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Home My WebLink About2021-06-22 - Resolution No. 2021-25 RESOLUTION NO. 2021-25 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING THE PERSONNEL MANUAL FOR UNREPRESENTED EMPLOYEES FOR THE REMAINDER OF FISCAL YEARS 2021-2023 WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Personnel Manual (Manual) for Unrepresented Employees for Fiscal Years 2018-2023 (Resolution No. 18-11); and WHEREAS, the Board of Directors adopts amendments to the Manual and associated Exhibits from time to time; and WHEREAS, the Board of Directors desires to further amend throughout the entire Manual the title of Human Resources/Risk and Safety Manager to Human Resources and Risk Manager; and WHEREAS, the Board of Directors desires to further amend Section 3.01 of the Manual to change the title of Director of Public Affairs to Public Affairs Manager and remove the title of Information Technology Manager; and WHEREAS, the Board of Directors desires to further amend Section 6.05 of the Manual to include the title of Sr. Field Customer Services Representative/Meters; and WHEREAS, the Board of Directors desires to further amend Section 9.02 of the Manual to allow employees to accrue vacation leave over their total annual maximum due to business necessity or medical leave of absence at the sole discretion of the General Manager. Resolution No.2021-25 Amending the Personnel Manual for Unrepresented Employees 1 NO VV Nater p HEREFORE gE strict as fo/%ws: 'T RESOI-VEO b SECTION ' T Y the Board of Airectors effective Manager alive June�2, 202 of the yorba Lind, Unrepresented Sections 3 01 ' e title of Yuman as attached hereto for Fi 05 and 9.02 in ResOurces�Risk PASSED qN p qD and by this refs a/ years 201,_20 Person Ma d Safety A y OPTED this ence Incorporated 23 be amend Waal for NOES. Dir s 22nd day of herein. ed t0 read ABSTHIN: None tors pesRoches June 2021 by the f ENT. None , °te: ATTEST J� NaYne yorba Linda it at' hp, V/ce P �. r District resident Annle Ale yorba Lindandet Boar Nater pist�c ecretarY Counsel.. Andrew g Kidman GaGagen Esq. W LLP Resolution leo.2()2125grnen tlrn9 the personnel Manual for UnrePresentetl Employees 2 Unrepresented Employees Personnel Manual 1 2018-2023 PERSONNEL MANUAL UNREPRESENTED EMPLOYEES EFFECTIVE JULY 1, 2018 THROUGH JUNE 30, 2023 Unrepresented Employees Personnel Manual i 2018-2023 Table of Contents ARTICLE I – MANAGEMENT RIGHTS ........................................................................... 1 Section 1.01 – General ................................................................................................ 1 ARTICLE II – RECOGNITION .......................................................................................... 1 Section 2.01 – General ................................................................................................. 1 ARTICLE III – DEFINITIONS .......................................................................................... 1 Section 3.01 – Definitions ............................................................................................ 1 ARTICLE IV – CLASSIFICATION AND COMPENSATION ............................................. 5 Section 4.01 – Compensation ...................................................................................... 5 Section 4.02 – Classification Revision and Reclassification ........................................ 5 Section 4.03 – Request for Classification Review ........................................................ 6 Section 4.04 – Salary Schedules ................................................................................. 6 Section 4.05 – Salary Step for New Employees .......................................................... 6 Section 4.06 – Probation ............................................................................................. 7 Section 4.07 – Merit Increases .................................................................................... 7 Section 4.08 – Salary on Promotion ............................................................................ 9 Section 4.09 – Salary on Transfer ............................................................................... 9 Section 4.10 – Salary on Demotion ............................................................................. 9 Section 4.11 – Salary on Position Reclassification ...................................................... 9 Section 4.12 – Acting Pay .......................................................................................... 10 ARTICLE V – EMPLOYEE BENEFITS .......................................................................... 11 Section 5.01 – Retirement System ............................................................................ 11 Section 5.02 – Employee CalPERS Contribution Rate and Formula ......................... 12 Section 5.03 – Deferred Compensation ..................................................................... 12 Section 5.04 – Medical Insurance .............................................................................. 12 Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D) .. 13 Section 5.06 – Supplemental Life Insurance and Accidental Death and Dismemberment (AD&D) ........................................................................................... 13 Section 5.07 – Long-Term Disability .......................................................................... 13 Section 5.08 – Short Term Disability .......................................................................... 13 Section 5.09 – Dental Insurance ................................................................................ 13 Section 5.10 – Vision Coverage ................................................................................. 14 Section 5.11 – Cafeteria Plan .................................................................................... 14 Section 5.12 – Employee Assistance Program (EAP) ............................................... 14 Section 5.13 – Retiree Insurance Benefits ................................................................. 14 Section 5.14 – Benefits Payroll Deduction ................................................................. 15 ARTICLE VI – MISCELLANEOUS BENEFITS .............................................................. 16 Section 6.01 – Safety Boot Allowance ....................................................................... 16 Section 6.02 – Certificate Pay ................................................................................... 16 Section 6.03 – Education Reimbursement ................................................................. 18 Section 6.04 – Commercial Driver’s License Pay ...................................................... 19 Section 6.05 – Uniforms ............................................................................................ 19 Section 6.06 – Car Allowance .................................................................................... 19 ARTICLE VII – WORK SCHEDULE .............................................................................. 19 Section 7.01 – Work Week ........................................................................................ 19 Unrepresented Employees Personnel Manual ii 2018-2023 Section 7.02 – Overtime ............................................................................................ 21 Section 7.03 – Overtime Pay ..................................................................................... 21 Section 7.04 – Compensatory Time ........................................................................... 22 Section 7.05 – Fatigue Accommodation .................................................................... 22 Section 7.06 – Meals During Emergency Service ...................................................... 23 Section 7.07 – Rest Period ........................................................................................ 23 Section 7.08 – Standby Compensation ...................................................................... 23 Section 7.09 – Call-Out Compensation ...................................................................... 24 ARTICLE IX – LEAVES ................................................................................................. 26 Section 9.01 – Holidays ............................................................................................. 26 Section 9.02 – Vacation Leave .................................................................................. 26 Section 9.03 – Sick Leave ......................................................................................... 28 Section 9.04 – Disability Leave .................................................................................. 29 Section 9.05 – Management Leave ........................................................................... 30 Section 9.06 – Bereavement Leave ........................................................................... 30 Section 9.07 – Unpaid Leave of Absence .................................................................. 30 Section 9.08 – Voting Leave ...................................................................................... 31 Section 9.09 – Jury Duty/Court Testimony ................................................................ 31 Section 9.10 – Military Leave ..................................................................................... 31 ARTICLE X – LAYOFF PROCEDURES ........................................................................ 31 Section 10.01 – Elimination of Position ...................................................................... 31 Section 10.02 – Layoff Procedure.............................................................................. 32 Section 10.03 – Reemployment ................................................................................. 33 Section 10.04 – Salary Upon Reemployment After Layoff ......................................... 33 ARTICLE XI – EMPLOYEE DISCIPLINE ...................................................................... 33 Section 11.01 – Cause for Discipline ......................................................................... 33 Section 11.02 – Types of Actions .............................................................................. 35 Section 11.03 – Progressive Steps ............................................................................ 36 Section 11.04 – Disciplinary Procedure ..................................................................... 37 Section 11.05 – Appeal of Disciplinary Action............................................................ 37 Section 11.06 – Placement in Personnel File ............................................................ 39 Section 11.07 – Employee Acknowledgement ........................................................... 39 Section 11.08 – Paid Administrative Leave ............................................................... 39 Section 11.09 – Job Abandonment ............................................................................ 39 ARTICLE XII – GRIEVANCE PROCEDURE ................................................................. 40 Section 12.01 – Purpose ........................................................................................... 40 Section 12.02 – Matters Subject to the Grievance Procedure ................................... 40 Section 12.03 – Informal Grievance Adjustment ........................................................ 40 Section 12.04 – Formal Grievance Procedure ........................................................... 40 Section 12.05 – General Conditions .......................................................................... 41 Unrepresented Employees Personnel Manual 1 2018-2023 YORBA LINDA WATER DISTRICT PERSONNEL MANUAL FOR UNREPRESENTED EMPLOYEES EFFECTIVE JULY 1, 2018 Yorba Linda Water District (“District”) hereby presents this Personnel Manual (“Manual”) describing the salaries, benefits and special conditions offered by the District and establishing rules, regulations, and procedures for its Unrepresented Employees (“Employees”) which shall be effective July 1, 2018, unless otherwise noted, through June 30, 2023. ARTICLE I – MANAGEMENT RIGHTS Section 1.01 – General There are no provisions in this Manual that shall be deemed to limit or curtail the District in any way in the exercise of the rights, powers and authority which the District had prior to this Personnel Manual unless and only to the extent that the provisions of this Manual specifically curtail or limit such rights, powers and authority. The Manual does not create any contract of employment, expressed or implied, or any rights in the nature of a contract. ARTICLE II – RECOGNITION Section 2.01 – General The provisions of this Manual shall apply to the Unrepresented Employees’ (formerly Professional and Confidential Employee Group, and Management Employee Group) as specified in Exhibit “A”. The Assistant General Manager is at-will and serves at the will of the General Manager and may be dismissed without cause or right of appeal. Articles X, XI, and XII of this Personnel Manual do not apply to this classification. Provisions of this Manual do not apply to part-time, temporary, limited term, contract or intern personnel (employees) unless specifically noted in this manual, District Policy or the employee’s contract. ARTICLE III – DEFINITIONS Section 3.01 – Definitions The following terms as used in this Personnel Manual shall, unless the context clearly indicates otherwise, have the respective meanings described below: CLASSIFICATION: 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. Unrepresented Employees Personnel Manual 2 2018-2023 CONTINUOUS SERVICE: The service of an employee in a payroll status without interruption except for authorized leave(s) of absence from date of hire. DAY: One calendar day, unless expressly noted otherwise. DEMOTION: The voluntary or involuntary transfer of an employee from one classification to another classification with a lower salary grade. DEPARTMENT HEAD: One who functions directly under the authority of the General Manager and Assistant 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. A performance evaluation is not a disciplinary action, regardless of the rating. ELIGIBLE: A person whose name is on an employment list, promotional list or reemployment list. EMPLOYEE: An individual within a classification included in Exhibit “A.” Regardless of duties, anybody whom the District deems an independent contractor or volunteer shall not be considered an “employee” for purposes of this Manual. EMPLOYMENT LIST: A. Eligibility List -- 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 his/her 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 District in good standing and who are eligible for reinstatement to his/her 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 non- exempt employees pay at one and one-half (1½) times for working overtime. Unrepresented Employees Personnel Manual 3 2018-2023 FISCAL YEAR: A twelve month period from July 1 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 that the District has violated, misrepresented or misapplied an obligation to the employee, as expressed in the Personnel Manual or other administrative rules, policy, procedures or regulations. Disciplinary actions, the content of performance evaluations, failure of probation, merit increases, reclassification, layoff, transfer or challenges to examinations or appointment are not subject to the grievance procedure. The grievance procedure shall 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, domestic partner, parents, children (stepchildren,) foster children, sisters, brothers, grandparents, grandchildren, mother-in- law, father-in-law. LAYOFF: Termination of employment due to elimination of position because of lack of work or lack of available funding, reorganization or an action deemed by the Board to be 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. MANAGEMENT EMPLOYEES: Employees within the Assistant General Manager, Public Affairs Manager, Engineering Manager, Finance Manager, Human Resources and Risk Manager, and Operations Manager classifications. MERIT INCREASE: An increase in the base pay rate of an employee from his/her current Step to a higher Step in the salary Range established for his/her classification. The amount of merit increase is awarded based on the employee’s overall performance rating as documented on the Performance Appraisal, not on longevity. NON-EXEMPT EMPLOYEE: An employee who is covered by the overtime provisions of FLSA. OVERTIME: The time which an exempt or a non-exempt employee is required or permitted to work beyond forty hours in a 7 day work period. Non-exempt employees receive time and a half pay for the hours worked. Exempt non-management employees receive an hour of pay for each hour worked. PART-TIME POSITION: A position requiring the incumbent to work less than forty (40) hours per week. Employees working less than thirty (30) hours per week serve at the Unrepresented Employees Personnel Manual 4 2018-2023 will of the General Manager, and may be terminated without cause or without hearing or right of appeal. Employees working 30 hours or more may receive some benefits. 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 the employee possesses the ability to perform the duties of the position. The original probationary period is a 12 month working test period and the promotional probationary period is a 6 month working test period, during which an employee is required to demonstrate his/her ability to perform the duties of their position. PROMOTION: The movement of an employee from one classification to another classification 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. REGULAR FULL TIME EMPLOYEE/REGULAR PART TIME EMPLOYEE: An employee who has completed the Probationary Period and is occupying a position established on a continuing basis, as distinct from temporary employees who serve on a seasonal or intermittent basis. A regular part time employee works thirty hours or more and has completed probation. SALARY SCHEDULE: 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. SENIORITY: Seniority is defined as the length of continuous service in the employee's present classification or in higher or equal classification regardless of the department to which assigned. SEPARATION: The separation of an employee from District service because of retirement, resignation, termination, permanent disability, dismissal or death. 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 that 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 shall not be authorized for over six months. Temporary employees, serve at Unrepresented Employees Personnel Manual 5 2018-2023 the will of the General Manager, and may be terminated without cause or without hearing or right of appeal. TRANSFER: Change of an employee from one classification 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. ARTICLE IV – CLASSIFICATION AND COMPENSATION Section 4.01 – Compensation The following base salary increases are considered “persable” compensation and lump sum payments are considered “non-persable” compensation. A. On July 12, 2018, employees shall receive a 1% increase to his/her base salary (Exhibit “B”). On November 15, 2018, employees shall receive a lump sum payment equivalent to 2% of his/her current hourly rate of pay as of November 10, 2018 multiplied by 2080. B. On July 11, 2019, employees shall receive a 2% increase to his/her base salary (Exhibit “C”). On November 14, 2019, employees shall receive a lump sum payment equivalent to 1% of his/her current hourly rate of pay as of November 9, 2019 multiplied by 2080. C. On July 9, 2020, employees shall receive a 1% increase to his/her base salary (Exhibit “D”). On November 12, 2020, employees shall receive a lump sum payment equivalent to 2% of his/her current hourly rate of pay as of November 7, 2020 multiplied by 2080. D. On July 8, 2021, employees shall receive a 2% increase to his/her base salary (Exhibit “E”). On November 10, 2021, employees shall receive a lump sum payment equivalent to 1% of his/her current hourly rate of pay as of November 6, 2021 multiplied by 2080. E. On July 7, 2022, employees shall receive a 1% increase to his/her base salary (Exhibit “F”). On November 10, 2022, employees shall receive a lump sum payment equivalent to 2% of his/her current hourly rate of pay as of November 5, 2022 multiplied by 2080. Section 4.02 – Classification Revision and Reclassification The classifications in Exhibit “A” may be amended, combined, or abolished and new classifications set forth by the General Manager or a designated representative thereof. In addition, any position may be reclassified to a different classification by the General Manager, or designated representative(s) when there is a change in the duties Unrepresented Employees Personnel Manual 6 2018-2023 and responsibilities of the position or other sufficient cause. A demotion is not considered a non-voluntary reclassification of a position to a different classification and is subject to a reduction in pay rate. A. The General Manager or Human Resources and Risk Manager may initiate, at any time, a study to determine the appropriateness of any position's classification. The General Manager shall make the final determination on all actions arising under this provision, subject to ratification by the Board of Directors at the next available regular Board meeting when the determination results in an amendment to the list of classifications in Exhibit “A”. B. The District shall provide an information copy of the new classification specification for any proposed classification relevant to the Unrepresented Employees. Section 4.03 – Request for Classification Review A. A Department Head may, at any time, submit a request to the Human Resources and Risk Manager for a review of an employee's position, setting forth the reasons for the request. B. If an employee believes that his/her duties and responsibilities have changed significantly, the employee may request a classification study of his/her position. Such request must be submitted in writing to the Human Resources and Risk Manager. An employee shall not submit a subsequent request prior to 18 months after completion of any previous classification review. C. The Human Resources and Risk Manager may conduct a review of the classification and make recommendations to the General Manager. All such requests may be acted upon within sixty (60) days of receipt. The decision of the General Manager shall be final without right of grievance or further hearing. Section 4.04 – Salary Schedules Salary schedules attached hereto as Exhibits “B”, “C”, “D”, “E”, and “F” shall be in effect for the duration of this Manual. Section 4.05 – Salary Step for New Employees A new employee shall be paid at the first step of the salary range in effect for the classification, unless the General Manager or designated representative thereof approves a higher salary step based on the District’s recruitment needs. Unrepresented Employees Personnel Manual 7 2018-2023 Section 4.06 – Probation A. Original Probation: A newly hired employee shall be subject to a twelve (12) month original probationary period. 1. During the original probationary period, an employee may receive a performance evaluation at the end of the employee’s first three months and/or six months of employment and one month prior to the completion of the new employee’s 12-month probationary period. A corresponding personnel action fact sheet will be completed if an employee passes his/her original probation. 2. Failure of Probation: During the original probationary period, an employee may be released from employment at any time without right of appeal or hearing. B. Promotional Probation: An existing employee, upon promotion to a new classification, shall be subject to a six (6) month promotional probationary period. 1. An employee on a promotional probation may receive a performance evaluation at the end of the six (6) months from date of the promotion. A corresponding personnel action fact sheet will be completed if an employee passes his/her promotional probation. 2. Failure of Probation: At any time during the promotional probationary period, any employee may be returned to the classification from which he/she promoted, subject to there existing a vacancy within such classification. If the employee is discharged for cause or resigns, this shall bar a return to the classification from which he/she promoted. C. Extension of Probation: Should the Department Head, Human Resources and Risk Manager and General Manager determine that a longer period of probation should be required, the appointee shall be informed in writing of the amount of extension and the reasons for the extension. Extensions shall not exceed six (6) months. Only one extension shall be granted. D. Leave of Absence: The taking of a leave of absence shall automatically cause the employee's probationary period to be extended by the length of the leave where such leave exceeds in excess of fifteen (15) calendar days. Section 4.07 – Merit Increases The advancement of an employee within a classification shall be dependent on the employee exhibiting increased knowledge, skills, and abilities, coupled with Unrepresented Employees Personnel Manual 8 2018-2023 meritorious performance. The employee’s supervisor shall evaluate the employee’s performance and if merited, recommend a merit-based step increase. The increase shall not be automatic but may be granted only for continued or sustained improvement by the employee in the effective performance of the duties of his/her position as determined within the District’s sole discretion. The District has an eleven (11) step salary schedule with approximately 2.5% salary difference between steps and 5% salary difference between ranges. A. Each employee shall be reviewed annually following the completion of his/her probationary period. The District utilizes the following ratings for performance evaluations: “Unsatisfactory”, “Needs Improvement”, “Meets Expectations”, “Exceeds Expectations”, and “Outstanding”. B. An employee who receives an overall performance rating “Exceeds Expectations,” no “Unsatisfactory” ratings and no more than two (2) “Needs Improvement” ratings on his/her evaluation shall receive a one (1) step merit increase. C. An employee who receives an overall performance rating of “Outstanding,” no “Unsatisfactory” ratings and no “Needs Improvement” ratings on his/her evaluation shall receive a two (2) step merit increase. D. The resulting rate of pay shall not exceed the rate of pay corresponding to step eleven (11) for the classification. E. The District shall endeavor to have performance reviews completed by the employee’s performance review date. The effective date of any resulting merit increase shall be the first day of the first full pay period that starts after the employee's review date. If the evaluation is delayed, any merit increase resulting from the performance review shall apply retroactively effective the date on which the increase would have otherwise have taken effect. F. An early merit increase may be granted to an employee who has exhibited an overall performance rating of Outstanding with the approval of the General Manager, or designated representative(s). The scheduled date of the next merit increase shall be upon completion of one (1) year from the date of the early merit increase. G. An employee on an authorized leave of absence that exceeds thirty (30) continuous calendar days (fifteen (15) continuous calendar days for probationary employees), other than for military leave, shall have his/her performance appraisal and merit increase date extended by the number of calendar days he/she was on leave. Unrepresented Employees Personnel Manual 9 2018-2023 H. Final approval of all merit increases rests with the General Manager, or a designated representative thereof, whose decision shall be final and not subject to a right of grievance or appeal. It shall be the responsibility of the Human Resources and Risk Manager and Department Head to ensure that the required performance evaluation is submitted in a timely and complete fashion. In no event shall a merit increase be granted before the requirements of this provision have been satisfied. Section 4.08 – Salary on Promotion Upon promotion to a classification with a higher salary range than that for the classification held immediately prior to the promotion, the promoted employee’s salary shall be at the salary step numerically closest, whether upward or downward, to 5% above the salary step applicable to the employee immediately prior to the promotion. The employee shall be given a new merit review date for purposes of future salary step advancements, which shall be based upon the effective date of promotion. Section 4.09 – Salary on Transfer An employee who is transferred from one position to another in a classification having the same salary range as the classification they formerly occupied shall be compensated at the same step in the salary range. The employee's merit review date shall not change. Section 4.10 – Salary on Demotion A. INVOLUNTARY DEMOTION: An involuntary demotion shall be considered a disciplinary action and shall be subject to the provisions of Article XI. B. VOLUNTARY DEMOTION: An employee who is demoted at their request or upon mutual agreement shall receive the highest salary in the new classification that does not exceed the employee's rate of pay immediately prior to the voluntary demotion. The employee's merit review date shall not change. Section 4.11 – Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the new position, his/her salary shall be determined as follows: A. HIGHER CLASSIFICATION: An employee who is reclassified into a classification with a higher salary range than the previous classification, the employee's salary and merit increase date shall be set in the same manner as if they had been promoted. Unrepresented Employees Personnel Manual 10 2018-2023 B. EQUIVALENT CLASSIFICATION: An employee who is reclassified into a classification with a same salary range as the previous classification, the employee’s salary and merit increase date shall not change. C. LOWER CLASSIFICATION: An employee who is reclassified into a classification with a lower salary range than the previous classification shall receive the highest salary in the new classification that does not exceed the employee's rate of pay immediately prior to the reclassification. The employee’s merit increase date shall not change. Section 4.12 – Acting Pay Upon recommendation of the Department head and Human Resources and Risk Manager, the General Manager may temporarily appoint an employee to assume the duties of a higher job classification and shall be designated as "Acting." An employee who is designated as acting shall receive a minimum increase to the step closest to 5% above the step held by the employee immediately prior to the acting position, or shall be placed on Step 1 of the range established for the acting position, whichever is higher; however, the employee's rate shall not exceed Step 11 of the range established for the acting position at any time. An employee shall receive acting pay until officially released of those duties with the following conditions: A. Compensation shall be requested in writing, outlining the circumstances, and is subject to the approval of the Human Resources and Risk Manager. B. Acting pay will be effective when the acting appointment begins. C. An employee shall receive acting pay for a maximum of 960 hours per fiscal year. D. If the employee is scheduled to receive a merit increase for the position in which he/she normally fills while serving in an acting status, the necessary forms shall be completed to document such increase, and such increase shall be implemented upon completion of acting status. E. The employee's merit increase date shall not be affected by acting status unless he/she is appointed to the position in which he/she was acting. If such, his/her review date shall be adjusted to coincide with the date he/she started in the Acting position or as provided in Section 4.12.G. F. If the employee is scheduled to receive any type of payout that was earned for the position in which he/she normally fills while serving in an acting status, the employee shall be paid out at the rate of pay equivalent to the position in which he/she normally fills. Unrepresented Employees Personnel Manual 11 2018-2023 G. If an employee who is receiving acting pay is promoted to permanently fill the position in which he/she is acting, the date from which the employee began receiving acting pay shall be credited to the employee's total time worked in the position. Following the promotion, the employee's merit increase, if applicable, will be awarded at the conclusion of the promotional probationary period (including all time he/she was receiving acting pay). All subsequent merit increases will be awarded upon completion of twenty-six (26) complete pay periods. H. If an employee continues to perform the job duties for the position he/she normally fills as well as the duties of the acting classification the following conditions shall apply: 1. Acting pay shall not be reported to CalPERS as special compensation, and therefore is not compensation earnable pursuant to California Public Employees’ Retirement System (CalPERS) Regulations, Section 571. 2. All overtime hours worked shall be paid in accordance with Section 7.02 and 7.03 for the position he/she normally fills. 3. An employee scheduled to receive a merit increase for the position in which he/she normally fills shall receive such increase as scheduled to his/her hourly rate of pay in the position he/she normally fills. 4. An employee shall receive acting pay for a maximum of twenty-six (26) consecutive pay periods. Under special circumstances, the General Manager may authorize an extension to meet the needs of the District. ARTICLE V – EMPLOYEE BENEFITS Section 5.01 – Retirement System The District participates in the California Public Employees’ Retirement System (CalPERS). Eligible employees are required to participate in accordance with the rules of CalPERS. 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. The CalPERS retirement benefits are available to employees working at least 1,000 hours in a fiscal year. Any employee not eligible for membership in CalPERS shall be placed in the Federal Social Security retirement system. Unrepresented Employees Personnel Manual 12 2018-2023 Section 5.02 – Employee CalPERS Contribution Rate and Formula A. Employees hired prior to January 26, 2012 are Tier 1 employees who are enrolled in the 2% at 55 retirement formula with a one year (12 month) final compensation period. Employees pay the full employee contribution rate, which is 7% of pensionable compensation. B. Employees hired between January 26, 2012 and December 31, 2012, and any District employees hired on or after January 1, 2013 who are defined as “classic members” are Tier 2 employees who are enrolled in the 2% at 60 retirement formula with a one year (12 month) final compensation period. Employees pay the full employee contribution rate, which is 7% of pensionable compensation. C. Employees hired on or after January 1, 2013 who are defined as “new members” under the Public Employees’ Pension Reform Act of 2013 (PEPRA) are Tier 3 employees who are enrolled in the 2.0% at 62 (or 2.5% at 67) retirement formula with a three year (36 month) final compensation period. Employees may designate the highest 36 month period. Employees will pay one-half (½) of his/her total normal cost rate as determined by CalPERS. D. The District’s contract with CalPERS includes the following items: Level 4 1959 Survivor Benefit, Annual Cost-of-Living Allowance Increase up to 2%, Prior Service, Military Service Credit as Public Service, Military Service Credit for Retired Persons, Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service, Public Service Credit for Periods of Layoff, Pre-Retirement Option 2W Death Benefit, Pre- Retirement Death Benefits to continue after remarriage of survivor, $500 Retired Death Benefit, Local System Service Credit included in Basic Death Benefit, Local System Transfer, and Unused Sick Leave Credit. Section 5.03 – Deferred Compensation The District will match dollar for dollar not to exceed 2% base salary earned per payroll period of an employee’s base salary or the employee’s actual amount of deferred compensation per payroll period, whichever amount is lesser, for employees who are regularly schedule to work in excess of 30 hours per week. Section 5.04 – Medical Insurance The District shall pay 100% of the premium for medical insurance for employees who are regularly schedule to work in excess of 30 hours per week, effective the first of the month following the employee’s date of hire and ⅔ of the additional premium toward employee dependent coverage for covered employees with one or more dependents subject to the provisions of any contract between the District and any company or companies of the District's choosing. The employee shall pay the cost of the difference Unrepresented Employees Personnel Manual 13 2018-2023 in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D) In accordance with the provisions of the contract between the District and any company of the District’s choosing providing such coverage, effective on the first day of the month following his/her date of hire, the District shall provide group life insurance and Accidental Death and Dismemberment (AD&D), in the amount of one-time payment equal to his/her basic annual salary rounded to the next higher multiple of $1,000, for each employee under age 65. An employee who reaches age 65 will have their coverage reduced to 65% of original amount. An employee who reaches age 70 will have their coverage reduced to 50% of original amount. Section 5.06 – Supplemental Life Insurance and Accidental Death and Dismemberment (AD&D) An employee may purchase additional life insurance and AD&D coverage up to $500,000 by authorizing the additional premium to be deducted from his/her salary. In addition, an employee may purchase coverage for their spouse, up to 100% of the employee’s additional life insurance and AD&D amount. Some medical restrictions may apply. An employee may purchase coverage for their children, up to $10,000. Children include the employee’s natural children, legally adopted children, stepchildren and foster children who depend on the employee for support. Eligible children must be unmarried and between the ages of 14 days old up to age 21, or up to age 25 if a full-time student at an accredited college/university. There are no medical restrictions for child coverage. Section 5.07 – Long-Term Disability The District shall provide a long-term disability plan for employees which has a 90-day elimination period and provides 67% of an employee’s monthly pre-disability earnings to a maximum of $7,000 per month for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. Section 5.08 – Short Term Disability The District shall provide a short-term disability plan for employees which has a 30-day elimination period up to an employee’s eligibility for Long-Term Disability and provides 67% of an employee’s weekly pre-disability earnings up to a maximum of $1,500 per week for a designated period of nine (9) weeks in accordance with coverage procured by the District from a carrier to be determined at the District’s sole discretion. Section 5.09 – Dental Insurance The District shall pay 100% of the premium for dental insurance for employees who are regularly scheduled to work in excess of 30 hours or more per week, effective Unrepresented Employees Personnel Manual 14 2018-2023 the first of the month following the employee’s date of hire and ⅔ of the additional premium toward employee dependent coverage for covered employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. Section 5.10 – Vision Coverage The District shall pay 100% of the premium for vision insurance for employees who are regularly scheduled to work in excess of 30 hours or more per week, effective the first of the month following the employee’s date of hire and ⅔ of the additional premium toward dependent coverage for covered employees with one or more dependents in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. The employee shall pay the cost of the difference in premium, to be deducted from the employee’s salary to cover the employee’s ⅓ share of the dependent coverage. Section 5.11 – Cafeteria Plan The District provides a cafeteria plan under Section 125 of the Internal Revenue Code to employees. Employees can voluntarily participate in both tax advantage flexible health and dependent care plans. Section 5.12 – Employee Assistance Program (EAP) 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 dealing with personal and emotional problems which affect or might potentially affect their job performance. This counseling is provided through an outside third party company and is strictly confidential. Section 5.13 – Retiree Insurance Benefits For employees hired prior to December 8, 2011, and subject to carrier approval, the District shall pay the amounts provided in Sections 5.04, 5.09, and 5.10 of this Manual for an employee who retires from the District. For every three (3) years of service with the District, the retiree will receive the equivalent of one year of extended benefits, or pro-ration thereof on a quarterly basis. A. To be eligible for this benefit, the employee must at the time of retirement or separation: 1. be regularly assigned to work 30 or more hours per week; 2. be at least 50 years of age; 3. have at least five (5) complete consecutive years of service with the District; Unrepresented Employees Personnel Manual 15 2018-2023 4. provide ninety (90) days’ notice of intent to retire; and 5. retire from the District during the term of this Manual while in good standing (did not retire after being provided written notice that disciplinary investigation/proceedings were pending which in the sole judgment of the District are reasonably anticipated to result in a recommendation of dismissal from employment or which have resulted in a determination by the District to impose dismissal. If a dismissal is appealed and results in a final administrative decision, (and where appealable, a court determination) reinstating the employee, the withheld benefit shall be retroactively implemented to the date of dismissal). In addition, the employee must remain in retired status to maintain eligibility. B. If any benefit period remains when the retiree and/or his/her spouse reaches age 65 this coverage shall become secondary to Medicare for the remainder of the benefit period. C. The retired employee must make any contribution required of a regular employee pursuant to Section 5.04, 5.09, and 5.10 prior to the first day of the month in which coverage is to be extended. Failure of an employee to make such payment shall result in termination of coverage and termination of any right to any benefit pursuant to this section. D. Surviving Spouse/Dependent: If the retired employee dies while receiving this benefit, the coverage will continue for the enrolled family member until the surviving spouse remarries, the child no longer meets all of the conditions of coverage, or the member enrolls in another group medical plan. E. For purposes of this Manual, retired status means that the employee shall not work for compensation for more than nine hundred sixty (960) hours in any fiscal year (July 1 through June 30). The District shall require an employee to certify under penalty of perjury that the employee has remained on retired status and/or to submit to such additional verification as the District deems necessary to demonstrate retired status. F. Employees hired on or after December 8, 2011 shall be ineligible to receive this benefit. Section 5.14 – Benefits Payroll Deduction Subject to the singular exception of deducting employee health, dental, vision, supplemental life and supplemental accidental death and dismemberment (AD&D) insurance contributions over 24 payroll periods, the District employs 26 payroll periods of two (2) weeks each as a means of distributing compensation. Unrepresented Employees Personnel Manual 16 2018-2023 Employee payroll deductions for the employee share of health, dental, vision, supplemental life and supplemental accidental death and dismemberment (AD&D) insurance premium contributions shall be amortized over 24 payroll periods and deducted during said 24 payroll periods. ARTICLE VI – MISCELLANEOUS BENEFITS Section 6.01 – Safety Boot Allowance An employee who is required to wear safety footwear in the performance of his/her job, as determined by the Department Manager, Human Resources and Risk Manager, and/or Safety and Training Analyst, shall be eligible for District-purchased safety footwear in an amount not to exceed $250 each fiscal year. Safety footwear must meet American Society for Testing and Materials (ASTM) minimum compression and impact performance standards in ASTM F2413 or provide equivalent protection. Employees must purchase the shoes/boots from a District-approved vendor. Any unused funds shall be forfeited at the end of each fiscal year. Any employee who separates from District employment within thirty (30) calendar days of purchasing safety footwear or receiving reimbursement for safety footwear shall be required to reimburse the District for the cost of the safety footwear regardless of the reason for the employee’s separation from the District. If the Department Manager determines that an employee’s safety footwear is no longer safe, the employee’s Department Manager may replace the used footwear with a new pair of safety footwear (up to $250). The employee will be required to submit the used safety footwear to the District in exchange for the replacement safety footwear. Section 6.02 – Certificate Pay The District shall reimburse employees for sums paid to the appropriate agencies for obtaining or renewing treatment and/or distribution certificates, collection certificates, and other professional certifications, registrations and job related training. A. In addition, the District shall provide a one-time per fiscal year payment of $150.00 per certificate to an employee in the Maintenance Superintendent, Operations Superintendent, and Production Superintendent classifications who has qualified for and been issued a State Water Resources Control Board (SWRCB) Distribution or SWRCB Treatment and/or California Water Environment Association (CWEA) Collection Certificate(s) that is above and beyond the certification(s) required for his/her classification. As determined at the sole discretion of the General Manager, the certificate(s) must be relevant to the employee’s principal duties and must be above and beyond the requirement of the employee’s classification. The $150.00 payment shall be issued during Unrepresented Employees Personnel Manual 17 2018-2023 each year in which the applicable certificate(s) remains valid and remains other than a certificate which is a job requirement. B. The District shall provide the below indicated certificate pay amounts where any employee in the Sr. Field Customer Service Representative/Meters, Sr. Plant Operator, and Sr. Maintenance Worker classifications has been issued a State Water Resources Control Board (SWRCB) Distribution, SWRCB Treatment, and/or California Water Environment Association (CWEA) Collection Certificate(s) that is above and beyond the certification(s) required for his/her classification. As determined at the sole discretion of the General Manager, the certificate(s) must be relevant to the employee’s principal duties and must be above and beyond the requirement of the employee’s classification. 1. In those instances where an employee has a Treatment, Distribution, and/or Collection Certificate that is above and beyond the certification(s) required for the employee’s classification, the District agrees to pay the following certificate pay amounts on a biweekly basis. Employees will receive no more than two (2) certificate pays per pay period. TREATMENT CERTIFICATE DISTRIBUTION CERTIFICATE COLLECTIONS CERTIFICATE CERTIFICATE PAY PER PAY PERIOD T-1 D-1 C-1 $6.00/PP T-2 D-2 C-2 $7.00/PP T-3 D-3 C-3 $8.00/PP T-4 D-4 C-4 $9.00/PP T-5 D-5 N/A $10.00/PP 2. Subject to certificate pay being limited to a total of two (2) certificates, each affected employee shall be eligible to receive, biweekly, the combined total of the certificate pay amount that relates to any of the above particular levels. For example, an employee having been issued a T-3 certificate shall receive an $8.00 biweekly certificate pay. An employee having been issued a T-3 and a D-4 shall receive a $17.00 biweekly certificate pay. An employee having a T-5, D-5 and a C-4, shall receive a $20.00 biweekly certificate pay. Where three or more certificates have been issued, the two (2) certificates having the highest combined total shall be utilized to determine the total certificate pay. As indicated above, certificate pay will only be paid for an issued certificate which is above the certification required of the employee holding a specific classification. Thus, a Plant Operator II having been issued a T-2 and a D-3 certificate shall receive no certificate pay. A Plant Operator II having been issued a Unrepresented Employees Personnel Manual 18 2018-2023 T-2 certificate and a D-4 certificate shall receive a $9.00 biweekly certificate pay. 3. Individuals within the Sr. Mechanic classifications are eligible for the following certificate compensation upon being awarded specified certificates issued by the National Institute for Automotive Service Excellence (ASE). It has been agreed by the parties that the following available ASE certificates shall be deemed relevant to the employee’s principal duties. Those certificates as defined by the ASE are:  Alternate Fuels Certification Test (F1)  Advanced Engine Performance Specialist Certification Test (L1)  Electronic Diesel Engine Diagnosis Specialist Certification Test (L2)  Undercar Specialist Exhaust Systems Test (X1)  Any A1-A9 test certificate listed in the Automobile & Light Truck Certification Tests (A Series)  Any E1-E3 test certificate listed in the Truck Equipment Certification Tests (E Series)  Any T1-T8 test certificate listed in the Medium-Heavy Truck Certification Tests (T Series) Where these classified employees have been issued an ASE certificate deemed by the General Manager to be relevant to the employee’s principal duties, the employee shall receive an $8.00 biweekly certificate pay for each certificate, not to exceed two (2) certificates ($16.00 biweekly). The District agrees to pay the aforementioned certificate pay amounts on a biweekly basis. C. Payment by the District of any exam fees, certificate fees, renewal fees or similar fees shall only be made following provision to the District of evidence that the employee has successfully qualified for and been awarded the pertinent certificate(s). The biweekly certificate pay(s) shall be paid only while a certificate remains valid. Section 6.03 – Education Reimbursement The District shall provide pre-approved educational reimbursement for regular full time employees to assist with the cost of tuition, fees, books and parking for undergraduate and graduate level studies up to a Masters level coursework. As education reimbursement each fiscal year, employees may, based upon level of enrollment, receive up to the equivalent of one academic year’s full-time undergraduate or graduate tuition at California State University for an in-state student. Unrepresented Employees Personnel Manual 19 2018-2023 To qualify for reimbursement, regular full time employees must successfully complete a pre-approved course with a passing grade (C or better). In the event of a “Credit/No Credit” course, “Credit” will be considered a passing grade. Proof of payment and successful completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). The employee shall be responsible for any tax consequences as a result of education reimbursement. Once the degree is earned, the employee shall be required to complete three (3) years of District employment from the date the degree is awarded. If, for any reason, the employee separates from the District prior to the completion of three (3) years, he/she shall be required to reimburse the District 1/3 of the total received educational reimbursement for each year remaining. For example, an employee is awarded his/her degree on June 1, 2018. If he/she separates from the District on September 20, 2019, he/she shall reimburse the District 2/3 of the total received educational reimbursement. If he/she separates from the District on September 20, 2020, he/she shall reimburse the District 1/3 of the total received educational reimbursement. Section 6.04 – Commercial Driver’s License Pay An employee who has a valid California Class A Commercial Driver’s License in the performance of their job, shall be eligible for a $23.00 biweekly premium pay. Section 6.05 – Uniforms The District provides Sr. Field Customer Service Representative/Meters, Sr. Maintenance Worker, Sr. Mechanic, and Sr. Plant Operator classifications a District- funded cleaning service for uniform pants and shirts with the employee’s name and District logo. The field uniforms provided to employees may include District-issued shorts and t-shirts which may only be worn in accordance with District established safety guidelines. Section 6.06 – Car Allowance Management Employees will be entitled to car allowance of $400.00/month as determined by the General Manager. ARTICLE VII – WORK SCHEDULE Section 7.01 – Work Week Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep biweekly timesheets of employees which must be reported in the form and on the dates specified by the Human Resources and Risk Manager. Unless otherwise authorized by a supervisor, employees are expected to be at work during all scheduled work hours in Unrepresented Employees Personnel Manual 20 2018-2023 order that the District may meet its work goals and objectives. Employees who are frequently late and/or absent shall be subject to discipline as outlined in Article XI. A. The regular work week for all employees covered by this manual shall be forty (40) hours as scheduled by the department heads. It is expressly understood the department head may schedule shifts which include evening, weekend and holiday work. B. Paychecks will be distributed on the Thursday following the end of each payroll period. Payroll periods shall be two (2) weeks long, commencing on a Sunday and ending on the last Saturday of the two (2) week period. If the Thursday payday falls on a holiday, the pay shall be distributed on the prior day, a Wednesday. C. 4/10 WORK SCHEDULE: Employees shall be assigned to a four (4) day work week, consisting of ten (10) scheduled hours of work each day. The Board of Directors clearly and unequivocally have the right to terminate the 4/10 schedule at any time during the term of this Manual. In such case, the schedule shall revert to the 9/80 schedule as it existed prior to implementation of the 4/10 schedule. D. 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 (9/80) 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 may be scheduled. Employees working a 9/80 schedule shall work nine (9) hours per day on Monday through Thursday, and eight (8) hours per day on alternating Fridays. Employees shall have every other Friday off. For employees working a 9/80 work schedule, each employee’s designated FLSA work period shall begin exactly four hours after the start of his/her eight hour shift on the day of the week that corresponds with the employee’s alternating regular day off. The 9/80 work schedule is displayed as follows: SU MO TU WE TH FR SA Off 4 (Start Workweek) Off 9 9 9 9 Off (End Workweek) Off Off (Start Workweek) Off 9 9 9 9 4 (End Workweek) Unrepresented Employees Personnel Manual 21 2018-2023 E. TIMESHEETS: All District employees must complete timesheets showing hours worked and leave taken. They must be signed by the employee, the employee's supervisor and Department Head or designated representative(s). Notice of any corrections to the timesheets shall be sent to the employee and Department Head. Such corrections shall be deemed final unless questioned by the employee within thirty (30) days after the notice of correction is given to the employee. Unresolved matters may be taken to the General Manager for a final determination. Section 7.02 – Overtime A non-management employee who may be asked to perform overtime shall be notified of the apparent need for such overtime as soon as practicable prior to the commencement of overtime. Overtime opportunities shall be made available first on an equal basis to regular full-time employees capable of performing the work. All overtime must be authorized in advance by the employee’s Department Head, General Manager, or designated representative(s). All non-management employees must accurately report all work time to the nearest five minutes. Overtime is credited in fifteen minute increments; where an employee works 7 minutes or more, the District will round up and pay for fifteen minutes; where an employee works less than 7 minutes, the District will round down. Time worked as overtime shall not be used to earn supplemental benefits or to serve out probation or merit increase periods. Section 7.03 – Overtime Pay A non-exempt employee shall be compensated at one and one-half (1½) times his/her hourly rate of pay for hours worked in excess of forty (40) hours in any one work period. An exempt non-management employee shall be compensated at one times his/her hourly the rate of pay for hours worked in excess of forty (40) hours in any one work period. Overtime shall be calculated to the nearest one-quarter hour of overtime worked. In addition to actual hours worked, scheduled vacation hours authorized at least twenty-four (24) hours prior to use, compensatory time and/or agency observed holiday time that falls within the employee’s regular shift shall also count as hours worked for purposes of computing overtime. If an agency observed holiday falls outside of an employee’s regular shift and the employee does not actually work on the day of the holiday, the holiday shall not count as hours worked when computing overtime. Sick leave hours which are utilized by the employee, shall not be considered hours worked for purposes of computing overtime eligibility, whether pursuant to this Manual or pursuant to the requirements of the FLSA. Unrepresented Employees Personnel Manual 22 2018-2023 Additionally, vacation hours not authorized twenty-four (24) hours prior to use, shall not be considered hours worked for purposes of computing overtime eligibility, whether pursuant to this Manual or pursuant to the requirements of the FLSA. Section 7.04 – Compensatory Time A. Compensatory time, in lieu of monetary overtime compensation, shall be provided at the selection of the employee at a rate equal to one and one- half (1½) hours for non-exempt employees and one (1) hour for non- management exempt employees of compensatory time for each hour of overtime worked to be taken as paid time off. Compensatory time shall be calculated to the nearest one-quarter hour of overtime worked. The maximum amount of compensatory time off which shall be accrued is forty (40) hours. B. At the employee’s discretion, the employee may sell to the District up to forty (40) hours of accrued unused compensatory time. An employee must provide at least fifteen (15) days prior notice to sell-back compensatory time and will only be paid on the last payday in March and July of each year. All unused compensatory time accrued as of the last full pay period in December will be cashed out at the employee’s hourly rate of pay on the last payday in December. C. Selection of accrued compensatory time in lieu of overtime pay shall be made by the employee at the time he/she submits his/her timesheet. The usage of compensatory time shall be approved in advance by the employee’s manager and/or supervisor. An employee desiring to utilize accrued compensatory time shall submit an Employee Time Off Request Form to his/her supervisor. Compensatory time off may be taken in 15 minute increments, unless in the supervisor’s sole determination, use of the compensatory time off for the requested date(s) and time(s), shall result in an undue hardship to the District. D. In the event an employee is promoted/reclassified to a Management classification, the employee shall be paid for all compensatory time on the books at the employee’s hourly rate of pay prior to the change in classification. E. Upon separation from employment, the employee shall be compensated for all accrued unused compensatory time at the employee’s current hourly rate of pay. Section 7.05 – Fatigue Accommodation The District provides Sr. Maintenance Worker, Sr. Mechanic, and Sr. Plant Operator classifications fatigue accommodation. In any instance where at the direction of a supervisor an employee works sixteen (16) or more hours during a 24 hour period Unrepresented Employees Personnel Manual 23 2018-2023 of time, the employee shall be provided with eight (8) consecutive hours of non-work time before being compelled to commence a regularly scheduled shift or to commence other duties on behalf of the District. This section shall not apply to employees who are on standby duty. In any instance where use of the eight (8) consecutive hour period results in the employee being excused from scheduled hours of work, the employee shall have said hours credited as compensable hours worked. In any instance where utilization of the eight (8) consecutive hour period would result in there being three (3) or less hours of scheduled work time remaining should the employee return to his/her work assignment, a department manager shall have discretion to relieve the affected employee of the obligation to report to the District for the remainder of the scheduled hours of work. Where the department manager exercises that discretion, the three (3) or less remaining hours of scheduled work shall be considered compensable hours worked. Section 7.06 – Meals During Emergency Service If an employee is required to remain at work for a minimum of two hours following the close of his/her regular workday for the purpose of performing emergency overtime work, the District shall 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 shall provide that employee with an adequate meal if such overtime work continues past the hour of 7 a.m. If an employee is called out to perform emergency overtime work, the District shall provide an adequate meal at four- hour intervals during the performance of such overtime work. Meal time is considered working time and shall be compensated for at the appropriate overtime rate. The District shall not provide meals before, during or after any overtime work which is scheduled in advance. If the District is unable to provide the employee with a meal the employee is authorized to spend up to $10.00 to obtain a meal and shall be reimbursed upon provision to the District of a receipt. Section 7.07 – Rest Period An employee shall be granted one fifteen (15) minute rest period for each four (4) hours worked. The rest period shall be determined by the supervisor. Rest periods cannot be combined to extend the lunch period or shorten work hours. Section 7.08 – Standby Compensation A Sr. Maintenance Worker or Sr. Plant Operator assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than normal scheduled working hours, and not as an extension of a regularly scheduled shift, shall be paid a flat fee for each day he/she is assigned to standby duty. In those instances where the standby occurs on Monday through and including Thursday, the flat fee during the term of this MOU shall be Thirty-Five Dollars ($35.00). In those instances where the standby occurs on a District recognized holiday and/or Friday through and Unrepresented Employees Personnel Manual 24 2018-2023 including Sunday, the flat fee during the term of this MOU shall be Fifty-Five Dollars ($55.00). A “standby day” for purposes of calculating standby compensation shall be that period of time when an employee has been assigned to be available for purposes of handling emergency situations arising at times other than normally scheduled working hours and not as an extension of a regularly scheduled shift. It is understood that standby duty for pump operations will be provided by qualified and available employees as assigned by the supervisor and/or Operations Manager, and that those individuals in Maintenance Worker I and Maintenance Worker II positions determined qualified by the District shall be eligible for standby duty. The pay for standby compensation shall be paid on the regular pay day for the pay period in which the standby duty is completed. An employee on standby duty must (1) be ready to respond immediately to a call for service, (2) be readily available at all hours by telephone or other agreed upon communication equipment, and (3) refrain from activities which might impair their assigned duties upon call. The parties agree that an employee must be able to arrive at District boundaries within forty-five (45) minutes from receiving a call-out. The parties agree that employees on standby duty, as defined above, are “waiting to be engaged.” Section 7.09 – Call-Out Compensation A “call-out” occurs when an employee on assigned standby duty is required to return to a District worksite or is otherwise required to commence work following the employee’s departure from the worksite at the end of his/her regular scheduled work shift. Therefore, a “call-out” is not an extension of a regular scheduled work shift. Upon being initially “called-out” during each standby day, the employee shall be entitled to at least two (2) hours’ pay at one and one-half (1½) times the employee’s hourly rate of pay, regardless of whether or not the initial call-out work is completed in less than two (2) hours’ time. During any standby day, this two-hour minimum shall apply only once. If a subsequent call-out commences during the period of time for which the employee has received the initial minimum compensation of two (2) hours, there shall not be an additional minimum compensation for this subsequent call-out. The employee shall be compensated at the rate of one and one-half (1½) times the employee’s hourly rate of pay for all hours worked, over the initial two (2) hour minimum compensation provided because of the initial call-out. However, if a call-out occurs subsequent to the initial call-out and two (2) hours or more have elapsed between commencement of the initial call-out and commencement of the subsequent call-out, there shall be a one and one-half (1½) hour minimum call-out compensation provided to the employee for this subsequent call-out. This one and one-half (1½) hour minimum eligibility shall repeat itself throughout the standby period as long as there is two (2) hours or more passage of time between the initial call-out and the subsequent call-out. Unrepresented Employees Personnel Manual 25 2018-2023 EXAMPLE: Start Shift 0700 – End Shift 1630 Call-out commences at 1800 hours and is completed at 1900 hours. The employee would be paid for two (2) hours at one and one-half (1½) times the hourly rate. At 1930 hours, the employee commences a ten (10) minute call. No additional payment would be due as the employee has already accrued compensation for the two (2) hour minimum. At 1945 hours, the employee commences a thirty (30) minute call. For the call that commenced at 1945 hours, the employee would be paid for .25 additional hours at one and one-half (1½) times the hourly rate, because the call, which lasted until 2015 hours, commenced during the initial two (2) hour minimum payment period but exceeded that period by fifteen (15) minutes. If the initial call-out had commenced at 1830 hours and was completed at 1900 hours and the next call-out had commenced at 2030 hours, the employee would be eligible for a one and one-half (1½) hour minimum call-out payment at one and one-half (1½) times the employee’s hourly rate for the call-out that commenced at 2030 hours, because two (2) hours or more will have passed between the commencement of the initial call-out and the commencement of the subsequent call-out. If a third call-out was to commence on or after 2200 hours, the employee would then be eligible for an additional one and one-half (1½) hour minimum payment. Where a “call-out” requires the employee to leave his/her residence and respond to a designated worksite, computation of compensable work hours shall include travel time to and from the employee’s residence and the worksite. Compensable work hours shall also include time spent on the telephone or other electronic device whereby the “call-out” is assigned and/or efforts by telephone or other electronic devise are undertaken to address the subject of the “call-out.” Employees shall have a District issued ID badge in his/her possession when responding to call-outs for ease of identification from outside the vehicle. 1630 1700 1730 1800 1830 1900 1930 1945 2000 2030 2100 2130 2200 2230 2300 240 0 Call out commences 1800 & ends 1900 10 minute phone call 30 minute call 30 minutes = 2 hours’ pay at 1.5 times hourly rate included in 2 hour minimum .25 hours’ pay at 1.5 times hourly rate 1.5 hours’ pay at 1.5 times hourly rate Unrepresented Employees Personnel Manual 26 2018-2023 ARTICLE IX – LEAVES Section 9.01 – Holidays A. The District’s holiday schedule is set forth in Exhibit “G”. B. For purposes of holiday compensation, compensation shall be equal to the number of hours that the employee normally would have worked other than for the holiday. C. For those employees whose scheduled work week is Monday through Thursday, a District-observed holiday falling on a Friday, Saturday, or Sunday shall convert into a floating holiday to be used within the fiscal year in which it is accrued or the following fiscal year. Any unused floating holiday will be cashed out at the employee’s then hourly rate of pay at the end of the fiscal year following the fiscal year during which the time was accrued. For example, any unused floating holiday time accrued during fiscal year 2017-18 would be paid out at the end of fiscal year 2018-19. D. In order to be eligible for Holiday pay, an employee must be either at work, on paid leave of absence, or on a leave of absence protected by law (e.g., FMLA/CFRA) on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. E. Employees working at least 20 hours but not more than 30 hours may 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). Section 9.02 – Vacation Leave A. An employee who is regularly scheduled to work more than thirty (30) hours per week shall accrue vacation leave time with pay as follows: Duration of Continuous Regular Employment Hours Accrued per Pay Period During 1st through 60th month (0-5 yrs) 3.077 hrs = 2.0 wks/yr During 61st through 120th month (5-10 yrs) 4.615 hrs = 3.0 wks/yr During 121st through 180th month (10-15 yrs) 5.384 hrs = 3.5 wks/yr During 181st through 240th month (15-20 yrs) 6.153 hrs = 4.0 wks/yr During 241st month and thereafter (20+ yrs) 6.922 hrs = 4.5 wks/yr Unrepresented Employees Personnel Manual 27 2018-2023 B. Vacation leave shall continue to accrue in accordance with the above provisions when an employee is either at work, or on a paid leave of absence. C. Vacation leave shall be scheduled with due regard to the interests of the District and must be approved in advance by the employee’s Department Manager or immediate supervisor. D. An employee may not take more vacation leave than the amount the employee has accrued. The minimum amount of vacation leave that may be taken at any given time shall be fifteen (15) minute increments. E. An employee on an original probationary period shall accrue vacation commencing with the start of employment but shall be ineligible to use accrued vacation leave prior to successfully completing of six (6) months of service. F. The total maximum vacation that may be accrued shall be one and one- half (1½) times the amount that may be accrued in one year of service, based on the employee’s rate of accrual. If the employee has accrued the maximum total amount of vacation, no additional vacation shall be accrued, nor shall the cash equivalent of excess vacation accruals be earned. G. At the sole discretion of the General Manager, if an employee is unable to timely schedule and utilize vacation time off due to business necessity, said employee may be authorized to accrue over their total annual maximum and will be given a timeframe to use those excess accruals. H. At the sole discretion of the General Manager, if an employee is unable to timely schedule and utilize vacation time off due to an overriding concern such as a medical leave of absence, said employee may be authorized to accrue up to 80 additional vacation hours over their total annual maximum. Once the employee returns to work, they will no longer accrue leave and will have six (6) months to bring their accrued leave time down below their total annual maximum in order to accrue leave again. I. Upon separation, an employee shall be cashed out at their current rate of pay for any vacation leave accrued but not taken. J. An employee who has been employed by the District for more than one year may sell to the District up to forty (40) hours of accrued unused vacation leave. To be eligible for this benefit, an employee must submit his/her irrevocable election by December 31st of each year to be paid on the second payday in November of the following year to receive cash for up to forty (40) hours of vacation time that would otherwise accrue in the immediate following year. For example, an employee irrevocably elects to Unrepresented Employees Personnel Manual 28 2018-2023 sell 40 hours of vacation leave on December 12, 2018. The employee will be paid out on November 27, 2019. K. An employee who works, or is on a paid leave of absence between twenty (20) and thirty (30) hours per week shall accrue vacation leave on a proportionate basis relative to a full time employee. Section 9.03 – Sick Leave A. Sick leave is not an earned right to time off from work. Sick leave is provided for use if the employee is unable to work because of illness, and as otherwise required by law. B. An employee eligible for paid sick leave shall be granted such leave for the following reasons: 1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or a member of the employee’s immediate family. 2. For employees who are victims of domestic violence, sexual assault, or stalking: a) to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or his or her child; or b) obtain medical attention or psychological counseling, services from a shelter, program or crisis center, or participate in safety planning or other actions to increase safety. C. In order to receive sick pay if the need for leave is foreseeable, e.g., for routine medical or dental appointments, the employee must notify their immediate supervisor twenty-four (24) hours in advance. If the need for sick leave is not foreseeable, the employee shall provide advance notice as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. D. In the event that an employee is absent on sick leave in excess of three (3) days or twenty-four (24) hours, or if the District has cause to believe that an employee is misusing sick leave, the District may require that the employee submit a written statement by a physician licensed by the State of California certifying that the condition of the employee or the employee’s family member prevented the employee from performing his/her duties. All employees who use paid leave to address issues related to domestic violence, sexual assault, or stalking, and who cannot provide advance notice of their need for leave, must provide certification of the need for leave within a reasonable time thereafter. Unrepresented Employees Personnel Manual 29 2018-2023 E. An employee who is regularly scheduled to work more than thirty (30) hours shall accrue sick leave at the rate of 3.70 hours per payroll period. Sick Leave shall continue to accrue when an employee is either at work, or on a paid leave of absence. F. An employee may not take more sick leave time than the amount the employee has accrued. The minimum amount of sick leave that may be taken at any time shall be fifteen (15) minutes. An employee may use accrued sick leave beginning on the 90th day after the first day of employment, subject to the limits and request provisions in this Section. G. CalPERS Unused Sick Leave Credit: An employee who retires in accordance with the Public Employees' Retirement System qualifications shall be paid at the rate of their final salary for ⅜ of their accumulated days of sick leave, if any, at the time of separation from active employment. The remaining ⅝ of their accumulated days of sick leave will be converted into CalPERS service credit. H. An employee who works, or is on a paid leave of absence between twenty (20) and thirty (30) hours per week shall accrue sick leave on a proportionate basis relative to a full time employee. I. An employees who is laid off from District employment after being employed by the District for five (5) or more complete consecutive years of regular employment, shall be compensated for accumulated, unused sick leave above 400 hours as follows: YEARS PERCENT PAYABLE ABOVE 400 HOURS ON THE BOOKS 5 through 9 20% 10 through 15 25% 16 through 20 and above 30% Employees who are terminated from the District for cause, or who resign in lieu of termination, shall not be eligible for this benefit. Section 9.04 – Disability Leave A. In situations where an employee has been injured in a non-duty accident and his/her disability leave exceeds thirty (30) continuous calendar days, their merit review and anniversary dates will be adjusted accordingly for that portion of leave exceeding thirty (30) continuous calendar days. B. An injured employee may elect to take sick leave and/or vacation leave, if available, subject to the limitation that his/her disability payment, when added to his/her paid leave, does not result in a net payment exceeding his/her regular compensation. Unrepresented Employees Personnel Manual 30 2018-2023 Section 9.05 – Management Leave Management Employees shall receive a maximum of forty (40) hours of management leave each fiscal year which is strongly encouraged to be used within the fiscal year in which it is accrued. Any unused management leave will be cashed out at the employee’s then hourly rate of pay at the end of the fiscal year. There will be no carry-over of management leave time to the next fiscal year. Management Employees joining after the start of the fiscal year shall receive a prorated benefit based on the number of remaining payroll periods in the fiscal year. Section 9.06 – Bereavement Leave Upon the death of an immediate family member, an employee shall be entitled to use up to three (3) days of District-paid bereavement leave to attend funeral services and/or conduct business associated with the deceased. The General Manager, at his/her sole discretion, may allow the employee to use up to an additional four (4) days of sick leave for this purpose. The General Manager, at his/her sole discretion, may also allow an employee to use up to four (4) days of sick leave, if available, for bereavement of a non-immediate family member. Section 9.07 – Unpaid Leave of Absence A. An employee’s request for any unpaid leave of absence shall be submitted to the Human Resources and Risk Manager. In consultation with Human Resources and Risk Manager, department managers may grant an employee a leave of absence without pay for a period not to exceed two (2) weeks. B. In consultation with the Human Resources and Risk Manager, the General Manager may grant an employee a leave of absence without pay or seniority for a period not to exceed six (6) months. Any leave of absence for a period longer than six (6) months must be approved by the Board of Directors. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Approval, if granted, shall be in writing from the General Manager, or designated representative(s) thereof, and such approval shall be entirely at their discretion C. Except as provided by law, the District shall not be required to make contributions toward insurance or retirement coverage. An employee on an unpaid leave of absence for more than thirty (30) continuous calendar days shall submit to the District any and all actual premiums for any and all insurance coverage. If the employee chooses not to submit any or all of these premiums, their coverage shall be terminated within the limits prescribed by the benefit carriers and shall be reinstated within the limits Unrepresented Employees Personnel Manual 31 2018-2023 prescribed by the benefit carrier at the time of their reinstatement by the District. D. Upon expiration of an approved unpaid leave of absence or within twenty- four (24) hours’ notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted or to a comparable position. Failure on the part of an employee to report to work promptly at the expiration of the approved leave period may subject the employee to disciplinary action up to and including termination. The depositing in the United States mail of a first-class postage-paid letter addressed to the employee’s last known place of residence shall be reasonable notice. E. Except as provided by law, an employee on an unpaid leave of absence in exceeding thirty (30) continuous calendar days shall have his/her seniority extended by the number of calendar days they were on leave. Section 9.08 – Voting Leave An employee may take off such working time as shall 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 is subject to approval of the Department head and shall normally be at the beginning or end of the work shift. Section 9.09 – Jury Duty/Court Testimony An employee required to serve as a trial juror shall be entitled to be absent from their duties during the period of jury service. The employee shall receive full compensation from the District for a period not to exceed ten (10) working days for each period of jury duty. If court records indicate that the employee advised the court of this ten (10) working day limit for which the District provides payment, and the employee is nonetheless selected for a jury, and the jury duty exceeds ten (10) working days, the excess days shall be paid by the District. Witness fees or juror fees, with the exception of mileage reimbursement, shall be submitted to the District. Section 9.10 – Military Leave Payment of an employee on military leave is governed by law. Employees must submit a copy of military orders to the Human Resources and Risk Manager 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. ARTICLE X – LAYOFF PROCEDURES Section 10.01 – Elimination of Position Unrepresented Employees Personnel Manual 32 2018-2023 The Board may require elimination or curtailment of a public service activity if the Board determines 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. Section 10.02 – Layoff Procedure A. When employees have equal seniority for retention in a classification, the employee with the longest length of continuous service with the District since the employee’s last date of hire shall have the highest retention priority. B. ORDER OF LAYOFF: When layoff is necessary, employees are subject to layoff by classification and by department in the following order: 1. Temporary employees shall be laid off in an order determined by seniority. 2. Probationary and provisional (acting) employees shall be laid off in an order determined by seniority. 3. Regular and promotional probationary employees shall be laid off in an order determined by seniority. C. SENIORITY LIST: Employees shall be subject to layoff as follows: 1. The names of all employees in a classification within a department shall be listed in order of seniority according to the categories described above. The procedure described below shall 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 (3) least senior employees shall 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 shall be considered. The General Manager shall base layoff decisions on seniority. 3. In order to avoid layoff, an employee laid off under the provisions of Section 10.02.C.2 above may, within three (3) working days of receiving the layoff notice, request demotion to a position in any lower classification within the same series, or in an equivalent series, or in any classification within the classified service in which the employee previously held regular status. Whether to allow an incumbent to bump shall be based upon seniority. The decision must be recommended by the Human Resources and Risk Manager and approved by the General Manager. Unrepresented Employees Personnel Manual 33 2018-2023 4. In the case of any question as to the equivalency of classifications for purposes of Section 10.02.C.3 above, the decision of the Human Resources and Risk Manager is final. D. WRITTEN NOTICE OF LAYOFF: Any employee to be laid off shall be given written notice of layoff not less than fourteen (14) calendar days prior to the effective date of such layoff. Section 10.03 – Reemployment A. REEMPLOYMENT LIST: The names of persons laid off shall be placed on a reemployment list for each classification in the same and any equivalent series at or below the level of the classification from which laid off and for each classification in which regular status was previously held. These names shall be placed on the reemployment list in reverse order of layoff. The last employee laid off is the first employee on the reemployment list, with other laid off employees listed in sequential order thereafter. An employee whose position has been reallocated to a lower classification but who has not been demoted for cause shall also have his/her names placed on the reemployment list for the classification from which his/her position was reallocated. Reemployment lists shall be certified by the Human Resources and Risk Manager and be valid for one year from the date of layoff. B. APPOINTMENTS: The General Manager shall select from among the three highest available and qualified on the reemployment list. Qualifications shall be determined by the last performance evaluation prior to layoff. 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. Section 10.04 – Salary Upon Reemployment After Layoff An employee reemployed in the same classification or a comparable classification shall be placed in the same salary step held upon layoff. ARTICLE XI – EMPLOYEE DISCIPLINE Section 11.01 – Cause for Discipline Employees who have passed probation may be subject to discipline for reasons Unrepresented Employees Personnel Manual 34 2018-2023 including but not limited to the following: A. FRAUD IN SECURING EMPLOYMENT: Making a false statement on an application for employment or on any supporting documents furnished with or made part of any application. B. INEFFECTIVENESS: Failing to meet or comply with the minimum standards of a position or to perform the duties required of an employee in that position in an effective and timely manner. C. ABSENTEEISM: Excessive absences or repeated lateness for work. D. DISOBEDIENCE/INSUBORDINATION: Willfully failing to follow or conform to established supervisor’s lawful orders or directions, or acting in an insulting or demeaning manner toward a supervisor. E. DISHONESTY: Communicating information in an untruthful or misleading manner. F. SUBSTANCE ABUSE: Being under the influence of alcohol or illegal drugs while on duty. G. VIOLATION OF DISTRICT/DEPARTMENT/SECTION RULES OR POLICIES: Violation of the Personnel Manual, District policies and/or procedures, departmental/section rules, or professional standards. H. DISCOURTESY: Discourteous treatment of other employees or members of the public. I. PROPERTY USE: Improper or unauthorized use of District property. J. UNBECOMING CONDUCT: Conduct likely to cause discredit to the employee or the District or impair the ability of oneself or others to effectively perform job duties. K. ABUSE OF LEAVE: Abuse of sick leave or other leaves, including, but not limited to, using leave for unauthorized purposes. L. CARELESSNESS/NEGLIGENCE: Careless or negligent behavior in the care or handling of District property. M. UNAUTHORIZED OVERTIME: Performing overtime work without prior authorization. N. FRAUDULENT ACTION: Falsifying a timesheet, production records overtime sheets or other work record, or engaging in fraud of any type. Unrepresented Employees Personnel Manual 35 2018-2023 O. SLEEPING ON DUTY. P. READING NON-WORK RELATED MATERIAL DURING WORKING HOURS, EXCEPT DURING AUTHORIZED BREAKS AND/OR MEAL PERIODS. Q. CARRYING A FIREARM OR OTHER UNAUTHORIZED WEAPON WHILE ON DISTRICT PROPERTY. R. POSSESS, SELL, BUY, DISTRIBUTE, OFFER TO POSSESS, SELL, BUY, DISTRIBUTE OR USE, BEING UNDER THE INFLUENCE OR HAVING IN THE EMPLOYEE’S SYSTEMS ANY ILLEGAL SUBSTANCE, ALCOHOL OR ANY LEGAL DRUG OR SUBSTANCE NOT PROPERLY OBTAINED BY THE EMPLOYEE, WHILE ON DISTRICT TIME AND/OR PROPERTY. S. DANGEROUS ACTS: Engaging in conduct likely to endanger oneself, other employees or members of the public, and/or create potential liability for the District through damage or injury. T. DISRUPTION OF DISTRICT BUSINESS THROUGH WILLFUL MISCONDUCT. U. SEXUAL ACTIVITY ON DUTY. V. RELEASE OF CONFIDENTIAL INFORMATION. W. CRIMINAL CONDUCT: Commission of a crime either a) during the course of employment or b) during the employee’s off-duty hours if there is a nexus to the employment relationship between the District and the employee, the employee becomes unavailable to work as result, or the District’s interests are adversely affected. Section 11.02 – Types of Actions The types of disciplinary actions are: verbal reprimand, written reprimand, suspension without pay, involuntary demotion, reduction in pay and termination. For each type of disciplinary action, certain steps and procedures must be followed. A supervisor who is considering a disciplinary action beyond a verbal reprimand should discuss the circumstances of the situation with the Human Resources and Risk Manager 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, in consultation with the Human Resources and Risk Manager. Unrepresented Employees Personnel Manual 36 2018-2023 Section 11.03 – Progressive Steps Disciplinary actions may, but are not required to, be taken in progressive steps as follows: A. VERBAL REPRIMAND: The supervisor holds a Verbal Reprimand meeting with the employee. The purpose of the meeting is to explain the employee's conduct or acts which are in violation of the Personnel Manual, policies, procedures, 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 REPRIMAND: The supervisor prepares a Written Reprimand memo. The written reprimand constitutes notice of the infraction(s) including the circumstances. The supervisor shall hold a Written Reprimand meeting with the employee. Employees who have received written reminders are entitled to the following: 1. A meeting with the supervisor to discuss the contents of the written reprimand. 2. The opportunity to present a written response to the written reprimand. The written reprimand and the response shall be placed in the employee's personnel file. 3. The employee has ten (10) business days from receipt of the written reprimand in which to write a response to it. C. SUSPENSION WITHOUT PAY: An employee may be suspended without pay for up to thirty (30) calendar days. When placing an employee on suspension without pay, the supervisor shall follow all of the steps listed under Section 11.04 – Disciplinary Procedure. D. INVOLUNTARY DEMOTION: An employee may be demoted to a classification having an overall lower salary range. When demoting an employee, the supervisor must follow all of the steps listed under Section 11.04 – Disciplinary Procedure. E. REDUCTION IN PAY: An employee may be reduced in pay to a lower step within the pay range. When reducing the salary of an employee, the supervisor must follow all of the steps listed under Section 11.04 – Disciplinary Procedure. F. TERMINATION: When it is necessary to terminate an employee, the supervisor must follow all of the steps listed under Section 11.04 – Disciplinary Procedure. Unrepresented Employees Personnel Manual 37 2018-2023 Section 11.04 – Disciplinary Procedure The following procedure applies only to a suspension without pay, involuntary demotion, reduction in pay, and/or termination. A. When an employee who has passed probation is to be subject to discipline, specific written charges shall be prepared and presented by the employee’s department manager for action by the Human Resources and Risk Manager. B. The Human Resources and Risk Manager shall provide such employee with a written Notice of Intent. The Notice of Intent shall advise the employee of the contemplated level of discipline and underlying charge(s), and that the employee is entitled to respond to the charges as provided below. Relevant documents relied upon in proposing the discipline shall be attached to the Notice of Intent. The employee shall have the right to respond orally or in writing to the Human Resources and Risk Manager within five (5) business days from the date of issuance of the Notice of Intent if personally served, or ten (10) calendar days if served by mail. The Notice of Intent shall contain a "statement of personal service or mailing" indicating the date on which the Notice of Intent was personally served or deposited in the United States Mail. Such date of personal service or mailing shall be the “date of issuance” of the Notice of Intent. The Human Resources and Risk Manager may act upon the initial written and/or oral presentation of the employee or may request that the employee submit a further response in writing, or permit the employee a further oral presentation. Failure of the employee to make a written response or request an oral presentation shall constitute waiver of this pre-disciplinary provision. At his/her own expense, the employee shall be entitled to be represented by counsel or other person of their choice during the course of the above proceedings. This pre-disciplinary hearing is an opportunity for the employee to tell their story, but is not an evidentiary hearing, and the employee may not call witnesses. C. The Human Resources and Risk Manager shall provide the employee a written Notice of Discipline, describing his/her final decision to proceed with, modify, or cancel the proposed disciplinary action. The decision of the Human Resources and Risk Manager shall be immediately implemented. Section 11.05 – Appeal of Disciplinary Action The following procedure applies only to a suspension without pay, involuntary demotion, reduction in pay, and termination. Unrepresented Employees Personnel Manual 38 2018-2023 A. When disciplinary action has been taken by the Human Resources and Risk Manager pursuant to Section 11.03, the employee shall have the right to an appeal. An appeal shall not suspend the effective date of the discipline. Failure to timely appeal by the employee or his/her representative will make the action by the Human Resources and Risk Manager final and conclusive. B. Within fifteen (15) calendar days after the final Notice of Discipline is issued, the subject employee may appeal to the General Manager by filing a written answer to the charges and requesting a hearing thereon. C. The General Manager may hear the matter or may appoint a hearing officer to hear the matter and make a recommendation to the General Manager. In the event the action involves a department head or other employee who reports directly to the General Manager, the Board of Directors shall 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. D. The hearing officer shall prepare a recommended decision and forward it to the General Manager no later than thirty (30) calendar days after the matter of appeal was taken under submission by the hearing officer. The recommended decision shall set forth which charges, if any, the hearing officer feels are sustained and the reasons therefor. The recommended decision shall also set forth whether the level discipline imposed reflects an abuse of discretion. E. Within thirty (30) calendar days of receiving the recommendation of the hearing officer, and after consideration of the record only, the General Manager may sustain or reject any or all of the charges filed against the employee. If the General Manager modifies reduces the level discipline, the General Manager shall, as appropriate, order all or part of the employee’s full compensation from the time of dismissal or suspension, if applicable to be paid. The General Manager shall issue a written decision which is final and binding. F. An employee who was demoted or dismissed may be reinstated to his/her position as a result of a successful appeal. In the event of such reinstatement, the employee shall be entitled to their former status of employment. G. Dismissal of an employee from the District service following the pre- disciplinary meeting at the Human Resources and Risk Manager, shall: 1. Constitute a dismissal as of the same date from all positions the employee may hold in the District service. Unrepresented Employees Personnel Manual 39 2018-2023 2. Terminate the salary of the employee as of the effective date of their dismissal except that they shall be compensated for any unpaid salary, unused vacation, compensatory time off, and alternative time to their credit as of the date of dismissal. Section 11.06 – Placement in Personnel File Official disciplinary action documents shall be placed in the employee's personnel file when the discipline is final. Section 11.07 – Employee Acknowledgement The employee shall be asked to acknowledge each document in the disciplinary process by signing that it was received. Section 11.08 – Paid Administrative Leave An employee may be placed on paid administrative leave during an investigation of alleged misconduct and/or while disciplinary action is being considered. Section 11.09 – Job Abandonment When an employee has been absent without authorization from work for more than three (3) days, and in the opinion of the Department head the employee has abandoned his/her position, the Department Head shall notify the General Manager or a designee. The General Manager shall notify the employee that the District has determined the employee has abandoned his/her position, and the employee has five working days upon receipt of the notice to contact the District regarding his/her intent to return to work. Such notice shall be in writing and sent by certified mail or personal service to the most recent address listed in the employee's personnel file. Abandonment of a position may include, but is not limited to: A. An employee failing to return to their employment upon conclusion of any authorized leave of absence; B. An employee failing to properly notify their immediate supervisor of absence due to sickness or injury; C. 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 this Personnel Manual; If an employee fails to respond within five (5) working days to the notice of abandonment of position, the employee may be considered to have abandoned his/her position of employment with the District, which shall serve as just cause for termination and grounds for disqualification from future employment with the District. Even if the Unrepresented Employees Personnel Manual 40 2018-2023 employee responds within five (5) working days to a notice of abandonment, nothing herein shall preclude the District from taking disciplinary action, up to and including termination, for abuse of leave or unauthorized absence. ARTICLE XII – GRIEVANCE PROCEDURE Section 12.01 – Purpose The purpose of this section is to enhance communications between the District and 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. Section 12.02 – Matters Subject to the Grievance Procedure A. A grievance may be filed for an alleged violation of this Manual. B. The grievance procedure shall not be used to establish a new policy or change an existing rules. It shall not be used to challenge a disciplinary action or a performance evaluation. Section 12.03 – Informal Grievance Adjustment A. An aggrieved employee shall try to resolve the issue through informal discussion with his/her supervisor no later than ten (10) working days after the employee knew or reasonably should have known of the facts underlying the grievance. The supervisor shall conduct whatever investigation he/she deems necessary and reply in writing to the grievant within ten (10) working days. Any matters that the supervisor does not have authority to decide shall be brought to the attention of a higher level supervisor who does have the proper authority. B. If the grievant remains dissatisfied, and/or some other extenuating circumstances exist, he/she may file a written informal grievance with the next level of authority no later than ten (10) working days after receipt of the informal decision. The higher level supervisor shall conduct whatever investigation he/she deems necessary and reply in writing no later than ten (10) working days after receipt of the written informal grievance. If the grievant is still not satisfied with the decision, they may file a formal grievance within ten (10) working days of receipt of the higher level supervisor’s written decision. Section 12.04 – Formal Grievance Procedure A. The formal grievance procedure may be followed only after failure to resolve the issue through informal grievance adjustment. If the employee is not in agreement with the informal written decision reached, he/she may within ten (10) working days of the receipt of the higher level supervisor’s Unrepresented Employees Personnel Manual 41 2018-2023 written decision, file a formal grievance in writing with the Human Resources and Risk Manager with a copy to the General Manager. The Human Resources and Risk Manager shall conduct whatever investigation he/she deems necessary to allow fair consideration of the situation and shall present a written reply to the grievant within ten (10) working days after receipt of the written grievance. A copy of the reply shall be forwarded to the General Manager. B. If the employee is not satisfied with the decision of the Human Resources and Risk Manager, he/she may file a written appeal to the General Manager within five (5) working days after having received a reply from the Human Resources and Risk Manager. Within ten (10) working days of receipt of the written appeal, the General Manager shall make a written decision which shall be final and binding on all parties. The General Manager may conduct whatever investigation and/or meeting(s) he/she deems appropriate. Section 12.05 – General Conditions A. The Human Resources and Risk Manager shall receive and retain copies of all written materials pertaining to the grievance. B. An employee may represent himself/herself, or at his/her own expense, select whomever they desire to represent them in the grievance procedure. C. If an employee fails to proceed with a grievance within any of the time limits specified in this section, the grievance shall be deemed abandoned with no further basis for appeal. D. If an employee fails to proceed with a grievance within any of the time limits specified in this article, the grievance shall be deemed denied. The time limits for appeal of a denied grievance shall commence running upon receipt by the grievant of a timely written grievance rejection, or absent such rejection, at the end of the supervisory reply period, where no written rejection has been provided. E. Any of the time limits specified in this section may be extended in writing when mutually agreed upon by all parties concerned. F. Either the grievant, the Human Resources and Risk Manager or the General Manager, may request a meeting to review the grievance prior to a decision. G. When a grievant or designated representative (if a District employee) attends a grievance meeting or hearing with management during the work day, they shall be released without any loss of pay in order to permit Unrepresented Employees Personnel Manual 42 2018-2023 participation in the foregoing activities, provided advance arrangements are made with the employee's Department Head.