Yreka City Council
September 5, 2023

Type of Fee or Service Charge Adopted 22-23 Fee Proposed 23-24 Fee Percent Change in Fee Additional Information Last Changed Resolution or Ordinance Legal Authority
Fire Clearance Annual Inspection
7-25 Occupants $ 74.00 $78.74 6.4% CCR-2022-37
26-50 Occupants $ 105.00 $111.72 6.4% CCR-2022-37
Over 50 Occupants $ 140.00 $148.96 6.4% CCR-2022-37
Annual Licensed Care Inspection
7-25 Occupants $ 40.00 $42.56 6.4% CCR-2022-37
26-50 Occupants $ 105.00 $111.72 6.4% CCR-2022-37
Over 50 Occupants $ 140.00 $148.96 6.4% CCR-2022-37
Fire Safety Inspection
Drinking/Dining - Over 50 Occupants $ 74.00 $78.74 6.4% CCR-2022-37 Hotel, Motel, Apartment House $ 107.00 $113.85 6.4% CCR-2022-37 Health & Safety Code §13146.2 Hazardous Occupancy (High Risk Business) $ 107.00 $113.85 6.4% CCR-2022-37 Other State Required Inspections $ 74.00 $78.74 6.4% CCR-2022-37 Day Care
Commercial $ 70.00 $74.48 6.4% CCR-2022-37
Residential (Large Family Daycare) $ 50.00 $53.20 6.4% CCR-2022-37 Hospitals, Surgical Centers, I-Occupancies $ 107.00 $113.85 6.4% CCR-2022-37 Notice of Intent to Circulate a Petition $ 200.00 $ 200.00 0% Refunded to the filer if,
within one year of the
date of filing the notice of
intent, the elections
official certifies the
sufficiency of the
petition. CCR-2022-37 Elections Code §9202(b)
Copies of Campaign Statements, Contribution and
Expenditure Reports, and Statements of Disclosure of
Financial Interest (Less than 5 years old) $0.10 per page $0.10 per page 0% CCR-2022-37 Government Code section 81008(a) Copies of Campaign Statements, Contribution and
Expenditure Reports, and Statements of Disclosure of
Financial Interest (5 years and Older)
$5 retrieval fee and
$0.10 per page
$5 retrieval fee and
$0.10 per page 0% CCR-2022-37 Government Code section 81008(a) Annual Backflow Inspection; Up to 2 inch diameter valve $ 35.00 $37.24 6.4% CCR-2022-37 Y.M.C. 12.13.110

2.5 to 4 inch diameter valve $115.00 $122.36 6.4%
Plus actual cost of parts,
20% handling charge,
and hourly rate of
$60.00 for repairs CCR-2022-37 Y.M.C. 12.13.110
6 inch and above diameter valve $175.00 $186.20 6.4%
Plus actual cost of parts,
20% handling charge,
and hourly rate of
$100.00 for repairs CCR-2022-37 Y.M.C. 12.13.110
Follow-up and subsequent Inspections $90.00 $95.76 6.4% Per hour CCR-2022-37 Y.M.C. 12.13.110 Water Efficient Landscaping Documentation Review $2,500.00 $2,660.00 6.4% Deposit and actual costs. CCR-2022-37 Y.M.C. 11.38.010 Simple $ 100.00 $ 100.00 0% CCR-2022-37
Complex $ 370.00 $ 469.45 26.9% CCR-2022-37
Public Works Department
Encroachment Permit
City Clerk Office
Fire Inspection Fee
Health and Safety Code §1597.46

Printing Type Fee Number of Units Subtotal
General Printing, Black and White (8.5" x
11") $ 0.15 $ -
General Printing, Color (8.5" x 11") $ 0.25 $ -

8.5"x14" $ 0.28 $ -
11"x17" $ 0.45 $ -
9" x 12" $ 1.25 $ -
12" x 18" $ 1.50 $ -
18" x 24" $ 1.80 $ -
24" x 36" $ 2.00 $ -
TOTAL COST 0
Public Record Request: Cost Sheet
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S:\City Council\Council Agenda packet\2023 - City Council Agenda Packets\09 September 2023\2023-09-05\PC Appointment\Staff Report 9_5_23 PC Appointment.docx

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Juliana Lucchesi, Planning Director
AGENDA TITLE: Planning Commissioner Appointment for Vacant Term Expiring March 31, 2026
MEETING DATE: September 5, 2023
Recommendation andRequested Action:

After conducting applicant interviews, the Yreka City Council will be asked to make a recommendation for a Mayoral appointment to one vacant seat on the Yreka Planning Commission.

Discussion:

Currently there is one vacant seat on the Planning Commission (term expires March 31, 2026).

This evening the City Council will conduct applicant interviews and make an appointment.

The applicants that are being considered are:
• Dawnmarie Autry
• Chris Lazaris
• Sarah Chaffee
The appointed Planning Commissioners will need to complete and file a Form 700 Statement of Economic Interests annually, as per the Fair Political Practices Commission, attend a 2-hour self-guided Ethics Training, every two years in compliance with AB 1234, and complete an anti-harassment training course. These are mandatory to serve on this quasi-judicial body.

Fiscal Impact:

No fiscal impact as currently Planning Commissioners serve without a stipend. 260 of 416
Notice of Recruitment Planning Commission
The City Council of Yreka is recruiting for vacated position (term expires March 31, 2026) on the Planning Commission. The qualifications include being a resident of the City of Yreka.

The application link is: http://ci.yreka.ca.us/DocumentCenter/View/1435/Application-forPlanning-Commission-Information-Packet-2023 . Forms include the Application and Supplemental Questionnaire. The recruitment period closes on August 31, 2023 at 4:00 p.m. Applicants should be available for interviews before City Council on September 5, 2023 starting at 6:30PM. For any additional information please call Yreka City Clerk at 530-841-2386
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
Prepared by: Emily Aldrich, Finance Director
Agenda title: Water and Wastewater Utility Rate Study
Meeting date: June 2, 2016
Discussion:

The City engaged PACE engineering to review the City’s utility rates. The rate review was conducted to determine if the current rate structures can provide the revenues needed to allow the City to recover the total costs of the Water and Wastewater Enterprises from existing and future customers. Costs that were reviewed included the costs of operation and maintenance (O&M), debt service, normal additions and replacements to the systems, administrative costs, and capital.

The scope of the study includes a review and analysis of the operation of the City’s Water and Wastewater Enterprises based upon historic expenditures and revenues, the proposed system’s Capital Improvement Plans (CIP), and projected future revenue requirements.

This evening, Mr. Paul Reuter, President/Managing Engineer of PACE Engineering will be presenting findings from the study and is available for questions.

Fiscal Impact:

Fiscal impact is detailed within the study that proposes a 9.6% water and 9.5% wastewater increase fee revenue over the next five years to maintain the water and wastewater utilities.

Recommendation and Requested Action:

Discussion and possible direction to staff to bring back the City of Yreka Water and Wastewater Utility Rate Study for Adoption at a future Council meeting. 277 of 416
5155 VENTURE PARKWAY • REDDING, CA 96002 • (530) 244-0202 August 31, 2023

69.66 SENT BY EMAIL ONLY
[email protected]
Emily Aldrich
Finance Director
City of Yreka
Dear Emily,
Subject: 2023 Water and Wastewater Utility Rate Study Update The City of Yreka’s (City’s) previous water and wastewater utility rate study was completed in late 2018, and the City adopted planned rate increases of 4.0% per year for both Water and Wastewater Enterprise Funds. The prior 2013 Utility Rate Study recommended utility rates that were not adopted by the City Council. By not adopting the 2013 utility rate increases, the City has been playing a bit of “catch up” in its utility enterprise funds since then.

The 2018 Utility Rate Study projected revenue requirements for both the Water and Wastewater Enterprise Funds to increase about 4.0% per year from 2019 through 2023. Actual inflation on expenditures over this period was about 9.3% per year for the water utility and about 8.4% per year for the wastewater utility.

This 2023 Utility Rate Study Update process involved five workshops where the City’s financial performance and goals were evaluated and discussed with City Staff and the ad hoc committee of the City Council, which began in February and ended in August 2023.

The remainder of this letter summarizes our evaluation of the Water and Wastewater Utility Enterprise Funds and provides recommendations for both utility enterprises. This letter is intended to be an update to the 2018 Water and Wastewater Utility Rate Study and provides updated financial information, cost-of-service analysis, and proposed five-year utility rates.

WATER UTILITY
The City’s actual Fiscal Year (FY) 22-23 and budgeted FY23-24 expenditures were used as a basis for developing a cost-of-service analysis and revenue needs projections for FY24-25 through FY27-28. For predicting future revenue needs, the following considerations have the most significant impact on these projections:

Inflation on Expenditures: Our country has experienced increased inflation over the last two to three years. Consumer Price Index (CPI) inflation has averaged about 4.2% per year over this period. The Municipal Cost Index (MCI) inflation has averaged about 5.2% over the last few 278 of 416
City of Yreka August 31, 2023

years. The MCI is a better indicator of inflationary impacts experienced by the City for enterprise fund expenditures because it tracks expenses typically incurred by public agencies, while CPI tracks expenses for consumer goods. Actual inflation on expenditures in the City’s water utility between 2019 and 2023 was approximately 9.3% per year.

When considering inflation for public works construction projects, the City utilizes the Engineering News Record (ENR) Construction Cost Index (CCI) for San Francisco, which has averaged about 5.9% over the last few years. In reality, we have seen much higher inflationary impacts on public works construction projects due to (1) demand for work, (2) supply chain challenges for materials and equipment, and (3) payment delays from public funding agencies.

For the purpose of projecting future expenditure costs for the City’s Water and Wastewater Enterprise Funds, we have assumed the following:
• Chemicals: 5.0% per year
• Employee Benefits: 5.0% per year
• Wages: 4.0% per year
• Planned Labor Resources: 3.5% per year
• General Expenses: 3.0% per year
These inflationary projections are lower than what we have seen recently; however, based on the City’s past ability to reasonably control expenditures, it is believed these projections can be adhered to over the next five years.

Capital Improvements: The City has been very successful in recent years with obtaining sizable grants to replace aged infrastructure and make improvements to its water infrastructure. Below are some recent capital project successes, all of which are 100% grant funded:

1. East Lennox Pipeline and Filter Replacement Project: This project is nearing completion and involved replacing the existing pipeline across Interstate 5 with a larger pipeline to deliver greater hydraulic capacity and fire protection to the north Yreka area. It also replaces six filters at the City’s Water Treatment Plant (WTP). The total grant allocation for this project was $5.17M.

2. Highway 3 Water System Improvements: Caltrans has begun a significant improvement project along the Highway 3/Main Street corridor through Yreka. This corridor contains water pipelines and infrastructure that are among the oldest in the city. Caltrans informed the City that it would not allow major infrastructure replacement within the project area after the work is completed. The City was able to secure a $3.5M grant from the Community Development Block Grant (CDBG) program to replace the water infrastructure between Oberlin Road and Montague Road during summer 2022. The improvements eliminated multiple old parallel steel pipelines and improved hydraulic capacity, including fire flows along the entire corridor. The City will also be receiving a $1.124M reimbursement from Caltrans to cover costs to relocate water infrastructure that conflicted with Caltrans’ proposed improvements along the Main Street/Highway 3 corridor. 279 of 416
City of Yreka August 31, 2023

3. Water Supply and Storage Improvements: The City acquired a $5.22M grant from California Drinking Water State Revolving Fund (DWSRF) to (1) relocate and replace the Shasta Belle Tank, including upgrading the Outsen Booster Pump Station, (2) construct a new Lower Humbug Tank, and (3) add infrastructure to Davis Well to render it a viable back-up water supply for the City. The design of these improvements is nearly complete, and construction is expected to begin in 2024.

The City continues to aggressively pursue additional grant opportunities. Below are two major projects in which the City is seeking 100% grant dollars to implement. It is worth noting that for every million dollars of grant money secured for capital improvements, it saves City rate payers approximately $1.00 per month on their water bill.

1. South Yreka Water Supply and Distribution Improvements: This project consists of adding water treatment facilities to Greenhorn Reservoir to take advantage of the City’s long-time winter water right to help augment the City’s Fall Creek water supply. In addition, the project includes installing approximately seven miles of new water mains, including potential consolidation with the Shasta View Heights subdivision and intertie with Rolling Hills Mutual Water Company. The total estimated project cost is about $37.1M.

2. Water Main Replacement Project: The City is pursing DWSRF planning grant dollars to complete planning and design of a $21.4M project that would replace approximately

5.75 miles of old steel water lines throughout the City that have a history of substantial leaks.

Even with the City’s recent success with obtaining grants and their ongoing efforts to acquire more, there are still substantial water system improvements needed to replace aged infrastructure and correct existing deficiencies. The City decision to self-fund, seek outside loans, or pursue grants impacts revenue needs going forward. The following non-grant-funded capital improvements have been identified as near-term needs within the Water Enterprise Fund:
• Ongoing Steel Water Main Replacements: $500,000
• Water Meter Head Upgrade: $634,500
• Fall Creek Pipeline Assessment: $500,000
• Cathodic Protection Survey: $40,000
• Fall Creek Master Meter Replacement: $150,000
• Upgrade SCADA Services: $55,000
• Water Master Plan Update: $22,000
• Watershed Protection/Land Acquisition: $1,500,000
• City Hall Upgrade: $750,000
• Alternative Water Supply: $2,000,000
If the City were to self-fund all projects listed above, i.e., use revenue derived from water rates to fund the improvements, the required water rate increase would be about 15% per year for five years. To keep water rates down to a more manageable level, the City has elected to delay and/or seek other funding sources to complete the projects highlighted in yellow, which 280 of 416
City of Yreka August 31, 2023

represent about $3.13M worth of work. As such, the recommended total amount of self-funded capital improvements over the next five years is expected to be about $3.02M, not including the grant-funded projects described hereinbefore.

Table 1 shows a summary of budgeted and projected expenditures for each major Water Enterprise Fund department for FY23-24 through FY27-28. Also shown are anticipated capital projects for the two capital projects funds: Water Distribution and Water Supply and Treatment.

Inflationary projections are shown for each planned expenditure.

Short-Term Asset Replacement: Short-term assets are those assets that have useful lives of five (5) to twenty (20) years and includes items from computer equipment to large pumps and motors. Funding agencies, such as USDA Rural Development require borrowers to establish and fund such reserves to assure adequate funds exist to replace short-term assets over the life of a loan. Even without mandates from funding agencies, it is considered prudent financial practice for public agencies to develop and fund short-term asset reserves to assure adequate cash flow exists for replacing short-term assets.

The Water Fund has three (3) short-term asset reserves: 1) Distribution, 2) Water Supply & Treatment, and 3) Greenhorn, shown on Tables 2, 3, and 4, respectively. Annual revenue needed to fund each reserve is shown at the bottom of the tables.

Five-Year Financial Plan: Using the planned expenditures and capital improvements shown in Table 1, a five-year financial plan was developed. The financial plan summarizes revenue and expenditures and tracks balances in the various reserve accounts. Maintaining healthy reserve account balances is a key component for maintaining a healthy utility fund that remains in good standing with outside creditors. Table 5 shows the proposed Water Fund financial plan for FY23-24 through FY27-28. As shown, the Total Cash Available for Capital Improvements balance is expected to decline approximately $366,000 over the five-year study period, but the balance is expected to be about $3.392M at the end of five years.

Proposed Water Rates: Proposed utility rates go into effect on January 1 of each year. For example, planned water rates for FY23-24 would go into effect on January 1, 2024. Attached Table 6 shows proposed water rates for FY23-24 through FY27-28, which are 9.6% per year.

Comparative FY22-23 water rates with other agencies are shown in Figure 1. Also shown is the proposed FY23-24 City of Yreka water rate compared to FY22-23 rates from other agencies.

WASTEWATER UTILITY
Like the Water Enterprise Fund, the City’s actual FY22-23 and budgeted FY23-24 expenditures were used as a basis for developing a cost-of-service analysis and revenue needs projections for FY24-25 through FY27-28. Like the water utility, the following considerations have the most significant impact on future revenue projections:
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City of Yreka August 31, 2023

Inflation on Expenditures: Inflationary trends for expenditures in the Wastewater Enterprise Fund tracked at about 8.4% per year between 2019 and 2023, which is slightly less than the Water Enterprise Fund.

For the purpose of projecting future expenditure costs for the City’s Wastewater Enterprise Fund, we used the same annual inflation percentages as were used for the Water Enterprise Fund, described hereinbefore.

Capital Improvements: As with the water utility, the City has been very successful in recent years with obtaining sizable grants and/or loans to replace aged infrastructure and make improvements to its wastewater infrastructure. Below are some recent capital project successes:

1. Main Street Sewer Interceptor Improvements: Similar to the Main Street Water System Improvements, the City proceeded with a project ahead of the major Main Street/Highway 3 corridor improvements conducted by Caltrans to replace its aged wastewater collection infrastructure and consolidate multiple collection mains within the Main Street corridor.

This project was primarily funded through a low-interest 40-year loan from USDA Rural Development. The City also contributed about $500,000 of its own funds. The City is currently working with Caltrans on a reimbursement that compensates the City for wastewater infrastructure the City relocated to accommodate Caltrans’ improvements. The amount is expected to be about $1.658M back into the City’s Wastewater Enterprise Fund.

2. Wastewater Collection System Improvements Project: In 2016, the City obtained a $500,000 planning grant from Clean Water State Revolving Fund (CWSRF) to conduct planning and preliminary design of an extensive wastewater collection replacement project throughout the City. The City acquired final construction funding in April 2021 and began final design of the improvements. Construction began in June 2023, and the total grant allocation was $5.5M.

3. Wastewater Treatment Plant (WWTP) Improvement Project: The City is self-funding the planning, environmental, and preliminary design effort to make substantial improvements to the WWTP. This effort is ongoing, and it is expected that a final CWSRF construction funding application will be submitted to State Water Resources Control Board (SWRCB) Division of Financial Assistance (DFA) in the coming months. The City will be seeking 100% grant dollars for an expected $32M project.

4. Yreka Creek Sewer Improvement Project: The City is currently completing a CWSRF planning grant application seeking $1.522M in grant money to complete planning and design of several wastewater collection segments in and around Yreka Creek, between Oberlin Road and Montague Road. After the planning grant is obtained and the planning/design effort completed, the City will seek CWSRF construction grant funds to complete the $16.3M project. Construction of this project is still several years out. 282 of 416
City of Yreka August 31, 2023

While the City has been successful in obtaining grants, it continues to aggressively seek additional grant opportunities to make improvements to its wastewater infrastructure. Grant procurement reduces costs to system users through dampening of wastewater rates. Despite these efforts, the City has other capital project needs for which traditional public funding (grant) programs are not available. The following non-grant-funded capital improvements have been identified as near-term needs within the wastewater utility that are scheduled to occur over the next five years:
• WWTP Evaluation Study: $70,000
• Wastewater Master Plan Update: $22,000
• City Hall Upgrade: $750,000
• Yama Street Sewer Improvements, Phase 2: $459,000
• South Street Area Sewer Improvements: $1,115,000
• S. West Street Sewer Improvements: $1,636,000
• Aging Sewer Main Replacements (2026-2030): $1,000,000 If the City were to self-fund all projects listed above, i.e., use revenue derived from wastewater rates to fund the improvements, the required wastewater rate increase would be about 11% per year for five years. To keep wastewater rates down to a more manageable level, the City has elected to delay and/or seek other funding sources to complete the projects highlighted in yellow, which represent about $4.21M worth of work. As such, the recommended total amount of self-funded capital improvements over the next five years is expected to be about $842K, not including the grant-funded projects described hereinbefore.

Table 7 shows a summary of budgeted and projected expenditures for each major Wastewater Enterprise Fund department for FY23-24 through FY27-28. Also shown are anticipated capital projects for the two capital projects funds: Wastewater Collection and Wastewater Disposal.

Inflationary projections are shown for each planned expenditure.

Short-Term Asset Replacement: The Wastewater Fund has two (2) short-term asset reserves: 1) Collection and 2) Wastewater Treatment Plant, shown on Tables 8 and 9, respectively. Annual revenue needed to fund each reserve is shown at the bottom of the tables.

Five-Year Financial Plan: Using the planned expenditures and capital improvements shown in Table 7, a five-year financial plan was developed. The financial plan summarizes revenue and expenditures and tracks balances in the various reserve accounts. Maintaining healthy reserve account balances is a key component for maintaining a healthy utility fund that remains in good standing with outside creditors. Table 10 shows the proposed Wastewater Enterprise Fund financial plan for FY23-24 through FY27-28. As shown, the Total Cash Available for Capital Improvements balance is expected to increase over the five-year study period; however, it is still unclear as to the amount of grant dollars the City will receive from some of the sizable allocations it is seeking. Therefore, it is recommended the reserve projections be left alone. 283 of 416
City of Yreka August 31, 2023

If the City obtains all the grant dollars it expects, it may have surplus to complete some of the unfunded sewer replacement work (highlighted in yellow, above).

Proposed Water Rates: Proposed utility rates go into effect on January 1 of each year. For example, planned water rates for FY23-24 would go into effect on January 1, 2024. Attached Table 11 shows proposed wastewater rates for FY23-24 through FY27-28, which are 9.5% per year.

Comparative FY22-23 wastewater rates with other agencies are shown in Figure 2. Also shown is the proposed FY23-24 City of Yreka wastewater rate compared to FY22-23 rates from other agencies.

Sincerely,
DRAFT
Paul J. Reuter, P.E.

President/Managing Engineer
Enclosures
c: Rhetta Hogan, Assistant City Manager, [email protected] \\penfs02\VOL1\Jobs\0069 City of Yreka\0069.66 2023 Water and Wastewater Utility Rate Study Update\07 Report\LTR Report-2023 Utility Rate Study.docx
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TABLES
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TABLE 1
City of Yreka-Water Utility
Budgeted and Projected Expenditures
Fund Depart Code Account Description
Inflation
Factor
Actual
(FY 21-22)
Budgeted
(FY 22-23)
Budgeted
(FY 23-24)
Projected
(FY 24-25)
Projected
(FY 25-26)
Projected
(FY 26-27)
Projected
(FY 27-28)

FINANCE
70 30 100 thru 104 Wages 4% $104,831 $100,644 $111,638 $116,104 $120,748 $125,578 $130,60170 30 310 thru 390 Employee Benefits 5% $76,347 $75,302 $78,937 $82,884 $87,028 $91,379 $95,94870 30 100 thru 390 ACM (Split 25/25/50 Water/Waste/GF) 3.5% $0 $0 $48,000 $49,680 $51,419 $53,218 $55,081 UAL Funding 2.0% $0 $0 $30,000 $30,600 $31,212 $31,836 $32,473 70 30 510 thru 513 Clothing, Dues, Travel & Training 3% $1,325 $3,600 $3,708 $3,819 $3,934 $4,052 $4,17370 30 515 thru 517 Supplies 3% $22,300 $29,000 $29,870 $30,766 $31,689 $32,640 $33,61970 30 525 & 526 Professional & Contract Services 3% $57,427 $50,000 $51,500 $53,045 $54,636 $56,275 $57,964 Subtotal $262,230 $258,546 $353,653 $366,898 $380,666 $394,979 $409,859

PUBLIC WORKS ADMINISTRATION
70 300 100 thru 104 Wages 4% $98,746 $110,482 $114,901 $119,497 $124,277 $129,248 $134,418 70 300 310 thru 390 Employee Benefits 5% $71,982 $83,010 $87,161 $91,519 $96,094 $100,899 $105,94470 300 100 thru 390 PW Foreman (30% of cost) 3.5% $0 $0 $0 $36,038 $37,299 $38,605 $39,956 70 300 100 thru 390 Planning Support (Split 25/25/50 Water/Waste/GF) 3.5% $0 $0 $27,750 $28,721 $29,726 $30,767 $31,84470 300 515 thru 517 Supplies & Communications 3% $4,426 $1,000 $1,030 $1,061 $1,093 $1,126 $1,15970 300 519 Advertising 3% $0 $0 $0 $0 $0 $0 $0 70 300 525 Professional Services & Ord. Update 3% $29,959 $74,000 $76,220 $78,507 $80,862 $83,288 $85,786 Subtotal $205,113 $268,492 $307,062 $355,343 $369,352 $383,932 $399,108

WATER DISTRIBUTION
70 500 100 thur 104 Wages 4% $196,796 $305,824 $240,569 $250,192 $260,199 $270,607 $281,43270 500 310 thru 390 Employee Benefits 5% $158,750 $238,079 $172,476 $181,100 $190,155 $199,663 $209,64670 550 100 thru 390 New Operator 3.5% $0 $0 $126,000 $130,410 $134,974 $139,698 $144,588 70 500 416 Special Department Supplies 3% $10,980 $24,000 $24,720 $25,462 $26,225 $27,012 $27,82370 500 420 Maintenance and Operations 3% $36,384 $57,500 $59,225 $61,002 $62,832 $64,717 $66,658 70 500 422 & 450 Small Tools & Equipment 3% $15,011 $17,800 $18,334 $18,884 $19,451 $20,034 $20,635 70 500 4__ Short-Term Asset Replacement 3% $0 $194,512 $200,347 $206,358 $212,549 $218,925 $225,49370 500 510 thru 513 Training 3% $7,677 $7,300 $7,519 $7,745 $7,977 $8,216 $8,46370 500 515 thru 517 Office Supplies & Communications 3% $5,844 $7,300 $7,519 $7,745 $7,977 $8,216 $8,46370 500 520 Chargeback Amounts 3% $94,615 $85,594 $88,162 $90,807 $93,531 $96,337 $99,22770 500 525 Professional & Backflow Services 3% $39,568 $18,000 $18,540 $19,096 $19,669 $20,259 $20,86770 500 526 Contract Services 3% $0 $19,000 $19,570 $20,157 $20,762 $21,385 $22,02670 500 530 Insurance & claims 3% $2,265 $1,396 $1,438 $1,481 $1,525 $1,571 $1,61870 500 535 Fees - Distr bution Cert 3% $270 $1,000 $1,030 $1,061 $1,093 $1,126 $1,159 Subtotal $568,159 $977,305 $985,449 $1,021,498 $1,058,919 $1,097,766 $1,138,097

WATER SUPPLY AND TREATMENT
70 510 100 thru 104 Wages 4% $279,013 $266,637 $307,911 $320,227 $333,037 $346,358 $360,21270 510 310 thru 390 Employee Benefits 5% $195,954 $179,158 $263,699 $276,884 $290,728 $305,265 $320,52870 510 416 Special Department Supplies 3% $1,959 $4,000 $4,120 $4,244 $4,371 $4,502 $4,637 70 510 416 Outside Lab Testing 3% $3,226 $4,500 $4,635 $4,774 $4,917 $5,065 $5,21770 510 420 Maintenance and Operations 3% $31,953 $25,000 $25,750 $26,523 $27,318 $28,138 $28,982 70 510 420 Telemetry Maintenance 3% $9,811 $10,000 $10,300 $10,609 $10,927 $11,255 $11,59370 510 420 Chemicals 5% $31,964 $40,000 $42,000 $44,100 $46,305 $48,620 $51,05170 510 420 Fall Creek Pipeline & PS Maintenance 3% $12,400 $18,000 $18,540 $19,096 $19,669 $20,259 $20,86770 510 422 Small Tools 3% $2,712 $1,000 $1,030 $1,061 $1,093 $1,126 $1,15970 510 4__ Short-Term Asset Replacement 3% $0 $121,238 $124,875 $128,621 $132,480 $136,455 $140,548 286 of 416
TABLE 1
City of Yreka-Water Utility
Budgeted and Projected Expenditures
Fund Depart Code Account Description
Inflation
Factor
Actual
(FY 21-22)
Budgeted
(FY 22-23)
Budgeted
(FY 23-24)
Projected
(FY 24-25)
Projected
(FY 25-26)
Projected
(FY 26-27)
Projected
(FY 27-28)
70 510 450 Equip. & Meter Calibration 3% $4,065 $8,500 $8,755 $9,018 $9,288 $9,567 $9,85470 510 510 thru 513 Training 3% $2,775 $4,500 $4,635 $4,774 $4,917 $5,065 $5,21770 510 515 thru 517 Office Supplies & Communications 3% $14,242 $9,000 $9,270 $9,548 $9,835 $10,130 $10,43370 510 518 Electric & Propane 3% $236,495 $289,000 $297,670 $306,600 $315,798 $325,272 $335,03070 510 520 Chargeback Amounts 3% $36,328 $24,898 $25,645 $26,415 $27,207 $28,023 $28,86470 510 521 Building Maintenance 3% $2,748 $4,000 $4,120 $4,244 $4,371 $4,502 $4,63770 510 525 Professional & Legal Services 3% $24,156 $75,000 $77,250 $79,568 $81,955 $84,413 $86,946 70 510 525 FERC & EIS/EIR Prof Services 3% $338 $5,000 $5,150 $5,305 $5,464 $5,628 $5,796 70 510 526 Contractual Services 3% $0 $500 $515 $530 $546 $563 $580 70 510 530 Property Insurance 3% $66,375 $57,758 $59,491 $61,275 $63,114 $65,007 $66,95770 510 534 County Prop Taxes - Water 3% $124 $200 $206 $212 $219 $225 $232 70 510 535 Fees - State/County/Agencies 3% $14,001 $20,600 $21,218 $21,855 $22,510 $23,185 $23,881 Subtotal $970,639 $1,168,490 $1,316,785 $1,365,482 $1,416,068 $1,468,622 $1,523,221

WATER CONSERVATION (BMP)
70 520 100 thru 104 Wages 4% $5,804 $5,873 $6,149 $6,395 $6,651 $6,917 $7,193 70 520 310 thru 390 Employee Benefits 5% $4,126 $3,362 $3,830 $4,022 $4,223 $4,434 $4,655 70 520 510 Clothing & Personal Expense 3% $0 $100 $103 $106 $109 $113 70 520 515 thru 517 Supplies and Communications 3% $975 $1,100 $1,133 $1,167 $1,202 $1,238 $1,27570 520 519 Advertising 3% $0 $2,500 $0 $0 $0 $0 70 520 520 Fuel Chargeback-Fleet 3% $0 $100 $103 $106 $109 $113 70 520 525 Urban Water Management Plan 3% $1,374 $5,000 $5,150 $5,305 $5,464 $5,628 $5,796 Subtotal $12,279 $18,035 $16,468 $17,100 $17,758 $18,441 $18,920

GREENHORN RESERVOIR
70 530 100 thru 109 Wages 4% $0 $54,760 $87,762 $91,272 $94,923 $98,720 $102,66970 530 310 thru 390 Employee Benefits 5% $0 $44,955 $70,584 $74,113 $77,819 $81,710 $85,79570 530 416-450 Maintenance & Operations, Tools, Security 3% $0 $17,544 $18,070 $18,612 $19,171 $19,74670 530 4__ Short-Term Asset Replacement 3% $0 $22,700 $23,381 $24,082 $24,805 $25,549 $26,31670 530 515 thru 517 Supplies and Communications 3% $0 $360 $371 $382 $393 $405 $417 70 530 518 Water/Sewer/LFF 3% $0 $16,135 $16,619 $17,118 $17,631 $18,16070 530 834 County Property Taxes 3% $0 $897 $924 $951 $980 $1,009 70 530 520 Maintenance & Operations 3% $89,161 -$4,458 $5,000 $5,150 $5,305 $5,464 $5,628 Subtotal $89,161 $152,892 $222,711 $231,681 $241,027 $250,763 $246,817

CAPITAL PROJECTS-WATER DISTRIBUTION
71 300 650 Capitalized Equipment $0 $0 $0 $0 $0 $0 $0
71 500 100 thru 390 Wages and Benefits $34,590 $0 $0 $0 $0 $0 $0 71 500 525 & 526 Professional Services & Fees $0 $0 $0 $0 $0 $0 $0 71 500 625 HWY 3 Paving $0 $0 $0 $0 $0 $0 $0
71 500 625 Fairgrounds Water Line $0 $0 $0 $0 $0 $0 $0
71 500 625 STIP - Foothill Water Main/Lennox $0 $0 $0 $0 $0 $0 $0 E. Lennox Pipeline Replacement $0 $100,000 $0 $0 $0 $0 $0 71 500 6036-625 STIP N. Oregon PPNO2518 $0 $0 $0 $0 $0 $0 $0 71 500 6037-625 STIP S. Oregon PPNO2500 $0 $0 $0 $0 $0 $0 $0 Near-term Item Nos. 4 & 5 in
WMP
287 of 416
TABLE 1
City of Yreka-Water Utility
Budgeted and Projected Expenditures
Fund Depart Code Account Description
Inflation
Factor
Actual
(FY 21-22)
Budgeted
(FY 22-23)
Budgeted
(FY 23-24)
Projected
(FY 24-25)
Projected
(FY 25-26)
Projected
(FY 26-27)
Projected
(FY 27-28)
HWY 3 Water Project $0 $1,734,000 $0 $0 $0 $0 $0
Ongoing steel water main & service replacement $0 $0 $0 $0 $500,000 $0 $0 Water Master Plan Update $0 $0 $11,000 $11,000 $0 $0 $0 Meter Head Upgrade $0 $0 $0 $0 $0 $0 $0
City Hall Upgrade $0 $375,000 $375,000 $0 $0 $0 $0
Subtotal $34,590 $2,209,000 $386,000 $11,000 $500,000 $0 $0

CAPITAL PROJECTS-WATER SUPPLY & TREATMENT
71 510 100 thru 390 Wages and Benefits $0 $0 $0 $0 $0 $0 $0 71 510 525 Professional Services $0 $0 $0 $0 $0 $0 $0
71 510 650 Capitalized Equipment $0 $0 $0 $0 $0 $0 $0
71 510 650 thru 690 Capitalized Equip (Trucks) & Expenses $0 $0 $0 $0 $0 $0 $0 Water Supply and Storage Improvements $0 $0 $4,939,000 $0 $0 $0 $0 South Yreka Water Supply Distributuion
Improvements (Greenhorn Reservoir Intake &
Treatment)(Anticipate Grant Funding)
$0 $0 $0 $0 $32,271,000 $0 $0
71 510 625 E. Lennox: Replace Filters $0 $0 $1,016,721 $0 $0 $0 $0 71 510 625 Cathodic Protection Survey $0 $0 $0 $40,000 $0 $0 $071 510 625 Fall Creek Master Meter replacement $0 $0 $0 $0 $0 $150,000 $0 71 510 625 Fall Creek Pipeline Assessment $0 $0 $0 $0 $0 $0 $0 71 510 625 Upgrade SCADA Services $0 $0 $55,000 $0 $0 $0 $0 Supplemental Water Supply Feas bility Study(2025-
2030) $0 $0 $0 $0 $0 $43,000 $0
Alternative Water Supply $0 $0 $0 $0 $0 $0 $0
Land Acquisition Watershed Protection $0 $0 $1,500,000 $0 $0 $0 $0 Subtotal $0 $0 $7,510,721 $40,000 $32,271,000 $193,000 $0

WATER DEBT SERVICING
72 500 740 & 745 Capital Lease $86,252 $86,252 $86,252 $86,252 $28,750 $0 $072 510 740 & 745 USDA Rural Development Loan Payment (2010) $263,080 $262,986 $262,986 $262,986 $262,986 $262,986 $262,986 Subtotal $349,332 $349,238 $349,238 $349,238 $291,736 $262,986 $262,986

INTERNAL SERVICES
ICA Expense 70-000-0000-760-001 4% $274,666 $229,267 $238,438 $247,975 $257,894 $268,210 $278,938 Subtotal $274,666 $229,267 $238,438 $247,975 $257,894 $268,210 $278,938 Total Expenditures, Capital and Transfers $2,766,169 $5,631,265 $11,686,525 $4,006,215 $36,804,419 $4,338,699 $4,277,947 Capital Improvement funded by grants. City portion of rate-funded Capital Imrpovements per Water Master Plan and DIF Study.

Near-term Item No. 3 in WMPNear-term Item No. 6 in WMPNear-term Item No. 8 in WMP Portion of Long-term Item
Nos. 4 & 5 in WMP
Near-term Item No. 7 in WMP
288 of 416
TABLE 2
City of Yreka-Water Utility
Short-Lived Asset Replacement Schedule
Water Distribution
Short-Term Asset Replacement
Period
Estimated
Cost
Annual
Reserve
Computer Server 5 $5,000 $1,000
Computer Work Stations 5 $14,000 $2,800
Lab Equipment 5 $10,000 $2,000
Replace Trash Pumps and Generators 5 $3,000 $600
Utility Locate Equipment Replacement 5 $10,000 $2,000
Trench Compaction Equipment 5 $5,000 $1,000
Meter Reading Equipment 5 $30,000 $6,000
Storage Tank Dive Inspections (9 tanks @ $20,000, 2 per year) 5 $20,000 $4,000 Storage Tank Maintenance (9 tanks @ est. 1 per 5 years) 10 $300,000 $30,000 Replace Telemetry & SCADA Equipment 5 $30,000 $6,000
Vehicle (1 - Water Meter Service Truck) 5 $85,000 $17,000 Vehicle (1 - Construction Oversite Truck - 1/3 Wat. Dist., 1/3 Wat. Trmt., 1/3 WW Coll .= $60,000 total) 5 $20,000 $4,000 Chainsaws (Split 40% Wat. Dist., 40% WW Coll., 20% Gen.

Fund - 6 per 5 yrs = $8,400 total) 5 $3,360 $672
Copier (1/3 Water Dist., 1/3 WW Coll., 1/3 Gen. Fund = $20,100 total) 5 $6,700 $1,340
Chipper (Split 40% Wat. Dist., 40% WW Coll., 20% Gen. Fund = $65,000 total) 10 $26,000 $2,600
Skid Steer (Split 40% Wat. Dist., 40% WW Coll., 20% Gen. Fund = $150,000 total) 10 $60,000 $6,000
Backhoe #1 (1/3 Water Dist., 1/3 WW Coll., 1/3 Gen. Fund = $150,000 total) 10 $50,000 $5,000
Backhoe #2 (1/3 Water Dist., 1/3 WW Coll., 1/3 Gen. Fund = $150,000 total) 10 $50,000 $5,000
Vac Truck #1 (70% Water Dist., 30% Storm Wtr = $500,000) 15 $350,000 $23,333 Generators (2 Portables @ $100,000 each) 20 $200,000 $10,000 Ditch Witch 10 $75,000 $7,500
Maintenance on Booster PS Buildings 15 $50,000 $3,333
Rebuild PRV Station Valves (6 @ $10,000 = $60,000 Total) 15 $60,000 $4,000 Excavator (Split 40% Wat. Dist., 40% WW Coll., 20% Gen. Fund = $120,000 total) 15 $80,000 $5,333
5-Yd Dump Truck (Split 40% Wat. Dist., 40% WW Coll., 20% Gen. Fund = $200,000 total) 15 $48,000 $3,200
10-Yd Dump Truck (Split 40% Wat. Dist., 40% WW Coll., 20% Gen. Fund = $180,000 total) 15 $72,000 $4,800
Generator (450 kW Emergency Stationary for Serv.

Centr./Fire/Com. Centr) 20 $240,000 $12,000
North St. Booster Pump and Motor Replacement 20 $80,000 $4,000 Barham Booster Pump and Motor Replacement 20 $80,000 $4,000 State St. Booster Pump and Motor Replacement 20 $80,000 $4,000 Humbug Booster Pump and Motor Replacement 20 $80,000 $4,000 Outsen Booster Pump and Motor Replacement 20 $80,000 $4,000 Yellow Hammer Booster Pump and Motor Replacement 20 $80,000 $4,000 Subtotal Annual Cost: $194,512
289 of 416
TABLE 3
City of Yreka-Water Utility
Short-Term Asset Replacement Schedule
Water Supply Treatment
Short-Term Asset Replacement Period Estimated Cost Annual Reserve Computer Server 5 $5,000 $1,000Computer Work Stations 5 $10,000 $2,000Lab Equipment 5 $10,000 $2,000Replace Telemetry & SCADA Equipment 5 $60,000 $12,000 Vehicles (4-Wtr. Trtmt. Serv. Trks W/ Utility Beds @ $85,000 ea, Staggered Replacement Schedule) 5 $340,000 $68,000 Vehicle (1-Const. Oversight Trk - 1/3 Wtr. Dist., 1/3 Wtr. Trtmt., 1/3 WW Coll. = $60,000 Total) 5 $20,000 $4,000 Masticator Head (Split 50% Wtr. Trtmt., 50% WW Trtmt = $50,000 Total) 7 $25,000 $3,571 Chlorination Equipment Replacement 10 $60,000 $6,000Coagulant Feed Equipment Replacement 10 $25,000 $2,500Fall Creek Impellers 10 $40,000 $4,000Side-by-Side GHR (Split 50% Wtr. Trtmt., 50% GH Reservoir = $30,000) 10 $15,000 $1,500Emergency Chlorination Equipment Replacement 15 $50,000 $3,333 Maintenance on Treatment Buildings 15 $50,000 $3,333North Well Pump and Motor Replacement (Moved from Distribution) 20 $80,000 $4,000Davis Well Pump and Motor Replacement (Moved from Distribution) 20 $80,000 $4,000 Subtotal Annual Cost: $121,238
290 of 416
TABLE 4
City of Yreka-Water Utility
Short-Term Asset Replacement Schedule
Greenhorn Reservoir
Short-Term Asset Replacement Period Estimated Cost Annual Reserve GHR Small Tools 5 $7,000 $1,400Vehicle (1-GHR Service truck) 5 $85,000 $17,000Side-by-Side GHR (Split 50% Wtr. Trtmt., 50% GH Reservoir = $30,000) 10 $15,000 $1,500High Lift Mower 15 $30,000 $2,000Old Hickory Shed 15 $12,000 $800 Subtotal Annual Cost: $22,700
291 of 416
TABLE 5
City of Yreka-Water Utility
Financial Plan and Summary of Enterprise Fund
Actual
(FY 21-22)
Budgeted
(FY 22-23)
Budgeted
(FY 23-24)
Projected
(FY 24-25)
Projected
(FY 25-26)
Projected
(FY 26-27)
Projected
(FY 27-28)

STANDARD WATER RATES USED
5/8" Meter Fixed Monthly Service Charge $36.97 $38.45 $42.14 $46.19 $50.62 $55.48 $60.81 (See Table 12 for Larger Meters Charges) Percent annual increase on fixed rate 4.0% 9.60% 9.60% 9.60% 9.60% 9.60% Percent annual increase on consumption 4.0% 9.60% 9.60% 9.60% 9.60% 9.60% Single Family Consumption Rates ($/1000 gallons) Excess over 101 Gallons $2.18 $2.26 $2.48 $2.71 $2.98 $3.26 $3.57Non-Single Family Consumption Rate ($/1000 gallons) Excess over 101 Gallons $2.18 $2.26 $2.48 $2.71 $2.98 $3.26 $3.57

LOW INCOME WATER RATES
5/8"Meter Fixed Monthly Service Charge $34.97 $36.45 $40.14 $44.19 $48.62 $53.48 $58.81Consumption Rates same as Single Family

BEGINNING RESERVES AVAILABLE BALANCE
Operation and Maintenance (40% of Expenditures) $1,191,388 $843,032 $1,137,504 $1,280,851 $1,343,201 $1,393,516 $1,445,801USDA Rural Development Debt Service $300,000 $300,000 $263,000 $263,000 $349,000 $349,000 $292,000Fall Creek Emergency Repair/Replacement $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000Development Impact Fee Reserve $160,755 $696,562 $704,062 $711,562 $719,062 $726,562 $734,062Water Improvements Fund $3,656,685 $4,437,936 $3,757,994 $2,527,569 $2,363,455 $2,139,634 $2,568,040 Total Reserves $8,808,828 $9,777,531 $9,362,560 $8,282,982 $8,274,717 $8,108,711 $8,539,903

REVENUES
Fixed Service Charges $1,775,788 $1,847,000 $2,024,000 $2,218,000 $2,431,000 $2,664,000 $2,920,000Consumption Charges $1,297,482 $1,349,000 $1,479,000 $1,621,000 $1,777,000 $1,948,000 $1,948,000Collection Recoveries -$110 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000Water Set-up Fees $8,775 $13,500 $13,500 $13,500 $13,500 $13,500 $13,500Backflow Inspection & Repair $14,020 $12,000 $15,000 $15,450 $15,914 $16,391 $16,883Fire Suppression $2,767 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500Hydrant Rental $1,400 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000Fines and Penalties $27,993 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000Development Impact Fees (DIF) $535,807 $7,500 $7,500 $7,500 $7,500 $7,500 $7,500Gain on Sale of Equipt. $0 $0 $0 $0 $0 $0 $0Other-Misc Income $23,779 $0 $0 $0 $0 $0 $0Hwy 3 CDBG Receivable $1,849,795Hwy 3 Caltrans Receivable $978,725Grant Income $5,955,721 $0 $32,271,000 $0 $0Investment Earnings $47,172 $98,000 $94,000 $83,000 $83,000 $81,000 $85,000 Total Revenue $3,734,872 $5,216,295 $10,606,946 $3,997,950 $36,638,414 $4,769,891 $5,030,383

EXPENDITURES
Finance $262,230 $258,546 $353,653 $366,898 $380,666 $394,979 $409,859Public Works Administration $205,113 $268,492 $307,062 $355,343 $369,352 $383,932 $399,108Water Distribution $568,159 $977,305 $985,449 $1,021,498 $1,058,919 $1,097,766 $1,138,097Water Supply & Treatment $970,639 $1,168,490 $1,316,785 $1,365,482 $1,416,068 $1,468,622 $1,523,221Water Conservation (BMP) $12,279 $18,035 $16,468 $17,100 $17,758 $18,441 $18,920Greenhorn Reservoir $2,843,760 $89,161 $152,892 $222,711 $231,681 $241,027 $250,763 $246,817Capital Project-Water Distribution $34,590 $2,209,000 $386,000 $11,000 $500,000 $0 $0Capital Project-Water Supply and Treatment $0 $0 $7,510,721 $40,000 $32,271,000 $193,000 $0Water Debt Servicing $349,332 $349,238 $349,238 $349,238 $291,736 $262,986 $262,986Internal Services $274,666 $229,267 $238,438 $247,975 $257,894 $268,210 $278,938 Total Expenditures $2,766,169 $5,631,265 $11,686,525 $4,006,215 $36,804,419 $4,338,699 $4,277,947

YEAR END VALUES
Total Restricted and Unrestricted Cash $9,777,531 $9,362,560 $8,282,982 $8,274,717 $8,108,711 $8,539,903 $9,292,339 Total Cash Available for Capital Improvements $4,437,936 $3,757,994 $2,527,569 $2,363,455 $2,139,634 $2,568,040 $3,392,095 292 of 416
Current
Proposed
(FY23-24)
Proposed
(FY24-25)
Proposed
(FY25-26)
Proposed
(FY26-27)
Proposed
(FY27-28)
CONSUMPTION CHARGES ($/1000 GALLONS) Single Family Consumption Rates 101-10,000 Gallons $2.26 $2.48 $2.71 $2.98 $3.26 $3.57 10,001 to 35,000 Gallons $2.26 $2.48 $2.71 $2.98 $3.26 $3.57 Excess over 35,000 Gallons $2.26 $2.48 $2.71 $2.98 $3.26 $3.57 Non-Single Family Consumption Rate Excess over 101 Gallons $2.26 $2.48 $2.71 $2.98 $3.26 $3.57 METER
MONTHLY SERVICE CHARGES ($/MONTH) FACTOR 5/8" Meter (See Note 1) $38.45 $42.14 $46.19 $50.62 $55.48 $60.81 1.0 3/4" Meter $49.99 $54.78 $60.04 $65.81 $72.12 $79.05 1.3 1" Meter $57.68 $63.21 $69.28 $75.93 $83.22 $91.21 1.5 1 1/2" Meter $107.66 $118.00 $129.32 $141.74 $155.34 $170.26 2.8 2" Meter $153.80 $168.56 $184.75 $202.48 $221.92 $243.23 4.0 3" Meter $461.40 $505.69 $554.24 $607.45 $665.76 $729.68 12.0 4" Meter $692.10 $758.54 $831.36 $911.17 $998.64 $1,094.51 18.0 6" Meter $961.25 $1,053.53 $1,154.67 $1,265.52 $1,387.01 $1,520.16 25.0 8" Meter $1,345.75 $1,474.94 $1,616.54 $1,771.72 $1,941.81 $2,128.22 35.0 Note: 1. Lifeline monthly service charges are $2.00 less than shown and apply to 5/8" meter accounts, only.

TABLE 6
City of Yreka - Water Utility
Recommended Water Rates
293 of 416
TABLE 7
City of Yreka-Wastewater Utility
Budgeted and Projected Expenditures
Fund Depart Code Account Description Inflation Factor Actual (FY 21-22) Budgeted (FY 22-23) Budgeted (FY 23-24) Projected (FY 24-25) Projected (FY 25-26) Projected (FY 26-27) Projected (FY 27-28)

FINANCE
80 30 100 thru 104 Wages 4% $103,885 $100,644 $123,089 $128,013 $133,133 $138,458 $143,997 80 30 310 thru 390 Employee Benefits 5% $70,987 $75,302 $97,486 $102,360 $107,478 $112,852 $118,49580 30 100 thru 390 ACM (split 25/25/50 Water/Waste/GF) 3.5% $0 $0 $48,000 $49,680 $51,419 $53,218 $55,081 UAL Funding 2.0% $0 $0 $30,000 $30,600 $31,212 $31,836 $32,473 80 30 511 thru 513 Dues, Training and Travel 3% $93 $3,600 $3,708 $3,819 $3,934 $4,052 $4,173 80 30 515 thru 517 Supplies 3% $16,947 $21,000 $21,630 $22,279 $22,947 $23,636 $24,345 80 30 526 & 526 Professional & Contract Services 3% $52,541 $47,000 $48,410 $49,862 $51,358 $52,899 $54,486 Subtotal $244,453 $247,546 $372,323 $386,613 $401,481 $416,952 $433,050

PUBLIC WORKS ADMINISTRATION
80 300 100 thru 104 Wages 4% $98,848 $110,482 $108,377 $112,712 $117,221 $121,909 $126,786 80 300 310 thru 390 Employee Benefits 5% $67,049 $83,010 $80,636 $84,668 $88,901 $93,346 $98,01480 300 100 thru 390 PW Foreman (30% of cost) 3.5% $0 $0 $46,038 $47,649 $49,317 $51,043 $52,83070 30 100 thru 390 Planning Support (Split 25/25/50 Water/Waste/GF) 3.5% $0 $0 $37,750 $39,071 $40,439 $41,854 $43,31980 300 515 thru 519 Supplies and Advertising 3% $3,501 $1,000 $1,030 $1,061 $1,093 $1,126 $1,15980 300 525 thru 526 Professional Services & Ord. Updates 3% $26,277 $37,000 $38,110 $39,253 $40,431 $41,644 $42,893 Subtotal $195,675 $231,492 $311,941 $324,415 $337,401 $350,922 $365,000

WASTEWATER COLLECTION
80 550 100 thru 104 Wages 4% $91,082 $202,812 $210,924 $219,361 $228,135 $237,261 $246,751 80 550 310 thru 390 Employee Benefits 5% $67,040 $144,937 $152,184 $159,793 $167,783 $176,172 $184,98080 550 100 thru 390 OIT 3.5% $0 $0 $100,000 $103,500 $107,123 $110,872 $114,75280 550 416 Special Department Supplies 3% $14,589 $23,000 $23,690 $24,401 $25,133 $25,887 $26,66380 550 420 & 421 Maintenance and Operations 3% $7,580 $45,000 $46,350 $47,741 $49,173 $50,648 $52,16780 550 422 & 450 Small Tools & Equipment 3% $1,301 $7,500 $7,725 $7,957 $8,195 $8,441 $8,69580 550 426 Contract Services-SSO Sampling 3% $0 $1,000 $1,030 $1,061 $1,093 $1,126 $1,15980 550 4__ Short-Term Asset Replacement 3% $0 $121,243 $124,880 $128,627 $132,485 $136,460 $140,55480 550 510 thru 513 Clothing, Travel, Training 3% $3,598 $2,200 $2,266 $2,334 $2,404 $2,476 $2,55080 550 515 thru 517 Office Supplies & Communications 3% $4,428 $3,500 $3,605 $3,713 $3,825 $3,939 $4,05780 550 518 Electric 3% $2,102 $3,000 $3,090 $3,183 $3,278 $3,377 $3,47880 550 519 Advertising 3% $0 $0 $0 $0 $0 $0 $080 550 520 Chargeback 3% $88,440 $87,880 $90,517 $93,232 $96,029 $98,910 $101,87780 550 521 Building Maintenance 3% $112 $200 $206 $212 $219 $225 $23280 550 525 & 526 Professional & Contract Services 3% $1,862 $56,600 $58,298 $60,047 $61,848 $63,704 $65,61580 550 530 Insurance & claims 4% $3,458 $3,396 $3,532 $3,673 $3,820 $3,973 $4,13280 550 535 Fees-State/County Agencies 3% $2,031 $3,000 $3,090 $3,183 $3,278 $3,377 $3,47880 550 1027-525 Professional Services-FOG 3% $83,160 $35,000 $0 $0 $0 $0 $0 Subtotal $370,783 $740,268 $831,386 $862,016 $893,821 $926,846 $961,141

WASTEWATER DISPOSAL
80 560 100 thru 104 Wages 4% $248,096 $243,128 $282,937 $294,254 $306,025 $318,266 $330,996 80 560 310 thru 390 Employee Benefits 5% $170,654 $193,931 $230,777 $242,316 $254,432 $267,153 $280,51180 560 416 Special Department Supplies 3% $25 $3,000 $3,090 $3,183 $3,278 $3,377 $3,47880 560 416 Outside Lab Testing 3% $15,716 $30,000 $30,900 $31,827 $32,782 $33,765 $34,77880 560 416 Chemicals 5% $170,506 $165,000 $173,250 $181,913 $191,008 $200,559 $210,58680 560 420 Maintenance and Operations 3% $66,260 $57,000 $58,710 $60,471 $62,285 $64,154 $66,07980 560 420 & 421 Sludge Disposal 3% $86,473 $65,000 $66,950 $68,959 $71,027 $73,158 $75,35380 560 422 Small Tools 3% $0 $2,000 $2,060 $2,122 $2,185 $2,251 $2,31980 560 425 Professional Services 3% $0 $0 $0 $0 $0 $0 $080 560 450 Gas Detector 3% $0 $0 $0 $0 $0 $0 $080 560 4__ Short-Term Asset Replacement 3% $0 $164,238 $169,165 $174,240 $179,467 $184,851 $190,39780 560 510 thru 513 Clothing, Dues, Travel & Training 3% $1,241 $6,300 $6,489 $6,684 $6,884 $7,091 $7,30380 560 515 thru 517 Office Supplies & Communication 3% $3,636 $3,400 $3,502 $3,607 $3,715 $3,827 $3,94280 560 518 Electric & Propane 3% $136,511 $173,000 $178,190 $183,536 $189,042 $194,713 $200,55480 560 518 Water/Sewer/LFF 3% $48,631 $45,000 $46,350 $47,741 $49,173 $50,648 $52,16780 560 518 Garbage 3% -$1,885 $800 $824 $849 $874 $900 $92780 560 519 Advertising 3% $0 $300 $309 $318 $328 $338 $34880 560 520 Chargeback Amounts 3% $20,053 $20,387 $20,998 $21,628 $22,277 $22,945 $23,63480 560 521 Building Maintenance 3% 294 of 416
$3,000 $10,000 $10,300 $10,609 $10,927 $11,255 $11,593
TABLE 7
City of Yreka-Wastewater Utility
Budgeted and Projected Expenditures
Fund Depart Code Account Description Inflation Factor Actual (FY 21-22) Budgeted (FY 22-23) Budgeted (FY 23-24) Projected (FY 24-25) Projected (FY 25-26) Projected (FY 26-27) Projected (FY 27-28) 80 560 525 Professional & Legal Services 3% $784 $10,000 $10,300 $10,609 $10,927 $11,255 $11,59380 560 526 Janitorial/Custodial 3% $3,600 $3,600 $3,708 $3,819 $3,934 $4,052 $4,17380 560 530 Property Insurance 3% $44,703 $27,112 $27,925 $28,763 $29,626 $30,515 $31,43080 560 535 Fees - State/County/Agencies 3% $29,611 $28,000 $28,840 $29,705 $30,596 $31,514 $32,460 Subtotal $1,047,615 $1,251,196 $1,355,575 $1,407,152 $1,460,794 $1,516,586 $1,574,621

WASTEWATER COLLECTION CAPITAL PROJECTS
81 000 760 Interfund Transfer Out - Fund 65 $0 $375,000 $0 $0 $0 $0 $0 81 550 450 Non-Capitalized Equipment $0 $14,877 $0 $0 $0 $0 $081 550 Various Capitalized Equipment & Expenses $289,454 $110,131 $0 $0 $0 $0 $081 550 3324-625 USDA Hwy 3 Sewer ($6.1M Loan)-City Portion $0 $500,700 $0 $0 $0 $0 $081 550 6037-625 Sewer - STIP S. Oregon $0 $300,000 $0 $0 $0 $0 $0 Wastewater Collec ion System Improvements - Construction Grant $0 $5,075,000 $0 $0 $0 $0 $0 Yreka Creek Sewer Improvement Project - CWSRF Planning Grant $0 $0 $0 $500,000 $0 $0 $4,000,000 General Sewer Improvements $0 $0 $0 $0 $0 $1,066,000 $0Center St. Area Sewer Improvements $0 $0 $0 $0 $0 $1,450,000 $0Yama St. Area Sewer Improvements-Phase 2 $0 $0 $0 $0 $0 $0 $0South St. Area Sewer Improvements $0 $0 $0 $0 $0 $0 $0S. West St. Area Sewer Improvements $0 $0 $0 $0 $0 $0 $0 Aging Sewer Main Replacements (2026-2030) $0 $0 $0 $0 $0 $0 $0 Industrial Waste Permit Expense $0 $0 $10,000 $1,000 $1,000 $1,000 $1,000Wastewater Master Plan Update $0 $0 $0 $11,000 $11,000 $0 $0City Hall Upgrade $0 $0 $375,000 $375,000 $0 $0 $0 Subtotal $289,454 $6,375,708 $385,000 $887,000 $12,000 $2,517,000 $4,001,000

WASTEWATER DISPOSAL CAPITAL PROJECTS
81 560 0000-450 Non-Capitalized Equipt $0 $122,690 $0 $0 $0 $0 $0 81 560 0000-525 Professional Services $0 $191,400 $0 $0 $0 $0 $081 560 0000-650 Capitalized Equipt $0 $28,982 $0 $0 $0 $0 $0 AC Pavement Rehab at WWTP $0 $0 $0 $0 $0 $0
Overall Plant SCADA System Improvements $0 $0 $0 $0 $0 $0Install Headworks Flowmeters $0 $0 $0 $0 $0 $0Rehabilitate/Optimize Secondary Clarifiers $0 $0 $0 $0 $0 $0Rehabilitate/Expand Chlorine Contact Basin $0 $0 $0 $0 $0 $0Filtration Improvements $0 $0 $0 $0 $0 $0Digester Improvements $0 $0 $0 $0 $0 $0 Other WWTP Improvements $0 $0 $0 $0 $0 $0
Wastewater Treatment Plant Eval./Feas. Study $0 $0 $0 $0 $0 $0 $70,000 Subtotal $0 $343,072 $0 $0 $32,000,000 $0 $70,000

WASTEWATER DEBT SERVICE (INCLUDING DEBT RESERVES)
82 550 3024-740/745 2012 Sewer Improvements-USDA $206,234 $206,855 $206,855 $206,855 $206,855 $206,855 $206,855 82 550 3324-745 Banner Bank Anticipation Note $55,000 $110,000 $0 $0 $0 $0 $0 SR3/Main St. Sewer Upgrade ($6.098M Loan) $0 $0 $241,131 $193,684 $193,684 $193,934 $193,158 Subtotal $261,234 $316,855 $447,986 $400,539 $400,539 $400,789 $400,013

INTERNAL SERVICES
80 000 760 Overhead Recovery Expenses 3% $208,577 $216,530 $223,026 $229,717 $236,608 $243,706 $251,018 Subtotal $208,577 $216,530 $223,026 $229,717 $236,608 $243,706 $251,018 Total Expenditures and Transfers $2,617,791 $9,722,666 $3,927,237 $4,497,452 $35,742,644 $6,372,802 $8,055,843 Project to be funded with grant dollars. City portion of rate-funded Capital Improvements per Sewer Master Plan and DIF Study.

Shown as 2020 Improvements in the Sewer
Master Plan (Covers Item Nos. 1-9 in SMP
Table 5)
Shown in the Sewer Master Plan (Covers Item
Nos. 12,15, 19, 25, 29, & 30 in SMP Table 5)
Item No. 40 in SMP Table 5 (Cover's RatePayer's portion of cost) Enhanced improvements not discussed in the
SMP
$32,000,000
Improvements scheduled for 2026-2030 in DIF
Study (Covers tem Nos. 13,14,16-18, & 34 in
SMP Table 5)
Improvements scheduled for 2021-2025 in
Sewer Master Plan & D F Study (Covers Rate
Payer's portion of tem Nos. 33-39,41,43, & 44
in SMP Table 5.)
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TABLE 8
City of Yreka-Wastewater Utility
Short-Term Asset Replacement Schedule-Wastewater Collection Equipment Replacement Period Estimated Cost Annual Reserve Collection System
Computer Server 5 $5,000 $1,000Computer Work Stations 5 $14,000 $2,800 Vehicle, Const Oversight Truck (1/3 Water Dist., 1/3 Water Treat., 1/3 WW Coll.) 5 $20,000 $4,000Chainsaws, 6 @ $8,400, (40% Water Dist./40% WW Coll./20% GF) 5 $3,360 $672Copier, $20,100 (1/3 Water Dist., 1/3 Sewer Collect., 1/3 GF) 8 $6,700 $838Vehicle & Equipt - Replace inepction camera & dedicated van 10 $250,000 $25,000Chipper, $65,000 (40% Water Dist./40% WW Coll./20% GF) 10 $26,000 $2,600 Skidsteer, $150,000 (40% Water Dist./40% WW Coll./20% GF) 10 $60,000 $6,000 Backhoe 1, $150,000 (1/3 Water Dist., 1/3 WW Coll., 1/3 GF) 10 $50,000 $5,000Backhoe 2, $150,000 (1/3 Water Dist., 1/3 WW Coll., 1/3 GF) 10 $50,000 $5,000 Vac Truck #2 (100% Sewer Collection) 10 $500,000 $50,000 Excavator, $200,000 (40% Water Dist./40% WW Coll./20% GF) 15 $80,000 $5,333 5-Yd Dump Trk, $120,000 (40% Water Dist./40% WW Coll./20% GF) 15 $48,000 $3,200 10-Yd Dump Trk, $120,000 (40% Water Dist./40% WW Coll./20% GF) 15 $72,000 $4,800 Pump (Portable - Dri-Prime Silenced) 15 $75,000 $5,000
Total Annual Collection Short-Term Assets: $121,243
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TABLE 9
City of Yreka-Wastewater Utility
Short-Term Asset Replacement Schedule-Wastewater Disposal Equipment Replacement Period Estimated Cost Annual Reserve Proposed WWTP Equipment
Computer Server 5 $5,000 $1,000Computer Work Stations 5 $10,000 $2,000Replace Polymer Equipment 5 $20,000 $4,000Replace SCADA/Computer/Software 5 $30,000 $6,000Replace Sludge Pumps 5 $20,000 $4,000Vehicle (1 - WWTP Truck w/ Lift Gate) 5 $85,000 $17,000Flail Mower 5 $5,000 $1,000Masticator Head, $50,000 (50% Water Treat./50% WW Treat) 7 $25,000 $3,571SCADA/Telemetry (Lift Stations) 10 $30,000 $3,000 Replace Lift Station Pumps 10 $50,000 $5,000
Centrifuge Component Replacement 10 $50,000 $5,000
Replace DAF Feed Pumps & Air Compressor 10 $30,000 $3,000 Generator (Portable) 10 $100,000 $10,000
Replace (3) Effluent Pumps 10 $40,000 $4,000
Replace (4) RAS Pumps 10 $60,000 $6,000
Replace (2) Clarifier Mechanisms & Drive Motors 10 $200,000 $20,000 Maintenance on Buildings/Structures 10 $50,000 $5,000
Replace Disc Filter Screens 10 $40,000 $4,000
Replace Aeration Basin Aerators 10 $150,000 $15,000
Replace Chlorination Equipment 10 $65,000 $6,500
Headworks Screen Component Replacement 10 $15,000 $1,500 Maintenance on Lift Station Building/Structures 15 $15,000 $1,000 Generator (450 kW Stationary Standby) 15 $250,000 $16,667 Replace Digester Diffusers & Blowers 15 $200,000 $13,333 Tractor 15 $100,000 $6,667
Subtotal Annual Cost: $164,238
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TABLE 10
City of Yreka-Wastewater Utility
Financial Plan and Enterprise Fund Summary
Actual
(FY 21-22)
Budgeted
(FY 22-23)
Budgeted
(FY 23-24)
Projected
(FY 24-25)
Projected
(FY 25-26)
Projected
(FY 26-27)
Projected
(FY 27-28)

WASTEWATER RATES USED
Single Family Monthly Service Charge $49.13 $51.10 $55.95 $61.26 $67.08 $73.46 $80.44 Input: 4.0% 9.50% 9.50% 9.50% 9.50% 9.50%

ESTIMATED NUMBER OF SINGLE FAMILY CONNECTION EQUIVALENTS Beginning of Year HEs 4,845 4,845 4,845 4,845 4,845 4,845 4,845Estimated Additional HEs due to Growth - 0 0 0 0 0 0Estimated Year End HEs 4,845 4,845 4,845 4,845 4,845 4,845 4,845

BEGINNING RESERVES AVAILABLE BALANCE
Operation and Maintenance (40% of Expenditures) $1,065,372 $743,411 $988,200 $1,148,490 $1,192,078 $1,237,399 $1,284,523USDA Rural Development Debt Service $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000Development Impact Fee Reserve $411,004 $457,552 $915,104 $917,104 $919,104 $921,104 $923,104Wastewater Improvement Fund $3,898,624 $5,105,753 $4,125,565 $5,885,796 $6,357,871 $7,422,844 $6,232,624 Total Reserves $5,800,000 $6,556,715 $6,278,869 $8,201,390 $8,719,053 $9,831,346 $8,690,250

REVENUES
Fixed Service Charges $2,812,797 $2,925,309 $3,203,214 $3,507,519 $3,840,733 $4,205,603 $4,605,135Sewer Set-up Fees $8,475 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000Investment Earnings $32,363 $58,355 $55,882 $72,992 $77,600 $87,499 $77,343Other Operation Income $16,771 $3,500 $3,500 $3,500 $3,500 $3,500 $3,500Caltrans Receivable $1,658,058Anticipated Grant Reimbursement $5,075,000 $0 $500,000 $32,000,000 $0 $4,000,000Development Impact Funds for Debt (see Note 1) $46,548 $457,552 $2,000 $2,000 $2,000 $2,000 $2,000 Total Revenue $2,916,954 $8,529,716 $4,932,654 $4,096,011 $35,933,833 $4,308,602 $8,697,978

EXPENDITURES
Finance $244,453 $247,546 $372,323 $386,613 $401,481 $416,952 $433,050Public Works Administration $195,675 $231,492 $311,941 $324,415 $337,401 $350,922 $365,000Wastewater Collection $370,783 $740,268 $831,386 $862,016 $893,821 $926,846 $961,141Wastewater Treatment & Disposal $1,047,615 $1,251,196 $1,355,575 $1,407,152 $1,460,794 $1,516,586 $1,574,621Wastewater Collection Capital Projects $289,454 $6,375,708 $385,000 $887,000 $12,000 $2,517,000 $4,001,000Wastewater Disposal Capital Projects $0 $343,072 $0 $0 $32,000,000 $0 $70,000Wastewater Debt Service $261,234 $316,855 $447,986 $400,539 $400,539 $400,789 $400,013Internal Services $208,577 $216,530 $223,026 $229,717 $236,608 $243,706 $251,018 Total Expenditures $2,617,791 $9,722,666 $3,927,237 $4,497,452 $35,742,644 $6,372,802 $8,055,843

YEAR END VALUES
Total Restricted & Unrestricted Cash $6,099,163 $5,363,765 $7,284,286 $7,799,949 $8,910,242 $7,767,146 $9,332,386 Total Cash Available for Capital Improvements $5,105,753 $4,125,565 $5,885,796 $6,357,871 $7,422,844 $6,232,624 $7,797,863 Notes:

Proposed Single-Family Rate Increase:

1. To the extent that Development Impact Fees are available at that time. 298 of 416
Current
Proposed
FY 23-24
Proposed
FY 24-25
Proposed
FY 25-26
Proposed
FY 26-27
Proposed
FY 27-28
Single-Family Flat Rate per Unit $51.10 $55.95 $61.26 $67.08 $73.46 $80.44Low Income Single-Family Rate per Unit $49.10 $53.95 $59.26 $65.08 $71.46 $78.44Multi - Family Flat Rate per Unit $51.10 $55.95 $61.26 $67.08 $73.46 $80.44Non-Residential Flat Rate per HE (see Notes) $51.10 $55.95 $61.26 $67.08 $73.46 $80.44 Notes:

TABLE 11
City of Yreka - Wastewater Utility
Recommended Wastewater Rates

1. One household equivalent (HE) equals 200 gallons per day of wastewater flow, which is the estimated flow from a typical single family household.2. Non-residential HEs based on 90% of winter water consumption or available flow factors for similar type of discharges. 299 of 416

FIGURES
300 of 416

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM:

PREPARED BY:

Jason Ledbetter, City Manager
John Elsnab, Human Resources Director
AGENDA TITLE: Discussion/Possible Action – Introduction of Proposed Ordinance 875 of the City Council of the City of Yreka
Amending Chapter 2.10 – Employee Personnel System and
Chapter 2.50 - Nepotism.

MEETING DATE: September 5, 2023
Background:

Historically, the City’s Municipal Code has retained language in Chapter 2.10-Employee Personnel System and Chapter 2.50-Nepotism that assisted with providing direction and a uniform procedure for addressing personnel related matters outside of the City’s Personnel Rules. The current Municipal Code also contains many sections within the Employee Personnel System Chapter that are outdated or contain duplicate language that is superseded by a Memorandum of Understandings (MOU) or resolution with an employee bargaining group. Some of the ordinances in the Municipal Code reference language from 1972 and currently need to be amended to align with state and federal laws.

Summary:

Since October 2021, City Staff has been working on revising the City’s Personnel Policies consisting primarily of Resolution 1151 and Resolution 2371, as well as the City’s Municipal Code related to employment practices. After completing the meet and confer process with the recognized employee bargaining groups, which include the Yreka Employees’ Association (YEA), Yreka Peace Officers’ Association (YPOA), and the Yreka Management Employees’ Unit (YMEU), staff has proposed revisions to the City’s Municipal Code to update Chapter 2.10 – Employee Personnel System and Chapter 2.50 – Nepotism. The revision of the Municipal Code consists primarily of deleted language to minimize duplication and to prevent misinterpretation of current policies and practices.

The revised sections of the Municipal Code include the following:

Chapter 2.10 – Employee Personnel System
• 2.10.020 – Adoption of Personnel System
303 of 416
• 2.10.030 – Definitions
• 2.10.040 – Personnel Officer
• 2.10.050 – Personnel Board
• 2.10.060 – Duties of the Personnel board
• 2.10.070 – City Service
• 2.10.080 – Adoption and Amendments of Rules
• 2.10.090 – Appointments
• 2.10.110 – Status of Present Employees
• 2.10.140 – Right of Appeal
• 2.10.150 – Lay Off and Re-Employment
• 2.10.160 – Improper Political Activity
• 2.10.170 – Discrimination
• 2.10.180 –Right to Contract for Special Service
Chapter 2.50 – Nepotism
• 2.50.010 – Hiring of Relatives
• 2.50.020 – Waiver of Probation by Council
• 2.50.030 – Current Employees
Recommended Action:

City Staff recommends introduction of the proposed Ordinance 875 of the City Council of the City of Yreka amending Chapter 2.10-Employee Personnel System and Chapter 2.50 - Nepotism. Furthermore, following the consideration of any deliberation by the City Council, that the Ordinance be passed at a subsequent regular City Council Meeting for consideration and adoption.

Fiscal Impact:

No direct fiscal impact by amending the City’s Municipal Code Attachments:
• Copy of the City's Municipal Code with Track Changes
304 of 416
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LCW_DMS\YR020\018\12102008.v1-7/12/23
1 ORDINANCE NO. 875

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF YREKA, CALIFORNIA AMENDING CHAPTER 2.10

TO THE YREKA MUNICIPAL CODE ENTITLED
“EMPLOYEE PERSONNEL SYSTEM AND CHAPTER 2.50

NEPOTISM AND FINDING THE ORDINANCE EXEMPT

FROM CEQA
1 THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY
2 ORDAIN AS FOLLOWS:
3 Section 1. Section 2.10 Employee Personnel System and Section 2.50 4 Nepotism to Title 2, Administration and Personnel of the Yreka Municipal 5 Code is hereby amended with the following additions and deletions to read as 6 follows (additions in underline, deletions in strikethrough):
7 8 Chapter 2.10 EMPLOYEE PERSONNEL SYSTEM
9 Sections:
10 2.10.020 Adoption of personnel system.
11 This chapter is established to create an equitable and uniform procedure for addressing personnel matters; to 12 attract to municipal service the best and most competent persons available; to assure that appointments and 13 promotions of employees are based on merit and fitness; and to provide a reasonable degree of security for 14 qualified employees.
15 (Ord. 468 (part), 1972)
16 17 Section 1002.2 Sub
18 19 2.10.030 Personnel board.
20 There is created a personnel board to consist of the five members of the city council. 305 of 416
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21 The personnel board shall have the right of subpoena, the power to examine witnesses under oath, the 22 power to compel the attendance of witnesses and the power to require the production of evidence by subpoenas. 23 Subpoenas shall be issued in the name of the city and attested by the city clerk at the direction of the board. 24 Each member of the personnel board shall have the power to administer oaths to witnesses. 25 (Ord. 468 (part), 1972).
26 2.10.040 Duties of the personnel board.
27 The personnel board shall determine the order of business for the conduct of its meetings, and shall meet regularly 28 or on call of the chairman or a majority of the members of the board. A majority of the members of the board shall 29 constitute a quorum for the transaction of business. 30 The board, as provided by this chapter and by the rules, shall hear appeals submitted by any person in the 31 employ of the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, 32 or alleged violation of this chapter or the rules adopted pursuant thereto, and to certify its findings and 33 recommendations as provided in the personnel system rules. 34 (Ord. 468 (part), 1972).
35 2.10.050 Competitive Service The provisions of this chapter apply to all offices, positions and employments in the 36 competitive service of the city. The competitive service excludes the following:
37 (a) The city manager and their assistants;
38 (b) Elective officers;
39 (c) Members of appointive boards, commissions, and committees; 40 (d) All department heads;
41 (e) Persons engaged under contract to supply expert, professional, technical or any other services; 42 (f) Volunteer personnel, such as volunteer firefighters and reserve police officers; 43 (g) City attorney;
44 (h) Emergency employees who are hired to meet the immediate requirements of an emergency condition, 45 such as extraordinary fire, flood, or earthquake which threatens life or property; 46 (i) Employees, other than those listed elsewhere in this section, who are not regularly employed in 47 permanent positions, including temporary, summer help, extra help, or provisional employees; and 48 (j) Employees who are subject to a probationary period but who have not successfully completed their 49 probationary period.
50 51 2.10.060 Adoption and amendment of rules.
52 Personnel rules shall be adopted by resolution of the City Council after notice of such action has been publicly 53 posted in at least three public places designated by the City Council, and at least five days prior to City Council 54 consideration. The personnel officer shall give reasonable written notice to each recognized employee 55 organization affected by the ordinance, rule, resolution or regulation or amendment thereof proposed to be 56 adopted by the City Council. Amendments and revisions may be suggested by any interested party and shall be 306 of 416
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57 processed as provided in the personnel rules. The rules establish regulations governing the personnel system 58 including:
59 (a) Preparation, installation, revision, and maintenance of a position classification plan covering all 60 positions in the competitive service, including employment standards and qualifications for each class; 61 (b) Public announcement of all tests and acceptance of applications for employment; 62 (c) Preparation in conduct of tests and the establishment and use of resulting employment lists containing 63 names of qualified persons eligible for appointment; 64 (d) Certification and appointment of qualified persons from employment lists, in the making of provisional 65 appointments;
66 (e) Establishment of probationary periods;
67 (f) Evaluation of employees during the probationary period; 68 (g) Transfer, promotion, demotion, reinstatement, disciplinary action and lay off of employees in the 69 competitive service;
70 (h) Separation of employees from the competitive service; 71 (i) The establishment of adequate personnel records; 72 (j) The establishment of appeal procedures concerning the interpretation or application of this chapter 73 and any rules adopted hereunder.
74 (Ord. 468 (part), 1972).
75 76
77 78
79 80
81 2.10.070 Right to contract for special service.
82 The City Manager shall consider and make recommendations to the City Council regarding the extent to which the 83 City should contract for the performance of technical services in connection with the establishment or operation of 84 the personnel system. The City Council may contract with any qualified person or public or private agency for the 85 performance of all or any of the following responsibilities and duties imposed by this chapter:
86 (a) The preparation of personnel rules and subsequent revisions and amendments thereof; 87 (b) The preparation of a position classification plan, and subsequent revisions and amendments 88 thereof;
89 (c) The preparation, conduct and grading of competitive tests; 90 (d) The conduct of employee training programs;
91 (e) Special and technical services of advisory or informational character on matters relating to 92 personnel administration.
93 (Ord. 468 (part), 1972).
94 95
96 307 of 416
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97 98 Section 2. CEQA Exemption.
99 The City Council hereby finds and determines that the action taken 100 in this Ordinance does not commit the City to any action that may have a 101 significant effect on the environment. Accordingly, under the provisions of 102 § 15061(b)(3) and § 15378(b)(5) of Division 6 of Title 14 of the California 103 Code of Regulations, the CEQA Guidelines, the adoption of this ordinance 104 is not subject to the requirements of the California Environmental Quality 105 Act. The City Council directs City staff to file a Notice of Exemption 106 within five (5) days following adoption of this Ordinance with the Siskiyou 107 County Clerk.
108 Section 3. Severability. If any section, subsection, part, clause, sentence or 109 phrase of this ordinance or the application thereof is for any reason held to 110 be invalid or unconstitutional by a decision of any court of competent 111 jurisdiction, the validity of the remaining portions of this Ordinance, the 112 application thereof, shall not be effected thereby but shall remain in full 113 force and effect, it being the intention of the City Council to adopt each 114 and every section, subsection, part, clause, sentence phrase regardless of 115 whether any other section, subsection, part, clause, sentence or phrase or 116 the application thereof is held to be invalid or unconstitutional. 117 Section 4. Effective Date. This Ordinance shall take effect thirty days after 118 its passage and adoption and shall supersede any conflicting provision of 119 any City of Yreka ordinance.
120 Section 5. Implementation. The City Council hereby authorizes and directs 121 the City Manager to take any action and sign any documents necessary to 122 implement this Ordinance.
123 Section 6. Certification. The City Clerk shall certify to the passage and 124 adoption of this ordinance and shall cause the same to be published or posted 125 according to law.
126 Section 7. Inconsistencies. Any provisions of the Yreka Municipal Code, or 127 appendices thereto, or any other ordinances of the City inconsistent herewith, 128 to the extent of such inconsistencies and no further, are hereby repealed. 308 of 416
Created: 2022-10-28 15:10:16 [EST]
((yreka 10/22))

LCW_DMS\YR020\018\12102008.v1-7/12/23
129 Section 8. Codification. The City Clerk is directed and authorized to instruct 130 the publisher of the City of Yreka Municipal Code that codification of this 131 Ordinance is limited to Section 2.
132
133 Section 9. Execution. The Mayor and City Clerk are authorized to subscribe 134 this ordinance where indicated below to evidence its approval. 135 Introduced at a regular meeting of the City Council held on September 136 5, 2023 passed, approved by at least a majority and adopted at a regular 137 meeting of the City Council of the City of Yreka held on September 19, 2023 138 by the following vote:
139
140 AYES:
141 NOES:
142 ABSTAIN:
143 ABSENT:
144
145 Corey Middleton, Mayor
146 Approved as to Form: Attest:
147
148 Andrew Jared, City Attorney Rhetta Hogan, City Clerk 149
150
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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM:

PREPARED BY:

Jason Ledbetter, City Manager
John Elsnab, Human Resources Director
AGENDA TITLE: Discussion/Possible Action – Adopt Resolution 2023-44 by the City Council of the City of Yreka Adopting the Revised Personnel Polices and Procedure Manual.

MEETING DATE: September 5, 2023
Recommended Action:

Motion to Adopt Resolution 2023-44 by the City Council of the City of Yreka Adopting the Revised Personnel Polices and Procedure Manual.

Municipal Code Section 2.10.080 allows for the adoption and amendment of personnel rules and regulations by resolution of the City Council.

Background:

Historically the City’s Personnel Policies have been primarily regulated through resolutions including Resolution 1151, Resolution 2024, and Resolution 2371. These resolutions have regulated City policies for represented and unrepresented employees for employment practices such as probationary periods, corrective action, work rules, hours of labor, education reimbursement and a variety of other polices. Although some of these policies are still being practiced, the last major revision to the rules occurred on October 18, 2001, and need to be revised to maintain compliance and consistency with federal, and state law.

Summary
Staff has been working on revising the City’s Personnel Polices and Procedure Manual since October 2021, along with the City’s Municipal Code. Staff has completed the meet and confer process with the represent employee bargaining groups, and a revised policy manual is being recommend to the Council for adoption. The amended rules are intended to replace the current rules in order to implement a comprehensive policy manual for employees, officials, and volunteers to follow for personnel related matters. Following adoption of the revised Personnel Polices and Procedure Manual, Resolution 1151, 2024, and 2371, will no longer be applicable. Lastly, the revised personnel Rules, include the following Chapters:
• Chapter 100 - Introduction and General information of Rules • Chapter 200 - Equal Employment Opportunity
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• Chapter 300 - Classification Policies, and Disaster Service Worker Designation • Chapter 400 - Recruitment, Selection, and Appointment • Chapter 500 - Employment of Relatives or Spouses/Domestic Partners • Chapter 600 - Compensation and Payroll Practices
• Chapter 700 - Performance Evaluation Policies
• Chapter 800 - Leave of Absences & Public Accountability • Chapter 900 - Resignation, Job Abandonment, Layoff, and Separation • Chapter 1000 - Discipline
• Chapter 1100 - Grievances
• Chapter 1200 - Miscellaneous Policies
Fiscal Impact:

No direct fiscal impact by amending the City’s Personnel Polices and Procedure Manual Attachments:
• Copy of the City’s Personnel Polices and Procedure Manual 311 of 416
1 RESOLUTION NO. 2023-44

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

ADOPTING THE REVISED PERSONNEL POLICIES AND PROCEDURE
MANUAL
WHEREAS, Municipal Code Section 2.10.080 allows for the adoption and amendment of personnel rules and regulations by resolution of the City Council; and WHEREAS, the City’s Personnel Policies and Rules including Resolutions 1151, Resolution 2024, and Resolution 2371 need to be updated to address changes in the law, best practices, and City Operations; and
WHEREAS, the City’s has determined there is a need for a revised Personnel Policy and Procedure Manual to ensure employees, applicants, officials, and volunteers of the City are treated in a consistent manner with City policy; and WHEREAS, the City has met and conferred with all represented employee bargaining groups recognized by the City in regard to the proposed policies, procedures and rules; and
WHEREAS, following adoption of the revised Personnel Policies and Procedure Manual described herein, these policies will supersede all prior personnel rules described in Resolutions 1151, Resolution 2024 and Resolution 2371; and WHEREAS, this Council finds that the provisions and rules contained in the Memorandum of Understanding are fair and proper and in the best interests of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2. The revised Personnel Policies and Procedure Manual is hereby approved, and the City Manager or designee is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by the City Manager.

Section 3. The City Manager, the Finance Director, and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.
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2 Section 4. It is further resolved, If any section, subsection, part, clause, sentence or phrase of this Resolution or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Resolution, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.

Section 5. This resolution shall take effect immediately upon its passage.

Passed and adopted this 5th day of September 2023, by the following vote:

AYES:

NAYS:

ABSENT:
__________________
Corey Middleton
Mayor
Attest:
_____________________
Rhetta Hogan, City Clerk
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2 City of Yreka
Personnel Policies &
Procedures Manual
Passed & A
DRAFT
dopted on September 5, 2023 by Resolution 2023-44
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3 Table Of Contents
100 INTRODUCTION AND GENERAL INFORMATION RULES..................................... 9 102 Effect and Applicability of Personnel Policies................................................................ 9 102.1 No Contract Right; City Council’s Discretion to Modify These Policies.................................. 9 102.2 Applicability of Policies .................................................................................................................. 9 102.3 Conflict Between These Policies and a Memorandum of Understanding (MOU)……..……..10 102.4 Employee Acceptance of Policies and Revisions to Policies ................................................10 104 Delegation of Authority .....................................................................................................11 104.1 Delegation of Appointing and Personnel Authority to City Manager.....................................11 104.2 Retention of Personnel Authority as to Certain Personnel.....................................................11 106 Categories of Employees and Non-Employees .............................................................12 106.1 At-Will Employees ........................................................................................................................12 106.2 Probationary Employee ...............................................................................................................12 106.3 For-Cause Employee...................................................................................................................12 106.4 Full or Part-Time Employee........................................................................................................12 106.5 Temporary/Seasonal/Limited-Term/Extra-Help Employee ..................................................133 106.6 Volunteer .......................................................................................................................................13 106.7 Independent Contractor...............................................................................................................13 106.8 Members of the City Council, Commissions, or Committees…..………………….……….…………….13 200 EQUAL EMPLOYMENT OPPORTUNITY.....................................................................14 202 Equal Employment Opportunity Policy...........................................................................14 204 Policy Against Discrimination, Harassment and Retaliation; Complaint Procedure14 204.1 Purpose..........................................................................................................................................14 204.1.1 Covered Individuals and Scope of Policy .................................................................................15 204.2 Definitions......................................................................................................................................15 204.2.1 Protected Classification...............................................................................................................15 204.2.2 Protected Activity..........................................................................................................................15 204.2.3 Discrimination ...............................................................................................................................15 204.2.4 Harassment...................................................................................................................................16 204.2.4.1 Other Examples of Conduct That Might Constitute Harassment ..........................................16 204.2.5 Retaliation......................................................................................................................................17 204.3 Complaint Procedure ...................................................................................................................17 204.3.1 Proactive Approach......................................................................................................................18 204.4 Right to Report to Outside Administrative Agencies ...............................................................18 204.5 Confidentiality ...............................................................................................................................18 204.6 Responsibilities.............................................................................................................................19 206 Reasonable Accommodation and Interactive Process.................................................21 206.1 Reasonable Accommodation......................................................................................................21 206.2 Supporting Documentation or Certification...............................................................................21 206.2.1 Reasonable Medical Documentation of Disability ...................................................................21 206.2.2 Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions .................................................................................21 206.2.3 Certification of Victim Status.......................................................................................................22 315 of 416
4 206.3 Fitness for Duty Examinations....................................................................................................22 206.3.1 Applicants ......................................................................................................................................22 206.3.2 Current Employee ........................................................................................................................22 206.3.3 Role of Health Care Provider......................................................................................................23 206.3.4 Authorization for Use of Medical Information ...........................................................................23 206.3.5 Medical Information from the Employee or Applicant .............................................................23 206.4 Interactive Process.......................................................................................................................24 206.4.1 When to Initiate the Interactive Process ...................................................................................24 206.4.2 Interactive Communication .........................................................................................................24 206.4.2.1 Potential Accommodations for Applicants or Employees with Disabilities...........................25 206.4.2.2 Potential Accommodations for Those Affected by Pregnancy and Related Medical Conditions......................................................................................................................................25 206.4.2.3 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking......................................................................................................................................26 206.4.2.4 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice........................................................................................................................26 206.4.3 Determination................................................................................................................................27 206.5 Access to Medical Information Regarding Fitness for Duty ...................................................27 208 Whistleblower Protection..................................................................................................28 208.1 Policy..............................................................................................................................................28 208.2 Policy Coverage ...........................................................................................................................28 208.3 Definitions......................................................................................................................................28 208.4 Complaint Procedure ...................................................................................................................30 300 CLASSIFICATION POLICIES AND DISASTER SERVICE WORKER DESIGNATION.......................................................................................................................31 301 Classification Plan .............................................................................................................31 301.1 Classification Plan........................................................................................................................31 301.2 Reclassification.............................................................................................................................31 301.2.1 Salary on Reclassification………………………………………………………………………………………………………31 302 Disaster Service Worker Designation and Duties .........................................................32 302.1 Disaster Service Worker Designation……………………………………………………………………………………32 302.2 Duty to provide Disaster Service Response…………………………………………………………………………32 302.3 Disaster Service Worker Identification……………………………………………………………………………….…32 302.4 Disaster Service Work-Related Injuries or Illness……………………………………………………..………..32 400 RECRUITMENT, SELECTION, AND APPOINTMENT.............................................33 402 Recruitment, Selection and Appointment Policy...........................................................33 402.1 Job Announcement ......................................................................................................................33 402.2 Application Forms.........................................................................................................................33 402.3 Disqualification of Applications...................................................................................................34 402.3.1 Criminal Conviction Check..........................................................................................................34 402.4 Employment Examinations .........................................................................................................34 402.5 Eligibility Lists................................................................................................................................35 402.6 Appointments ................................................................................................................................35 402.6.1 Probationary Appointment ..........................................................................................................36 402.6.2 Probationary Period for Promotional Appointments................................................................36 402.7 Sworn Peace Officer Signing Bonus……………………………………………………………………………………..36 316 of 416
5 500 EMPLOYMENT OF RELATIVES OR SPOUSES/ DOMESTIC PARTNERS.....38 502 Employment of Relatives, Spouses, Domestic Partners..............................................38 502.1 Policy..............................................................................................................................................38 502.2 Definitions......................................................................................................................................38 502.3 Employment of Relatives ............................................................................................................38 502.4 Spouses or Domestic Partners...................................................................................................38 502.5 Waiver of Employment of Relatives, Spouse, or Domestic Partner………………….…….………...39 502.6 Marriage or Domestic Partnership After Employment ............................................................39 600 COMPENSATION AND PAYROLL PRACTICES ......................................................40 602 Work Schedules and Attendance.....................................................................................40 602.1 Work Schedules ...........................................................................................................................40 602.2 Meal Period ...................................................................................................................................40 602.3 Rest Period....................................................................................................................................40 602.4 Lactation Break Time and Location...........................................................................................40 602.4.1 Lactation Accommodation...........................................................................................................41 602.4.2 Storage of Expressed Milk ..........................................................................................................41 602.5 Advance Request for Permission to Deviate from Regular Work Hours..............................41 602.6 Notification of Unforeseen Late Arrival or Absence ................................................................41 602.7 Unauthorized Absence is Prohibited .........................................................................................42 602.8 Excessive Tardiness/Absenteeism and Abuse of Leave........................................................42 604 Work Week, Overtime and Compensatory Time Off .....................................................43 604.1 Work Week....................................................................................................................................43 604.1.1 Work Period for Fire and Police ................................................................................................. 43 604.2 Overtime ........................................................................................................................................43 604.2.1 No Remote Access or Unauthorized Presence at Work Site for Overtime-Eligible Employees.....................................................................................................................................43 604.2.2 Prior Approval Required for Overtime .......................................................................................43 604.3 Accurate Time Reporting ............................................................................................................43 604.4 No Volunteering of Work Time ...................................................................................................43 604.5 Compensatory Time Off ..............................................................................................................44 604.6 Merit Increases………………………………………………………………………………………………………………………..44 604.7 Step Increases………………………………………………………………………………………………………………………….44 700 PERFORMANCE EVALUATION POLICIES................................................................45 702 Performance Evaluations..................................................................................................45 702.1 Performance Evaluations ............................................................................................................45 702.2 Probationary Employee Performance Evaluations..................................................................45 702.3 Performance Evaluation Meeting...............................................................................................45 702.4 No Appeal Right ...........................................................................................................................45 800 LEAVE OF ABSENCES & PUBLIC ACCOUNTABILITY........................................45 802 Vacation Leave and Holidays ...........................................................................................46 802.1 Vacation Leave.............................................................................................................................46 802.2 Vacation Upon Moving from Part-Time to Full-Time...............................................................46 802.3 Vacation Cap................................................................................................................................. 46 317 of 416
6 802.4 Scheduling of Vacation Leave....................................................................................................46 802.5 Unused Vacation Leave upon Separation................................................................................47 802.6 Holidays .........................................................................................................................................47 802.7 Effect of Holiday on Vacation Leave .........................................................................................47 804 Sick Leave...........................................................................................................................48 804.1 Purposes for Sick Leave .............................................................................................................48 804.2 Terms of Sick Leave ....................................................................................................................48 806 Family and Medical Care Leaves .....................................................................................50 806.1 Statement of Policy; City Runs Leave Under the Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) at the Same Time........................................50 806.2 Definitions......................................................................................................................................50 806.3 Reasons for FMLA or CFRA Leave...........................................................................................54 806.4 Employees Eligible for Leave .....................................................................................................55 806.5 Amount of Leave ..........................................................................................................................56 806.6 Minimum Duration of Leave........................................................................................................56 806.7 Parents Both Employed by the City...........................................................................................56 806.8 Employee Benefits While on Leave...........................................................................................56 806.9 Substitution of Paid Accrued Leaves.........................................................................................57 806.9.1 Employee’s Right to Use Paid Accrued Leave During Some Categories of Family Leave ........................................................................................................................................................57 806.9.2 City’s Right to Require an Employee to Use Paid Leave When Using Family Leave........57 806.9.3 City’s Right to Require an Employee to Use FMLA/CFRA Leave at the Same Time as Other Leaves................................................................................................................................. 58 806.9.4 City’s and Employee’s Rights if an Employee Requests Accrued Leave Without Mentioning FMLA or CFRA.........................................................................................................58 806.10 Medical Certification/ Recertification .........................................................................................58 806.11 Time to Provide a Medical Certification ....................................................................................59 806.12 Consequences for Failure to Provide a Complete or Timely Certification...........................59 806.13 Personnel Officer’s Review of the Contents of Medical Certification for Employee’s Own Serious Health Condition ............................................................................................................60 806.14 Second and Third Medical Opinions for Employee’s Own Serious Health Condition........60 806.15 Intermittent Leave or Leave on a Reduced Leave Schedule.................................................60 806.16 Employee Notice of Leave..........................................................................................................61 806.17 Reinstatement Upon Return from Leave ..................................................................................61 806.18 Required Forms............................................................................................................................62 808 Leave Because of Pregnancy, Childbirth, or Related Medical Condition ..................62 808.1 Amount of Leave ..........................................................................................................................62 808.2 Notice & Certification Requirements..........................................................................................62 808.3 Compensation During Leave......................................................................................................62 808.4 Benefits During Leave .................................................................................................................62 808.5 Reinstatement...............................................................................................................................63 810 Other Leaves.......................................................................................................................64 810.1 Jury Duty Leave............................................................................................................................64 810.11 Overtime-Eligible Employees .....................................................................................................64 810.1.2 Overtime-Exempt Employees.....................................................................................................64 810.2 Other Court or Administrative Proceeding Appearances .......................................................64 810.2.1 Regarding Agency Duties ...........................................................................................................64 810.2.2 Regarding Employee-Initiated Proceedings.............................................................................64 810.2.3 Regarding Crime Victim/Victim Family Member Court Attendance Leave ..........................64 810.2.4 Regarding Crime Victim/Family Member Victims’ Rights Proceedings Leave....................65 318 of 416
7 810.3 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief.........................................................................65 810.3.1 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning..................................................65 810.4 Bereavement Leave.....................................................................................................................66 810.5 Military Leave................................................................................................................................66 810.6 School-Related Leave .................................................................................................................66 810.6.1 School or Licensed Day Care Activity Leave ...........................................................................66 810.6.2 Child Suspension Leave..............................................................................................................67 810.7 Paid Administrative Leave ..........................................................................................................67 810.8 Leave of Absence Without Pay Must Be Authorized by Law or these Policies ..................67 810.9 Industrial Injury Leave..................................................................................................................67 810.9.1 Employees Not Covered by Labor Code Section 4850..........................................................67 810.9.1.1 Coordination of Benefits ..............................................................................................................67 810.9.1.2 Accrual of Sick and Vacation Leave Continues While on Paid Leave ................................. 68 810.9.1.3 Unpaid Leave and Continuation of Health Care Benefits.......................................................68 810.9.2 Employees Covered by Labor Code Section 4850 ................................................................. 68 810.10.2.1 Coordination of Benefits after 4850 Leave ...............................................................................68 810.11 Time Off to Vote ...........................................................................................................................68 900 RESIGNATION, JOB ABANDONMENT, LAYOFF, AND SEPARATION..........69 902 Resignation, Job Abandonment, Layoff, and Separation ............................................69 902.1 Types of Separation.....................................................................................................................69 902.2 Probationary Release ..................................................................................................................69 902.3 Release of Seasonal and Temporary Employees ...................................................................69 902.4 Resignation ...................................................................................................................................69 902.5 Retirement.....................................................................................................................................70 902.6 Job Abandonment ........................................................................................................................70 902.7 Layoff..............................................................................................................................................70 902.7.1 Order of Layoffs............................................................................................................................70 902.7.2 Notification of Layoff ....................................................................................................................70 902.7.3 Displacement ................................................................................................................................71 902.7.4 Transfer..........................................................................................................................................71 902.7.5 Pre-Layoff Review........................................................................................................................71 902.8 Non-Disciplinary Separation .......................................................................................................71 902.9 Disciplinary Separation................................................................................................................71 902.10 Return of City Property................................................................................................................71 902.11 Job References/Verification of Employment ............................................................................72 1000 DISCIPLINE ............................................................................................................................73 1002 Causes for Discipline and Procedures ...........................................................................73 1002.1 Causes for Discipline...................................................................................................................73 1002.2 Types of Counseling, Reprimands and Discipline...................................................................74 1002.3 Discipline Procedures..................................................................................................................75 1002.4 Discipline Appeal Procedures.....................................................................................................77 1100 GRIEVANCES........................................................................................................................81 1102 Grievance Procedures.......................................................................................................81 1102.1 Definition of a Grievance.............................................................................................................81 319 of 416
8 1102.2 Statement of the Grievance........................................................................................................81 1102.3 Timelines .......................................................................................................................................81 1102.4 Procedures ....................................................................................................................................81 1200 MISCELLANEOUS POLICIES..........................................................................................83 1202 Personnel Files...................................................................................................................83 1202.1 Confidential City Files..................................................................................................................83 1202.2 Notification of Changes ...............................................................................................................83 1202.3 Access to Applicant or Employee Medical Information...........................................................83 1202.4 Employee Access to Personnel File..........................................................................................83 1202.5 Limitations on Access or Copying of Personnel File...............................................................84 1204 Limitations on Outside Employment...............................................................................85 1204.1 No Outside Employment Without Prior Approval.....................................................................85 1204.2 Authorization and Appeal Process.............................................................................................85 1204.3 Prohibited Outside Activities.......................................................................................................85 1204.4 Changes in Outside Employment Status..................................................................................86 1204.5 Revocation / Suspension of Outside Employment Authorization..........................................86 1204.6 Use of City Equipment Prohibited..............................................................................................86 1206 Limitations on Political Activity .......................................................................................87 1206.1 No Solicitation During Work Hours or in City Offices..............................................................87 1206.2 No Targeted Solicitation of City Officers or Employees..........................................................87 1206.3 No Political Activity in Uniform....................................................................................................87 1206.4 No Political Activity on City Property or Work Hours...............................................................87 1208 Prohibitions on Drugs and Alcohol in the Workplace ..................................................88 1208.1 Purpose and Scope......................................................................................................................88 1208.2 Drug- and Alcohol-Free Awareness Program..........................................................................88 1208.3 Prohibited Conduct.......................................................................................................................88 1208.4 Drug and Alcohol Testing............................................................................................................89 1208.5 Tobacco-Free Workplace……………………………………………………………………………………………………….89 1210 Use of City Equipment or Resources..............................................................................91 1210.1 Policy and Applicability................................................................................................................91 1210.2 Agency Equipment or Resources ..............................................................................................91 1210.3 No Expectation of Privacy...........................................................................................................91 1210.4 Appropriate Use Only -- No Misuse...........................................................................................91 1210.5 City Email Address Must be Used for City Business ..............................................................92 1210.6 Incidental Personal Use of City Communications Equipment Permitted .............................93 1210.7 Limitation on Use of Wireless Devices While Driving In Course of Employment……………..92 1212 Policy Against Violence in the Workplace......................................................................94 1212.1 Safe and Secure Workplace.......................................................................................................94 1212.2 Prohibited Behavior......................................................................................................................94 1212.3 Workplace Violence .....................................................................................................................94 1212.4 Incident Reporting Procedures...................................................................................................95 1212.5 Investigation..................................................................................................................................95 1212.6 Prevention .....................................................................................................................................95 1214 Appearance Standards......................................................................................................96 1214.1 Basis for Standards......................................................................................................................96 320 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9 1214.2 Dress Code ...................................................................................................................................96 1214.3 Tattoos ...........................................................................................................................................96 1214.4 Piercing..........................................................................................................................................97 1216 Teleworking Policy.............................................................................................................98 1216.1 Mandatory Teleworking During Exigent Circumstances.........................................................98 1216.2 Duties, Obligations and Responsibilities for Teleworking Employees..................................98 1216.2.1 General Duties, Obligations, and Responsibilities ..................................................................98 1216.2.2 Teleworking Schedule, Overtime, Leave, Benefits ................................................................. 98 1216.2.3 Space and Equipment, Information Security, Confidentiality.................................................99 1216.2.4 Miscellaneous Conditions of Teleworking ..............................................................................100 1218 Reimbursable Expenses for Teleworking Employees ................................................101 1218.1 Purpose........................................................................................................................................101 1218.2 Teleworking Expenses Subject to Reimbursement...............................................................101 1218.3 Employee Must Receive Prior Approval for Reimbursable Expenses ...............................101 1218.4 Process for Requesting Reimbursement for Teleworking Expenses Not Covered Above ......................................................................................................................................................101 1218.5 Amount of Reimbursement for One-Time and Recurring Expenses ..................................102 1220 Prohibition on Receiving Gifts………………………………………………………………………………..……..103 1220.1 Scope of Prohibition……………………………………………………………………………………………..………….…….103 1220.2 Prohibited Gifts Must Be Promptly and Graciously Returned……………………………..….…………103 1220.3 Exception to Gift Prohibition……………………………………………………………………………………….….……..103 1222 Education Reimbursement .............................................................................................104 1222.1 Policy………………………………………………………………………………………………………………………………………104 1222.2 College or University Courses……………………………………………………………………………………………..104 1222.3 Training Required to Maintain Current Position………………………………………………….………..……104 1222.4 Job-Related Seminars or Conferences…………………..………………………………………………….……….104 100 Introduction and General Information Rules
102 Effect and Applicability of Personnel Policies
102.1 No Contract Right; City Council’s Discretion to Modify These Policies These Personnel Policies do not create any contractual rights, or any express or implied employment contract between the City and the individuals covered by these Policies.

The City retains full and exclusive authority and discretion to modify these Policies at any time in accordance with the law and its Municipal Code section 2.10.060. 102.2 Applicability of Policies
These Policies apply with equal force to employees unless a particular category of employee is expressly exempted or excluded from a particular provision or provisions.

The following categories of persons who provide services to the City are not employees and are therefore not covered by these Policies: independent contractors; volunteers; 321 of 416
10 members of appointive boards, commissions, or committees; and members of the City Council.
102.3 Conflict Between These Policies and a Memorandum of Understanding (MOU)
If a provision of these Policies conflicts with any provision of a valid Memorandum of Understanding (MOU) between the City and a recognized employee organization, the MOU provision of that is in conflict supersedes the Policy. 102.4 Employee Acceptance of Policies and Revisions to Policies As a condition of employment, the City requires that each employee read and, if necessary, request clarification regarding these Policies.

Each employee must sign a statement of receipt acknowledging the following: (1) they have received a copy, or have been provided access to the Policies; and (2) they understand that they are responsible for reading and becoming familiar with the contents of the Policies, as they are currently drafted, as well as with all subsequent revisions to the Policies.
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11 104 Delegation of Authority
104.1 Delegation of Appointing and Personnel Authority to City Manager The City Council delegates to the City Manager, the authority to undertake the following duties of Personnel Officer: authorize employment; establish job responsibilities; and perform other personnel actions as to all subordinate employees in accordance with all federal and state laws and regulations, the Municipal Code Chapter 2.10, and these Policies.

The City Manager may delegate responsibility for some or all of the Personnel Officer duties to any other officer or employee of the City, or may recommend that they be performed under contract as provided in Municipal Code section 2.10.070. 104.2 Retention of Personnel Authority as to Certain Personnel The City Council retains exclusive authority over all personnel actions, as limited by these Policies, for the City Manager and the City Attorney.
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12 106 Categories of Employees and Non-Employees
106.1 At-Will Employees
An at-will employee is one who serves at the pleasure of the appointing authority, has no property right in continued employment with the City, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal. An at-will employee is not a member of the competitive service, and as defined under Municipal Code section

2.10.050, does not serve a probationary period.

At-will employees include the following employees:
(a) City Manager
(b) City Attorney
(c) Department Heads
(d) Probationary employees
(e) Part-time employees
(f) Employees designated as temporary, seasonal, limited-term, and/or extra-help 106.2 Probationary Employee
A probationary employee is an employee who is serving an initial probationary period. 106.3 For-Cause Employee
A for-cause employee is an employee who has satisfactorily completed the initial probationary period and is part of the competitive service as defined under Municipal Code section 2.10.050. A for-cause employee cannot be disciplined, except when the City has cause.

A for-cause employee has a property right in continued employment with the City, and is entitled to pre- and post-disciplinary procedural due process and evidentiary appeals in certain types of disciplinary proceedings that may result in a significant deprivation of property.
106.4 Full or Part-Time Employee
A full-time employee is an employee whose position is budgeted to work an average of at least thirty (30) hours per week.

A part-time employee is an employee whose position is budgeted to work an average of less than thirty (30) hours per week.
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13 106.5 Temporary/Seasonal/Limited-Term/Extra-Help Employee This category includes employees referred to as temporary, seasonal, limited-term, extra help, in which the employment is intended to be filled on a less than year-round basis, to cover normal vacation and sick leave or workers’ compensation, unanticipated workload, and situations involving fluctuations in staffing.
106.6 Volunteer
A volunteer is not a City employee, but is instead an individual who provides services to the City for civic or philanthropic reasons. A volunteer receives no pay or benefits other than nominal fees, reasonable benefits, and/or reimbursement of expenses, which the City, in its discretion may provide.
106.7 Independent Contractor
An independent contractor is not a City employee, and serves solely pursuant to a contract entered into by the City.
106.8 Members of the City Council, Commissions, or Committees A member of the City Council, commission, or a committee is not a City employee, and has no right to any of the benefits or protections in these Policies. 325 of 416
14 200 Equal Employment Opportunity
202 Equal Employment Opportunity Policy
The City affords equal employment opportunity for employees and applicants to all terms of employment with the City, including, but not limited to, compensation, hiring, training, promotion, transfer, discipline, and termination.

The City prohibits discrimination against employees and applicants for employment on the basis of the employee or applicant’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, or breastfeeding), gender, gender identity, gender expression, age forty (40) and over, sexual orientation, or military and veteran status, or any other basis protected by law.

Any employee, volunteer, or applicant who believes they have experienced any form of employment discrimination or abusive conduct are encouraged to report the conduct immediately by using the complaint procedures provided in these Policies, or by contacting the U.S Equal Employment Opportunity Commission (EEOC), or the California Civil Rights Department (CCRD).
204 Policy Against Discrimination, Harassment and Retaliation; Complaint Procedure
204.1 Purpose
The City is committed to preventing discrimination, harassment, and retaliation in the workplace.

The City has zero tolerance for any conduct that violates this policy. A single act by an employee may constitute a violation of this policy and provide sufficient grounds for discipline.

This policy establishes a complaint procedure by which the City will investigate and resolve complaints of discrimination, harassment, and retaliation by and against covered individuals. The City encourages all covered individuals to immediately report any conduct that they believe violates this policy.

The City expressly prohibits any retaliation against an employee because they filed or supported a complaint or because they participated in the investigation or complaint resolution process. Individuals found to have retaliated against an employee in violation of this policy will be subject to appropriate disciplinary action, up to and including termination.
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15 204.1.1 Covered Individuals and Scope of Policy
This policy governs the conduct of the following individuals: applicants for employment at the City, employees regardless of rank or title, elected or appointed officials of the City, interns, volunteers, and contractors.

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

While this policy governs the conduct of elected officials, elected officials do not receive the protections of this policy because they are not employees, nor do they conduct business in the employment setting.
204.2 Definitions
204.2.1 Protected Classification
This policy prohibits discrimination, harassment, or retaliation because of an individual’s protected classification.
“Protected Classification” includes race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, reproductive health decision making, genetic information, marital status, sex (including pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, age (40 and over), sexual orientation, or military and veteran status, or any other basis protected by law.

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

Protected activity includes, but is not be limited to, the following activity: (1) making a request for an accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this policy; (4) opposing violations of this policy; or (5) participating in an investigation under this policy. 204.2.3 Discrimination
This policy prohibits treating a covered individual differently and adversely because: of the individual’s actual or perceived protected classification; the individual associates with 327 of 416
16 a person who is or is perceived to be a member of a protected classification; or the individual participates in a protected activity as defined in this policy. 204.2.4 Harassment
This policy prohibits harassment of a covered individual because of the individual’s actual or perceived protected classification. Harassment includes, but is not limited to, the following conduct:
(a) Derogatory, offensive or inappropriate speech, such as epithets, slurs or stereotypical comments, or verbal propositions made on the basis of the individual’s protected classification. This includes, but is not limited to, comments, stories, and jokes about appearance, dress, physical features, gender identification, and race.
(b) Inappropriate physical acts, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement. This includes, but is not limited to, pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts. (c) Visual acts, such as derogatory, offensive or inappropriate, posters, cartoons, emails, pictures or drawings related to a protected classification. (d) Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment.
204.2.4.1 Other Examples of Conduct That Might Constitute Harassment Harassment includes conduct that another individual who is a member of a protected classification would find unwelcome or unwanted. Harassment may include the following:
(a) Conduct to which the recipient appears to have consented. It is no defense that an individual appeared to have consented to harassing conduct by failing to complain or protest. A recipient may not protest or complain for many legitimate reasons, including, but not limited to, the need to avoid being perceived as insubordinate or to avoid being ostracized or subjected to retaliation.
(b) Conduct that no one has complained about before. The fact that no employee previously complained about the same or similar conduct does not mean that the conduct is appropriate. An individual can still complain about that conduct in the future.
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17 (c) Conduct an individual either witnesses or learns about later. Visual, verbal, or physical conduct between two people who do not find such conduct to be offensive or inappropriate may be harassment of a third person who witnesses the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual. (d) Conduct can be harassment even if the individual has no intention to harass. Even well-intentioned conduct (e.g., gifts, over-attention, endearing nicknames, hugs) may be harassment if the conduct is directed at, or implicates a protected classification, and if the individual finds the conduct inappropriate or offensive. 204.2.5 Retaliation
Retaliation occurs when an employer or person takes adverse action against a covered individual because of the individual’s protected activity as defined in this policy. “Adverse action” may include, but is not limited to, the following actions: (1) unwarranted disciplinary action; (2) counseling; (3) taking sides because an individual has reported harassment or discrimination; (4) spreading rumors about a complainant, or about someone who supports or assists the complainant, or who participates in the investigation; (5) shunning or avoiding an individual who reports harassment or discrimination; or (6) making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination. 204.3 Complaint Procedure
A covered individual who believes they have been subjected to discrimination, harassment or retaliation may make a complaint, either orally or in writing, to any supervisor, manager, their Department Head or to the Personnel Officer, without regard to any chain of command.

Any supervisory or management employee who receives a complaint should immediately notify the Personnel Officer. Upon receiving notification of a complaint regarding discrimination, harassment or retaliation, the Personnel Officer or designee will complete and/or delegate the following steps:
(a) Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with: (1) the complainant; (2) the accused (i.e., the subject of the investigation); (3) witnesses to the conduct at issue in the complaint; and (4) other persons who have relevant knowledge concerning the allegations in the complaint. The investigator will assess the credibility of each person interviewed.
(b) Review, assess, analyze, and document all relevant factual information gathered during the investigation to determine whether the alleged conduct violated the policy. Give consideration to all of the circumstances, including the nature and context of the alleged conduct. Prepare a summary report that documents the 329 of 416
18 investigation process and that makes a good faith determination as to what alleged conduct occurred.
(c) Review the report and determine whether the conduct violated this policy. (d) If conduct in violation of this policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be to commensurate with the severity of the offense.
(e) Notify the complainant when the investigation has concluded. If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant.
(f) Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.

If the City Manager is accused, or a witness to the events at issue, the City Attorney will complete and/or delegate these steps. If the Personnel Officer is accused, or a witness to the events at issue, the City Manager or the City Attorney will complete and/or delegate these steps.
204.3.1 Proactive Approach
The City takes a proactive approach to potential policy violations and will conduct an investigation if its supervisory or management employees become aware that harassment, discrimination or retaliation occurred or may be occurring, regardless of whether the recipient or third party reports a potential violation. 204.4 Right to Report to Outside Administrative Agencies A covered individual possesses the right to report workplace harassment, discrimination or retaliation to the EEOC and/or the CRD.

These administrative agencies provide a complaint process as well as certain legal remedies where the applicable agency determined that a violation of the law occurred.

The nearest EEOC and CRD offices are listed on the internet. Employees may also check the posters that are located on City bulletin boards for EEOC and CRD office locations and telephone numbers.
204.5 Confidentiality
The City will make every effort to assure the confidentiality of complaints made under this policy to the greatest extent allowed by law. However, complete confidentiality may not be possible because of the City’s need to investigate the complaint and the due process rights, if any, of the individual who is the subject of the complaint. 330 of 416
19 The City expressly prohibits an employee who is interviewed during the course of an investigation from attempting to influence other employees, including employees who may have witnessed the underlying conduct at issue, while the investigation is open and ongoing. An employee may discuss their interview with a designated representative from the employee’s employee organization and/or the employee’s legal representative.

The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
204.6 Responsibilities
(a) Each non-supervisor or non-manager is responsible for the following:
1) Treating all individuals in the workplace or on City worksites with respect and consideration.
2) Modeling behavior that conforms to this policy.
3) Participating in periodic trainings on appropriate workplace conduct. 4) Cooperating with the City’s investigations pursuant to this policy by responding fully and truthfully and in a timely manner to all questions posed during the investigation.
5) Taking no actions to influence the complainant or any potential witness while the City’s investigation is ongoing.
6) Reporting any act they believe in good faith constitutes harassment, discrimination or retaliation as defined in this policy, to their immediate supervisor, manager, Department Head, or the Personnel Officer. (b) In addition to the responsibilities listed above, each manager and supervisor is responsible for:
1) Informing, assisting, and/or advising employees under their supervision of this policy.
2) Taking all steps necessary to prevent harassment, discrimination and, retaliation from occurring, including, but not limited to, monitoring the work environment and taking immediate and appropriate action to stop violations (e.g., removing inappropriate pictures or correcting inappropriate language). 3) Receiving and responding to complaints in a uniformly fair and serious manner. 4) Documenting the steps taken to resolve such complaints. 331 of 416
20 5) Following up with those who have complained to ensure that the conduct has stopped and that there have been no reprisals, retaliation, or threats of reprisals or retaliation.
6) Informing those who complain of their option to contact the EEOC or CRD and file a complaint about such activity.
7) Assisting in the investigation of complaints involving subordinate employee(s). 8) If a complaint is substantiated, assisting in the development of a recommendation concerning an appropriate corrective or disciplinary action. 9) Implementing appropriate corrective or disciplinary actions. 10) Immediately reporting potential violations of this policy to the Personnel Officer, regardless of whether an employee complained about such conduct. 11) Participating in periodic training regarding appropriate workplace conduct and scheduling employees for training.
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21 206 Reasonable Accommodation and Interactive Process 206.1 Reasonable Accommodation
Absent undue hardship or direct threats to the health and safety of employee(s), the City provides employment-related reasonable accommodations to the following employees and applicants for employment:
(a) Qualified individuals with disabilities, both applicants and employees, to enable them to perform essential job functions; and
(b) Employees with conditions related to pregnancy, childbirth, or a related medical condition, if they request, and with the advice of their health care provider; and (c) Employee victims of domestic violence, sexual assault, or stalking to promote the safety of the employee victim while at work; and
(d) Employees who request reasonable accommodation to address a conflict between religious belief or observance and any employment requirement. 206.2 Supporting Documentation or Certification
206.2.1 Reasonable Medical Documentation of Disability
The City requires reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation, along with the name and credentials of the individual’s health care provider. If the individual provides insufficient documentation, the City will do the following: (1) explain why the documentation provided is insufficient; (2) allow the employee or applicant to supplement the documentation in order to remedy the issue; and (3) pursue the interactive process only to the extent that the request for reasonable accommodation is supported by the medical documentation. 206.2.2 Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions If a pregnant employee, or an employee with a pregnancy-related condition, requests a reasonable accommodation or transfer due to pregnancy, the City will provide the employee with notice of the need for a medical certification within two (2) business days after the employee’s request for accommodation. A medical certification confirming the need for a reasonable accommodation, including transfer, is sufficient if it contains: (1) a description of the requested accommodation or transfer; (2) a statement describing the medical advisability of the accommodation or transfer due to pregnancy; and (3) the date that the need for the accommodation or transfer will become necessary and the estimated duration of the accommodation or transfer.
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22 206.2.3 Certification of Victim Status
An employee who is a victim of domestic violence, sexual assault, or stalking who requests an accommodation to provide for their safety while at work must provide both of the following:
(a) A written statement signed by the employee or an individual acting on the employee’s behalf, to certify that the accommodation is to address victim-safety concerns while at work; and
(b) Documentation demonstrating the employee’s status as a victim of domestic violence, sexual assault, or stalking, which can be in the form of: a police report indicating the employee’s victim status; a court order separating the perpetrator from the employee or that the employee has appeared in court for that purpose; or documentation from a medical professional or counselor that the employee is undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, or stalking.
206.3 Fitness for Duty Examinations
206.3.1 Applicants
After the City makes a conditional offer of employment to an applicant, the City may require the applicant to submit to a fitness for duty examination that is job-related, necessary for efficient City operations, and required of all applicants for the job classification. The City will notify an applicant or employee of their rights to: obtain a second opinion at their expense; and submit that second opinion to the City for consideration.
206.3.2 Current Employee
The Personnel Officer may require an employee to submit to a fitness for duty examination in order to determine whether the employee has a disability and is able to perform the essential functions of their job when there is significant evidence of the following:
(a) The employee’s ability to perform one or more essential functions of their job has declined; or
(b) Events have occurred that cause a reasonable person to question whether an employee is still capable of performing one (1) or more of their essential job duties, or is still capable of performing those duties in a manner that does not harm themselves or others.
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23 206.3.3 Role of Health Care Provider
The City may request the applicant’s or employee’s health care provider to conduct a fitness for duty exam on the applicant or employee, or may request a City-selected health care provider to do so at the City’s expense. The City will allow an employee paid time off to attend the exam. The City will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the job. The examination will be limited to determining whether the applicant or employee can perform the essential functions of their position and any work restrictions and/or functional limitations that apply to the applicant or employee. The health care provider will examine the employee and provide the City with non-confidential information regarding whether:
(a) The applicant or employee has a disability within the meaning of the Civil Rights Department (CRD);
(b) The applicant or employee is fit to perform essential job functions; (c) Workplace restrictions or functional limitations apply to the applicant or employee, and the duration of the work restrictions or functional limitations; (d) There are any reasonable accommodations that would enable the employee to perform essential job functions; and
(e) The employee’s continued employment poses a threat to the health and safety of themselves or others.

Should the health care provider exceed the scope of the City’s request and provide confidential health information, without valid consent of the applicant or employee, the City will return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City has requested. 206.3.4 Authorization for Use of Medical Information
During the course of a fitness for duty examination, the City will not seek or use information regarding an employee’s medical history, diagnoses, or course of treatment without an employee’s written authorization.
206.3.5 Medical Information from the Employee or Applicant If an employee or applicant submits medical information to the City from their own health care provider, the Personnel Officer will not forward that information on to the health care provider who conducted the examination for the City, without the employee or applicant’s written authorization.

Upon receipt of the written authorization, the Personnel Officer will request the City-paid health care provider to determine whether the information alters the original fitness for duty assessment.
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24 206.4 Interactive Process
206.4.1 When to Initiate the Interactive Process
The Personnel Officer will initiate the interactive process when:
(a) An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodation(s);
(b) The City otherwise becomes aware of the need for an accommodation through a third party (e.g., a doctor’s note requesting an accommodation), or by observation of the employee’s work;
(c) The City becomes aware of the possible need for an accommodation because the employee with a disability has exhausted workers’ compensation leave, Family and Medical Act leave, or other leave rights, but the employee and/or the employee’s health care provider indicate that further accommodation is still necessary;
(d) An employee disabled by pregnancy, childbirth or related medical conditions requests a reasonable accommodation or transfer based on the advice of their health care provider;
(e) An employee with a physical or mental disability, regardless of cause, fails to return to work following disability leave;
(f) An employee-victim of domestic violence, sexual assault, or stalking requests a reasonable accommodation(s) for their safety at work;
(g) An employee requests an accommodation to address a conflict between religious belief, observance, or practice and any employment requirement; or (h) An employer is aware of the need for a reasonable accommodation for an employee’s or applicant’s religious beliefs, observance, or practices. 206.4.2 Interactive Communication
If the need for an interactive process meeting is triggered, the Personnel Officer will promptly arrange for a meeting, in person or via telephone call, with the applicant or employee and their representative. The purpose of the interactive communications will be to discuss in good faith all potential reasonable accommodations. The Personnel Officer will document these communications in writing.
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25 206.4.2.1 Potential Accommodations for Applicants or Employees with Disabilities
Depending on the facts of each case, the interactive process analysis will generally begin with a review of possible reasonable accommodations that would enable the individual to retain their current job. The process will generally then move on to possible reasonable accommodations in other vacant jobs, for which the individual is qualified, if there is no reasonable accommodation in the current job that does not cause undue hardship, or that does not present a risk of harm to the individual or others. The City will consider accommodations that the applicant or employee suggests, but has the right to select and implement any reasonable accommodation that it deems effective. The range of potential reasonable accommodations includes, but is not limited to, the following:
(a) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities, including, but not limited to, the following: purchase or modification of equipment or devices; adjustment or modifications of examinations, training materials or policies; and/or the use of qualified readers or interpreters; (b) Job restructuring;
(c) Part-time or modified work schedules;
(d) Paid or unpaid leave of absence of a finite duration that is likely to enable the employee to return to work at the end of the leave;
(e) Preferential consideration to reassignment to a vacant, comparable position for which the individual is qualified, except when such preference would violate a bona fide seniority system;
(f) Reassignment to a vacant lower-paid position if there is no funded, vacant comparable position for which the individual is qualified for; or (g) Reassignment to a temporary position, if the individual agrees. 206.4.2.2 Potential Accommodations for Those Affected by Pregnancy and Related Medical Conditions
Depending on the facts of each case, the interactive process will attempt to identify and implement a reasonable accommodation that is consistent with the medical certification applicable to the applicant or employee. Whether an accommodation is reasonable is a case-by-case analysis that takes into account several factors, including, but not limited to: the individual’s medical needs; the duration of the needed accommodation; and the employer’s legally permissible past and current practices. The range of potential accommodations includes, but is not limited to, the following:
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26 (a) Transfer to a less strenuous or hazardous position for the duration of the pregnancy;
(b) Change in or restructuring of work duties, such as modifying lifting requirements; (c) Providing more frequent breaks;
(d) Providing seating;
(e) Time off for medical appointments; and
(f) Transfer temporarily to a job with equivalent pay and benefits that the employee is qualified to perform in order to accommodate reduced work schedule or intermittent leave. However, a reduction in work hours may be considered a form of pregnancy disability leave and deducted from the employee’s four (4) month pregnancy disability leave entitlement.
206.4.2.3 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking
Depending on the facts of each individual case, the interactive process analysis will review all possible accommodations that would enhance the safety of the employee victim at work. In determining what accommodation is reasonable, the City will consider the exigent circumstance or danger facing the employee. The City will consider the preferences of the employee to be accommodated, but has the right to select and implement any accommodation that it deems effective. The range of potential safety measure accommodations includes, but is not limited to, the following:
(a) Transfer, reassignment, modified schedule;
(b) Change in work telephone number;
(c) Change in location of work station;
(d) Installation of locks;
(e) Assistance in documenting domestic violence, sexual assault, stalking, or a crime that occurs in the workplace;
(f) The implementation of a safety procedure(s);
(g) Adjustment to job structure, workplace facility, or work requirement; and (h) Referral to a victim assistance organization.
206.4.2.4 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice
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27 Depending on the facts of each case, the interactive process analysis will review all possible accommodations that would resolve the conflict between the religious belief or observance and any employment requirement. The City will consider the preference of the employee or applicant, but has the right to select and implement any accommodation that it deems effective. The range of potential accommodations includes, but is not limited to, the following:
(a) Job restructuring or job reassignment (but not segregation from other employees or the public);
(b) Modification of work practices, including dress or grooming; and (c) Allowing time off in an amount equal to the amount of non-regularly scheduled time the employee has worked in order to avoid a conflict with their religious observance.
206.4.3 Determination
After the interactive process communications, the Personnel Officer will review the information received, and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or employee has suggested have been considered; whether additional discussions with the applicant or employee would be helpful; whether the applicant’s or employee’s preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming themselves or others; and if the accommodations would pose an undue hardship on City finances or operations. The Personnel Officer will inform the applicant or employee of their determination in writing. The Personnel Officer will use their discretion based upon the particular facts of each case.
206.5 Access to Medical Information Regarding Fitness for Duty Medical records and information regarding fitness for duty, or the need for an accommodation, will be maintained separately from non-medical records and information.

Medical records and information regarding fitness for duty and the need for accommodation will be accessible only by the Personnel Officer, the City’s legal counsel, first aid and safety personnel in case of emergency, and supervisors who are responsible for identifying reasonable accommodations. Medical records and information contained may be released pursuant to federal and state law.
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28 208 Whistleblower Protection
208.1 Policy
The City prohibits the following conduct by employees:
(a) Taking any retaliatory adverse employment action against an employee because the employee has or is believed to have disclosed information to any government or law enforcement agency, including to the City, as long as the employee has reasonable cause to believe that the information discloses a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation;
(b) Preventing an employee from disclosing information to a government agency, including to the City, if the employee has reasonable cause to believe that the information discloses a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; (c) Retaliating against an employee for refusing to participate in any activity that would result in a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; and
(d) Retaliating against an employee because the employee’s family member has, or is perceived to have engaged in any of the protected activities listed in (a)-(c) above.
208.2.1 Policy Coverage
This policy governs and protects employees and applicants for employment. 208.3 Definitions
“Protected activity” means any of the following activities:
(a) Filing a complaint with a federal or state enforcement or administrative agency that discloses any information that the employee has reasonable cause to believe violates federal or state law or a violation or noncompliance with a local, state, or federal rule or regulation;
(b) Participating in or cooperating in good faith with a local, federal or state enforcement agency that is conducting an investigation in to alleged unlawful activity;
(c) Testifying in good faith and with reasonable cause as a party, witness, or accused regarding alleged unlawful activity;
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29 (d) Associating with another covered individual who is engaged in any of the protected activities enumerated here;
(e) Making or filing in good faith and with reasonable cause an internal complaint with the City regarding alleged unlawful activity;
(f) Providing informal notice to the City regarding alleged unlawful activity; (g) Calling a governmental agency’s “whistleblower hotline” in good faith; (h) Filing a written complaint that the City has engaged in gross mismanagement, a significant waste of public funds, or a substantial and specific danger to public health or safety; and
(i) Refusing to participate in any activity that the employee reasonably believes would result in a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation.
“Adverse action” means, but is not limited to, the following actions:
(a) Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of actual or potential protected activity; (b) Refusing to hire an individual because of actual or potential protected activity; (c) Denying promotion to an individual because of actual or potential protected activity; (d) Taking any form of disciplinary action because of actual or potential protected activity;
(e) Extending a probationary period because of actual or potential protected activity; (f) Altering work schedules or work assignments because of actual or potential protected activity;
(g) Condoning hostility and criticism of co-workers and third parties because of actual or protected activity;
(h) Spreading rumors about a person because of that person’s actual or perceived protected activity; and
(i) Shunning or unreasonably avoiding a person because of that person’s actual or perceived protected activity.
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30 208.4 Complaint Procedure
An applicant or employee who feels they have been retaliated against in violation of this policy should immediately report the conduct according to the complaint procedure in the City’s policy against discrimination, harassment, or retaliation so that the complaint can be resolved fairly and quickly. Supervisors and managers have the same responsibilities as defined in the policy against discrimination, harassment, or retaliation. 342 of 416
31 300 Classification Policies and Disaster Service Worker Designation 301 Classification Plan
301.1 Classification Plan
The Human Resources Director ascertains and records the duties and responsibilities of positions in the competitive service. After consulting with affected Department Heads, the Human Resources Director recommends a classification plan and job classifications. The plan and any revisions become effective upon approval of the City Manager.

Following the approval of the classification plan, the Human Resources Director allocates every position in the competitive service to one (1) of the classifications established by the plan.

When a new position in the competitive service is created, that position may not be filled, until the classification plan has been amended to provide for the new position. 301.2 Reclassification
The Human Resources Director may initiate a job audit to determine whether the duties of a position in the competitive service have changed to such an extent that the changes necessitate reclassification of the position from the existing classification to a more appropriate classification. Upon completion of the job audit, the Human Resources Director makes a recommendation regarding reclassification to the City Manager Reclassification is not used for the purpose of avoiding restrictions concerning demotions or promotions.
301.2.1 Salary on Reclassification
If an employee’s position is reclassified, the employee’s salary is determined as follows:
(a) Same Range: If the position is reclassified to a class that is allocated to the same salary range, the salary does not change.
(b) Higher Range: If the position is reclassified to a class which is allocated to a higher salary range, the employee will be assigned to the Step nearest their current salary that does not result in a loss of pay.
(c) Lower Range (Y-rating): If a position is reclassified to a class that is allocated to a salary range that is lower than the incumbent employee is receiving, the incumbent employee’s salary remains the same until a salary step in the range assigned to the reclassified position equals or exceeds the incumbent’s rate of pay. 343 of 416
32 302 Disaster Service Worker Designation and Duties
302.1 Disaster Service Worker Designation
Employees are designated as Disaster Service Workers (DSW). In the event of a declaration of emergency, any DSW may be assigned to perform activities either within or outside their regular scope of duties for the purpose of promoting the protection of public health and safety, or the preservation of life or property.

Employees performing DSW duties are considered to be acting within the scope of DSW duties while assisting the City or any other governmental entity during a declared emergency, or performing any act contributing to the protection of life or property, or mitigating the effects of an emergency.
302.2 Duty To Provide Disaster Service Response
If you are at work when a City-wide emergency is declared, ensure the safety of your family in the emergency response area, and then report immediately to your department supervisor or a department designated meeting area pursuant to your department’s disaster plan. If your department has not designated a meeting area, go to your department or City Emergency Operations Center (Police Station).

If you are at home when a City-wide emergency is declared, first ensure the safety of yourself and your family, then follow your department’s emergency plans and/or DSW reporting instructions.

If you are at home and it is unsafe for you to commute to work, you are required to report as applicable to the nearest public agency other than Yreka, and offer DSW assistance.

As soon as telephone or text communications can occur, report your location and status to your Yreka supervisor or designee. Once you are able to respond to Yreka, follow check out procedures with the public agency you have been assisting, so you have proof of your DSW work hours so Yreka can pay you for the time worked. 302.3 Disaster Service Worker Identification
Whether you are working within the City of Yreka or with another public agency, you must wear clothing or equipment that can be seen at all times that identifies that you are working as a DSW.
302.4 Disaster Service Work-Related Injuries or Illness Work related injuries while working as a DSW must be reported immediately to the employee’s supervisor and handled through the City’s Workers’ Compensation. 344 of 416
33 400 Recruitment, Selection, and Appointment
402 Recruitment, Selection and Appointment Policy
402.1 Job Announcement
The Human Resources Director prepares job announcements for requested recruitments.

A proposed recruitment can be for: a vacancy; or for an advance hire. An “advance hire” is one that is made: pending a retirement or separation if there is a necessity to hire and train a replacement employee prior to the departure of the existing employee; or to backfill for an employee on an extended leave who is not expected to resume full duties for an extended period. The job announcement may be posted on the City’s website, City bulletin boards, and other locations the Human Resources Director deems appropriate, depending upon whether the recruitment is open to the public or current employees only.

The announcement will include the following:
(a) The title and pay for the position;
(b) The nature of the work to be performed and essential job duties of the position; (c) The minimum qualifications, including whether the job is a promotional position; (d) A statement of the employment status of the position – for cause or at-will; (e) The last date that the Human Resources Director will accept applications; (f) The time, place, and type of the examination, if known, and if a medical examination, and/or a drug screen will be required following a conditional offer of employment; and

(g) Other information as determined in the discretion of the Human Resources Director.
402.2 Application Forms
Job applications require information describing an individual’s training, experience, and other pertinent information as the Human Resources Director determines is necessary to assess qualifications for the job. Applicants may be required to provide supplementary information, including, but not limited to, the following: answers to job-related questions; resume; licenses; certifications; diplomas; letters of recommendation; and references.

Applications must be completed in full and signed, physically or electronically, by the person applying. The Human Resources Director will not process any application which is not fully completed and signed. Should an applicant be appointed to a position, the supplemental information becomes a part of the individual’s permanent employment records.
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34 402.3 Disqualification of Applications
The Human Resources Director may reject any application that is not properly completed, incomplete, received after the application deadline, or indicates that the applicant does not meet the minimum qualifications for the position. Whenever an applicant is rejected, notice of the rejection will be emailed to the applicant. 402.3.1 Criminal Conviction Check
After the City makes a conditional offer of employment, the Human Resources Director may then request information about criminal convictions, except for misdemeanor marijuana-related convictions that are over two (2) years old, or convictions that have been judicially sealed, eradicated, or expunged. Unless required by law, the City will not deny employment to any applicant solely because they have been convicted of a crime.

The City will consider the nature, date and circumstances of the offense, evidence of rehabilitation, as well as whether the offense is relevant to the duties of the position. This policy does not apply to applicants for public safety jobs. 402.4 Employment Examinations
(a) The Human Resources Director will determine the manner and methods of administering employment examinations for initial or promotional positions.

Examinations may consist of: written tests; oral tests; performance tests; evaluations of prior training and performance, experience and/or education; interviews; working style assessments; practical exercises or training; review of work samples; or any combination of these. Examinations will be job-related and designed to test knowledge, skills or abilities of the job duties. (b) The content of examinations will be kept confidential prior to the administration of the examination. Applicants who are invited to the examination will be notified of the type(s) of the examination.
(c) An applicant with a disability may request accommodation in an examination process. Following receipt of a request for accommodation, the Human Resources Director may require additional information, such as reasonable documentation of the existence of a disability.
(d) Failure in one part of the examination, or the failure to meet established standards described in the job announcement, may be grounds for declaring an applicant as failing in the entire examination, or as disqualified for subsequent parts of an examination. Applicants will be notified by email whether they will continue in the examination process.
(e) Applicants who meet the minimum qualifications and pass examinations may be subject to a background, credit check as allowed by law, and/or reference check. 346 of 416
35 402.5 Eligibility Lists
(a) After completion of an open or promotional examination for a classification, the Personnel Officer may prepare an eligibility list consisting of the names of candidates who passed the examination. Eligibility lists become effective upon the certification by the Personnel Officer. The Personnel Officer has discretion to determine the duration of an employment list, based upon the number of persons on the list, the duration of the probationary period of the position, or the relative qualifications of the persons on the list.
(b) A person appearing on an eligibility list will be emailed notice of their placement on the list and the duration of the list.
(c) A person placed on an eligibility list will be removed from the list if they request in writing or fails to respond to notification of an opening within five (5) days after notification. It is the responsibility of the eligible person to keep the Personnel Officer informed of their current email address and phone number. 402.6 Appointments
(a) The Personnel Officer makes all appointments except for those classifications that report to the governing body. The City Council makes appointments for those classifications that report to it.
(b) The Personnel Officer has discretion to decide in what manner a vacancy is filled.

Vacancies may be filled by reinstatement, promotion, transfer, demotion, appointment of temporary/seasonal employees, or from an appropriate eligibility list if available.
(c) When a position is to be filled from a promotional or open eligibility list, the Personnel Officer may choose from the specified list one of the top three (3) candidates on an eligibility list. If no person among the top three (3) candidates indicates a willingness to accept the appointment, the Personnel Officer may make the appointment from among the remaining names on the eligibility list, may request a new examination and establish a new eligibility list, or may fill the position by any other method authorized by these Policies.
(d) Appointment to certain positions may be made contingent upon the applicant/employee passing a drug/alcohol test, and/or a job-related medical and/or psychological examination. Tests or examinations are only required after a conditional offer of employment has been made. (See Policy 206, Reasonable Accommodation and Interactive Process; and Policy 1208, Prohibitions on Drugs and Alcohol in the Workplace.)
(e) The person accepting appointment reports to the Personnel Officer or designee on the date designated by the Human Resources Director. Otherwise, the applicant is deemed to have declined the appointment.
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36 402.6.1 Probationary Appointment
(a) At-Will Status: The probationary period is part of the examination process and is used to determine whether work performance or work-related behavior meets the required standards of the position. A probationary employee may be released at any time during the probationary period with or without cause or reason, without notice or appeal or grievance, and without any rights set forth under Policy 1002, Causes for Discipline and Procedures. The probationary employee will be notified prior to the expiration of the probationary period that they have been released from probation.
(b) Length of Probation: Unless otherwise specified by memorandum of understanding or these Policies, the probationary period is twelve (12) months of actual and continuous service from the date of hire. The probationary period is automatically extended by the length of any absence of one workweek or more. If the Human Resources Director determines that the designated initial probationary period does not allow sufficient time to thoroughly evaluate the employee’s performance, the probationary period may be extended for a specific period. Upon successful completion of the probationary period, the employee earns regular status in the classification.
402.6.2 Probationary Period for Promotional Appointments (a) If an employee fails to satisfactorily complete the promotional probationary period, the employee may opt to return to the position and step held immediately prior to promotion without appeal and without any rights described in Policy 1002, Causes for Discipline and Procedures.
(b) Length of Probation: On accepting a promotion, or a position with a different classification, an employee serves a new probationary period of twelve (12) months of actual and continuous service from their date of promotion. The probationary period is automatically extended by the length of any absence of a week or more. Upon successful completion of the probationary period, the employee earns regular status in the classification.
402.7 Sworn Peace Officer Signing Bonus
The signing bonus for a police academy graduate is $5,000.

The signing bonus for a lateral peace officer is $5,000 plus an additional $1,000 for each full year of employment as a peace officer following receipt of their POST Basic Certificate for a maximum of $15,000. Lateral peace officers receive credit for each full year of service as a sworn peace officer after receipt of their POST Basic Certificate towards their vacation accrual.
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37 The signing bonus is paid as follows: 50% after the successful completion of the field training program; 25% at the successful completion of the probationary period; 12.5% on the first anniversary of the successful completion of probation; and 12.5% on the second anniversary of the successful completion of probation.
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38 500 Employment of Relatives or Spouses/ Domestic Partners 502 Employment of Relatives, Spouses, Domestic Partners 502.1 Policy
The City regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest and to promote safety, security, supervision, and morale.

Appointing authorities, department heads, or persons having power to do any hiring of personnel on behalf of the City will not employ any person who is related within the third degree, whether by blood or marriage to any of the above. 502.2 Definitions
(a) “Relative” means child, step-child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership.
(b) “Spouse” means one (1) of two (2) persons to a marriage, or two (2) people who are registered domestic partners, as those terms are defined by state law. (c) “Supervisory relationship” means one (1) in which one (1) employee exercises the right or responsibility to control, direct, reward, or discipline another by virtue of the duties and responsibilities assigned to their City appointment. 502.3 Employment of Relatives
The City will not appoint, promote or transfer a person to a position within the same department, division, or facility in which the person’s relative already holds a position, if any of the following would result:
(a) A direct or indirect supervisory relationship between the relatives; (b) The two (2) employees having job duties which require performance of shared duties on the same or related work assignment;
(c) Both employees having the same supervisor;
(d) A potential for creating an adverse impact on supervision, safety, security, morale or efficiency.
502.4 Spouses or Domestic Partners
The City will not appoint, promote, or transfer a person, to the same department, division, or facility in which the person’s spouse or registered domestic partner already holds a position, if such employment would result in any of the following:
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39 (a) One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner; or
(b) Potential conflicts of interest or hazards for married persons or those in domestic partnership which are greater than for those who are not married or in domestic partnerships.
502.5 Waiver of Employment of Relatives, Spouse, or Domestic Partner Under special circumstances or conditions, the City Council may waive section 502.1 for the purposes of hiring an employee’s relatives, spouse, or domestic partner, if the following procedure is approved:
(a) A statement setting forth the special circumstances or conditions requiring the employment needs to be submitted to the City Manager.
(b) The City Manager reviews the request and makes a recommendation to the City Council.
(c) The City Council considers the best interests of the City and either approves or disapproves the request. Final discussion and action to approve the request shall take place in an open meeting.
502.6 Marriage or Domestic Partnership After Employment (a) Transfer: If two (2) City employees who work in the same department later become spouses or domestic partners, the Human Resources Director has discretion to transfer one (1) of the employees to a similar position in another department.

Although the wishes of the two (2) employees will be considered, the Human Resources Director retains sole discretion to determine which employee will be transferred based upon City needs for supervision, safety, security or morale. Any transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process. (b) Separation: If continuing employment of both employees, who work in the same department and who later become spouses or domestic partners, cannot be accommodated in a manner the Human Resources Director finds to be consistent with the City’s needs for supervision, safety, security, or morale, then the Human Resources Director retains sole discretion to separate one employee from City employment. Absent the resignation of one employee, the less senior employee will be separated. Any separation is not considered to be disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process. 351 of 416
40 600 Compensation and Payroll Practices
602 Work Schedules and Attendance
602.1 Work Schedules
Work schedules are determined at the discretion of the Department Head or Director and are subject to change with or without notice, according to the needs of the department or City. Employees shall be in attendance and at work during the hours specified by their supervisor.
602.2 Meal Period
A one-hour non-compensated meal period is provided to all employees who work at least an eight-hour workday. Employees are responsible for taking their meal period at a time designated by their supervisor.
602.3 Rest Period
A 15-minute compensated rest period is provided to all employees for each four-hour period of service. The rest period must be taken at a time designated by the employee’s supervisor. Rest periods may not be combined to shorten the workday or to extend the meal period.
602.4 Lactation Break Time and Location
The City will provide a reasonable amount of break time to accommodate any employee desiring to express breast milk for an infant child each time the employee has a need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. If the employee takes lactation breaks at times other than their provided break times, then the lactation break shall be unpaid or the employee may choose to use accrued leave.

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

The City will provide a room, or other appropriate location in close proximity to the employee’s worksite that is not in a bathroom, to express milk in private. The room or location will meet the following requirements:
(a) Be shielded from view and free from intrusion while being used to express milk; (b) Be safe, clean, and free of hazardous materials;
(c) Contain a surface on which to place a breast pump and personal items; 352 of 416
41 (d) Contain a place to sit; and
(e) Have access to electricity needed to operate an electric or battery-powered breast pump.

An employee occupying such private area shall either secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed.

All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance.

The City will provide access to a sink with running water and a refrigerator, or other cooling device, suitable for storing milk, in close proximity to the employee’s work area. 602.4.1 Lactation Accommodation
An employee may make a request for lactation accommodation, either orally or in writing, to the Human Resources Director.

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

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

An employee who does not believe that the City is providing an appropriate lactation accommodation also may file a complaint with the California Division of Labor Standards Enforcement/Labor Commissioner.
602.4.2 Storage of Expressed Milk
Any employee storing expressed milk in any authorized refrigerated area within the City shall clearly label it as such. No expressed milk shall be stored at the City beyond the employee’s work day/shift.
602.5 Advance Request for Permission to Deviate from Regular Work Hours An employee is required to seek advance permission from their supervisor for any foreseeable absence or deviation from regular working, break, and meal times. 602.6 Notification of Unforeseen Late Arrival or Absence An employee who is unexpectedly unable to report for work as scheduled must notify their immediate supervisor no later than the beginning of the employee’s scheduled work time and report the expected time of arrival or absence. If the immediate supervisor is not available, the employee must notify the Department Head. 353 of 416
42 602.7 Unauthorized Absence is Prohibited
Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited, absent authorization. An overtime-eligible employee who fails to timely notify the supervisor of any absences as required by this policy, or who is not present and ready to work during all scheduled work times will be deemed to have an unauthorized tardy or absence and will not receive compensation for the period of absence.
602.8 Excessive Tardiness/Absenteeism and Abuse of Leave Excessive tardiness occurs when an employee who, without authorization, is late to work or late to return from breaks more than three (3) times during any ninety-day period.

Excessive absenteeism occurs when the number of any employee’s unapproved absences for reasons that are not permitted by federal or state law, exceeds three (3) days in any ninety-day period. Excessive tardiness or absenteeism may be grounds for discipline, up to and including termination.

Abuse of leave is a claim of entitlement to leave when any employee does not meet the requirements for taking the leave, and may be grounds for discipline, up to and including termination. Should the City suspect that any employee is abusing leave, the City may require that the employee submit a physician’s certificate or other documentation to support the absence.
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43 604 Work Week, Overtime and Compensatory Time Off
604.1 Work Week
The workweek begins at 12:01 a.m. on Sunday and ends at 12:00 a.m. on Saturday, except as otherwise designated in an alternative work schedule, or by a FLSA 29 U.S.C. § 207(k) (“Section 7(k)”) work period for police or fire employees. 604.1.1 Work Period for Fire and Police
The FLSA work period for the City’s sworn police employees is a regularly recurring 28- day period. The FLSA work period for the City’s firefighting personnel is a regular recurring 28-day period.
604.2 Overtime for Non-Sworn Employees
Overtime is all hours an overtime-eligible employee, who is non-sworn, actually works over forty (40) hours in their designated work week. Only actual hours worked and vacation are counted toward the 40-hour threshold for purposes of calculating FLSA overtime pay. Overtime-eligible employees who are directed to work overtime must do so.
604.2.1 No Remote Access or Unauthorized Presence at Work Site for Overtime-Eligible Employees
Unless the Personnel Officer, Department Head, or designee provides authorization in writing , overtime-eligible employees may not have remote access to City equipment, resources, or email. Employees are not permitted to work at City workplaces at any time other than during their normal work schedule, authorized modified work schedules, or authorized overtime.
604.2.2 Prior Approval Required for Overtime
Overtime-eligible employees are not permitted to work overtime except as directed and authorized by their supervisor, or in case of emergency, as determined by the supervisor, Department Head, or City Manager. Working overtime without prior authorization or approval is grounds for discipline. If the supervisor denies an employee’s request to work overtime, the employee must obey the supervisor’s directive and cease working. Failure to follow these overtime approval procedures may subject the employee to disciplinary action, up to and including termination, for violating the overtime approval procedures. 604.3 Accurate Time Reporting
Employees must accurately report all work time rounded up to the nearest quarter hour. 604.4 No Volunteering of Work Time
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44 All time spent for the benefit of the City must be reported as hours worked on time records so that the employee is paid for all work. Overtime-eligible employees may not “volunteer” work time to perform duties that are the same or similar as their stated or regular job duties. Employees have no authorization to work without compensation. No supervisor has authority to request overtime-eligible employees to volunteer work time. 604.5 Compensatory Time Off
Employee Request to Use CTO: The City will grant an employee’s request to use accumulated CTO provided that: (1) the department can accommodate the use of CTO on the day requested without undue disruption to department operations; and (2) the employee makes the request in writing to the supervisor no later than five (5) calendar days prior to the date requested.

Value of CTO Cash Out: During employment, CTO is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials and special pays). Employees separating from the City shall be compensated for all accrued, unused compensatory hours at their current FLSA regular rate of pay, or their average FLSA regular rate for the prior three (3) years, whichever is greater. 604.6 Merit Increase
A merit increase is not a matter of right but based on an employee’s performance of job requirements for overall work performance.
604.7 Step Increases
Employees automatically receive step advancements until they reach the top step of their salary schedule unless they receive a performance evaluation prior to their anniversary date where the overall rating is equivalent to “does not meet expectations” or “needs improvement.” Anniversary date is defined as the employee’s date of hire or last date of promotion, whichever is later.
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45 700 Performance Evaluation Policies
702 Performance Evaluations
702.1 Performance Evaluations
A non-probationary employee’s supervisor will prepare and sign a performance evaluation on a City form at least once per year prior to the employee’s anniversary date of hire in the position. The Department Head will review and approve all performance evaluations of subordinates in their department. The City Manager or designee will review each performance evaluation, comment if necessary, and sign. The signed performance evaluation will be filed in the employee’s personnel file. 702.2 Probationary Employee Performance Evaluations
On or about the completion of the midpoint of a probationary period, and at other intervals the supervisor may deem appropriate point prior to separation or the successful completion of the probationary period, the probationary employee’s supervisor will prepare and sign a performance evaluation. The purpose of the probationary performance evaluation is to chart the probationer’s progress toward meeting the standards of their position.
702.3 Performance Evaluation Meeting
The supervisor will meet with the employee to discuss the evaluation. The employee must sign the evaluation to acknowledge its contents and that they have met with their supervisor to discuss the evaluation. The employee’s signature does not mean that they endorse the contents of the evaluation.
702.4 No Appeal Right
An employee does not have the right to appeal or submit a grievance regarding any matter relating to the content of a performance evaluation. Instead, the employee may comment on the evaluation in a written statement which will then be placed with the evaluation in the employee’s personnel file. The written statement must be submitted within thirty (30) days after the employee receives the evaluation.
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46 800 Leave of Absences & Public Accountability
801 Public Accountability
Employees are expected to be at work at scheduled times. To ensure public accountability and the integrity of public service, all employees are expected to account for their absences from work. Leave time is chargeable in increments of fifteen (15) minutes.
802 Vacation Leave and Holidays
802.1 Vacation Leave
Full-time employees, who are budgeted to work at least thirty (30) hours a week on an annual basis, earn vacation leave while in paid status until they reach the applicable vacation accrual cap.

Full-Time Employee Accrual Rate:

Consecutive Full-Time Months Accrual Per Pay Period Vacation Cap of Employment
0 – 60 3.08 160 hours
61 – 180 4.62 240 hours
181+ 6.15 320 hours
Part-Time Employee Accrual Rate:

Part-time employees who work at least 1500 hours per year earn vacation leave while in paid status in a pro-rated amount based upon the accrual applicable to full-time employees. Once a part-time employee reaches the pro-rated accrual cap, they stop accruing vacation.
802.2 Vacation Upon Moving from Part-Time to Full-Time
Part-time employees who become full-time without a break in service will for the purpose of computing months of employment for their vacation accrual rate receive one (1) month of employment for each one hundred seventy-three (173) hours of part-time employment. 802.3 Vacation Cap
Employees cease to accrue vacation once their maximum accrual limit has been reached until accrued vacation is reduced below their maximum accrual limit. Vacation leave will not accrue during leaves of absence without pay unless required by law. 802.4 Scheduling of Vacation Leave
Vacation leave may not be used until it is accrued. The employee and the Department Head will schedule the times when an employee may take vacation leave, after the 358 of 416
47 employee has submitted a City Leave Request/Payroll Exception Form. The scheduling will be based on the employee’s preference and the City’s operational needs. An employee shall provide the supervisor the City’s Leave Request/Payroll Exception Form a minimum of one (1) week in advance of the requested vacation, unless the Department Head has waived the one-week minimum. The City may, at its discretion, require an employee to use accrued vacation.
802.5 Unused Vacation Leave upon Separation
Any employee separating from the City who has accrued vacation leave is paid for all accrued vacation at their straight rate of pay at the time of separation. 802.6 Holidays
Full-time employees receive eight (8) hours of holiday pay on the holidays listed below:
• New Year’s Day
• Martin Luther King Jr.’s Birthday
• President’s Day
• Memorial Day
• Independence Day
• Labor Day
• Veterans’ Day
• Thanksgiving Day
• Day After Thanksgiving Day
• Christmas Eve
• Christmas Day
• If New Year’s Day, Independence Day, Christmas Eve, or Christmas Day fall on a Sunday, the Monday following is treated as the holiday. If any of these holidays fall on a Saturday, the preceding workday is treated as the holiday. 802.7 Effect of Holiday on Vacation Leave
If one (1) or more holidays occur during a scheduled vacation, those holidays will not be charged as vacation leave.
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48 804 Sick Leave
804.1 Purposes for Sick Leave
Sick leave is paid leave that an employee may use for the following purposes:
(a) Diagnosis, care, or treatment of an existing health condition of, or preventative care for the employee themselves or any of the following family members of the employee: a child of any age or dependency status; a parent; a parent-in-law; a spouse; a registered domestic partner; a grandparent; grandchildren; a sibling; or a designated person who the employee designates at the time the employee requests sick leave, provided that an employee may only designate one person per 12 month period; or
(b) For an employee who is a victim of domestic violence, sexual assault, stalking, or other crime in order for the employee to do any of the following: (1) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or (2) obtain medical attention or psychological counseling, services from a shelter, program or crisis center, or (3) participate in safety planning or other actions to increase safety. 804.2 Terms of Sick Leave
(a) Accrual & Carryover for Different Categories of Employees:
1) Full time regular employees accrue three point six nine (3.69) hours of sick leave per pay period in paid status without limit.
2) A part-time employee, or an employee who is not regularly employed, such as seasonal/ temporary/ extra help, who works thirty (30) or more days within a year from the commencement of employment with the City accrues one (1) hour of paid sick leave for every thirty (30) hours worked. Accrued and unused sick leave carries over to the following year of employment. (b) Sick Leave Use
An employee may use accrued sick leave, in fifteen (15) minute increments. (c) Protected Sick Leave:
1) Full time employees, one-half of the employee’s accrued and available annual sick leave is protected and may be used for any of the purposes stated in this policy; and
2) For a part-time employee or an employee who is not regularly employed, such as seasonal/ temporary/ extra help, up to twenty-four (24) hours, or three (3) days, whichever is greater, of accrued and available sick leave 360 of 416
49 each year is protected and may be used for any of the purposes stated in this policy.
(d) Sick Leave Request:

To request to use sick leave if the need for leave is foreseeable, an employee must give the immediate supervisor reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave no later than one (1) hour prior to their shift, if able.

If the employee is required to be absent on sick leave for more than one (1) day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this policy without good reason, may result in the employee being treated as absent without leave.
(e) Certification:

The City may require that employees provide a physician’s certification to support any absence greater than three (3) days or twenty-four (24) hours, whichever is greater, that involves the illness of the employee or family member. Employees who use paid sick leave to address issues related to domestic violence, sexual assault, stalking, or other crimes and who cannot provide advance notice of their need for leave, must provide certification of the need for leave within a reasonable time thereafter. Certification for issues related to domestic violence includes: a police report; a court order or other court documentation; documentation from a medical professional.
(f) Sick Leave on Separation from Employment:

Unused sick leave is not cashed out upon separation from employment. Unused sick leave may be converted to retirement service credits. (g) Sick Leave Reinstatement: If an employee separates and is rehired within one (1) year from separation, accrued and unused sick leave, to a maximum of fortyeight (48) hours will be reinstated. An employee who worked at least ninety (90) days in the initial employment with the City may immediately use reinstated sick leave. An employee who had not worked ninety (90) days in the initial employment with the City must work the remaining amount of the ninety (90) day-qualifying period to be able to use accrued sick leave.
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50 806 Family and Medical Care Leaves
806.1 Statement of Policy; City Runs Leave Under the Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) at the Same Time
The City provides family and medical care leave for eligible employees as required by federal and state law. Employees who misuse or abuse family and medical care leave may be disciplined, up to and including termination. Employees who fraudulently obtain or use California Family Rights Act (“CFRA”) leave are not protected by the CFRA’s job restoration or maintenance of health benefits provisions.

This policy is supplemented by the Federal Family and Medical Leave Act (“FMLA”), and the CFRA. Unless otherwise stated in this policy, “Leave” means leave under the FMLA and CFRA. Unless otherwise provided by law, the City runs an employee’s FMLA and CFRA leaves at the same time.
806.2 Definitions
(a) “12-Month Period” means the 12-month period measured forward from the date the employee first takes Leave.
(b) “Single 12 Month Period” means a 12-month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends twelve (12) months after that date.
(c) “Family member” for FMLA leave means an employee’s child, parent, and spouse. “Family member” for CFRA leave means an employee’s child, parent, spouse, domestic partner, grandchild, grandparent, sibling, and designated person. (d) “Child”
a. Under the FMLA, “child” means a child under the age of eighteen (18) years of age, or eighteen (18) years of age or older who is incapable of self-care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care, and includes a biological, adopted, foster or step-child. A child is “incapable of self care” if they require active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.
b. Under the CFRA, “child” means a child, including a child who is eighteen (18) years of age or older who is capable of self-care. An employee’s child means a biological, adopted, foster, step-child, legal ward, a child of a 362 of 416
51 domestic partner, or a person to whom the employee stands in loco parentis.
(e) “Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. Under the CFRA, this term includes parents-in-law. (f) “Spouse” means one (1) of two (2) persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined below.
(g) “Domestic Partner” is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.
(h) “Grandparent” means a parent of the employee’s parent. (i) “Grandchild” means a child of the employee’s child. (j) “Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.
(k) “Serious Health Condition” means an illness, injury impairment, or physical or mental condition that involves:
1) Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or
2) Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
b. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
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52 i. Treatment two (2) or more times by a health care provider, by a nurse or physician’s assistant under direct
supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing
treatment under the supervision of the health care
provider. This includes, for example, a course of
prescription medication or therapy requiring special
equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not
constitute a regimen of continuing treatment.
3) Any period of incapacity due to pregnancy or for prenatal care. Note that pregnancy is a “serious health condition” only under the FMLA. Under California law, an employee disabled by pregnancy is entitled to pregnancy leave. (See Policy 808, Leave Because of Pregnancy, Childbirth, or Related Medical Condition.)
4) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one (1) that:
i. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
ii. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
iii. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day. 5) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by health care provider.
6) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three 364 of 416
53 consecutive calendar days in the absence of medical intervention or treatment.
(l) “Health Care Provider” means any of the following:
1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;
2) An individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition;
3) A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
4) A nurse practitioner or nurse-midwife or a clinical social worker who is authorized to practice under California State law and who is performing within the scope of their practice as defined under California State law; 5) A Christian Science practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
6) Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
(m)“Covered active duty” means: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.
(n) “Covered Service Member” means: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
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54 (o) “Outpatient Status” means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

(p) “Next of Kin of a Covered Service Member” means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.
(q) “Serious Injury or Illness” means: (1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
(r) “Designated Person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The Designated Person must be identified by the employee at the time the employee requests leave to care for that person. The employee can only designate one “Designated Person” per 12-month family leave period.
806.3 Reasons for FMLA or CFRA Leave
Leave is only permitted for the following reasons:
(a) The birth of a child or to care for a newborn of an employee; (b) The placement of a child with an employee in connection with the adoption or foster care of a child;
(c) Leave to care for a child, parent, or spouse who has a serious health condition; 366 of 416
55 (d) Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, sibling, or a designated person who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.
(e) Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of their position; (f) Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation; (g) Under the CFRA only, leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s domestic partner is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation.

Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA; or
(h) Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered service member of the U.S. Armed Forces who has a serious injury or illness:
incurred in the line of duty while on active military duty; or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to twenty-six (26) weeks of unpaid leave during a single 12-month period. 806.4 Employees Eligible for Leave
An employee is eligible for leave if the employee satisfies the following conditions:
(a) The employee has been employed for at least twelve (12) months; and (b) The employee has been employed for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave; and (c) For FMLA leave eligibility, the City directly employs at least fifty (50) full or parttime employees within a seventy-five (75) mile radius for each working day during each of twenty (20) or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase “current or preceding calendar year” refers to the calendar year in which the employee requests the leave or the calendar year preceding this request. (d) For CFRA leave eligibility, The City directly employees at least five (5) employees.

Employees are eligible, if they have been employed for a total of twelve (12) months by the City and they have worked at least 1,250 hours prior to the CFRA leave date.
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56 806.5 Amount of Leave
Eligible employees are entitled to a total of twelve (12) workweeks (or 26 workweeks to care for a covered service member) of leave during any 12-month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. 806.6 Minimum Duration of Leave
(a) If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two (2) weeks.

However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two (2) weeks duration on any two occasions. (b) If leave is requested to care for a child, parent, spouse, domestic partner, grandparent, grandchild, sibling, designated person, or the employee themselves with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this policy is required.
806.7 Parents Both Employed by the City
If both parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave:
(a) The aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to twelve (12) workweeks during any 12-month period; and (b) Each parent is entitled to take twelve (12) workweeks of CFRA leave during any 12-month period.

If both parents of a covered service member are employed by the City and are entitled to leave to care for a covered service member, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-six (26) workweeks during the 12-month period. This limitation does not apply to any other type of leave under this policy. 806.8 Employee Benefits While on Leave
(a) Group Health Insurance during Unpaid Leave: Leave under this policy is unpaid. While on unpaid leave, employees will continue to be covered by the City’s group health insurance for up to twelve (12) weeks each leave year to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four (4) months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City will maintain the employee’s coverage while the employee 368 of 416
57 is disabled by pregnancy (up to four (4) months or 17 1/3 weeks) and during their CFRA leave (up to twelve (12) weeks).
(b) Benefit Plans Not Provided through the City’s Group Health Plan during Unpaid Leave Do Not Continue: The City does not pay for benefit plans that are not part of the group health plan for any employee on unpaid leave. As a result, employees will not continue to be covered under the City’s benefit plans that are not provided through the City’s group health plans while the employee is on unpaid leave.
(b) Payment of Premiums: Employees may make the appropriate contributions for continued coverage under the health benefits plans by payroll deductions (if the employee is using their paid leave) or direct payments (if the employee is not using their paid leave). The City will inform the employee whether the direct payments for premiums should be paid to the carrier or to the City, and the deadlines for paying premiums in order to prevent coverage from being dropped. Employee contribution rates are subject to any changes in rates that occur while the employee is on leave.
(c) Recovery of Premium if the Employee Fails to Return from Leave: If an employee fails to return to work after their leave entitlement has been exhausted or expires, the City has the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or their family member that would entitle the employee to leave, or because of circumstances beyond the employee’s control.
806.9 Substitution of Paid Accrued Leaves
Although family and medical care leave is unpaid, the City requires employees to use the employee’s paid accrued leaves during family and medical care leave as described below.
806.9.1 Employee’s Right to Use Paid Accrued Leave During Some Categories of Family Leave
An employee can use any accrued paid leave except sick leave for any category of unpaid FMLA/CFRA. Accrued sick leave may only be used when the FMLA/CFRA is needed to care for the serious health conditions of the employee or the employee’s partner, spouse, domestic partner, child, grandparent, grandchild, sibling, or designated person. 806.9.2 City’s Right to Require an Employee to Use Paid Leave When Using Family Leave
The City requires employees to use and exhaust their accrued leaves when using FMLA/CFRA to the same extent employees have the right to use their accrued leaves, with two (2) exceptions as described below:
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58 (a) Employees are not required to use paid leave during leave pursuant to a disability plan that pays a portion of the employee’s salary while on leave to cover the unpaid portion of the disability leave benefit; and
(b) An employee must agree to use accrued sick leave to care for a child, parent, spouse or domestic partner, grandparent, grandchild, sibling, or designated person..
806.9.3 City’s Right to Require an Employee to Use FMLA/CFRA Leave at the Same Time as Other Leaves
If an employee takes a leave of absence for any purpose which also qualifies under either the FMLA and CFRA, the City will designate that leave as also using the employee’s 12- week FMLA and/or CFRA leave entitlement. The only exception is for employees who are peace officers or firefighters and who are on paid industrial injury leave. 806.9.4 City’s and Employee’s Rights if an Employee Requests Accrued Leave Without Mentioning FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may require the employee to exhaust accrued leave as described above.
806.10 Medical Certification/ Recertification
Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:
(a) Employee’s Own Serious Health Condition: Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition began; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one (1) or more of the essential functions of their position. Upon expiration of the time period the health care provider originally estimated that the employee needed for their own serious health condition, the employee must obtain recertification if additional leave is requested. (b) Family Member Serious Health Condition: Employees who request leave to care for a child, parent, domestic partner, spouse, grandparent, grandchild, sibling, or designated person who has serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health 370 of 416
59 condition began; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.
(c) Service member Serious Injury or Illness: Employees who request FMLA leave to care for a covered service member who is a child, spouse, parent or “next of kin” of the employee, must provide written certification from a health care provider regarding the injured service member’s serious injury or illness. The City will verify the certification as permitted by the FMLA regulations. (d) Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, an employer may require the employee to provide a copy of the military member’s active-duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active-duty status in a foreign country, and the dates of the military member’s active-duty service. A copy of the new active-duty orders or similar documentation shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active-duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA and CFRA regulations.
806.11 Time to Provide a Medical Certification
When an employee has provided at least thirty (30) days’ notice for a foreseeable leave, the employee must provide a medical certification before the leave begins. When this is not possible, the employee must provide the medical certification to the City within the time frame requested by the City, and no later than fifteen (15) calendar days after the City’s request. The only exception to the 15-day deadline is if the circumstances make that deadline impracticable despite the employee’s diligent, good faith efforts. 806.12 Consequences for Failure to Provide a Complete or Timely Certification
If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to provide a complete certification. However, if an employee fails to provide a medical certification within the time frame established in this policy, the City may delay the taking of FMLA/CFRA leave until the certification is provided, or deny 371 of 416
60 FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.
806.13 Personnel Officer’s Review of the Contents of Medical Certification for Employee’s Own Serious Health Condition
(a) Complete and Sufficient: The employee must provide a certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one (1) or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the Personnel Officer will give the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies.
(b) Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee’s own serious health condition, the Personnel Officer may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The Personnel Officer may not ask for additional information beyond that required on the certification form.
806.14 Second and Third Medical Opinions for Employee’s Own Serious Health Condition
If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee. 806.15 Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule for their own serious health condition, or to care for an immediate family member with serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. The City may require an employee 372 of 416
61 who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.
806.16 Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows they will need leave in the future, but does not know the exact day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed.

For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.
806.17 Reinstatement Upon Return from Leave
(a) Reinstatement to Same or Equivalent Position: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent benefits and pay.

Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
(b) Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City, the employee will be reinstated within two (2) days, where feasible, after the employee notifies the employer of their readiness to return. (c) Employee’s Obligation to Periodically Report on their Condition: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. (d) Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform their job, the employee must obtain and present a fitness-for-duty certification from the health care provider stating that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
(e) Reinstatement of “Key Employees”: Under the FMLA only, the City may deny reinstatement to a “key” employee (i.e., an employee who is among the highest paid ten percent (10%) of all employed by the City within seventy-five (75) miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the 373 of 416
62 City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a “key” employee during or upon the expiration of CFRA leave. 806.18 Required Forms
Employees must complete the applicable forms to receive family and medical care leave.

The forms may be found with the Human Resources Department located at City Hall. 808 Leave Because of Pregnancy, Childbirth, or Related Medical Condition 808.1 Amount of Leave
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours they would normally work within four (4) calendar months (17 1/3 weeks). For a full-time employee who works forty (40) hours per week, “four months” means 693 hours of leave entitlement, based on forty (40) hour per week times 17 1/3 weeks. An employee who works less than forty (40) hours per week will receive a pro rata or proportional amount of leave. 808.2 Notice & Certification Requirements
(a) Notice: Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice of the medical need for the leave. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the Personnel Officer.
(b) Certification: The request for pregnancy disability leave must be supported by a written certification from the attending physician stating that: (1) the employee is disabled from working by pregnancy, childbirth or a related medical condition; (2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and (3) the estimated duration or end date of the leave. 808.3 Compensation During Leave
Pregnancy disability leaves are without pay. However, the employee must first use sick leave, if any. Once sick leave is depleted, the employee must use vacation leave and any other accrued paid time off during the leave.
808.4 Benefits During Leave
(a) Group Health Insurance: An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before their leave, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12-month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City may recover 374 of 416
63 premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a circumstance beyond their control or the use of the separate right to twelve (12) weeks of bonding leave under the FMLA.
(b) Sick and Vacation Leaves: Sick and vacation leaves accrue on a prorated basis while an employee is on pregnancy disability leave.
(c) Employee Status during Leave: The employee retains employee status during the leave. Benefits will be resumed upon the employee’s reinstatement in the same manner and at the same levels as provided when the leave began, without any new qualification period, physical exam, or other qualifying provisions. 808.5 Reinstatement
(a) Upon the expiration of pregnancy leave, the employee will be reinstated to their original or a comparable position, so long as it was not eliminated for a legitimate business reason during the leave.
(b) If the employee’s original position is no longer available, the employee will be assigned to a comparable, open position.
(c) If upon return from leave an employee is unable to perform the essential functions of their job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation in accordance with these Policies. (See Policy 206, Reasonable Accommodation and Interactive Process.)
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64 810 Other Leaves
810.1 Jury Duty Leave
Any employee, who is summoned to serve on a jury, must notify their supervisor or Department Head as soon as possible. Any employee who is released from jury service prior to the end of their scheduled work hours must report to work unless otherwise authorized by their supervisor.
810.1.1 Overtime-Eligible Employees
Overtime-eligible full-time employees are paid for actual work hours missed because of time spent in jury duty. The time spent on jury duty is not work time for purposes of calculating overtime compensation.
810.1.2 Overtime-Exempt Employees
FLSA-exempt employees will continue to receive their normal salary while on jury duty for any workweek in which they perform any work duties. 810.2 Other Court or Administrative Proceeding Appearances 810.2.1 Regarding Agency Duties
Any employee, who is subpoenaed to appear in court in a matter regarding an event or transaction in the course of their job duties, must give their supervisor as much advance notice as possible. The City will determine whether the matter involves an event or transaction in the course of the employee’s job duties. If so, this leave to appear in court will be without loss of compensation, and the time spent will be considered work time. 810.2.2 Regarding Employee-Initiated Proceedings
Any employee, including a seasonal/temporary/extra help employee, who is subpoenaed to appear, or appears in court because of civil or administrative proceedings that they initiated, is not entitled to receive compensation for time spent related to those proceedings. An employee must use any accrued leave other than sick leave for time spent related to those proceedings. The time spent in these proceedings is not considered work time. Notwithstanding the above, an employee who is testifying or appearing as the designated representative in PERB conferences or hearings, or at a personnel or merit commission is entitled to paid release time.
810.2.3 Regarding Crime Victim/Victim Family Member Court Attendance Leave
Any employee, including a seasonal/temporary/extra help employee, who is a victim of a crime may take leave from work to attend judicial proceedings related to that crime, if the employee provides the City advance notice of the scheduled proceeding. If advance 376 of 416
65 notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken, documentation from the District Attorney, victim’s rights office, or court/governing agency that shows that the judicial proceeding occurred when the leave was used. An employee who is an immediate family member of such a crime victim, including: a registered domestic partner; the child of the registered domestic partner; spouse; child; stepchild; brother; stepbrother; sister; stepsister; mother; stepmother; father; or stepfather of the crime victim is also entitled to leave from work to attend judicial proceedings relating to that crime. The leave is unpaid, the employee must use accrued vacation, sick leave, CTO, or other paid leave.
810.2.4 Regarding Crime Victim/Family Member Victims’ Rights Proceedings Leave
Any employee, including a seasonal/temporary/extra help employee, who is a victim of a crime listed in Labor Code section 230.5(a)(2)(A), may take leave from work to appear in court to be heard at any proceeding in which the right of the victim is at issue, if the employee provides the City reasonable advance notice. If advance notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken, certification from a police report, a district attorney or court, or from a health care provider or victim advocate, that the employee was a victim of any of the crimes listed in Labor Code section 230.5(a)(2)(A). An employee who is a spouse, parent, child, sibling, or guardian of such a crime victim is also a victim who is entitled to this leave if the above notice or certification requirements are met. The leave is unpaid, the employee must use accrued vacation, paid leave, or CTO.
810.3 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief Any employee, including a seasonal/temporary/extra help employee, who is a victim of domestic violence, sexual assault, stalking, or other crime may take leave from work to obtain or attempt to obtain any relief, including, but not limited to: a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child, if the employee provides advance notice of the need for leave. If advance notice is not feasible, the employee must provide any of the following certifications within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid, the employee must use sick leave, accrued vacation, paid leave, or CTO. 810.3.1 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning
Any employee, including a seasonal/temporary/extra help employee, who is a victim of domestic violence, sexual assault, stalking, or other crime, may take leave from work to 377 of 416
66 attend to any of the following: obtaining medical attention or psychological counseling; obtaining services from a shelter, program or crisis center; or participating in safety planning or other actions to increase safety, if the employee provides advance notice of the employee’s intention to take time off. If advance notice is not feasible, the employee must provide any of the following to the City within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid, the employee must use sick leave, accrued vacation, paid leave, or CTO.
810.4 Bereavement Leave
Employees who have been employed by the City for at least thirty (30) days are entitled to five (5) days of unpaid bereavement leave in the event of the death of a “family member.” An employee must use accrued vacation, paid leave, sick leave, or CTO in order to provide for their compensation during any bereavement leave.

A “family member” means a spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, sibling, and parent-in-law.

An employee who utilizes bereavement leave shall notify their supervisor or Department Head of the intent to use such leave. Employees may use leave on a non-consecutive basis in the three (3) months following the date of death of the “family member.” 810.5 Military Leave
Military leave will be granted in accordance with federal and state law. An employee requesting leave for this purpose must promptly provide the Department Head a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the Department Head may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.
810.6 School-Related Leave
810.6.1 School or Licensed Day Care Activity Leave
Any employee who is a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to one (1) or more children who are in kindergarten or grades one (1) through twelve (12), or who are in a licensed child care facility, are allowed up to forty (40) hours each school year, not to exceed eight hours in any calendar month of the school year, to: participate in activities of their child’s school or licensed child care facility; find, enroll, or reenroll a child in a school or with a licensed child care provider; or to pick up a child due to a child care provider or school emergency. The employee must provide reasonable advance notice to their supervisor of the planned absence. The leave 378 of 416
67 is unpaid, the employee must use vacation or CTO. The employee must provide documentation from the school or licensed childcare facility as verification that the employee participated in school or childcare facility activities on a specific date and at a particular time. If both parents, guardians, or grandparents having custody work for the City at the same City work site, only the first parent requesting will be entitled to leave under this provision.
810.6.2 Child Suspension Leave
Any employee who is the parent or guardian of a child in grades one (1) through twelve (12) may take time off to go to the child’s school in response to a request from the child’s school, if the employee gives advance notice to their supervisor. A school has the authority to request that the parent attend the child’s school if the child has: committed any obscene act; habitually used profanity or vulgarity; disrupted school activities; or otherwise willfully defied the valid authority of school personnel. 810.7 Paid Administrative Leave
The City has the right to place an employee on leave with full pay for non-disciplinary reasons at any time when the Personnel Officer has determined that the employee’s and/or City’s best interests warrant the leave. The employee does not have a right to appeal the decision to be placed on administrative leave with pay. 810.8 Leave of Absence Without Pay Must Be Authorized by Law or these Policies
Unless authorized by law or these policies, an employee is not entitled to a leave of absence without pay. Unless required by law, vacation, sick leave, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits do not accrue to an employee on unpaid leave. Unless required by law, the City will not maintain contributions toward group insurance or retirement coverage for the employee on such leave. During the period of authorized unpaid leave, all leaves are retained at the levels existing as of the effective date of the leave.
810.9 Industrial Injury Leave
810.9.1 Employees Not Covered by Labor Code Section 4850 Employees, other than those covered by Labor Code section 4850, who are absent from work covered by Workers’ Compensation, continue in pay status under the following provisions.
810.9.1.1 Coordination of Benefits
When the employee approves the difference between the amount granted in the form of Workers’ Compensation and the employee’s regular pay, the difference will be deducted from the employee’s accumulated sick leave, vacation, and CTO, if any. The employee 379 of 416
68 will continue in pay status and receive their pay until their accumulated sick leave, CTO, and vacation, have been depleted to the nearest quarter hour. 810.9.1.2 Accrual of Sick and Vacation Leave Continues While on Paid Leave During the time the employee is in a paid status while absent from work covered by Workers’ Compensation, they continue to accrue sick leave and vacation leave on a prorata basis. 810.9.1.3 Unpaid Leave and Continuation of Health Care Benefits Any employee subject to this policy who depletes their accumulated sick leave, CTO, and vacation while absent from work covered by Workers’ Compensation may receive an unpaid leave of absence and continue of health care benefits at the employee’s expense. 810.9.2 Employees Covered by Labor Code Section 4850
Sworn police or fire employees covered by Labor Code Section 4850, et seq. will be allowed up to one (1) year leave of absence for an industrial injury or illness without loss of salary in lieu of disability payments, consistent with state law (“4850 Leave”). The employee will continue to accrue sick leave and vacation while in paid status. 810.10.2.1 Coordination of Benefits after 4850 Leave
Whenever the injury or illness continues beyond the one-year 4850 leave period, the difference between the amount paid through Workers’ Compensation and the employee’s pay will be deducted from the employee’s accumulated sick leave, vacation, and CTO.

Thereafter, the employee may receive an unpaid leave of absence and continue of health care benefits at the employee's expense.
810.11 Time Off to Vote
Any employee, including a temporary/seasonal/extra help employee, who does not have sufficient time outside of working hours to vote, may request up to two (2) hours of paid leave either at the beginning or end of scheduled working hours to enable them to vote.

The employee must request time off to vote from their supervisor at least two (2) days prior to Election Day.
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69 900 Resignation, Job Abandonment, Layoff, and Separation 902 Resignation, Job Abandonment, Layoff, and Separation 902.1 Types of Separation
Separation of employees are designated as one of the following types:
(a) Probationary release;
(b) Release of seasonal and temporary employees;
(c) Resignation;
(d) Retirement;
(e) Job abandonment;
(f) Layoff;
(g) Non-disciplinary separation; or
(h) Disciplinary separation.
902.2 Probationary Release
Probationary employees serving in their initial probationary period with the City may be released at any time during the probationary period as recommended by the Department Head, without cause, reason, or notice. A released probationary employee does not have the right to appeal or submit a grievance.

Employees who are promoted or transferred and who are not successful in their new positions can be released from their new position at any time during the probationary period. Employees released under this circumstance may return to their former position. 902.3 Release of Seasonal and Temporary Employees
A seasonal and temporary employee may be separated at any time, without cause, and without the right to any appeal or submit a grievance.
902.4 Resignation
An employee who wishes to resign in good standing must submit written notice of resignation to the Department Head at least two (2) weeks prior to the planned separation date. The written notice must state the reasons for the resignation. Failure to provide at least two (2) weeks’ notice of resignation may be cause for denying future employment with the City. A resignation becomes final when the Department Head accepts the 381 of 416
70 resignation in writing. Once a resignation has been accepted, it is final and irrevocable. A resignation can be accepted by the Department Head at anytime. 902.5 Retirement
An employee planning to retire may provide a written notice to the Department Head prior to the effective date of the retirement. A notice of retirement becomes final and irrevocable when the Department Head accepts the notice of retirement in writing. 902.6 Job Abandonment
An employee is deemed to have resigned from their position if they are absent for three (3) or more consecutive scheduled workdays without authorization. The employee will be given written notice, at their address of record, of the circumstances of the job abandonment, and an opportunity to provide an explanation for the employee’s unauthorized absence. An employee who promptly responds to the agency’s written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the Human Resources Director before final action is taken, to explain the unauthorized absence and failure of notification. An employee separated for job abandonment will be reinstated upon proof of justification for the absence, such as severe accident, severe illness, arrest, or mental or physical impairment which prevented notification. Employees separated for job abandonment do not have the right to a postseparation appeal. 902.7 Layoff
Whenever, in the judgment of the City Manager, a reduction in personnel is necessary for economic or operational reasons, the City Manager may eliminate any position of employment. Any employee holding an eliminated position may be laid off or demoted for non-disciplinary reasons and without right of appeal.

902.7.1 Order of Layoffs
Employees will be laid off in the inverse order of their seniority in their classification.

Classification seniority is determined based on the length of employment in the affected classification plus higher classifications. Length of employment includes all days of employment in attendance at work and on authorized or legally-protected leaves of absence. Length of employment does not include unauthorized periods of leave, suspension, or layoff. Within each classification, employees will be laid off in the following order: temporary; seasonal; part-time; probationary; and for-cause status. If two (2) or more employees in a classification are to be laid off and have the same length of employment; the first tie breaker will be total City seniority; the second tie breaker will be decided by lottery.
902.7.2 Notification of Layoff
Employees to be laid off will be given at least fourteen (14) days’ notice of layoff. 382 of 416
71 902.7.3 Displacement
For-cause employees who are noticed for layoff and who have held for-cause status in a lower classification within the same classification series, may displace employees in the lower classification based on classification seniority. Employees in lower classifications will be displaced based upon classification seniority. Any employee who seeks to displace another must provide the Human Resources Director with written notice no later than seven (7) days after the date of the notice of layoff.
902.7.4 Transfer
If the Human Resources Director determines that a for-cause employee who is subject to layoff is qualified to perform the duties in a vacant position, the employee will receive a written notice of option to transfer in lieu of layoff. An employee who does not accept a transfer within seven (7) days after the date of the written notice, forfeits the option to transfer. An employee who accepts a transfer will be paid the rate applicable to the position into which they transfer.
902.7.5 Pre-Layoff Review
An employee who has been noticed for layoff, and who has any questions or concerns about the layoff decision or process may make an appointment to be heard by the Human Resources Director for an informal pre-layoff review. The employee must request in writing within seven (7) days from the date of the notice of layoff. The Human Resources Director decision is final.
902.8 Non-Disciplinary Separation
Any employee separated because of an inability to accommodate after the reasonable accommodation and interactive process is concluded, will be given a written preseparation notice of the reasons for the separation, the evidence supporting the decision to separate for non-disciplinary reasons, and an opportunity to respond before the separation takes effect. Any for cause employee has the opportunity for a post-separation appeal as described in Policy 1002, Causes for Discipline and Procedures. 902.9 Disciplinary Separation
For-cause employees may be separated for disciplinary reasons pursuant to the policy and procedures in Policy 1002, Causes for Discipline and Procedures. 902.10 Return of City Property
City property in the employee’s possession must be returned prior to separation, including laptops, monitors, keyboards, mice, keys, key fobs, identification cards, equipment, credit cards, gas cards, cell phones, pagers, passwords, and any other City equipment. 383 of 416
72 902.11 Job References/Verification of Employment
Reference inquiries and verifications of employment must be referred to and approved by the Human Resources Director. Unless the Human Resources Director receives a written waiver signed by the employee, the City will release only the employee’s dates of employment, last position held, and final salary rate. Department Heads and supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the Human Resources Director on a case-by-case basis.
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73 1000 Discipline
1002 Causes for Discipline and Procedures
1002.1 Causes for Discipline
Employees may be disciplined for, including but not limited to, any of the following causes of discipline:
(a) Violation of any department rule, City policy or regulation, ordinance or resolution; (b) Absence from workstation without authorized leave;
(c) Excessive absenteeism and/or tardiness as defined by these Policies; (d) Use of leave from work in a manner not authorized or provided for under these policies;
(e) Making any false representation or statement, or making any omission of a material fact;
(f) Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment;
(g) Unsatisfactory job performance or conduct;
(h) Inefficiency at work that wastes City resources, work time, or City funds; (i) Damaging any City property, equipment, resource, or vehicle, or the waste of City supplies through negligence or misconduct.
(j) Insubordination; or insulting or demeaning the authority of a supervisor or manager;
(k) Dishonesty or any form of misrepresentation;
(l) Theft;
(m)Violation of the City’s or a department’s confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity; (n) Misuse or unauthorized use of any City or customer-owned property, including, but not limited to: physical property, electronic resources, supplies, tools, equipment, City communication systems, City vehicles or intellectual property; (o) Mishandling of public funds;
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74 (p) Falsifying or tampering with any City record, including work time or financial records;
(q) Discourteous or offensive treatment of the public or other employees; (r) Abusive conduct, including malicious verbal, visual or physical actions, or the gratuitous sabotage or undermining of a person’s work performance. (s) Conviction, meaning any judicial determination of guilt, of a crime that has a nexus to the employee’s job duties;
(t) Unapproved outside employment or activity, or other enterprise that constitutes a conflict of interest with service to the City;
(u) Any conduct that impairs, disrupts or causes discredit to the City, to the public service, or other employee’s employment;
(v) Reckless or unsafe conduct, or violation of safety or health Policies; (w)Working overtime without prior authorization or refusing to work assigned overtime; (x) Smoking during work time or in unpermitted areas during breaks; (y) Carrying firearms or other dangerous items or weapons while on duty when not required by job duties; or
(z) Horseplay, fighting, or threats of violence.
1002.2 Types of Counseling, Reprimands and Discipline

The following are types of counseling, reprimands and discipline which the City may impose:
(a) Counseling Memo: A counseling memo will be provided to an employee to identify:
a failure of appropriate conduct or performance issue; the performance the employee is to demonstrate in the future; and consequences for failure to correct the behavior or problem. A counseling memo will be retained in the supervisor’s file until the completion of the evaluation year, and then documented in the performance evaluation, as the supervisor deems necessary. A counseling memo is not discipline, nor subject to the discipline appeal procedures described below. (b) Verbal Reprimand: A verbal reprimand is a verbal direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue.

A verbal reprimand will be documented in writing and retained in the supervisor’s file until the completion of the evaluation year and then documented in the performance evaluation, as the supervisor deems necessary. A verbal reprimand is not discipline, nor subject to the discipline appeal procedures described below. 386 of 416
75 (c) Written Reprimand: A written reprimand is written direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue.

A written reprimand will be retained in the employee’s personnel file and documented in the performance evaluation. Unless required by law, a written reprimand is not discipline, nor subject to the discipline appeal procedures described below. The employee has the right to have their written rebuttal attached to the reprimand in the employee’s personnel file, if the employee submits the rebuttal to the Personnel Officer within thirty (30) calendar days after the reprimand is received.
(d) Suspension without Pay: The City may suspend an employee from their position without pay for cause. Documents related to a suspension shall become part of the employee’s personnel file when the suspension is final and documented in the performance evaluation. A suspension without pay is discipline and is subject to the discipline appeal procedures described below. Employees who are exempt from FLSA overtime will only be suspended as authorized by the FLSA. (e) Reduction in Pay or Paid Leave: The City may reduce an employee’s pay or paid leave for cause. A reduction in pay for disciplinary purposes may take one of three forms: (1) a decrease in salary to a lower step within the salary range; (2) a decrease in salary paid to an employee for a fixed period of time; or (3) loss of accrued paid vacation or administrative leave, floating holiday, or compensatory time off. Documents related to a reduction in pay shall become part of the employee’s personnel file when the reduction in pay is final and documented in the performance evaluation. A reduction in pay is discipline and is subject to the discipline appeal procedures described below. Employees who are exempt from the FLSA overtime are not subject to pay reduction, except in the form of loss of accrued vacation, floating holiday, or administrative leave. (f) Demotion: The City may demote an employee from their position to a lower position for cause. Documents related to a demotion shall become part of the employee’s personnel file when the demotion is final and documented in the performance evaluation. A demotion is discipline and is subject to the discipline appeal procedures described below.
(g) Dismissal: The City may dismiss an employee from their position for cause.

Documents related to the dismissal shall become a part of an employee’s personnel file when the dismissal is final. A dismissed employee is entitled to the discipline procedures and discipline appeal procedures described below. 1002.3 Discipline Procedures
The following discipline procedures only apply to the City’s non-sworn, for-cause employees. In addition, the following discipline procedures apply only to suspension without pay, reduction in pay, demotion, or dismissal.

The following discipline procedures do not apply to any at-will employees. 387 of 416
76 (a) “Skelly” Notice of Intended Disciplinary Action: A written notice of the intended disciplinary action will be given to the employee, that includes the following information:
1) The level of the intended discipline;
2) The specific charges that support the intended discipline; 3) A summary of the facts that show that the elements of each charge at issue in the intended discipline;
4) A copy of all materials upon which the City has based the intended discipline;
5) Notice of the employee’s right to respond to the Department Head regarding the intended discipline within seven (7) calendar days from the date of the notice, either by requesting a Skelly conference, or by providing a written response, or both;
6) Notice of the employee’s right to have a representative of their choice at the Skelly conference; and
7) Notice that the employee’s failure to respond by the date and time stated in the notice is a waiver of the employee’s right to respond prior to final discipline being imposed.
(b) Employee Response and Skelly Conference: If the employee requests a Skelly conference, the Department Head or designee will conduct an informal meeting with the employee. During the informal meeting, the employee shall have the opportunity to rebut the charges against them and present any mitigating circumstances. The Department Head will consider the employee’s response before issuing the disciplinary action. The employee’s failure to attend the conference, or to deliver a written response by the date specified in the Skelly notice, is a waiver of the right to respond, and the intended disciplinary action will be imposed on the date specified in the Skelly letter.
(c) Final Notice of Discipline: After the Skelly conference and/or timely receipt of the employee’s written response, if any, the Department Head will: (1) take no disciplinary action; (2) modify the intended discipline; or (3) impose the intended disciplinary action. In any case, the Department Head will provide the employee with a notice that contains the following:
1) The level of discipline, if any, to be imposed and the effective date of the discipline;
2) The specific charges upon which the discipline is based; 388 of 416
77 3) A summary of the facts that show that the elements of each charge at issue in the intended discipline;
4) A copy of all materials upon which the City has based the discipline; and 5) A reference to the employee’s appeal right and deadline to appeal. (d) Delivery of the Final Notice of Discipline: The final notice of discipline will be sent by mail method that verifies delivery to the last known address of the employee, or delivered to the employee in person. If the notice is not deliverable because the employee has moved without notifying the City, or the employee refuses to accept delivery, the effective date of discipline will be the date the post office or delivery service attempted delivery.
1002.4 Discipline Appeal Procedures
The following appeal procedures only apply to the City’s non-sworn, for-cause employees. In addition, the following appeal procedures apply only to suspension without pay, demotion, reduction in pay or dismissal. The following appeal procedures do not apply to at-will employees.
(a) Request for Appeal Hearing: An employee may submit a written request for appeal to the Personnel Officer within seven (7) calendar days from: (1) receipt of the final notice of discipline; or (2) the date of attempted delivery by the post office or delivery service of the notice to the last known address of the employee. An employee’s failure to file a timely written request for an appeal waives the employee’s right to an appeal hearing and any appeal of the discipline. (b) Personnel Officer Review: The Personnel Officer will review the Skelly letter, attachments to the Skelly letter, and the employee’s response, if any. The Personnel Officer may then amend, modify or annul the proposed disciplinary action. The Personnel Officer’s decision will be in writing and be prepared and delivered in the same manner as the Final Notice of Discipline from the Department Head.
(c) Request for Mediation: An employee may request mediation of the decision of the Personnel Officer by requesting mediation within seven (7) calendar days from: (1) receipt of the Personnel Officer’s final notice of discipline; or (2) the date of attempted delivery by the post office or delivery service of the notice to the last known address of the employee. An employee’s failure to file a timely written request for mediation or an appeal to the Personnel Board waives the employee’s right to mediation and an appeal hearing and any appeal of the discipline. (d) Request for Appeal Hearing Before the Personnel Board: An employee may submit a written request for an evidentiary hearing to the City Clerk within seven (7) calendar days from the completion of the mediation, if any, or within seven (7) 389 of 416
78 calendar days from the receipt or the attempted delivery of the Personnel Officer’s decision.
(e) Appeal Hearing Before the Personnel Board: The Personnel Board will receive a request for an appeal and set a date for the evidentiary hearing with the input of the employee and the City.
(f) Date and Time of the Appeal Hearing: The employee and the City will be notified in writing as to the date and time of the appeal hearing at least twenty-one (21) calendar days prior to the hearing.
(g) Prehearing Notice of Witnesses and Evidence: No later than ten (10) calendar days before the hearing date, each party will provide the other and the appeal hearing officer a list of all witnesses to be called (except rebuttal witnesses), and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing.

The City will use numbers to identify its evidence; the employee will use alphabet letters. Neither party will be permitted to call any witness or evidence that has not been listed, unless that party can show that the party could not have reasonably anticipated the need for the witness or exhibit.
(h) Subpoenas: Upon the request of either party, and upon their own motion, the hearing officer will issue subpoenas to compel attendance at the appeal hearing.

Each party is responsible for serving their/its own subpoenas. City employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. City employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually spend testifying. (i) Continuances: The Personnel Board may continue a scheduled hearing only upon good cause shown.
(j) Record of the Appeal Hearing: The Personnel Board may record the hearing, either electronically or by a court reporter. If the City orders a transcript or makes a transcript of the recording, the City will notify the employee within three (3) working days of ordering or making the transcript, and will provide a copy of the transcript upon receipt of the costs of duplication.
(k) Employee Appearance: The employee must appear personally before the Personnel Board at the time and place set for the hearing. The employee’s failure to appear waives the employee’s right to appeal before the Personnel Board. The employee may be represented by any person they may select. (l) Conduct of the Hearing:
1) Sworn Testimony: All witnesses must be sworn in prior to testifying. The Personnel Board or court reporter will request each witness to raise their hand and respond to the following: “Do you swear that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth?” 390 of 416
79 2) Evidence: Hearings need not be conducted according to technical Policies relating to evidence and witnesses, but hearings must be conducted in a manner that the Personnel Board decides is the most conducive to determining the truth. The Policies dealing with privileges are effective to the same extent that they are recognized in civil actions. Irrelevant or unduly repetitious evidence may be excluded. The Personnel Board will determine the relevance, weight and credibility of testimony and evidence.
3) Exclusion of Witnesses: During the examination of a witness, all other witnesses, except the parties, are excluded from the hearing. 4) Burden of Proof: The City has the burden of proof by the preponderance of the evidence.
5) Authority of the Personnel Board: The appeal hearing officer does not have the power to alter, amend, change, add to, or subtract from any of the terms of these Policies.
6) Professionalism: All parties and their attorneys or representatives will not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or the Personnel Board.
(m)Presentation of the Case: The parties will address their remarks, evidence, and objections to the Personnel Board. The Personnel Board may terminate argument at any time and issue a ruling regarding an objection or any other matter. The Personnel Board may limit redundant or irrelevant testimony, or directly question the witness. The hearing will proceed in the following order unless the appeal hearing officer directs otherwise:
1) The City is permitted to make an opening statement;
2) The employee is permitted to make an opening statement; 3) The City will produce its evidence;
4) The employee will produce its evidence;
5) The City, followed by the employee, may present rebuttal evidence; and 6) Oral closing arguments of no more than twenty (20) minutes may be permitted at the discretion of the appeal hearing officer. The City argues first, the employee argues second, and if the City reserved a portion of its time for rebuttal, the City may present a rebuttal.
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80 (n) Written Briefs: Either party may request to submit a written brief and/or a draft decision. The Personnel Board will determine whether to allow written briefs or draft decisions, the deadline for submitting briefs, and the page limit for briefs. (o) Personnel Board’s Decision: Within sixty (60) calendar days of the conclusion of the hearing, the appeal hearing officer shall make written findings and a final decision as to the discipline. There is no City process for reconsideration of the Personnel Board’s decision. The Personnel Board’s decision cannot be appealed through any grievance procedure.
(p) Proof of Service of the Written Findings and Decision: The Personnel Board will mail a copy of the final written findings and decision, along with a proof of service of mailing that confirms that each of the parties and each of the parties’ representatives were mailed the final written findings and decision. It is the responsibility of the employee to inform the Personnel Board of their current address. A copy of the decision will be provided to the Personnel Officer. 392 of 416
81 1100 Grievances
1102 Grievance Procedures
1102.1 Definition of a Grievance
A grievance is an alleged violation of a specific provision of these Policies or the unrepresented employee’s resolutions that adversely affects the employee and that contains all of the information listed in the “Statement of the Grievance” below. The following procedure applies to all City employees, unless any of the following apply: a memorandum of understanding that applies to the employee has a grievance procedure; another dispute resolution procedure applies to the dispute; or a discipline policy and appeal procedure applies. Also, the grievance procedure cannot be utilized to challenge the content of a performance evaluation.
1102.2 Statement of the Grievance
A concern is not a grievance unless the affected employee is able to state each of the following: the date of the alleged violation; the specific provision(s) of these Policies that were allegedly violated; a description of all facts regarding how the alleged violation occurred; and a list of all persons who are witnesses or are involved. The grievant may use a City form to make the Statement of the Grievance. A Statement of the Grievance must be signed by the employee filing the grievance to certify that it is filed in good faith. 1102.3 Timelines
Failure of the City to comply with the time limits of the grievance procedures allows the grievant to appeal to the next level of review. Failure of the grievant to comply with the time limits of the grievance procedures constitutes settlement and resolution of the grievance on the basis of the last disposition. The parties may only extend the time limits in this grievance procedure by mutual written agreement in advance of a deadline. 1102.4 Procedures
(a) Step 1 Informal Resolution with Supervisor: The employee must first work in good faith to resolve the grievance informally through discussion with their immediate supervisor no later than fourteen (14) calendar days after the grievant first became aware of the facts or circumstances resulting in the filing of the grievance. (b) Step 2 Department Head: If the employee believes that the grievance has not been resolved through Step 1, the employee may submit a written Statement of the Grievance to their Department Head. The employee must submit the Statement of the Grievance within fourteen (14) calendar days after the grievant first became aware that a grievance has occurred. The Department Head will consider, discuss the grievance with the grievant, and/or investigate as they deem appropriate, and will, within fourteen (14) calendar days of receipt of the written Statement of the Grievance, submit their decision in writing to the grievant. 393 of 416
82 (c) Step 3 Personnel Officer: If the employee believes that the grievance has not been resolved through Step 2, the employee may appeal the grievance decision of the Department Head to the Personnel Officer. The appeal must be filed within fourteen (14) calendar days of the date of the Department Head’s written decision.

The Personnel Officer shall consider, discuss the grievance with the grievant, and/or investigate as the Personnel Officer deems appropriate, and shall, within fourteen (14) calendar days of receipt of the written Statement of the Grievance, submit their decision in writing to the grievant. The decision of the Personnel Officer is final.
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83 1200 Miscellaneous Policies
1202 Personnel Files
1202.1 Confidential City Files
The City maintains a personnel file on each employee. Files are kept for at least four (4) years after separation of employment. A personnel file contains only material that the City deems necessary and relevant or that is required by law. Personnel files are the property of the City, and access to the information they contain is restricted to protect employee privacy interests.

A department may maintain a working personnel file on each employee. The working file may contain only the employee’s home address and telephone number, information for emergency contacts, pending investigations, and documents pertaining to employee performance to be used in performance evaluations or investigations. Any documents pertaining to employee performance or investigations must be included in the investigation or evaluation or discarded.
1202.2 Notification of Changes
Employees are responsible to promptly notify the Personnel Officer of any changes in their contact and benefits information, including: mailing address; telephone number; persons to contact in emergency; and number and names of dependents. 1202.3 Access to Applicant or Employee Medical Information Medical information about an employee or applicant is kept in separate medical or workers’ compensation files and is treated as confidential. Access to employee or applicant medical information is strictly limited to only those with a legitimate need to have such information for City business reasons, or if access is required by law, subpoena or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
1202.4 Employee Access to Personnel File
(a) Inspection of File: A current employee may inspect their own personnel file, at reasonable times and at reasonable intervals, within thirty (30) calendar days of a written request. A former employee is entitled to inspect their personnel records one (1) time per year. A current or former employee and/or their representative, who wishes to review their personnel file should make a written request to the Personnel Officer. The inspection must occur in the presence of the Personnel Officer or designee and: (1) at a location where the employee works and at a time other than the employee’s work time; or (2) at another agreed upon location without loss of compensation to the employee.
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84 (b) Copies: A current or former employee is entitled to receive a copy of their personnel records within thirty (30) calendar days after the employer receives a written request. A current or former employee who wishes to receive such a copy should contact the Personnel Officer or designee in writing. The City may charge a fee for the actual cost of copying.
(c) Representative’s Inspection: If the current or former employee wishes to have another person/representative inspect their personnel file, they must provide the person/representative with written authorization. The Personnel Officer or designee will notify the employee and/or representative of the date, time and place of the inspection in writing.
(d) No Removal of File Documents: No person inspecting a personnel file is permitted to add or remove any document or other item to/from the personnel file. 1202.5 Limitations on Access or Copying of Personnel File Prior to making a copy of personnel records or allowing inspection, the City may redact the names of nonsupervisory employees. Under no circumstances will the City provide access or copying of the following categories of personnel file documents: records relating to the investigation of a possible criminal offense; letters of reference; ratings, reports, or records that were obtained prior to employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination. 396 of 416
85 1204 Limitations on Outside Employment
1204.1 No Outside Employment Without Prior Approval
Employees may not engage in any paid or self-employment, activity, or enterprise which is inconsistent, incompatible or in conflict with their City duties, functions, responsibilities, or that of the department in which they are employed. In order to avoid perceived or actual conflicts of interest that may arise from outside employment, employees must obtain written approval from the Personnel Officer or designee prior to undertaking any outside employment as described in this policy.
1204.2 Authorization and Appeal Process
(a) Written Request: Any employee who wants to undertake a paid outside employment, activity, or enterprise must submit a written request to their Department Head. The written request must include: (1) the work hours and/or time required; (2) job title or the nature of the activity; (3) the work location; and (4) the supervisor, manager and name of the employer or activity. (b) Analysis and Decision: The Department Head will determine if the outside employment, activity, or enterprise is compatible with the employee’s employment at the City. If the Department Head determines such activity is compatible, or would be if any conditions or restrictions applied, they will authorize the activity and specify the conditions/restrictions in writing, give the employee the outside employment authorization, and place a copy of the written authorization in the employee’s personnel file.
(c) One Year Authorization: An outside employment authorization is valid only up to one (1) year. Should the employee continue the outside employment, activity, or enterprise for a longer duration, they must make another request following the process in this policy.
(d) Appeal: If the Department Head denies an employee’s outside employment request, the employee may submit a written notice of appeal to the City Manager within ten (10) calendar days after the date of the denial. The decision on appeal will be put in writing, provided within ten (10) calendar days after the receipt of the appeal, and is final.
1204.3 Prohibited Outside Activities
An employee’s outside employment, activity, or enterprise may be prohibited if it:
(a) Involves the use for private gain or advantage of City time, facilities, equipment, supplies, or the badge, uniform, prestige, or influence of the City or employment; (b) Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for doing something or not doing 397 of 416
86 something which the employee would be required or expected to do in the regular course of their City employment;
(c) Involves the performance of an act in other than their capacity as a employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by the employee or the department where the employee is employed; or
(d) Involves time demands that would render the employee’s performance of their regular City employment less efficient or dangerous to the employee. 1204.4 Changes in Outside Employment Status
The employee must promptly report in writing to the Personnel Officer any of the following changes that may occur during the year of an authorized outside employment: the outside employment ends; or the authorized employment changes as to the number of work hours, location, or types of duties.
1204.5 Revocation / Suspension of Outside Employment Authorization Any outside employment authorization may be revoked or suspended during the year it is granted under the circumstances listed below. An employee may appeal the revocation or suspension as provided in this policy.
(a) The employee’s work performance declines; or
(b) An employee’s conduct or outside employment conflicts with the conditions of the outside work authorization or is incompatible with the employee’s work for the City. 1204.6 Use of City Equipment Prohibited
Under no circumstances may an employee use any City equipment, vehicles, tools, supplies, machines, or any other item that is City property while an employee is engaged in any outside employment, activity or enterprise.
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87 1206 Limitations on Political Activity
1206.1 No Solicitation During Work Hours or in City Offices Employees or officers may not solicit or receive political funds or contributions to promote the passage or defeat of any ballot measure that would affect working conditions during the working hours of its officers and employees, or in work areas of City offices. 1206.2 No Targeted Solicitation of City Officers or Employees Employees, officers, or candidates for elective office of the City, may not directly or indirectly solicit political contributions from other officers or employees unless the solicitation is part of a solicitation made to a significant segment of the public which may incidentally include officers from and employees.
1206.3 No Political Activity in Uniform
No employee or official may participate in political activities of any kind while in a City uniform or other City-issued clothing.
1206.4 No Political Activity on City Property or Work Hours City employees and officials are prohibited from participating in political activity during working hours or on City property.
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88 1208 Prohibitions on Drugs and Alcohol in the Workplace 1208.1 Purpose and Scope
The purpose of this policy is to promote a drug and alcohol-free workplace and to eliminate drug and alcohol-related inefficiencies and risks. This policy applies to all City employees, whether they are on City property, or they are performing City-related business elsewhere, except as this policy may be superseded by a current memorandum of understanding or federally mandated drug and alcohol policies. Compliance with this policy is a condition of employment. Disciplinary action will be taken against those who violate this policy.
1208.2 Drug- and Alcohol-Free Awareness Program
The City’s employee assistance provider offers counseling and treatment of drug- or alcohol-related problems. The employee assistance provider has information about: (1) the dangers of drug or alcohol abuse in the workplace; (2) the penalties that may be imposed for drug or alcohol abuse violations; (3) the City’s policy of maintaining a drugand alcohol-free workplace; and (4) any available drug or alcohol counseling, rehabilitation or employee assistance programs.
1208.3 Prohibited Conduct
(a) The manufacture, distribution, sale, dispensation, possession, or use of any controlled substance, narcotic (including marijuana), or prescription drug that has not been lawfully prescribed to the employee in either City workplaces or wherever City business is performed.
(b) Working or being subject to call in if impaired by alcohol or any controlled substance, narcotic (including marijuana), or prescription drug that has not been lawfully prescribed to the employee.
(c) An employee’s failure to notify their Department Head before beginning work when the employee is taking medications or drugs, including but not limited to:
prescription drugs, over the counter medications, or illegal drugs or narcotics (including marijuana) which could interfere with the safe and effective performance of duties or operation of City equipment. The employee is not required to name the prescription drug.
(d) An employee’s failure to notify the Personnel Officer of any criminal conviction for a drug violation that occurred in the workplace within five (5) calendar days after such conviction.
(e) An employee’s criminal conviction for a drug violation that occurred in the workplace.
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89 1208.4 Drug and Alcohol Testing
The City has discretion to test applicants and employees for alcohol and drug use under the following circumstances. The City will use an outside laboratory to perform all testing. (a) Pre-Employment Testing for External Applicants for Certain Jobs: Those external applicants who apply for certain jobs where a special need for pre-employment drug and alcohol testing exists must take and pass a drug and alcohol test following a conditional offer of employment. The categories of jobs subject to preemployment drug and alcohol testing include, but is not limited to, the following:
1) Safety sensitive jobs that have public safety implications, such as operating heavy trucks to transport hazardous material, protecting national security, enforcing drug laws, and/or operating natural gas pipelines; and 2) Jobs that involve the direct influence over children. (b) Reasonable Suspicion Testing: The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances.
1) “Reasonable suspicion” to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use, or an accident involving City property or equipment.
2) Document and Analysis: In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion in writing and analyze the matter with the Department Head or Personnel Officer. Any reasonable suspicion testing must be pre-approved by the Department Head or Personnel Officer.
3) Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and the Department Head or Personnel Officer have approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
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90 4) Confirmation Test: Following a confirmed positive test result for substance abuse, the employee may request to have a secondary confirmation test performed from the initial sample within forty-eight (48) hours of being notified that the initial test result was a confirmed positive. If the employee chooses to have a secondary test performed, the employee is responsible for all costs associated with performing the secondary confirmation test. This policy does not apply to pre-employment screenings unless required by law. 1208.5 Tobacco-Free Workplace
The City is committed to promoting a safe and healthy workplace for its employees and the public. The use of tobacco in any form is prohibited in every City office, in City vehicles, and within twenty (20) feet of any main entrance, exit or operable window of any City office. This Policy prohibits any method of tobacco use, including spit tobacco, cigarette smoking, vaping, and electronic smoking devices. In order to protect employees and the public from second-hand smoke or tobacco odors, employees who smoke in permissible areas must make all reasonable efforts to prevent smoke or tobacco odors from lingering on their clothing, hair, or breath while they are working for the City. 402 of 416
91 1210 Use of City Equipment or Resources
1210.1 Policy and Applicability
City equipment and resources may only be used to conduct City business, except for incidental personal use that is consistent with this policy. City equipment and resources are non-public forums. City employees are required to adhere to this policy. 1210.2 Agency Equipment or Resources
City equipment or resources is any City-owned or supplied item or resource, including, but not limited to: intellectual property (e.g., photographs, plans, drawings, formulas, customer lists, designs, formulas), vehicles, telephones, cell phones, telecommunications equipment, pagers, tools, machines, supplies, copy machines, facsimile machines, desks, office equipment, office supplies, laptops, tablets, computers (including hardware and software), video or audio equipment, file cabinets, lockers, Wi-Fi, internet, intranet, City network, City-hosted social media, data systems, routers, voice mail, servers, and email or voice mail communications stored in or transmitted through City electronic resources, or equipment.
1210.3 No Expectation of Privacy
The City periodically and without prior notice, monitors, reviews, accesses, or retrieves data from its equipment or resources, including electronic communications and content contained in or transmitted through City networks or electronic resources. City employees must provide the agency with the employee’s username or password for any City-issued equipment or resource. The existence of passwords or delete functions does not restrict the City’s access. City employees are prohibited from using their own locks on City storage areas or cabinets. City employees have no expectation of privacy in their use of any City storage areas, cabinets, equipment, or resources. 1210.4 Appropriate Use Only -- No Misuse
Employees may only use City equipment or resources in compliance with City policies.

Except as authorized by this policy, employees are expected to avoid any use which is unrelated to City business, destructive, wasteful, or illegal. The City has discretion to restrict or rescind employee access to City equipment or resources. The following are examples of misuse of City equipment or resources:
(a) Any use that violates applicable law and/or City policies, Policies or procedures; (b) Exposing others to material which is offensive, harassing, obscene or in poor taste.

This includes information which could create an intimidating, offensive or hostile work environment;
(c) Any use that may create or further a hostile attitude or give offense on the basis of race, color, religion, sex, gender, gender expression, gender identity, national 403 of 416
92 origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, reproductive health decision-making, genetic information, sexual orientation, veteran status, or any other basis protected by law; (d) Communication of confidential City information to unauthorized individuals within or outside of the City;
(e) Unauthorized attempts to access or use City data or break into any City or nonCity system; (f) Theft or unauthorized transmission or copying of paper or electronic files or data; (g) Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass communication;
(h) Misrepresentation of one’s identity for improper or illegal purposes; (i) Personal commercial or business activities (e.g., “for sale” notices, personal ads, etc.);
(j) Transmitting/accessing obscene material and/or pornography; (k) E-Commerce;
(l) Online gambling;
(m)Installing or downloading unauthorized software or equipment; (n) Violating terms of software licensing agreements;
(o) Using City equipment or resources to access and/or use dating web resources, personal social media, or games of any type;
(p) Any unauthorized access to City equipment or resources, including: using keys or key cards; using or disclosing the username or password of another person or employee to gain access to their email or other electronic resources; or making City equipment or resources available to others who would otherwise have no authorized access; and
(q) Using City equipment or resources to speak on the City’s behalf without authorization.
1210.5 City Email Address Must be Used for City Business The City’s email system is an official communication tool for City business. The City establishes and assigns official email addresses to each employee as the City deems necessary. Employees must send all City communications that are sent via email to and 404 of 416
93 from their official City email address. Employees are prohibited from using their private email address when communicating City business via email. Should an email related to City business be sent to an employee’s personal email account, the employee should immediately forward that email to the employee’s City email account and respond to that email using the employee’s City email address.
1210.6 Incidental Personal Use of City Communications Equipment Permitted Employees may use City telephones, cell phones, internet access, and e-mail for incidental personal communications provided that the use:
(a) Is kept to a minimum and limited to break times or non-working hours; (b) Does not interfere or conflict with City operations or the work performance of any City employees;
(c) Allows the employee to more efficiently perform City work; (d) Is not abusive, illegal, inappropriate, or prohibited by this policy (for example, no social media use, no electronic dating, no gaming); and (e) Clearly indicates it is for personal use and does not indicate or imply City sponsorship or endorsement.
1210.7 Limitation on Use of Wireless Devices While Driving In Course of Employment
City employees who use a wireless device at any time while driving in the course of their City employment may only operate that device using hands-free mode. Under no circumstances may City employees read/send/compose text messages, emails, or instant messages while driving on City time. Employees may only access wireless devices while driving if: 1) the device is mounted on the vehicle’s windshield or dashboard or center console; and 2) the device can be used in a hands-free mode.

Per California Vehicle Code section 23123(c), this rule does not apply to the use of a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. This rule does not apply to an emergency services professional using a wireless device while operating an authorized emergency vehicle, as defined in Vehicle Code section 165, in the course and scope of their duties 405 of 416
94 1212 Policy Against Violence in the Workplace
1212.1 Safe and Secure Workplace
The City is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy may lead to criminal prosecution, and/or disciplinary action, up to and including termination. 1212.2 Prohibited Behavior
Employees are prohibited from participating in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment. The City has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.
1212.3 Workplace Violence
“Workplace violence” is defined as any conduct that causes an individual to reasonably fear for their personal safety or the safety of their family, friends, and/or property. Specific examples of workplace violence include, but are not limited to, the following:
(a) Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property;
(b) The destruction of, or threat of destruction of City property or another employee’s property;
(c) Fighting, challenging another person to fight, or participating in dangerous or threatening horseplay;
(d) Striking, punching, slapping, or assaulting another person; (e) Grabbing, pinching, or touching another person in an unwanted way whether sexually or otherwise;
(f) Harassing or threatening phone calls;
(g) Surveillance;
(h) Stalking; and
(i) Possessing a weapon(s) during work hours unless the City issues the weapon(s) for performance of the job. “Weapon” is defined as a firearm, chemical agent, club or baton, knife, or any other device, tool, or implement that can cause bodily harm 406 of 416
95 if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.
1212.4 Incident Reporting Procedures
(a) Employees must immediately report to their supervisor or department director whether they have been a victim of, or have witnessed, workplace violence. The supervisor or department director will immediately report the matter to the Personnel Officer.
(b) The Personnel Officer or their designee will document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.
(c) The Personnel Officer or designee will take appropriate steps to provide security, such as:
1) Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation;
2) Asking any threatening or potentially violent person to leave the site; or 3) Immediately contacting an appropriate law enforcement agency. 1212.5 Investigation
The Personnel Officer will see that reported violations of this policy are investigated as necessary.
1212.6 Prevention
Department Heads have the authority to enforce this policy by:
(a) Training supervisors and subordinates about their responsibilities under this policy; (b) Assuring that reports of workplace violence are accurately and timely documented and addressed;
(c) Notifying the Personnel Officer and/or law enforcement authorities of any incidents; (d) Making all reasonable efforts to maintain a safe and secure workplace; and (e) Maintaining records and follow up actions as to reports of workplace violence. 407 of 416
96 1214 Appearance Standards
1214.1 Basis for Standards
These dress code, tattoo, and body piercing appearance standards are designed to promote the City’s legitimate and non-discriminatory goals to promote workplace safety and a professional image that is consistent with the employee’s job duties and level of public contact.
1214.2 Dress Code
Employees are required to dress appropriately for the jobs they are performing. The following dress code regulations applies to City employees. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination:
(a) Clothing and footwear must be neat, clean, in good repair, and appropriate for the work environment, and functions performed;
(b) Prescribed uniforms and safety equipment must be worn; (c) Hair must be neat, clean, and groomed;
(d) Beards, mustaches, and sideburns must be maintained in neat and groomed fashion;
(e) Jewelry that does not pierce the skin is acceptable except if it constitutes a health or safety hazard;
(f) Good personal hygiene is required; and
(g) Dress must be professionally appropriate to the work setting, particularly if the employee has contact with the public at work.
1214.3 Tattoos
Employees are expected to project a professional appearance while at work and must abide by the standards below. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination.
(a) No offensive or inappropriate tattoos are allowed anywhere on the head, face, or neck;
(b) Any visible tattoos shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, extremist, and/or gang-related; 408 of 416
97 (c) Any non-conforming tattoos must be covered with clothing, bandage or makeup while at work, or removed.
1214.4 Piercing
Employees are expected to project a professional appearance while at work and not endanger themselves or others with excessive body piercing. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination. 409 of 416
98 1216 Teleworking Policy
1216.1 Mandatory Teleworking During Exigent Circumstances If an urgent circumstance exists, the City may direct City employees to remain at their places of residence and implement teleworking in order to continue essential City services.

Urgent circumstances may include, but are not limited to, war, public health emergencies, power failures, natural and man-made disasters, and other states of emergency.

If the City Manager determines teleworking for City employees is necessary in an urgent circumstance, the City Manager may implement policies the City Manager deems necessary to provide for the continuity of essential City services. 1216.2 Duties, Obligations and Responsibilities for Teleworking Employees Teleworking employees must follow these Policies:
1216.2.1 General Duties, Obligations, and Responsibilities (a) Existing duties, obligations, responsibilities and conditions of employment remain unchanged. Teleworking employees must abide by all City and departmental policies and procedures, standards of professionalism, Policies and regulations. (b) Teleworking employees’ existing supervisory relationships, lines of authority and supervisory practices remain in effect.
(c) Teleworking employees are required to be accessible in the same manner as if they were working at a City worksite or facility during the established teleworking work schedule. Teleworking employees must be accessible via telephone, email, and/or network access to their supervisor and other City employees while teleworking, as if working at their City worksite. Teleworking employees shall check their City-related business phone messages and emails on a consistent basis, as if working at their City worksite.
1216.2.2 Teleworking Schedule, Overtime, Leave, Benefits (a) For overtime-eligible employees, the City will either provide such employee: (1) a work schedule that includes designated meal and rest breaks (“Work Schedule”); or (2) authorization to work on an intermittent basis.
(b) For overtime-eligible employees assigned a Work Schedule, any deviation from the Work Schedule must be approved in advance, in writing, by the employee’s supervisor or manager and the Department Head. An overtime-eligible employee who fails to get written authorization before teleworking outside their normal work hours may face discipline for working unauthorized overtime. 410 of 416
99 (c) Overtime-eligible employees, regardless of whether assigned a Work Schedule or authorized to work intermittently, must take meal and rest breaks while teleworking as required under applicable law and/or under applicable MOU or City policy. (d) For overtime-eligible employees assigned a Work Schedule, all periods of teleworking employees’ unavailability must be approved in advance by their supervisor or manager and the Department Head in accordance with City policy and documented on the appropriate leave request form. For overtime-eligible employees authorized to work intermittently, any period of teleworking employees’ unavailability lasting longer than thirty (30) minutes must be approved in advance by their supervisor or manager.
(e) Overtime-eligible employees, regardless of whether assigned a Work Schedule or authorized to work intermittently, are required to report in a timely manner all hours worked and make that record available to their supervisor upon request.

Employees shall record all work time and leave taken during each work day on the timesheet.
(f) Employees must abide by City Policies and procedures for requests of sick, vacation and other leaves of absences. If an employee becomes ill, they shall notify their supervisor or manager immediately and record on their timesheet any hours not worked due to illness.
(g) Teleworking employees’ salary and benefits remain unchanged. (h) Workers’ Compensation benefits will apply only to injuries arising out of and in the course of employment as defined by Workers’ Compensation law. Teleworking employees must report any such work-related injuries to their supervisor or manager immediately. The City is not be responsible for injuries or property damage unrelated to City work activities, including injuries to third-persons. 1216.2.3 Space and Equipment, Information Security, Confidentiality (a) Teleworking employees will either receive approval to use personal computer equipment or will be provided with City-issued equipment at the discretion of the City Manager.
(b) If the City provided any equipment, teleworking employees agree to follow the City’s policy for the use of such equipment. Teleworking employees must immediately report to their supervisor any loss, damage, or unauthorized access to City-owned equipment.
(c) Employees must take reasonable precautions to ensure devices (e.g., computers, laptops, tablets, smart phones, etc.) are secure before connecting remotely to the City’s network. Employees must close or secure all connections to City desktop or system resources (e.g., remote desktop, VPN connections, etc.) when not 411 of 416
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conducting work for the City. Employees must maintain adequate firewall and security protection on all devices used to conduct City work. (d) Teleworking employees shall use the same precautions to safeguard electronic and paper information, protect confidentiality, and adhere to the City’s records retention policies and the Public Records Act. Teleworking employees must safeguard all sensitive and confidential information (both on paper and in electronic form) relating to City work they access while teleworking. Teleworking employees must also take reasonable precautions to prevent others from accessing or handling sensitive and confidential City information. Teleworking employees must return all records, documents, and correspondence to the City at the conclusion of teleworking or upon request by their supervisor or Department Head. 1216.2.4 Miscellaneous Conditions of Teleworking
(a) Teleworking employees must promptly notify their supervisor or manager when unable to perform work assignments because of equipment failure or any other unforeseen circumstances.

(b) Teleworking employees must work in a location that is quiet and free of distractions and which has reliable and secure power, internet and/or wireless access. (c) Teleworking employees must ensure any dependent care responsibilities do not interfere with work responsibilities.
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1218 Reimbursable Expenses for Teleworking Employees
1218.1 Purpose
The purpose of this policy is to provide the conditions and requirements for reimbursements for certain teleworking expenses.
1218.2 Teleworking Expenses Subject to Reimbursement
The City reimburses employees only for those teleworking expenses incurred which are necessary for the employee to perform the job duties assigned. Expenses may include the following:

1. Computer, if the employee does not have such a device and the City does not have such a device to lend to the employee;

2. Computer monitor, if the employee does not have such a device and the City does not have such a device to lend to the employee;

3. Keyboard and mouse, if the employee does not have such devices and the City does not have such devices to lend to the employee;

4. Teleconferencing equipment (i.e., a video camera and microphone), if the employee does not have such a device and the City does not have such equipment to lend to the employee;

5. A desk and desk chair, if the employee does not have such furniture and the City does not have such furniture to lend to the employee; and

6. Internet use attributable to teleworking.
1218.3 Employee Must Receive Prior Approval for Reimbursable Expenses If a teleworking employee expects to incur an expense that is subject to reimbursement as identified in this policy, that employee is required to file with their manager or supervisor, a Teleworking Expense Reimbursement Form. The manager or supervisor will discuss the expense with the Department Head who will make a determination. The determination of the Department Head is final and not subject to appeal or grievance. 1218.4 Process for Requesting Reimbursement for Teleworking Expenses Not Covered Above
An employee that believes that other equipment, furniture or supplies are necessary in order for the employee to perform assigned job duties from their telework location may request that the City provide reimbursement. In order to request reimbursement for an expense not listed above, the employee may file with their Supervisor or Manager, a Teleworking Expense Reimbursement Request form. The manager or supervisor will 413 of 416
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discuss the request with the Department Head who will make a determination as to the expense at issue. The determination of the Department Head is final and not subject to appeal or grievance.
1218.5 Amount of Reimbursement for One-Time and Recurring Expenses The City may reimburse one-time and recurring expenses of teleworking employees in amounts the Personnel Officer determines to be appropriate. 414 of 416
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1220 Prohibition on Receiving Gifts
1220.1 Scope of Prohibition
Unless an exception described below applies, no City official, or City employee, including full-time, part-time, contract, or temporary employees, or City volunteer may accept any gift in connection with their service to the City. This prohibition includes, but is not limited to: 1) gifts from vendors in return to placing an order; 2) alcohol; 3) money; 4) payments for travel, entertainment, or food/meals; or 5) anything of value, a service, a loan, a thing or promise, or a discount or rebate, unless something of equal or greater value of any of those things is given in exchange.
1220.2 Prohibited Gifts Must Be Promptly and Graciously Returned Upon being offered or receiving a gift that this policy prohibits, the City official, employee, or volunteer, must promptly notify the gift giver of this prohibition and graciously decline and return the gift. If the gift is anonymous, the recipient must deliver the gift to the City Manager, who will convey the gift to a charitable organization. 1220.3 Exceptions to Gift Prohibition
Despite this prohibition on accepting or receiving gifts, City officials, employees, or volunteers may accept the following:
1) edible gifts of a nominal value, provided the gift is placed in an area where it can be shared with other City colleagues or the public;
2) items, such as flowers, that can be displayed in public areas of City Hall, the Police Department, or the Public Works building;
3) handmade gifts from children under age 16;
4) any discount or rebate made in the regular course of business and offered to the general public without regard to the recipient’s connection to the City; 5) inheritances;
6) plaques or trophies;
7) campaign contributions as allowed by law for candidates for elected office; or 8) the City may accept donations or bequests that are approved by the City Attorney and City Council in a public meeting, provided that the gift is in furtherance of the City’s governmental purposes.
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1222 Education Reimbursement
1222.1 Policy
The City pays for its employees’ education in the following three (3) areas and under the following conditions, to the extent that City funds are budgeted and available: college or university courses; required training to maintain current status in an existing position; and job-relevant seminars/conferences.
1222.2 College or University Courses
The City reimburses employees who attend college or university courses up to $2,500 annually for the cost of tuition and books under the following conditions:
(a) Prior to registration, the employee must submit a written request for authorization that includes a copy of the course description and an estimate of the costs for tuition and books;
(c) Successfully complete the course(s) with a grade of “C” or better; (d) Submit a written request for reimbursement with a copy of the grade report the employee attained and a copy of the receipt for the payment of tuition and books. (e) College or university courses must be relevant to the position the employee is working in.
1222.3 Training Required to Maintain Current Position
The City pays for continuing education that is required for an employee to retain the employee’s current position; and POST courses that are required to maintain an officer’s or dispatcher’s current position.
1222.4 Job-Related Seminars or Conferences
Subject to department head approval, the City pays for an employee to attend a jobrelated seminars and conferences. 416 of 416