Cumby City Council Regular Meeting Agenda Tuesday, February 11th, 2020  City Hall - 100 East Main Street, Cumby, Texas  6:30 p.m.  I. II.  Call to Order Establish quorum  III. Invocation IV. Pledge of Allegiance V. Reports  A. Police Department B. Maintenance Department C.F Fire Department VI. Consent Agenda  A. Approve minutes of January 14th, 2019 regular Meeting.  B. Approve January financials.  VII. Announcements  Announcements are provided on each agenda SO that City Staff, Mayor, Council Members and members of the public may make announcements concerning matters of public recognition or upcoming events of local and regional significance; to advise the public of opportunities for service, recognition or recreation within our community; and to provide community charitable, civic, and philanthropic organizations the chance to broaden their appeal by the timely publication of details of their programs and activities. To utilize this opportunity, members of the public may contact the Mayor, City Secretary or City Council Members with details of their events, or may, appear at City Council Meetings and make their own announcements. Announcements" shall be limited to the recitation of facts about the subject events, congratulatory or approbative statements concerning service to the City or the community, and invitations to participation at various events. No deliberations concerning the details of  upcoming events shall be conducted  VIII. Presentation by Citizens (Please Limit To 2 Minutes)  (At this time we would like to listen to any member of the audience on any subject matter, whether or not that item is on the agenda. All comments are limited to a maximum of two (2) minutes for each speaker. Speakers making personal, unfounded, profane or slanderous remarks may be removed from the room. In accordance with the Open Meetings Act, the Mayor and Aldermen are restricted from discussing or taking action on any items not listed on the agenda. Action can only be taken at a future meeting. When your name is called, please come to the front and state your name and address clearly before making your comments. Thank you  for) your cooperation).    X. Old Business  A. Discuss and consider possible action approving the city employee B. Discuss and consider possible action amending zoning Ordinance 2010- 4f for Mobile Homes and HUD-code Manufactured Homes in the City  manual. limits.  XI. New Business  A. Consider and take necessary action to adopt a resolution adopting B. Consider and take necessary action to adopt a resolution designating C.D Discuss and consider possible action to open a non interest bearing D. Consider and take necessary action to adopt a resolution amending its previous resolution calling for a special election to fill a city council vacancy for Alderman, Place 1, to be held on May 2, 2020, making provisions for the conduct of the special election, authorizing a contract with Hopkins County to furnish election services and equipment. E. Consider and take necessary action to adopt a resolution amending its previous resolution calling for a special election to fill a city council vacancy for Alderman, Place 2, to be held on May 2, 2020, making provisions for the conduct of the special election, authorizing a contract with Hopkins County to furnish election services and equipment. F.D Discuss and consider possible action on the cost share of the May 2, G. Discuss and consider possible action for implementing a City of Cumby H. Discuss and consider possible action on city activities and events.  necessary civil rights and fair housing policies. authorized signatories for the CDBG grant. account with Alliance Bank for the CDBG grant.  2020 Special Election with Cumby I.S.D.  book exchange box.  XII. Executive Session  Discussion and Convene in executive session under Texas Government Code 551.074 - Discussion and/or action involving the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; 551.071 - Consultation with attorney A. Discuss and consider possible action on the appointment of City Discussion and Convene in executive session under Texas Government Code 551.074 - Discussion andlor action involving the appointment,  Judge.    employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; 551.071-Consultation with attorney  B. Discuss Personnel. XIII. Reconvene in regular session  Announcement of Executive Session and Consideration of Motions authorizing Attorney consultation on any regular session agenda item requiring confidential, attorneylclient advice necessitated by the deliberation or discussion of said item where counsel's duty to the City conflicts with the Open Meetings Act  any necessary action as a result of the Executive Session.  XVI. Adjournment  Ifd during the course of the meeting, any discussion of any item on the agenda should be held in closed session, the Council will convene in such executive or closed session in accordance with the following: 1) VTCA Government Code 551.071 - Consultations with legal counsel concerning pending or threatened litigation or matters where counsel's duty to the City conflicts with the Open Meetings Act; 2) VTCA Government Code 551.072 - Deliberations regarding the purchase, sale, lease or exchange of real property; 3) VTCA Government Code 551.073 - Deliberations regarding prospective gifts or donations; 4) VTCA Government Code 551.074 - Deliberations regarding personnel of the City; 5)VTCA Government Code 551.076- Deliberations regarding the deployment of security devices or the implementation of security policy; and VTCA Government Code  551.087- Deliberations regarding Economic Development negotiations.  CERTIFICATION  1,Codi Reynolds, City Secretary for City of Cumby, hereby certify that the above notice of meeting and agenda was posted on the Public Notice Board at Cumby City Hall, 100 East Main Street, Cumby, Texas on February 7th, 2020 at 3:00 p.m.  Coli Reyabb Codi Reynolds, City Sécretary    MAINTENANCE REPORT  FOR THE MONTH OF JANUARY THE MAINTENANCE DEPARTMENT:  COMPLETED 31 WORK ORDERS  REPAIRED 2 LEAKS BLEW OUT: 2 SEWERS FILLED 1POTHOLE  INSTALLED 2 NEW METERS REPAIRED 2 STREET SIGN    Regular Meeting Minutes of the City Council oft the City of Cumby  Tuesday, January 14, 2020 Cumby City Hall  PRESENT:  Doug Simmerman Betty McCarter Julie Morris  Guy Butler  I. II.  Mayor Pro Tem Doug Simmerman called the meeting to order at 6:30p.m.  Invocation and Pledge of Allegiance Citizens in attendance. III. Announcements  Invocation was led by Deidra Maples and the pledge was recited by the mayor, Council, and  Judy Machon announced The Larry Buster Memorial Sulphur Springs Kids' Trout Fishing Day  on February 8, 2020 from 10:00 a.m. to 2:00 p.m. in Sulphur Springs.  IV. Citizens addressed the council.  Donna Saucier addressed the council regarding changing the street name of I-30 service road int the city limits. She is ok with the name change but wants to wait until after elections.  V.  Reports  A. Paul Roberts submitted the Police Department report. B. Mayor Doug Simmerman submitted the Maintenance report. Dusty Miller submitted the Fire Department report.  VI. Consent Agenda  A. Approve minutes of the December 10, 2019 regular meeting  Betty McCarter motioned to approve the minutes and. Julie Morris seconded the motion.  The motion passed 3-0. B. Approve the December financials motion. The motion passed 3-0.  Julie Morris motioned to approve the December financials and Guy Butler seconded the  VII. Old Business  A. Mayor Doug Simmerman explained that Mike Ward was not able to schedule The City of Cumby for the financial audit upon approval of his company. Mike Ward was    unable to fiti into his schedule. Betty McCarter motioned to rescind the action approving Mike Ward fori the Annual Financial Audit. Guy Butler seconded the B. Betty McCarter motioned to use Evans & Knauth for the financial audit. Julie Morris Mayor Doug Simmerman stated that the City's main focus is helping out the citizens that live on the service road not only with mail buti in case ofe emergency. Andy Endsley stated that once approved the process is handled very quickly through ATCOG. Mr. Endsley thinks for emergency response iti is best to name 2 separate names. Numbers will be kept odd on the north side and even on the south side. The 1-30: service road willl be changed to Black. Jack Road on the North side with odd numbers. The south side oft the service road willl be changed to Grove Road with even numbers. Betty McCarter motioned to approve the name change and. Julie  motion. The motion passed 3-0.  seconded the motion. The motion passed 3-0.  Morris seconded the motion. The motion passed 3-0.  VIII. New Business  A. Andy Endisey addressed the council and citizens in attendance regarding the Interlocal agreement with Hopkins County Fire. He explained that this is should have actually been done al long time ago. Itis a yearly agreement. He explained that by executing this agreement the fire marshal of Hopkins County can now come ini if needed fori investigations and soi forth. By doing sO this helps cover the legalities since the City of Cumby does not have at fire marshal. Guy Butler motioned to approve the Interlocal Agreement with Hopkins County Fire and Betty McCarter B. Betty McCarter motioned to approve the Interlocal agreement with ATCOG for city 9-1-1 addressing. Julie Morris seconded the motion. The motion passed 3-0. The council discussed converting to AVR, Inc. fori the water billing software. Iti is more user friendly for the customers. AVR, Inc. would be an expansion of NetData which is used on the Court side. Iti is compatible with RG3 Meters. Julie Morris motioned to approve converting to AVR, Inc. and Guy Butler seconded the motion. D. The council held a Public Hearing to discuss amending ordinance 2010-4 prohibiting mobile homes/ HUD manufactured homes inside the city limits. City Attorney, Jay Garrett stated this ordinance would not prohibit replacement of any existing mobile homes or HUD manufactured homes. Any existing would be grandfathered in. The city council serves as the zoning commission. Mayor Doug Simmerman stated that the purpose of this amendment to the ordinance is to help to see more permanent structures. City Attorney, Jay Garrett stated that this would not permit tiny homes from being built as long as they are not prebuilt and towed in. Citizen Ryan Horne stated that he doesn't think thisi is a direct attack towards anyone but rather a way of building up our community. Citizen Steve Casto stated that the tax base would go  seconded the motion. The motion passed 3-0.  The motion passed 3-0.  upi if stick homes are built.    E. Julie Morris motioned to approve amending Ordinance 2010-4. The motion died for F. The council discussed the ordinance for collecting delinquent money for closed utility accounts. This ordinance gives multiple options for collection such as lien, a crime, and a collection process. This ordinance isav way to help protect the city.. Julie Morris motioned to approve the Ordinance 2020-02-01 and Guy Butler seconded G. Betty McCarter motioned to approve removing Chief of Police, Paul Robertson off of seizure account ***0358 and adding City Secretary, Codi Reynolds as a signer. Guy  lack of a second. No action was taken.  the motion. The motion passed 3-0.  Butler seconded the motion. The motion passed 3-0.  IX. Entered into Executive Session  The City Council oft the City of Cumby entered into Executive Session (Closed Meeting) at 7:20 p.m. pursuant to the provisions of Chapter 551, Subchapter D, and Texas Government  Code, to discuss the following: A. Discuss Police Department Exited Executive Session  X.  The City Council of the City of Cumby reconvened into Regular Session (Open Meeting) at 7:37 p.m. pursuant to the provisions of Chapter. 551, Subchapter D, and Texas Government  Code, to discuss the following:  A. Mayor Doug Simmerman announced that no action was taken.  XI. Mayor Doug Simmerman adjourned the meeting at 7:37 p.m.  Approve:  Attest:  Doug Simmerman, Mayor Pro Tem  Codi Reynolds, City Secretary    11:19 AM 02/04/20 Accrual Basis  City of Cumby Balance Sheet As of. January 31, 2020  Jan: 31,20  ASSETS Current Assets Checking/Savings Pending Seizure Account General Bank Accounts Arson General Operating Municipal Court Security Municipal Court State Fees Municipal Court Technology Parks & Recreation Police Training Seizure General Bank Accounts Other Total General Bank Accounts Utility Bank Accounts Water & Sewer Street Maintenance Water Deposit Account Obligation Total Utility Bank Accounts Total Checking/Savings  8,155.03 403.36 6,058.07 2,531.07 46,028.74 901.25 959.84 126.85 287.90 454.39 56,842.69 304.18 848.25 1,579.38 6,774.92  9,506.73 74,504.45    11:18 AM 02/04/20 Accrual Basis  City of Cumby Profit & Loss January 2020  Jan 20  Ordinary Income/Expense Income Subdivision Fees-PD Fines Service Fee Collected Fines Other Total Fines Interest Earned Public Safety Department Accident Report Total Public Safety Department Tax & Franchise Fees Property Reduction Sales Tax Property Tax Sales Tax Street Sales Tax Total Tax &F Franchise Fees Water- Sewer Water- Sewer Adjustments Garbage Revenue Late Fee Reconnect Fee Sales Tax Collected Service Fee Collected Sewer Revenue Tapi fee Water Revenue Water Deposits Applied Water Revenue Other Total Water Revenue Total Water- Sewer Water Deposit Total Income Expense Administration Reimbursement for Travel/Gas Insurance Mayor/Council Monthly Fee Membership Office Supplies Postage Property Tax Fees Public Notice Technology Telephone Utilities Total Administration Debt Service Payment Processing Center Total Debt Service Mayor & Council Mayor & Council Expense Total Mayor & Council  90.00 93.40 81,077.65 81,171.05 2.12 52.00 52.00 1,449.00 19,962.97 5,796.01 1,449.00 28,656.98 -92.26 5,348.36 896.50 35.00 604.87 463.50 7,530.64 3,500.00 500.00 15,930.26 16,430.26 34,716.87 125.00 144,814.02 680.90 7,069.25 225.00 567.00 363.79 581.39 6,696.65 114.10 5,522.50 345.33 3,416.02 25,581.93 6,834.30 6,834.30 150.00 150.00  Page 1    11:18 AM 02/04/20 Accrual Basis  City of Cumby Profit & Loss January 2020  Jan 20 668.27 4.09 667.70 160.00 30,179.50 126.13 100.00 31,905.69 49,795.23  Municipal Court Collection Service Fee Convience Fee Report Fee Security State Fees Telephone Travel &Training Total Municipal Court Payroll Expenses Public Safety Police Department K-9 Legal Fees Auto Repair & Maintenance Fuel Office Supplies Uniforms Total Police Department Total Public Safety Public' Works Street Repair Total Public Works Water/Sewer Mowing Automobile Repairs Chemicals Deposit Refund Equipment Repairs Garbage Collection Fee Legal Fee Maintenance Office Supplies Operating Supplies Permit Postage Sales Tax Paid Testing Tools & Equipment Utilities Total Water/Sewer Total Expense Net Ordinary Income Net Income  211.85 305.00 1,231.02 1,352.48 16,960.97 94.17 20,155.49 20,155.49 300.00 300.00 2,000.00 2,280.90 43.72 563.49 881.03 4,696.81 12,156.30 1,599.18 208.57 834.48 48.63 268.55 1,302.56 100.00 437.56 210.39 27,632.17 162,354.81 -17,540.79 -17,540.79  Page 2    88            GITY OF * CUMBY  1856  CITY MNIL OE ILIEVS CUMBY  CITY OF CUMBY  PERSONNEL POLICY  &  EMPLOYEE HANDBOOK    TABLEOF CONTENTS  .  GENERAL A. Definitions B. Purpose  Intent Not to Discriminate D. Role of Mayor and City Council - Collective Bargaining F. Probationary Period G. Duty of Employees H. At-Will Employment - - Background Test Personnel File DRUG AND ALCOHOL POLICY A. General B. Definition of Drug - Policy D. Testing A. Definition B. Policy - Responsibility D. Procedure for Complaint  II.  III. SEXUAL HARRASSMENT POLICY  IV. WAGES AND HOURS A. Wages  B. Pay Raises/ Promotions Retirement Plan D. Hours of Work in General . Compensatory Overtime (Comp Time) F. Holidays VACATION A. In General B. Accumulation of Vacation D. Scheduling E. Extension of Vacation VI. OTHER ABSENCES FROM WORK A. Family Death Leave B. Emergency Situations of Evacuations .I Injuries on the. Job D. Jury Duty and' Witness Service  V.  T Termination of Employment- Vacation Leave Earned    E. Family and Medical Leave Act F. Additional Leave Without Pay  VII. DISCIPLINARY ACTION A. General B. Prohibited Activities A Appeals VIII. USE OF CITY PROPERTY A. General C. Use of City Vehicles  B. Use ofTools, Equipment, and Property D. Vehicle Insurance and Accident Reporting  IX. SAFETY A. Purpose B. Report of Accident F Reporting an Unsafe Act D. SafetySuggestions PROFESSIONAL DEVELOPMENT: A. General Policy  X.  B. Required Attendance at Seminars and Conferences V Water and' Wastewater Licenses D. Professional Memberships and Seminars E. College Courses and Educational Programs  XI. MISCELLANIOUS  A. Appearance and Dress B. Bereavement Policy C Outside Employment D. Family Friendly E. Resignation F. Severability G. Sign and Accept    GENERAL  DEFINITIONS  As used ini this policy, the following terms shall have the following meanings:  Anniversary Date: Refers to any anniversary date as determined from a given employee's first  active day of employment, not from the day of his/her hiring.  City: Refers to the City of Cumby, Texas.  Driver: Employee operating a City owned or City rented vehicle.  Employee: Any person employed by the City of Cumby whoi is receiving compensation from the City for services rendered or labor performed and has been appointed byt the City Council or hired by al Department Head (Public Works Director or City Secretary). Employee does not Full-Time Employee: An employee, who after completing his/her probationary period (as defined below) has been assigned to work a required minimum 30 hours each of every week, for 52 consecutive weeks per year (exclusive oft time off provided for this policy) on a permanent basis. Full-time employees are eligible to receive all benefits offered by the City. Part-Time Employee: Employees who have been hired on a temporary basis with theirj job lasting less than a year whether working 40 hours or less; or employees hired to work less than 30 hours per week and given specific designation of part-time employee. Part-time employees Immediate Family: Shall include employee'sspouse, spouse's parents, parent or step-parent, child or step-child, grandparent, grandchild, brother or step-brother, and sister or step-sister. Policy: Refers to this current version of the Personnel Policy & Employee Handbook. Probationary Period: Alli full-time employees shall be subject to a ninety (90) day probationary period, after which time, if such probation is successfully completed, an employee shall be  include individuals under ("Contract Labor").  are not eligible for city benefits.  given all benefits available at the time offered at the time by the City.  PURPOSE  This policyi is intended to conform toi the laws of the State of Texas in regards to municipalities and to conform to the applicable Federal Laws, and nothing in this policy is intended to supplant, replace, or countermand State or Federal Laws, nor to change or vary any rights or duties of City employees under State or Federal Law. This policy represents an effort to establish governing upon which a progressive program of employee relationship may be based, and by doing so to make the City a more attractive place to work. It is understood that this policy will require modification from time tot time and it should not be regarded as fixed or unchangeable, but subject to growth and change. Nothing herein shall give any employee a    property interest in maintaining employment. All employees may bei terminated at any time  without cause, at the will and discretion oft the City Council.  INTENT NOT TO DISCRIMINATE  The City will comply with the Civil Rights Act of 1964 (P.L. 88-352) and subsequent amendment thereto, and will not discriminate in its policies because of handicap, race, color, creed, national origin, religion, sex, or age. However, it must be recognized that in certain job classifications and performance oft the duties of certain positions, qualifications set that may be direct or restrict, in certain cases the field of applicants to those who qualify for that particular position. Iti is also recognized that, by virtue of certain state laws, restrictions will be placed on positions that require certain educational and experience qualifications. Such restrictions, when applied, will be applicable to all candidates for the position without regard tol handicap, race, creed, color, national origin, sex, or age, as the case may be. It is also the policy oft the City of Cumby to comply with Equal Opportunity Legislation and shall be cited as an Equal Opportunity Employer. The City Council is the policy making body of the City, and the Mayor is its presiding officer as well as the person who normally represents the City on ceremonial occasions. The Mayor and Council may carry out all duties provided by any ordinance or law. The Mayor and Council may freely communicate with employees for purposes ofi inquiry and  ROLE OF MAYOR AND CITY COUCIL  oversight, subject to the Open Meetings Act.  COLLECTIVE BARGAINING  Section 617.002, Texas Government Code, prohibits a municipality from recognizing any individual, group ofi individuals or organizations, as representatives oft their employees fori the  purpose of collective bargaining. PROBATIONARY PERIOD  During thei first ninety (90) calendar days after the original employment, each employee shall be considered a probationary employee. The Mayor, Council, or Department Head (whichever applicable to that particular employee) shall use the probationary period to closely observe and evaluate the work and fitness of employees and to encourage adjustment to their job. Only those employees who meet acceptable standards during their probationary periods shall be  retained. DUTY OF EMPLOYEES  Employees are expected to render efficient and steady service tot the City and recognize, through their compliance, the right oft the City Council to establish rules and regulations governing the work and conduct ofi its employees. All employees are expected to deal with fellow employees, supervisors, Council, Mayor, and especially the public in a courteous and professional manner. Each citizen is to receive the employee's prompt attention to his/her request and problems. When an employee is away from the City representing the Cityi in an    official capacity, he/she will act in accordance with his/her position to bring respect and honor  tot the City.  AT-WILL EMPLOYMENT  Employment with the Cityi is for no fixed or definite term. All employment by the City has been and continues to be at-will, except for those positions that may have a written contract approved by the City Council. That means both the employee and/or the City have the rightt to terminate employment at any time, with or without notice, and with or without cause. Although adherence to this Policy is considered a condition of continued employment, this Policy does not constitute a contract of employment. Nothing in this Policy is intended to alter the continuing at-will status of employment with the City. Nothing contained in a City Ordinance or resolution constitutes a contract of employment, and the City has the right to change the content of City Ordinances or Resolutions related to employment matters at any  time, with or without notice, and with or without cause.  BACKGROUND TEST  All applicants shall be required to agree to a background test prior to employment to check for criminal history. The City Council shall designate the agency to run the background check, and it Due to sensitive nature of holding an position in a municipality, the City Council will consider  will be performed ati the City's expense.  any criminal background on a case-by-case basis.  PERSONNEL FILE  The City of Cumby maintains an official personnel file on each employee including such information as the employee's) job application, resume, performance evaluation forms,  personnel action forms, and other employment records.  Restrictions & Confidentiality of File  Personnel files are the property of the City, and access to the information they contain is restricted. However, release ofi information contained in the personnel file is subject to the Public Information Act (PIA). Information contained ini the personnel file, except information deemed confidential by law or other information that is excepted from disclosure under the PIA, may be released pursuant to such Act. Additionally, direct or hiring supervisors and management personnel of the City who have legitimate reason may review information in a file. Medical records are maintained separate from the personnel file and will not be released to the public, unless required by law. An employee or former employee may choose not to allow public access to information that relates to the employee's home address, home telephone number, or social security number, or that reveals whether the employee has family members, by signing a written Public Access Non-Disclosure form at the time of employment, termination, or retirement. An employee or former employee may also later choose to open or  close access to such information.    Employee Access to File  Employees who wish to view their own file shall contact the City Secretary to schedule an appointment. With reasonable notice, employees may review their own personnel file in the presence oft the City Secretary or assistant City Secretary. The employee may review the files and take notes or request copies of select pages but shall not add or remove anything from  their personnel file at that time. Personal Data Changes  Iti is the responsibility ofe each employee to notify Human Resources (City Secretary's Office) of any changes in personal data, such as personal mailing addresses, telephone numbers,  emergency contact, insurance data, etc.  DRUG AND ALCOHOL POLICY  GENERAL  The City of Cumby is committed toi the principal of keeping illegal drug use out oft the workplace and society in general. Drug use in the workplace endangers fellow workers, public safety, employee morale, and production. Moreover, the Texas legislature has passed an act that requires employers to adopt a Drug Abuse Policy. Accordingly, the following policyi is implemented in accordance with the Drug Free Workplace. Act of 1988 to help insure and maintain a drug free, healthful, safe, and secure working environment.  DEFINITION OF DRUG  For the purpose oft this policy the definition of a "drug" includes alcoholic beverages, inhalants,  illegal drugs, and misuse of prescription drugs.  POLICY  The unlawful manufacture, distribution, dispensation, possession, or use of a drug on City premises is absolutely prohibited. Violations of the Policy will result in disciplinary action, which, at the City's discretion and depending upon the seriousness oft the violation, may range from required participation and successful completion in a rehabilitation program to termination of employment. Depending upon the circumstances, other action, including notification of appropriate law enforcement agencies, may be taken against any violator oft this Policy. In accordance with the Drug Free Workplace. Act of 1988, as a condition of employment, employees must comply with this Policy, and notify their immediate supervisor within 5 days of the conviction for any criminal drug violation occurring int the workplace. Failure to do sO will result in immediate termination of employment. The City will ini turn, as required by the Act, report such convictions within 10 days of learning the conviction to the appropriate federal  agency. TESTING  All applicants shall be required to have a urine test for the purposes of determining drug abuse prior to employment. The City Council shall designate the laboratory used for the test, and the  test will be ati the City's expense.    SEXUAL HARASSMENT POLICY  DEFINITION  Sexual Harassment is any repeated or unwanted verbal or nonverbal sexual advances, sexually explicit derogatory remarks, or statements made in the workplace which the person making such actions or statements knows or should know are offensive or objectionable to another; which causes another discomfort or humiliation; or which interferes with job performance; and A. Submission toi the conduct us either an explicit or implicit term or condition of B. Submission or rejection oft the conduct is used as a basis for employment decisions The conduct has the purpose or effect ofs substantially interfering with work performance, or creating an intimidating, hostile, or offensive work environment. Sexual Harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, and that lowers morale, and  which includes the following: employment, or, affecting the employee, or,  therefore interferes with work effectiveness.  POLICY  The City will maintain a workplace free of sexual harassment or intimidation. Conduct violation of this policy is not within the course and scope of employment and may subject the person participating in such conduct to criminal prosecution. The City will not tolerate such conduct on the part of any officers or employees. A finding of sexual harassment can result ina warning in the harasser's personnel file, demotion, suspension without pay, or termination.  RESPONSIBILITY  Department Head's Responsibility  Each Department Head has a responsibility to maintain the workplace free of sexual harassment. This duty includes discussing this policy with all employees and assuring them that they are not to endure insulting, degrading, or exploitative sexual treatment. Each supervisor has the responsibility to assist any employee who comes to that supervisor with a complaint of  harassment.  Employee's Responsibility  Any employee who believes he or she has been subjected to harassment prohibited by this policy should immediately tell the harasser to stop his/her unwanted behavior and immediately Any employee who believes that he or she is being harassed should report the incident(s) to his/ her Department Head as soon as possible sO that steps may be taken to protect the employee from further harassment, and sO that appropriate investigative and disciplinary measures may bei initiated. Where it is not practical to report the incident(s) to the Department  report that behavior as outlined below.    Head (such as where the Department Head is unavailable or where the allegation of misconduct involves the Department Head) the employee may instead report the incident(s) to the Mayor. Ifan employee becomes aware of harassing conduct, regardless of whether such harassment directly affects the employee, the employee should immediately report that information to  his/her Department Head or the Mayor. Administration's Responsibility  Department Head's shall immediately inform the Mayor about any incident(s) reported to them  by employees.  The Mayor shall respond to all complaints in accordance with this Policy. sexual harassment complaints or assist ini investigating complaints.  The Mayor shall prohibit retaliation of any kind against employees who, in good faith, bring  PROCEDURE FOR COMPLAINT Complaint to Be In Writing  The employee alleging sexual harassment must provide details of the alleged conduct in writing in order for the City to pursue the complaint. Ift the complainant refuses to provide details sufficient to allow the City to properly investigate the complaint, the matter may or may not be further investigated by the City. The determination as to whether further investigate shall be at  the discretion of the Mayor and the City Attorney.  Investigation  Immediately upon receipt of a complaint of sexual harassment, the Mayor will conduct a thorough investigation to determine if sexual harassment has occurred ori if any policy has been breached. If such investigation confirms the allegation, appropriate disciplinary action, up to and including termination, will be taken. Any evidence deemed relevant may be considered during the investigation and review of the complain including but not limited to:  Nature of seriousness oft the complained action; The effectiveness and advisability of counseling; Any contribution on the part oft the complainant. Suspension Without Pay During The Investigation  Ift the circumstances warrant, the respondent may be suspended with or without pay fora a  period not to exceed two (2) weeks, pending a complete investigation.  Respondent's Written Answer  After the Mayor has completed the initial investigation, the respondent will be given a copy of the complaint filed against him or her and shall be informed of the seriousness oft the allegation. The respondent will have the opportunity to respond to the allegation in writing within forty-eight (48) hours after the receipt of a copy of the complaint. In the event the    respondent requires additional time to prepare a response, the respondent may request additional time from the Mayor. A request for additional time may or not be unreasonably  denied. Decision  Following the receipt of the respondent's answer and the completion of any additional investigation, a written decision will be delivered to the complainant and the respondent. The decision mayi include, but should not necessarily be limited to, no adverse personnel action, counseling, admonishment, reprimand, demotion, suspension with pay, suspension without  pay, and/or termination of employment. Sexual Harassment Complaint Records  All records concerning a sexual harassment complaint shall be kept locked in ai file in the City Secretary's office. Access shall only be with the Mayor's approval to parties who have a direct and relevant need to know, unless access is otherwise required by state law.  WAGES AND HOURS  WAGES  The wage of each new employee shall be set by the appropriate Department Head and approved by the Mayor. New Department Heads appointed by the Council will have wages set by the council. All salary increases/decreases are: set and approved byt the Council. Payments to Pay periods are from 12:00 a.m. Friday to 11:59 p.m. Thursday. Payroll will be disbursed weekly; pay day is every Thursday, unless it falls on an officially approved holiday, in which case  employees will be in compliance with the Fair Labor Standards Act.  pay day will be the day before the holiday begins.  PAY RAISES AND PROMOTIONS  No employee is entitled to a pay raise or promotion solely by the virtue of being with the City for a particular length oft time or solely by the virtue of seniority over other employees. No employee is automatically entitled to a pay raise each year; however, cost of living raise will be considered during a yearly review. All raises and promotions, ifany, will be given on a basis of  merit, oft the best interest of the City, and funds available toi the City.  RETIREMENT PLAN  Full time employees are required to participate in the City's retirement plan through Texas Municipal Retirement System. Employees contribute 5% of their gross weekly pay, which is payroll deducted and pre-tax. The City matches each employee's contributions with an equal amount. Employees are considered "fully vested" after 5 years of continuous employment with  the City.    HOURS OF WORK IN GENERAL Regular Work Hours  Non-exempt employees normally work 40 hours in a seven-day workweek. Exempt employees may be required to work more than 40 hours in certain weeks. The workweek begins at 12:00 a.m. Friday and 11:59 p.m. Thursday. The regular workday normally begins at 8:00 a.m. and ends at 5:00 p.m., Monday through Friday. Flexible schedules MAY be considered for certain employees, only if first approved by the Department Head and/or Council. Any approved flexible schedules must be turned ini tot the City Secretary, for the purpose of properly In times of disaster or emergency, working hours shall be determined by the Mayor. Normal City Hall hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday.  calculating payroll.  City Hall Hours Breaks per work. Time Clock  Full-time employees are allowed two fifteen minute breaks. One ini the morning and one in the afternoon. Overtime requires extra breaks at the rate of one break per every three (3) hours  Hourly employees in the City's Public Works Department and City Hall office employees (excluding Police Department) shall clock in when arriving for work and clock out when leaving work. Any mistakes or corrections must be initialed byt the Public Works Director or City Secretary, along with an explanation for the correction. Supervisors & employees are NOT  ALLOWED to clock in/out for other employees.  Attendance and Punctuality  The City expects employees to be reliable and punctual in reporting to work. Absenteeism and tardiness are disruptive and place al burden on the City and on co-workers. Either may lead up to disciplinary action, up to and including termination of employment. Ini the rare instance when an employee cannot avoid being late to work or is unable to work as scheduled, the employee must personally notify his/her supervisor by telephone within 30 minutes oft the time employee was scheduled to report to work. Text messaging is considered proper notification with prior supervisor approval. Confirmation that the text was sent is required. The employee must personally notify the supervisor on each day of absence for absences of a day or more unless the supervisor expressly waves this requirement. An employee who does not personally reach the supervisor by phone must leave a detailed text message with the information described above. In most instances, an employee who fails to properly notify the supervisor in advance of an absence or tardiness will be subject to disciplinary action up to and including  termination.    COMPENSATORY/OVERTIME  Exemptions from FLSA (Overtime Compensation)  Exempt (Administrative) employees are those who are not covered by the overtime requirements oft the Fair Labor Standards Act (FLSA). Accordingly, exempt employees are not entitled to overtime compensation for work performed beyond 40 hours in a workweek. Exempt employees are expected to work the hours necessary to complete their assignments Extra hours worked by administration employees may be used as a factor in granting or denying  with an acceptable level of quality in a timely manner. paid leave other than vacation or sick leave.  Overtime Worked  The policy oft the City is to keep overtime to a minimum. However, employees may be require to provide services in addition to normal hours or on weekends or holidays. Overtime is defined as hours worked in excess oft the allowable number of hours under the Fair Labor Standards Act On-call employees shall receive 110.00 per weekend on call (55x2 weekend days worked). All time cards are to reflect the actual hours worked. It is anticipated that on occasion an employee may have to work overtime. Supervisors must approve overtime in advance oft the time worked. Failure to receive prior approval could lead to disciplinary measures up to and Approved paid absences, including, but not limited to, vacation leave, sick leave, holiday leave, FMLA, military leave, jury and witness duty, and unpaid leave, are not counted as time worked Nonexempt employees are compensated for overtime worked (defined as more than 40 hours  (FLSA). Ini this City, this is 40 hours per seven day workweek.  Overtime Compensation  including termination.  fori the purposes of computing overtime.  ofworki in a seven-day period) by being given either:  Payment at the rate oft time and one half times the employee's regular rate; compensatory time off may be taken in lieu of paid overtime if approved by  Department Head.  HOLIDAYS  Full time employees are entitled to the following paid Holidays as approved by the City Council.    HOLIDAY NEW YEAR'S EVE NEW YEAR'S DAY MARTIN LUTHER KING JR DAY PRESIDENT'S DAY GOOD FRIDAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERAN'S DAY THANKSGIVING DAY DAY AFTER THANKSGIVING CHRISTMAS EVE CHRISTMAS DAY EMPLOYEE BIRTHDAY*  DAY/DATE OBSERVED DECEMBER 31 JANUARY1 1 3RD MONDAY IN JANUARY 3RD MONDAY IN FEBRUARY FRIDAY BEFORE EASTER SUNDAY LAST MONDAY IN MAY JULY4 15TMONDAYI IN SEPTEMBER NOVEMBER 11 4'"THURSDAY IN NOVEMBER 4THF FRIDAY IN NOVEMBER DECEMBER 24 DECEMBER 25 BIRTH DATE OF EMPLOYEE  *Employees will be allowed their OWN birthday as al holiday.  Should the date of any official holiday fall on a Saturday, the Holiday will be taken on the preceding Friday. If the official Holiday falls on a Sunday, the following Monday will be  observed.  When al holiday occurs during an employee'svacation, that holiday will not be charged against  his/her as a vacation day.  VACATION  IN GENERAL  Full time employees are eligible for paid vacation after one year of employment with the City. Vacation time is awarded on the mployeesanniversaly date and according to the length of  tenure as follows:  LENGTH OF EMPLOYMENT ONE YEAR TWO TO FOUR YEARS FIVE TO TEN YEARS TEN YEARS AND UP  HOURS AWARDED 40 80 PER YEAR 120 PER YEAR 1601 PER YEAR    ACCUMULATION OF VACATION TIME  40 hours of vacation time may be carried over from one year to the next. Any remaining vacation time above the allowable 40 hours will be discarded. Exceptions MAY be made due to Ifand employee'si total vacation time is at least 80 hours, up to 40 of those hours may be sold back to the City in lieu oft time off. Employee must have prior written consent from the  unusual circumstances, and must be approved by the Council.  appropriate Department Head or obtain Council approval. TERMINATION OF EMPLOYMENT-VACATION LEAVE EARNED  Ifan employee's service is terminated at any time for reason other than discharge for cause, the employee shall be paid for all vacation leave earned up to the date of termination; but will not earn addition leave credit for any period oft time the employee is carried on the payroll in  vacation leave status. SCHEDULING City.  Vacation leave shall be scheduled with the employee's: Supervisor toi the convenience ofthe employee, but in sO far as possible as not to cause interference with the normal function of the  EXTENSION OF VACATION  The Mayor and Council reserve the right to extend vacation of any employee, with or without pay, beyond that to which such employee would otherwise be entitled under the provision of  the Article.  OTHER ABSENCES FROM WORK  FAMILY DEATH LEAVE  Following the death of an immediate family member, employees may take up to 4 calendar days, with pay, for arrangements and services. An additional 10 working days may bei taken,  WITH council approval, without pay. EMERGRNCY: SITUATIONS OR EVACUATIONS  The Mayor, in situations of an unusual nature, may grant a leave of absence with or without pay. This leave is designed to provide time off for probationary: and permanent employees who have emergencies arise in their immediate family, such as familyi illness, accident ori injury. In no Pay for elective or mandatory evacuation due to natural or manmade disaster will be  case should this leave exceed 3 working days annually.  considered on a case by case basis.    INJURIES ON THE JOB  City employees are provide with Worker's Compensation insurance. Any injury on the job requiring the employee to seek medical attention must be reported to the City Secretary immediately. Certain protocol must be followed in filing the Worker's Compensation claim. For example, unless the injury requires emergencytreatment, only certain medical providers will be Ifan employee sustains a bona fide, on thej job, work-related injury which renders him/her unfit for performing duties on thej job, the employee will receive pay from the Worker's Compensation insurance group beginning after the 7th day of missed work.  covered by the insurance.  An employee receiving workers' compensation payments is not entitled to receive additional Injury leave begins on the first scheduled workday of disability and continues until the employee returns to work, or is released by physician to return to work.  holiday pay or other holiday benefits.  JURY DUTY AND WITNESSSERVICE  Employees will be granted paid leave for Jury/Witness duty provided they supply evidence of such service or appearance. If an employee is dismissed fromj jury duty before noon, he/she is expected to return to work. If an employee is requested to report to jury duty at noon or later, he/she shall report to work that morning and will be allowed enough time to go home and dress before reporting for suchj jury duty. The employee will retain compensation paid to the  employee for jury duty. FAMILYAND MEDICAL LEAVE  Full time employees may be granted up toi twelve weeks family and medical leave (FMLA) without pay. Accumulated sick and vacation leave may be used during this time in order to continue receiving pay as long as possible. Absences longer than twelve weeks must be approved by the City Council or the employee's position will be considered vacated. The City of Cumby will follow federal laws regarding family and medical leave, according to FMLA.  ADDITIONAL PERSONAL LEAVE WITHOUT PAY  An employee may, under appropriate circumstances, request a leave of absence without pay. Permission for leave must be secured prior to the first day of leave, and must be approved by  the Mayor, or in his or her absence, Mayor Pro Tem.  DISCIPLINARY/ ACTION  GENERAL  To ensure orderly and productive operations and provide the best possible work environment, the City requires employees to follow rules of conduct that will protect the best interests of the  City, its citizens, and employees.    The City will use a progressive disciplinary system. The City is NOT obligate to use all the progressive disciplinary steps available, and may begin the disciplinary process at anylevel, up toa and including immediate discharge, depending upon the severity oft the conduct, the employee's work performance and prior disciplinary history, the employee's length ofs service, and any mitigating circumstances. At-will employment status is not affected buy the use of the progressive discipline process. Depending on the circumstances of each individual case,  disciplinary action may consist of one or more of the following:  Verbal correction Written reprimand Suspension (without pay) Termination  All forms of discipline, other than verbal warnings, must be documented and placed ini the employee's personnel file. Supervisors shall document verbal warnings for their records. Ini the event an employee is discharged, the supervisor shall forward a copy of the documentation to  the City Secretary to place ini the employee file for future reference.  PROHIBITED ACTIVITIES  Disciplinary Action will be impose for violations of City departmental policies and procedures, codes of conduct, rules and regulations, either written or verbal. In addition, acts which are not specifically addressed in policies and procedures, codes of conduct, and rules of regulations, yet may adversely affect the City or put the health and safety oft fellow employees, citizens, or other third parties, at risk, may also result in disciplinary action. It is impossible to list all the forms of behavior that are considered unacceptable at the workplace. Lying, stealing, or falsification of a government document are automatic termination. The following are some examples of conduct that will likely result in disciplinary action, up to and including termination Theft ori inappropriate use or removal of City property or other property not belonging Falsification oft timekeeping or other records, including employment application; Reporting for work or working under the influence of or a presence in the system of Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, or while operating City owned equipment or vehicles; Violation of the City's policy regarding sexual or other unlawful harassment; Interfering with work schedules or another employee'sabilityi to work; lunch and breaks or absence without notice and/or approval; Breaks more than the allotted time allowed;  of employment.  to the employee;  alcohol or illegal drugs;  Excessive or unscheduled absenteeism, tardiness in reporting for work or returning from Violation of safety or health rules and failure to immediately report an on-the-job Violation of City or departmental policies, codes of conduct, rules and procedures;  injury/accident;  Unauthorized disclosure of confidential information;    Coercion, intimidation, or threats against citizens, supervisors, co-workers, City officials, Making or publishing a false, vicious, or malicious statements about the City, a City  oro others;  employee, citizen, or others; Unsatisfactory performance or conduct; Inefficiency, incompetence, or neglect of duty; Disruptive activity ini the workplace; Engaging in work stoppage;  Fighting, provoking, or instigating at fight or threateningv violence;  Conduct which results in waste or damage ofa a co-worker's, City, or citizen-owned Insubordination or other disrespectful or unprofessional conduct;  property;  Discourteous treatment oft the public; Violation of local, state, or federal law;  Conviction of a felony, including reasonable belief employee has committed a crime under Texas Penal Code or Class A or B misdemeanor involving moral turpitude, or repeated conviction of Class C misdemeanor charges, or any crime; Failure to timely return to work upon conclusion of authorized leave or disciplinary  suspension; Sleeping on the job;  Failure or refusal to follow lawful orders; An accumulation of minor infractions;  Dishonesty, including misrepresentation during the hiring process;  Job abandonment occurs when an employee deliberately and without authorization is absent from the job, or refuses a legitimate order to report to work, for two (2) The employee is deemed to have abandoned his or her job and shall be terminated.  consecutive work days.  APPEALS  The employee reserves the right to appeal any disciplinary action performed by the employee's Department Head, the Mayor, or Mayor Pro Tem, before the City Council. Appeals must be in writing, and ift the employee is suspended, the appeal must be filed the first working day after the suspension. If discipline was not suspension, employee must file written appeal within five days of disciplinary action. Written appeals must include the date, and explanation of why the disciplinary action is unjust, and the employee's signature. City Council will have five working The decision of the City Council is final. If the Council's decision is ini favor oft the employee, his/her record will be adjusted accordingly, and any back pay benefits lost will be returned in  days to investigate the situation and respond to the employee  full. Copies of all appeals will be kept ini the employee'spersonnel file.    USE OF CITY PROPERTY  GENERAL  The City attempts to provide employees with adequate tools, equipment, and vehicles and facilities for the job being performed, and the City requires all employees to observe safe work practices and lawful, careful and courteous operation of vehicles and equipment. Any City  provided safety equipment must be used always. USE OF TOOLS, EQUIPMENT, AND PROPERTY  From time to time, the City mayi issue various equipment or other property to employees, e.g., credit cards, keys, tools, security passes, manuals, written materials, uniforms, cell phones, computers, and computer related equipment. Employees are responsible for items formally issued tot them by the City, as well as for items otherwise ini their possession or control or used by them ini the performance of their duties. At the time of issuance, employees may be required to sign certain forms or other documentation evidencing their receipt of property and/or equipment and authorizing a payroll deduction for the cost of lost, damage, or unreturned items. In addition to payroll deductions, the City mayt take any other action it deems appropriate or necessary to recover and/or protect its property. The employee using the equipment is responsible for checking fluid levels, tire pressure, hydraulics, blades, and anything else applicable to that piece of equipment, both before and after use. Immediately after use, the employee using the equipment will return the cleaned, maintained equipment to where it is kept. Anything needing attention gets reported to the Employees must notify their supervisor immediately if any equipment, machinery, tools, etc., appears to be damaged or defective or need repair. The improper, careless, negligent, destructive, unauthorized, or unsafe use or operation of equipment will likely result in City properties, materials supplies, tools, equipment, and vehicles are purchased with taxpayer funds and are intended fori the maintenance and operations of the City. No personal use of City property, materials, supplies, tools, or equipment is permitted at any time. Upon termination of employment, employees must return any City property in their possession. Failure to return all City property int the employee's possession may result in legal action by the City against the  employee(s) in charge of maintenance.  disciplinaryaction,  employee. USE OF CITY VEHICLES  City owned vehicles may be used only for official City business and may only be driven by authorized City employees. If an employee drives a City owned vehicle, or vehicle rented by the City, on the job or while carrying out City-related business, the employee must comply with the  following:  Drivers must be at least 18 years of age, have a valid driver's license necessary for legal operation of that vehicle in the State of Texas, must maintain a driving record satisfactory to the City's general liability insurance carrier, and must inform their    supervisor of any changes of status in their licenses. The City of Cumby at any time may request a copy of any employees driver's license and/or MVR for those operating City Probation, suspension, or revocation of the driver's license of an employee who is required to operate a vehicle or heavy equipment may result in demotion, restriction, or Employees driving City of Cumby vehicles or City rented vehicles on City business are required to adhere to all driving laws and regulations governing the State of Texas, City of Cumby vehicles are to be driven by authorized employees ONLY. No passengers other than City employees or others on City business may ride in a City vehicle unless otherwise approved in advance byt the Public Works Director or Mayor. All drivers and City authorized passengers operating or riding in a City vehicle must wear The private use of any City vehicle for personal benefit is prohibited. Public' Works employees that are required to operate his/her duties will drive a City vehicle while on the clock. Personal vehicles will NOT be used to perform daily rounds, work orders, call outs, or any other oft the employee's normally performed duties. Drivers must pay his/her own moving violation or parking tickets. The City is NOT Reading, personal grooming, texting or any other such action that may cause a distraction are strictly prohibited while operating a City of Cumby vehicle or a vehicle The driver of a City vehicle must keep the vehicle clean at all times, and washed and Drivers are responsible for the security oft the City vehicles being used by them. The vehicle engine must be shutoff, keys removed, and vehicle doors locked whenever the THE USE OF A CITY OF CUMBY VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICANTS AND/OR PRESENCE IN THE SYSTEM OF ILLEGAL DRUGS IS FORBIDDEN AND IS Drivers must never allow passengers to ride in at trailer or truck bed or any part oft the A driver who has one or more Type A Violations in the past 3 years may be subject to disciplinary actions, including possible dismissal a driver who has 3 or more accidents regardless oft fault in the past 3 years may be subject to disciplinary actions, including Adriver who has any combination of an accident and Type A violations which equal four or more ini the last 3 years may be subject to disciplinary actions, including possible  vehicles. dismissal.  including speed limits.  seatbelts, even if airbags are available.  responsible for ive/empbyeepasenger traffic tickets.  rented by the City of Cumby. vacuumed as often as necessary.  driver exits the vehicle for any amount of time. SUFFICIENT CAUSE FOR IMMEDIATE DISMISSAL. vehicle not designed for passengers.  possible dismissal. dismissal. Type A Violations  Driving while intoxicated    Driving while under the influence of illegal drugs Negligent homicide arising out oft the use of a motor vehicle Operating during a period of suspension or revocation Using a motor vehicle fori the commission of a felony Aggravated assault with a motor vehicle Permitting an unlicensed driver to drive Hit and run (bodily injury or property damage VEHICLE INSURANCE AND ACCIDENT REPORTING  Operating a motor vehicle without the owners authority (grand theft)  Reckless driving Racing  The City maintains up-to-date insurance coverage on all vehicles owned by the City. The Public Works Director or Assistant Public Works Director will ensure that current insurance cards are ACCIDENTS INVOLVING CITY OF CUMBY VEHICLES, REGARDLESS OF SEVERITY, MUST BE REPORTED TOTHE PROPER LAW ENFORCEMENT AND THE APPROPRIATE SUPERVISOR AND/OR MAYOR. FAILING TO STOP AFTER AN ACCIDENT AND/OR FAILURE TO REPORT AN ACCIDENT WILL RESULT IN DISCIPLINARY ACTION, UP TO AND INCLUDING DISMISSAL. Accident reports, along with any law enforcement report, must be filed by the employee with the supervisor and  placed in all City vehicles.  the City Secretary.  SAFETY  PURPOSE  To define health and safety practices utilized by the City to assist in providing a safe, healthy  work environment for employees, citizens, customers, and visitors.  REPORT OF ACCIDENT  The City will take all practical steps to eliminate or reduce an employee's exposure to accidental injury or to conditions that would be injurious to his or her health. In the case of accidents resulting in injury, employees must immediately report the incident to his or her supervisor. If the injury requires medical treatment and/or time off, the incident must be reported immediately to the City Secretary for a worker's compensation claim.  REPORTING UNSAFE ACTS  Employees shall cooperate with the City by observing reasonable safety regulations and working in a safe manner. Each employee is expected to obey safety ruled and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety standards, cause hazardous or dangerous situations, fail to report, or, where appropriate, correct such situations, may be subject to  disciplinaryaction, up to and including termination of employment.    SAFETY SUGGESTIONS  Some of the best safetyi improvement ideas come from employees. Those with ideas, concerns, or suggestions for improves safety in the workplace are encouraged to raise them with their supervisor, another supervisor or manager, or bring them to the attention of the City Council. Reports and concerns about workplace safety issues may be made anonymously, ift the  employee wishes. All reports can be made without fear of reprisal.  PROFESSIONAL DEVELOPMENT  Any employee is allowed to obtain outside employment providing it does not conflict with his/her City employment. A full time that has outside employment must consider the City to be  his/ her primary employer.  REQUIRED ATTENDANCE AT SEMINARS AND CONFERENCES  When the city requires an employee to attend any educational or training course, conference, or seminar, the City will provide the necessary time off with pay, for associated costs, including tuition or registration fees, hotel costs, and transportation cost directly to the entity involved. Employees that drive a personal vehicle must keep a mileage log and will be reimbursed at a rate determined by the IRS Guidelines. The mileage log must be turned into the City Secretary. Meal Per Diem will be paid out at a rate of $40 per day per person while at conference; however, if any meals are provided by the hotel or conference/seminar, Per Diem will be paid  at the following rates for any meals not provided to the employee:  Breakfast: $10 Lunch: $15 Dinner: $20  WATER & WASTEWATER LICENSES  Classes  The City will pay registration fees, lodging, and Per Diem for employees attending classes required to obtain water and /or wastewater licenses. Employees shall drive a city-owned vehicle to attend classes; however, if for some reason a City vehicle is unavailable, the City will reimburse the employee for mileage at a rate determined by the IRS Guidelines.  Testing  The City will pay testing fees and Per Diem (lunch only) for employees required tot travel to Tyler, TX or elsewhere to take a water and/or wastewater exam. Employee shall drive a City- owned vehicle. Employees will be given two (2) chances to pass the test. If the employee does not achieve a passing grade after two (2) attempts, he/she will continue taking the test at the  employee's own expense until a passing grade is received.    Certification Pay  After an employee has passed certain exams and obtained his/her license, the employee shall receive monthly Certification pay based on the level of license obtained. In addition tot the employee's regular rate of pay, the Certification Pay will be paid on the first payday ofe every  month. The rates are as follows: WATER OR WASTEW/ATER Class D License Class CI License Class B License Class AI License  MONTHLYPAY $25 $50 $75 $100  Certification Pay only applies to employees who obtain licenses while employed with the City of Cumby. A new hire already holding water and/or wastewater licenses will not receive Certification Pay for those licenses; however he/she can obtain the next level license while employed with the City of Cumby and receive the appropriate rate of Certification Pay for the  new license(s).  PROFESSIONAL MEMBERSHIP AND SEMINARS:  Subject to the prior approval of the Mayor, an employee who joins a professional association related to his or her work at the City may be reimbursed for dues and necessary travel expenses when meetings are. judged to offer special training or information of value to the employee in his or her work at the City. Likewise, the employee may be reimbursed for conference or seminar expenses ift the conference or seminars related to his or her work and proper  authorization is obtained in advance.  MISCELLANEOUS  APPEARANCE AND DRESS:  Each employee is expected to dress appropriately and to maintain the standards of personal  grooming as required in representing the City of Cumby.  RESIGNATION  An employee who intends to resign must notify his or her Department Head, the Mayor, or in the Mayor's absence the Mayor Pro Tem, in writing, the date on which he or she whishes resignation to be effective. This notification should be given at least ten (10) working days prior An employee who resigns without sufficient notice is subject to having a written reprimand place in his or her personnel file documenting this violation of personnel policies, unless there is a valid reason for not giving sufficient notice thati is approved by the mayor.  tot the employee's last day of employment.    The City, ati its option, may elect to accept a resignation immediately.  Employees who fail to give at least ten days notice will not be eligible for rehire and will not be  eligible for unused vacation time.  SEVERABILITY  The provisions oft these policies are severable. If any provision or part of a provision is invalid, illegal, or unenforceable, this shall not affect the validity of the remaining provisions or partso of provisions, which shall remain in force and effect. Changes in state or federal law or regulations will supersede these policies from the effective date ofi the law or regulation forward. All employees shall be given a copy oft this policy, and sign a receipt for the same. The  SIGN AND ACCEPT  acknowledgement for receipt shall be kept in the employee's file.  Employee name (printed)  Employee Signature  Date    CITY ORDINANCE NO.  AN ORDINANCE OF THE CITY OF CUMBY AMENDING ORDINANCE 2010- 4 OF THE CITY OF CUMBY AND REPEALING ALL LAWS OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; ESTABLISHING STANDARD RULES AND GUIDELINES FOR THE REGULATION, PROHIBITION, AND LIMITING OF INSTALLATION, USE, PLACEMENT, AND LOCATION OF MOBILE HOMES AND HUD CODE MANUFACTURED HOMES; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN  EFFECTIVE DATE OF THIS ORDINANCE.  WHEREAS, the City of Cumby, Texas, has authority to regulate, limit, prohibit, and direct the installation, placement, and planning of housing within the municipality through zoning, land use, and its powers to protect the public health, safety, and general welfare; and WHEREAS, the City of Cumby, Texas, has adopted various ordinances regulating WHEREAS, the City Council for the City of Cumby desires to amend its rules, procedures, and guidelines related to Mobile Homes and HUD-Code Manufactured Homes as they are defined by the United States Department of Housing and Urban Development;  mobile homes and HUD-Code manufactured homes; and  and  WHEREAS, the City Council of the City of Cumby, Texas, finds that it is in the best interest of the public safety, health and general welfare, as well as to proper planning and management of zoning and land use, to amend its ordinances regulating Mobile Homes and  HUD-Code Manufactured Homes;  WHEREAS, a public hearing on this matter was held by the City Council as required NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CUMBY, TEXAS: stated herein and only those parts of said Ordinance or other ordinances that conflict herein are hereby replaced and repealed and declared no further in force or effect.  by law;  SECTION 1. Other Ordinances and Laws. SECTION 2. Controlling Ordinance. thereunder, except as may be otherwise stated herein.  Ordinance 2010-4 is amended as  This ordinance shall control over any  conflicting terms of Ordinance 2010-4 and any other ordinances amending ordinances  SECTION 3. Definitions.  a.  "MOBILE HOME" - a structure constructed before June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, built on a permanent chassis, designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities, transportable in one or more sections, and in the traveling mode, at least eight body feet in width or at    least 40 body feet in length or, when erected on site, at least 320 square feet. Tex.  Occ. Code S 1201.003 (20).  b.  "HUD CODE MANUFACTURED HOME" a structure constructed on or after June 15, 1976, according to the rules oft the United States Department of Housing and Urban Development, built on a permanent chassis, designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities, transportable in one or more sections, and in thet traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet. Tex. Occ. Code S 1201.003 (12). (A HUD CODE MANUFACTURED HOME displays a red certification label on the exterior of each section. This label serves as the manufacturer's certification that the section is built in accordance with  Federal Housing and Urban Development standards.)  C. (18). d.  MANUFACTURED HOME" or MANUFACTURED HOUSING" - is a HUD CODE MANUFACTURED HOME or a MOBILE HOME. Tex. Occ. Code S 1201.003  "PERSON, FIRM OR CORPORATION" -includes a natural person, entity, firm, partnership, association, limited liability company, joint venturer, or corporation. Other terms herein shall have the meanings defined in other ordinances of the City, SECTION 4. Mobile Home and Manufactured Homes Prohibited. No MOBILE HOME or MANUFACTURED HOME shall be permitted within the City limits of the City of Cumby, Texas. Any MOBILE HOME and/or MANUFACTURED HOME located in the City legally, prior to the enactment of this ordinance and used and occupied as a residential dwelling shall be allowed to remain. Existing MOBILE HOMES and/or MANUFACTURED HOMES may be replaced with another MOBILE HOME and/or MANFACTURED HOME of  except where the context clearly requires otherwise.  similar or higher quality only.  SECTION 5. Existing Mobile Homes and Manufactured Homes. This ordinance does not make unlawful any MOBILE HOME and/or MANUFACTURED HOME already in place and complying with all laws when this ordinance becomes effective. However, after the effective date of this ordinance, if any nonconforming MOBILE HOME and/or MANUFACTURED HOME is removed from its location, it shall not be allowed to  relocate within the city limits of the City of Cumby, Texas.  SECTION 6. Mobile Home and Manufactured Home Use. AMOBILE HOME and/or MANUFACTURED HOME shall not be used as an office or business building in any zoning district, except as an office on the site in connection with: a) a MANUFACTURED HOME PARK, or b) a bona fide retail MANUFACTURED HOME sales lot or park, as provided in the SECTION 7. Violations and Penalties. Any person, firm or corporation who commits any of the following shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than FIVE HUNDRED DOLLARS ($500.00) for: a) Any  City's Code of Ordinances.    violation of this ordinance; or b) Providing false information to a City official concerning licensing or permitting under this ordinance this ordinance or compliance with this ordinance. Each day or portion of a day during which any violation occurs or continues shall be a  separate offense.  SECTION 8. Conflicting Ordinances. All ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance as adopted herein are hereby amended tot the extent of such conflict. In the event of a conflict or inconsistency between this ordinance and any other code or ordinance of the City, the terms and provisions of this ordinance shall  govern.  SECTION 9. Severability. That if any section, provision, subsection, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance, and the City Council oft the City of Cumby, Texas hereby declares it would have enacted such remaining portions, despite  such invalidity.  SECTION 10. Effective Date.  This Ordinance shall be in full force and effect  immediately upon its passage in accordance with the provisions oft the Tex. Loc. Gov't. Code. SECTION 11. Open Meetings. Itis hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open  Meetings Act.  PASSED AND APPROVED this the  day of  2020.  Douglas Simmerman, Mayor  ATTEST:  Codi Reynolds, City Secretary APPROVED AS TO FORM:  Edgar J. Garrett, Jr., City Attorney    RESOLUTION: No.  Al RESOLUTION ADOPTING THE ATTACHED POLICIES IN CONNECTION WITH THE CITY OF CUMBY, TEXAS PARTICIPATION IN FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS AND ADHERENCE TO THE REGULATIONS DESCRIBED Whereas, the City of Cumby, Texas, (hereinafter referred to as "City") has been awarded TXCDBG funding through a' TxCDBG grant from the Texas Department of Agriculture (hereinafter referred to as "TDA"); Whereas, the City, in accordance with Section 109 ofthe TitleIofthel Housing and Community Development, Act. (24 CFR 6); the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107); and Section 504 of the Rehabilitation Act of 1973 (291 U.S.C. 794) and for construction contracts greater than $10,000, must take actions to ensure that no person or groupi is denied benefits such as employment, training, housing, and contracts generated by the CDBG Whereas, the City, in consideration for the receipt and acceptance of federal funding, agrees to comply with all federal rules and regulations including those rules and regulations governing citizen participation and civil rights Whereas, the City, in accordance with Section 3 ofthel Housing and Urban Development Act of 1968, as amended, and 24 CFR Part 135, ist required, to the greatest extent feasible, to] provide training and employment opportunities tol lower income residents and contract opportunities tol businesses in the TxCDBG project area; Whereas, the City, in accordance with Section 104(1) of the Housing and Community Development Act, as amended, and State's certification requirements at 24 CFR 91.325(b)(6), must adopt an excessive force policy that Whereas, the City, in accordance with Executive Order 13166, must take reasonable steps to ensure. meaningful access to services ini federally assisted programs and activities by persons with limited English proficiency (LEP) and must have an LEP plan in place specific to the locality and beneficiaries for cach TxCDBG project; Whereas, the City, in accordance with Section 504 of the Rehabilitation Act of1973, does not discriminate on the basis of disability and agrccs to cnsurc that qualified individuals with disabilities have access to programs and Whereas, the City, in accordance with Section 808(e)(5) ofthe Fairl Housing Act (42USC3 3608(e)(5)) that requires HUD programs and activities bc administcred in a manner affirmatively to further thc policics oft thc Fair Housing Act, agrees to conduct at least one activity during the contract period oft the TxCDBG contract, to affirmatively Whercas, the City, agrecs to maintain written standards of conduct covering conflicts ofinterest and governing thc  THEREIN.  activity, on thel basis ofr race, color, religion, sex, national origin, agc, or disability;  protections;  prohibits the use of excessive force against non-violent civil rights demonstrations;  activities that receive federal funds; and  further fair housing;  actions ofi its employces engaged in the selection, award and administration of contracts.    NOW, THEREFORE, BE IT RESOLVED: BY THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS, that  the CITY OF CUMBY ADOPTS THE FOLLOWING: 1. Citizen Participation Plan and Grievance Procedures; 2. Section 31 Policy; 3. Excessive Force Policy; 4. Section 504 Policy and Grievance Procedures; 5. Limited English Proficiency Plan; 6. Fair Housing Policy; and 7. Code of Conduct Policy  Passed and approved this th day of  2019.  Doug Simmerman, Mayor Pro-Tem  Attest:  Codi Reynolds, City Secretary    CITIZEN ARTICPATIONPLAN  TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM  COMPLAINT PROCEDURES  These complaint procedures comply with the requirements of the Texas Department of Agriculture's" Texas Community Development: Block Grant (TxCDBG) Program and Local Government Requirements found in 24 CFR $570.486 (Code ofl Federal Regulations). Citizens can obtain a copy of these procedures at the City of Cumby, 1001 East Main Cumby, Texas, 75433 903-994-2272, during regular business hours. Below are the formal complaint and grievance procedures regarding the services provided under the TxCDBG 1. A person who has a complaint or grievance about any services or activities with respect to the TxCDBG project, whether iti is a proposed, ongoing, or completed TxCDBG project, may during regular business hours submit such complaint or grievance, in writing to the City of Cumby, at 1001 East Main Cumby, 2. A copy of the complaint or grievance shall bet transmitted by the City Secretary to the entity that is the subject oft the complaint or grievance and tot the City Attorney within five (5) working days after the date 3. The City shall complete an investigation oft the complaint or grievance, if practicable, and providea timely written answer toj person who made the complaint or grievance within ten (10) days. 4. Ifthei investigation cannot be completed within ten (10) working days per 3 above, the person who made the grievance or complaint shall be notified, in writing, within fiftecn (15) days where practicable after receipt oft the original complaint or grievance and shall detail when the investigation should be 5. Ifnecessary, the grievance and a written copy oft the subsequent investigation shall be forwarded to the 6. Ifappropriate, provide copies of grievance procedures and responses to grievances in both English and  project.  Texas, 75433 or may call,903-994-2272. oft the complaint or grievance was received.  completed.  TxCDBG for their further review and comment. Spanish, or other appropriate language.  TECHNICAL ASSISTANCE  When requested, the City shall provide technical assistance to groups that are representative of persons ofl low- and moderate-income in developing proposals for the use ofTXCDBG funds. The City, based upon the specific needs ofthe communiy'sresidents at the time of the request, shall determine the level and type ofa assistance. For each public hearing scheduled and conducted by the City, the following public hearing provisions shall be 1. Public notice of all hearings must be published at least seventy-two (72) hours prior to the scheduled hearing. The public notice must bej published in al local newspaper. Each public notice must include the datc, timc, location, and topics to bc considcred at the public hcaring. Aj published ncwspapcr article can alsol be used to meet this requirement so long as it meets all content and timing requirements. Notices should also bej prominently posted inj public buildings and distributed tol local Public Housing Authorities  PUBLIC HEARING PROVISIONS  obscrved:  and other interested community groups.    2. When a significant number of non-English speaking residents are aj part oft the potential service area of the TxCDBG project, vital documents such as notices should be published ini the predominant language 3. Each public hearing shall be held at at time and location convenient toj potential or actual beneficiaries and will include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings and the City must make arrangements fori individuals who require auxiliary aids or 4. A public hearing held prior to thc submission ofa TxCDBG application must bel held after 5:00 PM ona a 5. When a significant number of non-English speaking residents can be reasonably expected toj participate in aj public hearing, an interpreter should bcj present to accommodate the needs ofthe non-English The City shall comply with the following citizen participation requirements for the preparation and submission 1.A Atai minimum, the City shall hold at least one (1), public hearing to prior to submitting the application to 2. The City shall retain documentation oft the hearing notice(s), al listing of persons attending thel hearing(s), minutes oft thel hearing(s), and any other records concerning the proposed use of funds for three (3) years from closeout oft the grant to the state. Such records shall be made available to thej public in accordance 3. The public hearing shall include a discussion with citizens as outlined int the applicable TxCDBG application manual to include, but is not limited to, the development of housing and community development necds, the amount of funding available, all eligible activities under the TxCDBG program, and the use of past" TxCDBG contract funds, if applicable. Citizens, with particular emphasis onj persons of1 low- and moderate-income who are residents of slum and blight areas, shall be encouraged to submit their views and proposals regarding community development and housing needs. Citizens shall be made aware of the location where they may submit their views andj proposals should they be unable to attend 4. When a significant number oft non-English speaking residents can be reasonably expected toj participate ina aj public hearing, an interpreter should be present to accommodate the needs oft the non-English The City must comply with the following citizen participation requirements in the event that the City receives 1. The City shall also hold aj public hearing concerning any substantial change, as determined by TxCDBG, proposed to be made in the use ofTxCDBG funds from one eligible activity to another again using the 2. - Upon completion oft the TxCDBG project, the City shall hold aj public hearing and review its program 3. When a significant number ofnon-English speaking residents can be reasonably expected to participate in aj public hearing, for either a public hearing concerning substantial change to the TxCDBG project or fort the closeout ofthe TxCDBG project, publish notice in both English and Spanish, or other appropriate language and provide an: interpreter at thel hearing to accommodate the needs ofthe non-English  oft thesc non-English spcaking citizens.  services if contacted at least two days prior to the hearing. weekday or at a convenient time on a Saturday or Sunday.  speaking residents.  of an application for a' TxCDBG project:  the Texas Department of Agriculture.  with Chapter 552, Texas Government Code.  the public hearing. speaking residents. funds from the TxCDBG program:  preceding notice requirements.  performance including the actual use ofthe TxCDBG funds.  speaking residents.    4. The City shall retain documentation of the TxCDBG project, including hearing notice(s), al listing of persons attending the hearing(s), minutes oft the hearing(s), and any other records concerning the actual use off funds for aj period ofthree (3): years from closeout oft the grant to the state. Such records shall be made available to thej public in accordance with Chapter 552, Texas Government Code.  Doug Simmerman, Mayor Pro-Tem  Date    SECTION3POLICY  In accordance with 12 U.S.C. 170lu the City of Cumby agrees to implement the following steps, which, to the greatest extent) feasible, willj provide jobt training, employment and contractingo opportunities for Section. 3residents A. Introduce and pass a resolution adopting this plan as a policy to strive to attain goals for compliance to Section 3 regulations by increasing opportunities for employment and contracting for Section 3 residents B. Assign duties related to implementation oft this plan to the designated Civil Rights Officer. C. Notify Section 3 residents and business concerns of potential new employment and contracting opportunities as they are triggered by TxCDBG grant awards through the use of: Public Hearings and related advertisements: public notices; bidding advertisements and bid documents; notification to local business organizations such as the Chamber(s) ofCommerce or the Urban League; local advertising media including public signage; project area committees and citizen advisory boards; local HUD offices; regional planning agencies; and all other appropriate referral sources. Include Section 3 clauses in all covered D. Maintain a list of those businesses that have identified themselves as Section 3 businesses for utilization in TxCDBG funded procurements, notify those busincsses of pending contractual opportunitics, and makc E. Maintain al list of those persons who have identified themselves as Section 3 residents and contact those persons when) hiring/training opportunities are available through either the Grant Recipient or contractors. F. Require that alll Prime contractors and subcontractors with contracts over $100,000 commit to this plan as part of their contract work. Monitor the contractors' performance with respect to meeting Section 3 requirements and require that they submit reports as may be required by HUD or TDA to the Grant G. Submit reports as required by HUD or TDA regarding contracting with Section 3 businesses and/or employment as they occur; and submit reports within 20 days of the federal fiscal year end (by October H. Maintain records, including copics ofcorrespondence, memoranda, ctc., which document all actions takcn As officers and representatives of the City of Cumby, we the undersigned have read and fully agree to this plan,  and Section 31 businesses of the areas in which the program project is being carried out.  and businesses.  solicitations and contracts.  this list available for general Grant Recipient procurement needs.  Recipient.  20) which identify and quantify Section 3 businesses and employces.  toc comply with Section 3 regulations.  and become aj party to the full implementation ofthis program.  Doug Simmerman, Mayor Pro-Tem  Date    EXCESSIVE FORCE POLICY  In accordance with 24 CFR 91.325(b)(6), thc City of Cumby hereby adopts and will cnforce the following policy 1. Iti is the policy of City of Cumby to prohibit the use of excessive force by the law enforcement agencies within itsj jurisdiction against any individual engaged in non-violent civil rights demonstrations; 2. Itisa also the policy ofCity of Cumby to enforce applicable State andl local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights  with respect to the use of excessive force:  demonstrations within its jurisdiction.  3. City ofCumby will introduce and pass a resolution adopting this policy.  As officers and representatives of City of Cumby, we the undersigned have read and fully agree to this plan,  and become aj party to the full implementation oft this program.  Doug Simmerman, Mayor Pro-Tem  Date    SECTION 504 POLICY AGAINST DISCRIMINATION BASED ON HANDICAP AND GRIEVANCE PROCEDURES  In accordance with 24 CFR Section 8, Nondiscrimination based on Handicap in federally assisted programs and activities oft the Department of Housing and Urban Development, Section 504 oft the Rehabilitation Act of1973, as amended (29 U.S.C. 794), and Scction 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309), City of Cumby hereby adopts the following. policy and grievance procedures: 1.I Discrimination prohibited. No otherwise qualified individual with handicaps in the United States shall, solely by reason ofh his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of 2. The City of Cumby does not discriminate on the basis of handicap in admission or access to, or treatment or 3. The City of Cumby recruitment materials or publications shall include a statement oft this] policy in 1. above. 4. The City of Cumby shall take continuing steps to notify participants, beneficiaries, applicants and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipients that it does not discriminate on the basis of! handicap in 5. For hearing and visually impaired individuals eligible to be served or likely to be affected by the TxCDBG program, City of Cumby shall ensure that they are provided with the information necessary to understand and  Housing and Urban Development (HUD).  employment in, its federally assisted programs and activities.  violation of24 CFR Part 8.  participate in the TxCDBG program. 6. Grievances and Complaints  a. Any person who believes she or hel has been subjected to discrimination on the basis of disability may file a grievance under this procedure. Iti is against thel law: for CityofCumbyt tor retaliate against anyone b. Complaints should be addressed to: City Secretary, 1001 East Main Cumby, Texas, 75433, 903-994- Ac complaint should be filed in writing or verbally, contain the name and address oft the person filing d. A complaint should be filed within thirty (30) working days after the complainant becomes aware of Ani investigation, as may be appropriate, shall follow ai filing ofa complaint. Thei investigation will be conducted by City Secretary. Informal but thorough investigations will afford all interested persons and their representatives, ifany, an opportunity to submit evidence relevant to a complaint. A written determination as to the validity of the complaint and description of resolution, ifa any, shall be issued by City Secretary, and a copy forwarded to the complainant with fifteen (15) working days The Section 504 coordinator shall maintain the files and records of the City ofCumby relating to the  who files a grievance or cooperates int the investigation ofa grievance. 2272, who has been designated to coordinate Section 504 compliance efforts. it, and briefly describe the alleged violation of the regulations.  the alleged violation.  after the filing oft the complaint where practicable.  complaints files.    h. The complainant can request ai reconsideration oft the case in instances where he or she is dissatisfied with the detemination/esolution as described in f. above. The request for reconsideration should be made to the City of Cumby within ten working days after the receipt of the written The right ofa person to aj prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing ofa a Section 504 complaint with the U.S. Department ofHousing: and Urban Development. Utilization ofthis grievance procedure These procedures shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and assure that the City of Cumby complies with Section 504 and  delemination'resolution.  isi not aj prerequisite to the pursuit of other remedies.  HUD regulations.  Doug Simmerman, Mayor Pro-Tem  Date    LIMITED ENGLISH PROFICIENCYPLAN  Grantee: Community Population: LEP population: Languages spoken:  City of Cumby 712 14(2.0%)  1) by moret than 5% oft the eligible population or beneficiaries and English has more than 50i in number; or 2) By moret than 5% ofthe eligible population or beneficiaries but has less than 50 or less in number; or 3) By more than 1,000 individuals in the eligible population in the market area or among current beneficiaries. Program activities to be accessible to LEP persons: activities, and completion of grant-funded project documents, and program requirements a Other program documents: Resources available to Grant Recipient: Translation services:  X X  Public Notices and hearings regarding applications for grant funding, amendments to project Publications regarding TxCDBG application, grievance procedures, complaint procedures, answers to complaints, notices, notices of rights and disciplinary action, and other vital hearings,  X X  City will retain translation services upon request.  Interpreter services: City will retain translation services upon request  D Other resources: Language Assistance to be provided:  X Translation (oral and/or written) of advertised notices and vital documents for: City will provide translated documents upon request and retain services to accommodate X Referrals to community liaisons proficient in the language ofLEP persons  populations with limited English proficiency. and provide these services upon request X Public mcctings conducted in multiple languagcs:  City will identify community liaisons that will assist to provide accommodations to LEP persons  City will conduct public meetings in multiple languages upon  request.  X Notices to recipients of the availability ofLEP services: accommodate LEP person inj public buildings  Cityw will reference the availability of accommodations inj public notices and post documents to  D Other services:  Doug Simmerman, Mayor Pro-Tem  Date  See 50AIPPAAP.ovresourçes20ll Language Access Assessment and Planning Tool.pdf    FAIR HOUSING POLICY  In accordance with Fair Housing Act, the City of Cumby hereby adopts the following policy with respect to the 1. City of Cumby agrees to affirmatively further fair housing choice for all seven protected classes (race, 2. City of Cumby agrees to plan at least one activity during the contract term to affirmatively further fair  Affirmatively Furthering Fair Housing:  color, religion, sex, disability, familial status, and national origin).  housing.  3. City yofCumby will introduce and pass a resolution adopting this policy.  As officers and representatives: oft the City of Cumby, we the undersigned have read and fully agree to this plan,  and become aj party to the full implementation of this program.  Doug Simmerman, Mayor Pro-Tem  Datc    CODE OF CONDUCT  CONFLIC OF INTEREST POLICY PERTINING TO PROCUREMENT PROCEDURES  As a Grant Recipient ofaf federal or state grant contract (including TxCDBG), the City of Cumby shall avoid, neutralize or mitigate actual or potential conflicts ofinterest so as toj prevent an unfair competitive advantage or the existence of conflicting rolest thati mighti impair thej performancec ofthe federal ors state grant contract or impact the integrity ofthe procurement; process. For procurement of goods and services, no employee, officer, or agent oft the City of Cumby shall participate in the selection, award, or administration ofa contract supported by federal or state grant funds (including TxCDBG) ifhe ors she has a real or apparent conflict of interest. Such a conflict could arise ift the employee, officer or agent; any member of his/her immediate family; his/her partner; or an organization which employs or is about to employ any of the parties indicated herein, has a No officer, employee, or agent of the City of Cumby shall solicit or accept gratuities, favors or anything of monetary value from contractors or firms, potential contractors or firms, or parties to sub-agreements, except wherc the financial interest is Contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for For all other cases, no employee, agent, consultant, officer, or elected or appointed official oft the state, or ofal unit of general local government, or of any designated public agencies, or subrecipients which are receiving federal or state grant funds (including TxCDBG), that has any grant-related unctionesponsibility, ori isi in: aj position to participate in a decision-making process or gain inside information, may obtain a financial interest or benefit from the federal or state grant activity. The conflict ofi interest restrictions and procurement: requirements identified herein shall apply to al benefitting business, utility provider, or other third party entity that isi receiving assistance, directly ori indirectly, undera a federal or state grant contract or award, or that is required to complete some or all work under the federal or state grant contract in order to meet any National Any person or entity including any benefitting busincss, utility provider, or other third party entity thati is recciving assistance, dircctly or indircctly, under a fedcral or state grant contract or award (including TxCDBG), or that is required to completc some or all work under the federal or state grant contract in order to meetal National Program Objective, that might potentially receive benefits fromt the federal or state grant award may not participate int the: selection, award, or administration ofa contract Any alleged violations of these standards of conduct shall be referred to the City of Cumby's Attorney. Where violations appear to have occurred. the offending employee, officer or agent shall be subject to disciplinary action, including but not limited to dismissal or transfer; where violations or infractions appear to be substantial in nature, the matter may be referred  financial or other interest in ora a tangible personal benefit from: a firm considered for a contract.  not substantial or the gifti is an unsolicited item ofnominal intrinsic value. proposals must be excluded from competing for such procurements.  Program Objectives.  supported by federal or state grant funding.  tot the appropriate officials for criminal investigation andj possible prosecution.  Doug Simmerman, Mayor Pro-Tem  Date    RESOLUTION. AUTHORIZING SIGNATORIES  A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS, ENVIRONMENTAL DOCUMENTS, AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE TEXAS COMMUNITY WHEREAS, the City of Cumby, Texas (hereinafter referred to as "City") has received a 2019 Texas Community Development Block Grant Program (hereinafter referred to as TxCDBG") award to provide WHEREAS, it is necessary to appoint persons to execute contractual documents, environmental documents, and documents for requesting funds from the Texas Department of Agriculture, and; WHEREAS, an original signed copy of the TxCDBG Depository/Alutnorzed Signatories Designation WHEREAS, the City acknowledges that in the event that an authorized signatory of the City changes an resolution stating who the new authorized signatory is (not required ift this original resolution names only NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS, The Mayor, Mayor Pro-Tem, and City Secretary be authorized to execute contractual and environmental review documents between the Texas Department of Agriculture andi the City for the TXCDBG The Mayor, Mayor Pro-Tem, and City Secretary be authorized to execute the State of Texas Purchase Voucher and Request for Payment Form documents required for requesting funds approved in  DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT NUMBER 729091.  infrastructure improvements, and;  Form (Form A202) is to be submitted with a copy of this Resolution, and;  (elections, illness, resignations, etc.), the City must provide TXCDBG with the following: an revised TxCDBG Depositoryl, Authorized Signatories Designation Form (Form A202).  the title and not the name of the signatory); and  AS FOLLOWS: contract.  the TXCDBG contract.  Passed and approved this th day of  2019.  Doug Simmerman, Mayor Pro-Tem  Attest:  Codi Reynolds, City Secretary    A202  Depository/AlAuthorized Signatories Designation Form  Grant Recipient  CityofCumby  TxCDBG Contract No. 7219091  Thei individuals listed below are designated by resolution as authorized signatories for contractual and  environmental review documents.  Doug Simmerman (Name) Mayor Pro-Tem (Title) (Signature)  (Name) Mayor (Title) (Signature)  In addition to the individuals listed above, the individuals listed below are designated by resolution as authorized signatories for the Request for Payment Form (Form A203)-(At least two (2) signatories  required).  Codi Reynolds (Name) City Secretary (Title) (Signature)  (Name) (Title) (Signature)  (Name) (Title) (Signature)  (Name) (Title) (Signature)  NOTE: A copy ofa Resolution passed by the city council or county commissioner's court authorizing the signatories must be submitted along with this form. Grant Recipients are strongly encouraged to use the  sample resolution provided.  Page 1  20191 TXCDBG Implementation Manual  Form required as of September 1, 2019.    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS, AMENDING ITS PREVIOUS RESOLUTION CALLING FOR A SPECIAL ELECTION TO FILL A CITY COUNCIL VACANCY FOR ALDERMAN, PLACE 1, TO BE HELD ON MAY 2, 2020, MAKING PROVISIONS FOR THE CONDUCT OF THE SPECIAL ELECTION, AUTHORIZING A CONTRACT WITH HOPKINS COUNTY TO FURNISH ELECTION SERVICES AND WHEREAS, on or about December 10, 2019, the City Council for the City of Cumby, Texas passed a Resolution calling for a special election to fill a city council vacancy for Alderman, Place 1, to be held on May 2, 2020 and making other provisions and authorizations WHEREAS, the City Council has since discovered that the deadline for the filing for place on the ballot for such election was erroneously listed incorrectly on such Resolutions; and WHEREAS, the City Council desires to correct such error by the passing of this Resolution, thereby amending the previous Resolution as listed more fully below. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUMBY THAT: Section 5 of Resolution No.12-01-19 is hereby amended as follows and only those parts of said Resolution that conflict herein are hereby replaced and repealed and declared no  EQUIPMENT.  as provided therein; and  further in force or effect:  "SECTION 5- FILING FOR PLACE ON BALLOT  Applications for candidacy to the office of City Council Alderman, Place 1 shall be made to the City Secretary of the City of Cumby beginning January 15, 2020 and ending on March 3, The names of eligible and qualified candidates for such office shall be placed on the ballots for such election by the City Secretary at the time and in the manner prescribed by law."  2020 at 5 p.m., in manner and form as prescribed by law.  APPROVED this  day of  2020.  Douglas Simmerman, Mayor  ATTEST:  Codi Reynolds, City Secretary APPROVED AS TO FORM: Edgar J. Garrett, Jr., City Attorney    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUMBY, TEXAS, AMENDING ITS PREVIOUS RESOLUTION CALLING FOR A SPECIAL ELECTION TO FILL A CITY COUNCIL VACANCY FOR ALDERMAN, PLACE 2, TO BE HELD ON MAY 2, 2020, MAKING PROVISIONS FOR THE CONDUCT OF THE SPECIAL ELECTION, AUTHORIZING A CONTRACT WITH HOPKINS COUNTY TO FURNISH ELECTION SERVICES AND WHEREAS, on or about October 8, 2019, the City Council for the City of Cumby, Texas passed a Resolution calling for a special election to fill a city council vacancy for Alderman, Place 2, to be held on May 2, 2020 and making other provisions and authorizations as provided WHEREAS, the City Council has since discovered that the deadline for the filing for place on the ballot for such election was erroneously listed incorrectly on such Resolutions; and WHEREAS, the City Council desires to correct such error by the passing of this Resolution, thereby amending the previous Resolution as listed more fully below. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUMBY THAT: Section 5 of Resolution No.ID-DI-19 is hereby amended as follows and only those parts of said Resolution that conflict herein are hereby replaced and repealed and declared no  EQUIPMENT.  therein; and  further ini force or effect:  "SECTION 5- FILING FOR PLACE ON BALLOT  Applications for candidacy to the office of City Council Alderman, Place 2 shall be made to the City Secretary of the. City of Cumby beginning January 15, 2020 and ending on March 3, The names of eligible and qualified candidates for such office shall be placed on the ballots for such election by the City Secretary at the time and int the manner prescribed by law."  2020 at 5 p.m., in manner and form as prescribed by law.  APPROVED this  day of  2020.  Douglas Simmerman, Mayor  ATTEST:  Codi Reynolds, City Secretary APPROVED AS TO FORM: Edgar J. Garrett, Jr., City Attorney    2/7/2020  Little red box holdsf free books for anyone who walks byl Livingl |Kentucky New Era  ittps/www.kentuckynewera.com!lMvingaricle.67324250-3cec-11e7-8244-Obe84749049d.htm! Little red box holds free books for anyone who walks by  FEATURED  By Meredith Willse, New Era staff writer  May 19, 2017  Al Little Free Library is now at Challenge House 1 at the corner of Central and Broad streets. Anyone can stop and take a  exchange a book or donate al book for free. Photos by Meredith Willse  Her dream for Challenge House No. 1 at the corner of Central and Broad streets was to have a  community garden and a Little Free Library.  htps.www.kentuckynewera.comilvingartce.67304250.3p8-11e782440be84749049d.htmt  1/3    2/7/2020  Ringing the changes: how Britain's red phone boxes are being given newl life Technology! The Guardian  The,  Guardian  TELEPHRONE  Ringing the changes: how Britain'sred phone boxes are  being givennewl life  It'sac design classic, butint these dysofubiqutousmohlephomsonyoooctteredkosisremain  on thes streets. Can they survivet thenext decade?  Stephen Moss Tue 27 Aug: 2019 07.35 EDT  ohn Farmer, who describes himself as an activist shareholder, is a man with a mission - to save Britain's red phone boxes. These were once a feature ofevery high street in the country, but now number only 10,000 or sO (and halfoft those are decorative rather than operational). At the recent annual general meeting of] British Telecom, which even in the age ofthe mobile phone has a statutory obligation to maintain a payphone network, Farmer demanded that more be done to: maintain the traditional red boxes. It was a point he has In: 2015 the traditional red phone box was voted the greatest British design of all time, ahead of the Routemaster bus, the Spitfire, the union jack and Concorde. It was designed in 1924 by the architect Sir Giles Gilbert Scott, whose other creations include Liverpool's Anglican cathedral and MpshwaihwguardancomomApaNyANvpAedayhowsNnewilasimgl  made at past. AGMs - always, he says, to audience applause.  1/7