HomeMy WebLinkAboutAgenda Packet - Legislative & Public Outreach Committee - 09/29/2011 (Policy Committee)9% a I A K Irf-mlIkk QM-
Date: September 29, 2011
Place: 3694 E. Highland Ave, Suite 3
Highland, CA 92346
UA MW
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. Public Comments
or
Q NFe' * ,- o 21IL
A.. Smoking Policy
6. Internet / Electronic Communications Policy
Review, Discuss and Prioritize District (Board) Policie%
Pursuant to Government Code, Section 54954.2(a), any request for a disability-related
niodification or accommodation, including auxillary aids or services., that is sought in order to
participate in the above-agendized public inceting should be directed to the District's
Adi-nini strati ve Manager at (909) 885~4900 at least 7.1. hours prior to said mecting.
lag
I'* MAN110li, N N XUNUT W OWN -UW
GENERAL
i. To take courageous action when necessary to keep the EVWD a progressive, well
managed, innovative District.
a. Board of Directors provides leadership and participates 'in regional, state and
national programs and fl-ieefing-,c-,.
3. Board of Directors looks to Constituents and other elected officials for
independent ad-vice.
4. Other community leaders are consulted in the decision- making process when
appropriate.
56 'I"here can be extensive citizen participation and work on. District programs.
6. There are numerous meetimys, other than regular Board of Directors meetings.
I-r 1
7, We stress training for staff sand Board of Directors.
8. Board of Directors NVI'll inform tbe Cleneral Manager's Administrative Manager
when they Nvill be out of town as early as possible.
9. Board of Directors get the same information as much as possible: citizen
0
complaints, letters, background, etc., in a timely manner,
i specieo.Board of Directors members will each determine specinc routine information
they want to receive stich as Committee or City Agendas.
it-t. Return unwanted reports and documents to staff for distributing to the public or
for recychng.
12.The Board. of Directors may ask Cameral Manager or designee for information,
providing such information requests can be reasonably accommodated without
s * *f I Iigniicantinterrupfion *n staff work load. The General Manager shall not be
required to copy all Board Members Nvith information obtained by other Board
Members.
E VWV - Board of Directors Norms and Procedures
4
13. All proJect assignments requested by Board Members shall be directed through
the General Manager, the General Manager may place project items on the
aagendaiftheprojectrequires Board policy direction or approval to be41W
implemented.
14-1tems of signifleant expenditure of tirne/energy or financial impact must go to
Board of Directors/General Manager to be agendized.
Is. The General Manager receives formal Arork direction from the Board of Directors
at public meetings or in closed session. individual Board Members may notdelegateformalworkdirectiontotheGeneralManagerWithoutapprovalby the
rest of the Board of Directors,
16."I"he General Manager or Board President can request an item be placed on the
agenda.
17. Read Committee Minutes in order to find out what is being worked on.
i&General Manager Will diSCUSS significant future Agenda topics 116th Board
Members.
1,9. General Manager will meet regularly With Board President on Agenda
preparation.
4>o, Board of Directors (minority side on vote) can not bring item back for one year--
mj ority can bring 'it back at *H. e Wq
21. Board Members WIRI do tbeir homework (i.e., Read packets, complete committee
work, etc.).
22,aGcneral M-anager to give routine updates to Board of Directors.
BOARD OF DIRECrORS, yAL4UL, S
23.Tbe Board of Directors and General Manager are a participatory team,
1024, Board of Directors values high energy, open mindedness, and is achievement-
oriented,
2,5. Board of D * irectors will care and have respect for each other.
426.Board of Directors vvill be straigbtfoi-ward, witb no bidden agendas.
27-Di* qtr ict Board of directorsirectors values humor.
28,Traditions are respected.
29-No inernber of the Board of Directors shall use his or her position of public
se.rVice With the District as a means, to benefit h or her personal or privateinterests.
1W 9 ir
0 10,
10
2 of 8
FVW0 — Board of Directors Norms and Procedures
I *
30.1nuividuals are responsible Lo initiate resolution of problems A.S.A-P. and not let
them fester.
OF
31. Board of Directors Arvill not direct personal attacks at each other during public
meetings, in the press, or any other place/time.
32. Relations hips are informal, but not casual in public. BusiTless attire at Board
meetings is appropriate.
33, Board of Directors Will be coope rat i?'e. in covering for each other.
0.
34.Substanti'Ve Board of Directors/ General Manager items are to receive advance
notice and public notification.
35,,Committee areas belong to the, wbole Board- 7 th ey <are not seen as terriftorl-al.
0
36. Committees are responsible to keep the rest of the Board Members 'informed;
and other members are responsible for letting the Committee know if they want
more information or to give input.
37. Before Elected officials start molVing in a new direction, they will get direction
from the rest of the Board Members.
38,The Board President forms Committees or disbands and is responsible for
selection.
39. Committee reports'WIM be, made tinder Board Reports, ixhen appropriate.
40. Committee summarles lAill be sent on an interim basis to update other Board
members on:
o Issues being discussed
0 opfiotls behig consideredZ)k
o Progress
4j- .Boar (I of Directors and Committees will give clear and foctised communication
promptly.
42. If Committee and Staff disagree it is the practice to bring the issue to full Board
of Directors.
BOARI) INTERACTION AND COMMUNICATION W11TH STAFF
General Man
43. Board of Directors NAll provide annual goals to provide direction to the General
Manager at the time of the annual evaluation.
44. Board Members should al wavy feel free to go to the General Manager and Nice
versa.
M
EVWD — Board of Directors Norms crAd ProcedtsreS
45,.Wben a Board, Member is unhappy about a department or issues, he/she should
alwUs -talk it over with the General Manager not the Department Head or other
Board members.
46*Concerns about a Department Head inust be taken to the General Manager or
Board Attorney only,
47-Critical information V1611 be passed to all Board Members by appropriate
personnel.
011*148-The Gerteral Manager %,m proxide ongoing feedback, information, and
Perceptions to the Board of Directors, inicluding some response to written
coin m tj nications requesting feedback.
49,1` e General Manager deals Nidth issues that cross department boundaries,
50. Board of Directors wdl provide the General Manager NNitb a wn'tten evaluation
annually and provide some General Manager goals.,
Staff in General
51. Board of Directors -will al wavy be informed by staff N 7,hen an unusual event occurs
that the public would be concerned about, i.e., Health Dep mitten t notice, bigWaterbreak-s, etc. in a timely manner (if press or media is involved).
52,Extrei,ne emergencies (re., fatalities) are i'mmediateby, communicated to Board
Members by General Manager or staff.
53.The Board of Directors and staff "I'll not blind side each other in public.
Consideration for eaeb other is our practice.
54- If a Board Member has a question on an agenda item, that memberv\ill make
every effort to contact the General Manager or designee prior to the meeting.
Board AttoErney
5,5. Board Attorney shall partner Wltb Board of Directors, General Manager and Staff
when and where appropriate.
5 6. Board Attorney goes through the General Manager on routine areas.
57. oar d Attornev to regularly consult ith Board Members on 'Items of concern on
the upcoming agenda at the earliest time, possible.
58.Board Attorney can consult directly W1itli General Manager as needed.
5 a d Attorney NA' '11 track Committee* s actions, and relevant agendas of Board of
Directors for needed input.
60. Board Attorney must oversee specialist attorneys; they are paid through theGeneralManager.
IEWO,
EVWD - Board of Directors Norms and Procedures
61. Board Attorney to pro-actively inform and protect the Board of Directors from
potential violations and conflicts.
CHAIR SELECTION
62.The Board President's succession is governed by the Board practices.
63. The Board President is selected by the Board of Directors. The Board President
remains as one member of the Board and has no rights or authority different
from any member of the Board.
64, 1 n the event of an early vacancy in the position of Board President, the Vice
President shall become Board President for the remaining portion of the outgoing
Board President's term as Board President.
CHAIRS ROLE
65.Each Board President is unique; the role is defined by the person, based on that
person's style.
66.The Board President acts as the ceremonial head or representative of the District
at various civic affairs.
67.The Board President is the spokesperson for the Board of Directors when
appropriate media or external organization requests are made.
68.The Board President acts as signatory to all documents requiring Board's
execution.
69.The Board President makes appointments to Ad Hoc and special advisory
Committees.
70.The Board President makes declarations, extends official recognition of groups or
events.
71. The Board President will inform the Board of any informal correspondence sent
out to anyone in relation to District business.
72.The Board President regularly communicates with the General Manager.
CITIZEN COMPLAINTS
73.Board of Directors will be informed of significant, urgent and repetitive
complaints.
74.Staff will draft responses (letters).
75. Board of Directors shall not attempt to fix Citizens' problems on their own; it will
be referred to the General Manager.
76.Responses to Citizens are customized.
5 of 8
EVWD — 80frtd Of Directors Norms and Procedures
77. Copies of responses to be included 'in individual packets or in Board Member's
mail box,
78 -If a Board Member Nvants action based on citizen complaint, they should go
through the General Manager's office,
79.1"he level of detail *In written responses wilt be selective.
80.Generally, communications are acknowledged xNith discretion.
PUBLIC MEETI
81.General Manager sets the Agenda for regular Board of Directors meetings.
8.2. Public comment sh.all be received on all action items.
83.Board of Directors members Will treat ever one "Yl*tb courtesy.
84. Corrections to minutes are passed to the Board Secretary as soon as possible.
85-Eaeb member may share bis/ber views about the issue and the reasons for
h "Is/ her vote.
Consent Cale
86.Tliere is judicious use° of the Consent Calendar, such as ininutes, routine District
bus*111ess, some appeals, things already approved in the budget.
87.1f a Board Member has a question on a Consent Calendar item for their
information only, they are to ask staff ahead of time', rather than having it pulled
off for discussion during the meeting.
88. Staff is prepared to report on ever-N;, agenda item.
IrPubliclnpmt"-vidual--Ajwnda Rems
89.Once public input is closed, further public input will not be allolved Unless re-
opened by Board President.
go-Citizen's, Board President's and inxfted guests' comments will be limited to a
reasonable time.
9-t. Board President will allow other Board Members to spear first and the give
his/her Niews and summarizes.
0PublicCommentSection of the Agenda
92. Public comments shall be limited tO 3 minutes per speaker.
93. Eaeb spe,-aker be thanked.
EVWD — Board of Directors Norms and Procedures
VO
Goner ally, Board Members Will not respond to Public Comments except for the
Board President referring matters to the General Manager for follow up.
V
Occasionally, a quielc_ informational response is appropriate when an obvious
answer isavq1R.Ale. The Board of Directors uill not debate or make decisions in
0
response 'Lo public comments as they are not agenda matters under
consideration.
95. E x7cryone may speak before a motion.
I's96.Attempts win be made to get consensus on significant policy issues.
97.There,xvill be roll call votes on request when a diNqUed Board is oblvl'ous.
o8. Department heads will generally attend when asked by the General Manager.
99. Board of Directors member discussions Nvill not be redundant if they conear with
what bas already been said.
Closed Session
loo.Closod Session materi*als and conversations are co nfi denti al.; Board Members
i-nav retain Closed Session paper documents for is; analys documents must beanalysis;
destroyed when no longer needed/iised. Board Members IATIRI get k,%Titten reports
for Closed Session horns as much as possible; these reports are to be turned inat
the end of the meeting.
wi. General Manager may ask for Closed Sessions to be held at the convenience of
the Board.
102.No to am of Closed Session confidentiality; Board Members will not talk to
affected / opposing parties or anyone else (press, etc.) per the Brown Act at
specific Closed -Session meetings*
t03.Confidentiality relates to any non-public discussion items.
W *
1
spe6tal Meet,x*ns
104-Special meetings may be called by Board President pursuant to the Brown Act.
llii
wi Ir
4L
is.c I 'thlo,i. Problem solNing ,ues vsdth Committees will be done as much as posy W1
Chairs.
jo6.All Committees of Board of Directors sboul(i no Board's needs:
To know Board's vision/mission.
Encouraged to participate 'in Board-sponsored events.
U-nderstand,ing of their roles /author ty /"no's. "
7 of 8
EVWD - Boord of Directors Norms and Procedures
eTo know annual priorities/goals.
Process/ parameters within which to work, i.e., citizen involvement.
Board of Directors reserves the right to make its ov%rn decisions.
107. Board President and Vice President are encouraged to receive annual support
training.
io8-A11 Board Members will receive annual training.
These Board Norms will be reviewed on an annual basis.
Approved: JUIV 277 2010
ApprovedJUly 27th, 2010
8 ol'8
District1r'aterEastVae
SUBJ ECT: UNIAWFUL FjkRASSMENT POLICY
pURpoSF,a. To provide a work environment free from unwelcome
harassment, including sexual overtures, advances
and coe-rc
t the poliry of the East valley water D'istrict t_00
POLICY T a
i ronment free of discriminat3LOn't
Provide a neutral wortAk enV *
3
including harassment based on race, color, relig Lont sex, age,
national Oria * handicaPe
ve4-eran statust marital statusf
political cpanion or political affiliations District enployees
q
are expected to adhere to a standard of conduct that is both
respec-tful and courteOuss The D'str*ct will not tolerate any
form of unlawful harassment. To this end, the District hereby
establishes a policY cn harassment effective Novenber 21 1987.
following are exanples of conduct which may constitute
The,
sexual Karassment O
impl Cit or e xplj c't sexual b ehavior by a supervasor Which
w 3. 3.
rwA
se af fact the
is intended to control, influence or othe I
NINF
ob salary or career of an employelEn.
01 (
inclt'--ding ent P
ment retention or accrual of benef its)
direct or 'ndirect pressure fo." dates and/or sexual
activitY*
pinching, patting, toiachinge
leer ing/gawking in a inanner Chat causes d'S00nLf0rt-
I
verbal COMMent-So
tip " n of
r.. I
g sexually graphic nater*alc
ved bv an employee
sexual or obscene lokes
telling 01-
cffensivev
IDa s.*L G
an emploYee on the
na-tion for or aga
nsj
C bijit re-2-atra-d -L-0
of corlduc-- nct re'
sex or sexua.10. Orient
UnlawfUl Harassnent Policy con't
I
FFRECTS- OF UNTAWFUL HARASSMENT
Harassment undermines the integrity of the
emp 1 oyer/ employee relat Sexual harassment- can result in
economic loss to the agency, excessive absentee 'ism and turnover,
t
loss of morale, and polarization of- stafwf all resulting 2-n a
decrease in productivity, In addition, sexual harassment can
have econonic, physical, or phycholog-,-1.cal impacts on 'its Victins.
lonsAnem-ployee who perceives comments, gestures or act'
of another exployee or supervisor, to be sexually harassing should
I A
comnunicate to that person that such behay.1 . .... 0 is unwelcone.
However, failure to express unwel comae ss does not preven't -''he
if.... .. ...... ........
A ---.$
Oyee, I rOM- -L.L.L.L a *UUILIP.L r 1
exonerate the allege,.4 harass ero
Any employee, it hiding a supervisor, who believes he or she
has been sexually or otherwise unlawfully harassed should
i=adiately report the incident to his or her supervisor,. If the
IF
alleged harasser is the employee's supervisor or if the employee..
does not feel tha-11I.: the s# I ltuation was adequately resolved, he or
she should report the to a neutral party designated
by the District,
Any employee who witnesses behavior which can he
characters zed. as ha-rassment has a responsib ility to report
such behavior to an appropriate supervisor, If the harasser 'is
an employee's immediate supervisar, the witness should support the
haras sed employee in reporting the
11:
ricident to another supervi'SC27
enid by the D'strict. or neutral pa.-I.:ty
If the harasser is an employee of another agency, the
harassed enployee and any en*aloyee witnessing the incident have
r l sor
01" the responsibility to report them., incident to the sui:ery
neutral party designated by the District,
DISTRICT REPONSIBILITY
The Di'stric-t.: w4ji Investigate all clai of unlaw-.`u.
narassmend. and take appropriate corrective action wh.-Lch nay
include but i's not limited to, renrin.and, danot ion, rPduc'*`1'Cn in
scalacy o.,,r- dismissal as prcvi..ded r-'C'r in the D-1*s41-...r16ct`S *."-,erscn.n l
Rules 4
NEU1RA111i PARTIES
I I PTh-en Distric"I.: wi .1-1 dasignat.-e,;
o n --
ff7 i d n
no Wis'Laff n=n-,b=r- V!"
ta-fff bound htr the
Tjnlawfui
Harassment POI cY cOn't
L01; COMpTa1N9_,_PRO-CESS
D-jSC 1:1ALTMMILN17
you f eel you have been the obj ect of unlawfUl harassmant
you should:
or a neutral party at once*
110 -Contact YOur SuPal-e vjsor
ate a confidential
2 The appropriate aut.1aority W
t incident
invest'gation of he alleged
Ct'ons taken as a result o-P this allegation of
n y a .1
A
ccnformance ath D r -01 C t I SW1
harassment W1 11 be
pe-r-sonnel RuIeSq
411i President
f
hPh
Board of DirectOrs
3
F FMC WNW"
P t =
e•,,
s, I
vill,
Op, g
q rf m 1 4, AEvk
S''
F7
rY-1
l E
NRI1011A
tl az' 7= Iz:
r.
Ln
7j—
A
I-
OM U-1
co
L)
p
Z 7
0
rf)
ft w I&- -Z -*.L
4
Q
4-4 0 i:"
4.)
Cc;
vi
tA U 0
w
A
VA
1-4 tn
4-1
0
4A ,'
Z _
U
P. ell I. "
L-4
Z3
L-4 zt V — * 4,
14
tn
0
Ir
m
w *-
14
S te
E
Oj
f-, Un
t4
4j
r -
71
rx
E A;
cel
09
1.4 r-4
wl C) F14 IX e
u en cz I:-.
KU
lu
v
141 v ell-
7
F FMC WNW"
P t =
e•,,
s, I
vill,
Op, g
q rf m 1 4, AEvk
S''
F7
rY-1
l E
NRI 1011A
tl az' 7= Iz:
r.
Ln 41-6 ir)
A
I- co
p
rf)
ft w I&- -Z -*.L
Q
Cc;
VA
4-1
e73
0--,
4A ,'
Z _
U
L-4 L-4 zt V — * 4,
4-0
4-4
m
S te
E
Oj t.4
t4 r -
71 E A;
09
w
lu
141 v ell-
7
4r r"I
7
11 - y..„„„„.
7
114
r;l
U
7i u
Uhl
17
VII
ell
All
pw_
e- 4—
aw 7
lid
77) 7'
A
tA 7
4 4-
41W
r
cr, CL
0 0
CU
4l
t-
jj
L-,
ell >Ul I-)
4-W 73
V1
ki t
17
1,f7
4
Z r-
47»
IV-1 rlqhl
Al-
44
C,r
0
ell r-
Lu
CIL
f7
4-1
tar,
4
4-4 04
43
Ln
qj
0
u
72 aj*
c
1?
V- X-1
4-0
L n.
oj
C2 r,
WiAiw
40—
1. NOW" ...... Q
J1.
Ll
74
10
17i
4•
7
74
45
02
fY
J4
East Valley
Water District
Re-issued
may 11, 1998
MEMORANDUM
To,- All Employees
rom.- Robert Martin
tubject- Smoking Policy
By way of compliance with the No Spooking provision of Assembly
Bill #13, snioking is prohibited within the following District areas-
1 . Front Of Building
2. Break-room, Outside Restroom & Survival Equipment Room
3, Administration Office
4, Engineering Office
5. Field Office
6, Meter shop
7. Garage
8, Warehouse Building
9 Cargo/Storage Container
10. Pump Houses
11. Chlorine Sheds
12. Water Treatment Plant
RENI'.Mew
SMOKING POLICY)
6
East Varey Water District
Memorandum
June 19,2997
TO: EVVVD Employees
FROK Robert Martin
SUBJECT.- Casual Dress Day
REISSUED., 2/191 1
Beginning on June 27, 1997, the District will implement a modified dress
policy which will allow for more casual attire on Fridays of each week. The
purpose of this policy is to allow for a more relaxed working environment in the
District's Commercial, Engineering and Administrative offices on Fridays. This
policy does not apply to field employees who are issued uniforms by the District.
The intent of this policy is to allow each employee to wear clothing of a
more casual nature than their normal business attire. I any asking that each
employee use their best discretion in* determining what is appropriate for this
casual dress day. The only specific restrictions that will apply are as follows:
1. No blue colored jeans will be allowed. Jeans other than "blue colore'd"
will be allowed for casual dress day.
2. No T-shirts or tank tops will be allowed.
3. No flat soled -thong type sandals will be allowed,
4. If the employee anticipates, or has scheduled, a project which will
require "work clothes" that may get dirty or grubby, blue colored jeans
andlor T-shfr-ts will be allowed.
For the purpose of providing some direction in this matter, I would suggest
that polo type shirts would be entirely appropriate for both women and men on
casual Friday. Your help and consideration in making this a successful endeavor
here at the District is appreciated.
REM:elb
East Va,rey Water Distric#
To;: Authorized Internet Users
CC: Personnel file
From: Robert Martin
Date: 03/15/02 x
Re: Information Systems,, Internet, E-Mail and Electronic
Comm unications, Ethics, Usage and Security Policy
Z Z, W
ature and date on the "CONSENT" (page #13) of the attached
y , M Policy" is required in order for you to have "nternet accesss
v i -th' '7DIstrI&L's computer network. Please acknowledge your consent by
sianature and return to Mary Wallace for processing. q e.1;and
REMmew
EAST VALLEY WATER DISTRICT
Information Systems, Internet, E-Mail and
Electronic Communications, Fthics, Usage and Security Policy
TABLE OF CONTENTS
Summary of the Tu(oonuation Systems Secun-tv Policy ........ —_------............
Security Policy for all Computers, Computer EquipMeDt umdReloted Computer MoLeTio]s —..~..2
PolicyObi ectivcs ............ ......... ........................................................................... -')
ScreenSavers ............................................ ''-^^........ — ....................... --........... --...... —.... _.4
Resource Authorization ~.,^,_________... ... ____ ... ........
ComputerAudit Trai—.-_—~....... ._________..................... .._ ........ _ ............ _ .......... 5
aware aodCobkes Ownersnip ................. __.___.------------ __ ------------------------------- 6
Ennp)oyee orReussi ...--_____________._____.
3FburetoAbide-----------------''------------------------
LjubD1Iy_---_-----------------------------------------.lS
om t----------.......... --- ....... ----........ _ .............................. ...... -----I
The District has established this ethics, usage, and security policy to ensure that all District
employees use the computer resources whirl i the District has provided its employces, SUCII as
software, hardware Intemet and e-mail in an ethical, lecral and appropfiate maniier. This policy72,
establishes what is acceptable 4u-id unacceptable use of t softwaTte, hardware, Inten'iet, c- pia and
of per electronic conaimunications, and the possible consequences of misuse.
All employees must read and adhere to those guidelines and poll es. Failure to follow this policy
may lead to disciphne -up to and including 't-nmediate suspension and ten-nimation.
RIJN
L All access to computers must be authorized.
Users should only be allowed to access data that relates to their jobs, tasks, projects or
assigm-nents.
9 Any chancres in employee status insist be in-u-nediately reported to the Info nnation Systems
Manager.
4. Except in circumstances specifically authorized by the lnfon)-iatjon Systems Manager, there
shall be only one user per user I.D. and password. Passwords are considered confidential and
are not to be shared.
5 . Only soffivare approved and purchased by the District is allowed on the District's computers.
6. Information Systems oversees the computer system and is responsible for the integrity and
gn
backup of data on the network servers. However, each user retains responsibility for th%W
validity of their data.
7. Infon-nation Svsteins is responsible for security administration on the network. However,
each personal computer user is responsible for security administration on the individual P.C.
system used.
S. Mfon-nation Systems is responsible for technical support,
9. Only In-fors. -D-ation Systems personnel and their designees are audiorized to relocate or remove
hardware, software/hardware upgrades to servers, microcomputers, workstations or
miscellaneous hardware peripherals; install or remove software, perform maintenance
repairs- and request assistance for qualified vendors for specialized services, Which, will be
I
coordinated by the Infom-ratio n Systems Department.
10. Intemal recordincr of access will be Monitor and any attempted variance from the
authon'zed use of systern resources will be reported.
W
SECURITY POLICY FOR ALL COMPUTERS, COMPUTER
QU Ip M EN T AN L ATE D CO M PU T E R ITEM S
1- it B tt-le imeiit of the District to protect all it's resources. These resources include computer hardware,
Software, data and all, oci—IT-Liler related itenis. This , h I e %i 0octtmcTitwillsetfort -h po 1c., f
utilization of s-yst%,=...ms by persons wit hinaintaininglouicalsectlyi-,y, protecting the software and
le<,--ritimate access right-s.
POLICY OBJECTIVES
Maintaii-i the inte 'ty of the data w-id programs on al] computer systems and micro computers
in the District.
f)
modification orProtectproductiollsystenisanddataagainstunauthorizeddisclosurel
destruction.
i dent'fy each user of the computerUn'quel I resources to uuarantee accountability.
4. Stop access and use of computer resources to any individual user who camiot be positi vet v
identified and authenticated by the system.
5. 11inlit a user's data access pri'vile2es to:
U-?
a) Data desicynated by the District Manage rn.ent as necessai-v to accomplish assianed
work,
b) Data previously approved b-v the District Management responsible for the validity of
that data.
6. Audit actions affecting authorizations to computer resources.
DEFINITIONS CAF RESOURCE RESPONSIBILITY AND AUTHORITY
The District retains the exclusive right of ownership and use of all its computer assets. Protection
of data is the responsibility of the Wormation Systems Manager, and the end user.
Information Systcrns will be responsi"ble for the intemty of data w1ifle said data is ander Iial'orniation
Systenis control. ffiformation Systems cannot be responsible for the accuracy of said data.
Duting the period of time that any data is under Infon-nation Systems" control, Infon-nation Sys(ems
shall have- soli responsibility for the integrity and inaintenaiicc of sc curity as requested b- ; the
Distr]CL
hifoi-ii-iation Systerns shall take required measures to maintain se cuts ty and integnity oftfie P istrict`s
data, based on the nature of the data, as instructed by the District"s majineinent.
ASSIGNMENT OF RESOURCE RESPONSIBILITY
To determine and establish the level of protection required for each resource, responsible authority
under Inf-ormation Systems must be assigned. The assignment is based on the type of resource to
be protected and the requirement/authorizations set forth by the District-s i-nanagement.
Security Admim'stration
Infot mat ion Systems is rcsponsible for the overall administration of coordinating acid
establishing resource protection. This protection is base d on established and approved
security procedures that include the development and establishment of log ca security
procedures, and coordination of user requirements,
1) Techlu'cal Sgyort
The Information Systems ManacFer supports all computer hardware throughout the Di stn* ct. Z:
This -responsibility includes the maintenance of hardware, software, and operating
elivironnients, promoting the effiolent user of computer resources, and protection of the
Distriet"s programs and data. Local .rca Network (LAN) admiuistration will also be
mamaged by the infonnation System Division.
I In Production Audit
The h-iforniation Systems Manager is responsible for the monitoring and evaluation of all
activities performed by users on the network to ensure that all activities are perfonned
Pursuant to the established and authorized procedures.
Identification is established through the user of a user I.D. Verification is established tbrough the
use of a passNvord. The combination of a user I.D.Rassword shall be unique zing. ensures personal
accol- .tab iliry for activities performed. Users should never reveal their I.D. and password to mother
person.
If a user chooses to apply a screen saver to the systcm, the screen saver should not be passwoi -d
protected.
4-
RESOURCE AUTHORIZATION CtIECIiTNG
Having identified and verified user authenticity, Information Systems then controls interaction
between the uscr and the system resources. Control extends not only to which resources are
accessed, but also how they are accessed. (For example, read only vs. edit fights). Infon-nation
ystems is also responsible for enstifing that data is accessible only to those iuidividUals who have
been granted access by the District"s management,
W
Ila01LI
Once the 1dent1tv of the user has been authenticated, Infomiation Systems limits the user to
authorized resources. The system may record all activity, which occurs for a given user T.D.
Info -cation Systems may also log and report any user activities andlor system events, which do not
conforin to the authorized user of systerii resources.
M. . ... . . M. . ... . T MT MT . ... . . M. . ... . . .. .. .....
The network servers may record all temiinal transactions for each end user. This form of audit is
extretuely valuable for recovery if the systenj goes down, if die riser experiences problems, or If
security violations are noted,
SOFTWARE, LICENSING GUIDELINES
The District has established certain guidelines for the purchasing of on -iii ter soft-ware. Only
software purchased or authorized by the District's managen-leat is allowed on Disti-Ict computers,
including microcomputers. Software and hardware, may not be purchased by petty voucher
W
request Qr credit card without prior approval of the District's management. 'Fhls policy applies to
public domain and shareware software, as well as commercially available pro u-, ams. It is the
District's policy to pay for any shareware software used on District computer systems.
Downloading unauthorized, unlicensed or inappropriate software from the In ter -et is prohibited,
Absolutely no cranies or software not owned by the District are to be installed oil District Computers, 0
whelficr or not these games or software will be used on brcaks. kinch hours or:rtflei- ho firs.
No testing of software from other sources will occur at any time withOLIt Infi-)rmation Systems
involvcment. Information Systems will assist the user I 'n testi n g and evauadI ng all soft war c, Th is
i,Es nccess;cwy to ensure that coniputer viruses are not introduced into District owned computer systems
arc to i-Inaintain software confinult'y.
5 -
If f nfomiation Systems encounters any software that was not purchased and installed by the District,
the user will be requested to provide documentation autbofizing the use of the sow are in question.
If the user is tmable to provide written authorization, Inforination Systems will discuss the matter
with the District"s nianagement for direction on the appropn*ate action to talw to rectify the sit uatioll.
1 A
All computers, comp Liter equipment, soffivare, hard-vv= and related peTipherals (i..C., MOLISC, p 6 Ater,
scamier, etc.) are the property of the District and are administered and suppoTted by the Information
Systems Division.
When hardware or software has been installed, no employee 1,9 allowed to move, transfer or copy it.
Mien there is a need for hardware to be moved to a more convenient location, the action shoo be
requested through Information Systerns. Only Infom-lation Systems person el are authoriled to
perfon-ii these tasks.
When new software has been acquired, a request to install the software must be submittcd to
Information Systerns.
Written approval must be obtained from the District"s management before any hardware or software
may leave the District"s offices,, Upon approval, the employee is solely responsible for that hardware
or software, including providing insurance to cover loss or theft,
Diskettes brought to the work place from an outside, source must be scanned for viruses by
Information Systems before it rray be loaded on any District system.
12
The maintenance and repair of airy computers or related peripheral shall be pe-rfoTTned by the
Information Systems Department,., or a contracted service provider. No one else will be altowcd tic)
attcmpt any maintenance or repair functions. When an incident occurs, a se-rvice request should
inimediately be submitted to Information Systems indicating the circumstances surrounding the
failure and any other pertiuent infomiation. If computer failure interferes with production, act ioll
wil I be taken on an emergency basis.
The Infori-nation Systenis Manager has ffiC authority to take whirikever steps are deemed uece,'-:,sary
to romedy user's problems.
6-
EMPLOYEE RESIGNATION, TERMINATION OR REASSIGNMENT
As part of the employee's separation process, the District's manacrement shall notify the h-ifomiation
Systems Manager so the appropriate action may be taken to rernove the employee's access to the
Distn'ct's computer systems. Th-Is notification should take place prior to the employee's last day of
NN,, c rk .
If an employee is involuntaiily terminated by the DistriCL, this notification should occur
r* -it-nediatezimultaneousIvastheemployeeisadvisedofthetenninationtoaccommodatethein
deletion of the employee's login and password, for both the District's and employee's protection. 4:0
For employees who are assuming new job responsibilities, the District" s management will request
Information Systems to make the necessary modifications to the user's access n*ghts,
COMPUTER GUIDELINES
It is the responsibility of each employee to follow the guidelines of the Computer Proccdures for all
Djstrict computer systems - haxdware and software.
Access to the District"s COMP ter systems will be prohibited until. -an employee has been authorized
by the District's management, who wi 11 request a login (user LD and Password be assi Di ed on ti e
appropriate systems.
Gruideli nes .
Either the District's inanagement or the Infon-nation Systems Mara er will indicate the
access rights of a user.
2. Users are not to share logrin hifom-iat ion with other employees. Thes-e are assigned to specific,
individuals and must only be used by the one user for whom A was assigned.
3. When a user encounters a variance in the nornial processes Of LltiliZillg applications
Infori,iiation Systems must be notified 1=ediatol-v. The user should stop processing at the1? C
first indication of a problem, leaving the information on the screen intact for review bly the
appropi-iaLe Infoni-iation Systems staff. TWS will ensure data accuracy and prevent wiy major
discrepaiicv within the systcrnr
4, All tise will perfom-i functions allocated to them by the men U SYSteMS, mid not deviate I'T0111
this app-roach, If a user is forced jout from, the menu systkeni, hi format ion VStCMS S.1-10ffld bC
iiot ied, as in i#3 above.
5. File creations, chanaes or deletions moist be made in Conjunction Witti duties assigned to ttle,
user's job classification.
6 Those users who have addition, modification or deletion privileges through applications will
be authorized to update files for accuracy. Deletions, modifications or additions, to
personally benefit oneself or others, corrupt or misrepresent data within an application is
strictly prohibited and is grounds for disciplinary action up to, and including7r, termination and
possible legal action.
For el software and access to bulletin boards or the Intemet are not allowed on District
equipment without prior written ::ipproval of the District's management.
There shall be no downloading of files, which are unauthorized, illegal or inappropriate.
Files, whit li will be downloaded, must first be scanned for viruses.
9. Nom-lal proccssincr Includcs the proper logging out of all systems and the shuttillo down of
microcomputers at the completion of the user tasks. If the user is to be away froixi the
lo,aaing out of the system is required to prevent unauthorized use of the userworkstation, Z,,,,,
I.D. This is the responsibility of the assigned lo,-c-pinuser.
10. All modem access either direct or through the modem pool, requires written approval.
11 r Distn'ct personnel shall not use outside equipment for access to District applications without
prior written approval, Outside access is to be performed only through the use of a District
4
owned modem line established and set-up with the required call-back" procedure.
Any employee who notices any unauthorized use of computer equipment or soffivare should
notify Information Systems immediately.
13. Caution should be exercised when eating or drinking in the vicinity of personal computers.
Items of this nature droppQd on a keyboard can cause malfunctions, wfiich are not covered
by service contracts and waiTanties.
14. Floppy disks should always be handled with care.:
a) Always store (11sks in a protective jacket.
b) Do not touch the magnetic media inside tJie sleeve.
Protect the disk- from being bent or otherwise n-ilsbandled: do not force dlsl s 111to
disl%,.- drives.
d) Avoid contact with magnetic fields such as telephone handsets and Computer
monitors.
e) Do not write on disk,, either directly or through the jacketlsleeve.
f} Do not leave disk in hot areas; do not expose to heat or SLinlialit for extended periods
of time.
g) Do not leave disks in any vehicles or other areas where unauthorized persons can pick
them tip.
15. Compact Disks should always be handled with care:
a) Always store in protective case.
b) Avoid contact with the data-entrenched surface, hold by the edges oniv.
c) Do not leave disks in hot areas; do not expose to heat or sw-flight for extended periods
of time.
d) Report CD-ROM malfunctions to Information Systems right away.
e) Do not leave disks in any vehicle or other area where they can be picked up by
unauthorized persons.
16. Always perform recommended shutdown procedUres before powering off. Not doinc, so mayZ Z"n
damage the disk or the drive read/write heads of the fixed disk devices, or may result III
damage or destruction to data files.
17. The mistreatment of computer equipment is not covered by non-nal maintenance agreements.
OFF SITE USE OF DISTRICT OWNED COMPUTER EQUIPMENT
When an employee needs to use District-owned equipment or software at home., prior written
approval MLIst be obtained from the District's management.
The employee will be required to sign a log on the day the equipment is taken and again when it isZ
returned. The log is necessary so that Infon-nation Systems can maintain continUOUS control of all
District computer assets.
0LaptopandNotebookcomputersmaybetakenoffthepremisesforperiods less than one vveekxvitli
the approval of the District's management.
W2
ON DISTRICT PREMISES
Coniputer equipment and periplierals not owned by the District will not be attached to Distfict
computer or cominunications s.stem s. District owned or licensed software will not be installed on
computer systen-is not owned by the Disuict, unless specifically pern-iitted bv the soffivc-tre lic ens ina
agreement.
INTERNET, E-MAIL AND ELECTRONIC
COMMUNICATIONS GUIDELINES
Employees shall not use thc Internet or e-mail in an inappropriate mamino. Inappropriate use
of the Internet and e-mail includes, but is not limited to:
a) Accessln-c-r Inteniot sites that contain pemograpliv, exploit children, or F>ites that
would generally be regarded in the co-nu-nun ity as offensive, or for which there is 110
official business purpose to access.
b) ParticipatHiv in any pr e, defamatory, harassing, illegal, discriminatory, or
I Z= Z7
offensive activity, or any activity that is inconsistent in any way with Dist n'ct poticies
C. policy o sexual harassment).
C) Exploiting security wealuiesses of the District"s computing resources and /ol- Odlef-
networks or computers outside the District.
Personal LISC of the District"s computer system and access to the Internet and e-mail is not
a benefit of employment with the District. Intemet access is to be used for District business
pUrposes. Employees may access the Intemet and e-mail for other than District business in
accordance with this policy if the employee is on an authon* zed break. Use of the Internet
shOLI]d 1-10t linterfere with the timely aiid efficient perform iance of job duties.
3 Einployces do not have any r] get to privacy in any Distfict computer resources, including e-
m A ial -nessages produced, sent, or receive. by District computers or transmitted via the
District's servers and network. Employee access to the Internet aa-id e -mail is controlled by
use of a password. The existence of a password does not mean that employees should have
any expectation of privacy. The District may mow*tor the contents of all e-mail messages to
pr mote the administration of the District, its business, and policies. Employee access to and
use of the Intemet, e-mail, and other electronic conmiuti scat ions will be monitored
frequently.
4. Use of another employee's natmellaccount to access the District's network or the Intemet is
strictly prohibited without express permission of In format ior. Systerns.
Personal use of the District"s computer resources for personal conunercial activity is Strictly
prohibited.
6. The District will .rot be responsible for maintainina or payrnient of personal I .tenletaccounts
or related software. To riaintain tlac inteTrity and firewall protecti-on of the District's system.,
personal Internet accounts niav not use the Dist i-ict's network srstelli., teloplione system,
1110dern pool, or communication scrvN,,,.zr to access the Internet.
T The Inter et and e-mail provide ea is by which employees of the District may conuimnicate
with its customers, consultants and other official persons, and retrieve valuable information,
Messacres i e e p artanddownloadedinformationthroughtheDistrict's system. n ay b consider d
of the District's business records and should be treated as such.
Deleting an e-mail message dots not necessarily rneaaa the message cannot be retrieved from
the District's computer system. For a specific pen'od of time, the District retains backup
copies of all documents, including e -mail messacyes produced, sent, and received on the
District's computer system.
9. The vast majority of District records are public documents. Do not trwismit infomiatioll ill
an lmaielectron* c messagI ,e that should not be writtcn in a letter, memorandum, or document
available to the public. E-mail and any attach-ments are subject to the same ethical and lecralL
concems inid standards of good conduct as memos, letters, and other paper-based documents.
E-mail can be forwarded to others, printed on paper, and is subject to possible discoNrcry
durincy lawsuits in which the Distri ct maybe involved. Z7
1 OF Use of electronic mail or the Internet to seaid offensive messages of any kind is prohibited.
Downloadin C
or software and programs for other than District-authon'zed tasks is strictly
prol-dbited. When required to download authofized software or programs for the District, tile,
following procedures will be followed.
a) Computer Viruses can become attached to executable files and program files and
result is significant losses to the District, Receiving and/or downloading execittable
files mid pro rams via electronic mail or the Internet without ex- press permission of
the Systems Administrator is prohibited. This includes, but is not limited to,.,
software programs and software upgrades. This does not include e-mail and/or
documents received via c-mail and the Inteniet. Employees are to scan all
do,%Ainloaded materials before using or opening them on their computers to prevent
the introduction of computer viruses.
b) Employees will respect all copyright and license agreements regarding software, or
publications they secs or download from the Internet. The District will not
condone violations of copyriglit laws and licenses and the employee will be
personally liable for any fines or sanctions caused by the license or copy rright
infi-in,aement. Any software or publication, which is downloaded onto District
computer resources, becomes the sole property of The District.
7, The Internet and e-mail provide means by which employees oft e District inay C011UMMicate
with its customers, consultants and other official persons, and retrieve valuable inforn-latioll.
Messages and downloaded information fluough the District's system, niav be considered parttl0
of the District's business records and should be treated as such.
Deleting an e-mai I inessage does not necessarily mean the message cannot be retrieved from
the District"s comp ter systEW11,rn. For a specific period of time, (he District retains backup
copies of all Clocuments, including e-mail messages produced, sent. and recelved oii die
Di strict' s computer system .
Th - e v t rn.ajority of District records are public documtmts. Do not transmit informationilla ,)
an clectrolaic mail message that should not be written in a letter, memorandum, or CIOCL1111ent
available to the public.: -mail and any attachments are subject to th-Co', seine ethical and 1,".ga1
concerns and stanuards of crood conduct as memos, letters, and other paper-based docunients_.
E-mail can be foi-warded to others, printed on paper, and is subject to possible discoven;,
Otiring IaNvsuits in",Arhich the District may be involved,
I ive messages of any kind is prohi bite CIL10. L'6e of electronic mail or the Internet to send offens*
It
14
1 -authorized tasl(s is Sir C -YDownloadingsoftwareandprogramsforotherthanD"strict i t1 '
prohibited. When required to download authorized softNvare or progrerns for the District, the
following procedures will be followed.
Computer viruses can become attached to executable filos and Dr grain files and
result is significant losses to the District. Receiving and/or dowilloading executclble
files and Pr grain via electronic 1-nail or the hatemet without express permission of
the Systems Adi-ninistrator is prohibited. This includes, but is not limited to,
software programs and softvvare upgrades. This does not include e-mail zind/or
docunients received via e-mail and the Internet, Employees are to scan all
dov-,.rnloaded materials before using or opening ffiem on their computers to prevent the
iqtrod,Uctlon of computer viruses.
b) Employees will respect all copvrlizhtand license Mgr eeniems regarchno software or
publications they access or download from the 1wernet. The District witl lot
condone violations of co-pyright laws and licenses and the emplovee ";III be
personally liable for w-iv fines or sanctions caused bv/ the licenso or copyright
infringement. Anv software or ptiblication, which is downloaded onto District
COMPtiter resources.,., J)eco111e_s f,.Ile sole property of the District,
101i S a -1
I I.
failureailure to foilo-vv the prescribed procedures and policies may lead to disciphilel up to and including
immediate termination. Disciplinary action may include the removal of tnternet and e-mail c1ccess
from the ernplovee s conipater or ter mination of employment,
The L)i ,qtr ict Priakes no wzirrantles of Cany kind, whether expressed or implied, for the service that is
tht-_- subjcd of this policy. In add ltloii, the Di'strict will not be responsible for any damac'es
whatsoev e r whi ch emp I oye e s may su ffer arl sin g from. or rel at to their arse o f any D 1 stric t el e ctrosic
information resources. whether such damages be incidental, consequential or otherwise, or whether
such damages Include loss of data resultincr from delays, non-deliveries mistaken deliveries, es, o r
service interrUptions whether causecl by either the District's negligence. errors, or omit ssions. Users
M r Tognize that the use of District electronic 1'nforniation resources is a privilege and that the
policies implementin a usaue are requirements that mandate adherence.
1
By s i an I ng this d ocument I hereby represent th-cit 1 have read., understand, and agree to c Omply with
the District's Information Systems., Intemet., e-n-iail, and electronic communications, ethics. usage,,
Cind security policy, I understand and agree that all computer cruid elcetronic activity, including but
not limited to electronic mail aDd Internet network activity, being conducted with District resources
is the property of the District=
lzacknowledL;e and consent to the District's r1c5ht to monitor, log, access, and review all such activity, Ln
with or without notice, ,-ind, thereforel, I have no expectation of Privacy in the use oft ese resources.
I -understand that such monitorinty- may include printincr and reading all electronic mail and date
enter ina, lecavin(,7, and/or stored on the District's equipment.
t7 C):_
Finally, I understand that violation ofthis Policy ivay subject me to discipfine Lip to and including
termination of employment,
Date SI icniawre
E ni p i rove c' s Nani c
g__.__,_~0.
Revision: 06/10/83
L Vr I
1. . . . .. ........... .....
Definitions. . . . 0 W # * 4 * 0 0 * 0 4 a * * 000# A a a a 1, E.R. W * W# a 0, # 6 * I
SECTION 2 GENERAL PROVISIONS
2.01 Adoption of 3
2.02 Amendment ....... 3
2.03 Equal Employment Opportunity 3
2.04 Harassment Policy VV* NO* 3
4.05 Probationary Employees 8
2.05 Drug & Alcohol Testing 04*0**040 VON 4
2.06 Supplemental Rules 4
2.07 Manager's Authority F6*M*H&1*M • 4 4 046 RYt 4
2.08 Statutory Provisions .. * 0 0 0 4 * 0 f#. q1P W M g f 0 a 4jW* * **,**a 0 # f. o
2.09 Copy of Rules n* W* *-A * 04 0f# 4 4
2.10 Outside Employment 4
2.11 Educational Assistance 5
SECTION 3 HIRING PROCEDURES
3.01 Selection Procedures 414 ** ** 0 M* I& W W *W, 6
3.02
3,03
3,04
3 05
3.06
3.07
Eligibility 0 * A 4 0, * 0 % A Rik 0 A 1* # 0 # a * * * T 11 M a V M 0 # .0 # 6 * * * a W * o, kit 6
Application ... W*W4**%g* *4 a W-F WP9 6
Disqualification 00400 F o0skmawoft 6
Appointment ...... 4.14 414A A's 4 * * 4 *A ** 4 04 kl,,W 0 4 * W M W 6
Examination .. WN * 9 * I W` 'N 6 J& * & 4 A AF P* 0 A 4E 0 *M*k 6
Notification of Exam......... # 6
SECTION 4 EMPLOYMENT
4.01 District Hours **A*0OM4 *,0 6
4.02 Attendance 7
4.03 Classification of Positions 7
4.04 Appointments 7
4.05 Probationary Employees 8
SECTION.5 SEPARATION AND LAYOFF
5.01 Se flparaon Categories ***AM no 8
5.02 Exit Interview 0*0 M4*&* 9
5. 0 3 Procedures for Lay-Off 0 oo, 0 Ir 4 0 # a 0 A v R Y< 9
5.04 Recall .0, * IN ol 5 q V 0 * V V W W V 0 * 4 .*alC.a 10
5.05 Benefits
Eligiffilo-
lity 10
A
ffAb WMMMMO099MV-12-
6.01 Paydays imo* a *Rama**& am MR *a a* A w*#* am 11
6.02 Method of Calculation 11.
6.03 Compensation Records 11
6a Standards....,.. 11
6,05 Step Advancement ifiRRitkiq #MafiRaffYrAiRltwFiRll #i11M41ri 12
6.06 Overtime Pay & 12
6.07 Working Out of Classification 0,001m WOM4,401*0 13
6.08 Standby R woos! w Name &a wwwwovows 13
bar Back we 64 * a a a &*a &-am 0 a *A W* * A& a A & 13
6.10 Differential Pay 00-0 go* *A# 0 ***a WmA* 4*0 ** 13
SECTION 7 LEAVES OF ABSENCE
cv, elilryfNXT 0 10 IV %TVVY"re
7.01 Types of Leave a a a A& 4 w-9 4 il M m, 6 4 a A & A A A & a m, 4 0 a * a a& 14
7.02 Sick Leave 040* 0 # 0*04 0,41,00 &* V 4 -0 w 04 0 a V* ** 0 * a* OR w 0*0 14
7.03 Family Care (FMLA) a 0 V 0 W-0 a 0*00 W-9 *Q *44 *1 0 16
7.04 Pregnancy Disability Leave 20
7,05 Medical Leaves of Absence 23
7.06 Catastrophic Leave 0 * a 3* a A 0 * A $ 0 0 * a * a * * 0 4 0 0 4 0 * * * 6 0 w 24
7.07 Other Leaves Without Pay 26
7.08 Authorized Leaves 26
8.01 Insurance 27
8.02 Uniforms 29
8.03 Employee Incentive Program 30
8.04 Retirement 30
SECTION 9 VACATIONS
9.01
9.02
9.03
9.04
9.05
Availability
Approval
Eligibility
Scheduling
Procedure
30
30
IS A A & Is A * 10 0 A A # 4' V 4 * -0 9 W 01 * IF & 10 * EA & A ft A A #w..!i 31
32
SECTION 10 HOLIDAYS
10.01 Fixed Holidays 32
10.02 Weekend Holidays 32
10.03 Employment Status w* #4# 32
10.04 Vacation 33
SECTION 11 REIMBURSEMENT
11-01 Use of Private Vehicle a .0 A * A A * a It a * A 4 w 0 0, * a A . w 33
11.02 Expense Vouchers 33
11. 3 Petty Ca
SECTION I Z ATTENDANCE AT CONFERENCES AND MEETINGS
12.01 Reimbursement or payment. 33
12.02 Approval for Attendance 33
SECTION 13 USE OF CREDIT CARDS
13-01'Authorization M M•• 0 4 4• * 0 • 4t ID a& & 6 W 33
13.02 Responsible Party 004040*810 6& **#**** 9-4 V*644 sit A** 33
13.01 Official Business 0 a V OF * 0 a A * # *f * 0 g 0 33
SECTION 14 WORK PERFORMANCE
14.01 Con duct 0 0 0 4 0, 4 1W * o b00, IN IN 04 33
14.02 Attendance 34
14-03 Work Performance Evaluation 34
SECTION 1.15- PERSONNEL RECORDS
15.01 Inquiries A s o ff ffi ft o ft XF # S A W W ff S W .0 AV 0 34
15.02 References 35oA, t a i
15.03 Inspection 35
15.04 Retention IP * W't 0* Is A ' -01 0 A A * 1m m, 4s A. 35b
15.05 Medical Fie ..o.... **moss ****Op* 35
SECTION 16 GRIEVANCES
16,01
16,02
16--03
SECTION 17 DISCIPLINARY A.
17,01
17.02
17-03
17.04
17,05
17,06
17.07
17-08
17.09
General
0 0 b, 0 W *. 36
Process 4* **a be We 36
Representation A M 4 0 X M A 0 3R 0 •• iM A A A, X o 37
CTIONS AND TERMINATION
Application we we 37
Tvpes of Discipline
w 37
Acknowledgement of Rules 37
Cause for Disciplinary Action 38
Notice of Proposed Disciplinary Action 39
Limitations and Exclusions ,soR* M•• 39
Order of Disciplinary Action ... 40
Appeal Procedure 40
Hearing Procedure a pie as a as go 40
PERSONNEL RULES FOR GENERAL EMPLOYEES
T A V-%, V-1 rVA V d-WL 71L T i"I
1.01. Advancement. A salary increase of one or more steps within the limit of
the pay range established for a class.
1.02. Ann ivers4ry Date. The date on which an employee commences employment
with District.
1.03, Applicant. An 'individual who has completed and subraitted an
application for employment with the District.,
1. 04 App?.ntment. The offer to and acceptance by a person of a position, either
on a probationary, regular, temporary or hourly ba-sis.
1 05, At-Will EajElovee. Axiy of the following employees of the District:
A. General Manager / Secretary.
B. Chief Financial Officer
C. District Engineer.
I
D. Associate Civil Engineer
E. Regulatory Affairs Co-ordinator
F. Water Service Sup eriMen -dent
G. Water Service Foreman
H. Water Production Supervisor
Engineering Services Supervisor
J. Meter Shop Supcm*sor.
K. Commercial Operations Supervisor.
AdministTative Assistant
M. Temporary employees.
N. Probationary employees.
1. 6, Demotion. A reassigrunent to a job classification having less responsibility
and a lower saia range effected for disciplinary purposes. Demotions resulting from employee
inability to perform required duties, organizational changes, layoff, or at the employee's request,
are not disciplinary.
OV28/01
1.07. District. The East Valley Water District.
1.08.
period.
1.09.
or more.
Eligible Employee. A regular employee who has completed his probationary
Full-time Employee. An employee regularly working forty (40) hours per week
1.10. General Employee. Any employee of the District except those employees
specifically designated as at-will employees under these Rules or any other ordinance or
resolution of the District.
1.11. He/Flis. All references in this document to "lie" and "his" shall also apply
also to "she" and "her."
1.12. Leave of Absence. Leave without pay granted to an employee at the discretion
of the General Manager.
1.13 Military Leave. Leave on official orders for the purpose of active military
duty.
1.14. Part-time Employee. An employee who works less than forty (40) hours per
week and less than 1 000 hours per year.
1.15. Probationary Period. A specific period during which the employee is required
to demonstrate his fitness for the duties of the position to which lie has been appointed by actual
performance of these duties.
1.16. Promotion. Advancement to a job classification with a higher salary range mid
an increase in responsibility.
1.17. Re-classification. A re-assignment to a job classification based on the
employee's inability to perfonii assigned duties, organizational changes, bumping pursuant to
any approved layoff or at the employee's request. Reclassifications are not disciplinary.
1.18. regular Employee. A general employee who has completed probation.
1.19. Resiqnation. Voluntary separation from the District by an employee.
1.20. Sala a Advancement Date. The date upon which an employee successfully
completed probation or is promoted.
1.21. Sick Leave. Leave with pay covering absence of an employee who is unable to
perform his regular duties because of his own illness or injury, or to care for an immediate family
member, or an absence caused by death in the employee's immediate family.
1.22. Temporary Employee. An employee assigned to a limited period of
employment of one year or less, which may be on a full- time or part-time basis, as deten-nined
by the District.
2 08129/01
1.23. Termination. Separation of an employee with prejudice.
1.24. ' Vacation Leave. Leave with pay granted to an employee at the discretion of
the General Manager.
SECTION 2. GENERAL PROVISIONS.
2.01. Adoption. These rules and any amendments thereto shall be adopted by the
District pursuant to a Resolution of the Board of Directors.
2.02. Amendment. Subject to the applicable requirements of Government Code
Section 3500 et seq., these rules may be amended at any time by resolution of the Districts
Board of Directors, or modified pursuant to a written labor agreement approved by the District's
Board of Directors. Any proposed changes that are not negotiated directly with the employees of
the District or their authorized labor representative will be posted on the District bulletin board at
each office location prior to the Board meeting at which the proposed amendments will be
considered. Employees will be provided with written notification that the Board will consider the
proposed changes prior to the Board meeting at which the proposed amendments will be
considered, and that the proposed changes may be reviewed on the District bulletin board. Any
amendments to the Rules shall apply to all employees notwithstanding the failure of the District
to send out any proposed amendments or amendments that are adopted, or the failure of an
employee to receive actual notice of the proposed amendments or of any amendments that are
adopted by the Board of Directors.
2.03. Equal Employment Opportunity. It is the policy of the District to employ,
retaill, promote, terminate, and otherwise treat all employees and job applicants on the same
basis of merit, qualifications, and competence. This policy shall be applied without regard to
any individual's sex, race, color, religion, national origin, ancestry, pregnancy, age, political
opinion, political affiliation veteran status marital status, medical status, medical condition, or
physical condition.
2.04. Zero Tolerance Harassment and Discrimination Polic .
A. Standard of Conduct. The District maintains an Unlawful Harassment
Policy so as to Provide a neutral work environment free from violence, discriminatioll",
harassment, and retaliation. The District prohibits sexual harassment of and discrimination
against any individual on the basis of gender, race, color, religion., national origin, ancestry,
pregnancy, age, marital status, medical condition or physical handicap or disability. This policy
applies to all areas of employment, including recruitment, hiring, training, promotion,
compensation, benefits and transfer. Employees are expected to adhere to a standard of conduct
that is respectful and courteous to all persons. All employees and members of the public are to be
treated with respect, courtesy and tact. Abusing the dignity of anyone through ethnic, sexist., or
racial slurs or other derogatory or objectionable conduct will not be tolerated, and may be cause
of disciplinary action up to and including dismissal.
B. Prohibited Conduct. The District recognizes that impermissible harassment
may take many fomis, including:
Verbal conduct such as epithets, derogatory comments, slurs or
unwanted sexual advances, invitations, or comments.
3 08/28101
2. Visual conduct such as derogatory posters, cartoons, drawings or
gestures.
3. Physical conduct such as assault, blocking normal movement, or
interference with work because of sex or other protected basis.
4. Threats and demands to submit to sexual request in order to maintain
employment or avoid some other loss, and offers of job benefits in return for sexual favors.
S. Retaliation for having reported harassment or discrimination.
C. Complaint Procedure. No violence, harassment, discrimination, or
retaliation will be tolerated in the workplace. Any incident of work-related violence, harassment!,
discrimination or harassment should be reported to the employee's immediate supervisor, or to
any supervisor or the General Manager. A thorough, objective and discreet investigation will be
undertaken, which will be confidential to the extent appropriate. If harassment, discrimination or
retaliation is found to have occurred, prompt and appropriate remedial action will be taken. If an
employee is found to have engaged in harassment or otherwise inappropriate conduct,
disciplinary action, up to and including dismissal, will occur. No employee will be disciplined or
otherwise retaliated against for reporting violence, harassment or discrimination or particiDatinti-
in an investigation.
2.05. Drug and Alcohol Testing. The District also maintains, and strictly enforces,
a Policy on Drug and Alcohol Testing of all applicants seeking employment with the District, all
employees working in any position which requires a commercial driver's license, or for
reasonable suspicion. The purpose of this policy is to protect the safety of the public and to
provide a safe and drug-free work environment for the District's employees.
2.06. Supplemental Rules. These Rules do not preclude the General Manager from
developing and administering supplemental personnel rules and regulations,, as long as they do
not conflict with these rules, other District resolutions and ordinances, or any labor agreement
that is in effect and approved by the District's Board of Directors, and subsequent notice thereof
is given to the employees' authorized labor representative..
2.07. Manager's Authority. The General Manager is hereby authorized to make such
administrative decisions as are necessary to implement these personnel rules and expedite
District services.
2.08. Statutoa Provisions. The Board of Directors is the governing body of the
District and shall exercise all of its powers as provided for in California Water Code Section
30000 et seq.
2.09. Copy of Rules. A copy of these Personnel Rules shall be made available to each
employee of the District and a copy shall be placed on file with the District.
2.10,. Outside Employment.
A. Employees may be allowed to work in off-duty Jobs if such secondary
employment meets the following requirements:
4 08/28/01
1. Such outside employment is not incompatible with or does not con-
flict witij the duties or interests of the District nor cany over into the employee's regular duties.
2. Such outside employment does not adversely affect the employee's
ability to perform Distn'ct duties.
40 A
3. Such outside employment is not in conflict or in competition witli the
business of the, District.
B. Before accepting outside employment, the employee must first advise the0
General Manager in writing of his intent and receive authorization in writing from the General
Manai4er-
C. Should any employee violate any of the requirements set forth in Sub-
Division A above, said violation may be cause for discipline up to and including tennination, in
addition to any other grounds for discipline.
D. The incompatibility or conflict may arise from a number of factors, including
but not limited to, the following: either the time of work on ffic outside and its possible effect
upon the availability of such employee for District employment; from the nature of the work on
tb outside, which might give rise to an actual or possible conflict of interest or incompatibility of
off-ice or to a public belief that a conflict of interest may exist; or from the nature of outside
employment sufficiently fatiguing or hazardous as to reduce the. prospects of availability for
District employment when and as needed and in proper physical condition to Perfomi the duties
required. In interpreting this Section 2.10, it shall bC TeCOgnized that certain District positions
require the availability of err plc vees at times additional to their normal hours of employment. W,
E. In addition to the foregoing, employees shall at all times comply with all
applicable Provisions of the District's conflict of interest code, the requirements of Govemment
Code Section 1090,, and all other applicable provisions of law.
2.11. Ed ucational Assistance. The District maintains an Educational Assistance Plan
1 ymeandencouragesitsemployeestocontinuecducat'on directly related to their emplo nt.
Eligible employees that desire to obtain tuition assistance from the District in accordance with
the provisions of the District's Educational Assistance Plan must satisfy the requirements thereof
and follow the following procedures prior to registering for coursework and prior to reeciving
reimbursement:
A. Prior to enrollment, an educational assistance form must be completed by
the employee and approved by the employee's supervisor and the General Manager in writing.
B. Upon successful completion of the course(s) with a minimum fmal grade of
C" or equivalent, the employee will qualify for reimbursement of the costs incurred for tuition,
registration, parking fees and text books
C. The employee shall submit a request for reimbursement, attaching proof
of the successful completion of the course, including a grade report, and all receipts on an
approved District form.
5 08/2 8/0 1
SECTION 3. HIRING PROCEDURES.
3.01. Selection Procedures. The General Manager shall appoint each employee.
The General Manager shall establish selection procedures which shall insure the employment of
the best qualified applicants, including such factors as education, experience, skills, knowledge,
personal qualifications and potential for growth.
3.02. Eligibility. Ail persons considered for employment with this District shall be
qualified to perform duties for which they are considered.
3.03. Application. Application shall be made on forms provided by the District which
shrill comply with all applicable laws.
3.04. Disqualification. The General Manager shall reject any applicant who does not
have the minimum qualification required for position or who has made any false statement of
any material fact, or withheld any material fact from, his application.
3.05. Appointment. The General Manager may make an appointment based on
personal interview with the applicant, using his best judgement as to the applicant's ability,
experience and adaptability to the position for which he is applying.
3.06. Examination.
A. Some positions are best filled through qualifying examinations, W'hicli may
be given at the discretion of the General Manager. The selection techniques used in the
examination process shall be impartial, of a practical nature and shall relate to those subjects
which, in the opinion of the General Manager, fairly measure the relative capacities of the
1personsexaminedtoexecutethedutiesandresponsibilitiesoftheclasstowhich they seek to be
appointed. Any qualified person who, within the period prescribed in the public notices
thereof, has filed an application upon the form furnished by the District and whose application
has not been rejected in accordance with these rules and who presents himself at the time and
place designated for an examination shall be admitted and allowed to participate.
B. The District, upon recommendation of the General Manager, may contract
with any competent District or individual for the purpose of preparing and administering
examination. In the absence of such a contract, the General Manager shall direct the preparation
and administration of examinations.
3.07. Notification of Examination Results and Review of papers. Each candidate
completing an examination shall be given written notice of the results thereof. Any candidate
shall have the right to inspect his own examination papers within five (5) working days after the
notices of examination results are mailed.
SECTION 4. EMPLOYMENT.
4.01. District Hours.
A. Office Hours. General office hours of the District shall be from 8:00 a.m.
to 5:00 p.ni., Mondays through Fridays, except holidays.
6 08/28/01
B. Work HOUTS. The General Manager shall establish the work schedules
and 1,xrorkplace (location) assignments for each position, and anv changes to those schedules and
assig=ents shall require the prior written. of the General Manager and notice as
P ccappropriate, to the affected employee(s). Work hour schedules and work ]a assignments shall
be assigned by the ernployce's supervisor, based on the General Manager's direction, So far as
practicable, the standard work- week- for regular full-tiime employees of the District shall be forty
40) hours, and the standard work week for regular part-time employees of the District shall be
less than 21 boors. The standard work day for regular employees of the District shall consist of a
consecutive block of eight (8) hours within a 24-hour period that fl-le employee is normally
scbedoled to work,,
4.024 Attendance.
A. Employees shall make every effort to schedule personal appointments out-
s1 de their working hours. Scheduling of personal, non-medical, appointments during working
hours is subject to the approval of the employee's supervisor.
B. The District will maintain records of employee attendance for the purpose of identifying
critical and chronic attendance problems which may require corrective action.
4,034 Classification of Positions. Each classified position shall have a Job description
and be assigned a salary range. Each job descn'ption shall outline the required duties, education,
and experience for that positio-n. Job descriptions may be amended or revised by
recommendation of the General Manager and approval of the Board of Directors. Avpointments,
promotions, demotions, and the step and range of classified employees shall be made in
accordance with these Personnel Rules and the applicable provisions of any labor agreement that
is in effect and approved by the District's Board of Directors.
4.04, Appointments. All appointments shall be classified under one of the following
types'.
A. R ar FUL-11-Time App intment. A regular employee who has
successfully completed probation and works the standard forty (40) hour work week.
Compensation and benefits shall be paid in accordance with these Personnel Rules and the
applicable provisions of any labor agreement that is in effect and approved by t1le District's
Board of Directors.
B. Rogular Part-Time Appointment. A regular employee who has
successfully completed probation and who works less than the standard forty (40) hour work
week. Compensation is proportionate to that authofized for full-time work, but no vacation,, sick
leave, or vacation benefits shall accrue during any work weck of less than twenty (20) hours,,
C. Te.mp.orary Appointment. Temporary employees are those employees who
hold a position which bas been authorized by the General Manager for only a limited period of
time or for the duration of a specified project, not to exceed one (1) year. Temporary employees
shall be at-will employees who serve at the pleasure of the General Manager and who may be
terminated by the General Manager without cause and without prior notice, and shall not have
any right of appeal upon their termination. Temporary employees, upon appointment, shall be
given written notice of the limited nature of their employment. Full-time temporary employs
niay receive compensation and benefits equivalcnt to a regular full - tiara employee in a
comparable job classification, as determined in the discretion of the General Manager.
7 09128/01
D. At-Will Employees. Those classifications designated as at-will Employees
shall not be subject to these Personnel Rules. At-will employees shall be subject to a separate
ordinance or resolution.
4.05. Probationary Employees. All original appointments of employees shall be
tentative and subject to a 270-day probationary period. All promotional appointments shall be
tentative and subject to a minimum of a 180-day_probationary period. This applies not only to
new employees of the District but also to persons re-employed by the District after a break ill
service. If a probationary employee is absent during the period of probation, his probationary
period may be extended by an amount of time equivalent to the length of his absence. The
probationary period may also be extended for a longer period or periods, not to exceed one (1)
year, as 'determined in the discretion of the General Manager. A probationary employee is an at-
will employee who serves at the pleasure of the General Manager who ii-lay be dismissed without
prior notice and without cause at any time during the probationary period. An employee who
serves the required probationary period in a satisfactory manner, as documented in a written
performance evaluation, shall be classified as a regular employee.
SECTION 5. SEPARATION AND LAYOFF (LAYOFF AND RECALL
5.01. Separation Categories.
A. Resignation. A resignation may occur under the following circumstances:
1. A voluntary resignation occurs when an employee the District with a
signed and dated letter of resignation. An employee shall submit his resignation in writing to the
General Manager at least two (2) weeks in advance of his intended resignation date.
2. An employee who is absent five (5) or more consecutive days without
notifying his supervisor or the General Manager may be deemed to have resigned from District
service.
3. Failure to return from a leave of absence may be considered an auto-
matic resignation, in the discretion of the General Manager.
B. Retirement. An employee who retires from employment with the District
is no longer an employee of the District and may be eligible for coverage under the District's
Retirement Plan in effect at the time of retirement. This Retirement Plan is subject to change
by the Board of Directors unless otherwise prohibited by law or by the express terms of a written
labor agreement approved by the District's Board of Directors.
C. Disc An employee who is involuntarily terminated pursuant to
Section 17 (Disciplinary Actions and Termination), or otherwise as contained herein, is
discharged from District employment.
08/28/01
D. Terinination of Employi-nent,
1. The effective date of tennination of employe -ient is the last day
worked by the employee, or such other termination date as determined by the District. Should
an employee be temiffiaLed following an approved leave of abscnce, the termination date shall be
the last day of the approved leave of absence,
2. An employee wisbing to resign should give his supervisor a written
notice at least two weeks prior to resignation. Once submitted and acceptcd by the District
tbTOUp,h its General Manager, a resignation may not be withdrawn.
E. Layoff and Recall. Layoff is defined as a separation from employment
because of reorganization, a shift in District priorities, or adverse conditions (including but
expressly not limited to lack of work, lack of funds, or in the interests of economy), which the
Board of Directors bas determined require a reduction in force.
5,02. Exit Interview. An exit interview shall be requested, but not required, of an
employee Who submits a written resignation. The interview shall be conducted by the General
Manager or his designee. -
5.03. Procedures for La
A. Determination. Whenever, in the judgment of the Board of Directors, it
becomes necessary, the Board of Dirccfors may abolish any position or emplovment and the
employee holding such position or employment may be laid off.
B - Auth
1. Upon a detennination by the Board of Directors that layoffs or a re-
duction in force are necessary, the General Manager shall prepare a reorganization plan, which
shall include the. positions to be laid off and/or eliminated.
2. The Board of Directors shall approve the reorganization plan.
The Board of Directors may establish the terms and conditions of layoff
including, but expressly not limited to, provision for payment of termination pay.
C. Criteria.
1. When a lay-off is necessary, the date of hire will govern. The District
may,, however, retain m employee due to that employee's special training, ability, knowledge or
experience provided said skills are the basis for original hire, as determined in the discretion of
the General Manager.
2. In the event of a tie in seniority affecting two or more employees, the
employee witb the lowest performance rating shall be laid off first.
D. Im mentation. Upon approval of the reorganization plan by the Board of
Directors, the General Manager shall determine the order and rx-tkcing of the layoff or reduction
in force.
9 09/281,01
1, The General Manager shall prepare a list of those positions to be
abolished, and a list of those employees within each classification or position scheduled to be
abolished.
2. Affected employees shall be notified in wn'ting of any impending
layoff or reduction in 17orec. Whenever possible, notice will be given at least Nio (2) weeks prior
to an intended action. Longer notice may be given when appropriate and reasonable under the
Circumstances,, or as otherwise required by law.
3. Employees whose positions have been deleted may bump employees
in the same or lower classifications having less District seniority provided that the bumping
employee has successfully completed the applicable probationary period and attained permanent
status in the classification to which they are bumping.,
C
ine General Manager may, in his
I
make reductions in lieu of lavoff, todiscretionif .he. deems it in the best interest of the District,
W
positions at lower levels in die same or related series or positions in other series for which the
employee to be redtioed has demonstrated that he/she possesses the Skills and aptitudes required
in the position to which he or she is to be reduced, thereby causing the layoffs only in the lower
ranks. An employee reduced pursuant to this Section shall not be subjcct to fuAher reduction
from the class until all employees in that class, who have not been suNect to reduction, have
vacated that class.
4. An employee who is laid-off will retain accrued vacation and sick
leave benefits if recalled within twelve (12) months. An employee may elect to receive payment
for accrued benefits at the tinie of the lay-off,
11
A. A recall of employees from a lay-off will begin with the most senior in
classification refilled.
B. Employees who are laid-off will remain on a recall list for twelve (12)
Months and shall be given the first opportunity to fill vacancies in classifications from which
they were laid off and for which they are qualified,
C. Recalled employees shall not have to serve a probationary pen'od and will
have all prior existing rigbts, benefits and entitlement restored, providing they meet the current
standards for the positimi they are beiDg recalled to fill and provided that they successfully
compIcted their probationary period in that position (or in a higher classification) prior to their
lay -off.
D, Recalled employees shall be, notified of the recall by certified letter. Such
employees who do not directly contact the General Manager or his designee Within ten (10)
working days of the mailing date, of said letter shall automatically 'be removed f-rom the recall
list.
5.05. Benefits E1 . i.gibifit When an employee is separated for any reason excepty
for a lay-off, employee benefits are lost, effective the date of separation, except for vested rights
under the retirement plwi and/or applicable law. Resignation or dismissal for cause shall not
entitle an employee to any ten-nination payment or benefits.
10 Or48101
SECTION G. COMPENSATION.
6.01. Paydays. All employees shall be paid bi-weekly on the Friday following the
end of the pay period.
6.02. -Metliod of Calculation. The equivalent hourly rate of employees who are paid
on a bi-weekly basis will be calculated by multiplying tile basic monthly salary of the employee
by 12 (for the number of months in the year) and then dividing by 2,080 hours (representing 52
weeks of 40 hours).
6.03. Compensation Records and Preparation.
A. Preparation. The Administration and Finance Department is responsible for
computing the payroll compensation and issuing verification of compensation.
B. Deductions. The District shall deduct from each employee's salary or
Wages amounts as may be required by law or as may be authorized by the employee. These
deductions may include, but are expressly not limited to:
1. Federal and State Taxes.
2. Disability Insurance.
3. Garnishnients or deductions from payment to a specified District or firm.
C. Record kee in . The Administration and Finance Department is responsi-
ble for keeping current records of attendance, absences and status of employees. The Department
is also responsible for keeping accurate records of accrued leaves, leaves used, and time records
of employees.
6.04. Compensation Standards.
A. The Board of Directors shall adopt a salary schedule. The District's salary
schedule shall incorporate any applicable salary increases accepted by the Board of directors
under a written labor agreement that is in effect.
B. In the event that the Directors do not adopt a salary schedule for each new
fiscal year, the salary schedule approved for the prior year shall continue in force and effect until
a new schedule is adopted.
C. The General Manager shall develop job descriptions for every classification
and update these as necessary. The job descriptions should include title, description of work
required and duties, recruitment standards and special requirements. The General Manager
shall also develop a job evaluation system for positions, within the District, which shall be used
in preparing performance evaluations for employees and in determining pay raises and step
advancement.
11 08/28/01
6.05
A. New employees shall be hired at Swap A of the established base salary range,
unless otherwise provided in these Personnel Rules or approved by the General Maii alter .
Variable entrance steps through Stop E may be established if justified by recruitment needs and
approved by the General Manager.
B, Except for promotions or unless otherwise authorized by the General
1
Manager, all step advancements shall be based upon one (1) step increment in the base salary
range.
C. An employce is eligible for a step advancement when successful job
performance is demonstrated and supported by the work performance evaluation.
I - An employee shall be eligible for an advancement in step at the
sat isfactory completion of his or her probationary period. Thereafter, an employee shall be
eligible for an advancement in step not less than one year from that effective date, until Step "E"
has been achieved. Approval of a raise in step may be denied in the event of an extension of
probation, iDIPOS16ODof discipline, or as otherwise authon'zed by these Personnel Rules.
2. Six inonths shall be equal to 1040 regularly-schedule hours worked;
nine months shall be equal to 1560 regularly scheduled hours; and one year shall be equal to
2080 regularly-scheduled hours worked. Ilse tim-C required for step advancement shall be
extended by an-v time spent on leave without pay which exceeds 24 hours in any pay period.
If an employee is evaluated as "ineets job standards" or better, the employee will be granted the
step advancement effective on the employee's salary advancement date.
A. If no work performance evaluation is filed or if an ernployee receives an
overall "unsatisfactory" or "improvement needod" evaluation, the employee's stop advance may
not be granted. An employee whose step advancement is denied shall not be eligible for
reconsideration for step advancement until such time as successful Job performance is
demonstrated xid supported by the work performance evaluation. It) no case shall an employee
be reconsidered prior to six months from the time a step advancement is denjed.,
B. The General Manager may authon'ze the adjustment of the salary step or
salary rate of an employee to maintain salary equity within the system, to prevent undue hardship
or unfairness due to the application of any rule or policy, to correct any payroll error or oniission
V
including any such action which may have arisen M the prior fiscal year, or to coiTcet any salary
inequity, upon the approval of the Board of Directors.
6.06. Overtime Pay and Conditions,
A. It is the District policy that District work be completed during regular
working hours. All time worked in excess thereof is considered
44overtimell
and is discouraged.
B. Overtime work other than emergency repair or disaster response work must
be authorized by the General Manager in advance and shall be paid at the rate of one and one-
half (1- /2) tirnes the cmployee's regular rate of pay and shall be reported in fifteen (15) minute
increments.
i
C. Upon approval by the General Manager, emplovees required to work on
V
scheduled holiday shall be paid at the rate of one and one-half (1-1/2) times the regular rate and
at the sal-ne time as I regular pay. Overtime compensation sball not be paid to any employee
who is exempt from overtime requiremcrits under the Fair Labor Standards Act or other Federal
or State laws.
6.0/ fication. Working, Out of Class
Employees assigned to work in a higher classification for a period of time in
excess of ten (10) consecutive workiDg days will be granted a five pereent (5%) salary increase
or the "'A" step of the higher classification, whichever is greater, for all time worked in the higher
classification beginning with the eleventh (I Ith) work day, except for an employee in a trainee
status.
B. 1ncrease:,,s in pay may be granted to recognize the temporary assignment of
more difficult duties requiring a greater level of skills. Selected positions may be auto on'zed
additional compensation, rather than being reciassmed to a higher level. Temporary assignments
s pr 'ded herein will not exceed one (1.) aryear and shall not be used to avoid reclassifi cat IOD Ofaovi
the affected position. Increases rn pay shall be temporary so long as the higher level duties are
assigned and performed. All such increases shall be authorized by the General Manager and
shall not affect an employee's step advancement 'in the base range.
6.08, Stan
A, Employees assigned to standby status shall be compensated at the rate of
120,00 per week,
B. Standby duty requires that employees so assigned shall-, (1) be ready to
respond Immediately; (2) be reachable by telephone or other communicating devices; (3) be ale
to -report to active duty not later ffian one (1) hour from time of contact; and (4) refrain ftorn
onn assigned duties. Emp issigned toactivitieswhichmightimpairtheirabilitytoperfloyeesnot,,L
standby duty have no obligation to meet these requirements.
6.09. Call Back. District employers called back to active duty after completing their
normal tour of duty and leaving the work site shall be entitled to call back compensation. Call
back compensation in an amount of thirteen dollars ($13.00) shall be paid for each. call back
occurrence exclusive of any other premium pay provisions. Call back compensation shall not
apply to erriplovees assigned to standby duty pursuant to Section 6.08 of these Personnel Rules.
6.10. Differential
A. Sewer Response Team. District employees who are ass wed to the District's
Sewer Response Team are required to complete District-sponsored training classes and to
participate in ongoing instruction and cxercises. Upon satisfaction of these requirements, such
employees shall be entitled to a salary differential of two and or percent (2.5%) during the
sere M ncperiodoftimeinwhichtheDistrictrequirestheemployeetoseeasamemberoftheDist * 't's
Sewer Response Teams.
13 Revision 06/10/03
B. Commercial Drivers. District employees who are required, in accordance
with their normal duties of employment, to possess a Commercial Drivers License (Class A or
Class B) shall be entitled to a salary differential of one percent (1%). The differential shall
remain in effect for the period of time in which the District requires the employee to maintain the
Class A or Class B Commercial License.
SECTION 7. LEAVES OF ABSENCE,
7.01. Types of Leave. This section covers the types of leave offered by the District,,
as follows:
Sick leave (Non-Family Care and Medical Leave) Section 7.02
Family Care and Medical Leave Section 7.03
Pregnancy Disability Leave Section 7.04
Medical Leaves of Absence for Occupational Disabilities Section 7.05
Catastrophic Leave Section 7.06
Other Leaves Without Pay Section 7.07
Authorized Leaves Section 7.08
7.02. Sick Leave INon -Family Care and Medical Le Sick leave is provided by the
District to promote the health and welfare of the individual employee. Sick leave is not an earned
right to time off from work. Sick leave permits the employee to be absent from duty without the
loss of pay under certain conditions.
A. Criteria for Eligibility.
I - Employees shall be eligible for this benefit upon completion of thirty
30) days of continuous service.
2. Sick leave may be granted under one or more of the following conditions:
a) The employee is incapacitated by reason of illness or injury; or
b) A member of the employee's immediate family must be cared for by
the employee; or
c) An employee has been exposed to a contagious disease and a
physician has deterriiined that the employee's presence on the job might endanger fellow workers
or is otherwise under quarantine fora contagious disease.
3. For purposes of this section, "immediate fai-nily" means husband,
wife, mother, father, son, daughter, step relations, ward and when residing I n the employee's
hoine, sister and brother.
4. Time off for attendance shall be limited to a maximum of fifty-two
52) hours per calendar year. Additional time may be authorized by the General Manager based
on a case-by-case review of the employee's record of sick leave use.
14 08/28/01
S. A certificate from a health care provider is required for any sick leave
absencc in excess of five (5) consecutive working days, or a combination of three (3) working
days which iDeorporate a weekend. The. certificate shall cover all days for which sick leave is
taken. The District may require additional certificates for longer periods of absence, or for
repeated absences, as determined at the discretion of the General Manager,
When notified in advance sick leave ma be used for medical, dental, or optical examinat.' Y ions or
treatments.
B Accrual. Employees in regular positions shall accrue sick leave prorated on
the basis of four (4) hours for each full bl-weekly pay period (i.e., 13 days per year). Eamed sick
leave shall be avallable for use the first day following the month in which it is earned, and can be
accumWated without limitation.
C. Notice Procedure.
1. Wben an employee is unable to perfonn ihs dut -1ies for reasons that
entitle him to the use of sick leave, he must notify his department head between 8:00 a,m. and
8:30 a.m. on each day of absence in order to quallWy for sick leave with pay.
2. An employee shall be responsible for informing his supervisor of his
health status until lie returns to work.
3. Each employee must submit a completed Absence Report form approved
by his supervisor aim forwarded to Cbe District's Payroll Department.
4. Tf an employee is on sick leave on the day the District observes a holiday,
that day shall not be counted as a da-v of sick leave.
1
5 Sick leave benefits may be taken in one-half houir increments,
D. Investigation. It shall be the responsibility and duty of the General Manager
to investigate each request for sick leave and to allow sick leave with pay where the application
is determined to be proper.
E, jLn er Use. Improper use of the sick leave privileac is cause for
disciplinary action. If it appears that the sick leave privilege *s being abused a medical certificate
may be required by the General Manager for any absence on sick leave.
Additional Provisions.
1. When all sick leave is exhausted, an employee may be permitted to
rise other accrued leave or an authorized leave of absence without pay upon the approval of the
General Mama r.
2. Employees may cash out accrued sick leave as follows-,
a) Employees may request reimbursement for up to forty (4{3j
hours of accrued sick leave per year provided, however, that (1) a minimum of 156 hours (18
months accrual) is retained after said reimbursement and (2) a request for reimbursement is
15 09128/0 11
submitted III Writing no later than December I st of each year.
b) Employees who retire from the District may apply all accrued
sick leave balanccs toward PERS for retirement credit.
c) Upon retirement, death, or termination, employees with at least
ten (10) years of continuous service with the District or the estate of an employee) will be paid
for uiiused sick leave accrued to the date of terinination according to the following fon-nula:
Sick Leave Accrued as of
Date of Tenn nat on
480 Hours or Less
481 Hours to 600 Hours
601 Hours to 720 Hours
721 Hours to 840 Hours
841 Hours to 960 Hours
961 Hours to 1,080 Hours
1 708 1 Hours or More
Cash Payment % Of Hours
Accrued Sick Leave
7.03. Family Care and Medical Leave (FMLAL
30%
35%
40%
45%
50%
55%
60%
A. PurpRs e This section outtines the procedures applicable under the federal
Family and Medical Leave Act, (29 U.S.C. Sections 2601-2654) and the Califomia Family
Rights Act, ( Code Section 12945.2) both of which requiro the District to per nit
eacli eligible employce to take up to 12 workweeks of Family and Medical Leave Act leave
FMLA leave") in any 12-month. period,
B. Erg ployee, Eli gibilit y Criteria. To be eligible for FMLA leave, the eniployee
must have been employed by the District for at least K2. months and must have worked at least
1,250 limirs during the 12-month period immediately preceding commencement of the FMLA
leave.
C. Events Which Ml ay Entitle an The 12-week
FMLA allowance includes any time taken (with or without pay) for any of the following reasons:
I . To care for a newborn child of the employee or a ch placed with the
employee for adoption or foster care. Leaves for this purpose must conclude 12 months after the
birth, adoption or placement. If both parents are employed by the District. they will be granted
a combined total of 12 weeks of leave for this purpose.
2. Because of the employee's own serious health condition (in cud wg a
serious health condition resulting from an on-the-job illness or injury) that inakes the employee
unable to perform his job at all or unable to perfonn any one or more of the essential functions of
his job (other than a disability caused by pregnancy, childbirth, or related medical conditions,
which is covered by the District's separate pregnancy disability policy).
3. To care for a spouse, child, parent, or (when residing in the employee's
home) sister or brother, with a serio-us health condition, which makes the relative unable to care
for his own basic medical, hygienic, or nutritional needs or safety, or is unable to transport
16 08/2 9/01
himself to the doctor.
D. Serious Health Condition. A "serious health condition" is an illness,
jury, impainnent, or physical or mental condition that involves-, (a) inpatient care (i.e., an
oven-iight stay) in a hospital . hospice, or residential medical care facility, includin any period of49
incapacity or any subsequent treatment in connection with such inpatient care; or (b) continuing
treatment by a health care provider.
E. ....... Ungirth of FMLA Leave.
1. FMLA leave can be taken in one or more periods, but may not exceed 12
work weeks total for any purpose in any 12-month period, as described below, for anYOTIC, or
combination, of the above-described situations. "Twelve workweeks" means the equivalent of
12 of the employee's normally scheduled workweeks,. For a full-tiMC employe who works five
eight-hour days per week, "l 2 workweeks" means 60 working an paid eight-hour days,
The " 12-month period" in which 12 weeks of FMLA leave may be taken is the 12-montb period
immediately Preceding the commencement of any FMLA Leave.
F.
1. An employee on an FMLA leave because of his own serious health
condition may use all accrued paid sick leave, vacation time and/or holiday leave at the
beginning of any otherwise unpaid FMLA leave period.
2. An employee on an FMLA leave for child care or to care for an
immediatc family member with a serious health condition may use any or all accrued paid sick
leave, vacation, or holiday leave at the begin-nm'g of any otherwise unpaid FMLA leave.
3. All other FMLA leaves are unpaid leaves.
4. The receipt of vacation pay, sick leave pay, or State Disability Insurance
benefits will not extend the length of the FMLA leave.
5. Employees will continue to accrue vacation, sick leave, and holidays
during wiy poTiod of unpaid FMLA leave only until the end of the month in Which unpaid leave
began. Provided that, such benefits shall or to accrue during that portion of the FMLA
leave for which the employee has substituted already-accrued leave, but such beneffis sh-all not
continue to accrue once die. employee has exhausted all other accrued leaves.
G. Health Benefits.
1. Heaith, vision, dental coverage's and life insurance benefits will continue
to be paid by the District for a period not to exceed either four (4) months dun'ng any approved
medical leave,, or during any period in which the employee uses other accrued leave, whichever
occurs later. If the crnployet,- wisbes to continue health, vision, dental coverage's and life
insurance after the four-month period or accrued leave period has expired., the employee will
deed to pay the District the premiums one month ahead of the month of coverage, and must fill
out the horns to apply for COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985).
The forms and premium amounts are available in the finance department upon request.
17 08/291,01
2. The District may recover premiums paid for maintaining health benefits
coverage during any medical leave if both of the following conditions occur:
a) The employee fails to return from leave after the approved leave has
expired. An employee is deemed to have failed to return from leave if lie/she works less than 30
days after returning from leave.
b) The employee's failure to retuni from leave is for a reason other than
the continuation, recurrence, or onset of a serious health condition that entitles the employee to
leave, or other circumstances beyond the control of the employee.
H. Seniority. An employee on FMLA leave remains an employee and the
Leave will not constitute a break in service. An employee who returns from FMLA leave will
return with the same seniority he had when the leave commenced.
I. Medical Certifications.
1. An employee requesting FMLA leave because of his/her own or a
relative's serious health condition must provide medical certification from the appropriate health
care provider on a form supplied by the District. Failure to provide the required certification in a
timely rnarmer (within 15 days of the leave request) may result in denial of the leave request until
such certification is provided.
2. If the District has reason to doubt the medical certification supporting a
leave because of the employee's own serious health condition,, the District may request a second
opinion by a health care provider of its choice (paid for by the District). If the second opinion
differs from the first one, the District will pay for a third, mutually agreeable, health care
provider to provide a final and binding opinion.
3. Re- certifications are required if leave is sought after expiration of the time
estimated by the health care provider. Failure to submit required re- certifications call result in
tennination of the leave.
J. How FMLA Leave is Requested and Scheduled.
1. An employee should request FMLA leave by completing a Request for
Leave form and submitting it to the Finance Department. An employee asking for a Request for
Leave form will be given a copy of the District's then-current FMLA leave policy.
2. Employees should provide not less than thirty (30) days' notice, or such
shorter notice as is practicable,, for foreseeable childbirth, placement, or any planned medical
treatment for the employee or his immediate family member. Failure to provide such notice is
grounds for denial of a leave request, except if the need for FMLA leave was all emergency or
was otherwise unforeseeable.
3. When possible, employees must make a reasonable effort to schedule
foreseeable planned medical treatments so as not to unduly disrupt the District's operations.
18 08/28/01
4 If FMLA leave is taken because of the employee's Own serious liealth
I C e, condition or the serious health condition of the employee's 'mmediate family rnemb r, th av
7nay he taken intermittently or on a reduced leave schedule when medically necessary, as
determined by the health care provider of the person with the serious health Conditioll.
5. If FMLA leave is taken because of the birth of the employee's child or the
placement of a cluld with the employee for adoption or foster care, the minimum duration of
le eleaveistwo (1) weeks, except that the District will grant a request for FMLA av for this
purpose of at least one day but less than two (2) weeks' duration on any two occasions.
6. Man employee needs intermittent leave or I cave on a rcduced leave
schedule that is foreseeable based on planned medical treatment for the employee or a family
member, or to care for a newborn, child or child placed with the employee for ad-option or foster
eare the employee may be transferred temporarily to an available alternative position for which
he is qualified that has equivalent pa v and benefits that better accommodates recur-r* ing Periods of
leave than the employee's regular position..
7. In most cases, the District will respond to a FMLA leave request within
two (2) days of acquiring knowledge that the leave is being taken for an FMLA qualifying reason
any event, withi t day re wing he request. If an FMLA leave request isand, in n en (10) s of ce' ' ivi
granted, the District will notify the employee in writing that the leave will be counted against the,
employee's FMLA leave entitlement. 'This notice will explain the employee's obligatiMs and
the consequences of failing to i-neet those expectatiorls.
K. Retuni to Work.
L On timely return at the expiration of the FMLA leave period, an employee
other than a "key") employee whose reinstatement would cause serious and grievous economic
i -ury to the District's operations) is entit1cd to the same or a comparable -position with the samelilA
or similar duties and virtually identical pay, benefits, and other terms and conditions of
employment unless the same position and any comparable position(s) have ceased to exist
because of legitimate business reasons unrelated to the employee's FMLA leave,
2. When a request for FMLA leave is granted to an employee (other than a
key" einployee), the District will give the employee a written guarantee of reinstatement at the
ten-nination of the leave (with the'llmitations explained above).
3. Before an employee will be permitted to return frorn an FMLA leave
taken because of his own serious health condition, the employee must obtain a certification from
his health care provider that he is able to resume work.
4. If an employee can return to work witb limitations, the District will
IF "
evaluate those limitations anol, ii possible, w'11 accommodate the empl 1AI , oyee, as required by )a, t. if
accommodation catmint be made, the employee will be medically separated from the District.
5. If the employee takes FMLA leave for the reason of the birth of her
child at the expiration of her Pregnancy Disability Leave, her right to reinstatement is governed
by Section 8.03, Family Care and Medical Leave. It is not governed by Section 8.04, Pregnancy
Disability Leave Policy (PDL).
19 0912-:9101
L. Limitations on Reinstatement.
1. The District may refuse to reinstate a "key" employee if the refusal is
necessary to prevent substantial and grievous economic injury to the District's operations. A
key" employee is an exempt salaried employee who is among the Highest paid ten percent
10%) of the District's employees within seventy-five (75) miles of the employee's work site.
2. A "key" employee will be advised in writing at the time of a request for, or
if earlier, at the time of commencement of, FMLA leave, that lie qualifies as a "key" employee
and the potential consequences with respect to reinstatement and maintenance of health benefits
if the District determines that substantial and grievous economic injury to the District's
operations will result if the employee is reinstated from FMLA leave. At the time it determines
that refusal is necessary, the District will notify the "key" employee in writing (by certified mail)
of its intent to refuse reinstatement and will explain the basis for finding that the employee's
reinstatement would cause the District to suffer substantial and grievous economic 1'11JUry. If the
District realizes after the leave has commenced that refusal of reinstatement is necessary,, it will
give the employee at least ten (10) days to return to work following the notice of its intent to
refuse reinstatement. If the employee does not return to work in response to the notification, the
employee continues to be entitled to maintenance of health benefits for the remainder of the
leave period and the District may not recover its share of the employee's health benefit
premiums. If such a "key" employee then requests reinstatement at the end of the leave period,
the District will again determine if his reinstatement will cause substantial and grievous injury
and, if Sol) will so notify the employee in writing (via certified mail) of the denial of
reinstatement.
M. Employment During Leave. Ali employee on FMLA leave may not accept
employment with any other employer without the District's written permission. Ali employee
Mio accepts such employment will be deemed to have resigned from employment at the District.
7.04. Pregnancy Disability Leave_(PDL).
A. Purpose. This policy explains how the procedures applicable under the
California Pregnancy Disability Act, (Government Code Section 12945), which require the
District to give each female employee a reasonable leave of absence of up to four months, as
needed, for the period(s) of time a woman is actually disabled by pregnancy, childbirth, or
related medical conditions.
B. Employee Eligibi_lity Criteria. To be eligible for Pregnancy Disability Leave
PDL), the employee must be disabled by pregnancy childbirth, or related medical conditions.
C. Events Which May Entitle an Employee to FMLA Leave. The four-month
Pregnancy Disability Leave (PDL) allowance includes any time taken (with or without pay) for
any of the following reasons:
1. The employee is unable to work at all or is unable to perform any one or
more of the essential functions of her job or is unable to perform any one or more of the essential
functions of her job without undue risk to herself, the successful completion of her pregnancy, or
to other persons because of pregnancy or childbirth or because of any medically recognized
physical or mental condition that is related to pregnancy or childbirth (includin severe MO * 9 Ming
20 08/28/01
sickness); or
I The employee needs to take time off for prenatal care.
D. How Much Pre nary y Disabil' t Leav May Be, Taken. PTeg .an cy
Disability Leave (PDL) may be taken in one or more pefiods, but may not exceed four months
total, "Four months" means the number of days the employee would nom -sally work within fotir
months. For a full-time employee who works five eight-hour days per week, "four months"
means 88 working and/or paid eight-hour days of leave entitlement, based on an average of 22
working days per month for four months. Pregnancy Disability Leave (PDL) does not count
against the leave available under the District's policy on Family Care and Medical Leave,
E. Pay During rianev Disability Leave 22L
1, An employee on Pregnancy Disability Leave (PDL) may use all accrued
paid sick leave, vacation time and holiday leave at the beginning of any otherwise unpaid leave
period.
2. All other Pregnancy Disability Leaves (PDL) are unpaid leaves.
3. rhe receipt of vacation pay, sick leave pay; or State Disabiltty Insuranec
benefits will not extend the length of the Pregnancy Disability Leave.
4. Employees will continue to accrue vacation, sick leave, and holidays
during any period of unpaid FMLA leave only until the end of the month in which unpaid lave
began. Provided that, such benefits shall continue to accrue during that poilion of the FMLA
leave for which the employee has substituted already-accrued leave, but such be-nefits shall not
4continue to accrue once the employee has exhausted all other accrued leaves,
F. Health Bcnefits.
1. Heaftb, vision,, dental coverage's and I.Ife insurance benefits will continue
to be paid by the District for a period not to exceed either four (4) months during any approved
Pregnancy Disability Lea ve(PAL ), or during an period in which the employee uses other
accrued leave, whichever occurs later. Tf the employee wishes to continue health, vision, dental
coverage and life insurance after the four - month period or accrued leave period has expired, the
employee will need to pay the District the premiums one month ahead of the month of coverage,
and must fill out the forms to apply for COBRA (Consolidated Omnibus Budget Reconciliation
Act of 1985). The fog. -is and premium amounts are available in the finance department upon
request.
1
2. The District may recover prerniums paid for maintaining health benefits
coverage during any Pregnancy Disability Leave (PDL) if both of the following conditions
OCCUr:
a) The employee fails to return from leave after the approved leave bas
expired. A-11 employes deemed to have failed to return from leave if she works less than thirty
3 0) days after returning from leave.
b) The employeie's failure to return from leave is for a reason other than
the continuation, recurrence, or onset of a serious health condition that entitles the employee to
2 1 08129101
leave, or other circumstances beyond the control of ffie employee.
G. Seni An employee on Pregnancy Disability Leave (PDL) remain sate
employee of the District and the leave will not constitute a break in sei-vice. Wheel the C111ployee
retums from Pregnancy Disability Leave (PDL), she will return with the sane sen for itysire h*',id
when the leave conamenced.
11. Medical Certifications.
I - An employee requesting a Pregnancy Disability Leave (PDL) must
provide medical certification from her health care provider on a fomi supplied by the .district.
Failure to provide the required certification 'in a timely manner (within 15 days of the leave
request) may rcsult in denial of the leave request until such Certificati i rovided. A I ton is p i
2. Re-certificati"ons are required if leave is sought after expiration of the
time estimated by the health care provider. Failure to submit required re-certifications can result
in terniination of t leave.
How Per n4 ct.Disability Leave (PPL is Re ted aM Scheduled.
I An employee should request Pregnancy Disabil' i ity Leave (PDL) by
cornpleting a Request for Leave form and submitting it to the Finance Department, An employee
asking for a ReqLiest for Leave foi-m will be given a copy of the District's then-current (PDL)
policy.
2. Employees should provide not less than thirty (30) days' notice, or such
sborter noticc as is practicable, if the need for the leave is foreseeable. Failure to provide such
notice is grounds for denial of a leave request, except if the need for (PDL) was an emagcney or
was otherwise unforeseeable.
I When possible-, employees must make a reasonable effort to schedule
foreseeable planned medical treatments so as not to unduly disrupt the Districts operatiolls.
4. Pregnancy Disability Leave (PDL) may be taken intermittently or on a
reduced leave schedule when medically advisable, as determined by the employee's health care
provider.
5. If an employee needs it tem-uttent leave or leave on a reduced leave
schedule that is foreseeable based on planned medical treatment, the employee may be
transferred temporarily to an available alternative position for which she is qualified that has
equivalent pay and benefits that better accommodates recuiTing periods of leave thal) the
employee's regular position.
6. In most cases, the District will respond to a (PDL) request within two (2)
days of acquiring knowledge that the leave qualifies as (PDL) and, in any event, within ten (1 0)
Idaysofreceivingtherequest. If a (PDL) request is ,granted, the District will noffy the employeeinwritingthattheleavewillbecountedagainsttheemployee's (PDL) entitlement. This notice
will explain the employee's obligations and the consequences of falling to mect those
expectations.
2 1.
1 - 08/28!0 1
Return to Work,
I On timely return at the expiration of the (PDL) period, an employee is
c I i djitfledtothesamepositionun1jusstheemployeewouldnototherwisehavebeenemploye in
the same position at the time reinstatement is requested for legitimate business reasons unrelated
to the employee's (PDL) or eacb means of preserving the job for the employee (such as leaving It
unfilled or filling it with a temporary employee) would have substantially undennined the
District's ability to operate the business safely and efficiently. If the employee is not reinstated to
the same position, she must be reinstated to a comparable position unless there ' is no comparable
position available or a comparable position is available, but fiffing that position with the
returning ein-ployee would substantially undenmine the District's ability to operate the businessA *
safely wid efficiently. A "comparable" position is a position that involves the same or similar
duties and responsibilities and is virtually identical to the employee's original position in terms of
pay, benefits, and -workbig conditions.
Whrm a request for (PDL) is granted to an employee, the District will
give the employee a written guarantee of reinstatement at the end of the leave (with the
limitations explained above).
3. Before aD eniployee will be pennitted to retum from a Pregnancy
Disability Leave (PDL) of three days or more, the employee must obtain a certification from her
health care provider that sbe is able to resume work.
4. If the employee takes FMLA leave for reason of the birth of her Child at
the cxpiration of her Pregnancy Disability Leave (PDL), her right to reinstatement is govemed
by the Family Care and Medical Leave policy (FMLA) and the Califomia Family Rights Act
CFRA), not by this policy.
5. if the employee can return to work with limitations, the District will
evaluate those limitations ands f possible, will accommodate the employee as required by law. if
accommodation cannot be madel the employee will be medically separated from the District.
K. Employment During Leave. An employee on (PDL) may not accept
employment with any other employer without the District's wn'tten permission, An employee
wilo accepts such employment will be deemed to have resigned from employment at the District,
7.0-15. Medical Leaves of Absence for Oc ational Disabilities.
A. Re pests for Leaves of Absence. A leave of absence shall be granted
upon written request to any full-time or part-time employee who sustains a work-related
disability.
B. Corm en ratio n. An employee injured in the line of d-uty will be
coraperisated by the District for the lifer cc bctween his regular pay and the worker's
compensation payments for a roaxinium of four (4) montbs. Sick leave or annual leave,, if
available, may be takeD for additional time off on a pro-rated basis; total benefits shall not
exceed wages or salary at time of injury.
23 09/28101
C. Accrual of Benefits. Employees will continue to accrue all benefits, e,g,,
vacation, sick time, holidays, etc., during the first six (6) months of an approvcd leave of
absence. However, no tenure or benefits will accrue after such six (6)months if the employee I's
still on a leave of absence until such time as all accrued vacation and sick leave are used,
D. Coordination of Benefits. A leave of absence for a work-related disability
will be coordinated with worker's compensation, short-term and long-term disability, or any
other benefits provided to the employee in an effort to minimize the impact of a leave of absence
for both the employee and the District.
E. Notification Requirements, It is employee's responsibility to provide the
General 1 4anager with the following information in writing as soon as be becomes aware of the
need for the leave of absence.
I The reason the leave of absence is being requested.
2. The anticipated dates the leave of absence will begin and end.
3. A physician's certificate or other medical proof acceptable. to the CieneTal
Manager indicating the nature of the disability,
4, Periodic updates to the employee's supervisor or General Manager at least
every thirty (30) days conceming the employee's status,, expected date of return, and continued
intent to return to work upon expiration of the leave.
5. Immediate notification of the employee's supervisor or General Maaiager
of a need to change to the duration of the leave of absence. %..
I'
F, Employer Requirements, The District will retain employees on an extended
leave of abscnee for work-related disabilities until one of the following situations takes place:
The employee is released for full or partial duty.
2. The District receives satisfactory medical evidence that the emplovee will
be unable to return to work, .
1
3. The employee resigns or actually or constructively informs the
District that he does not intend to return to the District's employ,
G,, Rctum to Word.. Before returning to work following a leave of absence for a
work-related disability, an employee must submit a physician's verification stating ti e
ei-nployee's ability to refurn to work and the date that he is able to return..
7.06. Catastrophic Leave.
A. DefinitiOn. Catastrophic Leave is an approved Leave of Absence due to a
verifiable long-term illness or injury resulting in either physical or mental impairment. Job
and/or personal stress (riot the result of a diagnosed mental disorder) is specifically excluded
from entitlement to Catastrophic Leave. A statement from the employee's treating physician,
24 08/281DI
subject to review and approval by the District's Occupational Physician, is required,
B, Ap Ip.]..icahon. The employee on an approved Medical Leave of Absence
who is receiving Catastrophic Leave can continue to cam benefit monies Pursuant to the forty-
one (41) hours per pay period requirement of the Flexible Benefit Plan set forth in Section
9.0l.A.3.b. of these Personnel Rules. An employee receiving leave under this program is not
eligible for receipt for any accruals such as vacation', admim'strative leave, annual leave, or sick
leave.
C. Eligibility,
1. Catastrophic leave is only available to employees on regular,Don-
probationaty status with the Distn'ct.
2, The employee must meet all of the following criteria before lie becomes
eligible for Catastrophic Leave donation:
a) Bc on an approved medical leave of absence for at least thirty (30)
calendar days (lit} working bours) exclusive of an absence due to a work related 'Injury and/or
illness; and
b) Submission of a doctor's off-work order verifying the medical
requirement to be off work for a minimum of thirty (30) calendar days (160 working hours); and
c) Exhaustion of all available leave balances; and
d) Recordation of at least eighty (80) hours of sick lave without pay.
3. A-n employee is not eligible for Catastrophic Leave if he is receiving
State Disability benefits, short term disability benefits, long term disability benefits or workers'
compensation benefits. An employee eligible for short ten-n disability and state disability
insurance must first utilize and exhaust said bencfits.
D. Donation.
1. Vacation, holiday, or administrative leave,, as well as compensatory time,
may be donated by employees only on a voluntary and confidential basis, in increments of eight
8) hours, not to exceed a total of fifty percent (50%) of a donor employee's annual vacation,
holiday, administrative leave, or compensatory time accrual per employee. The donation may be
made for a specific employee on time frames established by the General Manager. The donee
en-iployee receiving the Catastrophic Leave will be taxed accordingly.
2. The donation shall be for the donee employee's Catastropbic Leave only.
T'he total donation allowed to any one employee of the District shall be limited to one thousand
forty (1040) hours per fiscal year.
3. Donor hours shall be contributed at the donor's bourly base salary rate and
be, converte() to the donces hourly base salary, exclusive in both instances of overtime,
differentials, and the like, as the singular purpose of this program is to provide financial
assistance to the donee employee.
25 08/28/0 1
4. Any donated time unused by the donee employee for the medical
emergency shall remain in the donee.'s accruals to be utilized as follows:
a) An cmployce on Catastrophic leave who has received the approval
of his physician and the District's Occupational Health Physician to retum to full time work shall
have all unused Catastropbic Leave converted to an equal amount of sick leave which will be
1 ^7available (o the employee according to the applicable provision of Sectiot 0,02 of these
Persomiel Rules.
b) An employee on Catastrophic Leave who has received the approval
of his pbysician and the District's Occupational Health Physicizai to retuni to work on a part time
basis (-. e shstan the employee's normally scheduled hours of wot-k per pay period) may record
each pay period a combined total of work time and Catastrophic Leave not to exceed the lesser
of eighty (80) hours or the employce's nonnally scheduled hours of work.
5. The General Manager may impose other terms and conditions on the
donation as deemed appropriate, and may charge the Catastrophic Leave donation for the. actual
adininistrative costs incurred by the District,
6. Solicitation of donors shall be regulated by the District's Personnel
Department. n names of the donors shall be confidential and the privacy riphts of the donee
shall be protected to the extent peiniitted by law.
7. All donors and donees shall sign release fonais to be prepared and
retained by the District's Personnel Depattment.
8. An employee will not be allowed to donate hours of leave if his resulting
sick leave balance drops below 156 hours,
E. Implementation, The District shall meet and confer with representailves of
the employees regarding issues arising from the implenien tat ion of this program.
7.07. Other Leaves Without Pay,
A. Leave Without . Absence without pay is leave without pay and shall be
granted only upon request of the employee through the Tecon-imendation of the General Manager
to the Board of Directors,
1. Except as otherwise provided herein, the increments of sick leave arid
vacation time shall not accrue when an employee be been absent without pay.
2. Service credit shall not be lost as a result of an approved leave of absence
witbout pay.
3. During a leave of absence without pay, the employee shall be responsible
for paying the entire cost of the employee's own group health insurance.
B. Procedures. The District may require an employee, retuming from any
leave without pay for any reason to have a pbysical examination to determine his fitness to work.
26 0828'01
7.08. Authori zed Leaves.
A. Militar Military leave and regulations for pavment pertaininLeave. I _g
thereto shall be in accordance with any applicable provisions of Federal and State law. All
employees entitled to Military leave shall give the General Manager the opportunity within the
units of military regulations to determine whether leave shall be taken.
B. Court Leave.
Court I eave shall be granted for the purpose of attending court as a
witness under subpoena of a duly-constituted court or for iury duty. I'll .11
2. An employee shall submit a Request for Leave of Absence form for the
General Manager's approval for the time required for court service.
3. Employees on court leave will be required to produce a certificate. from
the court which shows the dates of attendance and an itemized account of any co miler satin ii
received by them for such services.
4. Any fees or compensation received by reason of such court attendance in
connection WWI court service must be delivered to the District's Chief Financial Officer. The
employee shall then -receive his regular rate of pay during the period so served; however, any
amounts of payment received for such service shall be assigned to the District.
5, 'The District may request a defennent of jury duty.
C. Bereavement Leave. An employee shall be granted necessary leave of
absence without loss of pay not to exceed five (5) workdays on account of the death of a member
of his Immediate family. This bereavement leave shall be deducted frorn his sick leave. Member
of his immediate family is defined as parent, spouse, child, brother, sister, mother-in-law, father-
in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, graindchild, step relation, and
ward of the employee.
SI F.CTION 8. BENEFITS.
8.01. Insurance. In order to protect its employees and their families in the event of
an accident or illness, the Di. stn'ct provides and contributes payments for them, to the following
insurance Plans:
A. Flexible Benefit Plan.
1. District Contributions. The District shall contribute $530.00 per
month, per employee, to a Flexible Benefit Plan beginning with the June 30, 2001 payroll period,
2. 2o ns, The Flexible Benefit Plan shall include the following options:
a. Health and Dental Insurance. Under this option, the District will
make available the existing healtb and dental insurance program. c=ently maintained for its
employees, or any otbcr program(s) mutually agreed upon by the District and the employees.
27 08/2R/01
This option ailows for a monthly allowance toward the combined total premium for such
insurance. Employees must enroll in one of the health and dental programs offered by the
District at least to the level that provides such insurance coverage for th individual employees
and family respectively. Premiums for such coverage may be paid in whole or in part by
selecting this option. Any portion of premiums not covered by selection of this option shaN he
automatically deducted from the employee's paycheck.
b. Llfc Insurance. Under this option, the District will provide an allow-
ance to an employee for life insurance.
I li Iib Ii ty.
a. Election. All employees in regular positions shall be eligibIc to
participate in the Flexible Benefit Plan described here-in. Each employee may select annong the
options indicated and specify that portion of the plan inonies to be applied to the selected
options. Selection must be in increnients of one dollar ($1. 0),
b. Criteria. All eligible full-time employees must receive a minimum
of forty-one (41) hours per pay period to be eligible to receive the benefit of the Flexible Benefit
Plan. All eligible permanent part-time employees must receive a minimum of one-half (1/2) of
their regularly scheduled hours, plus one (1) additional hour, per pay period. -Permanent part-time
employees shall receive pro-rated benefits as follows'.
112 - 3/4=50%
314 - 1/1 = 75%
c. 'Cover
1) Group Health Insurance. An eligible employee shall
enroll no later than his or her sixtieth (60") calendar day of employment with the District,
2) Dental Insurance, An eligible employe shall enroll no
later than his or her sixtieth (60"') calendar day of employment with the District. Employees
must cover their dependents, cxcQpt a spouse o active military duty.
3) Grow Life Insurance. Employees who wish coverage are
eligible on the first of the montb following their date of employment with the District.
d. Leave Without Pay. Employees who are on leave of absence
without pay shall not be eligible to receive any benefits under the District's Flexible Benefit Plan.
4. Treatment, Any portion of the benefit plan allowance dispersed to the
employee shall be treated as casb.
13. Disabill
I . Availabili!X. State Disability Insurance is availabIc when an employee
is unable to work due to illness or an accident not related to the job. It may also be payable
when temporary Worker's Compensation entiflernent is at a rate less than the daily benefit
aniount for disability insurance,
28 08/28/0)
2. Cash Pavment of Unused Sick Leave. Employees who receive a
disability refiremem due to permanent incapacity to work shall be entitled to one hundred percent
100%) cash payment of any unused sick leave balances, computed at their then "rrent base
hourly rate, if they elect an early reurement in lieu of exhausting such accrued sick leave
balances. In the event of death resulting from occupational injury, cash payment shall be made to
the employee's estate,
C. State Workers' C ensation. Employees may be provided with up to
niaxi mum of three consecutive days of unchangeable lea-%,,e following an occupational injury
under the Workers' Compensation Act of the State of Califomia.
1. intent, When an employee is out on an industrial injury, no chargeL)I%w
will be made to leave benefits for the first three (3) days. Any payments from Workers'
Compensation will be applied first to repurchase sick leave or vacation used, next to reimburse
the District for the first three (3) days., and any balance would revert to the employee, It US the
Iintent of this provision to provide full benefits where possible, but shall not be construed to allow
the employee to receive windfall inconle.
2, Procedures.
a, The deduction by the District from the employee's accumulated
sick leave shall be II'mited to the same percentage as the amount due from Workers'
Compensation bears to the amount paid by the District, (For example, If an employee of the
Di strict entitled to $123 00 p er day from the District rece ives $9.0 from Workers' Comp ens ati on,
the difference of S3.00 per day shall be paid by the District. In calculating the corresponding
deduction from such employee's accumulated sick leave, sucb deduction shall be in the same
proportion - i.e., 1/4 of a day.)
b. All Workers' Compensation funds received by an employee of the
District shall be turned over to the District's Payroll Department in order for the employee to
continue to receive, full benefits.
c, While benefits are chargeable to sick leave, only that percentage
oft ie employee's salary which is paid by the District will be so cbarged.
d. District Payroll checks will not be issued until all Workers'
Compensation funds received by the employee are turned over to the District's Payroll
Department,
e. if an employee is unable to return to work within thirteen (13)
weeks following the injury, benefits may be sea fable through State Disability Insurance.
8.02. Uniforms. To the extent that the District requires its employees to wear
specific uniforms, the District will provide its employees with such unifom-is and bear the cost of
the regular cleaning, maintenance, and replacement thereof The District will also reimburse up
to $100.00 per year for the purchase of safety-toed shoes required to be wom by its employees in
certain departments.
29 OW29/0 I
8.03. Employee Retention Incentive Pr
A. Incentive # Upon continuous length of service with the District for the
following periods of time, employees of the District may receive a corresponding annual luny p
sum payment in the first pay period in December:
Aftcr 10 years tluough the end of 14th year S125
After 15 years tHrough end of the 19th year $250
After 20 years through the end of the 24th year $375
After 25 years $500
B. Effect of Retirement. In the event an eligible employees retires fro in
District service pn'or to the first pay pen*od in December of any year, that employee will receive
the Employee Retention Incentive for that year at the ttme of retirement.
8.04. Retirement.
A. Health Insurance, District employees who retire with a minimum of twenty
20) years of District service will receive health insurance coverage for diemselves and their
Spouse Until such time as the retired employee is eligible for Medicare. The Distfict will pay the
actual prernium amount up to a maximum of $350.00 per month, Unless it is unavailable, the
retired employee shall obtain his or her health 'insurance from PERS.
B. PERS Contract, The Distn*ct has entered into a contract with (PERS) for the
purpose of providing the "2% @ 55 Retirement Fonnula", die "Military Buyback" provision, and
the "Survivor Level 4 Benefit" to the District's employees. All costs associated therewith shall
be tome by the District.
SECTION 9. VACATIONS.
9.01, Availabi . Vacation with pay is made available in the interest of the District
for recreation, health., and well-being of the employees, subject to approval by the Qenera)
Manager.
9.02. Approval. Vacation pen*ods shall be taken with the approval of the General
Manager at such times as will not impair the work schedule or efficiency of the District.
9,03. Eligibll4y- A regular employee's entitlement to eared vacation is based on his
length of service and shall accrue as follows.-
A. ' Earned Vac ' ation. Annual vacation leave carnet shall be one-hundred and
four (104) hours a year up to three (3) years, one-hundred sixty(l60)hours a year from three (3)
years to fifteen (15) years; two-hundred eight (208) hours a year from fifteen (15) years or more.
If District Service is-,
Fewer than 3 years
3 - 15 yeats
15 years or more
Amount of Vacation Leave Eamed
Armual Leave Accrual is.-
104 hours per year
160 hours per year
208 hours per year
Accrual for eaci, full pa Een*od is:_1
4 hours
6.1538 hours
8 hours
30 GV28JO I
B. Accrual. Annual vacation is not available to an employee until he has
completed one-hundred eighty (180) calendar days of continuous service with the District,
C. A justnients. Anniversary dates may be adjusted if the employee is on
leave of absence or in any other non-pay status in excess of thirty (30) consecutive calendar
days. Vacation leave shall not be earned ding such periods of non-pay status.
D. Accumulated Vacation Time. Amual vacation leave may be accumulated
for use in succeedina years but the maximum amount that can be carried over from one calendar
year to the next i's 30 days (240 hours), or the amount accumulated as of the beginning of the
calendar year, whichever i's greater.
E. Termination. Employees, upon separation from the District, shall be paid a
cash lump sum at their then current rate of pay for any unused annual vacation leave. Vacation.
leave granted pn*or to its having been earned shall have its monetary value deducted from the
final pay of an employee who terminates.
F. Vacation as Sick Leave.
and medical leave or pregnancy
other illness or injury upon the
election, transfer up to forty (40)
year.
Vacation time may be used in lieu of family care
disability leave without pay, Vacation time may be used for
approval of the General Manager. Employees may, at their
hours of vacation time to their sick- leave account once each
G. New Km I accrue vaca- plo Lees- Newly -hied employees on probation do not
tion entitlement. However, at the completion of the probationary period, vacation accrual is
retroactive to the date of ire_
H. Pa v In-Lieu of Vacation. If an employee has accumulated over for (4)
weeks 0 60 hours) of vacation. one (1) week's pay (40 hours) may be requested and granted in
lieu of one (1) week's (40 hours) vacation allowance per year, provided that the employee has
taken, or has approval to take, at least ten (10) days of vacation, five (5) days of which shall be
continuous. Each such request is subject to the approval of the General Manaaer.
9.04. Schedu!.
A The time which vacation leave may be taken and the amount granted du* nng
an particular period are matters of administrative discretion based on District needs, except that
no employee sball lose earned vacation leave because of the urgency of work.
B. Scheduling of aimual vacation leave must be approved M" advance by the
employee's supervisor and the Distn'et's General Manager, except in cases of emergency.
C. Work requirements and the interest of the employee are the determining
factors in approving vacation schedules.
D. Preference in the initial selection of vacation dates will bo granted based on
the length of service.
E. When an approved holiday falls within a vacation period, the employee shall
3 1 08/28/01
iint be charged for such time.
9.05. Procedure.
year.
A. All annual vacation requests must be submitted prior to February I st of each
B. Vacation sclicdules will be maintained and posted.
C. A change in the rate of aruival vacation leave accrual shall take effect in the
pay period following the one in which the employee completed the required length of service.
D. No annual vacation leave shall accrue for fractional parts of bi-weekly pay
periods falling at the beginning or ending of service.
E. Vacation leave may be used in lieu of sick leave if the employee desires upon
the approval of the General Manager.
SECTION 10. HOLIDAYS.
10.01. Fixed Holidays. Employees appointed to full-time regular positions shall be
eiintled to the following annual fixed holidays:
New Year's Day
Mart*n Luther K'n I11g's ffirthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
January I
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
November 11
Fourth Thursday in November
December 25
10.02. Weekend Holidays. When any of the fixed holidays, other than those
specifically set for a Monday, fall on Sunday, they will be observed the following Monday; and
if any such holiday, other than C11ristmas or New Year, falls on a Saturday, they will be observed
the preceding Friday. In addition, a full working day the Friday after Thanksgiving, as well as a
full working day before Christmas and New Year's, shall be allowed.
10.03. Employment Status.
A. Regular employees must work the day before and the day after a fixed
holiday to be eligible for holiday pay unless such absence is approved by their supervisor.
B. Exempt employees required to work on a holiday will be given another day
off.
C. Wlicncver a monthly rated employee is required, due to the nature of his
position, to work on an approved holiday, the employee shall be given the equivalent time off at
a subsequent date to be determined by the employee's supervisor and/or the District's General
Manager.
32 08/28/01
10.04, Vacation. When wi approved holiday falls within an employee!s vacation
period, the employee on vacation shall not be charged for that day,,
SECTION I 1 -0 REIMBURSEMENT.
11,01. Use of Ph-vate Vehicle. The use of a pr ate vehicle on DI strict business shall
be by approval of the General Manager. Employees will be reimbursed at the rate established by
the Board for the use of a private vehicle in District business. District vehicles shall be used
vlie-never possible on District business and shall be kept well-serviced, Distfict credit cards
i,-hould be used to buy gasoline, oil, etc. for District vehicles. These credit cards shall not be used
Or private vehicles or private expenses,
1.02. Expense Vouchers. All expenses shall be submitted to the employee's supervisor
on an expense voucher to which receipts for all expenses shall be attached. Receipts must
Adocumentwhere, for what purpose, and with whom the expense was incurret-i.
Petty Cash. A petty cash fund shall be maintained for employees to be
reimbursed for authon'zed miscellaneous daily District purchases. Such cash must be kept in a
locked safety box. All withdrawals shall be accounted for by a dated and signed receipt. The
petty cash fund shall be replenished as necessary,
10?
SECTION 12, ATTENDANCE AT CONFEREi NCES AND MEETINGS.
12.01. Reimbursement or Pa The Distn*ct may reimburse or pay the cost for
employees to attend conferences, conventions and meetings when attendance is of benefit to the
District.
12, 02. kpproyal for AttendaMe. Approval must be obtained from the General
Manager prior to an employee attending any conference, convention or meeting. Approval shall
be at the discretion of the General Manager.
Sf:CTION 13*
13.0 t. AuthonzatIOD. Credit cards to be used by employees of the District carrying
out their official functions shall be obtained in the name, of the Distfict. Credit cards obtained
shall include the generally - accepted credit cards recogm*zed in most businesses.
13.02. Responsible P . The General Manager shall be responsible for obtaining
wid the safe-keeping of authorizcd credit cards. Credit cards may be obtaffied by written
autborization from the General Manager. All credit cards shall be turned in upon termination of
employment.
13.03. Official Business. Credit cards shall be used only on official business by the
employees. Those individuals utilizing the credit cards shall be requi-red to turn in receipts
documenting where, for what purpose, and with whom the expense was incurred.
SECTION 14, WORK PERIFORA4ANCE.
14.01, Conduct. The District requires that its cmployees meet reasonable standards of
33 08128/01
conduct, perfomic,ince, and dress which shall reflect favorably upon themselves and the District.
14.02. Attendance.
A. The General Manager shall ensure that accurate and current records of
attendance, absences and status of employees, including sick leave and vacation accrued and
allowed, overtime for such employee, and related matters, are maintained by the District. SLICII
records shall be available for the employee's inspection, and may be utilized by a supervisor
and/or the General Manager in evaluating any proposed discipline and/or termination of ail
employee.
B. Super-visors should monitor employee attendance, and take appropriate
counseling or other disciplinary actions as deerned appropriate on a case-by-case basis.
Employee attendance will also be reviewed and considered by the supervisor when considenng
an employee's annual performance evaluation.
14.03. Work Performance Evaluation.
A. . A work performance evaluation shall be completed by the employee's
im-mediate supervisor within sixty (60) working days prior to the employee's step advancement
date. Upon an employee's attainment of the "E" step, performance evaluations are required
annually. If such employee is evaluated as "meets job standards" or better, the employee will be
granted the salary increase effective on the employee's salary advancement date. The
employee's immediate supervisor shall notify the employee in writing of inadequate work
performance no less than thirty (30) calendar days prior to the employee's receipt of the work
performance evaluation.
B. If no work performance evaluation is filed, or if an employee receives ail
overall "unsatisfactory" or "improvement needed" evaluation, the employee's step advance may
not be granted oil the date due.
C. In cases where no work performance evaluation is filed, an employee should
contact his supervisor, who must complete and file the work performance evaluation within five
5) working days.
D. In the event of any dispute arising out of the content of a work performance
evaluation, the employee may submit a written statement to be attached to his perforniance
evaluation and maintained in his personnel file. Any dispute arising out of a work performance
evaluation with an overall rating of "Improvement Needed" or "Unsatisfactory" may be
processed in accordance with the procedures contained in Section 16 of these Personnel Rules.
SECTION 15. PERSONNEL RECORDS.
15.01. Inquiries.
A. All requests for information pertaining to personnel records, includinginquiriesfromoutsidetheDistrict, i.e., requests, for references regarding past employment, will
be directed to the General Manager or his designee.
B. Request for information by telephone will be limited to: Job Title, Salary
34 08128/01
Range and Length of Service.
C. Requests for infon-nation other than in Subdivision "B" above shall be in
writing and provided Only upon written authorization of the employee, or as otherwise required
by law. A copy shall be retained in the employee's personnel file. This includes confirmation
requests for salary data as well as employment references.
15.02. References. Information as to the employee's job history and performance may
be released only with the written approval of an employee or former employee. This provision
shall be explained to separating employees at an exit interview and at that time the employee will
be given the opportunity to sign such a release.
15.03. Inspection.
A. Access to personnel files shall be restricted to authorized District employees.
B. Employees may inspect their personnel files at reasonable times during
District office hours under the following conditions:
1. Upon request by an employee or his representative, and in the presence
of the General Manager or designee.
2. For a supervisor's or General Manager's confidential use in colillection
with a personnel matter.
C. The District will cooperate with federal, state, and local government agencies
investigating an employee if the investigator furnishes proper identification and proof of legal
authority. The District may permit a govern rent investigator to review a personnel file on
District premises based on submittal of identification and proper legal authority, as determined
by the General Manager and the District's legal counsel. The investigator shall not be allowed to
remove or reproduce this information unless (1) with the consent of the General Manager and the
District's legal counsel, or (2) the written consent of the employee, or (3) as otherwise required
by law or court order. The employee may be notified of such review unless prohibited by law or
court order.
15.04. Retention. original personnel records shall be maintained by the District for a
I
period of five (5) years after an employee's separation. After that time, the original records may
be micro-filmed, or scanned and destroyed.
15.05. Medical Files. Access to an employee's medical files is restricted to the employee
and the General Manager or his designee. Medical information shall be released by the District
only upon written authorization from the employee or to persons and/or agencies who are legally
entitled.
35 09/29/01
GRIEVANCES.
16-01 , General.
A. Scope. A grievance procedure is hereby established in order to Promote
employer/eniployee relations by establishing a nicans to determine the validity of claims by an
employee that the District has violated or misapplied any provisions of the Personnel Rules
concerning the interpretation of application of specific provisions of the Persomiel Rules
governiDg persoraiel practices or working conditions at the District. The grievance procedure is
de sip-led to resolve such claims as close as possible to the point of origin as informally as
possible. No en-iployee. shall suffer ffreprisal because of filing or processing a anevance or
participating ii) the grievance procedure, so long as the filing of such grievWice was made iii a
reaSO]Iable, good faith belief flint there were grounds to file such grievance,
B. InaRplicabilit . Imposition of discipline shall not be subject to the
grievance process, No employee shall have the right to file a grievance over any of the following
actions.* (1) termination from employment, (2. disciplinary actions taken or Imposed)
or reduction in fbrce dec's'
W (
3) layoff
i tons or implementation; (4) any perfounwise evaluations; or (5)
alleged discrimination, retaliation or harassment in violation of Section 2.04 of these Rules, or
6) any other actions of the District or employee thereof which do not pertain to personnel
practices or working conditions at the District.
16.02. Process. All brie vances shall be initiated at ffic informal step and progress
accordingly.
A. Informal
I At this step, an employee shall discuss the grievance with his immediate
supervisor within five (5) working days after he knows or reasonably should have known the
occurrence of the incident giving rise to the grievance,
2. The immediate supers -risor shall attempt to achieve an equitable solution
within five (5) working days after discussing the grievance and will notify the employee as to flie
proposed resolution,
B. Fomial Step.
I - 1f the gn'evance has not been resolved at the informal step, the employee
may sub . t a written grievance to the General Manager within five (5) working days after
receiving the informal response from his immediate supervisor.
2. Within five (5) working days from receiving the written grievance., the
General Manager shall respond to the employee in writing.
3. If the employee is -not satisfied wit b the General Manager's resolution,,
tie grievarice shall be submitted in writing to the Board of Directors, tlirougb the General
Manager, within five (5) worklag days after receipt of the General Manager's writt-en response.
4. The Board shall respond to the grievaiiee within thirty (30) calendar
days, or as soon as inutually convenient. The decision of the Board of Directors is final and
36 08/28#01
binding.
C, Time Limits. All time Limits shall be strictly construed, but may be
extended by mmual agreement evidenced in writing and signeA by a duly autbori zed
reprey elitative of the Distn'cL and the grje,,vant- Failure of the employee to comply with the tirne
deadlines for filing a grievanCC., or any appeal of any stage of a grievance, shall constitute a
waiver and bar furtber processing of the, grievance. If appeal I's not made within the time limits
indicated,, the grievance will be considered to havc been settled on the basis of the last deciSi0D
rendered. may grievance not responded to within the prescribed time limits as described in this
Section will be ao tom atically advanced to the next higher step unless the time limit is extended
by miaual written agreement.
16.03. Re resejitation. A-n employee may, at hjs own expense, be represented by
counsel at any fitne during the grievance process.
SECTION 17. DISCIPLINARY ACTIONS AND TERMINATION.
17.01. Application, Employees shall be subject to discipline in accordance with these
provisions.
A. R ular Emvloyees. A regular employee may be demoted, reduced in
salary step, suspended, or dismissed only for cause.
B. Probationary employees,
temporary employees and hourly employees are at-will employees serving at the pleasure of the
General Manager, and may be disciplined, dismissed, demoted, reduced in salary step, or
suspended without cause, prior notice,, right of review, or appeal.
17,02. Types of Discipline. The followiw4 disciplinary actions may be taken against
any employee of the District by the General Manager or his designee.
A. Wamings and R primands. Oral or written warnings and repnmands. A
record of an oral wamirig, and any written warilings, may be filed in the employee's personnel
file, The waming or reprimand shall be signed by the supervisor and the employee. The
employee's signature acknowledges receipt of the warning or reprimand and of the document
only, The employee may file a response to the warning or re parr and, but seal -have no further
right of appeal.
B, om Absence without pay directed as a disciplinary action. A
suspension in excess of twee (3) days may be appealed by the suspended employee in
accordance with the section. Tn the event of a suspension of three (3) days or less, the employee
inay rile a response but shall have. no further fight of appeal.
C Demotion. Demotion for disciplinary purposes.
D. Dismissal. Discharge from Distnct employment.
17.03. Acknq y t . ,., A written copy of these Rules shall be given to
each employee. The employee sball acknowledge in writing the receipt of such Rules. In doing
sot the employees, act sball constitute presumptive proof of the employee's knowledge and
undeTstandiDg of these Rules, including but expressly not limited to the Rules goveming
37 09/28/0)
disciplitiary actions and procedures.
IT04, Cause for Dis! fin ary Action. The following is a non-exclusive list of
conduct which is declared to be cause for disciplinary action, although charges may also be
based upon causes other than those identified below:
A. Unsatisfactory work performance.
B. MishandliDg, misappropriating, daniagitig, wasting, and/or the =authorized
removal or possession of the funds and/or property of the District and/or any co-worker or
member of the public,
C. Discourteous treatment of the public or of fellow employees, or other conduct
unbccoming an officer or employee of the District.
D. Unexcused and/or repeated tardiness or absenteeism.
E. Practicing deception or fraud in the securing of a job appointment or
promotion.
F. Falsifying or making erroneous entrics or material omissions on an
ei-nplOyMeDt application or other District records.
G. Failure to comply with any order of a court or other tribunal or govemmental
agency,
H. Failure to cooperate with the implementation and application of the District's
Affirmative Action Plan.
1, Using, possessing, or being under the influence of alcohol or unlawful drugs
while on duty, while on District property, or while operating a District vehicle, or other vise
failing to comply with the District's Policy on Drug and Alcohol Testing,
J. Improper with or limitation of service or any action which interferes
with or is disruptive of the District's mission or tends t o injureje the public service.
K, InsubordinatIODor failure to comply with instructions.
Any action whicb is inconsistent with in violation of, -or not in compl' tance
with, these Personnel Rules or any other policies, practices, or regulations adopted by the
District.
M. Conviction of any felony or conviction of a misdemeanor involving moral
turpitude or dishonesty.
N. Violation of the District's Unlawful Harassment Policy prohibiting violence
discrimination, harassment, and retaliation in the workplace,
0. ENridence establishing careicss conduct or willful disregard for the health and
welfare of employces.
38 08128/01
P. Unauthorized political activity during the assigned 110LII-S of duty.
Q. Failure to immediately follow safe working practices or failure to report
promptly an injury.
17.05. Notice of Proposed Disciplinary Action.
A. Prior to issuance of a written order to either suspend, demote, reduce in step,
I- dismiss a regular employee, written notice of at least five (5) working days of the proposed
disciplinary action shall be given before such action is to be taken, and such notice must include:
1. Notice of the proposed action.
Z. Reasons for the proposed action.
3. A copy of the charges stating specific incidences or specific courses of
conduct and a copy of the written materials pertaining to those incidences or course of conduct.
4. A notice that the employee has the right to respond in writing and/or
orally to tile proposed disciplinary action before said discipline is imposed. The notice to the
employee of his right to respond must specify at least a five (5) working day period except as
provided below. A longer notice might be warranted in specific cases because of the volume of
material or complexity of the issues involved but only upon written request and with the
approval of the General Manager.
B. The notice of proposed disciplinary action must be in writing and signed by
the General Manager or the General Manager's designee. Upon receipt of the employee's
response, the General Manager, or designee, shall review the response and deten-nine . the
appropriate course of action. This may include imposing the same level of disciplinary action,
modifying with less severe disciplinary action, or rescinding the notice of proposed action.
17.06. Limitations and Exclusions.
A. Oral notice is insufficient as full notice to an employee and may be given
only as the initial notice in extraordinary circumstances which call for immediate action.
B. Employees may be suspended without prior written notice in extraordinary
circumstances when it is essential to avert harm to the public, other employees, or to avert
serious disruption of governmental business. Extraordinary circumstances include, but are not
Ilimitedto, situations involving misappropriation of public funds or property, working whilc
under the influence of alcohol or drugs, open Insubordination,, commission of a crime involving
moral turpitude punishable by imprisonment for one (1) year, and disruption of the District's
business through misconduct.
39 08/28/01
17,07. Order of Disci plip jjAct ion. Any employee response submitted in
accordance with Section 17-05 will be considered and a detem-unation made by the General
Manav,er or his designee of appropriate action. The imposition of disciplinary action to suspend,
demote, reduce in step, or dismiss is constituted by the written order. Said order is similar to the
DOtiCCof proposed disciplinary action in that it contains the effective date of disciplinary actioll,
the right to appeal and specific charges upon which the disciplinary action is based. The effective
date may be prior to the order, provided the circumstances warranted such iminediate action. The
order shall be signed by the General Manager. Notice of the tinic allowed for appeal and answer
shall be stated in the order. A copy of the order shall be personally served on the employee or
sent by certified mail to the employee's last known address.
17-08. Appeal Procedure.
A. Notice of Appeal and Request for Hears A regular employee may
appeal from an order of suspension of i-.ore. than tyre (3) days, dernotion, reduction M salary
step, or dismissal, and request a hearmor as provided for in these rules. The notice of appeal and4:
request for a hearing must be in writing and must be filed with the District witbin five (5)
woflKing days of receipt of the order.
B. A2pellant's Answer to the Cha If the employee appeals, a writtenW
answer to the charges must also be filed with the District within five (5) working days of the
rccelpt of the order. The answer to the charges must be attached to the notice of appeal and
request for a hearing. The answer must address each cause for discipline set forth in the order
wid iijay state specific facts or reasons as grounds for the appeal. If an answer denying the causes
for disoiplinc set forth in an order is not filed, said causes for discipline will be deemed admitted.
17.09. Hearing Procedure.
A. Review of cal.
After receipt of the appeal and request for hearing, the Board of D
shall revicw the appeal and answer to the charges at an executive session at the next regularly
schedulcd Board meeting subsequent to formal rcecipt of the appeal, or at such later date as
mutually agreed upon by the Board of Directors and the appellant.
1 The Board of DircctorS May elect to have the appeal heard by one of the
following methods within thirty (30) days after their election:
a) A full hearing by the Board of Directors,
b) Appoint a hean'ng officer who shall present findings and a
recommendation to the Board of Directors for a final disposition,
c) Appoint a Disciplinary Review Board comprised of three members:
one member to be selcaed by the District., one member to be selected by the employee, and the
third member to be selected by the two members previously describcd. The DisciplinaryReviewBoardshallpresentfindingsandrecommendationstotheBoardofDirectors
for final disposition.
40 08/28 0 1
11 The Board of Directors shall bavc the final aut[IOTityors all appeals and
may uphold, reverse, or modify the disciplinary action.
4 The Board of Directors shall notify the Appellant in wriLing as to the
goveming hearing proceedings.
B. Hear*
1. Time and Place.
a) Pursuant to the Board's decision ire SeCtIO11 17.09.A., the General
Manager shall take every appropriate action necessary and reasonable to convene a hea-ring
within the time prescribed.
b) The District's representative, the appellant and/or his representative,
and the hearing officer or Review Board shall meet in a pre-hearing conference to determine the
time, place and manner in which the hear'ng will be conducted.
2. Purpo - s - e - , - The purpose of the hearing is to determine the accuracy and the
sufficiency of the facts attendant to the disciplinary action. The Distn'ct shall have the burden of
roo ies may stipulate to certain facts or evidence which shall, be considered withoutpfThepart *
abridgment or adulteration by the hearing body or officers upon which the action was based and
any pertinent information which may establish the truth or falsity of such evidence.
3. Parties. The Appellant and his representative, if any, and the District's
represeDtative shall attend the meeting. Failure of the Appellant, with or without his
or the hearing shall be deemed a
representative, to appear in person at the ti and place set f
withdrawal of the appeal, unless otherwise excused by the Board of Directors,
4, Riahts, Each party shall have the right to:
a) Choose a representative.
b) Testify under oath.
c) Call witnesses and present documentary evidence.
d) Question all witnesses and exaninic tbc evidence.
e) Argue a case.
5. Order of the Proceedings. The hearing shall be opened by the recording
of the time, place and date of the hearing and the presence of the parties and representatives, if
any, The District shall first present its case on whicli the disciplinary action was based. A hearing
guide nmv be used and will be made available to all parties.
41 09/29/01
a) T the appeat is to be heard by the Board of Directors., the
President of the Board shall conduct the hearing. If the appeal is to be heard by the Disciplinary
Review Bow-dl the Diselphnan; Review Board shall select a chaff )an to conduct the 1-rear ing. If
a hearing officer is appointed to hear the appeal, the bearing officer shall have the sole discretion
wid authority to conduct the hearing.
6. Report of the I-Jearin s. A record of the proceedings shall be taken and
maintained by the District. The District may choose to make a mechanical or electronic record of
the proce.,edings. Costs for transcripts shall be b e by the requesting party.
T -nent. The hear' - good cause, Adjourm wring may be adjoumed or recesscd foi
upon the request of a party, hearing body or heafing officer.
Exhibits and Witnesses.
The names of witnesses and exhibits shall be properly identified
and shall be made part of the official record. The hearing body or officer in ay exclude witnesses
not under examination and admonish witnesses to refrain from discussing the subject of their
testiniony with other witnesses or potential witoesses. The parties may rernain at all times
during the proceeding.
b) Witnesses shall be required to testify under oath and affirmation,
The oath shall read., "Do you soleimly swear (or affirm) that the testimony that you are about
to givc in this matter shy. be the truth, the whole truth and nothing but the truth?"
9. Confiden!.2. The hearing shall be closed to the public and shall not be a
public record unless an open public hearing is requested by the appellant.
10. tuerases. The cost of preparing exhibits and the expenses of witnesses mid
representatives for either part ' v shall be paid by the party producing such witnesses, Pre senting
such documentary evidence, and retaining such representatives.
The hearing body or hearing officer shall inquire if
either side has anything further to offer. Upon receiving negative replies, the hearing shall be
closed. The bearing body or hearing officer shall report its written recd Sri endation to the.
Board of Directors and the parties within thirty (30) days after the CIOSiDg of the hearing. The
Board of Directors shall act upon that reconunendation by either -upholding, reversing or
modifying the decision. The Board shall notify the parties within five (5) working days, of the
outcome of their final decision.
42 08128161
INEM
East Va I I ey
Water District
Subject-, Personnel Rules
I do hereby acknowledge receipt of the Personnel Rules approved by
resolution of the Board of Directors on August 28, 2001.
9=9