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HomeMy WebLinkAbout2019-02-26 - Resolution No. 2019-04 RESOLUTION NO. 2019-04 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING SECTIONS 3.01 AND 6.02, AND EXHIBIT A OF THE PERSONNEL MANUAL FOR UNREPRESENTED EMPLOYEES FOR THE REMAINDER OF FISCAL YEARS 2019-2023 WHEREAS, the Board of Directors of the Yorba Linda Water District previously adopted the Personnel Manual (Manual) for Unrepresented Employees for Fiscal Years 2019-2023 (Resolution No. 18-11); and WHEREAS, the Board of Directors then adopted Resolution No. 18-17 amending the effective dates of Exhibits A through F of the Manual to reflect the 1St day of July of the applicable fiscal year; and WHEREAS, the Board of Directors then adopted Resolution No. 18-29 amending Section 6.02 of the Manual to clarify the benefits and special conditions offered by the District for Unrepresented Employees as related to Certificate Pay and amending Exhibit A of the Manual to modify the classifications and salary ranges for Unrepresented Employees for the remainder of Fiscal Years 2019-2023; and WHEREAS, the Board of Directors then adopted Resolution No. 18-35 amending Section 4.07 and Articles 6 and 7 of the Manual to clarify the benefits and special conditions offered by the District for Unrepresented Employees as related to Merit Increases, Certificate Pay, Commercial Drivers' License Pay, Uniforms, Fatigue Accommodation, Standby Compensation, and Call-out Compensation and amending Exhibit A of the Manual to modify the classifications and salary ranges for Unrepresented Employees for the remainder of Fiscal Years 2019-2023; and WHEREAS, it is the desire of the Board of Directors to amend Sections 3.01 and 6.02 of the Manual to add Director of Public Affairs to the Management Employees definition and add Sr. Field Customer Service Representative/Meters to the Certificate Pay section; and WHEREAS, it is also the desire of the Board of Directors to further amend Exhibit A of the Manual for Unrepresented Employees to remove the Management Analyst classification and salary range and add the Director of Public Affairs, Sr. Management Analyst and Sr. Field Customer Service Representative/Meters classifications and salary ranges effective March 3, 2019. Resolution No.2019-04 Amending the Personnel Manual for Unrepresented Employees 1 NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That effective March 3, 2019, Sections 3.01 and 6.02 of the Personnel Manual for Unrepresented Employees for Fiscal Years 2019-2023 be amended to read as attached hereto and by this reference incorporated herein. Section 2. That effective March 3, 2019, Exhibit A of the Personnel Manual for Unrepresented Employees for Fiscal Years 2019-2023 be amended to read as attached hereto and by this reference incorporated herein. PASSED AND ADOPTED this 26th day of February 26 by the following called vote: AYES: Directors Hall, Jones, and Miller NOES: Director Nederhood ABSTAIN: None ABSENT: Director Hawkins Brooke oneresident Yorba Linda ater District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B-Gagen, sq. Kidman Gagen Law LLP Resolution No.2019-04 Amending the Personnel Manual for Unrepresented Employees 2 Unrepresented Employees Personnel Manual 1 2018-2023 YORBA LINDA WATER DISTRICT PERSONNEL MANUAL FOR UNREPRESENTED EMPLOYEES EFFECTIVE JULY 1, 2018 Yorba Linda Water District (“District”) hereby presents this Personnel Manual (“Manual”) describing the salaries, benefits and special conditions offered by the District and establishing rules, regulations, and procedures for its Unrepresented Employees (“Employees”) which shall be effective July 1, 2018, unless otherwise noted, through June 30, 2023. ARTICLE I – MANAGEMENT RIGHTS Section 1.01 – General There are no provisions in this Manual that shall be deemed to limit or curtail the District in any way in the exercise of the rights, powers and authority which the District had prior to this Personnel Manual unless and only to the extent that the provisions of this Manual specifically curtail or limit such rights, powers and authority. The Manual does not create any contract of employment, expressed or implied, or any rights in the nature of a contract. ARTICLE II – RECOGNITION Section 2.01 – General The provisions of this Manual shall apply to the Unrepresented Employees’ (formerly Professional and Confidential Employee Group, and Management Employee Group) as specified in Exhibit “A”. The Assistant General Manager is at-will and serves at the will of the General Manager and may be dismissed without cause or right of appeal. Articles X, XI, and XII of this Personnel Manual do not apply to this classification. Provisions of this Manual do not apply to part-time, temporary, limited term, contract or intern personnel (employees) unless specifically noted in this manual, District Policy or the employee’s contract. ARTICLE III – DEFINITIONS Section 3.01 – Definitions The following terms as used in this Personnel Manual shall, unless the context clearly indicates otherwise, have the respective meanings described below: Unrepresented Employees Personnel Manual 2 2018-2023 CLASSIFICATION: 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. CONTINUOUS SERVICE: The service of an employee in a payroll status without interruption except for authorized leave(s) of absence from date of hire. DAY: One calendar day, unless expressly noted otherwise. DEMOTION: The voluntary or involuntary transfer of an employee from one classification to another classification with a lower salary grade. DEPARTMENT HEAD: One who functions directly under the authority of the General Manager and Assistant General Manager, has direct responsibility for a particular department or major function, and manages its staff, policies and budget. DISCIPLINARY ACTION: The discharge, demotion, reduction of pay, suspension, or the issuance of a written reprimand or formal warning. A performance evaluation is not a disciplinary action, regardless of the rating. ELIGIBLE: A person whose name is on an employment list, promotional list or reemployment list. EMPLOYEE: An individual within a classification included in Exhibit “A.” Regardless of duties, anybody whom the District deems an independent contractor or volunteer shall not be considered an “employee” for purposes of this Manual. EMPLOYMENT LIST: A. Eligibility List -- A list of candidates who have qualified in an examination open to all qualified individuals and who are eligible for appointment. B. Promotional -- A list of candidates who have qualified in an 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 his/her former classification or in a comparable classification carrying the same or lower maximum rate of pay. D. Reinstatement -- A list of former employees who resigned from the District in good standing and who are eligible for reinstatement to his/her former classification carrying the same or lower maximum rate of pay. Unrepresented Employees Personnel Manual 3 2018-2023 EXEMPT EMPLOYEE: An employee who is exempt from the overtime payment provisions of FLSA. FAIR LABOR STANDARDS ACT (FLSA): The Federal Law which guarantees non- exempt employees pay at one and one-half (1½) times for working overtime. FISCAL YEAR: A twelve month period from July 1 to June 30 in which the District plans, budgets, appropriates and expends its funds. FULL-TIME POSITION: A position requiring the incumbent to work forty hours or more per week. GRIEVANCE: A claim by a regular employee that the District has violated, misrepresented or misapplied an obligation to the employee, as expressed in the Personnel Manual or other administrative rules, policy, procedures or regulations. Disciplinary actions, the content of performance evaluations, failure of probation, merit increases, reclassification, layoff, transfer or challenges to examinations or appointment are not subject to the grievance procedure. The grievance procedure shall not be used to establish new policies or change any existing rules. GRIEVANCE PROCEDURE: The process by which the validity of a grievance is determined. IMMEDIATE FAMILY: Employee's spouse, domestic partner, parents, children (stepchildren,) foster children, sisters, brothers, grandparents, grandchildren, mother-in- law, father-in-law. LAYOFF: Termination of employment due to elimination of position because of lack of work or lack of available funding, reorganization or an action deemed by the Board to be in the public interest. LEAVE OF ABSENCE: Permission to be absent from work for a specified purpose, with the right to return before or upon the expiration of the leave period. MANAGEMENT EMPLOYEES: Employees within the Assistant General Manager, Director of Public Affairs, Engineering Manager, Finance Manager, Human Resources/Risk and Safety Manager, Information Technology Manager, and Operations Manager classifications. MERIT INCREASE: An increase in the base pay rate of an employee from his/her current Step to a higher Step in the salary Range established for his/her classification. The amount of merit increase is awarded based on the employee’s overall performance rating as documented on the Performance Appraisal, not on longevity. NON-EXEMPT EMPLOYEE: An employee who is covered by the overtime provisions of FLSA. Unrepresented Employees Personnel Manual 4 2018-2023 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. PART-TIME POSITION: A position requiring the incumbent to work less than forty (40) hours per week. Employees working less than thirty (30) hours per week serve at the will of the General Manager, and may be terminated without cause or without hearing or right of appeal. Employees working 30 hours or more may receive some benefits. POSITION: A combination of duties assigned to be performed by one person. PROBATIONARY EMPLOYEE: An employee whose regular status is contingent upon successful completion of a prescribed period of observation to determine that the employee possesses the ability to perform the duties of the position. The original probationary period is a 12 month working test period and the promotional probationary period is a 6 month working test period, during which an employee is required to demonstrate his/her ability to perform the duties of their position. PROMOTION: The movement of an employee from one classification to another classification with a higher rate of pay. RECLASSIFICATION: The reassignment of a position from one classification title or grade to a different classification title or grade in accordance with a reevaluation of the minimum qualifications, duties, and responsibilities of the position in question. REGULAR FULL TIME EMPLOYEE/REGULAR PART TIME EMPLOYEE: An employee who has completed the Probationary Period and is occupying a position established on a continuing basis, as distinct from temporary employees who serve on a seasonal or intermittent basis. A regular part time employee works thirty hours or more and has completed probation. SALARY SCHEDULE: An annual listing of the minimum through maximum salary grades of pay for all defined District classifications, as prepared by the General Manager and adopted by the Board of Directors. SENIORITY: Seniority is defined as the length of continuous service in the employee's present classification or in higher or equal classification regardless of the department to which assigned. SEPARATION: The separation of an employee from District service because of retirement, resignation, termination, permanent disability, dismissal or death. STEP: The various increments of a salary range, from minimum to maximum, authorized for the subject classification. Unrepresented Employees Personnel Manual 5 2018-2023 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, serve at the will of the General Manager, and may be terminated without cause or without hearing or right of appeal. TRANSFER: Change of an employee from one classification to another having the same maximum salary and similar duties and basic qualifications. WORKWEEK: A regularly reoccurring period of seven (7) consecutive twenty-four (24) hour days. ARTICLE IV – CLASSIFICATION AND COMPENSATION Section 4.01 – Compensation The following base salary increases are considered “persable” compensation and lump sum payments are considered “non-persable” compensation. A. On July 12, 2018, employees shall receive a 1% increase to his/her base salary (Exhibit “B”). On November 15, 2018, employees shall receive a lump sum payment equivalent to 2% of his/her current hourly rate of pay as of November 10, 2018 multiplied by 2080. B. On July 11, 2019, employees shall receive a 2% increase to his/her base salary (Exhibit “C”). On November 14, 2019, employees shall receive a lump sum payment equivalent to 1% of his/her current hourly rate of pay as of November 9, 2019 multiplied by 2080. C. On July 9, 2020, employees shall receive a 1% increase to his/her base salary (Exhibit “D”). On November 12, 2020, employees shall receive a lump sum payment equivalent to 2% of his/her current hourly rate of pay as of November 7, 2020 multiplied by 2080. D. On July 8, 2021, employees shall receive a 2% increase to his/her base salary (Exhibit “E”). On November 10, 2021, employees shall receive a lump sum payment equivalent to 1% of his/her current hourly rate of pay as of November 6, 2021 multiplied by 2080. E. On July 7, 2022, employees shall receive a 1% increase to his/her base salary (Exhibit “F”). On November 10, 2022, employees shall receive a Unrepresented Employees Personnel Manual 17 2018-2023 new pair of safety footwear (up to $250). The employee will be required to submit the used safety footwear to the District in exchange for the replacement safety footwear. Section 6.02 – Certificate Pay The District shall reimburse employees for sums paid to the appropriate agencies for obtaining or renewing treatment and/or distribution certificates, collection certificates, and other professional certifications, registrations and job related training. A. In addition, the District shall provide a one-time per fiscal year payment of $150.00 per certificate to an employee in the Maintenance Superintendent, Operations Superintendent, and Production Superintendent classifications who has qualified for and been issued a State Water Resources Control Board (SWRCB) Distribution or SWRCB Treatment and/or California Water Environment Association (CWEA) Collection Certificate(s) that is above and beyond the certification(s) required for his/her classification. As determined at the sole discretion of the General Manager, the certificate(s) must be relevant to the employee’s principal duties and must be above and beyond the requirement of the employee’s classification. The $150.00 payment shall be issued during each year in which the applicable certificate(s) remains valid and remains other than a certificate which is a job requirement. B. The District shall provide the below indicated certificate pay amounts where any employee in the Sr. Field Customer Service Representative/Meters, Sr. Plant Operator, and Sr. Maintenance Worker classifications has been issued a State Water Resources Control Board (SWRCB) Distribution, SWRCB Treatment, and/or California Water Environment Association (CWEA) Collection Certificate(s) that is above and beyond the certification(s) required for his/her classification. As determined at the sole discretion of the General Manager, the certificate(s) must be relevant to the employee’s principal duties and must be above and beyond the requirement of the employee’s classification. 1. In those instances where an employee has a Treatment, Distribution, and/or Collection Certificate that is above and beyond the certification(s) required for the employee’s classification, the District agrees to pay the following certificate pay amounts on a biweekly basis. Employees will receive no more than two (2) certificate pays per pay period. TREATMENT CERTIFICATE DISTRIBUTION CERTIFICATE COLLECTIONS CERTIFICATE CERTIFICATE PAY PER PAY PERIOD T-1 D-1 C-1 $6.00/PP T-2 D-2 C-2 $7.00/PP T-3 D-3 C-3 $8.00/PP T-4 D-4 C-4 $9.00/PP T-5 D-5 N/A $10.00/PP Unrepresented Employees Personnel Manual 18 2018-2023 2.Subject to certificate pay being limited to a total of two (2) certificates, each affected employee shall be eligible to receive, biweekly, the combined total of the certificate pay amount that relates to any of the above particular levels. For example, an employee having been issued a T-3 certificate shall receive an $8.00 biweekly certificate pay. An employee having been issued a T-3 and a D-4 shall receive a $17.00 biweekly certificate pay. An employee having a T-5, D-5 and a C-4, shall receive a $20.00 biweekly certificate pay. Where three or more certificates have been issued, the two (2) certificates having the highest combined total shall be utilized to determine the total certificate pay. As indicated above, certificate pay will only be paid for an issued certificate which is above the certification required of the employee holding a specific classification. Thus, a Plant Operator II having been issued a T-2 and a D-3 certificate shall receive no certificate pay. A Plant Operator II having been issued a T-2 certificate and a D-4 certificate shall receive a $9.00 biweekly certificate pay. 3. Individuals within the Sr. Mechanic classifications are eligible for the following certificate compensation upon being awarded specified certificates issued by the National Institute for Automotive Service Excellence (ASE). It has been agreed by the parties that the following available ASE certificates shall be deemed relevant to the employee’s principal duties. Those certificates as defined by the ASE are: Alternate Fuels Certification Test (F1) Advanced Engine Performance Specialist Certification Test (L1) Electronic Diesel Engine Diagnosis Specialist Certification Test (L2) Undercar Specialist Exhaust Systems Test (X1) Any A1-A9 test certificate listed in the Automobile & Light Truck Certification Tests (A Series) Any E1-E3 test certificate listed in the Truck Equipment Certification Tests (E Series) Any T1-T8 test certificate listed in the Medium-Heavy Truck Certification Tests (T Series) Where these classified employees have been issued an ASE certificate deemed by the General Manager to be relevant to the employee’s principal duties, the employee shall receive an $8.00 biweekly certificate pay for each certificate, not to exceed two (2) Unrepresented Employees Personnel Manual 19 2018-2023 certificates ($16.00 biweekly). The District agrees to pay the aforementioned certificate pay amounts on a biweekly basis. C. Payment by the District of any exam fees, certificate fees, renewal fees or similar fees shall only be made following provision to the District of evidence that the employee has successfully qualified for and been awarded the pertinent certificate(s). The biweekly certificate pay(s) shall be paid only while a certificate remains valid. Section 6.03 – Education Reimbursement The District shall provide pre-approved educational reimbursement for regular full time employees to assist with the cost of tuition, fees, books and parking for undergraduate and graduate level studies up to a Masters level coursework. As education reimbursement each fiscal year, employees may, based upon level of enrollment, receive up to the equivalent of one academic year’s full-time undergraduate or graduate tuition at California State University for an in-state student. To qualify for reimbursement, regular full time employees must successfully complete a pre-approved course with a passing grade (C or better). In the event of a “Credit/No Credit” course, “Credit” will be considered a passing grade. Proof of payment and successful completion of the course with a passing grade as indicated in the District’s Educational Reimbursement Policy must accompany the Educational Tuition Reimbursement form (Exhibit A of the District’s Educational Reimbursement Policy). The employee shall be responsible for any tax consequences as a result of education reimbursement. Once the degree is earned, the employee shall be required to complete three (3) years of District employment from the date the degree is awarded. If, for any reason, the employee separates from the District prior to the completion of three (3) years, he/she shall be required to reimburse the District 1/3 of the total received educational reimbursement for each year remaining. For example, an employee is awarded his/her degree on June 1, 2018. If he/she separates from the District on September 20, 2019, he/she shall reimburse the District 2/3 of the total received educational reimbursement. If he/she separates from the District on September 20, 2020, he/she shall reimburse the District 1/3 of the total received educational reimbursement. Section 6.04 – Commercial Driver’s License Pay An employee who has a valid California Class A Commercial Driver’s License in the performance of their job, shall be eligible for a $23.00 biweekly premium pay. Section 6.05 – Uniforms The District provides Sr. Maintenance Worker, Sr. Mechanic, and Sr. Plant Operator classifications a District-funded cleaning service for uniform pants and shirts Exhibit A Yorba Linda Water District – Unrepresented Employees Classifications and Salary Ranges Effective March 3, 2019 SALARY RANGES FLSA UN 25 Exempt UN 21 Non-Exempt UN 42 Exempt UN 30 Exempt UN 30 Exempt UN 34 Exempt UN 39 Exempt UN 32 Non-Exempt UN 39 Exempt UN 27 Exempt UN 23 Non-Exempt UN 39 Exempt UN 30 Exempt UN 37 Exempt UN 30 Exempt UN 39 Exempt UN 30 Exempt UN 32 Exempt UN 31 Exempt UN 30 Exempt UN 19 Non-Exempt UN 27 Exempt UN 23 Non-Exempt UN 30 Exempt UN 23 Non-Exempt UN 30 Exempt UN 26 Non-Exempt UN 33 Exempt UN 26 Non-Exempt UN 26 Non-Exempt UN 34 Exempt CLASSIFICATION TITLE Accountant Accounting Assistant II Assistant General Manager* Construction Project Manager Customer Service Billing Administrator Director of Public Affairs* Engineering Manager* Executive Assistant Finance Manager* Human Resources Analyst Human Resources Technician Human Resources/Risk and Safety Manager* Information Systems Administrator Information Technology Manager* Maintenance Superintendent Operations Manager* Operations Superintendent Principal Engineer Production Superintendent Records Management Administrator Records Management Specialist Safety and Training Analyst Safety and Training Technician Sr. Accountant Sr. Field Customer Service Representative/Meters Sr. Engineer Sr. Maintenance Worker Sr. Management Analyst Sr. Mechanic Sr. Plant Operator Sr. Project Manager * Management Classifications