HomeMy WebLinkAbout2024-02-22 - Board of Directors Meeting Agenda Packet
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, February 22, 2024, 8:30 AM
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
This meeting will be held in person. For public convenience, the meeting can also be accessed via
internet-based service or telephone as indicated below. For questions regarding participation, please call
the Board Secretary at (714) 701-3020.
Computer/Mobile Device: https://us06web.zoom.us/j/82647833144
Telephone: (669) 444-9171 or (669) 900-6833
Meeting ID: 826 4783 3144
2. CALL TO ORDER
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
Trudi DesRoches, President
Tom Lindsey, Vice President
Brett R. Barbre, Director
Phil Hawkins, Director
Gene Hernandez, Director
5. ADDITIONS/DELETIONS TO THE AGENDA
Items may be added to the agenda upon determination by a two-thirds vote of the Board, or a
unanimous vote if only three Directors are present, that there is a need to take immediate action which
came to the District's attention subsequent to the agenda being posted. (GC 54954.2(b)(2))
6. AB 2449 TELECONFERENCE REQUESTS
7. PUBLIC COMMENTS
Any individual wishing to address the Board (or Committee) is requested to identify themselves and state
the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the
individual for their comment when the item is considered. No action will be taken on matters not listed on
the agenda. Comments are limited to three minutes and must be related to matters of public interest
within the jurisdiction of the Water District. (GC 54954.3)
8. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board (or Committee) discussions
are needed prior to formal action.
8.1. Amending Board of Directors Policies and Procedures Manual
Recommendation: That the Board of Directors adopt Resolution No. 2024-XX
amending Sections 4.2 (A)(3) and 4.2 (I) of the Board of Directors Policies and
Procedures Manual.
9. DISCUSSION ITEMS
This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action
of the Board (or Committee) at the meeting, such as technical presentations, drafts of proposed policies,
or similar items for which staff is seeking advice and counsel. Time permitting, it is generally in the
District’s interest to discuss these more complex matters at one meeting and consider formal action at
another meeting. This portion of the agenda may also include items for information only.
Page 1 of 161
9.1. Mid-Year Review of Fiscal Year 2023-24 Budget
9.2. Goals and Objectives for Fiscal Year 2024-25 Operating and Capital Budget
9.3. Fiscal Year 2024-25 Budget Workshop #1
9.4. Communications Goals, Objectives, and Strategies
10. CLOSED SESSION
The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The
public is excused during these discussions.
10.1. Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Counsel
11. REPORT FROM CLOSED SESSION
12. ADJOURNMENT
12.1. The next regular meeting is scheduled Thursday, March 14, 2024 at 8:30 a.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of
Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District’s Administrative building located at 1717 E Miraloma Ave, Placentia
CA 92870 during regular business hours. When practical, these materials will also be posted on the District’s
website at https://ylwd.com/. (GC 54957.5)
Accommodations for the Disabled
Requests for disability-related modifications or accommodations, including auxiliary aids or services, required for
participation in the above-posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24
hours in advance. (GC 54954.2(a))
Page 2 of 161
ITEM NO. 8.1.
AGENDA REPORT
MEETING DATE: February 22, 2024
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Lori Thompson, Human Resources and Risk Manager
SUBJECT: Amending Board of Directors Policies and Procedures Manual
RECOMMENDATION:
That the Board of Directors adopt Resolution No. 2024-XX amending Sections 4.2 (A)(3) and 4.2 (I)
of the Board of Directors Policies and Procedures Manual.
BACKGROUND:
The Board previously reviewed, but did not adopt, labor counsel's proposed amendments to the
Board's Policies and Procedures Manual, Section 4.2 (A)(3) on November 21, 2023. At that time,
staff provided a summary of survey information, received from nine agencies, relative to the
applicability of Harassment, Discrimination, and Retaliation Prevention (HDRP) policies to Boards of
Directors. Relevant portions of the nine agency's policies, obtained through staff's survey, are
included as attachments to this report. The majority of responding agencies have one HDRP policy
that covers both employees and the Board, but do not have a specific procedure outlined for
handling allegations of Director non-compliance. Those agencies that do have a separate procedure
for such allegations refer to general provisions identified in their Board governance policies or
conduct standards, similar to Section 4.2.(I) of YLWD's Board manual (admonition, sanction,
censure, etc.).
Based on input from the Board during the November 21, 2023 Board meeting, additional revisions to
the previously proposed amendments have been made to Section 4.2 (A)(3) and Section 4.2(I).
Specifically, Items (a) and (b) of Section 4.2 (A)(3) have been removed entirely, and existing
language stating "These procedures shall not be effective in any case in which a non-board member
seeks redress for alleged misconduct by a Board member." has been removed from Section 4.2(I).
Staff recommends the Board adopt the proposed amendments to Section 4.2.(A)(3) and 4.2(I) of the
Board of Directors Policies and Procedures Manual at this time.
REVIEWED BY GENERAL COUNSEL: Yes
STRATEGIC PLAN INITIATIVES:
G5 2D - Maintain a strong District culture and ethics as described in core values.
ATTACHMENTS:
Page 3 of 161
ATTACHMENTS:
1. 2023 BOD Policies and Procedures Manual - Sections 4.2 (3) and 4.2 (I) - REDLINE
2. Resolution No. 2024-XX - Amending Board Policy and Procedures Manual
3. ETWD - BOD Guidelines
4. IRWD - Personnel Policies and Business Conduct
5. Mesa WD - HDRP Policy
6. MNWD - Personnel Policy
7. MWDOC - Admin Code and Personnel Manual Excerpts
8. OCWD - Personnel Manual and BOD Rules Excerpts
9. SCWD - Personnel Manual Excerpt
10. Serrano WD - HDRP Policy
11. SMWD - Personnel Rules and Ethics Policy Excerpts
Page 4 of 161
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 8
4.2 Code of Conduct and Ethics
A.It is the policy of the District to require the highest standards of ethics from its Board
members. The operation of the District requires that decisions and policy be made
within the proper channels of governmental structure, that the public office not
be used for personal gain, and that all individuals associated with the District
remain impartial and responsible towards the public. Accordingly, it is the policy
of the District that Board members shall maintain the highest standard of personal
honesty and fairness in carrying out their duties. The following are requirements for
ethical conduct to be followed by the Board:
1.Board members are obligated to uphold the Constitution of the United
States and the Constitution of the State of California, and to uphold the
laws of national, state and local governmental agencies. Board members
shall comply with all applicable laws regulating their conduct, including
conflicts of interest, financial disclosure and open government laws. It is the
responsibility of Board members to conduct themselves both professionally
and personally in a manner above reproach and to avoid the appearance
of impropriety.
2.New Directors shall participate in a minimum of two hours of ethics
compliance training and two hours of harassment prevention training as
soon as practical, but not more than six months, from the first day of service
with the District and at least once every two years thereafter. A Director
who serves on more than one local agency board may satisfy this
requirement by obtaining such training once every two years without
regard to the number of boards on which he/she serves. The District shall
provide information regarding available training on an annual basis. All
Directors shall provide a copy of proof of participation in these trainings to
the District. Copies of proofs of participation shall be considered public
documents and shall be retained for a minimum of five years.
3.Board members in the performance of their official duties and
responsibilities shall neither harass nor discriminate against any individual on
the basis of their protected classification(s), the perception of any
individual's protected classification(s), or because the individual associates
with a person who has or is perceived to have a protected classification(s).
The term “pProtected cClassification” includes race (including but not
limited to, hair texture and protective styles), religion or religious creed,
color, sex (including gender, gender identity, gender expression,
transgender, pregnancy, childbirth, , and breastfeeding, or related
medical conditions), sexual orientation (including heterosexuality,
homosexuality, and bisexuality), national origin, ancestry, citizenship status,
marital status, age (40 or over), medical condition, genetic characteristics
or information, military or veteran status, and physical or mental disability
(whether perceived or actual), reproductive health decision-making, and
any other basis protected by law. No Board member shall grant any unfair
or inappropriate consideration, treatment, or advantage to any individual
or group beyond that which is available to others or groups with the same
circumstances. No Board member shall retaliate against any individual
because the individual engaged in protected activity. The term “protected
activity” includes, but is not limited to (a) making a request for
Page 5 of 161
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 9
accommodation for a disability; (b) making a request for accommodation
for religious beliefs; (c) making a complaint against a Board member; (d),
opposing violations of this manual; or (e) participating in any investigation
or procedures undertaken pursuant to this manual.
a.Any Board member who receives a complaint/report regarding
harassment, discrimination, or retaliation shall immediately report it
to the General Manager. The General Manager, in consultation with
legal counsel, will determine what level of investigation and
response is necessary.
b.If a Board member is the subject of a complaint, the General
Manager and District Counsel will hire an outside investigator, as
appropriate, to investigate the complaint. The investigation shall be
conducted in a way that ensures, to the extent feasible, the privacy
of the parties involved.
i.The investigation will typically include interviews with the
reporting individual, the accused, and any other person who
is believed to have relevant knowledge concerning the
allegations. Any Board member who is identified as a subject
or witness in the investigation must cooperate with the
investigator, including by submitting to an interview. Any
Board members interviewed by the investigator shall not
discuss the interview with any individuals or District
employees. Any retaliation by a Board member against the
reporting individual or any individuals who participate in the
investigation is prohibited.
ii.The investigator shall submit a written report to the General
Manager and District Counsel. The General Manager and/or
District Counsel will consult with the Board members who are
not a subject of the investigation about the results of the
investigation and any remedial action, if necessary, designed
to end any violations of this manual. Any Board member
found to have discriminated, harassed, or retaliated against
any individual may be subject to appropriate sanction or
censure as determined by the Board members who are not a
subject of the investigation.
iii.The District will take reasonable steps to protect the reporting
party from further harassment, discrimination, and/or
retaliation.
iv.The investigation report is attorney work-product and
attorney-client privileged and the Board members who are
not a subject of the investigation will not waive the privileges
and disclose the investigation report except as it deems
necessary to support a disciplinary action, to take remedial
action, to defend itself in adversarial proceedings, or to
comply with the law or a court order. At the conclusion of the
investigation, the General Manager and/or District Counsel
Page 6 of 161
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 10
3.v.
will notify the appropriate persons of the disposition of the
investigation.
Subsection A.3. is based primarily on the Harassment,
Discrimination, and Retaliation Prevention Policy (POL-7010-
005) which applies to District employees and others.
Accordingly, the General Manager and District Counsel may
rely on language in that Policy, which does not conflict with
Subsection A.3., to implement Subsection A.3.
(Title VII of the Civil Rights Act [42 USC § 2000e et seq.]; Age Discrimination
in Employment Act [29 USC § 623 et seq.]; Americans with Disabilities Act
[42 USC § 12101]; Equal Pay Act [29 USC § 206(d)]; Fair Employment and
Housing Act [GC § 12940 et. seq.]; 2 CCR § 11023 et seq.; Equal Employment
Opportunity Commission, Checklist For Employers [available at
https://www.eeoc.gov/checklists-and-chart-risk-factors-employers])
4.Except where specifically authorized by the General Manager in the public
interest, no Board member shall knowingly use or permit the use of District-
owned vehicles, equipment, telephones, materials or property, nor require
a District employee to perform services for personal convenience or profit.
Board members shall safeguard the District’s property, equipment, moneys,
and assets against unauthorized use or removal, as well as from loss due to
criminal act or breach of trust.
5.Board members shall not disclose information that legally qualifies as
confidential to unauthorized individuals without approval from a majority
vote of the Board and consultation with legal counsel. This includes
information that (1) has been received during a Closed Session; (2) is
protected from disclosure under the attorney/client or other evidentiary
privilege; or (3) is not required to be disclosed under the California Public
Records Act. A Board member may make a confidential inquiry or
complaint to a district attorney or grand jury concerning a perceived
violation of law, including disclosing facts to a district attorney or grand jury
necessary to establish the alleged illegality of a District action. Prior to
disclosing confidential information, however, a Board member shall first
bring the matter to the attention of either the President or the full Board.
6.Board members shall avoid conflicts, or perceived conflicts of interest in
connection with District decisions and activities.
a.A Board member shall not have a financial interest in a contract with
the District, which includes the purchase or sale of goods and
services. The Board shall not authorize any District contract if a Board
member is financially interested in the contract.
b.A Board member shall not participate in the discussion, deliberation
or vote on a matter before the Board, or attempt to influence a
decision of the Board, if the Board member has a financial interest,
which is prohibited under California law. If a Board member believes
that he/she may be disqualified from participation in the discussion,
Page 7 of 161
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 13
employee; (4) use of a District office or position or of District resources for
personal gain; or (5) a conflict of interest of a Board member or employee.
G.Directors are not subject to the District’s Conflict of Interest Codes, but are subject
to the disclosure requirements of the Political Reform Act. Directors are required
to file a Statement of Economic Interests (Form 700) with the County when
assuming office, on an annual basis thereafter, and when leaving office. Filing of
these forms shall be performed using the County’s e-file system.
H.Directors appointed to other agency’s boards (e.g. OCSD or ACWA-JPIA) shall be
required to file Form 700’s in accordance with that respective agency’s Conflict
of Interest Codes.
I.The following procedures shall be followed when any member of the Board
reasonably believes that another member of the Board has engaged in alleged
misconduct or has failed to act in the best interests of the District. These
procedures shall not be effective in any case in which a non-board member seeks
redress for alleged misconduct by a Board member. While the Board has
discretion in deciding the actions it may choose to take in response to a
complaint, this section provides definitions and procedures related to three types
of actions: admonition, sanction and censure.
1.Admonition is the least severe form of action. An admonition may typically
be directed to all members of the Board, reminding them that a particular
type of behavior is not in the best interests of the District, and that, if it occurs
or is found to have occurred, could cause a member to be subject to
sanction or censure. An admonition may be issued in response to a
particular alleged action or actions, although it will not necessarily have to
be triggered by a complaint of misconduct. An admonition may be issued
by the Board prior to any findings of fact regarding any complaint, and
because it is a warning or reminder, will not necessarily require an
investigation.
2.Sanction is the next most severe form of action. Sanction shall be directed
to an individual member of the Board based on a particular action (or set
of actions) that is determined to be misconduct but is considered by the
Board not to be sufficiently serious to require censure. A sanction may be
based upon the Board’s review and consideration of a complaint. A
sanction may be issued by the Board, and because it is not punishment or
discipline, will not necessarily require an investigation.
3.Censure is the most severe form of action. Censure is a formal statement
of the Board officially reprimanding one of its members. It is a punitive
action, which serves as a penalty imposed for misconduct, but it carries no
fine or suspension of the rights of the member as an elected official. It can
however, include such actions as the disapproval of expense
reimbursement requests, de-authorization of attendance at conferences,
seminars and other activities at District expense, removal of the member
from Board committee, agency and intergovernmental meeting
assignments, and other such remedies as may be deemed appropriate by
the Board. Censure shall only be used for cases in which the Board
determines that the misconduct is a serious offense. In order to protect the
overriding principle of freedom of speech, the Board shall not impose
Page 8 of 161
Yorba Linda Water District Board of Directors' Policies and Procedures Manual 14
censure on any of its members for the exercise of his/her First Amendment
rights, no matter how distasteful the expression was to the Board or the
District. However, nothing herein shall be construed to prohibit the Board
from collectively condemning and expressing their strong disapprobation
of such remarks. Before the imposition of a censure, the Director accused
of a violation shall be entitled to written notice of the allegation, the right
to provide a written response to the allegation, and an opportunity to
respond in writing as to the results of an investigation.
J.All complaints shall be submitted in writing to the General Manager and/or the
District’s legal counsel for review and determination as to whether there is
sufficient basis for further action. Complaints that specifically seek admonition,
sanction or censure as a specific remedy shall be treated as a request for that
remedy. Once a complaint has been filed, the General Manager, in conjunction
with legal counsel, shall bring the matter before the Board. The Director named in
a complaint shall be given an opportunity to respond to the complaint in writing.
If the Board determines, in consultation with legal counsel, that an investigation is
warranted, the Board shall initiate an investigation by the appropriate investigator,
entity or authority, as determined in the reasonable discretion of the Board. In the
event of such an investigation, a report of the findings of said investigation, along
with the accused Director’s written response to the report, shall be presented to
the board for majority action. If there is no merit, the matter shall be disposed of
with no further action. When the Board decides, based upon findings and the
accused Director’s defense, that a violation has occurred, it may choose to
impose one of the above listed internal remedies. Any action taken by the Board
to impose a sanction or censure, shall be taken by way of written resolution.
K.At any point during any of these processes, the Board may refer the matter, as
appropriate, to the Orange County District Attorney or other proper authorities for
possible investigation, enforcement or prosecution. Prior to or following such
referral, the Board may also proceed with any of the actions described in this
section.
Page 9 of 161
Resolution No. 2024-XX Amending Board Policies and Procedures Manual 1
RESOLUTION NO. 2024-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
AMENDING SECTIONS 4.2(A)(3) AND 4.2(I) OF THE
BOARD OF DIRECTORS POLICIES AND PROCEDURES MANUAL
WHEREAS,the Board of Directors of the Yorba Linda Water District routinely
reviews and makes revisions to their Policies and Procedures Manual
(Manual); and
WHEREAS,the Board of Directors desires to further amend this Manual to
incorporate and clarify certain topics.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
SECTION 1.That Sections 4.2.(A)(3) and 4.2(I) of the Board of Directors Policies
and Procedures Manual be amended effective immediately to read
as follows:
4.2(A)(3) Board members shall neither harass nor discriminate against
any individual on the basis of their protected
classification(s), the perception of any individual's
protected classification(s), or because the individual
associates with a person who has or is perceived to have a
protected classification(s). The term “protected
classification” includes race (including but not limited to,
hair texture and protective styles), religion or religious creed,
color, sex (including gender, gender identity, gender
expression, transgender, pregnancy, childbirth,
breastfeeding, or related medical conditions), sexual
orientation (including heterosexuality, homosexuality, and
bisexuality), national origin, ancestry, citizenship status,
marital status, age (40 or over), medical condition, genetic
characteristics or information, military or veteran status,
physical or mental disability (whether perceived or actual),
reproductive health decision-making, and any other basis
protected by law. No Board member shall grant any unfair
or inappropriate consideration, treatment, or advantage to
any individual or group beyond that which is available to
others or groups with the same circumstances. No Board
member shall retaliate against any individual because the
individual engaged in protected activity. The term
“protected activity” includes, but is not limited to (a)
making a request for accommodation for a disability; (b)
Page 10 of 161
Resolution No. 2024-XX Amending Board Policies and Procedures Manual 2
making a request for accommodation for religious beliefs;
(c) making a complaint against a Board member; (d),
opposing violations of this manual; or (e) participating in
any investigation or procedures undertaken pursuant to this
manual.
(Title VII of the Civil Rights Act [42 USC § 2000e et seq.]; Age
Discrimination in Employment Act [29 USC § 623 et seq.];
Americans with Disabilities Act [42 USC § 12101]; Equal Pay
Act [29 USC § 206(d)]; Fair Employment and Housing Act
[GC § 12940 et. seq.]; 2 CCR § 11023 et seq.; Equal
Employment Opportunity Commission, Checklist For
Employers [available at https://www.eeoc.gov/checklists-
and-chart-risk-factors-employers])
4.2(I) The following procedures shall be followed when any
member of the Board reasonably believes that another
member of the Board has engaged in alleged misconduct
or has failed to act in the best interests of the District. While
the Board has discretion in deciding the actions it may
choose to take in response to a complaint, this section
provides definitions and procedures related to three types
of actions: admonition, sanction, and censure.
1.Admonition is the least severe form of action. An
admonition may typically be directed to all members of
the Board, reminding them that a particular type of
behavior is not in the best interests of the District, and
that, if it occurs or is found to have occurred, could
cause a member to be subject to sanction or censure.
An admonition may be issued in response to a particular
alleged action or actions, although it will not necessarily
have to be triggered by a complaint of misconduct. An
admonition may be issued by the Board prior to any
findings of fact regarding any complaint, and because
it is a warning or reminder, will not necessarily require an
investigation.
2.Sanction is the next most severe form of action. Sanction
shall be directed to an individual member of the Board
based on a particular action (or set of actions) that is
determined to be misconduct but is considered by the
Board not to be sufficiently serious to require censure. A
sanction may be based upon the Board’s review and
Page 11 of 161
Resolution No. 2024-XX Amending Board Policies and Procedures Manual 3
consideration of a complaint. A sanction may be issued
by the Board, and because it is not punishment or
discipline, will not necessarily require an investigation.
3.Censure is the most severe form of action. Censure is a
formal statement of the Board officially reprimanding
one of its members. It is a punitive action, which serves
as a penalty imposed for misconduct, but it carries no
fine or suspension of the rights of the member as an
elected official. It can however, include such actions as
the disapproval of expense reimbursement requests, de-
authorization of attendance at conferences, seminars,
and other activities at District expense, removal of the
member from Board committee, agency, and
intergovernmental meeting assignments, and other such
remedies as may be deemed appropriate by the Board.
Censure shall only be used for cases in which the Board
determines that the misconduct is a serious offense. In
order to protect the overriding principle of freedom of
speech, the Board shall not impose censure on any of its
members for the exercise of his/her First Amendment
rights, no matter how distasteful the expression was to
the Board or the District. However, nothing herein shall
be construed to prohibit the Board from collectively
condemning and expressing their strong disapprobation
of such remarks. Before the imposition of a censure, the
Director accused of a violation shall be entitled to
written notice of the allegation, the right to provide a
written response to the allegation, and an opportunity to
respond in writing as to the results of an investigation.
PASSED AND ADOPTED this 22nd day of February 2024 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Trudi DesRoches, President
Yorba Linda Water District
Page 12 of 161
Resolution No. 2024-XX Amending Board Policies and Procedures Manual 4
ATTEST:
Bree Jozwiak, Assistant Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. Gagen, Esq.
Kidman Gagen Law LLP
Page 13 of 161
-82-
Prepared by:
Staff
EL TORO WATER DISTRICT
POLICY STATEMENT
2006-21 (IV)
GUIDELINES FOR BOARD CONDUCT
Page 1 of 6
Item 21
Section IV
Approved by:
Board of Directors
Date:09/28/06
Revision New
All elected or appointed officials of the El Toro Water District should be dedicated to the
highest ideals of integrity and accountability to continue to earn the trust, confidence and
support of the public they serve.
PURPOSE AND SCOPE
The policy of the El Toro Water District is to maintain the highest ethical standards for its
Board members. The proper operation of the District requires decisions and policy to be
made within the proper channels of governmental structure, that public office not be used for
personal gain, and that board members remain objective and responsive to the needs of the
public they serve. Accordingly, it is the policy of the District that Board members and District
employees will maintain the highest standard of personal honesty and fairness in carrying
out their duties. This policy sets forth the basic ethical standards to be followed by the Board
of Directors of the El Toro Water District. The objectives of this policy are to (1) provide
guidance for dealing with ethical issues, (2) heighten awareness of ethics and values as
critical elements in Board members’ conduct, and (3) improve ethical decision-making and
values-based management.
RESPONSIBILITIES OF PUBLIC OFFICE
Board members are obligated to uphold the Constitution of the United States and the
Constitution of the State of California. Board members will comply with applicable laws
regulating their conduct, including conflict of interest, financial disclosure and open
government laws. Board members will strive to work in cooperation with other public
officials unless prohibited from so doing by law or officially recognized confidentiality of their
work.
The members of the Board of Directors, and persons elected but who have not yet assumed
office as members of the Board, will fully comply with the provisions of the State’s open
meeting law for public agencies (the Brown Act).
Approved by Resolution No. 06-9-1 Date: Sept. 28, 2006
“Exhibit B”
Page 14 of 161
-83-
Prepared by:
Staff
EL TORO WATER DISTRICT
POLICY STATEMENT
2006-21 (IV)
GUIDELINES FOR BOARD CONDUCT
Page 2 of 6
Item 21
Section IV
Approved by:
Board of Directors
Date:09/28/06
Revision New
FAIR AND EQUAL TREATMENT
Board members, in the performance of their official duties and responsibilities, will not
discriminate against or harass any person on the basis of race, religion, color, creed, age,
marital status, national origin, ancestry, gender, sexual orientation, medical condition or
disability. A Board member will not grant any special consideration, treatment or advantage
to any person or group beyond that which is available to every other person or group in
similar circumstances.
PROPER USE AND SAFEGUARDING OF DISTRICT PROPERTY AND RESOURCES
Except as specifically authorized, a Board member will not use or permit the use of District-
owned vehicles, equipment, telephones, materials or property for personal benefit or profit.
A Board member will not ask or require a District employee to perform services for the
personal benefit or profit of a Board member or employee. Each Board member must
protect and properly use any District asset within his or her control, including information
recorded on paper or in electronic form. Board members will safeguard District property,
equipment, moneys and assets against unauthorized use or removal, as well as from loss
due to criminal act or breach of trust.
USE OF CONFIDENTIAL INFORMATION
A Director is not authorized, without approval of the Board of Directors, to disclose
information that qualifies as confidential information under applicable provisions of law to a
person not authorized to receive it, that (1) has been received for, or during, a closed
session meeting of the Board, (2) is protected from disclosure under the attorney/client or
other evidentiary privilege, or (3) is not required to be disclosed under the California Public
Records Act.
This section does not prohibit any of the following: (1) making a confidential inquiry or
complaint to a district attorney or grand jury concerning a perceived violation of law,
including disclosing facts to a district attorney or grand jury that are necessary to establish
the alleged illegality of an action taken by the District, an elected official or employee, (2)
expressing an opinion concerning the propriety or legality of actions taken by the District in
closed session, including disclosure of the nature and extent of the allegedly illegal action, or
(3) disclosing information acquired by being present in a closed session that is not
confidential information. Prior to disclosing confidential information pursuant to (1) or (2),
above, however, a Board member will first bring the matter to the attention of either the
Page 15 of 161
-84-
Prepared by:
Staff
EL TORO WATER DISTRICT
POLICY STATEMENT
2006-21 (IV)
GUIDELINES FOR BOARD CONDUCT
Page 3 of 6
Item 21
Section IV
Approved by:
Board of Directors
Date:09/28/06
Revision New
President of the Board or the full Board, to provide the Board an opportunity to cure an
alleged violation.
A Director who willfully and knowingly discloses for pecuniary gain confidential information
received by him or her in the course of his or her official duties may be guilty of a
misdemeanor under Government Code Section 1098.
CONFLICT OF INTEREST
A Board member will not have a financial interest in a contract with the District or be a
purchaser at a sale by the District or a vendor at a purchase made by the District, unless the
Board member’s participation was authorized under Government Code Sections 1091 or
1091.5, or other provisions of law. A Board member will not participate in the discussion,
deliberation or vote on a matter before the Board of Directors, or in any way attempt to use
his or her official position to influence a decision of the Board, if he or she has a prohibited
interest with respect to the matter, as defined in the Political Reform Act, Government Code
Sections 81000, and following, relating to conflicts of interest. Generally, a Director has a
financial interest in a matter if it is reasonable foreseeable that the Board decision would
have a material financial effect (as defined by Fair Political Practices Commission (FPPC)
regulations) that is distinguishable from the effect on the public generally on (a) a business
entity in which the Director has direct or indirect investment in the amount specified in FPPC
regulations; (b) real property in which the Director has a direct or indirect investment interest,
with a worth in the amount specified in FPPC regulations; (c) a source of income of the
Director in the amount specified in FPPC regulations, within 12 months before the Board
decision; (d) a source of gifts to the Director in an amount specified in FPPC regulations
within 12 months before the Board decision; or (e) a business entity in which the Director
holds a position as a director, trustee, officer, partner, manager or employee. An “indirect
interest” means any investment or interest owned by the spouse or dependent child of the
Director, by an agent on behalf of the Director, or by a business entity or trust in which the
Director, or the Director’s spouse, dependent child or agent, owns directly, indirectly or
beneficially a 10 percent interest or greater. An elected official will not accept honoraria, or
gifts that exceed the limitations specified in the Fair Political Practices Act or FPPC
regulations. Board members will report all gifts, campaign contributions, income and
financial information as required under the District’s Conflict of Interest Code and the
provisions of the Fair Political Practices Act and FPPC regulations.
(Government Code Sections 87100 and following.)
Page 16 of 161
-85-
Prepared by:
Staff
EL TORO WATER DISTRICT
POLICY STATEMENT
2006-21 (IV)
GUIDELINES FOR BOARD CONDUCT
Page 4 of 6
Item 21
Section IV
Approved by:
Board of Directors
Date:09/28/06
Revision New
If a member of the Board believes that he or she may be disqualified from participation in the
discussion, deliberations or vote on a particular matter due to a conflict of interest, the
following procedure will be followed: (a) if the Director becomes aware of the potential
conflict of interest before the Board meeting at which the matter will be discussed or acted
on, the Director will notify the District’s General Manager and the District’s legal counsel of
the potential conflict of interest, so that a determination can be made whether it is a
disqualifying conflict of interest; (b) if it is not possible for the Director to discuss the potential
conflict with the General Manager and the District’s legal counsel before the meeting, or if
the Director does not become aware of the potential conflict until during the meeting, the
Director will immediately disclose the potential conflict during the Board meeting, so that
there can be a determination whether it is a disqualifying conflict of interest; and (c) upon a
determination that there is a disqualifying conflict of interest, the Director (1) will not
participate in the discussion, deliberation or vote on the matter for which a conflict of interest
exists, which will be so noted in the Board minutes, and (2) leave the room until after the
discussion, vote and any other disposition of the matter is concluded, unless the matter has
been placed on the portion of the agenda reserved for uncontested matters. The Director
may speak on an uncontested matter during the time the general public speaks on the issue.
A Board member will not recommend the employment of a relative by the District. A Board
member will not recommend the employment of a relative to any person known by the Board
member to be bidding for or negotiating a contract with the District.
A Board member who knowingly asks for, accepts or agrees to receive any gift, reward or
promise thereof for doing an official act, except as may be authorized by law, may be guilty
of a misdemeanor under Penal Code Section 70.
SOLICITING POLITICAL CONTRIBUTIONS
Board members are prohibited from soliciting political funds or contributions at District
facilities, or from District employees. A Board member will not accept, solicit or direct a
political contribution from (a) District employees, officers, consultants or contracts, and (b)
vendors and consultants who have a material financial interest in a contract or other matter
while that contract or other matter is pending before the District. A Director will not use the
District seal, trademark, stationery or other indicia of the District identity, or facsimile thereof,
in any solicitation for political contributions contrary to state or federal laws.
Page 17 of 161
-86-
Prepared by:
Staff
EL TORO WATER DISTRICT
POLICY STATEMENT
2006-21 (IV)
GUIDELINES FOR BOARD CONDUCT
Page 5 of 6
Item 21
Section IV
Approved by:
Board of Directors
Date:09/28/06
Revision New
INCOMPATIBLE OFFICES
Any Board member appointed or elected to a public office of another public entity, the duties
of which may require action contradictory or inconsistent with the interests of the first entity,
will resign from the former office.
IMPROPER ACTIVITIES AND THE REPORTING OF SUCH ACTIVITIES; PROTECTION
OF “WHISTLE BLOWERS”
The General Manager has primary responsibility for (1) ensuring compliance with the District
Personnel Manual, and ensuring that District employees do not engage in improper
activities, (2) investigating allegations of improper activities, and (3) taking appropriate
corrective and disciplinary actions. The Board has a duty to ensure that the General
Manager is operating the District according to law and the policies approved by the Board.
Board members are encouraged to fulfill their obligation to the public and the District by
disclosing to the General Manager to the extent not expressly prohibited by law, improper
activities within their knowledge. Board members will not interfere with the General
Manager’s responsibilities in identifying, investigating and correcting improper activities,
unless the Board determines that the General Manager is not properly carrying out these
responsibilities.
A Board member will not directly or indirectly use or attempt to use the authority or influence
of his or her position for the purpose of intimidating, threatening, coercing, commanding or
influencing any other person for the purpose of preventing such person from acting in good
faith or report or otherwise bring to the attention of the General Manager or the Board any
information that, if true, would constitute: a work-related violation by a Board member or
District employee of any law or regulation, gross waste of District funds, gross abuse of
authority, a specified and substantial danger to public health or safety due to an act or
omission of a District official or employee, use of a District office or position or of District
resources for personal gain, or a conflict of interest of a District Board member or District
employee.
A Board member will not use or threaten to use any official authority or influence to effect
any action as a reprisal against a District Board member or District employee who reports or
otherwise brings to the attention of the General Manager any information regarding the
subjects described in this section.
Page 18 of 161
-87-
Prepared by:
Staff
EL TORO WATER DISTRICT
POLICY STATEMENT
2006-21 (IV)
GUIDELINES FOR BOARD CONDUCT
Page 6 of 6
Item 21
Section IV
Approved by:
Board of Directors
Date:09/28/06
Revision New
COMPLIANCE WITH THE BROWN ACT
The members of the Board of Directors, and persons elected but who have not yet assumed
office as members of the Board, will fully comply with the provisions of the State’s open
meeting law for public agencies (the Brown Act).
CANDIDATE’S STATEMENT
A Board member will not include false or misleading information in a candidate’s statement
for a general District election filed pursuant to Section 13307 of the Elections Code.
VIOLATION OF POLICY
A perceived violation of this policy by a Board member should be referred to the President of
the Board of the full Board of Directors for investigation, and consideration of any appropriate
action warranted. A violation of this policy may be addressed by the use of such remedies
as are available by law to the District, including but not limited to: (a) adoption of a resolution
expressing disapproval of the conduct of the Board member who has violated this policy, (b)
injunctive relief, or (c) referral of the violation to the District Attorney and/or the Grand Jury.
Page 19 of 161
-88-
Prepared by:
Staff
EL TORO WATER DISTRICT
POLICY STATEMENT
2006-21 (IV)
GUIDELINES FOR BOARD CONDUCT
Page of
Item
Section
Approved by:
Board of Directors
Date:
Revision New
Page 20 of 161
48-1
IRVINE RANCH WATER DISTRICT
PERSONNEL POLICIES AND PROCEDURES MANUAL
POLICY NO. 48 – BUSINESS CONDUCT STANDARDS
1. General Policy
The Irvine Ranch Water District is committed to upholding the highest ethical standards
in all business and professional operations and relationships. All employees and public
officials must carry out the mission of the District with the highest level of business
ethics and integrity in order to create and maintain credibility and ensure the public trust.
2. Purpose of Policy
This policy sets forth the minimum ethical standards to be followed by the District’s
employees and public officials. The objective of this policy is to heighten awareness of
ethics and values, provide guidance for dealing with ethical issues, and improve ethical
decision-making.
For the purposes of this policy, “Employee” means any full-time, part-time, regular,
temporary or contracted staff employed by the District. “Public official” means any
publicly elected Board of Director or Board-appointed Committee Member or any other
non-employee who acts as a representative of the District.
3. Standards of Behavior
A. General Employee and Public Official Responsibilities
The proper operation of the District requires that decisions and policies be made
in the proper channels of governmental structure, that the employment
relationship or holding of a public office not be used for personal gain, and that
all individuals associated with the District remain impartial and act responsibly
toward the public. It is the policy of the District that employees and public
officials maintain the highest standard of personal honesty and fairness in
carrying out their duties and abide by all applicable laws and District policies
regulating their conduct. District employees and public officials have a special
relationship of trust with the public. In the arena of public trust, perception is
reality. Employees and public officials must work to avoid any appearance of
impropriety that will erode the public trust.
B. Employee Responsibilities
It is the District’s goal that employees, customers, and the public in general, be
treated fairly and with respect. Individually, every District employee is
responsible for using good judgement and discretion in his or her business and
personal conduct while at work or representing the District outside of the work
environment. Employees are expected to treat each other, District customers, and
Irvine Ranch Water District
Page 21 of 161
POLICY NO. 48 – BUSINESS STANDARDS
48-2
the public with courtesy and professionalism at all times. Employees are required
to abide by all District policies.
C. Public Officials Responsibilities
1. Proper Use and Safeguarding of District Property and Resources
Except as specifically authorized, a public official will not use or permit
the use of District-owned vehicles, equipment, telephones, materials or
property for personal convenience or profit or require a District employee
to perform services for personal convenience or profit.
2. Use of Confidential Information
A public official may not disclose confidential information that has been
received for or during a closed session meeting or that is protected by
attorney/client privilege unless authorized by the Board of Directors or
required under the California Public Records Act.
3. Soliciting Political Contributions
Public officials are prohibited from soliciting political funds or
contributions at District facilities or from District employees. A public
official will not accept, solicit or direct a political contribution from
District vendors or consultants who have a material financial interest in a
contract or other matter while that contract or other matter is pending
before the District. A public official will not use the District’s identity in
any solicitation for political contributions contrary to state or federal law.
4. Board-General Manager Relationship
The Board of Directors sets the policy for the District. The General
Manager has full charge and control of the construction, maintenance and
operation of the operating and other systems of the District, including the
power and authority to employ and discharge employees, to prescribe the
duties of employees, and to fix and alter the compensation of employees,
consistent with Board-approved District policies and the provisions of
law.
The General Manager serves at the pleasure of the Board. The Board
provides policy direction and instructions to the General Manager on
matters within the authority of the Board during duly-convened Board and
Committee meetings. Board members will deal with matters within the
authority of the General Manager through the General Manager and not
through other employees. Board members may request non-confidential,
factual information regarding District operations from District employees.
Board members shall not make requests directly to District employees to
undertake analyses, perform other work assignments or change the priority
of work assignments.
Irvine Ranch Water District
Page 22 of 161
POLICY NO. 48 – BUSINESS STANDARDS
48-3
5. Incompatible Offices
Public officials appointed, elected, or employed in a public office or by
another public entity or organization, the duties of which may require
action contradictory or inconsistent with the Board action, will recuse
themselves from participating in any discussion and/or actions related to a
specific item or will resign from the conflicting position or the IRWD
Board of Directors.
6. Public Officials Compensation and Expense Reimbursement
a. Public officials will be compensated at the rate determined by the
Board consistent with applicable statutes and approval by the
Board for attendance at Board meetings, Committee meetings and
for travel days to and from any conference, meeting or other event
where service is rendered as a public official. Such compensation
will not be paid for more than a total of ten days in any calendar
month. Such compensation will be provided in addition to any
reimbursement for meals, lodging and travel expenses incurred in
attending any conference, meeting or approved event.
b. All travel and conference expenses must comply with the Business
Expense Reimbursement, Travel, Meeting Compensation and
Representation policy, which can be found at s:\District
Policies\Finance\Expense Policy.doc.
4. Reporting Suspected Improper Activities
A. Violation of the Business Conduct Standards Policy
A perceived violation of this policy by an employee should be reported to the
General Manager for investigation. A perceived violation of this policy by a
public official should be referred to the President of the Board or to the full Board
for investigation.
No employee or public official will use or attempt to use any position or official
authority or influence for the purpose of preventing any person from acting in
good faith to report any suspected violation of any District policy.
B. Protection of “Whistle-Blowers”
No employee or public official will use or threaten to use any position or official
authority or influence to effect any action as a reprisal against an employee or
public official who reports any information regarding suspected violations of the
District’s Business Conduct Standards or other related policies.
Irvine Ranch Water District
Page 23 of 161
POLICY NO. 48 – BUSINESS STANDARDS
48-4
5. Related Policies
The District has several policies that address various subjects involving business ethics
and conduct. Employees and elected officials should make sure they are familiar with and
comply with the ethical components of all District policies including but not limited to:
A. General Policies/EEO Commitment (Policy 2)
B. Violence in the Workplace Policy (Policy 4)
C. Hiring Policy (Policy 6)
D. Honesty and Integrity Policy (Policy 28)
E. Harassment Policy (Policy 29)
F. Americans with Disabilities Act Policy (Policy 40)
G. Conflict of Interest Policy (Policy 45)
H. Sensitive and Non-Public Information Policy (Policy 47)
I. Business Expense Reimbursement, Travel, Meeting Compensation and
Representation Policy (Finance Policy)
APPROVED:
________________________________ December 15, 2003
Director of Human Resources Date
________________________________ December 15, 2003
General Manager Date
Irvine Ranch Water District
Page 24 of 161
29-1
IRVINE RANCH WATER DISTRICT
PERSONNEL POLICIES AND PROCEDURES
POLICY NO. 29 – PREVENTION AND CORRECTION OF HARASSMENT, DISCRIMINATION, RETALIATION, AND ABUSIVE CONDUCT
1. General Policy
The District is committed to providing a work environment that is free of discrimination,
harassment, and retaliation. In keeping with this commitment, the District maintains a
strict policy prohibiting harassment, including sexual harassment and takes reasonable
steps to promptly correct discriminatory, harassing, and retaliatory conduct. This policy
prohibits harassment in any form, including verbal, physical and visual harassment by or
against any employee, intern, volunteer, applicant for employment, or vendor, or guest.
This policy applies to all of the District's activities, wages, reviews, leaves, training,
benefits, and all other conditions and terms of employment.
As a general guideline, harassment can be avoided if employees act professionally and
treat each other with respect.
2. Purpose of Policy
Federal and state law expressly prohibit discrimination and harassment of employees or
applicants based upon race, color, national origin, religious creed, ancestry, physical or
mental disability, medical condition, pregnancy, childbirth or related medical condition,
age (40 and over), sexual orientation, sex, gender identity, gender expression, genetic
information, military or veteran status, marital status, or any other basis protected by
applicable state or federal law, including association with individuals with these protected
characteristics or perception that an individual has one or more of these protected
characteristics.
The purpose of this policy is to establish a means to protect employees, applicants for
employment, or guests from harassment. Additionally, this policy enforces the District's
long-standing policy that all employees, applicants for employment, and guests should be
able to enjoy a work environment that is free from all forms of unlawful discrimination or
harassment. Discrimination, harassment, and retaliation constitute misconduct that can
decrease work productivity, decrease morale and cause emotional and physical damage.
Incidents of discrimination, harassment, or retaliation can result in serious economic
implications such as high turnover, ineffective use of time during working hours, costly
salaries paid for nonproductive work hours, and employee absences due to hearings and
meetings related to discrimination, harassment, and retaliation complaints.
The further purpose of this Policy is to define and forbid discriminatory, harassing, and
retaliatory conduct, to prohibit the condoning or perpetuating of such conduct, and to
provide an efficient means for reporting and resolving complaints of discrimination,
harassment, or retaliation against any individual who reports discrimination, harassment,
or retaliation or who participates in an investigation of such reports.
Irvine Ranch Water District
Page 25 of 161
POLICY NO. 29 – PREVENTION AND CORRECTION OF HARASSMENT, DISCRIMINATION,
RETALIATION, AND ABUSIVE CONDUCT
29-2
3. Definition of Terms
A. Employee
Any individual under the direction and control of the District under any
appointment or contract of hire or apprenticeship, express or implied, oral or
written. For purposes of this Policy, the term “employee” includes any individual
who is an unpaid intern or volunteer of the District. The inclusion of any
individual, including but not limited to unpaid interns and volunteers, in the
definition of “employee” for purposes of this policy should not be interpreted to
affect the applicability of any other policy or procedure of the District.
B. Legally Protected Category/Legally Protected Characteristic
Race, color, national origin, ancestry, religious creed, sex, sexual orientation,
gender identity, gender expression, marital status, religion, age (over 40), physical
or mental disability, medical condition, pregnancy, childbirth or related medical
condition, physical or mental disability, medical condition, age (40 and over),
genetic characteristics or information, military or veteran status, or any other
protected basis under state or federal law, including association with individuals
with these protected characteristics or perception that an individual has one or
more of these protected characteristics.
C. Discrimination
Discrimination is any action or conduct by which an employee is treated
differently or less favorably than other employees similarly because the employee
is a member of a Legally Protected Category.
D. Harassment
Harassment is any verbal, visual, or physical conduct based on an employee’s
membership in a Legally Protected Category that creates an intimidating, hostile
or otherwise offensive working environment. Such conduct constitutes
harassment when:
1. Submission to the conduct is made either an explicit or implicit condition
of employment;
2. Submission to or rejection of the conduct is used as the basis for an
employment decision; or
3. The conduct unreasonably interferes with an employee’s work
performance by altering the work conditions so that a reasonable person
my find it more difficult to do the job, or creates an intimidating, hostile or
offensive work environment.
Harassing conduct can take many forms and includes, but is not limited to, slurs,
jokes, statements, gestures, pictures, computer images, or cartoons regarding an
employee’s Legally Protected Characteristic.
Irvine Ranch Water District
Page 26 of 161
POLICY NO. 29 – PREVENTION AND CORRECTION OF HARASSMENT, DISCRIMINATION,
RETALIATION, AND ABUSIVE CONDUCT
29-3
Harassment on the job is prohibited whether it involves co-worker harassment,
harassment by a supervisor or manager, or harassment by third parties doing
business with or for the District.
E. Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, or visual, verbal, or
physical conduct of a sexual nature all may constitute sexual harassment when:
(1) submission to such conduct is made a term or condition of employment; or (2)
submission to or rejection of such conduct is used as basis for employment
decisions affecting the individual; or (3) such conduct has the purpose or effect of
unreasonably interfering with an employee’s work performance by altering the
work conditions so that a reasonable person may find it more difficult to do the
job, or creating an intimidating, hostile or offensive working environment.
This definition includes potential forms of offensive behavior, such as the
following:
1. Unwanted sexual advances.
2. Visual conduct, such as leering, making sexual gestures, displaying of
sexually explicit jokes, derogatory images, and comments about an
employee’s body or dress.
3. Verbal sexual advances or propositions.
4. Verbal abuse of a sexual nature, graphic verbal commentary about an
individual’s body, sexually degrading words to describe an individual,
suggestive or obscene letters, notes, or invitations.
5. Physical conduct, such as touching, assault, impeding, or blocking
movements.
6. Retaliation for reporting harassment or threatening to report harassment.
Sexual harassment includes many forms of offensive behavior and may include
harassment of a person of the same or opposite sex as the harasser.
Sexual harassment need not be motivated by sexual desire. Sexual harassment on
the job is prohibited whether it involves co-worker harassment, harassment by a
supervisor or manager, harassment by a subordinate, or harassment by third
parties doing business with or for the District.
F. Abusive Conduct
Conduct of an employer or employee in the workplace, with malice, that a
reasonable person would find hostile, offensive, and unrelated to an employer’s
legitimate business interests, even when not due to an employee’s Legally
Protected Characteristic. It may include repeated infliction of verbal abuse, such
as the use of derogatory remarks, insults, and epithets, verbal or physical conduct
that a reasonable person would find threatening, intimidating, or humiliating, or
the gratuitous sabotage or undermining of a person’s work performance.
Workplace bullying, including off-duty cyber-bullying of employees, is strictly
Irvine Ranch Water District
Page 27 of 161
POLICY NO. 29 – PREVENTION AND CORRECTION OF HARASSMENT, DISCRIMINATION,
RETALIATION, AND ABUSIVE CONDUCT
29-4
prohibited. While abusive conduct and bullying are not per se unlawful, such
conduct does violate District policy and will not be tolerated.
G. Retaliation
Taking adverse action against any employee because of (1) the employee’s
opposition to a practice the employee reasonably believes to constitute
employment discrimination, harassment, retaliation, or abusive conduct or (2)
because of the employee’s participation in an employment discrimination,
harassment, or retaliation investigation, proceeding, or hearing. or (3) because of
such opposition or participation by a family member or close associate of the
employee.
1. Protected Opposition
Protected opposition to perceived discrimination, harassment, retaliation, or
abusive conduct includes, but is not limited to, threatening to file a discrimination,
harassment, or retaliation complaint with any federal or state agency, or court, or
complaining or protesting about alleged discrimination, harassment, retaliation, or
abusive conduct to a supervisor, manager, co-worker, or other official. Protected
opposition also includes a complaint or protest made on behalf of another
employee or made by the employee’s representative. The District also prohibits
retaliation against somebody closely related to or associated with the employee
exercising such rights. Opposition not made in good faith, or made in a manner
which disrupts the workplace, or which constitutes an unlawful activity, or which
includes badgering or threatening of employees or supervisors is not protected.
2. Protected Participation
Protected participation includes, but is not limited to, filing a charge, testifying,
assisting, or participating in any manner in an investigation under this Policy, or
in a proceeding, hearing or litigation under federal or state discrimination,
harassment, or retaliation statutes, at other hearings regarding protected employee
rights, such as unemployment compensation proceedings, and making requests for
reasonable accommodation of a Legally Protected Characteristic.
3. Adverse Action
Adverse actions include, but are not limited to, the following acts: disciplinary
actions, negative performance evaluations, undesirable transfer, undesirable
assignments, negative comments, unwarranted criticism, actions that harm the
employee outside the workplace, undesirable change in benefits, undesirable
change in work schedule, unwarranted exclusion from meetings or events, or
undesirable change in work duties.
H. Supervisor
Any individual having the authority to hire, transfer, suspend, lay off, recall,
promote, discharge, assign, reward, or discipline other employees, or the
responsibility to direct other employees, or to adjust their grievances, or to
effectively recommend such action, if the exercise of that authority is not of a
merely routine or clerical nature , but requires the use of independent judgment.
Irvine Ranch Water District
Page 28 of 161
POLICY NO. 29 – PREVENTION AND CORRECTION OF HARASSMENT, DISCRIMINATION,
RETALIATION, AND ABUSIVE CONDUCT
29-5
Employees who have questions regarding these definitions or are uncertain what constitutes
discrimination, harassment, sexual harassment, retaliation, or other prohibited conduct under the
District’s policy should contact a supervisor or Human Resources.
4. Making Discrimination, Harassment, Retaliation, or Abusive Conduct Complaints
A. In General
The District’s complaint procedure provides for an immediate, thorough, impartial, and
objective investigation of every discrimination, harassment, retaliation, and abusive
conduct claim, appropriate disciplinary action against one found to have engaged in
prohibited discrimination, harassment, retaliation, or abusive conduct, and appropriate
remedies to any victim of discrimination, harassment, retaliation, or abusive conduct. The
District encourages reporting of all perceived incidents of discrimination, harassment,
retaliation, and abusive conduct.
B. Complaint Procedure
1. The District cannot resolve discrimination, harassment, retaliation, or abusive
conduct unless the District is aware of the situation. The District relies upon its
employees to bring those concerns to the attention of the District so that the necessary
steps can be taken to correct the situation, and all employees are encouraged to do so.
Accordingly, any employee, applicant, or guest who believes he or she has been harassed,
discriminated or retaliated against or subjected to abusive conduct should promptly report
the facts of the incident/incidents and the name(s) of the individual(s) involved to his/her
immediate supervisor, any supervisor, Human Resources or to the General Manager.
2. Complaints can be made verbally or in writing and should include the following
information:
a. The employee's name and position title.
b. The name of the person or persons committing the discrimination,
harassment, or retaliation, including their title(s).
c. The specific nature of the discrimination, harassment, retaliation, or
abusive conduct, how long it has been going on, and any adverse
employment action, demotion, failure to promote, dismissal, refusal to
hire, transfer, etc., taken against the victim as a result of the harassment, if
applicable, or any other threats made against the victim as a result of the
harassment.
d. Witnesses to the discrimination, harassment, retaliation, or abusive
conduct, if any.
e. Whether the victim previously has reported such discrimination,
harassment, retaliation, or abusive conduct and, if so, when and to whom.
f. Notification to the District is essential. Employees may be assured that
they will not be penalized in any way for filing a good faith complaint of
potential discrimination, harassment, retaliation, or abusive conduct.
Irvine Ranch Water District
Page 29 of 161
POLICY NO. 29 – PREVENTION AND CORRECTION OF HARASSMENT, DISCRIMINATION,
RETALIATION, AND ABUSIVE CONDUCT
29-6
ALL EMPLOYEES SHOULD NOTE THAT THE FAILURE TO USE THE
DISTRICT’S COMPLAINT PROCEDURE MAY HAVE AN ADVERSE EFFECT
ON ANY CLAIM UNDER THIS POLICY IF SUCH CLAIMS ARE LITIGATED.
C. Reporting Obligations
1. Any supervisor who receives a complaint of discrimination, harassment,
retaliation, or abusive conduct; witnesses discrimination, harassment, retaliation, or
abusive conduct; or has any reason to believe that discrimination, harassment, retaliation,
or abusive conduct may have occurred in the workplace is required to report the conduct
immediately to Human Resources.
2. A supervisor will be subject to discipline for failing to report offensive conduct
that potentially constitutes discrimination, harassment, retaliation, or abusive conduct if
the supervisor knew or should have known of the offensive conduct in the normal course
and scope of his/her supervisory duties.
3. All other employees who observe or are advised about the discrimination,
harassment, retaliation, or abusive conduct involving another employee are encouraged to
report the conduct to a supervisor or to Human Resources.
D. The District’s Response to Reports or Complaints
1. Investigation of Complaints
a. All incidents of discrimination, harassment, retaliation, and abusive
conduct that are reported must be investigated appropriately by the District
so that corrective and preventive actions can be promptly taken if
warranted. The District will promptly undertake or direct an effective,
thorough, impartial, and objective investigation of the allegations, which
will by conducted by qualified personnel.
b. The investigation will include obtaining information from the accused and
anyone who may have been a witness to the alleged misconduct.
Statements made in the course of the investigation will be kept as
confidential as practicable.
c. The District will document each complaint and track each investigation to
ensure reasonable progress, timely closure, and reasonable findings based
on the evidence collected.
2. Intermediary Measures
Employees may be placed on a leave of absence, or subject to other intermediary
measures, until the conclusion of the investigation.
3. Cooperation with the Investigation
a. It is important for the complaining party, the accused party, and all
persons interviewed as witnesses during the investigation to understand
that it is a violation of this policy to discuss any confidential investigation
Irvine Ranch Water District
Page 30 of 161
POLICY NO. 29 – PREVENTION AND CORRECTION OF HARASSMENT, DISCRIMINATION,
RETALIATION, AND ABUSIVE CONDUCT
29-7
matters with other employees, or to conduct separate investigations at any
time. The District will not tolerate any employees who interfere with its
own internal investigations, or internal complaint procedures.
b. All employees involved in a workplace investigation into alleged
discrimination, harassment, retaliation, or abusive conduct are required to
fully and truthfully cooperate with the investigation. Failure to fully and
truthfully cooperate with the investigation is grounds for disciplinary
action, up to and including termination.
c. All employees are prohibited from engaging in retaliation, as defined in
Section 3.G., above.
4. District Determination and Corrective Action
a. The District will make its determination based on the findings of the
investigation and communicate that determination to the complaining
employee, and to the accused. Parties are not entitled to copies of any
notes or other written materials regarding the investigation, as these are
considered to be confidential documents.
b. If it is determined that the accused, or any other employee has violated
District policies, appropriate corrective action will be taken. In addition,
as part of the District’s efforts to remedy the complaining employee's
concerns, the complaining employee will be informed in general terms
regarding any remedial measures and disciplinary actions imposed against
the violator.
c. The information and definitions set forth in Section 3, above, are based on
the legal definitions of discrimination, harassment, and retaliation. In light
of the District’s duty to prevent the unlawful conduct defined in Section 3,
and in light of the District’s desire to have a professional and productive
work environment, the District reserves the right to take appropriate
corrective action when an employee engages in inappropriate conduct that
does not fully rise to the legal standards or definitions set forth in Section
3 of this Policy. For example, the District may take appropriate corrective
action for inappropriate conduct, even if such conduct was not
subjectively unwelcome or offensive to another employee of the District,
or did not involve a legally protected characteristic.
5 Intentionally False Complaints
While the District vigorously defends its employees' right to work in an environment free
of discrimination, harassment, and retaliation, it also recognizes that false accusations of
discrimination, harassment, or retaliation can have serious consequences. Accordingly,
any employee who is found, through the District’s investigation, to have deliberately and
falsely accused another person of discrimination, harassment, or retaliation will be
subject to appropriate disciplinary action, up to and including termination.
6. Anonymity and Confidentiality
Irvine Ranch Water District
Page 31 of 161
POLICY NO. 29 – PREVENTION AND CORRECTION OF HARASSMENT, DISCRIMINATION,
RETALIATION, AND ABUSIVE CONDUCT
29-8
a. While the District will investigate anonymous complaints, the District
strongly discourages anonymous complaints.
b. EMPLOYEES CHOOSING TO FILE A COMPLAINT
ANONYMOUSLY MUST BE AWARE THAT ANONYMITY IN
THE COMPLAINT PROCEDURE MAY COMPROMISE THE
DISTRICT’S ABILITY TO COMPLETE A THOROUGH
INVESTIGATION.
c. Employees should also be aware that should the District learn of the
identity of an anonymous complainant, the District cannot guarantee that
his/her identity will remain confidential, if the District determines in its
discretion that disclosure is necessary to complete the investigation.
d. The District will take all reasonable steps available to maintain the
confidentiality of all complaints of discrimination, harassment, retaliation,
and abusive conduct, as well as all information gathered during an
investigation. However, the District retains sole discretion to determine
whether disclosure of information is necessary to complete the
investigation.
e. All employees involved in the investigation of discrimination, harassment,
retaliation, or abusive conduct complaints as either investigator(s),
complainant(s), witness(es), or accused are required to keep all
information related to the investigation confidential. Revealing such
information is grounds for disciplinary action, except as expressly
permitted by law, such as in discussion with a legal or employee
representative.
5. Employee’s Duty to Disclose Benefits Received
A. Employees are hereby informed that no supervisor, manager, or officer of the
District, or other person or entity doing business with the District, is authorized to
expressly or impliedly condition the receipt or denial of any benefit, compensation, or
other term or condition of employment on an employee’s acquiescence to any sexual
demand.
B. To the contrary, all employees are instructed that they must refuse such demands
and report them promptly either to their immediate supervisor or to Human Resources.
Any employee who is found to have accepted any benefit from the District because
he/she submitted to an unreported sexual demand will be disciplined appropriately,
including but not limited to, reimbursement for the value of any benefits received. Any
employee making such a demand will be similarly disciplined.
6. Additional Enforcement Information
In addition to the District’s internal complaint procedure, employees should also be aware that
the Equal Employment Opportunity Commission (“EEOC”) and the Department of Fair
Employment and Housing (“DFEH”) investigate and prosecute complaints of discrimination,
harassment, and/or retaliation in employment.
Irvine Ranch Water District
Page 32 of 161
POLICY NO. 29 – PREVENTION AND CORRECTION OF HARASSMENT, DISCRIMINATION,
RETALIATION, AND ABUSIVE CONDUCT
29-9
Employees can contact the EEOC as follows: Employees can contact the DFEH as follows:
Los Angeles District Office Los Angeles Office
255 East Temple, 4th Floor 320 West 4th Street, 10th Floor
Los Angeles, California 90012 Los Angeles, CA 90013
800-669-4000 | 800-669-6820 (TTY) 800-884-1684 | 800-700-2320 (TTY)
www.eeoc.gov www.dfeh.ca.gov
7. Training and Policy Dissemination
All employees who are hired by the District will be given a copy of this Policy, and will receive
guidance from the District on its provisions and the District’s commitment to provide a
workplace free from discrimination, harassment, and retaliation. In addition, all supervisory,
nonsupervisory and temporary employees will be trained in accordance with applicable
requirements of the Fair Employment and Housing Act (Government Code § 12950.1) and
implementing regulations. As a course of best risk management practices the District will
provide such training to all other employees periodically.
Adopted by IRWD Board of Directors on: February 11, 2019
Irvine Ranch Water District
Page 33 of 161
MESA WATER DISTRICT
Management Policies and Procedures Manual
Policy No: DM-012
Author: Human Resources
Page No: 1 of 9
Rev. No. 3 Dated: 3/15/16
Effective Date: 12/11 /02
DISCRIMINATION, HARASSMENT AND RETALIATION
POLICY AND COMPLAINT PROCEDURE
I.PURPOSE
Mesa Water District (Mesa Water®) has a strong commitment to prohibiting and
preventing discrimination, harassment and retaliation in the workplace. This
Discrimination, Harassment and Retaliation Policy and Complaint Procedure
(hereinafter referred to as the "Policy") sets forth Mesa Water's policy and
complaint procedures for investigating and resolving discrimination, harassment
and retaliation internal complaints. Mesa Water® encourages all individuals to
report any conduct that they believe violates this Policy as soon as possible. Any
retaliation against a Mesa Water® employee because they filed or supported a
complaint alleging a violation of this Policy or because they participated in the
complaint resolution process is prohibited. Individuals found to have retaliated in
violation of this policy will be subject to appropriate sanction or disciplinary action,
up to and including termination.
Mesa Water® has zero tolerance for any conduct that violates this Policy.
Conduct need not arise to the level of a violation of law to violate this
Policy. Instead, a single act can violate this Policy and provide grounds for
discipline or other appropriate sanctions. Employees who violate this Policy
shall be subject to appropriate sanction or disciplinary action, up to and including
termination.
II.COVERED INDIVIDUALS ANO SCOPE
This Policy applies to all Mesa Water® employees, applicants, officers, officials,
interns, volunteers and contractors. It applies all terms and conditions of
employment, including, but not limited to: hiring, placement, promotion,
disciplinary actions, layoffs, recalls, transfers, leaves of absence, compensation,
training, and working effectively with other employees.
Ill. DEFINITIONS
A.Protected Activity -This Policy prohibits discrimination, harassment and
retaliation because of a covered individual's protected activity. Protected
activity includes: making a request for or receiving an accommodation for a
disability; making a request for or receiving accommodation for religious
Page 34 of 161
MESA WATER DISTRICT
Management Policies and Procedures Manual
Policy No: DM-012
Author: Human Resources
Page No: 2 of 9
Rev. No. 3 Dated:3/15/16
Effective Date: 12/11 /02
DISCRIMINATION, HARASSMENT AND RETALIATION
POLICY AND COMPLAINT PROCEDURE
beliefs or practices; making or supporting a complaint under this Policy;
opposing violations of this policy; or participating in an investigation under this
Policy.
B.Protected Classifications -This Policy prohibits harassment and
discrimination because of a covered individual's protected classification.
"Protected Classification: includes race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression,
age (over 40), sexual orientation, military and veteran status, or any other
basis protected by law.
C.Policy Coverage -This Policy prohibits discrimination, harassment and
retaliation of a covered individual because: (1) of an individual's protected
classification as defined in this Policy; (2) of the perception that an individual
has a protected classification; or (3) the individual associates with a person
who has or is perceived to have a protected classification.
D.Discrimination -This policy prohibits treating covered individuals differently
because of the individual's protected classification as defined in this Policy,
because of the perception of the individual's protected classification, or
because the individual associates with a person who has or is perceived to
have a protected classification.
E.Harassment may include, but is not limited to, the following types of behavior
taken because of a covered individual's protected classification. Note that
harassment is not limited to conduct that Mesa Water® employees engage in.
Under certain circumstances, harassment can also include conduct by those
who are not employees, such as elected officials, appointed officials, persons
providing services under contracts, or even members of the public:
Speech, such as epithets, derogatory comments or slurs, and propositioning
on the basis of a protected classification. This might include inappropriate
comments on appearance, including dress or physical features, gender
identification, or race, ethnic or sexually-oriented stories and jokes.
Physical acts, such as assault, impeding or blocking movement, offensive
touching, or any physical interference with normal work or movement. This
Page 35 of 161
MESA WATER DISTRICT
Management Policies and Procedures Manual
Policy No: DM-012
Author: Human Resources
Page No: 3 of 9
Rev. No. 3 Dated:3/15/16
Effective Date: 12/11 /02
DISCRIMINATION, HARASSMENT AND RETALIATION
POLICY AND COMPLAINT PROCEDURE
includes pinching, grabbing, patting, or making explicit or implied job threats
or promises in return for submission to physical acts.
Visual acts, such as derogatory gestures, posters, cartoons, emails, pictures,
or drawings related to a protected classification.
Sexual advances, requests for sexual favors and other acts of a sexual
nature, where submission is made a term or condition of employment, where
submission to or rejection of the conduct is used as the basis for employment
decisions, or where the conduct is intended to or actually does unreasonably
interfere with an individual's work performance or creates an intimidating,
hostile, or offensive working environment.
F.Guidelines for Identifying Harassment -To help clarify what constitutes
harassment in violation of this Policy, the following guidelines should be
followed:
1.Harassment includes any conduct which would be unwelcome or
unwanted to a reasonable individual of the recipient's same protected
classification and which is engaged in because of the recipient's protected
classification.
2.It is no defense that the recipient appears to have "consented" to the
conduct at issue by failing to protest about the conduct. A recipient may
not protest for many legitimate reasons, including the need to avoid being
insubordinate or to avoid being ostracized or subjected to retaliation.
3.Simply because no one has complained about a joke, gesture, picture,
physical contact, or comment does not mean that the conduct is welcome.
Harassment can evolve over time. Small, isolated incidents might be
tolerated up to a point. The fact that no one has yet is complained does
not preclude someone from complaining at some later time if the conduct
is repeated in the future.
4.Even visual, verbal or physical conduct between two individuals who
appear to welcome the conduct can constitute harassment of a third
person who observes the conduct or learns about the conduct.
Page 36 of 161
MESA WATER DISTRICT
Management Policies and Procedures Manual
Policy No: DM-012
Author: Human Resources
Page No: 4 of 9
Rev. No. 3 Dated:3/15/16
Effective Date: 12/11 /02
DISCRIMINATION, HARASSMENT AND RETALIATION
POLICY AND COMPLAINT PROCEDURE
5.Conduct can constitute harassment even if it is not explicitly or specifically
directed at a particular individual.
6.Conduct can constitute harassment even if the individual engaging in the
conduct has no intention to harass. Even well-intentioned conduct can
violate this Policy if the conduct is directed at, or implicates a protected
classification, and if a reasonable individual of the recipient's same
protected classification would find it offensive (e.g., gifts, over attention,
endearing nicknames, hugs).
G.Retaliation -Retaliation occurs when adverse conduct is taken because of a
covered individual's protected activity as defined by this Policy. "Adverse
conduct" may include but is not limited to: taking sides because an individual
has reported harassment or discrimination; spreading rumors about a
complaint or about the person who complained or about someone who
supports or assists the person who complained; shunning or avoiding an
individual who reports harassment or discrimination; or making real or implied
threats or intimidation to prevent an individual from reporting harassment or
discrimination.
Employees must be able to make a complaint of violation of this Policy without
fear of retaliation from anyone. Employees must be able to cooperate in any
investigation of a complaint without fear of retaliation or reprisals from anyone.
IV.RESPONSIBILITIES
A.General Manager -Responsibilities:
•Reviewing and approving this Policy and future updates;•Ensuring adoption and enforcement of appropriate policies and practices
for complying with laws prohibiting unlawful discrimination, harassment
and retaliation;
•Ensuring provision of prompt responses to complaints of discrimination,
harassment and retaliation; and
•Reviewing and issuing determinations of appeals resulting from
investigations.
B.Human Resources -Responsibilities:
Page 37 of 161
MESA WATER DISTRICT
Management Policies and Procedures Manual
Policy No: DM-012
Author: Human Resources
Page No: 5 of 9
Rev. No. 3 Dated:3/15/16
Effective Date: 12/11 /02
DISCRIMINATION, HARASSM ENT AND RETALIATION
POLICY AND COMPLAINT PROCEDURE
•Complying with laws and Mesa Water® policies prohibiting discrimination,
harassment and retaliation;
•Ensuring that employment-related actions are based solely on lawful, job
related factors;
•Responding promptly to complaints of discrimination, harassment or
retaliation;
•Overseeing the investigation of complaints of discrimination, harassment
or retaliation;
•Maintaining the confidentiality of complaints and investigations of
discrimination, harassment or retaliation claims to the greatest extent
legally possible; and
•Providing training on preventing and responding to complaints of
discrimination, harassment and retaliation to department managers,
supervisors and employees.
C.Managers and Supervisors -Responsibilities:
•Complying with laws and Mesa Water® policies prohibiting discrimination,
harassment and retaliation;
•Making employment-related decisions based solely on lawful, job-related
factors;
•Informing employees of this Policy;
•Modeling appropriate behavior;
•Promptly reporting all discrimination, harassment and retaliation claims to
Human Resources and assisting with their investigation;
•Taking all steps necessary to prevent harassment, discrimination and
retaliation from occurring;
•Receiving complaints in a fair and serious manner, and documenting steps
taken to resolve complaints;
•Following up with those who have complained to ensure that the behavior
has stopped and that there are no reprisals;
•Informing those who complain of harassment, discrimination or retaliation
of their option to contact the U.S. Equal Employment Opportunity
Commission (EEOC) or California Department of Fair Employment and
Housing (DFEH) regarding alleged Policy violations;
•Assisting, advising, or consulting with employees and Human Resources
regarding this Policy;
Page 38 of 161
MESA WATER DISTRICT
Management Policies and Procedures Manual
Policy No: DM-012
Author: Human Resources
Page No: 6 of 9
Rev. No. 3 Dated:3/15/16
Effective Date: 12/11 /02
DISCRIMINATION, HARASSMENT AND RETALIATION
POLICY AND COMPLAINT PROCEDURE
•Assisting in the investigation of complaints involving employee(s) in their
departments and, when appropriate, recommending appropriate corrective
or disciplinary action in accordance with Mesa Water® Employee Rules,
up to and including termination;
•Implementing appropriate disciplinary and remedial actions.
•Reporting potential violations of this Policy of which he or she becomes
aware to Human Resources or the department manager, regardless of
whether a complaint has been submitted;
•Reporting incidents of retaliation of those who have made or supported
complaints or have participated in any investigation pursuant to this Policy;
and
•Participating in periodic training and scheduling employees for training
regarding this Policy.
D.Employees -Responsibilities:
•Complying with laws and Mesa Water® policies prohibiting discrimination,
harassment and retaliation;
•Treating all individuals in the workplace with respect and consideration;
•Modeling appropriate behavior;
•Participating in periodic training regarding this Policy;
•Fully cooperating with investigations pursuant to this Policy by responding
fully and truthfully to all questions posed during the investigation; and
•Immediately reporting acts he or she may believe in good faith constitute
discrimination, harassment or retaliation to their supervisor, manager or
Human Resources.
V.COMPLAINT PROCEDURE
A.When a covered individual believes he/she has encountered discrimination,
harassment or retaliation, he/she should submit a complaint orally or in writing
utilizing the Harassment/Discrimination/Retaliation Complaint Form
(Attachment A) to any of the following:
1.Human Resources;
2.Immediate manager or supervisor; or
Page 39 of 161
MESA WATER DISTRICT
Management Policies and Procedures Manual
Policy No: DM-012
Author: Human Resources
Page No: 7 of 9
Rev. No. 3 Dated:3/15/16
Effective Date: 12/11 /02
DISCRIMINATION, HARASSMENT AND RETALIATION
POLICY AND COMPLAINT PROCEDURE
3.Any manager or supervisor within or outside the department. The
manager or supervisor shall notify Human Resources and the General
Manager as soon as possible.
There is no need to follow the chain of command in order to make complaint
of a violation of this Policy. Also, the person reporting alleged harassment,
discrimination or retaliation need not have been the victim of the conduct
complained of to have standing to report, as long as they reasonably and in
good faith believe that harassment, discrimination or retaliation in violation of
the Policy has in fact occurred.
B.Any supervisor or manager who receives a complaint shall notify Human
Resources immediately.
C.Upon receiving notification of a complaint, Human Resources shall, after
reviewing the complaint and seeking advice of legal counsel when appropriate
authorize and supervise the investigation of the complaint internally by
appropriate Mesa Water® staff, and/or authorize and supervise an outside
investigator to investigate the complaint, in a prompt and impartial manner by
taking the following steps:
1.The investigation shall include interviews with the complainant(s), the
alleged violator(s), and/or any other persons Human Resources has
reason to believe may have relevant knowledge concerning the complaint.
The investigation may include interviews of victims of similar conduct.
2.Reviewing the factual information gathered during the investigation to
determine whether the alleged conduct occurred and if so whether it
constitutes harassment, discrimination or retaliation, giving consideration
to all factual information, the totality of the circumstances, including the
nature of the verbal, physical, visual, or sexual conduct if relevant, and the
context in which the alleged incidents occurred.
3.Reporting a summary of the determination as to whether this Policy has
been violated to appropriate persons, including the complainant(s), the
alleged violator(s), the supervisor, and the department manager.
Page 40 of 161
MESA WATER DISTRICT
Management Policies and Procedures Manual
Policy No: DM-012
Author: Human Resources
Page No: 8 of 9
Rev. No. 3 Dated:3/15/16
Effective Date: 12/11 /02
DISCRIMINATION, HARASSMENT AND RETALIATION
POLICY AND COMPLAINT PROCEDURE
4.If it is determined that this Policy was violated, recommending prompt
remedial action to the manager and/or taking prompt and effective
remedial action against the violator(s). The remedial action will be
commensurate with the severity of the offense, and may include
disciplinary action, up to and including termination. If disciplinary action is
imposed, the disciplinary action will not be communicated to the
complainant(s).
5.Taking reasonable steps, including follow-up interviews, to protect the
victim(s) and other potential victims from further harassment,
discrimination or retaliation.
6.Taking reasonable steps to protect the complainant(s) from retaliation as a
result of submitting the complaint.
7.An employee may appeal the conclusions reached in an investigation of a
possible violation of this Policy by filing a written request with the office of
the General Manager within one week after learning the conclusions. The
General Manager or designee will meet with the employee(s), conduct
whatever additional investigation appears appropriate, and advise the
employee(s) of his/her conclusions. The decision of the General Manager
or designee is final.
D.Mesa Water® takes a proactive approach to potential Policy violations and will
conduct an investigation on its own initiative if its officers, supervisors or
managers become aware that harassment, discrimination or retaliation may
be occurring, regardless of whether the recipient or a third party reports a
•potential violation or submits a complaint.
E.Option to Report to Outside Administrative Agencies -An individual has the
option to report harassment, discrimination or retaliation to the U.S. Equal
Employment Opportunity Commission (EEOC) or the California Department of
Fair Employment and Housing (DFEH). These administrative agencies offer
legal remedies and a complaint process. The nearest offices are listed in the
government section of the telephone book or employees can check the
posters that are located on Mesa Water® bulletin boards for office locations
and telephone numbers.
Page 41 of 161
MESA WATER DISTRICT
Management Policies and Procedures Manual
Policy No: DM-012
Author: Human Resources
Page No: 9 of 9
Rev. No. 3 Dated:3/15/16
Effective Date: 12/11 /02
DISCRIMINATION, HARASSMENT AND RETALIATION
POLICY AND COMPLAINT PROCEDURE
VI.CONFIDENTIALITY
Every possible effort will be made to assure the confidentiality of complaints
made under this Policy to the greatest extent allowed by law. Complete
confidentiality cannot occur, however, due to the need to fully investigate and
the duty to take effective remedial action. An employee who is interviewed
during the course of an investigation shall not attempt to influence any
potential witness while the investigation is ongoing, and may be subject to
discipline or other appropriate sanction for doing so. An employee may
discuss his or her interview with a designated representative. Mesa Water®
will not disclose a completed investigation report except as it deems
necessary to support a disciplinary action, to take remedial action, to defend
itself in adversarial proceedings, or to comply with the law or court order.
VII.DISSEMINATION OF POLICY
All current employees shall receive a copy of this Policy upon its
implementation. All new employees shall receive a copy of this Policy during
their new employee orientation, and shall sign an acknowledgment of receipt
of this Policy.
VIII.ATTACHMENTS
A.Harassment/Discrimination/Retaliation Complaint Form
Page 42 of 161
Attachment A DM-012
MESA WATER DISTRICT
HARASSMENT/DISCRIMINATION/RETALIATION COMPLAINT FORM
COMPLAINANT'S NAME
DEPARTMENT PHONE NO.
!ALLEGED VIOLA TOR(S)
DEPARTMENT PHONE NO.
NAME(S) OF WITNESS(ES):PHONE NO(S).
DESCRIBE THE SPECIFIC INCIDENT(S) REGARDING THE COMPLAINT, INCLUDING DATES, TIMES, PERSONS INVOLVED AND PLACES. (Use the back of this form or attach additional pages as needed.)
WHAT IS AN ACCEPTABLE RESOLUTION TO YOUR COMPLAINT?
COMPLAINANT'S SIGNATURE DATE
DATE RECEIVED BY HR IDATE INVESTIGATION STARTED
SIGNATURE OF HR
Please fill out as much 1nformat1on as possible.
Page 43 of 161
Section 3.16 Policy Against Harassment and Discrimination
The District strictly prohibits harassment or discrimination of an individual because of that
individual’s sex, gender, gender identity, gender expression, race, religious creed, color, age (over
forty), national origin, ancestry, marital status, medical condition, genetic information, military or
veteran status, sexual orientation, physical or mental handicap or disability, or membership in any
other protected classification under applicable law. Such harassment by employees and non-
employees is not only unlawful, but it may result in high turnover, absenteeism, low morale and
productivity, and an uncomfortable work environment. Therefore, the District will not tolerate any
such harassment of its employees and will take affirmative steps to stop it.
A.Application
1.This policy applies to all phases of the employment relationship, including
recruitment, testing, hiring, upgrading, promotion/demotion, transfer,
layoff, termination, rates of pay, benefits, and selection for training.
2.This policy applies to all officers, directors, and employees of the District,
including persons working under contract for the District.
B.Harassment Defined
1.Harassment may consist of offensive verbal, physical or visual conduct
when such conduct is based on, or related to, an individual’s sex and/or
membership in one of the above-described protected classifications, and:
(a)Submission to the offensive conduct is an explicit or implicit term
or condition of employment;
(b)Submission to, or rejection of, the offensive conduct forms the basis
for an employment decision affecting the employee; or
(c)The offensive conduct has the purpose or effect of unreasonably
interfering with an individual’s work performance or creates an
intimidating, hostile or offensive working environment.
2.Examples of what may constitute prohibited harassment include, but are
not limited to, the following:
(a)Kidding or joking about sex or membership in one of the protected
classifications;
(b)Hugs, pats and similar physical contact;
(c)Assault, impeding or blocking movement, or any physical
interference with normal work movement;
Page 1 of 5
Exhibit 2Moulton Niguel Water District
Page 44 of 161
(d) Cartoons, posters and other materials referring to sex, or
membership in one of the protected classifications;
(e) Threats intended to induce sexual favors;
(f) Continued suggestions or invitations to social events outside the
workplace after being told such suggestions are unwelcome;
(g) Degrading words or offensive terms of a sexual nature or based on
the individual’s membership in one of the protected classifications;
(h) Prolonged staring or leering at a person;
(i) Similar conduct directed at an individual on the basis of race, color,
ancestry, religious creed, handicap or disability, medical condition,
age (over 40), marital status, sexual orientation, or any other
protected classification under applicable law; or
(j) Other examples include threats of reprisals; implying or actually
withholding support for appointments, promotion or transfer;
change of assignment; or suggestion that a poor performance report
will be prepared if requests for sexual favors are not met.
C. Reporting Procedure
1. Internal Reporting Procedure
(a) Any employee who believes that he or she is the victim of
harassment by co-workers, Supervisors, visitors, vendors or others
should immediately report the incident to his or her Supervisor, or
in the alternative, the Director of Human Resources or designee,
depending on which individual the employee feels most comfortable
contacting. In the event that the complaint is against the General
Manager, the employee may report the incident directly to the
President of the Board of Directors.
(b) In addition to reporting the incident to District management,
employees are encouraged to recognize the importance of informing
the harasser that his or her behavior is unwelcome, offensive, in poor
taste and inappropriate.
2. External Reporting Procedure
Any employee who believes that he or she has been the victim of sexual or
other prohibited harassment by coworkers, Supervisors, clients or
Page 2 of 5
Exhibit 2Moulton Niguel Water District
Page 45 of 161
customers, visitors, vendors or others may file a complaint with the
California Department of Fair Employment and Housing (DFEH).
D. Investigation
1. Internal Investigation
(a) Upon the filing of a complaint with the District, the employee will
be provided with a copy of this policy. The Director of Human
Resources or designee is the person designated by the District to
investigate complaints of harassment. The Director of Human
Resources or designee may, however, delegate the investigation at
his or her discretion. In the event the harassment complaint is against
the Director of Human Resources or designee, an investigator shall
be appointed by the General Manager (or the Board President, in the
event that the complaint is against the General Manager).
(b) When an allegation of harassment or discrimination is made by an
employee, the Director of Human Resources or designee or other
party to whom the complaint is made shall immediately prepare a
report of the complaint.
(c) The investigator shall make and keep a written record of the
investigation, including notes of verbal responses made to the
investigator by the person complaining of harassment or
discrimination, witnesses interviewed during the investigation, the
person against whom the complaint of harassment was made, and
any other person contacted by the investigator in connection with
the investigation. The investigator’s notes shall be made at the time
the verbal interview is in progress. Any other documentary evidence
shall be retained as part of the record of the investigation. Upon
completion of the investigation, the results shall be given to the
complainant, the alleged harasser, and the Director of Human
Resources or designee (or the General Manager, in the event the
complaint involves the Director of Human Resources or designee).
If the complaint is against the General Manager, the Board President
shall also be provided the results of the investigation.
(d) All records and information related to the investigation of any
alleged harassment and resulting disciplinary action shall be
confidential, except to the extent disclosure is required by law, as
part of the investigatory or disciplinary process, or as otherwise
reasonably necessary.
(e) Based on the report and any other relevant information, the Director
of Human Resources or designee (or General Manager) shall, within
Page 3 of 5
Exhibit 2Moulton Niguel Water District
Page 46 of 161
a reasonable period of time, determine whether the conduct of the
person against whom a complaint has been made constitutes
harassment. In making that determination, the Director of Human
Resources or designee (or General Manager) shall look at the record
as a whole and at the totality of the circumstances, including the
nature of the conduct in question, the context in which the conduct,
if any, occurred, and the conduct of the person complaining of
harassment. The determination of whether harassment occurred will
be made on a case-by-case basis by the Director of Human
Resources or designee (or the General Manager). (If the complaint
is against the General Manager, the Board will determine whether
the complaint constitutes harassment as set forth above.)
2. External Investigation
Charges filed with the DFEH are investigated by the DFEH.
E. Remedies
1. Corrective Action
(a) The District will take whatever corrective action is deemed
necessary, including but not necessarily limited to, disciplining or
discharging any individual who is believed to have violated this
prohibition against harassment. The District does not tolerate
harassment or discrimination of any kind and will take appropriate
disciplinary action whenever such harassment or discrimination is
demonstrated. Other steps may be taken to the extent reasonably
necessary to prevent recurrence of the harassment and to remedy the
complainant’s loss, if any. Any individual who engages in conduct
that is contrary to this policy may be personally liable in any legal
action brought against him or her.
(b) Corrective action shall be consistent with the nature and severity of
the offense, the rank of the harasser, and any other factors relating
to the fair and efficient administration of the District's operations.
2. External Remedies
(a) In the event a complaint is filed with the DFEH, and the DFEH finds
that the complaint has merit, the DFEH will attempt to negotiate a
settlement between the parties.
(b) If not settled, DFEH may prosecute the charging party's case before
the Fair Employment and Housing Commission ("FEHC"). Legal
remedies available through DFEH and FEHC for a successful claim
Page 4 of 5
Exhibit 2Moulton Niguel Water District
Page 47 of 161
by an applicant, employee or former employee include possible
reinstatement to a former job, award of a job applied for, back pay,
front pay, attorneys' fees, and, under appropriate circumstances,
actual damages and/or administrative fines.
(c) In the alternative, where the DFEH determines that a complaint
lacks merit, or within 150 days after filing a complaint with the
DFEH, the DFEH shall inform the alleged victim of his or her right
to request a right-to-sue notice. Upon request by the alleged victim,
the DFEH may grant permission to withdraw the case and pursue a
court action.
F. Retaliation
No employee will be disciplined or otherwise retaliated against for complaining
about such harassment or discrimination, for opposing prohibited conduct, or for
participating in any investigation, proceeding, or hearing conducted by the District, DFEH,
FEHC, Equal Employment Opportunity Commission, or any other state or federal agency.
G. Employee Obligation
1. Employees are not only encouraged to report instances of harassment or
discrimination, they are obligated to report instances of harassment. Reports
are to be made to the Employee’s Supervisor or the Director of Human
Resources or designee.
2. Employees are obligated to cooperate in every investigation of harassment
or discrimination, including, but not limited to:
(a) Coming forward with evidence, both favorable and unfavorable, to
a person accused of harassment or discrimination; and
(b) Fully and truthfully making a written report or verbally answering
questions when required to do so during the course of the District’s
investigation of alleged harassment or discrimination.
3. Knowingly and falsely accusing someone of harassment or discrimination
or otherwise knowingly giving false information in an investigation of
harassment or discrimination shall be grounds for disciplinary action up to
and including termination.
Page 5 of 5
Exhibit 2Moulton Niguel Water District
Page 48 of 161
1300 EMPLOYEES AND DIRECTORS
Different portions of this manual apply to Employees, Directors, the General Manager
and our associated partners including consultants, contractors and vendors. We have
attempted to make the distinctions clear where they exist. For example, the benefits
available to MWDOC Directors are distinctly different from those available to MWDOC
Employees. In addition, the grievance and corrective action process is different for
Employees, the General Manager and Directors. Specifically, grievances against the
GM or a Director are made to the President of the Board, Executive Committee or the
entire Board of Directors. The Board always retains the authority to discipline itself.
The MWDOC Board of Directors (Board of Directors, Board, Directors Board Members)
and the MWDOC Metropolitan Water District Directors (MWDOC-MET Directors) are
considered employees and therefore Director compensation is subject to Social Security
taxation.
Directors are eligible to participate in a qualifying public retirement system in
accordance with IRS guidelines and are eligible for benefits in accordance with
applicable statutes and District policies. In addition, Directors are subject to sections in
the Personnel Manual related to conduct and decorum. In all other aspects, Directors
shall be subject to the laws and regulations as applicable to such officials.
4102 PROHIBITION AGAINST DISCRIMINATION AND HARASSMENT
The District strictly prohibits and has “zero tolerance” for discrimination and harassment
in any phase of the employment and will investigate and take action as appropriate,
including but not limited to recruitment, testing, hiring, upgrading, promotion/demotion,
transfer, layoff, termination, rates of pay, benefits, and selection for training. This
includes sexual harassment (which includes harassment based on sex, pregnancy,
perceived pregnancy, childbirth, breastfeeding, or related medical conditions), as well
as harassment, discrimination, and retaliation based on such factors as race, color,
religion, religious creed (including religious dress and religious grooming practices), sex,
national origin, ancestry, citizenship, age (40 years and older), mental disability and
physical disability (including HIV and AIDS), legally-protected medical condition or
information (including genetic information), protected medical leaves (requesting or
approved for leave under the Family and Medical Leave Act or the California Family
Rights Act), military and/or veteran status, service, or obligation, reserve status, national
guard status, marital status, domestic partner status, gender, gender identity (including
transgender identity), gender expression (including transgender expression), because
Municipal Water District of Orange County
Page 49 of 161
an individual has transitioned (to live as the gender with which they identify), is
transitioning, or is perceived to be transitioning), sex stereotyping, sexual orientation,
status as a victim of domestic violence, sexual assault or stalking, enrollment in a public
assistance program, engaging in protected communications regarding employee wages
or otherwise exercising rights protected under the California Fair Pay Act, requesting a
reasonable accommodation on the basis of disability or bona fide religious belief or
practice, or any other basis protected by federal, state, or local laws.
The District strongly disapproves of and will not tolerate harassment, discrimination, or
retaliation against applicants, employees, interns, or volunteers by managers,
supervisors, co-workers or third parties with whom employees come into contact,
consistent with applicable law. Similarly, the District will not tolerate harassment,
discrimination, or retaliation by its employees directed toward non-employees with
whom the District’s employees have a business, service, or professional relationship
(such as independent contractors, vendors, clients, volunteers, or interns).
4103 TYPES OF HARASSMENT
4103.1 Harassment includes, but is not limited to, the following:
Verbal Forms of Harassment
Epithets, derogatory comments or slurs, propositions based upon a person's protected
status.
Physical Forms of Harassment
Assault, impeding or blocking movement, grabbing, patting, leering, mimicking, taunting
or any physical interference with normal work or movement when directed at an
individual on the basis of their protected status.
Visual Forms of Harassment
Derogatory posters, cartoons or drawings or emails based on a person’s protected
status.
Sexual Harassment
includes, but is not limited to, unwelcome sexual advances, requests for sexual favors
and other verbal or physical conduct of a sexual nature when (1) submission to such
conduct includes either an explicit or implicit condition of employment; (2) submission to
or rejection of such conduct is used as the basis for an employment decision affecting
the harassed employee; or (3) the harassment substantially interferes with an
employee's work performance or creates an intimidating, hostile or offensive work
environment. Examples include unwelcome sexual propositions, hugging, kissing, or
other offensive physical contact of a sexual nature; lewd gestures, remarks or
innuendoes, unwelcome discussions of sexual practices or anatomy, and sexually
offensive posters, photographs, drawings, cartoons, jokes, stories, nicknames, or
comments about appearance.
Municipal Water District of Orange County
Page 50 of 161
Examples of Sexual Harassment: For the purpose of clarification, examples of what
may constitute prohibited sexual harassment include, but are not limited to, the
following:
Making unsolicited sexual advances written, verbal, physical, or visual contact with
sexual overtones. (Written examples: suggestive or obscene letters, notes, invitations.
Verbal examples: derogatory comments, slurs, jokes, epithets. Physical examples:
touching, assault blocking or impeding access, leering gestures, display of sexually
suggestive objects or pictures, cartoons or posters.)
Continuing to express sexual interest after being informed that the interest is
unwelcome. (Reciprocal attraction is not considered sexual harassment.)
Making reprisals, threats of reprisal, or implied threats of reprisal following a negative
response. (For example, implying or actually withholding support for an appointment,
promotion, or change of assignment; suggesting a poor performance report will be
prepared; or suggesting probation will be failed.)
Engaging in implicit or explicit coercive sexual behavior which is used to control,
influence, or affect the career, salary, or work environment of another employee.
Offering favors or employment benefits, such as promotions, favorable performance
evaluations, favorable assigned duties or shifts, recommendations, reclassifications,
etc., in exchange for sexual favors. (Similar conduct when applied to other protected
classes including but not limited to race, color, creed, national origin, age, disability,
medical condition, religion, sexual orientation, or marital status may constitute
harassment and a violation of this policy. For example, racial jokes or degrading
comments about age or ethnic background can constitute harassment under this
policy). Accordingly, in order to avoid the risk of discipline, such acts should be avoided
in all circumstances.
4103.2 Internal Complaint Procedure
Any applicant or employee who believes that he or she has been the victim of sexual or
other prohibited discrimination or harassment by co-workers, supervisors, clients or
customers, visitors, vendors, Board Members or others must immediately notify his or
her supervisor, or another supervisor or manager, depending on which individual the
employee feels most comfortable contacting and the Director of Human Resources of
the alleged conduct. In the event the complaint is against the Director of Human
Resources, then the employee may report the incident to the General Manager or in the
event the complaint is against the General Manager, the employee may report the
incident to the Board President, Executive Committee or the full Board of Directors.
Complaints will be investigated by Human Resources or, where appropriate, a
designated neutral party, and the complainant will be advised of the general outcome of
the investigation. In each case, the employee reporting the problem will receive an oral
or written reply from management on the general results of the investigation and that
remedial action has been taken, if any.
Municipal Water District of Orange County
Page 51 of 161
4103.3 Option to Report to Outside Administrative Agencies
Applicants, officials, contractors and employees may file complaints about harassment
or other employment discrimination with any of the local offices of the U.S. Equal
Employment Opportunity Commission (EEOC) or the Civil Rights Department (CRD),
whose addresses may be found in the local telephone directory.
The EEOC and CRD are authorized to accept and investigate complaints of
employment discrimination and to mediate settlements. These agencies have authority
to issue accusations against employers, conduct formal hearings, and award
reinstatement, back pay, damages, and other affirmative relief. State and federal law
also prohibit retaliation against employees because they have filed a complaint with the
EEOC, CRD, or other relevant agency for participating in an investigation, proceeding,
or hearing with the agency, or opposing any practice made unlawful by federal or state
law.
4103.4 Corrective Action
If any violation of this policy is found to have occurred, the District will take appropriate
corrective action which may include discipline against the individual(s) involved.
Violations of this policy will likely result in immediate termination. See Section 5101 for
further discussion of corrective actions.
If an employee is not satisfied with the reply presented by the Director of Human
Resources, they may file a grievance pursuant to the steps outlined in the Grievance
Procedures, Section 4200.
4103.5 Cooperation
All employees are required to cooperate fully and in good faith with the District in any
investigation under this policy. Knowingly making a false charge of harassment or a
false statement in connection with an investigation, or deliberately interfering with any
such investigation, is also a violation of this policy and grounds for discipline, up to and
including termination.
4103.6 Confidentiality
The District will attempt to keep complaints and investigations under this policy
confidential to the greatest extent possible, but some disclosure may be necessary to
conduct a proper investigation and take appropriate corrective action. Employees are
encouraged to use discretion in discussing complaints or investigations under this policy
with others since unnecessary disclosure may prevent a fair investigation.
4103.7 No Retaliation
No employee will be subject to any form of retaliation for reporting any violation or
participating in any investigation under this policy truthfully and in good
faith. Employees who believe they have been retaliated against in violation of this
policy should utilize the same complaint procedure described in Sections 4103.2 or
4200.
Municipal Water District of Orange County
Page 52 of 161
4103.8 Contractors, Consultants, Vendors, Customers and Other Third Parties
This policy applies to leased employees and individuals providing service to the District
under contract such as consultants and other independent contractors. This policy also
applies to vendors, customers and other third parties who are present in any workplace
where District employees are performing duties (depending on degree of control that the
District has over such individual).
4200 GRIEVANCE PROCEDURE
The grievance procedure provides a means for settling grievances or complaints that
arise over the application of this manual as quickly as possible and at the lowest
possible level of authority. Each step in the procedure must be completed before the
next step may be taken. Failure to take the next step within the timeframes allotted
herein will result in the conclusion that the prior step resolved the grievance and waiver
of the right to continue the grievance. Grievance procedures are not used for contesting
disciplinary actions or performance assessments, unless said actions are alleged to be
pretextual.
A grievance must be filed within ten (10) calendar days of the occurrence of the event or
within ten (10) calendar days following the date the grieving party could have
reasonably known of the occurrence of the act or omission giving rise to the grievance.
Any supervisor or other member of management who receives a grievance must notify
Human Resources of the grievance as soon as practicable. The facts concerning the
grievance and the grievance process are to remain confidential, to the extent possible
given the requirements of District business.
4201 GRIEVANCE STEPS
The following are the “steps” utilized in grievance reporting. Grievances concerning the
Director of Human Resources will be immediately reported to the General Manager. In
in the event the grievance is against the General Manager or a Board Member, the
employee may report the incident to the Board President, the Executive Committee or
the full Board of Directors and the Director of Human Resources, pursuant to Step 4 as
stated in this policy.
Step 1
The employee should initially try to resolve any item of concern informally with his or her
direct supervisor. The direct supervisor should hold a conference with the employee as
soon as reasonably practicable, following the employee’s request and attempt to
informally resolve the issue. If the grievance is against the direct supervisor, the matter
shall be taken directly to Step 2.
Step 2
If successful resolution is not reached in Step 1, the employee shall reduce his or her
concern to writing and submit it to his or her department head. A copy of the formal
written grievance must also be provided to Human Resources. This formal written
Municipal Water District of Orange County
Page 53 of 161
grievance must be submitted within ten (10) calendar days of the date of the occurrence
giving rise to the grievance or the right to file a grievance is waived. The manager, or his
or her designee, shall meet with the grievant, and after the initial meeting, the manager
or his or her designee will investigate the complaint. This investigation may involve
separate conversations or meeting of all parties at the manager’s discretion.
The manager shall attempt to provide his or her written decision with ten (10) calendar
days of the date of the first meeting with the employee.
Step 3
If the employee believes the decision of the manager does not adequately resolve the
issue, the employee may submit a written appeal of that decision to the General
Manager. This appeal must be submitted within ten (10) calendar days of the date of the
manager’s written decision or the right to appeal is waived. The General Manager shall
meet with the grievant and, after the initial meeting, the General Manager or his or her
designee will investigate the complaint. This investigation may involve separate
conversations or meeting of all parties, at the General Manager’s discretion. The
General Manager shall attempt to provide his or her written decision with ten (10)
calendar days of the date of the first meeting with the employee.
Step 4
In order to submit an appeal to either the Board President, the Executive Committee or
full Board of Directors, an employee must first go through Steps 1 through 3. If the
employee believes the decision of General Manager does not adequately resolve the
issue, the employee may request reconsideration. The written request must be
submitted within ten (10) calendar days of the General Manager’s decision. The Board
President, Executive Committee or full Board of Directors will be furnished with the
then-existing written record. The Executive Committee or full Board of Directors will
meet as soon as practicable to consider the grievance. The Executive Committee or full
Board of Directors may, in its discretion, rely on the existing record or conduct a hearing
in whatever way deemed appropriate under the circumstances. The Committee or full
Board of Directors may call any witnesses or parties, if it deems such testimony
necessary. If the employee desires, he or she may be represented. The decision of the
Executive Committee or full Board of Directors shall attempt to provide its decision in
writing within ten (10) calendar days of the close of the hearing. The action of the
Executive Committee or full Board of Directors is final and binding.
Municipal Water District of Orange County
Page 54 of 161
2.BOARD OF DIRECTORS
2.1 BOARD OF DIRECTORS
The District is governed by a ten-member Board of Directors representing geographic divisions within the District. Seven
Directors are elected by general election of their respective constituents for a four-year term, and three are appointed by the
City Councils of the Cities of Santa Ana, Anaheim, and Fullerton for a four-year term, subject to removal by the City Council.
2.2 BENEFITS
Directors as “Employees”
Motion No. 93-230, Adopted June 16, 1993
In accordance with IRS regulations and OCWD’s outside auditor’s at the time (KPMG Peat Marwick)
recommendation, Directors’ classification from “independent contractors” to employees effective 9/1/93.
Medical Insurance
Dental Insurance
Vision Insurance
Life Insurance
Retirement Plans - (Directors elected to participate in the Money Purchase Retirement Plan rather than
contribute to Social Security.)
401 (A) Employee Retirement Plan/Money Purchase Plan
457 (B) Deferred Compensation Plans
2.3 RETIREE MEDICAL BENEFITS
Resolution No. 82-6-52, Adopted June 16, 1982
Clarified by Motion No. 01-94, Adopted May 2, 2001
Eligibility for group health insurance coverage is presently extended to retired Directors (who took office prior to
January 1, 1995) age 55 or over with at least 12 years of service with the District, and their spouse at the time
of separation of employment. The Retiree Medical Benefit cannot be taken as a cash equivalent.
2.4 CANDIDATE STATEMENTS
Resolution No. 79-6-53, Adopted June 20, 1979
District shall not pay for publication of election candidate's statements. Statements shall not contain more than
200 words. District does not authorize additional material to be mailed with sample ballot and District will not
pay any costs for handling, packaging and mailing such additional material.
2.5 COMPENSATION
California Water Code - Sections 20201 and 20202
The Water Code governs the amount and method of local agencies providing compensation to members of the
governing board. The code provides that the Board may, by ordinance following a public hearing, increase its
compensation by an amount not to exceed an amount equal to 5 percent for each calendar year following the
operative date of the last adjustment. Any compensation adjustment does not become effective until 60 days
from the date of adoption of the ordinance.
2.6 DISTRICT ACT SECTION 6.5
Government Code Section 53232.3
District Act Section 6.5
Resolution No. 01-1-10 and 01-10-1, Adopted January 17, 2001 and October 17, 2001. Amended by Resolution
No. 19-10-154, Adopted October 16, 2019.
Orange County Water District
Page 55 of 161
19. MISCELLANEOUS POLICIES
19.1 Honorariums
It is the policy of the Orange County Water District that honorariums for
presentations accomplished on District time by District employees shall be paid to,
and retained by, the District for deposit into the General Fund of the District.
19.2 Royalties
It is the policy of the Orange County Water District that royalties for publication of
work accomplished on District time by District employees shall be paid to and
retained by the District for deposit into the General Fund of the District.
19.3 Conflicts of Interest and Acceptance of Gifts and Other
Gratuities
Employees shall not take part in or attempt in any manner to influence the
consideration of any application, proceeding, or other matter involving their own
personal property, real estate, investment, or other interest, or that of any relative or
close personal acquaintance. In all such situations, the employee must disclose the
nature of the relationship to his/her immediate supervisor and request to be relieved
of any responsibility or involvement in such matter.
Employees shall not directly or indirectly solicit any gift or receive any gift, whether
in the form of money, services, loan, travel, entertainment, hospitality, promise, or
any other form, under which circumstances it could reasonably be inferred the gift
was intended to influence them or could be expected to influence them in the
performance of their official duties, or was intended to influence them or could be
expected to influence them in the performance of their official duties, or was
intended as a reward for any official action on their part.
Gifts that will be shared with office staff, such as boxes of candy, flowers, and food,
may be viewed as exceptions provided, they are minimal value and do not exceed
limits imposed by law for gifts to public employees. All financial disclosure laws and
regulations must be complied with.
If an employee receives any gift as specified above, the gift shall be rejected firmly
but as tactfully as possible, so the good intentions of the giver are properly
acknowledged.
19.4 Equal Employment and Harassment
19.4.1 Scope
This policy applies to all Supervisors of the District, as well as to co-employees,
elected and appointed officials, persons contracting with the District, producers, and
other persons at the workplace whom the District knows or has a reason to know
are violating this policy. All District personnel are expected to avoid any conduct that
could be construed as harassment by any employee. Appropriate corrective action
Orange County Water District
Page 56 of 161
will be taken against all offenders, including discipline or discharge of Supervisors
or employees who violate this policy.
19.4.2 Equal Employment
The District is an equal opportunity employer. Personnel actions will comply with all
applicable laws prohibiting discrimination based on race, religious creed, color,
national origin, ancestry, physical handicap, intellectual disability, medical condition,
marital status, pregnancy, age, genetic information, gender, gender identity, gender
expression, sex, military or veteran status or sexual orientation. Any technique or
procedure used in recruitment and selection of employees shall be designed to
measure only the job-related qualifications of applicants. No recruitment or selection
technique shall be used which, in the opinion of the District, is not justifiably linked
to successful job performance.
19.4.3 Sexual Harassment
Sexual harassment of all types is specifically prohibited. Sexual harassment of
employees in the workplace is illegal, unacceptable and will NOT be tolerated.
19.4.3.1 Definition
Under State and Federal law, it us unlawful to harass a person because of that
person’s sex. Sexual harassment includes unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual nature. “Sexual
harassment” also includes gender harassment and harassment based on
pregnancy, childbirth, or related medical conditions. The definition of sexual
harassment includes many forms of offensive behavior, including harassment of a
person of the same gender as the harasser. It is illegal whenever: (a) submission to
such conduct is made a condition of employment, either expressly or implied; (b)
submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting that individual; or (c) such conduct has the purpose
or effect of unreasonably interfering with an individual’s work performance or
creating an intimidating, hostile, or offensive working environment.
Examples of sexual harassment include unwelcome sexual propositions or marriage
proposals; unwelcome hugging, kissing, or other offensive physical contact of a
sexual nature; lewd gestures, remarks, or innuendos; unwelcome discussions of
sexual practices or anatomy; and sexually offensive posters, photographs,
drawings, cartoons, jokes, stories, nicknames, or comments about appearance.
19.4.4 Policy Against Harassment
The District strictly prohibits harassment of employees in the workplace based on
race, religion, color, national origin, ancestry, physical handicap, intellectual
disability, medical condition, marital status, age, gender, gender identity, or sexual
orientation. Harassment includes all forms of offensive or unwelcome physical or
verbal conduct that interferes with an employee’s work or creates an offensive or
hostile working environment.
Orange County Water District
Page 57 of 161
Any employee who believes he/she has been unlawfully harassed should bring the
matter to the attention of the employee’s Supervisor immediately and provide a full
and accurate report of the underlying facts. Where the employee’s Supervisor is the
alleged harasser, the employee should bring the matter to the attention of the
Supervisor’s superior. Employees are urged to report to the employee’s Supervisor,
but this is not required if the employee feels uncomfortable in doing so, or if the
employee believes the Supervisor is the harasser. In all cases, employees are free
to report such problems directly to the Director of Human Resources. Supervisors
are required to report complaints to the Human Resources Department. At no time
should the supervisor or department manager initiate an investigation of a reported
complaint. All investigations shall be coordinated by Human Resources. If a member
of the Human Resources Department is the subject of a complaint, the General
Manager will designate an outside investigator. If the General Manager is the subject
of a complaint, Human Resources will coordinate the investigation with the Board
President.
Upon notification of a harassment complaint, the Director of Human Resources, or
other person acting in that capacity, shall promptly conduct an investigation of the
complaint or bring in an independent outside investigator to conduct the
investigation.. The investigation will generally include interviews with (1) the
complainant; (2) the accused harasser; and (3) any other person the Investigator, or
person acting in that capacity, has reason to believe has relevant knowledge
concerning the complaint. This may include victims of similar conduct.
All such reports will be kept confidential to the greatest extent possible; however,
some disclosure will be necessary to conduct a proper investigation. In each case,
the employee reporting the problem will receive a written reply from the Director of
Human Resources, or other person acting in that capacity, on the results of the
investigation and the action taken, if any. Any employee who is not satisfied with the
reply may appeal to the General Manager and will receive a reply in writing. If the
General Manager is the subject of an investigation, a designee will be assigned to
hear the appeal.
No employee shall be subject to any form of retaliation for reporting any violation, or
for participating in any investigation under this policy, provided that they have done
so truthfully and in good faith. Employees who believe they have been retaliated
against in violation of this policy may utilize the grievance procedure described in
this Personnel Manual.
The Department of Fair Employment and Housing Act (DFEH) prohibits unlawful
sexual harassment, as well as other forms of discrimination based on race, color,
national origin, religious creed, age, disability, marital status, gender, gender
identity, sexual orientation, and medical condition.
Orange County Water District
Page 58 of 161
Employees may file complaints about sexual harassment or other illegal
employment discrimination with the California Fair Employment and Housing
Commission (1390 Market Street, Suite 410, San Francisco, CA 94102; Telephone
415-557-2325), or with the California Department of Fair Employment and Housing
(San Bernardino Office: 1845 S. Business Center Drive, #127, San Bernardino, CA
92408-3426; Telephone 909-383-4711).
The Department of Fair Employment and Housing (DFEH) is authorized to accept
and investigate complaints of employment discrimination and to mediate
settlements as well as issue accusations against employers, conduct formal
hearings, and award reinstatement, back pay, damages, and other affirmative relief.
The Law prohibits retaliation in any investigation, proceeding, or hearing concerning
the allegations..
The District will NOT tolerate any unlawful harassment or discrimination in
employment. Violation of this policy can result in immediate termination of
employment.
A violation of this policy is subject to the formal grievance procedure as described
in this Personnel Manual. If the allegation of harassment implicates any person
rendering in a decision at any step in the grievance procedure, the employee may
omit that particular step and proceed to the next step of the grievance procedure.
19.4.5 Malicious Complaints
While the District vigorously defends its employees’ right to work in an environment
free from work harassment, it also recognizes that false accusations of harassment
can have serious consequences. Accordingly, any employee who is found, through
the District’s investigation, to have knowingly falsely accused another person of
harassment will be subject to appropriate disciplinary action up to and including
termination.
19.5 Workplace Violence Policy
19.5.1 Policy
The Orange County Water District (District) is committed to the principle that a work
environment free of threats, violence, threatening behavior and acts of violence is
essential for effective and efficient work and services. Civility, understanding, and
mutual respect toward fellow employees and members of the public are intrinsic to
the services we provide.
The District does not tolerate acts of workplace violence, sexual harassment,
intimidation, or threatening language committed by or against employees. Verbal
threats of violence, threatening behavior, or acts of violence by anyone, including
employees, contractors or the public, while engaged in District business or while
performing official duties, will not be tolerated. The District strictly prohibits
employees from making threats or engaging in violent acts. Employees found to
Orange County Water District
Page 59 of 161
10 South Coast Water District Oct. 2022
Each employee will receive periodic written performance reviews, in a process,
format and style determined by the District and your supervisor. Generally,
performance evaluations will be conducted annually and/or on a shorter or longer
schedule established by the District and/or by your supervisor.
The evaluation will be conducted by your supervisor and will be reviewed with you.
You and your supervisor will be required to electronically sign the evaluation simply
to acknowledge that it has been presented to you, that you have discussed it with
your supervisor, and that you are aware of its contents.
2.8 Exit Interviews
The General Manager and Human Resources may solicit feedback in the form of
an exit interview to discuss your reasons for leaving and any other impressions
that you may have about South Coast Water District. During the exit interview,
you can provide insights into areas for improvement for South Coast Water District
and your specific position.
2.9 Return of District Property
Any and all property issued to you by South Coast Water District, such as software,
computer equipment, office equipment, telecommuting equipment, databases,
files, emergency backpacks, cell phone, keys, door badges, gate remote control,
and credit card(s) must be returned at the time of your termination. You will be
responsible for any lost or damaged items.
2.10 Personnel Files
Human Resources maintains a personnel file on each employee. You may review
your personnel file upon request and in the presence of Human Resources
personnel. If you are interested in reviewing your file, contact Human Resources
to make arrangements. Additionally, management reserves the right to review a
personnel file within their line of supervision.
To ensure that your personnel file is up-to-date at all times, notify Human
Resources of any changes in your name, telephone number, home address,
withholding instructions, number of dependents, beneficiary designations,
scholastic achievements, the individuals to notify in case of an emergency, and so
forth.
III. HARASSMENT, DISCRIMINATION AND RETALIATION
3.1 Equal Employment Opportunity
The District is an equal opportunity employer and makes employment decisions
on the basis of conduct and merit. The District desires to have the best available
persons in every job position.
The District is committed to providing a work environment free of harassment,
discrimination, retaliation and disrespectful or other unprofessional conduct based
on:
Page 60 of 161
11 South Coast Water District Oct. 2022
• Race
• Religion (including religious dress and grooming practices)
• Color
• Sex/gender (including pregnancy, childbirth, breastfeeding or related
medical conditions), sex stereotype, gender identity/gender
expression/transgender (including whether or not you are transitioning or
have transitioned) and sexual orientation
• National origin
• Ancestry
• Physical or mental disability
• Medical condition
• Genetic information/characteristics
• Marital status/registered domestic partner status
• Age (40 and above)
• Sexual orientation
• Military or veteran status
• Any other basis protected by federal, state or local law or ordinance or
regulation.
The District also prohibits discrimination, harassment, disrespectful or
unprofessional conduct based on the perception that anyone has any of those
characteristics or is associated with a person who has or is perceived as having
any of those characteristics.
In addition, the District prohibits retaliation against individuals who raise complaints
of discrimination or harassment or who participate in workplace investigations.
3.2 Harassment Prevention
The District's policy prohibiting harassment applies to all persons involved in the
operation of the District. The District prohibits harassment, disrespectful or
unprofessional conduct by any employee of the District, including supervisors,
managers and co-workers. The District's Anti-Harassment Policy also applies to
vendors, customers, independent contractors, unpaid interns, volunteers, persons
providing services pursuant to a contract and other persons with whom you come
into contact while working.
Prohibited harassment, disrespectful or unprofessional conduct includes, but is not
limited to, the following behavior:
• Verbal conduct such as epithets, derogatory jokes or comments, slurs or
unwanted sexual advances, invitations, comments, posts or messages;
• Visual displays such as derogatory and/or sexually oriented posters,
photography, cartoons, drawings or gestures;
• Physical conduct including assault, unwanted touching, intentionally
blocking normal movement or interfering with work because of sex, race or
any other protected basis;
Page 61 of 161
12 South Coast Water District Oct. 2022
• Threats and demands to submit to sexual requests or sexual advances as
a condition of continued employment, or to avoid some other loss and
offers of employment benefits in return for sexual favors;
• Retaliation for reporting or threatening to report harassment; and
• Communication via electronic media of any type that includes any conduct
that is prohibited by state and/or federal law or by District policy.
Sexual harassment does not need to be motivated by sexual desire to be unlawful
or to violate this policy. For example, hostile acts toward an employee because of
his/her gender can amount to sexual harassment, regardless of whether the
treatment is motivated by sexual desire.
Prohibited harassment is not just sexual harassment, but harassment based on
any protected category.
3.3 Discrimination Prevention
The District is committed to compliance with all applicable laws providing equal
employment opportunities. This commitment applies to all persons involved in
District operations. The District prohibits unlawful discrimination against any job
applicant, employee or unpaid intern of the District, including supervisors and
coworkers.
3.4 Retaliation Prevention
The District will not retaliate against you for filing a complaint or participating in any
workplace investigation or complaint process and will not tolerate or permit
retaliation by management, employees, or co-workers.
3.5 Reasonable Accommodation
Discrimination can also include failing to reasonably accommodate religious
practices or qualified individuals with disabilities where the accommodation does
not pose an undue hardship.
To comply with applicable laws ensuring equal employment opportunities to
qualified individuals with a disability, the District will make reasonable
accommodations for the known physical or mental limitations of an otherwise
qualified individual with a disability who is an applicant or an employee unless
undue hardship would result.
Any job applicant or employee who requires an accommodation in order to perform
the essential functions of the job should contact District Human Resources and
discuss the need for an accommodation. The District will engage in an interactive
process with the employee to identify possible accommodations, if any, that will
help the applicant or employee perform the job. An applicant, employee or unpaid
intern who requires an accommodation of a religious belief or practice (including
religious dress and grooming practices, such as religious clothing or hairstyles)
should also contact District Human Resources and discuss the need for an
Page 62 of 161
13 South Coast Water District Oct. 2022
accommodation. If the accommodation is reasonable and will not impose an undue
hardship, the District will make the accommodation.
3.6 Complaint Process
If you believe that you have been the subject of harassment, discrimination,
retaliation or other conduct prohibited by law, bring your complaint to your
supervisor or any other District supervisor, Human Resources, or the General
Manager as soon as possible after the incident. You can bring your complaint to
any of these individuals. If you need assistance with your complaint, or if you prefer
to make a complaint in person, contact Human Resources. Please provide all
known details of the incident or incidents, names of individuals involved and names
of any witnesses. It would be best to communicate your complaint in writing, but
this is not mandatory.
The District encourages all individuals to report any prohibited incidents of
harassment, discrimination, retaliation or other prohibited conduct forbidden by this
policy immediately so that complaints can be quickly and fairly resolved.
You also should be aware that the Federal Equal Employment Opportunity
Commission and the California Department of Fair Employment and Housing
investigate and prosecute complaints of prohibited harassment, discrimination,
and retaliation in employment. If you think you have been harassed or
discriminated against or that you have been retaliated against for resisting,
complaining or participating in an investigation, you may file a complaint with the
appropriate agency. The nearest office can be found by visiting the agency
websites at www.dfeh.ca.gov and www.eeoc.gov.
Supervisors must refer all complaints involving harassment, discrimination,
retaliation, or other prohibited conduct to Human Resources or the General
Manager of the District so the District can try to resolve the complaint.
When the District receives allegations of misconduct, it will immediately undertake
a fair, timely, thorough and objective investigation of the allegations in accordance
with all legal requirements. The District will reach reasonable conclusions based
on the evidence collected.
The District will maintain confidentiality to the extent possible. However, the District
cannot promise complete confidentiality. The employer's duty to investigate and
take corrective action may require the disclosure of information to individuals with
a need to know.
If the District determines that harassment, discrimination, retaliation, or other
prohibited conduct has occurred, appropriate and effective corrective and remedial
action will be taken in accordance with the circumstances involved. The District
also will take appropriate action to deter future misconduct.
Any employee determined by the District to be responsible for harassment,
discrimination, retaliation, or other prohibited conduct will be subject to appropriate
disciplinary action, up to, and including termination. Employees should also know
Page 63 of 161
14 South Coast Water District Oct. 2022
that if they engage in unlawful harassment, they can be held personally liable for
the misconduct.
3.7 Reporting of Improper Activities
The District is committed to compliance with the federal and state laws, rules, and
regulations to which it is subject, including those concerning improper activities.
These laws promote efficient and appropriate use of public funds and enable the
District to achieve its mission. The District’s internal controls and operating
procedures are intended to prevent and detect improper activities. However, the
District may not always be able to prevent or detect such activities. Therefore, the
District relies on employees to bring suspected improper activities to its attention.
This Policy outlines a procedure for employees to report improper activities.
All employees are encouraged to report any known or suspected improper
activities involving other employees as well as directors, consultants, vendors,
contractors, outside agencies doing business with employees of such agencies,
and/or any other entities having a business relationship with the District. The
District maintains an open-door policy and suggests that employees share their
questions, concerns, or complaints with someone who can address them properly.
The District will take all appropriate steps to thoroughly evaluate any reports of
improper activities which are brought to its attention.
In addition, the California Attorney General’s Office maintains a Whistleblower
Hotline which employees may call to report possible violation of federal and state
laws, rules, and regulations. Information on the Hotline is posted in all District
facilities.
As used in this Whistleblower Policy, “improper activities” includes, but is not
limited to, all the following:
• Any act which is in violation of any state or federal law or regulation,
including, but not limited to, corruption, malfeasance, bribery, theft of
government property, fraudulent claims, fraud, coercion, conversion,
malicious prosecution, misuse of government property, or willful
omission to perform duty;
• Misappropriation of funds, securities, supplies, or other district assets;
• Impropriety in the handling or reporting of money or financial
transactions;
• Authorizing or receiving payment for goods not received or services
not performed;
• Falsifying or altering District records;
• Accepting or seeking anything of material value from contractors,
vendors, or persons providing services/materials to the District where
the communication is made that a payment or donation is required in
order to do business with the District;
• Misusing or destroying District property or the property of another on
District premises; and
• Any similar or related irregularity.
Page 64 of 161
15 South Coast Water District Oct. 2022
If an employee has a reasonable belief that an improper activity has occurred, the
employee is encouraged to report his/her concerns to his/her immediate
supervisor. If the employee believes that the issue requires the involvement of
someone other than his/her immediate supervisor due to the seriousness of the
conduct or the persons involved, the employee should contact the next level
supervisor, Human Resources or the General Manager. If for any reason the
employee does not feel comfortable reporting the information to either the next
level supervisor, Human Resources or the General Manager, he or she should
report the information directly to the District’s General Counsel.
Upon receipt of any report of an improper activity from any subordinate employee,
supervisors and management level employees should report the information to
Human Resources or the General Manager. If for any reason the supervisor or
management level employee does not feel comfortable reporting the information
to either Human Resources or the General Manager, he or she should report the
information directly to the District’s General Counsel.
Upon receipt of any report of an improper activity, Human Resources or the
General Manager shall consult with the District’s General Counsel. The District’s
counsel will assist in evaluating what response is appropriate, including a
determination regarding whether, under applicable law, the circumstances warrant
an investigation and how any such investigation should be conducted. District
management should not attempt to conduct investigations, interviews, or
interrogations without the initial evaluation of District Counsel. However, District
management is ultimately responsible for taking appropriate corrective measures
to ensure adequate controls exist to prevent reoccurrence of improper activities.
District management is also responsible for ensuring that the applicable
requirements of state law respecting ethics are followed, including the Political
Reform Act.
Confidentiality will be maintained to the extent possible within the limitations of the
law and the legitimate need to know in order to carry out an investigation. Release
of an employee’s name may be required pursuant to a subpoena or in other
circumstances as required by law. In addition, an employee’s public testimony may
be necessary to prove the case against the alleged wrongdoer.
3.8 Retaliation Prohibited
The District will not retaliate against any employee who reports to the District, or
any other government or law enforcement agency, a potential violation of the
federal or state laws, rules and regulations based on a reasonable belief that such
violation has occurred. In addition, the District will not retaliate against an
employee for refusing to participate in an activity that would result in a violation of
federal or state laws, rules, and regulations. District employees are expressly
prohibited from taking any adverse actions against an employee for exercising
these rights. Employees who believe they have been subject to any form of
retaliation based on exercising their rights as a whistleblower should promptly
Page 65 of 161
16 South Coast Water District Oct. 2022
report the conduct to their immediate supervisor, to Human Resources, the
General Manager or District General Counsel.
Employees may be subject to disciplinary action in accordance with this Personnel
Manual, up to and including termination, for making accusations of improper
activities or retaliation, which they do not reasonably believe to be true.
3.9 Informal Internal Dispute Resolution
Misunderstandings or conflicts can arise in any organization. To ensure effective
working relations, it is important that such matters be resolved before serious
problems develop. Most incidents resolve themselves naturally; however, should
a situation persist that you believe is detrimental to your employment with the
District and does not involve prohibited conduct such as illegal discrimination,
harassment or retaliation, as described above, you are encouraged to follow the
procedure described below for bringing an informal complaint to management's
attention.
Step One. Try to resolve the matter informally with your co-employee if you
deem it is safe and appropriate;
Step Two. Discussing the problem with your supervisor is encouraged as the
next step. If, however, you do not believe a discussion with your supervisor is
appropriate, you may proceed directly to Step Three.
Step Three. If your problem is not resolved after discussion with your supervisor
or if you feel discussion with your supervisor is inappropriate, you are
encouraged to request a meeting with Human Resources. If, however, you do
not believe a discussion with Human Resources is appropriate, you may discuss
the matter with the General Manager.
IV. DISCIPLINARY ACTION
4.1 Authority
The General Manager shall have the authority to demote, terminate, reduction in
pay, or suspend without pay, for cause, as hereinafter defined, any regular full-
time or part-time employee of the District. The rights set forth in this Article does
not apply to probationary employees or to employees holding positions listed on
the Executive Compensation Salary Schedule, all of whom are at-will and serve at
the pleasure of the District. At-will employees can be disciplined up to and
including termination without cause or notice.
4.2 Cause
“Cause” shall include, but is not limited to:
• Absence without approved leave
• Excessive absence or tardiness
• Actions contrary to the personnel rules and regulations of the District
• Inefficiency or incompetence
Page 66 of 161
17 South Coast Water District Oct. 2022
• Failing to meet or comply with the minimum standards of a position or to
perform the duties required of an employee in that position in an effective
and timely manner
• Discourteous treatment of the public or other employees
• Failure to possess or keep in effect any license, certification, or other similar
requirement necessary for the employee to perform the duties of the job
position or required by such job classification
• Misuse of sick leave
• Any willful act of conduct undertaken in bad faith, either during or outside of
duty hours, which is of such a nature that it causes discredit to the District
or the employee’s department
• Willful disobedience, insubordination, or actions contrary to specific
directions given by management
• Dishonesty
• Intoxication while on duty
• Use of, possession of, or being under the influence of alcohol, drugs, or
narcotics while on duty or in such close proximity thereof as to cause any
detrimental effect upon the employee or upon other employees
• Falsification of forms, records, or reports including, but not limited to,
timesheets, employment applications, etc.
• Possessing or bringing firearms or weapons onto District property, including
District vehicles, or possessing firearms or weapons in personal vehicles on
District property
• Possession or consumption of intoxicating beverages, illicit drugs, or
narcotics on District property, including district vehicles
• Disorderly or immoral conduct while on duty
• Conviction of a felony or misdemeanor involving moral turpitude
• Sexual harassment or other unlawful harassment of other employees
• Neglect of duty
• Working overtime without authorization
• Abuse or misuse of District property or equipment
• Abusive, offensive, or vulgar language
• Threatening or intimidating other employees or supervisors
• Actions incompatible with, or not in the best interests of, the purposes of the
District
• Failure to follow safe working practices or failure to promptly report an injury
• Sleeping on the job
• Violations of the District Computer Use and E-mail Policies
V. EMPLOYEE CONDUCT
Employees are expected to observe certain standards of job performance and
good conduct. When performance or conduct does not meet District standards, the
District will endeavor, when it deems appropriate, to provide the employee a
reasonable opportunity to correct the deficiency. This opportunity could be in the
form of an informal discussion, formal warning, or written reprimand.
Page 67 of 161
18 South Coast Water District Oct. 2022
The rules set forth below are intended to provide employees with fair notice of what
is expected of them. However, such rules cannot identify every type of
unacceptable conduct and performance. Therefore, employees should be aware
that conduct not specifically listed below but which adversely affects or is
otherwise detrimental to the interests of the District, other employees, or members
of the public, may also result in disciplinary action.
5.1 Job Performance
Employees are expected to:
• Perform satisfactory work quality and quantity;
• Maintain a good and cooperative attitude (rudeness or lack of cooperation
are unacceptable);
• Maintain good attendance (excessive absenteeism, tardiness, or abuse of
break and lunch privileges are unacceptable);
• Follow instructions and District policies and procedures; and
• Follow established safety regulations.
5.2 Employee Misconduct
Employee misconduct includes, but is not limited to the following:
• Insubordination;
• Dishonesty;
• Theft;
• Discourtesy;
• Misusing or destroying District property or the property of another on District
premises;
• Violating conflict of interest rules;
• Disclosing or using confidential or proprietary information without
authorization;
• Falsifying or altering District records, including the application for
employment;
• Interfering with the work performance of others;
• Altercations;
• Using obscene, abusive, or threatening language or gestures; indifference
or rudeness towards a customer, fellow employee, or vendor; any
disorderly/antagonistic conduct on District premises;
• Spreading malicious gossip and/or rumors; engaging in behavior which
creates discord and lack of harmony; interfering with another employee on
the job; restricting work output or encouraging others to do the same;
• Discrimination, harassment, or retaliation of employees or members of the
public;
• Being under the influence of, dispensing, distributing, using, or possessing
alcohol or illegal controlled substances on District property or while
conducting District business;
• Gambling on District premises or while conducting District business;
Page 68 of 161
19 South Coast Water District Oct. 2022
• Sleeping during scheduled working hours;
• Leaving the job without authorization;
• Exhibiting excessive or unexcused absenteeism or tardiness; and/or failure
to promptly report an absence or late arrival to your supervisor;
• Possessing a personal firearm or other dangerous weapon on District
property or while conducting District business. “Dangerous weapons”
include firearms, explosives, knives, and other weapons that might be
considered dangerous or that could cause harm;
• Being convicted of a crime that indicates unfitness for the job or raises a
threat to the safety or well-being of the District, its employees, customers,
or property;
• Failing to report to the District, within five business days, any conviction
under any criminal drug statute for a violation occurring in the workplace;
• Smoking and vaping is prohibited in District owned or operated buildings,
District vehicles, or within 20 feet of an entrance to a public or District owned
building. Employees must comply with any City regulations related to
smoking/vaping;
• Smoking and vaping is prohibited while performing job duties and will only
be permitted while on breaks or during lunch in designated areas;
• Fraudulent activities including but not limited to the following:
misappropriation of District assets; improprieties in the handling or reporting
of money transactions; authorizing or receiving payment for goods not
received or services not performed; computer-related activity involving
unauthorized alteration, destruction, forgery, or manipulation of data or
misappropriation of District-owned software; misrepresentation of
information on documents;
• Possessing, claiming to possess, brandishing, or using a weapon while on
District premises or engaged in District business;
• Engaging in behavior that creates a reasonable fear of injury in another
person;
• Violating security or safety rules or failing to observe safety rules or the
District safety practices; failing to wear required safety equipment;
tampering with the District’s equipment or safety equipment;
• Using District property and supplies, particularly for personal purposes in
an excessive, unnecessary, or unauthorized way.
5.3 Disciplinary Action
“Disciplinary Action” means action taken by the Department Manager or
Supervisor or designee for disciplinary reasons, pursuant to these Policies.
Nothing in these Policies requires imposition of disciplinary action in any particular
order. The use of each disciplinary action depends on the severity of the
misconduct and/or repetition of misconduct. Disciplinary actions include:
• Informal discussion;
• A formal warning;
• A written reprimand;
• Disciplinary suspension;
Page 69 of 161
20 South Coast Water District Oct. 2022
• Reduction in pay;
• Demotion; or
• Termination.
5.4 Disciplinary Procedures
5.4.1 Disciplinary Actions Subject to Appeal
A disciplinary suspension without pay, a reduction in pay, a demotion, or a
termination can be appealed pursuant to the following procedure:
5.4.2 Written Notice
The employee’s Manager/Supervisor shall give the employee a written
notice of the proposed disciplinary action at least five working days prior to
the effective date. The written notice shall be personally delivered to the
employee or sent by certified mail to the employee’s last known address.
The notice generally will include the following information:
• A description of the proposed action to be taken and its proposed
effective date or dates;
• The specific grounds and particular facts upon which the action is
proposed to be taken;
• The employee’s right to receive a copy of the written materials
alleged to support the proposed actions;
• A statement advising the employee of the right to respond, orally or
in writing, within five working days after the receipt of the written
notice; and
• A statement that failure to respond by the deadline stated in the
notice shall constitute a waiver of the right to respond prior to final
discipline being imposed.
5.4.3 Notice of Action Taken
Within a reasonable time after the receipt of the employee’s response, if
any, or of the expiration of employee’s time to respond, the
Manager/Supervisor shall issue a Notice of Action Taken. The Notice of
Action Taken shall state the action taken, the reasons therefore, and the
discipline imposed.
5.4.4 Appeal of Notice of Action Taken
An employee who wishes to appeal the Notice of Action Taken must do so
by giving the General Manager written notice of appeal within five working
days of the date of the Notice of Action Taken. If no written appeal is
received within five working days, the decision to discipline is final. If the
employee submits a timely written appeal, then an appeal hearing shall be
scheduled to take place at least ten working days after the appeal is filed.
The General Manager or his/her designee shall serve as the Hearing
Officer.
Page 70 of 161
21 South Coast Water District Oct. 2022
The Hearing Officer shall rule on the admission or exclusion of evidence.
The hearing shall proceed in the following order, unless the Hearing Officer,
for special reason, otherwise directs:
(1) The party imposing discipline shall be permitted to make an
opening statement.
(2) The appealing party shall be permitted to make an opening
statement.
(3) The party imposing disciplinary action shall produce the evidence
on his/her defense and offer his/her evidence in support thereof.
(4) The party appealing may then open his/her defense and offer
his/her evidence in support thereof.
(5) The parties may then, in order, respectively offer rebutting evidence
only, unless the Hearing Officer for good reason, permits them to offer
evidence upon their original case.
(6) Closing arguments or closing written briefs shall be permitted at the
discretion of the Hearing Officer.
The Hearing Officer shall determine relevancy, weight, and credibility of
testimony and evidence, and shall base his/her findings on a
preponderance of evidence. The Hearing Officer shall render his/her
findings and recommendations as soon after the conclusion of the hearing
as possible and in no event later than thirty calendar days after conducting
the hearing, unless otherwise agreed to by the parties. The General
Manager may either adopt the recommendations or findings or modify the
findings based on evidence in the record. The General Manager shall issue
the decision no later than ten working days after the Hearing Officer has
issued his/her recommendations. The General Manager’s decision is final.
5.4.5 Employee Rights and Restrictions
• Right to Representation: The employee has the right to a
representative throughout the pre-disciplinary process, at the
employee’s own cost. That representative is chosen by the employee
and may be an attorney, an outside representative, or another District
employee. If a District employee is selected as the representative, that
employee’s Department Manager/Supervisor must be notified in order
to obtain permission to be absent from assigned duties necessary to
make representation. Such permission shall not be unreasonably
withheld.
• Right to Investigate: The employee and the employee’s representative
wishing to enter a work area for the purpose of investigating the notice
of proposed discipline must first obtain permission to do so from Human
Resources. Any investigation shall be conducted on non-working time
unless the Department Manager/Supervisor has granted prior approval
to use District time. Permission in either case shall not be unreasonably
withheld, giving consideration to the work of the department and
occupational safety.
Page 71 of 161
Page 72 of 161
Page 73 of 161
Page 74 of 161
EXillBIT "A"
General Governance Guidelines
Policy of the Board of Directors
South Coast Water District
Reference: This policy is a Governance Policy appended by the approval of the
South Coast Water District Board of Directors to Resolution No. 11-04/05, as Exhibit
"A" thereto.
Title: General Governance Guidelines
Date of Adoption: June 3, 2005
A core value of Board of Director service is the responsibility of each member of the
Board to work with other Board members and the General Manager in a manner that
reflects responsibility to the group process and to group decision-making. This is a core
value of the Board because no individual member of the Board may act unilaterally in
setting policy for the District or represent themselves as speaking on behalf of the Board
in other than approved policy.
In support of each Board member's responsibility to work within the group, this Policy
establishes acceptable standards for governance. The Policy addresses the role of the
Board President, the General Manager, and the District Counsel in reporting to the Board
with respect to adherence or failure to follow governance standards. The Policy sets
guidelines for the Board President in each case where a Board member does not follow
Board policies. The Policy sets guidelines for the Board President in taking corr ective
action.
GENERAL GOVERNANCE GUIDELINES
I.The Board will cultivate a sense of group responsibility by working within the
group: the Board and the General Manager.
2.Each member of the Board will honor the group decision process and should
avoid internal or external commnnications that are disparaging of the final
policy direction taken by the Board.
3.Members must represent loyalty without conflict to the interests of the District
as established by the Board decision process. This accountabilit y supersedes
any conflicting advocacy or interest, other group interest, membership or other
affiliation. It also supersedes the personal interest of any Board member in
acting as a consumer of the District's services. Where a conflict in loyalty is
1
Page 75 of 161
present, the Board member should absent himself or herself without comment
from deliberation and voting.
4.No Board member will attempt to exercise individual authority over the
organization by internal or external communications that are in conflict with
Board policies.
5.Board members should refrain from activities such as making unscheduled
visits to work sites or attempting to direct the course or scope of field
operations. Action(s) that are outside of the scope of Board authority, when
taken by an individual Director, may create personal liability. The District's
insurance coverage(s) may not provide coverage for such directives and
actions. Therefore, Board members should refrain from acting outside the
scope of their collective policy setting authority.
6.The General Manager is the sole employee of the Board and reports directly to
the Board. On a day to day basis the General Manager acts at the direction of
the Board through communication with the Board President in his role as the
selected representative of the Board.
7.The District Counsel in his or her role as legal advisor to the District may also
report directly to the Board through the Board President.
8.Decisions or instructions of individual Board members are not binding on the
General Manager, Executive Staff or the District Counsel, except in rare
instances when the Board has specifically authorized such exercise of
authority.
9.Board member interaction with outside parties, agencies, the media, local or
regional authorities or jurisdictions, industry groups, non-government
organization representatives, and other entities must recognize the limitation
stated in item 8 above, and the inability of the Board member to speak for the
Board or the District, except to repeat explicitly stated Board decisions.
I 0. Board member interaction with the General Manager and with staff must
recognize the lack of authority vested in the individual Board member except
when explicitly Board authorized.
11.Members will commit to respect the confidentiality appropriate to issues of a
sensitive nature or as required as a matter of legal prudence.
12.Each regular board meeting agenda will provide an opportunity to the Board
and the General Manager to discuss Board Governance performance. The
Board President, Board members, the General Manager, and District Counsel
will be expected to monitor governance policy compliance, which will include
comparison of Board activity to the policies set herein.
2
Page 76 of 161
EXHIBIT "B"
Internal Communications
Policy of the Board of Directors
South Coast Water District
Reference: This policy is a Governance Policy appended by the approval of the
South Coast Water District Board of Directors to Resolution No. 11-04/05, as Exhibit
"B" thereto.
Title: Internal Communications
Date of Adoption: June 3, 2005
A core value of Board of Director service is the responsibility of each member of the
Board to recognize the General Manager as the Board's sole official connection to the
District in its operations, achievements and conduct of business. It is also a core value of
the Board that all individual Board member communications with District staff should
reflect the professionalism becoming the Board and the dignity of the elected office.
In support of each Board member's responsibility to work within the group, this Policy
establishes acceptable standards for internal communications.
INTERNAL COMMUNICATIONS
Internal Communications include any communication with staff assi gned under the
responsibility of the General Manager.
The following standards apply to internal com munications:
1.Board mem bers should keep their speech courteous and respectful in all
discussions with staff.
2.Board members will endeavor to observe decorum by respecting the
boundaries of personal space.
3.Board members will refrain from openly criticizing one staff member in front
of another staff person or the public.
4.Board member comment s and observations about performance of staff will be
reserved for one-on-one discussion with the General Manager.
5.No individual Board member will give direction to staff.
6.All requests by individual Board members for staff actions should be routed
first to the Board President for review with the General Manager. Examples
3
Page 77 of 161
of such individual Board member requests include: preparation of reports,
calculations, production of documentation, copies of or research of file
documents, review of outside materials, proposals or ideas, attendance at
meetings, preparation of applications, work on new initiatives.
7.The Board President will coordinate with the General Manager regarding
Board requests. Appropriate requests include: (i)information needed to
supplement the knowledge of the Board member and improve policy decision
making, and (ii) the work involved is appropriate to the benefits that may be
derived from the information.
8.When making requests, Board members should keep in mind that all
employees work under the supervision of senior supervisors and other
management level employees carrying out assi gned duties. Therefore, work is
already in progress for each employee's area of responsibility. Accordingly,
Board member requests will be addressed in as timely a manner possible in
light of ongoing responsibilities.
9.Board members may work directly with administrative staff under supervision
of the Director of Administration as necessary for activities attendant to Board
operations, for example: completing payment requests, providing
reimbursement information, coordinating meeting availability, conference
scheduling, work for committee assignments, making commu nications and
setting appointments with the General Manager or the District Counsel.
10.Each member of the staff is responsible for keeping the work environment
safe and productive; therefore, Board members should refrain from
approaching employees directly to ask questions about work in progress, work
assignments or with requests for information. Examples include:
unannounced visits at field sites, and stopping employees in halls, work areas,
or parking areas to request information.
11.District staff will accommodate reasonable Director request for construction
or facility site inspections; provided, however, that all site visits should be
arranged in advance through the General Manager or his designee.
12.Executive Staff [Director of Engineering, Director of Operations, Director of
Administration/District Counsel] are available to answer questions or provide
information when the General Manager is not available; however, Board
members shall call in advance to set a time to discuss the item with the
Executive Staff (walk in visits, on an unannounced basis, are not in
compliance with this policy). Executive Staff may review questions and
requests of Board members with the General Manager and the Board
President before responding.
13.The time commitments of the General Manager, Executive Staff and District
Counsel will be respected, and questions or requests must be stated succinctly
and without intent to direct a position on the part of staff.
4
Page 78 of 161
EXHIBIT "C"
External Commuuicatious
Policy of the Board of Directors
South Coast Water District
Reference: This policy is a Governance Policy appended by the approval of the
South Coast Water District Board of Directors to Resolution No. 11-04/05, as Exhibit
"C" thereto.
Title: External Communications
Date of Adoption: June 3, 2005
A core value of Board of Director service is the responsibility of each member of the
Board to recognize the benefits of a positive working relationship with the media and
other organizations and agencies. It is a core value of the Board that appointed
representatives of the Board are respected in their roles as spokespersons or official
contacts for the District as assigned by the Board President. It is a core value of the
Board that statements made by individual Board members to the media or before external
groups should reflect the group decision-making process by reference to explicitly stated
Board positions, which should be clearly differentiated from individual opinion.
In support of each Board member's responsibility to work within the group, this Policy
establishes additional standards for external communications.
EXTERNAL COMMUNICATIONS
External communications are statements made by individual Board members to the media
or before other organizations or agencies. The following standards supplement Dis trict
Resolution No. 22-99-00, District Policies Regarding Official Public Positions.
The following standards apply to external communications:
l.Upon receipt of a media inquiry, it is within each Board member's discretion
to provide a response as an individual member of the Board; provided,
however, that Board members should also ask the reporter to contact the
District's Public Information Officer (PIO). As a courtesy, the Board member
should then contact the Public Information Officer.
2.The General Manager or his designee is the official spokesperson for the
District to the media. In most cases, the General Manager's designee will be
5
Page 79 of 161
the PIO. The General Manager and the PIO will each inform the other of all
media inquiries.
3.The General Manager or his designee is the official spokesperson for the
Dist rict in all contacts with the staff of federal, state, connty, city or local
government agencies.
4.Board members are expected to have contact with other elected officials, but
will refrain from making direct contact with the staff of federal, state, county,
city or local government agencies (collectively, "agency") on any matter
involving the District.
5.When commenting before the sitting body of another agency on any matter
involving the District, Board members will respect the role of the Board
appointed represen tative to that agency to speak first on behalf of the District.
Board members will refrain from usurping the role of the Board by attempting
to formulate or represent positions of the District, unless the statement
communicates an explicitly stated Board decision or final Board action.
6.As required by Resolution 22-99/00, Board members appearing before any
group of persons or organized entity shall refrain from identifying themselves
as a District Board member unless they are the appointed spokesperson for the
District to that body.
6
Page 80 of 161
EXHIBIT "D"
Governance Compliance Monitoring Process
Policy of the Board of Directors
South Coast Water District
Reference: This policy is a Governance Policy appended by the approval of the
South Coast Water District Board of Directors to Resolution No. 11-04/05, as Exhibit
"D" thereto.
Title: Governance Compliance Process
Date of Adoption: June 3, 2005
As stated in the General Governance Guidelines, a core value of Board of Director
service is the responsibility of each member of the Board to work with other Board
members and the General Manager in a manner that reflects responsibility to the group
process and to group decision-making. In support of each Board me mber's responsibility
to work within the group, this Policy establishes a compliance monitoring process that
addresses the role of the Board President, the General Manager, and the District Counsel
with respect to responding to Board conduct that may fail to adhere to the standards
approved by the Board under Resolution 11-04/05. The Governance Compliance
Monitoring Process allows for evaluation of actions and works in conjunction with the
Corrective Action Policy to provide a meaningful response to failures to follow
established and approved Board governance policies.
GOVERNANCE ROLE OF THE BOARD PRESIDENT
The Role of the Board President is:
I.To ensure the Board and its members conduct District business consistent with the
Board's rules and those imposed by outside laws or other legitimate business
requirements.
2.To represent the Board to outside parties in announcing Board-stated positions.
3.To state the President's decisions (within those areas delegated to the President).
4.He or she may delegate his or her authority, but remains accountable for its use.
5.To ensure that Board communications are made within those areas that are the
purview of the Board (i.e. policy, current Board decisions) and not within the
purview of the General Manager (i.e. operations, personnel).
6.To ensure ethical behavior and business like decorum and communications by
Board members.
7.To ensure Board Procedures as set forth in Resolution No. 12-03/04 is followed
for the efficient conduct of meetings and the respectful use of the time of other
Board members and staff.
1
Page 81 of 161
8.To accept Board member requests for staff actions. Examples of individual Board
member requests that should be routed through the Board President include:
preparation of reports, calculations, production of documentation, copies of or
research of filed documents, review of outside materials, proposals or ideas,
attendance at meetings, preparation of applications, work on new initiatives.
9.To coordinate with the General Manager regarding Board requests. Appropriate
requests include: (i) information is needed to supplement the knowledge of the
Board member and improve policy decision-making, and (ii) the work involved is
appropriate to the benefits that may be derived from the information.
GOVERNANCE ROLE OF THE GENERAL MANAGER
The Role of the General Manager is:
1.To ensure a safe work environment that is free of harassment and
conditions that foster inequitable treatment, discrimination, intolerance or
which are unfair, undignified, disorganized or unclear.
2.To carry out the duties of the General Manager in accordance with the
requirements and authorization set forth in Resolution No. 15-00/01, A
Resolution of the Board of Directors of South Coast Water District
Establishing the Responsibilities and Authorities of the District's General
Manager.
3.To advise the Board if, in the General Manager's opinion, the Board is not
in compliance with its own policies.
4.To report in writing to the Board in a timely manner on actual or
anticipated material noncompliance with any policy of the Board.
GOVERNANCE ROLE OF THE DISTRICT COUNSEL
The Role of the District Counsel is:
1.To act as legal advisor to the District and from time to time report directly
to the Board as nec essary to serve the best interests of the District.
2.To monitor the work environment and report to the General Manage r any
conditions that foster inequitable treatment, discrimination, intolerance,
harassment, or which are unfair, undignified, disorganized or unclear.
3.To cause both the General Manager and the Board President to be
informed if, in the District Counsel's opinion, the Board is not in
compliance with its own policies.
4.The District Counsel shall report in writing to the Board and the General
Manager on actual or anticipated material noncompliance with any policy
of the Board.2 Page 82 of 161
EXIITBIT "E"
Governance Corrective Action
Policy of the Board of Directors
South Coast Water District
Reference: This policy is a Governance Policy appended by the approval of the
South Coast Water District Board of Directors to Resolution No. 11-04/05, as Exhibit
"E" thereto.
Title: Governance Corrective Action
Date of Adoption: June 3, 2005
As stated in the Governance Compliance Process, Board adherence to or failure to follow
the governance standards adopted under Resolution 11-04/05 creates a need for Board
response. This policy compliments the Compliance Monitoring Process with a set of
guidelines for corrective response and action to be taken by the Board President.
Corrective Response to Promote Governance Policy Compliance
On receipt of a communication of an incident of non-adherence to Board Governance
Policies as adopted under Resolution 11-04/05, the Board President shall utilize an
appropriate response in light of the following factors: (i) the degree of the
misrepresentation on an issue, item or topic of concern to the District; and/or (ii) the level
of non-ad herence to existing policies; and/or (iii) the potential for liability created by the
Board member; and/or (iv) the number of prior similar occurrences. The Board President
may, within his or her discretion, take one or more of the following responsive actions:
1.Notify the Board member either orally or in writing of the action or activity
that is in conflict with Board Governance Policy.
2.Meet with or call the Board member to discuss the incident and investigate as
necessary to determine whether the Policy was violated. The General
Manager or District Counsel may accompany the Board President at his or her
request.
3.Notify the Board member in writing of any potential liability created by the
incident.
4.Direct that the Board, the General Manager and the District Counsel be
informed of the incident in writing.
5.Place notice of the offense on a Board Agenda for discussion of the Board.
6.Issue appropriate sanctions, including:
a.Dismissal from Committee service for all or a portion of the remaining
year.
3
Page 83 of 161
b.Dismissal from outside agency appointments.
c.Cancel District paid conference attendance or prohibit District paid
conference attendance for all or a portion of the remaining year.
Other Corrective Actions:
On receipt of a communication from any Board member, the General Manager or the
District Counsel of an incident of non-adherence to this Policy, the Board President may
take an appropriate corrective action, in his or her discretion:
1.With respect to Internal Communications, the General Manager may be inshucted
to inform the affected employee and his or her supervisor that the offeuding
communication was outside of approved District policy and is not to be followed.
2.With respect to External Communications, the Board President will communicate
that the Board member acted outside of the scope of their authority. The Board
President will also notify the party in receipt of the unauthorized communication
of the proper contact within the District to his or her agency or entity.
3.The Board President will work with District Counsel to take such other steps as
may be legally appropriate to correct the matter.
4
Page 84 of 161
1.15 EQUAL EMPLOYMENT POLICY AND HARASSMENT: The District is an equal opportunity
employer. The District prohibits unlawful discrimination against employees or applicants based on
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,
military status, veteran status, uniformed service member status, sexual orientation, transgender
identity, citizenship status, pregnancy, or any other consideration made unlawful by federal, state, or
local laws. Any technique or procedure used in recruitment and selection of Employees shall be
designed to measure only the job related qualifications of applicants. No recruitment or selection
technique shall be used which, in the opinion of the District, is not justifiably linked to successful job
performance.
1.15.1 Policy Against Harassment: The District prohibits harassment of Employees in the workplace
based on race, color, national origin, ancestry, religion, sex, sexual orientation, marital status, age,
physical or mental handicap or medical condition. Harassment includes all forms of offensive or
unwelcome physical or verbal conduct that interferes with an Employee’s work or creates an
offensive or hostile working environment.
1.15.2 Sexual Harassment: Sexual harassment of all types is specifically prohibited. Sexual
harassment of Employees in the workplace is illegal, unacceptable, and will NOT be tolerated.
Under state and federal law, sexual harassment is defined as unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual nature. It is illegal whenever (a)
submission to such conduct is made a condition of employment, either expressly or implied, (b)
submission to or rejection of such conduct by an individual is used as the basis for employment
decisions affecting that individual, or (c) such conduct has the purpose or effect of unreasonably
interfering with an individual’s work performance or creating an intimidating, hostile or offensive
working environment.
Examples of sexual harassment include but are not limited to: unwelcome sexual propositions or
marriage proposals; unwelcome hugging, kissing or other offensive physical contact of a sexual
nature; lewd gestures, remarks or innuendos; unwelcome discussions of sexual practices or anatomy;
and sexually offensive posters, photographs, drawings, cartoons, jokes, stories, nicknames or
comments about appearance.
1.15.3 Malicious Complaints: While the District vigorously defends its Employees’ right to work in
an environment free of sexual harassment, it also recognizes that false accusations of sexual
harassment can have serious consequences. Accordingly, any Employee who is found, through the
District’s investigation, to have knowingly falsely accused another person of sexual harassment will
be subject to appropriate Disciplinary Action, up to and including Dismissal.
1.15.4 Application of Policy: This policy applies to all Supervisors of the District, as well as to co-
Employees, elected and appointed officials, customers, vendors, and other persons at the workplace
whom the District knows or has reason to know are violating this policy. All District personnel are
expected to avoid any conduct that could be construed as harassment by any Employee. Appropriate
corrective action will be taken against all offenders, including discipline or Dismissal of Supervisors
or Employees who violate this policy.
1.15.5 Reporting Harassment: Any Employee who believes he or she has been unlawfully harassed
should bring the matter to the attention of the Employee’s Supervisor immediately, and provide a full
Serrano Water District
Page 85 of 161
and accurate report of the underlying facts. Where the Employee’s Supervisor is the alleged harasser,
the Employee should bring the matter to the attention of the Supervisor’s superior or the General
Manager or the Personnel Committee if the General Manager is the alleged harasser. Employees are
urged to report to the Employee’s Supervisor, but this is not required if the Employee feels
uncomfortable in doing so, or if the Employee believes the Supervisor is the harasser. In all cases,
Employees are free to report such problems directly to the Personnel Officer or General Manager.
Upon notification of a harassment complaint, the Personnel Officer, or other person acting in that
capacity, shall promptly conduct an investigation of the complaint and supervise and/or investigate
the complaint. This investigation will generally include interviews with (1) the complainant; (2) the
accused harasser; and (3) any other person the Personnel Officer, or person acting in that capacity,
has reason to believe has relevant knowledge concerning the complaint. This may include victims of
similar conduct.
All such reports will be kept confidential to the greatest extent possible, but some disclosure will be
necessary to conduct a proper investigation. In each case, the Employee reporting the problem will
receive a written reply from the Personnel Officer, or other person conducting the investigation, on
the summary results of the investigation and the action taken, if any. Any Employee who is not
satisfied with the reply may appeal to the General Manager and will receive a reply in writing. The
outline for how an investigation will be conducted is attached hereto as Exhibit “A.”
The California Fair Employment and Housing Act (“FEHA”) (California Govt. Code Sections 12900
et seq.) prohibits unlawful sexual harassment, as well as other forms of discrimination, based on
ancestry, sex, sexual orientation, race, color, national origin, religious creed, age, physical disability,
mental disability, marital status and medical condition.
Employees may file complaints about sexual harassment or other illegal employment discrimination
with the California Fair Employment Housing Commission (1390 Market Street, Suite 401, San
Francisco, CA 94102, Telephone: (415) 557-2325) or with the California Department of Fair
Employment and Housing (28 Civic Center Plaza, Room 538, Santa Ana, CA 92701, Telephone:
(714) 558-4159).
1.15.6 No Retaliation: No Employee shall be subject to any form of retaliation for reporting any
violation, or participating in any investigation under this policy, provided that they have done so
truthfully and in good faith. Employees who believe they have been retaliated against in violation of
this policy may utilize the Grievance procedure described herein.
This policy also applies to unlawful harassment based on any of the other illegal criteria set forth in
the District’s Equal Employment Policy, including race, color, religion, national origin, age, sex,
sexual orientation, disability, marital status, or physical or mental condition.
The District will NOT tolerate any unlawful harassment or discrimination in employment. Violation
of this policy can result in immediate Dismissal of employment or other disciplinary action.
Serrano Water District
Page 86 of 161
1
ETHICS AND CONFLICTS OF INTERESTS POLICY; ADOPTED ON FEBRUARY 15, 2008; AMENDED ON NOVEMBER 17,
2017 BY RESOLUTION 2017-11-03; AMENDED ON SEPTEMBER 2, 2020 BY RESOLUTION 2020-09-04
ETHICS AND CONFLICTS OF INTEREST POLICY
POLICY
The policy of the District is to maintain the highest standards of ethics from its District Officials, its General
Manager and its employees which include all permanent, part-time, temporary, and contract employees,
including volunteers (“District Officials”). The proper operation of the District requires that decisions and
policy be made apparently and transparently, that a public office not be used for personal gain, and that all
individuals associated with the District remain impartial and responsible towards the public. Accordingly, it
is the policy of the District that District Officials will maintain the highest standard of personal honesty and
fairness in carrying out their duties. This policy sets forth the minimal ethical standards to be followed by the
District Officials. Additional standards to be followed by District employees specifically will mirror this
policy and will be set forth in the District’s Personnel Manual. The objectives of this policy are to (1)
provide continued guidance for dealing with ethical issues, (2) heighten awareness of ethics and values as
critical elements of the Board’s policy, and (3) maintain the District’s open ethical decision-making and
values-based management.
PROCEDURES
Responsibilities of Public Office
District Officials are obligated to uphold the Constitution of the United States and the Constitution of
the State of California. District Officials will comply with applicable laws regulating their conduct, including
conflicts of interest, financial disclosure and open government laws. District Officials will work in
cooperation with other public Officials unless prohibited from so doing by law or officially recognized
confidentiality of their work. (Gov. Code § 1360; Article 20, § 3 of the California Constitution.)
Fair and Equal Treatment
District Officials will not, in the performance of their duties, discriminate against any person on the
basis of race, religion, color, creed, age, marital status, national origin, ancestry, sex, sexual preference,
medical condition or disability. A District Official will not grant any special consideration, treatment or
advantage to any person or group beyond that which is available to every other person or group in similar
circumstances. (See, e.g., Article 1, § 31 of the California Constitution; Age Discrimination in
Employment Act of 1967 (29 U.S.C., § 621-634); Americans with Disabilities Act of 1990 (42 U.S.C., §
12101 et. seq.); Fair Employment and Housing Act (Gov. Code, § 12900 et seq.); Rehabilitation Act of
1973 (29 U.S.C., § 701 et. seq.); Title VII of the Civil Rights Act of 1964 (42 U.S.C., § 2000 et. seq.);
Labor Code § 1102.1.)
Proper Use and Safeguarding of District Property and Resources
A District Official shall not use or permit others to use District resources for personal purposes.
“Personal purpose” means those activities which are for personal enjoyment, private gain or advantage, or
are not related to District business. “Personal purpose” does not include the incidental and minimal use of
public resources such as equipment or office space for personal purposes, including an occasional
telephone call.
A District Official will not ask or require a District employee to perform services for the personal
convenience or profit of a District Official or another employee. Each District Official must protect and
properly use any District asset within his or her control, including information recorded on paper or in
electronic form. District Officials will safeguard District property, equipment, moneys and assets against
unauthorized use or removal, as well as from loss due to criminal act or breach of trust.
Santa Margarita Water District
Page 87 of 161
2
ETHICS AND CONFLICTS OF INTERESTS POLICY; ADOPTED ON FEBRUARY 15, 2008; AMENDED ON NOVEMBER 17,
2017 BY RESOLUTION 2017-11-03; AMENDED ON SEPTEMBER 2, 2020 BY RESOLUTION 2020-09-04
District Officials are responsible for maintaining written records, including expense accounts, in
sufficient detail to reflect accurately and completely all transactions and expenditures made on the
District’s behalf, in accordance with the District’s policy for reimbursement of expenses of District
Officials. (Article 16, § 6 of the California Constitution; Gov. Code, § 8314; Pen. Code, § 424.)
Use of Confidential Information
A District Official is not authorized, without approval of the Board of Directors, to disclose
information that qualifies as confidential information under applicable provisions of law to a person not
authorized to receive it, that (1) has been received for, or during, a closed session meeting of the Board, (2) is
protected from disclosure under the attorney/client or other evidentiary privilege, or (3) is not required to be
disclosed under the California Public Records Act.
This section does not prohibit any of the following: (1) making a confidential inquiry or complaint to
a District attorney or grand jury concerning a perceived violation of law, including disclosing facts to a
District attorney or grand jury that are necessary to establish the alleged illegality of an action taken by the
District an elected Official or employee, (2) expressing an opinion concerning the propriety or legality of
actions taken by the District in closed session, including disclosure of the nature and extent of the allegedly
illegal action, or (3) disclosing information acquired by being present in a closed session that is not
confidential information. Prior to disclosing confidential information pursuant to (1) or (2), above, however, a
District Official will first bring the matter to the attention of the District to provide the Board an opportunity
to cure an alleged violation.
A District Official who willfully and knowingly discloses, for pecuniary gain, confidential
information received by him or her in the course of his or her duties may be guilty of a misdemeanor under
Government Code section 1098. (Gov. Code, § 54963.)
Financial Conflicts of Interest
A District Official will not have a financial interest in a contract with the District, or be a purchaser at
a sale by the District or a vendor at a purchase made by the District, unless the District Official’s participation
is authorized under specific Government Code exemptions. (Gov. Code §§ 1090, et seq.)
A District Official will not participate in the discussion, deliberation or vote on a matter before the
Board of Directors, or in any way attempt to use his or her position to influence a decision of the Board, if he
or she has a prohibited financial interest with respect to the matter, as defined in the Political Reform Act.
(Gov. Code §§ 81000, et seq.)
Generally, a District Official has a financial interest in a matter if it is reasonably foreseeable that the
Board decision would have a material financial effect (as defined by the Fair Political Practices Commission
(“FPPC”) regulations, that is distinguishable from the effect on the public generally on five specific economic
interests (Gov. Code, § 87100 et seq.):
• A business entity in which the District Official has a direct or indirect investment of $2,000 or
more;
• Real property in which the District Official has a direct or indirect interest worth $2,000 or
more;
• A source of income of the District Official amounting to $500 or more within 12 months before
the Board decision;
Santa Margarita Water District
Page 88 of 161
3
ETHICS AND CONFLICTS OF INTERESTS POLICY; ADOPTED ON FEBRUARY 15, 2008; AMENDED ON NOVEMBER 17,
2017 BY RESOLUTION 2017-11-03; AMENDED ON SEPTEMBER 2, 2020 BY RESOLUTION 2020-09-04
• A source of gifts to the District Official amounting to the annual gift limit 1 or more within 12
months before the Board decision; or
• A business entity in which the District Official holds a position as a director, trustee, officer,
partner, manager or employee.2
If a member of the Board believes that he or she may be disqualified from participating in the
discussion, deliberations or vote on a particular matter due to a conflict of interest, the following procedure
will be followed:
(1) If the District Official becomes aware of the potential conflict of interest before the Board
meeting at which the matter will be discussed or acted on, the District Official will notify the
General Manager and the District’s legal counsel of the potential conflict of interest, so that a
determination can be made whether it is a disqualifying conflict of interest;
(2) If it is not possible for the District Official to discuss the potential conflict with the General
Manager and the District’s legal counsel before the meeting, or if the District Official does not
become aware of the potential conflict until during the meeting, the District Official will
immediately disclose the potential conflict during the Board meeting, so that there can be a
determination whether it is a disqualifying conflict of interest; and
(3) Upon a determination that there is a disqualifying conflict of interest, the District Official (1)
must publicly identify the financial interest that gives rise to the conflict or potential conflict (2)
must not participate in the discussion, deliberation or vote on the matter for which a conflict of
interest exists, which will be so noted in the Board minutes, and (3) must leave the room until
after the discussion, vote and any other disposition of the matter is concluded, unless the matter
has been placed on the portion of the agenda reserved for uncontested matters. The District
Official may speak on the issue during the time the general public speaks on the issue.
A District Official will not recommend the employment of a relative by the District. In addition, a
District Official will not recommend the employment of a relative to any person known by the District
Official to be bidding for or negotiating a contract with the District.
Adopted Conflict of Interest Code
The District has adopted a Conflict of Interest Code (the "Code") pursuant to the requirements of the
Political Reform Act of 1974, Government Code section 81000 et seq. (the "Act"). The Code sets forth the
required provisions for the disclosure of assets and income, designates the positions subject to the disclosure
provisions of the Code, establishes the list of disclosure categories specifying the types of assets and income
required to be disclosed by each designated position to which categories are assigned, and provides for the
disqualification of designated positions from acting where a conflict of interest exists.
The requirements of the Code are in addition to other requirements of the Act and to other state and
local laws pertaining to conflicts of interest and have the force and effect of law. Designated positions
violating any provision of the Code are subject to the administrative, criminal and civil sanctions provided by
the Act. Additionally, a decision in relation to which a violation of the disqualification provisions of the Code
or Government Code section 87100 has occurred may be set aside as void pursuant to Government Code
section 91003.
1 See FPPC Reg. 18940.2. The annual gift limit is adjusted biennially every odd-numbered year.
2 Personal Financial Effect. If none of the five economic interests are involved, then any District decision resulting in any
measurable financial benefit or loss from the decision is material.
Santa Margarita Water District
Page 89 of 161
4
ETHICS AND CONFLICTS OF INTERESTS POLICY; ADOPTED ON FEBRUARY 15, 2008; AMENDED ON NOVEMBER 17,
2017 BY RESOLUTION 2017-11-03; AMENDED ON SEPTEMBER 2, 2020 BY RESOLUTION 2020-09-04
All officers and designated positions are directed to refer to the District’s Conflict of Interest Code
for these specific requirements. The Conflict of Interest Code is held in the office of the Secretary to the
Board of Directors as the District’s Filing Officer/Official.
District Officials and designated positions shall annually file a Statement of Economic Interests
as specified in the District’s Code. District Officials and designated positions shall, within 30 days after
assuming office/employment or leaving office/employment, file a Statement of Economic Interests as
specified in the District’s Code.
Gifts
Gifts to District Officials and employees are subject to the prohibitions and limitation as set forth in
the District’s Conflict of Interest Code and the Regulations of the Fair Political Practices Commission
(“FPPC”). (Gov. Code, §§ 1090 et seq., 81000 et seq., and 87105; Pen. Code, §§ 68 and 70.).
Soliciting Political Contributions
District Officials are prohibited from soliciting political funds or contributions at District facilities, or
from District employees. Soliciting Political contributions by District Officials is subject to Government
Code § 3205. A District Official will not use the District’s seal, trademark, stationary or other indicia of the
District’s identity, or facsimile thereof, in any solicitation for political contributions contrary to state or
federal law. (Gov. Code, § 3205.)
Incompatible Offices and “Revolving Door” Policy
Any District Official appointed or elected to a public office of another public entity, the duties of
which may require action contradictory or inconsistent with the interest of the first entity (as determined
under applicable law), will resign from the former office. (73 Ops.Cal.Atty.Gen. 357 (1990); see also
Gov. Code, § 53227.)
For a period of one year after leaving office, District Officials may not represent for
compensation any other person or entity before the District or make any oral or written communication, if
the appearance or communication is made for the purpose of influencing any action or proceeding as
prohibited under Government Code section 87406.3.
For purposes of this section, “represent” will mean for compensation to actively support or oppose a
particular decision in a proceeding by lobbying in person, orally, or in writing, the officers or employees
of the District or otherwise acting to influence the officers of the District.
Nothing in this section is intended or will be applied to prevent a former District Official from
participating in meetings of the District in the same manner as other members of the public. (FPPC Reg.
18746.3.)
Santa Margarita Water District
Page 90 of 161
5
ETHICS AND CONFLICTS OF INTERESTS POLICY; ADOPTED ON FEBRUARY 15, 2008; AMENDED ON NOVEMBER 17,
2017 BY RESOLUTION 2017-11-03; AMENDED ON SEPTEMBER 2, 2020 BY RESOLUTION 2020-09-04
Improper Activities and the Reporting of Such Activities; Protection of “Whistle Blowers”
The General Manager has primary responsibility for (1) ensuring compliance with the District’s
Personnel Manual and ensuring that District employees do not engage in improper activities, (2)
investigating allegations of improper activities, and (3) taking appropriate corrective and disciplinary actions.
The District has a duty to ensure that the General Manager is operating the District according to law and the
policies approved by the Board. District Officials are encouraged to fulfill their obligation to the public and
the District by disclosing to the General Manager to the extent not expressly prohibited by law, improper
activities within their knowledge. District Officials will not interfere with the General Manager’s
responsibilities in identifying, investigating and correcting improper activities, unless the Board determines
that the General Manager is not properly carrying out these responsibilities. Nothing in this section affects
the responsibility of the Board to oversee the performance of the General Manager.
A District Official will not directly or indirectly use, or attempt to use, the District or the influence of
his or her position for the purpose of intimidating, threatening, coercing, commanding or influencing any
other person for the purpose of preventing such person from acting in good faith to report or otherwise bring
to the attention of the General Manager or the Board any information that, if true, would constitute: a work-
related violation by a District Official or District employee of any law or regulation, gross waste of District
funds, gross abuse of District, a specified and substantial danger to public health or safety due to an act or
omission of a District Official or employee, use of a District office or position or of District resources for
personal gain, or a conflict of interest of a District Official or District employee.
A District Official will not directly or indirectly use, attempt or threaten to use the District or
influence of his or her position for the purpose of taking any action as a reprisal against a District Official
who reports or otherwise brings to the attention of the General Manager any information regarding the
subjects described in this section.
Any person who believes that he or she has been subjected to any action prohibited by this
section may file a confidential complaint with (1) the General Manager, or (2) a member of the Board of
Directors if the complaint involves the conduct of the General Manager, who will thereupon refer the
matter to the full Board to investigate the complaint. Upon the conclusion of the investigation, the
General Manager (or the Board in the case of a complaint against the General Manager) will take
appropriate action consistent with the District’s Personnel Manual and applicable law. (Lab. Code, §
1102.5, et seq., and Gov. Code, §§ 53298 and 53298.5.)
Compliance with the Brown Act
The members of the Board of Directors, and persons elected but who have not yet assumed office
as members of the Board, will fully comply with the provisions of the State’s open meeting law for public
agencies (the Brown Act). The Board has adopted Bylaws to guide the Board in ensuring that Board
decisions are made during meetings of the Board that are open to the public, in compliance with the
Brown Act. (Gov. Code, §§ 54950 et seq., 54952.1 and 54959.)
District Officials’ Compensation and Expense Reimbursement
The members of the Board of Directors will fully comply with the provisions of the Board’s
policies on compensation and expense reimbursement.
Changes in Compensation
Changes in the compensation of the Board or District employees will require the approval of the
Board during an open meeting of the Board held within sixty days prior to the effective date of the change.
Santa Margarita Water District
Page 91 of 161
6
ETHICS AND CONFLICTS OF INTERESTS POLICY; ADOPTED ON FEBRUARY 15, 2008; AMENDED ON NOVEMBER 17,
2017 BY RESOLUTION 2017-11-03; AMENDED ON SEPTEMBER 2, 2020 BY RESOLUTION 2020-09-04
Ethics Training
Directors and designated positions shall receive at least two (2) hours of ethics training every two (2)
years. (Gov. Code, § 53234 et seq.)
Violation of Ethics Policy
A perceived violation of this policy by a District Official should be referred to the Board of
Directors for investigation, and consideration of any appropriate action warranted. A violation of this policy
may be addressed by the use of such remedies as are available by law to the District, including but not
limited to: (a) adoption of a resolution expressing disapproval of the conduct of the District Official who has
violated this policy, (b) injunctive relief, or (c) referral of the violation to the District Attorney and/or the
grand jury.
Santa Margarita Water District
Page 92 of 161
6
PERSONNEL RULES AND REGULATIONS; ADOPTED ON JANUARY 24, 2014, BY RESOLUTION 2014-01-02; AMENDED
ON NOVEMBER 17, 2017 BY RESOLUTION 2017-11-03; AMENDED ON OCTOBER 5, 2022 BY RESOLUTION 2022-10-03
vi. Discipline
If an investigation results in a recommendation to discipline an employee, the discipline will be taken in
accordance with District policies and procedures.
I. EMPLOYMENT POLICY
EQUAL EMPLOYMENT OPPORTUNITY
The District is committed to a policy of equal employment opportunity for applicants and employees. It is the
District's intent to treat and evaluate all employees and applicants on the basis of merit, qualifications, and
competence. Employment decisions shall comply with all applicable laws and regulations prohibiting
discrimination in employment.
1. POLICY AGAINST DISCRIMINATION
It is the policy of the District not to unlawfully discriminate against any applicant or employee on the basis of
race, religious creed (including religious dress and grooming), color, national origin (including possessing a
driver’s license granted under Section 12801.9 of the Vehicle Code), ancestry, physical disability, mental
disability, medical condition, genetic information, marital status, domestic partner status, sex (including
pregnancy or medical conditions related to pregnancy, childbirth or medical conditions related to childbirth,
and breastfeeding or medical conditions related to breastfeeding), gender, gender identity, gender expression,
age (40 or over), sexual orientation, or military and veteran status of any per son, or any other basis protected
by local, state or federal law, or a perception the person has those characteristics or is associated with a person
who has or is perceived to have those characteristics .. The Discrimination/Harassment policies apply to all
employment practices including those below. The following is a non-exclusive list of various District
employment practices in which this policy shall apply:
• Advertisements
• Applications and interviews
• Licensing or certification
• Referral by employment agencies
• Salary, classification and duties
• Hiring, transferring, promoting, upgrading, demoting
• Working conditions or privileges of employment
• Participation in a training or apprenticeship program, employee organization or union
No employee shall aid, abet, compel, coerce or conspire to discharge or cause another employee to resign
because of race, religious creed (including religious dress and grooming), color, national origin (including
possessing a driver’s license granted under Section 12801.9 of the Vehicle Code), ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, domestic partner status,
sex (including pregnancy or medical conditions related to pregnancy, childbirth or medical condit ions related
to childbirth, and breastfeeding or medical conditions related to breastfeeding), gender, gender identity,
gender expression, age (40 or over), sexual orientation, or military and veteran status of any person , or any
other basis protected by local, state or federal law, or a perception the person has those characteristics or is
associated with a person who has or is perceived to have those characteristics...
2. POLICY AGAINST HARASSMENT
As part of its commitment to equal opportunity, the District is committed to providing a work environment
free of harassment, discrimination, retaliation and disrespectful or other unprofessional conduct based on race,
religious creed (including religious dress and grooming), color, national origin (including possessing a driver’s
license granted under Section 12801.9 of the Vehicle Code), ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, domestic partner status, sex (including pregnancy or
medical conditions related to pregnancy, childbirth or medical conditions related to childbirth, and
breastfeeding or medical conditions related to breastfeeding), gender, gender identity, gender expression, age
Santa Margarita Water District
Page 93 of 161
7
PERSONNEL RULES AND REGULATIONS; ADOPTED ON JANUARY 24, 2014, BY RESOLUTION 2014-01-02; AMENDED
ON NOVEMBER 17, 2017 BY RESOLUTION 2017-11-03; AMENDED ON OCTOBER 5, 2022 BY RESOLUTION 2022-10-03
(40 or over), sexual orientation, or military and veteran status of any person, or any other basis protected by
local, state or federal law, or a perception the person has those characteristics or is associated with a person
who has or is perceived to have those characteristics ... The District will not tolerate harassment of its
employees by anyone, including any supervisor, co-worker, vendor or customer. Harassment of any kind
whether verbal, physical, or visual that is based upon a person's legally protected characteristics identified
above, or any other protected status under federal, state or local law. Harassment includes all forms of
offensive or unwelcome physical or verbal conduct that unreasonably interferes with an employee's work or
creates an offensive, intimidating, or hostile working environment for employees, visitors, or anyone
conducting business with the District.
ANTI-RETALIATION
The District will not retaliate against you for filing a complaint or participating in any workplace investigation
and will not tolerate or permit retaliation by management, employees or co-workers.
Reasonable Accommodation
Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals
with disabilities where the accommodation does not pose an undue hardship.
To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a
disability, the District will make reasonable accommodations for the known physical or mental limitations of
an otherwise qualified individual with a disability who i s an applicant or an employee unless undue hardship
would result.
Any job applicant, unpaid intern or employee who requires an accommodation in order to participate in the
application process or to perform the essential functions of the job should contact the Human Resources
Manager and discuss the need for an accommodation. The Human Resources Manager , on behalf of the
District, will engage in an interactive process with the employee to identify possible accommodations, if any,
which will help the applicant, unpaid intern or employee participate in the application process or perform the
job.
An applicant, employee or unpaid intern who requires an accommodation of a religious belief or practice
(including religious dress and grooming practices, such as re ligious clothing or hairstyles) should also contact
the Human Resources Manager and discuss the need for an accommodation. If the accommodation is
reasonable and will not impose an undue hardship, the District will make the accommodation.
The District will not retaliate against an employee for requesting a reasonable accommodation and will not
knowingly tolerate or permit retaliation by management, employees or co-workers.
The District's policy prohibiting harassment applies to all persons involved in the operation of the District.
The District prohibits harassment, disrespectful or unprofessional conduct by any employee of the District,
including supervisors, managers and co-workers. The District's anti-harassment policy also applies to vendors,
customers, independent contractors, unpaid interns, volunteers, persons providing services pursuant to a
contract and other persons with whom employees come into contact while working.
Sexual harassment is one specific form of harassment, and it is illegal under both Federal and California law
and prohibited under this policy. Sexual harassment is any form of unwelcome or unwanted advances,
requests for sexual favors and any other verbal, visual, or physical conduct of a sexual nature when: (1)
submission to or rejection of this conduct by an individual is used as a factor in decisions affecting hiring,
evaluation, retention, promotion or other aspects of employment; or (2) this cond uct substantially interferes
with an individual's employment or creates an intimidating, hostile, or offensive work environment. Examples
of sexual harassment include, without limitation, any of the following forms of misconduct:
Santa Margarita Water District
Page 94 of 161
8
PERSONNEL RULES AND REGULATIONS; ADOPTED ON JANUARY 24, 2014, BY RESOLUTION 2014-01-02; AMENDED
ON NOVEMBER 17, 2017 BY RESOLUTION 2017-11-03; AMENDED ON OCTOBER 5, 2022 BY RESOLUTION 2022-10-03
• Unwanted sexual advances;
• Demands for sexual favors in exchange for favorable treatment or continued employment;
• Threats and demands to submit to sexual requests in order to obtain or retain any employment benefit;
• Verbal conduct such as epithets, derogatory or obscene comments, slurs or sexual invitations, sexual
jokes, propositions, suggestive, insulting, obscene comments or gestures or other verbal abuse of a
sexual nature;
• Graphic verbal commentary about an individual's body, sexual prowess, or sexual deficiencies;
• Flirtations, advances, leering, whistling, touching, pinching, assault, coerced sexual acts, or bl ocking
normal movements;
• Visual conduct such as derogatory or sexual posters, e-mail, photographs, cartoons, drawings, or
gestures or other displays in the workplace of sexually suggestive objects or pictures;
• Derogatory or offensive conduct or comments consistently targeted at only one gender, even if the
content is not sexual;
Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this policy. For
example, hostile acts toward an employee because of his/her gender can amount to sexual harassment,
regardless of whether the treatment is motivated by sexual desire. Prohibited harassment includes not only
sexual harassment but harassment based on any protected category.
RETALIATION
California and Federal law and District policy prohibit retaliation against any employee for opposing unlawful
discrimination or harassment prohibited by law or for filing a complaint with, o r otherwise participating in an
investigation, proceeding, or hearing conducted by the District, the DFEH or the EEOC. Employees who feel
they have been retaliated against should file a complaint in the same manner as a harassment and
discrimination complaint described below, and the District will treat the complaint like other harassment
complaints. District employees are prohibited from engaging in any form of retaliation against an employee
for engaging in protected activities. The District may take disciplinary action (up to and including termination)
against any employee who is found to have engaged in retaliatory conduct.
FILING COMPLAINTS OF HARASSMENT, DISCRIMINATION AND RETALIATION
In order to establish and maintain a work environment free from harassment, discrimination and retaliation,
the District prohibits employees from participating in or inciting behavior in others that may reasonably be
interpreted as creating a hostile or offensive working environment, constituting discriminatory employment
practices or retaliating in any manner based on taking protected actions to oppose conduct proh ibited by this
policy, reporting such conduct or participating an any investigation o f conduct prohibited under this policy.
The standard that shall be applied to an alleged harasser's behavior is that of a reasonable person. Employees
who believe they are being harassed, discriminated against or retaliated against must immediately report it to
his/her supervisor, the Human Resources Manager or the General Manager. Employees who believe they are
being harassed are also encouraged to promptly notif y the harasser that the offensive behavior is unwelcome.
Any employee who has witnessed harassment of another employee must immediately report it to his/her
supervisor, the Human Resources Manager or the General Manager orally or in writing. The District
encourages all individuals to report any incidents of harassment, discrimination, retaliation o r other prohibited
conduct forbidden by this policy immediately so that complaints can be quickly and fairly resolved.
All complaints of harassment, discrimination and retaliation will be kept as confidential as possible, but some
disclosure will be necessary to conduct a proper investigation. In each case, the employee who beli eves they
have been harassed, discriminated against or retaliated against will receive a timely written reply from the
District on the results of the investigation
PROCEDURES FOR FILING COMPLAINTS OF HARASSMENT, DISCRIMINATION AND/OR
RETALIATION
Santa Margarita Water District
Page 95 of 161
9
PERSONNEL RULES AND REGULATIONS; ADOPTED ON JANUARY 24, 2014, BY RESOLUTION 2014-01-02; AMENDED
ON NOVEMBER 17, 2017 BY RESOLUTION 2017-11-03; AMENDED ON OCTOBER 5, 2022 BY RESOLUTION 2022-10-03
The District recognizes that power and status disparities between an alleged harasser and a vict im may make
confronting the alleged harasser about the conduct difficult. Therefore, the following internal complaint
procedure has been established to investigate any complaints and to enable the District to take appropriate
corrective action when a violation of this policy is found.
a. Any employee who believes that he/she is being harassed, discriminated against or retaliated against
or has witnessed such conduct must promptly report the alleged act(s) to his/her immediate supervisor,
the Human Resources Manager or the General Manager orally or in writing. An employee is not
required to report harassment to the individual who is harassing the employee.
b. The supervisor shall immediately report each complaint to the Human Resources Manager .
c. The Human Resources Manager, or General Manager if the Human Resources Manager is involved,
will ensure that all complaints are promptly, fairly, and thoroughly investigated and ef fectively
resolved. The identity of the complainant, as well as any other employees involved in the
investigation, and other information regarding the complaint will not be unnecessarily disclosed,
although complete confidentiality cannot be guaranteed.
d. If the General Manager is involved in the alleged harassment , discrimination or retaliation, the Human
Resources Manager shall report the complaint directly to the President of the District's Board of
Directors who shall have the responsibility of ensuring that such complaint is promptly, fairly, and
thoroughly investigated and effectively resolved. The District will document the steps of the
investigation to ensure reasonable progress and will keep the complainant informed.
e. In the event it is determined that harassment, discrimination or retaliation has occurred based upon the
evidence collected and after the parties have had a fair opportunity to participate in the investigation
and to provide information, the necessary and appropriate corrective action will be undertaken to
resolve the issue. This may include discipline, up to and including termination. In addition to the
District's internal complaint procedure, employees may, file a complaint with the California
Department of Fair Employment and Housing ("DFEH") (http://www.dfeh.ca.gov/Contact.htm) or the
Federal Equal Employment Opportunity Commission (“EEOC”) (http://www.eeoc.gov/contact/).
Once the investigation is complete, the District will timely close the investigation.
f. The District will not wait until inappropriate or offensive conduct in the workplace rises t o the level of
harassment under the law to take steps to stop the inappropriate conduct/behavior in the workplace.
Since this type of behavior may seriously damage the professional and personal reputation of any employee,
the District recognizes that false accusations of harassment or discrimination may have an equally devastating
effect upon persons unjustly charged with this behavior. Persons alleging charges of this nature without a
good-faith belief against a fellow employee will be subject to the same corrective action as a person
determined to be responsible for committing an act of harassment, discrimination or retaliation.
HIRING
The General Manager shall authorize the hiring of new employees at a salary that is within the established
range for those positions that have been previously approved and authorized by the Board of Directors. The
District gives no guarantee or contract, either expressed or implied, of continued or full-time employment with
the District.
All applicants for employment must complete all portions of the District's employment application form.
Falsification, misrepresentation, and/or omission on the application are grounds for refusal to hire, or if hired,
dismissal. A background investigation, which may include a Department of Motor Vehicles (DMV) check, an
employment history check and a credit check on applicable positions, will be conducted on the final candidate
prior to a job offer being extended. Based on the needs of the position and the results of the investigation it
may preclude hiring or continued employment. A criminal conviction history background check will not be
performed until the District has determined that the applicant meets the minimum e mployment qualifications,
as stated in any notice issued for the position.
One of the conditions of employment will be the applicant's ability to perform the essential functions of the
position applied for as described in the classification statement, with or without reasonable accommodation.
Therefore, following a conditional job offer, an employee will be asked to complete an employment physical
Santa Margarita Water District
Page 96 of 161
22
PERSONNEL RULES AND REGULATIONS; ADOPTED ON JANUARY 24, 2014, BY RESOLUTION 2014-01-02; AMENDED
ON NOVEMBER 17, 2017 BY RESOLUTION 2017-11-03; AMENDED ON OCTOBER 5, 2022 BY RESOLUTION 2022-10-03
B. EMERGENCY ABSENCES
In the event employees are absent due to an emergency situation, such as a sudden illness or hospitalization,
their supervisor must be notified by either the employee or by the individuals designated by employee as their
emergency contact. This notification should be made within 24 hours after the emergency's occurrence.
Employees leaving a message with anyone other than their supervisor or their Department Hea d do not meet
the reporting requirements.
C. ABSENCE WITHOUT LEAVE AS AUTOMATIC RESIGNATION
Absence from work without leave, whether voluntary or involuntary, for three (3) consecutive working days is
an automatic resignation from District employment as o f the last date on which the employee worked. An
employee shall be provided with written notification of his/her automatic resignation and be given an
opportunity to seek reinstatement. Requests for reinstatement must be made in writing and filed with the
General Manager within seven (7) calendar days of the notice of separation.
IV. EMPLOYEE RELATIONS
A. GRIEVANCE PROCEDURE
A grievance procedure is established for the following purposes:
• Promoting improved employer/employee relations by establishing an appropriate means for determining
the validity of grievances i.e., claims by an employee that the District has violated, misinterpreted or
misapplied a provision of the Memorandum of Understanding, Personnel Rules and Regulations, or other
written policy of the District. Specifically excluded from this grievance procedure are actions regarding
discipline, performance evaluations, and harassment and discrimination complaints.
• Providing a method of resolving such claims as closely as possible to the point of origin and as informally
as possible.
• Encouraging free communications between supervisors and employees.
1. GRIEVANCE PROCEDURE STEPS:
a. Step One: Supervisor. An employee who has a grievance shall first take it up informally with his/her
immediate supervisor within seven (7) calendar days after he/she knew or reasonably should have
known of the occurrence of the cause of the grievance and any action taken. A grievance shall be
deemed to have been filed when an employee identifies it as such to his/her supervisor. If the
grievance is for harassment, discrimination, or retaliation by the supervisor, the employee may instead
submit a grievance orally or in writing to his/her Department Head, as stated in Step Two, below.
b. Step Two: Department Head. If the grievance is not resolved within seven (7) calendar days after its
submission in Step One, the employee may submit the grievance orally or in writing to his/her
Department Head within seven (7) calendar days thereafter. If the employee's Department Head is not
available, then the employee may submit the grievance to an available Department Head. The selected
Department Head will meet with the employee within five (5) calendar days after the submission of
the grievance and will attempt to deliver an answer, in writing, to the employee within seven (7)
calendar days after such meeting.
At step two and all subsequent steps in the grievance procedure, employees, at their option, have the right
to present their grievance with or without a representative.
c. Step Three. Peer Review Committee. If the grievance is not resolved in the second step, the aggrieved
employee may submit it in writing to the Peer Review Committee within seven (7) calendar days after
receiving the Department Head’s answer. If no answer is received from the Department Head, the
employee may submit the grievance within seven (7) calendar days of when an answer should have
been received. The employee may waive his/her right to have his/her grievance reviewed by the Peer
Review Committee and have their grievance go forward to the General Manager, but he/she must
Santa Margarita Water District
Page 97 of 161
23
PERSONNEL RULES AND REGULATIONS; ADOPTED ON JANUARY 24, 2014, BY RESOLUTION 2014-01-02; AMENDED
ON NOVEMBER 17, 2017 BY RESOLUTION 2017-11-03; AMENDED ON OCTOBER 5, 2022 BY RESOLUTION 2022-10-03
comply with the above timetable, do so in writing before the Committee is se ated, and with the full
understanding that the General Manager’s decision is final.
The Peer Review Committee will consist of two non-exempt and two exempt employees randomly
selected from a pool of volunteers. The selected representatives can have no prior involvement in the
grievance being reviewed. Representatives will receive no additional compensation f or their participation.
To the extent possible, the identity of the Committee will be kept confidential. A new Committee will be
drawn for each grievance.
The Committee will review all relevant documentation concerning the grievance and make a
recommendation to the General Manager within ten
(10) calendar days after receiving the grievance. There will be no personal appearances in front of the
Committee; however, the Committee may request additional information from the parties involved.
Decisions of the Committee need not be unanimous. If representatives cannot agree, independent
recommendations may be forwarded to the General Manager.
d. Step Four: General Manager. Within five (5) calendar days after receiving the Peer Review
Committee’s recommendation(s) the General Manager will meet with the aggrieved employee and
will attempt to provide an answer in writing within (7) calendar days after such meeting. If the
General Manager is unable to meet with the employee or provide an answer within the above peri ods,
then he/she will attempt to do so at the earliest possible opportunity.
The District and the employee may mutually agree to extend any of the deadl ines outlined above.
However, to be effective, any such agreement must be in writing, signed by both par ties, and must
specifically state the new deadline.
Failure of the District representative to meet the timelines shall be deemed a denial of the grievan ce and
the employee may proceed to the next step. Failure by the employee to meet the timelines shall be deemed
a withdrawal of the grievance with prejudice.
B. CONDUCT GUIDELINES
1. Employment of every employee shall be based on reasonable standards of personal conduct and job
performance. Failure to meet such standards shall be grounds for appropriate dis ciplinary action at the
sole discretion of the District that shall be commensurate with the seriousness of the offense and with
due consideration to other relevant factors such as the employee's prior performance record.
2. Employees are expected to report all suspected cases of unethical activity, fraudulent use of District
resources, discrimination, harassment, retaliation, conflicts of interest or behavior that could endanger
employees or the District. See section II for procedures for filing a complaint .
3. Employees may be subject to discipline and discharge for cause.
C. COUNSELING AND DISCIPLINE
To ensure the well-being of all employees, violations of District policies or standards will result in corrective
action appropriate to the misconduct. The severity of the corrective action in response to the violation will be
determined by such considerations as the impact of the misconduct on the Distric t’s operations, the potential
for, or extent of, damage caused and the circumstances pertaining to the misconduct. Except as provided
elsewhere herein, upon receipt of corrective disciplinary warnings and suspensions of five days or less,
employees shall be given the opportunity to respond within seven (7) calendar days, verbally or in writing, at
the employee’s option, to the Human Resources Manager or, in the case of a short suspension of five days or
less, the immediate supervisor or department head.
1. MISCONDUCT
The following is a non-exclusive list of the types of misconduct that will result in discipl inary action. The
District reserves the right to review conduct and evaluate based on all the circumstances in each individual
case.
• Actions contrary to the District's policies
• Discourteous or dishonest treatment of the public or other employees
Santa Margarita Water District
Page 98 of 161
24
PERSONNEL RULES AND REGULATIONS; ADOPTED ON JANUARY 24, 2014, BY RESOLUTION 2014-01-02; AMENDED
ON NOVEMBER 17, 2017 BY RESOLUTION 2017-11-03; AMENDED ON OCTOBER 5, 2022 BY RESOLUTION 2022-10-03
• Theft or abuse of property of the District, co-employees or customers
• Neglect or dereliction of duty
• Dishonesty or falsification of any District or customer record
• Improper or unprofessional conduct
• Conviction of any felony, or of any misdemeanor involving dishonesty or improper conduct
• Absence from duty without authorization
• Excessive absenteeism, tardiness or early departures
• Use or possession of illegal drugs (including legal drugs without a valid prescription) or alcohol on
District time or District property, vehicles or equipment
• Failure to cooperate in any District investigation
• Striking another person on District time or District property, regardless of provocation
• Insubordination or disregard of proper authority
• Engaging in verbal or physical threats and confrontation
• Harassment or discrimination of any kind
• Possession and/or use of weapons or explosive devices on District premises, in a District vehicle or
while engaged in District business
• Unsatisfactory performance
2. DISCIPLINARY ACTIONS
The following is a non-exclusive list of the types of disciplinary actions that may be imposed.
• Verbal counseling
• Written Warning
• Reduction in pay for disciplinary purposes
• Demotion - reduction from a position in one class to a position in another class with a lower salary
range effected for disciplinary purposes (demotions resulting from organizational changes and layoffs
are not disciplinary)
• Suspension - an involuntary absence without pay
• Dismissal - discharge from service with the District
3. WRITTEN NOTICE OF DISCIPLINARY ACTION In cases of disciplinary demotions, reductions in pay,
discharge and suspensions of six (6) days or more, an employee shall be given prior written notification of the
proposed disciplinary action except in emergencies where the employee must be removed from the job
immediately. Such written notice may be served personally to the employee or sent by first-class mail to the
employee's last known address and shall contain the following information:
a. A statement of the proposed disciplinary action and its effective date(s).
b. A statement of the reasons for such proposed action, including the acts or omissions on which the
proposed action is based.
c. The documents, if any, on which the proposed action is based.
d. A statement that the employee has the right to respond, verbally or in writing, before the discipline
takes effect.
e. A statement that the employee is entitled to representation.
4. EMPLOYEE RIGHT TO RESPOND
Prior to the effective date of disciplinary demotions, reductions in pay, discharge and suspensions of six (6)
days or more, the employee shall be given the opportunity to respond (within seven (7) calendar days),
verbally or in writing, at the employee's option to the appropriate Department Head. The employee must set
the appointment for the hearing within four working days. The employee shall thereafter be given notice of the
District's final determination of the disciplinary action within seven (7) calendar days of the response or
failure of the employee to respond.
5. ADMINISTRATIVE REVIEW
Santa Margarita Water District
Page 99 of 161
25
PERSONNEL RULES AND REGULATIONS; ADOPTED ON JANUARY 24, 2014, BY RESOLUTION 2014-01-02; AMENDED
ON NOVEMBER 17, 2017 BY RESOLUTION 2017-11-03; AMENDED ON OCTOBER 5, 2022 BY RESOLUTION 2022-10-03
Any regular employee, except probationary or temporary employees, shall have the right to an Administrative
Review of disciplinary demotions, reductions in pay, discharge or suspensions of six (6) da ys or more. A
written request for such a review shall be submitted to the Human Resources Manager within five (5) working
days of the date of the presentation of the final notice of disciplinary action. If a timely request for a review is
submitted, the review shall be conducted before an impartial representative of the District. The employee and
the District representative may present verbal and written evidence and argument at or before the time of the
review. The employee is entitled to question the person(s) offering evidence against him or her and is entitled
to representation.
The District representative may also question witnesses. The District representative conducting the review
shall make findings of facts to support the disciplinary action should such action be deemed appropriate. The
employee shall be notified of the District's representative's decision in writing within five (5) working days
following close of the hearing. This decision shall be final and binding on all parties.
4. EMERGENCY SUSPENSIONS
Under emergency circumstances, an employee may be removed or ordered from the workplace. In such a case,
the employee's supervisor shall document the circumstances that indicate the employee's continued presence at
the work site could have detrimental consequences. After the emergency has passed, the Supervisor,
Department Head and Human Resources Manager shall, within five
(5) days, begin the Disciplinary Action for cause proceedings.
V. SEPARATION OF EMPLOYMENT
A. REDUCTION-IN-FORCE OR LAYOFF
Business and operational needs may necessitate a decrease in the number of employees. Should a reduction-in-
force be deemed necessary, the District will observe the following procedure:
1. ORDER OF LAYOFF
When a reduction in the work force or layoff i s necessary, the District may select employees based on
consideration of such factors as skill, ability, performance and length of continuous service wi th the
District.
2. NOTIFICATION OF EMPLOYEES
Written notices of layoff shall be served on employees personally at work whenever practicable. The
notice of layoff shall include the reason for the layoff and the proposed effective date of the layoff.
3. STATUS ON REEMPLOYMENT
An employee who is laid off according to this policy and is subsequently re -hired within nine (9) months
from the date of his/her layoff to a regular, full-time position will receive all prior service credited for all
purposes, except as otherwise limited by applicable law. This policy does not apply to probationary
employees.
4. SEPARATION PAY
Regular employees whose employment with the District is terminated due to reduction-in-force or layoff
are eligible to receive separation pay equivalent to one weeks’ pay for each full year of complete
employment with the District with a minimum of two weeks. Receipt of separation pay will not impact a
terminated employee’s right to apply for unemployment insurance benefits.
B. SEPARATION PROCESSING
1. EXIT INTERVIEW
Santa Margarita Water District
Page 100 of 161
ITEM NO. 9.1.
AGENDA REPORT
MEETING DATE: February 22, 2024
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
SUBJECT: Mid-Year Review of Fiscal Year 2023-24 Budget
Staff will present the Mid-Year Review of Fiscal Year 2023-24 Budget.
ATTACHMENTS:
1. Slide Deck - Mid-Year Review of FY23-24 Budget
Page 101 of 161
FY2023-24 Budget
Mid-Year Review
February 22, 2024
Page 102 of 161
Overview
•Production
•Revenue
•Variable Costs
•Salary and Related Expenses
•Supplies and Services
•Status of CIP
•Debt Service
•Reserve Balance
•Financial Summary of FY2023-24 Projections
22/22/2024 Page 103 of 161
Production
Page 104 of 161
42/22/2024
FY24 Budget Budget %FY24 Projection Projection %
Ground Water 14,804.3 77%15,403.0 85%
Import Water 4,423.1 23%2,661.6 15%
Total 19,227.4 18,064.6
1,740.6
1,534.2 1,410.2 1,398.9 1,212.8 1,060.2 922.0 1,048.9 1,063.0
1,286.5 1,311.3 1,414.4
345.9
312.2
277.5 279.7
233.2
199.5
16.0
55.2 118.1
142.9
327.8
353.6
2,123.4 2,152.8
1,981.5
1,790.8
1,493.8
1,106.6 1,185.7 1,147.5 1,097.5
1,521.4
1,744.6
1,881.8
GW
83.4%
GW
83.1%
GW
83.6%
GW
83.3%
GW
83.9%
GW
84.2%
GW
98.3%
GW
95.0%
GW
90.0%
GW
90.0%
GW
80.0%
GW
80.0%
-
500.0
1,000.0
1,500.0
2,000.0
2,500.0
Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24
Vo
l
u
m
e
,
A
F
Production Demand
FY24 Year-End Projections by Month
Ground Water Import Water FY24 BUDGET
Actuals Projections
(Based on 5-year avg.)
Page 105 of 161
Production Demand
52/22/2024
FY23 Actual FY24 Budget FY24 Projection
Projection to
Budgeted Var $
Projection to
Budgeted Var %
Ground Water 14,239.7 14,804.3 15,403.0 598.7 4%
Import Water 2,317.1 4,423.1 2,661.6 (1,761.5)-40%
Total 16,556.8 19,227.4 18,064.6 (1,162.8)-6%
Variance Explanation
The decrease of 6% from budgeted is due to lower use of water than estimated.
Informationally, GW% increased from budgeted to projections.
FY23 Actual FY24 Budget FY24 Projection
Ground Water %86%77%85%
Import Water %14%23%15%
Page 106 of 161
Revenue
Page 107 of 161
72/22/2024
FY23 Prior Year FY24 Budgeted FY24 Projection Projection to
Budgeted Var $
Projection to
Budgeted Var %
Consumption (CCF)6,631,701 7,776,493 6,900,672 (875,821)-11%
Revenue ($)$ 18,920,836 $ 26,349,862 $ 23,481,771 $ (2,868,091)-11%
Revenue Analysis
Revenue from Consumption
Variance Explanation
The decrease in Consumption from budgeted is due to lower use of water than estimated.
The decrease in Consumption Revenue from budgeted is due to lower use of water than estimated.
FY23 Prior Year FY24 Budgeted FY24 Projection Projection to
Budgeted Var $
Projection to
Budgeted Var %
Operating Revenue $ 41,607,538 $ 51,437,897 $ 48,249,536 $ (3,188,361)-6%
Non-Operating Revenue 4,575,970 4,112,049 4,862,667 750,618 18%
$ 46,183,508 $ 55,549,946 $ 53,112,203 $ (2,437,743)-4%
Total Consolidated Revenue Summary
Variance Explanation
The decrease from budgeted year is due to lower use of water than estimated. Non-Operating Revenue is
predominantly interest income from investments.
Page 108 of 161
82/22/2024
Revenue Analysis
Water
Revenue
(Res.)
Water
Revenue
(Comm &
Fire)
Water
Revenue
(Irrigation)
Service
Charges
Property Tax
- CFC
Sewer
Charge
Revenue
Sewer
Parcel
Assessment
Other
Operating
Revenue
Interest
Income Property Tax
Other Non-
Operating
Revenue
FY24 Budget 19,683,344 2,016,621 4,769,326 16,076,351 3,597,389 3,582,947 410,497 1,301,422 948,000 2,402,796 761,253
FY24 YE
Projections 17,425,254 1,871,585 4,304,440 16,003,052 3,597,389 3,574,492 412,899 1,060,425 1,540,609 2,526,612 795,446
-
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
Revenue Analysis
FY24 Budget, FY24 Projections
Page 109 of 161
Variable
Costs
Page 110 of 161
Variable Costs Analysis
102/22/2024
Prior Year
FY2022-23
Budget
FY2023-24
Projections
FY2023-24
Projection to
Budgeted Var $
Projection to
Budgeted Var %
Groundwater Purchases $ 7,933,477 $ 9,237,883 $ 9,735,880 $ 497,997 5%
OCWD Annexation Fee 688,612 736,815 717,261 (19,554)-3%
Power Costs 2,960,152 3,071,848 3,115,016 43,168 1%
Import Water Purchases 2,570,435 5,338,971 3,168,158 (2,170,813)-41%
MWDOC Fixed Costs 1,155,753 1,505,652 1,488,847 (16,805)-1%
$ 15,308,429 $ 19,891,169 $ 18,225,162 $ (1,666,007)-8%
Variable Costs Detail
Variance Explanation
The decrease of 8% from budgeted amounts
is due to the decrease in projected demand
and increase in GW% from 77% to 85%
(ground water is more affordable than import
water).
Groundwater
Purchases
54%
OCWD
Annexation Fee
4%
Power Costs
17%
Import Water
Purchases
17%
MWDOC Fixed
Costs
8%
Variable Costs
FY2023-24 Projections
% Allocation
Page 111 of 161
Salary &
Related
Expenses
Page 112 of 161
122/22/2024
FY23 Prior Year FY24 Budget FY24 Projections Projection to
Budgeted Var $
Projection to
Budgeted Var %
Salaries $7,963,735 $9,171,793 $8,523,555 ($648,238)-7%
Benefits $2,384,490 $5,204,879 $5,214,401 $9,522 0%
$10,348,225 $14,376,672 $13,737,956 ($638,716)-4%
Salaries & Related Expenses Detail
Variance Explanation
The decrease in Salary & Related expenses is due to positions being vacant for part of the year.
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
FY24 Budget FY24 Projections
Salary Related Expenses
FY24 Budget, FY24 Projections
Salaries Benefits
Page 113 of 161
Supplies &
Services
Page 114 of 161
142/22/2024
Supplies & Services Summary
Board of
Directors
1%Administration
9%
Finance
6%
Engineering
12%
Operations
56%
IT
10%
HR
6%
DEPARTMENT SPENDING ALLOCATION
SUPPLIES & SERVICES
FY24 PROJECTIONS
FY23 Prior Year FY24 Budget FY24 Projections Projection to
Budgeted Var $
Projection to
Budgeted Var %
Supplies & Services $8,100,671 $10,489,766 $10,174,735 $(315,031)-3%
Variance Explanation
The decrease in Supplies & Services from Budgeted due to various expense category, please see the following slide for
details.
Page 115 of 161
152/22/2024
Variance Explanation
Communications – The increase of 13% is mainly due to increased recruiting activities (job postings and related advertising
expenses).
Data Processing – The decrease of 14% is mainly due to not purchasing GIS Mapping Data (being reevaluated to see if needed)
and spending less in the current fiscal year on Microsoft 365 conversion which will continue into next fiscal year.
Maintenance – The decrease of 8% is mainly due to changes to the City of Yorba Linda’s pavement plans and required manhole and
valve adjustments.
Materials – The decrease of 5% is mainly due to the reduced number of PFAS treatment plant vessels needing resin replacement.
Budgeted number of vessels was 7 but the projected amount is 4, approximately $167,000 per vessel.
Professional Services – The increase of 4% is mainly due to the necessary additional Hydraulic Modeling consulting services.
13%
0%-14%
-16%-1%
6%-6%
-8%
-5%
0%0%-6%
4%
-5%0%
-3%
1%
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
FY24 Budget to Projections
Supplies & Services
2024 Budget 2024 YE Projectons
Page 116 of 161
Status of CIP
Page 117 of 161
172/22/2024
Capital Improvement Projects Detail
Project
FY2023-24
BOD Approved
Budget
FY2023-24
Projected
Expenses
Comments
BNSF Crossing-Veterans Way and S. Highland $1,336,061 $980,028 Completed.
Golden Ave Waterline 305,498 2,371
On-hold. Pending City of Placentia bridge construction
schedule.
Hidden Hills BPS Upgrades 255,131 129,678 In Progress.
Imperial Waterline Improvement 2,938,333 2,884,333 Completed.
Mountain View Waterline Replacement 598,938 650,069 Completed.
PRS Rehabilitation Project *Based on AMP & Asset
Scores 300,000 960,925
In Progress. Increased scope/budget to include 4 additional
PRS projects.
Timber Ridge BPS Pump Replacement 4,209,634 3,530,289 In Progress.
Waterline Replacement *Based on AMP & Leak
History 2,600,000 1,634,789
In Progress. Reduced Camino De Bryant Waterline scope to
prioritize PRS projects.
Well 22 Equipping 5,000 54,719 Completed.
Well Rehabilitation Project 396,000 542,750
1 Well completed. 2 Wells In Progress. Scope/budget increase
to include one additional well.
Total Water CIP $12,944,595 $11,369,952
Green Crest Lift Station Rehab $400,000 $2,287 On-hold. Pending USEPA $300,000 grant funding.
Main Street Sewer Replacement 552,530 454,162 In Progress.
Sewer System Rehabilitation and Replacement
Project 508,875 439,268 In Progress.
Total Sewer CIP $1,461,405 $895,717
Capital Outlay
Vehicle Replacement 480,000 480,000
Security Improvements/Modifications 50,000 50,000
Total Capital Outlay $530,000 $530,000
Grand Total $14,936,000 $12,795,669
Note: Project amounts listed do not reflect the total project cost, only the current budgeted amount.
Page 118 of 161
Debt Service
Page 119 of 161
Debt Service Ratio
For Water Fund
FY23
Actual
FY24
Budget
FY24
Projections
Debt Service $ 3,165,564 $ 4,134,219 $ 4,134,219
Ratio 3.46 2.46 2.44
Per Policy 2.25 2.25 2.25
192/22/2024
Debt Service Ratio Equation:
Total Revenue -Total Expenses (excluding interest expense)
Total Debt Service
Page 120 of 161
Reserve
Balance
Page 121 of 161
212/22/2024
Reserve Balance
Reserve Fund Categories
FY24 Min
Target Levels
FY24 Max
Target Levels FY24 Projections
Operating Reserve $ 11,840,507 $ 23,681,013 $ 28,370,531
Emergency Reserve 8,266,450 16,532,900 9,714,818
Capital Replacement Reserve 14,256,000 14,406,000 10,605,635
Rate Stabilization Reserve 2,369,801 9,479,204 4,566,506
MWD Contingency Reserve 6,000,000 20,000,000 -
Employee Liability Reserve (Restricted)216,919 316,919 323,591
Conservation Reserve (Restricted)-108,936 74,244
Total $ 42,949,677 $ 84,524,972 $ 53,655,325
$74,244
$323,591
$0
$4,566,506
$10,605,635
$9,714,818
$28,370,531
$0 $5 $10 $15 $20 $25 $30
Conservation (Restricted)
Employee Liability (Restricted)
MWD Contingency
Rate Stabilization
Capital Replacement
Emergency
Operating
Millions
Reserve Target Levels
FY24 Year End Projections
Max Target Min Target Current Level
When the bars are
together, the minimum and
maximum target levels are
the same amount.
Page 122 of 161
Summary of
FY2023-24
Projections
Financials
Page 123 of 161
Financial Summary -Consolidated
Revenue FY23
Actual
FY24
Budget
FY24
Projections
Variance $
Budget to
Projected
Revenue (Operating)$ 41,607,539 $ 51,463,692 $ 48,249,536 $ (3,214,156)
Revenue (Non-Operating)4,575,966 4,086,254 4,862,667 776,413
Total Revenue 46,183,505 55,549,946 53,112,203 (2,437,743)
232/22/2024
Expenses
Expenses (Operating):
Variable Costs $ 15,308,429 $ 19,891,169 $ 18,225,162 $ (1,666,007)
Salary Related Expenses 10,348,225 14,376,672 13,737,956 (638,716)
Supplies & Services 8,100,671 10,489,766 10,174,735 (315,031)
Expenses (Non-Operating)2,766,471 2,623,044 2,709,534 86,490
Total Expenses 36,523,796 47,380,651 44,847,387 (2,533,264)
Net Position Before Capital Contributions &
Depreciation $ 9,659,709 $ 8,169,295 $ 8,264,816 $ 95,521
Capital Contributions 26,022,951 -445,291 445,291
Depreciation 9,094,787 9,379,000 9,103,071 (275,929)
Total Net Income (Loss)$ 26,587,873 $ (1,209,705)$ (392,964)$ 816,741
Page 124 of 161
Financial Summary -Water
242/22/2024
Debt Service $ 3,165,564 $ 4,134,219 $ 4,134,219 -
Ratio 3.46 2.46 2.44 (0.02)
Per Policy 2.25 2.25 2.25 -
Revenue FY23
Actual
FY24
Budget
FY24
Projections
Variance $
Budget to
Projected
Revenue (Operating)$ 38,102,054 $ 47,396,018 $ 44,218,117 $ (3,177,901)
Revenue (Non-Operating)4,334,643 3,901,619 4,557,127 655,508
Total Revenue 42,436,697 51,297,637 48,775,244 (2,522,393)
Expenses
Expenses (Operating):
Variable Costs $ 15,308,429 $ 19,891,169 $ 18,225,162 $ (1,666,007)
Salary Related Expenses 8,782,887 12,155,919 11,622,593 (533,326)
Supplies & Services 7,007,737 9,070,383 8,811,228 (259,155)
Expenses (Non-Operating)2,782,215 2,616,744 2,703,562 86,818
Total Expenses 33,881,268 43,734,215 41,362,545 (2,371,670)
Net Position Before Capital Contributions &
Depreciation $ 8,555,429 $ 7,563,422 $ 7,412,699 $ (150,723)
Capital Contributions 25,606,815 -210,235 210,235
Depreciation 7,566,538 7,690,000 7,597,179 (92,821)
Total Net Income (Loss)$ 26,595,706 $ (126,578)$ 25,755 $ 152,333
Page 125 of 161
Financial Summary -Sewer
Revenue FY23
Actual
FY24
Budget
FY24
Projections
Variance $
Budget to
Projected
Revenue (Operating)$ 3,505,485 $ 4,067,674 $ 4,031,419 $ (36,255)
Revenue (Non-Operating)241,323 184,635 305,540 120,905
Total Revenue 3,746,808 4,252,309 4,336,959 84,650
252/22/2024
Expenses
Expenses (Operating):
Salary Related Expenses $ 1,565,338 $ 2,220,753 $ 2,115,363 $ (105,390)
Supplies & Services 1,092,934 1,419,383 1,363,507 (55,876)
Expenses (Non-Operating)(15,744)6,300 5,972 (328)
Total Revenue 2,642,528 3,646,436 3,484,842 (161,594)
Net Position Before Capital Contributions &
Depreciation $ 1,104,280 $ 605,873 $ 852,117 $ 246,244
Capital Contributions 416,136 -235,056 235,056
Depreciation 1,528,249 1,689,000 1,505,892 (183,108)
Total Net Income (Loss)$ (7,833)$ (1,083,127)$ (418,719)$ 664,408
Page 126 of 161
ITEM NO. 9.2.
AGENDA REPORT
MEETING DATE: February 22, 2024
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
SUBJECT: Goals and Objectives for Fiscal Year 2024-25 Operating and Capital
Budget
Staff will present and discuss the Goals and Objectives for Fiscal Year 2024-25 Operating and
Capital Budget.
ATTACHMENTS:
1. Slide Deck - Board Goals and Objectives for FY24-25 Budget
Page 127 of 161
Budget
Development
Process – Board of
Director Goals
and Objectives
for 2024-25
Operating Budget
Budget Workshop Meeting
February 22, 2024
02/22/2024 Budget Workshop Meeting 1Page 128 of 161
Budget Process
This Budget Workshop is for the Board of Directors to provide goals and
objectives to serve as the guidelines for staff to develop the District’s
FY2024-25 Annual Operating and Capital Improvement Budget.
Key Points of Discussion:
•Budget Development Calendar
•2021 Rate Study Assumptions and proposed annual rate adjustments
•Annual debt service obligations
•Staff recommendations
02/22/2024 Budget Workshop Meeting 2Page 129 of 161
Draft Budget Calendar
02/22/2024 Budget Workshop Meeting 3
FY 2024-25 OPERATING/CAPITAL BUDGET DEVELOPMENT - CALENDAR OF KEY EVENTS
MEETING ITEM OF DISCUSSION
JANUARY Tuesday, January 2, 2024 Department Managers
Distribute FY 2024-25 Budget Development Packages to Department Managers
Tuesday, January 23, 2024 Executive Staff
Discussion on budget development processes
Wednesday, January 24, 2024 Staff Meeting Status updates on FY 2024-25 CIP, Capital Outlay, Salary Related, and Variable Cost Budgets
Monday, January 29, 2024 Eng & Ops Managers
FY 2024-25 CIP, Capital Outlay, Salary Related, and Variable Cost Budgets due to Finance
FEBRUARY Tuesday, February 20, 2024 Executive Staff
Discussion on CIP, Capital Outlay, Salary Related, and Variable Cost Budgets
Thursday, February 22, 2024 Budget Workshop
Meeting with BOD to establish goals and objectives for FY 2024-25 Operating and Capital Budgets
Present Draft FY 2024-25 CIP, Capital Outlay, Salary Related, and Variable Cost Budgets (V 1.0)
Wednesday, February 28, 2024 Staff Meeting Status updates on FY 2024-25 Revenue, Supplies & Services, Non-Operating & Other Updates
MARCH Monday, March 4, 2024 Department Managers FY 2024-25 Revenue, Supplies & Services, Non-Operating & Other Updates due to Finance
Tuesday, March 26, 2024 Executive Staff
Discussion on Revenue, Supplies & Services, Non-Operating & Other Updates
Wednesday, March 27, 2024 Staff Meeting Status updates for FY 2024-25 Debt Service, Reserves and Other Key Updates
Thursday, March 28, 2024 Budget Workshop Present Draft FY 2024-25 Revenue, Supplies & Services, Non-Operating (V 1.0) & Other Updates (V 2.0)
APRIL Monday, April 1, 2024 Department Managers FY2024-25 Debt Service, Reserves and Other Key Updates due to Finance
Tuesday, April 23, 2024 Executive Staff
Discussion on Debt Service, Reserves and Other Key Updates
Wednesday, April 24, 2024 Staff Meeting Status updates for FY 2024-25 Operating and CIP Budget
Thursday, April 25, 2024 Budget Workshop Present Draft FY 2024-25 Debt Service, Reserves and Other Key Updates (V 3.0)
Monday, April 29, 2024 Department Managers FY 2024-25 Operating and CIP Budget Updates due to Finance
MAY Monday, May 20, 2024 Department Managers* Final updates for FY 2024-25 Operating and CIP Budget due to Finance (if needed)
Tuesday, May 21, 2024 Executive Staff
Discussion on Updates for Operating and CIP Budget
Thursday, May 23, 2024 Budget Workshop/Hearing Present FY 2024-25 Operating and CIP Budget (Final Draft 4.0) to Board of Directors for Adoption
JUNE Tuesday, June 11, 2024 Executive Staff Discussion on Updates for Operating and CIP Budget (if needed)
Thursday, June 13, 2024 Budget Workshop/Hearing* Present FY 2024-25 Operating and CIP Budget (Final Draft 5.0) for Board of Director Adoption (if needed)
* Additional meetings should the FY 2024-25 Operating and CIP Budget not be adopted on May 23, 2024.
LEGEND Department Managers Deadlines
Executive Staff Meetings
Staff Meetings
Budget Workshops/Hearing
DATE *
Page 130 of 161
FY 25 Budget Assumptions
02/22/2024 Budget Workshop Meeting 4
2025 2025
GW%75% 85%
Demand 18,416 18,687
Revenue (Water, Sewer)9%, 15% 9%, 15%
Supplies & Services 2% 4%
Salary Related Expenses 8% 7%
Variable Costs
Power
Electricity 5% 7%
Gas 5% 3%
Fixed Water Supply Costs
OCWD Annexation 2% 4%
MWDOC Connection Fee 3% 4%
MWDOC Capacity Fee 3% 10%
MWDOC Readiness‐to‐Serve 3% 30%
Variable Water Supply Costs
OCWD RA $527 $688
MWD Treated (Jul‐Dec) $1,278 $1,256
MWD Treated (Jan‐Jun) $1,342 $1,465
FY21 Rate Study Assumptions Projected Assumptions
Page 131 of 161
Impact Inflationary Pressures on Cost of
Supplies and Materials
02/22/2024 Budget Workshop Meeting 5
Per the 2021 Rate Study Assumption: As of March 2021 inflation
was predicted to increase to 2% in 2025.
As of December 2023, inflation was reported at approximately
3.5%.
https://www.bls.gov/regions/west/news-release/consumerpriceindex_losangeles.htm
Page 132 of 161
Annual Debt Service Obligations
02/22/2024 Budget Workshop Meeting 6
Assumptions Per 2021 Rate Study
FY 2024 FY 2025
Current Debt Service
Series 2012A 582,913$ 583,663$
Series 2017A 2,143,419$ 2,139,919$
Proposed New Water Debt Service
Issue Date January 2023
Term 30 Yrs
Interest Rate 5.0%
Proposed Debt 15,000,000$
Issuance Cost 300,000$
Net Proceeds 14,700,000$
Series 2022A 765,289$ 765,289$
Total Annual Debt Service 3,491,621$ 3,488,871$
Resulting Annual Debt Service
FY 2024 FY 2025
Existing Debt Service
Series 2017A 2,143,419$ 2,139,919$
New Debt Service
Issue Date July 2022
Term 30 Yrs
Interest Rate 4.1%
Proposed Debt 32,310,000$
Issuance Cost 264,000$
Net Proceeds 32,046,000$
Series 2022A 1,990,800$ 1,993,575$
Total Annual Debt Service 4,134,219$ 4,133,494$
Net Annual Increase in Debt Service 642,598$ 644,623$
Page 133 of 161
Board of Director Goals and Objectives for
FY 2024-25 Operating Budget
•Staff recommendations
•To ensure cost of service is met, follow adopted schedule for proposed annual
rate adjustments in FY 2024-25 (2021 Rate Study)
•Focus on core mission of providing reliable water and wastewater service to
protect public health and the environment.
•Prioritize the use of Reserves
•Board comments
02/22/2024 Budget Workshop Meeting 7Page 134 of 161
ITEM NO. 9.3.
AGENDA REPORT
MEETING DATE: February 22, 2024
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Delia Lugo, Finance Manager
SUBJECT: Fiscal Year 2024-25 Budget Workshop #1
Staff will present and discuss the proposed Fiscal Year 2024-25 program budgets for Salary Related
Expenses, Capital Improvement Projects, and Capital Outlay.
ATTACHMENTS:
1. Slide Deck - FY24-25 Budget Workshop 1
2. 5-Year CIP FY24-25 Budget
3. 5-Year CIP Water Master Plan
Page 135 of 161
FY2024-25 Budget Workshop 1
February 22, 2024
2/22/2024 1Page 136 of 161
Overview
•Production
•Salary Related Expenses
•Variable Costs
•Summary of FY2024-25 Budget
•5-Year CIP
2/22/2024 2Page 137 of 161
Production
2/22/2024 3Page 138 of 161
Production Demand
2/22/2024 4
Prior Year
FY2022-23
Projected
FYE2023-24
Budget
FY2024-25
Production Demand 16,557 18,065 18,679
2021 Rate Study Assumption 18,416 18,416 18,416
Total Production Demand
14,239.7 15,403.0 15,867.1
2,317.1 2,661.6 2,811.4
18,416.0 18,416.0 18,416.0
0.0
2,000.0
4,000.0
6,000.0
8,000.0
10,000.0
12,000.0
14,000.0
16,000.0
18,000.0
20,000.0
Prior Year
FY2022-23
Projected
FYE2023-24
Budget
FY2024-25
Ac
r
e
-Fe
e
t
Production Demand
Ground Water Import Water 2021 Rate Study Assumptions
Page 139 of 161
Production Demand-Budget Calculation
DEMAND TOTAL (Acre-Feet) –5YR Avg
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL
FY19 2,277.1 2,283.8 2,010.2 1,782.8 1,555.4 980.2 979.5 602.8 873.1 1,531.7 1,436.1 1,712.8 18,025.5
FY20 2,041.6 2,151.2 1,988.3 1,919.2 1,524.6 876.3 1,184.0 1,609.3 1,145.4 1,125.1 1,842.0 1,914.1 19,321.0
FY21 2,165.0 2,174.7 2,057.5 1,956.7 1,552.6 1,524.9 1,231.4 1,113.1 1,275.9 1,646.8 1,819.3 1,952.1 20,469.8
FY22 2,100.2 2,108.1 1,974.9 1,686.1 1,592.6 1,139.9 1,235.1 1,340.8 1,527.9 1,623.8 1,784.7 1,831.2 19,945.3
FY23 2,033.5 2,050.0 1,877.8 1,611.8 1,254.0 1,033.0 722.6 1,033.6 706.5 1,239.6 1,465.1 1,529.3 16,556.8
FY24 2,086.5 1,846.4 1,687.7 1,678.6 1,446.0 1,259.7 938.0 10,942.9
5 YR
AVG.2,085.4 2,066.1 1,917.2 1,770.5 1,474.0 1,166.8 1,062.2 1,139.9 1,105.7 1,433.4 1,669.4 1,787.9 18,678.5
2/22/2024 5
FY2024-25 Budget Calculation
Demand is calculated by taking the last 5 years of actuals and averaging them
for each month.
Page 140 of 161
Production Demand -Rate Study Comparison
2/22/2024 6
Prior Year
FY2022-23
Projected
FYE2023-24
Budget
FY2024-25
Ground Water 14,239.7 15,379.6 15,867.1
Import Water 2,317.1 2,685.0 2,811.4
Total 16,556.8 18,064.6 18,678.5
Historic & Future Demand
2021 Rate Study Assumptions
Ground Water %86%85%85%
Import Water %14%15%15%
FY2022-23 FY2023-24 FY2024-25
Ground Water 13,812.0 13,812.0 13,812.0
Import Water 4,604.0 4,604.0 4,604.0
Total 18,416.0 18,416.0 18,416.0
Ground Water %75%75%75%
Import Water %25%25%25%
Page 141 of 161
Salary Related
Expenses
2/22/2024 7Page 142 of 161
2/22/2024
Salary Related Expenses
8
Variance from Assumptions Explanation
Salary Related Expenses are below the Rate Study in all years, FY23, FY24 and FY25. The
increase in FY24 Projected Salary Related Expenses is due to a new MOU effective July 2023
and results of completed compensation study.
Note: Salary Related Expenses totals do not include the capitalized labor for proper
comparison to the 2021 Rate Study Assumptions.
Total:
$10,348,225
Total:
$13,737,956
Total:
$15,746,996
$13,874,936 $14,984,930 $16,183,725
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
FY2022-23 FY2023-24 FY2024-25
FY25 Budget Salary Related Expenses
Salary Related - Water Salary Related - Sewer 2021 Rate Study Assumptions
Page 143 of 161
Prior Year
FY2022-23
Projected
FYE2023-24
Budget
FY2024-25
Salary Related -Water $ 8,782,887 $ 11,622,593 $ 13,214,585
Salary Related -Sewer 1,565,338 2,115,363 2,532,411
$ 10,348,225 $ 13,737,956 $ 15,746,996
Salaries & Related Expenses Detail
2/22/2024
2021 Rate Study Assumptions
FY2022-23 FY2023-24 FY2024-25
Salary Related -Water $ 11,846,713 $ 12,794,450 $ 13,818,006
Salary Related -Sewer 2,028,223 2,190,480 2,365,719
$ 13,874,936 $ 14,984,930 $ 16,183,725
Rate Study Assumptions $ (3,526,711)$ (1,246,974)$ (436,729)
Variance %-25%-8%-3%
Variance from Assumptions
Salary Related Expenses
Note: Salary Related Expenses totals do not include the capitalized labor for proper comparison to
the 2021 Rate Study Assumptions.
9Page 144 of 161
Variable Costs
2/22/2024 10Page 145 of 161
Variable Costs Detail
2/22/2024 11
2021 Rate Study Assumptions
Prior Year
FY2022-23
Projections
FY2023-24
Budget
FY2024-25
Groundwater Purchases $ 7,933,477 $ 9,735,880 $ 10,922,275
OCWD Annexation Fee 688,612 717,261 745,951
Power Costs 2,960,152 3,115,016 3,505,425
Import Water Purchases 2,570,435 3,168,158 3,685,419
MWDOC Fixed Costs 1,155,753 1,488,847 1,799,472
$ 15,308,429 $ 18,225,162 $ 20,658,542
Historic & Future Variable Costs
FY2022-23 FY2023-24 FY2024-25
Groundwater Purchases $ 6,998,164 $ 7,138,127 $ 7,280,890
OCWD Annexation Fee 542,544 553,395 564,462
Power Costs 1,347,466 1,414,839 1,485,581
Import Water Purchases 5,447,368 5,719,737 6,005,724
MWDOC Fixed Costs 857,008 882,718 909,200
$ 15,192,550 $ 15,708,816 $ 16,245,857
Rate Study Assumptions $ 115,879 $ 2,516,346 $ 4,412,685
Variance %1%16%27%
Variance from Assumptions
Page 146 of 161
Variable Cost-Budget Calculation
2/22/2024 12
FY2023-25 Budget Calculation
Variable costs are set by our operating plan. They are then calculated by the rates and fixed
costs received from OCWD and MWDOC. Power is calculated from historical trends in cost
by acre-feet and the proposed cost increases from our utilities providers.
Variable Cost Prior Year
FYE2022-23
Projected
FY2023-24
Budget
FY2024-25
OCWD Replenishment Assessment (ground water)$558/AF $624/AF $688/AF
Variance %10%12%10%
Metropolitan Treated Water Rate (imported water)$1,143/$1,209/AF $1,209/$1,256/AF $1,256/$1,465/AF
Variance %6%4%17%
OCWD Annexation $688,612 $717,261 $745,951
Variance %7%4%4%
MWDOC Fixed Costs –Connection Fee $349,759 $344,007 $363,336
Variance %10%0%4%
MWDOC Fixed Costs –Capacity Fee $302,776 $322,091 $326,832
Variance %6%1%10%
MWDOC Fixed Costs –Readiness to Serve Fee $529,731 $818,292 $1,063,776
Variance %36%54%30%
Power $2,960,152 $3,115,016 $3,505,425
Variance %128%5%13%
Historic & Future Variable Costs
The variance % is the increase/decrease from the previous year.
Page 147 of 161
Variable Cost-Budget Calculation
2/22/2024 13
Variable Cost % Increase Per
Year FYE2022-23 FY2023-24 FY2024-25
OCWD Replenishment Assessment
(ground water)2%$507/AF $517/AF $527/AF
Metropolitan Treated Water Rate
(imported water)5%$1,159/$1,217/AF $1,217/$1,278/AF $1,278/$1,342/AF
OCWD Annexation 2%$542,544 $553,395 $564,462
MWDOC Fixed Costs –Connection Fee 3%$327,457 $337,281 $347,400
MWDOC Fixed Costs –Capacity Fee 3%$226,796 $233,600 $240,608
MWDOC Fixed Costs –Readiness to Serve
Fee 3%$302,754 $311,837 $321,192
Power 5%$1,347,466 $1,414,839 $1,485,581
2021 Rate Study Assumptions
Variable Cost FYE2022-23 FY2023-24 FY2024-25
OCWD Replenishment Assessment (ground water)10%21%31%
Metropolitan Treated Water Rate (imported water)-1%-2%9%
OCWD Annexation 27%30%32%
MWDOC Fixed Costs –Connection Fee 7%2%5%
MWDOC Fixed Costs –Capacity Fee 42%40%49%
MWDOC Fixed Costs –Readiness to Serve Fee 75%162%231%
Power 120%120%136%
The variance % is the increase/decrease from actuals to rate study.
Page 148 of 161
Summary of
FY2024-25 Budget
2/22/2024 14Page 149 of 161
Financial Summary -Consolidated
Revenue Prior Year
FY2022-23
Projections
FY2023-24
Budget
FY2024-25
Revenue (Operating)
Revenue (Non-Operating)
Total Revenue
Rate Study Assumptions
Variance %
05/25/2023
Expenses
Expenses (Operating):
Variable Costs $ 15,308,429 $ 18,225,162 $ 20,658,542
Salary Related Expenses 10,348,225 13,737,956 15,746,996
(Less Capitalized Labor)--(545,000)
Supplies & Services
Expenses (Non-Operating)
Total Expenses
Rate Study Assumptions
Variance %
Net Position Before Capital Contributions &
Depreciation
Capital Contributions
Depreciation
Total Net Income (Loss)
15Page 150 of 161
Financial Summary -Water
Revenue Prior Year
FY2022-23
Projections
FY2023-24
Budget
FY2024-25
Revenue (Operating)
Revenue (Non-Operating)
Total Revenue
Rate Study Assumptions
Variance %
05/25/2023
Expenses
Expenses (Operating):
Variable Costs $ 15,308,429 $ 18,225,162 $ 20,658,542
Salary Related Expenses 8,782,887 11,622,593 13,214,585
(Less Capitalized Labor)--(445,000)
Supplies & Services
Expenses (Non-Operating)
Total Expenses
Rate Study Assumptions
Variance %
Net Position Before Capital Contributions &
Depreciation
Debt Service
Ratio
Per Policy
Capital Contributions
Depreciation
Total Net Income (Loss)
16Page 151 of 161
Financial Summary -Sewer
Revenue Prior Year
FY2022-23
Projections
FY2023-24
Budget
FY2024-25
Revenue (Operating)
Revenue (Non-Operating)
Total Revenue
Rate Study Assumptions
Variance %
05/25/2023
Expenses
Expenses (Operating):
Salary Related Expenses $ 1,565,338 $ 2,115,363 $ 2,532,411
(Less Capitalized Labor)--(100,000)
Supplies & Services
Expenses (Non-Operating)
Total Revenue
Rate Study Assumptions
Variance %
Net Position Before Capital Contributions &
Depreciation
Capital Contributions
Depreciation
Total Net Income (Loss)
17Page 152 of 161
5-Year CIP
2/22/2024 18Page 153 of 161
19
5-Yr CIP FY25 Budget
2/22/2024
PROJECT NAME FY25 FY26 FY27 FY28 FY29 TOTAL
Pressure Regulating Station Projects $-$-$-$-$-$-
FY23-24 PRS Replacement Project (750,000 ----750,000
Waterline Projects ------
Fire Flow Enhancement Waterline Projects 2,500,000 250,000 750,000 --3,500,000
Golden Avenue Waterline 308,000 ----308,000
Fire Flow Enhancement Waterline Projects ---300,000 300,000 600,000
Reservoir Projects ------
Fairmont Reservoir Rehab 390,000 650,000 ---1,040,000
Booster Pump Station Projects ------
Timber Ridge BPS 372,000 ----372,000
Lakeview BPS Improvements 289,000 1,320,000 800,000 --2,409,000
Lakeview BPS Improvements (YLWD Labor)-200,000 89,000 --289,000
Box Canyon BPS Improvements ------
Yorba Linda BPS Rehab ---324,000 979,000 1,303,000
Well Projects ------
Well Rehabilitation 208,000 208,000 ---416,000
Well 23 Drilling & Equipping (Offsite well)424,500 897,750 1,778,000 6,703,000 -9,803,250
Well 24 Drilling & Equipping ---1,053,000 2,190,000 3,243,000
Well VFD Upgrades 312,000 ----312,000
Total Water CIP $5,553,500 $3,525,750 $3,417,000 $8,380,000 $3,469,000 $24,345,250
Sewer Main Projects $-$-$-$-$-$-
Buena Vista Sewer Main Improvements ---1,130,500 1,130,500 2,261,000
Kellogg Dr Sewer Main Upsize -822,000 2,874,000 330,000 -4,026,000
Sewer System Rehabilitation & Replacement Projects ------
FY25-26 Sewer CIPP Rehabilitation Project -400,000 ---400,000
FY27-28 Sewer CIPP Rehabilitation Project ---500,000 -500,000
Lift Station Projects ------
Green Crest Sewer Lift Station ($300k Grant)700,000 ----700,000
Total Sewer CIP $700,000 $1,222,000 $2,874,000 $1,960,500 $1,130,500 $7,887,000
CIP Total $6,253,500 $4,747,750 $6,291,000 $10,340,500 $4,599,500 $32,232,250
CAPITAL OUTLAY FY25 FY26 FY27 FY28 FY29 TOTAL
Vehicle Replacements $362,000 $450,000 $1,020,000 $415,000 $1,225,000 $3,472,000
Building 2 Upgrades -Locker Room 150,000 ----150,000
Replace Car Wash 74,500 ----74,500
Replace Light Tower 35,000 ----35,000
Well #1 -Pratt Valve 25,000 ----25,000
CAPITAL OUTLAY TOTAL $646,500 $450,000 $1,020,000 $415,000 $1,225,000 $3,756,500
GRAND TOTAL -CAPITAL IMPROVEMENT & CAPITAL OUTLAY $6,900,000 $5,197,750 $7,311,000 $10,755,500 $5,824,500 $35,988,750
Page 154 of 161
Updated 1/24/2024rev.SHEET 1 ‐ Draft Projected Baseline CIP FY24‐25 Through FY28‐29 (Using Existing Rate Structure 9% Water, 15% Sewer Annual Increases through FY25‐26)
FUNDING CLASS PROJECT NAME FY24-25 FY25-26 FY26-27 FY27-28 FY28-29 TOTAL
Waterline Projects
FF Fire Flow Enhancement Waterline Projects (Design starts Feb 2024)2,500,000$ 250,000$ 750,000$ 3,500,000$
Booster Pump Station Projects -$
FF, AMP Timber Ridge BPS (Est. Completion 1st quarter FY24-25)372,000$ 372,000$
BPP, AMP Lakeview BPS Improvements (See Pay-Go for additional funding)289,000$ 1,320,000$ 800,000$ 2,409,000$
Pressure Regulating Station Projects -$
AMP, O FY23-24 PRS Replacement Project (Applecreek, Willowbrook, Stone Canyon, Paseo Del Prado)750,000$ 750,000$
Water (Bonds) Total 3,911,000$ 1,570,000$ 1,550,000$ -$ -$ 7,031,000$
Waterline Projects -$
O Golden Avenue Waterline - Pending City of Placentia Schedule 308,000$ 308,000$
FF Fire Flow Enhancement Waterline Projects -$ -$ -$ 300,000$ 300,000$ 600,000$
AMP AMP Waterline Replacement Projects -$ -$ -$ -$ -$ -$
PRS Projects -$
AMP, O Zone 570 (2) PRS Consolidation (Included in FY23-24 PRS Replacement Project - See Bonds)-$ -$
AMP Del Rey PRS Rehab or Replacement -$ -$ -$
AMP Applecreek PRS Rehab or Replacement (Included in FY23-24 PRS Project - See Bonds)-$
O Savi Ranch PRS - Water Infrastructure Redundancy & Resiliency -$ -$ -$ -$
Reservoir Projects -$
AMP Fairmont Reservoir Rehab 390,000$ 650,000$ 1,040,000$
BPP, O Little Canyon Reservoir MOV -$ -$
Booster Pump Station Projects -$
FF, AMP Elk Mountain BPS Rehab -$ -$
FF, AMP Santiago BPS Rehab -$ -$ -$ -$
BPP, AMP Lakeview BPS Improvements (YLWD Labor) - See Bonds for design and construction -$ 200,000$ 89,000$ 289,000$
AMP, O Box Canyon BPS Improvements -$ -$ -$
BPP, AMP Yorba Linda BPS Rehab -$ -$ 324,000$ 979,000$ 1,303,000$
Well Projects -$
BPP, AMP, O Well Rehabilitation 208,000$ 208,000$ 416,000$
BPP Well 23 Drilling & Equipping (Offsite well)424,500$ 897,750$ 1,778,000$ 6,703,000$ 9,803,250$
BPP Well 24 Drilling & Equipping 1,053,000$ 2,190,000$ 3,243,000$
BPP, O Well VFD Upgrades 312,000$ -$ -$ -$ -$ 312,000$
Other -$
O AWIA Resiliency Improvements to District Facilities -$ -$ -$ -$ -$ -$
O AWIA Site and Security Upgrades at District Facilities -$ -$ -$ -$ -$ -$
Water (Pay-Go) Total 1,642,500$ 1,955,750$ 1,867,000$ 8,380,000$ 3,469,000$ 17,314,250$
Water (Bonds & Pay-Go) Total 5,553,500$ 3,525,750$ 3,417,000$ 8,380,000$ 3,469,000$ 24,345,250$
Sewer Main Projects -$
AMP, O Buena Vista Sewer Main Improvements -$ -$ 1,130,500$ 1,130,500$ 2,261,000$
AMP, O Kellogg Dr Sewer Main Upsize 822,000$ 2,874,000$ 330,000$ -$ 4,026,000$
Sewer System Rehabilitation & Replacement Projects -$
AMP, O FY25-26 Sewer CIPP Rehabilitation Project 400,000$ 400,000$
AMP, O FY27-28 Sewer CIPP Rehabilitation Project 500,000$ 500,000$
Lift Station Projects -$
AMP, O Green Crest Sewer Lift Station (Pay-Go)700,000$ 700,000$
*Green Crest Sewer Lift Station (Grant)300,000$ 300,000$
Sewer (Pay-Go Only) Total 700,000$ 1,222,000$ 2,874,000$ 1,960,500$ 1,130,500$ 7,887,000$
Sewer (Grants* Only) Total 300,000$ -$ -$ -$ -$ 300,000$
Sewer (Pay-Go & Grants*) Total 1,000,000$ 1,222,000$ 2,874,000$ 1,960,500$ 1,130,500$ 8,187,000$
TOTAL WATER AND SEWER CIP EXCLUDING GRANT ALLOCATION 6,253,500$ 4,747,750$ 6,291,000$ 10,340,500$ 4,599,500$ 32,232,250$
AMP (CB) Asset Management Plan/Condition Based O
BPP Basin Production Percentage (Maximize groundwater to reliably achieve 85% BPP) FF
Differences between Sheet 1 and Sheet 2
WATER
BONDS
PAY-GO
Fire Flow Enhancements
Water Supply Optimization
PAY-GO
WATER
SEWER
Page 155 of 161
Updated 1/24/2024rev.SHEET 2 ‐ Draft Projected CIP FY24‐25 Through FY28‐29 per the Water Master Plan, AMP, and Wastewater Master Plan
FUNDING CLASS PROJECT NAME FY24-25 FY25-26 FY26-27 FY27-28 FY28-29 TOTAL
Waterline Projects -$
FF Fire Flow Enhancement Waterline Projects (Design starts Feb 2024)2,500,000$ 250,000$ 750,000$ -$ -$ 3,500,000$
Booster Pump Station Projects -$
FF, AMP Timber Ridge BPS (Est. Completion 1st quarter FY24-25)372,000$ -$ -$ -$ -$ 372,000$
BPP, AMP Lakeview BPS Improvements (See Pay-Go for additional funding)688,000$ 1,721,000$ -$ -$ -$ 2,409,000$
Pressure Regulating Station Projects -$
AMP, O FY23-24 PRS Replacement Project (Applecreek, Willowbrook, Stone Canyon, Paseo Del Prado)750,000$ -$ -$ -$ -$ 750,000$
Water (Bonds) Total 4,310,000$ 1,971,000$ 750,000$ -$ -$ 7,031,000$
Waterline Projects -$
O Golden Avenue Waterline - Pending City of Placentia Schedule 308,000$ 308,000$
FF Fire Flow Enhancement Waterline Projects 2,706,000$ 3,203,000$ 2,114,000$ 2,792,000$ 3,616,000$ 14,431,000$
AMP AMP Waterline Replacement Projects 3,120,000$ 2,651,000$ 3,375,000$ 3,510,000$ 3,650,000$ 16,306,000$
PRS Projects -$
AMP, O Zone 570 (2) PRS Consolidation (Included in FY23-24 PRS Replacement Project)1,487,000$ 1,487,000$
AMP Del Rey PRS Rehab or Replacement 312,000$ 1,947,000$ 2,259,000$
AMP Applecreek PRS Rehab or Replacement (Included in FY23-24 PRS Replacement Project)-$ -$
O Savi Ranch PRS - Water Infrastructure Redundancy & Resiliency -$ 811,000$ 1,125,000$ 1,189,000$ 3,125,000$
Reservoir Projects -$
AMP Fairmont Reservoir Rehab 1,040,000$ -$ 1,040,000$
BPP, O Little Canyon Reservoir MOV 225,000$ 225,000$
Booster Pump Station Projects -$
FF, AMP Elk Mountain BPS Rehab 912,000$ 912,000$
FF, AMP Santiago BPS Rehab 844,000$ 2,457,000$ 2,555,000$ 5,856,000$
BPP, AMP Lakeview BPS Improvements (YLWD Labor) - See Bonds for design and construction 144,000$ 145,000$ -$ 289,000$
AMP, O Box Canyon BPS Improvements 562,000$ 1,065,000$ 1,627,000$
BPP, AMP Yorba Linda BPS Rehab 324,000$ 979,000$ -$ -$ 1,303,000$
Well Projects -$
BPP, AMP, O Well Rehabilitation 416,000$ 433,000$ 849,000$
BPP Well 23 Drilling & Equipping 1,040,000$ 2,704,000$ 2,812,000$ 6,556,000$
BPP Well 24 Drilling & Equipping 1,053,000$ 2,190,000$ 3,243,000$
BPP, O Well VFD Upgrades 312,000$ 324,000$ 337,000$ 973,000$
Other -$
O AWIA Resiliency Improvements to District Facilities 381,000$ 397,000$ 412,000$ 429,000$ 446,000$ 2,065,000$
O AWIA Site and Security Upgrades at District Facilities 381,000$ 397,000$ 412,000$ 429,000$ 446,000$ 2,065,000$
Water (Pay-Go) Total 11,647,000$ 13,336,000$ 13,197,000$ 12,924,000$ 13,815,000$ 64,919,000$
Water (Bonds & Pay-Go) Total 15,957,000$ 15,307,000$ 13,947,000$ 12,924,000$ 13,815,000$ 71,950,000$
Sewer Main Projects -$
AMP, O Buena Vista Sewer Main Improvements -$ 1,130,500$ 1,130,500$ -$ -$ 2,261,000$
AMP, O Kellogg Dr Sewer Main Upsize -$ -$ -$ 1,917,000$ 1,917,000$ 3,834,000$
Sewer System Rehabilitation & Replacement Projects -$
AMP, O FY25-26 Sewer CIPP Rehabilitation Project -$ 400,000$ -$ -$ -$ 400,000$
AMP, O FY27-28 Sewer CIPP Rehabilitation Project -$ -$ -$ 500,000$ -$ 500,000$
Lift Station Projects -$
AMP, O Green Crest Sewer Lift Station (Pay-Go)700,000$ -$ -$ -$ -$ 700,000$
*Green Crest Sewer Lift Station (Grant)300,000$ -$ -$ -$ -$ 300,000$
Sewer (Pay-Go Only) Total 700,000$ 1,530,500$ 1,130,500$ 2,417,000$ 1,917,000$ 7,695,000$
Sewer (Grants* Only) Total 300,000$ -$ -$ -$ -$ 300,000$
Sewer (Pay-Go & Grants*) Total 1,000,000$ 1,530,500$ 1,130,500$ 2,417,000$ 1,917,000$ 7,995,000$
TOTAL WATER AND SEWER CIP EXCLUDING GRANT ALLOCATION 16,657,000$ 16,837,500$ 15,077,500$ 15,341,000$ 15,732,000$ 79,645,000$
AMP (CB) Asset Management Plan/Condition Based O
BPP Basin Production Percentage (Maximize groundwater to reliably achieve 85% BPP) FF
Differences between Sheet 1 and Sheet 2
Fire Flow Enhancements
PAY-GO
WATER
BONDS
PAY-GO
WATER
SEWER
Water Supply Optimization
Page 156 of 161
ITEM NO. 9.4.
AGENDA REPORT
MEETING DATE: February 22, 2024
TO: Board of Directors
FROM: Mark Toy, General Manager
STAFF CONTACTS: Joanna Gonzalez, Public Affairs Officer
SUBJECT: Communications Goals, Objectives, and Strategies
The attached slides have been included for reference in preparation for input from the Board of
Directors.
ATTACHMENTS:
1. Slide Deck - Communications Plan
Page 157 of 161
Communications Plan:
Goal, Objectives, Strategies
02/22/24 Board of Directors Regular Meeting 1Page 158 of 161
2
COMMUNICATIONS PLAN
COMMUNICATIONS
GOAL
To increase public
awareness about
Yorba Linda Water
District and the
services the District
provides.
Page 159 of 161
3
COMMUNICATIONS PLAN
COMMUNICATIONS
OBJECTIVES
A.Enhance YLWD’s visibility
and positive recognition
B.Increase awareness of
YLWD and water among key
audiences
C.Unify YLWD messaging and
publications
Page 160 of 161
4
COMMUNICATIONS PLAN
COMMUNICATIONS STRATEGIES
Objective A
Enhance YLWD’s visibility
& positive recognition
Objective B
Increase awareness of
YLWD & water among
key audiences
Objective C
Unify YLWD messaging
& publications
Facilitate accolades
& awards for YLWD
Improve YLWD’s
publications &
social media
Establish analytics for
ylwd.com, social media,
& email campaigns
Manage YLWD’s
community & industry
relations campaigns
Operate YLWD’s Water
Donations Programs
Improve overall
engagement on social
media platforms
Strengthen YLWD’s
communications consistency
by using one look,
one voice
Provide YLWD Board &
staff with key messages
& information
Page 161 of 161