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Home My WebLink About1984-06-28 - Resolution No. 84-10• • RESOLUTION NO. 84-/0 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT AMENDING SECTIONS OF THE PERSONNEL RULES WHEREAS, on May 8, 1980 by adoption of Resolution No. 80-11, the Board of Directors of the Yorba Linda County Water District established Personnel Rules of the District, and WHEREAS, the Personnel Rules provide in Section 1.4.2 that the Rules may be amended from time to time by the Board, and WHEREAS, the Board has subsequently amended the Rules and desire to further amend the Rules. NOW9 THEREFORE BE IT RESOLVED by the Board of Directors as follows: 1 That Section 1.2 of the Personnel Rules be amended to be as follows: Section 1.2 - Merit and Fair Employment Principles The District maintains a merit system governing personnel actions. Employment and promotion shall be based on merit and fitness, free of personal and political considerations, and in no way shall be affected or influenced by race, religious creed, color, national origin, ancestry, sex, marital status, or handicap, provided however, that the District may make employment decisions on the basis of bona fide occupational qualification when permitted by law. Continued employment of those employees covered by these Rules shall be subject to satisfactory work performance and necessity for the performance of the work as determined by the District. 2 That Section 1.4.2 of the Personnel Rules be amended to be as follows: 1.4.2 The Board of Directors may amend these Rules. Revisions to such Rules may be proposed from time to time by any member of the Board of Directors or the General Manager. 3 That Section 2.1 of the Personnel Rules be amended to be as follows: Section 2.1 - Personnel Officer The General Manager shall designate the Personnel Officer. The Personnel Officer may delegate any of the power and duties conferred upon him by these Rules to any other officers or employees of the District or may recommend that such powers and duties be performed under contract. 4 That Section 2.2.1 of the Personnel Rules be amended to be as follows= 2.1.1 Administer all the provisions of these Rules not specifically reserved to the General Manager or the Board of Directors. 0 • 5 That Section 2.2.2 of the Personnel Rules be added as follows: Section 2.2.2 Employees in the classified service are herein referred to as either "classified" employees or "regular" employees. 6 That Section 3.1 of the Personnel Rules be amended to be as follows: Section 3.1 - Recruitment Policy It shall be the District's policy to recruit qualified persons regardless of race, religion, color, creed, national origin, sex, marital status or handicap, provided however, that the District may make employment decisions on the basis of bona fide occupational qualifications when permitted by law. While recognizing the need for introduction of persons from outside District employment at all levels, the policy of the District is to transfer and promote persons already employed by the District when their personal qualifications, training, work performance, and work experience are determined to be comparable to applicants from other sources. 7 That Section 4.1 of the Personnel Rules be amended to be as follows: Section 4.1 - Forms of Discipline The tenure of every classified employee shall be conditioned by good behavior and satisfactory work performance. Any classified employee may be suspended, demoted or dismissed for reasonable cause. 8 That Section 4.2.1 of the Personnel Rules be amended to be as follows: 4.2.1 When a classified employee of the classified service is dismissed, demoted or suspended without pay, specific written charges shall be prepared and presented by the employee's Department Head for action by the Personnel Officer. 9 That Section 5.1 of the Personnel Rules be amended to be as follows: Section 5.1 - Personnel Records The Personnel Officer shall maintain personnel records for each employee in the service of the District, showing the name, title of position held, the department which the employee is assigned, salary, changes in employment status, employee performance reviews, and such other information as the Personel Officer may consider pertinent. 10 That Section 6.3 of the Personnel Rules be amended to be as follows: Section 6.3 - Resignation Any employee wishing to leave the District in good standing shall file with the General Manager a written resignation stating the requested effective date of resignation and reasons for leaving at least two weeks before leaving the service, unless such time limit is waived by the General Manager. The General Manager, or his designee, is authorized to accept a resignation. A statement as to the resigned employee's service performance • • and other pertinent information shall be forwarded by the Department Head to the Personnel Officer. 11 That Section 8.1.1 of the Personnel Rules be amended to be as follows: 8.1.1 Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep daily time cards of employees which shall be reported to the Personnel Officer in the form and on the dates he shall specify. Failure on the part of an employee, absent without leave, to return to duty within 48 hours after notice to return has been provided shall be cause for immediate discharge, and such employee automatically waives all rights under these Rules. The depositing in the United States mail of a certified postage paid letter, addressed to the employee's last known place of address shall be reasonable notice. 12 That Section 8.4.1 of the Personnel Rules be amended to be as follows: 8.4.1 An employee in the classified service who performs authorized work in excess of an 8-hour work day or a 40-hour work week shall be compensated for such overtime work at the rate of one and one-half times his regular hourly rate of pay. Overtime shall be calculated to the nearest one-half hour of overtime worked. All non-emergency overtime must be authorized in advance by the appropriate Department Head and approved by the General Manager. 13 That Section 8.5.2.1 of the Personnel Rules be amended to be as follows: 8.5.2.1 When an employee is called out between the hours of 10:00 p.m. and 6:00 a.m. for emergency situations arising at times other than the employees normally scheduled working hours the employee shall be paid time and one-half base rate for each hour worked, provided however, the employee will be paid a minimum of two hours. 14 That Section 8.5.2.2 of the Personnel Rules be amended to be as follows: 8.5.2.2 When a unit employee is called out between the hours of 6:00 a.m. and 10:00 p.m. for emergency situations arising at times other than the employee's normally scheduled working hours, the employee shall be paid time and one-half base rate for each hour worked, provided however, the employee will be paid a minimum of one hour. 15 That Section 9.1.1 of the Personnel Rules be amended to be as follows: 9.1.1 The following days shall be recognized as holidays and classified full-time employees, with the exception of pumping plant operators and employes assigned to standby duties for emergency situations shall have these holidays off with pay; provided, however, that the General Manager or the Board of Directors may adjust the dates for observance of the holidays listed below in order to establish four day weekends; in doing so the efficient operation of the District and public acceptance shall be considered. The holiday schedule for the ensuing year will be established and made available to employees in July of each year. (a) July 4th, Independence Day; 0 • (b) First Monday in September, Labor Day; (c) September 9, Admission Day; (d) Second Monday in October, Columbus Day; (e) November 11th, Veterans' Day; (f) Fourth Thursday in November, Thanksgiving Day; (g) Friday following Thanksgiving Day; (h) December 25th, Christmas Day; (i) January 1st, New Year's Day; (j) Third Monday in February, Washington's Birthday; (k) The last Monday in May, Memorial Day. 16 That Section 9.1.3 of the Personnel Rules be amended to be as follows: 9.1.3.1 For those unit employees whose scheduled work week is Monday through Friday, a holiday falling on a Saturday shall be taken on Friday and any holiday falling on Sunday shall be taken on Monday unless another day is designated by the General Manager. 9.1.3.2 For those unit employees whose scheduled work week is not Monday through Friday, any holiday falling on their scheduled days off shall be taken so as to provide the employee with three consecutive days off, unless another day is designated by the General Manager. For examples For a Sunday to Thursday shift, if a holiday falls on Friday or Saturday, the employee takes Thursday as a holiday; or for a Tuesday to Saturday shift, if a holiday falls on Saturday or Sunday, the employee takes Tuesday as a holiday. 17 That Section 9.1.4 of the Personnel Rules be amended to be as follows: 9.1.4 Pumping plant operatoars shall be entitled to receive one day of paid time off on a day designated or approved by the Distrct at the regular rate of pay for each holiday, whether or not the holiday falls on a regularly scheduled workday for that employee so long as the pumping plant is manned during the holiday period. 18 That Section 9.1.5 of the Personnel Rules be amended to be as follows: 9.1.5 If classified employees, other than pumping plant operators and employees assigned to standby duty for emergency situations are required to work on a holiday, they shall receive, in addition to the paid holiday, compensation equivalent to one and one-half times their regular rate of pay for the time actually worked during a regularly scheduled holiday. Such employees may in the alternative receive paid time off in accordance with the terms of Section 8.4.2. 19 That Section 9.2.6 of the Personnel Rules be amended to be as follows: 9.2.6 A permanent, full-time employee shall be eligible to take any accrued vacation after completion of six months of service, including the probationary period. 20 That Section 9.2.9 of the Personnel Rules be amended to be as follows: • i 9.2.9 Upon termination, an employee shall be compensated in cash at his current rate of pay for any vacation accrued but not taken. 21 That Section 9.3.2.3 of the Personnel Rules be amended to be as follows: 9.3.2.3 The death of a member of any employee's immediate family. An employee shall be entitled to use up to three working sick leave days for this purpose and the General Manager may extend the leave to a total not to exceed seven working days in appropriate cases. 22 That Section 10.2 of the Personnel Rules be amended to be as follows: Section 10.2 - Life Insurance The District shall provide group life insurance, in the amount of one times basic annual salary, rounded to the next high multiple of $1,000 for each regular permanent employee under age 70 after two full calendar months of service, in accordance with the provisions of the contract between the District and any company of the District's choosing providing such coverage. Any employee may increase the coverage to up to two times annual salary by authorizing the additional premium to be deducted from salary. The designation or change of carrier shall be at the District's option. 23 That Section 10.3 of the Personnel Rules be amended to be as follows: Section 10.3 - Health and Accident Insurance The District shall pay a portion of the premium as determined by the District for hospitalization and medical insurance for employees in the classified service in accordance with the provisions of any contract between the District and any company or companies of the District's choosing providing such service; and the individual employee shall bear the cost of the difference in premium. The designation or change of carrier shall be at the District's option after receiving the input of the employees. 24 That Section 10.5 of the Personnel Rules be amended to be as follows: Section 10.5 - Dental Insurance Dental insurance is provided by the District for all regular full-time employees after they have worked for two full calendar months. The District pays the premium for the employees' portion of the dental insurance. The designation or change of carrier shall be at the District's option. 25 That Section 14.2 of the Personnel Rules be amended to be as follows: Section 14.2 - For the purposes of this rule, a closely related person shall be defined as any of the following: Son Daughter Son-in-law Daughter-in-law Mother Sister-in -law Brother-in-law Grandmother Grandfather Adopted child • 0 Father Stepmother Mother-in-law Stepfather Father-in-law Stepbrother Brother Stepsister Sister Stepson Stepdaughter 26 That Section 14.3 of the Personnel Rules be added to be as follows: Section 14.3 - Employment of Spouse For business reasons of supervision, safety, security or morale, the District will not employ a spouse who is under the direct supervision of an employee or who would work with the employee in the same department, division or facility. Upon the marriage of co-employees in the event District is not able to make a job assignment consistent with this rule, then the least senior of the two employees shall be terminated. 27 That Section 15.3.2 of the Personnel Rules be amended to be as follows: 15.3.2 If the employee is not satisified with the decision reached through the informal discussion, and/or some other extenuating circumstances exist, he may bring the matter to the attention of the next level of authority. If the employee is still not satisfied with the decision he may file a formal grievance within fifteen (15) working days of the occurrence of the event or action giving rise to the grievance. 28 That Section 15.4.1 of the Personnel Rules be amended to be as follows: 15.4.1 The formal grievance procedure may be followed only after failure to resolve a problem through informal grievance adjustment. If the employee is not in agreement with the decision reached, he may, within fifteen (15) working days of the occurrence of the event or action giving rise to the grievance file a formal grievance in writing with the Personnel Officer with a copy to the General Manager. The Personnel Officer shall make whatever investigation he deems necessary to allow fair consideration of the situation and shall present a written reply to the employee within ten working days after receipt of the grievance. A copy of the reply shall be forwarded to the General Manager. 29 That Section 16.2.3 of the Personnel Rules be amended to be as follows: 16.2.3 Employee Representative: The authorized representative of an Employee Organization. No more than one Employee Representative shall be permitted to communicate with the District Representative at any stage of employer-employee negotiations. A Recognized Employee Organization shall designate its Employee Representative in advance of any negotiation and shall notify the District of such designation. 30 That Section 16.2.4 of the Personnel Rules be amended to be as follows: 16.2.4 District Representative: The Personnel Officer of the District or his representative shall be the District Representative in employer-employee relations. 0 0 31 That Section 16.2.6 of the Personnel Rules be amended to be as follows: 16.2.6 Negotiation: Negotiation shall mean the process by which an Employee Representative and the District Representative meet a reasonal number of times and confer in good faith in an effort to agree upon joint recommendations for presentation to the Hoard of Directors regarding wages, hours and other terms and conditions of employment. The negotiation process does not obligate either party to accept a proposal or make a compromise. 32 That Section 16.3(1) of the Personnel Rules be deleted as follows: Section 16.3 - District Responsibilities and Rights (1) The right to amend or recommend amendment to this rule. 33 That Section 16.6.2 of the Personnel Rules be amended to be as follows: 16.6.2 Petitions for recognition of employee organizations shall be considered by the Personnel Officer during the month of March. If the Personnel Officer finds a petition for recognition of an employee organization to be properly presented as provided herein, he shall post a notice to such effect in a place where employees of the Employee Unit or Units sought to be represented shall have access for not less than fifteen (15) working days. If a request challenging the representation of the unit by the petitioning organization is not filed as provided below, the Personnel Officer shall arrange for an election among the employees in the Employee or Units sought to be represented at the earliest reasonable date. In such election the voting employees shall designate in writing whether they seek to be represented in their employer-employee relations by the organization in question. Ballots in such election shall include the choice "No Organization". 34 That Section 16.9.1 of the Personnel Rules be amended to be as follows: 16.9.1 Upon request, a Recognized Employee Organization may negotiate annually with the District representative on wages, hours and other terms and conditions of employment unless the parties have agreed to a Memorandum of Understanding with a longer term. Agreements reached as a result of negotations may be reopened only upon the agreement of both the District representative and a Recognized Employee Organization. 35 That Section 16.11.1 of the Personnel Rules be amended to be as follows: 16.11.1 At any time after a period of 12 months following the date of requests for decertification or change of a Recognized Employee Organization may be submitted by employees in the Employee Unit to the Personnel Officer. Such decertification or change requests must be accompanied by a petition signed by at least thirty percent (30%) of regular and probationary employees in the Employee Unit. Signatures on the petition must have been obtained with the ninety (90) calendar days immediately preceding the date of submission to the Personnel Officer. 0 6 36 That the above amendments shall be effective July 1, 1984 APPROVED THIS _ 9F day of June, 1984 by the following called vote: Aye : Noes: Absent Abstain + Presi dente ,J Board of Directors ATTEST: zl) e 4~ eta y 4 cr Board of Directors ISSUE MEMORANDUM 0 TO: BOARD OF DIRECTORS DATE: June 14, 1984 FROM: RALPH C. SHOOK, General Manager ISSUE: AMENDMENT OF PERSONNEL RULES SUMMARY: The Meet and Confer process initiated in May of 1984 has now come to a conclusion and it is now appropriate for the Board to consider centain "personnel type" actions as follows: "16 1. Adopt a Resolution amending the Personnel Rules.--- / 2. Adopt a Resolution amending the number of authorized positions. 3. Adopt a Resolution approving salary ranges effective July 1, 1984. DISCUSSION: A separate Issue Memorandum for each of the above three recommended "personnel type" actions has been prepared and is enclosed. The Board may consider each action independently or all three as a group. These actions are the result of the Meet and Confer process and have been recommended by Arthur C. Korn, Personnel Officer and these actions have my approval and recommendation as your General Manager. RECOMMENDATION: Adopt Resolution No. 84- U through Resolution No. 84- amending the Personnel Rules and approving certain other "personnel type" actions. Y V _ ~L Enclosed: Three Issue Memorandums from the Personnel Officer. JOB N0. EXHIBIT N0....••TQ°8D of DIR... ?RESENTED D ~N Y. IL. C. 1P1. jUN 2 81984 I./` / Py 0 ISSUE NEMORANDL11'! TO: BOARD OF DIRECTORS FROM: ARTHUR C. KORN, Personnel Officer ISSUE: AMENDMENT OF PERSONNEL RULES SUMMARY: 0 DATE: JUNE 28, 1984 Pursuant to Section 2.1 of the Personnel Rules, which provide for the Personnel Officer to prepare and recommend to the Board of Directors revisions to the Rules, the Personnel Officer recommends that Sections of the Personnel Rules be amended effective July 1, 1984. DISCUSSION: Sections of the Personnel Rules need to be updated to reflect changes by law or court case as pointed out by legal counsel by letter dated 5;29/84 or as agreed upon during meet and confer sessions with employee representatives. Specific details of the recommended ammendments (underlined text is new, strike out is text to be deleted) are as follows: 1. Legal counsel recommends addition of "marital status" to Section 1.2. Section 1.2 - Merit and Fair Employment Principles The District maintains a merit system governing personnel actions. Employment and promotion shall be based on merit and fitness, free of personal and political considerations, and in no way shall be affected or influenced by race, religious creed, color, national origin, ancestry, sex, marital status, or handicap, provided however, that the District may make employment decisions on the basis of umief: r _ _ bona fide occupational qualification when permitted by law. Continued employment of those employees covered by these Rules shall be subject to satisfactory wort: performance and necessity for the performance of the work an! ~he c4 as determined by the District. " Legal counsel recommends deletion of irrelevant line from Section 1.4.2 1.4.2 The Board of Directors may amend these Rules. Revisions to such Rules may be proposed from time to time by any member of the Board of Directors or the General Manager, Mhen---rewz:yie.i, ii-e; fe e# ---the :Ysferie i, 1. Legal counsel recommends specifying who shall designate the Personnel Officer and defining "regular" employees Section 2.1 Personnel Officer The General Manager shall designate shall ;AeFe desigRated the Personnel Officer. The Personnel Officer may delegate any of the power and duties conferred upon him by these Rules to any other officers or employees of the District or may recommend that such powers and duties be performed under contract. 2.1.1 Administer all the provisions of these Rules not specifically reserved to the General Manager or the Board of Directors. Section 2.2.2 Employees in the classified service are herein referred to as either "classified" employees or "regular" employees. 4. Legal counsel recommends the addition of "marital status" to Section 3.1 Section 3.1 - Recruitment Policy It shall be the District's policy to recruit qualified persons regardless of race, religion, color, creed, national origin, sex, marital status or handicap, provided however, that the District may make employment decisions on the basis of rp.o ex pATfta~ abiiit=, 4Is a bona fide occupational qualifications when permitted by law. While recognizing the need for introduction of persons from outside District employment at all levels, the policy of the District is to transfer and promote persons already employed by the District when their personal qualifications, training, work performance, and work experience are determined to be comparable to applicants from other sources, 5. Legal counsel recommends the addition of "demotion" as a form of discipline Section 4.1 - Forms of Discipline The tenure of every classified c-pqula x employee shall be conditioned by good behavior and satisfactory work performance. Any classified Foywia,= employee may be suspended, demoted or dismissed for reasonable cause. 4.2.1 When a r-pqw-la employee of the classified service is dismissed, demoted or suspended without pay, specific written charges shall be prepared and presented by the employee's Department Head for action by the Personnel Officer. 5. Legal counsel recommends that the Personnel Officer determine what information is included in a personnel file. Section 5.1 - Personnel Records The Personnel Officer shall maintain personnel records for each employee in the service of the District, showing the name, title of position held, the department which the employee is assigned, salary, changes in employment status, employee performance reviews, and such other information as the Personel Officer may be consider pertinent. Legal counsel recommends that the General Manager be authorized to accept resignations. • • Section 5.3 Resignation Any employee wishing to leave the District in good standing shall file with the General Manager ~i_ n^^, -t-°^t u°°~ a written resignation stating the requested effective date of resignation and reasons for leaving at least two weeks before leaving the service, unless such time limit is waived by the General Manager _ . The General Manager, or his designee, is authorized to accept a resignation. A statement as to the resigned employee's service performance and other pertinent information shall be forwarded by the Department Head to the Personnel Officer. 8. Legal counsel recommends that notice to return to work be clarified. 8.1.1 Employees shall be in attendance at their work in accordance with the rules regarding hours of work., holidays and leaves. All departments shall keep daily time cards of employees which shall be reported to the Personnel Officer in the form and on the dates he shall specify. Failure on the part of an employee, absent without leave, to return to duty within 48 44-hours after ; a notice to return has been provided shall be cause for _ai immediate discharge, and such employee automatically waives all rights under these Rules. The depositing in the United States mail of a certified postage paid letter, addressed to the employee's last known place of address shall be reasonable notice. 9. Legal counsel recommends that the definition of overtime be clarified. 8.4.1 An employee in the classified service who performs authorized work in excess of an 8-hour work day or a 40-hour work week. Pfhfa ^w ° i?Fk week, wprkdaTp OF ;A shall be compensated for such overtime work: at the rate of one and one-half times his regular hourly rate of pay. Overtime shall be calculated to the nearest one-half hour of overtime worked. All non-emergency overtime must be authorized in advance by the appropriate Department Head and approved by the General Manager. 10. The Personnel Officer recommends that call out time minimums be clarified to conform to the 1984-85 Memorandum of Understanding. 8.5.2 Call-out compensation shall be as follows: 8.5.2.1 When a unit employee is called out between the hours of 10:00 p.m. and 5:00 a.m.for emergency ar routine ^ F bstwp°° th° h., j +n.~glj and r;00 situations arising at times other than the employees normally scheduled working hours, the employee shall be paid time and one-half base rate for each hour worked, provided however, the employee will be paid a minimum of two hours. 8.5.2.2 When a unit employee is r _1040 40 a 5:00 a.m. and 10:00 p.m., arising at times other than the the employee shall be paid time provided however, the employee called out between the hours of - fig fie. a.,t flnnday thr-e 446a7, or the hours ~ R: diay mnd for emergency situations employee's normally scheduled working hours, and one-half base rate for each hour worked, gill be paid a minimum of one hour. • • 11. The Personnel Officer recommends Section 9.1.1, 9.1.3, 9.1.4, and 9.1.5 be ammended to conform to the 1984/85 Memorandum of Understanding. 9.1.1 The following days shall be recognized as holidays and classified full-time employees, with the exception of pumping plant operators and employees assigned to standby duties for emergency situations shall have these holidays off with pay; provided, however, that the General Manager of the Board of Directors may adjust the dates for observance of the holidays listed below in order to establish four day weekends; in doing so the efficient operation of the District and public acceptance shall be considered. The holiday schedule for the ensuing year will be established and made available to employees in July of each year. (a) July 4th, Independence Day; (b) First Monday in September, Labor Day; (c) September 9th, Admission Day; (d) Second Monday in October, Columbus Day; (e) November 11th, Veterans' Day; (f) Fourth Thursday in November, Thanksgiving Day; (g) Friday following Thanksgiving Day; (h) December 25th, Christmas Day; (i) January 1st, New Year's Day; (j) The third Monday in February, Washington's Birthday; (k) The last Monday in May, Memorial Day. 9.1.3.1 For those unit employees whose scheduled wort: week; is Monday through Friday, a holiday falling on a Saturday shall be taken on Friday and any holiday falling on Sunday shall be taken on Monday unless another day is designated by the General Manager. 9.1.3.2 For those unit employees whose scheduled wort; week: is not Monday through Friday, any holiday falling on their scheduled days off shall be taken so as to provide the employee with three consecutive days off, unless another day is desiqnated by the General Manaqer. For example: For a Sunday to Thursday shift, if a holiday falls on Friday or Saturday, the employee takes Thursday as a holiday; or for a Tuesday to Saturday shift, if a holiday falls on Saturday or Sunday, the employee takes Tuesday as a holiday. 9.1.4 Pumping plant operators shall be entitled to receive one day of paid time off on day designated or approved by the District at the regular rate of pay for each holiday, whether or not the holiday falls on a regularly scheduled workaday for that employee, so long as the pumping plant is manned during the holiday period. 9.1.5 If classified employees, other than pumping plant operators and employees assigned to standby duty for emergency situations are required to work on a holiday, they shall receive, in addition to the paid holiday, compensation equivalent to one and one-half times their regular rate of pay for the time actually worked during a regularly scheduled holiday. Such employees may in the alternative receive paid time off in accordance with the terms of Section 8.4.2. • 0 9.2.2 A permanent, full-time employee shall be eligible to take any accrued vacation after completion of sir months of service, including the probationary period. 12. The Personnel Officer recommends Section 9.2.6 be ammended to conform to the 1984-85 Memorandum of Understanding. 9.2.6 A permanent, full-time employee shall be eligible to take any accrued vacation after completion of ,Ni.a-- e.ac sir: months of service, including the probationary period. 11. Legal counsel recommends Section 9.2.9 be ammended to conform to current law. 9.2.9 Upon termination, an employee shall be compensated in cash at his current rate of pay for any vacation accrued but not taken.pi-,=T,f4e4 that A@ 14. Legal counsel recommends that Section 9.3.2.3 be clarified. 9.3.2.3 The death of a member of any employee's immediate family. An employ?e shall be entitled to use up to three working sick leave days for this purpose and s-a ,.a of omrLaiad the@@ r- _ the General Manager- may extend the leave to a. total not to exceed seven working days in appropriate cases. 15. Legal counsel recommends that Sections 10.2, 10.3, and 10.5 be amended to provide that the designation of insurance carrier is District's option. Section 10.2 ~ Life Insurance The District shall provide group life insurance, in the amount of one times basic annual salary, rounded to the next high multiple of $1,000 for each regular permanent employee under age 70 after two full calendar months of service, in accordance with the provisions of the contract between the District and any company of the District's choosing providing such coverage. Any employee may increase the coverage to up to two times annual salary by authorizing the additional premium to be deducted from salary. The designation or change of carrier shall be at the District's option. Section 10.3 - Health and Accident Insurance The District shall pay a portion of the premium as determined by the District for hospitalization and medical insurance for employees in the classified service in accordance with the provisions of any contract between the District and any company or companies of the District's choosing providing such service; and the individual employee shall bear the cost of the difference in premium. The designation or change of carrier shall be at the District's option. Section 10.5 - Dental Insurance Dental insurance is provided by the District for all regular full--time employees after they have worked for two full calendar months. The District pays the premium for the employees portion of the dental insurance. The designation or change of carrier shall be at the District's option. 16. Legal counsel recommends that Section 14.2 be amended and Section 14.3 be added to comply with current law. Section 14.2 - For the purposes of this rule, a closely related person shall be defined as any of the following: Sister-in -law Brother-in-law Son Grandmother Daughter Grandfather Mother Adopted child Father Stepmother Mother-in-law Stepfather Father-in-law Stepbrother Brother Stepsister Sister Stepson Daughter-in-law Stepdaughter Section 14.3 - Employment of Spouse For business reasons of supervision, safety, security or morale, the District will not employ a spouse who is under the direct supervision of an employee or who would work with the employee in the same department, division or facility. Upon the marriaqe of co-employees in the event District is not able to make a job assignment consistent with this rule, then the least senior of the two employees shall be terminated. 17. Legal counsel recommends that Sections 15.3.2 and 15.4.1 be amended to clarify the grievance procedure. 15.3.2 If the employee is not satisified with the decision reached through the informal discussion, and-or some other extenuating circumstances exist, he may bring the matter to the attention of the next level of authority. If the employee is still not satisfied with the decision he may file a formal grievance within fifteen (15) five working days of the occurrence of the event or action givinq rise to the grievance. a#teF havifi? rec etved the 'fc a P;u. 15.4.1 The formal grievance procedure may be followed only after failure to resolve a problem through informal grievance adjustment. If the employee is not in agreement with the decision reached, he may, within fifteen (15)-#-ive working days of the occurrence of the event or action giving rise to the grievance file a formal grievance in writing with the Personnel Officer with a copy to the General Manager. The Personnel Officer shall make whatever investigation he deems necessary to allow fair consideration of the situation and shall present a written reply to the employee within ten working days after receipt of the grievance. A copy of the reply shall be forwarded to the General Manager. 18. Legal counsel recommends that Sections 16.2.3,16.2.4,and 16.2.6 be clarified. ! • 16.2.17 Employee Representative: The authorized representative of an Employee Organization. No more than one employee representative shall be permitted to communicate with the District representative at any stage of employer-employee neqotiations. A Recognized Employee Organization shall designate its employee representative in advance of any negotiation and shall notify the District of such designation. 16.2.4 District Representative: The Personnel Officer of the District or hs representative shall be the District representative in employer-employee relations. 19. Legal counsel recommends deletion of an irrelevant line in Section 16. 1.6. 16.1.6 Negotiation: Negotiation shall mean the process by which an employee representative and the District representative meet a reasonal number of times and confer in good faith in an effort to agree upon joint recommendations for presentation to the Board of Directors regarding wages, hours and other terms and conditions of employment. Via-?. ,n4 t~anter=p+`eFe>_a~" may be Y--e-J jP ,r, a 3eFepeer fry ar e~-PFt to avoi4 RR The negotiation process does not obligate either party to accept a proposal or make a compromise. 20. Legal counsel recommends deletion of Section 16.3 (1). Section 16.3 - District Responsibilities and Rights ii' iAe Fi§ht tG aeeRd OF FeCr8ffiMeNd @MeRdMeRt t@ thi 21. Legal counsel recommends addition of a line to Section 16.6.1. 16.6.1 Petitions for recognition of employee organizations shall be considered by the Personnel Officer during the month of March. If the Personnel Officer finds a petition for recognition of an employee organization to be properly presented as provided herein, he shall post a notice to such effect in a place where employees of the Employee Unit or Units sought to be represented shall have access for not less than fifteen (15) working days. If a request challenging the representation of the unit by the petitioning organization is not filed as provided below, the Personnel Officer shall arrange for an election among the employees in the Employee or Units sought to be represented at the earliest reasonable date. In such election the voting employees shall designate in writing whether they seek to be represented in their employer-employee relations by the organization in question. Ballots in such election shall include the choice "No Organization". 22. Legal counsel recommends Section 16.9.1 be clarified. 16.9.1 Upon request, a Recognized Employee Organization may negotiate annually with the District representative on wages, hours and other terms and conditions of employment unless the parties have agreed to a Memorandum of Understandinq with a longer term. Agreements reached as a result of negotations may be reopened only upon the aqreement of both the District representative and a Recognized Employee Orqanization. 23. Legal counsel recommends Section 16.11.1 be amended based on "a recent court case". 16.11.1 At any time after a period of 12 months following the date of recognition t,%: rwr.~` .t Vc,:A :::N ;.:r requests for decertification or change of a Recognized Employee Organization may be submitted by employees in the Employee Unit to the Personnel Officer. Such decertification or change requests must be accompanied by a petition signed by at least thirty percent (30*11) of regular and probationary employees in the Employee Unit. Signatures on the petition must have been obtained with the ninety (90) calendar days immediately preceding the date of submission to the Personnel Officer. RECOMMENDATION: Adopt a Resolution amendinq the Personnel Rules. Enclosed: Proposed Resolution