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HomeMy WebLinkAbout2009-08-10 - Personnel-Risk Management Committee Meeting Agenda Packet 'rb Linda Water District AGENDA YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING Monday, August 10, 2009, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director Paul R. Armstrong, Chair Ken Vecchiarelli, General Manager Director John W. Summerfield, Alternate Gina Knight, Human Resources Manager 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 2.1. Employee-Employer Relations Between the District and Its Recognized Employee Organizations Recommendation: That the Committee recommend the Board of Directors adopt Resolution 09-11 Implementing Chapter 10, Division 4, Title 1 of the Government Code, State of California, "Local Public Employee Organizations". 3. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 3.1. Status of Recruitments 3.2. Status of Risk Management Activities 3.3. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next regular meeting of the Personnel-Risk Management Committee will be held September 14, 2009 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 2.1 AGENDA REPORT Meeting Date: August 10, 2009 To: Personnel-Risk Management Committee From: Ken Vecchiarelli, General Manager Presented By: Gina Knight, Human Resources Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Gina Knight, Human Resources CEQA Compliance: N/A Manager Subject: Employee-Employer Relations Between the District and Its Recognized Employee Organizations SUMMARY: Resolution 09-11 establishes rules of engagement and uniform methods of communications for future negotiations between employees, employee organizations and the Yorba Linda Water District. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors adopt Resolution 09-11 Implementing Chapter 10, Division 4, Title 1 of the Government Code, State of California, "Local Public Employee Organizations". DISCUSSION: In November 2008, the Personnel-Risk Management Committee reviewed and approved the Employee-Employer Relations Resolution (EERR). The resolution was reviewed and discussed in the Meet and Confer process with the District's Negotiating Team and the Employee's Bargaining Unit Representatives. In summary, the resolution addresses the following: • Procedures for Meeting and Conferring • Filing Recognition Procedures by an Employee Organization • Employee Organization Election Procedures • Decertification Procedures of Recognized Employee Organizations • Employee Organization Activities — Use of District Resources • Impasse Procedures Following several meetings where most of the terms and certain negotiated matters were agreed upon, the two parties determined that an impasse had been reached and on July 20, 2009, the parties submitted their Meet and Confer disputes to a representative of the State Mediation and Conciliation Services. The attached resolution has been agreed to by the party representatives following successful completion of the mediation process. Therefore, staff recommends the Board of Directors adopt the resolution, which defines the guidelines to be used during the meet and confer process and encourages more effective and successful good- faith bargaining between employee organizations and the District. ATTACHMENTS: Resolution 09-11 - Employee-Employer Relations.doc "'?solution 09-11 Resolution RESOLUTION NO. 09-11 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT IMPLEMENTING CHAPTER 10, DIVISION 4, TITLE 1 OF THE GOVERNMENT CODE, STATE OF CALIFORNIA, "LOCAL PUBLIC EMPLOYEE ORGANIZATIONS" WHEREAS, the District wishes to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations; and WHEREAS, the District intends to strengthen methods of administering employee- employer relations through the establishment of uniform methods of communications between employees, employee organizations and the Yorba Linda Water District, NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District to implement the following provisions. Article 1. General Provisions Section 1: Statement of Purpose This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," (the Meyers-Milias- Brown Act) by providing orderly procedures for the administration of employee-employer relations between the Yorba Linda Water District and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, ordinances, resolutions and rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employee-employer relations. This Resolution is intended, instead, to strengthen merit, civil service and other methods of administering employee-employer relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the Yorba Linda Water District. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law, or by the laws governing and/or creating the Yorba Linda Water District. However, nothing herein shall be construed to restrict any legal or inherent exclusive Yorba Linda Water District rights with respect to Resolution No. 09-11 Employee-Employer Relations 1 matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; determine the rules and policies under which employment is to be managed; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Section 2. Definitions As used in this Resolution, the following terms shall have the meanings indicated: a. "Appropriate unit" means a unit of employee classes or positions, established pursuant to Article II hereof. b. "District" means the Yorba Linda Water District, and, where appropriate herein, refers to the Board or any duly authorized District representative as herein defined. C. "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the District's administration of employee-employer relations. d. "Consult/Consultation in Good Faith" means to communicate orally or in writing with all effected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof. e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Officer" means the District General Manager or his or her duly authorized representative. Resolution No. 09-11 Employee-Employer Relations 2 g. "Exclusively Recognized Employee Organization" means an employee organization that has been formally acknowledged by the District as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. Such recognition status may not be challenged by another employee organization: 1) within twelve (12) months of such recognition and 2) to take effect during a Memorandum of Understanding having a term of up to three (3) years. h. "Impasse" means that the representatives of the District and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and about which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. i. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of District policies and programs and/or an employee who exercises supervisory authority. j. "Proof of Employee Support" means: 1) an authorization card recently signed and personally dated by an employee, provided that the card has not been subsequently revoked in writing by the employee prior to its submission, 2) a verified authorization petition or petitions recently signed and personally dated by an employee or 3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition. k. "Supervisory Authority" means any employee having authority, in the interest of the District, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, Resolution No. 09-11 Employee-Employer Relations 3 or responsibly to direct them, or to adjust their grievances or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. 1. Terms not defined herein shall have the meanings as set forth in the Meyers-Milias-Brown Act. Article II. Representation Proceedings Section 1. Filing of Recognition Petition by Employee Organization An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: a. Name and address of the employee organization. b. Names and titles of its officers. C. Names of employee organization representatives who are authorized to speak on behalf of the organization. d. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the District. e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a local, regional, state, national or international organization and, if so, the name and address of each such other organization. f. Certified copies of the employee organization's constitution and bylaws. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition. Resolution No. 09-11 Employee-Employer Relations 4 i. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the District. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. k. A request that the Employee Relations Officer formally executing it acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization. Section 2. District Response to Recognition Petition Upon receipt of the Petition, the Employee Relations Officer shall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and b The proposed representation unit is an appropriate unit in accordance with Section 7 of this Article II. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 10, Article II of this Resolution. Resolution No. 09-11 Employee-Employer Relations 5 Section 3. Open Period for Filing Challenging Petition Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged) by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 1 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 6 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 10 of this Article II. Section 4. Granting Recognition Without an Election If the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another mutually agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit. Section 5. Election Procedure Where recognition is not granted, pursuant to Section 4, Article II, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Resolution. All employee organizations that have duly submitted petitions, which have Resolution No. 09-11 Employee-Employer Relations 6 been determined to be in conformance with this Article II, shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the District. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date ending at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the District in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast with the rules governing an initial election being applicable to a run-off election. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service. Costs of conducting elections shall be borne in equal shares by the District and by each employee organization appearing on the ballot. Section 6. Procedure for Decertification of Exclusively Recognized Employee Organization A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years. A Decertification Petition may be filed by two or more employees or their representative or an employee organization and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: Resolution No. 09-11 Employee-Employer Relations 7 a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. C. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under paragraph (c.) of this Section 6 and otherwise conforms to the requirements of Section 1 of this Article II. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 10 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his/her negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of Resolution No. 09-11 Employee-Employer Relations 8 decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 1 of this Article II. During the "open period" specified in the first paragraph of this Section 6, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event, any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section 6, which the Employee Relations Officer shall act on in accordance with this Section 6. If, pursuant to this Section 6, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Section 7. Policy and Standards for Determination of Appropriate Units The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on: 1) the efficient operations of the District and its compatibility with the primary responsibility of the District and its employees to effectively and economically serve the public, and 2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: a. Similarity of the general kinds of work performed, types of qualifications required and the general working conditions. b. History of representation in the District and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. C. Consistency with the organizational patterns of the District. d. Effect of differing legally mandated impasse resolution procedures. Resolution No. 09-11 Employee-Employer Relations 9 e. Number of employees and classifications and the effect on the administration of employee-employer relations created by the separation of classifications and creation of multiple units. f. Effect on the classification structure and impact on the stability of the employee-employer relationship of dividing a single or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, managerial, and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, and confidential employees may only be included in a unit consisting solely of managerial, or confidential employees respectively. Managerial and confidential employees may not represent any employee organization which represents other employees. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final. Section 8. Procedure for Modification of Established Appropriate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 6 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section 1 of this Article II, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 7 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II. The Employee Relations Officer may by his/her own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 7 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 10 of this Article. Resolution No. 09-11 Employee-Employer Relations 10 If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Section 1 of Article II. Section 9. Procedure for Processing Severance Requests An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Section 8 of Article II for modification requests. Section 10. Appeals An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 1, Article II), Challenging Petition (Section 3, Article II), Decertification Petition (Section 6, Article II), Unit Modification Petition (Section 8, Article II) or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 6, Article II) or Severance Request (Section 9, Article II) ---has not been filed in compliance with the applicable provisions of this Article, may, within fifteen (15) days of notice of the Employee Relations Officer's final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the District's Board for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of mediation proceedings, whichever is later. Appeals to the District's Board shall be filed in writing with the Board's Secretary, and a copy thereof served on the Employee Relations Officer. The District's Board shall commence to consider the matter within thirty (30) days of the filing of the appeal. The District's Board may, in its discretion, refer the dispute to a non-binding third party hearing process. Any decision of the Board on the use of such procedure, and/or any decision of the Board determining the substance of the dispute shall be final and binding. Resolution No. 09-11 Employee-Employer Relations 11 Article III. Administration Section 1. Submission of Current Information by Recognized Employee Organizations All changes in the information filed with the District by an Exclusively Recognized Employee Organization under items a. through h. of its Recognized Petition under Section 1, Article II of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. Exclusively Recognized Employee Organizations that are party to an agency shop provision shall provide annually to the Employee Relations Officer and to unit members within 60 days after the end of its fiscal year the financial report required under Government Code Section 3502.5 (f) of the Meyers-Milias Brown Act. Section 2. Employee Organization Activities - Use of District Resources Access to District work locations and the use of District paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employee-employer relationship and not such internal employee organization business as soliciting membership or campaigning for office, and shall not interfere with the efficiency, safety and security of District operations. Section 3. Administrative Rules and Procedures The District General Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation(or meeting and conferring as required by law) with affected employee organizations. Article IV. Impasse Procedures Section 1. Initiation of Impasse Procedures: If the meet and confer process has reached impasse as defined in Section 2, Article I of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An Resolution No. 09-11 Employee-Employer Relations 12 impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: a. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding, and b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Section 2. Impasse Procedures Impasse procedures are as follows: a. Either party may propose that the impasse be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position at any time concerning the issues. The mediation shall be conducted by the State Mediation and Conciliation Service. b. If the parties fail to resolve the dispute through mediation the parties shall submit the impasse to the Board of Directors for the Board's determination, which shall be final and conclusive. Section 3. Costs of Impasse Procedures The cost for the services of a mediator, and other mutually incurred costs of mediation, shall be borne equally by the District and Exclusively Recognized Employee Organization. Article V. Miscellaneous Provisions Section 1. Construction This Resolution shall be administered and construed as follows: a. Nothing in this Resolution shall be construed to deny to any person, employee, organization, the District, or any authorized officer, body or other representative of the District, the rights, powers and authority granted by federal or state law (or District Charter provisions). b. This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I. Resolution No. 09-11 Employee-Employer Relations 13 Section 2. Severability If any provision of this Resolution, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. PASSED AND ADOPTED this 13th day of August, 2009 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by Special Employment Relations General Counsel: Richard M. Kreisler, Esq. Liebert Cassidy Whitmore Resolution No. 09-11 Employee-Employer Relations 14 ITEM NO. 3.1 AGENDA REPORT Meeting Date: August 10, 2009 Subject: Status of Recruitments ATTACHMENTS: Authorized Positions 080609.xls =recruitment Status Report Report(s) Authorized Positions Salary Start Range Position Classification Auth Emp Status/Comments Date 1-11 (Temporary Help) 0 0 12 13 14 15 Customer Service Representative 1 1 1 16 Meter Reader 1 2 2 17 Accounting Assistant 1 1 1 Customer Service Representative 11 1 1 Engineering Secretary 1 1 Maintenance Worker 1 8 8 Mechanic 1 1 1 Reclass to Mechanic 11 Operations Secretary 1 1 Reclass to Operations Asst. 18 Meter Reader 11 2 2 19 Customer Service Representative 111 2 2 Operations Assistant 0 0 Storekeeper 1 1 20 Engineering Technician 1 0 0 Maintenance Distribution Operator 11 8 7 Under filled with (5) Maintenance Worker I positions. Vacant position is non-funded Water Quality Technician 1 0 0 21 Accounting Assistant 11 2 1 Filled with part time consultant. Vacant position is non-funded Facilities Maintenance 1 1 Mechanic 11 0 0 22 Information Systems Technician 1 1 1 Water Quality Technician 11 1 1 Under filled with (1) WQT 1. 23 Executive Secretary 1 1 Salary Adjustment to R25 Maintenance Distribution Operator 111 5 4 Vacant position is non-funded Meter Services Representative 1 1 Mechanic 111 1 1 Personnel Technician 1 1 Plant Operator 11 4 Other vacant position is non-funded f/FY 09-10. 24 Construction Inspector 1 1 Engineering Tech 11 3 3 GIS Technician 1 1 Information Systems Technician 1 1 11/Programmer As of August 6, 2009 Authorized Positions Salary Start Range Position Classification Auth Emp Status Date 25 Assistant Administrator 1 1 0 Vacant position is non-funded Human Resources Analyst 1 1 Instrumentation Technician 1 1 Sr. Accountant 1 1 26 GIS Administrator 1 0 Vacant position is non-funded Project Engineer 2 2 Sr. Construction Inspector 1 1 Sr. Fleet Mechanic 1 1 Sr. Maintenance Distribution Operator 4 4 Sr. Plant Operator 1 1 27 Customer Service Supervisor 1 1 28 Management Analyst 1 1 29 Water Quality Engineer 1 30 Public Information Specialist 1 0 Water Maintenance Superintendent 1 1 SCADA Administrator 1 1 Information Systems Administrator 1 1 31 Chief Plant Operator 1 1 32 33 34 Sr. Project Manager 1 0 35 36 Human Resources Manager 1 1 37 Engineering Manager 1 1 Finance Director 1 1 Information Technology Director 1 0 Vacant position is non-funded Operations Manager 1 1 38 39 40 Assistant General Manager 1 1 General Manager 1 1 Total 83 As of August 6, 2009