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HomeMy WebLinkAbout2008-04-28 - Personnel-Risk Management Committee Meeting Agenda PacketNL w YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING Monday, April 28, 2008, 8:30 a.m. 1717 E. Miraloma Avenue, Placentia, CA 92870 - Tel: (714) 701-3020 AGENDA COMMITTEE: STAFF: Director Paul R. Armstrong, Chair Michael A. Payne, General Manager Director Ric Collett Gina Knight, HR Manager Alternate: John W. Summerfield INTRODUCTION OF VISITORS AND PUBLIC COMMENTS: Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. ACTION ITEMS: This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee actions. None DISCUSSION ITEMS: This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee Members. This portion of the agenda may also include items for information only. 2. Review second draft of Revisions to Personnel Rules 3. Status of Recruitments 4. Status of Personnel on Administrative leave. ADJOURNMENT: The next meeting of the Personnel-Risk Management Committee meeting is scheduled for May 12, 2008 at 4:00 p.m. Accommodations for the Disabled: Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning Michael A. Payne, District Secretary, at (714)701-3020 or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability- related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. yL' w AGENDA YORBA LINDA WATER DISTRICT MANAGEMENT MEETING Tuesday, April 29, 2008, 4:00 p.m. 1717 E. Miraloma Avenue, Placentia, CA 92870 MANAGEMENT STAFF: Michael A. Payne, General Manager Kenneth R. Vecchiarelli, Assistant General Manager Lee Cory, Operations Manager Diane Cyganik, Finance Director Pat Grady, Information Technology Director Gina Knight, HR Manager (If you are not planninq to attend this meeting, please indicate who will represent vour department). OTHER STAFF: None ACTION ITEMS: 1. Administration Mike Payne a. New building issues b. Review Orange County Grand Jury report titled: Water Budgets, Not Water Rationing C. District Breakfast April 30, 7:30 a.m. 2. Operations Department 3. Business Department 4. IT Department 5. HR Department 6. Engineering/AGM Lee Cory Diane Cyganik Pat Grady Gina Knight Ken Vecchiarelli If items are not on the agenda, time permitting, other items may be discussed in order of importance. The next Management meeting is scheduled for May from 2:00 p.m. to 3:00 p.m., 1717 E. Miraloma Avenue, Placentia, CA 92870 in the Closed Session Room. 1 ITEM NO. PERSONNEL RULES ML w, YORBA LINDA WATER DISTRICT 242bk'-3104#30 .14 Yorba Linda Water District page 2 Personnel Rules RULE 1. PURPOSE AND APPLICABILITY, 1.01 PURPOSE These rules establish the policies, principles and procedures for dealing with personnel matters. The intent of these rules is to establish a practical system based upon merit principles that will provide effective and efficient service to the public. This objective will be sustained through uniform, fair and equitable procedures which provide reasonable rights for prospective and current employees. These rules describe the District's Classification and Compensation system along with employee benefits. They also define work schedules, overtime, standby and call-out requirements; and spell out the District's criteria and expectations regarding employment, selection, and promotion, while providing protection and due process for employees in matters related to discipline. and grievances.. and-g~~~> 1.02 COVERAGE These rules apply to employees in the Competitive Sen!ice, unless a broader coverage is expressly extended by a specific provision within these rules. The Competitive Service sl3a ll includes all full-time and part-time positions except the following: A. General Manager B. Temporary Employees and part time enirdoNees "orking less than 30 hours per sr eel l 1 -1t~ll t~ ~1 $`c r i €~tt lt~r ire assist rt1 l ~ the--Board of Ditle tofs -111e are also ~:xc#t~cl~l-it-~~ra, tl~c~se ~~t1e; --Secretary 1). Assistant L- Aud4of Incumbents serving in positions excluded from Competitive Service siia It serve at the will of the General Manager and may be dismissed without cause or right of appeal. These Rules supersede any and all District or Departmental personnel management policies, rules, regulations and procedures previously adopted, to the extent that they are inconsistent. If any section, sub-section, sentence. clause or phrase of these Rules is found to be illegal. such findings shall not affect the validity of the remaining portion of these Rules. ,4268-3 N 0030-004 Yorba Linda Water District Personnel Rules page 3 't'hese rules do not create any contract of employment, expressed or implied, or an-' rights in the nature of a contract. 2424x-_3 Y0030004 Yorba Linda Water District page 4 Personnel Rules 1.03 EQUAL EMPLOYMENT OPPORTUNITY For purposes of employment, promotion, transfer or any other personnel related action, the District does not discriminate by reason of disability, marital status, medical condition, race, religion, color, sex, sexual orientation, sexual identilN. age, national origin or ancestry, or and other classification protected by laity, provided however. that the District may make employment decisions on the basis of a bona fide occupational qualification when permitted by law. Continued employment of those employees covered by these rules sh,-1! hcis subject to satisfactory work performance and necessity for the performance of the work as determined by the District. 1.04 REVISIONS The Board of Directors may amend these Rules. Revisions to these Rules may be proposed by any member of the Board of Directors or the General Manager. Notice of proposed revisions and/or amendments i--m;1 at i11 be fiirnished to each recognized employee organization at least five days prior to consideration by the Board of Directors. Such notice shall include the content of the proposed revision and/or amendment as well as the date, time and place on which it is to be heard by the Board of Directors. 1.05 PERSONNEL OFFICER 'Ilie--Genera; tana4.:er sha11-de i#nFtte the The Personnel Officer is the Human Resources Nlana-er unless this responsibility is otl+em ist delegated to another en+plm e In the general Nlanager. The Personnel Officer iialiNi ill be responsible for administration of the District Personnel System, including all rules and regulations except those which may be specifically reserved by the General or Board of Directors. The Personnel Officer atr}h. ill also be responsible for preparing and recommending to the Board of Directors revisions to and/or interpretations of these rules; providing for the recruitment and evaluation of candidates for vacant positions. and for preparing and revising as necessary, a position classification system along with a schedule of compensation for approval by the Board of Directors. Nothing -precludes the Personnel Officer from recommending to the General that any personnel function be performed under contract by a qualified person. agency or organization. 2-121,8'.3 NO 4130.021 Yorba Linda Water District Personnel Rules RULE 2. DEFINITIONS page 5 The following terms as used in these Personnel Rules and Regulations shall, unless the context clearly indicates otherwise, have the respective meanings described below: ALLOCATION: The assignment of a single position to its proper class in the District's Position Classification Plan. APPOINTING AUTHORITY: The General Manager or designee, who, in their individual capacity, has the final authority to appoint a person to or from a position of employment. APPOINTMENT: The designation of a person by due authority to become a District employee, signing of the proper forms to record the designation and acceptance by the person of the position and conditions as provided in these rules. CLASS: All positions sufficiently similar in duties, authority, responsibility and working conditions to permit grouping under common title and the application of common standards of selection, transfer, promotion and salary. CLASSIFICATION PLAN: A listing of the duties and responsibilities of all District positions, as determined by the Personnel Officer and approved by the Board of Directors. COMPETITIVE SERVICE: Hie All full link and past time positions aiiti .empktk'nx-h ev+iich a,e --I, 1,02t fl-'except these excluded in Rule 1.02. In essence, the merit system whereby District employees are hired and promoted through a competitive process based upon objective standards of merit to assure fair consideration in all aspects of employment/promotion. CONTINUOUS SERVICE_.: The t,ontf3'tt3tt., service of at) i~LL lar employee in a payroll status without intemiption except for authorized leaves s) of absence from date of hire. DEMOTION: The voluntary or involuntary transfer of an employee from one class to another class with a lower salary grade. oj- it.. -t, +1~ 3 '01 1 zr 1}teY<iT'1=~3 33tFttyli DEPARTMENT HEAD: One who functions directly under the authority of the General Manager, has direct responsibility for a particular department or major function, and manages its staff, policies and budget. DISCIPLINARY ACTION: The discharge. demotion, reduction of pay, suspension, or the issuance of a written reprimand or formal warning. Disciplinan Action is not oilier flai) an evaluation, reoardless ol'the ratiw . !O} , pli If t ret e3n : DISMISSAL: The discharge of an employee by the District from District employment. Yorba Linda Water District page 6 Personnel Rules ELIGIBLE: A person whose name is on an employment list, promotional list or reemployment list. en ~l n r t; EMPLOYEE: An ek-Cl3°tl-or appfa~ 'scat O Cttp i€ in-the-District" andperson k%ho is employed by the District «ho has completed a competitve examination and appointment process and is providing senices to the District or its customers. This excludes independent and outside contractors, members of advisory boards and volunteers. EMPLOYEE ASSISTANCE PROGRAM: A health and wellness benefit which allows an employee or member of the employee's family to receive personal counseling at District expense, subject to certain limits. EMPLOYMENT LIST: A. Open Competitive A list of candidates who have qualified in an examination open to all qualified individuals and who are eligible for appointment. B. Promotional A list of candidates who have qualified in an examination open only to qualified District employees and who are eligible for appointment. C. Reemployment A list of former employees who have been laid off and who are eligible for reemployment in their former classification or in a comparable classification carrying the same or lower maximum rate of pay. D. Reinstatement A list of former employees who resigned from the Competitive Service in good standing and who are eligible for reinstatement to their former classification carrying the same or lower maximum rate of pay. EXEMPT EMPLOYEE: An employee who is exempt from the overtime payment provisions of FLSA. FAIR LABOR STANDARDS ACT (FLSA): The Federal Law which guarantees employees C,~,rEnilI T'# IM 11 ~ifltl-time and one-half pay for ;irking o`ertiine.ovori i'itlc'< a?sLfl*%,is FISCAL YEAR: A twelve month period from July I to June 30 in which the District plans, budgets, appropriates and expends its funds. FULL-TIME POSITION: A position requiring the incumbent to work forty hours or more per week. GRIEVANCE-. A claim by a regular employee in the competitive service that the District has violated, nusrepresented or misapplied an obligation to the employee, as expressed in the Personnel Rules, Memorandum of Understanding or other administrative rules, procedures or regulations. Disciplinary actions, the content of performance evaluations, rejection from 141s K _1 _'t t 4:.. _ ui4 2426x'3 5 (W-W.004 Yorba Linda Water District page 7 Personnel Rt:les probation, ;.t merit adjustments, reclassification. layoff, transfer or challenges to examinations or appointment are not subject to the grievance procedure. lrr~pr~~pet r~trnent t ttrt c ~tpk c'e and vio-tal-it--ItT ofcoliff}hiInik aci, t pteel pmci-ices &te-vvithifl the scl~rl?e k0,14rievaltIce Pr-e) ltid tress theTlie grievance procedure 41m4i4 ill not be used to establish new policies or change any existing rules. GRIEVANCE PROCEDURE: The process by which the validity of a grievance is determined. IMMEDIATE FAMILY: Employee's spouse, domestie pantie r. parents, children (stepchildren), sisters, brothers, grandparents, grandchildren, or mother-)Pa father-i_fi--tv,-, sisters svt- zr,,., or brothers-in-l.i hs, inarria-e or domestic partnership. LAYOFF: Termination of employment due to elimination of position duteb cause toof lack of work or lack of available funding, reorganization or an action deemed lax lite Roared to he in the public interest. LEAVE OF ABSENCE: Permission to be absent from work for a specified purpose, with the right to return before or upon the expiration of the leave period. MERIT SALARY INCREASE: The increase of an employee's salan, within the salary range established for the classification the employee occupies, resulting from satisfactory job performance, ~~-hi h is brtsed -o- ;.grit. not on IongeNlity. I ? Il'4('<) f)i CT Any--act Of tti~ ~tislhc fc>r~--~t~l~- I~~ft~r3~ant?~ l3iel~...~~3raw- st~jee t...t gist i~,lir~rlri•-~¢~ tir3rl. NON-EXEMPT EMPLOYEE: An employee who is covered by the overtime provisions of FLSA. OVERTIME: The time which ana neon-exempt employee is required or permitted to work beyond tbc~ ;t.lmlvi. ollom hours in a 7 da% "ork period, 1}re~cr.} 4t t>r 'c,ir t: rtcx r~ t zae ;f) Olaf clas~6,cation. PART-TIME POSITION: A position requiring the incumbent to work at ieL3st T ~ rlt~ liour« ivr tiv 'Nless than 40 hours per N~eeh. Employees working less than iv~o In thiriN hours per week are excluded from the Competitive Service, serve at the will of the General Manager, and may be terminated without cause or without hearing or right of appeal. Linplo-- CC% c1 orking 30 hours or more are in fhe contpetitiN C ser%iCC Alld re4eiNe hellefi)IS. PERSONNTJ.,'k[SK NLAN CE NIE T COMMITTEE: A Committee comprised of two members of the Board of Directors who are empowered to hear, discuss and review all personnel-related matters prior to submission to the Board of Directors. The Personnel Officer provides staf support to the Personnel Committee. 242(,X_ i N (A)341004 Yorba Linda Water District page 8 Personnel Rules PERFORMANCE IMPROVEMENT PLAN: When an employee's performance either does not justify a salary increase or is such that a decrease in salary is recommended, the employee and their supervisor shall design a Performance Improvement Plan. This plan sha ill describe the performance objectives for the employee for a 90 day reassessment period. This plan requires the concurrence of the Department Head and Personnel Officer prior to implementation. PERSONNEL OFFICER: Vile -<.ic~ner&a !'d. --er or tilt Ot'4{eeal i tfttlt~r'4 ~t1~~sif3€ecl ~'eI} =4-tti c~Ilt~naan Resources Manager or designee or (lie (eneral Manager. POSITION: A combination of duties assigned to be performed by one person. PROBATIONARY EMPLOYEE: An employee whose regular status is contingent upon successful completion of a prescribed period of observation to determine that employee's ability to perform the duties of the position. The on inaI probationary period is a o 121 month working test period <md the promotional probationan period is a 6 month mirlcio- test period. unless extended, during which an employee is required to demonstrate their ability to perform the duties of their position. PROMOTION: The movement of an employee from one class to another class with a higher rate of pay. RECLASSIFICATION: The reassignment of a position from one classification title or grade to a different classification title or grade in accordance with a reevaluation of the minimum qualifications, duties, and responsibilities of the position in question. REDUCTION IN FORCE: A layoff in the work force. REGULAR TI1IE EMPLOYEEIRE61 LAR l'. R I' "ITNIF FAIPLO~ "'E: An employee who has completed the Probationary Period in their position in tlae compeiiti%e sera ice and is occupying a position established on a continuing basis. as distinct from temporary employees who serve on a seasonal or intermittent basis. sil ii w - ~ tt, }t+kc no ti73C't1S ri .lit -.-;:w,'I l1ts 3#it):3: 1101' doie• It 11:311,, any -fttna o rea#tj t-o z~t~----e-~trepf a pr€4vidtd it}r iN-+4-lin tl e R-t-des-A regular part time einplo.yee i%orks Ibirtly boors or more and has computed probation. RULES: These Personnel Rules, as they may be amended from time to time. SALARY PLAN: An annual listing of the minimum through maximum salary grades of pay for all defined District classifications. as prepared by the General Manager and adopted by the Board of Directors. 2-4 Yorba Linda Water District page 9 Personnel Rules SENIORITY: Seniority is defined as the length of continuous service in the employee's present classification or in higher or equal classes regardless of the department to which assigned. When employees have equal seniority for retention in a class, the employee with the greatest amount of seniority- credit with the District shallro ill have the highest retention priority. Seniority credit with the District s wall °+eis defined as the length of continuous service from the last date of hire by the District. STAFFING PLAN: The classification titles, salary grades and number of allocated positions in the District for a given fiscal year. STEP: The various increments of a salary range, from minimum to maximum, authorized for the subject classification. SUSPENSION: An involuntary absence imposed by the General Manager for disciplinary purposes or pending investigation or charges. TEMPORARY EMPLOYEE: An employee in a position which is intended to be occupied on less than a year-round basis including, but not limited to the following: to cover seasonal peak workloads; emergency extra workloads of limited duration; vacation relief, paid sick leave or other situations involving a fluctuating staff. Ordinarily, such positions grill not be authorized for over six months. Temporary employees are excluded from the Competitive Service, serve at the will of the General Manager, and may be terminated without cause or without hearing or right of appeal. TERMINATION: The separation of an employee from District service because of retirement, resignation, permanent disability, dismissal or death. TRANSFER: Change of an employee from one class to another having the same maximum salary and similar duties and basic qualifications. WORKWEEK: A regularly reoccurring period of seven (7) consecutive twenty-four (24) hour days. Y-RATE OF PAY: The Y-rate of pay shall exist when an employee's salary is frozen at their current level until such time as the maximum salary for that employee's classification equals or exceeds the employee's salary, as frozen at the Y-rate. Yorba Linda Water District page 10 Personnel Rules RULE 3. CLASSIFICATION AND PAY PLAN 3.01 THE PLAN The plan rll covers all positions in the Competitive Service and stt!l consists of the following components: A. ALLOCATION LIST: An Allocation List reflecting the number and departmental location of positions allocated to the respective job classifications. B. CLASS SPECIFICATION MANUAL: A Class Specification Manual containing descriptions of all job classifications currently in the Competitive Service. The Class Description s intended to clearly set forth the basic work tasks, distinguishing characteristics, knowledge, skills, abilities, and minimum employment qualifications applicable to each classification. The description does not limit or modifN the power (it an, super-isor to assign, direct and control the work of emptoices under his' "her supervision. The use of a particular expression or illustration as to duties. does not limit the duties; to he perfornied. C. SALARY SCHEDULE: A Salary Schedule which assigns each classification to a specific salary range or salary rate. The Classification and Pay Plan may be modified as necessary to reflect Board-approved general or special salary adjustments, classification actions or other related items. 3.02 CLASSIFICATION CHANGES When a new position is proposed for creation in the Competitive Service or an existing one is reclassified or abolished, the manager proposing such action ?r.:irr~rrt submit the justification to the Personnel Officer who ill conduct whatever study may be required. The General 1 ~ , - .~l,~ra~gcr or Personnel Officer sil)ai! ~h&v fht~ t, r it, representatiNe rnas initiate, at any time, a study to determine the appropriateness of any position's classification allocation. The General w,-- vf!-Nlaanager 4LH4%%ill make the final determination on all actions arising under this provision, subject to approval by the Board of Directors when the determinationti results in an amendment to the Plan. The District will provide affected recognized Bargaining Units an information copy of the new class specification for any proposed classification relevant to that Bargaining Unit. 3.03 REQUESTS FOR CLASSIFICATION REVIEW A Department Head may, at and time, submit a request to the Personnel Officer for a review of an employee's position, setting forth the reasons for the request. The Personnel Officer may Yorba Linda Water District 11 Personnel Rules page make the review, take appropriate recommendations to the General Manager, and notify the Department head and employee. All such requests may be acted upon within sixty days of receipt. The decision of the General \J,,m,!er Manager i ail~~itl be final without right of grievance or further hearing, except in cases where Board of Directors' action is required, in which case Board action halkN ill be final. ~ 3.04 COMPENSATION FOR EMPLOYEES Employees ,!Iat. 4w ill receive compensation at the monthly or hourly rate for the range and step, or flat rate assigned to the class in which they are employed. The pay plan for the District sl}ztl beis as provided in the current Salary Resolution. Merit increases and reductions in pay within salary ranges ln<dl l e ill be determined by the General Manager in accordance with this rule. 3.05 PAY FOR NEW EMPLOYEES A new employee si}a tlrr ill be paid at the first step of the salary range in effect for the class in which the new employee is hired. However, the General Manager may authorize the appointment of employees at any of the steps of the salary range. Such appointments i*aIhN ill be made only when the General miter- Manager makes a determination that there is a direct and measurable benefit to the District from such appointments and makes a determination that the applicant's previous training and experience enables that candidate to make a greater contnutian than a less experienced employee. :t ue~i ernploti ee N ill be ex alu ated after thirteen (13) pw% period--,. 3.06 MERIT INCREASE ADJUSTMENTS A. ADVANCEMENT IN RANGE: Employees may be considered for a merit salary increases each czar alier passing the proh ationart period. These increases to steps within an established salary range ,4iafi%ill not be automatic but will be granted only for continued improvement by the employee in the effective performance of the duties of their position as determined through the District's performance evaluation process. Merit salary increases require the specific recommendation of the employee's immediate supervisor or department head. the concurrence of the Personnel Officer and the approval of the General B. PERFORMANCE EVALUATION: Viler}~- alar`~ ii reir fi-0111 t i t1ar:+ti4r_._3 ';cltii, ;hdI n ix'r?? ti. i ,+y.t (-4 i3,- tI-Iott-e poif*s t)jl IIle tt ttl&4 1w fi'tvt?t tl tlY~ lt~N.. 1: 3t1°3ove .rl 3e oeg3 ~:-ti t G3r~l lf:x e }art at t~4 , or tw,?re-)otffls i4tl ?lie-;amitial of npltkaec e~slt:ati ~t~. Employees are eligible for a merit inerease in accordance Ekith the follcaaring rAting can their performance a%aluation. 2426S-.3 N 0036 00-~ Yorba Linda Water District 12 Personnel Rules page l nsalisfactorv = Employees receiving; unsatisfacion; ratings in tvvo (2) or more performance categories will not be eligible for a merit increase and ma} be subject to disciplinan action tip to and including termination. .Needs Improvement = Employees receiving this rating in three (3) or more performance categories or one (1) unsatisfactory and tv%,o (2) needs improvement ratings xxill not be eligible for a merit increase and ntav be placed on a +tork improvement program. Meets Regtiirvinents = Employees receia ink at maioritx of ineets requirements ratings and with no unsatisfactor; or no niore than ovo (2) needs innproxeincnt ratings will be eligible for one (1) step merit increase if not already at top step within range. Exceeds Requirements = Employees receiving; a majority of exceeds requirements ratings and ttith no utnsatisfacion and no needs impro%em nt ratings will he eligible for a two (2) step merit increase if not already at top step within range. C'. P( "1 P( ~r ' =1' E31" FRI'l 1 R1 ~ 4:: _ .f. ,k~ c t3 Stet fair to atilt},e 74 (-r _mttfe Ix)itits, trt tl sir annURI valttatk)fl, the emp )yee wi- l -lam recitice l e ae step. .-If all employee s -mfr 5 tails tor-tt hieve 941or-filo rc pt ~t trt t#teir untittttl c;ti alttttti~rr~. the ett l l e twill-he-red, iced one step: 4tieh--a -step reductityn-:dials tv a ftfn :-!-h)i i o ( e ~;altttt-k~n tonI , ot:--and not Ks considered dish}liras tt)r ririti 1? tFl? r e. DC. ACCELERATION OF MERIT INCREASE: The General Manager may grant a merit increase prior to the completion of the eligibility requirements set forth above. LEAVE OF ABSENCE AND REVIEW DATE: The granting of an official leave of absence of more than thirty continuous calendar days, other than for military leave, -:1r k causes the employee's merit salary review date to be extended ti. by the number of calendar days they were on leave. ILI... EFFECTIVE DATF OF INCREASE: Authorized salary step increases >,`.,A' become effective at the beginning of the next full pay period after the employee's reviexv date. To take effect, a salary increase requires approval by the General Manaizer. (IF. LATE INCREASES: Should an employee's review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee Yorba Linda Water District 13 Personnel Rules page -lhalk, ill receive a supplemental payment in compensation for the additional salary they would have received had the increase been granted at the appropriate time. Final approval of all step salary increases provided for in this section shali rests with the General Manager. The decision of the General Manager will be final. The employee will not have the right to grieve or appeal any determination of a merit adjustment. It shall be the responsibility of the Personnel Officer and Department Head to ensure that the required performance evaluation is submitted in a timely and complete fashion. In no event -iii ;sil„iII an increase be granted before the requirements of this provision have been satisfied. 3.07 SALARY ON PROMOTION An employee who is promoted to a position in a class with a higher salary range than the class in which they formerly occupied, si all„ill receive the nearest higher monthly salary in the new range that constitutes at least a minimum five percent salary increase. The employee upon promotion shill„ ill be given a new merit review date for purposes of future salary step advancement. The new date sl i4k-k ill be based upon the effective date of promotion. 3.08 SALARY ON TRANSFER An employee who is transferred from one position to another in a class having the same salary range sir ill„ ill be compensated at the same step in the salary range. The employee's merit review date -4,i:l!„ ill not change. 3.09 SALARY ON DEMOTION A. INVOLUNTARY DEMOTION: An employee who is involuntarily demoted may have their monthly salary reduced by up to two steps, or f lie,,, si try it receive the maximum rate in the salary range for the class to which they have been demoted, whichever is lower. The employee 41-11„ ill be assigned a new merit review date based upon the effective date of the demotion. An involuntary demotion is considered disciplinary action, and subject to the provisions of Rule 10. B. VOLUNTARY DEMOTION: An employee who is demoted at their request ill receive the highest salary in the new range that does not exceed the employee's rate of pay immediately prior to reduction. The employee -,,J0%% ill retain the merit review date they had in the higher position. 3.10 SALARY ON POSITION RECLASSIFICATION When a regular or probationary employee's position is reclassified and the employee is appointed to the new position, their salary shall be determined as follows: !12(x-3 %00J04104 Yorba Linda Water District 14 Personnel Rules page A. HIGHER CLASSIFICATION: If the position is reclassified to a class with a higher salary range than the previous class, the employee's salary and merit salary review date ill be set in the same manner as if they had been promoted. B. EQUIVALENT CLASSIFICATION: If the salary of the employee is the same or less than the maximum of the salary range of the new class, the salary and merit salary review date of the employee : ?i).i' M ill not change. C. LOWER CLASSIFICATION: If the salary of the employee is greater than the maximum of the range of the new class. the salary of the employee !"kt ill be designated as a Y-Rate. and ,!I?a 1 i not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 3.11 SALARY UPON REEMPLOYMENT AFTER LAY-OFF An employee reemployed in the same class or a comparable class li;:tit►~ ill receive the same salary step in the range of the class they held upon layoff. 3.12 EMPLOYEE BENEFITS AN PF:RQ1-T' ',-,S A. RETIREMENT SYSTEM: The District is a member of the ( :alitar•ni. Public Employee Retirement System (CAPERS). Eligible employees are required to participate in accordance with the rules of PERS. At its option, the District may change its retirement system provider upon adoption by the Board of Directors. Prior to any changes in retirement benefits, those eligible for retirement must be notified at least 90 days in advance. ( APERS retirement benefits are available to r t,:o4ir employees working at least 1,000 hours in a fiscal year. All members of the Board of Directors shall be covered either by t xIPERS, a Deferred Compensation Plan, and/or the Federal Social Security retirement system. All part-time, temporary and seasonal employees, as well as any other employees not eligible for membership in PERS shall be placed in the Federal Social Security retirement system. B. HEALTH INSURANCE: The District pays :t k~t the currcn4 premium antotint as determined by the District for hospitalization and medical insurance for employees and 2/3 of the Prvmitim l'a,r eligible dependents in accordance with the provisions of any contract between the District and any company or companies chosen by the Board of Directors which provide(s) such service., t-k . ; t ~l Et s ~ ~3r; it', Pretrtttim All eligible employees are required to participate. The designation or change of carrier „=Jil -,eis at the District's option after receiving the input of employees. 1~ zas's 1 r N~ tu-~rf~.~ Yorba Linda Water District 15 Personnel Rules page C. LIFE INSURANCE: The District sliall provider group life insurance, in the amount of one times basic annual salary, rounded to the next highest multiple of $1,000 for each -egidar employee under age 70. This shall 1-,,}is provided after two full calendar months of service to the District, and sha4if 4vis provided by a carrier of the District's choosing. Any employee may increase the coverage to up to two time's annual salary by authorizing the additional premium to be deducted from salary. The designation or change of carrier sh~li its at the District's option. D. DENTAL INSURANCE: Dental insurance is provided by the District for all eligible employees and their eligible dependents. This provided after two full calendar months of service to the District, and sirail--iv is provided by a carrier of the District's choosing. The District pays the full dental insurance premium for eligible employees and 2/3 of the premium for eligible dependents. All eligible employees are required to participate. The designation or change of carrier hall lvis at the District's option. E. VISION INSURANCE: Vision insurance is provided by the District for all eligible employees and their eligible dependents. This si)ai i is provided after two full calendar months of service to the District, and sR~=+!1 £-~eis provided by a carrier of the District's choosing. The District pays the full vision insurance premium for eligible employees, and 2/3 of the premium for eligible dependents. All eligible employees are required to participate. The designation or change of carrier neis at the District's option. F. CAFETERIA (125) PLAN: The District ;Aall-provides a Cafeteria Plan. to all or selected groups of employees, as defined in Section 125 of the Internal Revenue Code, as amended from time to time. The purpose of this plan is to provide eligible employees a choice between cash and certain non-taxable benefits G. TRAVEL EXPENSE ALLOWANCE: Travel expense allowances for employees and Directors, while on District business, Shall ? is provided in accordance with policies adopted by the Board of Directors. H. IV1E ALS DURING EMERGENCY SERVICE: If an employee is required to remain at work for a minimum of two hours following the close of their regular workday for the purpose of performing emergency overtime work, the District slyily~ ill provide that employee with an adequate meal. If an employee is called out to perform emergency overtime work during the morning hours of a regularly scheduled working day, the District t hall ill provide that employee with an adequate areal if such overtime work continues past the hour of 7 a.m. If an employee is called out to perform emergency overtone work, the District slrrsikv~ ill provide an adequate meal at four-hour intervals during the performance of such overtime work. Meal time shill :pis considered working time and l~ tHN~ ill be compensated for at the appropriate overtime rate. The District ih llhi ill not provide meals before, during or after any overtime work which is scheduled ir advance. If the District is tunable to pro%id the enipio\ee %%ith a meal the emplo\ ec i~ mithoriced to spend tip to S10.00 to obtain a meal andior the mndition set forth herein. '_-d'_te~i', i t ti)34i-ftlt.i Yorba Linda Water District 16 Personnel Rules page I. INSURANCE FOR RETIREES: The District ill pay the current premiunr amounts in S-ee+ ,n t.1r -13-rt~'s~1 ~.l! for any employee and 2/3 of the pr€rnium aniount for eligible dependants who retires from the District for health, dental and life insurance. This benefit is accrued at the rate of one year for each three years service to the District. These accruals shall be prorated on a quarterly basis. To be eligible for this benefit the employee must be at least 50 years of age, have five years of service with the District, must retire from the District while in good standing and upon 90 days written notice, and must remain in retired status Members of the Board of Directors are also eligible for this benefit. To qualify, a member of the Board of Directors must have 12 years of service, but there is no minimum age qualifier for Board members. If any benefit period remains when the employee or their spouse reaches age 65, whichever is latest, then coverage will convert to Medicare Supplement for the remainder of the benefit period .it (hy' enrplo%cae's request. For purposes of this section retired status means that the employee shall not work for compensation for more than se,,,en 1}ttilid red t\\ 1, : 1, " ~ " ) Iit,tfrstIi(' matinium number of hours permitted under CAPERS in any fiscal year. The District may require an employee to certify under penalty of perjury that the employee has remained on retired status and/or submit to such additional verification as the District deems necessary to demonstrate retired status. The retired employee must make any contribution of premiums but no more than the contribution required of a regular employee, prior to the first day of the month in which coverage is to be extended. Failure of an employee to make such payment sl Fz1= result: in termination of coverage and termination of any right to any benefit pursuant to this section. .l. INS RAiN E BENEFITS FOR EN111LONELS NI) lzV- IRFE:S ~ ORKINU LESS '1 IJAN 30 I10t`RS PER tit EEK: Employees "ho work less than 30 hour-s' per e4eel are not eratitfecl to and insurance benefits. EniplrNces who rehire or othetivise separate from the District v%ho at the time of retirement or separation are 7orking Ie4s than 30 hours are not untitled to anN insurance: benclits. 2426.4--1 N 00-10-0b,$ Yorba Linda Water District page 17 Personnel Rules RULE 4. WORKWEEK. OVERTIME AND PREMIUM PAY 4.01 WORKWEEK Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments 7;hallis ill keep biweekly time records of employees which 07 ilhiiust be reported in the form and on the dates specified by the Personnel Officer. Employees are expected to be at work and on-time, whenever possible, in order that the District may meet its work goals and objectives. Employees who are frequently late and/or absent will be subject to discipline as outlined in Rule 10. The normal workweek shall be forty hours consisting of A. EIGHT HOUR SHIFT: Five consecutive work days of eight hours within a period of seven consecutive days, as designated by the District. B. ALTERNATIVE WORK SCHEDULES: Work schedules of more than eight hours within one day but not more than forty hours within a period of seven consecutive days may be scheduled by management to meet the work needs of the District. Where it meets the needs of both the District and the employee, an alternative work schedule comprised of nine working days within a period often workdays maybe scheduled, t°.iiiplti~ ees iirkiii ait'30 schedule rvitl have either evea-~other 1l~~rocla}, ~~~ectnescla~ iar Friday off. For enitilcirees Faorking a 9/84) work schedule, cacti cmplo%ee`s designated FLSA is,ork week (168 hours in length) shall be;in exaicttr four houm after (lie start of his/her eight hour shift on the dati of the heek that corresponds vNith the employee's alternating regular dada off. C. SHIFT DIFFERENTIALS: Department heads may schedule maintenance and plant operations shifts which include evening, weekend and holiday work. Employees whose regularly scheduled shift includes working hours after 6:00 p.m. and/or before 6:00 a.m. Monday through Friday, and/or any hours on Saturday, Sunday and/or holidays, shall be paid a differential equal to their regular hourly rate plus five percent for each hour worked after 6:00 p.m. and before 6:00 a.m. and/or on Saturday, Sunday and/or holidays. D. TIME, RECORDS: All District employees must complete time sheets showing hours worked and leave taken. They must be signed by the individual employee, the employee's supervisor and Department Head and the General Manager or designated representative. Notice of an-,- corrections to the time-records will be sent to the employee and Department head. Such corrections will be deemed final unless questioned by the employee and within thirty days after notice of correction has been given to the employee. Unresolved matters may be taken to the General Manager for a final determination. Yorba Linda Water District pane 18 Personnel Rules 4.02 OVERTIME A. NOTIFICATION TO EMPLOYEES: An employee who may be asked to perform overtime 44h, sm ill be notified of the apparent need for such overtime as soon as practicable prior to the commencement of overtime. B. DISTRIBUTION OF OVERTIME: Overtime opportunities shall be made available first on an equal basis to regular full-time employees capable of perfonning the work. To receive overtime compensation, all overtime must be authorized in advance by a Department Head, their designee, or the General Manager. 4.03 PAYMENT FOR OVERTIME employees in excess of forty hours in a seven day work pe time and one half the employee's regular rate of pay, either rate of pay or as compensatory time accrued at the rate of o authorization of overtime, the employee and supervisor s ,i;sal N ill be compensated (i.e., paid time or compensator aecr-zre 4t) lr~►trrg ot'ee~rarl~ tirzr~~. :tra~.tlrirr~ irr e~ress al'-itl time is vested time and must be utilized or paid in conjunctic 441 iE t= s~ r t it~~r; i.; is defe Exempt and nonexempt status is determined by the F'LSA. ,V1'orl4 performed by nonexempt rd le compensated at the rate of paid time at the one and one half and one half rate of pay. Prior to 11 agree as to how the employee time). The eolploN ee c.{rr o111. Otlr %\ill be paid. Compensatory with termination of employment. Officer in compliance witlr Vacation, holiday and compensatory time will not be included as time worked for purposes of calculating FLSA overtime. Sick leave will be treated as time worked for purposes of calculating paid overtime or compensatory time off. Overtime p <rtz beis credited in fifteen minute increments with no credit given for time worked which is less than a fifteen minute period. Time worked as overtime shall not be used to earn supplemental benefits or to serve out probation or merit salary increase periods. 4.04 REST PERIODS Each employee ~,i-H11\\ ill be granted one fifteen minute rest period for each four hours worked. Tlie rest period r% ill be determined by the supervisor. 12e>t periods cannot tic combined to extend the lunch period. 4.05 STANDBY AND CALL OUT COMPENSATION ?S*6X'.3 \titx3u-~itr.a Yorba Linda Water District 19 Personnel Rules page An employee assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than normal working hours llailwill be paid a flat fee at the current, rate. as determined by the Board of Directors, for each day that employee is assigned to standby duty. The pay for standby time nw\ be at-c -tied to tjte sec< ttt=i l~ttot#~~ itt Decevlivr alld paid i11 .i lump ~ttit=, k>r it illy- l:e paid 'tt the n~° ,ularN% ill be paid in the pay period in which the standby duty is completed. Call-out compensation shall be as follows: WIK-n an elf {<~ee ~ filler t}ttt f~tti~c t.tte l~~ttrs cal' E{1 f~43 p tti. and 644) -a:rti ttt t#ft~c~s atltet thtttr{~ tatrtplci ee ttc~t~ttttll stx4lec#ttk't# \vOrking ltc uf,--c-the empletvee slat-11 bk-fekl titter-ttnd cam half httserttte f o f e . t e : f l 4 lw. wo fked,--ff-ovitled ht+vvever; the-entph) e;hall be pttid a tftittti}}ttttj 4-t w-o lk}ttrs: When trrt et~~~ee i«...e-"44t i4to betel? the lxtttrs-M-F,;{X►..tt.m: -and ff):438-pmv. at t+t3~; ~~t#~c~t thaff4lx ctZtp#t s ttt>rttjt3lly sel #tt#eti vveAdtig, btittt-tt. -theettayee-shall be paid time tttx#--e}-tw lollf base-t-ate ror each -hoar er# et#. idc'il ho3 A-ever. the Nrtpk+Yee shall-be-paid. El-tjziffiim.ttn o'f otie hour. All ettxt`~et yfall salt titt3e-which e.m~e d,,i-one: lttittr shall ire ealttt-laivd to--the t~ttrest t~jte fntki hour of-tinte \vt>rk-,ed. Definition of Call Out Duty: Call Out refers to the time an employee is called upon to perform work (either by physicalK reporting to a work site or performing work bF computer) after halving left the District's facilities at the end of their regtilar workday. (.'ontnensation for Call Out: Emplo'ees are entitled to call out paN as set forth in this Section if then worked the full day preceding the call out or were on S or nine hours of paid leave or combination thereof or were other%iise not scheduled that dad. '].'his time shall be paid at: t. 11/~. times the regular hourlt rate for the actual time worked, with a minimum of two hours paN, if the call is received after 6:04 a.m. and before 10:40 p.m., and the call is handled by laptop or telephone. 2. V/, times the regular hourh rate for the actual tittle worked, with a tuinintuttt of t%%o hours pay, if the call is received after 10:00 p.m. and before 6:00 a.m., and the call is handled bN laptop or telephone. 3. P/2 tithes the regular hourh rate for the actual tittle worked, with a minimum of two hours pay. if the call is handled bN` r isiting the site, regardless of the time the call i ricei\ ed. x . u u 242681.3 %011311-no4 Yorba Linda Water District 20 Personnel Rules page 4. If snore than one call out is received during the minimum call out period and the additional calks) can be completed within the minimum call out period, all employee Nyiil only be compensated for one minimum call out period. The District retains the right to require the employee to remain at work and perform other duties if the work they are called back to perform is completed in less than the guaranteed tvvo hours. Once contacted, refusal to perform call out sem ices, unless the emploNcc is physically, geographicall> or legally incapable, is cause for disciplinary action up to and including termination. Being under the influence of a mind altering substance (alcohol and/or drugs) is not a valid excuse for failure to perform call out duty. Finployees shall -ear a uniform when responding to call outs for ease of identification From outside lite %ehicle. 24268-.3 S 00 0-:ilia Yorba Linda Water District page 21 Personnel Rules RULE 5. EMPLOYMENT PROCEDURES 5.01 RECRUITMENT ANNOUNCEMENTS AND APPLICATIONS In adopting these rules, it is the goal of the District to employ the most qualified individuals and to achieve excellence in serving the needs of the District and its customers. Employment and promotion in the District ylrair iris based upon merit and qualifications and sly 01%N it] be free from political influence and discrimination based upon religion, age, sex, semial orientation, sexual idenlil% marital status, race, color, national origin, ancestry, political affiliation, medical condition, rtou or o;- anrotter classification protect(A by hol: a: del neti , provided however, that the District may make employment decisions on the basis of bona fide occupational qualifications when permitted by law. Although not expressed in the classification specifications or job announcements, all persons applying for or holding any position in the District shall be required to possess the following general qualifications to the extent necessary to perform their job: Integrity, thoroughness, accuracy, good judgment, initiative, resourcefulness, courtesy, willingness and ability to work cooperatively with others, willingness and ability to assume and fulfill the responsibilities of employment, anti physical and mental abilities compatible with the work assignment, subject to reasonable accommodation. A. RECRUITMENT ANNOUNCEMENTS: Job announcements providing information about the position. its title and pay, its maJores.sential responsibilities and duties, minimum and other qualifications, when and where to apply, and the last day on which applications will be accepted slmllrrill be prepared and distributed by the P r r NtioOfftcerlluman Resources Department. All positions to be filled will be publicized by posting announcements on the District's official bulletin boards. Other recruitment methods may include notifying other public agencies, advertisements in general or specialized media, solicitation and recruitment through professional organizations, or other methods deemed appropriate by the Personnel Officer. B. APPLICATION FORMS: All applications for employment must be made on official forms furnished by the Per;,imei }t3iterHumaz~ Resources Department. To be accepted, applications must be submitted by the official closing date of the filing period, be complete and bear an original signature of the applicant. C. APPLICATION CLOSING DATE: The p-5on-,.:l (Wlloerllmnan Resourc" 1)epartmew may establish, prior to the commencement of recruitment. the closing date for applications to be accepted for the open position. The closing date •1~ ,)irr ill be clearly stated in the job announcement. However, all openings for regular positions in the District iJrtiirr ill be posted for at least ~nolwo weeks prior to the deadline for submission of applications. In order to be considered, an application must be received El. 0t+ te); ~i~t lii)ai thi. tO' tire Yorba Linda Water District 11) Personnel Rules page recrliilffle i pert,)Llas Mateo in the Job anriouneement. A late application ~~trsltti ill be accepted from a qualified District employee only under the following circumstances: The employee must provide documentation establishing that they were absent from work on an authorized leave continuously from the date the position was first posted to the date the application period closed. The Y,-r-;o).t:L?Personnel Officer may extend or reopen the application period as recruitment needs require. 5.02 EMPLOYMENT EXAMINATIONS A. TYPES OF EXAMINATIONS: Prior to distribution of any examination announcement the Personnel Officer and Department Head ttli~` ill determine whether the examination is to be administered on an open-competitive basis and/or on a promotional basis. Where an open-competitive examination is to be utilized, applications may be accepted from any qualified individual. Promotional examinations ,4 t ' -14ea re open only to those regular or probationary employees who meet the minimum qualifications for the position. At the discretion of the Personnel Officer, an examination may be administered on both an open-competitive and promotional basis. B. SELECTION TECHNIQUES: Selection techniques ;lrtfite ill be impartial and relate to those areas which will adequately and fairly indicate the relative capacity of the applicants to perform the duties and responsibilities of the position to which they seek appointment. The selection procedure may consist of personal interviews, performance tests, evaluation of work performed, work samples, assessment centers, physical agility tests. other written tests, review and investigation of personal background, and such other examinations which in the judgment of the Personnel Officer, may be necessary to evaluate the candidate's capacity to perform successfully on the job. ii t i r!1 .)clll c:= '1 'ti{ tt'. +iLt',~ i* ttl A, ~ t A33,''at Jo1) related medical examinations may be conducted after applicants receive an offer of employment and before they commence their duties. Offers of employment may be conditioned on the results of such medical examinations. All prospective employees may be subjected to such examinations. Information obtained regarding an applicant's medical condition or history will be collected and maintained on separate forms and in separate medical files. These files will be treated as confidential medical records: and the results of the examinations used only in accordance with the km,.,.: ; , _ 24Z6-S-3 10031, 114). Yorba Linda Water District 23 Personnel Rules page If a medical examination demonstrates that an applicant is not qualified for the position applied for even when reasonable accommodations are considered, the District may withdraw the conditional offer of employment. If a conditional offer of employment is withdrawn, the District will provide the applicant the opportunity to know why the offer was withdrawn. C. CONDUCT OF EXAMINATIONS: It :Bail fheis the responsibility of the Personnel Officer to assure that the examinations process is conducted in an objective, timely and efficient manner. The Personnel Officer may contract with any competent individual, organization or agency for preparation and/or administration of a given examination or portion thereof. D. EXAMINATION RECORDS: Candidates may be allowed to review their own examination results at the discretion of the Personnel Officer. All examination records are confidential and no copying of questions or answers from any paper made available for inspection ti!t,s l iivis permitted. Any candidate violating this provision is subject to disqualification from the examination. and is subject to disciplinary action. 5.03 ELIGIBILITY LISTS Candidates successfully completing all components of the examination shall be placed on an eligibility list. Lists shall remain in effect for six months unless exhausted or abolished within that period. The Personnel Officer may extend any list for up to an additional 12 months. The Personnel Officer may abolish any eligibility list having fewer than three available candidates or for ant ether reason deemed necessar%. 5.04 CERTIFICATION OF ELIGIBLES AND APPOINTMENTS A. CERTIFICATION OF ELIGIBLES: When a request by a Department head to fill a vacant position has been approved by the Personnel Officer, the Personnel Officer sltath% ill forward to the Department head and General Manager an eligibility list of persons eligible for appointment. The appointment -lh-t v%ill be made exclusively by the General Manager who has sole authority to appoint employees within the provisions of these Rules, following consultation with the Department Head. B. hLC~t 1.,~P, APPOINTMENTS: R~~-,i+j may be made from any candidate on the eligibility list. C. TEMPORARY APPOINTMENTS: The General Manager may authorize temporary appointments to meet short-term employment needs such as periods of peak workload, illness or pendin= the establishment of a new eligible list. Such appointments may be made from an appropriate emploN rent list or from among other qualified persons where there is no active list or where there are insufficient eligible candidates directly available for appointment. 2426.8".3100-01 M-l Yorba Linda Water District 24 Personnel Rules page Unless extended by the General Manager, temporary appointments shailniav not extend beyond one year. D. ACTING APPOINTMENTS: Upon recommendation of the Department head and Personnel Officer, the General Manager may approve acting appointments of regular District employees to higher level positions pending regular appointment in accordance with these rules. Acting appointments shall be reviewed on six month intervals, up to twelve months. Time served on an interim appointment may be extended and may be credited to a probationary period when applicable, upon recommendation by the Department head and the General Manager. After 30 days in an acting capacity in a class with a higher salary, an employee shall be paid a salary which is equal to the first step of the salary assigned to the acting position. or a five percent salary increase. whichever is greater. While working in an acting capacity, employees ska)iv► ill continue to accrue salary step increases consistent with District merit salary increase procedures in their regular position, which will become effective upon return to their regular position. An employee appointed to a position in an "acting" capacity may be removed from that position at any time and reassigned to their former class without cause, and at the discretion of the Department Head, with the concurrence of the Personnel Officer and the General Manager. Such action :iiafis not ire considered discipline for any purpose. 24168'_3 N 0541.004 Yorba Linda Water District page 25 Personnel Rules RULE 6. GENERAL PERSONNEL PROVISIONS 6.01 PROBATION A. :NFW,(.)RJ(;lN. 1. PROBATION: A new or reemployed employee Cm1-14o-,t 1 in In re'gtriar jh)*ition ,ha llhe competitive werN ice %%ill be placed on probation for twelve months from the date of appointment. A new or reemployed employee in a part-time position in the competrtil4• tc!-Nice <ltt;ff~rill paced on nto probation for ft-, tltoust d #t>si~ bott-s2080 hours exclusive of overtime. B. PROMOTIONAL PROBATION: A full or part-time employee who is promoted slitdlw ill be placed on promotional probation. A full time employee shall serve a probation period of six months. A part-time employee shall serve a promotional period of one thousand forty hours exclusive of overtime. C. FAILURE OF PROBATION: 1. \.e\k-064.4inal Probation: An employee on new probation may be released at the sole discretion of the Department at any time without right of appeal or hearing. 2. Promotional Probation: Any employee rejected during the r;r:~i sixo <.l~ra s Ad di,- probationary period following a promotional appointment, sltttll++ill be reinstated to the same classification from which they were promoted if a position in such classification is available. The Department head l :.ll+i ill make reasonable efforts to hold such positions available if it appears that the employee may not successfully complete the irst ihin." daYs of the probationary period. If the employee shall have been discharged for cause, susperAe ,A4tlit)tit lm~_ or resigned, no reinstatement ,itAl+r ill be made. D. GENERAL PROVISIONS: 1. Service Credit: When an employee's record consists of a combination of full- time and part-time service in regular positions, part-time service shall be applied proportionally by using total hours worked to appropriate full-time requirements. For purposes of this section, one thousand forty hours dial' equals six months. 2. Extension of Probation: Should the Department Head, Personnel Officer and General Manager determine that a longer period of probation should be required, the appointee will be informed in writing of the amount of extension and the reasons for the extension. Extensions ill not exceed six months. Only one extension sht dl++ ill be granted. 144q,7 _ " 242641.3 I 00 W-411 .y Yorba Linda Water District 26 Personnel Rules page 3. Leave of Absence: The granting of a leave of absence ~ mats ill cause the employee's probation period to be extended by the length of the leave in excess of fifteen calendar days. An employee who is suspended •ihalhW ill have their probation extended by the length of suspension. 6.02 PERFORMANCE EVALUATIONS The District s -111M ill maintain a system of employee performance evaluations designed to give a fair appraisal of the quality and quantity of work performed by an employee. Such evaluations ,Jialhi ill be prepared and recorded in the employee's personnel file for all re-: ulrti 11th time and part time employees in the compctiti~c ser%ice at least once each year. For employees on probationary status. performance sliallvN ill be reviewed at least once near the middle and once again prior to the close of the probationary period. All performance appraisals must be completed in writing by the employee's supervisor, reviewed by the Department Head. the Personnel Officer and General Manager. The employee's immediate supervisor s11 t<,iil►+il1 discuss with the employee the specific performance ratings prior to such ratings being made part of the employee's personnel file. When a performance evaluation is recorded in the personnel file of an employee. a copy of the evaluation tihalks ill be given to the employee. Performance appraisals and changes in salary stemming from these appraisals ,4.~ll%% ill be conducted as described in Section 3.06 of these Rules. 6.03 CONTENTS OF PERSONNEL FILE The l-Offivier 4aiHuman Resources Dcpartment ~~ill maintain a personnel file for each employee. The personnel file shalk« ill contain information regarding employment status, disciplinary actions, and such other information as legally required and as may be considered pertinent as determined by the Personnel Officer. These files ~.1~<.lirti ill be locked, with access limited to designated employees. Adverse statements ~l ai'M ill not be included in an employee's personnel file unless a copy is provided to the employee. Letters of reference and reports concerning criminal investigations concerning the employee may be included in an employee's personnel file but n i:3 r n o i he ,ic~~Cd by the elnplo. tVe. An employee ~,l k,11%N ill have the right to inspect ih ii hisf licr personnel file at reasonable inters,,als. An employee who wants to review theff personnel file ~h; tPintist request an appointment with the Resc,urc•rs 1)upartint-w at least twenty-four hours in advance. Yorba Linda Water District 27 Personnel Rules page Any employee sh9 ill--av-ehas the right to respond in writing r,r persoo it it wt,N-ie~~ to any information contained in their official personnel file, such reply to become a permanent part of the employee's personnel file. The reph must be receiN €:d %i ithin ten r~orking daN s of receipt It% the etmploNce of the information to be placed in the personnel lilt. Anycontents of an employee's personnel file may be destroyed pursuant to an agreement between the Personnel Officer and the employee concerned or by order of an arbitrator, court or impartial hearing officer unless the particular item is otherwise required by law to be kept. The District halk%ill maintain a file for each District Employee showing the name, title of position, the department assigned, salary, and changes in employment status, W-4 forms, payroll deductions and other information as may be considered pertinent. 6.04 TRAINING AND EMPLOYEE DEVELOPMENT A. ELIGIBILITY AND DOCUMENTATION: Any regular employee is eligible to request reimbursement for educational or training expenses as defined and provided for within this or other controlling rules and procedures, and as agreed upon in Memoranda of Understanding. All employees must satisfy the necessary prerequisites for enrollment in a course to be eligible for reimbursement from the District. B. REIMBURSEMENT: Applications for educational reimbursement must be obtained from and submitted to the Pets >nfv] E 14ioerllutnan Resources Department. Each application must be approved by the appropriate Department head and the (W-ne+:Tl ~ l ~ c~t_~r H tt ~u a n Resources Manager prior to enrollment in the course. Eligible employees may be reimbursed for costs of tuition, books, fees, and parking relating to educational courses taken and completed at accredited institutions at a rate not to exceed standard resident fees as charged by the California State University. C. LIMITATIONS: Proof of payment and successfid completion of the course must accompany the reimbursement request on a form provided by the District. To qualify for reimbursement, the General Manager ,h:dl1n1usI have previously approved the subject matter of the courses and deemed them as job related. Failure to attain a passing grade or satisfactory completion will result in denial of the employee's request for reimbursement for any educational claim for reimbursement. 6.05 TIME OFF FOR SELECTION PROCEDL"RE An employee r~eis entitled to necessary- time off with pay to participate in tests of fitness, examinations and interviews required by the Personnel Officer during working hours for the purpose of determining eligibility for movement to another class or transfer from one department to another. 6.06 RESIGNATION 2.4 Yorba Linda Water District 28 Personnel Rules page An employee wishing to leave the competitive service in good standing }}t4lmust file with the Personnel Officer a written resignation stating the effective date and reasons for leaving at least two weeks before leaving the service, unless such time is waived by the Personnel Officer. . ti resignation once receir ed is deented accepted and maN imi be rescinded. A statement as to the resigned employee's service performance and other pertinent information ihall•k ill be forwarded to the Pt~r,,onnel 00'icerllmnaii Resources Department. Failure to give notice as required by this rule 4.ta0i leis cause for denying future employment with the District. 6.07 NEPOTISM No member of the immediate family of an employee as defined in Rule ? o" the l itsirict maybe hired when the employee would have control of the employment status or employment conditions of the immediate family member. the -inimeBate i<tntil.N Shall N.- dethn,-d af~t !v,ia k-es ~ W Otfttrr "Idtilt, ft. itlir itt tine an-le- l c'uselk.-ld or Aimed tis--depeihieni ptfrposes:-ttt3ti. in ztdJitiori si?ttd itxlt+tle+ FFttcli~~ t}t residence ter tw\-Mattis-fly fbfk-~wittµ: sow. dtit-tghlef. *Jf1-in--I8w ~ttttglxzF-in-iota: istt~-ir3-}ttt~ l~rt~ilter-ita-lr~~: efandtth'tiier. gf-Wh##hjler, nat3tlttYt: t:Htl3et:: tfiaf>ther-itt-#ftty. #&t} r in-lati}, l~rfrtlje sister. el)-ehikk-afk"ed--ehild. ,th paf.,ttt-: step t-iziitifen; -step bfother. st-el}-sister. .lut f hrot-iff--half -3istef_ ttttele-taunt.-flie e. -if nephek", The District reserves the right to refuse to place one family member in the same department where such has the potential for creating adverse impact on supervision, safety, security or morale. If co-employees become members of the same family or reside in the same household, the District shall make reasonable effort to reassign one or the other, without discrimination, so as to make it possible for both to continue to be employed by the District. In the event the District is not able to make a job assignment consistent with this rule, then the least senior of the two employees : l:ttii%i ill be terminated. 6.08 CONFLICTS OF INTEREST District employees should serve the needs of all customers equally without regard to their personal gain. It is the policy of the District that all employees avoid situations which night be interpreted as involving or creating a conflict of interest between the employee's duties and responsibilities as a District employee and the employee's personal and private interest. Employees should not take part in 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 should disclose the nature of the relationship to their supervisor and request to be relieved of any responsibility or involvement in such matter. 24 26x-.3 N 0034 0111 Yorba Linda Water District 29 Personnel Rules page The acceptance of gifts, favors, or any other form or compensation or gratuity may be viewed as influencing or compromising or attempting to influence or compromise the judgment of an employee. To prevent such a conflict, employees shall discourage any offer of a gift or favor or any form of compensation or gratuity. Gifts that can and will be shared with office stafT such as boxes of candy, flowers and food, may be viewed as exceptions. Employees who receive or are offered an unauthorized gift. favor or gratuity should consult their Department Head to determine an appropriate response to the donor. 6.09 DRUG AND ALCOHOL FREE WORKPLACE Because drug and alcohol use can detrimentally affect job performance and employee safety, the District is committed to achieving and maintaining a drug and alcohol free workplace. While the District has no intention of intruding into the private lives of its employees, it will be firm in identifying and disciplining those employees whose impaired mental or physical condition, as a result of drug or alcohol use. may endanger the health or safety of fellow employees and the public at large, or interfere with the operations of the District. A. PROHIBITIONS: While on paid duty time, or standby time. the employee shall not drink alcoholic beverages or use illegal drugs or controlled substances. The employee shall not work or be at work while under the influence of any of the above mentioned, or in the case of controlled substances, without authorization from a medical doctor and one's supervisor. The unlawful manufacture, distribution, dispensing. possession or use of any illegal drug or controlled substance is prohibited on the job. in the District's workplace, or while subject to duty (e.g., stand-by). B. CONTROLLED SUBSTANCES: For purposes of this section, a "controlled substance" is defined as any substance which could potentially impair the employee's ability to effectively and safely perform the functions of their duty. Certain prescription drugs shall also be classified as controlled substances. However, the use of prescription drugs which would not alter an employee's work performance subject to reasonable accommodation is acceptable, if prescribed by a qualified physician. Employees must notify their supervisor before beginning work when taking prescription or non-prescription drugs which may interfere with the safe and effective performance of their duties. In the event there is a question regarding an employee's ability to perform assigned duties safely and effectively while using such drugs, clearance from a qualified physician may be required before the employee is allowed to resume their regular duties. C. PRE-EMPLOYMENT TESTING: In order to reach the goal of a drug and alcohol free workplace, the District may conduct pre-employment drug or alcohol testing of applicants for District positions. Testing will be done by accepted medical procedures so as to safeguard applicant privacy. Pre-employment drug or alcohol tests shall apply only to non-District employees; District employees who apply for another District job shall not be subject to pre- '9 16 tf'.3 S("13(r-01I Yorba Linda Water District 30 Personnel Rules page employment drug or alcohol tests. Any applicant who tests positive for illegal drugs shall not be hired by the District. D. REASONABLE CAUSE: The District also reserves the right to require that an existing employee undergo testing if the District determines that reasonable cause exists to believe that the employee is under the influence of alcohol, any illegal drug or controlled substance which is impairing the employee's ability to function. Employees who refuse to submit to a drug or alcohol test immediately when reg;of~itddir•rc•ted by an authorized District employee or who are convicted of a criminal drug statute violation shall be subject to disciplinary procedures. E. RIGHT TO INSPECT: All District cabinets, vehicles, and other storage areas are the property of the District and are subject to search without the employee's consent by District management at any time with or without notice. Lockers and desks assigned by the District to the employee are also District property and are subject to search when reasonable cause exists. Refusal to cooperate with a search may result in a disciplinary action. Unless the supervisor is directed otherwise by the General Manager or Personnel Officer, employees will be given the opportunity to be present when the search is conducted. F. ASSISTANCE FOR EMPLOYEES: In appropriate cases, such as a first offense, the District should make every effort to place an employee with an available employee assistance program or service for purposes of rehabilitation. If, in such cases, the employee refuses to attend an employee assistance program or service, they will be subject to the disciplinary procedures of the District. G. DEPARTMENT OF TRANSPORTATION REGULATIONS: l-44ectite .laiztwf v- . i k)( ?6 the ) orba Linda Vk-aier Di~ti'T i m us, tcoi" H.~ \01h the -11 ted sicit?S Dt-pfwmlent at li~ftrT~+~rtaix~T•T-+~euttlatic~rz-ii~~pae~3~eiitii3g tlT~-i~c~ileral E)i~titihcts--l-~•tttT~pr3rtritt~t I=-i~~~l<+~st~e ?~esH►~g A-et =>4 is~c~~: Spc'.ttieftll~. ti-k-4,istt-iet trittstfcompl_*-wit4Jtile ie_tt ~,-4,j tineleder-rrlflill}Ji}k -~~1~ ttitT{~tr•f~t i~ ~+a d-1° li-~:~ t.- AiltjPtnt+ir t,t 13 polttj- is_ one of the i tit District S complies ~Nith ob4i,i tioits tttiElC'i' the regulations. implementing the Federal Omnibus Transportation Fmpio%ee Testing :pct. ii k ii It is the intent of the District to comply fully with both the letter and spirit of this law, as well as to continue to administer the District's Drug Free Workplace policy.. c,ci it,te-i ii' Specific procedures for administering these Department of Transportation regulations are contained in the District's Administrative Checkpoints (ABC's). Each employee affected has been given a copy of these procedures and signed a statement attesting to having received and read them. Compliance with this policy is a condition of v : >+A- employment. l t, a+,,, An.kn employee covered by this policy, t.y.. t: , is still required to comply with all the other provisions of the District's Drug Free Workplace Policy. C+~ ir'i1c!-Ht ; 00. The obligations 1268-.3 l z?o su-wci Yorba Linda Water District 31 Personnel Rules paste and requirements set forth €vko in the District's ltfininistrative Checkpoints are in addition to existing obligations and requirements set forth in this policy. 6.10 EMPLOYEE ASSISTANCE PROGRAM Depending on budget and other considerations, the District may provide an employee assistance program. The EAP provides counseling and other services to assist employees and their families deal with personal and emotional problems which affect or night potentially affect their job performance. This counseling is confidential. 6.11 SMOKING POLICY In the interests of promoting the health and well being of all District employees, smoking is prohibited in all District facilities and %%ithitt 20 feet of an entrance, rnain exit, or operable %iinclvu of a District facililN. District vehicles a)xlineluding rolling stock such as back-hoes atrcl tractors.,,xccepl v# -etl~ressl pe€n'~i itrl. 6.12 INCOMPATIBLE EMPLOYEE ACTIVITIES During an employee's work day, the employee is expected to devote their full time attention and efforts to the performance of their assigned duties as a District employee. At no time shall outside employment or activity be conducted on District time. No employee shall engage in any outside activity, or enterprise which is inconsistent, incompatible, in conflict with, or interferes with the employee's ability to perform the duties, functions or responsibilities of their job as a District employee; nor shall they engage in any activity which may contribute to the lessening of their effectiveness as a District employee. Employees who undertake outside employment shall notify their immediate supervisors in writing of the nature, duties and hours of that employment. No employee shall engage in any type of activity relating to an employee organization during such time as an employee is on duty, except as expressly permitted by the General Manager, Federal or State law, Memorandum of Understanding, or Board directive. 6.13 POLITICAL ACTIVgTIES No restriction ~,h iim Al be placed on the political activities of any employee of the District, other than the following: A. No person who holds, or who is seeking election or appointment to any office or employment with the District shall directly or indirectly, use, promise, threaten or attempt to use any office, authority or influence, whether then possessed or merely anticipated, to confer upon or secure for any individual person, or to aid or obstruct any individual person in securing, or to prevent any individual person from securing. any position, nomination, confimtation, promotion, Or change in compensation or position within the District, upon consideration or 24 Yorba Linda Water District 32 Personnel Rules page condition that the vote or political influence of action of such a person shall be given or used on behalf of, or withheld from, any candidate, officer or party, or upon any other corrupt condition or consideration (Government Code 3204). B. No employee shall directly or indirectly solicit political funds or contributions from other employees of the District. Employees, however, are not prohibited from communicating through the mail or by other means, outside of the hours of employment, requests for political funds or contributions to a significant segment of the public which may include officers or employees of the District. (Government Code 3205). C. No employee shall participate in any political activities while in uniform (Government Code 3206). D. No employee shall engage in political activities during working hours or on District premises (Govemment Code 3207). E. No employee shall engage, during their working hours, in the solicitation or receipt of political fiinds or contributions to promote the passage or defeat of any ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of the District; nor shall entry be permitted on District premises during working hours for such purposes (Government Code 3209). 6.14 SERVICE AWARDS The Board of Directors may employees and Directors for: Exemplary actions or activities. authorize the presentation of appropriate service awards to Varying years of service; outstanding performance; Safety; 2416X'.3 SYH130_604 Yorba Linda Water District page 33 Personnel Rules RULE 7. VACATION AND LEAVE 7.01 HOLIDAYS The specific holidays observed by the District ~,1iall-l arc established by the General Manager annually on or before July 1. 1 itrtztr paftllart-time employees s1 afl~ %orkin 20 hours or inorc receive holiday pay in proportion to the average of normal hours worked as a part-time employee compared to full time. (i.e., 4 hours per day worked by a regular part-time employee would be paid 4 hours on a holiday). Holidays falling on a Saturday shall be taken on Friday. Holidays falling on Sunday shall be taken on Monday, unless another day is designated by the General Manager. Employees assigned to special shift work -,kall~Nill receive eight hours of paid time off on a day designated or approved by the District at the regular rate of pay for each holiday, whether or not the holiday falls on a regularly scheduled workday for that employee. For employees assigned to alternative work schedules, any holiday falling on their scheduled days off shall be taken so as to provide the employee with three consecutive days off, unless another day is designated by the General Manager. Employees halliA ill have the option of accruing leave credit for future use when holidays occur on their scheduled days off consistent with District leave accrual policies. Employees other than those assigned to special shift work or assigned to standby duty for emergency, who are called in to work on a holiday. hail- N% ill receive compensation equivalent to one and one-half times their regular rate of pay for the time actually worked, in addition to the paid holiday. To be eligible for holiday pay, any employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday or the regularly scheduled workday immediately following the day observed as the holiday. 7.02 VACATION Rt~y_g;:~fr. t':€IlF,ull-time employees shall accrue paid vacation up to the maximum accrual amount, at the following rate per month: For up to 5 years service 6 2/3 hours per month (10 days per year) Five but less than 15 years service 10 hours per month (15 days per year) Fifteen or more years service 13 1 /3 hours per month (20 days per year) Yorba Linda Water District 34 Personnel Rules page Part-time employees ri,orlting 20 hours or more shall accrue vacation in proportion to the hours worked as a part-time regular employee. Hours shall be calculated as a percentage of 2,080 hours. (i.e., an employee working 1.040 hours annually shall accrue half the vacation a,,ol' a Rill-time employee working 2,080 hours annually). During the first six months of service under an original appointment, employees may accrue vacation credits but may not use them. Subject to the approval of the General Manager. the Department head and employee shall schedule the times at which vacation leave is to be taken with due consideration being given to the desires of the employee and operational needs of the Department. The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. The minimum amount of vacation that may be taken at any given time shall be one hour. Based upon operational needs or employee preference, the use of vacation leave earned in a given year may be deferred to the following year. Vacation time shall be accrued at the rate shown above until such time as an employee has accrued the lesser of either one and one-half times the amount of vacation that can be earned in one year of service, or 30 days. From that point on, the employee will accrue vacation at the rate of zero days per month, until vacation is taken and total accrued vacation time is less than the lesser of either one and one-half times the amount of vacation that can be earned in one year of service, or 30 days. Where a District holiday falls during the period of an employee's vacation leave, that day shall not be charged against the employee's vacation accrual. Where an illness or injury necessitates hospitalization of an employee during their vacation leave, the days of hospitalization shall be charged against the employee's accrued sick leave rather than vacation. Vacation leave shall not accrue during leaves of absence without pay in excess of 30 days except for a temporary military leave for active training as defined by Section 395 of the State Military and Veterans Code. Upon separation, employees in the competitive service ,s .iii-iNe i,,, 4 ,z7o rtnz-,~I:, t p~ yfnei tt iii%i11 b 1)Aid their current base rate of pay for all vacation leave earned, but not taken, as of the effective date of separation. 7.03 SICK LEAVE Sick leave is not an earned right to time off from work. It is provided so that an employee will not be seriously handicapped if they are unable to work because of their illness, injury or incapacity; serious illness of a member of the employee's immediate family or enforced quarantine. A. ACCUMULATION OF SICK LEAVE: Employees working an average workweek of 40 hours stF :il receive paid sick leave at the rate of one day per month. part Part-time Yorba Linda Water District 35 Personnel Rules page employees skiflr8or•king 20 hours or more receive sick pay in proportion to the average or normal hours worked as a part-time regular employee conapsared to frill time sera ice. In the event that any paid holiday falls during a period when an employee is on paid sick leave, the holiday shakN+ill not be charged against the employee's accrued sick leave. The only sick leave hours that 4411 pare charged against any employee's accrued sick leave 1 RtIl heare those hours that the employee is regularly scheduled to work. Employees are eligible to take sick leave as earned, under conditions specified above. One hour of sick leave shall be deducted from an employee's accrued sick leave for each hour taken. B. NOTIFICATION OF ILLNESS: An employee may be required to furnish, at District expense, a certificate issued by a licensed physician, or other satisfactory evidence of illness, injury, medical condition or medical or dental office calls when the employee has been under the care of a physician. Such evidence may also be required if there is reason to believe an employee is or will be abusing sick leave. In such a case the employee ltttll rr ill be given advance written notice stating the reason for the requirement. Any requirement to furnish such evidence s1 ttt Fl « ill end after thirty days unless it is renewed in writing. In addition, such evidence may be requested when an absence for personal illness or injury exceeds five days. Any employee who is absent because of illness or disability shall notify their supervisor within the first hour of the shift on each scheduled work day after becoming ill or disabled, unless specifically excused by the supervisor. C. PERMITTED USES OF SICK LEAVE: Sick leave may be applied to: An absence necessitated by an employee's personal illness. injury or disability. 2. Medical and dental office appointments. (Employees on alternate work schedules which provide for a day off every other week, such as the 36/44 hour schedule, are expected to make non-emergency medical and dental office visits on their week days off.) 3. Absence due to exposure to a contagious disease when quarantine is imposed by health authorities or when it is determined by a physician that the presence of the employee on duty would endanger the health of others. 4. Emergency leave with pay may be approved by the Department Head in the event of an ~rri >t s illness or tlt-atlt tot t};trtflnerinjure of the employee's immediate family. For purposes of this section, immediate family shall mean spouse, domestic partner, parent, ct-l tv . -iblirr. fxt'fI~icl.-{ ;al ~~tralzlr;. t+t'--rt}L e~tl~~t" !';,r~~t~z llviyn2 ti- the a ie hott;t~l-toklor child. The use of sick leave under this section shall be limited to a maximum of tiv<sit days. Such leave may be in addition to the bereavement leave. 5. Illness while on paid vacation will be charged to sick leave rather than vacation when the illness necessitates hospitalization. Within five calendar days of returning to work, the Yorba Linda Water District 36 Personnel Rules page employee must provide their supervisor with satisfactory medical evidence of the illness or injury. The department is under no obligation to extend the vacation beyond the original scheduled vacation ending date. 6. Sick leave haltNr ill not apply to absence caused by illness or injury to member of the employee's family except as provided above and absences which occur on holiday. D. GENERAL PROVISIONS: The minimum charge to an employee's sick leave account -1h.nih%ill be one hour and additional absences over one hour shalhi ill be charged to the nearest quarter hour. Observed holidays occurring during sick leave ill not be counted as a day of sick leave. Any employee who retires from the District in accordance with the California Public Employees Retirement System qualifications i l l be paid at the rate of their final salary for 3/8 of their accumulated days of sick leave at the time of separation from active employment. Five eights of their aceumulated daNs of sick tex%c %Nill he credited to the eniplo.%"'s C alPERS sere ice account. If the employee should die, their estate is entitled to such payment. Where an illness or injury is job-related and covered by Workers Compensatiom accrued sick leave and vacation may, at the election of the injured employee, be applied to make up the difference between Workers Compensation and full base salary. Sick leave ill not accrue during leaves of absence without pay in excess of thirty days except for a temporary military leave for active training as defined by Section 395 of the State Military and Veterans Code. 7.04 BEREAVEMENT LEAVE Upon request, regular employees wh tUNA ill receive time off with pay, not to exceed three days in any one instance, to arrange for or attend a funeral of a member of their immediate family or conduct business associated with the deceased. A probationary ettapto%ee traaN he grated time gaff s%ilh pa} at the discretion of tine General Manager. I 'o be (,.rallied the Ica%e the eniplo}cc ❑aust a ;ree that if he or she does not pass probation, the aniount of the lease will be deducted from their final paicheek. Immediate family shall include spouse, domestic partner, child, siblings. parents, in-laws, grand parents or any other relative living in the same household. The General Manager may allow the employee to use up to an additional four days of sick leave to supplement their three days of bereavement leave. 7.05 LEAVE OF ABSENCE WITHOUT PAY The General Manager may grant an employee a leave of absence without pay for a period not to exceed six months. Any leave of absence for a period longer than six months must be 3~ x .3 1 cil~3 t o+t t 2,1 Yorba Linda Water District 37 Personnel Rules pale approved by the Board of Directors. Upon expiration of an approved leave, the employee #j=rik+ill be reinstated in the position held at the time leave was granted or to a comparable position. An employee on a leave of absence in excess of 30 days haiiN+ ill not receive or accrue any employee benefits. However, in the event that the leave without pay is granted for reasons of illness or injury, the District ill continue to pay for any hospitalization and medical insurance. 7.06 CIVIC RESPONSIBILITY LEAVE 1f) fivo,fdillice %v4%l'--'eC'uons ;-4;400 and -1- 1.401 Of ith'. ( ode. i1$l.kn employee may take off such working time as will enable them to vote, providing such employee is a registered voter and does not have sufficient time outside regular working hours within which to vote. A maximum of two hours may be taken with pay. The scheduling of the time referenced above -,hali Iris subject to approval of the Department head and ~IvIIN8 ill normally be at the beginning or end of the work shift. 7.07 JURY DUTY AND WITNESS LEAVE An employee who is called for jury duty or for examination for jury duty or who is called to answer a subpoena as a witness in an official capacity on a case where they are not on trial. ~,r a party or au expert witness other than for the District. ~i JIN%ill be compensated at their regular rate of pay provided the employee deposits the fee paid by the courts with the District. An employee otherwise involved in litigation in a matter unrelated to their capacity as a District employee }la?lw ill be permitted time off without pay or the employee may choose to use accrued vacation for this purpose. 7.08 ABSENCE WITHOUT AUTHORIZATION When an employee has been absent without authorization from work for more than three days, and in the opinion of the Department head the employee has abandoned their position, the Department Head shalh% ill notify the General Manager or a designee. The General Manager ill notify the employee that the District has determined that they have abandoned their position and that the employee has five working days upon receipt of the notice to contact the District regarding their intent to return to work. Such notice shall be in writing and sent by certified mail or personal service to the last address listed in the employee's personnel file. Abandonment of position may include, but is not limited to: 1. An employee failing to return to their employment upon conclusion of any authorized leave of absence; 2$268'.3 L 0030 1104 Yorba Linda Water District 38 Personnel Rules page 2. An employee failing to properly notify their immediate supervisor of absence due to sickness or injury; 3. An employee failing to appear for work without notification, or agreement between supervisor and employee as to the use of any leave time set forth under these Personnel Rules; 4. An employee failing to keep their immediate supervisor apprised of disability status on a daily basis, unless otherwise directed by their supervisor. Where an employee fails to respond within five working days to the notice of abandonment of position. the employee may be considered to have abandoned their position of employment with the District. Abandonment of position shall constitute an automatic resignation from c0fflpeli iye tiers i~ ee+i+pio~++sent, and is grounds for disqualification from future employment with the District. Even if the employee responds within five working days to a notice of abandonment, nothing herein will preclude the District from taking disciplinary action for abuse of leave or unauthorized absence. 7.09 MEDICAL LEAVE The General Manager may place an employee on a medical leave of absence without pay when that employee is incapacitated to perform the regular functions of their position and, it' disabled. cannot hr reasonabh accommodated. This type of leave may be used pending the employee's anticipated recovery or pending the outcome of a medical evaluation of the employee's physical or mental health as it relates to the performance of their work. Before an employee is placed on such leave status, the employee shall utilize all accrued vacation and sick leave. A medical leave of absence may also be directed by the General Manager in cases where an employee is already off the job due to illness or injury and has exhausted all accrued sick leave and vacation credit. Under normal circumstances, no leave directed or granted under this Rule shall exceed 120 days at which time the General Manager may extend the leave for a definite period or terminate it. Leave taken under this Rule which extends 30 days beyond accrued vacation and sick leave constitutes a break in service and the employee's merit review and anniversary date will be adjusted accordingly. 7.10 MILCTARY LEAVE Payment of employees on temporary- military leave is governed by t ; O >f~ O iI !,+t-`iiaslale and fedcral km. Any ptk06c employee who is on temporary military leave of absence, and who has been in the service of the District ;:rom 1 i~ h tiie k i { tke,r for a period of not less than one year immediately prior to the day on 241(,x-3 ) (x134-804 Yorba Linda Water District 39 Personnel Rules page which the absence begins, -,hall beis entitled to receive their salary compensation for the first thirty days of military leave in any one fiscal year. Employees must submit a copy of military orders to the Personnel Officer prior to the beginning of the military leave period, and as soon as the employee knows of the need to request such leave, except where military necessity dictates. Compensation received for military service shall be offset against compensation otherwise due from the District as authorized by law. If an employee's military leave of absence exceeds thirty days per fiscal year, their salary anniversary date shall be extended the same length of time as their leave of absence, minus the first thirty days. If an employee is required to perform military duties while on probation, their probationary period ~iitii~~% ill be extended the same length of time as their military leave. Employees deployed for active duty training or active dut% deployment are entitled to have medical insurance premiums for themselves and their dependants paid for 90 days. They can continue coverage after 90 days by submitting the premiums each month thereafter. 7.11 LEAVE WITHOUT PAY --AFFECT ON SENIORITY AND BENEFITS Except as provided under State Law for military leave, an employee on a leave of absence without pay exceeding thirty days hails ill not continue to accrue service or leave credits, nor shall the District be required to maintain contributions toward group insurance or retirement coverage. During the period of such leaves, all service and leave credits hai!NN ill be retained at the levels existing as of the effective date of the leave. 7.12 ELIGIBILITY FOR BENEFITS TEMPORARY AND PART-TIME EMPLOYEES Employees holding temporary appointments slwflor working part-time (less than 21) hours) do not accrue service credits oi- 1:,v prrt iiki (#and are not eligible for any benefit other than that required by State or federal law. Employees holding e,Ld'ar part-time positions in the competitive service (o%orking 20 hours or more per Meek) shall accnie benefits pro-rated in accordance with their annual hours worked. 7.13 FAM I LV LEAVE 11tttpitwecs ma,, tale up to--a-1-01al of Si r n oliths t+f unpaid 1<:n4, le eve- dating a 24-rnemh period --ami tip to--e i-otal t 1f thfee-month t~f-ttttpaid fatttily leave-(lttrintl a 12_tfKcfltli li k-td 1--ainih- leave--nldt be as,d fol- the ftat•inv of tt- minor d pemieni Child;-toa tart #cr- nevdv d,CJ,At-tjt' l t_)r l ~r ti}ilE#. t{~ e-ttte-1t4r It rlti#~# tzclt►itij ec~ntit3tr t -r ival treat} tt nt w ct-~trlifieweni #tir at letrii a rth~rtt;t: ctf to care Sit t parer t fajxjl~acertE. 13 3rent-i:t-la{ . ,putt- ear-adttlt 6-til# with ;t seriottt healtht Condition. Yorba Linda Water District 40 Personnel Rules Page All -et yee must hav'e nn~re t1~~ mar ~3# conl4ntloti SeYA ke R-~- t*Ai#vt 4r family -le K e howevef. t ii~a rr~e i f re#tt -i# -t tf#c~ tf3t3stt{ttt tffidue- hart#stif tto -the Di'strict: A gttHlit; 4ig empk-)yee silos= prt N ide ffdvft~e nctli}t -ffik :1 of-their inte"HO take. family lease it II-te treed f of the lea\t is-tt}re lice tl~le 4"he elrtp c trtayelect-io sub4ittae accrued acatk~r3 ciao s itf- ~-tt tuber- o-Hiamily leave days: sick leave -mav be substittfted if the. Distrie+--artti emp oyt-e muttialk, agwee' An ea-yiplovee 0-1t f4mily leave is ekiNe ter till ert lc c f netft tit the rtr terms- and ctmiditkvs which apply ttj alter ttr3paid lefties of able *e-. 1~al~til~ 3ea~e rll stilt et" titute-a lwetik iit-set vice, l l?c?13--retttrl3 from- family iett\ e: tile employee i+=ill-!v- teir 4. wed to tlw- sa.r}~ rt~ tt>rrtp tral~le }~c~sititart-ttr-4~lcl f~tic~-t~-tttkll~~ fetr~til~~\-e: It i-,-the-itttertt,,47 lZ-ttle-f . l to et~nf,-arm to--bt4h the # er-al grid-state airs ly leave-40s_ _ `wL'ltere t'>nilictti e?ti;:t betNcet~-ljr<}\ isitxt t}f tithe- ctL4'i. this--Rule shalH-,e it-tterflreted t-0 pr ice- the greater of the eoftflictinu berw it pr-ovisan to t1-*-ert pIA:V ce: F'AZIILI <#NI) MEDICA1. 1,EAVF. A('"I` This polic} establishes a procedure for employees to utilize the Family and Medical Lea%e (FMI.A), the California Family Rights :pct (C'FRA), and Pregnancy Disabilith Leave (PDL) Both CFRA and PI)l. interact with FM LA. Employees who have more than 12 months of service and, who have worked at least 1,250 hours during the previous 12-month period before the date the leave is to begin, are eligible under federal (F MLA) and state (C"FRA) family leave laws to take up to a ilia xitnulit of It \\orkweeks of unpaid Tamil-/medical leave \\ithiit a 12-month period. 1'se of F'1lL;A: Family/medical leave time is permitted for the birth of the emplotee's child, or placement of a child vv ith the employ ee for adoption or foster care, to care for the employee's spouse, domestic partner, child or parent ",[to has a serious health condition, fora serious health condition that makes the employee unable to perform his/her job or because of a qualifying erigencN arising out of the fact that a spouse. or a son, daughter or parent of the employee is on active duty (or has been notified of an impending call or other aetive (1utN) ill the Armed Forces in support of a contingency operation. Time off front work because of the emplo%ee's disability due to pre;nanc\, childbirth or related medical condition is not counted as time used for CFR:1 leave, but is counted as time used for FMLA leave. Pregnant employees nim have the right to take a pregnaneN disability leave in addition to family or medical leave. These employees should contact Personnel regarding their indi\ idual situation. . 1 * I+, -1 41e 2 I N'S'.3 \ l W-1to 4 61 Yorba Linda Water District 41 Personnel Rules page An4 leave taken for the birth, adoption or foster care placement of a child does not have to be taken in one continuous period. CFRA leave taken for the reason of birth or placement of a child will be granted in minimum amounts of two weeks. Ilowever, the District will grant a request for a CFRA leave (for birth/placement of a child) of less than two weeks duration on anv ttivo occasions. Any leave taken must be concluded within one year of the birth or placement of the child with the employee. Leave granted under any of the reasons provided by state and federal law will be counted as family/medical leave and will be considered as part of the 12-workweek entitlement in a 12-month period. The 12-month period is measured forward from the date anN employee's first FMLA leave begins. Successive 12-month periods commence on the date of an employee's first use of such leave after the preceding 12-month period has ended. 'There is no carrNoyer of unused leave from one 12-month period to the next 12-month period. An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member shall be entitled to a total of 26 wvork~veeks of leave during a 12-month period as defined above, to care for the service member. The leave described in this paragraph shall only be available damn„ a tingle 12-month period. Employees may take FMI.A/('FRA leave intermittenthI tin blocks of time, or by reducing their normal ryeekh, or daily work schedule) if the leave is for the serious health condition of the employee's child, parent, spouse, domestic partner or of the employee and the reduced lease schedule is medically necessary as determined by the health care provider of the person with the serious health condition. The smallest increment of time that can be used for such leave is 30 minutes. Procedures For Renuestin; FMI,, L: The following procedures apply when requests for familti leave are made: 1. Please contact your immediate supen'isor and Human Resources as soon as you become aware of (fie need for family/medical leave. 2. If the event necessitating the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or a farnily member, the ernplo\ee must provide at least 30 dais notice before leave is to begin unless the need for the lease "as riot foresceahle. 3. The employee must consult with their supers isor and department head regarding (tae scheduling of any planned medical treatment or supervision so as to tninimize disruption to the operations of the employer. 4. my such scheduling is subject to the approval of the health care provider of the cmployec or the health care provider of tire employee's child, parent, spouse or domestic partner. If 30 days' notice is not practicable, notice rntist be „given as soon as practicable. Yorba Linda Water District 42 Personnel Rules page The District will require that the employee provide certification as explained below within 15 days of the employee's request for 1,MLAXTRA leave, unless it is not practicable for the employee to do so. "The District may require recertification from the health care provider if additional leave is required. District Initiated Leave The District tnav place an employee on leave if they have a reasonable belief that the employee has a serious health condition. Garin; For a Sick Child or Snouse: If the leave is needed to care for a sick child, spouse, domestic partner or parent, the employ ee must prov ide a certification front the health care provider that states: • date of commencement of the serious health condition: • probable duration of the condition; • estimated amount of time the health care provider will provide care; • confirmation that the serious health condition svarrants the participation of the em PION ee. rmnlovee's Own Health: If the leave is needed for the employee's own serious health condition, the employee mast provide a certification from the health care provider that states: • date of commencement of the serious healtb condition, • probable duration of the condition; a statement that the employee is unable to %ork at all or is unable to perform an) one or more of the essential functions of his/her position because of the employee's serious health condition. Benefits While on FMLA: An employee taking familvimedical leave will be allowed to continue participating in any health and welfare benefit plans in which helshe was enrolled before tite first day of the leave (for up to a maximum of 12 work v%eeks) at the level and under the conditions of coverage as if the employee had continued in employment for the duration of'such leave. The District w ill continue to make the same premium contribution as if the employee had continued "orking. The continued participation in health benefits begins on the date lease fit-st begins tinder FMLA (i.e., for pregnancy disability leaved or under F'vlLAiCFRA (i.e., for all other family care and medical leaves). In sonic instances, the District may recover premiums paid to maintain health coverage for in employee who fails to return to t►ork follm%ing tannihmtedical leave. COBRA Rights: Employees on famihltnedical leave who are not eligible for continued paid coverage rnat continue their group health insurance covera ge through the District in conjunction t%ith federal COBRA guidelines by making monthly pad ntents to file District for the amount of Yorba Linda Rater District 43 Personnel Rules the applicable premium. Employees should contact their supervisors for furiher information. Payment is due on the same schedule as paytnents are made tinder COBRA. Using Paid Nick Leave: Paid leave will be substituted for unpaid leave in the folk»ving circumstances: • ;accrued sick leave is required to be used during FML,A/CFRA leave for an employee's own serious medical condition.. Accrued tittle: (other (Iran sick lea%e) ttlay also be used for any family/medical lea%e qualify ing event. The District may also require the use of such leave. t'nnaid Leave: page Employees on FNMLAXTRA leave will not continue to accrue vacation or sick leave during unpaid F'NMLA/CFRA leave. Reinstatement to Job: The District will require certification by the employee's health care provider that the employee is fit to return to his/her job. tender most circumstances, upon return from family/medical leave, an employee will be reinstated to his/her original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. Ilowever, an employee has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if an employee on fantilyimedical leave would have been laid off had he/she riot gone on leave, or if the employee's job has been eliminated during the leave and there is no equi%alent or comparable job available, then the employee would not be entitled to reinstatement. Ili addition, an employee's use of FNIL.A leave will riot result in the loss of any employr1lent benefit that the employee earned or was entitled to before using FM LA leave. Denial of F\1L.A: Reinstatement after farm((/medical leave may be denied to certain salaried "key" ern plovees: • w Ito are among the highest paid 10 percent of salaried employees: and • oo hen the refusal to reinstate is necessary because the employee's reinstatement will cause substantial and grievous economic injury to the District's operations. and • w hen the employee is notified of the District's intent to refuse reinstatement at the time the District determines the refusal is necessary-, and Yorba Linda Water District 44 Personnel Rules page • in any case in which leave has already begun, the District will give the employee a reasonable opportunity to return to work folloNving the notice described above. For additional information about eligibility for FMI.A leave, contact lite District's Personnel Officer, General Manager Date ,4,"- _ " v,-4,4 232615'.3 % 4 W30-0414 Yorba Linda Water District page 45 Personnel Rules RULE 8. LAYOFF PROCEDURES 8.01 ELIMINATION OF POSITION Public try€-e,est'l'he Board may require elimination or curtailment of a public service activity h-t,if the Board eV Direetorsdetermines it is in the public interest. Such Board action may result in the layoff of one or more employees. The following procedure is intended to provide consideration to seniority of service. anti p ts€ l~t'r # ~r rear e . 8.02 LAYOFF PROCEDURE A. SENIORITY: Seniority is defined as the length of continuous service in the employee's present class or in higher or equal classes regardless of the department to which assigned. When employees have equal seniority for retention in a class, the employee with the greatest amount of seniority credit with the District sdiaiki ill have the highest retention priority. Seniority credit with the District halll-eis defined as the length of continuous service from the last date of hire by the District. B. ORDER OF LAYOFF: When layoff is necessary, employees sli ill lure subject to layoff by class, and by department in the following order: 1. Temporary employees siut l" ill be laid off in an order determined by seniority. atthi past 13c~°#~~t~r rntc . 2. Probationary and provisional (acting) employees in the competitive service sh all~i ill be laid off in an order determined by seniority. and pffst l~rrl~~~~a~xta. I 3. Regular and promotional probationary employees in the competitive service shz}llwill be laid off in an order determined by seniority. and pe-,si l~erft,r+r7at:te. I C. SENIORITY LIST: Employees shall be subject to layoff as follows: 1. The names of all employees in a class in a department s;ttlks ill be listed in order of seniority within the categories defined above. The procedure described below ill be applied to each category in order until it is exhausted before moving to the next category. 2. If one layoff is to be made, the three least senior employees will be considered. If more than one layoff is to be made, the number of employees lowest in seniority equal to the number of layoffs plus two will be considered. The General Manager ill base layoff decisions on seniority. ,;rr l l rt:;~ z~r}rxe revieNN S. 212Gx".3 17 ~o to-ilala Yorba Linda Water District 46 Personnel Rules page 3. In order to avoid layoff an employee laid off under the provisions of paragraph (2) above may, within three working days of receipt of the layoff notice, request demotion to a position in any lower class within the same series, or in an equivalent series, or in any class within the classified service in which the employee previously held regular status. Th'e, n4-' ill to btPiiA\'he1her to allow an incumbent sfiztllto bump wilt be based upon seniority and past performance. The decision must he recommended by the Hurnan Resources Manager and appro% d the General !Manager. 4. In the case of any question as to the equivalency of classes for purposes of paragraph (3) above, the decision of the Personnel Officer is final. D. WRITTEN NOTICE OF LAYOFF: Any employee to be laid off will be given written notice of layoff not less than fourteen calendar days prior to the effective date of such layoff. 8.03 REEMPLOYMENT A. REEMPLOYMENT LIST: The names of persons laid off shAIw ill be placed on a reemployment list for each class in the same and any equivalent series at or below the level of the class from which laid off. and for each class in which regular status was previously held. These names will be placed on the reemployment list in reverse order of layoff. Last employee laid off is the first employee on the reemployment list, with other laid off employees in sequential order thereafter. Employees whose positions have been reallocated to a lower class but who have not been demoted for cause shall also have their names placed on the reemployment list for the class from which their position was reallocated. Reemployment lists - lh allw ill be certified by the Personnel Officer and shall be valid for one year from the date of layoff. B. APPOINTMENTS: The General Manager shallw ill select from among the three highest available and qualified on the reemployment list. Qualifications liallw ill be determined by the last performance evaluation. C. PRIOR SERVICE AND ANNIVERSARY DATE: For the purpose of computing total seniority with the District, an employee reemployed shall have the same prior service credited to them as they had at the time of layoff. Upon reemployment an employee shall be credited with the same portion of a year as that credited at the time of layoff for purposes of establishing a new anniversary date for merit increase eligibility. Yorba Linda Water District 47 Personnel Rules RULE 9. HARASSMENT 9.81_. P 1 R PO SV page '1=1te Ycwba -1.itida--L4 tter [ istrit~t is t ji tt3~jttt tcj Pt+~~a:itli tt ~rlt environt-ttentt lik- 4s' t'ree-vt- discrittttntatk.)fl. In keepttt=±-~+ tt~t this tof~"tttt{t}tentt ihe`-6N,,trte1 -P"4v t }tarts-s-.mtent of any form. itte#ttlttnF_ sextttrl 1tFtr-~ts~tt~tt#. 9.02 ION } lttrasy tt itx }stiles. bttt i4 stet limited to-: ;)t VF R-BAI::-4+ARASSbv1F ~ -~ttt}tits el~ltltc~ts-~nt)gat "I ee>rrttfitettia of-sktrs R. V 1 c,t:'-A1: k4:AR:A-S&N,11_4 , ~tt h as--deri>,_gattm-Y PjS*t°s, cartc>c~ns-trr ~rft~vit~ C.---- SEXUAL RARASS4. t XT: .titer--as-un we}c«t sexual advan}ees. request -for--,e-XtW ft vofs,and-c*t}ter r-erbal-er ~iettl e t-set oft}-.4e{ttttl-r3rt m!e. stteh--a -state-ea111t3i~sttWe'st-ikle cc~ttttrtet}ts ar 1 ~ d tulle awl- +k-es if Such-t~ c#uct ufwea,.-,>fA* irtterferct--with stns ititiividual't crr4c..1vr#i+ttia}net has-tlnefttrpose-or e# t t renting an int-ifflidttt rtg; 41tnt-ik rr-0,4yetstwe t}r~i etwiromyfeitt. 4ttl~rti~ittrt ti> ~-1~--t~#txt_ i, -tide:__direeta~---er--ittc~ireFtl~.- its--tt-_te~ tt.r cc,44- ititxt-ofw-orkittg-k)r tltt District " `ttl,,tnis4ic>ft ttt ~ ~}ectiatt t~# sttclt t~t~cltfet r. tltz 1- stn. t~+ltrr tt~nta de isitatt : 4.4S __._-RF;Po)12 FF-\"4(r Art etnt }t~v lies itn4 t}ter, tire tieing }tttfas, N- b a te}}t+w -lw-orker, att r~ iscYt of ate-per"t rr-ltik-Batt t-be ~~b she_gA # iA-e tRtz # ~11c~~~itt~~ ~te;x; Polkt11,~r- ++ttt-firil3ly -teA the-jvrson that t}t- t ~ktttiittt t tttt~ e}ct~tl tattfl,>#lentsi~e: tt 1-that you wai=*-t-ltat be}tttvk)f--(. t }#'tlte ttt~trrtteel twettal4f dt~-ttt+t *0K}1>: et---if the t~#fentdec} ettj}t1~~®t: €L Rs rtnt:tlttr}~ ttr3ec~tt3}t;rtahk in di Cussirt-, the tHa~r-i~ t}t tile_pefson stth~ect it} tt~ t+r►t}~lttittt:-the otfetxled--employee mwo report--the facts e;=t}re ittcittertt t° ittti it#ettt« trt; their sol i iset. e1e} rttttett? head. l'erac~ttrtel Ofticer- t*r the net t aR lanta~~er Stt1 r~ is }t and Department ltea(- - must itfittt~tiiatc=av reptyrt alk~_=atit~tr: ref-ttat'asstttettt-tt? the petso€nf3e}Ot1"tter of Crcrtr4}t}tt:er: Yorba Linda Water District 48 Personnel Rules page If-€he--i"iietliate sttpeva - is__tt lv iii t{3e rtp<?tt e~ndttc£ or if tli zmpluvee fms ttt~t txizlf~r£ai►}e-abcwt ~ 3alrittg -a report-10-£l1Q£ stt}-teervi oar, the-report may-lam- wade-40 the k'Jeflef, NI flRtjer t r.the-Rerstlntfe} QITIe:et'. 444 INVV-STICATION The Personmel -Officer will--investiewe an\ report 4f harassmem-ftnd prepare a -•e *r£ of titx#irt atxl ref r3 t~efi3dFt£iE le3r the -Cieftef-al Matrager wht~ Nvfll take whatever kx-t eetiv aEtic~rt i tlet-rt3t-4-trpf+rcil•ria£e. int:-ltt&mg di cipfming or diselaft int ' a1iV -ittdit-i(#ttal-fit) is belied ft) ltrn e vio4a€ed €lti pri~hit3itic>tt..-. aiit;£ h trasstfiertt. }t----tl-te Per,; nfte4 Offiee --is charued with haas-mient, the General -Manager-1i4}} tondtm-flit' lit~'t'~ttS+ft€iE~n. 4-f-the -Gen'r-a} i~{attfl~!t'r- char4etl vit#~ "httrttsstr3ettt tt~ett the-investigtttk)n hall--he-tf?tlttc£t d-by fife Pet-so-flnel 4' tt3ittee ef=-tlte 13t>ard tj¢-_{.3iret tt>r.~, w*.-4t -atw disvi +rftrv actin-n-taken by the Boart# of Dire-ewrs-.-} he District does tj~ t tt~}erttte r merit{~k at3t k-ii3c#-ttrtd will-tai~"disf4}-littt ttE.tirttz hette r stteh hara~~t~t is t~r3stxatt~d: ,~n~-it3di~-idtta} ~~ltt}et~~ itrec}t~dttet ~tttrttt-~- it> this l~rlii t~rta4 lie- jvrstmal}x-little in legal tte-tif?n- hrc tight--against theta}: -fit irtves£igyrrt-i i related-to- a complaitf-taw er this polk~y will and--re-s1 I'Or OK--rt is -o fr}k t it t ttals t~ lved It rt ty£ Ott related t- thhe- tttVeShi4attttx ~~ili_},e }}rr~iEled f~tt a.rt~c#-tf~-k~x3~~ his-~stl~: 4-.06 RETALIATION Attu sttlrtttttttiatecl #~e{ttttit3r- #tiri retaliates--aj4ainst ttj v indiv4dttal wbo seek-, a revic~-under this pt:+fit~ i il# l con-iitiefed a vit2~ltrt +n of This p04ie-y-atxl w&fe sittlt +t~ 5trit~tts diseiplittar~ u p to aw -inLlitding imtt,ediate tertnimitiott. IIAR.-kSSNIE.N'1'I1)IS('RI'NIIN'A'I'ION'/RE'I'A[.IA1'10~ PREVENTION POLICY PI. RPOSE It is the District's intent and the purpose of this Police to pro-vide all employees, applicants, and contractors with an en% ironrnent that is free from any form of discriminator\ harassment, discrimination or retaliation as defined in this Policy. This l'olicA prohibits harassment or discrimination on the basis of any of the folio," ing protected classifications: an individeal's race. religion. color, sex, gender identity, sexual orientation (including heterosexuaii(}. homosexuality and bisexuality), national origin, ancesm. citizenship status, uniformed service member status, marital status, pregnanc\, age, medical condition and physical or mental disability (sxhetlzer perceived or actual). It is also the police of the District to provide a procedure for investigating alleged harassment, discrimination and retaliation in violation of this Pone}. The protection from discrimination includes the protection from retaliation for hay in- taken action 21268-A N 13 U-QO Yorba Linda Water District 49 Personnel Rules page either as a complainant, or for assisting a complainant in taking action, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this policy. B. POLICY The District has zero tolerance for any conduct that violates this PolicN. Conduct need not rise to the level of a violation of taw in order to violate this Police. Instead, a single act can A iolate this Policy and pro-, ide grounds for discipline or other appropriate sanctions. If You are in doubt as to A hether or not any particular conduct may violate this Policy, do not engage in the conduct, and seek guidance from a supervisor or the Human Resources :Manager. C`. DE!, I NATIONS 1. Protected Classifications: This Police prohibits harassment or discrimination because of an individual's protected classification(s). "Protected Classification" includes race, religion, color, sea, gender identity, sexual orientation (including lieterosexuatity, liortosexuality and bisexualil~ national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition and physical or mental disability (whether perceived or actual). 2. Policy Coverage: This Poiicv prohibits elected officials, officers, employees and contractors front harassing or discriminating against applicants, officers, officials, erployees and contractors because: (1) of an individual's protected classification, (2) of the perception of an indiv idual protected classification, or (3) the individual associates with a person who has or is perceived to have a protected classification. 3. Discrimination: This Police prohibits treating; individuals differently because of the individual's protected classification as defined by this Policy. 4. Ilarassntent: Harassment means unsolicited words or conduct "hick subjectively and objectively offend another person, harassment includes, but is not limited to, the follo" in- examples of behati for undertaken because of an individual's protected classification: a. Verbal harassment, such as epithets (nicknarnes and slang tic-rills), derofatort` or suggestive counnents, propositioning, yokes or slurs, including graphic verbal conrmentarics abmil an individual's bode. or that identify a person on the basis of his or her protected classification. Verbal harassment includes continents on appearance and stories that fetid to disparage those of a protected classification. '426N-3 1'tM3,,,-004 Yorba Linda Water District 54 Personnel Rules page b, Visual forms of harassment, such as derogatory esters, notices. bulletins, cartoons, dra« ings, sexually suggestive objects, or a-mails on the basis of a protected classification. C. Physical harassment, such as assault, touching, impeding or blocking movement, grabbing, patting, leering, making express or implied joh- related threats in return for submission to physical acts, mimicking, taunting, or any physical interference with normal work or movement. d. Sexual harassment, such as unwelcome sexual adN ances, requests for sexual favors. and other verbal or physical conduct of a sexual nature or and of the ahoxe described conduct when: Submission to such conduct is either an expressed or implied term or condition of an individual's employment, or Submission to or rejection of such conduct is used as the basis for emploN ment decisions affecting such indh idual, or iii. Such conduct has the purpose or effect of unreasonabh~ interfering xxith an individual's work performance or creating a hostile, intimidating or offensive work environment. iv. By definition, sexual harassment is not within the course and scope of an individual's employment with the District. D. RONNIAN"TIC AND SEXUAI. RE:L.ATIONS111PS BETV6`ELN SUPERVISORS AND St BORDINATFS Romantic or sexual relationships between super%isors and subordinate employees are discouraged. "Where is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriet} and lead to charges of faxoritism by other employees. A %i elcome sexual relationship may change. with the result that sexual conduct that %%as once welcome becomes unwelcome and harassing. RETA1.,IATI():A Retaliation against a person land his or her associates) who reports or prox ides information about harassment or discrimination is strictly prohibited. An} act of reprisal violates this PolieN and will result in appropriate disciplinary action. Examples of actions that might be retaliation against a complainant. witness or other participant in the 24268-3 1 00 W-00 4 Yorba Linda Water District 51 Personnel Rules page complaint process include: (1) singling a person out for harsher treatment; (2) lowering; a perfarmanc.e evaluation; (3) failing to hire, failing to promote, ~%ithhofding pay increases, assigning more onerous work. abolishing a position, demotion or discharge; or (4) real or implied threats of intimidation to prevent an individual from reporting; harassment or discrimination. Well-intentioned attempts to insulate or protect a complainant by changing his or her work environment or schedule or duties or by transferring; the complainant to another office may be retaliatory. Before a supervisor takes such action, the supervisor should contact the Human Resources Manager. .Any act of retaliation will be treated as a separate and distinct incident, regardless of the outcome of the harassment or discrimination complaint. REPORTING WNRASSMEN'T. DISCRIMINATION OR RETALIATION An applicant, employee, officer, official or contractor who feels he or she has been harassed, discriminated against or retaliated against in violation of this Police should report the conduct immediately as outlined below so that the complaint can be resolved quickly and fairly. All employees involved in the complaint process may be represented by a person of their choosing and at their own expense. 1. Object to The Conduct: Sometimes an individual is unaware that his/her conduct is offensive. The offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is unwelcome and offensive and request that it be discontinued immediately. A person who believes heshe is being harassed is encouraged to use this process. When the conduct in question continues after the offending; person has been informed it is offensive, or if a person does not feel comfortable talking to the offending; person directly, the employee should snake a report in accordance with subsection 2 below or go directly to the formal reporting process. 2. Oral Report: if a person who believes that this Policy has been violated does not want to confront the offending person, he/she should report the conduct to a supervisor. department head or any management employee. The indi%idual may also seek the advice. assistance or consultation of a supcn isor, department head, or an-* management employee. .any superN isory or management employee «ho receives such a report must in tarn direct it to the Human Resources Manager. 'The fluman Resources Manager will determine what level of iniestigation and response is necessary. 2426'4-.3 1 00304)04 Yorba Linda Water District 52 Personnel Rules page 3. Written Process: An individual who believes this Police has been violated may provide a written complaint to a supervisor, department head or any management employee w-ho in turn must direct the complaint to the Human Resources Manager. Individuals are encouraged to use the Confidential Coutplaittt Form for this purpose. 4. Option to Report to Outside :Administrative :agencies: Applicants, employees, officers, officials and contractors have the option to report harassment, discrimination, or retaliation to the U .S. Equal Employment Opportunity Conimission (EEOC) or the California Department of Fair Employment and Housing tDFE11). G. DISTRICT'S RESPONSE 1-0 COMPLAINT OF HARASSM ENT, DiSCRIMIN %T1ON OR RE"TALLVHON 1. Investigation: Upon receipt of a complaint of alleged harassment, discrimination or retaliation, the Human Resources Manager will he responsible for coordinating a thorough investigation (unless he/she is named in the complaint). The Human Resources Tanager may coordinate the investigation w ith the complainant's department head and may hire an outside investigator if tite District deerns it appropriate. The fh pe of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and will be detern-lined by the Human Resources Manager. 'l'ire Human Resources Manager "ill report the status of investigations to the General': Manager as appropriate. The Human Resources Manager, , in concurrence with the General Manager, may take interim action to diffuse volatile circumstances, such as placing the alleged perpetrator on paid administrath a leave or temporarily transferring the alleged perpetrator. Getterall,% no interim action should he taken to change the complaining indix idual's working conditions unless the complaining indi- idual voluntarily consents to the tempos n change. The investigator mill review the complaint allegations in an objective mariner and to the extent that the District deems necessary. The investigation will nortnall% include interviews with the reporting individual, the accused, and any other person ~+ho is believed to have relevant know ledge concerning the allegations. The investigator will remind all witnesses to maintain ttte confidentiality of the interiew and that retaliation against those w ho report alleged harassment or Ns ho participate in the investigation is prohibited. I'he District takes a proactihe approach to potential Policy Violations and will conduct an investigation if its officers, superisors, or managers become aware that harassment, discrimination or retaliation may be occurring, regardless of %N hether or not (lie recipient of the alleged action or a third party reports a potential violation. 2426,S7.3 X4060-0414 Yorba Linda Water District S3 Personnel Rules page 2. Remedial and Disciplinary Action: If the investigation determines that the alleged conduct occurred and that the conduct violated this Policy, the District will notify the complainant and perpetrator of the general conclusion(s) of the investigation and take effective remedial action that is designed to end the violation(s). Any employee or officer determined to have violated this Policy will be subject to disciplinary action. lip to and including termination. Disciplitlam action may also be taken against any official, supervisor or manager vvho condones or ignores potential violations of this. Policy, or Hyho otherwise fails to take appropriate action to enforce this Policy. Any official or contractor found to have violated this Policy will be subject to appropriate sanctions. 3. Closure: At the conclusion of the investigation, the Hunian Resources Nianager will notify the complainant in general terms of the outcome of the investigation. 4. Confidentiality: Evens possible effort will be tirade to assure the confidentiality of complaints made tinder this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate potential Policy violations and take effectiv°e remedial action. An individual who is interviewed during, the course of an investigation is prohibited from discussing the substance of the interyievv, except as otherwise directed by a supervisor or the litiman Resources 'manager. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The District 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 a court order. ff. RESPONSIBILITIES Of' EMPLOYEES, NIAN.AGE,MUN T AN`D SUPERVISORY ENIPt..ON LES 1. Employees: it, order to establish and maintain a professional yvorking environment, while alt the same time preventing harassment, discrimination, and retaliation, employees are expected to: Set an example of acceptable conduct by not participating in or provoking behavior- that violates this Policy. Try not to be angry or insulted if an indi%idtial tells you that your behavior is otTensive. People have different ethical salt€es and standards and naafi be offended by behavior yon think is proper. Tell the individual you did not realize solar behav for vv as offensive, arid intnaediately cease the conduct, Let fellow employees knoay when you consider behavior offensiyc. The District hires people from a wide variety of cultural and ethnic -3 1 00,30~Of )4 2 4 ? W4 Yorba Linda Water District 54 Personnel Rules page backgrounds, and an individual may not realize behavior he or site thinks is proper could be seen by others as offensive. • Report harassment. discrimination or retaliation as quickly as possible, holler the employee is the target of the conduct or a wittless. • If an emploN,cc witnesses harassment, lie or she should tell the individual being harassed that file District has a policy prohibiting such belias ior. and that lie or she earl demand that the harasser cease the Behavior. • Maintain confidentialit% as required bN this Policy. • Fully cooperate with the District's investigation of coruplaints made tinder this Policy. 2. 'tanagers and Supervisors: In addition to the responsibilities listed above, managers and supervisors are responsible for the follosi iris;: • Irriplementing this Policy by taking; all cornplaints seriously and modeling behavior that is consistent with this Policy'. Direct all complaints to the human Resources Nlairia ger. • Taking positive steps Io eliminate any forth of harassment, discrimination or retaliation observed or brought to his/her attention. • Making sure no department director, super-visor or tither employee retaliate: through any action ofintirnidation, resir•aiint, eoercimi or discriniiraatlon. • Monitorii3~; the Nvork environment and taking appropriate action to stop potential Policy violations. • Follawinl; tip with these who have complained to ensure the Behavior complained of has ceased. • Informing eoniplaiinants of their option to contact the EEOC or DFEH regarding a potential Police %iolation. 2 4268,3 \0030-Otl.i Yorba Linda Water District 55 Personnel Rules RULE 10. DISCIPLINE 10.01 CAUSE page The tenure of every employee in the competitive service who has passed probation ihall heis conditioned by good behavior and satisfactory work performance. Any employee in the currrpetitive se n ice may be subject to disciplinary p-i-o et urtesac tion for good cause. The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered pertinent. Cause may include violation of the Personnel Rules, or of any other policies and procedures, included but not limited to any of the following: A. FRAUD IN SECURING EMPLOYMENT: B tn,xiS in,:._ Vl along a false statement on an application for employment or on any supporting documents furnished with or made part of any application. B. INEFFECTIVENESS: Sty h tailor-Failure to meet or comply with minimum standards of a position which can include excessive absences or repeated lateness for work. C. NEGLIGENT PERFORMANCE: ;eh-as tfailtfreF:ailure to perform duties required of an employee in that position. D. DISOBEDIENCE AND INSUBORDINATION OIZ J,,NS H10RDI V,A"l'E CONDt (J.- Such as a willful failure to conform to duly established orders or directions of persons in a supervisory position or acting in an instilling or demeaning 11ranner- toi~ard a supervisor. E. DISHONESTY: F. SUBSTANCE ABUSE: Being under the influence of alcohol or illegal drugs while on dut-,. G. VIOLATION OF RULES: Violation of the District Personnel Rules, departmental rules, or professional standards. H. DISCOURTESY: Discourteous treatment of ec3 c'•ri: °rt~tlrer einploNces or members of the public. 1. PROPERTY USE: Improper or unauthorized use of District property. '-426h-3 1 (PIJO tHf4 Yorba Linda Water District 56 Personnel Rules page J. MISCONDUCT: Any act of misconduct undertaken in bad faith, either during or outside of duty hours, of such a nature that it causes discredit to fall upon the District, or which impairs the employee's ability to effectively perform their job duties and responsibilities. K. ABUSE 0 L:EAN!E: Suer ,as abuti-e.Abuse of sick leave or other leaves. -credks. c r L. CARELESSNESSINEGLIGENCE: Careless or negligent behavior in the care or handling of District property. N1. WORK I NC OV1A::RTIA1E: LOIT110t1* A1111IORIZVFION' 10.02 TYPES OF ACTIONS The types of disciplinary actions included under this policy are: Verbal RrrtrindtrsReprimand, Written RentiodetsREpriman(i, Contemplation Leave, Suspension Without Pay, Involuntary Demotion, Reduction In Pay, and Termination. For each type of disciplinary action, certain steps and chic' 1)j- procedures must be followed. A supervisor who is considering a disciplinary action beyond a verbal remh,,oerrepr marid should discuss the circumstances of the situation with the Personnel Officer before taking any action unless the particular situation requires immediate action. A supervisor is not required to take disciplinary action in sequential order. Depending upon the specific circumstances of the violation, the supervisor should determine which action (or actions) is appropriate. 10.03 PROGRESSIVE STEPS Disciplinary actions may, but are not required to, be taken in progressive steps as follows: A. VERBAL R i ? f:)i i21Z I.Igl~ 11. E) : The supervisor holds a Verbal Keminderl4printand meeting with the employee. The purpose of the meeting is to explain the employee's conduct or acts which are in violation of District Rules, policies or practices, and to remind the employee of the behavior that is expected in the future, and the consequences of not meeting the performance expectations of the supervisor. B. WRITTEN i 4# l- t~ } K 1: I~ Et 111;A D: The supervisor prepares a Written i2eminde-Reprimand memo. The written r iniittlerrvprimand ,Iiak constitutes notice of the infraction(s) including time "Indthe circumstances. The supervisor will hold a Written t} ii erllel~riittancl meeting with the employee. Employees who have received written reminders are entitled to the following. foie JWF s : 1. A meeting with the supervisor to discuss the contents of the written :'ei~~irw I eprintatttl. 2 44 X1.3 i(MJ01ii113 Yorba Linda Water District 57 Personnel Rules page 2. The opportunity to present a written response to the written reitlindei-repritnand. Fhe io ritten reprimand and the response ~8 ill be placed ~intl Ao -htt\-c tl f-- k-riiten rc ti,ponse cc i kit-red t3e€i ee t mitten rt-minder is- -plttvt~i in the employee's personnel file. l lte-et yee must sul?n-tit ttnv NNritten response tee the Per c" c~} t lt'#{ee~. to t Ci,i it a~41e4.{ tcs tl ~ t tt<~rt lac rtttet3 reminder for 3. The employee has ten business days from receipt of the written te+nirttlerreprimand in which to write a response to it.. and-of request and 66 at•inafly meet c.•itlt the person is;ttim." t}3e ifefl3indt-r di"'Cus, iii C01,11011S. E{~ i~ttet..;~t tip rearlilklef Nvi] -then consider it and based on that consideration. either withdra,.l- the-v ritten, "-"tit-tiler car sttl►ntit it to the Persofift-K-i-O ieer-R~r-fltteement in tl•te en,4~+>yee's persc-nmiel-pile. I-lie em-pklVet s-Wr-f1ten reslktttse. Katty. will also-be placed in the P- rsrx+ttel--Hle C. CONTEMPLATION LEAVE: An employee may be placed on a one-day Contemplation Leave with pay to allow that employee time to consider the expectations of their supervisor. In implementing a Contemplation Leave, the supervisor will follow all of the steps listed under the Written Reminder section of this Rule. In the memo to the employee the supervisor will include an explanation that the purpose of the Contemplation Leave is for the employee to consider the expectations of the supervisor. The employee may, at their option, prepare a written statement concerning the supervisor's expectations. When the employee returns from Contemplation Leave, the employee shall meet with the supervisor to discuss the expectations of the supervisor. The supervisor will review any statement prepared by the employee. The employee shall be warned that failure to comply with the reasonable expectations of the supervisor may be grounds for discipline up to and including termination. D. SUSPENSION A ITHOUT PAY: An employee may be suspended without pay. ti r up tt~ tltil : - f~tiert~Ear tl~t~ When placing an employee on Suspension Without Pay, the supervisor y1 ftN« ill follow all of the steps listed under the Notice of Intent to Impose Discipline (Section 10.04), Preliminary Hearing (Section 10.05), and Appeal Rights (Section 10.06). E. INVOLUNTARY DEMOTION: An employee may be demoted to a classification having an overall lower salary range. When demoting an employee, the supervisor shalintttst follow all of the steps fisted under the Notice of Intent to Impose Discipline (Section 10.04), Preliminary Hearing (Section 10.05), and Appeal Rights (Section 10.06). F. REDUCTION IN PAY: An employee maybe reduced in pay to a lo%~ er step is ithin the pat rant c. When reducing the salary of an employee, the supervisor Ali llntust follow all of the steps listed under the Notice of Intent to Impose Discipline (Section 10.04), Preliminary Hearing (Section 10.05), and Appeal Rights (Section 10.06). 1426a'A N 4NI O-4104 Yorba Linda Water District 58 Personnel Rules page G. TERMINATION: When it is necessary to terminate an employee, the supervisor shal rnust follow all of the steps listed under the Notice of Intent to Impose Discipline (Section 10.04), Preliminary Hearing (Section 10.05), and Appeal Rights (Section 10.06). 10.04 NOTICE OF INTENT TO IMPOSE DISCIPLINE A. REQUIREMENTS: A Notice of Intent shall be given to the employee whenever the District intends to discipline by: Suspension without pay: Reduction in pay; Demotion to a classification with a lower salary range: or Termination. B. CONTENTS: The Notice of Intent sl?aflNk ill inform the employee of the disciplinary action intended and the effective date of the intended action. It 4haliNN ill set forth the nature of the infraction(s), any previous disciplinary actions taken, how the employee's conduct has had an adverse impact on the District's operations, and be accompanied by all materials upon which the action is based, and notification that the employee has the right to respond orally or in writing to the Personnel Officer within five business days from the date of issuance of the Notice of Intent if personally served, or ten calendar days if served by mail. Whether delivery is made in person or by mail, the Notice of Intent : ha! Ni ill contain a "statement of delivery or mailing" indicating the date on which the Notice of Intent was personally delivered or deposited in the United States Mail. Such date of delivery or mailing - lh,ilhs i [I be the "date of issuance" of the Notice of Intent. 10.05 RESPONSE TO NOTICE OF INTENT/WRITTEN RESPONSE OR PRN:I.I NIIN NN 1-11,.ARING A. WRITTEN RESPONSE TO NOTICE: The employee siiall Pais entitled to respond in writing to the Notice of Intent. Such response mast be received by the Personnel Officer within five business days from the date of issuance of the Notice of Intent if personally served or ten days if served by mail. After review of an employee's timely response, if any, the Personnel Officer sh.114A ill notify the employee of any action to be taken. Such action to be taken may not include discipline more severe that that described in the Notice of Intent; however, the District may reduce such discipline without issuing a further Notice of Intent. B. PRrI_Ih-ITNARY HEARING: An employee who receives a Notice of Intent may request a hearing on the Notice of Intent. The request for such a hearing sl=e;lrmrsr be delivered to the Personnel Officer within five business days of the issuance of the Notice of Intent if personally served and ten calendar days if served by mail. Upon the receipt of a request for a hearing, the Personnel Officer 4)rHir~ ill schedule an informal hearing to take place within five business days with the employee and supervisor to review the proposed action and allegations. I'ite informal hearing; is not an eN identian hearing but is an opportimitl for ti)e employee to tell his/or stop. '_a2,>x'.3 ti'rxMu.iuw Yorba Linda Water District 59 Personnel Rules page C. SUSPENSION WITH PAY PENMING DETERMINATION OF DISCIPLINARY ACTION: An employee ri-tiiyNt ill be placed on suspension with pay pending aia 11 i• "St-N }TISt 0e N Y i it"e , 5 Y' J i- m-fi# -and- a determination by the Personnel Officer of the disciplinary action. D. PERSONNEL OFFICER'S DETERMINATION: Within five business days following the conclusion of the hearing the Personnel Officer sfiallk% ill issue and deliver to the employee a written statement of the decision to uphold, modify or reject the proposed disciplinary action. 10.06 APPEAL RIGHTS Suspension without pay, reduction of pay, demotion or termination may be appealed to the General Manager by filing a written request for a hearing within ten calendar days after notice of that action; or fifteen calendar days if served by mail. The General Manager may hear the matter or may appoint a hearing officer to hear the matter and crake a recommendation to the General Manager. The hearing si:ali~v"ilt be conducted as soon as it can reasonably be scheduled by the General Manager or appointed hearing officer. The hearing shalfs~ ill be conducted in a manner most conductive to determination of the truth, and technical rules of evidence wiix,lldo not apply. Both the employee and the department head recommending the action may have representation at the baring, and sha44 be given the opportunity to present and challenge evidence. A written decision shall be prepared and given to the employee. In the event the action involves a department head or other employee who reports directly to the General Manager, the Board of Directors sly€ilkN ill conduct the hearing or appoint a hearing officer to hear the matter and make a recommendation to the Board of Directors in accordance with the provisions of this section. 10.07 PLACEMENT IN PERSONNEL FILE Official disciplinary action documents shallN~ill be placed in the employee's personnel file Nviten the discipline is final. 10.08 EINIPLONTE ACKNOWLEDGEMENT ;i disc lplinal-{ r;4 ic~tt t err- #~~"1'l~c employee hallr% ill be asked to acknowledge iliceach document in the disciplinary process by signing that it was received. 10.09 INVESTIGATORY LEAVE Yorba Linda Water District 60 Personnel Rules page An employee may be placed on investigatory leave with pay to allow their supervisor to fully review the facts of an alleged violation. 10.10 EMERGENCY SUSPENSION An employee may be removed from the work place immediately without pay pending an investigation because of their gross misconduct which has resulted in a potential emergency situation, including but not limited to, situations which may endanger life or property. Such removal shall not exceed 24 hours, at which time the employee shii1 mill be given a Notice of Intent to Impose Discipline, or returned to full-pay status. If no discipline is imposed, the employee will be repaid for any time off without pay. 10.11 EXTENSION Any time limitations or requirements as set forth under this policy may be extended or changed by mutual agreement of the parties in %i ritin. 1.0.12 DELIVERY OF NOTICE When Notice is required, the notice r«,i ill be given to the affected employee either by delivery of the notice to the employee in person; or if the employee is not available for personal delivery, by posting the Notice of lnie~u---by Certified United States Mail, return receipt requested, addressed to the employee's last known home address. It shall be the responsibility of the employee to inform the Personnel Officer, in writing. of their current home address, and of any change in such address. The information provided :#?c ill constitute the employee's "last known address." Such personal delivery or mailing Y'haihW ill be presumed to provide actual notice to the affected employee. _ ._,,,r:. t . 1-4 Z QWS', N 010I14W4 Yorba Linda Water District page 61 Personnel Rules RULE 11. GRIEVANCE PROCEDURE 11.01 PURPOSE OF GRIEVANCE PROCEDURE The purpose of this section is to enhance communications between the District and its employees by providing a fair and impartial review and consideration of grievances at the level closest to their point of origin within a reasonable time period without jeopardizing the employees' position or employment. All levels of management and supervision are expected to inform and encourage employees to discuss matters affecting their employment. 11.02 DEFINITIONS A. GRIEVANCE: A claim by a regular employee in the competitive service that the District has violated, misrepresented or misapplied an obligation to the employee, as expressed in the Personnel Rules, Memorandum of Understanding or other administrative rules, procedures or regulations. Disciplinary actions, the content of performance evaluations, rejection from probation, and merit adjustments, reclassification, layoff, transfer or challenges to examinations or appointment are not subject to the grievance procedure. It l ~ t lf-ealnlenl of an empkyee and violtiflioit, Jilt! }'t t4ite -t•e. tti3+-.tr !11e stir>l~e ;t~~.~s}e~ .~t a fare,. However. th [h grievance procedure shall not be used to establish new policies or change any existing rules. B. GRIFVANCE PROCEDURE: The process by which the validity of a grievance is determined. C. REPRESENTATIVE: A person who at the request of the employee or management is invited to participate in the grievance conference. 11.03 GRIEVANCE PROCEDURE A. INFORMAL PROCEDURE: Whenever possible, an employee who has a complaint should try to solve the problem through informal discussion with their supervisor without delay. The supervisor shall make whatever investigation is deemed necessary and reply within five working days. Any matters for which the supervisor does not have the necessary authority to make a decision should be brought to the attention of the nearest level of management which has the requisite authority. If the employee is not satisfied with the decision reached through the informal discussion, they may bring the matter to the attention of the next level of authority. If the employee is still not satisfied with the decision, they may file a formal grievance within fifteen working days of the occurrence of the event or action giving rise to the grievance. Yorba Linda Water District 62 Personnel Rules page B. FORMAL PROCEDURE: The formal grievance procedure may be followed only after failure to resolve a problem through informal grievance adjustment. If the employee is not in agreement xvith the decision reached, they may within fifteen working days of the occurrence of the event or action giving rise to the grievance, file a formal grievance in writing with the Personnel Officer with a copy to the General Manager. The Personnel Officer shall make whatever investigation is deemed necessary to allow fair consideration of the situation and shall present a written reply to the employee within ten working days after receipt of the grievance. A copy of the reply shall be forwarded to the General Manager. If the employee is not satisfied with the decision of the Pe appeal to the General Manager within five working days Personnel Officer. Within ten working days, the General which shall be final and binding on all parties. The C investigation is deemed necessary to allow fair consideral written reply to the employee within ten working days aft 11.04 GENERAL PROVISIONS onnel Officer, they may file a written leer having received a reply from the :anger shall make a written decision feral Manger shall make whatever n of the situation and shall present a receipt of the grievance. The Personnel Officer s-hffilA ill receive and retain copies of all written materials pertaining to the grievance. Employees may represent themselves, or select a representative. If an employee fails to proceed with a grievance within any of the time limits specified in this section, the grievance shall be deemed settled on the basis of the last decision reached. However, any of the time limits specified in this section may be extended in tN riting when mutually agreed upon by all parties concerned. Either the grievant, the Personnel Officer or the General Manager may request a meeting to review the grievance prior to a decision. When it is necessary for a grievant or designated representative to attend a grievance meeting or hearing with management during the workday, they will be released without any loss of pay in order to permit participation in the foregoing activities, provided advance arrangements are made with the employee's Department Head. No retribution or prejudice shall be suffered by employees making use of the grievance procedure by reason of such use. ? 3"?6$".3 t f 3!1311-INSX Yorba Linda Water District 63 Personnel Rules page RULE 12. EMPLOYEE REPRESENTATION ORGANIZATIONS 12.01 PURPOSE This Rule, authorized under the provisions of Sections 3500-3510 of the California Government Code (entitled the Meyers-Milias-Brown Act) is intended to establish procedures for recognition of employee organizations, and to promote communication between the District, its employees and recognized employee organizations so as to provide a reasonable and orderly method of resolving questions regarding wages. hours and other terms and conditions of employment. 12.02 DEFINITIONS Terms used in this rule will have the same meaning as they have in the Meyers-Milias-Brown Act, except that all terms defined in this section will he construed, for purposes of this Rule, according to the definitions of this section. A. MANAGEMENT EMPLOYEE: Any- fnerr} _ € f---the---f3 mfd of Direvi-efs.- err <4 aiyy 1 iiv tl~ -Boart#- of i)rretttws~-ftr*k-..<s;ny s tler'vi of;~ of G's 11#tdeiitiai its those ter-roi af -defined it) Ihis, :i-if i- The Pefsot l Officer shall Aesig-nattz---all- position's to--~ itrel~<decl -k\4thira _.t.l<e # fit chi ies -o f ;AdmiriiS4f ttive. Str rti istrry < r - C` err#itlerttitti emplo-', # r purposes < - 4nplf yer-enrl lc i ,ations.An employee having; responsibility For formulating, administering or inatiaging the implementation of INstrict Policies and prograins. A management employee customarily and regularly exercises discretion and independent judgment. 9: - kDNJi II-"TR k l l-V-lt-I,k1P1.f-)YF : ~np~3 e r~lt use pri+~~r~~, ittt~ tt~ 4, - tlie perk) ff« e --of otiic e Or -fK_M--91anttu€- tkc1rk fiirec t ly related t<> s tattage rte -pt l or --enefdi bLbines rl r~tti r~s t~ ' t1~e Eistrict - ~v1i« c tt;t tna ila- at 1..te tilarl erti cli tretic*ft -ttttl it iepet 4er~t-.._jttt# rrn € rtr~c# wbo _ regtti l~ _ami directly ash anotfi r anai!e Trent employee.---of - ho perfor'nts -only-tndti r general : ttper ion---wxyrk ah>rtg -teehnical lim-s reyutrint; - specialized traini~ eel iertce o kt~tr~~~c~ - «r.. lt<3 ~tectt~ tier t~rtis 4~e testtl t~pert is_h, ~ special assignments and (asks. cH. SUPERVISORY EMPLOYEE: An employee having authority to exercise independent judgment to hire, transfer, lay off, recall, promote, discharge, assign, reward or discipline other employees; or having the responsibility to direct them, or to adjust their grievances, or effectively recommend such action. As used in this section, "effectively" means that the exercise of such authority is not of a routine or clerical nature, but requires the use of independent judgment. 2820-_3 5 4 )0311-004 Yorba Linda Water District 64 Personnel Rules page DC. CONFIDENTIAL EMPLOYEE: Any employee whose duties would give the employee access to confidential decisions or decision making processes of the District concerning any matter relating to employer-employee relations. 1_;I7. RECOGNIZED EMPLOYEE ORGANIZATION: An employee organization that the District has formally acknowledged as representing the majority of the employees with an Employee Unit designated by the Per-sonn-l OfictrIDistrict Representative. An employee organization so recognized shall be the only Recognized Employee Organization for the Employee Unit for purposes of employer-employee relations. including; to meet and confer r9 ith the District and assuming the obligation of fairly representing the employees in the unit. h11". EMPLOYEE REPRESENTATIVE: The authorized representative of an Employee Organization. No more than one Employee representative shall be permitted to communicate with the District Representative at any state of employer-employee negotiations. A Recognized Employee Organization shall designate its Employee Representative in advance of any negotiation and shall notify the District of such designation. GF. DISTRICT REPRESENTATIVE: The Per: omi i t- ffie-erGeneral Manager shall be the District Representative in employer-employee relations. t4(;. EMPLOYEE UNIT: A unit which has been established in accordance with Section 12.05. I l 1. i ; € rt € i:A t I ON N i V FT V\ f) 0 N FL R: The process by which an Employee Representative and the District Representative meet a reasonable number of times and confer in good faith in an effort to agree upon joint recommendations for presentation to the Board of Directors regarding wages, hours and other terms and conditions of employment. The I_W-20 im:ionmeet and confer process does not obligate either party to accept a proposal or to make a compromise. ?1. IMPASSE: The point at which either the District Representative and an Employee Representative ee#~ nitre` ~ 's € ihe~, are tr:r£111le io Fett-d3 m~ f. ,r, sir r s +r rg k"ter v'hic#i slle f )iStr-ic? 1-" reqttrr € rr {-a k't cont;er ill l tttt~. at a ~ ~~t~kies the i~ythter-pall-y--in w-r-ttirr-n, haze reached i point in their meeting and conferring "here their differences o-*er matters over NNhich theD are required to meet remain so substantial and prolonged that further uneeting and conferring would be futile. i<.I. DECERTIFICATION: The process of withdrawing recognition of a Recognized Employee Organization in accordance with Section 12.11 of this Rule. 12.03 DISTRICT RESPONSIBILITIES AND RIGHTS 242t,X ..r N 04130-fN4 Yorba Linda Water District 65 Personnel Rules page To insure that the District is able to carry out its statutory functions and responsibilities, the following matters will not be subject to the ineet and confer process, but shall be within the exclusive discretion of the District:. A. The right to direct the work force. B. The right to select and determine the number, qualifications and classification of employees required. C. The right to assign work to employees in accordance with the requirements determined by the District. D. The right to establish and change work schedules and assignments. E. The right to hire, transfer, and promote or lay off employees for lack of work or funds, and to suspend, discipline and discharge employees for proper cause. F. The right to expand or diminish service. G. The right to contract any work or operations of the District. H. The right to determine and change methods of operations. 1. The right to determine salary ranges for new job classifications prior to appointment of any persons to fill such classifications. J. The right to determine and change, at its sole discretion, the number of locations, relocations, types of operations, and the processes, and material to be employed. K. The right and responsibility of final decisions regarding wages, hours, and other terms and conditions of employment. Such right and responsibility shall be within the exclusive discretion of the Board of Directors. 12.04 EMPLOYEE RIGHTS Employees shall have the right outside of their regular working hours to form, join and participate in the activities of employee organizations of their own choosing. They shall also have the right to refuse to join or participate in the activities of any employee organization and shall have the right to represent themselves individually in their employer-employee relations with the district. Neither the District nor any employee organization shall interfere with. intinudate, restrain. coerce, or discriminate against employees who exercise their rights under this section. 4268- .3 N (MAO-044 Yorba Linda Water District page 66 Personnel Rules 12.05 DETERMINATION OF APPROPRIATE EMPLOYEE UNIT In order to be recognized for the purposes of meeting and conferring with the District, an employee organization must represent a majority of the employees in an employee unit to be designated by the Pe'."±onnel O#l Ilistriet Representatk'e. The principal criterion to be used by the t' rh *raG}tl cerDisl rict R prese:ntalk e for determining an appropriate employee unit shall be the largest feasible groups of employees having a community of interest. In addition, the following factors are to be considered b},-- 41tt 13erso-nne -Officer in making such determinations: A. Which employee unit will assure employees the fullest freedom in the exercise of rights set forth under this Rule. B. The history of employee relations in this unit and among other employees of the District and in similar public employment. C. The effect of the unit on the efficient operations of the District and sound employer- employee relations. D. The extent to which employees in the unit have common skills, working conditions, job duties or similar educational requirements. E. The effect on the existing job classification structure of dividing a single job classification among two or more units. F. No employee unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized. G. Management employees shall, as a condition of employment, not represent a Recognized Employee Organization on matters within the scope of representation, nor shall they serve on committees of a Recognized Employee Organization at the time such committee considers matters of wages, hours, and conditions of employment of the District, except in the case of an employee unit consisting solely of other Llrri i~tr=.ii<~raaiear~erit, Supervisory or Confidential employees. 12.06 PROCEDURE FOR RECOGNITION OF EMPLOYEE ORGANIZATIONS An organization representing employees which seeks recognition as the majority representative of the employees in an employee unit shall file with the ?t>~.r~=;r~~-=tt)isrrict Representat ix e a petition containing the following information: A. Name and address of the organization Yorba Linda Water District page 67 Personnel Rules B. Names and Titles of its officers. C. Name of the authorized Employee Representative and any alternates. D. A statement that it is or is not a chapter or local if, or affiliated with, a regional or state or national or international organization, and if it is, the name and address of each such regional, state, national or international organization. E. A teriizied copy of the employee organization's constitution or by-laws, which shall contain a statement that the employee organization has, as one of its primary purposes, the representation of employees in their employment relations with the District. P. A statement that the organization includes employees of the District as its members who have designated such organizations to represent them in their employer-employee relations with the District and a list which demonstrates proof of such designation by at least thirty percent (30%) of the employees in each Employee Unit, sought to be represented, thorough signed membership cards or the means determined by the per~,,onne} ()1 cerDistrict lZepresentati-,. Such a list shall include each such employee's name, classification title and department where employed. Such signatures shall have been obtained within the 90 days prior to their submission to the District. G. A statement that it has no membership restrictions based on race, color, creed, national origin, sex, sexual orientation, inarital status, disability, age or other status protected bylaw. The request for recognition, including the accompanying documents shall be verified under oath, by the executive officer of the petitioning organization. H. Petitions for recognition of employee organizations shall be considered by the #~er~t°.fi e# t3 ~ri?istrict Representative during the month of March. If the Perst.ii,e; t 11111 rDistrict Representative finds a petition for recognition of an employee organization to be properly presented, hetshe shall post a notice to such effect in a place where employees of the Employee Unit or Units sought to be represented shall have access for not less than fifteen working days. If a request challenging the representation of the unit by the petitioning organization is not filed as provided below, the Ptn,,sor rwi t ftieerDistrict 1~ epresentati. a shall arrange for an election among employees in the Employee or Units sought to be represented at the earliest reasonable date. In such election the voting employees shall designate in writing whether they seek to be represented in their employer-employee relations by the organization in question. Ballots in such elections shall include the choice "No Organization." 1. Within fifteen working days after the date that the notice to employees is posted, another employee organization may file a challenging request seeking to become the Recognized Employee Organization of the same Employee Unit or Units. If such challenging organization meets all the criteria outlined in this section, the of ;t>t`,i e -4 i,ix ~ i District Rvpresentat6 e shall 2420,-_4 10630,004 Yorba Linda Water District 68 Personnel Rules page arrange for a secret ballot election conducted by the California State Conciliation Service or some other service agreed upon by the District and all petitioning employee organizations. Ballots in such an election shall include the choice "No Organization." The cost of such an election shall be borne equally among the participating employee organizations. J. An organization shall be designated as a Recognized Employee Organization for an Employee Unit if receives favorable votes from more than fifty percent (50%) of the employees of the representation unit at such election. K. There shall be no more than one representation election in any twelve month period within the same Employee Unit. 12.07 S(-OPI> OF II~:PI~E~+Etti=1=~I'1~1tiC:l2. `U"1'[~Cp RECOGNITION WITH()VT AN E14,C TION": hi the evem there,- is-a-41spttt over tile soz?pe o teines~ i~~rt~i whether _a ~n~~tter ~ ~tti t to tt tiiV- aril Lon~rfing in *c €aitt fttid--the ,,Ries do -not N~,,4tmtarity resolr-e Ihai dispute -the matter- wil9 he subrniut to the Dist-riet l e ~1 ~ t~ttt~el who shall tr~ake rec~~rr ?:e~attl ~r~ to-the Pe stj te] €Alfcer ti3r final t etemiinatlown, If the proof of support shows that a majotito of the employees in the appropriate unit have designated the petitioning employee organization to represent them. and if no other employee organization filed a challenging petition, the petitioning employee organization and the District Representative shall request the California State Mediation and Conciliation Sen ice, or anther agreed upon neutral third party, to review tite count, form, aectirac% and propriety of the proof of support. If the neutral third partyv makes an affirmative determination, the District Representative shall formally aeknowledge the petitioning employee organization as (he Recognized Employee Organization for the designated unit. 12.08 TIMETABLE FOR SUBMITTING REQUESTS Requests for changes in wages, hours and other terms and conditions of employment shall be submitted to the District by Recognized Employee Organizations by May 1 of each year. 12.09 NEGOTIATION'S Upon request, a Recognized Employee Organization may meet and confer ewtnuui!+,, with the District Representative or designee(s) on wages, hours and other terms and conditions of employment. file pantie ;o _t M,--t!o- -nduni l 1 -it4-zV 114nd,t14.,F :v' + kont~-er term.. A4reements reached as a result of negotiations may be reopened only upon the agreement of both the District Representative and a Recognized Employee Organization. Negotiations shall conclude by June 1 of each year. unless extended beyond that date by the agreement of both parties. Negotiations shall not be required on any subject preempted by Yorba Linda Water District 69 Personnel Rules page federal or state law, nor shall negotiations be required on employee or District rights defined in Sections 12.03 and 12.04 of these Rules. 12.10 DISPOSITION IF IMPASSE Upon Impasse, as defined in Section 12.02-J, the following procedure shall be followed. A mediator will be selected by mutual agreement between the District Representative and Employee Representative. If agreement is not reached within five days, the State Office of Mediation and Conciliation will be asked to provide a mediator. The mediator will meet with the parties in private to aid in the voluntary adjustment of the impasse. The mediator may also be authorized to make confidential. non-binding recommendations for the resolution of impasse. If the parties are unable to reach agreement after mediation, the matter shall be submitted to the Board of Directors for final determination. 12.11 DECERTIFICATION At any time after a period of 12 months following the date of recognition, requests for decertification or change of a Recognized Employee Organization may be submitted by employees in the Employee Unit to the Personnel O icerl)istrict Representative. Such decertification or change requests must be accompanied by a petition signed by at least thirty percent (30%) or those employees in the Employee Unit. Signatures on the petition must have been obtained within the ninety calendar days immediately preceding the date of submission to the Pers~>nr}e t)tti rrDistrict Representative. The Per-,mnel t_ t#;icerDistrict Representative shall determine whether decertification or change petitions meet the criteria provided in this section. If a petition is found to meet these criteria, the ijer,t>nnel 00i,.:erl)istrict Representativv shall arrange a secret ballot election to decide whether or not the Recognized Employee Organization continues to represent a majority of the total ofob ationari-- mxi--re-g-tt4ar--employees in the Employee Unit, or whether another employee organization should be recognized as the Recognized Employee Organization for that unit. The cost of such an election shall be borne equally by all participator ; parties. The Personnel Officer is authorized to establish procedures to carry out the intent of these rules. 12.12 PROCEDI RE FOR :VIODtH'iC.NHON Of' ESTABLISHED APPROPRIATE: 1 NIT Requests bN emplo} ee organizations for modifications of established appropriate units maN be considered bN the District Representati~ a onlN during the period of 30 dai=s prior to 3 months before the expiration of any Memorandum of understanding in effect. Such requests shall he submitted in the form of a Recognition Petition and. in addition to the requirements set forth herein, shall contain a complete statement (of all rele%ant facts and 2 i 2 n.+t".3 1 r rU.i+t-ttu Yorba Linda Water District 70 Personnel Rules page citations in support of the proposed modified unit. The District Representat4e will process such petitions as ether Recognition Petitions under this Rule. 12.13 PROCEDURE FOR PROCESSING SEVERANCE REQUESTS An employce organization may file a request to become the recognire--d employee organization of a unit alleged to be appropriate that consists of a group of employees %i Ito are alreud,% a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Section 12.12 for modification requests. 142e8?.3 \ 041.01-004 CONFIDENTIAL HARASSMENTIDISCRIMINATION COMPLAINT FORM 2 3 4. Do you believe that you have been harassed or discriminated against. ❑ YES ❑ NO If you answered "YES" please check the box which identifies the reason you believe you were harassed or discriminated against. Because of my: ❑ race ❑ religion ❑ color ❑ sex ❑ gender identity ❑ sexual orientation ❑ national orientation ❑ ancestry ❑ citizenship status ❑ uniformed service member status ❑ marital status ❑ pregnancy ❑ age ❑ medical condition ❑ physical or mental disability Briefly summarize the facts that support your belief that you were harassed or discriminated against. List any witnesses who saw, heard or have reason to know of the harassment or discrimination. Employee signature Date 252766.1 Y0030-004 I ' As of April 22, 2008 N Salary Range Position Classification 1-11 (TemporaryHelp) 12 13 14 15 (Customer Service Representative 1 16 Meter Reader I AGENDA ITEM NO. 3 Authorized Positions Start Auth Emp Status/Comments Date 0 0 17 (Accounting Assistant I (Customer Service Representative II Engineering Secretary Maintenance Worker I (Mechanic I (Operations Secretary 18 (Meter Reader II 9 Customer Service Representative III OR Storekeeper 20 (Engineering Technician I Maintenance Distribution Operator 11 Meter Services Technician (Water Quality Technician 1 21 Accounting Assistant 11 Facilities Maintenance Mechanic II 22 Information Systems Technician I Water Quality Technician II 23 Executive Secretary Maintenance Distribution Operator III Meter Services Representative Mechanic III Personnel Technician Plant Operator 11 1 1 I 1 I I 2 1 Recruitment opens 04/28/08 and closes 05/19/08 1 1 1 1 1 I 1 1 I 1 I I 11111 I 8 8 Made offers to Anthony Varian, Jorge 05/05/08 Lopez, Cody Nottingham and Matt Ostiz 1 1 1 12 1 2 I I 12 1 2 I 1 1 ~ 1 I I 0 I 0 8 I 4 (Will under fill with Maintenance Worker I 1 I 0 (Will be filled with Mnt. Dis Op II 0 I 1 (Hired Ruben Maldonado 03/31/08 2 1 Recruitment closed 04/08/08. Will schedule interviews with Department 1 1 1 1 1 I 1 0 0 1 I 1 1 I 1 I I 1 I 0 (Will under fill with WQT I. 1 0 Recruitment opened 04/15/08 and closes 05/06/08 1 5 1 5 1 I 1 1 1 1 I 11 11 1 I 1 1 Hired Amelia Cloonan 03/17/08 Additional operator position will be assessed by the GM after the 4 3 Instrumentation Technician is filled. 0 71 Authorized Positions alary I I I Start Range Position Classification I Auth I Emp I Status I Date 24 Construction Inspector 1 1 Engineering Tech II GIS Technician Information Systems Technician II/Programmer 25 (Assistant Administrator I (Human Resources Analyst Instrumentation Technician Sr. Accountant 3 13 11 1 1 1 I 1 I 1 IOn hold per General Manager I 1 I 1 1 0 Recruitment closed 04/08/0/8.Will schedule interviews with Department 1 1 26 GIS Administrator ( Project Engineer Sr. Construction Inspector Sr. Fleet Mechanic Sr. Maintenance Distribution Operator ISr. Plant Operator 27 (Customer Service Supervisor 28 (Management Analyst 29 Water Quality Engineer Safety & Training Officer 30 Sr. Project Engineer (Water Maintenance Superintendent ISCADA Administrator Iinformation Systems Administrator 31 (Chief Plant Operator 32 33 34 35 36 (Human Resources Manager 37 Finance Director Information Technology Director Operations Manager 38 0 JAGM/Engineering Manager General Manager Total 1 0 On hold per IT Director 2 1 2 11 I 1 I 111 1 1 141 4 1 11 I 1 I 11 1 I 1 I 0 (Under filled with Asst. Admin I. 111 1 1 1 I 0 On hold per department request Recruitment reopened ; open until filled; 2 0 1 st review 05/20/08 ~ 1 ~ 1 I ~ 1 1 1 1 111 1 1 11 1 1 1 1 1 ~ 1 1 1 ~ 1 ~ 1 I 1 ~ 1 I 84 69