HomeMy WebLinkAbout2023-08-03 - Resolution No. 2023-25RESOLUTION NO. 2023-25
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING THE PERSONNEL MANUAL FOR UNREPRESENTED
EMPLOYEES FOR FISCAL YEARS 2024-2025
WHEREAS, the Yorba Linda Water District's Unrepresented Employees exist as a
group separate from the Yorbo Linda Water District Employees'
Association; and
WHEREAS, the representatives of the Board of Directors of the Yorbo Linda
Water District ("District) have made adjustments to the terms and
conditions of employment in the Personnel Manual tor
Unrepresented Employees.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of fhe Yorbo Linda
Water District as follows:
SECTION 1. The Personnel Manual for Unrepresenfed Employees for Fiscal
Years 2024-2025 attached hereto and by this reference
incorporofed herein, shall be adopted and effective July 1, 2023.
SECTION 2. The General Manager is hereby authorized to execute said
Personnel Manual.
SECTIONS. Effective July 1, 2023 Resolution Nos. 18-10, 18-16, 18-28, 18-34,
2019-03, 2019-21 , 2020-07, 2021-05, 2021-1 1 , 2021-13, 2021-34,
2022-24, 2023-06 ore hereby rescinded.
Resolution No. 2023-25 Adopting the Personnel Manual tor Unrepresented Employees for Fiscal Years 2024-2025
PASSED AND ADOPTED this day of August 2023 by the following colled vote:
AYES: Director Borbre, DesRoches, Lindsey, ond Miller
NOES: None
ABSTAIN: None
ABSENT: Director Howkins
Brett R. Borbre, President
Yorbo Undo Woter District
ATTEST:
Annie Alexonder, Boord Secretory
Yorbo Undo Woter District
Reviewed os to form by Generol Counsel:
Andhevv B. G^en, Esq.
Kidmon Gogen Low LLP
Resolution No. 2023-25 Adopting tine Personnel Manual tor Unrepresented Employees for Fiscal Years 2024-2025
Unrepresented Employees Personnel Manual 1
2023-2025
PERSONNEL MANUAL
UNREPRESENTED EMPLOYEES
EFFECTIVE JULY 1, 2023 THROUGH JUNE 30, 2025
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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 ............................................................................................. 6
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 ........................ 11
Section 5.03 – Deferred Compensation .................................................................... 12
Section 5.04 – Medical, Dental, and Vision Insurance .............................................. 12
Section 5.05 – Life Insurance and Accidental Death and Dismemberment (AD&D) . 12
Section 5.06 – Supplemental Life Insurance and Accidental Death and
Dismemberment (AD&D) ........................................................................................... 13
Section 5.07 – Long-Term Disability .......................................................................... 13
Section 5.08 – Cafeteria Plan .................................................................................... 13
Section 5.09 – Employee Assistance Program (EAP) ............................................... 13
Section 5.10 – Retiree Insurance Benefits ................................................................ 14
Section 5.11 – Benefits Payroll Deduction................................................................. 15
ARTICLE VI – MISCELLANEOUS BENEFITS .............................................................. 15
Section 6.01 – Safety Boot Allowance ....................................................................... 15
Section 6.02 – Certificate Pay ................................................................................... 15
Section 6.03 – Education Reimbursement ................................................................ 17
Section 6.04 – Commercial Driver’s License Pay ...................................................... 18
Section 6.05 – Uniforms ............................................................................................ 18
Section 6.06 – Car Allowance.................................................................................... 18
ARTICLE VII – WORK SCHEDULE .............................................................................. 18
Section 7.01 – Work Week ........................................................................................ 18
Section 7.02 – Overtime ............................................................................................ 20
Section 7.03 – Overtime Pay ..................................................................................... 20
Section 7.04 – Compensatory Time .......................................................................... 21
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Section 7.05 – Fatigue Accommodation .................................................................... 22
Section 7.06 – Meals During Emergency Service ...................................................... 22
Section 7.07 – Rest Period ........................................................................................ 22
Section 7.08 – Standby Compensation ..................................................................... 22
Section 7.09 – Call-Out Compensation ..................................................................... 23
ARTICLE IX – LEAVES ................................................................................................. 25
Section 9.01 – Holidays ............................................................................................. 25
Section 9.02 – Vacation Leave .................................................................................. 26
Section 9.03 – Sick Leave ......................................................................................... 28
Section 9.04 – Disability Leave .................................................................................. 30
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 ................................................................ 32
Section 9.10 – Military Leave ..................................................................................... 32
ARTICLE X – LAYOFF PROCEDURES ....................................................................... 32
Section 10.01 – Elimination of Position ..................................................................... 32
Section 10.02 – Layoff Procedure ............................................................................. 32
Section 10.03 – Reemployment ................................................................................ 33
Section 10.04 – Salary Upon Reemployment After Layoff ........................................ 34
ARTICLE XI – EMPLOYEE DISCIPLINE ...................................................................... 34
Section 11.01 – Cause for Discipline ......................................................................... 34
Section 11.02 – Types of Actions .............................................................................. 36
Section 11.03 – Progressive Steps ............................................................................ 36
Section 11.04 – Disciplinary Procedure ..................................................................... 37
Section 11.05 – Appeal of Disciplinary Action ........................................................... 38
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 ........................................................................... 40
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 ....................................................... 41
Section 12.04 – Formal Grievance Procedure ........................................................... 41
Section 12.05 – General Conditions .......................................................................... 41
Unrepresented Employees Personnel Manual 1
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YORBA LINDA WATER DISTRICT
PERSONNEL MANUAL FOR UNREPRESENTED EMPLOYEES
EFFECTIVE JULY 1, 2023
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, 2023, unless otherwise noted, through June
30, 2025.
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 the District’s Job Classifications and Salary Schedule identified by
Group “UN”.
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:
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CLASSIFICATION: All positions sufficiently similar in duties, authority, responsibility
and working conditions to permit grouping under common t itle and the application of
common standards of selection, transfer, promotion and salary.
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 t he 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, promoti onal list or
reemployment list.
EMPLOYEE: An individual within a classification included in District’s Job
Classifications and Salary Schedule identified by Group “UN”. 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 examinat ion
open only to qualified District employees and who are eligible for
appointment.
C. Reemployment -- A list of former employees who have been laid off and
who are eligible for reemployment in their former classification or in a
comparable classification carrying the same or lower maximum rate of
pay.
D. Reinstatement -- A list of former employees who resigned from the District
in good standing and who are eligible for reinstatement to their former
classification carrying the same or lower maximum rate of pay.
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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.
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 th at 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,
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 their current
Step to a higher Step in the salary Range established for their classification. The
amount of merit increase is awarded ba sed 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.
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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 at least one and one-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
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 their ability to perform the duties of their position.
PROMOTION: The movement of an employee from one class ification 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 Dire ctors.
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 Di strict 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.
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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 employ ees, serve at
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
Effective July 1, 2023, employees shall receive a five percent (5%) Cost of Living
Adjustment (COLA) to their new base salary resulting from the compensation
adjustments determined by the implementation of the compensation study. All
employees shall receive compensation in accordance with the District’s Job
Classification and Salary Schedule Effective July 1, 2023.
Effective July 1, 2024, employees shall receive a four percent (4%) Cost of Living
Adjustment (COLA) to their base salary. All employees shall receive compensation in
accordance with the District’s Job Classification and Salary Schedule Effective July 1,
2024.
Section 4.02 – Classification Revision and Reclassification
The classifications in the District’s Job Classifications and Salary Schedule may
be amended, combined, or abolished and new classifications set fort h 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 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 may initiate, at any time or upon recommendation
by the Human Resources and Risk Manager, 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
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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 the District’s Job Classifications
and Salary Schedule.
B. The District shall provide an information copy of the ne w classification
specification for any proposed classification relevant to th e 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 their duties and responsibilities have
changed significantly, the employee may request a classification study of
their 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
The District’s Job Classifications and Salary Schedule Effective July 1, 2023 and
Effective July 1, 2024 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 approves a higher salary step based on the
District’s recruitment needs.
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 six
months of employment and one month prior to the completion of
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the new employee’s 12-month probationary period. A
corresponding personnel action fact sheet will be completed if an
employee passes their original probation.
2. Failure of Probation: During the original probationary period, an
employee may be released from employme nt 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 rec eive 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 their promotional probation.
2. Failure of Probation: At any time during the promotional
probationary period, any employee may be returned to the
classification from which they promoted, subject to the existence of
a vacancy within such classification. If the employee is discharged
for cause or resigns, this shall bar a return to the c lassification from
which they promoted.
C. Extension of Probation: Should the Department Head 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, c oupled with
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 improve ment
by the employee in the effective performance of the duties of their 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 2.5% salary difference between ranges.
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A. Each employee shall be reviewed annually following the completion of
their 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 their 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 their 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. 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 lea ve, shall have their
performance appraisal and merit increase date extended by the number
of calendar days they were on leave.
H. Final approval of all merit increases rests with the General Manager,
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.
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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 emp loyee’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 futu re
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 class ification
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 im mediately
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, their 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.
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
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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 , 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. Pursuant to California Public Employees’ Retirement System (CalPERS)
Regulations, Section 571, this acting pay shall be reported to CalPERS as
special compensation for classic CalPERS members only.
E. If the employee is scheduled to receive a merit increase for the position in
which they normally fill 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.
F. The employee's merit increase date shall not be affected by acting status
unless they are appointed to the position in which they were acting. If
such, their review date shall be adjusted to coincide with the date they
started in the Acting position or as provided in Section 4.12.G.
G. If the employee is scheduled to receive any type of payout that was
earned for the position in which they normally fill while serving in an acting
status, the employee shall be paid out at the rate of pay equ ivalent to the
position in which they normally fill.
H. If an employee who is receiving acting pay is promoted to permanently fill
the position in which they were acting, the date from which the employee
began receiving acting pay shall be credited to the em ployee's total time
worked in the position. Following the promotion, the employee's merit
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increase, if applicable, will be awarded at the conclusion of the
promotional probationary period (including all time they were receiving
acting pay). All subsequent merit increases will be awarded upon
completion of twenty-six (26) complete pay periods.
I. If an employee continues to perform the job duties for the position they
normally fill as well as the duties of the acting classification the following
conditions shall apply:
1. This dual 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 at their regular rate of pay
in accordance with Section 7.02 and 7.03 for the position they
normally fill.
3. An employee scheduled to receive a merit increase for the position
in which they normally fill shall receive such increase as schedu led
to their hourly rate of pay in the position they normally fill.
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 nee ds 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 or as otherwise required by applicable law or regulation.
Any employee not eligible for membership in CalPERS shall be placed in the
Federal Social Security retirement system.
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)
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final compensation period. Employees pay the full employee contribution
rate, which is 7% of compensation earnable.
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
compensation earnable.
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 des ignate the highest 36 month
period. Employees will pay one-half (½) of the 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 employee contributions dollar for dollar not to exceed 2%
of the employee’s base salary per payroll period for employees who are regularly
schedule to work in excess of 30 hours per week.
Section 5.04 – Medical, Dental, and Vision Insurance
In accordance with the provisions of the contract between the District and any
company of the District’s choosing providing such coverage, the District shall pay 100%
of the premium for medical, dental, and vision insurance for employees and their
qualified dependents and will be effective the first of the month following the employee’s
date of hire. To receive this benefit, employees must be regularly scheduled to work 30
or more hours per week.
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, t he District shall provide
Unrepresented Employees Personnel Manual 13
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group life insurance and Accidental Death and Dismemberment (AD&D), in the amount
of one-time payment equal to their basic annual salary rounded to the next higher
multiple of $1,000 up to the maximum set forth by the provider and will be effective on
the first day of the month following their date of hire. 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. To receive this
benefit, employees must be regularly scheduled to work in excess of 30 hours per
week.
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 their 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 t heir 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
In accordance with the provisions of the contract between the District and any
company of the District’s choosing providing such coverage, 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.
Section 5.08 – 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 5.09 – 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 fam ilies 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.
Unrepresented Employees Personnel Manual 14
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Section 5.10 – 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 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. For example, if an employee retires with 19 years of
service at the District, they will receive 6 years and 4 months of extended retiree
insurance benefits.
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;
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 statu s to maintain
eligibility.
B. If any benefit period remains when the retiree and/or their spouse reaches
age 65 this coverage shall become secondary to Medicare for the
remainder of the benefit period.
C. Surviving Spouse/Dependent: If the retired employee d ies 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.
D. 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 th at the employee has
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remained on retired status and/or to submit to such additional verification
as the District deems necessary to demonstrate retired status.
E. Employees hired on or after December 8, 2011 shall be ineligible to
receive this benefit.
Section 5.11 – 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 Distri ct employs 26 payroll periods
of two (2) weeks each as a means of distributing compensation.
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 their
job, as determined by the Department Manager, and/or Safety Officer, shall be eligible
for District-purchased safety footwear in an amount not to exceed $300 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 $300). 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.
Unrepresented Employees Personnel Manual 16
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A. The District shall provide the below indicated certificate pay amounts
where any employee in the Chief Water System Operator, Maintenance
Superintendent, Operations Superintendent, Production Superintendent,
Sr. Field Customer Service Representative/Meters, Sr. Plant Operator,
and Sr. Maintenance Worker classifications ha ve 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 their 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
T-2 certificate and a D-4 certificate shall receive a $9.00 biweekly
certificate pay.
Unrepresented Employees Personnel Manual 17
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3. Individuals within the Sr. Mechanic classifications are eligible for
the following certificate compensation upon being awarded
specified certificates issued by the National I nstitute 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.
B. 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.
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
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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, they
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 their
degree on June 1, 2023. If they separate from the District on September 20, 2024, they
shall reimburse the District 2/3 of the total received educational reimbursement. If they
separate from the District on September 20, 202 5, they 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 $34.62 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. In accordance with the California Public Employees' Retirement
System (CalPERS), uniforms are considered special compensation for classic
members; therefore, $5.66, the monetary value for the rental of the uniforms provided,
is reported each pay period for those employees who are provided a uniform and are
classified as classic CalPERS members.
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
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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 th e 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 ha ve 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 their
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)
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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 time sheets 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
their regular rate of pay for hours worked in excess of fo rty (40) hours in any one work
week. An employee shall be compensated at two (2) times their regular rate of pay for
hours worked between 2300 to 0600 except in cases of shift changes that fall into these
hours. An employee shall be compensated at three (3 ) times their regular rate of pay for
hours worked on the following holidays: New Year’s Day, Christmas Day, Thanksgiving
Day and Independence Day. An exempt non-management employee shall be
compensated at one times their 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 order to receive overtime compensation, non-
emergency overtime must be authorized in advance by the appropriate department
manager.
In addition to actual hours worked, scheduled vacation hours authorized at least
twenty-four (24) hours prior to use, sick leave, compensatory time off, floating holiday,
and/or an 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
Unrepresented Employees Personnel Manual 21
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actually work on the day of the holiday, the holiday shall n ot count as hours worked
when computing overtime.
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. At the employee’s discretion, compensatory time, in lieu of monetary
overtime compensation, shall be accrued in accordance with Section 7.03
for each hour of overtime worked to be taken as paid time off. For
example, if a non-exempt employee works 5 hours of overtime from 1700
hours to 2200 hours, they may choose to accrue 7.5 hours of
compensatory time. If a non -management exempt employee works 5
hours of overtime, they may choose to accrue 5 hours of compensatory
time. 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 e mployee 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 of each year. Al l
unused compensatory time accrued as of the last full pay period in June
and December will be mandatorily cashed out at the employee’s hourly
rate of pay.
C. Selection of accrued compensatory time in lieu of overtime pay shall be
made by the employee at the time they submits their 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 their 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.
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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
of time, the employee shall be provided with ten (10) 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 ten (10) 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
ten (10) consecutive hour period would result in there being three (3) or less hours of
scheduled work time remaining should the employee return to their 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 h ours
following the close of their 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 hou rs
of a regularly scheduled working day, the District shall provide that employee with an
adequate meal if such overtime work continues past 0700 hours. If an employee is
called out to perform emergency overtime work, the District shall provide an adequat e
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 rate of pay.
The District shall not provide meals before, during or after any overtime work wh ich is
scheduled in advance. If the District is unable to provide the employee with a meal the
employee is authorized to spend up to $20.00 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 sched uled shift,
Unrepresented Employees Personnel Manual 23
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shall be paid a flat fee for each day they are 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 Fifty Dollars ($50.00). In those instances
where the standby occurs on a District recognized holiday and/or Friday through and
including Sunday, the flat fee during the term of this MOU shall be Seventy-Five Dollars
($75.00).
A “standby day” for purposes of calculating standby compensatio n 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 under stood 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 qua lified 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 immediate ly 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 t o 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 their regular scheduled work shift.
Therefore, a call-out is not an extension of a regular scheduled work shift.
A. Upon being initially called-out during each standby day, the employee
shall be entitled to at least two (2) hours’ pay at overtime rate as specified
in Section 7.03, regardless of whether or not the initial call-out work is
completed in less than two (2) hours’ time.
B. During any standby day, this two-hour minimum shall apply only once.
C. If a subsequent call-out commences during the period of time for which
the employee has received the initial minimum compensatio n of two (2)
hours, there shall not be an additional minimum compensation for this
subsequent call-out. The employee shall be compensated at the overtime
rate as specified in Section 7.03 for all hours worked, over the initial two
(2) hour minimum compensation provided because of the initial call-out.
D. However, if a subsequent call-out occurs and two (2) hours or more have
elapsed between commencement of the initial call -out and
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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 teach subsequent call-
outs.
E. Where a call-out requires the employee to leave their 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 device are undertaken to
address the subject of the call-out.
F. Employees shall have a District issued ID badge in their possession when
responding to call-outs for ease of identification.
G. EXAMPLE: Workweek schedule is Monday – Thursday, 10 hours per day,
Start Shift 0600 – End Shift 1630. Assuming a full forty (40) hours of work
will be completed in the workweek. Excluding New Year’s Day, Christmas
Day, Thanksgiving Day and Independence Day.
1. 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
1800 1830 1900 1930 1945 2000 2030 2100 2130 2200 2230 2300
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
2 times
hourly
rate
Unrepresented Employees Personnel Manual 25
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until 2015 hours, commenced during the initial two (2) hour
minimum payment period but exceeded that period by fifteen (15)
minutes.
2. 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 commencem ent 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.
3. If the initial call-out occurred at 2200 hours, the employee would
be eligible for a two (2) hour minimum call-out payment at one and
one-half (1½) times the employee’s hourly rate for the first hour and
at two (2) times the hourly rate for the second hour, because the
second hour falls between 2300 and 0600 hours.
Subsequently if the initial call-out occurs at 0500 hours, the
employee would be eligible for a two (2) hour minimum call-out
payment at two (2) times employee’s hourly rate for the first hour
and at one and one-half (1½) times the employee’s hourly rate for
the second hour when an employee is not already scheduled to
report for duty during the second hour.
In a situation when an employee is scheduled to report for their
scheduled workday at 0600 the second hour falls into regular
scheduled time and is not compensated at overtime rate.
ARTICLE IX – LEAVES
Section 9.01 – Holidays
A. The District’s holiday schedule is:
Holiday FY 23/24 FY 24/25
Independence Day 7/4/2023 7/4/2024
Labor Day 9/4/2023 9/2/2024
Veterans’ Day 11/11/2023 11/11/2024
Thanksgiving 11/23/2023 11/28/2024
Day After Thanksgiving 11/24/2023 11/29/2024
Christmas Eve 12/24/2023 12/24/2024
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Christmas Day 12/25/2023 12/25/2024
New Year’s Day 1/1/2024 1/1/2025
Presidents’ Day 2/19/2024 2/17/2025
Memorial Day 5/27/2024 5/26/2025
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. An employee who is regularly scheduled to work more than thirty (30)
hours per week shall accrue ten (10) hours of floating holiday on July 1 of
each fiscal year unless the employee is on an alternative work schedule.
An employee on a 9/80 alternative work schedule shall accrue nine (9)
hours of floating holiday and an employee on a 5/40 alternative schedule
shall accrue eight (8) hours of floating holiday. New hires starting after
July 1st of each fiscal year shall accrue their floating holiday on their date
of hire.
D. 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 2022-23 would be paid out at the end of fiscal year 2023-24.
E. 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.
F. 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
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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
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 Departme nt
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 accrue d 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, i f 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, i f 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.
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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
their 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
sell 40 hours of vacation leave on December 12, 20 22. The employee will
be paid out on November 22, 2023.
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 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.
3. For purposes of “paid sick leave,” the definition of “immediate
family” is expanded to include a “designated person”, which is a
person identified by the employee at the time the employee
requests paid sick days. The employee may designate only 1
“designated person” in a 12 month period.
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
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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 employe e from performing their
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.
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%
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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 their 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 their disability payment, when
added to their paid leave, does not result in a net payment exceeding their
regular compensation.
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 four (4) days of District-paid bereavement leave and one (1) day of unpaid
bereavement leave to attend funeral services and/or conduct business associated with
the deceased. Employees may choose to use any of their accrued leave to receive pay
during their unpaid bereavement leave. The General Manager, at their 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 their 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.
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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 co verage. 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
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 promptl y 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 their seniority
adjusted 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 ta ken 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.
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Section 9.09 – Jury Duty/Court Testimony
An employee required to serve as a trial ju ror 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
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 inten ded to provide
consideration to seniority of service.
Section 10.02 – Layoff Procedure
A. W hen employees have equal seniority for retention in a class ification, 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.
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C. SENIORITY LIST: Employees shall be subject to layoff as follows:
1. The names of all employees in a class ification 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 numb er 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 Department Head and approved by
the General Manager.
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
their names placed on the reemployment list for the classification from
which their position was reallocated. Reemployment lists shall be certified
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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 reemploymen t 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
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 f urnished
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: W illfully 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.
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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.
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.
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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 beyon d 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 i n 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.
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.
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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 de moting 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.
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
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"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 “d ate 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 their 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 their 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.
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 their 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 o f
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 forwa rd 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
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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 their
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.
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 .
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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 their 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 their position, and the employee has five
working days upon receipt of the notice to contact the District regarding their intent to
return to work. Such notice shall be in writing and sent by certified mail or personal
service to the 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 imm ediate 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 their
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
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 grievanc es
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.
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Section 12.03 – Informal Grievance Adjustment
A. An aggrieved employee shall try to resolve the issue through informal
discussion with their 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 they deem 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, they 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 they deem 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, they may
within ten (10) working days of the receipt of the higher level supervisor’s
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 they deem necessary to allow fair consideration of the
situation and shall present a written reply to th e 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, they 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) they deem 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 themselves, or at their 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
participation in the foregoing activities, provided advance arrangements
are made with the employee's Department Head.
Mar k Toy
General Manager
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