HomeMy WebLinkAboutAGENDA REPORT 1999 0217 CC REG ITEM 10J� qo '-i
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CITY OF MOORPARK, CALTFORN[A
City Council Meeting
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ACTTON:
CITY OF MOORPARK
AGENDA REPORT
BY: ._
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, City Clerk -�Dj-r
DATE: February 5, 1999 (CC Meeting of 2/17/99)
SUBJECT: CONSIDER ADOPTING REVISED CITY COUNCIL POLICIES
RESOLUTION AND RESCINDING RESOLUTION NO. 98 -1509
BACKGROUND
Section 15 of the City Council's Policies Resolution No. 98 -1509
requires that the Council Policies resolution shall be updated from
time to time as needed but not less often than following each
General Municipal Election beginning in 1998. Given that a General
Municipal Election was held on November 3, 1998, the Council should
review the policies to determine the need for updating. Staff
recommended revisions are discussed below.
DISCUSSION
Staff proposed revisions are shown through use of legislative
format on the attached draft resolution. One of the recommended
revisions is to revise Policy 6.2, Committee Appointments, to allow
the appointments to Standing Committees of the City Council to be
made at the first regularly scheduled meeting in December of each
year (versus January). This change is consistent with the Council's
recent direction at the November 18 meeting. A related change is
to revise Policy 6.6, Meeting Schedule, to require that a regular
meeting schedule for Standing Committees shall be approved by
minute action of the City Council at the first regularly scheduled
meeting in December of each year (versus January). Changing the
language in both Policies 6.2 and 6.6 to the first regularly
scheduled meeting in December will keep the dates consistent.
A proposed new policy has been added as Policy 15 - Criminal
Background Checks and Securing Received Criminal History
Information. The intent of the policy is to identify those
prospective employees and volunteers who may have a criminal
history so that information about criminal history can be used in
employment decisions. Consideration of a draft resolution
0001.80
Honorable City Council
February 5, 1999
Page 2
authorizing the City to obtain State summary criminal history
information of prospective employees and volunteers is a separate
item on the Council's February 17 meeting agenda. New Policy 15 on
the attached resolution outlines the authority, applicability,
responsibilities and procedures for conducting criminal background
checks, including which convictions ought to bar employment. An
exhibit has also been attached (Exhibit A), which is an employee
statement to be signed by employees and contract employees who may
have access to Criminal Offender Record Information.
STAFF RECONMMATION
Adopt Resolution No. 99-
Attachment: Draft Resolution
DST cAm\staffrpts\cc990217 pol .res
0003.81
RESOLUTION NO. 98 -1509
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTING REVISED
. . . . . . . . . . . _ . . . . _ ............... . . . . ........
COUNCIL POLICIES AND RESCINDING RESOLUTION NO.
98- 14541509
WHEREAS, it is advantageous for the City Council to have a
compilation of its policies; and
WHEREAS, the City Council has directed that its policies be
compiled and adopted as a resolution; and
WHEREAS, on April 1 September 2, 1998, the City Council
adopted Resolution No. 98- 14541509 adopting Council Policies; and
WHEREAS, the City Council has determined that a re si-en to
eerreet ens revisions are required;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE THAT COUNCIL POLICIES ARE HEREBY ADOPTED
TO READ AS FOLLOWS:
SECTION 1. POLICY 1 - STREET NAMING
All street names shall be approved by the City Council subject to
the concurrence of the County Fire Department. The following
criteria shall be used: North /South streets shall be designated as
avenues or roads; East /West streets as streets or drives; and cul-
de -sacs as circles, courts or places.
SECTION 2. POLICY 2 - REPAYMENT DOCUMENTS FOR VILLA
CAMPESINA DEFERRED LOANS
The City Manager is authorized to execute all deferred loan
repayment documents for Villa Campesina Affordable Housing
Development (Tract 4147).
SECTION 3. POLICY 3 - MEETING AND CONFERENCE EXPENSE
On various occasions it will be necessary for City Officials,
elected and appointed, and staff to attend meetings outside the
City or County on City business. Such occasions fall basically
into three categories:
1. Meetings /Seminars /Training Sessions, which do not require
overnight accommodations;
000182
Resolution No. 99-
Page 2
2. Conferences /Training Sessions requiring overnight
accommodations, or which require an expenditure exceeding
$250.00;
3. Travel for regular /special meetings.
A. Meetings /Seminars /Training Sessions (one day and return)
1. The costs of registration, meals, parking and
mileage are allowable City expenses. Attendance at
City expense shall be subject to the advance
approval of the City Manager.
2. An individual proposing to attend at City expense
shall file a rough -draft copy of the Claim for
Reimbursement of Travel Expenses with the City
Manager at least 24 hours prior to the date of
attendance.
3. The City Manager shall not approve such attendance
unless funds have been appropriated and are
available for the subject purpose.
4. Wherever possible, registration fees will be paid in
advance by the City. The individual attending
shall advance all other necessary costs.
5. Upon return to the City, the individual attending
shall complete the Claim for Reimbursement of
Travel Expense, in final form, and submit it to the
City Manager for reimbursement.
B. Conferences /Training Sessions (Requiring Lodging)
1. The costs of registration, lodging, meals, parking
and mileage are allowable City expenses. Attendance
at City expense shall be subject to the advance
approval of the City Manager, if funds have been
appropriated for the travel. Otherwise, it shall
require approval and an appropriation of funds by
the City Council.
2. The individual attending shall file a rough -draft
copy of the Claim for Reimbursement of Travel
Expenses with the City Manager, at least one week
prior to the City Council Meeting preceding the
date of the Conference /Training Session.
000183
Resolution No. 99-
Page 3
3. The City Manager shall determine whether funds have
been appropriated and are available for said
proposed expenditure and shall either
approve /disapprove the travel or refer to the City
Council and recommend attendance /non- attendance
based on the availability of funds, proposed
content of the meeting and other meetings in the
same general subject area which may be scheduled
later during the budget year.
4. After approval by the City Manager or City Council,
staff will, if possible, make advance arrangements
to pay registration and lodging fees and to make an
advance payment in the amount not to exceed 100% of
the balance of the estimated cost.
5. Upon return to the City, the individual attending
shall complete the Claim for Reimbursement of
Travel Expenses, in final form with supporting
receipts or cash tickets, and submit it within 10
days of their return to the City Manager for
reimbursement, or refund of any overage. Total
receipts for meals and associated tips will be
honored up to $50.00 per day based on the following
limits of $10.00 for breakfast, $15.00 for lunch
and $25.00 for dinner. Meals can be combined.
6. The traveler may receive a per diem allowance for
meals plus tips. The per diem allowance shall
conform to the currently allowed Internal Revenue
Service (IRS) allowance for California cities. It
shall be prorated when appropriate.
7. When the individual attending an approved conference
is accompanied by his or her spouse or another
companion, the allowable cost for lodging shall be
only that which would be allowed if the individual
were traveling alone. The lodging and all other
expenses of the spouse or traveling companion are
personal and not reimbursable by the City.
C. Staff Travel - Regular /Special Meetings
Staff assigned or directed by the City Manager to attend
area meetings, or special meetings which are scheduled
from time to time during the regular course of business,
shall be reimbursed for actual mileage, meals and other
appropriate expenses on an actual cost basis. Staff
members receiving a travel allowance will be reimbursed
000184
Resolution No. 99-
Page 4
for actual mileage for trips on City business outside of
the six - county area (Santa Barbara, Ventura, Los Angeles,
San Bernardino, Riverside, and Orange). Mileage will be
calculated from the City as point of departure to the
destination.
Mileage expense for the use of a personal vehicle for
travel shall be at the rate currently allowed by the
Internal Revenue Service provided, however, that the
total expense of said travel shall not exceed the
combined total of the round -trip air fare to the
destination, plus the private vehicle mileage expense to
and from the airport and appropriate parking fees.
Attendance at a special meeting, for which funds are not
appropriated, in Sacramento /Washington, D.C. or other
City at which attendance by the City of Moorpark is
deemed urgent, and which occurs at a time which precludes
advance approval by the Council as a whole, may be
authorized by the Mayor and one other member of the City
Council, subject to the ratification of the expense and
appropriation of funds at the next regular Council
Meeting.
D. Council and Commissioner Expenses
The travel and expense reimbursement of members of the
Council, the Planning Commission, and the Parks, and
Recreation Commission shall be governed by the same rules
contained in this policy with the following exception.
The certified Claim for Expense Reimbursement form shall
be reviewed and subject to the approval of the City
Council Budget and Finance Committee. If a member of the
Budget and Finance Committee submits a Claim for Expense
Reimbursement, it shall be subject to the approval of the
two most senior, by tenure, members of the City Council
who are not members of the Budget and Finance Committee.
SECTION 4. POLICY 4 - REPORTS FROM APPOINTEES
1. Reports are required from appointees to the following:
Area Agency on Aging
Area Housing Authority
Poeei=19ai=lE Mesquite- Abatefaent D; s+-r .+-
Ventura County Transportation Committee
Air Pollution Control District Advisory Committee
2. A report shall be required for each scheduled meeting of the
agency, authority, district, commission or committee and is
000183)
Resolution No. 99-
Page 5
due in written form to the City Council five (5) days
following the meeting;
In lieu of a written report, an oral report may be presented
to the Council under the public comment portion of the next
regularly scheduled City Council meeting after the meeting of
the agency, authority, district, etc.
3. Where the City is represented by more than one person, the
appointees shall coordinate and collaborate their efforts so
only one report is presented to the Council.
4. If neither the appointee nor alternate is in attendance at a
meeting of the agency, authority, district, etc., or if the
meeting is canceled, that will be reported to the Council by
the appointee(s) as prescribed above.
SECTION 5. POLICY 5 - ADVERTISING AND APPOINTMENT POLICY
FOR CITIZEN APPOINTMENTS TO BOARDS,
COMMISSIONS AND COMMITTEES
1. At the end of each calendar year, a list will be prepared and
posted at the Community Center and Library of all citizen
appointive positions and their expiring term of office as well
as any requirements for the position. The list shall remain
posted for the month of January.
2. Not later than one month prior to the expiring term of office
of a citizen appointee, the City will post a notice of the
expiring term and advertise in a newspaper of local
distribution for interested persons in the appointive
position.
3. Interested persons will be asked to submit a City Board,
Commission, and Committee Application.
4. When an unscheduled vacancy occurs on the Planning Commission
or Parks and Recreation Commission, notice will be posted in
compliance with the Maddy Act requirements.
5. The City Clerk shall maintain a resource list of citizens who
have expressed an interest in serving as appointees on
advisory boards, commissions and committees and will have them
complete an application.
The annual assessment district mailer will include a request
for persons interested in serving as a City Council appointee
to contact the City Clerk.
(0tIn7_RG
Resolution No. 99-
Page 6
6. A press release on every vacancy shall be prepared and sent to
the Moorpark Star and all other papers of local distribution
regarding an expiring or unscheduled vacancy.
7. The Moorpark Internet Home Page shall carry the yearly
appointment list and a request for communication with the City
Clerk in the event a citizen has an interest in being placed
on the appointee resource list.
8. A notice regarding every vacancy shall be cablecast on the
City's governmental and information channel (Channel 10) along
with the request for communication with the City Clerk in the
event a citizen has an interest in being placed on the
appointee resource list.
9. As per Government Code Section 40605, the Mayor shall make all
appointments to boards, commissions and committees.
10. The procedure for appointments shall be as follows:
A. The Mayor shall solicit suggested nominees from members
of the Council.
B. The Mayor shall make a motion putting forth a single name
to be approved for appointment.
C. A second shall be required.
D. The Council shall vote on each appointment individually.
SECTION 6. POLICY 6 - CITY COUNCIL STANDING COMMITTEES
1. Standing Committees
The Council Standing Committees shall be:
Budget and Finance
Affordable Housing /Community Development
Economic Development
Public Works, Facilities and Solid Waste
Transportation and Streets
Each committee shall consist of two Council members and a
designated alternate. One member of the Budget and Finance
Committee shall be the Mayor or Mayor Pro Tem. This does not
preclude both the Mayor and Mayor Pro Tem from serving on this
committee at the same time. The Budget and Finance Committee
shall serve as the Mobilehome Hardship Review Panel, along
U®XIlls?
Resolution No. 99-
Page 7
with the mobilehome park owner, in compliance with Section
5.52.140.B of the Moorpark Municipal Code; however, if the
Mayor is not a member of the Budget and Finance Committee,
then the Mobilehome Hardship Review Panel shall consist of the
Mayor and the Mayor Pro Tem along with the mobilehome park
owner.
2. Committee Appointments
With the approval of the majority of the members of the City
Council, the Mayor shall make all appointments to Standing
Committees of the City Council, including the designated
alternate. The appointments shall be made at the first
regularly scheduled meeting in December of each year.
3. Alternates to Committees
To avoid potential Brown Act violations of having more than
two City Councilmembers consider an item at the committee
level, each City Councilmember should determine: a) pursuant
to applicable provisions of the Political Reform Act, if a
potential conflict of interest exists (consult with the City
Attorney if necessary); b) although there is no conflict of
interest under the Political Reform Act, there is a desire to
avoid an appearance of conflict; or c) if for other reasons a
decision is made not to participate. If a Councilmember
should so determine /decide not to participate, then that City
Councilmember shall contact the designated alternate to serve
in his /her place for that item. If the City Councilmember
determines /decides not to continue participating after having
been involved in Committee discussions of a specific item,
he /she should contact the City Attorney to determine if the
alternate can serve on the Committee for that item. If an
alternate has a conflict or otherwise is not available, the
Mayor shall serve or request another City Councilmember to
serve.
4. Ad Hoc Committee
Items shall be assigned to Standing Committees whenever
possible. If not so assigned, at the Mayor's discretion, an
Ad Hoc Committee shall be formed.
Ad Hoc Committees are not generally subject to the provisions
of the Brown Act unless composed of members other than less
than a quorum of the legislative body.
Resolution No. 99-
Page 8
5. Assigned Staff
Budget and Finance - Assistant City Manager
Affordable Housing /Community Development - Director of
Community Development
Economic Development - Assistant City Manager
Public Works, Facilities and Solid Waste - Public Works
Director
Transportation and Streets - Public Works Director
The City Manager may designate an alternate and /or substitute
as determined necessary.
6. Meeting Schedule
A regular meeting schedule for Standing Committees shall be
approved by minute action of the City Council at the first
regularly scheduled meeting in 4a -tau - December of__each year.
7. Agenda and Reports out of Committee.
The assigned staff person to a Council Committee will prepare
an agenda for the Committee meetings. In addition, the staff
person will provide action minutes to the full Council within
seventy -two (72) hours of the Council Committee meeting
showing the Committee's recommendation.
Concurrence with the staff's recordation of Committee
recommendation(s) to the full Council will be completed prior
to the adjournment of the Committee meeting in order to
accurately report to the full Council via the action minutes.
Action minutes will not be formally approved by the Committee.
8. Committee Assignments
The City Manager shall maintain a list of specific assignments
for each Standing Committee. The list shall be distributed to
the Mayor, City Council and City Staff each calendar quarter
(January, April, July and October).
9. Items Referred to Committee
Items may be referred to Committee from City Council approved
objectives; by the Council at a Council meeting; by staff; or
by an individual Councilmember.
000189
Resolution No. 99-
Page 9
10. Items Referred to the Full Council from Committee
A consensus of the Committee is required to send an item back
to the full Council. A consensus relative to a recommendation
on the item need not have been reached.
SECTION 7. POLICY 7 - PROCESS FOR PREPARATION OF INITIAL
DRAFTS OF ORDINANCES BY CITY
DEPARTMENTS (If the draft ordinance
is initiated by the Planning
Commission or Parks & Recreation
Commission, the process may deviate
from that outlined here.)
1. Step One - Staff confers with the City Attorney at a scheduled
meeting after first determining if the City Manager wants to
participate. Staff will bring any sample ordinance to the
meeting.
City Attorney to determine lead time (Step One to Step Six),
except when the City Manager determines that staff priorities
or Council direction require adjustment of the lead time, but
generally a minimum of two weeks in most instances will be
required -- possibly longer depending upon the length,
complexity of the ordinance and quality of the sample
ordinances. Agenda deadlines should be considered in
determining lead time. The meeting with the City Attorney
shall be scheduled on the first Wednesday afternoon of the
month by contacting the Executive Secretary.
2. Step Two - Staff confers with City Clerk for codification
determination and section number confirmation.
3. Step Three - Staff drafts the ordinance for content and format
and if necessary reviews with City Manager during the drafting
process.
4. Step Four - City Manager reviews draft ordinance.
5. Step Five - Modem draft ordinance to City Attorney. (Contact
the City Attorney's office to determine what type of word
processing file must be created to modem the file.)
6. Step Six - City Attorney reviews for content and form; makes
changes in legislative format and returns draft ordinance,
making comments if required.
0001.90
Resolution No. 99-
Page 10
Management staff, to the Management Analyst and Associate
Planner level, who are authorized by the Department Head, may
seek input directly from the City Attorney.
7. Step Seven - Staff reviews changes made by City Attorney, if
any, and discusses with City Attorney and City Manager as
needed. Meeting with City Attorney to be scheduled on the
first Wednesday afternoon of the month.
8. Step Eight
differences c
still unable
to recognize
9. Step Nine -
Attorney and
Recognize and reconcile differences. If
;annot be reconciled, talk to the City Manager, if
to reconcile differences, write the staff report
the points of disagreement.
If needed, schedule public hearing after City
City Manager have approved the draft ordinance.
SECTION 8. POLICY 8 - TEMPORARY USE PERMIT FEE WAIVERS
1. Once each calendar year, a City of Moorpark organization
having non - profit status may apply for and be granted a
temporary use permit fee waiver for one event.
2. The Director of Community Development shall waive a Temporary
Use Permit Fee pursuant to this Policy after an eligible
organization has submitted: a) a completed temporary use
permit application; b) a request for fee waiver; and c) proof
of non - profit status.
3. Examples for which Temporary Use Permits are issued are
special events such as Christmas tree sales, promotional
parking lot sales, church carnivals, Country Days and sidewalk
sales.
4. The Temporary Use Permit shall be issued for a single event of
less than thirty (30) consecutive days in duration.
SECTION 9. POLICY 9 - NON - PROFIT ORGANIZATIONS ANNUAL
FACILITY RESERVATION POLICY
1. Once each calendar year, a City of Moorpark organization
having a non - profit status, may reserve the Arroyo Vista
Recreation Center OR the Moorpark Community Center to hold one
(1) event with only direct staff costs being charged to that
organization.
2. Those � °cnts whieh -,ua';fyevents, which qualify, shall be of
a nature whereby the benefit of the event will serve the
0001.91.
Resolution No. 99-
Page 11
community and /or involve all those City residents who are
interested in this event. Examples for which these procedures
may apply include citywide events by Girl or Boy Scouts,
service organization events, including fund - raising
activities, and special events, such as Country Days, which
have a direct benefit to City residents.
3. Regular organizational meetings or activities shall not
qualify for this reduced fee.
4. Direct staff costs shall be defined as hourly staff costs,
including all personnel benefit costs required for the event.
5. The Director of Community Services shall waive the standard
rental fees pursuant to these procedures after an eligible
organization has submitted: a) a completed Facility
Reservation Form; b) a request for fee waiver; and c) proof of
non - profit status.
6. One -time events shall further be defined as an event for one
day per calendar year, not to exceed twelve (12) hours.
7. City staff shall maintain a record of each organization's
request for the one - time -event fee, and shall notify the
organization if they have already used their one - time -event
option within a calendar year.
SECTION 10. POLICY 10 - GUIDELINES FOR THE USE OF THE CITY'S
SOCIAL SERVICES ACCOUNT
1. Each Councilmember and the City Manager is authorized to
expend funds as the need may arise and receive reimbursement
for said expenditures from the City's Social Services Account
up to an amount not to exceed $200 per occurrence when said
individual has made this determination.
2. When said expenditure is made, the individual will cause the
reimbursement request to be placed on the City Council's next
regular meeting agenda for approval by the City Council.
SECTION 11. POLICY 11 - REFUNDS FOR BUSINESS REGISTRATION
The City will not issue refunds for business registration permits.
0®0192
Resolution No. 99-
Page 12
SECTION 12. POLICY 12 - FLAG ETIQUETTE
1. The Flag of the United States of America and the Flag of the
State of California will be displayed at each municipal
facility, which has an appropriate flagpole.
2. The National and State Flags are to be displayed daily from
the start of the business day through the close of the
business day during the normal work week. Flags may be flown
24 hours per day if appropriately lighted.
3. Flag etiquette allows the flag to be displayed during
inclement weather provided it is made of all weather material
(such as the flags the City uses). If it rains after raising
of the flag, the flag will remain on the pole. If it is
raining prior to raising the flag, the flag will not be
raised; however, it may be raised later, weather permitting,
and remain until close of the business day.
4. Flags will be flown at half -staff when ordered by the
President or the Governor of the State as follows:
President,
Ex- President or
President elect
Vice President, the
Chief Justice or
retired Chief Justice
of the United States or
the Speaker of the
House of Representatives
Associate Justice of
the Supreme Court; a
Secretary of an
executive or military
department; a former Vice
President; or Governor
of a State, territory
or possession.
Member of Congress
By order of the President
30 days
10 days
Day of death to day of
interment
Day of death and
day following
Period to be prescribed
000tg3
Resolution No. 99-
Page 13
By order of the Governor; Day of death to day
at the death of any local of interment
public safety officer
killed in the line of duty.
5. Flags will be flown at half -staff from the day of death to the
day of interment for any currently seated Member of the City
Council, Member of the City Council Elect or any previously
seated Member of the City Council.
6. Flags will be flown at half -staff from the day of death to the
day of interment for any currently serving City Manager or
City Department Head.
7. Flags will be flown at half -staff from the day of death to the
day of interment for any City employee killed in the line of
duty.
8. When a flag is no longer fit for display, it will be
destroyed in a dignified way such as by an American Legion
Post at Flag Disposal Ceremonies on Flag Day (June 14) each
year.
9. It is the responsibility of the Community Services Department
or the service contractor of an offsite municipal building
(such as City Engineering /Building & Safety) to display the
National and State Flags at municipal facilities in accordance
with the pamphlet AOur Flag" published by the Joint Committee
on Printing United States Congress by authority of House
Concurrent Resolution 361, 100th Congress (includes Title 36,
Chapter 10 of the United States Code).
10. The City Manager or his designee is to determine at what
location(s) flags are to be flown 24 hours and for ceremonial
purposes.
SECTION 13. POLICY 13 - CONFLICT OF INTEREST APPRAISAL
1. Conflict of Interest Appraisals shall be allowed as provided
below:
A. Two conflict of interest appraisals shall be allowed per
year per Councilmember.
B. One conflict of interest appraisal shall be allowed per
year per Planning Commissioner.
000.94
Resolution No. 99-
Page 14
C. One conflict of interest appraisal shall be allowed per
year per for the City Manager.
D. One conflict of interest appraisal shall be allowed per
year for the Director of Community Development.
2. The amount of funding for conflict of interest appraisals
shall be a budgetary consideration determined during the
budget process as the Council looks at actual projects that
are likely to be considered during the following fiscal year.
SECTION 14. POLICY 14 - SEXUAL HARASSMENT PURPOSE
The purpose of this policy is to define City policy with regard to
sexual harassment and to establish procedures to deal with sexual
harassment in the work place.
1. Policy
It is the policy of the City to promote and maintain a work
environment which is free from sexual harassment. The City is
committed to vigorously enforcing this policy. To this end,
guidelines which include disciplinary action including termination,
have been established to support this policy.
2. Procedure
A. Definition of Sexual Harassment
Unwelcome sexual advances (either verbal or physical),
requests for sexual favors and other verbal or physical
conduct of a sexual nature constitute sexual harassment when:
1. Submission to such conduct
implicit term or condition
promotion, salary increase,
is either an explicit or
for or of employment (e.g.,
transfer, etc.); or
2. An employment decision is based on an individual's
acceptance or rejection of that conduct; or
3. The conduct has the purpose or effect of substantially
interfering with an individual's work performance, or
creating an intimidating, hostile or offensive work
environment.
4. Examples of such conduct include but are not limited to:
a. Unwanted sexual advances;
000133
Resolution No. 99-
Page 15
b. Visual conduct including but not limited to:
leering, making sexual gestures or movements,
displaying of sexually suggestive objects or
pictures, cartoons or posters;
C. Verbal conduct including but not limited to: making
or using derogatory comments, epithets, slurs,
jokes, sexual advances or propositions;
d. Verbal abuse of a sexual nature, graphic verbal
commentaries about an individual's body, sexually
degrading words used to describe an individual,
suggestive or obscene letters, notes, voice mail or
E -mail messages, or invitations.
e. Physical assaults of a sexual nature, such as, rape,
sexual battery, molestation, or attempts to commit
these assaults.
f. Intentional physical conduct that is sexual in
nature, such as, touching, pinching, patting,
grabbing, brushing against another's body, or
poking another's body.
B. Management Responsibility
Sexual harassment, whether committed by City supervisors or
employees, is specially prohibited as being unlawful and
against stated City policy. In addition, the City will not
tolerate sexual harassment of City employees by non - employees,
such as elected or appointed officials, volunteers, vendors or
members of the public.
C. Policy Implementation
1. It is the responsibility of Administrators, Department
Managers, Supervisors and employees to make sure that
their facility or facilities are in compliance with this
Policy. All employees are accountable for compliance.
2. Employees who have complaints or who witness sexual
harassment must report such conduct using the complaint
procedure outlined in D. below.
3. It is the responsibility of the City's Personnel Director
to provide guidance, investigate charges of impropriety
and recommend appropriate action. All complaints must be
investigated. The City Manager and City Attorney will
0®01916
Resolution No. 99-
Page 16
provide guidance and assistance in proper handling of any
allegations.
D. Complaint Procedure
Any employee who believes that the actions or words of a
supervisor, co- worker, or non - employee such as elected or
appointed official, volunteer, vendor or member of the public,
constitute unlawful harassment, has a responsibility to act,
report or complain as soon as possible, in accordance with the
policy set forth below. The procedure identifies actions an
employee may take and establishes the persons with whom an
employee may appropriately report allegations of sexual
harassment.
1. Any employee who believes he or she is being harassed
should politely but firmly confront the harassing party
and demand that the behavior or action cease immediately.
If practical, the complaining employee should have a
witness present for the discussion and should document
the date, the content of the discussion and the harassing
party's response and reaction.
2. The employee should report any instance of unlawful
harassment to his /her supervisor or manager.
3. If the complaint involves a manager or supervisor, the
employee can go directly to the Personnel Director.
4. If the complaint involves the Personnel Director, the
complainant shall report the complaint directly to the
City Manager.
5. If the complaint involves the City Manager, the
complainant shall report the complaint to the Personnel
Director.
6. Investigation of the complaint will normally include
conferring with the parties involved, apparent witnesses
and the City Attorney. All involved employees shall be
guaranteed an impartial and fair investigation.
7. If the investigation reveals that the complaint is valid,
prompt attention and disciplinary action designed to stop
the harassment immediately and to prevent its recurrence
will be taken.
E. Non - retaliation
0003.97
Resolution No. 99-
Page 17
1. The City recognizes that the question of whether a
particular action or incident is a purely personal,
social relationship without a discriminatory employment
effect requires an impartial determination based on all
facts in this matter. Any employee bringing a sexual
harassment complaint or assisting in the investigation of
such a complaint in good faith will not be adversely
affected in terms and conditions of employment, nor
discriminated against or discharged because of the
complaint.
2. A record of a sexual harassment complaint brought in good
faith will not be included in the employee's personnel
file if the complaint is found to be unwarranted after
conducting an investigation. If a complaint is found to
be a malicious false accusation, the employee who brought
forth the complaint will be subject to disciplinary
action.
SECTION 15. POLICY 15 - CRIMINAL BACKGROUND CHECKS AND
SECURING RECEIVED CRIMINAL
.......................................................................................................- ................................................................................... ......._ ... _ ........_..._.
HISTORY INFORMATION
1. Policv Statement
A. The City of Moorpark ( "City") desires to identify those
prospective employees and volunteers who have a criminal
history so that information about criminal history can be
— — -- - - - - - -- ----- - - - - -- -- ---- - - - - -- -- --- ._..._... .......... --
used in employment decisions.
B. The Cif shall not consider a_ person who has been
convicted of a felony or misdemeanor involving moral
turpitude eligible for employment or to be a volunteer if
the felony or misdemeanor is to a crime specified in
Section 3 below as being relevant to the employment in
question or in the case of _a crime not actually listed it
is determined b ....... the City Attorney to be substantially
.. ..........._................... ...... -..
similar in nature to those listed that a reasonable
person would have had notice that such a crime would bar
employment.
2. Authorit
California Penal Code Section 11105 allows cities to obtain
state summary criminal background information from the
.................... .......... .....- _ - --
Department of Justice if the City Council_ has given the
Director of personnel authority to obtain such records. The
Director of Personnel has such authority pursuant to
Resolution No. 99- of the City Council.
0®01.98
Resolution No. 99-
Page 18
3. Applicability
A. The City shall obtain criminal background information on
.............. ..... . . .. . ....... . .................... . City ........ . . ............... . ............ .............................................. ......... - ----------- ------ background . .... ............... .. .......... - I ..... .......
all Prospective full-time and part-time employees and
- . . . . . ...... ........... .......... ........ . ... ................... - ............................. ......... - - --------------------- ................... . ........ ....... .. .... ..................................... . . ............ .......... = .......... ............. - .....................
volunteers, ...-
including police reserves. The City shall
not hire individuals if records show convictions of the
---
following crimes of moral tur2itude within ten (10) —
years
of the-date of ----- application f
or after hiring. (All o-th-e-
........ .... * --- - - -------- --- . .... - ----- ---------- - - - --- --------
following sections referenced relate to the California
State Penal Code.)
General:
Section 68: Asking for or receiving bribes
Section 72: Presentation of fraudulent
Section 503: Embezzlement - fraudulent
appropriation of property by a
person to whom it has been
n t- -r i i cz t-,=rl
Section 518: Extortion - obtain property by
a wrongful use of force or fear
- --------- -- --- -
or under color of official
.. ................. ..... . ....... ..'.'. . .................. . . .. . ................................. I .. . . . ...................
right
B. In addition to A, above, for positions relating to
interaction with minors, the following areas shall also
be grounds to not hire or for discipline up to and
............................ ...............
including termination.
1. Violations or attempted violations of Penal Code
.......... ...................... . ... . . ...... . ........................... . - ----------- .............. .............. . ...... attempted . ............. . ................. .................... ..................... .... . - ... . . . . . ..................... . . . I . . . ....... . ........... I ..........
Section 220, 261.5, 262, 273a, 273d, or 273.5, 288,
. ........ ............................... . .. 1 11 ............ . ....... . ........................... .. ..... .. .. ................ ........... ........... ..................... ........................................ .. ................... .............. . .... . .....
or anv sex offense listed in Section 290.
2. Any crime described in the California Uniform
....................... .. . ............. . ............................ .. . ...... ........ . .... * * * ... ....... .
Controlled Substances Act (Division 10 (commencing
00(;199
claims
Section
73, 74:
.
.. . ............... . .......
Bribes for appointment to office
Section
187, 189:
- ----------
Murder
--Section
209:
� for ransom, extortion
or
or robbery
Section
211:
.. ... .. ............. ....... I
Robbery - taking personal
property in possession of
someone by force or fear
Section
245:
Assault with deadly -weapon
- - - - - - ----------- .
Section
261:
..... . * .......... .. .....
_Rape
Section
451:
Arson of structure, forest land
or � oT
Section
..................... ..............................................
459:
.. ..................................... ............. . . .. .......
-21pertv
-------
Burglary
............ ................ ....................
Section
484:
Theft
Section 503: Embezzlement - fraudulent
appropriation of property by a
person to whom it has been
n t- -r i i cz t-,=rl
Section 518: Extortion - obtain property by
a wrongful use of force or fear
- --------- -- --- -
or under color of official
.. ................. ..... . ....... ..'.'. . .................. . . .. . ................................. I .. . . . ...................
right
B. In addition to A, above, for positions relating to
interaction with minors, the following areas shall also
be grounds to not hire or for discipline up to and
............................ ...............
including termination.
1. Violations or attempted violations of Penal Code
.......... ...................... . ... . . ...... . ........................... . - ----------- .............. .............. . ...... attempted . ............. . ................. .................... ..................... .... . - ... . . . . . ..................... . . . I . . . ....... . ........... I ..........
Section 220, 261.5, 262, 273a, 273d, or 273.5, 288,
. ........ ............................... . .. 1 11 ............ . ....... . ........................... .. ..... .. .. ................ ........... ........... ..................... ........................................ .. ................... .............. . .... . .....
or anv sex offense listed in Section 290.
2. Any crime described in the California Uniform
....................... .. . ............. . ............................ .. . ...... ........ . .... * * * ... ....... .
Controlled Substances Act (Division 10 (commencing
00(;199
Resolution No. 99-
Page 19
with Section 11000) of the Health and Safety Code),
-- --------- ............ .. .... . . ............. .... ... . . . ........ -- -
. - -------- - --- - ------- - ----------------------- - --- ---------------------- I ............ ---------
provided that, except as otherwise provided in
subdivision (c), no record of a '--misdemeanor
conviction shall be transmitted to the requester
unlessthe subject of the request has a total of -.1- .......................... ........... .. .. .... ..... ..................... - - -------- I . .......... ... ... ........... * ............... =- ... .. ..... .. . . . . . ........................... . . . ........ . ......... I .......... -- I ---- ............... . ---.
three or more misdemeanor or felony convictions
defined in this section within the immediately
preceding 10-year period.
3. Any felony or misdemeanor conviction within 10 years
of the date of the employer's request under
subdivision (a), for a- violation or attempted
violation of Chapter 3 of Title the California
........ ........ .. . .. I-- .................................. .. . . .. .... ... . .... ..... ..... I ............ Chapter . ....................... I . . ....... . ........................................................ ........... I ......... ..... I -- --- - . ............ 1.11 .............. -- I
Penal Code (commencing with Section 207), Section
211 or 215, wherein it is charged and proved that
the defendant personally used a deadly or dangerous
weapon, as provided in subdivision (b) of Section
.... .. . .. .. .. .. . ................................................... -.-I .................. . .... . . ..... . ....... . .... ------
12022, in the commission of that offense, Section
217. 1, Chapter 8 of Title 8 of the --- Penal - Code
(commencing with Section 236), Chapter 9
(commencing with Section 240), and for a violation
... ...... ... . ......................... .. ..... .. .. .. . - - - ---------------------------- -- ...... . .......... . . ................ .......................................................................... . . . .... . . .. . .... . .............. ............ . ........................ ...... .... --
of any of the offenses specified in subdivision ( c)
of Section 667. 5, provided that no record of a
misdemeanor conviction shall be transmitted to the
requester unless the subject of the request has a
.... . ............................. ... --.- ..... . ................ ............. . .... ...... .. . ........ I ....... ........... I... ................. . . -.— . ............
total of three or more misdemeanor or felony
convictions defined in this section within the
immediately preceding 10 -mar period.
4. Any felony or misdemeanor conviction under Penal
Code Section 311, et seq., photographic use of
children relative to sexual conduct.
C. In addition to those crimes listed in A, above, for
positions relating to use of public funds and public
records, the following shall also be grounds not to hire
or for discipline up to and including termination (all
.......... . ....... . ......................................... . ................... . ................... . ....... . ......... ..................................... -- termination ......... ............................. . .. ......... . ................................................
sections and titles referenced below relate to the
California State penal Code).
Section 115, 115.3:
Section 424:
Use of a false or forged
public record; alteration
of certified copy of
public record
Embezzlement and
................... --- .. . .... . .... . ....... . ........ ......... . .............................. ..... ............... . . -1-1-1
falsification of accounts
Title 13, Chapter 4: Any violation of forgery
and counterfeitina
0000200
Resolution No. 99-
Page 20
D. For positions requiring strict public confidence such as
City Manager,_City._Attorney, City Clerk, and Department
Heads, in addition to A, B, and C, above, any penal code
violation which resulted in conviction shall be grounds
not to hire and after hiring grounds for discipline ne u . p --- to
....... .... .......... . ........ ..... ... hire ------------------ I . ... .............. ......... .............. ......... .. . . .... . ................... ..... .. . ...................... . . ......... .................. 1 . ............
and including termination.
4. Assiqnment Responsibilit
It is the applicant's responsibility to report any conviction
or arrest pending final adjudication to the City. The
information shall be included on all employment applications.
Once a person has been hired this procedure,
............. .................... . ....... . . . . ............ ..... .. ..................... .. ........................... . .. . ... . ......... . .. . .................................. . .... . ..... . ......... . . . ... . .............. . ..... ....... I ................... I ....................... ...... . ............ ............ ........ ..........
convictions or arrests pending conviction which occur that are
in the list specified for that employee under Section -"- 3
above, the employee or volunteer shall report that conviction
or arrest to his or her supervisor who shall forward the
; ....... . . .. . .................... ........ . ... . . . ........................ .. . . . . . .... . .................... ....... ........... ... ... ... ... ..................... supervisor I . . ............................. . .. I ................... . .... . ............................................. ............. I.-I ................. - . .................. -.1.11.1..
information to the Department Head and Director of Personnel.
Alternatively, the Director of Personnel may be informed
directly.
5. Procedures
A. All prospective City employees and volunteers shall be
.... ... ... I .. .. .. ..... . . ....................... ... ...... prospective ... . ..... - .......... 11.1111 ... ............... I ... .. . ................... employees .......... . .... . . ........................... ................................... ............... . ......................................... .. ...................... ......
subject to a criminal records check as a condition of
........................ .. ...... . ......... .... ..... . ....... . ....... . ..... I ......... . .. . .............. . . . .................. . . . ... ... ........ . .................... . ... . ....................... . ....................... ....... .. . . . . .... . ........... ........... ...... ....... ..... . . ...
employment.
1. The City ....... _shall submit a completed Applicant
------------- . ................ . ........ completed ................ . . --- ---------- Applicant
. .................. -
Fingerprint Card to the Department of Justice
..... . . . ..... . ....................................... . .............. . . . .. ..... .. ..... ... . ... . ... . ................................. . ...... . ......................... . ...................................................... . . .. . . . . . ..................... ..... . ................... . ...... 1 ......... . ......... �. -
accompanied by any other forms or information
required by the Department of Justice in order to
obtain the criminal background information.
2. Any information obtained from the Department of
Justice shall be used to determine whether the
applicant shall be offered a position with the
city. ......
I . . . . . .....
.B. For any _employee -.-or .---volunteer who has been hired
subsequent to - th. e ..... ._._a
doption of ..... t.... I . h...... .. e . .... . . . . . . p .......o... . . . l .......i.......c........y........, ... ... .. . . . w. . .... h. .o .... .........p. . as....s. . .e... d
the
initial screening, the individual t sign a n
...... ...
acknowledgement that conviction of crimes listed in
Section 3, above, under their job category or determined
to be substantially similar by the City Attorney shall be
grounds. -- for disciplinary action u to and including
....... ... . ........................... .. . . .. . . ........................... I ................................ . ..... ...... ........... ............. . ......... . .... . . . ................ . ...... . ......... . ...... . . ......... ................. I .... . .. . . . . . .......................... ........-I . . . ........................ .. I
termination. Further, any such individual has the
responsibility to report any such conviction to the
Director of Personnel.
000VOK'-.1101L
Resolution No. 99-
Page 21
C. The City shall enter into a contract with the Department
of Justice so that any subsequent conviction or arrest
information concerning an employee that was originally
hired subject to this policy may be obtained.
1. Any information about existing employees' or
volunteers' convictions and /or arrests pending
adjudication shall be reported to the employee's or
volunteer's department head or the Di .. . . . . - - -- .........
Personnel.
2. Upon receipt of information regarding a conviction
...........
and /or arrest p. . e......n........d........i.......n.......q adjudication which is
-_-. ......... . ...... .........
specified as not acceptable for the given position
in section 3, above, the Department Head and the
Director of Personnel shall evaluate the effect and
potential effect of the employee's or volunteer's
......... . .....................
record or arrest on their position of employment,
fellow employees and the public, and shall take
a ro riate action to— maximize _ public safety and
minimize potenti._al_ liability while respecting the
rights of the employee or volunteer.
6. Confidentialit
State summary criminal history information is confidential_ and
shall not be disclosed, except to those individuals designated
to make employment decisions.
A. Pursuant to California Penal Code Section 11077, the
Attorney General is responsible for the security of
Criminal Offender Record Information (CORI) and has the
authority_ _ to establish regulations to assure the security
of CORI from unauthorized disclosures. The following are
requirements as prescribed by the State of California,
Department of Justice, Bureau of Criminal Identification
and Information Field O............................ erations and Record Security for
............................ - - -- ._........._........... - -._......._...._......._..._ �...._ ......................_.._ .......__..._...._....---._._._._.-......._......_._._...._...._.....................__........_._............... ......_......._.........._...._ _._._._... ...............................
any agency that maintains or receives criminal history
information.
1. Record Security: Any inquiries regardinq the
release, security or privacy of Criminal Offender
Record Information (CORI) are to be resolved by the
Director of Personnel.
2. Record Storage: CORI shall be under lock and key
and accessible only to the Director of Personnel
who shall be committed to protect CORI from
unauthorized access, use or disclosure.
000201%
Resolution No. 99-
Page 22
3. Record Dissemination: CORI shall be used only for
the purpose for which it was requested by the
Director of Personnel.
4. Record Destruction: CORI and copies of the same
shall be destroyed by shredding after employment
determination has been made.
5. Record Reproduction: CORI may not be reproduced for
dissemination.
6. Training: The Director of Personnel and employees
with access to CORI are required:
a.._ ..._...._._....._T_o..._.._read and ....__abide ......._b Y......._this .........p o l c �'.....
b. To be fingerprinted and have a clearance check
com leted,
C. To have on file a signed copy of the Emp�ioyee
Statement Form, attached _as_Exhibit A to this
resolution, for the Use of Criminal Record
_...._._ ................................................. _.. ........ _............................_._._.... ...................... - ......................................... .... _...................--......_._._._..........._. ............ ... ...... ..........
Information which acknowledges an
understanding of laws prohibiting misuse of
rnRT_
7. Penalties: Misuse of CORI is a criminal offense.
Violation of this policy regarding CORI may result
in suspension, dismissal, and /or criminal or civil
prosecution.
...................... _ _ ............
7. Monitorina of this Proaram
The Director of Personnel will monitor compliance with this
policy and all Department Heads shall assist the Director of
Personnel as needed.
SECTION 1 §6. This Council Policies resolution shall be
updated from time to time as needed, but not less often than
following each General Municipal Election beginning in 1998. The
revised resolution will be presented to the City Council for review
and adoption.
SECTION 1�&7. Resolution 98- 14541509 is hereby rescinded.
SECTION 18. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original Resolutions.
U ® ®�03
Resolution No. 99-
Page 23
PASSED AND ADOPTED THIS �a' 17" day of--S February,
.......... 1-1 ..........
199-99.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Employee Statement Regarding the Use of Criminal
Justice Information (Reference Policy 15)
Resolution No. 99-
Page 24
EXHIBIT A
EMPLOYEE STATEMENT REGARDING
THE USE OF CRIMINAL JUSTICE INFORMATION
As an employee or contract employee of the City of Moorpark, it may
be necessary for you to have access to confidential criminal record
information in making employment decisions. Access to such
criminal record information is controlled by statute. Misuse of
such information may adversely affect the civil rights of
prospective employees or volunteers, and violates the law. Penal
Code Section 502 prescribes the penalties relating to computer
crimes. Penal Code 11105 and 13300 identify who is permitted
access to criminal history information and under what circumstances
information may be released. Penal Code Section 11140 -11144 and
13301 -13305 prescribe penalties for misuse of criminal history
information. Government Code Section 6200 prescribes the felony
penalties for misuse of public records and California Law
Enforcement Telecommunications Systems (CLETS) information. Labor
Code Section 432.7 prescribes penalties for misuse of certain
criminal record information in employment decisions.
Penal Code Sections 11142 and 13303 state:
Any person authorized by law to receive a
record or information obtained from a record,
who knowingly furnishes the record or
information to a person not authorized by law
to receive the record or information, is
guilty of a misdemeanor.
Any employee who is responsible for such misuse of criminal record
information may be subject to discipline up to and including
immediate termination. Violations of this law may also result in
criminal and /or civil action.
I HAVE READ AND UNDERSTAND THE ABOVE AND "CITY OF MOORPARK POLICY
FOR CONDUCTING CRIMINAL BACKGROUND CHECKS AND SECURING RECEIVED
CRIMINAL HISTORY INFORMATION." I AM AWARE OF THE STATUTES AND
POLICIES PERTAINING TO THE MISUSE OF CRIMINAL RECORD INFORMATION.
Signature
Typed /Printed Name of Employee
Date