoices incurred by, or the benefit of, the Property prior to the Receiver’s taking possession of the Property. Utility companies and other providers of utility services, including without limitation, electricity, gas, water, sewage, garbage, television/cable, and telephone are directed not to demand additional deposits or to discontinue service. The Receiver is authorized to open new customer accounts with each utility that provides services to the Property, or require Borrower or Pledgors to name the Receiver as an authorized user of any of the existing utility accounts for the Property.
s. The Receiver may employ ArentFox as general counsel. t. The Receiver may terminate or retain Borrower and/or Pledgors’ existing employees or related parties in order to continue any business operations with respect to the Property, and in case of such retention all payroll taxes, workers’ compensation insurance, and related costs will be carried and reported as those of Borrower and/or Pledgors or such related parties, and not of the Receivership Estate.
u. The Receiver shall have the ability, but is not required, to interview the parties and decide who shall operate the Business, and exclude any and all parties from the Business. If the Receiver hires any of the parties, he will still retain financial control over the Business. v. The Receiver shall oversee construction of improvements on the Property, subject to Plaintiff’s consent and approval.
w. The Receiver shall obtain and/or maintain any licenses or permits that the Receiver reasonably believes to be necessary for the operation of the Property and/or Business, and shall pay all fees needed to keep such licenses and permits current and in good standing. x. The Receiver may use any federal taxpayer identification numbers relating to the Receivership Estate for any lawful purpose relating to the Property, the Receivership Estate, and/or his duties in this matter.
y. The Receiver may reject, in accordance with applicable law, any unexpired leases or contracts of Borrower and/or Pledgors which are, in the Receiver’s judgment, burdensome on the Receivership Estate.
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z. The Receiver shall operate the Receivership Estate, to preserve, protect, and secure the Property, take possession of all accounts and all books and records relating to the Receivership Estate. The Receiver shall have authority to determine and proceed with any entitlements and/or any permits relating to the Property, and to take any action to maintain in effect such entitlements and/or permits. The Receiver shall have the authority to change signatures to the Receiver on signature cards for existing accounts, and to transfer existing accounts, or funds in existing accounts, into account(s) established by the Receiver. The Receiver shall have the authority to receive and endorse checks constituting income from the Property. aa. The Receiver may take control of Pledgors’ interests in the Borrower, UGL and/or UGI, and exercise the rights of Pledgors as owners of interests in the Borrower, UGL and/or UGI.
bb. The Receiver may take control of Borrower and/or Pledgors’ rights to the Cannabis Licenses held in Borrower and/or Pledgors’ names; cc. The Receiver may employ agents, clerks, or accountants to aid in administering and liquidating the Property. No risk, obligation, or expense so incurred shall be the personal risk or obligation of the Receiver, but shall be the risk, obligation, and expense of the Receivership Estate established herein.
dd. The Receiver, as agent of the Court (and only when the Receiver deems absolutely necessary), shall be entitled to the assistance of law enforcement officials when taking possession of the Property, or at any other time during the term of the Receivership such assistance is necessary to preserve the peace and protect the Receivership Estate. This Order shall be presented to local law enforcement, including police, sheriff, or marshal, and law enforcement will carry out the terms of this Order to assist the Receiver in taking possession of the Property without further Court intervention or order.
ee. The Receiver shall be entitled to engage a locksmith for purposes of gaining entry to Borrower and Pledgors’ business locations, wherever located, and through any security system, in order to obtain any Property or documents to which the Receiver is entitled pursuant to this Order, as well as giving any notices which may be required in performing the Receiver’s duties. 234
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The Receiver may have locks or security codes changed, or have keys created that will work for the existing locks.
ff. The Receiver may communicate and sign documents with any regulatory or governmental agency or entity, including any tax agency or authority, on behalf of the Business and its shareholders. Any regulatory or governmental agency or entity may rely on this Court Order for the Receiver’s authority to act on behalf of the Business or its shareholders. gg. The Receiver may utilize any license or permit for the Business in order to operate the Business, and any governmental agency that is presented with this Order shall cooperate with the Receiver. The Receiver is authorized to sign any documents on behalf of Borrower or Pledgors and/or any members of Borrower or Pledgors in order to effectuate the transfer of any license or permit for the Business.
hh. The Receiver may apply for, obtain, and/or review any licenses or permits that the Receiver believes to be necessary for the Business.
10. TURNOVER OF BANK ACCOUNTS. All banks or other financial institutions which hold any accounts containing Property shall turn over all such funds in any such accounts to the Receiver upon presentation of a copy of this Order, and shall provide copies of any requested records regarding any such accounts to the Receiver. Any other entities or individuals holding funds that constitute Property shall turn over all such funds to the Receiver upon presentation of a copy of this Order, and shall provide copies of any requested records regarding such funds to the Receiver.
11. DELIVERY OF REVENUES. Borrower and Pledgors, upon receipt of a copy of this Order, shall deliver to the Receiver immediate possession of all revenues and income generated from the Property in Borrower’ and/or Pledgors’ possession, custody, or control. This delivery to the Receiver shall be completed within forty-eight (48) hours of receipt of the above-described documents.
12. NONINTERFERENCE WITH RECEIVER AND TURNOVER OF PROPERTY. a. Borrower and Pledgors, and their representatives, and all other persons in active concert and participation with them:
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i. Shall fully cooperate in immediately making available and turning over to the Receiver all Property, keys to the Property, and the originals (or, with the Receiver’s consent, copies) of all books, records, ledgers, bank records, documents, subcontracts, contracts, computer software, tax ID numbers, and other business records wherever located relating to the Property;
ii. Shall immediately turn over to the Receiver all documents which pertain to all licenses, permits, or government approvals relating to the Property, and shall immediately advise the Receiver of any social security or taxpayer identification numbers used in connection with the operation of the Property;
iii. Shall immediately turn over to the Receiver all contracts involving the Property; and
iv. Shall cooperate with and reasonably assist the Receiver with respect to his operation of the Receivership Estate, including but not limited to promptly responding to any inquiry by the Receiver for information.
b. Except as may be otherwise ordered by this Court, Borrower and Pledgors, and their respective representatives, and all other persons in active concert and participation with them, are hereby restrained and enjoined during the pendency of the receivership from doing, directly or indirectly, any of the following:
i. Interfering with the possession, operation, control, and maintenance of the Receivership Estate;
ii. Demanding, collecting, receiving, or in any other way diverting or using any of the proceeds derived from the Property;
iii. Committing or permitting any waste of the Property, or any part thereof, or suffering or committing or permitting any acts on the Property or any portion thereof in violation of law, or removing, transferring, encumbering, or otherwise disposing of any of the Property or any portion thereof;
iv. Commingling, hypothecating, converting, concealing, conveying, assigning, misappropriating, misusing or otherwise transferring any Property or any of the monies 236
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derived from the Property, or from using any monies derived from the Property for any purpose except to turn them over to the Receiver;
v. Transferring, concealing, destroying, defacing, or altering any of the instruments, documents, ledger cards, books, records, printouts, or other writings relating to the Property, or any portion thereof; and
vi. Interfering with or hindering in any manner whatsoever the Receiver in the performance of his duties herein described or in the performance of any duties incidental thereto.
13. BANKRUPTCY– PLAINTIFF’S DUTY TO GIVE NOTICE. If any of the Borrower or Pledgors files a bankruptcy case during the receivership, Plaintiff shall give notice of the bankruptcy case to this Court, to all parties, and to the Receiver as soon as practicable after the day on which Plaintiff receives notice of the bankruptcy filing.
14. BANKRUPTCY – RECEIVER’S DUTIES. If the Receiver receives notice that a bankruptcy has been filed, and part of the bankruptcy estate includes property that is the subject of this Order, the Receiver shall have the following duties:
a. The Receiver shall immediately contact Plaintiff and determine whether Plaintiff intends to move in the bankruptcy court for an order for (1) relief from the automatic stay, and (2) relief from the Receiver’s obligation to turn over the property (11 U.S.C. § 543). If Plaintiff has no intention to make such a motion, the Receiver shall immediately turn over the Property to the appropriate entity – either to the trustee in bankruptcy if one has been appointed or, if not, to the debtor in possession – and otherwise comply with 11 U.S.C. § 543. b. If Plaintiff intends to seek relief immediately from both the automatic stay and the Receiver’s obligation to turn over the Receivership Estate, the Receiver may remain in possession and preserve the Receivership Estate pending the ruling on those motions (11 U.S.C. § 543(a)). The Receiver’s authority to preserve the Receivership Estate shall be limited as follows:
i. The Receiver may continue to collect rents and other income; ii. The Receiver may make only those disbursements necessary to preserve and protect the Receivership Estate;
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iii. The Receiver shall not execute any new leases or other long-term contracts; and
iv. The Receiver shall do nothing that would effect a material change in the circumstances of the Receivership Estate.
c. If the bankruptcy court enters an order or Plaintiff fails to file a motion within 30 days after receipt of actual notice of the bankruptcy filing, the Receiver shall immediately turn over the Receivership Estate to the appropriate entity – either to the trustee in bankruptcy if one has been appointed or, if not, to the debtor in possession – and otherwise comply with 11 U.S.C. § 543. d. The Receiver may apply to the bankruptcy court to retain legal counsel to assist the Receiver with issues arising out of the bankruptcy proceedings that affect the receivership.
15. PAYMENT OF RECEIVER FEES. The Receiver is authorized to prepare periodic interim statements reflecting the Receiver’s fees and administrative and management costs incurred in the operation and administration of the Receivership Estate. Upon completion of an interim statement, and mailing or emailing a copy to the parties’ respective attorneys of record or any other designated person or agent, the Receiver may pay from funds in the Receivership Estate, if any, the amount of said statement. Pursuant to Rule of Court 3.1183, objections to the Receiver’s interim statements, if any, must be made within 10 days of service of the statement and must be made on a line-item basis. Any party that fails to object within the 10-day period shall be barred from thereafter asserting any objection to the Receiver’s fees and expenses presented in the interim statement.
Notwithstanding the periodic payment of the Receiver’s fees and administrative expenses, said fees and expenses shall be submitted to this Court for its approval and confirmation, in the form of either a noticed interim request for fees, a stipulation among all the parties, or the Receiver’s Final Accounting. Plaintiff shall have the option to make payments to the Receiver for his interim fees, subject to this Court’s approval of such fees.
16. FURTHER INSTRUCTIONS. It is further ordered that the Receiver, Plaintiff, Borrower, and Pledgors may, at any time, apply to this Court on an ex parte basis for further instructions and for further powers necessary to enable the Receiver to perform his duties. 238
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17. JUDICIAL IMMUNITY. The Receiver and his agents (including but not limited to any property management company he employs) shall have judicial immunity to the fullest extent permitted under statutory and case law. No individual or entity may sue the Receiver (including any of his agents, to the extent such suit arises in any way from their role as agent of the Receiver) without first obtaining the permission of this Court.
TEMPORARY RESTRAINING ORDER PENDING ORDER TO SHOW CAUSE
HEARING
Borrower and Pledgors (collectively, the “Defendants”) and their agents, employees and representatives, any other person or entity who may have possession, custody, or control of the Property or of any interest therein, and all persons or entities acting under or in concert with Defendants, are restrained and enjoined from commingling, hypothecating, converting, concealing, conveying, assigning, misappropriating, misusing, destroying, defacing, altering, or otherwise transferring any Property (including any books and records for the Property in whatever format such books and records are kept), including crops, inventory, rental payments, security deposits, retainers, or insurance proceeds for any purpose other than payment of the encumbrances in the order of their priority on the Property.
Pending the hearing on the Order to Show Cause, Defendants shall segregate the security deposits, issues, rents, income, profits, revenues, royalties, storage unit rentals, and lease payments of, or any other monies generated by, the Property whenever collected, shall deposit the proceeds of same into a Property-specific account, and shall be prohibited from making any expenditures from said account (unless so authorized by the Receiver), so the same can be turned over to the Receiver.
Except by leave of this Court, during pendency of the receivership ordered herein, Defendants and all clients, vendors, and creditors of Defendants, and all others acting on behalf of any such client, vendor, or creditor, including sheriffs, marshals, other officers, deputies, servants, agents, employees, and attorneys, aside from the Receiver and Plaintiff, are hereby stayed from taking any action to establish or enforce any claim, right, or interest for, against, on behalf of, in, or in the name of, Defendants, the Receivership Estate, the Receiver, or the Receiver’s duly authorized agents, including, but not limited to, the following actions:
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a. Commencing, prosecuting, continuing, entering, or enforcing any suit or proceeding relating to the receivership and/or any asset in the Receivership Estate or otherwise subject to the receivership, except that such actions may be filed to toll any applicable statutes of limitations;
b. Accelerating the due date of any obligation or claimed obligation; filing or enforcing any lien, notice of lis pendens, or other encumbrance; taking or attempting to take possession, custody, or control of any asset in the Receivership Estate or otherwise subject to the receivership; attempting to foreclose, forfeit, alter or terminate any interest in any such asset, whether such acts are part of a judicial proceeding or are acts of self-help or otherwise; c. Executing, issuing, serving or causing the execution, issuance or service of, any legal process, including, but not limited to, attachments, garnishments, subpoenas, writs of replevin, writs of execution, or any other form of process with respect to any asset in the Receivership Estate or otherwise subject to the receivership, whether specified in this Order or not; d. Doing any act or thing whatsoever to interfere with the Receiver taking custody, control, possession, or management of any asset in the Receivership Estate or otherwise subject to the receivership, or to harass or interfere with the Receiver in any way, or to interfere in any manner with the exclusive jurisdiction of this Court over the Business.
This order does not stay:
a. The commencement or continuation of an action or proceeding by a governmental unit, to enforce such governmental unit’s police or regulatory power; b. The issuance to Defendants of a notice of tax deficiency.
ORDER TO SHOW CAUSE
Pursuant to California Rules of Court, Rule 3.1176, it is ordered that, on _____________ ___, 2025, Defendants shall appear before this Court, in Department 07 to show cause, if any, why the appointment of the Receiver should not be confirmed, why the Receiver should not take possession and continue in possession of the Receivership Estate described herein and continue to operate, manage and control the Receivership Estate in accordance with this Order, and why a preliminary injunction to aid the receivership should not be granted.
December 4, 8:30 a.m.
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Should Defendants desire to oppose the appointment and confirmation of the Receiver, Defendants shall file and personally or by electronic mail serve opposition papers on Plaintiff’s counsel, Meagen E. Leary, Geoffrey A. Heaton, and Rubina Karapetyan of Duane Morris LLP, by no later than 3:00 p.m. on _____________ ___, 2025.
It is further ordered that service of this Order shall be effected upon the Defendants and/or their counsel through electronic mail by no later than _____________ ___, 2025, and proof of such service shall be filed by Plaintiff’s counsel with this Court prior to the Order to Show Cause hearing.
Dated: ______________ ____________________________________
JUDGE OF THE SUPERIOR COURT
November 21, November 13 11/06/2025
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EXHIBIT A
Schedule of Rates
RECEIVERSHIP/FIDUCIARY MATTERS
SCHEDULE OF HOURLY RATES*
Receiver $475
Executive Management $420
Project Managing Director $375
Project Director $295
Accounting Manager $245
Project Manager $225
Administrative $175
REIMBURSABLE COSTS ARE BILLED AT COST**
Bond
Court Filing Service
Notary
Photocopies
Postage
Messenger/Overnight Delivery
Travel, Meals, & Expenses
* Rates for specific personnel may vary slightly from the above based on experience levels but will not exceed these values for the given category of work performed. Hourly rates will increase subject to a 3% annual increase effective January 1 of each year. ** Other direct costs we incur in connection with our services, such as outside attorneys, accountants and other professionals, may be reimbursable based on the terms of our agreement. 242
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EXHIBIT B
Legal Description of Real Property
Land situated in the City of Woodlake, the County of Tulare, State of California, and described as follows:
Parcel One: (APN: 059-090-002)
The West 660 feet of the North half of the Northwest quarter of the Northwest quarter of Section 35, Township 17 South, Range 26 East, Mount Diablo Base and Mendian, in the City of Woodlake, County of Tulare, State of California, according to the official plat thereof.
Excepting therefrom that portion thereof conveyed to Visalia Electric Railroad Company, a Corporation, by Deed dated January 18, 1915, recorded in Book 230, Page 183 of Deeds.
Also excepting therefrom that portion thereof conveyed to Minkler Southern Railway Company, a Corporation, by Deed dated July 14, 1914, recorded in Book 223, Page 145 of Deeds.
Also excepting therefrom that portion thereof conveyed to the County of Tulare by Deed recorded June 21, 1956 in Book 1931, Page 365, File No 20953, Official Records.
Parcel Two: (APN: 059-090-049)
The North 100 feet of the West half of the Northwest quarter, of the Northwest quarter, of Section 35, Township 17 South, Range 26 East, Mount Diablo Base and Meridian, as granted to the Visalia Electric Railroad Company, per Indenture recorded April 19, 1915, in Volume 230 of Deeds, at Page 183, Tulare County Records, and situated in the City of Woodlake, County of Tulare, State of California, according to the official plat thereof.
Excepting therefrom all minerals and mineral rights of every kind and character now known to exist or hereafter discovered underlying the property, as reserved by Union Pacific Railroad Company, a Delaware corporation, in that Quitclaim Deed recorded August 9, 2018 as Instrument No. 2018- 0043544 of Official Records.
APN: 059-090-002-000, 059-090-049-000
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City of Woodlake
AGENDA ITEM V-C
December 8, 2025
Prepared by Ramon Lara, City Staff
SUBJECT:
Action: Adoption of Resolution: Award the Construction of the City of Woodlake Civic Center Project to 4C Global, Inc. dba 4Creeks Build
BACKGROUND:
The City of Woodlake currently operates all City Administrative and Police services out of a single building. The entire Police Department currently operates in approximately 2,500 sqft of floor space including lobby, interview rooms, evidence rooms, storage, dispatch, holding areas, IT closets and office space. The City had to move evidence out of the Police Department and into storage units due to the lack of space. As the City of Woodlake continues to grow, we expect foot traffic and requests for services to continue to increase at a rapid pace, putting more strain on an already at-capacity building. The current layout of City Hall and the Police Station also presents occupational hazards and privacy concerns. In-person requests for police assistance are made in a shared lobby with City Hall where others may hear their conversations. Filing a report requires victims to enter the lobby in the presence of people conducting regular City business (paying bills, signing up for services, etc.) and may deter the victim from filing the report.
DISCUSSION:
The City of Woodlake worked with Senator Hurtado to address the current space needs for both the Woodlake Police Department and City Hall. The Senator was able to help procure seven million dollars for the design and construction of a new Civic Center in the City of Woodlake.
The City is proposing to develop a ~10,000 sqft Civic Center that would serve three functions:
1. Police Department Administration
2. City Hall Administration
3. Citizen Service Center (CSC).
The Citizen Service Center would be available to the public for community meetings, used as a heating/cooling center throughout the year and would be equipped with technology that will allow it to function as a base of operations for emergency services.
The City opened bids for the construction of the Civic Center Project on November 25, 2025.
The City received seven bids for the project as shown in Attachment No. 2. The lowest responsible bidder for the project was 4C Global, Inc. dba 4Creeks Build in the amount of $6,018,000.00.
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RECOMMENDATIONS:
Staff recommend that the Council award the Construction of the City of Woodlake Civic Center Project to 4C Global, Inc. dba 4Creeks Build. The bid is within the City’s budget and has been reviewed by the architect on the project as shown in Attachment No. 1.
FISCAL IMPACT:
The City of Woodlake will use State funding to cover the initial seven million dollars of the project. Any costs over the seven million will be paid out of the General Fund and Local Measure R Fund.
ATTACHMENTS:
1. Resolution: Award the Construction of the City of Woodlake Civic Center Project to 4C Global, Inc. dba 4Creeks Build
2. Attachment No. 1 – The Taylor Group Bid Evaluation and Recommendation
3. Attachment No. 2 – City of Woodlake Civic Center Bid Tabulation Summary 245
BEFORE THE CITY COUNCIL
OF THE CITY OF WOODLAKE
COUNTY OF TULARE
STATE OF CALIFORNIA
In the matter of:
AWARD THE CONSTRUCTION OF THE CITY ) Resolution No.
OF WOODLAKE CIVIC CENTER PROEJCT TO )
4C GLOBAL, INC DBA 4CREEKS BUILD )
Councilmember _________ offered the following resolution and moved its adoption. Award the construction of the City of Woodlake Civic Center Project to 4C Global, Inc. dba 4Creeks Build.
WHEREAS, the City of Woodlake wishes to construct a Civic Center that will house City Hall and Police Department Administration; and
WHEREAS, the City of Woodlake Civic Center would allow for the public to receive adequate services in an appropriate setting; and
WHEREAS, the Civic Center would also serve as a Citizens Service Center and be available for community meetings, heating/cooling center, and be equipped with technology to allow it to function as a base of operations for emergency services; and WHEREAS, the City of Woodlake received seven bids for the project and the lowest responsible bidder was 4C Global, Inc. dba 4Creeks Build in the amount of $6,018,000.00.
NOW, THEREFORE, THE CITY OF WOODLAKE DOES RESOLVE to award the construction of the City of Woodlake Civic Center Project to 4C Global, Inc. dba 4Creeks Build while authorizing the City Administrator to execute all necessary documents.
The foregoing resolution was adopted upon a motion of Councilmember _____ and seconded by Councilmember _______ and carried by the following vote at the City Council meeting held on December 8, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________
Rudy Mendoza, Mayor
ATTEST:
_____________________
Irene Zacarias, City Clerk
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ATTACHMENT NO.2 - BID TABULATION
PROJECT: City of Woodlake: Civic Center Project PROJECT NO.:
DATE: November 25, 2025 TIME: 2:00pm
BIDDER BASE BID
Simile Construction Services, Inc. $6,820,000.00
4C Global, Inc. dba 4Creeks Build $6,018,000.00
Marko Construction Group, Inc. $8,450,000.00
Katch Environmental, Inc. DBA Katch General $6,849,450.00 Oral E. Micham, Inc. $6,046,000.00
Fortune-Ratliff General Contractors, Inc. $6,072,000.00 Anderson Burton Construction, Inc $8,753,677.46
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