HomeMy WebLinkAbout2013-01-24 - Resolution No. 13-01 RESOLUTION NO. 13-01
' RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING PERSONNEL RULES FOR THE
YORBA LINDA WATER DISTRICT
WHEREAS, The proper administration of employer-employee relations is significantly
facilitated by virtue of the District enacting comprehensive Personnel
Rules and Regulations giving structure to the myriad employer-employee
issues to be regularly addressed by representatives of the District and its
employees; and
WHEREAS, Pre-existing District Personnel Rules and Regulations have not fully and
appropriately allowed for facilitation by the District of orderly, efficient and
equitable employment relations; and
WHEREAS, The District recognizes that adoption and implementation of Exhibit 1 is in
the interest of the District and those employees affected by the Personnel
Rules and Regulations.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
' Water District as follows:
Section 1. Exhibit 1 (Personnel Rules — Yorba Linda Water District) is hereby
adopted and deemed implemented concurrent with passage and adoption
of this Resolution.
Section 2. Any and all pre-existing Personnel Rules and Regulations and any
Resolution(s) having adopted any such document, are hereby rescinded.
PASSED AND ADOPTED this 24th day of January 2013, by the following called vote:
AYES: Directors Beverage, Collett, Kiley, and Melton
NOES: None
ABSTAIN: None
ABSENT: Director Hawkins
Ilk Gary TeMelton, Oresident
Yorba Linda Water District
1
Resolution No. 13-01 Adopting Personnel Rules 1
ATTEST:
eve Conklin, Secretary
Yorba Linda Water District
REVIEWED AS TO FORM BY SPECIAL COUNSEL:
Richard M. Kr ,isler, Esq.
Liebert Cassidy Whitmore
Resolution No. 13-01 Adopting Personnel Rules 2
0 Yorba Linda
Water District
PERSONNEL RULES
January 24, 2013
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Personnel Rules
RULE 1. PURPOSE AND APPLICABILITY
1.01 PURPOSE
These rules establish the policies, principles and procedures for dealing with
personnel matters. The intent of these rules is to establish a practical system based
upon merit principles that shall provide effective and efficient service to the public.
This objective shall be sustained through uniform, fair and equitable procedures
which provide reasonable rights for employees. These rules describe the District's
Classification and Compensation system along with employee benefits. They also
define work schedules, overtime, standby and call-out requirements, and spell out the
District's criteria and expectations regarding employment, selection and promotion,
while providing protection and due process for employees in matters related to
discipline and grievances.
1.02 COVERAGE
These rules apply to employees in the Competitive Service, unless a broader
coverage is expressly extended by a specific provision within these rules.
The Competitive Service includes all full-time and part-time positions except the
following:
A. General Manager
B. Employees hired on or after January 24, 2013, to serve in the
following positions: Finance Manager, Human Resources/Risk
Manager, Operations Manager, Information Technology Manager,
Engineering Manager, Chief Plant Operator, Public Information
Officer, Senior Project Manager, Water Maintenance Superintendent,
Information Systems Administrator, Customer Service Supervisor,
Executive Secretary, Human Resources Analyst, Management
Analyst, Human Resources Technician, Senior Accountant, Senior
Construction Inspector, Water Quality Engineer, Project Engineer and
SCADA Administrator ("Unrepresented Employees"). This exception
shall include existing District employees who are promoted to one of
these positions on or after January 24, 2013.
C. Temporary Employees and part time employees working less than 30
hours per week
The General Manager and the individuals describe in Section 1 .02(B), above, are at-
will employees of the District and serve at the will of the General Manager, or in the
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Personnel Rules
case of the General Manager, at the will of the Board of Directors, and may be
dismissed without cause or right of appeal.
These Rules supersede any and all District or Departmental personnel management
policies, rules, regulations and procedures previously adopted, to the extent that they
are inconsistent.
If any section, sub-section, sentence, clause or phrase of these Rules is found to be
illegal, such findings shall not affect the validity of the remaining portion of these
Rules.
These rules do not create any contract of employment, expressed or implied, or any
rights in the nature of a contract.
1.03 EQUAL EMPLOYMENT OPPORTUNITY
For purposes of employment, promotion, transfer or any other personnel related
action, the District does not discriminate by reason of disability, marital status,
medical condition, race, religion, color, sex, sexual orientation, sexual identity, age,
national origin or ancestry, or any other classification protected by law, provided
however, that the District may make employment decisions on the basis of a bona fide
occupational qualification when permitted by law. Continued employment of those
employees covered by these rules is subject to satisfactory work performance and
necessity for the performance of the work as determined by the District.
1.04 REVISIONS
The Board of Directors may amend these Rules. Revisions to these Rules may be
proposed by any member of the Board of Directors or the General Manager. Notice
of proposed revisions and/or amendments shall be furnished to each recognized
employee organization at least five days prior to consideration by the Board of
Directors. Such notice shall include the content of the proposed revision and/or
amendment as well as the date, time and place on which it is to be heard by the
Board of Directors.
1.05 PERSONNEL OFFICER
The Personnel Officer is the Human Resources Manager unless this responsibility is
otherwise delegated to another employee by the General Manager. The Personnel
Officer shall be responsible for administration of the District Personnel System,
including all rules and regulations except those which may be specifically reserved by
the General Manager or Board of Directors. The Personnel Officer shall also be
responsible for preparing and recommending to the Board of Directors revisions to
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and/or interpretations of these rules, providing for the recruitment and evaluation of
candidates for vacant positions, and for preparing and revising, as necessary, a
position classification system along with a schedule of compensation for approval by
the Board of Directors.
Nothing precludes the Personnel Officer from recommending to the General Manager
that any personnel function be performed under contract by a qualified person,
agency or organization.
RULE 2. DEFINITIONS
The following terms as used in these Personnel Rules and Regulations shall, unless
the context clearly indicates otherwise, have the respective meanings described
below:
ALLOCATION: The assignment of a single position to its proper class in the District's
Position Classification Plan.
APPOINTING AUTHORITY: The General Manager or designee, who, in their
individual capacity, has the final authority to appoint a person to or from a position of
employment.
APPOINTMENT: The designation of a person by due authority to become a District
employee, signing of the proper forms to record the designation and acceptance by
the person of the position and conditions as provided in these rules.
CLASS: All positions sufficiently similar in duties, authority, responsibility and
working conditions to permit grouping under common title and the application of
common standards of selection, transfer, promotion and salary.
CLASSIFICATION PLAN: A listing of the duties and responsibilities of all District
positions, as determined by the Personnel Officer and approved by the Board of
Directors.
COMPETITIVE SERVICE: All full time and part time positions except those excluded
in Rule 1.02. In essence, the merit system whereby District employees are hired and
promoted through a competitive process based upon objective standards of merit to
assure fair consideration in all aspects of employment/promotion.
CONTINUOUS SERVICE: The service of an employee in a payroll status without
interruption except for authorized leave(s) of absence from date of hire.
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DEMOTION: The voluntary or involuntary transfer of an employee from one class to
another class with a lower salary grade.
DEPARTMENT HEAD: One who functions directly under the authority of the General
Manager, has direct responsibility for a particular department or major function, and
manages its staff, policies and budget.
DISCIPLINARY ACTION: The discharge, demotion, reduction of pay, suspension, or
the issuance of a written reprimand or formal warning. Disciplinary action is not
represented by a performance evaluation, regardless of the rating.
DISMISSAL: The discharge of an employee by the District from District employment.
ELIGIBLE: A person whose name is on an employment list, promotional list or
reemployment list.
EMPLOYEE: A person who is employed by the District who has completed a
competitive examination and appointment process and is providing services to the
District or its customers. This excludes independent and outside contractors,
members of advisory boards and volunteers.
EMPLOYEE ASSISTANCE PROGRAM: A health and wellness benefit which allows
an employee or member of the employee's family to receive personal counseling at
District expense, subject to certain limits.
EMPLOYMENT LIST:
A. Open Competitive -- A list of candidates who have qualified in an examination
open to all qualified individuals and who are eligible for appointment.
B. Promotional -- A list of candidates who have qualified in an examination open
only to qualified District employees and who are eligible for appointment.
C. Reemployment -- A list of former employees who have been laid off and who
are eligible for reemployment in their former classification or in a comparable
classification carrying the same or lower maximum rate of pay.
D. Reinstatement -- A list of former employees who resigned from the
Competitive Service in good standing and who are eligible for reinstatement to their
former classification carrying the same or lower maximum rate of pay.
EXEMPT EMPLOYEE: An employee who is exempt from the overtime payment
provisions of FLSA.
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Personnel Rules
FAIR LABOR STANDARDS ACT (FLSA): The Federal Law which guarantees non-
exempt employees time and one-half pay 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 in the Competitive Service that the
District has violated, misrepresented or misapplied an obligation to the employee, as
expressed in the Personnel Rules, Memorandum of Understanding or other
administrative rules, procedures or regulations. Disciplinary actions, the content of
performance evaluations, rejection from probation, merit adjustments, 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.
MERIT SALARY INCREASE: The increase of an employee's salary within the salary
range established for the classification the employee occupies, resulting from
satisfactory job performance, not on longevity.
NON-EXEMPT EMPLOYEE: An employee who is covered by the overtime provisions
of FLSA.
OVERTIME: The time which an exempt or a non-exempt employee is required or
permitted to work beyond forty hours in a 7 day work period. Non-exempt employees
receive time and a half pay for the hours worked. Exempt non-management
employees receive an hour of pay for each hour worked.
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PART-TIME POSITION: A position requiring the incumbent to work less than 40
hours per week. Employees working less than thirty hours per week are excluded
from the Competitive Service, serve at the will of the General Manager, and may be
terminated without cause or without hearing or right of appeal. Employees working 30
hours or more are in the Competitive Service and receive benefits.
PERSONNEL/RISK MANAGEMENT COMMITTEE: A Committee comprised of two
members of the Board of Directors who are empowered to hear, discuss and review
all personnel-related matters prior to submission to the Board of Directors. The
Personnel Officer provides staff support to the Personnel Committee.
PERFORMANCE IMPROVEMENT PLAN: When an employee's performance either
does not justify a salary increase or is such that a decrease in salary is
recommended, the employee and their supervisor shall design a Performance
Improvement Plan. This plan shall describe the performance objectives for the
employee for a 90 day reassessment period. This plan requires the concurrence of
the Department Head and Personnel Officer prior to implementation.
PERSONNEL OFFICER: Human Resources Manager or designee of the General
Manager.
POSITION: A combination of duties assigned to be performed by one person.
PROBATIONARY EMPLOYEE: An employee whose regular status is contingent
upon successful completion of a prescribed period of observation to determine that
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 to another class with a
higher rate of pay.
RECLASSIFICATION: The reassignment of a position from one classification title or
grade to a different classification title or grade in accordance with a reevaluation of
the minimum qualifications, duties, and responsibilities of the position in question.
REDUCTION IN FORCE: A layoff in the work force.
REGULAR FULL TIME EMPLOYEE/REGULAR PART TIME EMPLOYEE: An
employee who has completed the Probationary Period in their position in the
Competitive Service 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.
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Personnel Rules
RULES: These Personnel Rules, as they may be amended from time to time.
SALARY PLAN: An annual listing of the minimum through maximum salary grades of
pay for all defined District classifications, as prepared by the General Manager and
adopted by the Board of Directors.
SENIORITY: Seniority is defined as the length of continuous service in the
employee's present classification or in higher or equal classes regardless of the
department to which assigned. When employees have equal seniority for retention in
a class, the employee with the greatest amount of seniority credit with the District
shall have the highest retention priority. Seniority credit with the District is defined as
the length of continuous service from the last date of hire by the District.
STAFFING PLAN: The classification titles, salary grades and number of allocated
positions in the District for a given fiscal year.
STEP: The various increments of a salary range, from minimum to maximum,
authorized for the subject classification.
SUSPENSION: An involuntary absence imposed by the General Manager for
disciplinary purposes or pending investigation or charges.
TEMPORARY EMPLOYEE: An employee in a position that is intended to be
occupied on less than a year-round basis including, but not limited to the following: to
cover seasonal peak workloads; emergency extra workloads of limited duration;
vacation relief, paid sick leave or other situations involving a fluctuating staff.
Ordinarily, such positions shall not be authorized for over six months. Temporary
employees are excluded from the Competitive Service, serve at the will of the General
Manager, and may be terminated without cause or without hearing or right of appeal.
TERMINATION: The separation of an employee from District service because of
retirement, resignation, permanent disability, dismissal or death.
TRANSFER: Change of an employee from one class to another having the same
maximum salary and similar duties and basic qualifications.
WORKWEEK: A regularly reoccurring period of seven (7) consecutive twenty-four
(24) hour days.
Y-RATE OF PAY: The Y-rate of pay shall exist when an employee's salary is frozen
at their current level until such time as the maximum salary for that employee's
classification equals or exceeds the employee's salary, as frozen at the Y-rate.
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RULE 3. CLASSIFICATION AND PAY PLAN
3.01 THE PLAN
The plan covers all positions in the Competitive Service and consists of the following
components:
A. ALLOCATION LIST: An Allocation List reflecting the number and
departmental location of positions allocated to the respective job classifications.
B. CLASS SPECIFICATION MANUAL: A Class Specification Manual containing
descriptions of all job classifications currently in the Competitive Service. The Class
description is intended to clearly set forth the basic work tasks, distinguishing
characteristics, knowledge, skills, abilities, and minimum employment qualifications
applicable to each classification. The description does not limit or modify the power
of any supervisor to assign, direct and control the work of employees under his/her
supervision, to the extent that the modified work is within the job description. The use
of a particular expression or illustration as to duties does not limit the duties to be
performed.
C. SALARY SCHEDULE: A Salary Schedule which assigns each classification
to a specific salary range or salary rate.
The Classification and Pay Plan may be modified as necessary to reflect Board-
approved general or special salary adjustments, classification actions or other related
items.
3.02 CLASSIFICATION CHANGES
When a new position is proposed for creation in the Competitive Service or an
existing one is reclassified or abolished, the manager proposing such action must
submit the justification to the Personnel Officer who shall conduct whatever study may
be required.
The General Manager or Personnel Officer representative may initiate, at any time, a
study to determine the appropriateness of any position's classification allocation. The
General Manager shall make the final determination on all actions arising under this
provision, subject to approval by the Board of Directors when the determination
results in an amendment to the Plan.
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The District shall provide affected recognized Bargaining Units an information copy of
the new class specification for any proposed classification relevant to that Bargaining
Unit.
3.03 REQUESTS FOR CLASSIFICATION REVIEW
A Department Head may, at any time, submit a request to the Personnel Officer for a
review of an employee's position, setting forth the reasons for the request. The
Personnel Officer may make the review, take appropriate recommendations to the
General Manager, and notify the Department head and employee. All such requests
may be acted upon within sixty days of receipt. The decision of the General Manager
shall be final without right of grievance or further hearing, except in cases where
Board of Directors' action is required, in which case Board action shall be final.
3.04 COMPENSATION FOR EMPLOYEES
Employees shall receive compensation at the monthly or hourly rate for the range and
step, or flat rate assigned to the class in which they are employed. The pay plan for
the District is as provided in the current employee MOU and compensation
agreements. Merit increases and reductions in pay within salary ranges shall be
determined by the General Manager in accordance with this rule.
3.05 PAY FOR NEW EMPLOYEES
A new employee shall be paid at the first step of the salary range in effect for the
class in which the new employee is hired. However, the General Manager may
authorize the appointment of employees at any of the steps of the salary range. Such
appointments shall be made only when the General Manager makes a determination
that there is a direct and measurable benefit to the District from such appointments
and makes a determination that the applicant's previous training and experience
enables that candidate to make a greater contribution than a less experienced
employee. A new employee shall be evaluated after thirteen (13) pay periods.
3.06 MERIT INCREASE ADJUSTMENTS
A. ADVANCEMENT IN RANGE: Employees may be considered for a merit
salary increase each year after passing the probationary period. These increases to
steps within an established salary range shall not be automatic but shall be granted
only for continued improvement by the employee in the effective performance of the
duties of their position as determined through the District's performance evaluation
process.
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Merit salary increases require the specific recommendation of the employee's
immediate supervisor or department head, the concurrence of the Personnel Officer
and the approval of the General Manager.
B. PERFORMANCE EVALUATION: Employees who are eligible for a merit
increase shall receive the increase in accordance with the following rating on their
performance evaluation.
Unsatisfactory = Employees receiving unsatisfactory ratings in two (2) or
more performance categories shall not be eligible for a merit
increase and may be subject to disciplinary action up to and
including termination.
Needs Improvement = Employees receiving this rating in three (3) or more
performance categories or one (1) unsatisfactory and two (2)
needs improvement ratings shall not be eligible for a merit
increase and may be placed on a work improvement program.
Meets Requirements = Employees receiving a majority of meets requirements
ratings and with no unsatisfactory or no more than two (2)
needs improvement ratings shall be eligible for one (1) step
merit increase if not already at top step within range.
Exceeds Requirements = Employees receiving a majority of exceeds
requirements ratings and with no unsatisfactory and no needs
improvement ratings shall be eligible for a two (2) step merit
increase if not already at top step within range.
C. ACCELERATION OF MERIT INCREASE: The General Manager may grant a
merit increase prior to the completion of the eligibility requirements set forth above.
D. LEAVE OF ABSENCE AND REVIEW DATE: The granting of an official leave
of absence of more than thirty continuous calendar days, other than for military leave,
causes the employee's merit salary review date to be extended by the number of
calendar days they were on leave.
E. EFFECTIVE DATE OF INCREASE: Authorized salary step increases become
effective at the beginning of the next full pay period after the employee's review date.
To take effect, a salary increase requires approval by the General Manager.
F. LATE INCREASES: Should an employee's review date be overlooked, and
upon discovery of the error, the employee is recommended for a salary increase. The
employee shall receive a supplemental payment in compensation for the additional
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salary they would have received had the increase been granted at the appropriate
time.
Final approval of all step salary increases provided for in this section rests with the
General Manager. The decision of the General Manager shall be final. The employee
shall not have the right to grieve or appeal any determination of a merit adjustment. It
shall be the responsibility of the Personnel Officer and Department Head to ensure
that the required performance evaluation is submitted in a timely and complete
fashion. In no event shall an increase be granted before the requirements of this
provision have been satisfied.
3.07 SALARY ON PROMOTION
An employee who is promoted to a position in a class with a higher salary range than
the class they formerly occupied shall receive the nearest higher monthly salary in the
new range that constitutes an increase closest to 5% above the step held by the
employee immediately prior to promotion.
The employee upon promotion shall be given a new merit review date for purposes of
future salary step advancement. The new date shall be based upon the effective date
of promotion.
3.08 SALARY ON TRANSFER
An employee who is transferred from one position to another in a class having the
same salary range shall be compensated at the same step in the salary range. The
employee's merit review date shall not change.
3.09 SALARY ON DEMOTION
A. INVOLUNTARY DEMOTION: An employee who is involuntarily demoted may
have their monthly salary reduced by up to two steps, or receive the maximum rate in
the salary range for the class to which they have been demoted, whichever is lower.
The employee shall be assigned a new merit review date based upon the effective
date of the demotion. An involuntary demotion is considered disciplinary action and
subject to the provisions of Rule 10.
B. VOLUNTARY DEMOTION: An employee who is demoted at their request
shall receive the highest salary in the new range that does not exceed the employee's
rate of pay immediately prior to reduction. The employee shall retain the merit review
date they had in the higher position.
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3.10 SALARY ON POSITION RECLASSIFICATION
When a regular or probationary employee's position is reclassified and the employee
is appointed to the new position, their salary shall be determined as follows:
A. HIGHER CLASSIFICATION: If the position is reclassified to a class with a
higher salary range than the previous class, the employee's salary and merit salary
review date shall be set in the same manner as if they had been promoted.
B. EQUIVALENT CLASSIFICATION: If the salary of the employee is the same or
less than the maximum of the salary range of the new class, the salary and merit
salary review date of the employee shall not change.
C. LOWER CLASSIFICATION: If the salary of the employee is greater than the
maximum of the range of the new class, the salary of the employee shall be
designated as a Y-Rate, and not change during continuous regular service until the
maximum of the salary range to which the class is assigned exceeds the salary of the
employee.
3.11 SALARY UPON REEMPLOYMENT AFTER LAY-OFF
An employee reemployed in the same class or a comparable class shall receive the
same salary step in the range of the class they held upon layoff.
3.12 EMPLOYEE BENEFITS
A. RETIREMENT SYSTEM: The District is a member of the California Public
Employees' Retirement System (CaIPERS). 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.
All members of the Board of Directors shall be covered either by CalPERS, a
Deferred Compensation Plan and/or the Federal Social Security retirement system.
All part-time, temporary and seasonal employees, as well as any other employees not
eligible for membership in CalPERS, shall be placed in the Federal Social Security
retirement system.
B. HEALTH INSURANCE: The District pays the current premium amount as
determined by the District for hospitalization and medical insurance for employees
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and 2/3 of the premium for eligible dependents in accordance with the provisions of
any contract between the District and any company or companies chosen by the
Board of Directors which provide(s) such service. All eligible employees are required
to participate. The designation or change of carrier is at the District's option after
receiving the input of employees.
C. LIFE INSURANCE: The District provides group life insurance, in the amount
of one times the basic annual salary, rounded to the next highest multiple of $1 ,000
for each employee under age 70. Employees age 70 through 74 receive 65% of the
basic annual salary and employees age 75 and over receive 50% of the basic annual
salary. This is provided after two full calendar months of service with the District and
is provided by a carrier of the District's choosing. Any employee may increase the
coverage to up to two time's annual salary by authorizing the additional premium to
be deducted from salary. The designation or change of carrier is at the District's
option.
D. DENTAL INSURANCE: Dental insurance is provided by the District for all
eligible employees and their eligible dependents. This is provided after two full
calendar months of service to the District and is provided by a carrier of the District's
choosing. The District pays the full dental insurance premium for eligible employees
and 2/3 of the premium for eligible dependents. All eligible employees are required to
participate. The designation or change of carrier is at the District's option.
E. VISION INSURANCE: Vision insurance is provided by the District for all
eligible employees and their eligible dependents. This is provided after two full
calendar months of service to the District, and is provided by a carrier of the District's
choosing. The District pays the full vision insurance premium for eligible employees
and 2/3 of the premium for eligible dependents. All eligible employees are required to
participate. The designation or change of carrier is at the District's option.
F. CAFETERIA (125) PLAN: The District provides a Cafeteria Plan to all or
selected groups of employees, as defined in Section 125 of the Internal Revenue
Code, as amended from time to time. The purpose of this plan is to provide eligible
employees a choice between cash and certain non-taxable benefits.
G. TRAVEL EXPENSE ALLOWANCE: Travel expense allowances for
employees and Directors, while on District business, is provided in accordance with
policies adopted by the Board of Directors.
H. MEALS DURING EMERGENCY SERVICE: If an employee is required to
remain at work for a minimum of two hours following the close of their regular workday
for the purpose of performing emergency overtime work, the District shall provide that
employee with an adequate meal. If an employee is called out to perform emergency
overtime work during the morning hours of a regularly scheduled working day, the
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District shall provide that employee with an adequate meal if such overtime work
continues past the hour of 7 a.m. If an employee is called out to perform emergency
overtime work, the District shall provide an adequate meal at four-hour intervals
during the performance of such overtime work. Meal time is considered working time
and shall be compensated for at the appropriate overtime rate. The District shall not
provide meals before, during or after any overtime work which is scheduled in
advance. If the District is unable to provide the employee with a meal the employee
is authorized to spend up to $10.00 to obtain a meal and shall be reimbursed upon
provision to the District of a receipt.
I. INSURANCE FOR RETIREES: The District shall pay the current premium
amounts for any employee who retires from the District for health, dental and vision
insurance and 2/3 of the premium amount for eligible dependants. This benefit is
accrued at the rate of one year for each three years service to the District. These
accruals shall be prorated on a quarterly basis. To be eligible for this benefit, the
employee must be at least 50 years of age, have five years of service with the District,
must retire from the District while in good standing after provision of 90 days written
notice ("good standing" means the employee did not retire after being provided
written notice of disciplinary investigation/proceedings 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.)
If any benefit period remains when the retiree or their spouse reaches age 65,
whichever is latest, the coverage shall be converted by the employee to Medicare
Supplement for the remainder of the benefit period. For purposes of this section,
retired status means that the employee shall not work for compensation for more than
nine hundred sixty (960) hours in any fiscal year. The District may require an
employee to certify under penalty of perjury that the employee has remained on
retired status and/or submit to such additional verification as the District deems
necessary to demonstrate retired status. The retired employee must make any
contribution of premiums but no more than the contribution required of a regular
employee, prior to the first day of the month in which coverage is to be extended.
Failure of an employee to make such payment will result in termination of coverage
and termination of any right to any benefit pursuant to this section.
J. INSURANCE BENEFITS FOR EMPLOYEES AND RETIREES WORKING
LESS THAN 30 HOURS PER WEEK: Employees who are regularly assigned to work
less than 30 hours per week are not entitled to any insurance benefits. Employees
who retire or otherwise separate from the District and who at the time of retirement or
separation are working less than 30 hours are not entitled to any insurance benefits.
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RULE 4. WORKWEEK, OVERTIME AND PREMIUM PAY
4.01 WORKWEEK
Employees shall be in attendance at their work in accordance with the rules regarding
hours of work, holidays and leaves. All departments shall keep biweekly time records
of employees which must be reported in the form and on the dates specified by the
Personnel Officer. Employees are expected to be at work and on-time, whenever
possible, in order that the District may meet its work goals and objectives. Employees
who are frequently late and/or absent shall be subject to discipline as outlined in Rule
10.
The normal workweek shall be forty hours consisting of:
A. EIGHT HOUR SHIFT: Five consecutive work days of eight hours within a
period of seven consecutive days, as designated by the District.
B. ALTERNATIVE WORK SCHEDULES: Work schedules of more than eight
hours within one day but not more than forty hours within a period of seven
consecutive days may be scheduled by management to meet the work needs of the
District. Where it meets the needs of both the District and the employee, an
alternative work schedule comprised of nine working days within a period of ten work
days may be scheduled. Employees working a 9/80 schedule shall have every other
Friday off. For employees working a 9/80 work schedule, each employee's
designated FLSA work week shall begin exactly four hours after the start of his/her
eight hour shift on the day of the week that corresponds with the employee's
alternating regular day off. The 9/80 work schedule is displayed as follows:
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Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Off 9 9 9 9 4 Off
(end)
4
(start)
Off 9 9 9 9 off Off
(end)
off
(start)
Off 9 9 9 9 4 Off
(end)
4
(start)
Off 9 9 9 9 off
(end)
off
(start)
C. SHIFT DIFFERENTIALS: Department heads may schedule maintenance and
plant operations shifts which include evening, weekend and holiday work. Employees
whose regularly scheduled shift includes working hours after 6:00 p.m. and/or before
6:00 a.m. Monday through Friday, and/or any hours on Saturday, Sunday and/or
holidays, shall be paid a differential equal to their regular hourly rate plus five percent
for each hour worked after 6:00 p.m. and before 6:00 a.m. and/or on Saturday,
Sunday and/or holidays.
D. TIME RECORDS: All District employees must complete time sheets showing
hours worked and leave taken. They must be signed by the individual employee, the
employee's supervisor and Department Head and the General Manager or
designated representative. Notice of any corrections to the time-records shall be sent
to the employee and Department Head. Such corrections shall be deemed final
unless questioned by the employee within thirty days after notice of correction has
been given to the employee. Unresolved matters may be taken to the General
Manager for a final determination.
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4.02 OVERTIME
A. NOTIFICATION TO EMPLOYEES: An 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.
B. DISTRIBUTION OF OVERTIME: Overtime opportunities shall be made
available first on an equal basis to regular full-time employees capable of performing
the work. To receive overtime compensation, all overtime must be authorized in
advance by their respective Department Head, their designee or the General
Manager.
4.03 PAYMENT FOR OVERTIME
Work performed by nonexempt employees in excess of forty hours in a seven day
work period is compensated at the rate of time and one half the employee's regular
rate of pay, either as paid time at the one and one half rate of pay or as
compensatory time accrued at the rate of one and one half rate of pay. Exempt non
management employees receive straight time for hours worked in excess of 40 hours
in a seven day work period. Prior to authorization of overtime, the employee and
supervisor shall agree as to how the employee shall be compensated (i.e., paid time
or compensatory time). The employee can only accrue 40 hours of comp time.
Anything in excess of 40 hours shall be paid. Compensatory time is vested time and
must be utilized or paid in conjunction with termination of employment.
Exempt and nonexempt status is determined by the Personnel Officer in compliance
with FLSA.
Vacation, holiday and compensatory time shall not be included as time worked for
purposes of calculating FLSA overtime. Sick leave shall be treated as time worked
for purposes of calculating paid overtime or compensatory time off. Overtime is
credited in fifteen minute increments with no credit given for time worked which is less
than a fifteen minute period. Time worked as overtime shall not be used to earn
supplemental benefits or to serve out probation or merit salary increase periods.
4.04 REST PERIODS
Each employee shall be granted one fifteen minute rest period for each four hours
worked. The rest period shall be determined by the supervisor. Rest periods cannot
be combined to extend the lunch period.
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4.05 STANDBY AND CALL OUT COMPENSATION
A unit employee assigned to standby duty for purposes of being on call to
handle emergency situations arising at times other than normal scheduled working
hours, and not as an extension of a regularly scheduled shift, shall be paid a flat fee
for each day he/she is assigned to standby duty. The flat fee shall be determined by
applicable memoranda of understanding.
(It is understood that standby duty for pump operations shall 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 Distribution
Operator II positions determined qualified by the District shall be eligible for standby
duty. Otherwise, standby eligibility shall be as existed prior to the date of current
Memoranda of Understanding.) The pay for standby time may be accrued to the
second payday in December and paid in a lump sum or it may be paid at the regular
pay period in which the standby duty is completed.
Call-Out Compensation
1. Call-out compensation shall be as follows:
(a) When a unit employee on designated standby duty is called out
(whether required to travel to a work site or to address an emergency electronically)
for emergency situations arising at times other than the employee's normally
scheduled working hours, and not as an extension of a regularly scheduled shift, the
employee shall be paid time and one-half base rate for each hour worked; provided,
however, the employee shall be paid a minimum of two hours. However, the
employee shall not be entitled to call-out compensation in excess of two (2) hours,
where multiple call-outs occur in any one consecutive two (2) hour period following
the normally scheduled shift and the cumulative actual call-out work time is not
greater than two (2) hours during any one, two (2) hour period of time. If multiple call-
outs occur in any one, two (2) hour period of time and the cumulative call-out time
worked in that period exceeds two (2) hours, the employee shall receive call-out
compensation for the actual cumulative call-out hours worked in excess of two (2)
hours. When call out work commences in a particular two (2) hour period and is
completed in one or more subsequent two (2) hour periods, the employee shall
receive the two (2) hour minimum for the following two (2) hour period(s) as well. Call
back compensation for the following two (2) period(s) shall then be computed
pursuant to the above rules.
EXAMPLE
START SHIFT 0700
END SHIFT 1630
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CALL BACK TWO (2) HOUR PERIODS:
1630 - 1830
1830 — 2030
2030 — 2230 ETC.
1630 — 1830
5 call outs, each requiring an electronic response, with total time
expenditure of 1.5 hours = two (2) hours call back pay.
OR
Call back commences at 1800 hours and is completed at 1900 hours =
4 hours call back (two (2) hour minimum for 1630 — 1830 and additional
two (2) hour minimum for 1830 — 2030.)
HOWEVER — AT 1930, employee commences a 30 minute electronic
call = no additional payment as employee has already received two (2)
hour minimum for period 1830 — 2030.
The District retains the right to require the employee to remain at work and perform
other duties if the work they are called back to perform is completed in less than the
guaranteed two hours. Once contacted, refusal to perform call-out services, unless
the employee is physically, geographically or legally incapable, is cause for
disciplinary action up to and including termination. If an employee is under the
influence of a mind altering substance (alcohol and/or drugs) the employee should
not respond to duty.
Employees shall have a District issued ID badge in their possession when responding
to call-outs for ease of identification from outside the vehicle.
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RULE 5. EMPLOYMENT PROCEDURES
5.01 RECRUITMENT ANNOUNCEMENTS AND APPLICATIONS
In adopting these rules, it is the goal of the District to employ the most qualified
individuals and to achieve excellence in serving the needs of the District and its
customers. Employment and promotion in the District is based upon merit and
qualifications and shall be free from political influence and discrimination based upon
religion, age, sex, sexual orientation, sexual identity, marital status, race, color,
national origin, ancestry, political affiliation, medical condition, disability or any other
classification protected by law, provided however, that the District may make
employment decisions on the basis of bona fide occupational qualifications when
permitted by law.
Although not expressed in the classification specifications or job announcements, all
persons applying for or holding any position in the District shall be required to
possess the following general qualifications to the extent necessary to perform their
job: Integrity, thoroughness, accuracy, good judgment, initiative, resourcefulness,
courtesy, willingness and ability to work cooperatively with others, willingness and
ability to assume and fulfill the responsibilities of employment, and physical and
mental abilities compatible with the work assignment, subject to reasonable
accommodation.
A. RECRUITMENT ANNOUNCEMENTS: Job announcements providing
information about the position, its title and pay, its essential responsibilities and
duties, minimum and other qualifications, when and where to apply, and the last day
on which applications shall be accepted shall be prepared and distributed by the
Human Resources Department. All positions to be filled shall be publicized by
posting announcements on the District's official bulletin boards. Other recruitment
methods may include notifying other public agencies, advertisements in general or
specialized media, solicitation and recruitment through professional organizations or
other methods deemed appropriate by the Personnel Officer.
B. APPLICATION FORMS: All applications for employment must be made on
official forms furnished by the Human Resources Department. To be accepted,
applications must be submitted by the official closing date of the filing period, be
complete and bear an original signature of the applicant.
C. APPLICATION CLOSING DATE: The Human Resources Department may
establish, prior to the commencement of recruitment, the closing date for applications
to be accepted for the open position. The closing date shall be clearly stated in the
job announcement. However, all openings for regular positions in the District shall
be posted for at least two weeks prior to the deadline for submission of applications.
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In order to be considered, an application must be received as stated in the job
announcement. A late application shall be accepted from a qualified District
employee only under the following circumstances:
The employee must provide documentation establishing that they were absent from
work on an authorized leave continuously from the date the position was first posted
to the date the application period closed.
The Personnel Officer may extend or reopen the application period as recruitment
needs require.
5.02 EMPLOYMENT EXAMINATIONS
A. TYPES OF EXAMINATIONS: Prior to distribution of any examination
announcement the Personnel Officer and Department Head shall determine whether
the examination is to be administered on an open-competitive basis and/or on a
promotional basis.
Where an open-competitive examination is to be utilized, applications may be
accepted from any qualified individual.
Promotional examinations are open only to those regular or probationary employees
who meet the minimum qualifications for the position. At the discretion of the
Personnel Officer, an examination may be administered on both an open-competitive
and promotional basis.
B. SELECTION TECHNIQUES: Selection techniques shall be impartial and
relate to those areas which shall adequately and fairly indicate the relative capacity of
the applicants to perform the duties and responsibilities of the position to which they
seek appointment.
The selection procedure may consist of personal interviews, performance tests,
evaluation of work performed, work samples, assessment centers, physical agility
tests, other written tests, review and investigation of personal background and such
other examinations which in the judgment of the Personnel Officer, may be necessary
to evaluate the candidate's capacity to perform successfully on the job.
Job related medical examinations may be conducted after applicants receive an offer
of employment and before they commence their duties. Offers of employment may be
conditioned on the results of such medical examinations. All prospective employees
may be subjected to such examinations. Information obtained regarding an applicant's
medical condition or history shall be collected and maintained on separate forms and
in separate medical files. These files shall be treated as confidential medical records
and the results of the examinations used only in accordance with the law.
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If a medical examination demonstrates that an applicant is not qualified for the
position applied for even when reasonable accommodations are considered, the
District may withdraw the conditional offer of employment. If a conditional offer of
employment is withdrawn, the District shall provide the applicant the opportunity to
know why the offer was withdrawn.
C. CONDUCT OF EXAMINATIONS: It is the responsibility of the Personnel
Officer to assure that the examinations process is conducted in an objective, timely
and efficient manner. The Personnel Officer may contract with any competent
individual, organization or agency for preparation and/or administration of a given
examination or portion thereof.
D. EXAMINATION RECORDS: Candidates may be allowed to review their own
examination results at the discretion of the Personnel Officer. All examination records
are confidential and no copying of questions or answers from any paper made
available for inspection is permitted. Any candidate violating this provision is subject
to disqualification from the examination and is subject to disciplinary action.
5.03 ELIGIBILITY LISTS
Candidates successfully completing all components of the examination shall be
placed on an eligibility list. Lists shall remain in effect for six months unless
exhausted or abolished within that period. The Personnel Officer may extend any list
for up to an additional 12 months. The Personnel Officer may abolish any eligibility
list having fewer than three available candidates or when there is evidence of a list
not having been compiled in accord with these rules and regulations.
5.04 CERTIFICATION OF ELIGIBLES AND APPOINTMENTS
A. CERTIFICATION OF ELIGIBLES: When a request by a Department Head to
fill a vacant position has been approved by the Personnel Officer, the Personnel
Officer shall forward to the Department Head and General Manager an eligibility list
of persons eligible for appointment. The appointment shall be made exclusively by
the General Manager who has sole authority to appoint employees within the
provisions of these Rules, following consultation with the Department Head.
B. APPOINTMENTS: Appointments may be made from any candidate on the
eligibility list.
C. TEMPORARY APPOINTMENTS: The General Manager may authorize
temporary appointments to meet short-term employment needs such as periods of
peak workload, illness or pending the establishment of a new eligible list. Such
appointments may be made from an appropriate employment list or from among other
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qualified persons where there is no active list or where there are insufficient eligible
candidates directly available for appointment.
Unless extended by the General Manager, temporary appointments may not extend
beyond one year.
D. ACTING APPOINTMENTS: Upon recommendation of the Department head
and Personnel Officer, the General Manager may approve acting appointments of
regular District employees to higher level positions pending regular appointment in
accordance with these rules.
Acting appointments shall be reviewed on six month intervals, up to twelve months.
Time served on an interim appointment may be extended and may be credited to a
probationary period when applicable, upon recommendation by the Department head
and with the concurrence and approval of the Personnel Officer and the General
Manager.
After 30 days in an acting capacity in a class with a higher salary, an employee shall
be paid a salary at the lowest step in the salary range of the acting position which
provides an increase closest to but not less than 5% over the step held by the
employee in his/her classification.
While working in an acting capacity, employees shall continue to accrue salary step
increases consistent with District merit salary increase procedures in their regular
position, which shall become effective upon return to their regular position.
An employee appointed to a position in an "acting" capacity may be removed from
that position at any time and reassigned to their former class without cause, and at
the discretion of the Department Head, with the concurrence and approval of both the
Personnel Officer and the General Manager. Such action is not considered discipline
for any purpose.
RULE 6. GENERAL PERSONNEL PROVISIONS
6.01 PROBATION
A. ORIGINAL PROBATION: A new or reemployed employee in the Competitive
Service shall be placed on probation for twelve months from the date of appointment.
A new or reemployed employee in a part-time position in the Competitive Service
shall be placed on probation for 2080 hours exclusive of overtime.
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B. PROMOTIONAL PROBATION: A full or part-time employee who is promoted
shall be placed on promotional probation. A full time employee shall serve a
probation period of six months. A part-time employee shall serve a promotional
period of one thousand forty hours exclusive of overtime.
C. FAILURE OF PROBATION:
1 . Original Probation: An employee on new probation may be released
at the sole discretion of the Department at any time without right of appeal or hearing.
2. Promotional Probation: Any employee rejected during the
probationary period following a promotional appointment, shall be reinstated to the
same classification from which they were promoted if a position in such classification
is available. The Department head shall make reasonable efforts to hold such
positions available if it appears that the employee may not successfully complete the
first thirty days of the probationary period. If the employee has been discharged for
cause or resigned, no reinstatement shall be made.
D. GENERAL PROVISIONS:
1 . Service Credit: When an employee's record consists of a combination
of full-time and part-time service in regular positions, part-time service shall be
applied proportionally by using total hours worked to appropriate full-time
requirements. For purposes of this section, one thousand forty hours equals six
months.
2. Extension of Probation: Should the Department Head, Personnel
Officer and General Manager determine that a longer period of probation should be
required, the appointee shall be informed in writing of the amount of extension and
the reasons for the extension. Extensions shall not exceed six months. Only one
extension shall be granted.
3. Leave of Absence: The granting of a leave of absence shall cause the
employee's probation period to be extended by the length of the leave in excess of
fifteen calendar days. An employee who is suspended shall have their probation
extended by the length of suspension.
6.02 PERFORMANCE EVALUATIONS
The District shall maintain a system of employee performance evaluations designed
to give a fair appraisal of the quality and quantity of work performed by an employee.
Such evaluations shall be prepared and recorded in the employee's personnel file for
all regular full-time and part-time employees in the Competitive Service at least once
each year. For employees on probationary status, performance shall be reviewed at
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least once near the middle and once again prior to the close of the probationary
period.
All performance appraisals must be completed in writing by the employee's
supervisor, reviewed by the Department Head, the Personnel Officer and General
Manager. The employee's immediate supervisor shall discuss with the employee the
specific performance ratings prior to such ratings being made part of the employee's
personnel file. When a performance evaluation is recorded in the personnel file of an
employee, a copy of the evaluation shall be given to the employee.
Performance appraisals and changes in salary stemming from these appraisals shall
be conducted as described in Section 3.06 of these Rules.
6.03 CONTENTS OF PERSONNEL FILE
The Human Resources Department shall maintain a personnel file for each employee.
The personnel file shall contain information regarding employment status, disciplinary
actions, and such other information as legally required and as may be considered
pertinent as determined by the Personnel Officer. These files shall be locked, with
access limited to designated employees.
Adverse statements shall not be included in an employee's personnel file unless a
copy is provided to the employee. Letters of reference and reports concerning
criminal investigations concerning the employee may be included in an employee's
personnel file but may not be viewed by the employee.
An employee shall have the right to inspect his/her personnel file at reasonable
intervals. An employee who wants to review the personnel file must request an
appointment with the Human Resources Department at least twenty-four hours in
advance.
Any employee has the right to respond in writing to any information contained in their
official personnel file, such reply to become a permanent part of the employee's
personnel file. The reply must be received within ten working days of receipt by the
employee of the information to be placed in the personnel file. Any contents of an
employee's personnel file may be sealed pursuant to a settlement agreement
between the District and the employee concerned or by order of an arbitrator, court or
impartial hearing officer unless to do so would be a violation of law.
The District shall maintain a file for each District Employee showing the name, title of
position, the department assigned, salary, and changes in employment status, W-4
forms, payroll deductions and other information as may be considered pertinent.
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6.04 TRAINING AND EMPLOYEE DEVELOPMENT
A. ELIGIBILITY AND DOCUMENTATION: Any regular employee is eligible to
request reimbursement for educational or training expenses as defined and provided
for within this or other controlling rules and procedures, and as agreed upon in
Memoranda of Understanding. All employees must satisfy the necessary
prerequisites for enrollment in a course to be eligible for reimbursement from the
District.
B. REIMBURSEMENT: Applications for educational reimbursement must be
obtained from and submitted to the Human Resources Department. Each application
must be approved by the appropriate Department Head and the Human Resources
Manager prior to enrollment in the course. Eligible employees may be reimbursed for
costs of tuition, books, fees and parking relating to educational courses taken and
completed at accredited institutions at a rate not to exceed standard resident fees as
charged by the California State University.
C. LIMITATIONS: Proof of payment and successful completion of the course
must accompany the reimbursement request on a form provided by the District. To
qualify for reimbursement, the General Manager or designee must have previously
approved the subject matter of the courses and deemed them as job related. Failure
to attain a passing grade or satisfactory completion shall result in denial of the
employee's request for reimbursement for any educational claim for reimbursement.
6.05 TIME OFF FOR SELECTION PROCEDURE
An employee is entitled to necessary time off with pay to participate in tests of fitness,
examinations and interviews required by the Personnel Officer during working hours
for the purpose of determining eligibility for movement to another class or transfer
from one department to another.
6.06 RESIGNATION
An employee wishing to leave the Competitive Service in good standing must file with
the Personnel Officer a written resignation stating the effective date and reasons for
leaving at least two weeks before leaving the service, unless such time is waived by
the Personnel Officer. A resignation once received is deemed accepted and may not
be rescinded. A statement as to the resigned employee's service performance and
other pertinent information shall be forwarded to the Human Resources Department.
Failure to give notice as required by this rule is cause for denying future employment
with the District.
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6.07 NEPOTISM
No member of the immediate family of an employee as defined in Rule 2 may be hired
when the employee would have control of the employment status or employment
conditions of the immediate family member.
The District reserves the right to refuse to place one family member in the same
department where such has the potential for creating adverse impact on supervision,
safety, security or morale. If co-employees become members of the same family or
reside in the same household, the District shall make reasonable effort to reassign
one or the other, without discrimination, so as to make it possible for both to continue
to be employed by the District. In the event the District is not able to make a job
assignment consistent with this rule, then the least senior of the two employees shall
be terminated.
6.08 CONFLICTS OF INTEREST
District employees should serve the needs of all customers equally without regard to
their personal gain. It is the policy of the District that all employees avoid situations
which might be interpreted as involving or creating a conflict of interest between the
employee's duties and responsibilities as a District employee and the employee's
personal and private interest.
Employees should not take part in the consideration of any application, proceeding or
other matter involving their own personal property, real estate, investment or other
interest, or that of any relative or close personal acquaintance. In all such situations,
the employee should disclose the nature of the relationship to their supervisor and
request to be relieved of any responsibility or involvement in such matter.
The acceptance of gifts, favors, or any other form or compensation or gratuity may be
viewed as influencing or compromising or attempting to influence or compromise the
judgment of an employee. To prevent such a conflict, employees shall discourage any
offer of a gift or favor or any form of compensation or gratuity. Gifts that can and shall
be shared with office staff, such as boxes of candy, flowers and food, may be viewed
as exceptions. Employees who receive or are offered an unauthorized gift, favor or
gratuity should consult their Department Head to determine an appropriate response
to the donor.
6.09 DRUG AND ALCOHOL FREE WORKPLACE (Subject to Revision)
Because drug and alcohol use can detrimentally affect job performance and
employee safety, the District is committed to achieving and maintaining a drug and
alcohol free workplace. While the District has no intention of intruding into the private
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lives of its employees, it shall be firm in identifying and disciplining those employees
whose impaired mental or physical condition, as a result of drug or alcohol use, may
endanger the health or safety of fellow employees and the public at large or interfere
with the operations of the District.
A. PROHIBITIONS: While on paid duty time, or standby time, the employee
shall not drink alcoholic beverages or use illegal drugs or controlled substances. The
employee shall not work or be at work while under the influence of any of the above
mentioned, or in the case of controlled substances, without authorization from a
medical doctor and one's supervisor.
The unlawful manufacture, distribution, dispensing, possession or use of any illegal
drug or controlled substance is prohibited on the job, in the District's workplace or
while subject to duty (e.g., stand-by).
B. CONTROLLED SUBSTANCES: For purposes of this section, a "controlled
substance" is defined as any substance which could potentially impair the employee's
ability to effectively and safely perform the functions of their duty. Certain
prescription drugs shall also be classified as controlled substances. However, the
use of prescription drugs that would not alter an employee's work performance
subject to reasonable accommodation is acceptable, if prescribed by a qualified
physician. Employees must notify their supervisor before beginning work when taking
prescription or non-prescription drugs that may interfere with the safe and effective
performance of their duties. In the event there is a question regarding an employee's
ability to perform assigned duties safely and effectively while using such drugs,
clearance from a qualified physician may be required before the employee is allowed
to resume their regular duties.
C. PRE-EMPLOYMENT TESTING: In order to reach the goal of a drug and
alcohol free workplace, the District may conduct pre-employment drug or alcohol
testing of applicants for District positions. Testing shall be done by accepted medical
procedures so as to safeguard applicant privacy. Pre-employment drug or alcohol
tests shall apply only to non-District employees, District employees who apply for
another District job shall not be subject to pre-employment drug or alcohol tests. Any
applicant who tests positive for illegal drugs shall not be hired by the District.
D. REASONABLE CAUSE: The District also reserves the right to require that an
existing employee undergo testing if the District determines that reasonable cause
exists to believe that the employee is under the influence of alcohol, any illegal drug
or controlled substance which is impairing the employee's ability to function.
Employees who refuse to submit to a drug or alcohol test immediately when directed
by an authorized District employee or who are convicted of a criminal drug statute
violation shall be subject to disciplinary procedures.
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E. RIGHT TO INSPECT: All District cabinets, vehicles, and other storage areas
are the property of the District and are subject to search without the employee's
consent by District management at any time with or without notice. Lockers and
desks assigned by the District to the employee are also District property and are
subject to search when reasonable cause exists. Refusal to cooperate with a search
may result in a disciplinary action. Unless the supervisor is directed otherwise by the
General Manager or Personnel Officer, employees shall be given the opportunity to
be present when the search is conducted.
F. ASSISTANCE FOR EMPLOYEES: The District makes available an employee
assistance program or service for purposes of rehabilitation. However, participation
by an employee in a rehabilitation program of any type shall not prevent imposition of
discipline by the District.
G. DEPARTMENT OF TRANSPORTATION REGULATIONS: The District
complies with the regulations implementing the Federal Omnibus Transportation
Employee Testing Act. It is the intent of the District to comply fully with both the letter
and spirit of this law, as well as to continue to administer the District's Drug Free
Workplace policy. Specific procedures for administering these Department of
Transportation regulations are contained in the District's Administrative Checkpoints
(ABC's). Each employee affected has been given a copy of these procedures and
signed a statement attesting to having received and read them. Compliance with this
policy is a condition of employment.
An employee covered by this policy, is still required to comply with all the other
provisions of the District's Drug Free Workplace Policy. The obligations and
requirements set forth in the District's Administrative Checkpoints are in addition to
existing obligations and requirements set forth in this policy.
6.10 EMPLOYEE ASSISTANCE PROGRAM
Depending on budget and other considerations, the District may provide an employee
assistance program. The EAP provides counseling and other services to assist
employees and their families deal with personal and emotional problems which affect
or might potentially affect their job performance. This counseling is confidential.
6.11 SMOKING POLICY
In the interests of promoting the health and well being of all District employees,
smoking is prohibited in all District facilities and within 20 feet of an entrance, main
exit, or operable window of a District facility and in District vehicles including rolling
stock such as backhoes and tractors.
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6.12 INCOMPATIBLE EMPLOYEE ACTIVITIES
During an employee's work day, the employee is expected to devote their full time
attention and efforts to the performance of their assigned duties as a District
employee. At no time shall outside employment or activity be conducted on District
time. No employee shall engage in any outside activity or enterprise which is
inconsistent, incompatible, in conflict with or interferes with the employee's ability to
perform the duties, functions or responsibilities of their job as a District employee.
They shall not engage in any activity which may contribute to the lessening of their
effectiveness as a District employee. Employees who undertake outside employment
shall notify their immediate supervisors in writing of the nature, duties and hours of
that employment.
No employee shall engage in any type of activity relating to an employee organization
during such time as an employee is on duty, except as expressly permitted by the
General Manager, Federal or State law, Memorandum of Understanding or Board
directive.
6.13 POLITICAL ACTIVITIES
No restriction shall be placed on the political activities of any employee of the District
other than the following:
A. No person who holds, or who is seeking election or appointment to any office
or employment with the District shall, directly or indirectly, use, promise, threaten or
attempt to use any office, authority or influence, whether then possessed or merely
anticipated, to confer upon or secure for any individual person, or to aid or obstruct
any individual person in securing, or to prevent any individual person from securing,
any position, nomination, confirmation, promotion or change in compensation or
position within the District, upon consideration or condition that the vote or political
influence or action of such a person shall be given or used on behalf of, or withheld
from, any candidate, officer or party or upon any other corrupt condition or
consideration (Government Code 3204.)
B. No employee shall directly or indirectly solicit political funds or contributions
from other employees of the District. Employees, however, are not prohibited from
communicating through the mail or by other means, outside of the hours of
employment, requests for political funds or contributions to a significant segment of
the public, which may include officers or employees of the District (Government Code
3205).
C. No employee shall participate in any political activities while in uniform
(Government Code 3206).
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D. No employee shall engage in political activities during working hours or on
District premises (Government Code 3207).
E. No employee shall engage, during their working hours, in the solicitation or
receipt of political funds or contributions to promote the passage or defeat of any
ballot measure that would affect the rate of pay, hours of work, retirement, civil
service or other working conditions of the District nor shall entry be permitted on
District premises during working hours for such purposes (Government Code 3209).
6.14 SERVICE AWARDS
The Board of Directors may authorize the presentation of appropriate service awards
to employees and Directors for: varying years of service, outstanding performance,
safety, exemplary actions or activities.
RULE 7. VACATION AND LEAVE
7.01 HOLIDAYS
The specific holidays observed by the District are established by the General
Manager and approved by the Board of Directors annually on or before July 1 . Part-
time employees working 20 hours or more receive holiday pay in proportion to the
average of normal hours worked as a part-time employee compared to full time, (i.e.,
4 hours per day worked by a regular part-time employee would be paid 4 hours on a
holiday).
Holidays falling on a Saturday shall be taken on Friday. Holidays falling on Sunday
shall be taken on Monday, unless another day is designated by the General Manager.
Employees assigned to special shift work shall receive eight hours of paid time off on
a day designated or approved by the District at the regular rate of pay for each
holiday, whether or not the holiday falls on a regularly scheduled workday for that
employee.
For employees assigned to alternative work schedules, any holiday falling on their
scheduled days off shall be taken so as to provide the employee with three
consecutive days off, unless another day is designated by the General Manager.
Employees shall have the option of accruing leave credit for future use when holidays
occur on their scheduled days off-- consistent with District leave accrual policies.
Employees other than those assigned to special shift work or assigned to standby
duty for emergency, who are called in to work on a holiday, shall receive
compensation equivalent to one and one-half times their regular rate of pay for the
time actually worked, in addition to the paid holiday. To be eligible for holiday pay, an
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employee must be either at work or on paid leave of absence on the regularly
scheduled workday immediately proceeding the day observed as the holiday or the
regularly scheduled workday immediately following the day observed as the holiday.
7.02 VACATION
Full-time employees shall accrue paid vacation up to the maximum accrual amount, at
the following rate per month:
For up to 5 years service -- 6 2/3 hours per month (10 days per year)
(vacation accrual = 80 hours, the maximum hours of vacation that can be
accumulated shall be 120 hours)
Five but less than 15 years service -- 10 hours per month (15 days per year)
(vacation accrual = 120 hours, maximum accumulation = 180 hours)
Fifteen or more years service -- 13 1/3 hours per month (20 days per year)
(vacation accrual = 160 hours, maximum accumulation = 240 hours)
Regular, non-temporary part-time employees working at least 20 hours but not more
than 30 hours, shall accrue vacation in proportion to the hours worked as a regular
part-time employee. Hours shall be calculated as a percentage of 2,080 hours. (i.e.,
an employee working 1,040 hours annually shall accrue half the vacation of a full-time
employee working 2,080 hours annually).
During the first six months of service in a non-promotional probationary period,
employees may accrue vacation credits but may not use them.
Subject to the approval of the General Manager, the Department head and employee
shall schedule the times at which vacation leave is to be taken with due consideration
being given to the desires of the employee and operational needs of the Department.
The maximum amount of vacation that may be taken at any given time shall be that
amount that has accrued to the employee concerned. The minimum amount of
vacation that may be taken at any given time shall be one hour. Based upon
operational needs or employee preference, the use of vacation leave earned in a
given year may be deferred to the following year. Vacation time shall be accrued at
the rate shown above until such time as an employee has accrued the lesser of either
one and one-half times the amount of vacation that can be earned in one year of
service, or 240 hours. From that point on, the employee shall accrue vacation at the
rate of zero days per month, until vacation is taken and total accrued vacation time is
less than the lesser of either one and one-half times the amount of vacation that can
be earned in one year of service or 240 hours.
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Where a District holiday falls during the period of an employee's vacation leave, that
day shall not be charged against the employee's vacation accrual. Where an illness
or injury necessitates hospitalization of an employee during their vacation leave, the
days of hospitalization shall be charged against the employee's accrued sick leave
rather than vacation.
Vacation leave shall not accrue during leaves of absence without pay in excess of
240 hours except for a temporary military leave for active training as defined by
Section 395 of the State Military and Veterans Code.
Upon separation, employees in the Competitive Service shall be paid their current
base rate of pay for all vacation leave earned, but not taken, as of the effective date
of separation.
7.03 SICK LEAVE
Sick leave is not an earned right to time off from work. It is provided so that an
employee shall not be seriously handicapped if they are unable to work because of
their illness, injury or incapacity; illness of a member of the employee's immediate
family or enforced quarantine.
A. ACCUMULATION OF SICK LEAVE: Employees working an average
workweek of 40 hours receive paid sick leave at the rate 3.692 hours for each pay
period (the equivalent of ninety-six (96) hours in 12 months.) Regular, non-temporary
part-time employees working at least 20 hours but not more than 30 hours receive
sick pay in proportion to the average or normal hours worked as a regular part-time
employee compared to full time service. In the event that any paid holiday falls
during a period when an employee is on paid sick leave, the holiday shall not be
charged against the employee's accrued sick leave. The only sick leave hours that
are charged against any employee's accrued sick leave are those hours that the
employee is regularly scheduled to work. Employees are eligible to take sick leave as
earned, under conditions specified above. One hour of sick leave shall be deducted
from an employee's accrued sick leave for each hour taken.
B. NOTIFICATION OF ILLNESS: An employee is required to notify their
immediate supervisor or Department Head if the supervisor is not available within 15
minutes after the time set for the beginning of his/her scheduled work day. An
employee may be required to furnish, at District expense, a certificate issued by a
licensed physician, or other satisfactory evidence of illness, injury, medical condition
or medical or dental office calls when the employee has been under the care of a
physician. Such evidence may also be required if there is reason to believe an
employee is or shall be abusing sick leave.
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In such a case the employee shall be given advance written notice stating the reason
for the requirement. Any requirement to furnish such evidence shall end after thirty
days unless it is renewed in writing. In addition, such evidence may be requested
when an absence for personal illness or injury exceeds five days. Any employee who
is absent because of illness or disability shall notify their supervisor within the first
hour of the shift on each scheduled work day after becoming ill or disabled, unless
specifically excused by the supervisor.
C. PERMITTED USES OF SICK LEAVE: Sick leave may be applied to:
1 . An absence necessitated by an employee's personal illness, injury or
disability.
2. Medical and dental office appointments. (Employees on alternate
work schedules which provide for a day off every other week, such as the 36/44 hour
schedule, are expected to make non-emergency medical and dental office visits on
their week days off.)
3. Absence due to exposure to a contagious disease when quarantine is
imposed by health authorities or when it is determined by a physician that the
presence of the employee on duty would endanger the health of others.
4. Emergency leave with pay may be approved by the Department Head
in the event of an illness or injury of the employee's immediate family. For purposes
of this section, immediate family is defined in Rule 2. The use of sick leave under this
section shall be limited to a maximum of six days. Such leave may be in addition to
the bereavement leave.
5. Illness while on paid vacation shall be charged to sick leave rather
than vacation when the illness necessitates hospitalization. Within five calendar days
of returning to work, the employee must provide their supervisor with satisfactory
medical evidence of the illness or injury. The department is under no obligation to
extend the vacation beyond the original scheduled vacation ending date.
6. Sick leave shall apply to absence caused by illness or injury to a
member of the employee's immediate family as defined in Rules 2, above.
D. GENERAL PROVISIONS: The minimum charge to an employee's sick leave
account shall be one hour, and additional absences over one hour shall be charged
to the nearest quarter hour. Observed holidays occurring during sick leave shall not
be counted as a day of sick leave.
Any employee who retires from the District in accordance with the California Public
Employees Retirement System qualifications shall be paid at the rate of their final
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salary for 3/8 of their accumulated days of sick leave at the time of separation from
active employment. Five eighths of the remaining accumulated days of sick leave
shall be credited to the employee's CalPERS service account. If the employee should
die, their estate is entitled to such payment.
Where an illness or injury is job related and covered by Workers Compensation,
accrued sick leave and vacation may, at the election of the injured employee, be
applied to make up the difference between Workers Compensation and full base
salary.
Sick leave shall not accrue during leaves of absence without pay in excess of thirty
days except for a temporary military leave for active training as defined by Section
395 of the State Military and Veterans Code.
7.04 BEREAVEMENT LEAVE
Upon request, regular employees shall receive time off with pay, not to exceed three
days in any one instance, to arrange for or attend a funeral of a member of their
immediate family or conduct business associated with the deceased. An original
probationary employee may be granted time off with pay at the discretion of the
General Manager. To be granted the leave the employee must agree that if he or she
does not pass probation, the amount of the leave shall be deducted from their final
paycheck. Immediate family is defined in Rule 2. The General Manager may allow
the employee to use up to an additional four days of sick leave to supplement their
three days of bereavement leave.
7.05 LEAVE OF ABSENCE WITHOUT PAY
The General Manager may grant an employee a leave of absence without pay for a
period not to exceed six months. Any leave of absence for a period longer than six
months must be approved by the Board of Directors. Upon expiration of an approved
leave, the employee shall be reinstated in the position held at the time leave was
granted or to a comparable position. An employee on a leave of absence in excess of
30 days shall not receive or accrue any employee benefits. However, in the event that
the leave without pay is granted for reasons of illness or injury, the District shall
continue to pay for any medical insurance premiums required by FMLA.
7.06 CIVIC RESPONSIBILITY LEAVE
An employee may take off such working time as shall enable them to vote, providing
such employee is a registered voter and does not have sufficient time outside regular
working hours within which to vote. A maximum of two hours may be taken with pay.
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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.
7.07 JURY DUTY AND WITNESS LEAVE
An employee who is called for jury duty or for examination for jury duty or who is
called to answer a subpoena as a witness in an official capacity on a case where they
are not on trial, a party or an expert witness other than for the District, shall be
compensated at their regular rate of pay provided the employee deposits the fee paid
by the courts with the District.
An employee otherwise involved in litigation in a matter unrelated to their capacity as
a District employee shall be permitted time off without pay or the employee may
choose to use accrued vacation for this purpose.
7.08 ABSENCE WITHOUT AUTHORIZATION
When an employee has been absent without authorization from work for more than
three days, and in the opinion of the Department head the employee has abandoned
their position, the Department Head shall notify the General Manager or a designee.
The General Manager shall notify the employee that the District has determined they
have 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 last
address listed in the employee's personnel file.
Abandonment of position may include, but is not limited to:
1 . An employee failing to return to their employment upon conclusion of any
authorized leave of absence;
2. An employee failing to properly notify their immediate supervisor of absence
due to sickness or injury;
3. An employee failing to appear for work without notification, or agreement
between supervisor and employee as to the use of any leave time set forth under
these Personnel Rules;
4. An employee failing to keep their immediate supervisor apprised of disability
status on a daily basis, unless otherwise directed by their supervisor.
Where an employee fails to respond within five working days to the notice of
abandonment of position, the employee may be considered to have abandoned their
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position of employment with the District. Abandonment of position shall constitute an
automatic resignation from employment and is grounds for disqualification from future
employment with the District. Even if the employee responds within five working days
to a notice of abandonment, nothing herein shall preclude the District from taking
disciplinary action for abuse of leave or unauthorized absence.
7.09 MEDICAL LEAVE
The General Manager may place an employee on a medical leave of absence without
pay when that employee is incapacitated to a degree where the employee is unable to
perform the essential functions of their position and, if disabled, cannot be reasonably
accommodated. This type of leave may be used pending the employee's anticipated
recovery or pending the outcome of a medical evaluation of the employee's physical
or mental health as it relates to the performance of their work. Before an employee is
placed on such leave status, the employee shall utilize all accrued vacation and sick
leave.
A medical leave of absence may also be directed by the General Manager in cases
where an employee is already off the job due to illness or injury and has exhausted all
accrued sick leave and vacation credit.
Under normal circumstances, no leave directed or granted under this Rule shall
exceed 120 days at which time the General Manager may extend the leave for a
definite period or terminate it. Leave taken under this Rule which extends 30 days
beyond accrued vacation and sick leave constitutes a break in service and the
employee's merit review and anniversary date shall be adjusted accordingly.
7.10 MILITARY LEAVE
Payment of employees on temporary military leave is governed by state and federal
law. Any employee who is on temporary military leave of absence, and who has been
in the service of the District for a period of not less than one year immediately prior to
the day on which the absence begins, is entitled to receive their salary compensation
for the first thirty (30) days of military leave in any one fiscal year. Employees must
submit a copy of military orders to the Personnel Officer prior to the beginning of the
military leave period and as soon as the employee knows of the need to request such
leave, except where military necessity dictates. Compensation received for military
service shall be offset against compensation otherwise due from the District as
authorized by law.
If an employee's military leave of absence exceeds thirty (30) days per fiscal year,
their salary anniversary date shall be extended the same length of time as their leave
of absence, minus the first thirty days. If an employee is required to perform military
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duties while on probation, their probationary period shall be extended the same
length of time as their military leave.
7.11 LEAVE WITHOUT PAY -- AFFECT ON SENIORITY AND BENEFITS
Except as provided under State Law for military leave, an employee on a leave of
absence without pay exceeding thirty (30) days shall not continue to accrue service or
leave credits, nor shall the District be required to maintain contributions toward group
insurance or retirement coverage. During the period of such leaves, all service and
leave credits shall be retained at the levels existing as of the effective date of the
leave.
7.12 ELIGIBILITY FOR BENEFITS -- TEMPORARY AND PART-TIME
EMPLOYEES
Employees holding temporary appointments or working part-time (less than 20 hours)
do not accrue service credits and are not eligible for any benefit other than that
required by State or federal law.
Employees holding regular, non-temporary part-time positions in the Competitive
Service (working at least 20 hours or more per week, but not more than 30 hours)
shall accrue benefits pro-rated in accordance with their annual hours worked.
7.13 FAMILY LEAVE
The District's Family and Medical Leave Act Policy is incorporated into these Rules.
RULE 8. LAYOFF PROCEDURES
8.01 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 intended to provide
consideration to seniority of service.
8.02 LAYOFF PROCEDURE
A. SENIORITY: Seniority is defined as the length of continuous service in the
employee's present class or in higher or equal classes regardless of the department
to which assigned. When employees have equal seniority for retention in a class, the
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employee with the greatest amount of seniority credit with the District shall have the
highest retention priority. Seniority credit with the District is defined as the length of
continuous service from the last date of hire by the District.
B. ORDER OF LAYOFF: When layoff is necessary, employees are subject to
layoff by class 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 in the Competitive
Service shall be laid off in an order determined by seniority.
3. Regular and promotional probationary employees in the Competitive
Service shall be laid off in an order determined by seniority.
C. SENIORITY LIST: Employees shall be subject to layoff as follows:
1 . The names of all employees in a class in a department shall be listed
in order of seniority within the categories defined 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 least senior employees shall be
considered. If more than one layoff is to be made, the number of employees lowest in
seniority equal to the number of layoffs plus two shall be considered. The General
Manager shall base layoff decisions on seniority.
3. In order to avoid layoff, an employee laid off under the provisions of
paragraph (2) above may, within three working days of receipt of the layoff notice,
request demotion to a position in any lower class within the same series, or in an
equivalent series, or in any class within the classified service in which the employee
previously held regular status. Whether to allow an incumbent to bump shall be
based upon seniority. The decision must be recommended by the Human Resources
Manager and approved the General Manager.
4. In the case of any question as to the equivalency of classes for
purposes of paragraph (3) above, the decision of the Personnel Officer is final.
D. WRITTEN NOTICE OF LAYOFF: Any employee to be laid off shall be given
written notice of layoff not less than fourteen calendar days prior to the effective date
of such layoff.
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8.03 REEMPLOYMENT
A. REEMPLOYMENT LIST: The names of persons laid off shall be placed on a
reemployment list for each class in the same and any equivalent series at or below
the level of the class from which laid off and for each class in which regular status
was previously held.
These names shall be placed on the reemployment list in reverse order of layoff. Last
employee laid off is the first employee on the reemployment list, with other laid off
employees in sequential order thereafter. Employees whose positions have been
reallocated to a lower class but who have not been demoted for cause shall also have
their names placed on the reemployment list for the class from which their position
was reallocated. Reemployment lists shall be certified by the Personnel Officer and
be valid for one year from the date of layoff.
B. APPOINTMENTS: The General Manager shall select from among the three
highest available and qualified on the reemployment list. Qualifications shall be
determined by the last performance evaluation.
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.
RULE 9. HARASSMENT
The District's Harassment/Discrimination/Retaliation Prevention Policy is incorporated
into these Rules.
RULE 10. DISCIPLINE
10.01 CAUSE
The tenure of every employee in the Competitive Service who has passed probation
is conditioned by good behavior and satisfactory work performance. Any employee in
the Competitive Service may be subject to disciplinary action for good cause. The
extent of the disciplinary action taken shall be commensurate with the offense,
provided that the prior employment history of the employee may also be considered
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pertinent. Cause may include violation of the Personnel Rules, or of any other
policies and procedures, including but not limited to any of the following:
A. FRAUD IN SECURING EMPLOYMENT: Making a false statement on an
application for employment or on any supporting documents furnished with or made
part of any application.
B. INEFFECTIVENESS: Failure to meet or comply with minimum standards of a
position which can include excessive absences or repeated lateness for work.
C. NEGLIGENT PERFORMANCE: Failure to perform duties required of an
employee in that position.
D. DISOBEDIENCE AND INSUBORDINATION: Such as a willful failure to
conform to duly established orders or directions of persons in a supervisory position
or acting in an insulting or demeaning manner toward a supervisor.
E. DISHONESTY
F. SUBSTANCE ABUSE: Being under the influence of alcohol or illegal drugs
while on duty.
G. VIOLATION OF DISTRICT/DEPARTMENT/SECTION RULES: Violation of
the District Personnel Rules, District policies and 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. MISCONDUCT: Any act of misconduct undertaken in bad faith, either during
or outside of duty hours, of such a nature that it causes discredit to fall upon the
District, or which impairs the employee's ability to effectively perform their job duties
and responsibilities.
K. ABUSE OF LEAVE: Abuse of sick leave or other leaves.
L. CARELESSNESS/NEGLIGENCE: Careless or negligent behavior in the care
or handling of District property.
M. WORKING OVERTIME WITHOUT FIRST RECEIVING AUTHORIZATION TO
DO SO.
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N. FRAUDULENT ACTION: Falsifying time cards, production records overtime
sheets or other work records or the practice of fraud of any type.
O. FAILURE TO PERFORM JOB: Failure to perform assigned duties required of
an employee in that position in an effective and timely manner.
P. SLEEPING ON DUTY.
Q. READING NON-WORK RELATED MATERIAL DURING WORKING HOURS,
EXCEPT DURING AUTHORIZED BREAKS AND/OR MEAL PERIODS.
R. CARRYING A FIREARM OR OTHER UNAUTHORIZED WEAPON WHILE ON
DISTRICT OWNED OR CONTROLLED PROPERTY.
S. 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.
T. CARELESSNESS/NEGLIGENT ACTIONS: Careless, negligent, abusive or
other actions that endanger, threaten to endanger the employee or other employees
or the public including placing the District in a position of liability for the damage or
injury to another person or their property.
U. DISRUPTION OF DISTRICT BUSINESS THROUGH WILLFUL
MISCONDUCT.
V. SEXUAL ACTIVITY ON DUTY.
W. RELEASE OF CONFIDENTIAL INFORMATION.
X. CRIMINAL CONDUCT: Probable cause indicating the commission of a felony
or a misdemeanor committed during the course of employment, which jeopardizes the
District's property, security or its public reputation, the interests of the other
employees or results in the employee not being available for work. Including
probable cause indicating the commission of a felony or a misdemeanor during the
employee's off-duty hours which is related to the employment relationship between
the District and the employee and which prejudices any District interests.
Y. ACTION BY OR BEHAVIOR OF THE EMPLOYEE WHICH PRESENTS A
DANGER TO THE SAFETY OR WELFARE OF THE EMPLOYEE, CO-WORKERS
OR THE PUBLIC.
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10.02 TYPES OF ACTIONS
The types of disciplinary actions included under this policy are: verbal reprimand,
written reprimand, contemplation leave, suspension without pay, involuntary
demotion, reduction in pay and termination.
For each type of disciplinary action, certain steps and procedures must be followed.
A supervisor who is considering a disciplinary action beyond a verbal reprimand
should discuss the circumstances of the situation with the Personnel Officer before
taking any action unless the particular situation requires immediate action. A
supervisor is not required to take disciplinary action in sequential order. Depending
upon the specific circumstances of the violation, the supervisor should determine
which action (or actions) is appropriate.
10.03 PROGRESSIVE STEPS
Disciplinary actions may, but are not required to, be taken in progressive steps as
follows..
A. VERBAL 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 District Rules, policies or practices, and to remind the
employee of the behavior that is expected in the future and the consequences of not
meeting the performance expectations of the supervisor.
B. WRITTEN REPRIMAND: The supervisor prepares a Written Reprimand
memo. The written reprimand constitutes notice of the infraction(s) including the
circumstances. The supervisor shall hold a Written Reprimand meeting with the
employee. Employees who have received written reminders are entitled to the
following:
1 . A meeting with the supervisor to discuss the contents of the written
reprimand.
2. The opportunity to present a written response to the written reprimand.
The written reprimand and the response shall be placed in the employee's personnel
file.
3. The employee has ten (10) business days from receipt of the written
reprimand in which to write a response to it.
C. CONTEMPLATION LEAVE: An employee may be placed on a one-day
contemplation leave with pay to allow that employee time to consider the expectations
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of their supervisor. In implementing a contemplation leave, the supervisor shall follow
all of the steps listed under the written reprimand section of this Rule. In the memo to
the employee the supervisor shall include an explanation that the purpose of the
contemplation leave is for the employee to consider the expectations of the
supervisor. The employee may, at their option, prepare a written statement
concerning the supervisor's expectations.
When the employee returns from contemplation leave, the employee shall meet with
the supervisor to discuss the expectations of the supervisor. The supervisor shall
review any statement prepared by the employee. The employee shall be warned that
failure to comply with the reasonable expectations of the supervisor may be grounds
for discipline up to and including termination.
D. SUSPENSION WITHOUT PAY: An employee may be suspended without pay
for up to thirty calendar days. When placing an employee on suspension without pay,
the supervisor shall follow all of the steps listed under the Notice of Intent to Impose
Discipline (Section 10.04), Preliminary Hearing (Section 10.05) and Appeal Rights
(Section 10.06).
E. INVOLUNTARY DEMOTION: An employee may be demoted to a
classification having an overall lower salary range. When demoting an employee, the
supervisor must follow all of the steps listed under the Notice of Intent to Impose
Discipline (Section 10.04), Preliminary Hearing (Section 10.05) and Appeal Rights
(Section 10.06).
F. 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 the Notice of Intent to Impose Discipline (Section
10.04), Preliminary Hearing (Section 10.05) and Appeal Rights (Section 10.06).
G. TERMINATION: When it is necessary to terminate an employee, the
supervisor must follow all of the steps listed under the Notice of Intent to Impose
Discipline (Section 10.04), Preliminary Hearing (Section 10.05) and Appeal Rights
(Section 10.06).
10.04 NOTICE OF INTENT TO IMPOSE DISCIPLINE
A. REQUIREMENTS: A Notice of Intent shall be given to the employee
whenever the District intends to discipline by: suspension without pay, reduction in
pay, demotion to a classification with a lower salary range or termination.
B. CONTENTS: The Notice of Intent shall inform the employee of the
disciplinary action intended and the effective date of the intended action. It shall set
forth the nature of the infraction(s), any previous disciplinary actions taken, how the
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employee's conduct has had an adverse impact on the District's operations, and be
accompanied by all materials upon which the action is based, and notification that the
employee has the right to respond orally or in writing to the Personnel Officer within
five business days from the date of issuance of the Notice of Intent if personally
served, or ten calendar days if served by mail.
Whether delivery is made in person or by mail, the Notice of Intent shall contain a
"statement of delivery or mailing" indicating the date on which the Notice of Intent was
personally delivered or deposited in the United States Mail. Such date of delivery or
mailing shall be the "date of issuance" of the Notice of Intent.
10.05 RESPONSE TO NOTICE OF INTENT/WRITTEN RESPONSE OR
PRELIMINARY HEARING
A. WRITTEN RESPONSE TO NOTICE: The employee is entitled to respond in
writing to the Notice of Intent. Such response must be received by the Personnel
Officer within five business days from the date of issuance of the Notice of Intent if
personally served or ten days if served by mail. After review of an employee's timely
response, if any, the Personnel Officer shall notify the employee of any action to be
taken. Such action to be taken may not include discipline more than described in the
Notice of Intent. However, the District may reduce such discipline without issuing a
further Notice of Intent.
B. PRELIMINARY HEARING: An employee who receives a Notice of Intent may
request a hearing on the Notice of Intent. The request for such a hearing must be
delivered to the Personnel Officer within five (5) business days of the issuance of the
Notice of Intent if personally served and ten calendar days if served by mail. Upon
the receipt of a request for a hearing, the Personnel Officer shall schedule an
informal hearing to take place within five (5) business days with the employee and
supervisor to review the proposed action and allegations. The informal hearing is not
an evidentiary hearing but is an opportunity for the employee to tell his or her story.
C. SUSPENSION WITH PAY PENDING DETERMINATION OF DISCIPLINARY
ACTION: An employee shall be placed on suspension with pay pending a
determination by the Personnel Officer of the disciplinary action.
D. PERSONNEL OFFICER'S DETERMINATION: Within five business days
following the conclusion of the hearing the Personnel Officer shall issue and deliver
to the employee a written statement of the decision to uphold, modify or reject the
proposed disciplinary action.
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10.06 APPEAL RIGHTS
Suspension without pay, reduction of pay, demotion or termination of any employee in
the Competitive Service may be appealed to the General Manager by filing a written
request for a hearing within ten calendar days after notice of that action; or fifteen
calendar days if served by mail. The General Manager may hear the matter or may
appoint a hearing officer to hear the matter and make a recommendation to the
General Manager.
The hearing shall be conducted as soon as it can reasonably be scheduled by the
General Manager or appointed hearing officer. The hearing shall be conducted in a
manner most conducive to determination of the truth, and technical rules of evidence
do not apply. Both the employee and the department head recommending the action
may have representation at the hearing and be given the opportunity to present and
challenge evidence. A written decision shall be prepared and given to the employee.
In the event the action involves a department head or other employee who reports
directly to the General Manager, the Board of Directors 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.
10.07 PLACEMENT IN PERSONNEL FILE
Official disciplinary action documents shall be placed in the employee's personnel file
when the discipline is final.
10.08 EMPLOYEE ACKNOWLEDGEMENT
The employee shall be asked to acknowledge each document in the disciplinary
process by signing that it was received.
10.09 INVESTIGATORY LEAVE
An employee may be placed on investigatory leave with pay to allow their supervisor
to fully review the facts of an alleged violation.
10.10 EMERGENCY SUSPENSION
An employee may be removed from the work place immediately without pay pending
an investigation because of their gross misconduct which has resulted in a potential
emergency situation, including but not limited to, situations that may endanger life or
property. Such removal shall not exceed 24 hours at which time the employee shall
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Personnel Rules
be given a Notice of Intent to Impose Discipline or returned to full-pay status. If no
discipline is imposed, the employee shall be repaid for any time off without pay.
10.11 EXTENSION
Any time limitations or requirements as set forth under this policy may be extended or
changed by mutual agreement of the parties in writing.
10.12 DELIVERY OF NOTICE
When Notice is required, the notice shall be given to the affected employee either by
delivery of the notice to the employee in person or if the employee is not available for
personal delivery, by posting the notice by certified United States Mail, return receipt
requested, addressed to the employee's last known home address. It shall be the
responsibility of the employee to inform the Personnel Officer, in writing, of their
current home address, and of any change in such address. The information provided
shall constitute the employee's "last known address." Such personal delivery or
mailing shall be presumed to provide actual notice to the affected employee.
RULE 11. GRIEVANCE PROCEDURE
11.01 PURPOSE OF GRIEVANCE PROCEDURE
The purpose of this section is to enhance communications between the District and
its employees in the Competitive Service by providing a fair and impartial review and
consideration of grievances at the level closest to their point of origin within a
reasonable time period without jeopardizing the employees' position or employment.
These grievance procedures are not available to employees not in the Competitive
Service. All levels of management and supervision are expected to inform and
encourage employees to discuss matters affecting their employment.
11.02 DEFINITIONS
A. GRIEVANCE: A claim by a regular employee in the Competitive Service that
the District has violated, misrepresented or misapplied an obligation to the employee,
as expressed in the Personnel Rules, Memorandum of Understanding or other
administrative rules, procedures or regulations. Disciplinary actions, the content of
performance evaluations, rejection from probation, merit adjustments, 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.
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B. GRIEVANCE PROCEDURE: The process by which the validity of a grievance
is determined.
C. REPRESENTATIVE: A person who at the request of the employee or
management is invited to participate in the grievance conference.
11.03 GRIEVANCE PROCEDURE
A. INFORMAL PROCEDURE: Whenever possible, an employee who has a
complaint should try to solve the problem through informal discussion with their
supervisor without delay. The supervisor shall make whatever investigation is
deemed necessary and reply within five working days. Any matters for which the
supervisor does not have the necessary authority to make a decision should be
brought to the attention of the nearest level of management that has the requisite
authority.
If the employee is not satisfied with the decision reached through the informal
discussion, they may bring the matter to the attention of the next level of authority. If
the employee is still not satisfied with the decision, they may file a formal grievance
within fifteen (15) working days of the occurrence of the event or action giving rise to
the grievance.
B. FORMAL PROCEDURE: The formal grievance procedure may be followed
only after failure to resolve a problem through informal grievance adjustment. If the
employee is not in agreement with the decision reached, they 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 is deemed
necessary to allow fair consideration of the situation and shall present a written reply
to the employee within ten working days after receipt of the grievance. A copy of the
reply shall be forwarded to the General Manager.
If the employee is not satisfied with the decision of the Personnel Officer, they may
file a written appeal to the General Manager within five (5) working days after having
received a reply from the Personnel Officer. Within ten (10) working days, the
General Manager shall make a written decision which shall be final and binding on all
parties. The General Manager shall make whatever investigation is deemed
necessary to allow fair consideration of the situation and shall present a written reply
to the employee within ten (10) working days after receipt of the grievance.
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11.04 GENERAL PROVISIONS
The Personnel Officer shall receive and retain copies of all written materials
pertaining to the grievance. Employees may represent themselves, or select a
representative. If an employee fails to proceed with a grievance within any of the time
limits specified in this section, the grievance shall be deemed settled on the basis of
the last decision reached. However, any of the time limits specified in this section
may be extended in writing when mutually agreed upon by all parties concerned.
Either the grievant, the Personnel Officer or the General Manager may request a
meeting to review the grievance prior to a decision. When it is necessary for a
grievant or designated representative to attend a grievance meeting or hearing with
management during the workday, they 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.
No retribution or prejudice shall be suffered by employees making use of the
grievance procedure by reason of such use.
RULE 12. EMPLOYEE REPRESENTATION ORGANIZATIONS
The DISTRICT Resolution No. 09-11 , governing employer-employee relations, is
incorporated into these Rules.
These Personnel Rules represent a meet and confer agreement between
representatives of the District and the Yorba Linda Water District Employees'
Association.