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E-13 Staff Report - Adoption of Employee Handbook Policies
CONSENT ITEM E-13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: TALIKA M. JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES DATE: DECEMBER 4, 2023 SUBJECT: ADOPTION OF EMPLOYEE HANDBOOK - POLICIES BACKGROUND: The recommended action adopts an updated Employee Handbook (Policies) and authorizes the City Manager, or their designee, to periodically update the Policies as applicable to stay complaint with state and federal law and to stay current with best practices. RECOMMENDATION: Staff recommends the City Council take the following action: 1) Adopt Resolution No. 2023-C73, adopting an updated Employee Handbook (Policies). ANALYSIS: The City has two sets of rules and regulations/policies which sets forth expectations of acceptable and unacceptable conduct by employees and provides a list of employer responsibilities. First, is City of Azusa Rules of the Civil Service (Rules), originally adopted by the City Council on May 16, 1988. Second, is an Employee Handbook which contains a list of administrative policies (Policies) covering the employer’s legal obligations and also best practices in employee-employer relations. As with other policies, the Rules need to be updated periodically to address changes in the law, best practices, and the City’s operations. Updating the Rules requires a “meet and confer” process with the City’s eight (8) bargaining groups, review and recommendation of the City’s Personnel Board, and adoption by the City Council. This report is not recommending any updates to the Rules at this time, however, Staff intends to soon begin the meet and confer process with its labor groups to update the City of Azusa Rules of the Civil Service. Staff began working on a comprehensive review and update of the City’s administrative policies in 2021 and vetted proposed revisions through multiple rounds of review by City employee bargaining groups and management staff, and has updated a comprehensive set of Policies. The final proposed updates make the Policies compliant with current law, clarify and streamline language, and incorporate other best practices. Approved City Council December 4, 2023 Updated Employee Handbook - Policies December 4, 2023 Page 2 While the City Manager has authority to create and update many administrative policies, over the years the City Council has adopted versions of the policies contained in the proposed updated Employee Handbook, and therefore, Staff is seeking Council’s review and adoption of the proposed list of Policies, rescinding any former adopted versions thereof. If any of the Policies in the Employee Handbook contradict any portion of the City of Azusa Rules of the Civil Service, the Rules will take precedence, unless otherwise in conflict with Current Law. Some Policies which may be of keen interest to the City Council are those which require compliance with Current Law: • Leaves of Absence Policy including: Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the California Pregnancy Disability Leave Law (PDL) • Equal Employment Opportunity Policy • Reasonable Accommodation (ADA) Policy • Anti-harassment and Non-discrimination Policy Exhibit A in the attached resolution is a list from the City Clerk’s Office, highlighting those Policies and Procedures previously adopted which will be rescinded with the adoption of the updated Policies, Exhibit B. Further, adoption of the attached resolutions authorizes the City Manager, or their designee, to administratively add, remove, or edit any policy within the Employee Handbook after necessary meet and confers, as applicable to remain compliant with Current Law and Best Practices. Following adoption, the updated Employee Handbook – Policies will be distributed to and reviewed with all City Staff, and periodically thereafter. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. Prepared by: Reviewed and Approved: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1.Resolution No. 2023-C73 2.Exhibit A – Current list of Policies and Procedures 3.Exhibit B – Employee Handbook - Policies RESOLUTION NO. 2023-C73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING AN UPDATED EMPLOYEE HANDBOOK - POLCIEIS AND DELEGATING AUTHORITY TO THE CITY MANAGER TO MAKE PERIODIC CHANGES EMPLOYEE HANBOOK - POLCIEIS WHEREAS, over the years, the City Council has formally adopted personnel related Policies and Procedures, Exhibit A, and City Management has administratively adopted several other personnel policies; and WHEREAS, the City of Azusa has a comprehensive list of personnel policies which need to be periodically reviewed and updated to comply with Current Laws and Best Practices; and WHEREAS, in 2021, Human Resources initiated a review of the City’s Employee Handbook and determined new policies needed to be added and existing policies needed updates to comply with Current Law and Best Practices; and WHEREAS, such updates and changes will provide an added protection against potential liability and a resource tool for current employee and upcoming hires to promote efficient and effective processes; and WHEREAS, Human Resources and City Management has met and conferred with its labor bargaining groups and have tentatively agreed to the policy updates in the Employee Handbook - Policies enclosed herein as Exhibit B; and WHEREAS, Staff is seeking adoption of an updated Employee Handbook - Policies; and WHEREAS, the City Council, has been provided the updated Employee Handbook – Policies and wishes to approve the same, granting authority to the City Manager, or their designee, to administratively add, remove, or edit any policy within the Employee Handbook after necessary meet and confers, as applicable to remain compliant with Current Law and Best Practices. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Azusa does hereby: SECTION 1: Rescinds all formerly adopted Policies and Procedures highlighted in Exhibit A. SECTION 2: Adopts the updated Employee Handbook – Policies in Exhibit B, and delegates the City Manager to sign in approval of the policies. SECTION 3: Authorize the City Manager, or their designee, to administratively add, remove, or edit any policy within the Employee Handbook after necessary meet and confers, as applicable to remain compliant with Current Law and Best Practices. ADOPTED AND APPROVED this 4th day of December 2023. ROBERT GONZALES, MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof on the 4th day of December 2023 by the following vote of Council: AYES: CITY COUNCIL MEMBERS: NOES: CITY COUNCIL MEMBERS: ABSENT: CITY COUNCIL MEMBERS: JEFFREY LAWRENCE CORNEJO, CITY CLERK EXHIBIT A “LIST OF FORMERLY ADOPTED POLICIES AND PROCEDURES” EXHIBIT B “UPDATED EMPLOYEE HANDBOOK - POLICIES” RR R R R RR R RR R R RR R R R R RRR R RR R City of Azusa Employee Handbook Policies Table of Contents REASONABLE ACCOMMODATION .......................................................................................................................... 4 RELIGIOUS ACCOMMODATION ............................................................................................................................. 17 OUT-OF-CLASS ASSIGNMENT ............................................................................................................................... 21 HOLIDAY .................................................................................................................................................................. 25 WORKPLACE VIOLENCE PREVENTION ................................................................................................................ 28 UNIFORM ................................................................................................................................................................. 37 TRAVEL AND BUSINESS EXPENSES..................................................................................................................... 41 DRESS CODE ........................................................................................................................................................... 53 TOBACCO -FREE ...................................................................................................................................................... 58 DISASTER SERVICE WORKER ............................................................................................................................... 60 MEDIA INQUIRY ....................................................................................................................................................... 67 CONFLICT OF INTEREST ........................................................................................................................................ 73 ABUSIVE CONDUCT ................................................................................................................................................ 76 ANTI-HARASSMENT ................................................................................................................................................ 82 ANTI-NEPOTISM ...................................................................................................................................................... 92 CATASTROPHIC LEAVE DONATION ...................................................................................................................... 98 CONSENSUAL ROMANTIC RELATIONSHIP ......................................................................................................... 104 DOT/FMCSA MANDATED POLICY ........................................................................................................................ 109 DRUG-FREE WORKPLACE ................................................................................................................................... 132 FAMILY MEDICAL LEAVE & PREGNANCY DISABILITY LEAVE .......................................................................... 146 GLOBAL POSITIONING SYSTEMS (GPS) IN CITY VEHICLES ............................................................................. 188 IDENTIFICATION BADGE ...................................................................................................................................... 194 INFORMATION TECHNOLOGY APPROPRIATE USE ........................................................................................... 197 LACTATION ACCOMMODATION .......................................................................................................................... 218 MODIFIED DUTY .................................................................................................................................................... 221 OUTSIDE EMPLOYMENT ...................................................................................................................................... 225 PERFORMANCE EVALUATION ............................................................................................................................. 231 REFERENCE .......................................................................................................................................................... 236 TELECOMMUTING ................................................................................................................................................. 240 TUITION REIMBURSEMENT .................................................................................................................................. 248 USE OF CITY EQUIPMENT, RESOURCES, AND TIME .......................................................................................... 257 USE OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT ..................................................................... 260 FRAUD, WASTE and ABUSE POLICY………………………………………………………………………………………267 Page 004 I.PURPOSE The purpose of this policy is to provide an overview of legal obligations under the law and procedures for conducting reasonable accommodation assessments for job applicants and current City employees with disabilities. II.POLICY The City of Azusa is committed to maintaining a discrimination free workplace. It is our intent to provide equal employment opportunity to individuals with disabilities by ensuring that selection and employment practices include efforts to reasonably accommodate employees and candidates with disabilities for employment by fully complying with federal and California state laws. The City of Azusa is committed to making every effort to retain employees who are no longer able to perform the essential functions of their job. III.APPLICABILITY This policy applies to all permanent, temporary, and part-time employees, as well as volunteers, contractors, and elected and appointed officials. IV.DEFINITIONS A.Disability: 1.Federal: An impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. CITY OF AZUSA ADMINISTRATIVE POLICY REASONABLE ACCOMMODATIONS POLICY REASONABLE ACCOMMODATIONS POLICY PAGE 2 of 8 Page 005 2.California: The California Fair Employment and Housing Act (FEHA) extends protection to an individual with an actual or perceived physical or mental disability that limits a major life activity. B.Essential Functions: Essential functions are the fundamental job duties of the position. This does not include marginal functions of the position. C.Qualified Individual with Disability: A person with a disability who meets legitimate skill, experience, education and other job-related requirements of a position held or sought and who can perform the essential functions of the position with or without an accommodation. D.Reasonable Accommodation: Any modification or adjustment to a job, employment practice or the work environment that enables an individual with a disability to participate in an application process, to perform the essential functions of a position, or to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without disabilities. E.Undue Hardship: An undue hardship is a requested accommodation that requires significant difficulty or expense in relation to the size of the employer, the resources available and the nature of the operation. It may include any action that is unduly costly, extensive, substantial, disruptive or would fundamentally alter the nature or operations of the business. Undue hardship is determined on a case-by-case basis. V.RESPONSIBILITIES Human Resources Office shall have the responsibility for the enforcement of this policy, including: A.Designating a Reasonable Accommodations Coordinator (Disability Coordinator) to provide internal expertise to management and disabled individuals regarding the reasonable accommodation process. B.Inform employees of the procedure for requesting a reasonable accommodation. C.Engaging in a timely, interactive process, conducted in good faith when presented with an oral or written request for accommodation by an employee or job applicant. REASONABLE ACCOMMODATIONS POLICY PAGE 3 of 8 Page 006 D.Document this process using the "Request for Reasonable Accommodation Form". VI.OBLIGATIONS A.The City will provide a reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability unless it imposes an undue hardship on business operations. B.The City will not deny an employment opportunity to a qualified applicant or employee because of the need to provide reasonable accommodations, unless it would cause undue hardship. C.The City does not have to make an accommodation for an individual who is not otherwise qualified for a position. D.The City will engage in a good faith, timely and interactive process with a disabled applicant or employee who requests an accommodation. E.If an employee or applicant requests an accommodation, he/she/they must provide documentation of their functional limitations to support the request. F.A qualified individual with a disability has the right to refuse an accommodation, however, if the individual cannot perform the essential job functions without an accommodation, the individual may not be qualified for the position. G.If the cost of an accommodation would impose an undue hardship on the City, the employee/applicant with a disability will be given the option of providing the accommodation or paying that portion of the costs which would constitute an undue hardship. H.Reasonable accommodation does not have to be the exact accommodation requested by the applicant or employee as long as what is offered as a reasonable accommodation will allow the individual to perform the essential functions of the job. VII.ON-THE-JOB INJURED WORKERS Departments are responsible for returning injured workers to work without exceeding work restrictions following a work injury. If that employee is deemed REASONABLE ACCOMMODATIONS POLICY PAGE 4 of 8 Page 007 permanent and stationary by his/her treating physician or City-approved physician, with work restrictions, it is the department's job to determine whether they are able to accommodate those restrictions and return the employee to work. VIII. REASONABLE ACCOMMODATION ASSESSMENT PROCESS A.Notice of Disability: The employee/applicant is responsible for notifying the supervisor or interviewer that he/she/they has a disability or medical condition which requires reasonable accommodation. B.Reasonable Accommodation During Recruitment or Selection: When a qualified applicant with a disability requests an accommodation, the Human Resources staff will confer with the applicant on the type of accommodation(s) he/she/they needs. When the applicant’s disability is not obvious or known, or when additional medical clarification is needed, appropriate documentation of the disability, limitations and the needed accommodation will be sought from the applicant. Given the time sensitivity of the recruitment process, Human Resources staff will move as quickly as possible to make a decision, and if appropriate, provide an accommodation. C.Reasonable Accommodation During Employment: 1.An employee can ask for an accommodation and it may be formal or informal, in writing or made verbally. 2.A supervisor may know that the employee has a disability or has reason to believe that the employee is having work performance problems because of the disability. In this case, the City may initiate the accommodation process. D.Essential Functions of the Job: The City determines the essential functions of the job and should conduct an individualized assessment to determine if the employee can perform the essential functions of the job with or without a reasonable accommodation. Essential functions are the fundamental job duties of the position a person holds. The following are factors for determining essential job functions: 1.The position exists to perform the function. 2.Only a limited number of employees are available to perform the function. REASONABLE ACCOMMODATIONS POLICY PAGE 5 of 8 Page 008 3.A function is highly specialized and the person in the position is hired for special expertise or ability to perform the job. 4.A significant amount of time is spent performing the function. Generally, job duties frequently performed tend to be essential. (Some exceptions are frequently performed duties that may be easily shared with other employees. 5.Infrequently performed duties that may be essential if no one else is available or capable of performing the duties. E.Work Restrictions: Written verification of the limitations from the employee’s physician must be provided by the employee which identifies: 1.The physical or mental limitation imposed by the disability or medical condition; and 2.For each limitation, the expected duration and whether it is permanent or temporary. 3.Information regarding the employee’s specific medical condition cannot be required as that information is confidential. F.The Interactive Dialogue: After an accommodation has been requested, the City has determined the essential functions and the employee has provided documentation of his/her limitations (through his/her health care provider), both employer and employee are required to discuss the limitations and proposed accommodation. The Human Resources Office will do the following to successfully engage in the interactive dialogue: 1.Meet with the employee who requested an accommodation within two weeks of the request and inform the employee they are entitled to have a representative attend the meeting. 2.Request information about the condition and what limitations the employee has. 3.Ask the employee what they specifically want. 4.Offer and discuss available alternatives when an employee’s request is too burdensome. REASONABLE ACCOMMODATIONS POLICY PAGE 6 of 8 Page 009 G.Types of Accommodations: In evaluating an employee or applicant’s request for an accommodation, the City should consider the following: 1. Transfer to a different position. 2.Job restructuring. 3. Modified work schedules. 4.Flexible leave. 5.Intermittent leave (paid or unpaid). 6. Reassignment to a vacant position. 7.Make facilities more readily accessible. 8.Acquisition or modification of equipment/devices and personal services. 9. Adjusting and modifying examinations. 10. Adjusting or modifying training. 11. Reversion to a vacant former class formerly held by an employee that can accommodate their work restrictions. 12. Transfer to a vacant position for which the employee meets the minimum qualifications and is able to perform the essential functions. 13. Job retraining. H.Document the Evaluation Process: Human Resources shall document the evaluation process. Documentation should include: 1.All requests for accommodations. 2.Work restriction(s). 3. Determination of essential functions. 4.Efforts to accommodate. 5.Placement offers. 6. Response to placement offers. 7.All correspondence. 8. Reasons for non-accommodation. REASONABLE ACCOMMODATIONS POLICY PAGE 7 of 8 Page 010 IX.MEDICAL EXAMINATIONS Medical examinations and inquiries may be necessary in order to evaluate the ability of applicants and employees to perform essential job functions or to promote health and safety on the job. A.Pre-Offer Exams and Inquiries: The City may inquire about an applicant’s ability to perform job-related essential functions and may respond to an applicant’s request for accommodation. In such a case, if the need for accommodation is not obvious, the City may request information necessary to assess the applicant’s disability, and it should tell the applicant why this information is needed. B.Post-Offer Examinations and Inquiries: If a conditional employment offer was made, the City may require a medical examination or ask questions about an applicant’s medical history if such medical questions or examinations are related to the performance of the job and the City subjects all entering applicants/employees in the civil service classification to the same inquiries and/or examinations. C.Current Employee Medical Exam: The City may ask an employee disability- related questions or request a medical examination if the City has a reasonable belief, based upon objective evidence, that: 1.An employee does not have the ability to perform the essential functions of his/her/their job due to a medical condition or disability. 2.An employee is a danger to his/her/their self or the public due to a medical condition or disability. 3.Objective evidence of an employee’s medical condition or disability includes, but is not limited to, the following: a.Follow up on an employee’s request for reasonable accommodation; b. Visual observations of an employee’s difficulty with the performance of essential job functions; or c.The unsolicited receipt of medical information from a professional about the employee’s condition. 4.The City may conduct a medical examination of an employee who has an on-the- job-injury that appears to affect the individual’s ability to REASONABLE ACCOMMODATIONS POLICY PAGE 8 of 8 Page 011 perform the essential functions, provided that the examination is job- related and consistent with business necessity. A job-related medical examination (not a general physical examination) may also be required when a worker wishes to return to work after an extended absence due to an accident or illness. X.APPENDIX Request for Reasonable Accommodation Form XI.DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy. XII.APPROVED BY THE CITY MANAGER SERGIO GONZALEZ XIII.ACTION This policy is effective December 5, 2023. Page 012 1 City of Azusa Request For Reasonable Accommodation - Confidential The California Fair Employment and Housing Act requires employers of five or more employees to provide reasonable accommodation for individuals with a physical or mental disability to perform the essential functions of their job unless it would cause an undue hardship. This form and any supporting materials or information is confidential and is kept separate from an employee’s personnel file. SECTION A: TO BE COMPLETED BY EMPLOYEE/APPLICANT NAME OF EMPLOYEE/APPLICANT CLASSIFICATION/JOB TITLE WORK LOCATION/SUPERVISOR WORK TELEPHONE NUMBER/EMAIL ACCOMMODATION(S) REQUESTED (Be as specific as possible, for example adaptive equipment, reader, interpreter, training, schedule change, etc.): REASON FOR REQUEST (Please do not disclose your diagnosis; explain your disability-related limitations and how this accommodation will help you do your job.) IS YOUR LIMITATION: Permanent Temporary Unknown ANTICIPATED RECOVERY DATE (if any) IS THE ABOVE DESCRIBED DISABILITY THE SUBJECT OF A WORKER’S COMPENSATION CLAIM? (Employees with work related injuries may also be eligible for a reasonable accommodation independent of the worker’s compensation process.) YES NO IF YES, DATE FILED: HAVE YOU REQUESTED FMLA, CFRA, PDL, OR OTHER LEAVE IN CONNECTION WITH THE ABOVE DESCRIBED DISABILITY? YES NO IF YES, PLEASE SPECIFY WHAT YOU REQUESTED AND WHEN: I CERTIFY THAT I HAVE A DISABILITY THAT REQUIRES REASONABLE ACCOMMODATION, WHICH WILL BE MET BY THE ACCOMMODATION(S) LISTED ABOVE. SIGNATURE OF EMPLOYEE DATE Page 013 2 SECTION B: CERTIFICATION FROM PHYSICIAN/HEALTH CARE PROVIDER This form, along with the position description, should be provided to the health care provider. For completion by the health care provider: please provide a letter or verification addressing the following: 1. Verification that the employee has a disability (but not the diagnosis). 2. Description of how the employee’s limitations impair the ability to perform the duties of the job and indication of whether these limitations are temporary or permanent. a. If temporary, state when they are expected to end. 3. Recommendation of specific reasonable accommodation(s). (Note: Use the space below or attach a letter or verification, which will be kept confidential. Employers must generally retain medical certifications and related documents separately from usual personnel files.) DATE ACCOMMODATION TO BEGIN DATE ACCOMMODATION TO END OR CONTINUOUS NAME OF HEALTH CARE PROVIDER SIGNATURE OF HEALTH CARE PROVIDER Page 014 3 SECTION C: INTERACTIVE PROCESS DISCUSSION TO BE COMPLETED BY AZUSA 1. Document all i teractive discussions with employee, including dates of the discussions, employee’s specific request(s), names of all persons present, and what was discussed. Use additional pages if required. Date Discussion Notes 2. List all potential reasonable accommodations identified in the interactive discussions and the strengths and weaknesses for each as a potential reasonable accommodation. 3. State your recommended reasonable accommodation and the rationale for your recommendation. Page 015 4 SECTION D: TO BE COMPLETED BY AZUSA LIST SPECIFIC ACCOMMODATION(S) TO BE PROVIDED: For each accommodation requested by the employee that you deny, explain the reason for the denial: (may check more than one box, use additional pages if needed) Accommodation Ineffective Accommodation Would Cause Undue Hardship. Identify Hardship: Medical Documentation Inadequate Accommodation Would Require Removal of an Essential Job Function. Identify Function: Accommodation Would Require Lowering of Performance or Production Standard. Identify Standard: No Alternative Vacant Position Available. Positions Considered: Employee Rejected Alternative Accommodation. Identify Accommodation Offered and Reason for Employee’s Rejection: Other (Please identify): Further Explanation/Comments: Date Signature ACKNOWLEDGEMENT OF RECEIPT OF REASONABLE ACCOMMODATION REQUEST DATES DATE ACCOMMODATION TO BEGIN DATE ACCOMMODATION TO END DATE EQUIPMENT ORDERED IF NEEDED AND BY WHOM DATE EQUIPMENT WAS RECEIVED BY EMPLOYEE SECTION E: TO BE COMPLETED BY AZUSA FOLLOWING IMPLEMENTATION OF THE ACCOMMODATION(S) Document all interactive discussions with employee, including dates of the discussions, names of all persons present, what was discussed, and next steps if needed. Use additional pages if needed. Date Discussion Notes REASONABLE ACCOMMODATION PACKAGE / 8.2016 5 Page 016 Page 017 I. PURPOSE The purpose of this policy is to set forth the City of Azusa’s process for responding to requests from employees and applicants for religious accommodations. This policy is in accordance with relevant laws and regulations regarding religious beliefs. II. POLICY The City of Azusa is committed to providing a welcoming and inclusive workplace environment. As part of this commitment, the City will make good faith efforts to provide reasonable religious accommodations to employees and applicants whose sincerely held religious practices or beliefs conflict with a City policy, procedure, or other employment requirement, unless such an accommodation would create an undue hardship. Retaliation against an applicant or employee because he or she has requested a religious accommodation or participated in the processing of a religious accommodation request or complaint is prohibited. In keeping with the City’s commitment to building and maintaining a welcoming and inclusive work environment, the City will consider religious accommodations requests by employees and applicants, based on the totality of the circumstances. III. APPLICABILITY All employees and applicants. CITY OF AZUSA ADMINISTRATIVE POLICY RELIGIOUS ACCOMMODATION POLICY RELIGIOUS ACCOMMODATION POLICY PAGE 2 of 4 Page 018 IV. DEFINITIONS A. Essential Function: Essential functions are the fundamental job duties of the position. This does not include marginal functions of the position. B. Religion: Includes all aspects of religious belief, observance. Religion includes not only traditional, organized religions, but also religious beliefs that are new, uncommon, not part of a formal religious institution or sect, or only subscribed to by a small number of people. Social, political, or economic philosophies, as well as mere personal preferences, are not considered to be religious beliefs. C. Religious Practice or Belief: A sincerely held practice that includes moral or ethical beliefs as to what is right and wrong, most commonly in the context of the cause, nature and purpose of the universe. Includes, but is not limited to, a sincerely held belief in a deity or deities, as well as non-theistic moral or ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views. D. Religious Observance: Includes, but is not limited to, attending worship services, praying, wearing religious attire or symbols, displaying religious objects, adhering to certain dietary rules, other forms of religious expression, or refraining from certain activities. E. Religious Accommodation: A reasonable change in the work or work environment that enables an employee or applicant to practice or otherwise observe a sincerely held religious practice or belief without undue hardship on the City. A religious accommodation may include, but is not limited to: time for prayer during a work day; the ability to attend religious events or observe a religious holiday; or any necessary modification to policy, procedure or other requirement for an employee or applicants’ religious beliefs, observance or practice; provided such accommodation is reasonable and does not cause undue hardship. F. Undue Hardship: An undue hardship is a requested accommodation that requires significant difficulty or expense in relation to the size of the employer, the resources available and the nature of the operation. It may include any action that is unduly costly, extensive, substantial, disruptive or would fundamentally alter the nature or operations of the business. Undue hardship is determined on a case-by-case basis. RELIGIOUS ACCOMMODATION POLICY PAGE 3 of 4 Page 019 V. PROCEDURE A. An employee or applicant whose religious beliefs, observances, or practices conflict with some aspect of the application or hiring process or with the City’s policies or practices, including those on dress and appearance may seek a religious accommodation by submitting a verbal or written request for accommodation to the Human Resources Department. B. The written request must identify or describe the conflict between the process, policy, practice or requirement and the employee/applicant’s religious belief, observance, or practice, and the applicant’s proposed accommodation. C. Employees or applicants requesting a religious accommodation should make the request directly to Human Resources with as much notice as possible. D. Employees may be required to use accrued time (vacation or personal) as part of the religious accommodation. E. Human Resources staff will meet with the applicant or employee and the operating department to discuss the accommodation request. F. The applicant or employee will be notified in writing of the City’s decision regarding his/her/their request for accommodation. VI. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. VII. APPROVED BY THE CITY MANAGER Sergio Gonzalez RELIGIOUS ACCOMMODATION POLICY PAGE 4 of 4 Page 020 VIII. ACTION This policy is effective December 5, 2023. Page 021 I. PURPOSE This policy is to set uniform guidelines in accordance with City policy and the Public Employees Retirement Law (PERL) for out-of-class assignments. II. POLICY An eligible employee shall be paid additional compensation, as specified in the applicable Memoranda of Understanding, for each hour that the employee is required to perform the full range of duties in a vacant higher-level classification or grade level. III. APPLICABILITY This policy applies to all current full-time employees. IV. DEFINITIONS A. Out-of-Class Assignment: Government Code §20480 of the Public Employees' Retirement Law (PERL) defines an “Out-of-Class Appointment” to mean an appointment (assignment) to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. B. Vacant Position: “Vacant Position” refers to a position that is vacant during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence. CITY OF AZUSA ADMINISTRATIVE POLICY OUT-OF-CLASS ASSIGNMENT POLICY OUT-OF-CLASS ASSIGNMENT POLICY PAGE 2 of 3 Page 022 V. PROCEDURES A. When a vacancy occurs, department management should determine if the position should be filled on a temporary basis while a recruitment is being conducted or if the duties of the position can be divided amongst the employees. B. Prior to an employee being assigned an “Out-of-Class Assignment,” the supervisor shall complete and submit the Request for Acting Pay form to the employee’s department management or designee for approval. C. The Request for Acting Pay form shall be sent to Human Resources for approval and processing. D. A Request for Acting Pay form must be completed each fiscal year for each separate higher classification assigned. E. Notwithstanding the above, Government Code §20480 prohibits out-of- classification assignments from exceeding 960 hours in a fiscal year. VI. APPENDIX Request for Acting Pay Form VII. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. VIII. APPROVED BY THE CITY MANAGER SERGIO GONZALEZ OUT-OF-CLASS ASSIGNMENT POLICY PAGE 3 of 3 Page 023 IX. ACTION This policy is effective December 5, 2023. Page 024 1 City of Azusa Request For Acting Pay Per Civil Service Rule 4.2.9 Acting Pay, an employee who is temporarily assigned with prior approval of the department head the duties of a position in a higher class shall be paid at the lowest range for the higher level class. In addition, per ACEA MOU Section 12.1 Acting Pay, an employee, assigned the majority of the work for a higher classification for a period in excess of 80 consecutive work hours shall be paid following the 80th hour of the assignment, at the lowest step of the pay range for higher classification that provides at least a 5% increase but does not exceed the top step of the range for the higher classification. NAME OF EMPLOYEE CLASSIFICATION/JOB TITLE DEPARTMENT/DIVISION WORK TELEPHONE NUMBER WORK LOCATION EMAIL ADDRESS DUTIES TO BE PERFORMED REASON FOR REQUEST TEMPORARY CLASS TITLE EFFECTIVE DATE (After 80th hour of Acting Assignment) TEMPORARY STEP: SUPERVISOR'S SIGNATURE DATE NOTES HR APPROVAL DATE Page 025 I. PURPOSE The purpose of this policy is to provide uniform guidelines and application for City provided holidays. II. POLICY The City of Azusa provides its employees with ten (10) paid holidays in recognition of significant events or individuals in our nation’s history. III. APPLICABILITY This policy is applicable to all full-time employees. IV. DEFINITIONS A. Holidays: Employees are entitled to the paid holidays listed below: Holiday Name Holiday Date New Year’s Day January 1 Dr. Martin Luther King Day 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 CITY OF AZUSA ADMINISTRATIVE POLICY HOLIDAY POLICY HOLIDAY POLICY PAGE 2 of 3 Page 026 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans’ Day Veterans’ Day Thanksgiving 4th Thursday in November Christmas Day December 25 B.Regular Day Off: For employees on the 5/40 work schedule, their regularly scheduled days off are generally Saturday and Sunday. For employees on the 4/10 work schedule, their regular day off may be Friday/Saturday/Sunday or Saturday/Sunday/Monday. V.PROCEDURE A.Payment for Holidays: If a holiday falls on an employee’s scheduled day off, the employee shall receive the holiday on the next scheduled business day. B.Holiday Schedule: W hen a holiday falls on a Friday, Saturday or Sunday, the following Monday is observed as the holiday. C.Part-Time Employee Holiday Schedule: Part-time employees shall be entitled to time off with pay on City-observed holidays. The number of hours of Holiday Pay shall be equal to the employee’s average number of hours worked per day during the five pay periods that immediately precede the holiday. The employee must be on the payroll the day before the Holiday and the day after the Holiday in order to receive Holiday pay. The employee shall be entitled to all hours available on the Holiday Pay report, regardless of the hours they typically work in a day. VI.DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee HOLIDAY POLICY PAGE 3 of 3 Page 027 to sign and return acknowledging that the employee has received, read, and understands this policy. VII.APPROVED BY THE CITY MANAGER Sergio Gonzalez VIII. ACTION This policy is effective December 5, 2023 Page 028 I. PURPOSE The purpose of this policy is to maintain a workplace that is free of violence or threat of violence. II. POLICY The City of Azusa is committed to providing a safe and productive work environment that is free of violence or the threat of violence. Threats, threatening behavior, or acts of violence against employees, visitors, or other individuals by anyone on City property will not be tolerated. The City has a Zero Tolerance policy in regard to workplace violence. “Zero Tolerance” means that any form of violence or threat of violence, whether actual or reasonably perceived, involving a City employee or occurring in the workplace cannot and will not be tolerated. The City will investigate incidents and take appropriate action against the offending employee or non-employee who violates this policy. III. APPLICABILITY This policy applies to all applicants, employees, unpaid interns, volunteers, contractors or elected and appointed officials. IV. DEFINITIONS A. Workplace Violence: The three major types of workplace violence are: 1. Type I: The aggressor has no legitimate business relationship to the workplace and usually enters the affected workplace to commit a CITY OF AZUSA ADMINISTRATIVE POLICY WORKPLACE VIOLENCE PREVENTION POLICY WORKPLACE VIOLENCE PROTECTION POLICY PAGE 2 OF 8 Page 029 robbery or other criminal act such as robbery. 2. Type II: The aggressor is either the recipient or the object of a service provided by the affected workplace or the victim, such as a current or former client, patient, customer, passenger, criminal suspect, inmate or prisoner. 3. Type III: The aggressor has some employment-related involvement with the affected workplace such as a current or former employee, supervisor, manager; a current/former spouse or significant other, a relative, friend; or some other person who has a dispute with an employee of the affected workplace. B. Act of Violence: Defined as acts or threatened acts of violence, which includes conduct that creates a hostile, abusive, or intimidating work environment for a City employee. Examples of violent acts or threats of violence that are prohibited in the workplace include, but are not limited to: 1. Striking, punching, slapping, shoving, or assaulting another person. 2. Threatening another person or his/her family, friends or associates or their property. 3. Fighting or challenging another person to fight. 4. Threatening to damage or destroy or destroying City property or property of City employees or non-City employees. 5. Throwing objects with the intent to injure or harm. 6. Making or instigating harassing or threatening telephone calls, electronic or computer graphics and messages. 7. Harassing surveillance or stalking. 8. Possession, use or threat of use of a gun, knife or other weapon of any kind. 9. Engaging in threatening, dangerous, or unwanted horseplay. 10. Grabbing, pinching or touching another person in an unwanted way, whether sexual or otherwise. C. Threat: A threat is a statement (verbal, written or physical) which is intended to intimidate by expressing the intent to either harass, hurt, take the life of another person, or damage/destroy property. This includes WORKPLACE VIOLENCE PROTECTION POLICY PAGE 3 OF 8 Page 030 threats made in jest, but which others could perceive as serious. D. Harassment: The creation of a hostile work environment through unwelcome words, actions, or physical contact not resulting in physical harm. Verbal harassment may include disparaging or derogatory comments or slurs, unreasonable or excessive criticism, or name calling. E. Intimidate: To make afraid; to frighten, alarm, annoy, or scare. To force a person into, or deter them from, some action by inducing fear by, or as if by, threats. F. Stalking: Stalking occurs when any person willfully, maliciously and repeatedly follows or harasses another and makes a credible threat with the intent to place that person in reasonable fear for his/her safety or the safety of his/her immediate family. G. Workplace: For purposes of this policy, "work environment" and/or "workplace" includes but is not limited to City buildings, vehicles, equipment, property, or any location where a City employee is on duty. In addition, the use of social networking or other websites that violate this policy, even if done outside of the workplace or outside of City time, cannot and will not be tolerated. The City maintains its existing right to monitor the work related electronic communications of employees in accordance with the City of Azusa’s Use of City Equipment Policy and Electronic Communications Policy. V. RESPONSIBILITY A. Human Resources: Human Resources is responsible for the enforcement of this policy. B. Manager/Supervisor: Managers and supervisors are responsible for ensuring compliance with the provisions of the Workplace Violence Prevention Program. 1. A supervisor/manager informed of an imminent or actual violent act or the threat of a violent act shall, whenever possible, ensure the immediate safety of the employee, and, if appropriate, call the Sheriff's Department (911) if it has not already been done, and notify the Department Head and the Human Resources Manager. 2. Refer media inquiries to the City Manager's office. WORKPLACE VIOLENCE PROTECTION POLICY PAGE 4 OF 8 Page 031 3. Complete the Workplace Violence Incident Report and submit the original to the Human Resource office as soon as possible. Retain a photocopy of the report for future reference. C. Employee: All are expected to act professionally, courteously, and responsibly at all times. It is the responsibility of each and every employee to immediately report any and all acts of workplace violence to their supervisor or manager without fear of reprisal. All reports must be taken seriously. Any employee who is the victim of any violent, threatening, or harassing conduct, any witness to such conduct, or anyone receiving a report of such conduct, whether the perpetrator is a City employee or a non-employee, shall immediately report the incident to their supervisor or other appropriate person in the chain of command. Should the employee perceive that they are in immediate apparent danger of a violent act, or has just been victimized by a violent act, or is a witness of a violent act, they shall, whenever possible: 1. Place themself in a safe location. 2. If appropriate, call the Police Department (911) and request an immediate response from a unit and be prepared to inform the dispatcher of the circumstances and the exact location of where an officer is needed. 3. Inform a supervisor or manager or in their absence the Human Resources Officer of the circumstances as soon as possible. 4. Cooperate fully in any administrative or criminal investigation, which shall be conducted within existing policy and laws. VI. COMMUNICATION The City recognizes that to maintain a safe, healthy and secure workplace we must communicate to all employees, including managers and supervisors, all workplace safety, health and security issues. We have a communication system designed to encourage a continuous flow of safety, health and security information between management and our employees without fear of reprisal and in a form that is readily understandable. We will communicate the WVPP policies and procedures through: WORKPLACE VIOLENCE PROTECTION POLICY PAGE 5 OF 8 Page 032 A. New employee orientation. B. Periodic review of our Workplace Violence Protection Policy with all employees. C. Training programs are designed to address specific aspects of workplace violence prevention and security unique to employees’ location. D. Posting and distributing workplace violence prevention information. E. Reporting workplace violence/security hazards or threats of violence. (Talk to your supervisors first, if that isn't possible, call Human Resources). F. Protecting employees who report incidents of workplace violence from retaliation by the person making the threats. Employees who report incidents of workplace violence will be protected from the person making the threats by the City immediately taking the appropriate actions such as removing the person, making the threats, from the work area until the situation is resolved. For serious threats or acts of violence the Police will be called. VII. PROCEDURES A. Emergency Incidents: Any employee who is subjected to, witnesses, or has knowledge of actions which pose immediate danger to themselves, or others must report these acts to their supervisor, department head, or Human Resources at once. When the incident constitutes an emergency, the employee should call 9-911. Information provided to the emergency dispatcher should include details regarding the location, nature of the incident and the persons and/or weapons involved. After the incident has been reported to the police, and when practical to do so, the employee should notify their supervisor and/or the department head of the incident and file a report with the Human Resources Office. The department head, in turn, shall be responsible for contacting the City Manager. The primary objective in dealing with an incident in-progress is to stabilize the situation, de-escalate the potential for violence, and ensure that there is no harm to person or property. Once the emergency has passed, the department head shall be responsible for conducting a thorough WORKPLACE VIOLENCE PROTECTION POLICY PAGE 6 OF 8 Page 033 investigation of the incident and reporting findings to the City Manager and to file an incident report with the Human Resources Office. B. Non-Emergency Incidents When an employee becomes aware of a potential violation of this policy that does not pose an immediate threat of violence, they are responsible for notifying their department head and for reporting the incident to the Human Resources Office. Even without an actual threat, employees should also report behavior which they may regard as threatening or violent when the behavior is job-related or might be carried out on City property or at City facility. It will then become the responsibility of the department head to investigate the incident and to file an incident report with the Human Resources Office. The situation will be evaluated to determine whether there was a violation of the policy and what the appropriate management response should be. No employee who, acting in good faith, initiates a complaint or reports an incident under this policy will be subject to retaliation or harassment. Any employee reported to be in violation of this policy will be entitled to due process. C. Prohibited Items: City employees and volunteers shall not possess in the workplace, or in their vehicles at work, any of the following items: 1. Firearms (except sworn personnel). 2. Explosives/ammunition. 3. Folding knives with blades over three and one-half (3 1/2) inches in length. 4. Fixed blade knives. 5. Illegal weapons. D. Restraining Orders: Employees may obtain a temporary or permanent restraining order to protect themselves from another individual per California Code of Civil Procedure Section 527.6. Employees shall immediately supply a copy of the signed order to the Azusa Police Department as well as to Human Resources. Employees should provide a description of the individual named in the restraining order (or if readily available, a recent photograph of the named individual). The employee should advise the court to include the city WORKPLACE VIOLENCE PROTECTION POLICY PAGE 7 OF 8 Page 034 workplace in the restraining order. The City reserves the right to seek a temporary restraining order on behalf of an employee per California Code of Civil Procedure Section 527.8. VIII. RISK REDUCTION MEASURES A. Employees are expected to exercise good judgment and notify their supervisor or the Human Resources Office as soon as possible if anyone on City property or in connection with City business exhibits behavior that could be a sign of a potentially dangerous situation. Examples of such behavior could include but are not limited to: 1. Discussing the use of weapons as a means to perpetrate violence against another. 2. Displaying overt signs of extreme stress, resentment, hostility or anger. 3. A sudden or significant deterioration in performance. 4. Displaying irrational or inappropriate behavior. IX. ANTI-RETALIATION POLICY No employee shall retaliate against another employee who reports an incident pursuant to this policy. Employees found to have violated this section may be subject to disciplinary action up to and including termination of employment. X. FALSE REPORTING OF INCIDENT Any employee who makes a report under this policy which the employee knows or should know is false shall be subject to disciplinary action up to and including termination of employment. XI. CONSEQUENCES FOR VIOLATION OF THIS POLICY A. City Employees: Employees, disciplinary action up to and including termination and criminal prosecution as may be appropriate. Employees WORKPLACE VIOLENCE PROTECTION POLICY PAGE 8 OF 8 Page 035 alleged to have engaged in workplace violence may be placed on administrative leave pending investigation and may be asked to leave the job site immediately. B.For Non-City Employees: 1.Oral and/or written warning(s) by department management 2. Refusal of Service. 3.Criminal Prosecution. XII.APPENDIX Workplace Violence Incident Report XIII. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. XIV.APPROVED BY THE CITY MANAGER Sergio Gonzalez XV.ACTION This policy is effective December 5, 2023 Page 036 Record instance(s) of observed or experienced violent or disruptive behavior in the workplace with the intent of management or HR intervention to mitigate or eliminate such activity. 1. Describe the undesired behavior or activity (specific language, gesture, physical contact or conduct): 5. Facility/building: 4. Location address: 6. Exact place of incident (hallway, locker room, break area, room no., parking lot, etc.): 7. Describe perpetrator: 9. Victim or intended victim(s): 10. Witness (Names and Phone no.): 11. Injury (location, type, degree): 12. Property damage (items damaged): City of Azusa Workplace Violence Incident Report 2. Date of incident: 3. Approximate time: a.m. p.m. 8. Stranger Customer Employee Supervisor Family member Other (please describe) 13. Assistance requested: Police: Other: Supervisor/Manager Human Resources Please describe: Note: There shall be no retaliation or discrimination against an employee who submits this report, calls for appropriate assistance, complains of an incident, or who is called upon as a witness. Prepared by: Signature: Date: Submitted by: Date: Page 037 I. PURPOSE To establish the overall standards for all uniformed Public Works, Utilities and Community Resources Department employees' appearance while on duty. In accordance with applicable Memoranda of Understanding, the Departments shall provide uniforms for certain employee classifications for purposes of identification, and to ensure suitable work clothing for said employees. II. POLICY It is the policy of the City that all appropriate personnel be supplied with uniforms and personal protective equipment (PPE’s) necessary to do their job and to identify the employee as a City of Azusa employee performing work in the course of employment. III. APPLICABILITY All uniformed Public Works, Utilities and Community Resources Department employees. IV. UNIFORMS Uniforms and required PPE will be issued to employees and uniformed supervisors based on the current uniform contract stipulations at the time of hire or when a new uniform contract is initiated. Generally, the type and number of uniforms and PPE issued are listed in the Memoranda of Understanding. CITY OF AZUSA ADMINISTRATIVE POLICY UNIFORM POLICY UNIFORM POLICY PAGE 2 of 4 Page 038 Departments may have specific uniform and PPE issuance or maintenance standards, depending on the classification. Uniform clothing and/or PPE will be re- issued to current employees based on need, when the uniform or PPE is deemed to need replacement, as approved by a supervisor or manager, and in accordance with Memoranda of Understanding or other policy. All uniforms and any City-issued clothing or PPE will be maintained by the employee in a neat and clean condition. All clothing will be appropriate to the duties being performed and will be approved as per this policy. V. SUPERVISOR’S RESPONSIBILITIES A. Ensure all employees are in proper uniform. B. Ensure new employees receive appropriate uniform attire and PPE when appropriate, and that this policy is reviewed with them. C. Take appropriate action when employees are not in the proper uniform or attire, are not using PPE as required, or do not meet the standards prescribed in this policy. D. Collect all uniforms, PPE, and items with a City logo issued to an employee when the employee leaves the Department. E. Notify the Human Resources Office if uniforms and/or PPE are not returned. A former employee who does not return their uniforms and/or PPE may be charged for the uniforms still in their possession. VI. EMPLOYEE’S RESPONSIBILITIES A. Employees are expected to start their work shift wearing a clean and neat City issued uniform. B. Safety boots and/or safety hard-soled shoes, if appropriate, shall be worn with the uniform. C. Employees are expected to report to work in their proper uniform, PPE, and safety gear as required for their assignment, otherwise they will be sent home. If an employee is sent home, they must use their accrued time. D. Unless specifically noted, employees have access to the uniform UNIFORM POLICY PAGE 3 of 4 Page 039 contractor for uniform laundering. E. The wearing of a City-issued uniform on off-duty hours, other than to and from work and during lunch break, is not allowed. When wearing the City uniform, employees shall conduct themselves in a professional manner. F. Uniforms and PPE are the property of the City of Azusa and may not be given away, donated to charity, or otherwise disposed of. G. Employees should only wear their assigned uniform with the applied name identification, where applicable. H. Uniformed employees may not wear non-City issued accessories or garments (i.e. shorts, hats, jackets, beanies, etc.) unless Department Head approval has been obtained. I. Unless otherwise specified in the applicable Memoranda of Understanding, if uniform clothing or PPE is in need of replacement, the uniform must be turned in to a supervisor or manager in order to obtain a replacement. Supervisors or managers must approve/certify the need for the uniform replacement. J. Employees must turn in all uniforms and PPE when they separate from the City or transfer to another Department/Division. The uniforms and PPE are to be returned to the supervisor or management staff only. K. The City will collect the cost of uniforms and PPE from former employees if they are not turned in upon separation. VII. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. UNIFORM POLICY PAGE 4 of 4 Page 040 VIII. APPROVED BY THE CITY MANAGER Sergio Gonzalez IX. ACTION This policy is effective December 5, 2023. Page 041 I. PURPOSE To provide a uniform policy and procedure for reimbursing employees for all necessary and actual expenses incurred while on and/or conducting official business for the City of Azusa. To assure the appropriate use of City funds, provide accountability of related expenditures, ensure an efficient process for approval and proper adherence to IRS regulations. II. POLICY Professional conferences, training sessions, meetings and other City business for City employees is vital in keeping employees up-to-date with new laws and practices, and enhance the City’s ability to improve existing services and implement new services for the benefit of the community. Therefore, City employees will receive reimbursement, or have direct payments made on their behalf, of appropriate expenditures incurred while on approved and authorized City business. Travel expenditures for a family member are not eligible for reimbursement. Every City employee/official should reimburse the City for any additional travel costs associated with his or her spouse or other personal guests. This includes any meal costs and travel expenses. Should a member of Council or an Executive of the City believe that there is a legitimate benefit to the City for payment of travel expenses incurred by a guest of the Council member or Executive, then a separate “Accountable Expenses” form should be completed for each guest to clearly identify the costs associated with his/her travel and the possible benefit to the City, subject to an independent review and approval by the City Manager. In case of doubt as to the necessity for the incurring of any expense, the Department Head, Administrative Services Director/Chief Financial Officer or City CITY OF AZUSA ADMINISTRATIVE POLICY TRAVEL AND BUSINESS EXPENSES POLICY TRAVEL AND BUSINESS EXPENSES POLICY PAGE 2 of 8 Page 042 Manager shall determine whether the expense is appropriate and may allow, deny or modify any claim or item thereof. III. APPLICABILITY All City Employees and Elected and Appointed Officials. IV. PROCEDURE A. Overnight Trips: 1. A Travel Advance form must be submitted to Finance no later than 14 days prior to the trip. 2. Overnight and out-of-state trips require the prior written approval of the City Manager even when no advance of funds is being requested. B. Local Trips: Local travel must be completed on the same workday. Only auto and metro/train travel are authorized for these trips unless otherwise approved. C. Accounting for Expenses, Excluding Meals: For employees who are required to file a Form 700, the following shall apply: 1. Expenses must have been paid or incurred while on official City business. 2. ALL expenses, including required forms and original itemized receipts, must be accounted for within 60 days. 3. A copy of the brochure or flyer announcing the event must be submitted. 4. Expenses must be itemized and substantiated with the amount, date, place, business purpose and names of the individuals for which an expense was incurred. Original receipts for all expenses must be TRAVEL AND BUSINESS EXPENSES POLICY PAGE 3 of 8 Page 043 submitted. Failure to submit original itemized receipts may result in the denial of reimbursement and/or future advances. 5. In the event that no cash advance was issued, the employee must submit an approved "Accountable Expenses" form for local travel. 6. A “Travel and Meeting Reconciliation” form must be completed after each overnight trip or those of 50 miles or more with original itemized receipts attached verifying such trip and expenses within 8 working days after date of return. The form will list any and all costs of the trip regardless of how paid. 7. The following is an excerpt from the IRS Travel, Entertainment and Gift Expenses Regulations: “To be an accountable plan, the reimbursement or allowance arrangement must include all three of the following rules: a. Your expenses must have a business connection; that is, you must have paid or incurred deductible expenses while performing services as an employee of the City. b. You must adequately account to the City for these expenses within a reasonable period of time. c. You must return any excess reimbursement or allowance within a reasonable period of time.” The IRS considers a reasonable period of time for an employee to (a) adequately account for your expenses within 60 days after paid or incurred; and (b) return any excess reimbursement within 120 days after the expense was paid or incurred. The employer is obliged to report unreconciled expenses or unpaid reimbursements as earnings in an employee’s W -2.” D. Reports concerning attendance at Conferences, Training, and Meetings: Attendees shall provide a summary report on materials and subject information of importance to their Department Head or City Manager as appropriate TRAVEL AND BUSINESS EXPENSES POLICY PAGE 4 of 8 Page 044 V. GUIDELINES A. Transportation: Reimbursement of transportation expenses to a meeting or conference shall be based on actual cost Reimbursement for the portion of travel or transportation that exceeds the distance normally traveled by the employee from home to established work location will be reimbursed. 1. Air Travel: Reservations for air travel should be made well in advance to take advantage of available discount fares. Whenever possible, the City’ credit card should be used for fares. The amount shall not be more than the standard ‘coach’ fare. Travel to and from the airport will be reimbursed when travel is via personal vehicle or shuttle. Taxi fare/ride share is approved if it is the only practical transportation available. Parking costs at the airport will be reimbursed at ‘economy lot’ daily rates. However, shuttle/ride share service to the airport should be used if it is more economical than the projected parking costs. 2. Automobile Allowance: A monthly auto allowance is provided to various individuals. This is intended to include all travel within a 50- mile radius of City Hall. When authorized vehicle travel falls outside this range, mileage will be reimbursed at the IRS rate for the amount of mileage exceeding the 50-mile range. 3. City Vehicles: With approval from the Department Head and City Manager, an employee may be assigned a City-owned vehicle to attend business meetings or conferences. The use of City fuel is permitted, otherwise the reimbursement of actual gasoline costs will be made. 4. Personal Vehicles: An employee who does not receive an auto allowance and chooses to drive their personal vehicle to a meeting or conference shall be reimbursed. The employee shall be reimbursed for mileage at the current IRS rate, as well as for required parking costs. 5. Rental Car: Utilization of a rental car is permissible if the circumstances show it is the only practical means of transportation. TRAVEL AND BUSINESS EXPENSES POLICY PAGE 5 of 8 Page 045 Renting the vehicle requires the approval of the Department Head and the City Manager. Reimbursement of the rental vehicle will be at the mid-size sedan rate. 6. Other Modes of Travel: Bus, train, or other methods of travel will be authorized when special circumstances justify that they are more appropriate and economical. B. Lodging. 1. Lodging for authorized meetings or conferences that are conducted at a location, which is more than 50 miles from the employee’s residence, will be paid based on actual cost, including tax. If such a business conference, meeting, or seminar is scheduled to begin prior to 8:00 a.m., the attendee may be allowed to begin the trip one day earlier, with costs for the extra day paid by the City, upon approval of the Department Head or City Manager. If such a business conference, meeting or seminar is scheduled to end after 5:00 p.m., the attendee may be allowed to end the trip one day later, with costs for the extra day paid by the City, upon approval of the Department Head or City Manager. In either case, the extra night(s) need not be spent at the conference hotel or in the conference city, but the traveler must ensure that they are on time for, and attend, the entire conference, meeting, or seminar. 2. The cost of accommodations shall be based on the lowest available single room rate of the conference headquarters hotel. If suitable accommodations are not available at this location or in the immediate area of the conference, the room rate must be approved by the Department Head. Whenever possible, the City’s credit card should be utilized for lodging. The lodging receipt must be submitted with the Travel and Meeting Reconciliation form, whether or not the bill has been paid directly by the City or charged to a City credit card. 3. Personal charges are the responsibility of the employee, including, but not limited to, the cost of in-room service snacks, in-room movies, Internet access charges for personal/non-business use. C. Meals: Employees shall be advanced or reimbursed for meal costs based on the Meals and Incidental (M&IE) rates established by the GSA, as periodically amended. Any reimbursement of meal expenses shall be on TRAVEL AND BUSINESS EXPENSES POLICY PAGE 6 of 8 Page 046 the basis of actual cost, up to GSA M&IE adopted rate. 1. Overnight Trips: If the traveler wishes to be reimbursed for meal costs higher than the per day amount, the additional amount must be approved by the Department Head in writing. The City Manager shall approve meal reimbursements in excess of M&IE rate for Department Heads and Council members. The Mayor shall approve expenses for the City Manager. Although reimbursements for expenses above the City authorized rate will be considered and may be made, they will be processed through the payroll system and included in the traveler’s taxable income. 2. Miscellaneous Business Meals Expenses: With prior Department Head approval, reimbursement for meal expenses that may be required as an incidental part of conducting City business shall be made based on actual cost, including tax and tip. An original itemized receipt is required with the request for reimbursement and must include the business purpose and names of Incidental Expenses. D. Incidental Expenses: Incidental expenses shall be reimbursed based on actual cost. The term "incidental expenses" includes, but is not limited to, tips, local ground and airport transportation, and parking fees. 1. Reasonable expenses incurred for business services, including, but not limited to, Wi-Fi/Internet access, copies and fax services will be reimbursed should these functions be directly related to City business. 2. Items of a personal nature are not reimbursable, including but not limited to: alcoholic beverages, fines or traffic violations, spouse or guest accommodations, gambling expenses, gifts, room or flight upgrades, movies or other entertainment, and tips in excess of reasonable standards. Non-allowable items will be deducted before payment to the employee. 3. Employees are reminded to be reasonable and prudent and to keep incidental costs to a minimum. 4. Expenses for business meeting food and beverages shall be reimbursed based on actual costs incurred up to the GSA M&IE rate. The IRS rules require that a record be maintained for entertainment TRAVEL AND BUSINESS EXPENSES POLICY PAGE 7 of 8 Page 047 expenses, which indicates the amount, the date, time and place, the business relationship of persons entertained and the nature of the business discussion. Original itemized receipts should accompany the request for reimbursement. E. Memberships, Training and Subscriptions: Job-related memberships, training and subscriptions are reimbursable and typically paid directly to the vendor by the City. For reimbursement of this type of expense paid directly by the employee, prior Department Head approval is required and an approved payment demand must be submitted to Finance, with proof of payment by the employee. Acceptable receipts include canceled checks, vendor receipts or credit card receipts itemizing purchases. The City Manager reserves the right to grant exceptions subject to budget control. VI. APPENDIX Request For Travel Advance Form Meal Worksheet/Purchase Affidavit Travel and Meeting Reconciliation Form Accountable Expenses Form VII. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. TRAVEL AND BUSINESS EXPENSES POLICY PAGE 8 of 8 Page 048 VIII. APPROVED BY THE CITY MANAGER Sergio Gonzalez IX. ACTION This policy is effective December 5, 2023. Page 049 Request for Travel Advance (must be submitted no later than 14 days prior to event date) V#: Name & Title: Date Due: Acct #: Destination: Dates of Event: Event: Department Approval: Department: City Manager Approval: Type of Expense: Registration: Total Expenses: Advanced to Traveler: Registration Fee $0.00 Paid by City Check Visa $0.00 $0.00 Transportation: Air Fare $0.00 Paid by City Check Visa $0.00 $0.00 Personal Auto Bus Taxi No. of Miles: x $ 0.655 $0.00 Parking Other $0.00 Paid by City Check Visa $0.00 $0.00 Meals: Are meals provided? Yes* No *if yes, how many Breakfast? Lunch? Dinner? $0.00 Amount advanced per Meal Worksheet-Purchase Affidavit Lodging: Name of Hotel/Motel: Date/s: No. of Days: Daily Rate: $ Including Taxes/Fees $0.00 Paid by City Check Visa $0.00 $0.00 Estimated Expenses for Cash Advance: $0.00 I hereby certify it is anticipated that the above expenses will be incurred while conducting business for the City of Azusa and are true and correct. Printouts validating the mileage reported have been attached to this form. Signed: Date: Prepared by: Extension: Finance Review: Date: updated: 1/2023 Page 050 Date (MM/DD/YY): Green section is to be completed and submitted with the Request for Travel Advance Form. Breakfast: $17 Lunch: $18 Dinner: $34 Incidental: $5 Daily Total: $74 Yellow section is to be completed and submitted with the Travel and Meeting Reconciliation Form. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Advanced: Reconciliation: Owed to City $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total: Date: Date: Date: Date: Date: Date: Date: Meal Worksheet/Purchase Affidavit (must be completed in conjunction with the Request for Travel Advance form) Employee Name & Title: Event: City employees and officials required to file FPPC Form 700 shall be required to submit original itemized receipts documenting meal expenses to be reimbursed at the lesser of actual costs or the per diem rate. All other employees must sign this form certifying their per diem meal allowance was in fact used to purchase meals. Reimbursements for meals will not be granted if meals are hosted or otherwise provided as part of the meeting or conference package. Also, in the event when three meals are not required during partial days of travel, reimbursement shall be reduced for such items. Signed: Date: updated: 4/2023 Page 051 Travel & Meeting Reconciliation (Must be submitted no later than 60 days from the event date) Employee #: Name & Title: Date Due: Acct #: Destination: Event: Date(s) of Event: Department Approval: Type of Expense: Registration: Total Expenses: Due (To) From City: Actual Registration Fee $0.00 Paid by City Check Visa $0.00 Advanced by the City $0.00 $0.00 Transportation: Actual Air Fare $0.00 Paid by City Check Visa $0.00 Personal Auto No. of Miles: x $ 0.655 $0.00 Bus Taxi Parking Other $0.00 Paid by City Check Visa $0.00 Advanced by City $0.00 $0.00 Meals: Were meals provided? Yes No Actual Expenses: Per Diem Itemized $0.00 Advanced by City $0.00 Paid by City Check Visa $0.00 Lodging: Actual Lodging Expenses $0.00 Internet/Telephone/FAX Expenses $0.00 Advanced by City $0.00 Paid by City Check Visa $0.00 $0.00 Incidental Expenses: Misc. Expenses (Laundry, Dry-Cleaning, Gratuities, etc.) $0.00 Advanced by the City $0.00 Paid by City Check Visa $0.00 $0.00 Balance Due (To)/From the City: $0.00 I hereby certify the above expenses were incurred while conducting business for the City of Azusa and are true and correct. All applicable receipts and printouts validating the mileage reported have been attached to this form. Signed: Prepared by: Finance Review: Date: Extension: Date: updated: 1/2023 Page 052 Accountable Expenses and Mileage Reconciliation (Use when there is no overnight stay) Employee #: Account No.: Rate = $ 0.655 per mile Name: Event: Title/Department: Approved By: Date (MM/DD/YY) No. of Miles Mileage* Meals Misc. Total $ - $ - $ - $ - $ - $ - $ - Total Each Expense Total All Expenses: City employees and officials required to file FPPC Form 700 shall be required to submit original itemized receipts documenting meal expenses to be reimbursed at the lesser of actual costs or the per diem rate. All other employees must sign this form certifying their per diem meal allowance was in fact used to purchase meals. Reimbursements for meals will not be granted if meals are hosted or otherwise provided as part of the meeting or conference package. Also, in the event when three meals are not required during partial days of travel, reimbursement shall be reduced for such items. I hereby certify that the above expenses were incurred while conducting business for the City of Azusa and are true and correct. All applicable receipts and printouts validating the mileage reported have been attached to this form. Signed: Prepared by: Date: Extenstion: Finance Department: Date: updated: 4/2023 $0.00 $ - $ - $ - Page 053 I. PURPOSE The City of Azusa seeks to provide the highest quality of professional services to our citizens, business clients and customers. Therefore, it is important that City employees project themselves as professionals at all times. An element of professionalism is proper dress attire. Appropriate professional business and business casual attire is important in maintaining the City’s positive image to the customers we serve. First impressions last, and because of this we have established a dress code that includes both traditional professional business attire and casual business wear. II. APPLICABILITY This Policy applies to Azusa City Staff, including volunteers. Due to the diverse nature of the City’s business operations and the variety of services provided, certain work locations or other job requirements may require different attire. Employees will be notified if there are special standards for their position or location. Regardless of location or assignment, employees are expected to exercise good business judgment in matters of dress and personal grooming. Reasonable accommodation will be made for religious practices and disabilities. III. POLICY A. Employees are expected to demonstrate a demeanor and appearance that is professional, business-like, neat, and clean. Because some employees may have sensitivities or allergies, you may be asked to refrain from using strong perfumes, cologne or other fragrances. CITY OF AZUSA ADMINISTRATIVE POLICY DRESS CODE POLICY DRESS CODE POLICY PAGE 2 of 5 Page 054 B. Good personal hygiene habits shall be maintained at all times. C. Jewelry is acceptable except in areas where it constitutes a health or safety hazard. D. Employees who violate this policy will be subject to progressive discipline, which may include being sent home to change their attire if it is considered inappropriate for the workplace. Employees who are sent home to change their attire must use their own accrued time. E. This policy is not meant to supersede any Memoranda of Understanding and/or departmental policy that is in effect. F. Appropriate Attire and Shoes. Appropriate apparel may include, but is not limited to: business suits, shirts, slacks and ties, dresses, skirts, sweaters, and blouses. 1. Casual Thursdays and Summer Dress Code 2. Appropriate apparel for Casual Thursdays and Summer Dress (May 15 through the second week of October each year) include business casual clothing that allows an employee to feel more comfortable at work, yet always looks neat and professional and is appropriate for an office business environment. The Summer Dress Code dates may be extended by the City Manager. 3. Appropriate business casual may include, but is not limited to: collared shirts, polo shirts, turtlenecks, short or long-sleeved sweaters, denim wear, City logo wear, casual slacks and pants, dresses, jumpers, skirts, comfortable walking shoes, and dress sandals. Torn or ripped jeans are not acceptable. 4. Other than on Thursdays, denim clothing may only be worn if an employee is working “in the field” or moving/relocating files or office articles. Beanies and ball caps that are plain or have the Azusa logo may be worn by field staff. 5. Traditional business attire would be the appropriate dress when meeting with business owners, vendors, or others who most likely will be dressed in traditional business attire. 6. Certain days may be designated in advance as “dress-down” or “theme” days by the City Manager if the City is celebrating a special DRESS CODE POLICY PAGE 3 of 5 Page 055 occasion such as events celebrating our summer reading program, athletic events, or when there is a special workday. However, even on dress-down or theme days, it will not be appropriate to wear unkempt or offensive clothing. G. Inappropriate Attire & Shoes Listed below are examples of inappropriate attire that would not present a professional image. This is not an all-inclusive list. The City reserves the right to determine appropriateness and to modify these requirements at our sole discretion. 1. Clothing which has an unkempt appearance (e.g., dirty, torn, worn or excessively wrinkled), including ripped jeans 2. Clothing which is revealing, offensive or sexually suggestive, “mini” length, “slits” to the mid-thigh, transparent, bare backs, spaghetti straps, bare midriffs, halter/tube tops, low-cut necklines, or undershirt tank tops). 3. Workout or gym wear such as athletic clothes (unless job related), sweats, leotards, spandex pants, or other recreational items such as beach clothing, shorts, or cut-offs. 4. Beach footwear, such as thongs or flip-flops, or any shoes in disrepair 5. Clothing or hats with large logos (other than Azusa City logos) advertising, or offensive slogans or pictures. H. Tattoos 1. All visible tattoos must be appropriate for the workplace, not constitute a potential safety hazard for the employee or others due to its characteristics or the manner in which it is worn, or otherwise violate City policies, including but not limited to policies prohibiting harassment and discrimination in the workplace. Such a determination will rest in the discretion of the Human Resources Manager. Any non-conforming tattoos must be covered with clothing, bandage, or makeup while at work. 2. Any non-conforming tattoos or branding on the neck, face or hands must be covered with clothing or a bandage while at work or removed. DRESS CODE POLICY PAGE 4 of 5 Page 056 I. Piercings 1. Facial piercing jewelry, including, but not limited to that displayed via nose piercing, tongue piercing, eyebrow piercing, lip piercing, or any other facial piercing, must not constitute a potential safety hazard for the employee or others due to its characteristics or the manner in which it is worn, or otherwise violate City policies, including but not limited to policies prohibiting harassment and discrimination in the workplace. Such a determination will rest in the discretion of the City Manager. 2. Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer while at work. J. Hair Hair should be clean and not constitute a safety hazard. IV. VIOLATION OF THIS POLICY If an employee believes this policy is being violated, they should report it to their Department Head or City Manager. V. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. VI. APPROVED BY THE CITY MANAGER Sergio Gonzalez DRESS CODE POLICY PAGE 5 of 5 Page 057 VII. ACTION This policy is effective December 5, 2023. Page 058 I. PURPOSE To protect the health, safety, and comfort of employees, contractors, residents and visitors of the City of Azusa. Smoking is a leading cause of preventable death in the United States. Smoking and secondhand smoke are known causes of lung disease, heart disease, and cancer. Azusa recognizes the hazards caused by tobacco use and exposure to secondhand tobacco smoke. This policy covers the smoking of any tobacco product, including smokeless tobacco products, vape and electronic cigarettes (regardless of tobacco content), and it applies to both employees, volunteers, vendors/contractors, residents and visitors to Azusa facilities. II. POLICY No use of tobacco products, including cigarettes, smokeless tobacco, and electronic cigarettes, is permitted within the facilities, buildings, vehicles or any property owned or leased by the City of Azusa at any time. III. APPLICABILITY This policy applies to all permanent, temporary, and part-time employees, as well as volunteers, contractors, and elected and appointed officials. IV. DEFINITIONS A. Property: Property means the City’s facilities “curb to curb,” including offices, grounds, parking lots/ramps, City-owned vehicles/equipment, and employee vehicles parked on City-owned and leased property. This definition is not intended to include sidewalks, streets, medians, etc. owned by the City and outside of the City’s facilities. CITY OF AZUSA ADMINISTRATIVE POLICY TOBACCO-FREE POLICY Page 059 B.Tobacco Products: Includes cigarettes, pipes, cigars, smokeless tobacco products, and vape and electronic cigarettes (regardless of tobacco content). V.PROCEDURE A.Employees, volunteers, visitors, contractors and residents will be informed of the City’s tobacco-free policy through signs posted throughout properties owned and operated by the City. B.The City will assist employees who want to quit smoking by helping them access smoking cessation programs and materials through the Employee Assistance Program(s). C.Any resident, contractor or visitor observed using tobacco or electronic cigarettes on City-owned or leased premises will be asked to discontinue in a tactful manner. D.Any employee violations of this policy will be handled through the disciplinary process. VI.DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. VII.APPROVED BY THE CITY MANAGER Sergio Gonzalez VIII. ACTION This policy is effective December 5, 2023. TOBACCO-FREE POLICY PAGE 2 OF 2 Page 060 I. PURPOSE The purpose of this policy is to provide instructions for City employees in the event of a disaster. II. APPLICABILITY This Policy applies to all full and part-time City employees. III. POLICY Because disasters happen suddenly and can disrupt day-to-day City operations, it is essential that a planned response is prepared well in advance. Disasters impact communications, transportation, essential services and suppliers, and human resources. As such, cities must rely on internal resources to meet the demands of a devastated community. History and experience have shown us that by developing a planned response, aligning resources, and impressing government employees into service has improved the chances of a quick recovery during a state of war emergency, a state of emergency, or a local emergency. As delegated by California Law, the City of Azusa has established a Disaster Service Worker Program for such purposes. In accordance with the California Government Code 3100-3109; Labor Code 3211.92(b), and the City of Azusa Municipal Code Chapter 26, Sec. 26-5, city personnel are automatically Disaster Service Workers and will be called into service in order to protect life and property, and to assist in the response and recovery effort. All city employees may be called to report to work should a disaster occur during off-duty hours. Employees normally receive this information upon hiring and are given an oath to support the Constitution of the United States and the City of Azusa. More information on these CITY OF AZUSA ADMINISTRATIVE POLICY DISASTER SERVICE WORKER POLICY DISASTER SERVICE WORKER POLICY PAGE 2 OF 7 Page 061 regulations can be found at the end of this document. IV. THE DISASTER PLAN The City of Azusa has a Hazardous Mitigation Plan that offers guidance on responding to disasters, as well as an Emergency Operations Center and Emergency Operations Team that will already have been activated by the time Disaster Service Workers are called during an emergency. V. REPORTING PROCEDURES FOR DISASTER SERVICE WORKERS The following Procedures are set forth to ensure a rapid, effective response following a disaster. If a disaster occurs during non-work hours employees are expected to report to work as quickly as possible if safe to do so. Temporary childcare and a family shelter will be established if employees’ homes have sustained severe damage, or alternate childcare is not available. A. Employees should check on the safety of their homes and family members and turn on a radio or television to determine if Azusa has been impacted by the disaster. Proceed to your work location, or the City EOC if safe to do so. Employees are encouraged to call in before reporting; however, if the phone system is inoperable or no one has contacted you, employees should assume damages are severe to Azusa and help is needed. Information Line: (626) 812-5060 Employee Call to Duty Line: (626) 812-3296 Azusa Police Department: (626) 812-3234 B. Employees are encouraged to bring a disaster preparedness kit, along with any necessary food, medications, hygiene supplies, toys, etc. that your family may require. The City may not have access to supplies right away. C. Employees should use extreme caution when driving to work due to hazardous or potentially damaged roads and freeways. DISASTER SERVICE WORKER POLICY PAGE 3 OF 7 Page 062 D. Always carry your City I.D. and cooperate with first responders (Police Fire, etc.) during travel. E. If it is not possible to return to work, contact your supervisor, and report to the nearest emergency response agency or local government agency. Identify yourself as an employee of the City of Azusa and offer assistance F. In all cases, if an employee cannot report to work immediately, they should attempt to contact their supervisor and advise them of their status. G. Be prepared to provide an estimated time when you will become available. Employees are expected to return to work as quickly as possible as the duration of disaster response and recovery may be uncertain. VI. WHERE TO REPORT A. Personnel who do not have emergency assignments or who are not sure of their emergency assignment should report to their normal work sites, or as instructed by their supervisor. B. Personnel with emergency responsibilities should report to their pre- designated work sites or to the Emergency Operations Center (EOC), which is located as follows: Primary EOC: Azusa Police Department, 725 N. Azusa Avenue, Azusa, CA 91702. Alternate EOC: Azusa Pacific University, Event Center, 701 E. Foothill Blvd., Azusa, CA 91702. VII. WHAT TO DO WHEN YOU ARRIVE A. Sign in with the appropriate department or division supervisor at your designated work site. Disaster response documentation should begin immediately to recoup disaster-related funds from FEMA. B. Notify your supervisor of any family members who may have accompanied you to work. If you have brought children or other family members with you, take them to the designated childcare area or shelter prior to commencing your work assignment. C. Obtain a briefing before you start to work. The briefing should include: DISASTER SERVICE WORKER POLICY PAGE 4 OF 7 Page 063 1. Current situation assessment. 2. Location of work area. 3. Description of specific job responsibilities. 4. Identification of co-workers within the job function and/or geographical assignment. 5. Communications systems. 6. Procedural instructions for obtaining additional supplies, services and personnel. 7. Length of work shift and Operational Period. 8. Identification of eating and sleeping arrangements as appropriate. VIII. WHAT TO EXPECT WHILE ON DUTY A. Respond to the emergency, giving first priority to life saving actions. B. Establish communications with other personnel (field, EOC, City Hall, etc.) C. Maintain documentation of the emergency, including actions taken, employee arrival times and assignments, equipment and materials, rental, and purchase costs, etc. D. You will be working under a different table of organization, to reflect the management structure of the National Incident Management System (NIMS). Therefore, you may have a different supervisor than the one you report to on a day-to-day basis. Likewise, you may be in charge of people who are not normally under your supervision. E. You will not be asked to do anything beyond your scope of training, skill, or ability. Necessary safety training will be provided for any support functions at a disaster site. A few examples of support functions are administrative, information, registration, food and water distribution, shelters, warehousing, sand bagging, messenger. F. Employees should expect to work a twelve (12) hour duty schedule. This schedule will continue as long as the disaster/emergency situation and or recovery operations require. For this reason, it is crucial that you have an emergency plan for your household, and that you prepare family members DISASTER SERVICE WORKER POLICY PAGE 5 OF 7 Page 064 to take care of themselves during your absence. G. Wear all identification, safety gear, vests, helmets, etc. issued to you. Your personal safety and Identification become even more critical during the chaos that follows a disaster. H. Supervisors will make every effort to develop a flexible work schedule to assist and accommodate employees who have been heavily impacted by the disaster. I. If you have any physical limitations or are taking special medications that prohibit certain activities, let your supervisor know immediately. J. Everyone will be under a great deal of stress. Remember this when dealing with co-workers, residents, and personnel from outside agencies. K. Be sure to follow all instructions and training provided. L. Employees are encouraged to participate in shift change briefings, attend special briefings, and monitor news updates to stay informed. M. Complete a timesheet at the end of each day. N. Refer all public and media inquiries to the City PIO who will address and provide regular updates. O. The EOC Director and Command Staff will determine when it is time to demobilize and return to regular operations and work schedules. IX. REGULATIONS THAT GOVERN DISASTER SERVICE WORKERS A. California Government Code, California Emergency Services Act Government Code 3100-3109: All public employees are hereby declared to be Disaster Service Workers subject to disaster service activities as assigned to them by superiors or by law. B. State of California Labor Code states, “All Full and part time city staff are considered essential emergency personnel and under Chapter 1 (section 3211.92) of Part 1 of Division 4 of the State of California Labor Code are defined as “Disaster Service Workers.” As such, all employees are expected to make every reasonable effort to return to work following any disaster or emergency situation that may require the activation of the EOC or their individual department or unit. If at work, staff members are DISASTER SERVICE WORKER POLICY PAGE 6 OF 7 Page 065 expected to stay at their workstations or emergency locations unless they are injured, relieved, or dismissed by the Director of Emergency Services, or their immediate supervisor. C. City of Azusa Municipal Code, Chapter 26, Civil Emergencies, Article I, Sec. 26-4,6 ©. Powers and Duties: Notwithstanding the provisions of this Code, the emergency services director shall; “Require emergency services of any city officer or employee, and, for the proclamation of a state of emergency in the county in which this city is located or for the existence of a state of war emergency, command the aid of as many citizens of this community as he deems necessary in the execution of his powers and duties….” D. City of Azusa Municipal Code, Chapter 26, Sec. 26-5. Emergency Organization: “All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency and all groups, organizations and persons impressed into service under the provisions of section 26-4(a)(6)c are charged with duties incident to the protection of life and property in this city during such emergency and shall constitute the emergency organization of this city.” X. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. XI. APPROVED BY THE CITY MANAGER Sergio Gonzalez DISASTER SERVICE WORKER POLICY PAGE 7 OF 7 Page 066 XII. ACTION This Policy is effective December 5, 2023. Page 067 I. PURPOSE The purpose of this policy is to: A. Provide useful and accurate information in a timely and professional manner regarding city business and services. B. Present information in a manner that is consistent with City Council's policies and philosophies. C. Assure as much as possible that consistent information is being disseminated by the organization. D. Ensure that the City Council, staff, media and general public are aware of any communications issues. E. Use the media as a resource, particularly in emergency, disaster or crisis situations. F. Foster a cooperative working relationship between the City of Azusa and the media. G. Establish procedures for responding to media inquiries, including identifying a City spokesperson. H. Clarify the difference between being a spokesperson on behalf of the City of Azusa and the expression of individual opinions of elected and appointed officials about politics and policy development. II. APPLICABILITY This procedure applies to all City Departments and employees. CITY OF AZUSA ADMINISTRATIVE POLICY MEDIA INQUIRY POLICY MEDIA INQUIRY POLICY PAGE 2 OF 6 Page 068 III. PROCEDURE The following procedures and standards will be used by all departments as applicable to media relations within the City of Azusa. A. Spokesperson: In most cases there will be one spokesperson designated for response to each inquiry. For citywide inquiries, the spokesperson will most often be the City Manager or his designee. For department-related issues, the spokesperson will most often be the Department Head. B. Primary City Contact: The City Manager and/or their designee will serve as the primary source of city information, providing background information about city issues, projects and services. C. Priority attention should be given to all media inquiries. Every effort should be made to meet media deadlines and ensure that all information released is accurate. Accuracy of information takes precedence over media deadlines. D. If another priority prevents an immediate response, a courtesy call should be made to the reporter confirming what information is requested and advising when the requested information will be available. E. Routine media requests may be responded to by any employee if the response is of a factual, incidental or inconsequential nature (i.e., special event schedule). F. Non-routine media requests should be forwarded the City Manager prior to response. These may include responses that require the interpretation of policy, employee information and emergency situations. G. Media corrections: Errors in reporting will be brought to the attention of the City Manager. Staff will make every effort to have the City Manager or designee present at all person-to-person interviews in order to evaluate the effectiveness of the staff, evaluate the interaction with media; and offer assistance to staff and media. H. Sensitive and controversial issues: Sensitive and controversial issues often become headlines for the news media. This provision provides a framework for the City to respond appropriately and as soon as possible to sensitive and controversial. These issues include: 1. Personnel issues related to any City employee, such as a MEDIA INQUIRY POLICY PAGE 3 OF 6 Page 069 performance evaluation, reasons for termination, reasons for not hiring, and harassment claims. 2. Legal claims or lawsuits filed against the City of Azusa or any of its employees or agents. 3. Existing or potential threats to public safety, welfare or property. 4. Issues that may affect the City's public image or citizen confidence. a. Sensitive and controversial issues pertaining to internal operations of the City organization should be immediately forwarded to the City Manager in order to prepare for, or respond to, media inquiries. The City Manager will communicate with the Department Heads and other City officials as necessary, including the City Attorney, to develop appropriate strategies for each issue and determine an appropriate spokesperson. b. Any City employee who speaks to a reporter or editor in their official capacity about a sensitive or controversial City-related issue without authorization and prior approval by the City Manager may be subject to disciplinary action. c. Sensitive and controversial issues of interest to the media may be best assessed by asking the following: i. Is the issue a threat, existing or potential, to life, health, or property? ii. Could the issue likely be interpreted to negatively affect public confidence in, or opinion of, of the City of Azusa government or the City Council? iii. Is the issue of particular interest to the general public? iv. Are there legal ramifications, existing or potential, raised by the issue? v. Has more than one member of the media inquired about the same issue? vi. Has someone or some aspect of it threatened to go to the media about the issue? vii. Is there unusual or inappropriate interest by a person or small group of people about a seemingly routine issue? MEDIA INQUIRY POLICY PAGE 4 OF 6 Page 070 I. Police Department Media Relations: Due to the unique nature of their work and 24/7 schedule, the Police Department may designate sworn personnel as media spokespersons. Any media calls to other City staff regarding a Police issue should be referred immediately to the PIO in the Police Department, as appropriate. All information released to the media by the Police Department should be provided immediately to the City Manager, and, when appropriate, those offices should be contacted at the time of major incidents. J. Public Records Requests: Public Records Act requests from the media or general public for details or other information related to a sensitive or controversial issue must be made in writing in accordance with the City's Request for Public Records. All public records requests will be forwarded to the City Clerk immediately upon receipt. K. Guidelines for Employees Acting as Private Citizens: The following guidelines are offered employees who may choose to contact the media as a private citizen. These guidelines do not prohibit such contact but support other City policies deemed necessary by state and federal law regarding improper use of City equipment and property: 1. Letters to the Editor may not be prepared on City time, printed on City letterhead stationery, or mailed at City expense. 2. Telephone contact may not be made on City time or using City telephones. Use of City email is prohibited. 3. Use of City facilities or supplies is prohibited. 4. Responses or letters shall not include the employee's official title or imply that the response is on behalf of the City of Azusa organization. 5. Statements made to the media shall not disrupt public meetings or interfere with the City Manager or designee in carrying out the day- to-day management responsibilities of the City. 6. These guidelines also apply to employees responding to or initiating media contact as official representatives of employee groups. L. Emergency Media Relations. In the event of a disaster or emergency that requires the Azusa Emergency Operations Center (EOC) to be activated, the City Manager (or designee), Chief of Police (or designee) or Emergency Services Coordinator (or designee) will be responsible for MEDIA INQUIRY POLICY PAGE 5 OF 6 Page 071 primary media relations. 1. Upon the Proclamation of a Local Emergency by the Azusa City Council, the Mayor, Mayor Pro-Tem or designee may conduct the first news conference announcing such Proclamation. 2. The Planning Section will work with the City Manager to prepare for a news conference. 3. Contact with the media by elected officials shall be arranged by the City Manager. M. Responding to Media Inquiries: 1. City Employee Responsibilities and Guidelines: a. It is the responsibility of employees to immediately notify the City Manager of significant events or issues that occur and may be of major interest to the general public. b. Employees may respond directly to a media inquiry regarding routine, factual information relating specifically to their function and information is of an inconsequential nature. c. If the inquiry involves policy issues, the staff member may only respond after direction to do so from their Department Head and with the Department Head’s knowledge of the response. 2. Department Head Responsibilities and Guidelines: It is the responsibility of Department Heads to immediately notify the City Manager or PIO of significant events or issues that occur within their departments and may be of major interest to the general public. The City Manager will determine the appropriateness of contacting the City Council. Examples include, but are not limited to: injury, termination, serious illness, or death of an employee. IV. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. MEDIA INQUIRY POLICY PAGE 6 OF 6 Page 072 V. APPROVED BY THE CITY MANAGER VI.Sergio Gonzalez VII.ACTION This policy is effective December 5, 2023. Page 073 I. PURPOSE The purpose of this policy is to provide guidelines to employees on conflicts of interest. II. APPLICABILITY This Policy applies to all full-time and hourly/part-time City employees and City Officials. III. POLICY Employees are expected to devote their best efforts and attention to the full-time performance of their jobs. They are expected to use good judgment, to adhere to high ethical standards and to avoid situations that create an actual or potential conflict between the employee’s personal interest and the interests of the City. A conflict of interest exists where the employee’s loyalties or actions are divided between the City’s interests and those of another organization, special interest, some narrow public interests, supplier, vendor, consultant, or potential supplier. Both the fact, and the appearance of, a conflict of interest should be avoided. In some cases, the provisions of the Brown Act may control. Employees unsure as to whether a certain transaction, activity, or relationship constitutes a conflict of interest should discuss such with their immediate supervisor or department head for clarification. Any exceptions to this guideline must be approved in writing by the City Manager. A. Examples of Conflicts. While it is not feasible to describe all possible CITY OF AZUSA ADMINISTRATIVE POLICY CONFLICT OF INTEREST POLICY CONFLICT OF INTEREST POLICY PAGE 2 OF 3 Page 074 conflicts of interest that could develop, some of the more common conflicts, from which employees should refrain, include the following: 1. Accepting personal gifts or entertainment in an amount over the Political Reform Act’s gift limit from a special interest, suppliers, or members of the public who might gain from improved relationships. 2. Working for a special interest or organization that could benefit from the relationship. 3. Engaging in self-employment in competition with the City. 4. Using proprietary or confidential City information for personal gain or to the City’s detriment. 5. Having a direct or indirect financial interest in or relationship with a competitor, special interest, or member of the public who could benefit. 6. Using City assets or labor for personal use. 7. Acquiring an interest in property or assets of any kind for the purpose of selling or leasing it to the City. 8. Committing the City to give its financial or other support to any outside activity or organization. 9. Developing a personal relationship with an employee of a vendor, supplier, consultant, contractor, special interest group of the City that might interfere with the exercise of impartial judgment in decisions affecting the City or any employees of the City. B. Disclosures: If an employee or someone with whom an employee has a close relationship (a family member or close companion) has a financial or employment relationship with a competitor, supplier, potential supplier, or special interests, the employee must disclose this fact in writing to the Human Resources Office. Employees should be aware that if they enter into a personal relationship with an employee of a competitor, supplier, potential supplier, or special interest group, etc., a conflict of interest may exist, which requires full disclosure to the City. C. Disciplinary Action: Failure to adhere to this guideline, including failure to disclose any conflicts or to seek an exception, will result in discipline up to and including termination of employment. CONFLICT OF INTEREST POLICY PAGE 3 OF 3 Page 075 IV. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. V. APPROVED BY THE CITY MANAGER Sergio Gonzalez VI. ACTION This policy is effective December 5, 2023. Page 076 I. PURPOSE To maintain a workplace that is free of bullying. II. POLICY The City of Azusa considers workplace bullying/abusive conduct unacceptable and will not tolerate it under any circumstances. It is the policy of the City of Azusa that all employees should be able to work in an environment free of bullying. It is City’s expectation that all communication and interaction between City workers will, at all times, be professional, courteous and respectful. The City recognizes that workplace bullying can take place though a number of different methods of communication including face to face, email, text messaging and social media platforms. As such, this Policy applies to all methods of communication through which workplace bullying can take place. This Policy applies to behaviors that occur: A. In connection with work, even if it occurs outside normal working hours. B. During work activities, for example, when dealing with residents. C. At work-related events and functions, for example, at Christmas parties. D. On social media platforms where workers interact. III. APPLICABILITY All City employees and volunteers in City departments. CITY OF AZUSA ADMINISTRATIVE POLICY ABUSIVE CONDUCT POLICY ABUSIVE CONDUCT POLICY PAGE 2 OF 6 Page 077 IV. DEFINITIONS A. Bullying: Bullying is defined as behavior that harms, intimidates, offends, degrades or humiliates an employee, possibly in front of other employees, clients, or members of the public. Examples of bullying or abusive conduct that are prohibited in the workplace include, but are not limited to: 1. Profane or disrespectful language. 2. Hostile and rude behavior and speech directed at a co-worker. 3. Derogatory or sarcastic remarks and comments about a co-worker’s appearance or job performance, angry outbursts or yelling. 4. Name calling. 5. Throwing anything at or toward a co-worker. 6. Retaliation against any person who has reported disruptive behavior. 7. Belittling or humiliating comments. 8. Victimization. 9. Practical jokes or initiation. B. Indirect Bullying: Indirect bullying, or “microaggressions” is a passive form of bullying in the workplace. The following are some examples of indirect bullying: 1. Unjustified criticism or complaints. 2. Deliberately excluding someone from work-related activities. 3. Withholding information that is vital for effective work performance. 4. Setting unreasonable timelines or constantly changing deadlines. 5. Setting tasks that are unreasonably below or beyond a person’s skill level. 6. Denying access to information, supervision, consultation or resources to the detriment of the worker. 7. Spreading misinformation or malicious rumors; and ABUSIVE CONDUCT POLICY PAGE 3 OF 6 Page 078 8. Changing work arrangements such as rosters and leave to deliberately inconvenience a particular worker or workers. C. Workplace: For purposes of this policy, "work environment" and/or "workplace" includes but is not limited to City buildings, vehicles, equipment, property, or any location where a City employee is on duty. In addition, the use of social networking or other websites that violate this policy, even if done outside of the workplace or outside of City time, cannot and will not be tolerated. D. What is NOT Workplace Bullying: Reasonable management action taken by managers or supervisors to direct and control the way work is carried out is not considered to be workplace bullying, if the action is taken in a reasonable and lawful way. The following are some examples of reasonable management action: 1. Realistic and achievable performance goals, standards and deadlines. 2. Fair and appropriate rostering and allocation of working hours. 3. Transferring a worker to another area or role for operational reasons. Deciding not to select a worker for a promotion where a fair and transparent process is followed. 4. Informing a worker about unsatisfactory work performance in an honest, fair and constructive way. 5. Informing a worker about unreasonable behavior in an objective and confidential way. 6. Implementing organizational changes or restructuring. 7. Taking disciplinary action, including suspension or terminating employment where appropriate or justified in the circumstances V. RESPONSBILITIES A. Employee Responsibilities: Any employee who is the victim of bullying conduct, any witness to such conduct, or anyone receiving a report of such conduct, whether the perpetrator is a City employee or a non- employee, shall immediately report the incident to their supervisor or other appropriate person in the chain of command. ABUSIVE CONDUCT POLICY PAGE 4 OF 6 Page 079 B. City’s Responsibilities: The City will investigate any allegations of workplace bullying. Any reports of workplace bullying will be treated seriously and investigated promptly, confidentially (as possible) and impartially. C. Managers and Supervisors: Managers and supervisors have an important role to play in terms of fostering a culture that does not tolerate or encourage harassment, bullying or workplace violence and should ensure that they do not engage in any conduct of this nature themselves. Managers and supervisors should also ensure that workers understand this Policy and consequences of non-compliance. When managers and supervisors observe harassment, bullying or workplace violence occurring, they should take steps to prevent this conduct from continuing and warn the person or people involved of the consequences if the behavior continues (including disciplinary measures up to and including termination of employment). VI. PROCEDURES A. Employees can report an incident(s) of bullying to their supervisor, manager, Department Head or Human Resources. B. They will be investigated by the City immediately. C. If an employee makes a complaint of workplace bullying, harassment or violence, it will be taken seriously and will be dealt with sympathetically and in a confidential manner, except where the City deems it is necessary to disclose information in order to properly deal with the complaint. D. An employee will not be victimized or treated unfairly for making a complaint. E. If the claim is found to be substantiated, the City will take action, up to and including termination. Any worker found to have fabricated a complaint may be subject to disciplinary action, up to and including termination of employment. VII. CONFIDENTIALITY ABUSIVE CONDUCT POLICY PAGE 5 OF 6 Page 080 Every possible effort will be made to assure the confidentiality of complaints made under this policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by the Human Resources Manager. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. This prohibition does not include communication with a union representative or legal counsel, if appropriate. 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. VIII. ANTI-RETALIATION PROVISION No employee shall retaliate against any employee who is a target of bullying behavior, as well as any employee who makes complaints about or participated in any investigation or administrative process related to a complaint of workplace bullying. Employees found to have violated this section may be subject to disciplinary action up to and including termination of employment. IX. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. X. APPROVED BY THE CITY MANAGER ABUSIVE CONDUCT POLICY PAGE 6 OF 6 Page 081 Sergio Gonzalez XI. ACTION This policy is effective December 5, 2023. Page 082 I. PURPOSE The purpose of this policy is to establish a strong commitment to prohibit and prevent discrimination, harassment, and retaliation in employment; to define those terms; and to set forth a procedure for investigating and resolving internal complaints. The City of Azusa encourages all covered individuals to report, as soon as possible, any conduct that is believed to violate this policy. II. POLICY STATEMENT The Mayor and City Council of the City of Azusa are firmly committed to the concept of equal opportunity and fairness for all citizens. The City has zero tolerance for any conduct that violates this policy. Conduct need not rise to the level of a violation of law to violate this policy. Further, a single act can violate this policy and provide grounds for discipline or other appropriate sanctions. Harassment or discrimination against an applicant, employee, unpaid intern, volunteer, contractor or official by a supervisor, management employee, elected or appointed official, coworkers, unpaid interns, volunteers, contractors, or members of the public on the basis of race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including pansexuality, homosexuality, bisexuality, or heterosexuality), hair, military or veteran status, or any other protected classification, will not be tolerated. This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, assignment, work location, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training. CITY OF AZUSA ADMINISTRATIVE POLICY ANTI-HARASSMENT POLICY ANTI-HARASSMENT POLICY PAGE 2 of 10 Page 083 Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below. Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this policy will be subject to appropriate sanction or disciplinary action up to and including termination. III. APPLICABILITY This policy applies to all applicants, employees, unpaid interns, volunteers, contractors or elected and appointed officials. IV. DEFINITIONS A. Protected Classification: This policy prohibits harassment or discrimination because of an individual's protected classification. "Protected Classification" includes race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including pansexuality, homosexuality, bisexuality, or heterosexuality), hair, and military or veteran status. B. Policy Coverage: This policy prohibits a supervisor, management employee, elected or appointed official, coworkers, unpaid interns, volunteers, contractors, or members of the public from harassing or discriminating against applicants, employees, unpaid interns, volunteers, contractors or officials because of: 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. C. Discrimination: This policy prohibits treating individuals differently because of the individual's protected classification as defined in this policy. D. Harassment: Harassment may include, but is not limited to, the following types of behavior, if that behavior is taken because of a person's protected classification. Harassment is not limited to conduct by City employees. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, unpaid interns, ANTI-HARASSMENT POLICY PAGE 3 of 10 Page 084 volunteers, persons providing services under contracts, or even members of the public: 1. Speech: Epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes. 2. Physical acts: Assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts. 3. Visual acts: Derogatory posters, cartoons, emails, memes, videos, pictures, or drawings related to a protected classification. 4. 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. 5. Environmental: A work environment that is permeated with sexually-oriented talk, innuendo, insults or abuse not relevant to the subject matter of the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements. An environment may be hostile if unwelcome sexual behavior is directed specifically at an individual or if the individual merely witnesses unlawful harassment in their immediate surroundings. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, or whether the conduct unreasonably interferes with an individual's work. E. Personal Relationships: Romantic or sexual relationships between supervisors and their employees are highly discouraged and must be reported immediately. F. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines: 1. Harassment includes any conduct which would be "unwelcome" to an individual of the recipient's same protected classification and which is taken because of the recipient's protected classification. ANTI-HARASSMENT POLICY PAGE 4 of 10 Page 085 2. It is no defense that the recipient appears to have voluntarily "consented" to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized. 3. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future. 4. Even visual, verbal, or physical conduct between two individuals who appear to welcome the conduct can constitute harassment of a third individual who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual. 5. Conduct can constitute harassment in violation of this policy even if the individual engaging in the conduct has no intention to harass. Even well- intentioned conduct can violate this policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient's same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames). G. Retaliation: Any adverse conduct or action taken because an applicant, employee, unpaid intern, volunteer or contractor has reported harassment or discrimination, or has participated in the complaint and investigation process described herein, is prohibited. Adverse conduct includes but is not limited to: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination, or real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. The following individuals are also protected from retaliation: those who make good faith reports of harassment or discrimination, those who associate with an individual who is involved in reporting harassment or discrimination, and those who participate in the complaint or investigation process. Where violations of this policy are found to have occurred, the City Manager and/or Department Heads are required to take appropriate corrective action in accordance with applicable Rules of the Civil Service System. V. HARASSMENT COMPLAINT PROCEDURE The following procedures are intended to facilitate the timely resolution of complaints of unlawful harassment. They are designed to administratively resolve complaints in a timely ANTI-HARASSMENT POLICY PAGE 5 of 10 Page 086 manner, ensure that appropriate action is taken, and minimize the financial impact upon both the complainant and the City. A. City employees, unpaid interns, volunteers, job applicants, contractors, or third parties, such as a member of the public, have several administrative processes available to them for resolution of a complaint. The complaint can be made verbally or in writing with any of the following. There is no need to follow the chain of command: 1. Any supervisor or manager within or outside of the person's department. 2. Any Department Head. 3. Human Resources Manager. a. The written complaint may include: i. The name, address, and telephone number of the complainant. ii. The basis of the alleged discrimination: race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including pansexuality, homosexuality, bisexuality, or heterosexuality), hair, military or veteran status, or any other protected classification as defined by the law. iii. The discriminatory practice(s), procedure(s), or incident(s) which has occurred, including dates, times, witnesses, and/or locations. iv. The names of any persons thought to be responsible for the discrimination. v. The name, address, and telephone number of the complainant's representative, if any. vi. Any additional information that is relevant to the complaint. B. Any supervisor or Department Head who receives a harassment complaint should notify the Human Resources Manager immediately. C. Upon receiving notification of a harassment complaint, Human Resources Manager shall: ANTI-HARASSMENT POLICY PAGE 6 of 10 Page 087 1. Within two weeks of receiving a complaint, provide the complainant with a response indicating that the complaint has been received and that a fair, timely, and thorough investigation will be conducted. 2. Timely authorize and supervise a fair and thorough investigation of the complaint by impartial and qualified personnel and/or investigate the complaint. The investigation will afford all parties with appropriate due process and include interviews with: a. The complainant. b. The accused harasser. c. Other persons who have relevant knowledge concerning the allegations in the complaint. 3. Review the factual information gathered through the investigation to reach a reasonable conclusion as to whether the alleged conduct constitutes harassment, discrimination, or retaliation giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred. 4. Complainant and accused will receive an update of the investigation within 90 days if the investigation has not been closed, and every 90 days thereafter until closed. 5. Timely report a summary of the determination as to whether findings occurred to appropriate persons, including the complainant, the alleged harasser, the supervisor, and the Department Head. If discipline is imposed, the level of discipline will not be communicated to the complainant. 6. If conduct in violation of this policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense. 7. Take reasonable steps to protect the complainant from further harassment, discrimination, or retaliation. 8. Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint. D. The City takes a proactive approach to potential policy violations and will investigate if its officers, supervisors, or managers become aware that harassment, discrimination, or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation. ANTI-HARASSMENT POLICY PAGE 7 of 10 Page 088 E. An individual has the option to report harassment, discrimination, or retaliation to outside administrative agencies, such as the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the government section of the telephone book or employees can check the posters that are located on employer bulletin boards for office locations and telephone numbers. F. The Human Resources Manager shall have the authority to administratively close a complaint, thereby precluding further consideration of the complaint, for any of the following reasons: 1. Failure by the complainant to cooperate with staff conducting the investigation. 2. Inability to reach the complainant after repeated efforts by the staff conducting the investigation. 3. No assertion that the alleged acts occurred based on one or more of the protected classifications. 4. Lack of jurisdiction by the City of Azusa over the complaint. 5. The complainant has filed a grievance or appeal under another City procedure regarding the same or similar issues. 6. The complainant has filed a complaint with an outside agency (e.g., EEOC, DOL, DOJ, DFEH) or has filed a lawsuit against the City (or City Department) regarding the same or similar issues. 7. Failure to establish a nexus between the alleged act and discrimination based upon one of the categories as listed under definitions. VI. CONFIDENTIALITY Every possible effort will be made to assure the confidentiality of complaints made under this policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by the Human Resources Manager. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. This prohibition does not include communication with a union representative or legal counsel, if appropriate. ANTI-HARASSMENT POLICY PAGE 8 of 10 Page 089 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. VII. RESPONSIBILITIES A. The City Manager and Department Heads are responsible for: 1. Modeling appropriate behavior. 2. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language. 3. Ensuring that complaints are addressed promptly and fairly. 4. Notifying Human Resources when a complaint is filed. B. Human Resources Manager is responsible for: 1. Ensuring that complaints are investigated promptly and fairly. 2. Informing those who complain of harassment or discrimination of their option to contact the EEOC or DFEH regarding alleged policy violations. 3. Informing complainant of the conclusion of the investigation and if there were findings. C. Managers and Supervisors are responsible for: 1. Informing employees of this policy. 2. Modeling appropriate behavior. 3. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints. 4. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language. 5. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals. 6. Assisting, advising, or consulting with employees and the Human Resources Manager regarding this policy and complaint procedure. ANTI-HARASSMENT POLICY PAGE 9 of 10 Page 090 7. Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with the Rules of the Civil Service System, up to and including discharge. 8. Implementing appropriate disciplinary and remedial actions. Reporting potential violations of this policy of which they become aware, regardless of whether a complaint has been submitted, to the Human Resources Office or the Department Head. 9. Participating in periodic training and scheduling employees for training. D. All employees or contractors are responsible for: 1. Treating all employees, volunteers, visitors, residents, vendors and contractors with respect and consideration. 2. Modeling appropriate behavior. 3. Participating in periodic training. 4. Fully cooperating with the City's investigations by responding fully and truthfully to all questions posed during the investigation. 5. Maintaining the confidentiality of any investigation that the employer conducts by not disclosing the substance of any investigatory interview, except as directed by the Department Head or Human Resources Manager. This prohibition does not include communication with a union representative or legal counsel, if appropriate. 6. Reporting any act they believe in good faith constitutes harassment, discrimination, or retaliation as defined in this policy, to their immediate supervisor, Department Head, Human Resources Manager or Administrative Services Director. ALL EMPLOYEES ARE ASSURED THAT THEY MAY COOPERATE IN SUCH INVESTIGATION WITHOUT FEAR OF RETALIATION OR REPRISAL BY THE CITY, DEPARTMENT MANAGEMENT OR THEIR IMMEDIATE SUPERVISOR. VII. CONCLUSION Employees who have questions about the rights and obligations set forth here should contact the Human Resources Office. All employees should be familiar with the rights and ANTI-HARASSMENT POLICY PAGE 10 of 10 Page 091 obligations set forth here and should conduct themselves in a manner consistent with this policy. VIII.DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. IX.APPROVED BY THE CITY MANAGER SERGIO GONZALEZ X. ACTION This policy is effective December 5, 2023. Page 092 I. PURPOSE The City of Azusa desires to regulate 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 in the workplace. II. POLICY No City employee or volunteer may make, participate in, or attempt to influence employment or other business decisions involving a relative or pressure or cause others to do so. There can be no direct reporting or supervisory relationship between relatives, and all “employment decisions” must be made by others. An individual may not be assigned to a position that is under the supervision or control of a relative who has or may have a direct effect on the individual’s progress or performance. III. APPLICABILITY This policy applies to all permanent, temporary, part-time employees and volunteers. IV. DEFINITIONS A. Applicant: A person who applies for a position at the City and is not a current employee. CITY OF AZUSA ADMINISTRATIVE POLICY ANTI-NEPOTISM POLICY ANTI-NEPOTISM POLICY PAGE 2 OF 6 Page 093 B. Change of Status: A change in the legal status or personnel status of one or more current employees. 1. Changes in legal status include but are not limited to marriage, divorce, separation, or any such change through which a current employee becomes a relative or spouse of another current employee or ceases to be a relative or spouse of another current employee. 2. Changes in personnel status include but are not limited to promotion, demotion, transfer, resignation, retirement, or termination of a current employee who is a relative or spouse of another current employee. C. Current Employee: A person who is presently a City employee or appointed City official. D. Relative: A child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership. E. Spouse: One of two persons to a marriage, or two people who are registered domestic partners, as those terms are defined by California law. F. Supervisory Relationship: A relationship in which one 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. V. 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 direct or indirect supervisory relationship between the relatives. A potential for creating an adverse impact on supervision, safety, security, morale, or efficiency. A. Employment of Spouses. 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: ANTI-NEPOTISM POLICY PAGE 3 OF 6 Page 094 1. One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner. 2. Potential conflicts of interest or safety hazards for married persons or those in domestic partnership which are greater than for those who are not married or in domestic partnerships. B. Marriage or Domestic Partnership After Employment. 1. Transfer: If two City employees who work in the same department later become spouses or domestic partners, the Human Resources Manager has discretion to transfer one of the employees to a similar position in another department or to a similar position in the same department, but in a different division/work unit. Although the wishes of the two employees will be considered, the Human Resources Manager retains sole discretion to determine which employee will be transferred based upon City needs for supervision, safety, or security, or morale. An employee who is transferred to a lower paying position shall be Y-rated. Any such transfer that results in a salary reduction is not disciplinary and is not subject to a pre- or post-disciplinary appeal due process, but is subject to the Grievance Policy. 2. Separation: If continuing employment of both employees, who work in the same department and who later become spouses or domestic partners, cannot be accommodated in a manner the Human Resources Manager finds to be consistent with the City’s interest in the promotion of supervision, safety, or security, or morale, then the Human Resources Manager retains sole discretion to separate one employee from City employment. Absent the resignation of one employee, the less senior employee will be separated. Any such separation is not considered to be disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process. C. Applicants for Employment. 1. Right to Apply: No qualified applicant may be denied the right to submit an application for employment and compete in the examination process. However, consistent with this Section, the City may ANTI-NEPOTISM POLICY PAGE 4 OF 6 Page 095 reasonably regulate, condition, or prohibit the employment of an applicant for any position. 2. Disclosure of Relationship: Each applicant is required to disclose the identity of any relative or spouse who is a current employee. 3. Review by the Human Resources Office: For each applicant who has a relative or spouse who is a current employee, the Human Resources Office will assess and issue a written decision as to whether any of the following circumstances exist: a. Business reasons of supervision, safety, or security, or morale warrant the City’s refusal to place the applicant in a supervisory relationship with the relative or spouse; or b. Business reasons of supervision, or security, or morale that involve potential conflicts of interest or other hazards that are greater for a Relative or Spouse than for other employees, which warrant the City’s refusal to permit employment of a relative or spouse in the same department, division, or facility. 4. Effect of Decision of the Human Resources Office. a. If the Human Resources Office determines that either of the above circumstances exists, the Human Resources Office may either reject the applicant or consider the applicant for employment in a position in the same classification that does not present either of the above circumstances. b. Following examination, if the applicant is successfully certified as eligible, they may be employed in a position for which the Human Resources Office has determined that no conflict exists pursuant to this Rule. c. When an eligible applicant is refused appointment by virtue of this Rule, their name will remain on the eligibility list for openings in the same classification. For each opening, the Human Resources Office will make a determination consistent with Section E.3 of this Rule. D. Guidelines for Current Employees. 1. Duty to Report: Employees must report a Change of Status to the Human Resources Office within a reasonable time after the effective ANTI-NEPOTISM POLICY PAGE 5 OF 6 Page 096 date of the Change of Status. Wherever feasible, Employees must report a Change of Status in advance of the effective date. 2. Review and Decision by the Human Resources Office. a. The Human Resources Office will undertake a case-by-case consideration and individualized assessment of the particular work situation to determine whether the Change of Status has the potential for creating an adverse impact on supervision, safety, or security, or morale. b. The Human Resources Office will consult with an affected Department Head to make a good faith effort to regulate, transfer, condition, or assign duties in such a way as to minimize potential problems of supervision, safety, or security, or morale. c. Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that there is potential for creating an adverse impact on supervision, safety, security, or morale cannot be sufficiently minimized and to take further action. d. The Human Resources Office will issue a written decision within 30 business days from receipt of notice of a Change of Status. E. Appeal of Decision by Human Resources Office. 1. Current employees affected by the application of this Policy may appeal the action to the City Manager within ten (10) five business days of receipt of the Human Resources Office’s decision. 2. The City Manager will hear the individual’s concerns and issue a written decision within 30 business days of the receipt of the individual’s appeal. The decision of the City Manager may be final, subject to the Grievance Procedure. VI. DISSEMINATION OF POLICY All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy. ANTI-NEPOTISM POLICY PAGE 6 OF 6 Page 097 VII.APPROVED BY THE CITY MANAGER Sergio Gonzalez VIII. ACTION This Policy is effective December 5, 2023. Page 098 I. PURPOSE The purpose of this policy is to establish procedures for the voluntary transfer of leave hours for employees experiencing a catastrophic illness or injury. II. POLICY The voluntary catastrophic leave bank permits employees to transfer accumulated leave hours to a bank that can be used by eligible employees who have exhausted all paid leave when an employee experiences a catastrophic illness or injury or is needed to care for an immediate family member who is experiencing a catastrophic illness or injury. III. APPLICABILITY This policy applies to all current employees. IV. DEFINITIONS A. Catastrophic Illness or Injury: A catastrophic illness or injury is defined as an extreme or severe illness or injury that substantially limits the individual from performing one or more major life activities. The condition must prevent the employee from working more than five (5) consecutive workdays. The condition may be permanent or temporary. It may also include absences due to receiving multiple treatments either after surgery, accident, or other injury or for an acute condition such as cancer or kidney disease. The employee must submit a statement from their treating physician that states the employee’s condition meets the criteria. CITY OF AZUSA ADMINISTRATIVE POLICY CATASTROPHIC LEAVE DONATION POLICY CATASTROPHIC LEAVE DONATION PROGRAM PAGE 2 OF 4 Page 099 Conditions that are short-term in nature, including, but not limited to, common illnesses such as colds, influenza, measles, and other common illnesses or injuries, are not catastrophic. In addition, pregnancy, labor, and delivery are not catastrophic, unless complications occur. B. Immediate Family Member: Immediate family members defined for the purposes of this leave includes spouse, child, stepchild, foster child, legal ward, parent, or domestic partner. C. Eligibility to Participate: Full-time regular employees who have completed one year of service with the City are eligible to donate time. D. Eligibility to Receive: Regular employees who have completed their initial probationary period, provided appropriate verification of a catastrophic illness or injury, and have exhausted all City-paid leave accruals. Employees must also apply for the City’s short-term disability program, if eligible. Catastrophic leave donations are integrated with short-term disability payments to match the employee’s regular biweekly salary. In no case shall an employee take home more than their regular biweekly salary while participating in the Catastrophic Leave Program. E. Leave Bank: A bank of hours donated by employees for those employees who are off work due to a catastrophic leave, for the purpose of providing salary continuation. V. PROCEDURE A. Leave Eligible for Transfer: Employees may donate accrued vacation and compensatory time off leave hours. Sick leave may not be donated. Employees must use the approved City form to donate hours. B. Minimum/Maximum Donations: Employees donating leave must donate in increments of whole hours with a minimum of one (1) hour. Donating employees must have a vacation leave balance of a minimum of eighty (80) hours after the donation. All donations will be voluntary, confidential, and irrevocable. Employees may donate leave hours to the bank at any time. Employees may receive donations in up to 80-hour increments with a maximum of three hundred and twenty (320) total hours of catastrophic CATASTROPHIC LEAVE DONATION PROGRAM PAGE 3 OF 4 Page 3 leave. While an employee is on catastrophic leave using donated time, the employee shall not accrue any vacation, sick or holiday leave benefits. C. Calculation of Leave Credit: Donated leave hours will be converted to dollars at the donor’s current hourly rate of pay and leave hours transferred to a recipient will be removed from the bank at the recipient’s current hourly rate of pay. All unused donated hours remaining in the recipient’s leave balances when they return to work will be retained by Catastrophic Leave Bank. D. Tax Liability: Donations are subject to applicable tax laws. Recipient employees will be responsible for any applicable state and federal income taxes on the donated time. There is no tax liability to donors. Donations are not tax deductible for donating employees. Paid leave provided to an employee from the Catastrophic Leave Bank is considered compensation under CalPERS rules and will contribute to an employee’s service credit at CalPERS. The City will make any required employer contributions to CalPERS for eligible employees receiving such leave, and employee contributions to CalPERS will be deducted from the compensation provided to the employee in the pay period during which such compensation is paid. E. Solicitations of Donated Leave: Solicitations for donated hours will be made by the Human Resources Office when an approved Request for Catastrophic Leave Donations form has been received and the catastrophic leave bank does not have sufficient funds to cover the anticipated needed hours. No employee, supervisor or manager shall solicit donations on behalf of themselves or others. F. All employees shall respect the privacy rights of an employee experiencing a catastrophic situation. G. The Finance Department shall account for the donation and disbursement of catastrophic leave hours. CATASTROPHIC LEAVE DONATION PROGRAM PAGE 4 OF 4 Page 4 VI.APPENDIX Catastrophic Leave Donations Form Request for Catastrophic Donations Form VII.DISSEMINATION OF POLICY All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy. VIII. APPROVED BY THE CITY MANAGER Sergio Gonzalez IX. ACTION This policy is effective December 5, 2023. Page 5 In accordance with the City of Azusa Catastrophic Leave Policy, an employee can donate vacation or compensatory time off, in one hour increments. Hours donated go into a bank for employees to use when approved by the City to receive catastrophic leave donations. Donations may not be be directed to a specific employee. DONATION INFORMATION I would like to donate: Vacation Hours Remaining vacation hour balance (may not be less than 80 hours): CTO Hours EMPLOYEE INFORMATION Employee Name (Print) Department Signature Date To be completed by HR Date Received Date Processed Request Approved Request Denied Signature of HR Rep Payroll Verification Vacation Hours CTO Hours Signature of Payroll Rep Date Catastrophic Leave Donations Page 6 Request for Catastrophic Leave Donations I wish to receive donations of accrued leave in accordance with the City of Azusa Catastrophic Leave Policy. When soliciting donations or responding to inquiries from donors, I give the City permission to give a general description of the reason for which the leave is needed. The catastrophic leave I am requesting is for: My own serious health condition My family or household member’s serious health condition When soliciting donations, the medical condition should be described as follows (provide a general description without medical diagnosis): Have you exhausted all leaves (vacation or PTO, sick or extended sick time, compensatory time off)? Yes No Pending If yes or pending, provide effective date: If this catastrophic leave request is for your own serious health condition, please answer the following: 1. Have you applied for disability benefits for this medical condition? Y N 2. If you answered yes to #1, are you now receiving disability benefits for this medical condition? Y N 3. Is this request for catastrophic leave related to a work injury? Y N What is the expected duration of your catastrophic leave? From: To: Employee Name (Print) Department Signature Class Title Work Phone No Date To be completed by HR Date Received Date Approved Request Approved Request Denied Signature of HR Rep Page 7 I. PURPOSE The City of Azusa is committed to a work environment that is collegial, respectful, and productive. The purpose of this policy statement is to promote a positive work environment that is free from relationships that cause a real or perceived conflict of interest. In the context of this policy, “employee dating” includes consensual romantic relationships and sexual relations. We explicitly prohibit non-consensual relationships. II. POLICY Personal relationships (including romantic and/or sexual) between individuals in inherently unequal positions, where one party has real or perceived authority over the other in their professional roles, may be inappropriate in the workplace and are strongly discouraged. If such a relationship exists or develops, it must be disclosed. This applies to all who work at or for the City of Azusa, including employees, contractors, volunteers, and trainees, and includes anyone who holds a position of authority or perceived authority over another individual from a scientific or administrative perspective. III. APPLICABILITY This policy applies to all our employees regardless of gender, sexual orientation or other protected characteristics. CITY OF AZUSA ADMINISTRATIVE POLICY CONSENSUAL ROMANTIC RELATIONSHIP POLICY CONSENSUAL ROMANTIC RELATIONSHIPS POLICY PAGE 8 OF 5 Page 8 IV. DEFINITIONS A. Employee Dating: Includes consensual romantic relationships and sexual relations. B. Inappropriate Personal Relationship: 1. Relationships between persons in inherently unequal positions where one party has real or perceived authority, influence, or power over the other’s conditions of employment or has the ability to directly impact the other’s career progression, which includes formal supervisory relationships. 2. Such relationships are inappropriate if they have an actual, perceived, or potential for perceived influence over the professional relationship or workplace and must be disclosed as discussed in Section VI. 3. Efforts by either party to initiate or engage in these relationships is discouraged. These relationships, even if consensual, may ultimately result in conflict or difficulties in the workplace. This excludes relationships where one party does not have real or perceived authority or influence over the other’s condition of employment or the ability to directly impact the other’s career progression. V. BEHAVIOR AT WORK While the City does not object to employee relationships, the workplace is still a professional setting. The City expects its employees to treat each other with respect and avoid hindering other people’s work. If an employee wants to express their romantic interest in a colleague, it should be done in a manner so as to not do anything that may embarrass or expose them and always respect their time and choices. If a colleague is persistent in flirting with an employee, and becomes annoying or disruptive, they should be asked to stop and if they continue, inform a manager. Employees who make unwanted sexual advances should be reported to Human Resources. Sexual harassment is prohibited, including seemingly harmless actions. For example, an employee who keeps flirting when their colleague doesn’t respond favorably is breaking the City’s Anti-Harassment Policy. In this case, they may face disciplinary action. For more details on what constitutes sexual harassment and how to report it, please refer to the City’s Anti-Harassment Policy. CONSENSUAL ROMANTIC RELATIONSHIPS POLICY PAGE 9 OF 5 Page 9 A. Acceptable Workplace Behavior. The City expects employees to always behave appropriately and follow our Code of Conduct. This means an employee and their partner shouldn’t behave in a way that: 1. Hinders the City’s operations. 2. Embarrasses other employees. 3. Distracts employees from their duties. Examples of acceptable behavior are: 1. Passing by the partner’s office to talk to them for a short time. 2. Discussing joint vacation plans during breaks. 3. Coming to and leaving from work together. B. Unacceptable Workplace Behavior. 1. Arguing in the workplace. 2. Kissing or touching inappropriately in front of colleagues or residents. 3. Exchanging an excessive number of text or instant messages or calls during working hours. 4. Boasting about or discussing your relationship in your colleagues’ presence. C. Employees who exhibit unacceptable behavior will face discipline. VI. DISCLOSURE REQUIREMENT Disclosure of consensual romantic relationships create a transparent environment that ensures the mission is met with mutual professional respect and accountability while also maintaining public trust and avoiding conflict of interest. A. If individuals of unequal authority are in a consensual romantic relationship, remedial action, as discussed below must be taken. B. Disclosure reduces the risk to both parties, as measures can be taken immediately to mitigate real or perceived conflicts of interest and bias. CONSENSUAL ROMANTIC RELATIONSHIPS POLICY PAGE 10 OF 5 Page 10 C. A failure to disclose such a relationship may result in disciplinary action. VII. REMEDIATION Upon such notification the responsible manager must take action to decrease, or eliminate potential risk as a result of the relationship. Appropriate action may include, but is not limited to: A. Reassignment of one party to sever the supervisory relationship. B. Administrative inquiry into the matter to determine if any inappropriate action(s) occurred as a result of the relationship, which could result in administrative action, including disciplinary action. Such findings may also be considered when making administrative decisions to include funding, staff, and resources. C. If reassignment is not possible, the City may release one of the employees to avoid the inherent risks in a supervisory/subordinate relationship. VIII. ADDITIONAL CONSIDERATIONS A. The End of the Relationship. 1. If the romantic relationship ends, employees are expected to maintain professionalism and ensure no workplace disruption. An employee may not disparage their former partner, sabotage their work or reveal any intimate details about the relationship. These behaviors violate the Code of Conduct about respect in the workplace and the employee may face disciplinary action. 2. If an employee is facing emotional or psychological issues, ask Human Resources about the Employee Assistance Program. B. Couples who are married or in a domestic partnership. 1. A hiring manager is prohibited from considering a spouse or partner for hiring or promotion. 2. If two current employees become married and they are in a supervisory/subordinate relationship, the City will take action as listed in Section VII: Remediation CONSENSUAL ROMANTIC RELATIONSHIPS POLICY PAGE 11 OF 5 Page 11 IX.CITY RESPONSIBILITIES The City will: A.Enforce this policy equally to all employees including Human Resources and senior management. B.Treat everyone equally when taking disciplinary action without discriminating against protected characteristics. C.Prohibit victimization, violence, and retaliation of any kind. D.Examine each case separately and consider all aspects and perspectives before making decisions. E.Ensure consistent and uniform enforcement of this policy and adherence to the complaint investigation process, found in the City’s Anti-Harassment Policy, at all times. X.DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. XI.APPROVED BY THE CITY MANAGER Sergio Gonzalez XII. ACTION This policy is effective December 5, 2023. Page 12 I. POLICY STATEMENT The City of Azusa complies with the drug and alcohol testing regulations of the US Department of Transportation (DOT) (49 CFR part 40) and Federal Motor Carrier Safety Administration (FMCSA). The City is dedicated to providing safe, dependable and efficient services to our residents. We recognize that our employees’ use of illegal drugs and misuse of alcohol and prescription drugs poses a significant risk to public safety, as well as the employee's health and well-being. In view of this, the City has adopted this policy that is designed to: A. Create a work environment free from the adverse effects of drug and alcohol misuse. B. Deter and detect employees’ use of drugs and alcohol. C. Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances. D. Encourage employees to seek professional assistance anytime personal problems, including drug or alcohol dependency, adversely affects their ability to safely perform their assigned duties; and E. Discipline employees who violate the Policy, up to and including termination. This policy is in addition to the City of Azusa adopted policy on a Drug Free Workplace. CITY OF AZUSA ADMINISTRATIVE POLICY DEPARTMENT OF TRANSPORTATION & FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (DOT/FMCSA) MANDATED POLICY DOT/FMCSA MANDATED POLICY PAGE 13 of 21 Page 13 II. PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public from the safety and health risks posed by the misuse of alcohol and use of prohibited drugs. This policy is intended to comply with all applicable State and Federal regulations governing workplace anti-drug use and alcohol misuse programs in the transportation industry. They include DOT 49 CFR Part 40, as amended ("Procedures for Transportation Workplace Drug and Alcohol Testing Programs"); FTA 49 CFR Part 655 ("Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations"); DOT 49 CFR Part 29 ("Drug- Free Workplace Act of 1988"); and CA Govt. Code Section 8350 et seq. ("Drug-Free Workplace Act of 1990"). This policy incorporates the requirements of the above regulations for employees who hold a California Commercial Driver License (CDL). III. APPLICABILITY This policy applies to employees performing any of the functions outlined in Section VIII of this policy and/or any employee operating City vehicles that are required to be operated by a Commercial Driver's License (CDL) holder. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work, is on-call or has a reasonable belief that he/she/they may be recalled to work. IV. PREEMPTION OF STATE AND LOCAL LAWS If any conflict occurs between State and local laws and any requirement of the above-mentioned Federal regulations, the Federal regulations prevail. However, Federal regulations do not preempt provisions of State criminal laws that impose sanctions for reckless conduct attributed to prohibited drug use or alcohol misuse, whether the provisions apply specifically to transportation employees, employers, or the public in general. V. DEFINITIONS A. Adulterated Specimen: A specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance. DOT/FMCSA MANDATED POLICY PAGE 14 of 21 Page 14 B. Alcohol Use: The drinking or swallowing of any beverage, liquid mixture or preparation (including any medication) containing alcohol. For purposes of this policy, alcohol is alcohol regardless of source. C. BAC: Breath Alcohol Concentration, expressed in terms of grams of alcohol per 210 liters of breath. D. Breath Alcohol Technician (BAT): An individual who instructs and assists employees or applicants in the alcohol testing process and operates an Evidential Breath Testing (EBT) device. E. Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which Part 40 requires to be canceled. A canceled test is neither a positive nor a negative test. F. Collector: A person who instructs and assists individuals at a collection site, who receives and makes an initial inspection of the specimen provided by the individual, and who initiates and completes the Custody and Control Form (CCF). G. Consortium/Third-Party Administrator: A service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to the City. H. Controlled Substances: Any drug classified by the U.S. Drug Enforcement Agency (DEA) into the five schedules or classes on the basis of their potential for abuse, accepted medical use, and accepted safety for use under medical supervision. I. Designated Employer Representative {DER): An employee or employees authorized by the City to take immediate action(s) to remove employees from duties, or cause employees to be removed from these covered duties, following a positive test, test refusal, or other policy violations. J. Dilute Specimen: A urine specimen with creatinine and specific gravity values that are lower than expected for human urine. K. DHHS: Department of Health and Human Services. L. Disabling Damage: Damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so driven. "Disabling damage" does not include: DOT/FMCSA MANDATED POLICY PAGE 15 of 21 Page 15 1. Damage which can be remedied temporarily at the scene of the accident without special tools or parts. 2. Tire disablement without other damage even if no spare tire is available. 3. Headlamp or taillight damage. 4. Damage to turn signals, horn, or windshield wipers which makes them inoperative. M. DOT: US Department of Transportation. N. Drugs: The drugs for which tests are required under DOT and FMCSA regulations. They are marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). O. Drug Abuse: Use of any illegal drug or controlled substance without a valid prescription, misuse of legally prescribed drugs, or use of illegally obtained prescription drugs. This includes use of prescription drugs legally prescribed to another individual. P. Evidential Breath Testing (EBT) Device: A device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath under DOT Part 40 and placed on the NHTSA's Conforming Products List. Q. FMCSA: Federal Motor Carrier Safety Administration. R. FMCSA Drug and Alcohol Clearinghouse: The Clearinghouse is a secure online database that gives employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. S. Invalid Drug Test: The result reported by a DHHS-certified laboratory in accordance with the criteria established by DHHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test. T. Mass Transit Vehicles: Vehicles used for mass transportation or ancillary services. DOT/FMCSA MANDATED POLICY PAGE 16 of 21 Page 16 U. Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory drug test results, who has knowledge of substance abuse disorders, and has the appropriate medical training to interpret and evaluate an individual's confirmed drug and/or validity test results together with the individual's medical history and any other relevant biomedical information. V. Non-negative Specimen: A urine specimen that is reported as adulterated, substituted, positive for drug(s) or drug metabolite(s), and/or invalid. W. Positive Alcohol Test: The presence of alcohol in the body at a concentration of 0.04 BAC or greater as measured by an EBT device. X. Positive Drug Test: The result reported by a DHHS-certified laboratory when a specimen contains a drug or drug metabolite equal to or greater than the cutoff concentrations. Y. Refusal to Test: Includes circumstances or behaviors such as: 1. Failure to appear for any test (except a pre-employment test) at the collection site in the time allotted. 2. Failure to remain at the testing site until the testing process is completed, except in pre-employment situations where leaving the site before the testing process begins is not deemed to be a test refusal. 3. Failure to provide a urine, breath, or saliva specimen as required by the DOT. 4. Failure to permit the observation or monitoring of specimen collection when it is required. 5. Failure to provide a sufficient amount of urine or breath specimen without a valid medical explanation. 6. Failure or refusal to take a second test when required. 7. Failure to undergo a medical evaluation when required. In the case of a pre-employment test, the individual is deemed to have refused to test only if the pre-employment test is conducted following a contingent offer of employment. 8. Failure to cooperate with the testing process. (Examples: refusal to empty pockets when requested, behaving in a confrontational manner that disrupts the collection process, or failure to wash hands after DOT/FMCSA MANDATED POLICY PAGE 17 of 21 Page 17 being directed to do so by the collector). DER makes the final determination of refusal to test. 9. For an observed collection, failure to follow the observer's instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if individual is wearing any type of prosthetic device that could be used to interfere with the collection process. 10. Possession or wearing of a prosthetic or other device that could be used to interfere with the collection process. 11. Admitting adulteration or substitution of the specimen to the collector or MRO. 12. If the MRO reports a verified adulterated or substituted test result. 13. Leaving the scene of the accident without just cause prior to submitting to a test. Note: A refusal to test is equivalent to a positive test result. Z. Safety Sensitive Employee: An employee occupying, or applying for, any position in which the employee’s performance of his or her duties may affect the public safety. These positions shall be designated by the City at its sole discretion, but shall include at least thefolloing positions and/or assignments: Heavy equipment/machine operators. Operators of City vehicles or personal vehicles on City business (where doing so is required by the job description). Lifeguards. All personnel involved with child development or child care. Public Safety officers. AA. Screening Test Technician (STT): A person who instructs and assists employees in the alcohol testing process and operates an alcohol screening device, such as a breath or saliva device, other than an EBT. BB. Specimen Validity Testing: A test to determine if a urine specimen is adulterated, diluted, or substituted. DOT/FMCSA MANDATED POLICY PAGE 18 of 21 Page 18 CC.Split Specimen: In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second DHHS-certified laboratory for testing upon employee request following a verified positive or a verified adulterated or substituted test result from the primary specimen. DD.Substance Abuse Professional (SAP): A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. In order to be a qualified SAP, the individual must have certain credentials, possess specific knowledge, receive training, and achieve a passing score on an examination, as required under 49 CFR Part 40.281. EE. Substituted Specimen: A specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine. FF. Vehicles: Includes buses, electric buses, vans, automobiles, trucks, rail cars, trolley cars, trolley buses or vessels, non-revenue commercial motor vehicles, and vehicles used by armed security personnel. VI. EDUCATION AND TRAINING The education and ongoing awareness component of this policy will include display of posters, distribution to all covered employees and representatives of employee organizations of the drug and alcohol policy and other informational materials, and periodic information seminars. Each employee will be required to sign an acknowledgment form indicating that they have received a copy of the current policy. As required by FMCSA regulations, the City will provide to all affected employees a training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use. VII. CONTACT PERSON Any questions about this policy or any aspect of the City's Drug and Alcohol-Free program should be referred to the following Designated Employer Representative: DOT/FMCSA MANDATED POLICY PAGE 19 of 21 Page 19 Title: Senior Human Resources/Risk Analyst Address: 213 East Foothill Boulevard Azusa, CA 91702 Telephone: 626-812-5281 VIII. COVERED EMPLOYEES A. As a condition of employment, all employees in the DOT program are required to submit to drug and alcohol tests administered in accordance with 49 CFR Parts 40 and 655. A refusal to submit to a test as directed will be a positive test result and the employee will be subject to all the attending consequences as stated in this policy. (Refer to Section V - DEFINITIONS for specific circumstances or behaviors that are considered refusal to test.) B. As defined by the FMCSA, City employees include those who perform, or may be called upon to perform, the following work functions: Operating a City service vehicle, even when it is not in service. C. The City has analyzed actual job duties performed, or may be called upon to perform, by its employees and has determined that the job classifications listed below are part of this policy: Apprentice Line Mechanic Electric Crew Supervisor Electric Distribution Supervisor Equipment Mechanic Equipment Mechanic Supervisor Facilities Maintenance Supervisor Facilities Maintenance Worker I-III Line Mechanic Line Mechanic Helper Park Maintenance Crew Supervisor Park Maintenance Supervisor DOT/FMCSA MANDATED POLICY PAGE 20 of 21 Page 20 Park Maintenance Worker I-III Senior Tree Trimmer Street Maintenance Crew Supervisor Street Maintenance Supervisor Street Maintenance Worker I-III Tree Trimmer Water Utility Crew Supervisor Water Utility Equipment Operator Water Utility Maintenance Mechanic Water Utility Operator I-II Water Utility Operator Supervisor Water Utility Supervisor Water Utility Worker I-II Welder Additional positions may be added based on a change in the duties of the position necessitating a CDL. D. A Safety Sensitive Employee may not return to their regular Safety- Sensitive duties until they have been cleared to return to work by the MRO. IX. DRUGS (OR THEIR METABOLITES) TESTED FOR AND CONFIRMATORY CUT- OFF LEVELS Type Confirmatory Cut-Off (ng/mL) Marijuana 15 Cocaine 100 Amphetamines DOT/FMCSA MANDATED POLICY PAGE 21 of 21 Page 21 Amphetamine 250 Methamphetamine 250 Methylenedioxymethamphetamine (MDMA or Ecstasy) 250 Methylenedioxyamphetamine (MDA) 250 Methylenedioxyethylamphetamine (MDEA) 250 Opiates Codeine 2000 Morphine 2000 6-AM (Heroin) 10 Phencyclidine (PCP) 25 X. PROHIBITED BEHAVIORS A. Illegal Drugs. Unless legally prescribed, the prohibited drugs listed on Section IX are illegal and employees are prohibited from consuming any of them at all times. Employees may be tested for drugs anytime they are on duty in accordance with Section XI. B. Alcohol. Employees are prohibited from consuming alcohol in any form: 1. While performing work or City functions. 2. Within four (4) hours prior to performing any work or City functions; · 3. While they are on call. 4. Within eight (8) hours following an accident requiring a post-accident alcohol test, unless the test was completed within 8 hours. DOT/FMCSA MANDATED POLICY PAGE 22 of 21 Page 22 Alcohol tests are conducted only just before, during, and just after, the employee's performance of work function. An alcohol test is considered positive if the employee's BAC is at 0.04 or greater. If an employee tests positive for alcohol at a concentration equal to or greater than 0.02 but less than 0.04, he/she/they cannot continue to perform any work-related function until eight hours have passed, or the employee was re-tested and the result was less than 0.02. XI. TYPES OF TESTING A. PRE-EMPLOYMENT TESTING. All candidates for employment in a DOT covered position or any employee transferring from a non-DOT covered to a DOT covered position will be required to undergo a pre-employment drug test at a time and place designated by the City. A verified negative drug test result must be received from the MRO before an employee or candidate can be allowed to perform any DOT covered function for the first time. If a pre-employment test is canceled, the individual will be required to undergo another test and successfully pass the test with a verified negative result. Subject to the candidate's written consent, the City will check on the drug and alcohol testing background of candidates and employees being considered for final selection into any covered position within the City if they previously worked for DOT covered employer in the last two years. If the individual refuses to provide the written consent, he/she/they will not be hired into the CDL position. In addition, if the individual has had a positive pre-employment drug or alcohol test, or has refused such a test, he/she/they will not be hired until and unless the individual has provided a documentation of successful completion of the return-to-duty process, which includes an SAP referral, evaluation and treatment plan. An employee who has not performed any CDL related functions for at least 90 consecutive calendar days (regardless of the reason) and has been out of the random pool during that period must pass a pre-employment drug test before he/she/they are allowed to return to CDL covered functions. B. REASONABLE SUSPICION TESTING. Whenever a supervisor (or other City official) has reason to believe that an employee has used a prohibited drug and/or engaged in alcohol DOT/FMCSA MANDATED POLICY PAGE 23 of 21 Page 23 misuse, reasonable suspicion testing will be conducted. The referral will be made by a supervisor based on the specific, contemporaneous, and articulable observations concerning the appearance, behavior, speech, or body odors of the employee. The supervisor who makes the referral need not be the employee's own supervisor. The supervisor's observations will be documented and such documentation shall be kept in the employee's confidential drug and alcohol testing file. A reasonable suspicion alcohol test will be conducted only if the reasonable suspicion observation is made just before, during, or just after the employee's performance of function. If the alcohol test is not conducted within two hours, reason for the delay must be documented and kept in the employee's reasonable suspicion test file. All attempts to complete the alcohol test must cease after eight hours. C. POST-ACCIDENT TESTING. Any covered employee operating a City vehicle at the time of an accident shall be required to submit to drug and alcohol tests as soon as practicable after the accident. For purposes of this policy, "accident" is defined as an accident involving a City vehicle where the result is: An individual dies. An individual suffers a bodily injury and immediately receives medical treatment away from the scene. The City vehicle (truck, van, or automobile) or any other vehicle(s) involved in the accident suffers disabling damage as a result of the accident and is transported away from the scene by a tow truck or other vehicle. The City vehicle is removed from service. 1. Fatal Accidents. Whenever there is a loss of human life, any surviving employee operating the City vehicle at the time of the accident shall be tested for drugs and alcohol. Any covered employee not in the vehicle but whose performance could have contributed to the accident also shall be tested. DOT/FMCSA MANDATED POLICY PAGE 24 of 21 Page 24 2. Non-fatal Accidents. Following non-fatal accidents, the employee operating the vehicle at the time of the accident shall be tested unless his/her/their performance can be completely discounted as a contributing factor to the accident. Any other employee whose performance could have contributed to the accident also shall be tested. 3. Other Post-Accident Testing Requirements. Employees involved in an accident that requires testing must remain readily available for testing, including notifying the City of their location if they leave the scene of the accident before testing to obtain emergency medical care, or to obtain assistance in responding to the accident. They will be considered to have refused to submit to testing if they fail to do so. Employees are prohibited from using alcohol for eight hours following an accident or until the post-accident testing is completed, whichever occurs first. Every effort will be made to conduct alcohol testing within two hours after the accident. In the event the alcohol test is delayed beyond two hours, the City will prepare and maintain a record stating the reason(s) for the delay. If an alcohol test is not administered within eight hours following the accident, the City will cease all efforts to administer the test and document the reason for the inability. In the event a drug test is not administered within 32 hours from the time of the accident, the City will cease all attempts to administer the drug test. This requirement should not be construed to delay the necessary medical attention for injured people following the accident. If the City is unable to perform post-accident tests within the required period of compliance, the City will use the post-accident test results administered by State or local law enforcement personnel under their own authority, provided the test results are obtained by the City. D. RANDOM TESTING. Employees holding a CDL are required to undergo random drug and alcohol tests to deter use of prohibited drugs and misuse of alcohol. The random selection will be conducted using a scientifically valid method, such as a random number table or a computer-based random number generator, which gives each covered employee an equal chance of being DOT/FMCSA MANDATED POLICY PAGE 25 of 21 Page 25 selected every time a selection is made. As is the nature of the random method, it is possible that some employees will be selected several times in one year, and other employees not for several years. Management does not have any discretion on who will be selected. Every effort will be made by the City to spread random testing reasonably throughout the calendar year, all days of the week, and all hours when work is being performed. The testing dates and times are unannounced, and employees are required to immediately proceed to the designated collection site following notification. The City will conduct random drug and alcohol tests at a minimum annual percentage of covered employees as required by the FMCSA. The rates are subject to change on an annual basis, depending on the industry-wide positive rate determined by the FMCSA from the annual MIS reports submitted by covered employers. E. RETURN-TO-DUTY TESTING. An employee who has refused a required test, has a verified positive, adulterated or substituted drug test result, or tests positive for alcohol at 0.04 or greater, shall not be allowed to return to work duties until after he/she/they has completed the return-to-duty process. This includes evaluation by an SAP, successful completion of the rehabilitation, treatment or education program outlined by the SAP, and obtaining a verified negative return-to-duty drug test and/or alcohol test under 0.02. F. FOLLOW-UP TESTING. In addition to the Return-to-Duty test described in Section XI, an employee who previously tested positive, or refused to take the test (including MRO reports of adulteration or substitution) shall be subject to follow-up testing for drugs and/or alcohol, as prescribed by the SAP, for a minimum period of 12 months to a maximum of five years. As mandated by the FMCSA, the employee shall undergo at least six follow-up tests during the first 12 months of their return to work. Although they are both unannounced, follow-up testing is apart and separate from random testing. The duration and frequency of testing will be designated by the SAP, but the actual follow-up testing dates will be decided by the employee's manager or supervisor. DOT/FMCSA MANDATED POLICY PAGE 26 of 21 Page 26 XII. DRUG & ALCOHOL TESTING PROCEDURES All DOT drug and alcohol tests required under this policy will be administered in accordance with the "Procedures for Transportation Workplace Drug and Alcohol testing Programs (49 CFR Part 40), as amended. Throughout the testing process, the privacy of the employee will be protected, and the integrity and validity of the process will be maintained. The drug testing procedure will include a split specimen collection method and a federal Custody and Control Form with a unique identification number to ensure that the correct test result is attributed to the correct employee. An initial screening test using an immunoassay technique will be performed. If the specimen is positive for one or more of the drugs tested, then a confirmation test will be performed using the state- of-the-art gas chromatography/mass spectrometry (GC/MS) analysis. If the test is confirmed positive, the MRO will conduct a verification process, which includes giving the employee an opportunity to provide a valid medical explanation for the positive test result. Additionally, the laboratory will conduct specimen validity testing to determine if a urine specimen has been adulterated, diluted, or substituted. The City of Azusa requires its employees to take a second test with no advance notice if the MRO reports a "negative-dilute" test result. Depending on the level of creatinine reported by the lab to the MRO, the second test may need to be collected under direct observation. Should this second test result in a negative dilute, the test will be considered a negative and no additional testing will be required unless directed to do so by the MRO. If the laboratory reports to the MRO an "Invalid Result" or "Rejected for Testing" (because of a fatal or uncorrectable flaw), a recollection may be required by the MRO, and depending on the circumstances, the recollection may be directly observed. Tests for alcohol concentration will be conducted using an alcohol screening device and an evidential breath testing (EBT) device if the screen test is at 0.02 BAC or greater. A DOT Alcohol Testing Form will be used and a unique sequential number will be assigned to each test. Detailed drug and alcohol specimen collection procedures are available upon request from the Contact Person identified in Section VII of this policy. DOT/FMCSA MANDATED POLICY PAGE 27 of 21 Page 27 XIII. DIRECTLY- OBSERVED URINE SPECIMEN COLLECTION Under the following circumstances, the employee will be directed to undergo an immediate urine specimen collection under direct observation with no advance notice: A. If the laboratory reported to the MRO that a specimen is invalid and there was no adequate medical explanation for the result. B. If the MRO reported that the original positive, adulterated, or substituted test result had to be canceled because the split specimen testing could not be performed. C. If the MRO reported that the initial test was negative-dilute (creatinine level between 2 to 5 mg/dL); D. If the drug test is a return-to-duty or a follow-up test. E. If the collector observes materials brought to the collection site or employee conduct that clearly indicates an attempt to tamper with a specimen. F. If the temperature on the original specimen was out of range. G. If the original specimen appeared to have been tampered with. The observer shall be the same gender as the employee but need not be the collector. Prior to the collection, the observer must request the employee to raise his/her/their shirt, blouse, or dress/skirt, as appropriate, above the waist; lower clothing and underpants; and to turn around to show that he/she/they do not have any type of prosthetic device that could be used to interfere with the collection process. If none is observed, the employee may return clothing to its proper position for observed urination. The observer is responsible for ensuring that the specimen goes from the employee's body into the collection container. If the employee declines to allow a directly observed collection when required under this policy, it is considered a refusal to test. XIV. MONITORED URINE SPECIMEN COLLECTION Under those circumstances when a multi-stall restroom has to be used for urine specimen collection and the facility cannot be adequately secured, the collector DOT/FMCSA MANDATED POLICY PAGE 28 of 21 Page 28 will conduct a monitored collection. The monitor shall be the same gender as the employee unless the monitor is a medical professional. The monitor will not watch the employee void into the collection container. However, if the monitor hears sounds or observes attempts to tamper with a specimen, an additional collection under direct observation will be ordered. If the employee declines to permit a collection authorized to be monitored, it is considered a refusal to test. XV. SPLIT SPECIMEN TESTING After notification by the MRO of a verified positive drug test or refusal to test because of adulteration or substitution, the employee has 72 hours to request (verbally or in writing) a test of the split specimen. After 72 hours have passed, the request can be considered only if the employee can present to the satisfaction of the MRO information that unavoidably prevented the employee from making a timely request. Following the employee's timely request, the MRO shall send a written request to the primary laboratory to forward the split specimen to a second DHHS-certified laboratory for testing without regard to the cut-off concentration. If the second laboratory fails to reconfirm the substance detected in the primary specimen or the adulterant-identified, or if the split specimen is unavailable for testing, the test shall be canceled. The MRO shall report the cancellation and the reasons for it to the DOT, the City, and the employee. In the case of the split specimen being unavailable, the employee shall be directed, with no advance notice, to submit another specimen under direct observation. The employee shall pay for all of the costs of the split specimen testing. XVI. CONSEQUENCES As required by FMCSA regulations, any employee who has a verified positive drug test result, an alcohol concentration of 0.04 or above, or refuses to submit to a drug or alcohol test (including adulteration or substitution) shall be: Immediately taken out of work duty. Referred to an SAP for evaluation, education or treatment and provided educational materials. DOT/FMCSA MANDATED POLICY PAGE 29 of 21 Page 29 If an employee tests positive for alcohol at 0.02 to 0.039, they will be removed from duty until his/her/their next regularly scheduled workday (if at least 8 hours from the completion of the test), unless a re-test shows a result of less than 0.02. A. First Positive Test. Employees who have an MRO verified positive test for drugs or alcohol shall be suspended for 80 hours and will be required to satisfactorily complete a rehabilitation program approved by the Substance Abuse Professional (SAP). Failure to satisfactorily complete the recommended program and provide a return-to-work drug or alcohol test with a negative result within 60 calendar days of violating the policy may result in termination of employment. B. Second Positive Test. A second positive MRO verified test will result in termination. Note: If the employee enters an approved treatment program, they are eligible to apply for protected leave time under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) or Family Medical Leave Act (FMLA). Appropriate request forms must be completed to receive FMLA/CFRA status. FMLA/CFRA will run concurrently with the time the employee is enrolled in the program so long as all required documentation is completed, approved, and does not replace any disciplinary action that may take place. XVII. RE-ENTRY CONTRACTS Employees who re-enter the workforce after rehabilitation treatment (or after a positive test when the SAP determines that rehabilitation is not required) must agree to a re-entry contract. That contract shall be limited to the following: A. A release to work statement from a City-approved SAP. B. A negative test for drugs and/or alcohol upon re-entry. C. An agreement to unannounced follow-up testing. D. Compliance with the terms of the City of Azusa D.O.T. Compliance Alcohol and Drug Testing Policy and Drug Free Workplace Act. DOT/FMCSA MANDATED POLICY PAGE 30 of 21 Page 30 E. An agreement to follow specified after care requirements if required by SAP. XVIII. REFERRAL, EVALUATION AND TREATMENT If an employee (including an applicant) tests positive for drug(s) or alcohol or refuses to submit to a test when required, the City shall advise the individual of the resources available for evaluating and resolving problems associated with prohibited drug use and alcohol misuse and document such referral. He/she/they shall be given the name, address, and phone number of SAPs acceptable to the City and a list of community hotline numbers. XIX. CONFIDENTIALITY AND ACCESS TO FACILITIES AND RECORDS Employees have a right to examine their own drug and alcohol testing records, provide information to dispute the results, and have access to any pertinent data such as EBT calibration or drug testing laboratory certification. They also have a right to obtain a copy of their own drug and/or alcohol testing results by submitting a written request to the Senior Human Resources/Risk Analyst identified in Section VII of this policy. The City will do everything possible to safeguard the confidentiality of drug and alcohol testing records and protect the privacy of the individuals tested. Individual test results or medical information will be released to third parties (e.g., previous employers, unions) only with the employee's specific written consent, or to those parties authorized by the DOT or FMCSA to receive such information without the employee's consent. Specific written consent applies only to a particular piece of information released to a particular person or organization at a particular time. Blanket releases are specifically prohibited by DOT. The employee's written consent is not required in administrative or legal proceedings such as: A. A lawsuit, grievance, or administrative proceeding brought by, or on behalf of the employee, resulting from a positive drug or alcohol test or a refusal to test. B. A criminal or civil action resulting from an employee's performance of duties where the alcohol or drug test information is deemed relevant. DOT/FMCSA MANDATED POLICY PAGE 31 of 21 Page 31 Access to the City facilities and drug and alcohol program records also must be provided, without the employee's consent, to DOT or FMCSA agency representatives; the National Transportation Safety Board as part of an accident investigation; a Federal, state, or local safety agency with regulatory authority over the City or the employee; or State or grantee required to certify to FMCSA compliance with 49 CFR Parts 40 and 655. XX. FMCSA DRUG AND ALCOHOL CLEARINGHOUSE The City is required to report drug and alcohol violations to the Drug and Alcohol Clearinghouse, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information is also recorded in the Clearinghouse. In addition, the City must check that prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due to an unresolved drug and alcohol program violation—that is, a violation for which the driver has not completed the return-to-duty (RTD) process. Queries must be conducted as part of a pre-employment driver investigation, and at least annually for current employees. XXI. DRUG-FREE WORKPLACE ACT of 1988 (DFWA) REQUIREMENTS Under the DFWA, employees are prohibited from the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace. Employees are required to notify management in writing of any criminal drug statute convictions they receive for a violation occurring in the workplace, no later than five calendar days after such a conviction. Within 10 calendar days of receiving such notice, the City shall provide written notification of the conviction to the FMCSA. Within 30 calendar days of receiving notice of the conviction, the City shall take appropriate disciplinary action, or require the employee to participate and successfully complete a drug rehabilitation program. XXII. APPENDIX/FORMS DOT/FMCSA Policy Acknowledgement Reasonable Suspicion Documentation Report DOT/FMCSA MANDATED POLICY PAGE 32 of 21 Page 32 XXIII.DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. XXIV.APPROVED BY THE CITY MANAGER Sergio Gonzalez XXV. ACTION This policy is effective December 5, 2023. Page 33 DATE: June 13, 2023 TO: All DOT-Covered City Employees FROM: Sergio Gonzales, City Manager SUBJECT: DOT/FMCSA POLICY Attached please find the City’s revised Department of Transportation/Federal Motor Carrier Safety Administration (DOT/FMCSA) Policy. Please read this document carefully as all Azusa DOT covered employees are expected to follow this policy. All Employees must sign below as receiving a copy of the City’s revised DOT/FMCSA Policy. If you have any questions or concerns, please contact the Human Resources Office at 626-812-5281. I have received a copy of the attached policy. I understand that I am responsible for reading and following this policy. EMPLOYEE NAME DATE EMPLOYEE SIGNATURE MEMORANDUM Page 34 Reasonable Suspicion Documentation Report Date and Time of Occurrence: Employee's Name: Title: Incident Location: Employee's Duties at Time of Incident: Symptoms Observed: (Circle as many as are observable) Blood Shot Eyes Breathing Rapid Verbal Altercation Eyes Glazed Sweating Quick Tempered Pupils Dilated Limited Walking/Movement Excitable Fixed Stare Talkative Sleeping Slurred Speech Shaking (Tremor) in Hands Puncture Marks Visible Appears irrational Dizziness Staggering Appears Confused Erratic Movement Physical Altercation Appears Sedated Poor Balance Odor of Alcoholic Beverage Other Odors (describe): Description of Incident(s), Unusual Behavior, etc. Witness Names (if not City employees include telephone numbers): Did you see a drug or alcoholic beverage being used and/or in plain sight, and if so, what did you see/where? Supervisor's/Manager's Signature: Title: Human Resources Manager: Date: CONCUR TO TEST: YES NO Page 35 I. PURPOSE To set forth guidelines to ensure that the workplace for the City of Azusa is drug and alcohol free, providing a safe environment in which employees, residents and community members can work, interact, and conduct business. II. POLICY STATEMENT It is the policy of the City of Azusa (City) to maintain a safe, healthful, lawful, and productive workplace. It is the intent of this policy to deter the use, misuse, and/or abuse of legal or illegal substances that create a threat to the safety of any City employee or member of the public or that adversely affects job performance. Violations of this policy may result in discipline, up to and including termination, and requirement that the employee participate in a substance assistance or rehabilitation program, or not being hired. Employees are prohibited from using any form of substance that will impair their performance during work hours. III. APPLICABILITY All City employees, job applicants and volunteers. IV. DEFINITIONS A. Alcohol: Any alcohol or alcoholic beverage as defined in California Business and Professional Code Sections 23003 and 23004. B. Conviction for a Criminal Law Violation: A finding of guilt, a no contest plea, or an imposition of sentence or probation by any judicial body for any CITY OF AZUSA ADMINISTRATIVE POLICY DRUG-FREE WORKPLACE POLICY DRUG-FREE WORKPLACE POLICY PAGE 36 OF 13 Page 36 violation of a criminal statute involving the manufacture, distribution, dispensation, possession, or use of any controlled substance. C. Dilute Specimen: A urine specimen with creatinine and specific gravity values that are lower than expected for human urine: D. Driving Under the Influence: Operating a motor vehicle or equipment while under the influence of legal or illegal substances. E. During Work Hours: All compensated work time. F. Foreseeably Interfere: Any reasonable person should have known that using a drug, medication, alcohol, or any other substance could cause drowsiness, potentially hazardous side effects, or have mind- and mood- altering properties which could interfere with the employee's safe and effective job performance or operation of City vehicles or equipment. G. Foreseeably Subject to Being Called to Duty: An employee placed on "standby" status, placed "on call", or given notice to return to work the same day. H. Illegal Drug (“Drug”): A legal drug which has not been legally obtained or is being used by an individual for whom it was not prescribed, or is not being used in a manner, combination, or quantity for which it was manufactured, prescribed, or intended. Any controlled substance, drug, narcotic, or immediate precursor which is specified or referenced in any provision of the California Uniform Controlled Substance Act (Division 10 of the Health and Safety Code) which may subject an individual to criminal penalties. I. Medical Evaluation: Assessment by physician either after a physical examination and/or review submitted medical records. J. Medical Exam: For the purposes of this policy, it consists of a basic physical examination and a blood, or urine drug test. K. Marijuana (Recreational or Medicinal): Cannabis or marijuana products, including edibles, that contain constituents of cannabis, such as tetrahydrocannabinol (THC) and cannabidiol (CBD). L. Topical Cannabis: Topical application including lotions, balms, salves, creams, and ointments that are rubbed directly on the skin. M. Medical Review Officer (MRO): A person who is a licensed physician and DRUG-FREE WORKPLACE POLICY PAGE 37 OF 13 Page 37 who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug results. A MRO designee is a licensed physician who is responsible for receiving and reviewing laboratory results in the MRO’s absence. N. Negative Dilute Test Result: A drug test result which is negative for drug/drug metabolites but has a specific gravity value lower than expected for human urine. O. NIDA: National Institute on Drug Abuse. P. Positive Alcohol Test: Any urine that is chemically tested and shows the presence of alcohol as specified in this policy without explanation sufficient pursuant to this policy to render said test excusable. Q. Positive Drug Test: Any urine that is chemically tested and shows the presence of the metabolite of the controlled substance at levels above the industry standard cutoff, as specified in this policy without explanation sufficient pursuant to this policy to render said test excusable. R. Reasonable Suspicion: A suspicion based on objective facts and reasonable inference drawn from those facts that an employee is under the influence of legal or illegal drugs and/or alcohol so that the employee's ability to perform the functions of the job may be impaired. Examples include, but are not limited to: 1. Slurred speech or bloodshot eyes. 2. Odor of intoxicants on breath or clothing. 3. Unsteady standing, walking, or movement. 4. Substandard performance whether in quantity or quality that cannot be otherwise explained. 5. Changes in appearance. 6. Physical altercation. 7. Verbal altercation. 8. A preventable accident generally of a reckless nature while on City time or involving City property or resources DRUG-FREE WORKPLACE POLICY PAGE 38 OF 13 Page 38 9. Information from a reliable person with personal knowledge of drug/alcohol use. 10. Actual observation of the possession or use of alcohol, drugs, or drug paraphernalia. 11. Euphoria. 12. Mood swings. 13. Inattentiveness. 14. Excitement or confusion. 15. Irritability. S. Refusal to Test: Refusal to test carries the same consequences as a positive drug or alcohol test. The following situations are considered refusals to test: 1. Failure to appear within one hour for any test after being directed to do so by the employer absent extenuating circumstances as determined by Human Resources. 2. Failure to remain at the testing site until the testing process is complete and the employee is released. 3. Failure to provide a urine specimen for any drug test. 4. Failure to permit the observation while providing a specimen when a directly observed collection is required (refer to Section IV.I.5.). 5. Failure to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. 6. Failure or declination to take a second test the employer or collector has directed the employee to take. 7. Fail to undergo a medical evaluation, as directed by the MRO, as part of the verification process. 8. Failure to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process). DRUG-FREE WORKPLACE POLICY PAGE 39 OF 13 Page 39 9. Is reported by the MRO as having a verified adulterated or substituted test result or a second negative-dilute specimen. T. Second Positive Test: When an employee receives another MRO verified positive test through either the follow-up or random testing program or a reasonable suspicion test. The Second Positive Test is for an additional incident of testing and not intended as a result of testing a split sample. U. Specimen: A sample of blood, urine, etc. taken for diagnostic evaluation. V. Substance Abuse Professional (SAP): A person who evaluates employees who have violated a drug and alcohol policy and makes recommendations concerning education, treatment, follow-up testing, and after-care. W. Workplace: City work locations or elsewhere during work hours, including contractor worksites, or while in or operating City vehicles or equipment. V. PROCEDURES A. Applicants: Pre-employment candidates will not participate in reasonable suspicion drug testing as they are not City employees. In the case of a pre-employment drug test, the candidate is deemed to have refused to test if the candidate fails to undergo a medical evaluation or leaves before the testing process begins and the pre-employment test is conducted following a contingent offer of employment. An applicant who fails a pre-employment drug or alcohol test will not be permitted another test until 12 months have passed since the positive test. If an applicant’s test is a negative-dilute, the applicant will have 24 hours to retest. The result must not be dilute or the offer of employment will be rescinded. B. Employee Conditions of Employment: All employees shall comply with the following conditions of employment: 1. Employees shall not: a. Consume alcohol. b. Be under the influence of alcohol or legal or illegal drugs. DRUG-FREE WORKPLACE POLICY PAGE 40 OF 13 Page 40 c. Possess an open container of alcohol. d. or illegal drugs or alcohol. WHILE: At City work locations or elsewhere during work hours. During meal and rest periods. In or operating City vehicles or equipment. Wearing clothing which identifies the individual as a City employee. When on standby. At a time that would interfere with the employee's safe and effective job performance. NOTE: Nothing in this policy shall prohibit sworn personnel of the Azusa Police Department from consuming alcohol as part of an on- duty undercover operation. 2. Prior to the start of their shift, employees shall notify their supervisor when using prescription medication or any other substances, including over-the-counter medication, which could foreseeably interfere with their safe or effective job performance or operation of City vehicles and/or equipment. At no time shall an employee be obligated to disclose the type of medication being used or the reason for using the medication unless directed by the City’s MRO or their designee upon the results of the lab analysis. 3. Employees may be required to take a drug and/or alcohol test if there is a reasonable suspicion of impairment and must comply immediately. 4. Employees who enter City work locations may be subject to inspections, searches, and seizures as allowed by law when there is reasonable suspicion of violation of this policy. 5. Employees who are convicted of any violation of a criminal drug law or issued a driving under the influence citation from a law enforcement agency must notify the Human Resources Office immediately of such conviction. DRUG-FREE WORKPLACE POLICY PAGE 41 OF 13 Page 41 6. Employees may be required to comply with additional terms and conditions of employment not specified herein, if required by Federal, State, or City laws and regulations, subject to meet and confer. C. Violation of Policy. 1. First Positive Test: Employees who have a MRO verified positive test for drugs or alcohol shall immediately be suspended for a minimum of 80 hours, subject to the disciplinary procedure and due process rights, and will be required to satisfactorily complete a rehabilitation program approved by the Substance Abuse Professional (SAP). Failure to satisfactorily complete the recommended program and provide a return-to-work drug or alcohol test with a negative result within 60 calendar days of violating the policy may result in termination of employment. 2. Second Positive Test: A second positive MRO verified test will result in termination, subject to the disciplinary procedure and due process rights. Note: If the employee enters an approved treatment program, they are eligible to apply for protected leave time under the California Family Rights Act (CFRA) or Family Medical Leave Act (FMLA). Appropriate request forms must be completed to receive CFRA or FMLA status. FMLA and CFRA will run concurrently with the time the employee is enrolled in the program so long as all required documentation is completed and approved and does not replace any disciplinary action that may take place. D. Implementation of Policy. 1. Supervisors and management employees may order that an employee submit to a drug and/or alcohol test when the supervisor and HR have a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job. A reasonable suspicion drug and/or alcohol test shall be administered within two hours of the observations upon which the reasonable suspicion determination is based. If not, the supervisor or manager must provide written documentation as to why the test was not promptly conducted. A reasonable effort shall be made to have the testing order given by a supervisor or manager within the subject DRUG-FREE WORKPLACE POLICY PAGE 42 OF 13 Page 42 employee's department. For example, if a Library supervisor and HR observe behavior indicative of reasonable suspicion to test a Public Works Department employee, reasonable steps given the precise circumstances shall be undertaken to brief the appropriate Public Works Department supervisor. However, if the Public Works supervisor in this example is unable to later observe the factors constituting reasonable suspicion, the observations of the non- department supervisors shall suffice to allow the department or non- department supervisor to order a test. "Reasonable Suspicion" is a belief based on objective facts sufficient to lead a reasonably trained and prudent supervisor or management employee to suspect that an employee is under the influence of drugs or alcohol such that the employee's ability to perform the functions of their job is impaired or so that the employee's ability to perform their job safely is reduced. Suspicion is not reasonable, and thus, not a basis for testing, if it is based solely on the observations and reports of third parties or violation of a safety rule or other unsafe work incident. However, such suspicion may be a basis for further investigation, or for action to protect the safety of the public such as ordering the employee to stop work. 2. Supervisors and management employees shall order that an employee submit to a drug and/or alcohol test when the subject employee is ostensibly performing duties in the course and scope of employment and is the operator of any vehicle, machinery or other equipment or tools, and where the employee's inappropriate performance cannot be discounted as a contributing factor to an accident involving a vehicle or equipment. 3. Any supervisor or management employee ordering an employee to submit to a drug and/or alcohol test must first document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs or alcohol or that testing is appropriate pursuant to this policy on a "Reasonable Suspicion Documentation Report” form that should be utilized to document facts constituting reasonable suspicion. Said documentation must be submitted to the Human Resources Manager (or designee) and to the employee's Department Head (or designee) prior to any test being administered. Provision of such notice to the Human Resources DRUG-FREE WORKPLACE POLICY PAGE 43 OF 13 Page 43 Manager is intended to ensure compliance with this policy and is not a mechanism whereby the Department Head's conduct of the disciplinary investigative and/or imposition process is to then be impacted by the Human Resources Manager. 4. When a supervisor or other management employee has reasonable suspicion to believe that an employee is impaired by or under the influence of drugs or alcohol, or that the employee's operation of a vehicle or machinery or other equipment or tools justifies a test, as set forth in this policy the employee will be removed to a suitable location which will ensure his or her privacy, will be interviewed and informed of the basis of the reasonable suspicion or other indicated testing basis. Said interview shall be procedurally governed by any statutes, ordinances, rules or regulations affecting such an employee interview. If the supervisor(s) or other management employee(s) still has (have) a reasonable suspicion that the employee is not drug or alcohol free and/or that another indicated testing basis exists, the employee will be reminded of the City's Policy and ordered to submit to urine testing in accordance with the procedures established by this Policy (subject to concurrence in said order by the Human Resources Manager and/or his/her/their designee). If the employee agrees to comply with the order, he or she will be transported to a designated collection site and, subsequently, will be transported to his/her home after the test. Under no circumstances shall an employee transport his/herself to the testing facility or home. No test shall be administered unless the Human Resources Manager or their designee concurs in the determination that reasonable suspicion exists to justify a test and/or that the testing basis described above exists and that the test shall be given pursuant to this policy. E. Self-Identification. 1. An employee who voluntarily self-discloses a problem with drugs or alcohol must do so before being selected or directed for a test (e.g., reasonable suspicion, follow-up, etc.) and shall be referred to the SAP. 2. The SAP or designee will determine whether the employee is required to enroll in a rehabilitation program; the employee must meet all of the requirements set forth in Section V.I. DRUG-FREE WORKPLACE POLICY PAGE 44 OF 13 Page 44 3. An employee who is actively involved in a treatment program recognized by the SAP is eligible to apply for protected leave time under CFRA/FMLA. 4. After an employee involved in a treatment program has returned to duty, the employee will be subject to follow-up drug or alcohol testing, and monitored for compliance with the prescribed treatment plan by the SAP for at least one (1) year (or longer if so determined by the SAP). F. SAP Responsibilities and Guidelines: Upon a positive test result or self- disclosure of use of drugs and/or alcohol, the SAP will conduct an initial mandatory evaluation and intake process. G. Manager/Supervisor Responsibilities and Guidelines. 1. Supervisors/managers must refer employees to HR who self-disclose use of drugs, alcohol, and/or medication that might affect their ability to perform their job functions. Human Resources will refer the employee to the SAP, provided the disclosure occurs prior to the employee being selected or directed for a drug or alcohol test (e.g., reasonable suspicion, follow up). 2. Notice of a Drug Conviction for Federal Grant-Funded Employees - The employee’s Department Head or designee shall notify the appropriate Federal granting agency within (10) calendar days after receiving a drug conviction notice for a Federal grant-funded employee. The convicted employee shall enter and complete a program directed by the MRO or designee and/or, if appropriate, will be subject to disciplinary action, in accordance with Section D. This personnel action must be taken within thirty (30) calendar days after the City receives the drug conviction notice for a Federal grant-funded employee. H. Drug and Alcohol Testing. 1. Testing may be required following any type of motor vehicle incident: in which unusually careless acts are committed; which involve substandard or unusual performance by the driver; in accordance with employee labor agreements; or based on other indications of alcohol/drug usage, a supervisor shall drive the employee(s) to a collection site for reasonable suspicion testing. DRUG-FREE WORKPLACE POLICY PAGE 45 OF 13 Page 45 2. To arrange for a drug or alcohol test between 7:00 a.m. and 5:30 p.m., contact the Human Resources Office at 626-812-5183. If drug or alcohol testing is required after hours, escort the employee to the City authorized after hours clinic for testing. Staff are on duty 24 hours a day, 7 days a week. If necessary, call the Designated Employer Representative (DER) Senior Human Resources/Risk Analyst at 626- 812-5281 for assistance before requiring an employee to submit to a drug/alcohol test. Concentra 15768 Arrow Highway Irwindale, CA 91706 626-969-9800 Open 24 Hours a day, 7 days a week 3. Employees are required to provide either a Breathalyzer, or urine sample immediately upon arrival at a collection site. If an insufficient amount of urine is provided, employees will be allotted up to forty (40) ounces of water within three hours (or a timeframe consistent with current Federal Guidelines) to provide a sample. Failure to provide a new sample will constitute a refusal to test. (See Definitions for Refusal to Test.) 4. A Medical Review Officer (MRO) must verify all drug test results. Employees will be afforded the opportunity to discuss all prescription and non-prescription drugs they have used with the MRO. The use of the information on prescription and non-prescription information will be limited to the verification of the employee’s drug test results. 5. The City or collection site will direct an employee to provide an immediate collection under direct observation with no advance notice if: a. Staff observes materials brought to the collection site or the employee’s conduct clearly indicates an attempt to tamper with a specimen. b. The temperature on the original specimen was out of range or the original specimen appeared to have been tampered with. c. The laboratory reported to the MRO that a specimen is invalid, and there is not an adequate medical explanation for the result. DRUG-FREE WORKPLACE POLICY PAGE 46 OF 13 Page 46 d. The MRO reported that the original positive, adulterated, or substituted result had to be canceled because the test of the split specimen could not be performed. i. The laboratory reported to the MRO that the specimen was negative-dilute with a creatinine concentration greater than or equal to 2mg/dL but less than or equal to 5mg/dL. 6. An employee whose drug test results are positive may, within 30 days, submit a written request for a retest of the split sample. The retest will be conducted at another NIDA Certified laboratory approved by the City. The retest will be conducted at the employee’s expense. If the results of the retest are not consistent with the original test, the process shall be considered inconclusive and shall not be used as the basis for subsequent action. The employee will not be reimbursed for the cost of the retest. 7. If an employee produces a negative-dilute specimen, they must undergo a second test. A second negative-dilute specimen will be considered a refusal to test (see Definitions for Refusal to Test). I. Return to Work. All employees who have been suspended for a positive drug or alcohol test must be certified to return to work by providing a negative drug and/or alcohol test to the MRO. Failure to provide a negative alcohol and/or drug test to the MRO will result in disciplinary action up to and including termination. An employee’s return to work and ability to remain at work is contingent upon compliance with the SAP’s recommended aftercare including follow- up tests. Subsequent follow-up drug/alcohol tests will be required including at least four (4) random tests within the first 12 months following an employee’s return to work. Failure to comply at any point prior to completion will result in disciplinary action up to and including termination. VI. APPENDIX Reasonable Suspicion Documentation Report DRUG-FREE WORKPLACE POLICY PAGE 47 OF 13 Page 47 VII.DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. VIII. REFERENCES Drug-Free Workplace Act of 1988 (Public Law 00-690, Title V, Subtitle D). IX.APPROVED BY THE CITY MANAGER Sergio Gonzalez X. ACTION This policy is effective December 5, 2023. Page 48 Reasonable Suspicion Documentation Report Date of Incident Time of Incident Employee’s Name Job Title Department Incident Location Employee’s Duties at Time of Incident Symptoms Observed: (Check as many as observable) Description of Incident AM PM Witness Name(s) Supervisor/Manager’s Signature Date Human Resources Manager Date CONCUR TO TEST YES NO Blood Shot Eyes Rapid Breathing Verbal Altercation Eyes Glazed Sweating Quick Tempered Pupils Dilated Limited Walking/Movement Excitable Fixed Stare Talkative Sleeping Slurred Speech Shaking/Tremors in Hands Puncture Marks Visible Appears Irrational Dizziness Staggering Appears Confused Erratic Movements Physical Altercation Appears Sedated Poor Balance Odor of Alcohol Other Odors (Describe) Page 49 I. PURPOSE To provide employees with information about, and establish guidelines for the taking of family care and medical leave, in accordance with the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), the California Pregnancy Disability Leave Law (PDL), and other California State mandated leaves. II. POLICY The City of Azusa (City) will provide family and medical care leave for eligible employees as required by state and federal Law. The leaves provided for in this Policy are granted under a variety of state and federal laws. Employees should be aware that leave under one section of the Policy may also qualify for leave under another section. In addition, leave may qualify under one law for a particular purpose, but not another law. For example, an employee is entitled to take California Family Rights Act (CFRA) leave to care for a registered domestic partner, but Family Medical Leave Act (FMLA) leave does not include registered domestic partners. In such cases, the City will advise affected employees in writing which of their statutorily-protected leaves are being used and how much of that leave remains. Additional definitions and other provisions governing employees' rights and obligations under the FMLA, CFRA, and Pregnancy Disability Leave (PDL) that are not specifically set forth below are set forth in the Department of Labor's FMLA regulations (29 C.F.R. § 825.00 et seq.) and the California Department of Fair Employment and Housing’s CFRA regulations (2 C.C.R. § 11087 et seq.) and PDL regulations (2 C.C.R. § 11035 et seq.) This Policy is deemed to CITY OF AZUSA ADMINISTRATIVE POLICY FAMILY MEDICAL LEAVE & PREGNANCY DISABILITY LEAVE POLICY FMLA-PDL POLICY PAGE 50 OF 42 Page 50 include such regulatory provisions, including subsequent revisions to such regulatory provisions. III. APPLICABILITY This policy applies to all current employees. IV. FAMILY CARE AND MEDICAL LEAVE (FMLA/CFRA LEAVE) A. Eligibility: To be eligible for FMLA/CFRA leave, an employee must have been employed by the City for at least 12 months prior to the date on which the FMLA/CFRA leave is to commence, and have worked at least 1,250 hours over the 12-month period preceding the FMLA/CFRA leave. For employees performing covered military service under the federal Uniformed Service Employment and Reemployment Rights Act, periods of absence due to such service shall be counted for purposes of determining whether the employee meets these eligibility requirements. B. Qualifying Reasons for FMLA/CFRA Leave: Employees meeting the eligibility requirements under Section V.A. may take FMLA/CFRA leave for any of the following qualifying reasons: 1. The birth of a child of the employee and in order to care for such child. 2. The placement of a child with the employee for adoption or foster care of the child by the employee and in order to care for that child. 3. Providing care for a spouse, child, or parent with a serious health condition. a. The CFRA also provides for leave to care for the following family members due to a serious health condition: domestic partner, adult child, child of a domestic partner, grandparent, grandchild, sibling or designated person. b. For CFRA leave purposes, a “designated person” means “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” Employees FMLA-PDL POLICY PAGE 51 OF 42 Page 51 are limited to one designated person CFRA leave per 12-month period. 4. The employee's own serious health condition. The FMLA and CFRA also provides for military exigency leave and military caregiver leave, and those types of leaves are addressed under Section VI of this Policy. The PDL also provides for leave for employees with a serious health condition on account of the employee’s pregnancy, childbirth, or related medical conditions, and that leave is addressed under Section V. C. Definitions: The following parts 1-5 identify “Covered Family Members” for the purpose of identifying eligibility under FMLA and/or CFRA. 1. Child: Leave may be taken under Section B.1., B.2., or B.3 under FMLA and CFRA, concurrently, by an employee for a child who is any of the following: a. A biological child, adopted child, foster child, stepchild, legal ward of the employee, or a child to whom the employee stands in loco parentis, and who, at the time leave is to commence is either: i. Under 18 years of age; or ii. 18 years of age or older and incapable of caring for themself because of a mental or physical disability. b. CFRA’s definition of child includes child as defined in Section C.1 above, and also any of the following: i. A child, as defined in Section C.1 above, of a domestic partner; or ii. An adult biological child, adopted child, foster child, stepchild, legal ward of the employee, or a child to whom the employee stands in loco parentis of the employee or of the employee’s domestic partner. 2. In loco parentis: a. For purposes of this Policy an employee stands in loco parentis by providing day-to-day care or financial support with FMLA-PDL POLICY PAGE 52 OF 42 Page 52 demonstrated intent of assuming the responsibilities typically held by a parent. b. Whether an employee stands in loco parentis to a child for purposes of this Policy will be determined by the City on a case- by-case basis, and the City may require reasonable documentation to support an employee's claim of providing either day-to-day care or financial support for the child. 3. Spouse: The definition of spouse expressly includes individuals in lawfully recognized same sex marriages, common law marriages and marriages that were validly entered into outside of the United States if they could have been entered into at least one state. In addition, the regulatory definition of spouse has moved from “state of residence” rule to “place of celebration” rule in which to look to the law of the place in which the marriage was entered into as opposed to the law of the state where the employee resides. This allows all legally married couples, whether opposite-sex or same sex or married under the common law, to have consistent federal family leave rights regardless of their residence. 4. Parent: Parent means a biological, foster or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. A biological or legal relationship is not necessary for a person to have stood in loco parentis to the employee as a child. “Parent” excludes parent-in-law under FMLA, but is included under CFRA. 5. Domestic Partner: A registered domestic partner as defined by Family Code § 297 through 297.5.: a. Two adults who have chosen to share one another’s lives in an intimate and committed caring relationship. b. Domestic partnership is established in the state of California when both persons file a Declaration of Domestic Partnership with the Secretary of State and the time of the filing all of the following requirements are met: i. Neither persons are married to someone else nor is a member of another domestic partnership unless otherwise terminated, dissolved, or adjudged a nullity; FMLA-PDL POLICY PAGE 53 OF 42 Page 53 ii. Both persons are at least 18 years of age and are not related by blood in any way that would prevent them from being married in California; and iii. Both persons are capable of consenting to domestic partnership. 6. Serious Health Condition: A serious health condition is an illness, injury, impairment, or physical or mental condition that involves the employee or a Covered Family Member that makes the employee unable to work. Specifically, it involves either inpatient care or continuing treatment or supervision by health care provider as follows: following: a. “Inpatient care” means an overnight stay in a hospital, hospice, or residential medical care facility, or any subsequent treatment in connection with such inpatient care, or any resulting period of incapacity. i. A person is considered to have an “overnight stay” for purposes of this provision if a health care facility formally admits the person to the facility with the expectation that the person will remain at least overnight and occupy a bed, even if it later develops that such person can be discharged or transferred to another facility and does not actually remain overnight. b. “Continuing treatment or supervision by a health care provider” means and includes any one or more of the following: i. In-person treatment two or more times, within 30 days of the first day of incapacity (CFRA excludes two or more in-person treatments within 30 days to establish continuing treatment), unless extenuating circumstances exist, by a health care provider, by a nurse under direct supervision of a health care provider, or by a provider of health care services (e.g. physical therapist) under orders of, or on referral by, a health care provider, with the first visit being within seven days of the first day of incapacity; or ii. In-person treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment FMLA-PDL POLICY PAGE 54 OF 42 Page 54 under the supervision of the health care provider, with the first visit being within seven days of the first day of incapacity (CFRA does not include a seven-day requirement to establish continuing treatment). iii. Any period of incapacity due to pregnancy, or for prenatal care, whether or not in-person treatment is received during that time, or whether the resulting absence lasts fewer than three days (CFRA excludes pregnancy as a serious health condition, including other conditions of pregnancy related disability). iv. Any period of incapacity, or treatment for such incapacity, due to a chronic serious health condition, whether or not in- person treatment is received during that time, or whether the resulting absence lasts fewer than three days. A chronic serious health condition is one which: (a) Requires periodic visits (defined as at least twice a year) for treatment by a health care provider, or by a nurse under direct supervision of a health care provider; and (b) Continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) May cause episodic rather than a continuing period of incapacity (e.g. , asthma, diabetes, epilepsy, etc. ). v. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease. vi. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, for either: (a) Restorative surgery after an accident or other injury. FMLA-PDL POLICY PAGE 55 OF 42 Page 55 (b) A condition that would likely result in a period of incapacity of more than three consecutive, full calendar days (CFRA excludes full-days provision and states incapacity of more than 3 consecutive days) in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc. ), severe arthritis (physical therapy), or kidney disease (dialysis). c. “Incapacity” means that a person is unable to work, attend school, or perform regular daily activities due to a serious health condition, its treatment, or the recovery that it requires. D. Amount of Leave Entitlement: Provided that all applicable conditions of Section IV are met, an employee may take a maximum of 12 workweeks of FMLA/CFRA leave in a rolling 12-month period measured backwards from the date the employee uses any FMLA/CFRA leave. 1. Employees taking FMLA/CFRA leave for the birth, adoption, or foster care of their child must initiate and complete any FMLA/CFRA leave within one year of the birth of the child or placement of the child with the employee for adoption or foster care. 2. Parents who are both employed by the City may take a maximum combined total of 12 workweeks of FMLA leave and may each take a maximum of 12 workweeks of CFRA leave in a 12-month period for the birth, adoption, or foster care of their child. Both parents and registered domestic partners (CFRA only in some circumstances) may be on leave simultaneously, provided the employees provide a certificate, from a health care provider, stating the need for both employees’ participation in the care of the child. 3. n employee’s FMLA/CFRA leave does not need to be consecutive, but can be cumulative within a 12-month period. 4. Industrial injury leaves and all non-industrial injury leaves are FMLA/CFRA leaves if they qualify as serious health conditions. E. Concurrent Use of Accrued Paid Leaves: Leave taken under this Policy is unpaid. Employees must their accrued leave balances concurrently with FMLA/CFRA leave, as provided below. The employee shall use their accrual balances in the following order: FMLA-PDL POLICY PAGE 56 OF 42 Page 56 1. Sick leave 2. Compensated time off 3. Administrative leave 4. Holiday leave 5. Vacation leave 6. Unpaid leave The paid leave shall run concurrently with the FMLA/CFRA leave, and shall not extend the employee’s entitlement to FMLA/CFRA leave. a. Sick leave: Employees are required to coordinate all accumulated sick leave concurrently when FMLA/CFRA leave is taken for the employee’s own serious health condition, or for the period of incapacity as certified by a medical provider when FMLA/CFRA leave is taken the period of incapacity under Section III.B.1 of this Policy. b. Other paid leaves: Employees are required to coordinate all other accrued paid leaves of absence, including but not limited to, compensatory time off, administrative leave, vacation, and holiday leave, when taking FMLA/CFRA leave for any reason. c. Coordination with Wage Replacement Plans: If an employee who is on FMLA/CFRA leave is also receiving a wage replacement payment from Short Term Disability, Long Term Disability, and/or Workers’ Compensation, the employee and the City may mutually agree to coordinate the employee’s accrued paid leaves with the amount received from the wage replacement plan, up to an amount equal to the employee’s regular salary. The employee must request that that their time be coordinated with the wage replacement plan. F. Intermittent or Reduced Schedule Leave: Intermittent FMLA/CFRA leave is leave taken on an as-needed basis in increments of minutes, hours, or days. A reduced schedule FMLA/CFRA leave involves a reduction in the number of hours per day or per week that an employee regularly works, with the employee substituting FMLA/CFRA time for hours not worked. The minimum FMLA/CFRA leave increment that can be taken by an employee is 15 minutes. FMLA-PDL POLICY PAGE 57 OF 42 Page 57 1. Conditions for Taking Intermittent or Reduced Schedule Leave: a. FMLA/CFRA leave taken for the employee’s own serious health condition, or the serious health condition of the Covered Family Member, or for military caregiver leave under Section VI.B. of this policy, may be taken intermittently or on a reduced leave schedule when medically necessary (as distinguished from voluntary treatments and procedures). b. Military exigency leave under Section VI.A. of this Policy may be taken on an intermittent or reduced schedule basis without limitation. c. Leave taken following the birth, adoption, or placement or foster care of a child may be taken on an intermittent or reduced schedule basis, subject to the conditions set forth below. 2. Calculation of Intermittent or Reduced Schedule Leave: The maximum equivalent number of hours to which an employee is entitled during the 12-week period will be based on the employee's regularly scheduled workweek. For example, an employee who is regularly scheduled to work 40 hours per workweek will be entitled to a maximum of 480 hours of FMLA/CFRA leave, whereas, an employee who is regularly scheduled to work 32 hours per workweek will be entitled to a maximum of 384 hours of FMLA/CFRA leave. In calculating this amount for employees with a varying schedule, the City will use an average of the employee's workweeks within the 12- month period immediately preceding the intermittent or reduced schedule leave. 3. Impact on Salary: Where permitted by applicable state and federal wage and hour laws, the City may make deductions from an employee’s salary for all hours of leave taken as intermittent leave, unless the employee is entitled or required to coordinate paid leave. Such deductions do not affect the employee’s classification as exempt or nonexempt for purposes of the Fair Labor Standards Act. 4. Inclusion of Scheduled Overtime: If an employee normally would be required to work overtime hours, but is unable to do so because of an FMLA/CFRA-qualifying reason that limits the employee’s ability to work overtime, the hours that the employee would have been required to work may be counted against the employee’s FMLA-PDL POLICY PAGE 58 OF 42 Page 58 FMLA/CFRA entitlement, as the employee would be considered to be using intermittent or reduced schedule leave. For example, if an employee is normally required to work 50 hours in a particular workweek, but because of an FMLA/CFRA-qualifying reason, the employee works only 40 hours that week, the employee would use 10 hours of FMLA/CFRA-protected leave out of the 50-hour workweek. 5. Temporary Transfer: a. Required by the City: The City may require that the employee temporarily transfer to an available alternative position for which the employee is qualified and which provides equivalent pay and benefits and that better accommodates recurring leave periods than the employee’s regular position. b. Requested by Employee: An employee on intermittent or reduced schedule FMLA/CFRA leave for foreseeable and planned medical treatments may request a transfer to an open and available position for which the employee is qualified, if the duties of that position would better accommodate the employee’s intermittent or reduced schedule FMLA/CFRA leave. Transfers will not be considered under this section when the intermittent or reduced schedule FMLA/CFRA leave is unscheduled, such as in the case of chronic conditions. 6. Leave Taken for Baby Bonding: The basic minimum duration of a leave taken for the birth, adoption, or foster care of a child shall be two weeks. However, the City will also grant two requests for shorter leave periods in the applicable one-year period. G. Employee Notice: Employees requesting leave under the FMLA/CFRA must notify their supervisor in accordance with the rules set forth below. Employees will provide the supervisor with sufficient information to make the City aware that the employee needs FMLA/CFRA leave, and the anticipated timing and duration of that leave. Supervisors must forward any such requests to Human Resources for review and approval. Employees may also provide notice of requested FMLA/CFRA leave to Human resources directly. H. Foreseeable Events: An employee must provide the City with at least 30 days advance notice before the date the leave is to begin, or must FMLA-PDL POLICY PAGE 59 OF 42 Page 59 provide notice as soon as is practicable, normally the same business day or next business day if the employee is off work when the employee learns of the need for leave. If the employee provides less than 30 days advance notice, the City may require explanation of why 30 days advance notice was not practicable. 1. In any case in which the need for FMLA/CFRA leave is foreseeable based on one of the circumstances listed below in subsection b., the employee shall make a reasonable effort to schedule any planned medical treatment or supervision so as not to unduly disrupt the operations of the City. However, any such scheduling shall be subject to the approval of the health care provider of the employee or the Covered Family Member. 2. The need for leave is considered “foreseeable” when it is taken for any of the following reasons: a. Planned medical treatment for a serious health condition of the employee. b. Planned medical treatment for a serious health condition of a family member. c. An expected birth, or placement for adoption or foster care. If an employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to delay the taking of the leave by up to 30 days after the date the employee provides notice of the need for FMLA/CFRA lee for a legitimate business reason. I. Unforeseeable Events: If an employee requires FMLA/CFRA leave for an unforeseeable event, the employee is required to provide notice to the City as soon as is practicable. J. Notice of Intermittent/Reduced Schedule Leave: The notice requirements for foreseeable intermittent or reduced schedule leaves shall be the same as for other foreseeable leaves, and the notice requirements for unforeseeable intermittent or reduced schedule leave shall be the same as for other unforeseeable leaves. FMLA-PDL POLICY PAGE 60 OF 42 Page 60 K. Contents of Notice: All requests for FMLA/CFRA leave should include the anticipated date(s) and duration of the leave and be sufficient to make the City aware that the employee needs leave under the FMLA/CFRA. The employee must state the reason the leave is needed, by reference to the list in Section IV.B. of this Policy. When the employee provides notice, it may not contain sufficient information for the City to determine whether the employee’s leave could be for an FMLA/CFRA-qualifying purpose. In such cases, the City may follow up with the employee for additional information, and the employee is required to respond to the same. However, the employee shall not be required to provide the City with a diagnosis. 1. Changes to Dates of Leave: The employee must advise the City as soon as practicable when the employee learns that the dates of the FMLA/CFRA leave may change. 2. Requests for Extension: Any requests for extensions of an FMLA/CFRA leave must be received at least five business days before the date on which the employee was originally scheduled to return to work, where practicable, and must include the revised anticipated date(s) and duration of the FMLA/CFRA leave. If the employee has exhausted the employee’s leave entitlement under Section IV.I., the City will evaluate on a case-by-case basis whether additional leave may be available as a reasonable accommodation for the employee's own serious health condition; however, any such additional leave shall not be subject to the provisions of this section. Under no circumstances shall the employee be allowed to be off longer than six months beyond the FMLA/CFRA requirement. L. City Response to a Request for FMLA/CFRA Leave or Request for Extension - Eligibility Notice: Within five business days of an employee’s request to take FMLA/CFRA leave, the City shall provide the employee with a written Eligibility Notice. The Eligibility Notice is not a designation of the employee being on FMLA/CFRA Leave. The Eligibility Notice shall include the following information: 1. Whether the employee is eligible to take FMLA/CFRA leave. If the employee is ineligible for FMLA/CFRA leave, the notice will include the reason(s) why the employee is ineligible. FMLA-PDL POLICY PAGE 61 OF 42 Page 61 2. Whether the employee has exhausted their 12-week FMLA/CFRA entitlement. 3. Whether additional information, such as a medical certification, is required from the employee in order to process the employee’s request for FMLA/CFRA leave or request for extension. 4. The employee’s rights and responsibilities under the FMLA/CFRA, which will include a statement of whether the employee is required to provide a medical certification or recertification. A statement requiring a medical certification will also advise the employee of the anticipated consequences of the employee’s failure to provide adequate notice. 5. If the employee has requested an extension of leave for the employee’s own serious health condition but has exhausted the leave entitlement under Section IV.I., the City will advise whether additional leave will be granted as a reasonable accommodation; however, any such additional leave shall not be subject to the provisions of this Section IV. M. Medical Certification and Recertification: Any request for FMLA/CFRA leave for an employee’s own serious health care condition or for FMLA/CFRA leave to care for a family member with a serious health condition must be supported by medical certification from the treating health care provider. Employees are encouraged to use the City's medical certification form to ensure that all pertinent information is obtained. Any request for an extension of FMLA/CFRA leave also must be supported by a medical certification from the treating health care provider. Again, employees are encouraged to use the City's medical certification to ensure that all pertinent information is obtained. 1. Timing of Request for Medical Certification: The City will request medical certification: a. Within five business days after an employee requests foreseeable leave; b. Within five business days after an employee provides notice of an unforeseeable leave, or within five business days after an unforeseeable leave commences, whichever is later; FMLA-PDL POLICY PAGE 62 OF 42 Page 62 c. At a later date if the City has a reason to question the appropriateness or duration of an employee’s leave (FMLA only). 2. Timing for Employee’s Return of the Medical Certification: All medical certifications and recertifications must be returned to the City within 15 days from the City request, regardless of whether the leave is foreseeable or unforeseeable. Exceptions to this may be granted when it is not practicable to provide the certification or recertification within 15 days, despite the employee’s diligent, good faith efforts to do so. 3. Certification for Serious Health Condition of Covered Family Member: The employee must have the patient’s treating health care physician complete a medical certification form when requesting family leave to care for a Covered Family Member (as defined in Footnote 1, above) with a serious health condition. Employees are encouraged to use the City’s medical certification form to ensure that all pertinent information is obtained. a. Medical Recertification: If the employee requests additional leave beyond the time period which the health care provider originally estimated that the employee needed to take care of Covered Family Member, the City may request a recertification from the employee. 4. Certification for the Employee’s Own Serious Health Condition: a. First Opinion: The employee must have the employee’s health care physician complete a medical certification form when requesting FMLA/CFRA leave for the employee’s own serious health condition. Employees are encouraged to use the City's medical certification form to ensure that all pertinent information is obtained. b. Second and Third Opinions: If the City has reason to doubt the validity of the certification provided by the employee, the City may require the employee to obtain a second opinion from a doctor of the City’s choosing at the City’s expense. If the employee’s health care provider and the doctor providing the second opinion do not agree, the City may require a third opinion, also at the City’s expense, performed by a mutually FMLA-PDL POLICY PAGE 63 OF 42 Page 63 agreeable doctor who will make a final determination that shall be binding on both the City and the employee. c. Medical Recertification: The City may request recertification of a medical condition upon the expiration of the time period which the health care provider originally estimated, if additional FMLA/CFRA leave is requested. 5. Certification for an Employee’s Return to Work: a. Returning from a Continuous Leave: As a condition of restoration to the employee’s former position, an employee taking continuous leave under the FMLA/CFRA is required to provide the City with certification from the employee’s health care provider stating that the employee is able to resume essential work functions. An employee who fails to provide the certification may have reinstatement delayed. No certification is required for employees returning from pregnancy-related leave. b. Returning from an Intermittent or Reduced Schedule Leave: In addition to the requirement in Section 5.a., above, if the employee is on intermittent or reduced schedule leave, the City may require a fitness for duty certification at fixed intervals not exceeding every 30 days if there are reasonable safety concerns. “Reasonable safety concerns” means a reasonable belief of significant risk of harm to the employee or others. c. Contents of Certification: The City will provide the employee with a form and a copy of the employee’s job description for the employee health care provider to review in completing the fitness for duty certification, and employees are encouraged to use the City’s form to ensure that all pertinent information is obtained. The employee must provide a complete and sufficient fitness for duty certification. If the employee’s health care provider releases the employee back to work with restrictions, the City will engage in the interactive process to determine what reasonable accommodation, if any, will permit the employee to return to work in accordance with the ADA and the FEHA. FMLA-PDL POLICY PAGE 64 OF 42 Page 64 6. Employee’s Failure to Provide a Medical Certification or Recertification: If the employee fails to timely provide a complete and sufficient medical certification when requested, the request for FMLA/CFRA leave may be denied or delayed until a sufficient certification is provided. Employees will be advised of these consequences in connection with any request by the City for medical certification or recertification. N. City’s Designation of Leave: Absent extenuating circumstances, within five business days after the City has acquired enough information to determine whether the employee’s request qualifies for FMLA/CFRA leave, the City will provide the employee with a written Designation Notice. 1. Designating Leave as FMLA/CFRA-Qualifying: If the leave is designated as being FMLA/CFRA-qualifying, the Designation Notice will contain, but is not limited to, the following information: a. A statement that the leave is being designated as FMLA and/or CFRA leave; b. The amount of leave being counted as FMLA and/or CFRA leave, if known; c. Whether accrued paid leave will be used during the leave, and that any paid leave used will count as FMLA and/or CFRA leave; d. Whether a medical certification or recertification will be required to release the employee to return to work; and e. Whether a job description or description of essential duties is attached to the Designation Notice for the health care provider to use in completing the medical certification or recertification to release the employee to return to work. 2. Unable to Designate: If the City is unable to determine whether the leave requested is FMLA/CFRA-qualifying because more information is needed, the employee will be informed that: a. The medical certification is incomplete or insufficient, and the City will provide a list of deficiencies and explain the employee’s opportunity to cure said deficiencies; or FMLA-PDL POLICY PAGE 65 OF 42 Page 65 b. A second or third medical opinion is being required. 3. Not Designating Leave as FMLA/CFRA-Qualifying: If the City has determined that the employee’s leave does not qualify as FMLA/CFRA leave, or that employee has exhausted the 12-week FMLA/CFRA entitlement, the City will notify the employee in writing that the leave is not being designated as FMLA/CFRA leave, and the reason for the denial. O. Employment Benefits and Protection: 1. Previously Accrued Benefits and Seniority Status: a. Leave under the FMLA/CFRA will not result in the loss of any employment benefits accrued before the date the leave commenced. b. Leave under the CFRA will not constitute a break in service or otherwise cause the employee to lose longevity or seniority, even if other paid or unpaid leave constitutes a break in service for purposes of establishing longevity or seniority, or for layoff, recall, promotion, job assignment, or seniority-related benefits. 2. No Accrual of Leave or Seniority during Unpaid FMLA/CFRA Leave: a. An employee on unpaid FMLA/CFRA leave shall not accrue any additional paid leave time. Thus, employees will not accrue vacation leave, sick leave, administrative leave, nor will they be paid for holidays during the unpaid leave. b. The time off on unpaid FMLA/CFRA leave shall not count as time worked for purposes of establishing additional seniority for purposes of layoff, recall, promotion, job assignment, and other seniority-related benefits. c. However, during the time that an employee supplements unpaid FMLA/CFRA leave with paid leave, the employee will continue to accrue leaves and benefits in accordance with the provisions of the City’s policy governing those leaves of absence (i.e., when coordinating with sick leave, the rules governing sick leave will apply with regard to the employee’s benefits). 3. Maintenance of Health Insurance of the Employee: Employees will continue to receive the same medical benefits while on FMLA/CFRA FMLA-PDL POLICY PAGE 66 OF 42 Page 66 leave for up to 12 workweeks, or longer depending on the basis for the qualifying leave, in a 12-month period. The City shall be responsible for the continued payment of the City’s share of the cost of the employee’s health benefits during the leave period. Benefits for absences beyond the allotted period will be handled in the same manner as benefits for employees on any other type of unpaid leave of absence. An employee who notifies the City that the employee does not intend to return to work from the FMLA/CFRA leave is not entitled to medical benefits provided by the City as if the employee were on a FMLA/CFRA leave and instead is entitled to the benefits provided to employees who are on an unpaid leave of absence for any other reason. 4. Maintenance of Benefits Requiring Employee Contributions: a. During any period of unpaid leave, unless otherwise prohibited by applicable law, an employee may elect to discontinue health insurance coverage for the employee, a spouse, registered domestic partner, and/or any dependent(s) as well as any other benefits offered or sponsored by the City to which the employee is required to make monthly contributions. Employees must notify the City in writing of such an election. b. An employee will continue to be responsible for making the payment of monthly contributions for which the City has not received advanced notice of election to discontinue. If any premium amounts are increased or decreased for other employees similarly situated, the employee will be required to pay the new premium rates. c. All monthly contributions are due and payable to the City at the same time as they would be if made through payroll deduction. d. If any monthly contributions are not received within 30 days of their due date, the City has the option to either discontinue said benefit(s) or continue said benefit(s) by making the monthly contributions on the employee’s behalf. e. Upon the employee’s return to work, the City is entitled to seek reimbursement from the employee for the employee’s share of any monthly contributions made on the employee’s behalf. FMLA-PDL POLICY PAGE 67 OF 42 Page 67 f. Employees included in a pension or retirement plan may continue to make contributions in accordance with the terms of the plan during the period of leave. However, the City shall not be required to make plan payments for employees during the leave period which is unpaid, and the unpaid leave period shall not be counted for purposes of time accrued under the plan. g. If the City provides a new health plan or benefits or changes health plans or benefits while an employee is on CFRA leave, the City will give written notice to the employee to advise that the employee is subject to the new or changed plan/benefits in the same manner, and to the same extent, as if the employee were not on leave. 5. Failure to Return from Leave: The City may recover the entire premium it paid for maintaining health insurance benefits for an employee during any period of unpaid leave if the employee fails to return to work promptly upon the expiration of a leave for a reason other than the continuation, recurrence or onset of a serious health condition that entitles the employee to leave or other circumstances beyond the employee’s control. P. Reinstatement: 1. Restoration to Position: When an employee returns from a leave under the FMLA/CFRA, the employee will be restored to the position held when the leave began, or to a comparable position, with equivalent (i.e. virtually identical) employment benefits, pay, and other conditions of employment. a. The duties of the position must be capable of being performed in the same or similar geographic location, and involve the same or substantially similar duties as the position held when leave began, with responsibilities that entail substantially equivalent skill, effort, responsibility, and City. 2. Denial of Restoration Rights: There are two circumstances where the City may refuse to reinstate an employee to the employee’s pre- leave position: FMLA-PDL POLICY PAGE 68 OF 42 Page 68 a. Position No Longer Exists: The City may refuse to reinstate an employee to the employee’s pre-leave position at the conclusion of a leave under either the FMLA or CFRA when the employee’s position and any comparable position have ceased to exist because of legitimate business reasons unrelated to the employee’s FMLA/CFRA leave. In this case, the City shall reasonably accommodate the employee through alternative means that will not cause undue hardship to the City’s operation. The City may offer the employee any other position that is available and suitable. The City is not required to create new employment that would not otherwise be created, discharge or transfer another employee, or promote another employee who is not qualified to perform the job. b. Key Employee: The City may refuse to reinstate an employee to the employee’s pre-leave position at the conclusion of a leave under the FMLA, and not CFRA, when the employee is considered a key employee. A key employee is a salaried eligible employee who is among the highest paid ten percent of the City’s employees. In addition, the following steps have to take place: i. The City notifies the employee at the time the employee gives notice of the need for leave, or when leave commences, if earlier, that the Key Employee is a Key Employee, and also notifies the employee of the potential consequences with respect to reinstatement and maintenance of health benefits if the City should determine that reinstatement will result in substantial and grievous economic injury to its operations; and ii. As soon as the City makes a good faith determination that substantial and grievous economic injury will result if the City reinstates that Key Employee at the end of the requested FMLA leave period, the City notifies the employee that it intends to deny reinstatement at the end of the requested leave period. The notice from the City will include an explanation for the basis for the City’s determination and provide the Key Employee with a reasonable time in which to return to work, taking into account the circumstances, such FMLA-PDL POLICY PAGE 69 OF 42 Page 69 as the requested duration of the leave and the urgency of the need for the employee to return. iii. The Key Employee has already begun the FMLA leave at the time of receiving the notice, and the Key Employee does not return to work within the specified timeframe after receiving such notice from the City. (a) The Key Employee will remain entitled to the maintenance of health benefits under Section IV.P.4. for the duration of the originally-requested leave, but the City will not be entitled to recover its contributions to premiums under Section IV.P.5. (b) The Key Employee’s rights will then continue under the FMLA unless and until the employee either gives notice that the employee will not seek to return to work, or the employee requests to return to work at the conclusion of the leave and receives notice that the City has denied that request. iv. If the Key Employee requests to return to work upon completion of the originally-requested leave, the City again determines that substantial and grievous economic injury will result if the City reinstates the employee, based on the facts at hand, and the City provides written notice of the denial. Q. Opportunity to Fulfill Missed Requirements: If an employee is unable to attend a necessary course, renew a license, or is otherwise adversely affected in terms of fulfilling minimum requirements or qualifications for the position as a result of the FMLA/CFRA leave the employee will be given a reasonable opportunity to fulfill those requirements or qualifications upon returning to work from FMLA/CFRA leave. R. Accommodation Upon Returning from Leave: Nothing in this section prevents the City from accommodating an employee’s request for any change in shifts, schedule, position, or geographic location. Similarly, nothing in this section prohibits the City from offering a promotion to a better position, or from providing a reasonable accommodation pursuant to its obligations under the Americans with Disabilities Act and the Fair Employment and Housing Act. FMLA-PDL POLICY PAGE 70 OF 42 Page 70 V. PREGNANCY DISABILITY LEAVE OR TRANSFER A. Eligibility and Duration: 1. Eligibility: a. Any employee who is disabled on account of pregnancy, childbirth, or related medical conditions may take a pregnancy- related disability leave, regardless of the number of hours worked or the employee’s length of employment with the City. However, unless an employee has met the eligibility requirements under Section IV of this Policy, the employee shall not be subject to the additional terms and conditions that apply to an employee who is eligible for FMLA leave. b. An employee’s pregnancy-related disability is not considered a serious health condition under the CFRA and is not counted against an employee’s CFRA leave eligibility. 2. Amount of Leave Entitlement: An eligible employee may take a pregnancy-related disability leave for the period of disability, up to four months (an equivalent of 17 1/3 weeks). The pregnancy disability leave shall run concurrently with any family care or medical leave to which the employee may be entitled under the FMLA. An employee is entitled to take off the number of days or hours that the employee would normally work during 17 1/3 weeks of employment. For example, an employee, who regularly works 40 hours per week is entitled to take 693 hours of leave, and an employee who regularly works 20 hours per week, would be entitled to 346.5 hours of leave. 3. Temporary Transfer: Any employee affected by conditions related to pregnancy, childbirth, or related medical conditions is entitled to transfer temporarily to a less strenuous or hazardous position or to less strenuous or hazardous duties upon the certification of the employee’s health care provider that the transfer is medically advisable, if the transfer can be reasonably accommodated. 4. Reasonable Accommodation: The City will provide reasonable accommodation to an employee who is affected by pregnancy, childbirth or related medical conditions as required by law. FMLA-PDL POLICY PAGE 71 OF 42 Page 71 B. Use of Accrued Leave: An employee taking pregnancy-related disability leave must coordinate any available sick leave with the pregnancy- related disability leave. An employee taking pregnancy-related disability leave shall use any other accumulated paid leaves, including, but not limited to, vacation time, holiday pay, compensatory time off, or administrative leave with the pregnancy-related disability leave. The paid leave shall run concurrently with the pregnancy-related disability leave, and shall not extend the employee’s entitlement to pregnancy- related disability leave beyond the amount specified in this Policy. 1. Coordination with Wage Replacement Plans: a. This provision only applies when the employee’s pregnancy- related disability leave is also designated as a serious health condition under the FMLA. b. Pursuant to the provisions of the FMLA, if an employee is receiving a wage replacement payment from Short Term Disability or Long Term Disability, the employee and the City may mutually agree to coordinate the employee’s accrued paid leaves with the amount received from the wage replacement plan, up to an amount equal to the employee’s regular salary. The employee must request to have their time coordinated with a wage replacement plan. c. If the employee is still receiving SDI benefits when the twelve workweeks of leave under the FMLA expire, the City will require that the employee begin coordinating any additional accrued leave with the wage replacement benefits. The employee shall coordinate all other accrued paid leaves with the wage replacement benefits. C. Notice: An employee should notify the supervisor of the employee’s need for pregnancy-related disability leave or transfer as soon as the employee is aware of the need for such leave. 1. Foreseeable Events: Where the need for pregnancy-related disability leave or transfer is foreseeable, the employee must provide at least 30 days’ advance notice to the City of the need for pregnancy-related disability leave or transfer. If the leave or transfer is required in connection with any planned, non-emergency medical treatment or supervision, the employee shall consult with the City FMLA-PDL POLICY PAGE 72 OF 42 Page 72 and make a reasonable effort to schedule any such planned medical treatment or supervision to minimize disruption to the City’s operations, subject to the approval of the health care provider of the employee. 2. Unforeseeable Events: For non-emergency events that are not foreseeable 30 days in advance, or when 30 days’ advance notice is not practicable, the employee must notify the City as soon as practicable under the circumstances, ordinarily within two business days after the employee learns of the need for leave. 3. Notice of Intermittent Leave: In the event that an employee requires intermittent pregnancy-related disability leave, the employee shall notify the City of the anticipated dates for the absences as much in advance as possible. 4. Failure to Provide Notice: If the employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to delay the employee’s right to take leave for up to 30 days after the date the employee provides notice of the need for pregnancy-related disability leave or transfer; provided, however, that the delay would not endanger the employee’s health, pregnancy, or health of the employee’s co-workers. D. Contents of Notice or Request for Extension: 1. All requests for pregnancy-related disability leave or transfer should include the anticipated timing and duration of the leave or transfer and be sufficient to make the City aware that the employee requires a pregnancy-related disability leave or transfer. Any requests for extensions of a pregnancy-related disability leave or transfer must be received at least five business days before the date on which the employee was originally scheduled to return to work, where practicable, and must include the revised anticipated date(s) and duration of the pregnancy-related disability leave or transfer. 2. If the employee has exhausted the leave entitlement under Section V.A.2., the City will evaluate on a case-by-case basis whether additional leave may be available as a reasonable accommodation; however, any such additional leave shall not be subject to the provisions of this Section V. Under no circumstances shall the FMLA-PDL POLICY PAGE 73 OF 42 Page 73 employee be allowed to be off longer than six months beyond the FMLA/CFRA/PDL requirement. E. Intermittent or Reduced Schedule Leave: Pregnancy-related disability leave can be taken on an intermittent or on a reduced schedule basis when medically advisable, as determined by the employee’s health care provider. The minimum pregnancy-related disability leave increment that can be taken by an employee is fifteen minutes. If pregnancy-related disability is taken on an intermittent or reduced schedule basis and it is foreseeable based on planned medical treatment because of pregnancy, the City retains the discretion to temporarily transfer the employee to an alternative position, for which the employee is qualified, with equivalent pay and benefits, which better accommodates the employee’s leave schedule, but need not have equivalent duties. F. City Response to a Request for Pregnancy-Related Disability Leave or Transfer or Request for Extension: Within five business days of an employee’s request for pregnancy-related disability leave or transfer, the City shall provide the employee with a written Eligibility Notice, which shall conform to the provisions of Section IV.M. The Eligibility Notice shall also inform the employee of the additional rights under the California PDL. If the employee has exhausted the leave entitlement under Section V.A.2., the City will advise whether additional leave will be granted as a reasonable accommodation; however, any such additional leave shall not be subject to the provisions of this Section V. G. Medical Certification: 1. Timing of Certification: Any request for pregnancy-related disability leave or transfer must be supported by a medical certification from a health care provider. a. For foreseeable pregnancy-related disability leaves or transfers, employees will provide the required medical certification before the leave/transfer begins. When this is not possible, employees must provide the required certification within 15 days, unless it is not practicable under the circumstances to do so. Failure to provide the required medical certification may result in the denial or delay of foreseeable pregnancy-related disability leaves or transfers until such certification is provided. FMLA-PDL POLICY PAGE 74 OF 42 Page 74 b. In the case of unforeseeable leaves, failure to provide the required medical certification within 15 days of being requested to do so may result in a denial of the employee’s continued leave until certification is eventually provided. Any request for an extension of the leave/transfer must also be supported by an updated certification. 2. Contents of the Certification for Pregnancy-Related Leave: Employees are encouraged to use the City’s medical certification when requesting pregnancy-related disability leave to ensure that all pertinent information is obtained. The following information must be included: (1) date the employee became or will become disabled due to pregnancy; (2) the probable duration of the period or periods of disability; and (3) an explanatory statement that, due to the disability, the employee is unable to work at all or is unable to perform any one or more of the essential functions of the employee’s position without undue risk to self, to the successful completion of the pregnancy, or to other persons. 3. Contents of the Certification for Pregnancy-Related Transfers: Employees are encouraged to use the City’s medical certification when requesting pregnancy-related disability transfer to ensure that all pertinent information is obtained. The medical certification for pregnancy-related transfer shall include: (1) a description of the requested transfer or reasonable accommodation; (2) the date the need for the transfer or reasonable accommodation became medically advisable; (3) the probable duration of the need for the transfer or reasonable accommodation; and (4) an explanatory statement that, due to the disability, the transfer or reasonable accommodation is medically advisable. 4. No Second/Third Opinions Allowed: There will not be a second or third opinion regarding pregnancy-related disability leave or transfer. 5. Return to Work Certification: As a condition of restoration to the employee’s former position, an employee taking leave under the FMLA/PDL is required to provide the City with certification from the employee’s health care provider stating that the employee is able to resume original job duties. FMLA-PDL POLICY PAGE 75 OF 42 Page 75 H. City’s Designation of Leave: Once an employee requests pregnancy- related disability leave or transfer, Human Resources shall notify the employee in writing whether the requested leave or transfer is approved and qualifies as pregnancy-related disability leave or transfer. This designation shall comply with the provisions of Section IV.O, and shall also inform the employee of any additional rights and obligations under the California Pregnancy Disability Leave Law. I. Employment and Benefits Protection: The provisions set forth in Section IV.P. of this Policy regarding employment and benefits protection in connection with FMLA/CFRA leave also apply to all pregnancy-related disability leaves, except that where the City's policy permits employees on paid leave and/or unpaid leave to accrue seniority, employees on paid and/or unpaid pregnancy-related disability leaves shall also accrue seniority. J. Reinstatement: Upon the completion of the employee’s pregnancy- related disability leave or transfer period, and upon submission of the return-to-work notice, the employee shall be returned to the same position previously held, or to a comparable position as permitted by law. However, for pregnancy-related disabilities, there is no reinstatement exception for Key Employees. VI. MILITARY LEAVE EXIGENCY/CAREGIVER LEAVE UNDER THE FMLA A. Military Exigency Leave: The City permits employees who have a covered military family member in the Armed Forces (including the National Guard or Reserves) to take up to twelve workweeks of FMLA/CFRA leave due to a qualifying exigency resulting from the covered military family member’s active military duty (or call to active duty status) in support of a contingency operation. Leave granted under this Section shall count against the FMLA/CFRA leave granted under Section IV. 1. Definitions: a. Armed Forces: The Army, Navy, Air Force, Marine Corps, or Coast Guard, including the National Guard and Reserves. b. Covered Active Duty or Call to Active Duty Status: One of the following: FMLA-PDL POLICY PAGE 76 OF 42 Page 76 i. For a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; or ii. For a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a federal call or order to active duty in support of a contingency operation under a provision of law referred to in Section 101(a)(13)(B) of Title 10, United States Code. c. Covered Military Family Member: An employee may take leave under FMLA/CFRA for the employee’s spouse, son, daughter, or parent who is a member of the Armed Forces and is on Covered Active Duty or Call to Active Duty Status. An employee may take leave under CFRA for the employee’s domestic partner who is a member of the Armed Forces and is on Covered Active Duty or Call to Active Duty status. i. For purposes of this definition only, "son" or "daughter" means the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, within the meaning of Section IV.D. of this Policy, regardless of age. d. Covered Military Family Member's Child: The biological, adopted, or foster child, stepchild, legal ward, or child for whom the Military Family Member stands in loco parentis, within the meaning of Section IV.D. of this Policy, who is either under the age of 18 or who is aged 18 or older but incapable of self-care because of a physical or mental disability at the time leave under this Section VI.A. is to commence. e. Covered Military Family Member's Parent: The biological, adoptive, step, or foster father or mother, or an individual who stood in loco parentis, within the meaning of Section IV.D. of this Policy, to a Covered Military Family Member who was under 18 years of age. FMLA-PDL POLICY PAGE 77 OF 42 Page 77 2. Qualifying Reasons for Military Exigency Leave: Military exigency leave can be taken for the following non-medical, non-routine activities only: a. Short-Notice Deployment Activities: If a Covered Military Family Member receives seven or less calendar days’ notice prior to the date of deployment, an employee may take FMLA/CFRA leave to address any issue arising from an impending call or order to active duty in support of a contingency operation. The employee may take FMLA/CFRA leave for up to seven days beginning on the date the Covered Military Family Member receives the notice of impending call or order to active duty. b. Military Events and Related Activities: An employee may take FMLA/CFRA leave to attend any official ceremony, program, or event sponsored by the military that is related to the active duty or call to active duty status of the Covered Military Family Member. An employee may also take FMLA/CFRA leave to attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or American Red Cross that are related to the active duty or call to active duty status of a Covered Military Family Member. c. Childcare and School Activities: An employee may take FMLA/CFRA leave for the following reasons, if the reason is necessitated by the Covered Military Family Member’s active duty or call to active duty status, or circumstances arising from it: i. To make alternative childcare arrangements of a Covered Military Family Member’s Child; ii. To provide childcare for a Covered Military Family Member’s Child on an urgent, immediate need basis, but not on a regular, routine, or everyday basis; iii. To enroll in or transfer a Covered Military Family Member’s Child in a new school or day care facility; and/or iv. To attend meetings with staff at a school or day care facility, such as regarding disciplinary measures, parent-teacher FMLA-PDL POLICY PAGE 78 OF 42 Page 78 conferences, or meetings with school counselors, for a Covered Military Family Member's Child. d. Financial and Legal Arrangements: An employee may take FMLA/CFRA leave in order to make or update financial or legal arrangements to address the Covered Military Family Member’s absence while on active duty or call to active duty status; and/or to act as the Covered Military Family Member’s representative before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the Covered Military Family Member is on active duty or call to active duty status (up to a period of 90 days following the termination of the Covered Military Family Member’s active duty status). e. Counseling Activities: An employee may take FMLA/CFRA leave to attend counseling, provided that: i. The need for counseling arises from the Covered Military Family Member’s active duty or call to active duty; ii. Such counseling is provided by someone other than a health care provider; and iii. The counseling is for the employee, the Covered Military Family Member, and/or the Covered Military Family Member’s Child. (Note that if medical counseling is needed due to a serious health condition, the employee may be able to take FMLA/CFRA leave under Section IV instead.) f. Rest and Recuperation Activities: If a military member is granted short-term, temporary, rest and recuperation leave during the period of deployment, an employee may take FMLA/CFRA leave to spend time with the military member. An employee may take FMLA/CFRA leave for this purpose for up to fifteen business days for each instance of rest and recuperation, beginning on the date the Covered Military Family Member commences each instance of rest and recuperation leave. g. Post-Deployment Activities: An employee may take FMLA/CFRA leave to attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following FMLA-PDL POLICY PAGE 79 OF 42 Page 79 termination of the Covered Military Family Member’s active duty status. An employee may also take FMLA/CFRA leave to address issues that arise from the death of a Covered Military Family Member while on active duty status, such as meeting and recovering the body of, making funeral arrangements for, or attending funeral services for the Covered Military Family Member. h. Parental Care: An employee may take FMLA/CFRA leave for care of a Covered Military Family Member's Parent who is incapable of self-care. i. "Incapable of self-care" means that the individual requires active assistance to provide daily self-care in three or more of the following activities: caring appropriately for one's grooming and hygiene; bathing; dressing; eating; cooking; cleaning; shopping; taking public transportation; paying bills; maintaining a residence; using telephones and directories; using a post office; or other activities or instrumental activities of daily living. ii. An employee may take parental care leave for the following purposes when the need arises from the covered active duty or call to active duty of the Covered Military Family Member: (a) To arrange for alternative care of the Covered Military Family Member's Parent from the existing care arrangement; (b) To provide care for the Covered Military Family Member's Parent on an urgent, immediate need basis (as opposed to a routine, regular, or everyday basis); (c) To admit to or transfer to a care facility the Covered Military Family Member's Parent; or (d) To attend meetings with staff at a care facility, such as meetings with hospice or social service workers, that are not regular or routine. i. Additional Activities: An employee may take FMLA/CFRA leave for another form of exigency, provided that: FMLA-PDL POLICY PAGE 80 OF 42 Page 80 i. The reason for the leave arises out of the Covered Military Family Member’s active duty or call to active duty; ii. The City and the employee mutually agree that such leave shall be considered taken for a qualifying exigency; and iii. The City and employee mutually agree on the timing and duration of the leave. 3. Employee Notice of Need for Military Exigency Leave: a. Timing of Notice: Employees are required to give notice of the need for military exigency leave as soon as practicable under the circumstances. b. Content of Notice: Employees are required to provide the City with sufficient information, depending on the situation, to notify the City as to the anticipated timing and duration of the leave, that a Covered Military Family Member is on active duty or call to active duty status, and that one of the qualifying exigencies in Section VI.A.2. is present. c. Updates from Employee: The employee is required to advise the City as soon as is practicable when the dates of leave or other circumstances change. 4. City Response to Notice of Need for Military Exigency Leave: The City will request any additional, necessary information needed to process the employee’s request and will also follow the procedures set forth under Section IV of this Policy in responding to an employee’s notice that employee has a need for military exigency leave. 5. Certification of Need for Military Exigency Leave: The City will request certification of the employee’s need for military exigency leave when it provides notice under Section IV., and will provide the employee with a form to complete or an explanation of the information needed. Employees requesting military exigency leave for the first time for a particular active duty or call to active duty are also required to provide the City with a copy of the military member’s active duty orders. a. Required Information for Certification: FMLA-PDL POLICY PAGE 81 OF 42 Page 81 i. A signed statement or description by the employee of the facts supporting the request for leave for one or more of the reasons set forth in Section VI.A.2 and any available supporting written documentation, including, but not limited to, meeting announcements, appointment confirmations, or a copy of a bill for services. ii. The approximate date on which the reason for the leave commenced, or will commence. iii. The applicable timeframe. (a) If for a single, continuous period of time, the beginning and end dates for the employee's absence from work; (b) If on an intermittent or reduced schedule basis, the estimated frequency and duration of the employee's absences. iv. For leave involving a meeting with a third party, appropriate contact information for the individual or entity, such as name, title, organization, address, telephone number, fax number, and email address, as well as a brief description of the purpose of the meeting. v. For leave involving rest and recuperation activities, a copy of the Covered Military Family Member's Rest and Recuperation orders, or other documentation issued by the military indicating that the Covered Military Family Member has been granted Rest and Recuperation leave and identifying the dates of that Rest and Recuperation leave. b. Timing of City’s Notice of Required Certification: The City will request the certification in accordance with the timeframes set forth in Section IV.N. of this Policy. c. Insufficient or Incomplete Certification: Employees are required to provide a complete and sufficient certification. If an employee provides an incomplete or insufficient certification, the City will give the employee written notice of the deficiencies and seven calendar days to cure the deficiencies, unless seven days is not practicable, despite the employee’s diligent, good faith efforts. FMLA-PDL POLICY PAGE 82 OF 42 Page 82 The employee’s leave may be denied if the employee fails to provide timely a required certification. d. Verification of Certification: The City may verify the employee’s certification by contacting the appropriate Department of Defense unit to verify the military member is on active duty or call to active duty status. If the exigency involves meeting with a third party, the City may contact the entity or individual with whom the employee is meeting to verify the meeting or appointment schedule and the nature of the meeting. The City will not request additional information. No permission from the employee is required for such verification. B. Military Caregiver Leave: In addition to military exigency leave, as described above, the FMLA provides for military caregiver leave. As explained at length below, military caregiver leave is available when an employee whose covered military spouse, registered domestic partner, child, or other covered relative has incurred a serious injury while on active duty. Leave granted under this Section shall count against the FMLA leave granted under Section IV. Specifically, the City will permit an employee who is the spouse, registered domestic partner, son, daughter, parent, or next of kin of a Covered Servicemember in the Regular Armed Forces, National Guard, or Reserves who has incurred a serious injury or illness in the line of duty, while on active duty, to take up to 26 workweeks in a single 12- month period, per Covered Servicemember, and per injury/illness of the servicemember. Note that there are many differences between military exigency leave and military caregiver leave. The two types of FMLA military leave use different definitions, are utilized for different purposes, and grant different amounts of leave. 1. Definitions: a. Armed Forces: The Army, Navy, Air Force, Marine Corps, or Coast Guard, including the National Guard and Reserves b. Authorized Health Care Provider: For purposes of completing the certification required under Section VI.3.b., an authorized healthcare provider includes any one of the following: FMLA-PDL POLICY PAGE 83 OF 42 Page 83 i. United States Department of Defense ("DOD") health care provider; ii. A United States Department of Veterans Affairs ("VA") health care provider; iii. A DOD TRICARE network authorized private health care provider; iv. A DOD non-network TRICARE authorized private health care provider; or v. Any health care provider permitted to provide medical certification under Section IV.N of this Policy. c. Covered Servicemember: i. A current member of the Armed Forces 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 ii. 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, at any time during the period of five years preceding the date on which the employee commences FMLA leave to care for the veteran. If the veteran was discharged or released under conditions other than dishonorable, the period from October 28, 2009 through February 8, 2013 shall not be counted in determining whether the veteran's last day of service falls within the five-year period. d. Next of Kin: The nearest blood relative of a Covered Servicemember (other than spouse, registered domestic partner, parent, son, or daughter), in the following priority order: i. A blood relative designated in writing by the servicemember as the nearest blood relative for purposes of military caregiver leave under the FMLA, who, if so designated, shall be the only next of kin for purposes of this Policy; ii. Blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions; FMLA-PDL POLICY PAGE 84 OF 42 Page 84 iii. Brothers or sisters; iv. Grandparents; v. Aunts or uncles; and vi. First cousins. If no blood relative has been designated under Section VI.B.1.d.i., all blood relatives at the next applicable level of priority shall be considered "next of kin" who may take FMLA leave to provide care for the Covered Servicemember, either simultaneously or not. e. Outpatient Status: The status of a Covered Servicemember who is assigned to a military medical treatment facility as an outpatient, or a unit established for the purpose of providing command and control of members of the military receiving medical care as outpatients. f. Parent of a Covered Servicemember: A Covered Servicemember's biological, adoptive, step or foster father or mother, or an individual who stood in loco parentis to a Covered Servicemember, within the meaning of Section IV.D. of this Policy. g. Son or Daughter of a Covered Servicemember: A Covered Servicemember's biological, adopted, or foster child, step child, legal ward, or child for whom the Covered Servicemember stood in loco parentis, within the meaning of Section IV.D. of this Policy, except that this definition shall apply regardless of the child's age. h. Serious Injury or Illness: i. For a current member of the Armed Forces: An injury or illness incurred by a Covered Servicemember in the line of duty on active duty (or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty or active duty), and that may render the servicemember medically unfit to perform the duties of the servicemember’s office, grade, rank, or rating. ii. For a veteran who is a Covered Servicemember: FMLA-PDL POLICY PAGE 85 OF 42 Page 85 (a) 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 line of duty on active duty) and that manifested itself before or after the member became a veteran; and (b) Is one of the following: (1) A continuation of a Serious Injury or Illness that was incurred or aggravated when the veteran was a member of the Armed Forces and rendered the veteran unable to perform the duties of their office, grade, rank, or rating; or (2) A physical or mental condition for which the veteran has received a U.S. Department of Veteran Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and the VASRD rating is based, in whole or in part, on the condition precipitating the need for the military caregiver leave; or (3) A physical or mental condition that substantially impairs the veteran's ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or (4) An injury, including a psychological injury, on the basis of which the veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. i. Veteran: A person who served in the Armed Forces, and who was discharged or released therefrom under conditions other than dishonorable. 2. Terms of Military Caregiver Leave: An employee may take up to 26 weeks of leave, during a 12-month period, to care for a Covered Servicemember with a Serious Injury or Illness. The 12-month period begins on the first date of the employee’s military caregiver leave. Otherwise, except as set forth in this policy, the City shall FMLA-PDL POLICY PAGE 86 OF 42 Page 86 grant military caregiver leave under the same terms that CFRA and other FMLA leave is granted under Section IV of this policy. 3. Relationship to CFRA and Other FMLA Leave: Leave granted under this Section shall run concurrently with the FMLA and CFRA leave under Section IV, unless the employee is caring for their “next of kin” who is not covered by the CFRA. Leave granted under this Section shall be included in computing the employee’s 12 weeks of leave granted under the FMLA, so that an employee may not, under any circumstances, exceed 26 total weeks of FMLA leave in a rolling 12- month period. 4. Required Certifications: The City will provide the employee with a form to complete that certifies the servicemember’s family relationship, military status, and Serious Injury or Illness. The employee is required to ensure that this form, or an equivalent form containing the information set forth in this section, is completely and sufficiently completed and returned within the same time periods set forth in Section IV.N. of this Policy. If the employee fails to provide a complete and sufficient form, the City will inform the employee of the deficiencies, and grant the employee at least seven calendar days to cure them. a. Certification of Family Relationship and Military Status: The City will require proof of the servicemember’s family relationship to the employee and proof of the servicemember's military status for the employee’s first request of military caregiver leave for a particular illness or injury for a particular servicemember. b. Certification of Serious Illness or Injury: The City will require certification from an Authorized Health Care Provider that the servicemember is suffering from a Serious Illness or Injury. However, the employee will not be required to reveal the servicemember’s diagnosis. i. The Authorized Health Care Provider may base the certification upon their personal determination and/or may certify their reliance upon determination(s) made by an authorized DOD representative or an authorized VA representative. The certification must also include: FMLA-PDL POLICY PAGE 87 OF 42 Page 87 (a) The name, address, appropriate contact information (telephone number, fax number, and/or email address) of the health care provider, the type of medical practice, the medical specialty, and the basis on which employee is an authorized health care provider, as set forth in Section VI.B.1.b, above. (b) The approximate date on which the injury or illness commenced, or was aggravated, and its probable duration. (c) Information sufficient to establish that the Covered Servicemember is in need of care, and addressing the following matters: (1) Whether the need for care is for a single continuous period, and if so, an estimate of the beginning and ending dates, including any time needed for treatment and recovery; (2) Whether there is a medical necessity for periodic care, based on a schedule of planned medical treatment, and if so an estimate of the treatment schedule; (3) Whether there is a medical necessity for periodic care for reasons other than planned medical treatment, such as episodic flare-ups, and if so, an estimate of the frequency and duration of the periodic care. 5. Alternative Certifications: a. Special Automatic Certification: The DOD may issue a special invitation to a member(s) of a servicemember’s family when a DOD health care provider has determined that the injury or illness is serious enough to warrant the immediate presence of a family member at the servicemember’s bedside. If the DOD issues an invitational travel order (“ITO”) or invitational travel authorization (“ITA”) for “medical purposes” to any member(s) of the servicemember’s family (even if the employee’s name is not on it), the ITO or ITA constitutes automatic certification of military FMLA-PDL POLICY PAGE 88 OF 42 Page 88 status and Serious Injury or Illness for the period of time specified in the ITO or ITA for the employee to take leave on either a continuous or intermittent basis, and the City will not require further certification of those matters for the specified period of time. However, in this circumstance, the City may still require proof of the covered family relationship between the employee and the servicemember. The ITO or ITA is in effect for the duration specified on it. If the employee wishes to request leave to care for a Covered Service Member beyond the period of time specified in an ITO or ITA, the employee must submit additional certification in accordance with Section VI.B.3.b., above. b. Documentation of Enrollment in Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers: As another alternative to the certification required under Section VI.B.3.b., the City will accept as sufficient certification documentation of the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers, whether or not the employee is the named caregiver in the enrollment documentation. However, the City may still require proof of the covered family relationship between the employee and the servicemember. The City may also require proof of the servicemember's date of discharge and proof that the servicemember's discharge was other than dishonorable. 6. Authentication and Clarification: The City may seek authentication and clarification of a certification issued under Section VI.B.3.d., or of an ITO or ITA, or of documentation of enrollment in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. 7. Second and Third Opinions: No second or third opinions of the servicemember’s Serious Illness or Injury will be sought from an Authorized Health Care Provider who meets the criterion set forth in V.B.1(a)(i)-(iv); however, when a certification has been completed by an Authorized Health Provider who meets the criteria in V.B.1(a)(v), the City may request a second or third opinion. No second or third opinions will be sought regarding an ITO or ITA for the period of time specified in the ITO or ITA. FMLA-PDL POLICY PAGE 89 OF 42 Page 89 8. Recertification: No recertifications of the servicemember’s Serious Illness or Injury will be sought. 9. Administrative Delays in Issuance of Military Documents: When an employee is unable to submit required documentation within the timeframe required under Section IV.N, despite the employee’s diligent, good faith efforts to obtain such documents, the City will not delay or deny leave on the grounds of such administrative delay. VII. EMPLOYEE RESPONSIBILITIES AND DUTY TO COOPERATE Employees are expected to fully cooperate with the City in meeting the obligations and requirements set forth under this Policy, as well as those set forth in state and federal law. Failure to cooperate with the City or failure to meet the employee’s responsibilities may result in a delay in granting the employee’s leave, a denial of leave, and/or a denial of the protections and benefits afforded by the FMLA, CFRA, and/or PDL. Employees who have questions about their responsibilities under this Policy will direct their inquiries to Human Resources. VIII. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. IX. APPROVED BY THE CITY MANAGER Sergio Gonzalez FMLA-PDL POLICY PAGE 90 OF 42 Page 90 X. ACTION This policy is effective December 5, 2023. Page 91 I. PURPOSE The City of Azusa has installed Global Positioning Systems (GPS) devices on all City-owned vehicles and cameras on some vehicles. The purpose of this Policy is to establish uniform guidelines for the use of the GPS and video systems in vehicles, including the collection, storage and use of the data, and the monitoring of the systems. This policy and the GPS and video systems are not intended to be punitive or used solely to monitor individual employees, although unsafe and unauthorized vehicle usage may lead to disciplinary action. II. POLICY The City’s primary goals for the installation of the GPS and video cameras is for the safety of our employees and to reduce accidents and liability. Vehicle accidents are not only costly to our City, but more importantly, they may result in injury to employees and members of the public. It is the driver’s responsibility to operate the vehicle in a safe manner, compliant with all Federal and State driving regulations, and to drive defensively to prevent injuries and property damage. Operating vehicles safely also helps ensure we minimize operating costs related to fuel, maintenance, and service. Our ultimate goal is to provide quality services in the most efficient manner possible. The City of Azusa has a right to monitor employees’ use of our equipment. and employees should have no expectation of privacy when it comes to the use of City equipment. Tampering with any GPS or video equipment in the vehicle is prohibited and will subject the employee to disciplinary action, up to and including termination. CITY OF AZUSA ADMINISTRATIVE POLICY GLOBAL POSITIONING SYSTEMS (GPS) IN CITY VEHICLES POLICY GLOBAL POSITIONING SYSTEMS (GPS) IN CITY VEHICLES POLICY PAGE 92 OF 6 Page 92 III. APPLICABILITY All City employees who operate a City-owned vehicle. Volunteers are not allowed to operate City vehicles. IV. DEFINITIONS A. Alerts: Alerts are events that occur that are cause for the supervisor or authorized user to be notified. This may include events such as a vehicle in an exclusion zone, leaving inclusion zone, a deployed airbag, or an equipment issue such as a low battery. B. Audio Recording: See Video Systems. C. City Vehicle: Any vehicle owned, leased or rented by the City of Azusa for the express purpose of conducting City business. D. Data Retention: Keeping information for future reference so it can be accessed at a later date and to dispose of information that is no longer needed. E. Data Storage: Storage of data in electronic format. F. Electronic Fleet Tracking Systems: Technology that records and allows monitoring of real-time and historical coordinates of City vehicles, maintenance alerts, vehicle diagnostics, and video. G. Exclusion Zones: Specific geographic locations outside of the employees work area. H. Geo-Fencing: A virtual perimeter for a real-world geographic area. I. Global Positioning System (GPS): The Department of Defense’s satellite navigation system that provides geolocation and time information to a GPS receiver. J. Inclusion Zone: A geographical location where the employee is permitted to be. K. Tampering: The deliberate action to disable, power off, or cause systems to malfunction. L. Video Systems: Device used to digitally record motion pictures. Device can be a standalone device worn by the employee or installed in a forward- facing manner in the vehicle. GLOBAL POSITIONING SYSTEMS (GPS) IN CITY VEHICLES POLICY PAGE 93 OF 6 Page 93 Video Systems include audio recording. Audio recordings are triggered by an event such as a crash, emergency lights being activated or manually by the employee. Audio systems do not record unless triggered or activated. V. MONITORING AND REVIEW A. The City will monitor GPS and video data under the following circumstances: 1. Post-accident or alerts. 2. Complaint initiation (e.g., from a member of the public). 3. Performance monitoring. Supervisors will be required to occasionally monitor their employees’ driving to ensure employees are driving in a safe and judicious manner and in conformance to driving laws. This review shall not be done punitively. 4. Video of incidents recorded by on-vehicle devices and GPS equipment. The City may utilize data collected through an Electronic Fleet Tracking Technology as part of a disciplinary investigation or discipline of its employees pertaining to the issue or abuse of their vehicles, inappropriate use of time, speeding or other misconduct. The City may also use the GPS and video data to facilitate services, troubleshoot problems, detect and protect the City against fraud, error or other criminal activity and enforce the City’s policies. B. The City collects the following data via the GPS, telematics, and video systems: 1. Stops/Starts. 2. Excess Speed. 3. Engine Idling. 4. Deployment of Airbag. 5. Vehicle Location. 6. Harsh Acceleration/Braking/Turning. 7. Digital Video. 8. Audio. Audio is only captured when triggered by an event or activated GLOBAL POSITIONING SYSTEMS (GPS) IN CITY VEHICLES POLICY PAGE 94 OF 6 Page 94 by the employee. (Employees/vehicles with cameras only). C. Only authorized personnel will have access to GPS and video monitoring data. This includes: 1. Employee’s Supervisor 2. Employee’s Department Head 3. Human Resources Manager 4. Information Technology Personnel 5. Investigator hired by the City to conduct an independent investigation. VI. RESPONSIBILITIES A. Data collected using Electronic Fleet Tracking Technology is used by the City to further business purposes. Employees operating City vehicles shall have no expectation of privacy regarding the information that results from such monitoring, B. The City will maintain the data collected for 30 days. Any data not retrieved after 30 days will be deleted. C. The California Public Records Act requires that the City disclose specified public records. In response to requests for such disclosure, it may be necessary to examine Electronic Fleet Tracking Technology records to determine whether they are public records that are subject to disclosure. Additionally, the City may be required to produce information obtained from Electronic Fleet Tracking Technology pursuant to a court order, subpoena, or statute. D. Presence of Electronic Fleet Tracking Technology does not relieve employees of their responsibility to inspect their assigned vehicle before each tour of duty and immediately report any damage or mechanical failure, including damage to the tracking device, to their supervisor. E. Operating Procedures. When the equipment is deployed, departments shall develop operating procedures detailing the parameters of the equipment, including triggering events and disseminate that information to the affected employees. F. Driver: GLOBAL POSITIONING SYSTEMS (GPS) IN CITY VEHICLES POLICY PAGE 95 OF 6 Page 95 1. Reduce idling time to a maximum of 5 minutes per stop. 2. Obey all traffic laws - including wearing a seatbelt and posted speed limits. 3. Drive the most efficient route to destinations. 4. No cell phone use while driving (without hands-free). 5. No aggressive driving (following too close, harsh braking/cornering/acceleration, etc.). 6. Maintain professional image (be professional, maintain clear interior/exterior). 7. Immediately report tickets, accidents and maintenance issues to the supervisor. G. Supervisor/Manager: Supervisors and managers who have access to the data collected from the GPS and video monitoring systems are to keep the information confidential and may not use the information for any other purpose other than those outlined in this policy. Specifically, to: 1. Reduce overall fuel cost through lower idling and aggressive driving. 2. Reduce liability through less accidents and tickets. 3. Improve service through professionalism and efficiency. 4. Protect the safety of employees. 5. Defend the City and employee against claims. 6. Lower maintenance costs through proper preventative maintenance. VII. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. GLOBAL POSITIONING SYSTEMS (GPS) IN CITY VEHICLES POLICY PAGE 96 OF 6 Page 96 VIII. APPROVED BY THE CITY MANAGER Sergio Gonzalez IX. ACTION This policy is effective December 5, 2023. Page 97 I. PURPOSE To improve customer service and security, the City has developed an employee photo identification (ID) badge program. The goal of this program is to provide an extra level of customer service and security by requiring employees to display and/or carry their photo ID badges while they are on duty. These badges will allow the individuals to be quickly identified as City employees. II. POLICY A. The City-issued photo ID badge will contain the employee's photo, name, job title, and department. B. All employees will be required to have their ID badge displayed on their person at all times while on duty, unless the employee is in a City-issued uniform. The ID badge shall be worn face forward in full view, on or over the outermost garment, at or above the waist. Each department will be responsible for ensuring that ID badges are worn or carried, as required. C. Upon approval by the Department Head, an employee may be exempt from wearing a lanyard, pulley, or clip, which may present a safety hazard to the employee due to the nature of his/her/their job and/or if the employee is wearing a City-issued uniform with the City logo and the employee's name. These employees, however, are required to carry their ID badge in order to provide further identification, if necessary. D. ID badges will be issued to new employees upon hire, at their New Employee Orientation or within a reasonable amount of time after the start of their employment. CITY OF AZUSA ADMINISTRATIVE POLICY IDENTIFICATION BADGE POLICY IDENTIFICATION BADGE POLICY PAGE 98 OF 3 Page 98 E. Lost or stolen ID badges should be reported immediately to the Human Resources Office. The Human Resources Office will assist employees in obtaining a replacement ID badge. F. Optional department or City-issued lanyards (around the neck ID badge holders) will be available at no cost for employees through the Human Resources Office. ID badges may also be attached using an ID pulley and/or clip. Employees may opt to wear personal lanyards, pulleys, or clips; however, the style must not depict any offensive materials, slogans or pictures. If necessary, the final determination of what may be considered "offensive" to the City shall be at the discretion of the City Manager. All lanyards worn around the neck should have an emergency break-away clasp to help prevent injuries. G. Photos taken to be used for ID badges are considered part of the employee's electronic personnel file. Identification photos will not be used for any purpose other than employee photo ID badges or security measures. H. All employees, upon separation from the City, are required to return their ID badge to their supervisor or the Human Resources Office. III. APPLICABILITY This Policy applies to City employees. Commissioners and Board Members are not eligible for ID badges. Volunteers may be issued a City ID on a case-by-case basis as approved by the Human Resources Officer. IV. PROCEDURE FOR OBTAINING A PHOTO ID BADGE A. New Employee: New employees will complete an Employee ID Badge Request Form, be photographed, and issued and ID badge at or upon New Employee Orientation (New Employee Orientation typically coincides with the employee's first day of employment). B. Existing Employee: Existing employees with a name or classification change should notify the Human Resources Office with the new classification title or name change and effective date of action. IDENTIFICATION BADGE POLICY PAGE 99 OF 3 Page 99 C.Volunteers, Contractors, etc. (Non-Employees): Generally, non-City employees should not have an ID badge. A volunteer might be issued a badge when working in a City facility or at a City-sponsored event if identification is needed. Badges for volunteers should have an expiration date and be returned to the City when the person is no longer volunteering for the City. Under no circumstances will an ID badge be issued to a contractor or vendor. V.PROCEDURE UPON SEPARATION A.At the employee’s Exit Interview, they will submit their ID Badge to Human Resources. B.In the event the supervisor collects the employee's ID Badge, the supervisor will submit the ID Badge to the Human Resources Office for final processing. VI.DISSEMINATION OF POLICY All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy. VII.APPROVED BY THE CITY MANAGER Sergio Gonzalez VIII. ACTION This policy is effective December 5, 2023. Page 100 I. PURPOSE To establish guidelines, responsibilities, and procedures for the comprehensive use of technology including the use of computers and software, telecommunications equipment, retention of electronic email, information security and procedures, and use of your own device. II. POLICY The Information Technology Appropriate Use (Policy), defines the governing principles for the operation and management of the technology used, administered, and maintained by the City. The objectives of this City policy are to provide clear and concise direction regarding use of the City’s computer and telecommunications system. The City intends to manage its information technology and information assets to maximize their efficient, effective, and secure use in support of the City’s business and its constituents. Employees, Elected and Appointed Officials, volunteers, consultants, or contractors who use the City’s information technology are required to read, understand, and agree to the City’s Information Technology Appropriate Use Policy regarding their responsibilities and conduct related to the protection of the City’s information assets and technology. Employees who violate this Policy may lose access to the telecommunication equipment or will be subject to progressive discipline process up to and including termination of employment. III. APPLICABILITY This Policy applies to all full-time and hourly/part-time City employees, City CITY OF AZUSA ADMINISTRATIVE POLICY INFORMATION TECHNOLOGY APPROPRIATE USE POLICY IT APPROPRIATE USE POLICY PAGE 101 OF 20 Page 101 Officials, and any other individuals (users) authorized to use the City’s computers and telecommunications equipment or services in the course of employment as designated by the Department Head, such as contractors, volunteers and consultants. This policy also covers employee-owned devices, only when they are used in the course of employment, including tablets, laptops, and smart phones. IV. DEFINITIONS A. Telecommunications Equipment: Equipment such as computers, telephones, smartphones, cellular phones, pagers, radios, two-way radios, iPads, tablet computers, or laptop computers or any other equipment identified by the City Manager or designee. B. Negligence: Damage or loss of City equipment and/or property due to the employee’s willful misconduct, or gross negligence. C. City Officials: All elected officials who are serving their term of office including, but not limited to the Mayor and Councilmembers. D. Social Media: Websites and applications that enable users to create and share content or to participate in social networking. E. Computer Resources: All related peripherals, components, disk space, system memory and other items necessary to run computer systems. F. Electronic Mail (Email): The transmission of messages through electronic means in a body or attachment using the City’s network or other information technology. G. Information Assets: Information and data created, developed, processed, or stored by the City that has value to the City’s business or operations. H. Information Technology or Network and Computer Resources: Computer hardware and software, network hardware and software, email, voice mail, video conferencing, facsimile transmission, telephone, remote access services, printers, copiers, and all other printed and electronic media. I. Intranet: The suite of browser-based applications and HTML pages that are available for use only with access to the City’s internal network. J. Internet: The worldwide network of computers connected to each other using the IP protocol and other similar protocols. The Internet enables a IT APPROPRIATE USE POLICY PAGE 102 OF 20 Page 102 variety of information management services, including, but not limited to, email, instant messaging, file transfers, file uploads, file downloads, news, and other services. K. Internet Services: Any service in which its primary means of communication is the Internet. For example, email, web browsing and file transfers. L. Mobile Computing Devices: Mobile devices and Mobile media. Mobile data processing devices are used as business productivity tools. Examples include: laptops, tablets, smart phones (e.g. iPhone, Android), and off-site desktops. Mobile media are devices typically used to transport data. Examples include: flash drives, DVDs, CDs, and external hard drives. M. Network: The linking of multiple computers or computer systems over wired or wireless connections. N. P2P: Peer-to-Peer network. A network where nodes simultaneously function as both clients and servers to other nodes on the network, P2P may be used for a variety of uses, but it is typically used to share files such as audio and video files. O. Protected Health Information: Individually identifiable health information about an individual that relates to the past, present, or future physical or mental health or condition, provision of health care, or payment for health care. P. Security Incident: An event that has an adverse impact on the confidentiality, integrity, and availability of computer systems, computer networks, electronic information assets, or physical information assets. Q. User(s): The City’s departments, commissions, boards, offices, officers, employees, temporary employees, interns, vendors, consultants, contractors, and authorized agents who utilize the City’s information assets and technology. R. California E-Discovery Law - Assembly Bill 5 (Electronic Discovery Act): Requires processes and technologies to be in place related to finding and managing electronically stored information that might be relevant in a foreseeable legal dispute. The law requires the agency to stop any automated or regular purging of relevant electronically stored information at the first notification that a legal dispute may be forthcoming. S. California Electronic Communications Privacy Act (CalECPA) SB 178 - Limits a government entity from being able to search or access IT APPROPRIATE USE POLICY PAGE 103 OF 20 Page 103 information on an electronic device (e.g., smart phone, computer) or electronic information on a network (e.g., email) without a search warrant or court order. T. City-Owned Cell Phone or Device: A cell phone or other device capable of sending or receiving text messages that is provided to an employee by the City for the purposes of performing his or her job duties. U. City Business: Any work, work product, activity or function done by and/or for the City by employees, Officials, consultants, vendors, contractors, volunteers, or Commissioners. V. City Employee: An employee of the City of Azusa and also means, for purposes of this policy only, an elected official, volunteer, intern, or appointee of the City of Azusa, or a person hired by the City through a temporary placement agency to perform work that otherwise would be performed by the employee. W. Text or Text Message: A brief message that is composed and sent between two mobile phones or portable devices such as a computer or tablet. X. Transitory Text Message: A text message meant to communicate non- business activity or information and that does not need to be kept and can be deleted almost immediately. Examples of transitory messages include letting a coworker know you’re running late, asking about the status of a document, or other information that will be officially documented elsewhere. Y. Non-Transitory Text Message: A text message that contains information that is necessary to adequately and properly document the activities and functions of the City, provides documentation of City decisions and commitments reached orally (person-to-person, phone, video, or in conference) or conveys information of value on City activities if the electronic mail message adds to a proper understanding of City operations and responsibilities. V. USE OF TECHNOLOGY AND TELECOMMUNICATIONS EQUIPMENT A. City-issued technology including computers and software, tele- communications equipment, access to the Internet, and web-based services are provided as a tool to make employees more efficient and effective. The provision of telecommunication equipment, services or allowances is not an employee fringe benefit. IT APPROPRIATE USE POLICY PAGE 104 OF 20 Page 104 B. All City-issued or funded technology and telecommunications equipment and services are property of the City, and employees shall use technology and telecommunications equipment and services for City business only. C. Personal use of telecommunications equipment, computer systems, Internet, and email are not permitted. In addition to the traditional telecommunications equipment and services, new equipment and services emerge, and it is impossible to list all of the technologies or services that are, or may become available. Whether enumerated or not, employees are strictly prohibited from using any of these technologies or services for personal use while at work unless authorized by the supervisor and Department Head. D. Acceptable Use of City-Owned Technology and Telecommunication Equipment: Employees who are authorized to use the City’s technology, telephone, two-way radio, cellular telephone, Internet, email, computer and software, and voice mail systems shall use them in the course of performing their duties and responsibilities. These equipment/systems are not to be used in a way that may be disruptive, derogatory, defamatory, obscene, offensive, harmful to morale or otherwise inappropriate or unrelated to City business. Employees must use two- way radios in accordance with the Federal Communication Commission guidelines. The City reserves the right to access and disclose all messages sent and received over its email system. The City may be required, under some circumstances, to disclose communications sent by email under the Public Records Act or litigation. 1. Employees may not download or install any software or app from the Internet, iTunes App Store, or Google Play Store to their City-issued computer, laptop, tablet computer, or smartphone unless authorized by the Department Head and the Information Technology (IT) Department. 2. The City has standardized specific software to run on all City computers and servers. Requests to purchase or install new software or programs must be approved by the IT Department. 3. Employees shall not watch streaming media, listen to Internet radio, access social networking sites (unless job-related), use instant messaging software, play games, or attempt to bypass the City’s content filtering system. 4. Employees are responsible for the content of all text, audio, or IT APPROPRIATE USE POLICY PAGE 105 OF 20 Page 105 images that he/she/they places on or sends over the City’s email or Internet system. Employees who receive unsolicited email messages from other employees or from the outside that appears to violate this Policy should immediately inform their immediate supervisor. In no case shall the employee share the email message with any other employee. 5. Subscriptions to a Listserv (electronic mailing list) shall only be for work-related professional/government organizations and authorized by the supervisor or Department Head. 6. For security reasons, employees shall not connect personal devices to City computers or the City’s computer network. This includes connections via USB port, Ethernet port, or serial port using equipment that is not City-issued. 7. Employees are responsible for completing all security awareness training as provided by the City. 8. Nothing in this policy shall be interpreted so as to supersede or interfere with employees’ rights under the Meyers-Milias-Brown Act (MMBA) to protected concerted activities, including but not limited to Union business. E. Acceptable Use of Other City-Owned Technology and Tele- communication Equipment: The City will issue or make available City- owned telecommunications equipment such as smartphones, cell phones, tablets, or two-way radios to employees who are required to be available at all times to conduct City business or for emergency, or other reasons. Incoming personal calls, emergency notifications, and other calls of minimal duration and frequency (de minimus), which cannot reasonably be made at another time, are permitted. The IT Department may audit an employee’s City-issued telecommunications equipment for conformance to this Policy for a legitimate business reason. Abuse or excessive use beyond the scope of normal business use will be reported to the supervisor and Department Head. User may be responsible for resultant overage charges and may face disciplinary action. 1. Use of Telecommunication Equipment While Driving: Employees must adhere to all federal, state or local rules and regulations regarding the use of technology and telecommunications equipment while driving. Equipment shall not be in use when operating a City vehicle while on a public roadway at any time. Should an employee IT APPROPRIATE USE POLICY PAGE 106 OF 20 Page 106 need to make a business call while driving, they should locate a lawfully designated area to park and make the call or use hands-free technology. 2. Assignment of Telecommunications Equipment (Cellular Phones and Smart Phones): Assignment of City telecommunications equipment shall be based upon the most cost-effective method of accommodating the need for public and employee safety, field communications and delivery of government services. The type of equipment assigned to an employee will vary based upon the function and services the employee performs. Department will be advised by the Director of Information Technology or designee on the most cost-effective equipment for their telecommunication needs. F. Responsibilities. 1. Department Head or Designee: Responsible for budgeting, identifying and authorizing employees and type of equipment to be issued; completing the necessary paperwork; deploying, and reviewing the charges; containing losses; ensuring departmental accountability, personal responsibility and preventing improper use; maintaining a list of employees who have equipment with appropriate information; ensuring employee obtains a copy of this policy; reporting to the appropriate individual problems with the equipment; collecting the equipment upon the employee’s retirement, separation or termination. 2. Employee: Responsible for complying with this Policy; properly using, caring, safeguarding, protecting and securing the assigned City equipment; reporting immediately to the Department Head the loss, theft or need of repair of the equipment; immediately surrendering and returning the equipment upon retirement, separation or upon request of the City Manager, the Department Head, or a designee. Hourly employees are also responsible for ensuring that the use of the equipment conforms to the Fair Labor Standards Act. For example, not accessing and/or answering emails off-duty, unless they have received prior permission to do so. 3. Information Technology Department: (IT Department). Responsible for setting up all computers, email, Internet systems and mobile equipment as determined by the Department Head, tracking and authorizing changes; setting up all telephone communications; IT APPROPRIATE USE POLICY PAGE 107 OF 20 Page 107 coordinating the purchase of necessary telephone equipment; making payments to vendors and coordinating any repairs to City equipment. G. The City reserves the right to monitor the use of City computers, laptops, or mobile devices, including the right to review, audit, and disclose all matters sent over and/or stored in the computer systems, computer networks, fax machines, and electronic mail systems. Monitoring may be performed by observation, aural, mechanical, electronic, or other means. Monitoring may take place on a random basis. Direct monitoring will occur when the City has reasonable belief that an employee is using City property in an unauthorized manner. Despite the existence of passwords, employees should not assume that any electronic communication is private. Highly confidential information or data should be transmitted in other ways. H. Employees who have been issued telecommunications equipment shall not lend their issued equipment to other employees other than for an emergency purpose related to City business or an urgent personal matter. I. Damaged or unserviceable City equipment and/or property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without proper authority and must be reported immediately to the employee’s immediate supervisor. In the event that any City equipment and/or property become damaged or unserviceable, no employee shall attempt to repair the equipment and/or property. J. The use of damaged or unserviceable equipment and/or property should be discontinued as soon as practical and replaced with comparable, serviceable equipment and/or property as soon as available and following notification and approval of the employee’s supervisor. VI. EQUIPMENT A. Request for New or Replacement Telecommunications Equipment. 1. After the Department Head has identified the employee who will receive telecommunications equipment, the Department Head email a request to purchase and/or issue to the Director of Information Technology. 2. Requests will be reviewed and approved by the Director of Information Technology. IT APPROPRIATE USE POLICY PAGE 108 OF 20 Page 108 3. Unusual or non-standard equipment requests must be approved by the City Manager. 4. Upon retirement or separation of employment, the Department Head or designee must collect all equipment issued to the employee and return to the Director of Information Technology. B. Tracking and Monitoring. 1. The IT Department shall review and authorize the timely payment of the telecommunications equipment or service invoices on a monthly basis and report excessive usage to Department Heads. 2. The Director of Information Technology will track all telecommunications equipment. C. Service and Repairs: All broken or damaged equipment must be reported to the Director of Information Technology. D. Reporting Lost or Stolen Telecommunication Equipment. 1. Employee must report the damage, loss or theft to their immediate supervisor. If the equipment was stolen, a police report must be filed immediately with the Azusa Police Department. 2. The immediate supervisor will conduct an investigation, or work in conjunction with the Azusa Police, to investigate the report of theft and complete the “Employee Report of Property Loss or Damage” form. 3. Once a determination is made, the Department Head will determine if employee is eligible for a replacement and/or if the employee is found to be negligent to recommend the appropriate disciplinary action. VII. BRING YOUR OWN DEVICE Mobile devices are a valuable tool in conducting business. It is the City of Azusa’s policy to protect and maintain safety, security, and privacy of our systems while using these tools. City staff may use a personal mobile device for conducting City business only after receiving management approval, provided the mobile device meets the IT Department’s minimum requirements. IT APPROPRIATE USE POLICY PAGE 109 OF 20 Page 109 A. Staff authorized to use personal mobile devices to conduct City business are expected to ensure the security of the City information technology systems. Storing of City information on personal mobile devices or on unapproved Internet or “Cloud”-based services is prohibited. Users are required to delete all City data from personal mobile devices when transitioning to a new personal mobile device, when no longer using the device to support business duties, or when separating from the City. B. Use of Personal Mobile Devices for Conducting City Business: Management approval is required to use a personal mobile device that uses the latest iOS operating system that communicates through cellular data or Wi-Fi to conduct City business. C. Support Services: The IT Department will only provide support related to configuration of device management, remote access, email access, and connectivity to City systems, but not support for the actual device. D. Device Management Controls. 1. The IT department will install or require the user to install management and monitoring software on the device to aid in validating security requirements and troubleshooting City-related issues. This software may not be removed or tampered with while the device is being used for City business. 2. Passwords of at least four characters will be enforced on mobile devices. 3. Mobile devices will be locked requiring password entry after 5 minutes of inactivity. E. Notification of Decommissioning, Loss or Theft. 1. City staff is responsible for immediately contacting the IT Department if a mobile device is lost or stolen. 2. When City staff replaces or upgraded a device, IT staff must be notified to have the decommissioned device removed from the management system and have the new device added. F. Device Wipe: Mobile device users agree to allow IT staff to remove all City-related data from mobile device under the terms of this agreement. G. Revocation of Termination of Mobile device Privileges/Access. 1. City staff who fail to report a mobile device no longer being use for City business, or lost or stolen may have future mobile device IT APPROPRIATE USE POLICY PAGE 110 OF 20 Page 110 privileges revoked. 2. The City may terminate a user’s permission to utilize a personal mobile device for City business at any time. 3. User privileges automatically expire upon separation from employment. 4. Users are required to remove all City data from their mobile device upon suspension of privileges. VIII. TEXT MESSAGES As a general rule, City business should not be conducted via text messaging. The failure to follow this policy may expose the City to damages and attorney’s fees under California’s Public Records Act. A. Texts Regarding City Business are Public Records. Some text messages regarding City business constitute public records that must be retained. Texts that are retained, or texts that exist on a cell phone at the time a public records request is received, may be subject to disclosure under the Public Records Act. This applies whether text messages regarding City business are sent or received on a City-owned or personally-owned cell phone or device. 1. City-Owned Cell Phone or Device. Employees have no right to privacy in City-owned cell phones or devices. After receipt of a public records request, and upon request of the City, an employee will be required to provide their City-owned cell phone or device to the City for inspection, and all information on the cell phone or device is subject to City review. Personal text messages that do not relate to City business, are not a public record, and need not be retained on a City-owned cell phone or device. However, the fact that personal texts are sent or received on a City-owned cell phone or device is a matter of public record. If personal text messages exist on a City-owned cell phone or device at the time the City receives a public records request, those messages must be retained until the City responds to the request. The content of those personal text messages may be reviewed by City staff in making a disclosure decision. 2. Personally-Owned Cell Phone or Device. IT APPROPRIATE USE POLICY PAGE 111 OF 20 Page 111 Personal cell phones and devices are the private property of City employees. Personal text messages do not relate to City business, are not a public record, and need not be retained on a personally- owned cell phone or device. However, text messages sent using a personal cell phone or device that pertain to City business are public records. While the City may not be permitted to inspect an employee’s personal cell phone or device without the employee’s consent, an employee who uses their personal cell phone or device to send or receive text messages related to City business is required to follow this policy, and shall be required to produce, transcribe, or note in another document texts relating to City business in accordance with this policy. City employees are also required to cooperate with the City and provide their fullest assistance in fulfilling the City’s duties and obligations under the Public Records Act. B. Transitory Texts and Non-Transitory Texts. Text messages regarding City business are of two types: (1) transitory texts; and (2) non-transitory texts. In accordance with this policy, transitory texts may be deleted by the user once the texts have served their purpose. On the other hand, non-transitory texts may not be deleted from a cell phone or device until they have been produced, transcribed, or retained in some other manner. 1. Texting should be limited to transitory texts. An employee should limit their texting regarding City business to transitory texts that can be deleted once the message serves its purpose. In the event communications that are more than transitory are necessary, such communications should occur in person, by telephone, by email, or by memorandum, but not by text. Using this approach will avoid complications with archiving and producing texts for the purposes of responding to public records requests. 2. A PRA or subpoena request is submitted that may include within its scope text messages transmitted on either a City-owned or a personally-owned cell phone or device, the employee, once put on notice of the request, shall not delete any text messages from the cell phone or device, even if such text is transitory or personal. In this case, the employee must work with the City Clerk to produce the requested public records or other necessary response. In the event a records request is submitted that may include within its IT APPROPRIATE USE POLICY PAGE 112 OF 20 Page 112 scope text messages transmitted on a personally-owned cell phone or device, the employee shall cause the text messages related to City business to be produced in accordance with this policy, if the employee has not already done so. Additionally, the employee may be asked to describe the following to the City Clerk Department, upon request of the City Clerk: a. A detailed description of the search method used to search the personally-owned cell phone or device for responsive public records. b. An indication of whether any responsive records were located. c. If no responsive records were found, an explanation of why. d. If records were found on the cell phone or device that are within the scope of the request but are personal to the employee and not related to City business, the employee must provide specific and detailed facts that support the personal nature of those texts. 3. If responsive public records are found during the employee’s search of their personal cell phone or device, the employee shall produce those public records as this policy provides. The employee may choose to comply with this policy by providing their personal cell phone to an authorized City employee to conduct the necessary search. Nothing in this policy requires the employee to allow such an inspection, and no adverse action may be taken against an employee if they choose not to produce their personal cell phone and instead complies as otherwise provided for within this policy. C. Non-Transitory Texts: Employees should not send non-transitory texts relating to City business through a cell phone or device. Rather, an employee should limit their texting regarding City business to transitory texts that can be deleted once the message serves its purpose. In the event a person sends or receives a non-transitory text, it shall be produced in accordance with this policy. D. Reproducing Text Messages: There are three instances in which an employee is required to produce a text message: 1. When the text message is non-transitory and must be retained; 2. When a supervisor orders the employee to produce the text message; or 3. When the text message is maintained on a cell phone or device and IT APPROPRIATE USE POLICY PAGE 113 OF 20 Page 113 the employee is notified of the existence of a public records request for the text message. IX. EMAIL USAGE The IT Department performs an electronic back up of the City’s email system each evening. The backup is a “snap shot” of the data contained in the City’s email server at the end of each business day. However, the backup is not a copy of all City email activity that occurred on the City email server that day. A. Proper Email Usage. 1. City email access is controlled through individual accounts and passwords. It is the responsibility of every email user to protect the confidentiality of his or her account and password information. 2. Public or ‘free’ wireless hotspots or Wi-Fi connections such as those available in coffee shops or malls are susceptible to potential threats such as hackers and shall not be used to access City email or connect to the City’s remote server using smartphones, iPads, tablets, or laptops. Trusted home/work network connections or data plans through a cellular company is the permitted method of connection. 3. Email users are expected to remember that email sent from City email accounts is a representation of the City. All email users must use normal standards of professional and personal courtesy and conduct when drafting email messages. Email messages should be drafted with the same care and in the same manner as any communication printed on City letterhead. Like any other City communication, email is a reflection of the City’s business practices. 4. Use of an employee’s personal email address to conduct City business is strictly prohibited. If done, those personal emails may be subject to PRA laws and a subpoena. 5. All messages transmitted over the email system should be limited to those that involve City business activities or contain information essential to City employees for the accomplishment of City-related tasks. Accordingly, the City does not intend for its email system to be used a forum for speech, or to be used to advocate individual policies unrelated to the City. Use of the City’s email system for personal communication is discouraged. Use of the City’s email system is generally permitted for City business only. “Spam” email can be harmful to the City’s computer system. Spam email is electronic junk IT APPROPRIATE USE POLICY PAGE 114 OF 20 Page 114 mail, usually unsolicited commercial and non-commercial messages transmitted as a mass mailing to a number of recipients. If an email message does not pertain to City business, it should be deleted from your email account and not forwarded. Examples include jokes, thoughts for the day, “chain” type email messages, forwarded personal messages, etc. B. Prohibited Uses of the City’s Email System: Following types of email messages that are prohibited from being transmitted to or from the City’s email system: 1. Use of personal email address to conduct City business. 2. Messages in support or opposition to campaigns for candidates for an elected office or a ballot measure. 3. Messages of a religious nature, promoting, or opposing religious beliefs. 4. Messages containing language that is disruptive, insulting, offensive, disrespectful, demeaning, or sexually suggestive. 5. Messages containing harassment of any form, slurs, obscenities, or any representation of obscenities. 6. Email shall not be used to send or receive copyrighted material, propriety financial information data or similar materials that may be contrary to law or City policy. 7. Email users are prohibited from entering into any contracts or agreements on behalf of the City of Azusa through email, unless otherwise approved by the City. 8. Email shall not be used for gambling or any activity that is violation of local, state, or federal law. C. Email Retention. 1. Active/Current Employees: All emails will be archived for two years from the date of the email, unless a litigation hold has been placed on the or other extenuating circumstances approved by the City Manager. 2. Separated Employees: All email accounts will be retained for ninety (90) days following separation, at which time the email account will be deactivated, unless a litigation hold has been placed on the communication or other extenuating circumstances approved by the IT APPROPRIATE USE POLICY PAGE 115 OF 20 Page 115 City Manager or Human Resources Office. D. Email Privacy. 1. No Expectation of Privacy: The City’s computers and email system are the property of the City of Azusa and are provided for business purposes, users shall have no right or expectation of privacy or confidentiality in any email message created, sent, received, deleted, or stored using the City’s email system, irrespective of subject matter. All email messages and any attachments on the City’s computer network are the property of the City of Azusa and may be accessed by authorized personnel, without notice. City email communications may be monitored as allowed by the Electronic Communications Privacy Act, the Federal Stored Wire and Electronic Communications Act, and applicable federal or state laws. Most communications among City employees are not confidential communications. However, certain communications such as police investigations, personnel records, or attorney-client communications may be confidential or contain confidential information. Questions about whether communications are confidential, and how they are to be preserved, should be discussed with the employee’s Department Head, the City Attorney, or the City Clerk. 2. No Email “Snooping”: It is a violation of this City policy for an employee, including IT staff, to use the email system in an improper manner, such as for the purposes of satisfying idle curiosity about the affairs of others. Abuse of authority by improperly accessing email is prohibited. Employees found to have engaged in such "snooping" may be subject to disciplinary action consistent with City policies. 3. Email Access Must Be Private: Notwithstanding the City’s right to have authorized personnel access email messages, all email messages should be treated as confidential by other City employees and accessed only by the intended recipient. Employees are not authorized to retrieve or read any email messages that are not sent to them. Any exceptions must receive prior approval by a designated IT staff member, Human Resources Manager or the City Manager. 4. Use Caution with Confidential Information: Employees must exercise a greater degree of caution in sending confidential information or personally identifiable information such as social security numbers or bank account numbers on the City email system than they take with other media because of the risk that such information may be copied IT APPROPRIATE USE POLICY PAGE 116 OF 20 Page 116 and/or retransmitted. When in doubt, DO NOT USE EMAIL as a means of communication. Furthermore, the use of passwords for security does not guarantee confidentiality. X. RECORDS RETENTION AND DISCLOSURE EMAIL Email generates correspondence and other documentation, which may be recognized as Official City Records in need of protection/retention in accordance with the California Public Records Act (Government Code 6250-6276.48) and other records retention laws. A. Email as Official City Records. 1. The City email system is a tool used for the temporary transport of communication, and as a method to send or receive correspondence. If an email message, including any attachments, can be considered an Official City Record, as defined by this Policy (“any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics”), such emails should be retained and maintained in accordance with the City’s Records Retention Policy. Generally, the sender of the email should be the person responsible for retaining it accordingly, but persons responsible for a particular program or project file shall be responsible for retaining all email messages they send or receive related to that program or project. 2. Email messages shall be kept, either electronically in the City’s document management system or printed in hard copy, when retention is required by law or where retention would serve a useful purpose for the City. Employees should consult with the City Clerk Department staff members for details and the City’s records retention policy for the appropriate procedures and legal requirements. B. Deleting Email: City emails that are more than thirty (30) days old in the “Deleted Items” folder shall be deleted for all City email users. C. Preserving Email – Public Records Act Requests and Subpoenas: The City receives requests for inspection or production of documents pursuant to the Public Records Act, as well as demands by subpoena, litigation disclosure/discovery demand, and/or court order for such documents. In the event such a request or demand includes email, the employees having control over such email, once the City becomes aware IT APPROPRIATE USE POLICY PAGE 117 OF 20 Page 117 of the request or demand, shall preserve any email which is in existence until it is determined whether such email is subject to preservation, public inspection or disclosure. The City Clerk shall be contacted regarding any such emails within the employee’s control. D. Preserving Email – Claims and Potential Claims Against the City: Any email messages that relate to a claim, a potential claim a lawsuit filed against the City, even if a subpoena or court order for such email messages has not yet been issued, must be retained. When City employees become aware of a potential claim, an actual claim, or a lawsuit against the City, they must preserve any email messages and attachments that have any information relevant to that matter. XI. INFORMATION SECURITY The IT Department is responsible for overall security of information assets and technology at the City. The Director of Information Technology may delegate specific responsibilities related to information security to others within the City, based on their job function. A. Shared Login: Shared login to computers that have access to specialized financial peripherals such as check processing equipment is prohibited. The department director or manager shall notify IT staff of specific computers that sharing is prohibited B. Password Use: 1. All email, network, domain accounts must be password protected. 2. All new accounts will be created with a temporary password. The temporary password must be changed upon first use. 3. Mobile devices must be password protected. 4. Passwords used on the City’s systems and on non-City systems that are authorized for use must have the following characteristics: a. Passwords must be a minimum of 8 characters in length. b. Passwords must contain both alphabetic and numeric characters. c. Passwords must not be the same as the username. d. Passwords must not contain proper names or words taken from a dictionary. IT APPROPRIATE USE POLICY PAGE 118 OF 20 Page 118 e. Passwords must be changed at minimum every 90 days. f. Passwords must not be disclosed to anyone. All passwords are to be treated as confidential information. C. Screen Savers: Use of password-protected screen savers is recommended to prohibit unauthorized system access. Screen savers should initiate after 15 minutes of inactivity. Password-protected screen savers are also required on workstations that access internal information if the workstation is not in an area that has restricted access. D. Mobile Computing and Remote Access. 1. Remote access is provided by the City as an information conduit to assist in the accomplishment of municipal duties and goals. Any other use is strictly prohibited. Requests for remote access must have a valid business reason and be approved by the Department Director. 2. All remote access connections must be through a secure, centrally administered point of entry approved by the City. Authorized remote access connections must be properly configured and secured according to City-approved standards including the City’s password policy. All remote desktop protocol implementations must be authorized by the Department of Technology. Remote access through unapproved entry points will be terminated when discovered. 3. The City will not be responsible for maintenance, repair, upgrades or other support of non-City-owned computer equipment used to access the City’s network and computer resources through remote access services. E. Information Security Incident Management. 1. Violations of the City’s Information Security Policy or any or all parts or provisions of this Policy must be reported to the IT Department. 2. Users must ensure that IT staff is notified immediately whenever a security incident occurs. Examples of security incidents include a virus outbreak, defacement of a website, interception of email, blocking of firewall ports, and theft of physical files or documents. 3. All reports of alleged violations of this Policy, or any part or provision hereof, will be investigated by the appropriate authority. During the course of an investigation, access privileges may be suspended. IT APPROPRIATE USE POLICY PAGE 119 OF 20 Page 119 XII.APPENDIX Employee Report of Property Loss Or Damage XIII. DISSEMINATION OF POLICY All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy. XIV.APPROVED BY THE CITY MANAGER Sergio Gonzalez XV. ACTION This policy is effective December 5, 2023. EMPLOYEE REPORT OF PROPERTY LOSS OR DAMAGE Employees should complete this form and file a police report in the jurisdic�on in which the property damage or loss occurred for all City issued property that is lost, stolen or damaged. Completed form should be emailed to HRTeam@AzusaCA.gov. EMPLOYEE NAME: CLASS TITLE: DEPARTMENT: WORK PHONE NUMBER: ADDRESS OF WHERE LOSS OR DAMAGE OCCURRED: DATE OF INCIDENT: TIME: AM PM DESCRIBE THE PROPERTY LOSS OR DAMAGE: DESCRIBE HOW THE PROPERTY WAS LOST OR DAMAGED: POLICE REPORT FILED WITH: DR NUMBER: DATE HR NOTIFIED: SUPERVISOR’S INVESTIGATION: EMPLOYEE’S SIGNATURE SUPERVISOR'S SIGNATURE HR NOTES: DATE: DATE: SIGNATURE OF HR REP: DATE: Page 217 Page 218 I. PURPOSE The purpose of this policy is to establish guidelines and procedures for employees who need to express breastmilk at work. II. POLICY California law requires employers to provide employees who need to express milk with a space in close proximity to the employee’s work area that is shielded from view and free from intrusion while the employee is lactating. The time spent expressing milk runs concurrent with an employee’s regular break time. However, if the time spent expressing milk runs longer than an employee’s break, they shall still be considered on a paid break. III. APPLICABILITY This policy applies to all employees. IV. PROCEDURES AND RESPONSIBILITIES A. An employee wishing a lactation accommodation shall notify the Human Resources Office. B. The Human Resources Office will provide access to a designated lactation space. The space shall: 1. Be safe and free of toxic and hazardous materials. 2. Contain a surface where the employee can place a breast pump and CITY OF AZUSA ADMINISTRATIVE POLICY LACTATION ACCOMMODATION POLICY LACTATION ACCOMMODATION POLICY PAGE 219 OF 3 Page 219 personal items. 3. Contain a place to sit. 4. Provide access to electricity or alternative devices needed to operate an electric or battery-powered breast pump. C. The designated area will also have access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the employee’s workspace. D. The lactation space provided to employees to express milk may not be a bathroom. E. A reasonable break time to express milk will be provided. The lactation break time shall run concurrent with the employee’s regular break time and shall be considered paid work time. F. The Human Resources Office will provide a response to the lactation accommodation request within 24 hours. G. The employee has the right to file a complaint with the Labor Commissioner if no accommodations are available. V. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. VI. APPROVED BY THE CITY MANAGER Sergio Gonzalez LACTATION ACCOMMODATION POLICY PAGE 220 OF 3 Page 220 VII. ACTION This policy is effective December 5, 2023. Page 221 I. PURPOSE The City of Azusa strives to provide a safe and healthy work environment and is committed to returning employees to work, as appropriate, from a work-related injury or illness. Administering a policy on modified duty provides benefits to both the injured worker and the City. II. POLICY The City of Azusa provides a modified duty program for all employees who sustain a workplace injury or illness. The City will provide modified duty assignments, as available, to an employee with an approved workers’ compensation claim, once they have been released to temporary modified work by a licensed medical professional. Placement into a modified duty position is on a temporary basis and will not become permanent. Modified duty is not guaranteed and may be altered, or ended, at any time, even if the employee’s physician has not released them to regular duty. An employee working on a modified duty assignment is to abide by the restrictions imposed by their treating physician and should not exceed those restrictions until released by the doctor. It is also the employee’s responsibility to immediately inform their supervisor and Human Resources of any changes made to their work restrictions while working a modified duty assignment. If a modified duty assignment is offered by the City, an employee’s refusal to accept the offer of modified duty will affect the employee’s right to Workers’ Compensation benefits. However, if the employee’s injury or illness qualifies as a serious health condition for purposes of the Family and Medical Leave Act, such refusal to accept modified duty will not impact the employee’s rights under the Act. CITY OF AZUSA ADMINISTRATIVE POLICY MODIFIED DUTY POLICY MODIFIED DUTY ASSIGNMENT POLICY PAGE 222 OF 4 Page 222 If an employee is injured outside of work and wishes to request a reasonable accommodation, they may refer to the Reasonable Accommodations Policy. III. APPLICABILITY This policy applies to all permanent, temporary, and part-time employees. IV. DEFINITIONS A. Injured Worker: An employee who initiates a workers’ compensation claim pursuant to the State of California and the City of Azusa’s injury reporting requirements. B. Temporary Modified Duty: A work capacity given to an injured worker by their treating physician stating that the employee is not capable of performing their regular job duties, but is capable of working in a modified capacity within their normal job classification. C. Modified Duty Assignment: The temporary modification of an employee’s regular duties to accommodate an injured worker’s work restrictions. D. Modified Duty Coordinator: Person in Human Resources Office assigned to coordinator City-wide modified duty assignments. E. Modified Duty Assignment: Modified duty assignments under this policy are specially created temporary job assignments for employees injured or otherwise incapacitated. Such modified duty assignments are temporary assignments only, are not vacant or permanent positions within the City’s workforce, and are not available to employees on a permanent basis under any circumstances. The availability of such modified duty assignments depends on the employee’s restrictions and the business needs of the City. The existence of this modified duty policy does not in any way guarantee that modified duty will be available at any given time, or for any particular employee who requests it. F. Regular Duty: A work capacity given to an injured worker by their treating physician stating that the injured worker is capable of returning to work without restrictions or modifications to their normal job classification. G. Permanent and Stationary: The medical state in which an employee’s work restrictions, as determined by a physician, become permanent and MODIFIED DUTY ASSIGNMENT POLICY PAGE 223 OF 4 Page 223 no further improvement is anticipated. V. PROCEDURES A. An injured employee should immediately notify their supervisor and Human Resources once their treating physician has released them to any type of modified or restricted work. B. The employee must provide a signed, written copy of the modifications/restrictions given to them by the treating physician. C. The Modified Duty Coordinator will coordinate with the employee’s supervisor to determine if the employee’s regular position can temporarily be modified to accommodate the injured worker’s work restrictions. D. If a modified duty position is not available in the employee’s section, the Modified Duty Coordinator will coordinate with the employee’s supervisor to determine if modified duty assignment is available in another section or job site. If such a position exists, the employee will be contacted and expected to return to work on the next scheduled business day. Under no such circumstance should an employee work outside their prescribed restrictions until cleared to do so by their treating physician. E. Supervisors should monitor the tasks being completed by an employee working temporary modified duty to ensure that the employee is working within their prescribed restrictions. F. If a modified duty assignment is not available in the employing department, the Modified Duty Coordinator will search City-wide for a modified duty assignment for the injured worker. G. If a modified duty assignment is not available City-wide, the employee will be continued on their Workers’ Compensation leave. Should a modified duty assignment become available prior to a change in the employee’s work capacity, the employee will be notified by either their supervisor or Human Resources, and would be expected to return to work on the next business day. VI. MODIFIED DUTY ASSIGNMENT GUIDELINES A. Employees in a modified duty assignment may report to a different MODIFIED DUTY ASSIGNMENT POLICY PAGE 224 OF 4 Page 224 assignment, location, supervisor, or department. B.A modified duty employee may be assigned to a different work shift; however, the employee will not lose any skill pays associated with shift work. C.Employees in a modified duty assignment will receive their regular pay for the assignment. If the employee is working a modified duty assignment in another department, the employee’s original department will be responsible for the employee’s wages. D.Modified duty assignments last a maximum of 90 days. After 90 days, if the employee still has work restrictions, they will be rotated to a different modified duty assignment. E.An employee can participate in the modified duty program for a maximum of one year. If the employee still has work restrictions after one year, they will be placed on Workers’ Compensation Leave. F.Once an employee becomes permanent and stationary, they are no longer eligible for a modified duty assignment in accordance with this policy. VII.DISSEMINATION OF POLICY All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy. VIII. APPROVED BY THE CITY MANAGER Sergio Gonzalez IX. ACTION This policy is effective December 5, 2023. Page 225 I. PURPOSE To set forth guidelines to ensure that employees are not involved in any outside employment or activity that will affect the quality or quantity of their work at the City of Azusa, create a conflict of interest, or create an appearance of impropriety. II. POLICY It is the policy of the City of Azusa that outside employment of City employees shall fully comply with the California Government Code §1126. A City employee shall not engage in any employment, enterprise, or outside activity which is in conflict with the duties, functions, responsibilities, or the department by which the employee serves, nor shall the employee engage in any compensatory outside activity which will directly, or indirectly, contribute to the lessening of the employee's effectiveness. The employee's position with the City is of priority consideration in making a determination as to the consistency or inconsistency of outside activities. The Department Head shall determine that the collateral employment: A. Shall not be inconsistent, incompatible, in conflict with, or inimical to the employee’s municipal duties or with the duties, functions or responsibilities of the employee’s Department Head, City Manager or the City as a whole. B. Shall not involve the use for private profit, gain or advantage (including the solicitation or acceptance of business or employment) of the City time, facilities, equipment and supplies; or the badge, uniform prestige or influence of the employee’s department or position in the City. CITY OF AZUSA ADMINISTRATIVE POLICY OUTSIDE EMPLOYMENT POLICY OUTSIDE EMPLOYMENT POLICY PAGE 226 OF 5 Page 226 C. Shall not involve the receipt of additional compensation or other consideration for performance of duties which the employee is required or expected to perform in the regular course of business of the employee’s City employment or as a part of the employees assigned City duties and/or for which City compensation is provided. D. Shall not in any part be subject directly or indirectly to the control, inspection, review, audit or enforcement of any City of Azusa officer or employee or the City as a whole without the prior written authorization of the involved Department Head(s), Director of Administrative Services and the City Manager. E. Shall not interfere with the efficient performance of the employee’s duties as a City employee. F. Shall not occur during employee’s regular or assigned working hours for the City unless, during the entire day or shift on which such employment occurs, the employee is on vacation, holiday or personal leave, compensatory leave or leave of absence subject to the notification and authorization requirements specified in the Personnel Rules and Regulations. G. Shall not use any City resources. H. Shall not be authorized if the employee is off work for either an industrial or non-industrial injury without the express written consent of the Director of Administrative Services. III. APPLICABILITY This policy applies to all Full-Time, Part-Time, Temporary and Seasonal Employees. IV. PROCEDURE AND RESPONSIBILITIES A. An " Outside Employment Request” Form must be completed and approved submitted to the Department Head through the proper chain of command prior to commencing outside employment. B. The form shall have such information as is needed by the Department Head to make a determination pursuant to this section, including the name OUTSIDE EMPLOYMENT POLICY PAGE 227 OF 5 Page 227 of the employer, the work to be performed and the number of hours the employee will work on a weekly basis. The Department Head may make restrictions on outside employment consistent with the operation of the department. C. A copy of the "Outside Employment Request” Form shall be forwarded by the Department Head to the Human Resources Office for processing and to be filed in the employee's personnel file. D. The Human Resources Office shall notify the employee in writing of the final decision within five (5) working days after receiving a request for such approval from the City employee, including the justification for disapproval. E. An employee who is denied an opportunity for outside employment may file a request for review in writing within five (5) working days to the Director of Administrative Services. F. Upon notification of the request for review, the Director of Administrative Services shall meet with the employee, the employee's supervisor and/or Department Head as necessary for review of the documentation. G. The Director of Administrative Services shall make the final determination to approve or disapprove the request for outside employment within five (5) working days. H. Outside employment shall cease when, in the opinion of the Department Head, the outside work is interfering with the performance of the employee's City job, or if the employment appears to generate a conflict of interest. I. All Outside Employment Request Forms shall be renewed annually on January 1st. Any failure to have the Outside Employment Request Form renewed shall mean that the employee no longer has permission to perform the outside employment. J. Any violation of the provisions herein contained respecting outside employment or activity and use of property shall constitute sufficient grounds for disciplinary action, up to and including termination of employment. OUTSIDE EMPLOYMENT POLICY PAGE 228 OF 5 Page 228 V. LIMITATIONS A. Full-Time Employees: A full-time employee is strongly encouraged to work no more than 20 hours per week, unless they are off work on vacation/personal leave to ensure that the work being performed is safe and efficient. B. Seasonal, Temporary, Part-Time Employees: Seasonal, Temporary, Part- Time Employees are strongly encouraged to work no more than 40 hours per week, unless they are off work on vacation/personal leave to ensure that the work being performed is safe and efficient. C. Injured Workers: An employee who is off work or in a modified duty position due to either an on-the-job or off-the-job injury may not engage in outside employment unless the express written consent is provided by the Director of Administrative Services. D. Excessive Absenteeism: If the employee has an attendance problem their approval for outside/collateral employment may be denied or revoked. VI. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. VII. APPENDIX Outside Employment Request Form VIII. APPROVED BY THE CITY MANAGER Sergio Gonzalez OUTSIDE EMPLOYMENT POLICY PAGE 229 OF 5 Page 229 IX. ACTION This policy is effective December 5, 2023. CITY OF AZUSA, RULES OF THE CIVIL SERVICE SYSTEM 8. OUTSIDE EMPLOYMENT A City employee shall not engage in any outside employment that is detrimental to, or in conflict with his or her duties or service within the City. Employees shall be subject to appropriate departmental policies and procedures affecting outside employment. The City Manager and department heads shall have the right to promulgate policies and procedures affecting his or her department’s employees with regard to this policy. The department head shall have the authority to determine if an employment conflict exists. His or her determination may be appealed by the employee to the Personnel Board. CITY OF AZUSA OUTSIDE EMPLOYMENT REQUEST Employees of the City may engage in employment outside the City provided, that they disclose such employment and receive written approval from their immediate supervisor. Employee Name: Dept/Div: Outside Employer/Business Name Address Telephone City Zip Type of work to be performed Hours of work Date outside employment begins Estimated length of time for outside employment Outside employment may be revoked when in the opinion of the Department there has been a decline in performance to a level below the expectations for the City position held. Also, when off on a work related illness or injury the employee must receive approval from their supervisor, in writing, before continuing the outside employment. Employee Signature: Date: Approved □ Disapproved □ Department Head Signature: Date: The hiring department shall make 3 copies and distribute as follows: Copy: Employee Department Human Resources Risk management/WC/Outside Employment document Page 230 Page 231 I. PURPOSE The purpose of this policy is to provide uniform and consistent procedures for evaluating City of Azusa employees. II. POLICY It is the policy of the City of Azusa to provide all regular and probationary employees with an evaluation of their performance. The City shall employ PERFORM (Neogov), an electronic performance management platform, in order to do so. III. APPLICABLITY This policy applies to all current employees. IV. DEFINITIONS A. Regular Employee: An employee who has passed their probationary period for the classification in which the employee is employed. B. Probationary Employee: The initial six-month period (twelve-month period for Police Department personnel) in which an employee is being evaluated as to their skills, knowledge and ability to do the job, for either an initial appointment or promotional. C. Annual Evaluation: Evaluation issued annually following the initial probationary period. CITY OF AZUSA ADMINISTRATIVE POLICY PERFORMANCE EVALUTIONS POLICY PERFORMANCE EVALUATIONS POLICY PAGE 232 OF 5 Page 232 D. Anniversary Date: Six (6) months after the initial probationary appointment date, adjusted for any unpaid absences, i.e., if an employee was appointed on January 1st, their Anniversary Date would be July 1st. Any unpaid absences shall extend the Anniversary Date on a day-for-day basis. The Anniversary Date for Police Personnel shall be twelve (12) months following the appointment, adjusted for any unpaid absences. V. PROCEDURE A. Probationary Evaluation: Non-Police Department Employees 1. When an employee is appointed or promoted to a new classification, they shall serve a six-month probationary period. A probationary employee shall receive a probationary evaluation at the end of the third month of the probationary period and right before the end of the probationary period. 2. Any absences in the probationary period shall extend the probationary period on a day-for-day basis. 3. The probationary period can be extended by the supervisor, with the approval of the Department Head and Human Resources, if an employee fails to satisfactorily meet the requirements of their classification. An additional probationary evaluation will be required prior to the end of the probationary extension. B. Probationary Evaluation: Police Department Employees 1. When a Police Department employee is appointed or promoted to a higher classification in the sworn series, they shall serve a twelve- month probationary period. A Probationary employee shall receive a probationary evaluation in the third, sixth and eleventh month of the probationary period. 2. Any absences in the probationary period shall extend the probationary period on a day-for-day basis. 3. The probationary period can be extended by the supervisor, with the approval of the Police Chief and Human Resources, if an employee fails to satisfactorily meet the requirements of their classification. An additional probationary evaluation will be required prior to the end of the probationary extension. PERFORMANCE EVALUATIONS POLICY PAGE 233 OF 5 Page 233 C. Non-Probationary/Annual Evaluation 1. Every full-time employee shall receive an annual evaluation within 30 days of their anniversary date. 2. Every part-time employee shall receive regular evaluations per the “Part-Time Terms and Conditions of Employment”. Employees are eligible for the first performance evaluation after completion of 1,040 hours of service. Subsequently, employees are then eligible for evaluation after completion of an additional 2,080 hours of service. 3. Employees shall have the option of conducting an “Employee Self- Evaluation” prior to the completion of their annual evaluation. The purpose of this tool is solely for the employee to make notes of accomplishments that may assist the evaluator in completing the performance evaluation. D. Evaluation Rating Scale 1. An employee’s supervisor shall provide qualitative comments on all numerical ratings below: a. For employees in a Supervisory role: i. Job Skills (20% of overall score) ii. Customer Service (20% of overall score) iii. Work Relationships (20% of overall score) iv. Work Habits/Approach Towards Work (20% of overall score) v. Supervisory/Leadership Skills (20% of overall Score) b. For employees in a Non-Supervisory role: i. Job Skills (25% of overall score) ii. Customer Service (25% of overall score) iii. Work Relationships (25% of overall score) iv. Work Habits/Approach Towards Work (25% of overall score) 2. Should an employee’s overall score total less than 70.0%, the following corrective actions may be taken: Performance Improvement Plan; denial of merit step; extension of performance evaluation period. PERFORMANCE EVALUATIONS POLICY PAGE 234 OF 5 Page 234 3. Supervisors shall include three (3) to six (6) qualitative, attainable, future goals that are specific and measurable for the employee to accomplish in the next rating period. E. Employee Evaluation Acknowledgement & Appeal Process 1. Employees shall acknowledge receipt of their evaluation through PERFORM. 2. An employee will have an opportunity to provide comments/rebuttal. If no comments/rebuttal are provided by the employee after eight (8) business days, the evaluation will be submitted to Human Resources as is. 3. An employee may meet with their Department Head to discuss their evaluation and comments/rebuttal. If no meeting is requested within four (4) business days following the comment period or the issuance of the evaluation, whichever is later, the evaluation will be routed to Human Resources as is. 4. The evaluation and comments/rebuttal are routed to Human Resources for review. 5. Human Resources shall have 30 business days to respond to the employee’s comments/rebuttal. Human Resources may modify the evaluation based on an investigation or may elect to leave the evaluation as written. The decision of the Director of Administrative Services, or their designee, shall be final. 6. The evaluations are then provided to the Personnel Board for review and approval in accordance with the Rules of the Civil Service System. VI. DISSEMINATION OF POLICY All employees shall receive a copy of this policy upon its adoption and subsequently when they are hired. The policy may be updated from time-to-time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. PERFORMANCE EVALUATIONS POLICY PAGE 235 OF 5 Page 235 VII.APPROVED BY THE CITY MANAGER Sergio Gonzalez VIII. ACTION This Policy is effective December 5, 2023. Page 236 I. PURPOSE This policy provides general guidelines and clarification for providing reference checks for current and former employees of the City of Azusa. II. POLICY There is no legal requirement for an employer to provide a reference for a current or past employee. However, there is an expectation that employers will provide references and it is the City’s policy to provide references on request. A refusal to provide a reference may be unhelpful to other employers and is likely to be interpreted as an indication that there was a problem with the individual, which might then disadvantage them. Therefore, it is the City’s normal policy to provide references on request unless there is a good reason not to do so. III. APPLICABILITY This policy applies to all current and former employees. IV. PROCEDURES Employment references for former or current faculty and staff can provide prospective employers with useful information about a job candidate’s competitiveness for a vacancy. In keeping with California Statutes, truthful reference information can be provided without fear of liability if the information is factual and without malicious intent or discrimination if provided about former or current employees to a prospective employer at the prospective employer’s CITY OF AZUSA ADMINISTRATIVE POLICY REFERENCE POLICY REFERENCE POLICY PAGE 237 OF 4 Page 237 request. No supervisor or manager should provide any information without a signed Consent to Release Information form. A. Duty of Care and General Approach: When providing references, supervisors should be aware to take reasonable care and to provide information that is true, accurate, fair and non-discriminatory. 1. The reference given does not have to be full and comprehensive, but it must not give a misleading impression. It is therefore essential that the reference is based on facts which can be backed up by evidence if challenged. 2. Opinions and subjective personal views which cannot be substantiated should not be included. Statements made should be consistent with those made elsewhere about the employee, for example, comments made about standard of performance in annual performance review. 3. Supervisors should only provide an employment reference if they have personal knowledge of the employee. 4. When providing an employment reference, supervisors should restrict their comments to those aspects of the employee’s job performance about which they have specific and personal knowledge (i.e., performance you have personally observed or experienced). Do not guess or rely on hearsay to respond to reference questions. 5. Avoid providing negative information about an employee’s job performance if the employee was not made aware of the performance problem or behavioral concern. 6. Supervisors may not disclose medical information while providing a reference, even if the employee voluntarily disclosed such information. Supervisors may not discuss with a prospective employer the health of the employee and any accommodations provided under the Americans with Disabilities Act (ADA). 7. If asked about attendance, absences protected under the Family and Medical Leave Act (FMLA), along with leaves for military service, cannot be discussed nor should they negatively or otherwise influence information provided. REFERENCE POLICY PAGE 238 OF 4 Page 238 8. Supervisors should not disclose any details regarding, addressing, or alluding to the employee’s known or suspected membership in a protected class—national origin, religion, sexual orientation, age (+40), disability, etc. 9. Supervisors should not provide information about an employee that is not directly work related—e.g., religious beliefs, familial status, non- professional activities. 10. Employment references for employees who have been involuntarily terminated from the City (probationary dismissal or termination for cause) must be discussed with Human Resources before being provided. B. General Employment Verification: Human Resources will provide the general employment verification information listed below, absent a signed Consent to Release Information form. Human Resources will confirm or deny the following employment information: 1. Dates of employment. 2. Salary. 3. Position Classification/Title. 4. Reason for Separation. V. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. VI. APPROVED BY THE CITY MANAGER Sergio Gonzalez REFERENCE POLICY PAGE 239 OF 4 Page 239 VII. ACTION This policy is effective December 5, 2023. Page 240 I. PURPOSE This policy establishes a Telecommuting Policy. II. APPLICABILITY This Policy applies to all full-time City employees. III. POLICY Telecommuting is an agreement between the City of Azusa and an employee that allows the employee to work in a designated area outside the office, including from home. Telecommuting is combined with working from a regular job site. Telecommuting supports employee morale and retention, as well as flexibility. The ability to telecommute is a privilege, not a right, and within the discretion of the employee’s Department Head. All City employees who are approved to telecommute must sign the City’s Telecommuting Agreement. The employee’s Department must maintain a copy of the Agreement and provide a copy to Human Resources. Employees should continue to perform their regular job responsibilities and obligations, and abide by the terms and conditions of employment while telecommuting. Employees telecommuting shall comply with all City rules, policies, practices, and instructions. A telecommuting employee must perform work during scheduled telecommuting hours and be available via telephone, email, instant messaging, and web conferencing during working hours. Video capability is required, and employees must have their video camera on during virtual meetings. CITY OF AZUSA ADMINISTRATIVE POLICY TELECOMMUTING POLICY TELECOMMUTING POLICY PAGE 241 OF 5 Page 241 Employees shall not engage in activities while telecommuting that would not be permitted at work, such as dependent care except as otherwise permitted under City policies or as allowed by law. Telecommuting employees may take care of personal business during unpaid breaks and lunch periods, as they would at their regular worksite. A. Department Head may deny, end, or modify a Telecommuting Agreement, but will not unreasonably take such action. Similarly, a telecommuting employee may end telecommuting at any time. Employees will not be allowed to telecommute if they do not comply with the terms of their Telecommuting Agreement. B. Departments may provide equipment, software, or supplies. If provided, the City may prohibit employees from the use of their personal equipment while telecommuting. Employees who have City issued mobile devices shall continue to use them in the course of their work. All City rules regarding the use of computers and the internet apply while an employee is telecommuting, regardless of whether the employee is using City‐ provided or personal equipment. C. Eligibility. Not every City position will be eligible to telecommute. For this Telecommuting Policy, general guidelines for allowing telecommuting include, but are not limited to the following: 1. Work that can be performed away from the workplace without the need for regular public contact or frequent interaction at work with supervisors, colleagues, or constituents. 2. The employee’s immediate presence at the regular worksite to address City business or public safety is not regularly required. 3. Work is not essential to the management of on‐site workflow. 4. Employees who are not meeting performance expectations or are not responsive during their scheduled shift will have their Telecommuting Agreement rescinded. Additionally, failure to adhere to this policy will result in the immediate termination of the Telecommuting Agreement. D. Work Hours. 1. Telecommuting employees, both exempt and non‐exempt, must perform work during their designated schedules and must report time TELECOMMUTING POLICY PAGE 242 OF 5 Page 242 spent telecommuting. Telecommuting employees will be required to complete the Telecommuting Activity Log, which tracks hours worked by task, and attach it to their timesheet. 2. Employees must receive authorization to work overtime from their supervisor and must obtain approval to use sick leave, vacation leave, and any other paid leave in accordance with the operable Memorandum of Understanding (MOU) and City Administrative Instructions. 3. A Department Head may not approve an employee to telecommute more than two workdays per week. The remaining days, the employee is required to work from their regular job site. E. Worksite and Equipment. 1. If telecommuting, an employee must designate a work area suitable for performing City business. Telecommuting employees must work in an environment that allows them to perform their duties safely, efficiently, and confidentially. The City is not responsible for damage to an employee’s personal equipment or property while the employee is telecommuting. 2. A telecommuting employee must protect City documents, equipment, software, and supplies (if provided) from possible theft, damage, and loss. The telecommuting employee may be responsible for the replacement or repair of City equipment, software, or supplies as allowed by law. Employees who use their personal equipment for telecommuting are responsible for the installation, repair, and maintenance of the equipment. F. Safe Workspaces. 1. Employees are expected to maintain their home workspace in a safe manner, free from safety hazards. Injuries sustained by the employee in a home office location and in conjunction with their regular work duties are normally covered by the City’s workers' compensation policy. 2. Telecommuting employees are responsible for notifying the City of such injuries as soon as practicable. Injuries shall be reported to the employees’ Division Manager or Department Director and Human Resources. The employee is liable for any injuries sustained by TELECOMMUTING POLICY PAGE 243 OF 5 Page 243 visitors to their home worksite. G. Security of Confidential Information. 1. All files, papers, records, documents, or other materials created while telecommuting is City property. Telecommuting employees and their supervisors shall ensure safeguards are in place to protect confidential information. Employees may not disclose confidential or private files, records, materials, or information while telecommuting and may not allow access to City networks or databases to anyone who is not authorized. 2. The California Public Records Act regarding public information and public records applies to telecommuting employees. Public records include any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by the City regardless of physical form or characteristic. If the City receives a Public Records Act request (subject to certain exceptions), a telecommuting employee must permit inspection and examination of any public record or public information in the employee's possession. This is required regardless of where the public record is located, such as a personal computer or personal mobile device. IV. PROCEDURE Employees who wish to telecommute are required to complete the Telecommuting Agreement and provide it to their Department Director. Department Directors, in consultation with Human Resources, will determine employee eligibility and set work standards, expectations and regularly scheduled work hours. Employees will be notified as soon as practicable after submission of completed Telecommuting Agreement. V. DENIAL OF TELECOMMUTING AGREEMENT An employee who has been denied their request to telecommute may appeal that decision to the City Manager. The decision of the City Manager is final and not subject to any other review or appeal process. TELECOMMUTING POLICY PAGE 244 OF 5 Page 244 VI.APPENDIX Telecommuting Agreement Telecommuting Activity Log VII.DISSEMINATION OF POLICY All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy. VIII. APPROVED BY THE CITY MANAGER Sergio Gonzalez IX. ACTION This policy is effective December 5, 2023. THE CITY OF AZUSA TELECOMMUTING AGREEMENT 24438.00000\32802877.1 Page 245 I have discussed these teleworking responsibilities and the expectations related to it with my supervisor and/or department head and I understand my responsibilities as a City of Azusa (“City”) employee. PRODUCTIVITY • For the duration of this approved telework agreement, I will be available and responsive to email and/or phone calls during my agreed upon work schedule. • For the duration of this approved telework agreement and schedule, I will address and complete work tasks as assigned by my Supervisor, Division Manager and/or Department Head; these work assignments are at the discretion of my Supervisor, Division Manager and/or Department Head and are subject to change. • I am expected to virtually attend and/or participate in meetings, trainings, and other functions at the primary site (administrative office) or off-site when required. • I understand that all City policies, practices and guidelines still apply. Failure to adhere to any of the requirements of my employment, including, without limitation, any requirements associated with this telecommuting agreement, may result in corrective action up to and including termination of employment. • I will maintain confidentiality when accessing and/or handling private and/or confidential information and records. Access to such records and data systems are provided solely for the purpose of performing my job functions. • I recognize that the work I conduct while teleworking remains subject to the City and other applicable regulations including the Public Records Act. SAFETY • I will keep all City property in a secure place at all times. I will not leave City property unattended in a vehicle. I will immediately report any loss of City property to my supervisor. • Any job related injuries or illnesses that I experience at home or alternate work location must be reported to my supervisor and Company Nurse at (877) 223-9310. This report must be made as soon as possible. TIMEKEEPING • I acknowledge and agree that I will accurately record all time worked on the telecommuting log, bi-weekly timesheet and the time must accurately reflect the actual times I start and stop work and take my required meal period, rather than the times I was scheduled to work. Work hours are subject to supervisory review and verification. • Overtime must be pre-approved by my Supervisor, Division Manager or Department Head. • I will contact my supervisor or Human Resources at HRTeam@AzusaCA.gov for assistance with any timekeeping questions. • I will only access City systems during my scheduled work hours as approved and only for official City business. ACKNOWLEDGEMENT • This emergency telework arrangement shall continue at the sole discretion of City and is limited to the timeframe designated as a result of the COVID-19 emergency as determined by City Council. • Teleworking is not an employee benefit or entitlement and can be changed or terminated by the City at any time, at its sole discretion, for any reason. THE CITY OF AZUSA TELECOMMUTING AGREEMENT 24438.00000\32802877.1 Page 246 Employee Name Division Job Title Supervisor Employee ID Number Date Submitted EMPLOYEE SIGNATURE Date TELECOMMUTE OR ALTERNATE WORK SITE LOCATION Address Phone Number (Primary) Phone Number (Secondary) Email Address WEEK 1 Work Hours Lunch Location WEEK 2 Work Hours Lunch Location (A or T)* (A or T)* Monday Monday Tuesday Tuesday Wednesday Wednesday Thursday Thursday Friday Friday Saturday Saturday Sunday Sunday * A = Agency Site, T = Telecommute Time and attendance will be traced in the same manner as the primary work site. In the event that time and attendance cannot be submitted electronically, the employee will need to contact their supervisor immediately. City Assets on Loan ID Number Comment ☐ Laptop ☐ Tablet ☐ Power Cord ☐ Docking Station ☐ Mouse ☐ Cellphone ☐ Printer ☐ Other ☐ Other Other Systems or Software Required ☐ ☐ ☐ ☐ ☐ ☐ Page 247 Employee Name: Telecommuting Activity Log Date Start Time End Time Hours Project Notes Page 248 I. PURPOSE The City of Azusa appreciates and encourages employees willing to devote their own time toward personal and professional development. The Tuition Reimbursement Program is designed as a career development opportunity to encourage employees to become better qualified for their present positions and to prepare for advancement within the City. Through job-related coursework, employees may have the opportunity to enhance and refine their skills and broaden their knowledge, while improving job performance and professional capability. The scope of the program is confined to expenses for off-duty development that benefits both the employee and the City. Reimbursement shall be subject to the availability of budgeted funds. If funds are unavailable, the City shall strive to approve tuition reimbursement requests when the funds are available. The purpose of this policy is to encourage employees to continue their self- development by enrolling in approved classroom courses which will: A. Educate employees in new concepts and methods in their occupational field and prepare them to meet the changing demands of their jobs. B. Help prepare employees for advancement to positions of greater responsibility in the City of Azusa. II. APPLICABILITY This policy applies to all full-time employees. CITY OF AZUSA ADMINISTRATIVE POLICY TUITION REIMBURSEMENT POLICY TUITION REIMBURSEMENT POLICY PAGE 249 OF 6 Page 249 III. POLICY The Tuition Reimbursement program permits eligible full-time employees to receive tuition reimbursement for approved courses. A. Eligibility 1. Eligibility to Participate: All regularly appointed full-time employees who have completed probation are eligible to participate in the program. The provisions of this policy apply unless the Memorandum of Understanding (MOU) to which the employee’s classification is assigned has negotiated different provisions. B. Eligible Courses 1. Courses must commence after probation has been completed and be more than the prerequisite educational standards for the position. An example of this would be job-related college or university courses when the classification specification calls for high school graduation. 2. Courses must be taken at colleges or universities and accredited by the Western Association of Schools and Colleges. Distance learning classes offered by such institutions shall be covered by this provision. Credits given for non-classroom assignments such as life experience, military training and professional training are not reimbursable. 3. Course work must be related to the employee’s current occupation or to a City classification to which the employee may reasonably expect to be promoted within the next five years. 4. Courses must be above the educational requirement of the position as noted in the position specification and are not taken to acquire skills, knowledge, and abilities which the employee was deemed to have when initially appointed to the position. 5. Courses may not duplicate training which the employee has already received, or which is to be provided in-house. 6. Courses may not duplicate previously taken courses unless special approval has been granted by the Department Head and the Human Resources Office. 7. Courses, including engineering review or water certification courses, TUITION REIMBURSEMENT POLICY PAGE 250 OF 6 Page 250 taken at accredited institutions for which an academic grade or units of academic credit are not given. These courses must prepare candidates for a certificate, license or registration issued by the California Board of Registration for Professional Engineers. The employee must receive the certificate or license from this Board to be eligible for reimbursement, which will be granted for a maximum of two (2) courses per certificate, license, or registration. 8. Courses must lead to a City-approved certificate, license, or registration. Reimbursement may be made for any examination fees required to successfully obtain the certificate, license, or registration. Reimbursement for eligible expenses will be made only after obtaining the license, certificate, or registration. 9. Courses may not be taken on City time and must be certified that they are taken on the employee’s off-duty time. 10. Courses must be approved by the Department Head and the City Manager or their designee before commencement of the class. 11. Each application must state exactly which units or credits the employee is applying for, and whether the courses submitted are core courses or recommended electives for the approved major. 12. Each employee is limited to receiving reimbursement from the City for courses taken to attain one (1) Associates of Arts degree, one (1) bachelor’s degree and one (1) master’s degree. C. Reimbursement Eligible Expenses: 1. The City shall reimburse employees for tuition, registration fees and textbooks required for the eligible courses. Expenses for parking, travel, meals, processing fees, transcript fees, materials and any other costs are not reimbursable. 2. Employees shall be reimbursed up to the dollar amount charged for the same number of units per term established by the California State University System Budget Office and published as the “Schedule of Systemwide Fees”, There is no maximum number of times an employee can be reimbursed for educational expenses in a year, TUITION REIMBURSEMENT POLICY PAGE 251 OF 6 Page 251 subject to the limitations set forth in this section and III.B.4. 3. Reimbursement shall be made upon completion of the course with a minimum grade of “C” or its equivalent, i.e., a pass in a pass/fail course will be considered equivalent to a grade of “C”. No reimbursement shall be made for audited or incomplete courses. 4. Employees wishing to have their course approved for reimbursement should submit the Application for Tuition Reimbursement Form prior to registering for the course. 5. Application for reimbursement must be submitted within three months of the completion of the approved course in order to be considered for reimbursement. 6. Employees who are eligible for Veterans’ Educational Benefits from the Federal or State government are not eligible for reimbursement under provisions of this program. 7. Scholarships, grants, or any other type of outside funding will be subject to offsetting the tuition costs. IV. EMPLOYEE PAYBACK PROVISION Upon termination from employment, employees shall be required to reimburse the City for any funds received under this program for courses completed during the last twenty-four (24) months of employment. This payback provision does not apply to employees laid off by the City or who separate as a result of city/department reorganization. V. CERTIFICATES & LICENSES A. The City will reimburse employees for the cost of a certification and/or license under the following circumstances: 1. The certificate or license is not required as a minimum qualification to be in the classification. 2. The City receives a material benefit from the employee possessing the license or certificate and the employee is performing work associated TUITION REIMBURSEMENT POLICY PAGE 252 OF 6 Page 252 with the license or certification. 3. The duties being performed are within the scope of the employee’s classification series. B. The City will not reimburse employees the cost of continuing education credits needed to maintain the license or certification, unless job-related. VI. PROCEDURES FOR REQUESTING TUITION REIMBURSEMENT A. Employees should complete the Application for Tuition Reimbursement Form and submit it to their supervisor or assigned department designee prior to the beginning of the course. B. Once approved, the employee registers and pays for the course. C. At the conclusion of the course, employee submits the approved Application along with a copy of their grade and the original tuition/fees receipt to their supervisor or assigned department designee, who completes the Tuition Reimbursement Request form and processes it for signature and payment. D. Employees will receive payment through payroll for the reimbursement of the tuition/fees. E. Reimbursements may be subject to taxes. VII. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. VIII. APPENDIX Application for Tuition Reimbursement Form Tuition Reimbursement Request Form TUITION REIMBURSEMENT POLICY PAGE 253 OF 6 Page 253 IX.APPROVED BY THE CITY MANAGER Sergio Gonzalez X. ACTION This policy is effective December 5, 2023. Page 254 CITY OF AZUSA APPLICATION FOR TUITION REIMBURSEMENT See attached Fee Schedule for reimbursement limits 1. APPLICANT Name: Department: Date: Declared Major: MOU: 2. TUITION REIMBURSEMENT REQUEST College: Full-time 6.1 or more Part-time 0 - 6.0 Course Title: Number of Credits: @ a cost of Course Title: Number of Credits: @ a cost of Course Title: Number of Credits: @ a cost of Estimated Total cost of degree: Undergraduate or Graduate Semester or Quarter Fall Winter Spring 3. RELATION OF COURSEWORK TO EMPLOYEE’S PRESENT OR FUTURE POSITION: (To be completed by applicant) Core class or recommended elective for the approved major I hereby certify that I am not receiving any grants, subsidies, federal or state, veterans’ benefits or any form of financial assistance. If for any reason this should change I acknowledge my obligation to inform the City as soon as possible. Signature: Date: 4. VERIFICATION AND APPROVAL This form must be submitted to the Department Head and Human Resources for approval before class begins. Recommended for Approval Not Recommended for Approval Department Head Signature: Date: Reimbursement Approved Not Approved Human Resources Signature: Date: CITY MANAGER Signature: Date: Received all Receipts Received Grades Processed For Payment X: Tuition Reimbursement\ Application Form 07/2018 Page 255 -- SAMPLE -- CITY OF AZUSA TUITION REIMBURSEMENT REQUEST GENERAL FUND Vendor # V# 00000 DUE DATE 00/00/2023 Date: 00/00/2023 DEMAND OF: John Doe ADDRESS: 1000 W. Happy Trails CITY/STATE/ZIP: Pleasant City, CA 90001 ON THE TREASURY OF THE CITY OF AZUSA: For the sum of: ONE THOUSAND ONE HUNDRED ONE DOLLAR AND 00/100 $1,101.00 PAYMENT WORKSHEET NAME OF SCHOOL ATTENDING COLLEGE OR UNIVERSITY NAME DEGREE or CERTIFICATE GOAL: AA, BA, BS, MA, MS COST PER SEMESTER AT CAL STATE U. : $0.00 CSU 2023/24 Schedule of Systemwide Fees (tuition & fees) per semester ACTUAL COST OF SEMESTER/QUARTER/SESSION $0.00 NUMBER OF UNITS FOR CLASS ON THIS REQUEST: # MAXIMUM TUITION REIMBURSEMENT THIS PERIOD: $0.00 OPRIATION ACCOUNT DESCRIPTION AMOUNT 10-XX-XXX-XXX--XXXX TUITION $1,000.00 TECHNOLOGY FEE $0.00 BOOKS 101.00 FALL 2023 TOTAL REIMBURSEMENT $1,101.00 Requested by: John Doe Date: 00/00/2023 Approved by Dept Head: Date: / / City Administrator: Date: / / Accounts Payable: Date: / / Accounting: Date: / / Human Resources: Date: / / Page 256 CITY OF AZUSA TUITION REIMBURSEMENT REQUEST GENERAL FUND Vendor # DUE DATE: DATE: DEMAND OF: ADDRESS: CITY/STATE/ZIP: ON THE TREASURY OF THE CITY OF AZUSA: For the sum of: PAYMENT WORKSHEET NAME OF SCHOOL ATTENDING DEGREE or CERTIFICATE GOAL: COST PER SEMESTER AT CAL STATE U. : CSU 2023/24 Schedule of Systemwide Fees (tuition & fees) per semester ACTUAL COST OF SEMESTER/QUARTER/SESSION NUMBER OF UNITS FOR CLASS ON THIS REQUEST: MAXIMUM TUITION REIMBURSEMENT THIS PERIOD: APPROPRIATION ACCOUNT DESCRIPTION AMOUNT 1 0 - _ _ - _ _ _ - _ _ _ _ TUITION TECHNOLOGY FEE BOOKS TOTAL REIMBURSEMENT Requested by: Date: / / Approved by Dept Head: Date: / / City Administrator: Date: / / Accounts Payable: Date: / / Accounting: Date: / / Human Resources: Date: / / Page 257 I. PURPOSE To ensure maximum safekeeping of the City’s equipment, fixed assets and general property. II. POLICY All equipment which employees use, or has been issued to them to perform their jobs, is owned by the City of Azusa. It is the individual responsibility of all employees to care for, and safeguard, the City’s property and equipment, keeping it in as close to as new condition as possible. III. APPLICABILITY This policy applies to all current employees. IV. PROCEDURES A. Use of City Equipment: Employees may not use any City-owned or provided equipment for personal use. This includes City time and resources, such as paper. B. Employees who lose, steal, or misuse City-owned equipment may be personally liable for replacing or repairing the item or subject to disciplinary action up to and including termination. C. Loss/Damage/Theft: It is the responsibility of the employee to notify the City immediately of loss/damage/theft to any City-owned equipment or resources by completing the Employee Report of Property Loss or Damage form. If the item(s) has/have an estimated value over $100 and has/have been lost or stolen, the City also requires the employee file a police report with CITY OF AZUSA ADMINISTRATIVE POLICY USE OF CITY EQUIPMENT, RESOURCES AND TIME POLICY Page 258 the Azusa Police Department, or with the police in the jurisdiction in which the theft or loss occurred, within 48 hours from the time the employee became aware of theft or loss. The police report shall be provided to the employee’s supervisor, and forwarded to Human Resources. Supervisors should investigate when City property is damaged in accordance with existing policies. V.APPENDIX Employee Report of Property Loss or Damage VI.DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. VII.APPROVED BY THE CITY MANAGER Sergio Gonzalez VIII. ACTION This policy is effective December 5, 2023. USE OF CITY EQUIPMENT, RESOURCES AND TIME POLICY PAGE 2 OF 2 EMPLOYEE REPORT OF PROPERTY LOSS OR DAMAGE Employees should complete this form and file a police report in the jurisdic�on in which the property damage or loss occurred for all City issued property that is lost, stolen or damaged. Completed form should be emailed to HRTeam@AzusaCA.gov. EMPLOYEE NAME: CLASS TITLE: DEPARTMENT: WORK PHONE NUMBER: ADDRESS OF WHERE LOSS OR DAMAGE OCCURRED: DATE OF INCIDENT: TIME: AM PM DESCRIBE THE PROPERTY LOSS OR DAMAGE: DESCRIBE HOW THE PROPERTY WAS LOST OR DAMAGED: POLICE REPORT FILED WITH: DR NUMBER: DATE HR NOTIFIED: SUPERVISOR’S INVESTIGATION: EMPLOYEE’S SIGNATURE SUPERVISOR'S SIGNATURE HR NOTES: DATE: DATE: Page 259 SIGNATURE OF HR REP: DATE: Page 260 I. PURPOSE The purpose of this policy is to establish uniform guidelines in the use of criminal history information for employment with the City of Azusa. II. POLICY The City of Azusa will conduct background investigations of all potential City employees, including volunteers, as part of the pre-employment process. A candidate will only be subject to a background investigation if the candidate has received a conditional job offer. A candidate refusing to undergo a background investigation will not be considered for employment with the City of Azusa. In addition, this policy is to be consistent with local, state, and federal laws. Persons seeking employment as peace officers or persons seeking employment for positions in the Department of Justice or other criminal justice agencies as defined in Section 13101 Penal Code are not covered under this policy. III. APPLICABILITY This Policy applies to all City employees, contractors, and applicants. IV. DEFINITIONS A. Adjudication: A formal judgment on a disputed matter. B. Applicant: Any person who has filed an application for employment with the City. CITY OF AZUSA ADMINISTRATIVE POLICY USE OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT POLICY USE OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT POLICY PAGE 261 OF 7 Page 261 C. Background Investigations: A criminal history conducted by the Department of Justice and/or the City of Azusa Police Department. D. Conditional Offer of Employment: A job offer that is contingent upon a candidate meeting certain conditions or requirements such as a background check, physical exam, and/or drug test. E. Conviction: Includes a plea, verdict, or finding of guilt, regardless of whether a sentence is imposed by court. Conviction does not include, and shall not be construed to include, any adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the process or jurisdiction of juvenile court or a diversion program. F. Conviction History: Conviction history does not include an arrest not resulting in conviction only in the specific, limited circumstances described in Section 432.7 of the Labor Code; or an arrest for which an individual is out on bail or their own recognizance pending trial. V. PROCEDURE A. Pre-Employment Background Checks. 1. As part of the pre-employment process, all candidates who have received a conditional offer of employment will be fingerprinted. The fingerprints will be forwarded to the State Department of Justice and/or Federal Bureau of Investigation (FBI), who will search their files for a record of criminal activity. Any record of arrest or conviction will be provided to the City. 2. Unless otherwise required by law, criminal background checks will only be conducted after a candidate has met all other criteria for the position being sought and has been provided with a conditional offer of employment, pending successful completion of a criminal background check. 3. All State Summary Criminal History information will be forwarded to the Human Resources Office, who will review all conviction information. 4. Refusal of an applicant or employee to be fingerprinted, failure to report for fingerprinting, or failure to provide such information as is USE OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT POLICY PAGE 262 OF 7 Page 262 necessary to conduct a background check will be sufficient cause for disqualification for employment or termination from employment. B. Process. 1. Once a candidate has received a conditional offer of employment, they will receive a Request for Live Scan form. The candidate must follow the instructions on the form to be fingerprinted by the Azusa Police Department. 2. After the City makes a conditional offer of employment, the Human Resources Office may then request information about criminal convictions, except for misdemeanor marijuana-related convictions that are over two years old, or convictions that have been judicially sealed, eradicated, or expunged. 3. In accordance with Labor Code Section 432.7, the City shall not ask a candidate to disclose, in writing or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or post-trial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.425, 1203.45, and 1210.1 of the Penal Code. 4. Unless otherwise required by law, the City will not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, until the City has determined that the applicant meets the minimum employment qualifications, as stated in any notice issued for the position. This provision does not apply to those positions for which the City is required by law to conduct a criminal history background check (e.g., peace officers) or to positions within a criminal justice agency. C. Individualized Assessment. The review of state and/or federal criminal history report from the Department of Justice will determine whether adverse results from a criminal background check may preclude employment. The determination will be made on an individualized assessment and shall include the following factors: USE OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT POLICY PAGE 263 OF 7 Page 263 1. The nature and gravity of the offense or conduct. 2. The time that has passed since the offense or conduct and completion of the sentence. 3. The nature of the job held or sought. The City will not consider: 1. Arrests not followed by conviction, except in the circumstances permitted in Section 432.7 of the Labor Code. 2. Referral to or participation in a pretrial or post-trial diversion program. 3. Convictions that have been sealed, dismissed, expunged, or statutorily eradicated pursuant to law, or any conviction for which the convicted person has received a full pardon or has been issued a certificate of rehabilitation. D. Disqualification Based on Criminal History. If the supplemental application or a subsequent background screening discloses a previous criminal conviction, the Human Resources Manager will take into account the following factors in determining whether to disqualify the applicant or rescind a conditional offer, if any: 1. The nature and gravity of the offense or conduct. 2. The time that has passed since the offense or conduct and completion of the sentence. 3. The nature of the job held or sought. E. Notifications to Candidate. After a criminal background check has been performed, and a preliminary decision that any of the conviction(s) listed on the state and/or federal criminal history report from the Department of Justice disqualifies a candidate from employment and is a basis to rescind the City's condition offer of employment, the following process will be followed in accordance with Government Code Section 12952: 1. Notice of Preliminary Decision to Rescind Conditional Job Offer. USE OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT POLICY PAGE 264 OF 7 Page 264 The City will notify the candidate in writing of the preliminary decision to rescind the offer of employment. Such written notification will identify the conviction(s) that disqualify the candidate and/or caused the candidate to receive a preliminary decision to rescind conditional job offer notice, and will include: a. A copy of the conviction history report, if any. b. the candidate's right to respond to the City's preliminary decision to rescind the condition offer of employment within five (5) business days from the date the notice was mailed. c. notice that the candidate may include evidence to challenge the conviction history such as evidence of rehabilitation, evidence of mitigating circumstances, or both. 2. Notice of Final Decision to Rescind Conditional Job Offer. If no written response is received from the candidate within five (5) business days after the mailing date of the preliminary decision to rescind conditional job offer, or If the candidate's response to challenge the accuracy of the criminal history report is received by the provided deadline, and the Human Resources Office decides after review of the documentation submitted to uphold the preliminary decision to rescind conditional job offer, the candidate will be notified in writing of the final decision to rescind the conditional offer of employment. The final notification will advise the candidate of the City's procedure to challenge the final disqualification and the right to file a complaint with the Department of Fair Employment and Housing. The Custodian of Records or their designee will notify the hiring department if a conditional job offer should be rescinded. 3. Notice of Final Decision to Not Rescind Conditional Job Offer. If the candidate's written response to challenge the accuracy of the criminal history report and/or documentation supporting the candidate's challenge is received by the deadline provided, the City will review the documentation. If the Human Resources Office decides, after review of the documentation submitted, to not rescind the conditional offer of employment, the candidate will be notified in writing. USE OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT POLICY PAGE 265 OF 7 Page 265 F. Notification of Subsequent Arrests/Convictions. As part of this procedure, the Department of Justice will notify the City of all subsequent arrests and/or conviction of its employees. G. Designated Custodian of Records. The Custodian of Records will be given the authority and responsibility for seeing that the policies and procedures set forth herein are followed, and will ensure that records are held in a secure, confidential place, separate from the personnel file. The Custodian of Records shall be the Director of Administrative Services or their designee. H. Retention of Criminal History Information. The record will be retained for not less than three (3) years and shall contain the following information: 1. Name of Employee to which record pertains. 2. Date of information received. 3. Name of person reviewing information. 4. Disposition of record. Under no circumstances is criminal history information to be released to unauthorized persons or reproduced in any form. VI. REFERENCES California Labor Code Section Labor Code 432.7. Government Code Section 12952 under the Fair Employment and Housing Act. VII. DISSEMINATION OF POLICY All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy. USE OF CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT POLICY PAGE 266 OF 7 Page 266 VIII. APPROVED BY THE CITY MANAGER Sergio Gonzalez IX. ACTION This policy is effective December 5, 2023. I.PURPOSE: The City of Azusa’s Fraud, Waste, and Abuse Reporting policy is established to facilitate the development of controls that will aid in the detection and prevention of fraud, waste, and abuse against the City of Azusa (City). It is the intent of the City to promote consistent organizational behavior by providing guidelines and assigning responsibility for the development of controls and conduct of investigations. II. POLICY STATEMENT: The City offers a Fraud, Waste, and Abuse Hotline (Hotline) with a primary objective being to provide a means for City employees, residents, and other interested complainants to confidentially report (1) any activity or conduct in which he/she suspects instances of fraud, waste, or abuse and (2) violations of certain Federal or State laws and regulations relating to fraud, waste, and abuse as it is defined in California Government Code §53087.6(f) (2). III. POLICY SCOPE: This policy applies to any irregularity, or suspected irregularity, involving employees as well as consultants, vendors, contractors, outside agencies doing business with employees of such agencies, and/or any other parties with a business relationship with the City. Any investigative activity required will be conducted without regard to the suspected wrongdoer's length of service, position/title, or relationship to the City. IV.POLICY: Management is responsible for the detection and prevention of fraud, waste, and abuse. California Government Code §53087.6(f) (2) defines the terms, "fraud, CITY OF AZUSA ADMINISTRATIVE POLICY FRAUD, WASTE, AND ABUSE FRAUD, WASTE, AND ABUSE PAGE 2 of 6 waste, or abuse" as follows: Any activity by a local agency or employee that is undertaken in the performance of the employee's official duties, including activities deemed to be outside the scope of his or her employment, that: • Is in violation of any local, state, or federal law or regulation relating to: fraud, corruption, malfeasance, bribery, theft of government property, fraudulent claims, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty. Is economically wasteful, or Involves gross misconduct. Each member of the City’s Executive and Middle Management teams will be familiar with the types of improprieties that might occur within his or her area of responsibility, and be alert for any indication of irregularity. Any irregularity that is detected or suspected must be reported immediately to the Director of Administrative Services, who may coordinate investigations with the appropriate entities and personnel. Some of these improprieties may be defined as follows: Violation Definition Complaint Code Fraud A known is representation of the truth or misstatement of fact to induce another to act to the City's detriment. Fraud, Accounting/ Audit Irregularities Theft of government proper ty Unauthorized taking into one's possession of property owned by the City Theft of Cash, Goods, and Services Fraudulent claims A misrepresentation of facts in a claim to receive compensation Fraudulent Insurance Claims Conversion The wrongful Theft of Cash, Goods and FRAUD, WASTE, AND ABUSE PAGE 3 of 6 possession of or interference with the City's property as if it was one's own Services Misuse of government property Misuse of City's property Waste Corruption The impairment of a public official's duties by bribery Release of Proprietary Information Malfeasance Wrong doing or misconduct by a public official Conflict of Interest Theft of Time Unauthorized Discounts Wage and Hour Issues Customer Relations Policy Issues Safety Issues and Sanitation Product Quality Concerns Bribery The corrupt payment, receipt, or solicitation of a private favor for official action Kickbacks Improper Loans to City Officials Coercion Compulsion by physical force or threat of physical force; threat of taking or withholding official action or causing an official to take or withhold an action Retaliation Against Whistleblowers Malicious prosecution Intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action that is brought without probable cause and dismissed in favor oftl1e victim that caused damages Abuse Willful omission to perform duty Intentional neglect to take action required by law or contract Abuse Complaints received that allege certain Labor-Management Issues e.g. Discrimination, Sexual Harassment, Substance Abuse, and Workplace Violence/Threats are not included in the statutory definition of fraud, waste, or abuse and are not in the purview of this policy. However, these complaints are forwarded to the appropriate management function for review and action. FRAUD, WASTE, AND ABUSE PAGE 4 of 6 V. INVESTIGATION RESPONSIBILITIES: The Director of Administrative Services have the primary responsibility for the investigation of all suspected acts as defined in the policy. If the investigation substantiates that inappropriate activities have occurred, the Director of Administrative Services will issue reports to appropriate designated personnel and, if appropriate, to the City Council in accordance with the Brown Act. Decisions to prosecute or refer the examination results to the appropriate law enforcement and/or regulatory agencies for independent investigation will be made in conjunction with legal counsel and the City Manager, as will final decisions on disposition of the case except to the extent that the initiation of litigation may require approval by the City Council. VI. CONFIDENTIALITY: The Director of Administrative Services shall treat all information received confidentially. Any employee who suspects inappropriate activity shall notify the Director of Administrative Services immediately, and should not attempt to personally conduct investigations or interviews/interrogations related to any suspected act (see REPORTING PROCEDURE section below). Investigation results will not be disclosed or discussed with anyone other than those who have a legitimate need to know. This is important in order to avoid damaging the reputations of persons suspected but subsequently found innocent of wrongful conduct and to protect the City from potential civil liability. Public disclosure shall be made only in accordance with applicable law. VII. AUTHORIZATION FOR INVESTIGATING SUSPECTED FRAUD, WASTE, AND ABUSE: The Director of Administrative Services, or authorized representative, will have access to, and authority to examine any and all records, documents, systems and files of the City and/or other property of any City department, office or agency. It is the duty of any officer, employee or agent of the City having control of such records to permit access to, and examination thereof, upon the request of the Director of Administrative Services or their authorized representative. It is also the duty of any such officer, employee or agent to fully cooperate with the Director of Administrative Services, or authorized representative, and to make full disclosure of all pertinent information. The Director of Administrative Services shall also be permitted access to any and all records, documents, systems and files of any City vendor or contractor as allowed by City agreements and contracts. VIII. REPORTING PROCEDURES: FRAUD, WASTE, AND ABUSE PAGE 5 of 6 Great care must be taken in the investigation of suspected improprieties or irregularities so as to avoid mistaken accusations or alerting suspected individuals that an investigation is under way. Any employee, or other interested complainant, who discovers or suspects fraudulent activity will have different options to report. Reporting can occur by: Contacting the Director of Administrative Services - either in person, by mail, by email, or by direct phone call; Hotline Reporting- calling the City's third party reporting firm at (844)777-4756; Online Reporting- web intake form at www.ci.azusa.ca.us.ethicspoint.com The following information is necessary to begin and continue processing a complaint/concern: The alleged misconduct involves a City employee, a contractor, or a vendor doing business with the City. Name of the individual(s) involved. Specific information regarding the alleged misconduct. Circumstances surrounding how the alleged misconduct occurred. Where or in what department the alleged misconduct occurred. When the alleged misconduct occurred. The conduct should meet the statutory definition of fraud, waste, and abuse found at California Government Code §53087.6(f) (2). During the initial review of complainant report(s), the Director of Administrative Services will hold in confidence information disclosed through the Hotline, including the identity of the caller disclosing the information and the parties identified by the caller as allowed under applicable state law. The complainant may remain anonymous to the extent allowed by law. All inquiries concerning the activity under investigation from the suspected individual, his or her attorney or representative, or any other inquirer should be directed to the Director of Administrative Services: No information concerning the status of an investigation will be given out. The proper response to any inquiry is: "There is no information to report at this time." No reference should be made to "the allegation," "the crime," "the fraud," "the forgery," "the misappropriation," or any other specific fraud reference when referring to any report. The reporting individual should be informed of the following: Do not contact the suspected individual in an effort to determine FRAUD, WASTE, AND ABUSE PAGE 6 of 6 IX. DISCIPLINE: facts or demand restitution. Do not discuss the case, facts, suspicions, or allegations with anyone unless specifically asked to do so by the City Attorney or the Director of Administrative Services. Once the investigation provides firm indicators through probative evidence that an employee might be subject to disciplinary action by his/her department for the subject matter of the investigation, the Director of Administrative Services will work with the City Manager, City Attorney, and/or department director to ensure a disciplinary process in accordance to the City's Personnel Rules and any other applicable law, rule, or regulation. X. ADMINISTRATION: For the purpose of this Administrative Policy, the City Manager has designated the Director of Administrative Services to be responsible for the administration, revision, interpretation, and application of this policy. The policy will be reviewed periodically and revised as needed. The Director of Administrative Services may develop any other policies or procedures as necessary to implement this Administrative Policy. XI. APPROVED BY THE CITY MANAGER Sergio Gonzalez XII. ACTION This policy was originally adopted March 6, 2017 and is re-affirmed effective December 5, 2023