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HomeMy WebLinkAbout2017-11-14 - Resolution No. 17-34 RESOLUTION NO. 17-34 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING THE PERSONNEL RULES FOR THE YORBA LINDA WATER DISTRICT WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Personnel Rules by Resolution No. 13-01; and WHEREAS, Section 1.02 of the Personnel Rules sets forth the coverage and applicability of said rules; and WHEREAS, Section 3.02 of the Personnel Rules sets forth the procedures for classification changes; and WHEREAS, it is the Board of Directors desire to amend Section 1.02 of the Personnel Rules to rescind the provision of at-will employment in order to enhance the District's recruitment efforts; and WHEREAS, the Board of Directors also desire to amend Section 3.02 of the Personnel Rules to further clarify the District's procedures for classification changes. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That Sections 1.02 and 3.02 of the Personnel Rules for the Yorba Linda Water District be amended as set forth in Exhibit A. PASSED AND ADOPTED this 14th day of November 2017 by the following called vote: AYES: Directors Hall, Hawkins, Jones, Miller and Nederhood NOES: None ABSTAIN: None ABSENT: None J. Wayne Miller, Ph.D., President Yorba Linda Water District Resolution No. 17-34 Amending Personnel Rules 1 ATTEST: Marc MaYcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, E<. Kidman Law LLP Resolution No. 17-34 Amending Personnel Rules 2 EXHIBIT A 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 and Assistant General Manager B. Temporary Employees and part time employees working less than 30 hours per week. The General Manager, Assistant General Manager, and individuals described 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 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. 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 ratification by the Board of Directors at the next available regular Board meeting when the determination results in an amendment to the Plan. 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. Resolution No. 17-34 Amending Personnel Rules 3