HomeMy WebLinkAbout18 Code and Fee ChangesACTION
To:
From:
Date:
Subject:
Board of Directors
Kathleen Neus
January 20, 2016
Consideration of:
Agenda Item # 18
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TRUCKEE DONNER
~ Public Utility District .
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a) Resolutions Approving Amendments to the District Code and
Fees (Electric Fee Schedule and Misc. Fee Schedule)
b) Ordinances Amending Electric Fee Schedule and Miscellaneous
Fee Schedule
1. WHY THIS MATTER IS BEFORE THE BOARD
The Board periodically reviews and updates the District Code to include new or
changed Board policies, new applicable laws, regulations and District procedures.
Modification to District Code and fees is solely within the purview of the Board.
2. HISTORY
Prior to 2016, the District Code and Bylaws were last reviewed and updated on May
21, 2014.
3. NEW INFORMATION
Staff has reviewed District Code and is recommending changes and updates. The
following is a summary list of those changes:
• Retention policy and related updates to the code related to records
management
• Customer appeal process
• Through the negotiation process updates related to vacation, holiday, sick
leave and retirement for consistency
• Clean up, clarification, and basic administrative updates
Fees
Staff has reviewed the District's fees.
Two additional fees are recommended for the Electric Utility's Electric Connection and
Fee Schedule to increase efficiency, these are services routinely done and were billed
to customers at time and material. The fee for a 35' customer service pole installation
and 35' customer service pole and anchor installation to be as follows: Set 35 ' Pole
staff is recommending a flat fee of $1 ,300, Set 35' Pole and Anchor staff is
Page 1 of 161
recommending a flat fee of $2,000.
Set 35' Pole Set 35' Pole and Anchor
lime and Proposed Fixed lime and Proposed Fixed
Material Costs Charge Material Costs Charge
Average $1 , 193 Average $2,212
Maximum $1,706 $1 ,300 Maximum $5 ,098 $2 ,000
Minimum $751 Minimum $1 ,372
Annualized Annualized
Average lime Actual Projected Revenue Average lime Actual Projected Revenue
and Material Revenue Based on Proposed and Material Revenue Based on Proposed
Costs Received Flat Fee Costs Received Flat Fee
$1, 164 $20,279 $22, 100 $2, 112 $17,694 $16,000
One additional fee is also being recommended for the Water Utility to be added on the
Miscellaneous Fee Schedule to increase efficiency based on the average actual costs
incurred when illegal water hookups are discovered. Staff is recommending a flat fee
of $1,000 per occurance. Illegal water hookups are discovered by District staff from
time to time and incur expenses, staff feels that it is in the best interests to our rate
payers and the District to require reimbursement for these expenses incurred.
Attachment 1 is the proposed Electric Utility's Electric Connection and Fee Schedule
including the additional Set 35' Pole and Set 35' Pole and Anchor as described.
Attachment 2 is the proposed Miscellaneous Fee Schedule including the additional
illegal water hookup fee as described .
Attachment 3 is the proposed ordinance approving the changes for the above
mentioned rate schedules.
Attachment 4 is a redline of the proposed changes to the District Code.
Attachment 5 is Resolution 2016-03 outline records retention policies for adoption
Attachment 6 is Resolution 2016-04 adopting miscellaneous Code changes.
4. FISCAL IMPACT
The additional fees are being recommended to increase to reflect the average actual
cost to provide the service.
Based upon 2015 activity, the fiscal impact would increase revenue by less than
$5,000 annually.
5. RECOMMENDATION
a) Approve Resolution 2016-03 adopting amendments to the District Code.
b) Approve Resolution 2016-04 adopting amendments to the District Code.
Page 2 of 161
c) Approve Ordinance No. 2016-01 adopting amendments to the Electric Connection
and Fee Schedule and Miscellaneous Fee Schedule.
Michael D. Holley
General Manager
Page 3 of 161
Attachment 1
ELECTR IC CONNECTION & FEE SCHEDULE
S i z e and Type of Service Fee
Single Phase, 120/240 Service -200 amp
$1,248 1) Permanent connection to structure
2) Temporary connection to customer-owned power pole and $1 ,534
subsequent transfer to structure
Single Phase, 120/240 Service -400 amp
1 ) Permanent connection to structure $2 ,364
2) Temporary connection to customer-owned power pole ;
$2 ,649 removal of same and installation of underground permanent
service to structure
Three phase, 208v, 240v o r 480v service
1 ) Permanent connection to structure Actual Cost
2) Temporary single phase 120/240 service for construction Actual Cost purposes to become three -phase permanent service to
structure
Overhead to Underground upgrade or relocate, up to 200 amp panel $1,248
Overhead Relocation $467
400 amp upgrade $1,854
Underground Relocation up to 200 amp $1,248
Underground Relocation 400 amp $2,364
Temporary overhead service $1 ,248
Overhead to Underground upgrade or relocate , up to 200 amp panel, $1,534 with TPP (Temp to Permanent Installation)
Set 35 ' Pole $1 ,300
Set 35 ' Pole and Anchor $2 ,000
1 Page 4 of 161
Miscellaneous Fees
Electric and Water
Account, new account setup , electric and water (no charge for automatic transfers; $30 discount for last read, no special read)
Excavation or snow removal
Facilities, security lights, monthly service, 100W (or equivalent)
Facilities, security lights, monthly service, 200W (or equivalent)
Facilities, security lights, monthly service , 300W (or equivalent)
Facilities, security lights, permanent relocation
Meter, electric and water, special read
Meter, electric , replacement, standard polyphase
Meter, electric , replacement, standard single phase
Meter, electric, resealing (no charge for first occurrence in 36 months)
Meter, electric, testing (no charge for first occurrence in 36 months; no charge for 2% fast)
Meter, water, test (no charge once per 36 months, no charge for 2% fast)
Meter, water, illegal hook up
Payment, monthly late payment fee, account balance greater than $50
Payment , returned payment charge
Service, electric and water, permanent relocation
Service, electric, temporary service removal and reinstallation (no charge for tree removals during normal business hours)
Trip charge, disconnect for non-payment or non-compliance
Trip charge, hand-deliver notices
Other
Application fee, abandoning or granting easements, nonrefundable
Application fee, placement of wireless communication , nonrefundable
Application fee, perm ission to use paved District easement, nonrefundable
Application fee, variance of water service requirements, nonrefundable
Document Printing & Copying per page (No charge for first 100 pages; no charge for copies of a customer's own records)
Encroachment permit costs, annual -8.30.070.1 Category 1 (Minor)
Encroachment permit costs, annual -8.30.070 .2 Category 2 (Major)
Encroachment permit costs, annual - 8 .30 .070.3 Category 3 (Special)
Repair or Replacement of any District Facilities
Room rental, daily/event
Attachment 2
Amount
$60
$300
$15
$20
$30
Actual Cost
$30
$725
$160
$115
$65
$150
$1,000
1 .5%; $10 min
$25
Actual Cost
Actual Cost
$40
$10
$500
$500
$500
$500
$0.10
$150
$500
$1,000
Actual Cost
$100
Page 5 of 161
Ordinance No. 2016 -01
Attachment 3
TRUCKEE DONNER
Public Utility District
AMEND ELECTRIC FEE SCHEDULE AND MISCELLANEOUS FEE SCHEDULE
WHEREAS, THE District last modified the Electric Fee Schedule in 2014 and the Miscellaneous
Fees Schedule in 2013; and
WHEREAS, District staff analyzed the cost to provide the various ser.v1ces performed by District
Employees; and
NOW, THEREFORE, BE IT ENACTED by the Board of Directors of the "fruckee Donner Public
Utility District as follows:
Section 1.
Temporary overhead service
Overhead to Underground upgrade or relocate, up to 200 amp panel,
with TPP Tern to Permanent Installation
Set 35' Pole
Set 35' Pole and Anchor
Fee
$1,248
$1,534
$2,364
$2,649
Actual Cost
Actual Cost
$1,248
$467
$1,854
$1,248
$2,364
$1,248
$1,534
$1,300
$2,000
1 Ordinance 2016-01 Page 6 of 161
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M iscel/aneous Fees
Electric and Water
Account , new account setup, electric and water (i;i o charge for~a i}q matic transfers; $30 discount for last read , no special read)
Excavation or snow removal //
Facilities, security lights, monthly service7 10ow (or equivalentJ
Facilities, security lights , monthly sfuce, 200W (or equivale rft)
Facilities, security lights, mont.D l (s~r(ce , 300W (or equiyal~nj)
Meter, electric , resealing (no charge for first occurrenee in 3'6 months~
Meter, electric, testing (no charge for first occurren?e in~ months ; no dha rge -f0r'2% fast)
Meter, water, test (no charge once per 36 months , ~charge for 2%/fasJ)
Meter, water, illegal hook up
' Payment, monthly late payment fee , account balance greater than $50
Payment, returned payment charge
Service, electric and water, permanent relocat ion
Trip charge , disconnect for non-payment or non-com .pliance
Trip charge , hand-deli-.er notices
Other
Application fee , abandoning or granting easements, nonrefundable
Application fee , placement of wireless communication, nonrefundable
~ Application fee, permission to use pai.ed District easement, nonrefundable
~ Application fee, variance of water service requirements , nonrefundable
9' Document Printing & Copying per page (No charge for first 100 pages ; no charge for copies of a customer's own records
~ Encroachment permit costs, annual -8.30 .070 .1 Category 1 (Minor)
Encroachment permit costs , annual -8.30.070.2 Category 2 (Major)
Encroachment permit costs, annual -8.30 .070 .3 Category 3 (Special)
Repair or Replacement of any District Facilities
Room rental , daily/ei.ent
Amount
$60
$300
$15
$20
$30
Actual Cost
$30
$725
$160
$115
$65
$150
$1,000
1.5%; $10 min
$25
Actual Cost
Actual Cost
$40
$10
$500
$500
$500
$500
$0 .10
$150
$500
$1,000
Actual Cost
$100
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Page 7 of 161
Section 3. If no protest is made, then this ordinance shall be effective on February 19, 2016, after
adoption by the Board of Directors of the District.
Section 4. The Clerk of the District shall per District Code cause a copy of this ordinance to be
published in a newspaper of general circulation and posted in three places within the District.
Section 5. The provisions of other ordinances shall remain if effect to the extent that they do not
conflict with this ordinance.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at
a meeting duly called and held within the District on the twentieth day of January 2016 by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
3 Ordinance 2016-01 Page 8 of 161
CHAPTERS:
2.01
2.02
2.03
2.04
2.08
2.10
2.12
2.16
2.20
2.24
2.28
2.30
2.32
2.36
2.40
2.44
2.48
2.50
2.52
2.56
2.58
2.62
Sections:
TITLE 2
ADMINISTRATION
Bylaws
Board of Directors and Officers
Ordinances
Board Meetings
Board Meeting Minutes
Public Hearings
Committees
Annual Budget
Board Vacancies
Parliamentary Procedure
Amendment of Bylaws
Notices
Relationships Among Officials
Payment of Expenses
Attachment 4
5/21/2014
Delegations from the Board of Directors to the General
Manager
Conditions of Employment for the General Manager
Performance Evaluation and Salary Adjustment for General
Manager
Retention and/or Destruction of Records
Conflict of Interest
Code of Conduct
Board Travel and Expense Policy
Handling Formal Complaints Regarding Board Members
Alleged Violations of District Code or the Law
CHAPTER 2.01
BYLAWS
2.01.010 Bylaws
2.01.010 Bylaws -Sections 2.02 through 2.28 below comprise the District's Bylaws .
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Page 9 of 161
Sections:
2.02.010
2.02 .020
CHAPTER 2.02
BOARD OF DIRECTORS AND OFFICERS
Quorum
Duties of Officers
2.02.010 Quorum Three members of the Board shall constitute a quorum . No business
shall regularly be entered upon until a quorum is present, nor shall business regularly be
proceeded with when the members are reduced below a quorum .
2.02.020 Duties of Officers In addition to the duties specified by applicable law and other
provisions of these rules, as well as resolutions and ordinances of the District, the officers of
the District shall have the following duties:
2.02.020.1 The President shall, when present, preside at all meetings of the District. The
President should cause an agenda to be prepared and distributed by the Clerk/Ex-officio
Secretary in advance of the meeting , which shall list each item of business or
correspondence to come before the meeting insofar as is known. The President shall act as
official spokesman of the Board at the discretion of the Board, execute contracts and other
documents on behalf of the District when authorized by the Board of Directors, and shall
perform such other duties as are assigned from time to time .
2.02.020.2 The Vice President shall perform the duties of the President in the absence or
disability of the President.
2.02.020.3 The District Manager shall function as the Clerk/Ex-officio Secretary of the Board
as well as performing all other acts and duties imposed by the Board .
In addition to those other acts and duties imposed by the Board, the Clerk/Ex-officio
Secretary of the Board shall be entitled to:
a) Schedule and call a special meeting of the Board of Directors if he determines
that it is necessary to do so and if he is unable to contact the President of the
Board regarding the need to call such a meeting.
b) Cancel any regular or special meeting~ if he determines that a quorum of the
Board of DireBters-will not be preseAh
c) Schedule, reschedule and cancel public hearings (except hearings on the
adoption of a rate increase ordinance) if he determines that it is necessary to
do so .
2.02.020.4 The Treasurer of the District shall be appointed by the Board by name and shall
have such duties as assigned by the Board pursuant to Resolution 2008-21.
2.02.020.5 The Assistant Treasurer shall be appointed by the Board by name and shall have
such duties as assigned by the Board pursuant to Resolution 2008-21.
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2 .02.020.6 The Accountant shall be appointed by the Board by name and shall have such
duties as assigned by the Board pursuant to Resolution 2008-23.
2.02.020. 7 The District Counsel shall be the Parliamentarian of the District, shall advise it
with respect to the applicable laws, interpret rules, bylaws and policies, coordinate actions
with the other consultants, and shall perform such other acts as requested by the Board of
Directors.
2 .02.020.8 The officers of the District shall be elected at the first meeting in December of
each year for a one year term. It shall be the policy of the Board to attempt to give each
Director the opportunity to serve as President and Vice President for one year during their
four-year term. Notwithstanding the foregoing, an incumbent President or Vice President
may be re-elected to that office. The officers serve at the pleasure of the Board and may be
removed from office prior to the expiration of their one-year term.
CHAPTER 2.03
ORDINANCES
Sections:
2.03.010 Publication of Ordinances
2.03.01 O Publication of Ordinances -VV ithin 15 da y s a A fter adoption of the ordinance
or amendment to an ordinance . the General Manager or designee shall post and publish
a summary of the ordinance or amendment in accordance with applicable law with the
names of those Directors voting for and against the ordinance and the Clerk shall keep
for inspection during regular business hours a copy of the full ord inance.
If the General Manager determines it is in the best interest of the District, the ord inance
may be printed ffi-M using at least a Y, page ad in a newspaper in general circulation .
w ith in 15 da ys after ado ption .
All ordinances of the Board will be placed for publ icat ion once in the public notice section of
a local newspap~neral circulation w ithin 30 days after adoption .
CHAPTER 2.04
BOARD MEETINGS
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Sections:
2.04.010
2.04.020
2.04.030
2.04.040
2.04.050
2.04.055
2.04.060
2.04.070
2.04.080
2.04.090
2.04.100
Place of Meeting
Time of Meeting
Adjourned Meetings
Special Meetings
Written Notice of all Meetings
Availability of Agenda Packet
Agenda, discussion and debate -Regular and
Special Meetings
Order of Business
Voting
Statements for Visitors
Recording of Meetings
2.04.010 Place of Meeting Until changed by further resolution amending these rules , the
place of meeting of the Board of Directors shall be the Board Room of the Truckee Donner
Public Utility District , in Truckee , California. When appropriate notice has been given , any
meeting may be scheduled at another location within the Dist rict. The Board of Directors
may , upon showing of special circumstances, hold Board meetings outside the District. All
legislative meetings of said Board shall be open to the public and shall be held at said office
and place of meeting; provided, however, that meetings duly opened at said office may be
adjourned to such other place or places within the confines of said District as may be found
convenient or necessary by the Board, and provided further that this rule shall not preclude
the Board from holding executive sessions when permitted by law.
2.04.020 Time of Meeting The time for regular meetings of the Board is the first and third
Wednesday of each month at 6 :00 P.M. If and when said Wednesday falls on a legal
holiday, then said regular meeting shall be held at 6 :00 P.M. on the ne xt business day
following the legal holiday or other day agreed to by the Board .
2.04.030 Adjourned Meetings If the business coming before the Board at any regular or
adjourned meeting is not finished on the day fixed for such meeting , or if for any reason
such adjournment is deemed proper , the Board may adjourn to such time and place as may
be specified in the Order of Adjournment. When the Order of Adjournment fails to state the
hour to which the adjourned meeting is to be held , it shall be held at the hour specified for
regular meetings . In the event that an adjourned meeting is not called , and a special
meeting does not take place prior to the ne xt regular meeting , then the unfinished items shall
be placed on the agenda for the next regular meeting.
2.04.040 Special Meetings A special meeting may be called at any time by the President
or by a majority of the members of the Board , by delivering personally , by e-mail or by mail
written notice to each member of the Board and to each local newspaper of general
circulation, radio or television station requesting notice in writing . Such notice must be
delivered personally , by e-mail or by mail at least 24 hours before the time of such meeting
as specified in the notice . The call and notice shall specify the time and place of the special
meeting and the business to be transacted . No other business shall be considered at such
meetings by the Board. Such written notice may be dispensed with as to any member who
at or prior to the time the meeting convenes files with the Clerk/E x-officio Secretary a written
{00571477.DOC 1 )4 Title 2, A dmini stration
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waiver of notice. Such waiver may be given in writing in person, by US mail or by e-mail.
Such written notice may also be dispensed with as to any member who is actually present at
the meeting at the time it convenes.
2.04.050 Written Notice of all Meetings Advance written notice shall be given for all
meetings in the following manner:
2.04.050.1 A written notice of all meetings (agenda) shall be mailed or e-mailed to each
Director as far in advance of the meeting as possible, but, in any event, either mailed, e-
mailed or expressly hand-delivered so as to be received 72 hours in advance of the meeting.
Notwithstanding the foregoing, and in accordance with Section 2.04.040 herein, notice for all
special meetings shall be made at least 24 hours in advance of said meeting. Any Director
may, at his discretion, file a signed waiver of such notice with the District.
2.04.050.2 Written notice of all meetings (agenda) shall be delivered or mailed as far in
advance as possible, but, in any event, to be received 72 hours prior to the meeting, to all
newspapers, radio stations, individuals and entities which have filed a request of such notice
with the District and to all parties with business pending on that particular agenda of the
meeting.
2.04.050.3 Written notice of all meetings (agenda) shall be posted at the District office,
Town hallon the TDPUD's internet website , -the Truckee Branch of the Nevada County
Library, and such other locations as may from time to time be determined by the Board of
Directors.
2.04.055 Availability of agenda packet On all Board or committee meeting agendas a
statement will be made advising that the complete packet of related material is available for
public review at the District office during regular business hours and on the District's website.
2.04.060 Agenda, discussion and debate -Regular and Special Meetings The
Clerk/Ex-officio Secretary of the District shall cause a Notice of Meeting (agenda) to be
prepared which will state the matter to be heard in a manner that is easy to comprehend.
2.04.060.1 The Clerk/Ex-officio Secretary of the District and the President of the Board shall
be jointly responsible for compiling the agenda for all regular meetings. In the case of special
meetings, the Clerk/Ex-officio Secretary and those parties calling such meetings shall be
responsible for the preparation of the agenda.
2.04.060.2 Each Director will have the right to request items to be placed on the agenda for
any specific meeting, either: 1) Verbally requesting it if this request is supported by at least
one additional Board member during a Board meeting, or 2) verbally or in writing to the
President with the President's support. Such requests must be made in a timely manner and
shall comply with the deadlines established for the preparation of the Notice of Meeting
(agenda).
2.04.060.3 No item will be placed on the agenda until the following conditions have been
met. Items on an agenda not meeting the conditions will be either struck from the agenda or
will be tabled to the next meeting without discussion.
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2.04.060.3(A) Information regarding the topic must be in the hands of the Board members
prior to the Monday evening before the regular meeting and not less than three days prior to
any special meeting with some exceptions in the case of an emergency meeting .
2.04.060.3(8) The item as it appears on the agenda will have adequate staff and consultant
preparation prior to the presentation to the Board for discussion and review. Without this,
such items will be referred to staff by the Chair.
2.04.060.3(C) The consultants and staff and Board will be kept informed by memo and
regular correspondence of all major projects and proposals well in advance of it being
placed on the agenda for Board review.
2.04.060.3(0) Debate and/or discussion on each agenda topic is limited to five minutes for
each Director. The Board, by majority vote, may waive this provision for any agenda topic.
2.04.070 Order of Business The order of business in conducting the meeting of the Board
shall be as follows:
1. Call to order
2. Roll call
3. Pledge of Allegiance
4 . Changes to the agenda
5. Public input
6 . Director's update
7 . Special business/public hearings
8. Consent agenda
9. Action items
10. Workshop items
11. Routine business (such as approval of minutes and Treasurer's report)
12. Closed session
13. Return to public session
14. Adjournment
2.04.080 Voting Every action of the Board shall be taken by ordinance , resolution , motion,
or unanimous consent. In the case of every action except one taken by simple motion or
unanimous consent, the roll of Directors shall be called in the formal minutes . All official
Board actions will require the affirmative vote of at least three Directors.
2.04.090 Statements from Visitors All members of the public attending Board meetings
and having an interest in any agenda item shall have the right to address the Board before
a vote is taken on such item. They shall be encouraged to ask questions directly related to
reports made to the Board by members of the District's staff or consultants immediately after
such reports are made and prior to Board action.
2.04.100 Recording of the Meetings The Clerk/Ex-officio Secretary shall arrange to have
recordings made of the meetings of the Board, except when the Board goes into closed
session, for use in preparation of the minutes. The Clerk/Ex-officio Secretary shall make
duplicates of the recordings available to anyone for review upon arrangement.
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CHAPTER 2.08
BOARD MEETING MINUTES
Sections:
2.08.010 Board Meeting Minutes
2.08.010 Board Meeting Minutes
2.08.010.1 The District's Board meeting minutes shall be action only minutes listing the title
of the topic, a brief description of the topic, action taken or direction given, and any
appropriate roll call votes .-. These minutes shall be a permanent record of the District.
2 .08.()10.2 /\II Board meeting minutes will be officially recorded on electronic medium . The
original recordings shall be preserved perpetually by the District Clerk or his/her designee .
2 .08 .010.3 Within 48 hours of a meeting , a copy of the action minutes shall be prepared in
draft form .
2 .08 .010.4 /\ppropriate recording and play back equipment shall be provided by the District.
The equipment , recordings and copies of the action minutes shall be kept in library format.
The equipment, duplicate recordings and copies of the action minutes sha ll be made
available to the genera l public for review and inspection upon appointment during regular
business hours of the District.
2.08.010.5 Copies of the action minutes and of the Board meeting recordings shall be made
available to any interested party upon their request and payment of the duplication costs
pursuant to the Miscellaneous Fee Schedule.
CHAPTER 2.10
PUBLIC HEARINGS
Sections:
2.10.010 Notices of Public Hearings
2.10.01 O Notices of Public Hearings All public hearings will be advertised By-#le
Secretary in a local newspaper of general circulation in small display ad form .
CHAPTER 2.12
COMMITTEES
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Sections:
2.12.010 Committees
2.12.010 Committees Standing and select committees for the performance of such duties
as may appear necessary and proper shall from time to time be appointed by the President.
In the absence of any members of any committee , the presiding officer may appoint a
substitute who shall serve during such absence.
CHAPTER 2.16
BUDGETS
Sections:
2.16.010 Budgets
2.16.010 Budgets The General Manager shall prepare a budget calendar for Board review
at the first regular meeting in August prior to the budget cycle (annually or bi-annually). The
General Manager shall present a proposed draft budget for the ensuing calendar year(s) to
the Board in the last quarter of the budget cycle period for the next budget cycle . The Board
shall adopt such budget with any changes ordered by it, not later than the second regular
meeting in December. The Manager, or individual Board members may recommend
changes in the budget from time to time ; and the Board may adopt such changes. A public
hearing shall be held prior to adoption of the budget.
CHAPTER 2.20
BOARD VACANCIES
Sections:
2.20.010 Board Vacancies
2.20.010 Board Vacancies All vacancies occurring on the Board of Directors , for whatever
reason , shall be filled according to the rules contained in the California Government Code .
Sections:
{0057 1477.DOC 1 }8
CHAPTER 2.24
PARLIAMENTARY PROCEDURE
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2.24.010 Parliamentary Procedure
2.24.010 Parliamentary Procedure As to all matters not hereinabove provided for, the
conducting of the business of the Board and its parliamentary procedure shall conform to the
RULES OF ORDER REVISED by H. M. Robert , which RULES OF ORDER are by reference
made a part of these bylaws .
CHAPTER 2.28
AMENDMENT OF BYLAWS
Sections:
2.28.010 Amendment of Bylaws
2.28.01 O Amendment of Bylaws Any proposed amendment to the Bylaws must be
submitted in writing to the Clerk/Ex-officio Secretary of the District. The Clerk shall cause a
copy to be distributed to each Director and shall cause the same to be placed on the agenda
for the next regular meeting of the Board of Directors . In order to become effective, the
amendment, or any modification thereof, shall require a vote of the majority of the Board.
Sections:
2.32.010
2.32.020
CHAPTER 2.32
RELATIONSHIPS AMONG OFFICIALS
Financial Relationships Among Officials
Director/Manager Relationship
2.32.010 Financial Relationships Among Officials
2.32.010.1 District officials , including but not limited to engineering, financial and/or legal
consultants shall not enter into agreements with, or otherwise represent, individual Board
members or other third parties where such an arrangement may potentially conflict with the
interests of the District.
2.32.010.2 Members of the Board of Directors shall not enter into contractual arrangements
with , or otherwise utilize , engineering , financial and/or legal consultants who perform work or
(0057 1477.DOC 1 )9 Titl e 2 , Administration
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services for the District on any material matters which may affect the District.
2.32.010.3 The General Manager shall not engage in any private enterprise within the
District.
2.32.020 Director/General Manager Relationship The District recognizes, establishes
and maintains the following guidelines in its relationship with the General Manager.
2.32.020.1 It is recognized that good management is the most important factor in the
success of the District. In exercising such management, the Board of Directors reserves its
responsibility to establish policy, approve plans and programs and delegate authority to its
General Manager.
2.32.020.2 The Board of Directors recognizes its responsibility and its need to establish
policies, approve plans and programs, and delegate authority to the General Manager to
execute and carry out its plans, programs and policies. The General Manager shall, among
other things, have authority to hire capable personnel within the approved wage and salary
plan and policy, train , supervise and replace them if necessary.
2.32.020.3 All policies of the Board of Directors shall be promulgated to regular and special
meetings, acting collectively as a Board. The General Manager is delegated the
responsibility of carrying out such policies .
2.32.020.4 It shall be the policy of the Board of Directors to refrain, as individuals, from
discussing management problems with the personnel of the District. At the request of the
General Manager, the Board of Directors may confer with personnel at regular or special
meetings of the Board.
2.32.020.5 This in no way precludes any Board member from talking with any District
employee or requesting information from any District employee. However, if such requests
for information are of a time-consuming nature, in consideration of the employees' work
schedules, Directors shall coordinate such requests through the General Manager.
2.32.020.6 It shall be distinctly understood that the "flow" of authority for the management of
the District shall be through the General Manager, and the General Manager shall be the
connecting link between the Board of Directors and the personnel. The Board of Directors
shall require full and complete information from the General Manager concerning all matters
in connection with the management of the District as set forth in Board policies.
2.32.020. 7 Primarily, the purpose of this policy is to define the relationship that shall exist
between the Board of Directors, who are the elected representatives of the District, and the
General Manager, who is employed by the Board of Directors. The Board of Directors
recognizes that effective management of the District can exist only through mutual
understanding and complete cooperation between the Board of Directors and the General
Manager. The General Manager is expected to produce results and give an account to the
Board for his stewardship. His performance cannot be of the best unless he is given latitude
to exercise independent judgment in executing policies of the Board of Directors. The Board
acknowledges that obligation and gives the General Manager that latitude of judgment and
{00571477.DOC 1)10 Title 2, Administration
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discretion, and expects faithful performance in carrying out all of the policies of the Board of
Directors.
2.32.020.8 The Board of Directors recognizes its responsibility for the employment of the
General Manager and further, the additional responsibility for a systematic appraisal of the
General Manager's performance in order that growth, development and effective
improvements are encouraged.
2.32.020.9 The President of the Board of Directors shall be responsible for inviting the
attention of the Board members to non-adherence to this policy.
2.32.020.10 Combined with section 2.48
Sections:
2.40.010
CHAPTER 2.36
PAYMENT OF EXPENSES -See Chapter 2.58
CHAPTER 2.40
DELEGATIONS
Delegations from the Board of Directors to the
General Manager
2.40.01 O Delegations from the Board of Directors to the General Manager -In order to
properly carry out the policy making responsibilities of the Board of Directors, the Board
wishes to clarify its priorities and delegations of authority to the General Manager. By
clarifying the Board's priorities and delegations, the Manager will have the authority to
properly direct the operations of the District, and the Board will be better able to review the
District's performance.
As set forth in Section 16114 of the Public Utilities Code, the General Manager is delegated
full charge and control of the construction of the works of the District and of their
maintenance and operation .
Subject to policy formulation and direction by the Board of Directors , the General Manager
shall plan, direct, coordinate, and review the activities of the District's operations and work
forces.
The General Manager is hereby delegated the following specific authority and responsibility,
and may further delegate authority and responsibility to District staff. In carrying out these
duties, the General Manager will adhere to policy determinations of the Board of Directors.
2.40.010.1 Plan
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2.40.010.1(A) Direct and participate in the development and implementation of goals,
objectives, management policies.
2.40.010.1(8) Advise the Board on matters of administrative practices, recommend
legislation and policies required in the public interest.
2.40.010.1 (C) Formulate with his staff long and short term plans for recommendation to the
Board of Directors.
2.40.010.2 Organize
2.40.010.2(A) Review the District's activities and recommend to the Board the best type of
organizational structure.
2.40.010.2(8) Review all District operations to establish work standards and improve
methods.
2.40.010.3 Staff
2.40.010.3(A) Determine, with advice from staff, the need to change positions, provided
they are within the limitations of the budget.
2.40.010.3(8) Determine qualifications and standards for use in recruiting, hiring, promoting
and assigning the District's personnel.
2.40.010.3(C) Select, appoint, promote, reassign or release District employees.
2.40.010.3(0) Formulate an effective method of instilling and motivating a team effort by all
employees.
2.40.010.3(E) Develop a procedure whereby employees may advance within the District if
they are capable and desire to do so.
2.40.010.3(F) Implement, maintain and enforce the District's personnel policies as
prescribed by the Board.
2.40.010.3(G) Act as the Board's agent in meeting and conferring with employees and
employee organizations.
2.40.010.3(H) Implement job training and safety programs to the benefit of the District.
2.40.010.3(1) Establish performance appraisal programs for all District personnel.
2.40.010.3(J) Maintain up-to-date chart of all District positions and their respective class
specifications.
2.40.010.3(K) Recommend to the Board for approval the employment of outside
consultants and negotiate terms of contracts for services .
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2.40.010.4 Direct
2.40.010.4(A) Enforce and administer the provisions of the laws and ordinances of the
District.
2.40.010.4(8) Direct all District personnel.
2.40.010.4(C) Respond to citizens' complaints and requests for information.
2.40.010.4(0) Conduct continuous research into administrative practices to produce greater
efficiency and economy in District operations.
2.40.010.4(E) Direct the day-to-day activities of the District except as specified otherwise by
the Bylaws of the Board. Delegate appropriate responsibility and authority to staff.
2.40.010.5 Finance
2.40.010.5(A) Prepare a long term capital improvements program for Board consideration.
2.40.010.5(8) Direct the preparation and administration of the District budget.
2.40.010.5(C) Direct the investment of District funds in accordance with Board policy .
2.40.010.5(0) Establish accounting systems, procedures, statistics and types of reports
necessary for sound financial management of the District.
2.40.010.5(E) Purchase all materials, supplies and equipment within the limits of the budget
and in accordance with Board policy.
2.40.010.5(F) Review rate structure to determine where adjustments are needed to insure
adequate cash flow and to provide revenue to meet expenses and establish reasonable
reserves and replacement of assets.
2.40.010.5(G) Develop and maintain inventory records . Conduct periodic inventories.
Dispose of surplus materials in accordance with Board policy.
2.40.010.5(H) Assist the Board in arranging for an annual audit. Review the audit with staff.
2.40 .010 .5(1) Authority to sign any and all documents related to District business outside of
required Board approved authority .
2.40.010.6 Report
2.40.010.6(A) Submit periodic reports to the Board on revenues and expenses compared to
the budget.
2.40.010.6(8) Develop and submit to the Board such operational summaries as will enable
the Board to review the overall performance of the District.
{00571477.DOC 1 )13 Title 2, Administration
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2.40.010.6(C) Keep the Board informed of customer complaints .
2.40.010.6(0) Inform the Board of significant problems that arise so that the Board can
provide necessary direction to staff.
2.40.010.6(E) Items will be reported to the Board by the Manager during regular Board
meetings .
2.40.010. 7 Public and customer relations
2.40.010. 7(A) Represent the Board in the community and at professional meetings as
required and as directed by the Board .
2.40.010.7(8) Investigate and authorize membership in service clubs and associations
which would be beneficial to the District, and authorize the payment of dues for such
memberships by the District management staff.
2.40 .010. 7(C) Develop a program for maintaining favorable relations with District customers .
2.40.010.8 Manager to delegate -In performing the responsibilities set forth herein, the
Manager is expected to develop a highly competent and motivated staff and should delegate
authority and respons ibility to the staff to insure the proper functioning of the District.
CHAPTER 2.44
CONDITIONS OF EMPLOYMENT
Sections:
2.44.010 Conditions of Employment for the General Manager
2.44.01 O Conditions of Employment for the General Manager Prior to employment by
the District, the prospective General Manager shall be required to satisfy the Board of
Directors that his general physical condition is such that he will be able to function property
in the position .
CHAPTER 2.48
PERFORMANCE EVALUATIONS AND SALARY ADJUSTMENTS
Sections:
2.48.010 Performance Evaluations and Salary
Adjustments for the General Manager
2.48.010 Performance Evaluations and Salary Adjustments for the General Manager
The General Manager shall be employed by the Board of Directors at a salary established
{00571477.DOC 1 )14 Titl e 2 , Admini stration
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by the Board. The Board shall work with the General Manager to set performance goals and
objectives. At least annually, the Board will appraise the General Manager's performance as
described in the General Manager's Employment Agreement with the District. Consideration
of an increase in compensation within the District's approved wage and salary plan will be
given at that time.
Sections:
2.50.010
2.50.020
2.50.030
2.50.040
2.50.050
CHAPTER 2.50
RETENTION AND/OR DESTRUCTION OF RECORDS
Destruction of District records; excepted records
Retention of District records
Destruction of District records; conditions
Duplicate records less than five years old; destruction
Authority of Treasurer or fiscal agents
2.50.01 O Destruction of District records; excepted records Unless other,.Jise provided
by law, the District Clerk may destroy any District record , document, instrument , book or
paper under his or her charge, without making a copy thereof, after the same is no longer
required .
2.50.020 Retention of District records District records will be maintained in accordance
with the District 's adopted and approved records retention schedule ss . This Section does
not author ize the destruction of records required to be kept by statute . (See Appendix A for
District Record Retention Schedule~.)
2.50.030 Destruction of District records; conditions Notwithstanding the provisions of
~ction 2.50 .010 , tihe District Clerk or his/her designee who is the custodian of District
records, documents, instruments, books and papers, may cause to be destroyed any or all
such records, documents, instruments , books and papers , if the record has reached its
useful life and it meets the requirements for destruction of records . all of the following
wnditions are co mplied with :
a) The record , paper or document is photographed , micro photographed ,
reproduced by electronically recorded video images on magnetic surfaces ,
recorded in the electronic data processing system, recorded on optical disk ,
reproduced on film or any other medium which does not permit additions ,
deletions , or changes to the original document in compliance with the
minimum standards or guidelines, or both , as recommended by the /\merican
National Standards Institute or the /\ssociation for Information and Image
MaAaQement for recorGifl~ermanent rewrds or ROA-permanent records ,
whi chever applies .
b) The-Gevice used to reproduce such record, pap9f-ef-€locument on film , optical
disk , or any other medium is one which accurately reproduces the original
thereof in all details and which does not permit additions , deletions , or
changes to the original document images .
{00571477.DOC 1 )15 Title 2, Administration
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c) The photographs , microphotographs , or other reproductions on film , optical
disk or any other medium are p laced in conveniently accessible files and
provision is made for preserving, examining , and using the files.
Every reproduction complying with the above process shall be deemed to be an original
record and a transcript, exemplification , or certified copy of any reproduction shall be
deemed to be a transcript , exemplification , or certified copy , as the case may be , of the
~
2.50.040 Dup licate records less than five years old; destruction Notwithstanding the
provisions of Section 2.50 .010 , the District Clerk may prescribe a procedure und8f-W!:HGl=l
duplicates of District records less than five years old may be destroyed if they are no longer
required .
_2.50.050 Authoritv of Treasurer Under such conditions as the Treasurer fixes , he/she , or
other duly authorized agents, may destroy or cremate any or all bonds and any or all
coupons pertaining thereto wh ich have been previously paid or canceled .
(Based on Government Code Sections 34090 , 34090 .7, 53921 and 60200-)
Sections:
2.52.010
2.52.015
2.52.020
CHAPTER 2.52 (Res 2009-09, 2013-02)
CONFLICT OF INTEREST
District's Conflict of Interest Code
Officials Who Manage Public Investments
Disclosure Categories and Designated Positions
2.52.010 District's Conflict of Interest Code The Political Reform Act (Government Code
Section 81000, et seq.) requires state and local government agencies to adopt and
promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted
a regulation (2 Cal. Code of Regs. 18730) that contains the terms of a standard conflict-of-
interest code, which can be incorporated by reference in an agency's code. After public
notice and hearing, the standard code may be amended by the Fair Political Practices
Commission to conform to amendments in the Political Reform Act. Therefore, the terms of
2 California Code of Regulations Section 18730 and any amendments to it duly adopted by
the Fair Political Practices Commission are hereby adopted and incorporated by reference.
This regulation and Sections 2.52.010 - 2 .52 .020 designating positions and establishing
disclosure requirements shall constitute the conflict-of-interest code for the Truckee Donner
Public Utility District (District).
2.52.010.1 Place of Filing Individuals holding designated positions shall file their
statements with the District, which will make the statements available for public inspection
and reproduction (Gov. Code §81008). Statements for all designated positions will be
retained by the District
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2.52.015 Officials Who Manage Public Investments The following positions are not
covered by this conflict-of-interest code because those individuals holding these positions
must file a statement of economic interests pursuant to Government Code Section 87200.
These positions are listed for informational purposes only:
• Members of the Board of Directors
• General Manager
• District Treasurer
• Assistant Treasurer
• Consultants (Those that invest public funds.)
An individual holding one of the above-listed positions may contact the Fair Political
Practices Commission for assistance or written advice regarding their filing obligations if they
believe that their position has been categorized incorrectly . The Fair Political Practices
Commission makes the final determination whether a position is covered by Government
Code Section 87200.
2.52.020 Designated Positions and Disclosure Categories
A. Designated Positions
Designated Position
Administrative Services Manager
Assistant General Manager
Attorney
Electric Utility Manager/Power Supply Engineer/GIS
Public Information and Conservation Manager
Water Utility Manager
Technical Programs Administrator
Finance and Accounting Manager
Buyer/Clerk
Contract Administrator
Customer Services Manager
IT/GIS Operations Manager
IT/SCADA Engineer
Senior AccountanU Analyst
Conservation Administrator
Electric Engineer
Electric Superintendent
Electric System Engineer
Water Engineer
Water Superintendent
Water System Engineer
Consultants/New Positions
Assigned Disclosure Category
1
1
1
1
1
1
1
2
2
3
3
3
3
3
3
3
3
3
3
3
3
*Consultants and New Positions shall be included in the list of designated positions and shall
disclose pursuant to the broadest disclosure requirements in this Conflict-of-Interest, subject
{00571477.DOC 1 )17 Title 2, Administration
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to the following limitation:
The General Manager may determine, in writing that a particular consultant or new position,
although a "designated position," is hired to perform a range of duties that is limited in scope
and thus is not required to fully comply with the disclosure requirements described in this
section. Such written determination shall include a description of the consultant's duties, and
based upon that description, a statement of the extent of disclosure requirements. The
General Manager's determination is a public record and shall be retained for public
inspection in the same manner and location as this conflict-of-interest code. (Gov Code Sec.
81008)
B. Disclosure Category I
Individuals holding designated positions in Disclosure Category I must report their interests
in real property located within the jurisdiction or within two miles of the boundaries of the
jurisdiction or within two miles of any land owned or used by the District; investments and
business positions in business entities, and income, including receipt of loans, gifts, and
travel payment, from sources, that:
a) provide supplies, materials, machinery, equipment, or vehicles of the type utilized
by the District, including: motor and specialty vehicles and parts, petroleum
products, construction and building materials (e.g. transformers, poles, wire,
cable, pipes), and solar and renewable energy products;
b) are contractors providing services utilized by the District, including: educational
and medical services, information technology, insurance, engineering, energy
pricing, legal, and billing and collection;
c) are persons with a permit pending before the District;
d) are utility companies or sources that supply power to the District, including solar
and renewable power;
e) engage in the business of brokering, acquiring, leasing, marketing, disposing, or
owning real property;
f) provide engineering, energy, or environmental assessment reports including those
relating to pricing and demand;
g) provide consulting services, including: legal, financial, public relations, labor
relations, and energy.
C. Disclosure Category 2
Individuals holding designated positions in Disclosure Category 2 must report their
investments and business positions in business entities, and income, including receipt of
loans, gifts, and travel payments, from sources, that:
a) provide supplies, materials, machinery, equipment, or vehicles of the type utilized
by the District, including: motor and specialty vehicles and parts, petroleum
products, construction and building materials (e.g. transformers, poles, wire,
cable, pipes), and solar and renewable energy products;
b) are contractors providing services utilized by the District, including: educational
and medical services, information technology, insurance, engineering, energy
pricing, legal, and billing and collection;
c) are persons with a permit pending before the District;
d) are utility companies or sources that supply power to the District, including solar
and renewable power;
{00571477.DOC 1 )18 Title 2, Administration
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e) engage in the business of brokering , acquiring, leasing, marketing, disposing , or
owning real property;
f) provide engineering, energy , or environmental assessment reports including those
relating to pricing and demand ;
g) provide consulting services , including : legal, financial , public relations , labor
relations , and energy .
D. Disclosure Category 3
Individuals holding designated positions in Disclosure Category 3 must report their
investments and business positions in business entities, and income, including receipt of
loans, gifts, and travel payments , from sources, that provide services, supplies , materials,
machinery, equipment, or vehicles of the type utilized by the department to which the filer
has been assigned.
Sections:
2.56.010
2.56.020
2.56.030
2.56.040
2.56.050
2.56.060
CHAPTER 2.56
BOARD CODE OF CONDUCT
Introduction
General
Directors Conduct with One Another
Rules Regarding Public Input
Procedural Considerations
Debate Forum
2.56.01 O Introduction The Truckee Community has established the Truckee Donner Public
Utility District (District) to provide essential services needed to support the prosperity and
general wellbeing of the commun ity. The District's powers and responsibilities are set forth
in the California Public Utility District Act that requires the election of a Board of Directors to
govern the District by meeting in accordance with the California law known as the Ralph M
Brown Act (Open Meeting law). The Board of Directors is required to consider complex facts
and make many important decisions that impact the prosperity and general wellbeing of the
Truckee Community. The voters of the District have elected a Board of Directors to govern
the District, and that Board states that it recognizes the importance of making sound
reasoned decisions in a timely and efficient manner. The Board recognizes the importance
of deliberating and making decisions using a process that is orderly , efficient, civil, fact
based and proceeds in a timely basis.
2.56.020 General The Board of Directors shall perform its duties in accordance with the
processes and rules set forth in this Code governing the deliberation of public policy issues,
meaningful involvement of the public, and implementation of policy decisions of the Board by
District staff.
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2.56.020.1 The Board shall make its decisions based on the merits and substance of the
matter at hand, rather than on unrelated considerations.
2.56.020.2 The Board shall conduct its business in a manner that supports the maintenance
of a positive and constructive work place environment for District staff, private citizens and
businesses dealing with the District.
2.56.020.3 Directors shall prepare in advance of Board meetings and be familiar with issues
on the agenda.
2.56.020.4 Directors shall fully participate in Board meetings while demonstrating respect,
consideration and courtesy to others.
2.56.020.5 Directors shall become familiar with Rules of Procedure and this Board Code of
Conduct.
2.56.020.6 Directors shall be responsible for the highest standards of respect, civility and
honesty.
2.56.030 Directors Conduct with One Another The Board of Directors is composed of
individuals with a wide variety of opinions and all have freely chosen to serve in public office .
-It should be recognized that disagreements will develop and need to be accommodated in a
courteous manner.
In public meetings the Directors shall:
2.56.030.1 Practice civility and decorum in discussions and debate;
2.56.030.2 Honor the role of the Board President in maintaining order and equity. Respect
the Board President's efforts to focus discussion on current agenda items. Objections to the
President's actions should be voiced politely and with reason;
2.56.030.3 It shall be the duty and responsibility of the Board President to ensure that the
rules of operation and decorum contained in the Board Code of Conduct are observed;
2.56.030.4 The Board President shall maintain control of communication between Directors
and between the Directors and staff and public;
2.56.030.5 Directors should request and be recognized by the Board President before
speaking. When one Director has the floor and is speaking other Directors shall not interrupt
or otherwise disturb the speaker;
2.56.030.6 Be respectful of other people's time. Stay focused and act efficiently during
public meetings. The work at hand is important and decisions must me made;
2.56.030. 7 Staff members assist the General Manager in presenting information to the
Board of Directors and shall be a resource to the Directors to answer questions arising
during discussion. These discussions shall remain focused on the agenda topic in
accordance with the Brown Act;
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2.56.030.8 District General Counsel shall act as Parliamentarian to assist the Board
President in matters regarding procedure , enforcement of this Board Code of Conduct and
compliance with the Brown Act so that the Board actions remain orderly and proper;
2.56 .030.9 The Board President may limit the time any Director or other speaker has to
address the Board so that the business of the Board appearing on the agenda can be dealt
with efficiently .
2.56.040 Rules Regarding Public Input It is recognized that an important element of
governing the District within the traditions of democracy require and benefit by citizen input.
It is also recognized that the Brown Act requires that the Board 's meeting agenda provide for
the opportunity for public input. It is also recognized that the Board of Directors of the
District shall accept public input and consider it seriously .
In public meetings the Directors shall :
2.56.040.1 Listen to public input in a respectful and civil manner;
2.56.040.2 Directors shall not engage presenter of public input in dialogue, but shall , at the
conclusion of public input, discuss and decide the appropriate response to the input;
2.56.040.3 Public input shall be limited to th ree minutes per presenter, or as deemed
appropriate from the Board President , to provide time for the Board of Directors to efficiently
conduct other business on its agenda ;
2.56.040.4 Equally, public presenters shall be respectful of the Board of Directors and others
participating in the meetings .
2.56.050 Procedural Considerations The Board of Directors w ill review Board Code of
Conduct, the Brown Act and other matters related to Board procedures periodically as part
of continuing education .
2.56.060 Debate Forum The discussion and deliberations at Board meetings are to secure
the mature and reasoned decision of the Board on matters appearing on the agenda .
All discussions must be relevant to the motion before the Board . A Director is given the floor
only for the purpose of discussing the pending question; discussion which departs from the
agenda matter is out of order.
Protocol for agenda items:
1. Board President reads the agenda item
2. General Manager or staff representative introduces the question before the Board
3 . Report from staff/presenter
4 . Public input
{0057 1477.DOC 1 )2 1 Title 2 , Admini stration
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5 . Director questions and discussion
6. Motion and second
• Motion to approve
• Motion to amend
• Motion to table
• Motion to call the question
7. Action
2.56.070 Ethics Training As required by California AB 1234, beginning in January, 2006
each director will attend ethics training. Thereafter, recertification of having attended ethics
training is required every two years .
Resolution 2008-30 (Oct. 1, 2008)
CHAPTER 2.58
BOARD TRAVEL AND EXPENSE POLICY
Sections:
2.58.010
2.58.020
2.58.030
2.58.040
2.58.050
2.58.060
2.58.070
2.58.080
2.58.090
2.58.100
2.58.110
2.58-120
2.58.130
2.58.140
2.58.150
2.58.160
Objective
Policy Content
Allowable Expenses
Authorization for Travel or Training
Cost Control
Lodging
Meals
Telephone/Fax/Cellular
Internet
Airport Parking
Cash Advance Policy
Credit Card Use Policy
Submitting Travel Expense Reports
Reports to the Governing Board
Compliance with Laws
Violation of This Policy
2.58.01 O Objective To establish a policy governing the reimbursement to members of the
Board of Directors ("Directors") for expenses incurred while involved in official District
business or while attending authorized meetings or training .
2.58.020 Policy Content
1. It is District policy to use public funds for travel and training only when there is a
substantial benefit to the District.
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2 . This policy provides guidance to elected and appointed officials on the use and
ex penditure of District resources , as well as the standards directing those
ex penditures.
3 . It is District policy to satisfy the requirements of Government Code sections 53232 .2
and 53233 .3 and AB 1234.
4 . It is District policy to reimburse Directors for authorized travel , meals , lodging , and
other a ctual and necessary expenses that are re a sonably incurred in the conduct of
District business and detailed in an ex pense report with rece ipts attached .
2.58.030 Allowable Expenses Dire ctors shall only use District funds , equipment, supplies ,
and staff time for authorized District business.
Directors shall use good judgment when incurring business ex penses , and are ex pected to
use a reasonably economi c means of lodging, meals and transportation that will meet the
traveler's requirements with due consideration to safety and c omfort.
Expenses reasonably incurred in connection with the following types of Director activities
generally constitute allowable expenses , as long as the other requirements of this Policy are
met:
1. Meetings and communicating with representatives of regional, state and national
government on adopted policy positions;
2. Attending approved educational seminars designed to improve Directors ' skill and
information level ;
3 . Participating in regional, state and national organization meetings o r trainings , such
as NCPA, UAMPS , AWWA or CSDA; and
4 . All other reasonable expenditures previously approved by the District's governing
body in a public meeting before the expenditures were incurred.
Examples of ex penses that the District will not reimbu rse include , without limitation:
1. The personal portion of any District-related trip ;
2. Politi c al or cha ritable contributions or events ;
3. Family expenses, including partner's ex penses when accompanying a Director on
District-related business, as well as children -or pet-related expenses ;
4. Entertainment expenses, including theater, movies (either in -room or at the theater),
sporting events (including gym , massage and/or golf related expenses), or other
cultural events ;
5 . Mileage to and from Distri ct facilities or to attend meetings of the Board of Directors;
6. Non -mileage personal auto mobile expenses , including repairs, traffic citations ,
insurance or gasoline ; and
7 . Personal losses incurred while on District business .
2.58.040 Authorization for Travel or Training Any ex penses that do not fall within this
Policy or the Internal Revenue Service ("IRS ") rates must be approved by the District 's
governing body in a public meeting before the ex penditures w e re incurred ; otherwise , the
ex penses are not reimbursable .
(0057 1477.00C 1 )23 Title 2 , Admini strati on
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Board members shall request authorization to attend meetings or training during the
"Director Update" section of a regular Board of Directors meeting . If there is no Board
opposition, the request will be considered authorized by this policy . The Board President or
any Director can request the travel and/or training request be placed on the agenda of the
next regularly scheduled Board meeting for action.
2.58.050 Cost Control To conserve District resources and keep expenses within community
standards for public officials, Director expenditures shall strictly adhere to the following
guidelines . The District shall only pay or reimburse those expenses that meet these
guidelines . Any expenses incurred in excess of these guidelines are the Director's personal
responsibility .
Except as otherwise specified in this Policy, the District shall use the current IRS rates
established in Publication 463 (and any future amendments) as its reasonable
reimbursement rates.
A Transportation
The most economical mode and class of transportation reasonably consistent with
scheduling needs shall be utilized, using the most direct and time-efficient route available .
Pursuant to AB 1234, Directors shall use government and group rates for all transportation
when available.
a . Airfare
Air travel shall be by coach or standard class . The most cost-effective route shall be
used.
Alternate routes or additional stops for the Director 's personal benefit shall be at the
Director's expense , prorated to the most cost-effective , direct route to the District-related
destination .
b. Automobile
Rental vehicle expense may be reimbursed when a Director, or other District official, is
attending an out-of-town conference , and it is determined that a rental vehicle is the most
economical transportation available . In making this determination , the rental costs,
parking and gasoline ex penses shall be compared to the combined costs of other
available transportation .
Automobile mileage for personally owned automobiles shall be reimbursed at the IRS
rate currently in effect (see www.irs .gov). The rates are designed to compensate the
driver ·for gasoline, insurance, maintenance and other expenses associated with
operating the vehicle. Reasonable parking and toll expenses shall also be reimbursed ,
but not fines and penalties for the violation of traffic, parking or other laws.
Directors must have a valid driver's license and adequate liability insurance on their
vehicle . Proof of both shall be on record at the District office .
c. Ta xis/Shuttles
{0057 1477.00C 1 )24 Title 2, Administration
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Reasonable taxi or shuttle fares may be reimbursed, including a fifteen percent (15%)
gratuity per fare, when the cost of such fares is equal to or less than the cost of vehicle
rentals, gasoline and parking combined, or when such transportation is reasonably
necessary for time-efficiency. Fare reimbursements require valid receipts.
2.58.060 Lodging The District shall reimburse the actual cost of reasonable lodging
required for overnight travel. Directors incurring overnight lodging costs while on District
business shall seek appropriate, economical accommodations. Directors shall use
government and group rates for lodging when available.
Pursuant to AB 1234, if the Director's lodging is in connection with a conference or other
seminar (e.g. mandatory ethics training), the lodging costs cannot exceed the group rate
published by the event sponsor. If the group rate is not available at the time of booking, the
Director is to use comparable lodging that does not exceed the District's Policy or I RS rates,
whichever is lower.
The District's reimbursable lodging rate is the reasonable base room rate charged, plus
lodging taxes. Lodging reimbursements require valid, itemized receipts.
2.58.070 Meals Directors must use good judgment as to the reasonableness of meal
expenses. Reasonable meal costs shall be based upon the per diem rate tables listed in IRS
Publication 1542. Directors shall use reasonable efforts to avoid particular areas of high-cost
meals and travel.
Meal gratuities should not exceed acceptable and customary practices. Directors are
encouraged to take advantage of meals included in the price of a seminar, conference,
and/or their hotel room. Meal reimbursements require valid, itemized receipts.
2.58.080 Telephone/Fax/Cellular Directors shall be reimbursed for reasonable telephone,
cellular, and fax expenses when traveling for District business. When on overnight travel,
one telephone call per day to the Directors family may be submitted for reimbursement.
Telephone bills submitted for reimbursement shall identify all calls made for District
business. For cellular calls based on a Director's specified minute plan, the Director shall
identify the percentage of calls made for District business for reimbursement. The District
shall not reimburse cellular charges for multimedia or text messaging services, unless
permissible under Section 2.58.090, below.
2.58.090 Internet Directors shall be reimbursed for Internet access and/or usage fees while
out of town if Internet access is reasonably necessary for District-related business . Internet-
related expenses shall not exceed fifteen dollar ($15) per day.
2.58.100 Airport Parking Long-term parking shall be used for travel exceeding 24 hours.
Directors shall use good judgment in selecting the most cost-effective parking
accommodations available.
(00571477.00C 1 )25 Title 2, Administration
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2.58.11 O Cash Advance Policy From time to time, it may be necessary for a Director to
request a reasonable cash advance for anticipated ex penses while conducting District
business. All cash advance requests shall be submitted to the District's General Manager
five (5) business days prior to the need for the cash advance . The written requests shall
include the :
1. Purpose of the ex penditure(s);
2 . Benefits of the ex penditure(s) to the District ;
3 . Estimated amount of the ex penditure(s) (e .g., lodging, meal, and transportation
expenses); and
4. Dates of the expenditure(s).
Any unused advance shall be returned to the District within five (5) business days after either
the ex penditure date or the Director returns from out-of-town . The Director shall also provide
valid itemized receipts and a detailed expense report explaining how the cash advance was
used in compliance with this Poli cy .
If the District's General Manager is uncertain as to whether a request complies with this
Policy, then the requesting Director shall seek approval from the District 's Board at the next
regularly scheduled Board meeting .
2.58.120 Credit Card Use Policy District credit cards have been issued to each Director
and shall only be used for authorized District-related ex penses . Absolutely no personal
charges may be placed on the District's credit card at any time.
The Director shall provide valid receipts within thirty (30) business days of the credit card
use . All submitted credit card expenses shall include the proprietary itemized receipt and the
credit card receipt. The Director shall also include a detailed ex pense report stating the :
1. Dates of the ex penditure(s);
2 . Purpose of the expenditure(s);
3 . Benefits of the expenditure(s) to the District; and
4 . Any additional information .
2.58.130 Submitting Travel Expense Reports All cash advance ex penditures, credit card
ex penses and other expense reimbursement requests shall be submitted on the Distri ct
provided expense report form . This form shall include the following advisory :
All expenses reported on this form shall comply with the District's policies
relating to exp ense s and use of public re sources. The information submitted
on this form is a public record. Penalties for misusing public resources and
violating the District's policies include loss of reimbursement privileges,
restitution to the District, civil and criminal penalties as well as additional
income tax liability.
It is the Director's responsibility to provide a complete, detailed and factual accounting of
expenses on every expense report . Expense reports shall also indicate that the documented
expenses comply with this Policy .
(0057 1477.DOC 1 )2 6 Titl e 2 , Admini stration
Page 34 of 161
Except for cash advances, which must be submitted in accordance with Section 2.58.110
above, Directors shall submit their expense reports within thirty (30) days of incurring an
expense
Expense reports shall include valid, itemized receipts for each documented expense. All
credit card expense reports shall include the proprietary itemized receipt and the credit card
receipt. Inability to provide this required documentation may preclude reimbursement and
the Director will be personally responsible for the expenses .
The District's General Manager shall verify that the submitted expense report complies with
this Policy and approve the expense report for payment or reimbursement.
2.58.140 Reports to the Governing Board Directors shall provide brief reports on
meetings, seminars, conferences, and other events that they have attended at the District's
expense during the next regular Board meeting. If multiple Directors attended the same
event, then a joint report may be provided to the Board.
2.58.150 Compliance with Laws Directors shall keep in mind that some expenditures may
be subject to additional reporting requirements under the Political Reform Act and other
applicable laws . All District expenditures are public records subject to disclosure under the
California Public Records Act.
2.58.160 Violation of This Policy Use of public resources or falsifying expense reports in
violation of this Policy may result in the following penalties, without limitation : 1) loss of
reimbursement privileges ; 2) a restitution to the District ; 3) additional state and federal
income ta x liability for the Director; 4) civil penalties for misuse of public resources (up to
$1,000 per day plus three times the value of the unlawful use; and 5) prosecution for misuse
of public resources (2, 3, or 4 years in state prison and disqualification from holding public
office in California).
Chapter 2.62
HANDLING FORMAL COMPLAINTS REGARDING BOARD MEMBERS ALLEGED
VIOLATIONS OF DISTRICT CODE OR THE LAW
Sections:
2.62.010
2.62.020
2.62.040
2.62.050
2.62.070
2 .62.080
Introduction
Filing a Complaint
Acknowledgement and Notification
Investigation
Right to Refuse or Terminate Investigation
Resolution of Complaint
2.62.010 Introduction The District strives to conduct its business and achieve its mission
through the highest of ethical and legal standards. It recognizes the value of and
encourages input from the public and staff regarding the District's operations and
governance.
{00571477.DOC 1 )27 Title 2, Administration
Page 35 of 161
Any member of the public or District staff can make a formal, written complaint should they
have a concern that a Board member has or is violating District Code or local, state, or
federal laws. Before a complaint is filed, however, it is recommended that the complainant
first talk with the District's General Manager or Board President regarding the facts and
circumstances giving rise to the complaint. If the situation remains unresolved and the
complainant proceeds to file a complaint, then the following procedure will be followed:
This policy covers allegations of misconduct by any member of the District's Board of
Directors. Complaints will be investigated promptly and reported, recorded, and resolved in
accordance with the approved policy and procedures. In all cases, the rights of all parties will
be respected. Any complainant who submits a complaint will not be subject to any form of
retaliation or reprisal from the Board member or the District.
The purpose of the policy is to enable and describe the means for the gathering of facts
pursuant to any complaint; to ensure a complaint is investigated and responded to in a
manner that is transparent, timely, and fair.
Subjects will be informed of the specific nature of allegations in a formal complaint and will
have a fair and reasonable opportunity to respond to the allegations.
2.62.020 Filing a Complaint In order to be considered and responded to, a complaint must
be submitted to the District's General Manager's office or to any Board member in writing
and signed by the individual(s) making the complaint. The complaint must be specific in
nature, describing the facts and circumstances giving rise to the complaint in the clearest
terms possible, and include a clear and concise description of and submission of any
relevant supporting evidence that a Board member has violated District Code or any local,
state, or federal law. The complaint must identify whether the facts giving rise to the
complaint are the subject of any complaint made to or are the subject of any investigation by
an administrative agency or are the subject of any pending litigation.
The District will not act on complaints that are not in writing or which are anonymous, nor will
it consider complaints sent electronically or through facsimile transmission. In addition, the
District will not act on complaints submitted on behalf of another individual or complaints
forwarded to the District by someone other than the complainant. The District will not act on
any complaint which is based upon facts and circumstances or contains allegations that are
subject to an on-going investigation by a third party agency or that are in litigation. Care
must be given to protect the District's integrity from frivolous, vexatious and or
unsubstantiated complaints and from duplicating efforts to address the complaint in other
forums.
2.62.040 Acknowledgement and Notification Any complaint that the District receives shall
be acknowledged by the District in writing to the complainant within 10 days of receipt of the
complaint and a copy of this policy will be attached. The Board will be informed that a
complaint has been received and provided a copy of it.
2.62.050 Investigation Within 30 days of receipt of a complaint, the District's General
Manager and legal counsel will conduct a preliminary investigation to determine if the
complaint meets the above requirements for filing a complaint that will be reviewed and
{0057 1477.DOC 1 )28 Title 2, Administration
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acted upon and to determine if resolution of the complaint falls under the jurisdiction of the
District. The results will be communicated to the Board President to determine how to
handle the complaint. If the complaint is against the Board President, the General Manager
and legal counsel shall review the complaint with the Board Vice President and decide how
to handle it.
The President , or the Vice President if the complaint is against the President , is authorized
to direct the General Manager and legal counsel to further investigate the complaint ,
including hiring an investigator. If further investigation is authorized, the District will notify
the complainant that the investigation is on -going .
2.62.070 Right to Refuse or Terminate Investigation The Board President , or Vice
President if the complaint is against the President , may direct that no investigation of a
complaint be comm enced or may direct that an investigation be terminated if:
• The complaint is not within the jurisdiction of the District;
• The complaint is frivolous , ve xatious , or made in bad faith ;
• The complaint does not contain reasonable grounds or adequate evidence to initiate
an investigation ;
• The complaint subject matter is covered by and subject to the Memorandum of
Understanding between the Dist ri ct and the I BEW 1245 or the District's Personnel
Pol icies .
• The complaint is the subject of any investigation by an administrative agency or the
subject of any pending litigation .
2.62.080 Resolution of Complaint Upon completion of the investigation , the Board shall be
informed of the results of the investigation and determine the final resolution of the
complaint. Resolution of the complaint shall , at a minimum, include sending a written
response to the complainant describing :
• Summary of complaint;
• Summary of the District's preliminary investigation and any additional information
relevant to the complaint; and
• Summary of any action that has been or may be taken with respect to the complaint.
2.63 Handling Customer Complaints Not Involving Board Members
!:i customer ma'>' file a complaint with the District for : _____________________________ ----------------------------{~F_o _rm_a_tt_ed_:_Hi~g h_l ig~h_t ---------~
~ .) Interpretation of District Code
2 .) Interpretation of staff's decision regarding policies
3.) Request for a waiver
If at any time during business transactions a customer has an issue that arises , that needs
resolution , the customer should submit a written request: Th is Process does no t app ly 1n
e mergency situations . Em ergency situations will be dee med by the Ge neral Manager or
!h is/her des ignee .
1.) To the Deputy District Clerk for review by the Project Administrator
responsible for the project in question . Such request shall state all of the items of
con cern . The customer can expect a response within 10 business days from the
Deputy District Clerk 's receipt of the customer 's request.
{0057 1477.DOC 1 )29 Title 2 , Ad mini stra tion
Page 37 of 161
2 .) If the customer does not receive a response from staff or is not satisfied with
staff's determination , the customer can request in writing to the Deputy District Clerk
within 1 O business days of the date by which a response should have been received
or receiving the determination that the issue be reviewed further , at which time the
item will be reviewed by the appropriate Department Head . The customer can expect
a response within 10 business days from Deputy District Clerk 's recei Qt of the
customer's request.
3.) If the customer does not receive a response from Department Head or is not
satisfied with the Department Head 's determination , the customer can request in
writing to the Deputy District Clerk, within 10 business days a meeting with the
District's General Manager for a determination . The General Manager 's
determination will be final unless the customer would like to appeal the decision to
the Board of Directors .
The customer shall request at a regularly scheduled meeting of the Board of Directors , to
agend ize the item for the next regularly scheduled Board meeting. Scheduling shall be
consistent with the Brown Act and must occur with at least 72 hours prior notice . The
Board 's decision and interpretation of the matter is final and conclusive .
Res 2009-03 (1/7/09); Res . 2010-09 (6/2/10), MO 8/1/12 , Res 2014-07 (/21/14)
{0057 1477.DOC 1 )30 Titl e 2 , Admini stration
Page 38 of 161
5/21/2014
TITLE 3
FINANC E AND ACCOUNTING
CHAPTERS
3.01 Financial Goals
3.02 Budget Control
3.04 Auditing
3.05 Governmental Accounting Standards Board (GASB)
3.06 Electric Supply Procurement
3.08 Purchasing
3.10 Capitalization Policy
3.12 Accounts Receivable
3.16 Accounts Payable
3.20 Investments
3.24 Restricted Funds
3.32 Standby Charges and Assessment Districts
CHAPTER 3.01
FINANCIAL GOALS
Section:
3.01.01 Financial Goals
3.01.01.1 The following goals are established to promote and maintain the financial
strength of the District:
3.01.01.01 Planning Goals
• Review Water and Electric Master Plans at least every five years
• Review ten-year Finance Master Plan each year
• Prepare two-year operating budget with semi-annual reviews
• Prepare ten-year Capital Improvement Plan; update annually
• Review rate structure and levels every two years
• Review Financial Goals every year
3.01.01.02 Revenue Goals
• Set operating revenues to capture entire cost to provide service plus build and
maintain reserves and satisfy debt coverage ratios
• Review connection charges every two years and set them to recover all costs
• Review facilities fees every budget cycle and after the completion of a master plan
Title 3 Page 1 Page 39 of 161
3.01.01.03 Debt Goals
• Separate debt that is serving development (facilities fees), debt serving current
customers (rates), debt serving a special assessment district (assessments) and
debt financed by billing surcharges. These categories of debt should be separately
identified in the budget.
• One-half the debt service for all long-term debt in the aggregate is due in the first
ten years
• No more than one half the projected annual facilities fee revenue committed to debt
service
• No more than twenty-five percent of general fund revenues committed to debt
service
• No debt more than 25 year maturity
• No debt longer than useful life of the project
3.01.01.04 Cash Reserve Goals -Operations
• Water general fund should have a cash reserve equal to twice the highest month
budgeted expenditure (this will probably be the month in which principal and interest
on debt is due)
• Electric general fund should have a cash reserve equal to one half of the annual
budgeted operating expenses, excluding depreciation
• Electric rate stabilization fund (aka Electric Rate Reserve) should maintain a
balance of $3,000,000
3.01.01.05 Capital Reserve Goals
• There should be a revolving water capital reserve fund in the amount of $4,000 ,000
to permit projects to be initiated and funded prior to arrangement of long-term debt
or other financing .
• There should be an electric capital reserve fund in the amount of $1,000 ,000
minimum.
3.01.01 .06 Debt Reserve G oal s
• There should be a reserve fund for each debt instrument in an amount required by
each lender.
• A reserve fund should be established and maintained to pay for vehicle and
equipment purchases as needed. Long term financing should be used when
necessary and the life of the asset purchased is greater than 15 years .
(R ev 8/1/2012)
Title 3 Pag e 2 Page 40 of 161
CHAPTER 3.02
BUDGET CONTROL
Section:
3.02.010 Budget Control
3.02.010.1 In 2008, for budget year 2009, and each two budget year periods thereafter, the
General Manager shall submit to the Board of Directors a draft budget in the format
approved by the Board of Directors and following generally accepted accounting standards
for utility budgets.
3.02.010.2 Budget performance will be reviewed at a Board workshop each six months
after the close of the June and December accounting periods during each fiscal year.
3.02.010.3 The General Manager shall cause to be prepared a memorandum
accompanying the semi-annual budget performance review which describes any significant
variance from planned expenditures and any projects or needs that have occurred since
adoption of the budget that were not anticipated at the time the budget was prepared and
adopted.
3.02.010.4 With respect to the capital budget, the General Manager is authorized to make
line item transfers within any one department, provided the total capital budget for that
department is not exceeded. If the General Manager determines that a capital expenditure
is necessary which will exceed that department's capital budget, he/she shall submit a
recommendation to the Board of Directors for a budget amendment.
3.02.010.5 When Department Heads request the Board to approve projects (operating or
capital), they will indicate in the description and presentation how much has been budgeted
for the project and if the costs are expected to exceed their budget, recommend where the
excess costs will be obtained.
CHAPTER 3.04
AUDITING
Section:
3.04.010 Auditing
3.04.010.1 Hiring of Auditors Periodically, the Board of Directors will issue a request for
proposal for the purpose of hiring an audit firm to perform the District's annual audit.
Auditors will be requested to provide an engagement letter describing services they will
perform and a three year financial proposal. At the end of the three year period, the Board
will issue a new request for proposal, or if the Board decides to continue the services of the
current auditors, it will ask the then current auditors for a proposal to extend their services.
Title 3 Page 3 Page 41 of 161
3.04.010.2 Audit Performance The auditors will audit the District's records according to
generally accepted auditing standards for publicly owned utilities.
3.04.010.3 Audit Presentation The audit firm will present the results of the annual audit
to the Board of Directors at a Board meeting in draft form. The Board may adopt the audit
as presented or schedule the adoption of the annual audit at a future meeting.
3.04.010.4 Publication of Annual Audit The annual audit shall be posted on the
District's website within 30 days after completion of the audit and approval by the Board.
The complete audit will be sent to the District's lenders and to any person or organization
that requests a copy. Duplication fees may apply.
CHAPTER 3.05
GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB)
Periodically, the Government Accounting Standards Board (GASB) issues new accounting
rules for recording financial transactions that must be implemented by government
agencies. Each year, during the audit presentation process, any known new GASB
accounting standards that are required to be implemented during the current or future
years will be discussed with the Board of Directors. In the absence of GASB accounting
rules, the District is required to follow Financial Accounting Standards Board (FASB)
accounting rules to record accounting transactions.
Sections:
3.06.000
3.06.010
3.06.020
3.06.030
3.06.040
3.06.050
3.06.060
3.06.070
CHAPTER 3.06
ELECTRIC SUPPLY PROCUREMENT
General
Procurement Objectives
Commodity Pricing Policy
Counterparty Credit Policy
Transacting Policy
Authorized Transacting Products
Transacting Authority
Conflict of Interest
3.06.000 General It is the objective of the District to:
1. Provide reliable and high quality electric supply and distribution system to meet
current and future needs.
2. Assure that no activities related to energy supply purchase and sales will expose the
District to the possibility of large financial losses in relation to the size of the electric
supply reserve funds.
Title 3 Page 4 Page 42 of 161
3. Maintain and implement a long-term energy and load forecast.
4. Maintain and implement an Electric System Master Plan, including the required
facilities to meet the current and future demand and reliable supply.
5. Procure and contract for low cost electric power supplies to reliably meet current
and future loads, consistent with the Renewable Portfolio Standards.
6. Seek power supply from a resource mix that satisfies District Renewable Portfolio
Standard (RPS), Code Section 7.83.
3.06.000(A) RPS Supply Objectives:
1. Maintain reliable overall energy supply portfolio
2. Minimize adverse impact of acquiring new energy resources on customer electric
rates.
3. Renewable resources are defined as non-fossil fueled electric generating resources,
as defined pursuant to Public Utilities Code Section 399.3(i).
3.06.000(8) RPS Supply Strategies
1. Utilize Public Benefit funds to implement projects and to supplement appropriate
capital expense projects.
2. Strive to acquire small hydro and geothermal electric supply from WAPA, NCPA, or
UAMPS that are located within or can be transmitted to the Sierra Pacific control
area.
3.06.010 Procurement Objectives
1. Balance the need to purchase sufficient, reliable electric energy within District RPS
target (See Section 7 .83.040) and the tolerance for risk established by the Board of
Directors.
2. Provide stable electric rates to customers.
3. Preserve a supply cost advantage.
4. Provide procurement control procedures that are sufficient to identify, evaluate and
manage risk.
3.06.020 Commodity Pricing Policy
1. The General Manager is responsible for implementing the Electric Supply
Procurement policy by overseeing the process of all rate schedule development and
ensuring that all procedures are followed consistently and that all transactions and
calculations are appropriately documented.
2. Commodity Pricing is composed of two principles:
a) Direct Cost Recovery
All direct costs of providing service will be recovered in rates.
b) Risk Management
To the extent practicable, contract terms must protect the District from major
negative contingencies .
Title 3 Page 5 Page 43 of 161
3.06.030 Counterparty Credit Policy
The objective of the Counterparty Credit Policy is to minimize the potential adverse
financial impacts on the District in the event of a defaulting counterparty. The District will
strive to use Joint Power Agencies (NCPA or UAMPS) to check Counterparty Credit and
meet the objective of this policy.
The policy is to minimize the District's credit exposure and potential adverse financial
impacts by:
1. Establishing credit risk management governance and oversight.
2. Providing a procedure to enable the District to qualify energy suppliers and transact
with approved counterparties in a uniform and equitable manner.
3. Providing counterparty transaction parameters (limits) to control and measure the
District's exposure to any one supplier, and
4. Implementing a mechanism to monitor and report on supply portfolio related
counterparty credit exposure.
This policy applies to market-based commodity transactions as well as to physical asset-
based transactions, such as transmission capacity and generation ownership.
3.06.040 Transacting Policy
3.06.040(A) Anti-Speculation
Speculative buying and selling of energy products is prohibited. Speculation is defined as
buying energy not needed for meeting forecasted load or selling energy that is not owned.
In no event shall transactions be entered into to speculate on market conditions .
3.06.040(8) Maximum Supply Transaction Term
The maximum term of any supply transaction, either purchase or sale, shall be ten years
exclusive of options to extend, unless specifically approved by the District Board of
Directors, to meet long-term portfolio planning objectives.
3.06.040(C) Portfolio Performance and Value Reporting
The Electric Utility Manager shall prepare performance reports containing analysis of
physical and financial positions of all electric contracts. Reports shall be annually, unless
the ratio of the market value of a contract falls outside the risk limits prescribed by the
District Board of Directors, then the General Manager shall inform the Board of this fact
and recommend actions.
3.06.040(0) Competitive Process
Whenever possible, the Electric Utility Manager with the assistance from NCPA or UAMPS
or other entities approved by the Board shall obtain three or more quotations when making
a purchase or sale transaction and select the best price from a responsible qualified
bidder.
Title 3 Page 6 Page 44 of 161
3.06.040(E) Oversight
The Electric Utility Manager shall provide an oversight role along with the Administrative
Services Manager both reporting to the General Manager:
1. The Electric Utility Manager shall perform review of portfolio exposure, credit
exposure, transaction compliance and monitor risk limit compliance.
2. The Electric Utility Manager shall make recommendations to the General Manager
to temporarily or permanently halt transactions with one or more counterparties,
exceptions to rules and procedures, or other operational exceptions that represent
unacceptable risk exposure.
3. The Administrative Services Manager shall review all transactions, exceptions, and
settlement payment accuracy, reporting findings to the General Manager.
3.06.050 Authorized Transacting Products
Products allowed for electric transactions include energy, capacity, transmission and
ancillary service. Only physical transacting products are approved by the Board. Financial
products are explicitly prohibited.
Only the Electric Utility Manager, with General Manager's counter signature, is authorized
to perform a District energy transaction:
1. All transactions must be committed by authorized transaction personnel.
2. All transactions must be with approved counterparties with executed and Board
approved contracts.
3. All transactions must be with approved counterparties with adequate available
credit.
4. All transactions must be committed over recorded phone lines or via electronic mail.
5. All transactions must be for allowed transaction products.
6. All transactions must be consistent with Electric Supply Procurement policy.
Failure to observe and comply with this Policy when executing energy transactions is a
violation of District Code and is subject to disciplinary action.
3.06.060 Transacting Authority The General Manager has the authority to purchase and
sell energy products for terms of up to two years under open purchase contracts. Authority
to enter into transactions must be based on District Board of Directors approved contracts
such as master agreements, purchase agreements or other contractual forms. In all cases
the District Code provides the final authorization rules and regulations for energy
purchases.
3.06.070 Conflict of Interest Personnel involved in transacting and oversight of the
District energy supply resource acquisition products may not engage in financial conflicts of
interest, unless the District Board of Directors are duly informed and it elects to waive such
conflicts. All personnel in procuring or selecting counterparties for contracting or
transacting are required to complete, on an annual basis, the Form 700 Disclosure forms
Title 3 Page 7 Page 45 of 161
and submit these forms to the District Clerk. The General Manager is responsible for
routinely reviewing the Form 700 of each personnel engaged in the supply resource
decision-making process for the purpose of identifying potential conflicts of interest. District
Counsel will assist the General Manager in reviewing these forms and providing legal
advice in connection with such reviews .
Sections:
3.08.000
3.08.005
3.08.010
3.08.020
3.08.030
3.08.040
3.08.050
3.08.060
3.08.070
3.08.080
3.08.090
3.08.100
CHAPTER 3.08 (314109, Res 2009-10)
PURCHASING
Notification to Board of Directors
Local Preference Procurement Policy
Bid Procedure for Purchase of Commodities or
Equipment Over $15,000
Procedure for Purchase of Commodities or
Equipment Under $15,000
Bid Procedure for Issuance of Service Contracts
Over $15,000
Procedure of Issuance of Service Contracts Under
$15,000
Procedure for Entering into an Agreement for
Special Services
Joint Purchasing with the State and Other Public
Agencies
Process and Procedure for Retention of Consulting
Services
Change Orders
Contractor Insurance Requirements
Procurement Authorization During an Emergency
3.08.000 Notification to Board Prior to or concurrent with going to bid or issuing an RFP,
staff will notify the Board of Directors.
3.08.005 Local Preference Procurement Policy It shall be the policy of the District to
encourage local businesses to provide goods and services to the District in order to
maintain a healthy local economy, to increase local competition, and to lower core costs of
goods and services. To facilitate this policy, the District shall make purchases in
accordance with the following guidelines:
3.08.005.1 Local preference for the purchases of eligible goods and services may be
allowed by providing a 5% local preference where the purchases or contracts with a
respective local vendor or business during any fiscal year do not exceed $100,000.
Title 3 Page 8 Page 46 of 161
3.08.005.2 Proposals for services, by their nature, are evaluated based upon qualifications.
A 5% local preference shall be applied towards the fee component when scoring the
proposal.
3.08.005.3 In order to qualify for the above local preference, a vendor or business must
either 1) be a District rate payer in good standing for the past six months, or 2) receive
District power or water at their business location for the past six months; paid by a third
party.
3.08.005.4 Eligible procurements are:
• Commodities or equipment up to $10,000;
• Public works contracts up to $15,000;
• Other service contracts up to $100,000;
• Special services up to $100,000; and
• Consulting services up to $100,000.
3.08.005.5 This policy shall be reviewed annually to ensure consistency with the overall
policy objectives.
3.08.010 Bid Procedure for Purchase of Commodities or Equipment Over $15,000
Prior to issuing a purchase order for the purchase of any commodity or equipment, the
dollar value of which is fifteen thousand dollars ($15,000) or greater, the provisions of the
Public Contract Code shall be followed, as more fully described in the following sections.
3.08.010.1 When a Department Manager or the authorized Buyer/Clerk determines that
there is a need to issue a purchase order, the amount of which is fifteen thousand dollars
($15,000) or greater, he/she shall notify the General Manager by memorandum which
states the purpose of the purchase, the budget or work order account number to be
charged and the specification of the item or items to be purchased .
3.08.010.2 The General Manager shall review the memorandum and, if he/she approves
the request, shall cause a public notice to be published in a local newspaper of general
circulation requesting interested parties to submit sealed bids. The bids shall be publicly
opened and read at the date and time and in the place specified in the public notice. The
notice will also be posted on the District's website .
3.08.010.3 After the bids have been opened, the General Manager shall submit the matter
to the Board of Directors with a recommendation regarding award of the purchase contract.
3.08.010.4 When calling for bids on equipment available locally, the public notice shall be a
small display ad in a local newspaper of general circulation. The notice will also be posted
on the District's website.
3.08.010.5 The General Manager shall establish procedures to properly manage the
process of notifying bidders of the results of the purchase and to implement the decision of
the Board.
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3.08.010.6 Market Basket Purchase Approach For vendors from whom multiple items are
most likely to be bought, a "market basket" approach may be used to select the most
competitive vendor. This approach compares the aggregate cost for anticipated quantities
of items among vendors; the basis for selection is the lowest market basket cost. Should
the total anticipated purchases exceed $15,000, approval will be obtained by the Board.
3.08.010. 7 Sole Source Vendors Certain vendors provide goods and equipment that are
proprietary in nature such as certain utilities. For purchases that exceed $15,000, approval
will be obtained by the Board.
3.08.020 Procedure for Purchase of Commodities or Equipment Under $15,000 Prior
to issuing a purchase order for the purchase of any commodity or equipment, with a value
which exceeds ten thousand dollars ($10,000), but is less than fifteen thousand dollars
($15,000), the following procedures shall be followed:
3.08.020.1 The General Manager, a Department Manager or the authorized Buyer/Clerk is
authorized to issue a purchase order as defined in Section 3.08.020 after having first
secured three informal telephone quotes recorded in writing . In securing the quotes, the
vendors must be asked to state any price discount and any payment discount terms that
the vendor will offer the District. In the event that three quotes cannot be obtained, the
purchaser shall provide the General Manager with a written explanation and receive the
General Manager's approval prior to issuing the purchase order.
3.08.020.2 The purchase order shall be issued to the lowest responsive vendor taking into
consideration price and payment discount terms and delivery schedule.
3.08.020.3 Purchase orders for the purchase of commodities or equipment, with a value of
ten thousand dollars ($10,000) or less, may be issued by the General Manager,
Department Head, authorized Buyer/Clerk, or Special Projects Administrator to any
approved vendor after considering price, terms and delivery schedule.
3.08.020.4 Purchase orders for the purchase of commodities or equipment, with a value of
five thousand dollars ($5,000) or less, may be issued by the Superintendents, System
Engineers, Conservation Programs Administrator, Executive Secretary, or-Department
Manager or the Finance and Accounting Manager to any approved vendor after
considering price, terms and delivery schedule.
3.08.020.5 Should overruns or change orders expect to exceed authority of the party
issuing the purchase order, the next higher level of authority shall be notified for their
approval to continue.
3.08.030 Bid Procedure for Issuance of Service Contracts Over $15,000 Prior to
entering into a contract for services, with a value exceeding fifteen thousand dollars
($15,000), the following procedures shall be followed:
3.08.030.1 The term "services" includes, but is not limited to, construction, maintenance or
repair of District facilities , but does not include professional services such as legal,
engineering, architectural, landscape architecture, land surveying, construction project
management, accounting, financial, economic, energy advisory, information technology,
Title 3 Page 1 O Page 48 of 161
environmental, payroll services and administrative services as included within California
Government Code Sections 4525, 4526 and 53060.
3.08.030.2 When a Department Manager or the authorized Buyer/Clerk determines that
there is a need to issue a contract for a service to be performed the dollar amount of which
is fifteen thousand dollars ($15,000) or greater, he/she shall notify the General Manager by
memorandum which states the purpose of the service, the budget or work order account
number to be charged and the plan and/or specification of the service to be performed.
3.08.030.3 The General Manager shall review the memorandum and, subject to the
provisions of Section 3.08.030.4, if he/she approves of the service, shall cause a public
notice to be published in a local newspaper of general circulation requesting interested
parties to submit sealed bids. The bids shall be publicly opened and read at the date, time
and location specified in the public notice. The notice will also be posted on the District's
website.
3.08.030.4 If the service is such that plans and/or specifications need to be prepared by a
consultant and the cost of the consulting service is fifteen thousand dollars ($15,000) or
greater, the General Manager shall submit the matter to the Board of Directors for approval
before authorizing the consultant to proceed.
3.08.030.5 If the service to be contracted is of a nature that will likely attract bids from local
service providers, the public notice shall be in small display ad form in a local newspaper of
general circulation. In addition, advertisements or notices may be made in appropriate trade
journals and depending on the scope of the project, copies of bid documents will be sent to
local plan room libraries. If the project is not likely to attract local bidders, the ad is to be
placed only in the public notice section of the newspaper and in appropriate trade journals.
In either case, the notice will be posted on the District's website.
3.08.030.6 After the bids have been opened, the General Manager shall submit the matter to
the Board of Directors for approval with a recommendation regarding award of the service
contract. This recommendation will include the bid award amount and a not to exceed
amount for change orders to be authorized by the General Manager.
3.08.030.7 The General Manager shall establish procedures to properly manage the process
of notifying bidders of the results of the award and to implement the decision of the Board.
3.08.030.8 Sole Source Vendors Certain vendors provide services that are proprietary in
nature such as utilities. For purchases that exceed $15,000, approval will be obtained by
the Board.
3.08.040 Procedure for Issuance of Service Contracts Under $15,000 Prior to issuance
of a contract for a service with a value less than fifteen thousand dollars ($15,000), the
following steps shall be followed:
3.08.040.1 The General Manager shall cause plans and/or specifications to be prepared.
3.08.040.2 Three informal telephone quotes shall be secured in writing. In securing quotes,
the contractor shall be asked to state any price or payment discounts and a completion date.
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3.08.040.3 The contract shall be awarded by the General Manager to the lowest responsive
service provider taking into consideration price and completion date.
3.08.040.4 The General Manager may renegotiate and/or renew contracts upon their
expiration.
3.08.040.5 Should overruns or change orders expect to cause the service contract to
become $15,000 or greater, the General Manager shall notify the Board of Directors for its
approval to continue.
3.08.050 Procedure for Entering into an Agreement for Special Services Prior to
entering into an agreement for special services, the following procedures shall be followed:
3.08.050.1 The term "special services" includes, but is not limited to professional services,
such as legal, engineering, architectural, landscape architecture, land surveying,
construction project management, accounting, financial, economic, energy advisory,
information technology, environmental, payroll services and administrative services, as
included within California Government Code Sections 4525, 4526 and 53060.
3.08.050.2 When a Department Manager determines that there is a need to issue an
agreement for special services to be performed, he/she shall notify the General Manager by
memorandum which states the purpose of the special services, the budget or work order
account number to be charged and the plan of the special services to be performed.
3.08.050.3 The General Manager shall review the memorandum and if he/she approves the
special services, shall determine whether to enter into the agreement for special services
with or without seeking proposals from potential special service providers .
3.08.050.4 If the General Manager determines that no proposals are necessary, then he/she
may enter into an agreement for the special services up to his/her Board authorized
spending limit. Should the amount exceed the General Manager's spending limit, approval
to enter into an agreement will be brought to the Board of Directors for their consideration.
3.08.050.5 If the General Manager determines that proposals are necessary, then he/she
shall follow the procedures set forth in 3.08.070.3 through 3.08.070.13 for preparing and
issuing a Request for Proposals (RFP) and reviewing proposals.
3.08.060 Joint Purchasing with the State of California and Other Public Agencies The
District may purchase materials, equipment, supplies, information technology products and
services through the State of California procurement program and jointly with other public
agencies in accordance with the following procedures.
3.08.060.1 Notwithstanding any other provision of this Chapter, the District may purchase
materials, equipment or supplies, other than printed material, from the State of California
through its procurement program under Public Con t ract Code Section 10324 and jointly with
other public agencies, provided that:
3.08.060.1 (A) The District approves specifications for any purchase of materials, equipment
Title 3 Page 12 Page 50 of 161
or supplies, information technology products and services;
3.08.060.1 (B) The cost of such items is fifteen thousand dollars ($15,000) or more and the
purchase is approved by the Board of Directors;
3.08.060.1 (C) The State or public agency has solicited or advertised for bids in a manner
which complies with the competitive bidding requirements applicable to the District; and
3.08.060.1 (D) The State or public agency purchases such items at a price reasonably
expected to be lower than the District can obtain through its purchasing procedures.
3.08.060.2 The District shall reimburse the State or other public agency for any charge made
to the District for purchasing services.
3.08.060.3 Notwithstanding any other provisions of this Chapter, the District may purchase
materials, equipment, supplies, information technology products, programs and services
other than printed material, from the State of California through its procurement program,
or jointly with other public agencies, when the cost of such items is less than fifteen
thousand dollars ($15,000) when the District determines that it is in its best interests to do
so .
3.08.070 Process and Procedure for Retention of Consulting Services
3.08.070.1 Department Manager determines need for outside consulting services.
3.08.070 .2 Department Manager discusses need for consultant with the General Manager.
3.08.070.3 Upon the General Manager approval, the Department Manager and
departmental staff create a draft Request for Proposals (RFP) for review by the General
Manager. The draft RFP shall include a proposed scope of work and general description of
evaluation criteria to be used in reviewing the proposals. The weighting of the specific
evaluation criteria shall be included in the RFP. The RFP shall require a separate
Technical Proposal and a Cost Proposal sealed in separate envelopes.
3.08.070.4 The Contracts Administrative Clerk (CAC) shall begin advertising the RFP. A
notice of the RFP shall be mailed to consultants known to perform the required services
and when appropriate to the A/E Consultants Information Network. A notice of the RFP
shall also be published in a local newspaper of general circulation and shall be posted on
the District's website .
3.08.070.5 A staff committee shall be created to review the proposals. The committee
shall include staff from at least two separate Departments (Electric , Water, Administrative
Services). The exact makeup of the committee shall be determined by the General
Manager and Department Manager seeking the consulting services.
3.08 .070.6 The General Manager and Department Manager shall finalize the proposal
evaluation criteria and the weighting to be given to each component.
Title 3 Page 13 Page 51 of 161
3.08.070.7 After receiving proposals, they shall be held in the custody of the CAC. The
CAC shall distribute copies of all Technical Proposals to the staff committee members for
individual review.
3.08.070.8 The staff committee shall then hold a meeting to discuss the various proposals
and to rank the consultants based upon demonstrated competence , professional
qualifications and technical merit using the approved evaluation criteria .
3.08.070.9 At the same meeting, after completion of the technical rankings, the Cost
Proposals shall be opened and reviewed by the staff committee members. This review
shall ensure that the man hours, hourly rates , services and indirect costs given in the Cost
Proposal correspond to the level of effort described in the Technical Proposal and to the
level of effort expected by the District to perform the anticipated work.
3.08.070.10 The staff committee shall meet to discuss both the Technical and Cost
Proposals and determine a short list of consultants to be interviewed by the staff
committee.
3.08.070.11 After final review of the proposals , the staff committee may determine that a
given consultant is clearly superior to the other consultants and may recommend to the
General Manager that interviews are not necessary . The staff committee may also
determine that the proposed scope of work or the expected cost is such that conducting
interviews will not yield significant information for the staff committee to consider and
similarly recommend to the General Manager that interviews are not necessary .
3.08.070 .12 When interviews are to be conducted, the CAC shall contact the short-listed
consultants and schedule interviews. The date , time and duration of the interviews shall be
determined by the Department Manager in conjunct ion with the staff committee. The staff
committee shall also create a proposed outline and list of any questions to be posed to the
short listed consultants .
3 .08.070.13 After completion of the interviews , the staff committee shall determine a
recommended consultant for presentation to the Board of Directors. This recommendation
shall be based upon the individual consultant 's weighted scoring and their overall proposed
cost.
3 .08.070.14 The Department Manager shall prepare a memorandum and appropriate
documentation for presentation to the Board . The memo randum shall summarize the
following:
• Work to be performed by the Consultant.
• Number of proposals received.
• Ranking of consultants on a technical basis.
• Recommended Consultant and expected cost thereof.
• If the recommended consultant is not the Number 1 ranked firm on technical merit , the
memorandum shall describe the rationale used to develop the recommendation.
3.08.080 Change Orders The District cannot afford to maintain a large enough
construction crew or all types of service related skills to be able to undertake all projects
Title 3 Page 14 Page 52 of 161
and services in-house. Therefore, it relies on contractors and service providers to perform
work. These contractors and service providers perform work in accordance with plans and
specifications and based on a fixed price contract.
There are occasionally circumstances encountered after a contractor or service provider
has begun work that requires a change in the plans and specifications or scope of work
and result in a change in the contract price. These changes are generally matters that
could not be anticipated nor planned during the design and specification phase of the
project.
The contract change order is the procedure whereby plans and specifications or scope of
work and contract price can be changed after the contract is executed and work has
commenced. The Board of Directors authorizes the execution of contract change orders
up to the General Manager's contract authorization or up to the individual contract change
order authorization previously established by the Board.
Most contract change orders are such that their consideration by the Board can wait for a
regular Board meeting. However, under certain circumstances it is to the District's benefit
to permit the General Manager to authorize the Department Head to proceed with change
order work or to request a special board meeting to consider the matter.
Work can proceed on a contract change order prior to being reviewed by the Board of
Directors under the following circumstances:
3.08.080.1 When a delay in making the decision to change the contract would impose an
unreasonable financial burden on the District.
3.08.080.2 When the need for the change is so compelling that to proceed with the project
as originally planned is impossible or would be financially burdensome on the District.
3.08.080.3 When the amount of the change order price is less than 5% of the original
approved contract price.
3.08.080.4 At the time of award of a contract, the Board may pre-approve change order
contingencies up to a defined percentage of the contract or a defined dollar amount.
Change order contingency authority which has been approved by the Board, will be
administered by the General Manager up to the pre-approved limit.
3.08.080.5 The exercise of this prerogative should be done with discretion and in the
following manner:
3.08.080.5(A) A memorandum should be prepared setting forth the precise circumstances
justifying the change in plans and specifications or scope of work and should justify the
change in contract price.
3.08.080.5(8) The memorandum should be signed by the Department Head and General
Manager and forwarded within 48 hours to each Director.
3.08.080.5(C) A contract change order should be prepared for consideration by the Board
of Directors at its next regular meeting or at a special meeting if one is called.
Title 3 Page 15 Page 53 of 161
3.08.090 Contractor Insurance Requirements It is the policy of the District to require
contractors and service providers performing work for the District to maintain appropriate
insurance naming the District as an additional insured.
3.08.090.1 The form of insurance shall be broad form comprehensive general liability
which includes coverage for bodily injury, property damage, and products-completed
operations; automobile liability where applicable ; workers compensation. Additionally,
service providers may be required to include errors and omissions coverage .
3.08.090.2 The minimum amount of insurance shall be $2,000,000 per occurrence and
$4,000,000 in the aggregate. The General Manager shall consult with the insurance broker
of record and/or an independent risk manager for advice on the insurance requirements for
contracts that exceed $10,000, or that pose risk that, in the judgment of the General
Manager, warrant more than the minimum insurance.
3.08.090.3 The General Manager shall, after consulting with the insurance broker of record
and/or an independent risk manager, specify insurance requirements in contracts he/she is
authorized to let; or, in the case of contracts that must be let by Board action, the General
Manager shall , after consulting with the insurance broker of record and/or an independent
risk manager, recommend insurance requirements to the Board of Directors .
3.08 .100 Procurement Authorization During an Emergency
3.08.100.1 An "emergency" is a situation which poses an immediate risk to health, life,
property or environment. Most emergencies require urgent intervention to prevent
worsening of the situation. It is the General Manager's responsibility to take immediate
action to protect employees, customers and District property during an emergency.
3.08.100.2 During an emergency, the General Manager is authorized to repair or replace a
public facility, take any directly related and immediate action required by that emergency,
and procure the necessary equipment, services, and supplies for those purposes, without
immediate Board approval and without giving notice for bids to let contracts.
3 .08.100.3 The General Manager will report to the Board of Directors within 48 hours any
and all actions taken to deal with the emergency .
3.08.100.4 If the General Manager takes any action to manage the emergency that would
otherwise require competitive bidding, the Board shall initially review the emergency action
taken not later than seven days after the action or, at its next regularly scheduled meeting if
that meeting will occur not later than 14 days after the action, and at least at every regularly
scheduled meeting thereafter until the action is terminated, to determine , by a four-fifths
vote, that there is a need to continue the action, unless the General Manager has
terminated that action prior to the Board reviewing the status of the emergency.
3.08.100 .5 It is the District's intent to comply with all sections of the Public Contract Code
Section 22050 in managing emergency situations.
Title 3 Page 16 Page 54 of 161
Sections:
3.10.010
3.10.020
CHAPTER 3.10
CAPITALIZATION POLICY
Procedures
Capitalization requirements
3.10.010 Procedures shall be followed in determining which purchases should be
capitalized or expensed in the year purchased in accordance with generally accepted
accounting practices.
3.10.020 The following criteria shall be used to determine the capitalization of an asset:
1. The normal useful life of the item is at least two years from date of purchase .
2. The item has an acquisition cost (including freight and installation) of at least the
$10,000.
3. The item will not be substantially reduced in value by immediate use.
4 . In case of repair, the outlay will substantially prolong the life of an existing fixed
asset or increase its productivity significantly, rather than merely returning the asset
to a functioning unit or making repairs of a routine nature.
5. Land purchases and land rights must always be capitalized regardless of cost.
Sections:
3.12.010
3.1 2 .020
CHAPTER 3.12
ACCOUNTS RECEIVABLE
Miscellaneous Account Billings
Delinquent Accounts Receivable
3.12.010 Miscellaneous Account Billings A miscellaneous account is a bill rendered by
the District to a party to whom the District has rendered a service or provided a good for
which the District charges a fee but shall not be any service or good which is billed to a
customer of the District through the normal monthly utility billing system .
It is the policy of the District to protect the assets of the District by promptly issuing bills for
goods or services rendered, and by following well established follow-up procedures to
insure that bills are paid in a timely manner.
3.12.010.1 This policy shall apply to the billing and collection of miscellaneous accounts.
3.12.010.2 When any Department of the District notifies the Administrative Services
Department that a billable service or good has been provided, the Adm inistrative Services
Department shall promptly render a bill to the appropriate party. The miscellaneous
account bill is due and payable 30 days after the billing date .
Titl e 3 Pag e 17 Page 55 of 161
3.12.010.3 If the bill remains unpaid after 30 days, the bill shall be considered delinquent
and shall be assessed a late charge in accordance with current District policy, and a
second request for payment shall be promptly mailed.
3.12.010.4 If the bill remains unpaid after 60 days, the General Manager shall cause
collection proceedings to commence, which may include initiation of action at Small Claims
Court.
3.12.010.5 The General Manager is authorized to act within his/her discretion to alter the
time periods set forth in this policy when a miscellaneous account customer is cooperating
with the District in resolving an unpaid bill.
3.12.020 Delinquent Accounts Receivable At the end of June and December of each
year, the District Treasurer will have identified all delinquent accounts receivable on closed
accounts that are considered uncollectible that exist on the District's records for six months
or more . Any customer who is making payments on his/her delinquent account will not be
added to the delinquent account list until the customer stops making agreed upon
payments.
3.12.020.1 The District Treasurer is authorized to write off delinquent accounts up to 1/6%
of the annual amounts billed from the District's accounts receivable balance.
3.12.020.2 The District Treasurer will include in the monthly Treasurer's Report the details
of the accounts written off including the customer names and the dollar amounts being
written off.
3.12.020.3 Should delinquent accounts exceed the authorized limit (1/6% of the annual
amounts billed from the District's accounts receivable balance), the request for approval to
write off such accounts shall come before the Board of Directors for consideration.
Sections:
3.16.010
3.16.020
3.16.030
CHAPTER 3.16
ACCOUNTS PAYABLE
Pre-authorized Disbursements
Bills for Board Approval
Accounts Payable
3.16.010 Pre -authorized Disbursements
3.16.010.1 The District Treasurer shall be empowered to issue checks, with authorization
from the approving authority, without prior Board approval for the following items:
3.16.010.1 (A) Consumer deposits -deposit refunds with interest; reduction of deposits.
Title 3 Page 18 Page 56 of 161
3.16.010.1 (8) Refunds -credit balances, overpayments, refund of connection, facilities
fees and tap fees where the customer has decided not to build and the District staff has not
incurred any expense and line extension refunds.
3.16.010.1 (C) Contracts -maintenance contracts on District equipment; payments on
leased equipment and land; payments on contracts for software support services;
payments for contracts issued pursuant to Section 3.08.040 of this policy including
contracts for consulting and construction services.
3.16.010.1 (D) District Board of Directors -monthly compensation .
3.16.010.1 (E) District credit card payments. In the event a dispute occurs, the settlement
will be handled by the parties involved.
3.16.010.1 (F) Employee benefits previously approved by the Board including : deferred
compensation deposit; pension payments (401a, 457 and CalPERS); vision
reimbursements and any other payment or reimbursement pursuant to the District's
agreement with the International Brotherhood of Electrical Workers, Local 1245 and
employee benefits authorized in the District's Code 4 Personnel for management/exempt
employees.
3.16.010.1 (G) Expense checks -advances for meetings, seminars, conferences, etc., for
staff, General Manager and Board of Directors. Reimbursement for mileage and approved
out of pocket expenses in accordance with the Districts Title 4 expense reimbursement
policy.
3.16.010.1 (H) Insurance -life, health , disability and dental premiums.
3.16.010.1 (I) Payroll -employee checks, payroll transfers, meals, union dues , employee
savings deductions, workers compensation insurance, payroll tax withholding, employer
taxes and any other employer payroll obligations.
3.16.010.1 (K) Postage -Postage including stamps, trust fund, postage meter and bulk
mailing permit deposits.
3.16.010.1 (L) Repayment of internal loans approved by the Board Qournal entry only; no
actual check).
3.16.010.1 (M) Loans -Repayment of loans that have been approved by the Board of
Directors. Where practicable, the payment will be sent by ACH or wire transfer to the
lending institution on or before the payment due date.
3.16.010.1 (N) State Board of Equalization -sales tax, use tax and energy surcharges
collected.
3.16.010.1 (0) Wholesale power expenses including, but not limited to, the Northern
California Power Agency, the District 's current Board approved wholesale power supplier
and Sierra Pacific Power Company. Payments may be by ACH or wire transfer to the bank
account number provided by the vendor.
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3.16.010.1 (P) Bid items -where the Board has authorized a bid purchase and the invoice
excluding sales tax and shipping charges is less than or equal to the authorized contract.
Amounts billed above the bid amount must be approved by the General Manager or the
Board.
3.16.010.1 (Q) Monthly and annual building utility expenses for telephone, garbage ,
heating, sewer collection and treatment (TTSA and TSO), cable, Internet and utility bills
paid to other agencies such as electric utility bills for pump stations and wells.
3.16.010.1(R) Items approved by the Board : Any items that have been approved by the
Board at a scheduled board meeting (e .g. property and liability insurance renewal).
3.16.010.1 (S) The General Manager may approve payments required in an unpredicted
emergency situation with subsequent notification to the Board.
3.16.010.2 Upon direction of the General Manager and receipt of an appropriate, signed
authorization in accordance with Section 3.08.010 of this policy, the District Treasurer shall
be empowered to issue checks up to $15,000 and , in instances where the Board of
Directors has issued authorization for an expenditure of $15,000 or greater.
3.16.010.3 All checks issued in any of the above categories will appear in the accounts
payable check register provided in the monthly Treasurer's Report to the Board of Directors
for approval. Supporting documents will also be available for Board review in the
Administrative Services Department.
3 .16.020 Bills for Board Approval Bills which may be controversial should be listed as a
special agenda item accompanied with the General Manager recommendation.
3.16.030 Accounts Payable
3.16.030.1 Upon presentation of invoices for goods and services and other financial
obligations of the District in the format prescribed in Title 3, Chapter 3 .08 , Purchasing, to
the Administ rative Service Department, the Treasurer shall be authorized to issue payment
for such invoices
3 .16.030.2 All payments for District financial obligations shall be processed through the
District's computerized accounts payable program. Prior to issuing checks, the District's
Accounts Payable Clerk will verify the entries for accuracy including verifying that the
correct vendor has been keyed into the system; that the amount of charges are correct and
that the total of the invoice is correct; that the sales and use tax has been calculated
correctly ; that the appropriate authorization appears on the invoice; that the correct work
order number and account number or account number and activity code have been
assigned to the charges; and that the correct supporting documents are attached to the
invoice. The Accounts Payable Clerk will also verify that invoices greater than $10,000
have been approved by the General Manager and that invoices $15 ,000 and greater have
a Board authorized Minute Order attached showing the amount of the approved
expenditure or prior Board authorization for regular District expenditures as listed in Title 3,
Chapter 3.16.010, Pre-authorized Disbursements.
Titl e 3 Pag e 20 Page 58 of 161
3.16.030.3 After verifying that the above items are in order, the Accounts Payable Clerk will
run the checks for payment and print a check register listing the number of each check
issued, the vendor paid, the amount of the charges and the amount of the total check. In
order for the Accounts Payable Clerk to print checks, the Treasurer will also have to log
onto the District's computerized check printing and banking software and key in his/her
confidential password.
3.16.030.4 Before any payments, ACH transfers or wire transfers are released, the
Treasurer will then verify that the accounts payable check register and the individual
invoices match, that the invoices have been properly processed and that the expenditures
have been made in accordance with the District's purchasing procedures. The Treasurer
then authorizes the payment, ACH or wire transfer of funds using a secure program linked
to the District's bank account.
3.16.030.6 In the event that a manual check needs to be issued outside of the automated
check run process, the check will require two signatures. The two signatures can be any
two Board authorized checking account signatures.
3.16.030. 7 The Treasurer shall provide reports to the Board.
3.16.030.7(A) At the first regular meeting after the end of each month held by the Board of
Directors, the Board will be presented with
3.16.030. 7(A)(1) An accounts payable check register showing all of the checks issued for
the accounting period being presented; an investment report showing the status of the
District restricted funds; and a fund status report showing the location of all District funds
and the amount on deposit at each financial institution or organization.
3.16.030.7(8) The details of all checks issued and invoices paid shall be available for
review by any Director in the Administrative Services Department. The Board shall officially
authorize payment of all disbursements that have been made by the Treasurer and
presented on the accounts payable check register at a board meeting, monthly.
3.16.030. 7(C) The Treasurer shall list on the agenda any invoice for purchases that have
not been made in accordance with the District's purchasing policies as set forth in Title 3,
Chapter 3.08 Purchasing.
3.16.030. 7(0) Statement of the general fund showing the beginning checking account
balance, the categories of cash received by the District during the month, a summary list of
the cash disbursements made during the month, any authorized transfers in or out of the
general fund and the ending balance at the end of the month.
3.16.030.7(E) Semi-annual budget reports showing the status of budgeted expenditures
compared to actual expenditures will be presented at a board workshop after the close of
the June and December financial records.
Title 3 Page 21 Page 59 of 161
3.16.030. 7(F) Semi-annual financial statements showing the status of all revenues and
expenditures in the format of financial statements using generally accepted accounting
principles for utilities after the close of the June and December financial records.
Sections:
3.20.005
3.20.008
3.20.010
3.20.012
CHAPTER 3.20
INVESTMENTS
Local Agency Investment Fund Investments
Fund Transfers
Investment of Surplus Funds
Investment Policy
3.20.005 Local Agency Investment Fund Investments
3.20.005.1 Authorization has been given for the deposit and withdrawal of monies in the
Local Agency Investment Fund (LAIF) in the State Treasury in accordance with the
provisions of Section 16429.1 of the Government Code for the purpose of investment as
stated therein.
3.20.005.2 Any two of the following officers or employees of the District, the President of
the Board, the General Manager or the Treasurer, may execute documents to add or
delete District accounts and authorized persons to make transfers to and from those
accounts with the LAIF.
3.20.008 Fund Transfers
3.20.008.1 The Board approved commercial bank (Bank) is requested to honor, execute
and process the District's telephonic, electronic, written or oral requests for the transfer of
funds between the accounts of the District at Bank and the Local Agency Investment Fund,
subject to such terms and conditions as may from time to time be agreed upon by the
District.
3.20.008.2 Any one of the following listed officers or employees of the District, the
President of the Board, the General Manager or the Treasurer are hereby authorized,
directed and empowered for and on behalf of and in the name of the District as follows:
3.20.008.2(A) To execute agreements with the Bank providing for such funds transfers
and to make and verify requests for such transfers, and the Bank shall be entitled to honor
and charge this District for all such requests, when given (or purported to be given) by any
one of the above.
3.20.008.2(8) To make, execute and deliver such other agreements as may be required
by the Bank; and
Title 3 Page 22 Page 60 of 161
3.20.008.2(C) To perform or cause to be performed all further acts and execute and
deliver all further instruments which Bank may deem necessary to carry out the purposes
of this policy.
3.20.008.3 The District hereby ratifies and confirms the acts of its officers, agents or
employees in heretofore requesting transfers offunds from this District's accounts with the
Bank by wire or comparable transfer together with any acts performed in relation hereto.
3.20.008.4 That the Clerk of the District is hereby authorized and directed to execute,
acknowledge and deliver a certified copy of the Resolution related hereto to the Bank and
any other person or agency which may require copies, and that the certification of the
(Secretary) Clerk as to the signatures of the above named officers will be binding on this
District.
3.20.008.5 That the Bank is authorized to act upon this policy until written notice of the
revocation thereof by a resolution duly adopted by the Board of Directors of this District is
delivered to the Bank, such revocation is in no way to affect the obligations of this District
to the Bank incurred pursuant to the terms of this policy prior to receipt by the Bank of such
notice or revocation.
3.20.010 Investment of Surplus Funds The District Treasurer shall invest surplus funds,
both restricted and general, pursuant to the District's Investment Policy (District Code
3.20.12). A regular accounting of all fund activities shall be presented to the Board of
Directors in the monthly Treasurer's Report .
3.20.012 Investment Policy
3.20.012.1 Investment Authority In accordance with Section 53600 et seq. of the
Government Code of the State of California, the authority to invest public funds is expressly
delegated to the Board of Directors for subsequent delegation to the Treasurer. The
Treasurer of the District receives direction and authority to invest any and all District funds
from the Board of Directors of the District.
3.20.012.2 Statement of Objectives Per section 53600.5 of the California Government
Code, the primary objective of the Treasurer shall be to safeguard the principal of the funds
under his/her control when investing public funds. The secondary objective shall be to
meet all liquidity requirements and the third objective shall be to achieve an acceptable
return on the funds under his/her control.
In order of priority, three fundamental criteria shall be followed in the investment program:
1. Safety -Safety of principal is the foremost objective of the investment program .
Investments shall be undertaken in a manner that seeks to ensure the preservation
of capital in the overall portfolio. The objective will be to mitigate credit risk and
interest rate risk.
a) Credit Risk: The District will minimize credit risk, the risk of loss due to the failure
of the security issuer or backer, by:
i. Limiting investments to the safest types of securities.
Title 3 Page 23 Page 61 of 161
ii. Pre-qualifying the financial institutions, broker/dealers, intermediaries and
advisers with which the District will do business (custodial risk).
111. Diversifying the investment portfolio so that potential losses on individual
securities will be minimized (concentration of risk).
b) Interest Rate Risk: The District will minimize the risk that the market value of
securities in the portfolio will fall due to changes in general interest rates, by:
i. Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell
securities on the open market prior to maturity.
ii. Investing operating funds primarily in shorter-term securities, money market
mutual funds, or similar investment pools.
2. Liquidity-In an effort to ensure that the District's portfolio will be sufficiently liquid to
meet current and anticipated operating requirements, periodic cash flow analysis will
be performed. Investments shall be made so that the maturity date is compatible
with cash flow needs and safety of principal.
3. Yield -Investments shall be undertaken to produce an acceptable rate of return
after first considering safety of principal and liquidity and the prudent investor
standard.
Investment Strategy -The portfolio will be managed to meet the District's
cash flow needs. The maximum maturity of any security will not exceed 5
years except as specifically noted below. All investment activity shall be
consistent with prudent investor standard and in accordance with the
authorized investments included under District Code 3.20.012.5.
3.20.012.3 Prudent Investor Standard As applicable to the District, the prudent investor
standard is a standard of conduct whereby any person authorized to make investment
decisions on behalf of the District acts with care, skill, prudence and diligence under the
circumstances then prevailing, including but not limited to, the general economic conditions
and the anticipated needs of the District, that a prudent person acting in like capacity and
familiarity with those matters would use in the conduct of funds of a like character and with
like aims, to safeguard the principal and meet the liquidity needs of the District.
· 3.20.012.4 Portfolio Any reference to the portfolio shall mean the total of the District's cash
and securities under management by the Treasurer.
Except for cash in certain Board designated, restricted and special funds, the
District will consolidate cash and reserve balances from all funds to maximize
investment earnings and to increase efficiencies with regard to investment
pricing, safekeeping, and administration. Investment income will be allocated
to the various funds or accounts based on their respective participation and
in accordance with generally accepted accounting principles.
Title 3 Page 24 Page 62 of 161
The Treasurer may invest in any security authorized for investment under the California
Government Code, subject to the limitations described herein:
1. Maturity Limitations -
a) The aggregate maturity of the total portfolio must not exceed five (5) years for
the general operating funds of the District.
b) Funds which represent debt service reserve funds may be invested up to a term
of ten years, as long as the period invested does not exceed the term of the debt
repayment.
c) Investments of restricted funds held for the Donner Lake Assessment District
that are not expected to be needed to pay debt service on the SRF loan may be
invested up to the term of the SRF loan.
d) Construction funds may be invested to mature on or before the date funds are
expected to be needed for construction purposes.
2. Investment Transactions -the purchase of any investment other than those
purchased directly from the issuer shall be, to the extent possible, from a firm
designated as a Primary Dealer by the Federal Reserve of New York.
3. Sale of Securities -Securities may be sold to provide needed liquidity, to
restructure the portfolio to reduce risk or to increase the expected return of the
portfolio. In no instance shall a sale of securities be used for speculative purposes.
All sales are to be reported to the Board on a monthly basis.
4. Prohibited Investments -Prohibited investments include inverse floaters, range
notes, interest only strips derived from a pool of mortgages (Collateralized Mortgage
Obligations), and any security that could result in zero interest accrual if held to
maturity. (Zero interest accrual means the security has the potential to realize zero
earnings depending upon the structure of the security. Zero coupon bonds and
similar investments that start below the face value are legal because their value
does increase.)
5. Safekeeping
a) All securities transactions entered into by the District shall be conducted on a
delivery versus payment (DVP) basis.
b) Securities shall be held by an independent custodian designated by the
Treasurer and held in safekeeping pursuant to a safekeeping agreement.
c) All financial institutions which provide safekeeping services for the District shall
be required to provide reports or safekeeping receipts directly to the Treasurer to
verify securities taken into their possession.
3.20.012.5 Authorized Investments
1. The District's authorized commercial bank in an interest bearing checking or savings
account. The Treasurer is authorized to make daily deposits and withdrawals for
purposes of the safekeeping of District monies and payments of District financial
obligations.
Title 3 Page 25 Page 63 of 161
2. Local Agency Investment Fund (LAIF) Deposits for the purpose of investment in
the Local Agency Investment Fund of the State of California Treasury may be made
up to the maximum amount permitted by State Treasury policy. Any LAIF
investments made by the District shall be considered to be short-term in nature
even if the LAIF has invested in individual longer-term securities. The Treasurer is
authorized to make regular transfers to and from LAIF up to the limit of transactions
established by the LAIF investment policy for purposes of meeting the District's daily
cash flow needs and earning interest on surplus funds.
3. Any other investments authorized and listed in the Government Code Sections
53600-53609. The Treasurer will consult with the Board of Directors when
recommending any of the investments within these sections other than subsections
1 and 2 above. From time to time, the Board may also consult with an investment
professional pursuant to Title 3.20.012.2 Section 1 a) ii. Each investment will be
specifically authorized by the Board of Directors.
4. Bond proceeds and reserve funds will be invested only in permitted investments or
authorized investments defined in the Trust Agreement for each particular financing
which has previously been approved by the Board of Directors (Government Code
Section 53601 I). The Treasurer will consult with the Financial Advisor or Trustee on
the financing for investment recommendations to submit to the Board of Directors
for approval. The Treasurer is authorized to invest funds in a money market fund or
LAIF with the Trustee pending investment of those funds in a longer-term
investment, which will be approved by the Board of Directors.
3.20.012.6 Reporting In accordance with Section 53646 of the California Government
Code, the Treasurer shall submit a quarterly report to the Board of Directors within 30 days
following the end of the quarter covered by the report. The report shall include investment
activity, including yield and earnings, and the status of cash by depository.
3.20.012. 7 Internal Controls Annually, the District will have an independent audit by an
external auditor. This audit will provide internal control by assuring compliance with
policies and procedures.
3.20.012.9 Annual Review of Investment Policy The Investment Policy shall be submitted
at least annually to the Board of Directors for adoption. The policy shall be reviewed
annually to ensure its consistency with the overall objectives of preservation of principal,
liquidity, yield and its relevance to current law and financial and economic trends. The
review will also include the review of the diversification of the investments in the portfolio
and the custodial risk of the portfolio. Any modifications made thereto must be approved
by the Board of Directors.
Title 3 Page 26 Page 64 of 161
Sections:
3.24.010
CHAPTER 3.24
RESTRICTED FUNDS
Restricted Funds
3.24.010.1 The Board of Directors will direct staff when monies collected by the District are
to be considered as restricted funds.
3.24.010.1 (A) Board Designated Restricted Funds are those funds restricted by Board
action and which the Board can change the purpose of the designation at any time.
3.24.010.1 (8) Restricted Funds are those funds that are restricted by contract or
agreement with the District such as a loan reserve fund.
3.24.010.2 Restricted funds will be invested pursuant to the District's investment policy as
described in Chapter 3.20, Investments.
3.24.010.3 All interest earned upon said restricted funds shall adopt a character of and
become part of the specific restricted account unless otherwise directed by the Board of
Directors. In the case of loan reserv~ funds whose balances are greater than the reserve
requirement, the surplus funds may be used to offset the principal and interest payments
on the loan.
3.24.010.4 Expenditures from restricted funds shall be authorized by the Board of
Directors. From time to time, the Board may pre-approve transfers from restricted funds in
advance that pertain to specific projects or activities.
3.24.010.5 The District's Treasurer will include a monthly report on the activity of the
restricted funds accounts along with the monthly Treasurer's Report.
Sections:
3.32.010
3.32.020
CHAPTER 3.32
STANDBY CHARGES AND ASSESSMENT DISTRICTS
Collection of Delinquent Assessments
Standby Charges
3.32.010 Collections of Delinquent Assessments The following procedure is to be used
by the District staff in connection with the collection of delinquent assessments.
Assessments are due on November first and February first of each year, and are
delinquent after December tenth and April tenth, respectively.
Following is the procedure the District has adopted for collecting delinquent assessment
payments:
Title 3 Page 27 Page 65 of 161
3.32.010.1 By January thirty-first and May thirty-first of each year or as soon as the county
records are available, the District Treasurer will contact the County Tax Collector's Office
and determine whether any assessments are delinquent and, if so, the amount of any such
delinquency. The District Treasurer will then immediately send a collection letter,
requesting payment within fifteen days.
3.32.010.2 If not paid within fifteen days of the collection letter, the District Treasurer will
send, by certified mail, a demand letter. This letter will demand payment within ten days,
and will indicate that, if not paid, the matter will be referred to District Foreclosure Counsel
for initiation of foreclosure proceedings against the delinquent parcel. A list of delinquent
parcels will be presented to the Board for authorization to proceed with the foreclosure
process.
3.32.010.3 The Board may authorize a third party company who specializes in performing
services listed in section 3.32.010.1 and 3.32.010.2 to work with the District staff to bill and
collect assessment monies due.
3.32.010.4 The Board may authorize the use of foreclosure counsel to proceed with the
foreclosure process pursuant to California State law and the requirements of any debt
instruments where the debt is secured by assessment payments. Staff will keep the Board
informed throughout the foreclosure process.
3.32.010.5 The County requires the District to remove delinquent Communities Facilities
District parcels from the County tax roll on or about June 3Q 1h of each County fiscal year.
The District Treasurer will authorize the County to remove the delinquent parcels from the
County tax roll before referring delinquent parcels to foreclosure counsel. Removal of a
delinquent parcel from the County tax roll does not release property owners from their
payment obligations.
3.32.010 .5 All delinquent assessment payments will be required to include any late fees,
legal fees and/or administrative charges allowed to be collected under California State law.
3.32.010.6 In cases where assessments are collected on the Nevada or Placer County tax
bills and where the Counties reimburse the District for 100% of the amount assessed,
District staff may send collection and demand letters on delinquent assessments but will
not proceed to the foreclosure process. The foreclosure process will be processed by
Nevada and Placer Counties pursuant to County and California State law.
3.32.020.1 Standby Charges Annually, the Board of Directors will authorize by resolution
the continuance of and the amount of charges for electric and water standby charges.
Thereafter, the General Manager shall direct staff to prepare an updated list of unimproved
parcels to be assessed electric and water standby charges. The records shall be prepared
in a format acceptable to both Nevada and Placer Counties and shall be submitted to them
before their scheduled deadline . The assessments will then appear on the annual property
tax bills sent out by Nevada and Placer Counties. Nevada and Placer Counties will then act
as the collection agents for the assessments and will forward payment to the District
pursuant to county policy.
Res. 2010-09 (6/2/10), Res. 2011-02 (4/6/11), Res 2014-07 (5/21/14)
Title 3 Page 28 Page 66 of 161
CHAPTERS:
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
4.11
4.12
Sections:
4.01.010
4.01.020
4.01.030
4.01.040
4.01.050
4.01.060
TITLE 4
PERSONNEL
General Administration
Employment Non-Discrimination
Job Descriptions
Recruitment and Examinations
Appointments and Probationary Period
Compensation
Employment Benefits, Holidays, and Leaves
Performance Appraisal
Employee Activities
Disciplinary Actions
Grievances
Employee Safety and Health
CHAPTER 4.01
GENERAL ADMINISTRATION
Introduction
Personnel Administration and Delegation
Personnel Records
Medical Records
Coordination with Memorandum of Understanding
Release of Employee Information
5/21/2014
4.01.010 Introduction It is the intent of the District to establish and maintain an equitable
and uniform system for dealing with personnel matters. It is also the intent of the District
to comply with applicable laws relating to the fair and equitable administration of a
comprehensive personnel system. The rules and polices contained in this Title of the
District Code reflect the principles and standards of the District's system of employment.
The provisions of the personnel policies included in this Title do not constitute a
contractual right to District employment. Each employee is responsible for knowledge of
and compliance with these rules.
The District reserves the right to change or modify the terms and conditions set forth in
this Title.
4.01.020 Personnel Administration and Delegation The Board of Directors authorizes
the General Manager to administer, interpret , and implement the District personnel
policies. The General Manager may delegate any of the personnel administration
authority to other designees.
1 Title 4, Personnel
Page 67 of 161
4.01.030 Personnel Records The District shall maintain a personnel file for each District
employee, the contents of which meet the customary standards of good personnel
practices and which fairly represent the employee's work history with the District. Such
records shall only be accessible to the General Manager, Human Resources, the
employee and such other persons as the District deems have a "need to know".
Department heads and supervisors shall have access to performance evaluation records
of subordinate employees in their department, as well as such other personnel records
about which they have a "need to know".
Upon the employee's request, the District shall , at reasonable times and intervals, permit
that employee to inspect his or her file . The review will be conducted in the presence of a
Human Resources representative .
4.01.040 Medical Records Human Resources shall maintain all employee medical
information in separate, confidential files . The District will not disclose employee medical
information, except to District management personnel with a legitimate personnel need
for access, without prior written authorization from the employee , or except as required
by law, subpoena , or Court order.
4.01.050 Coordination with Memorandum of Understanding Where an employee is
within the bargaining unit covered by a Memorandum of Understanding (MOU) in effect
between the District and the Union , and the matter is spec ifically addressed in the MOU ,
the terms of the MOU shall govern. In all other cases, the policies included herein shall
apply.
4.01.060 Release of Employee Information It is the policy of the District that all
inquiries regarding current or former employees of the District should be referred to the
Human Resources Department for response .
2
a) Human Resources staff will release only the facts of current or former
employment, the position held, and dates of employment , unless the employee or
former employee has signed a written waiver authorizing the release of additional
information ,
b) Human Resources staff will provide additional information concerning quality of
work only with the prior written consent of the employee or former employee and a
signed Release of Information Authorization form is on file in the HR Department.
c) The Human Resources staff may authorize individual supervisors to respond to
requests for detailed information when a signed release is on file in the HR
Department.
d) Home add resses or telephone numbers shall not be released except in the case of
an emergency.
Title 4 , Personnel
Page 68 of 161
Sections:
4.02.010
4.02.020
CHAPTER 4 .02
EMPLOYMENT NON -DISCRIMINATION
Equal Employment Opportunity Policy
Discrimination, Harassment and Retaliation Policy
4.02.010 Equal Employment Opportunity Policy It is the policy of the District to
provide equal employment opportunity in all aspects of the employer-employee
relationship, including recruiting, hiring, upgrading and promoting, training , education
assistance, social and recreational programs, compensation, benefits, transfers ,
discipline, layoff, recall and all privileges and conditions of employment. The District will
not unlawfully discriminate because of race, color , religion , national origin, ancestry,
citizenship, sex, age, marital status , registered domestic partner status, physical or
mental disability, medical condition, sexual orientation, veteran status or on any other
protected basis as designated by applicable federal, state or local law, ordinance or
regulation (referred to as the "Protected Bases ").
The District provides employment-related reasonable accommodations to qualified
individuals with disabilities within the meaning of the California Fair Employment and
Housing Act and the Americans with Disabilities Act.
4.02.020 Discrimination, Haras s ment, and Retaliation Policy The District wishes to
provide a business environment that is free of unlawful discrimination and harassment
and has zero tolerance for this type of behavior. Individuals who engage in such behavior
will be subject to disciplinary action up to and including termination .
Therefore , this policy is established by which persons who believe they have been
subjected to discrimination or harassing behavior may have their concerns reviewed,
addressed and corrected as appropriate.
Res . 2009-13 (5 -6-09)
4 .02.020.1 Discrimination prohibited : It is the express policy of the District to conduct
its business such that no employee , applicant for employment, customer, supplier,
contractor or any other person who does business with the District or interacts with the
District in any manner is subjected to discrimination on any legally protected basis.
4.0 2 .0 20.2 Harassment defined: Harassment is a form of misconduct which undermines
the integrity of the employment relationship or the relationship with the public.
Harassment is behavior which is unwelcome , which is offensive to a reasonable person,
or lowers morale or interferes with work.
3 Title 4 , Personnel
Page 69 of 161
4.02.020.3 Sexual harassment defined: Sexual harassment is defined as unwelcome
sexual advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature, when:
a) Submission to the conduct is made either explicitly or implicitly a condition of
employment;
b) Submission to or rejection of the conduct by an individual is used as the basis for
an employment decision affecting such individual;
c) Such conduct has the purpose or effect of substantially interfering with the
individual's work performance or creates an intimidating, hostile or offensive work
environment.
4.02.020.4 Other forms of prohibited harassment: Harassment because of any of the
Protected Bases is expressly prohibited. Harassment includes any verbal, written, or
physical act in which any of the Protected Bases is referred to or implied in a manner that
would make another person uncomfortable in the work environment or that would
interfere with another person's ability to perform his or her job. Examples of harassment
include inappropriate comments or jokes; the display or use of offensive objects or
pictures; use of offensive language; or any other inappropriate behavior which has the
purpose or effect of discriminating on any of the Protected Bases as designated by
applicable federal, state, or local law, ordinance or regulation.
a) How to report instances of harassment or retaliation: The District cannot
resolve matters that are not brought to its attention. Any employee, regardless of
position, who has a complaint of or who believes he or she has witnessed
harassment, discrimination or retaliation at work by anyone, including supervisors,
managers, employees or even non-employees, has a responsibility to immediately
bring the matter to the District's attention. If the complaint or observation involves
someone in the employee's direct line of command, or if the employee is
uncomfortable discussing the matter with his or her direct supervisor, the
employee is urged to go to the General Manager or the Human Resources
Manager.
b) How the District will investigate complaints: The District will thoroughly and
promptly investigate all concerns or complaints under this policy. If an
investigation confirms that misconduct has occurred, the District will take
corrective action as appropriate, up to and including immediate termination of
employment.
Complaints under this policy will be kept as confidential as possible. Information will be
released only on a "need to know" basis, and no employee will be subject to retaliation by
the District because he or she has made a report or complaint under this policy.
4.02.020.5 No retaliation: It is strictly against District policy to retaliate against anyone
who reports or assists in making a complaint of prohibited harassment, or who
participates in the investigative process under this policy. Prohibited retaliation may
include, but is not limited to, withholding pay increases, negative evaluations, onerous
work assignments, withdrawing friendly courtesies, demotion, discipline, or dismissal.
The District does not tolerate retaliation, and violation of this Policy will result in discipline
up to and including termination. Anyone who feels that he or she has been subjected to
retaliation should bring this to the General Manager's attention.
4 Title 4, Personnel
Page 70 of 161
CHAPTER 4.03
JOB DESCRIPTIONS
Section:
4.03.010 Job Descriptions
4.03.010 Job Descriptions The General Manager shall ensure that for each employment
position at the District, the District maintains a written job description summarizing the
duties, responsibilities, and employment standards of the position. Each job description
shall generally outline the main characteristics and qualification requirements of positions
and give examples of duties which employees holding such positions are typically
required to perform. Each job description shall contain minimum requirements for
positions, including training, experience, knowledge, licenses, skills, and abilities. All job
descriptions are subject to approval and signatures by the General Manager.
Sections:
4.04.010
4.04.020
4.04.030
4.04.040
4.04.050
CHAPTER 4.04
RECRUITMENT AND EXAMINATIONS
Recruitment of Department Heads
Recruitment of Management Employees
Bargaining Unit Employees
Application Forms
Examinations
4.04.010 Recruitment of Department Heads When a vacancy occurs in a department
head position, the General Manager shall review the job description to determine its
continuing applicability and shall recommend a salary range to the Board of Directors.
The Board of Directors shall adopt a salary range for the position . The position will be
publicized by such methods deemed appropriate by the General Manager or the Human
Resources Manager.
The Human Resources Manager shall appoint an interview committee. The committee
shall consist of the General Manager, one member of the Board of Directors, and three
additional persons . The three appointed persons should include a department head of the
District, an employee of the District who would be subordinate to the new department
head, and a peer professional of the new department head from outside the District
organization.
5 Title 4, Personnel
Page 71 of 161
The initial screening of applicants will be performed by the interview committee. The
committee may utilize various testing methods that they deem appropriate in screening
applicants.
The District shall reimburse the candidates for reasonable costs to attend the interview.
The committee shall recommend the appointment of a successful candidate to the
General Manager or, in the alternative, may recommend that no candidate be hired and
that others be interviewed, or the process be initiated again. The committee shall set forth
its recommendations in writing .
The General Manager shall appoint a person to fill the vacancy. In making the
appointment, the General Manager shall give due consideration to the recommendation
of the interview committee. The General Manager is not bound by the decision of the
interview committee.
The General Manager shall report his decision to the Board of Directors.
4.04.020 Recruitment of Management Employees Selection and placement of all
management level employees will be through a competitive and open process to select
the most qualified candidate for the position. The process shall include:
a) The hiring manager and Human Resources shall review the current job
description to ensure that it is current and meets the needs of the District. The
approval of the General Manager must first be obtained before any changes
may be made to the job description .
b) Advertise the open position for both internal and external candidates.
c) Invite top candidates to an initial panel interview. The panel shall consist of one
outside member and two District staff members in addition to the hiring
manager. A uniform set of questions shall be used for all candidates.
d) A second interview shall be conducted by the hiring manager.
e) Selection of the successful candidate shall be made by the hiring
manager/supervisor, subject to background and reference checks and physical
screening. Approval of the General Manager is required before an offer of
employment is made.
f) Any deviations from this process must be approved in advance by the General
Manager.
4.04.030 Bargaining Unit Employees Bargaining Unit positions will be filled in
accordance with the provisions of the MOU.
If the position is not filled by a current employee, the District shall follow the same
procedure as recruiting for management employees, except the panel interview will not
include an outside member.
Any deviations from this process must be approved in advance by the General Manager.
6 Title 4, Personnel
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4.04.040 Application Forms All applications for employment shall be made on forms
provided by the District. Application forms shall require information covering training,
experience, and other pertinent information. All applications must be signed and dated by
the person applying .
4.04.050 Examinations The selection techniques used in the examination process shall
be impartial, of a practical nature, and shall relate to those subjects that fairly measure
the capability of applicants to perform duties assigned to the position for which they seek
appointment.
CHAPTER 4.05
APPOINTMENTS AND PROBATIONARY PERIOD
Sections:
4 .05.010
4.05.020
4.05.030
4.0 5.040
Pre-employment Physical Examinations
Pre -employment Background Investigations
Nepotism/Fraternization
Probationary Period
4.05.010 Pre-employment Physical Examinations A physical examination, i ncluding
appropriate drug testing , will be required for all prospective employees after a contingent
offer of employment is made and prior to starting work. The District will select the health -
care provider and the examination will be at District expense .
4.05.020 Pre-employment Background Investigations An applicant who has received
a conditional offer of employment shall be required to authorize the District to conduct a
background check specifically related to the position offered.
4.05.030 Nepotism/Fraternization It is in the District's best interest to avoid conflicts of
interest, favoritism or the appearance of favoritism, and to decrease the potential for
inappropriate or illegal conduct in the workplace , including , but not limited to, sexual
harassment.
Accordingly, no person will be considered for employment with the District who is closely
related to a member of the District's Board or is closely related to an existing employee in
positions that would create a conflict of interest. For purposes of this policy, a close
relative is defined as spouse or domestic partner, children (stepchildren), parents
(stepparents), siblings (step -siblings), grandparents or g randchildren , or in-laws of the
Board member or employee. Persons who cohabitate , but are not married, are
considered close relatives for purposes of this policy and therefore subject to all
restrictions and limitations .
In the event employees create a close relationship as described above after they are
hired by the District, the following provisions apply:
7
a) The related employees cannot have a supervisory or reporting relationship with
each other;
Title 4 , Personnel
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b) Neither employee can work in a position in which District information is privileged
or confidential and would present a conflict of interest on the part of either
employee .
If the relationship of two employees is determined to create a conflict of interest, whether
actual or potential, one of the employees will be required to terminate employment. If the
affected employees cannot decide which of them shall resign, the employee with the
shortest tenure with the District shall be terminated .
4.05.040 Probationary Period The probationary period shall be regarded as a part of the
selection process . During the probationary period, the employee shall be considered in-
training, and under careful observation and evaluation by supervisory personnel. This
period will be used to train and evaluate the employee's effective adjustment to work
tasks, conduct, observance of rules, attendance, and job responsibilities . Any
probationary employee whose performance does not meet required standards of job
progress or adaptation may be released from District employment.
All original and promotional appointments shall be subject to a probationary period of not
less than six (6) months . The probationary period may be extended in circumstances
where further evaluation of the employee is deemed necessary by the District.
At the conclusion of the employee's probationary period and if the employee's
performance has been deemed satisfactory by the District, the employee shall be
reclassified as a regular employee .
Probationary employees may be discharged at any time during the probationary period
with or without cause and without the right of appeal.
Sections:
4.06.010
4 .06.020
CHAPTER 4.06
COMPENSATION
Compensation Plan
Payment of Salary
4.06.010 Compensation Plan The General Manager shall maintain a compensation plan
for all classes of positions . The plan shall establish a salary range or rate of pay, showing
minimum and maximum rates for each class. The General Manager shall submit the
compensation plan to the Board of Directors for approval.
4.06 .020 Payment of Salary The calendar work week begins at 00:00 a.m. on Saturday
and ends at 24:00 p.m. Friday. The pay period for all employees shall be based on a bi-
weekly period and will be paid not later than seven (7) days following the end of the pay
period.
8 Title 4, Personnel
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CHAPTER 4.07
EMPLOYMENT BENEFITS, HOLIDAYS, AND LEAVES
Sections:
4.07.010
4.07.020
4.07.030
4.07 .040
4.07.050
4.07.060
4.07.070
4.07.080
4.07.090
4.07.010
4.07.011
4.07.012
4.07.013
4.07.014
4.07.015
4.07.016
4.07.017
4.07.018
4.07.019
4.07 .020
General
Insurance Plans
Retirement Plan
Supplemental Income Plans
Post-Retirement Benefits
Longevity
Holidays
Vacation Leave
Administrative Leave
Sick Leave
Family and Medical Leave
Pregnancy Leave
Unpaid Personal Leave
Military Leave
Jury Duty
Bereavement Leave
Industrial Disability Leave
Limitations
Return-to -work Physicals
Donation of Accrued Vacation Leave
4.07.010 General The policies in Chapter 7 shall apply to all regular employees of the
District who are not covered by a Union Memorandum of Understanding.
4.07.020 Insurance Plans
4.07.020.1 Group Medical Insurance Plan: Group Medical Insurance Plan: The District
shall provide and pay the full premium for coverage of employees and their dependents . Part-time
employees will receive a pro-rated contribution based on their percentage of full-time
equivalency. Employees have a choice between two plans :
(a) The NRECA Preferred Provider Organization (PPO) plan with a $400 individual/$1200
family deductible .
(b) The NRECA High-Deductible Health Plan with a $1300 individual/$2600 family deductible.
The District will make a contribution to the employee's Health Savings Account if this lower
cost plan is selected .
9
(b) The NRECA High Deductible Health Plan 1.vith a $1,250 individual/$2,500 family
deductible. The District will make a contribution to the employee 's Health Savings Account
if this lower cost plan is selected.
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4.07.020.2 Group Dental Plan: The District will furnish the NRECA Enhanced Dental
Plan.
4.07.020.3 Vision Plan: The District is self-insured and will provide an annual benefit up
to $400 per covered employee or dependent. The benefit will be to cover the expenses of
examination, lenses, frames or contact lenses, Lasik or other vision improvement related
procedures, when recommended by a physician or optometrist.
Any unused portion of the annual benefit or incurred cost (not exceeding $400) may be
carried over to the next subsequent year.
Res. 2009-36 (12-2-09)
4.07.020.4 Group Life Insurance Plan: The District will furnish "term insurance" equal to
three (3) times the annual salary for each employee.
4.07.020.5 Long-term Disability Plan: The District will furnish long-term disability
coverage of a monthly benefit equal to 66 2/3% of the employee's monthly base
earnings, with a maximum monthly benefit of $15,000 after the 13 week elimination
period.
4.07.030 Retirement Plan The District will provide and maintain membership in the
California Public Employees Retirement System (CalPERS). Employees hired by the District
starting January 1, 2013 or later will be determined by CalPERS to be a (1) Classic member
and be enrolled in the 2.7%@ 55 Plan; or (2) PEPRA member and be enrolled in the 2.0@
at 62 plan.
4 .07.03 0 Retireme nt Pla n The District 1Nill provide and maintain membership in the
C a lifornia Public Employee s Retirement Syste m (CalPERS). Employees hired by the
District starting January 1, 2 013 or later 'Nill be determined by CalPERS to be a (1)
Cl assic m e mbe r and be e n rolled in the 2.7% @ 55 Plan ; or (2) PEPRA member and be
enrolled in the 2.0@ at 62 plan .
10 Title 4, Personnel
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4.07.050 Post-Retirement Health Benefits To be eligible to receive post-retirement
health benefits, an employee must have at least ten (10) years of service with the District.
Years of service is defined as cumulative years of service with the District, which may or
may not be consecutive years. Employees, who retire from the District and meet the
service requirement stated above, will receive a District contribution towards their post-
retirement health benefits premium with the insurance company that is contracted for
retiree benefits with the District at the time of the employee's retirement, as follows:
Total Years of
Service
10
11
12
13
14
15
16
17
18
19
20
Percent District
Contribution
50%
55%
60%
65%
70%
75%
80%
85%
90%
95%
100%
The maximum monthly contribution paid by the District is listed below:
Maximum Monthly Contribution
Retiree Only <65 years of age $475
Spouse only <65 years of age $475
Child(ren) only $475
Spouse & child(ren)only $725
Medicare 65+ years of age $375
The post-retirement medical plan is the same as the active employees' medical plan
except for a $500 deductible per person compared to a $400 deductible per person for
employees. Retirees may choose the High Deductible Health Plan as a lower cost
alternative to the PPO Plan.
A retiree cannot leave the plan and then come back. Once time is broken on the plan, the
employee or retiree cannot come back on the medical plan.
If the retiree is paying for part of the medical coverage it will be collected through an
electronic fund transfer from the retiree's bank account on a monthly basis .
11 Title 4, Personnel
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When the retiree is eligible for Medicare, it is mandatory that the retiree enroll for Part B
coverage.
Should the District change insurance plans or coverage, those changes will also apply to
retirees.
The vision benefit will remain the same without any monthly caps.
Board members are not eligible for this benefit.
4.07.060 Longevity In recognition of an employee's years of service, employees will
receive a bonus of $250 after completion of five (5) years of service. Continuing years of
service shall qualify for a $20 per year addition to this figure for the entire term of
employment.
Longevity payments will be made as soon as possible after the first pay period of the
calendar year, but not later than the last day of January of the calendar year for those
employees who are eligible.
The date from which the employee was employed full time (regular and continuous
employment) shall be the governing date for purposes of this Policy.
4.07.070 Holidays Following are the recognized paid holidays for all regular management
employees :
New Years Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
Employee's Birthday
January 1
third Monday in February
last Monday in May
July 4
first Monday in September
November 11
fourth Thursday in November
fourth Friday in November
December 24
December 25
Employee 's Birthday
The Christmas Eve holiday shall be observed on the work day immediately prior to the date
of observing the Christmas Day holiday .
The Employee's Birthday holiday shall be observed on a date chosen by the employee within
a time period of five (5) days prior to or five (5) days subsequent to the employee's birth date.
4.07.070 4.07.070 Holid ays Following are the recognized paid holidays for all regular
management employees:
12
New Year's Day
Presidents Day
Memorial Day
Independence Day
January 1
Third Monday in February
Last Monday in May
July 4
Title 4, Personnel
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Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
Employee's Birthday
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 24
December 25
Employee's Birthday
The Christmas Eve holiday shall be observed on the 'Nork day immediately prior to the
date of observing the Christmas Day holiday.
The Employee's Birthday holiday shall be observed on a date chosen by the employee
within a time period of five (5) days prior to or five (5) days subsequent to the employee's
birth date .
Holiday's falling on a Saturday or Sunday: VVhen any of the allowed holidays fall on a
Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a
Sunday, the following Monday will be observed .
Holiday's falling on a Saturday or Sunday: When any of the allowed holidays fall on a
Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday,
the following Monday will be observed .
Eligibility: If an employee takes off any of the days observed by the District as a holiday and
is absent without pay and/or authorization on the work day either immediately preceding or
following such day observed by the District as a holiday. such employee will not receive
holiday pay.
Eligibility: If an employee takes off any of the days observed by the District as a holiday
and is absent without pay and/or authorization on the work day either immediately
preceding or follmving such day observed by the District as a holiday, such employee will
not receive holiday pay.
4 .07.080 Vacation Leave Full -time regular employees will accrue vacation leave from the
date of hire. Regular employees who work less than full time shall accrue vacation on a pro-
rated basis.
Eligible employees shall earn vacation leave as follows:
Rates of Accrual Number of Days per year
For the first five years of continuous service 10
After completing : 5 years of continuous service 15
10 years of cont inuous service 20
21 years of continuous service 21
22 years of continuous service 22
23 years of continuous service 23
24 years of continuous service 24
25 years of continuous service 25
30 years of continuous service 30
New employees will be given forty (40) hours of vacation leave at the start of employment, in
addition to regular vacation leave accrual.
13 Title 4 , Personnel
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Employees who terminate their employment with the District for any reason will be paid for all
accrued but unused vacation at their current rate of pay .
Vacation leave must be scheduled by mutual agreement between the Department Head or
his/her designee and the employee .
Employees may accumulate up to a maximum of 360 hours of vacation leave, at which point the
employee will not accrue additional vacation leave.
The General Manager, at his discretion, has the authority to negotiate a change in vacation
balances with non-bargaining unit personnel in a manner consistent to time spent in the industry
and limited to the time not to exceed 30 days .
The District, at the employee's option , will compensate employees for accumulated
unused vacation leave hours equal to the number of vacation hours actually taken during
that calendar year. Vacation leave compensation will be paid at the employee's current
rate of pay.
14 Title 4 , Personnel
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4.07.080 Vacation Leave Ful l time regular employees •.vii i accrue vacation leave from
the date of hire . Regular employees who work less than full time shall accrue vacation
on a pro rated bas is .
E li gible emp loyees sha ll earn vacation leave as fo ll ows:
Rates of J\ccrual Number of Days per year
For the first five years of continuous service 10
J\fter completing : 5 years of continuous service 15
10 years of continuous service 20
21 years of continuous service 21
22 years of continuous service 22
23 years of continuous service 23
24 years of continuous service 24
25 years of continuous service 25
30 years of continuous service 30
New employees will be given forty (40) hours of vacation leave at the start of
employment, in addition to regular vacation leave accrual .
Employees •.vho terminate their employment with the District for any reason •.viii be paid
for all accrued but unused vacation at their current rate of pay .
Vacation leave must be scheduled by mutual agreement between the Department Head
or his/her designee and the employee .
Employees may accumulate up to a maximum of 360 hours of vacation leave, at \Nhich
f)Oint the employee w ill not accrue additional vacation leave .
The District , at the employe&s--eption, will compensate employees for accumulated
unused vacation leave hours equal to the number of vacation hours actually taken during
that calendar year . Vacation leave compensat ion 'Nill be paid at the employee's current
rate of pay.
4.07.090 Administrative Leave Management employees shall be granted 8 days of
administrative leave per calendar year. Administrative leave must be used by the end of
the calendar year or it is forfeited without compensation. No Administrative leave shall be
carried over the next calendar year, nor shall unused Administrative Leave be converted
to compensation.
Employees are to schedule administrative leave in the same manner as vacation leave.
15 Title 4, Personnel
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Employees appointed to an exempt position after the first of the year may be granted
leave on a prorated basis. Administrative Leave balances shall be adjusted when
employees separate employment prior to the end of the calendar year
4.07.010 Sick Leave The Distri ct p rovid e s paid si c k leave to all regular employees for
periods of temporary absence due to injuries or illnesses. Regular eligible employees will
accrue unlimited sick leave benefits from the date of hire at the rate of one day per month
for each month the employee remains in a pay status (12 days per year maximum).
When an employee is no longer be ing compensated during the major portion of any
month by regular pay, paid vacation , or any other form of paid leave the employee will no
longer accrue sick leave.
Eligible employees may request to use pa id sick leave for absence due to :
a) The inability of an employee to be present or perform duties because of
personal illness, off-duty injury , or medical treatments.
b) The need for the employee to care for an illness or injury of an immediate family
member (child, spouse , domestic partner, or parent). Employees may use their accrued
sick leave , up to a maximum of six (6) days in a calendar year for this purpose.
Employees can accumulate unused family sick leave not to exceed six days .
If an employee is absent for three or more consecutive days due to illness or injury, a
physician 's statement may, at the supervisor's discretion, be required verifying the
employee's medical need to be off work , the beginning and expected ending dates of the
absence, and confirming the date that the employee may safely return to work .
4.07.010.1 Sick Leave Incentive Plan Employees with low sick leave use who have
worked a minimum of one full payroll year can exchange sick leave for its cash equivalent
annually according to the following schedule:
Sick Leave Usage Sick Leave Conversion Credit
Zero (0) days Two (2) days
One (1) day One (1) day , four (4) hours
Two (2) days or less One (1) day
Three (3) days or less Four (4) hour
After an employee has accumulated 600 hours of sick leave , the employee can sell back
to the District sick leave over 600 hours at a rate of 50% of base pay .
4.07.010 Sick Leave The District provides paid sick leave to all regular employees for
periods of temporary absence due to injuries or illnesses . Regular eligible employees will
accrue unlimited sick leave benefits from the date of hire at the rate of one day per month
for each month the employee remains in a pay status (12 days per year maximum).
VVhen an employee is no longer being compensated during the major portion of any
month by regular pay, paid vacation , or any other form of paid leave the employee will no
longer accrue sick leave .
Eligible employees may request to use paid sick leave for absence due to:
16
a) The inability of an employee to be present or perform duties because of personal
illness , off duty injury , or medical treatments .
b) The need for the employee to care for an illness or injury of an immediate family
member (child, spouse, domestic partner, or parent). Employees may use their
Title 4, Personnel
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accrued sick leave, up to a maximum of six (6) days in a calendar year for this
purpose. Employees can accumulate unused family sick leave not to exceed six
Gay&
If an employee is absent for three or more consecutive days due to illness or injury , a
physician's statement may, at the supervisor's discretion, be required verifying the
employee's medical need to be off •..vork, the beginning and expected ending dates of the
absence, and confirming the date that the employee may safely return to 1..vork .
4.07.010.1 Sick Leave Incentive Plan Employees with low sick leave use who have
worked a minimum of one full payroll year can exchange sick leave for its cash equivalent
annually according to the following schedule:
Sick Leave Usage
Zero (0) days
One (1) day
Two (2) days or less
Three (3) days or less
Sick Leave Conversion Credit
Two (2) days
One (1) day, four (4) hours
One (1) day
Four (4) hour
4.07.010.2 Unused Sick Leave Upon Retirement Employees who have an unused
sick leave balance at retirement have three options . Option 1: Credit the balance into the
conversion into CalPERS service credit or Option 2 : Receive a lump-sum pay-out at 50%
of the value of the sick leave balance . Option 3: Let the sick leave balance expire . At the
time of retirement, employee s will be giv e n the option of choosing one of these three and
if they don't choose within the time provided , then the sick leave balance will expire .
4.07.011 Family and Medical Leave Any eligible employee may be granted a family
and/or medical leave subject to the provisions of the California Family Rights Act and the
Family Medical Leave Act in effect at the time the leave is granted. A family and/or
medical leave may be granted for any of the following reasons :
a) Birth of a child; to care for a newborn child;
b) For placement of a child for adoption or foster care;
c) To care for a child, parent, spouse or registered domestic partner with a serious
health condition;
d) The employee's own serious health condition that renders the employee unable to
perform one or more of the essential functions of his or her job;
e) If a family member is called to or is on active duty in the military, or;
f) If a family member or next of kin is injured in the course of military service .
An eligible employee shall be entitled to family and medical leave up to a total of 12
workweeks during the 12 month period that begins on the first day of the qualifying leave.
Health benefits will be continued under the same terms as prior to the leave.
17 Title 4, Personnel
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To be eligible to request family and medical leave, an employee must have been
employed with the District for at least 12 months, and have worked at least 1,250 hours in
the 12 months preceding the leave.
If possible, employees requesting leave must provide 30 days' advance notice. For
events that unforeseeable, employees must notify their supervisor and HR as soon as
they learn of the need for leave. Employees who return to work following an approved
family and medical leave will be reinstated to their same position, or a comparable
position, to the extent required by law.
4.07.012 Pregnancy Leave Eligible employees who are disabled by pregnancy,
childbirth, or related medical conditions are entitled to request a pregnancy disability
leave of up to four months, depending on the period of medically-certified disability.
4.07.013 Unpaid Personal Leave An unpaid leave of absence may be granted to a
regular employee for urgent substantial personal reasons provided that adequate
arrangements can be made to perform the employee's duties without undue interference
with the normal routine of work.
All applications for a personal leave of absence shall be made in writing to the
employee's Department Head and include reasonable justification for approval of the
request. The Department Head and the General Manager will evaluate the request.
Employees on a personal leave of absence will become responsible for the full costs of
District provided benefits beginning on the first day of unpaid leave. All District paid
benefits will be suspended during the leave and will resume upon return to active
employment.
4.07.014 Military Leave The District will provide military leaves of absence to
employees who serve in the uniformed services as required by the Uniformed Services
Employment and Reemployment Rights Act of 1994 (USERRA) and applicable state
laws.
4.07.015 Jury Duty A regular employee will be paid his or her regular rate of
compensation when summoned to jury duty or by a subpoena to appear as a witness ,
unless the employee's testimony is against the District's interest. The employee shall
submit to the District any payment received for jury duty, except mileage reimbursement.
4.07.016 Bereavement Leave Regular employees will be granted three days
bereavement leave with pay in the event of a death in their immediate families or of a
member of the employee's immediate household at the time of death. For purposes of
this policy, immediate family consists of an employee's spouse or registered domestic
partner, or the parent, foster parent, sibling, child, step-child , half-sibling, or grandparent
of either. In addition, such leave may be extended to cover the employee's step-parent,
foster child, or grandchild.
4.07.017 Industrial Injury Leave The District will grant workers' compensation disability
leave to employees with occupational injuries or illnesses in accordance with state law.
18 Title 4, Personnel
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a) Notice Requirement
Employees must report all on-duty accidents, injuries and illnesses, no matter how
small, to their immediate supervisor as soon as possible.
b) Compensation During Leave
If the employee is deemed eligible, Workers' Compensation benefits will begin with
the first day of absence following the day of the work-related injury/illness. The
combined amount of industrial disability and Workers' Compensation benefits paid
by the insurance carrier shall not exceed 85% of each employee's daily basic
wage.
c) Modified Duty
Temporary light duties may be assigned to industrially-injured employees when
the District determines that the work is available and such work in within the
employee's ability to perform. The duration of any such period of temporary work
shall be determined by the District, but in any event, modified duty will last no
longer than six months.
4.07.018 Limitations At no time shall the total combination of leave benefits, including
payments from Workers Compensation, State Disability Insurance, Social Security
Disability, or any other benefit to which the District contributes, exceed 100% of the
normal straight-time earnings for any employee.
4.07.019 Return to Work Physical Prior to permitting an employee to return to work
following any medical absence in excess of three days, the District may, at its discretion,
require a physician's release stating that the employee is physically able to perform the
duties of his or her job. At the District's discretion, it may require a medical release to
return following a medical leave of shorter duration.
4.07.020 Donation of Accrued Vacation Leave An employee may, upon approval of the
General Manager, transfer all or any portion of his or her accrued vacation leave hours to
another employee of the District. Transfer of vacation leave from one employee to
another shall be permitted only in unusual situations involving serious injury or illness of
an employee or employee's family member.
Sections:
4.08.010
4.08.020
CHAPTER 4.08
PERFORMANCE APPRAISALS
Employee Performance Evaluations
Professional Development for Management Personnel
4.08.010 Employee Performance Evaluations Performance evaluations are an inherent
part of the ongoing supervision process by which employees are informed of the
19 Title 4, Personnel
Page 85 of 161
performance expectations of them, and periodically informed of their progress and any
performance deficiencies.
The performance of every employee shall be formally evaluated in writing at the end of
the first three months and the first six months in a classification, and then annually
thereafter. An employee's performance may also be formally evaluated at other than the
scheduled times for specific reasons.
The formal evaluation process should include adequate time for discussion before the
evaluation is finalized and the employee shall have an opportunity to respond to the
supervisor's evaluation after it is finalized.
The employee's signature on the evaluation form indicates that the employee has seen
the form and had the opportunity to discuss it with his/her supervisor, not necessarily that
the employee is in agreement with its contents. The employee shall be given a copy of
the evaluation, with the original being placed in the employee's personnel file.
An employee who is given a rating of less than satisfactory shall be given a written
Performance Improvement Plan (PIP) by their supervisor. The employee will have five (5)
working days to review the PIP, and will subsequently meet with the supervisor to provide
his or her comments. The employee may provide an attached statement regarding the
PIP. The PIP shall then be signed by the supervisor and the employee.
Failure to comply with the PIP will lead to disciplinary action.
4.08.020 Professional Development for Management Staff Each member of the
management staff is encouraged to prepare a plan of professional development aimed at
establishing and maintaining professional competence. The General Manager shall
review said plan with the relevant staff person and approve a plan of professional
development. The approved professional development plan may be eligible for
reimbursement by the District for up to 50% of the costs of tuition, fees and books.
Sections:
20
4.09.010
4.09.020
4.09.030
4.09.040
4.09.050
CHAPTER 4.09
EMPLOYEE ACTIVITIES
Code of Business Conduct
Electronic Data
Personal Communication Devices
Travel and Expense Reimbursement
Moving Expense Reimbursement
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4.09.060 District Vehicle Use
4.09.010 Code of Business Conduct The District expects its employees to behave in a
fair, honest and ethical manner in all activities conducted on behalf of the District. This
Code of Business Conduct is intended to be a constant reminder of that expectation and
a statement of how we will conduct ourselves on a daily basis. All employees are
expected to know and understand the standards and expectations set forth herein.
The District believes that ethical standards are achieved not just through the publication
and dissemination of this document, but through open and ongoing discussion about
ethical issues related to the business and activities of this District. This District operates
in an open-door climate where employees understand that they can openly raise
questions and concerns without fear of retaliation. Further, this Code of Business
Conduct is not exhaustive but designed only to provide summary guidance to employees
in how they are expected to carry out their duties. When in doubt, employees are
expected to use good judgment and to raise questions with their managers.
4.09.010.1 Standards of Conduct Employees are expected to uphold the values of the
District and are required to report any situation where the individual reasonably suspects
any activity that may be in violation of the law, board policies, the Memorandum of
Understanding (MOU), or this Code. Standards of conduct include:
Employees are required to deal honestly and fairly with customers, co-workers, suppliers,
public and others having dealings with the District.
Employees are required to conduct themselves in a professional, business-like manner
while performing their jobs or representing the District in any manner.
Employees are prohibited from offering or accepting bribes, kickbacks or other forms of
improper payment from anyone. They are prohibited from receiving gifts, paid trips or
favors of more than nominal value from customers or suppliers. If in doubt, the employee
is required to ask the General Manager if the proposed gift or favor is of more than
"nominal value."
Employees are required to limit their reimbursable expenses to those that are necessary,
prudent and business-related.
Employees are prohibited from taking unfair advantage of customers, suppliers or other
third parties through manipulation, concealment, abuse of privileged information, or any
other unfair-dealing practice.
4.09.010.2 Conflicts of Interest A conflict of interest exists when an employee is called
upon to make or is involved in any decision that creates or appears to create a conflict
between their personal interests, including the interests of their family members, and the
business interests of the District.
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Employees must not seek any personal or family member benefit through any
arrangement with vendors, suppliers or other parties that have a business relationship
with the District.
In any situation where it may reasonably be perceived that there is a conflict of interest,
the employee is required to report that potential or actual conflict of interest to their
supervisor or the General Manager.
In addition to these general standards on conflicts of interests, employees shall abide by
the Conflict of Interest policy adopted by the Board of Directors, District Code Title 2.
4.09.010.3 Confidentiality of Information Employees are frequently entrusted with
confidential information. This may include technical or financial information, personnel
information, medical information, customer lists and records, and other information that, if
disclosed , might be a violation of personal privacy, HIPAA laws, or could be potentially
harmful to suppliers, customers, Board members, employees or otherwise to the
operations or interests of the District. This information is the property of the District.
Employees shall not discuss District confidential information with or in the presence of
unauthorized persons, including family members and friends.
Employees shall use District confidential information only for the District's legitimate
business purposes and not for personal gain.
Employees shall not disclose District confidential information to third parties without
authorization.
Employees shall not use District information or other property or resources for any
personal gain or for the gain of any family member.
4.09.010.4 Customer Communications In communicating with our customers, the
District is committed that it shall:
Provide all information to which customers have a legitimate right.
Provide information that is accurate and understandable.
4.09.010.5 Financial Reporting and Recordkeeping The District shall :
Follow generally accepted accounting principles and other prescribed rules and
regulations of other applicable regulatory bodies having jurisdiction.
Maintain a system of internal accounting controls that will provide reasonable assurances
that all transactions are properly recorded and that material information is available to
management when required.
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Maintain books and records that accurately and fairly reflect the District's financial health.
Maintain a record retention system that ensures the District's records and documents are
properly retained and secured.
Conduct an annual financial audit to provide an independent, objective review of financial
reports, and to identify any risks associated with the system of internal controls.
4.09.010.6 Legal and Regulatory Compliance The District will comply with all local,
state and federal laws, rules and regulations applicable to the activities of the District. It
will maintain a safe and healthy work environment free from harassment or discrimination
per the District's policy.
4.09.010.7 Reporting of Violations Every employee is responsible for ensuring that
violations of laws, rules and regulations, the MOU or this Code are reported promptly .
Reports of suspected violations may be made in person or in writing, confidentially or
anonymously, to the General Manager or Human Resources Manager. All such reports
will be promptly investigated and appropriate corrective action will be taken. Any
employee who makes a report in good faith and on reasonable belief may do so without
fear of retaliation or retribution .
4.09.010.8 Employee Education All employees will receive a copy of the Code of
Business Conduct and will be required to sign a form indicating that he/she has received
a copy of the Code of Business Conduct, read its contents, and understands his/her
obligations under the Code.
4.09.010.9 Monitoring and Enforcement Every employee is responsible for monitoring
compliance with the Code by reporting suspected violations in a timely manner (as
discussed above) and cooperating with investigations of suspected violations.
Employees that violate any laws, rules and regulations, the MOU or this Code may face
appropriate, case-specific disciplinary action. Additionally, on a periodic basis, this Code
of Business Conduct policy will be reviewed for effectiveness and appropriate
modifications and/or enhancements will be recommended as deemed necessary.
4.09.020 Electronic Data It is the policy of the District that all electronic office data
storage systems including, but not limited to, voice mail, computers, electronic mail, and
facsimiles are the property of the District and are provided to employees for their use in
conducting District business. The systems belong to the District and are accessible at all
times by District management for any business purpose. Accordingly, employees should
not have any expectation of privacy in any information they create or receive on the
District's systems .
Specific rules and procedures are detailed in the District's "Computer & Information
Technology Standards of Practice .
4.09.030 Personal Communication Devices Personal communication devices may be
issued to employees to enhance the efficiency and effectiveness of District
communications . Department Heads shall be responsible for determining the employee's
23 Title 4, Personnel
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need for a District provided device based on the business needs of the District.
Employees who are issued such devices are responsible for adhering to the following
standards:
a) Personal communication devices shall be used for appropriate business purposes.
b) Personal usage should be kept to a minimum; employees shall reimburse the
District for all personal usage that result in a charge to the District.
c) District personal communication devices may not be used for commercial profit or
secondary employment.
4.09.030.1 Use of Personal Communication Devices while operating a vehicle
California State laws prohibit the use of personal communication devices while driving
unless using a hands-free device. Employees shall adhere to these laws.
4.09.040 Policy for Travel and Expenses It is the District's objective to establish a
policy governing employee travel and the payment of travel and out-of-pocket expenses
incurred by employees while involved in official District business or while in attendance at
authorized meetings or training.
Policy Content:
a) It is the policy of the District to enable employees who are away from home on
District business to travel comfortably and safely, in an efficient and economical
manner;
b) Employees must obtain pre-approval from the department General Mmanager for
travel and expected business expenses before the expenses are incurred; and
c) The District will reimburse employees for actual authorized travel expenses that
are reasonable and necessary in the conduct of District business and upon the
submission of an expense report with receipts attached, and upon approval of
the appropriate supervisor. Employees should use good judgment when incurring
business expenses. The employee is expected to use a reasonably economic
means of lodging, meals and transportation that will meet the traveler's
requirements with due consideration to safety and comfort.
4.09.040.1 Personal Automobile Use Employees shall utilize District owned vehicles
for business travel whenever possible. If a District owned vehicle is not available,
employees must have prior approval from the General Manager before using their
personal automobile. Drivers must have a valid driver's license and adequate liability
insurance. Motorcycles will not be authorized for business travel.
Personal automobiles used on District business must be covered by liability insurance. It
is the employee's responsibility to have adequate automobile insurance. A copy of the
current Proof of Insurance must be furnished to the District by the employee indicating
coverage before using a personal vehicle for District business. The District will not be
responsible for any damage incurred to or by the employee's automobile in the course of
conducting District business.
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Employees will be reimbursed at a rate per mile equal to the current IRS standard
mileage allowance. Such reimbursement cannot exceed the cost of air coach by the most
direct route if plane service is available and practical.
Employees will be reimbursed for all business-related parking and tolls, but not for fines
and penalties imposed for the violation of traffic and other laws.
4.09.040.2 Out of Town Travel When deciding on a mode of transportation, District
staff should utilize the most cost effective means of transportation, while considering the
travel time associated with the trip. Air travel must be by coach or standard class.
Alternate routes or additional stops for the employee's benefit will be at the employee's
expense, prorated to the most cost effective direct route.
Hotels selected should be those that are recognized as reputable, reasonable in price for
the area, and conveniently located in relation to the employee's work assignment.
Rooms should be at the government rate (where available) for a single, standard room.
The District will not reimburse for alcoholic beverages or any expense considered
personal entertainment, including in-room movies . While employees are traveling, the
District will consider a telephone call to the employee's immediate family (spouse,
registered domestic partner, children, and parents) to be a business expense . These
calls are expected to be of reasonable length. Employees should use a cell phone or
phone card , with the standard hotel long distance service as the last resort.
Employees must use good judgment as to the reasonableness of costs for meals .
Gratuities should not exceed acceptable and customary practices. Employees are
encouraged to take advantage of meals included in the price of a business seminar or
conference, or in the cost of their hotel room. Meal reimbursements must include a
detailed/itemized receipt.
4.09.040.3 Submitting Travel Expense Reports It is the responsibility of each
employee to provide a complete and factual accounting of funds through the travel
expense report or District credit card monthly statement. All reports must be submitted
within 30 days to the immediate supervisor and approved by the Department Manager.
Actual receipts showing itemized charges must be attached for all expenses, including
lodging, transportation, tolls, and meals.
4.09.040.4 District Issued Credit Cards District credit cards have been issued to
designated employees. The use of District credit cards is only for District business
expenses. No personal charges are to be placed on the District's credit card.
Itemized receipts must be attached to an employee's monthly credit card statement. The
monthly statement must be signed by the employee and approved by the Department
Manager and General Manager.
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4.09.050 Moving Expense Reimbursement New employees who have been recruited
by the District and are required to move their place of residence (more than 50 miles) as
a result of accepting employment with the District may be reimbursed for qualified moving
related expenses.
Eligible expenses shall be limited to documented costs to move furniture and household
items and transportation for the employee and members of his/her immediate family
based upon the current IRS mileage rate . Costs associated with the sale or purchase of
a home, lodging, meals, temporary storage of personal items, or costs that are not
directly necessitated by the move will not be included in the costs subjected to
reimbursement.
The amount of reimbursement shall not exceed the amount equal to one-half of the
employee's monthly salary and must be properly documented by receipts. The General
Manager will make final decisions regarding the appropriateness of expenses for the
reimbursement.
4.09.060 Vehicle Use Policy District owned vehicles are provided for official use only
and are not to be used for private transportation or personal business. Vehicles will be
parked at the District site when not in use and will be available to all personnel for any
valid business -related purpose.
District employees who are required to drive as a part of their job responsibilities must
possess a valid driver's license. All such employees are required immediately to advise
District management of any driving violations , citations, or accidents resulting in a
suspension or revocation of their driver's license.
If possible , the District will provide a vehicle for transportation to and from business
meetings, conferences, or other events that employees attend located away from the
office. If an employee drives his or her own personal vehicle, the District will pay the
current rate for mileage as set by the Internal Revenue Service .
Smoking is prohibited in District owned vehicles.
Seat belts shall be worn while driving or riding in all vehicles used for District business .
Employees that are subject to being called outside of normal work hours for emergencies
or other District business will be assigned vehicles to be driven to and from their place of
residence. These employees are :
a) General Manager
b) Assistant General Manager
c) Electric Superintendent
d) On-Call Lineman
e) Electric Engineer
f) Water Utility Manager
g) Water Superintendent
h) Water Engineer
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i) On-Call Water Technician
The General Manager can authorize any District employee, on occasion, to keep a pool
vehicle at their residence overnight when the situation arises that requires the employee
to conduct District business before or after regular work hours.
No employee shall be allowed to use an assigned vehicle for personal purposes other
than commuting and de minimis personal use, such as a stop for a personal errand on
the way home. Once at the employee's residence, District vehicles shall only be used for
official District business or the return commute to place of business.
District vehicles shall be operated only by an authorized District employee . Employees
may occasionally have passengers that are a necessary part of the District's operations.
The District will comply with Internal Revenue Service statues in regards to reporting
employee vehicle use as a taxable fringe benefit.
The general manager is authorized to rule on any unforeseen situation that might arise
that is not covered in this policy.
Staff shall report to the Board annually of vehicle use and IRS compliance.
CHAPTER 4.10
DISCIPLINARY ACTIONS
Section:
4.10.010 Disciplinary Procedures
4.10.010 Disciplinary Procedures The principal objectives of this policy are to promote
orderly job conduct and the longer range development of a goal-oriented and productive
personnel team, help ensure compliance with state and federal laws, and to establish the
procedural means of protecting employment rights of employees.
The effect of this policy should be:
a) The reduction of involuntary terminations.
b) The avoidance or minimizing of misunderstandings between supervisory and non-
supervisory personnel.
c) Ensuring that personnel are provided with notice of unacceptable conduct in
sufficient time to permit self-correction and improvements.
d) Ensuring that documentation is maintained and available to support
management's position in the event of discriminatory charges.
It is recognized that this policy applies to all employees represented by IBEW Local
Union 1245 (bargaining unit employees) as well as management employees (non-
27 Title 4, Personnel
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bargaining unit employees). The coverage of non-bargaining unit employees by this
policy shall in no manner create any legal or other obligation of IBEW Local Union 1245
toward non-bargaining unit employees. IBEW Local 1245 shall have no obligation
whatsoever to provide a defense, provide advice, or otherwise represent non-bargaining
unit employees.
4.10.010.1 Definition The term discipline will be understood as meaning "a state of
orderliness" such as in a "disciplined team" or in a "disciplined performance." Therefore,
disciplinary action is action taken to maintain an orderly way of imposing sanctions to
remedy unacceptable employee performance.
4.10.010.2 Causes for Disciplinary Action The following are examples of conduct for
which discipline may be imposed. This list is merely a summary. It is not exhaustive and
discipline may be imposed for misconduct not set forth below:
a) Improper or unauthorized use or abuse of sick leave;
b) Excessive absenteeism;
c) Being absent without authorization; repeated tardiness or leaving without
authorization;
d) Violation of District policies, rules or procedures;
e) Insubordination, disobedience, or failure to carry out any reasonable order;
f) Acceptance of gifts or gratuities in connection with or relating to the employee's
duties;
g) Any conduct which is harmful to the orderly conduct of business, the safety of
employees or equipment, or which adversely affects the employee's ability to
perform his/her job;
h) Falsifying information related to employment application, payroll or any other
work related record or report;
i) Discourteous or inappropriate treatment of the public or District employees;
j) Violation or neglect of safety rules or common safety practices;
k) Theft, dishonesty, or fraud;
I) Physical altercations or acts of aggression;
m) Engaging in discriminatory or harassing behavior in violation of state/federal
laws and/or District policy;
n) Substandard or inadequate job performance, including failure to perform
assigned tasks or training, or failure to discharge duties in a prompt,
competent, and reasonable manner;
o) Violation of the District's policies regarding drugs, alcohol, and/or tobacco use;
p) Careless, negligent, or improper use of District property, equipment or funds,
including unauthorized removal, or use for private purpose, or use involving
damage or unreasonable risk of damage to property.
4.10.010.3 Progressive Discipline Procedures -The actions identified below reflect a
logical progression from the least serious to the most serious. In general, a supeNisor's
approach to matters requiring disciplinary action will follow this progressive approach.
The first steps of the disciplinary procedure are to be regarded as corrective measures
28 Title 4, Personnel
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and are to be combined with appropriate instruction which, if followed, would make
further steps unnecessary. The seriousness of the offense shall be taken into account by
the supervisor, and the supervisor need not necessarily proceed to the next level of
disciplinary action upon the repetition of the offense. In order for a supervisor to proceed
to the next level of disciplinary action, the offense need not be a repetition of a prior
offense.
A Skelly meeting (as defined below) will generally precede disciplinary action involving a
loss of pay. However, suspensions of five days or less may be immediately implemented
providing that the Skelly procedure (as defined below) is then promptly followed. Under
certain conditions more severe disciplinary action may immediately occur.
4.10.010.4 Forms of Disciplinary Action:
4.10.010.4(A) Verbal Reprimand -The verbal reprimand is considered informal discipline
and notifies the employee that his/her performance or behavior must be improved. This
warning defines the areas in which improvement is required, sets up goals leading to this
improvement and informs the employee that failure to improve will result in more serious
disciplinary action.
This is the first official step of disciplinary action. It shall be used to deal with minor
infractions of rules and practices. It is, in effect, a statement to the employee that he/she
has (1) violated a District rule or work practice that he/she should have been aware of, (2)
that he/she will be expected to abide by all such rules in the future.
The manager will summarize this action with written documentation concerning the
conversation. This document is placed in the employee's personnel file and a copy is given
to the employee. The employee shall be permitted to file a written response, the original
being directed to the department head and a copy filed in the employee's personnel file.
4.10.010.4(8) Written Reprimand -The written reprimand is a written record of discipline,
that is usually, but not always, issued after a previous verbal reprimand. The employee is
advised that his/her behavior is below standard and that continuation or repetition of that
behavior shall result in more serious disciplinary action. The written reprimand shall
specifically cite the substandard conduct and, where appropriate, reference the particular
Code or Policy that has been violated.
A copy of the written reprimand shall be provided to the employee and a copy placed in the
employee's personnel file. The employee shall be permitted to file a written response, the
original being directed to the department head and a copy filed in the employee's
personnel file.
4.10.010.4(C) Suspension -The suspension is a District ordered absence from duty
without pay for a specified period of time, and generally, but not always, follows a previous
verbal and written warning.
4.10.010.4(0). Reduction in Pay -Reduction in pay is a temporary reduction in salary to
a lower salary step for a specified maximum period of time. The employee does not have
sudden stoppage of income and may be able to have the reduction lifted by good
29 Title 4, Personnel
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performance. The department does not lose the services of the employee. An individual
should have been warned or reprimanded prior to taking this action to advise him or her
that his or her performance is not acceptable.
4.10.010.4(E). Demotion -A demotion is a permanent change in classification of an
employee to a position of lower responsibility and pay for unsatisfactory performance or
disciplinary reasons. No employee shall be demoted to a position for which he or she does
not possess the minimum qualifications; the employee's new duties must be consistent
with those described in the job description.
4.10.010.4(F). Last Chance Agreement -At the discretion of the General Manager, a
last chance agreement may be entered into with the employee, the bargaining unit if
appropriate, and the District. This agreement is a possible alternative to termination. The
agreement, signed by all parties, will state the steps or conditions that the employee is
required to follow or meet to continue his or her employment with the District.
4.10.010.4(G) Termination/Discharge -Termination is the most severe form of
disciplinary action. This course of action may result, for example, from an employee's
violation of the District's "Causes for Disciplinary Actions," or due to an accumulation of
various violations. This action is normally one of last resort, and shall only be taken when
management is thoroughly satisfied that the employee has been given every reasonable
opportunity to meet performance or behavior standards and clearly failed to do so.
4.10.010.5 Pre-Disciplinary Proceedings A public employee has certain procedural
protections called "Skelly" rights before serious discipline (i .e., a reduction in pay or
suspension of more than five (5) working days) may be imposed. Before such discipline
is imposed, the employee has the option to request an administrative meeting with the
District whereby the employee (with or without his/her representative) may respond to the
charges with facts and/or other information which he/she wishes the District to consider in
deciding whether or not to proceed with the proposed discipline.
The requirements of the Skelly procedure are satisfied as follows:
a) The employee receives advance notice of the proposed disciplinary action.
b) The notice states the reasons for the proposed action.
c) The notice contains the charges upon which the proposed action is based .
d) The employee is allowed access to any materials upon which the proposed action
is based.
e) The employee is afforded the right, either orally or in writing, or both, to respond to
the proposed charge(s) and the proposed disciplinary decision .
4.10.010.5(A) Skelly Notice -The notice requirements of Skelly are as follows:
30
a) The Skelly notice shall be in writing.
b) The letter shall set a date, time and place for the employee to respond to the
charges if he/she elects to do so. In order to allow the employee time to seek
advice and to prepare any oral or written response he/she may wish to make, the
date set for his/her response should be at least five working days from the date the
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letter is sent. The letter shall contain a request that the employee give notice if
he/she elects to waive his/her right to respond orally .
c) The letter shall contain the notice of the proposed disciplinary action intended to
be taken .
d) The reasons for the proposed action must be set out. The part of the Skelly letter
setting out the misconduct with which the employee is charged must be factual so
that any person reading the letter will be able to determine the exact misconduct
charged.
e) The factual allegations of misconduct must specifically cite the District's particular
policy and/or "Causes for Disciplinary Actions " that the employee is charged with
violating .
f) The notice must advise the employee of his/her right to respond to the charges ,
either orally or in writing .
g) The notice must advise the employee of his/her right to representation if he/she
elects to respond.
h) The notice will advise the employee that discipline may be imposed whether or not
he/she responds to the charges .
4.10.010.5(8) S kelly Meeting -The Skelly meeting, if the employee elects to have a
meeting, shall be conducted as follows:
a) The General Manager (hereafter "Skelly Officer") shall chair the meeting.
b) The Skelly Officer shall establish that the employee has received the Skelly notice
and understands the charges set forth therein.
c) The Skelly Officer shall make available any documents which were considered in
determining the charges and proposed disciplinary action.
d) The employee or his/her representative shall be given the opportunity to respond
to the charges and proposed action .
e) The employee or his/her representative shall be given the opportunity to make
final comments regarding the proposed action.
f) The Skelly Officer shall close the meeting by indicating that he/she will consider all
statements and/or documents, which may have been presented prior to
determining the final action.
The General Manager will determine whether the charges have been sufficiently
established and the appropriateness of the level of the proposed disciplinary action.
4.10.010.S(C) Action Letter -Following the Skelly meeting , the Skelly Officer will
p romptly prepare a letter containing all of the following:
31
a) Factual Findings . Repeat the charges as set out in the Skelly notice letter,
provided the Skelly Officer concludes they have been established . If a charge has
not been established or if facts excusing or mitigating of the misconduct have been
disclosed, the letter should so state.
b) The specific District policy and/or particular portion of the "Causes for Disciplinary
Action " which were violated should be cited .
c) The discipline imposed may not exceed the maximum stated in the Skelly letter.
d) A statement that the employee may appeal the action to arbitration consistent with
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the provisions of the Union contract or other District procedures, if applicable.
4.10.010.5(0) Appeal Process -The following process applies to management positions
(i.e., non-bargaining unit positions) only. The grievance/appeal process for bargaining
unit members is set forth in the MOU.
If an employee wishes to appeal a disciplinary action, they may move the matter to
arbitration by filing a request for arbitration in writing with the General Manager. To be
timely, the request for arbitration must be received within fourteen calendar days of the
date of the Skelly Officer's decision.
As soon as reasonably possible after the matter has been referred to arbitration, the
parties or their designated representatives shall confer regarding the selection of the
arbitrator. If agreement cannot be reached, the parties shall request a panel of seven
arbitrators from the California State Mediation and Conciliation Service ("SMCS"). The
parties or their representatives shall alternatively strike from the SMCS list until one name
remains and that person shall serve as the Arbitrator.
At the Arbitration hearing, both sides shall be represented by the person of their choice
and shall be solely responsible for the costs associated with the presentation of their
case including but not necessarily limited to the costs associated with their representative
and any witnesses. The costs and fees associated with the Arbitrator and court reporter
shall be divided evenly between the parties.
The decision of the Arbitrator shall be final and binding, however, the Arbitrator shall have
no authority to add to, modify or delete any provisions of the District's codes or policies.
CHAPTER 4.11
GRIEVANCES
Section:
4.11.010 Grievance Procedure
4.11.010 Grievance Procedure The District will recognize the grievance procedure as
outlined in Title 14 of the Memorandum of Understanding. In connection with all
grievances filed, it shall be the policy of the District that:
32
a) Prompt attention be given to all grievances;
b) That there will be freedom from reprisal against those filing a grievance;
c) Those reasonable efforts will be made to resolve the grievance at the lowest
possible level within the District.
CHAPTER 4.12
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EMPLOYEE SAFETY AND HEAL TH
Sections:
4.12.010
4.12.020
4.12.030
4.12.040
4.12.050
4.12.060
4.12.070
4.12.080
4.12.090
Safety and Loss Control
Injury and Illness Prevention Program
Wellness Program
Safety and Loss Committee
Tobacco -Free Workplace
Workplace Violence
Driver's License Policy
Drug and Alcohol Free Workplace
DOT Testing Policy
4.12.010 Safety and Loss Control The purpose of this policy is to:
a) Protect human life from injury and preserve property of the District and the general
public.
b) To instill an awareness of the importance of safe work and loss control practices in
the operation of District facilities, and to establish the desire and expectation in all
employees to work safely.
c) To educate and train District employees in proper job practices and procedures
through a continuing on-the-job training program.
d) To comply with applicable federal , state and local regulations .
A comprehensive set of basic operating and safety rules and safe work practices that
address all aspects of District operation shall be developed, adopted and distributed to all
employees of the District. Each employee shall sign a receipt of acceptance indicating
they will follow and abide by the safety rules and work practices.
4.12.020 Injury and Illness Prevention Program The District will maintain a
comprehensive and continuous occupational Injury and Illness Prevention Program (llPP)
for all employees. The health and safety of the individual, whether in the field or office,
takes precedence over all other concerns. The District's goal is to prevent accidents and
to eliminate personal injury and occupational illness and comply with all safety and health
rules and standards.
4.12.030 Wellness Program To promote the wellness of its employees, the District will
maintain an Employee Wellness Program. The program shall include Health Risk
Appraisals and a variety of health and fitness related activities . Participation by
employees in this program is voluntary.
4.12.040 Safety and Loss Committee A Safety and Loss Control Committee shall be
established that will include District management and union employees and will meet at
least monthly. The Committee will annually update the Safety and Loss Control program.
A program of regularly scheduled safety and job training meetings shall be held to
educate District employees and maintain an awareness of job safety.
33 Title 4, Personnel
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Supervisors shall be held accountable for implementation and enforcement of the safety
and loss control program.
The General Manager shall submit to the Board of Directors an annual report
summarizing the safety activities for the past year.
4.12.050 Tobacco-Free Workplace Policy The District's objective is to provide a
healthful, comfortable and productive work environment for all District employees,
directors, vendors and customers.
Accordingly, and in compliance with California law, it is the policy of the District to prohibit
smoking or use of tobacco products of any kind within all District controlled and operated
facilities, as well as District vehicles and worksites.
Smoking is prohibited within twenty (20) feet from entrances, exits, air intake vents,
stairwells, breezeways, garage doors or operable windows. Littering of matches,
cigarettes, cigars, chewing tobacco or any other substance is not permitted. Proper
containers must be used for disposal of these items.
Signs acknowledging "Smoke-Free Building" shall be posted on entrance doors of the
building and other locations as deemed appropriate.
All employees share in the responsibility for adhering to and enforcing to this policy.
4.12.060 Workplace ThreatsNiolence The District is committed to providing a safe and
secure workplace for employees, customers, contractors and visitors. Threats,
threatening behavior, or acts of violence against any individual on District property, at
District controlled worksites or involved in the conduct of District business will not be
tolerated.
4.12.060.1 Definition of Workplace ThreatsNiolence Workplace ThreatsNiolence may
be conduct that causes an individual to fear for his or her personal safety or the safety of
his or her family, friends and/or property, such that employment conditions are altered
and/or a hostile abusive or intimidating work environment is created.
Specific examples of conduct prohibited by this policy include, but are not limited to:
34
a) Threats or threatening behavior directed toward an individual or his/her family,
friends, associates, or property;
b) Harassing or threatening phone calls, written messages, videos, photographs or
E-mails;
c) Surveillance by any means;
d) Stalking;
e) Fighting or other physical violence or threat of physical violence;
f) Threats of aggression or violence made "in-jest".
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It is the responsibility of all District employees to immediately report any threatening or
violent behavior they have witnessed or have knowledge of, occurring on District
property, worksites or connected to District employment, to their supervisor or
department head .
The incident will be investigated and documented by the appropriate management
employee, with all necessary steps taken to intervene in and/or remedy any potentially
hostile or dangerous situations.
4.12.070 Employee Driver's License Policy The purpose of this policy is to maximize
the safety of the District employees and minimize potential liability exposures and District
property damage potential connected with the operation of vehicles used in the course of
District business. Another purpose of this policy is to assure that all employees operating
vehicles while on District business meet all licensing and driving qualifications.
It is a requirement for continued employment for every position with driving duties that the
employee maintains a valid driver's license . In addition, the District's policy is to verify, at
least annually, the OMV motor vehicle record (MVR) for employees who drive for the
District. This policy applies both to drivers of District owned vehicles as well as
employees using personal vehicles in the course of District business.
The General Manager or his or her designee shall administer this policy . The following
are minimum requirements:
a) All employee positions that include operation of a motor vehicle as part of their
duties for the District shall possess a valid state issued drivers' license;
b) An employee shall not operate a District vehicle or a personal vehicle for District
business if that employee's license is not valid for any reason; and,
All employees who drive for the District shall:
a) Maintain the necessary license required by their job description;
b) Authorize the District to obtain a MVR from the Department of Motor Vehicles from
the state of the employee's drivers' license;
c) Immediately report to the General Manager or his or her designee any suspension
of driving privileges or other restriction on the employee's driver's license that
affects the employee's ability to perform his/her job.
For employees who drive for the District, inability to operate a District because of an
invalid drivers' license impairs an employee's ability to satisfactorily perform their job.
Such circumstances are subject to review by the General Manager and corrective
actions, including termination may occur as a result.
4.12.080 Drug and Alcohol-Free Workplace The District is committed to establishing
and maintaining a high-quality, safe environment for employees and the public, and
supports a drug and alcohol-free workplace . The unlawful use, possession, sale,
distribution, dispensation, or manufacture of a controlled substance in the workplace or in
a work-related situation, by District employees is prohibited , and will not be tolerated.
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Further, employees are prohibited from using or being under the influence of drugs or
alcohol in the workplace. The normal use of over-the-counter medications and the legal
use of prescription drugs as ordered by a physician are not prohibited by this policy, as
long as the drugs do not interfere with the employee's ability to safely perform his or her
job.
District employees who violate the District's policy will be subject to disciplinary action
consistent with the District's Disciplinary Procedures.
The District will conduct periodic training for employees and supervisors on substance
abuse prevention and education.
The District shall continue to offer a confidential Employee Assistance Program to aid
employees with substance abuse problems.
Pre-employment Testing: All applicants, after receiving a conditional offer of employment,
will be subject to a controlled substance screening test as part of a pre-employment
physical examination.
Reasonable Suspicion Testing of Current Employees: Any current employee may be
subject to drug or alcohol testing under certain circumstances. When an employee's
observed behavior, involvement in an on-the-job accident or other circumstances raise
reasonable suspicion that this Policy is being violated, the District may require the
employee to undergo a test for controlled substances or alcohol when such testing is job-
related and consistent with business necessity.
Reasonable suspicion under this Policy shall be based on specific, personal and
observations concerning the appearance , behavior, actions, and speech or body odors of
the employee.
4.12.090 Drug and Alcohol Testing Policy Applicable to Commercial Motor Vehicle
Drivers (COL) Only
4.12.090.1 Purpose It is the goal of the District to provide a healthy, satisfying work
environment that promotes personal opportunities for growth. In meeting these goals, it
is the District's policy to do the following:
a) Assure that employees are not impaired by alcohol or prohibited drugs in their
ability to perform assigned duties in a safe and productive manner.
b) Create a workplace environment free from the adverse effects of alcohol and
substance abuse or misuse.
c) Encourage employees to seek professional assistance any time personal
problems, including alcohol or drug dependency, adversely affect their ability to
perform their assigned duties.
4.12.090.2 Included Persons This alcohol and drug testing policy applies to all District
employees holding a commercial driver's license (COL) and who operate a commercial
motor vehicle (CMV) as defined below.
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This policy applies to full time, regularly employed drivers; casual, intermittent or
occasional drivers; leased drivers and independent, owner-operator contractors who are
either directly employed by or under lease to the District or who operate a CMV at the
direction of or with the consent of the District. For the purposes of pre-employment/pre-
duty testing only, the term driver includes a person applying to the District for a position
that entails the driving of a CMV for the District.
4.12.90.3 Prohibited conduct Alcohol -No driver shall:
a) Report for duty or remain on duty requiring the performance of safety-sensitive
functions while under the influence of alcohol (e.g., having an alcohol
concentration of 0.04 or greater).
b) Be on duty or operate a CMV while he or she possesses alcohol.
c) Use alcohol while performing safety-sensitive functions.
d) Perform safety-sensitive functions within 4 hours after using alcohol.
e) After being required to take a post-accident alcohol test, the driver may not use
alcohol for 8 hours following the accident, or until he/she undergoes a post-
accident alcohol test, whichever occurs first.
Drugs: no driver shall report for duty or remain on duty requiring the performance of
safety-sensitive functions when the driver uses any drug, except when the use is
pursuant to the instructions of a physician who has advised the driver that the substance
does not adversely affect the driver's ability to safely operate a CMV.
The following drugs or other substances are prohibited under this policy: Any drug or
other substance identified in this chapter (Effects of Drugs and Alcohol); an amphetamine
or any formulation thereof; a narcotic drug or any derivative thereof; or any other
substance which may or does render the driver incapable of safely operating a CMV.
A driver must inform the District of any therapeutic drug use, including on-duty use and
off-duty use which may affect on-duty performance.
No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the
driver tests positive for controlled substances.
The Federal Department of Transportation (DOT) requires that the District implement an
alcohol and drug testing program which complies with the applicable DOT rules under 49
Code of Federal Regulations Part 40.
Consent to alcohol and-or drug test: no CMV driver shall refuse to submit to a post-
accident test, a random test, a reasonable suspicion test, return-to-duty test or a follow-
up test as required by DOT regulations.
4.12.090.4 Definitions
4.12.090.4(A) Accident is an incident involving a commercial motor vehicle if the incident
involved the loss of human life; or the driver receives a citation arising from the incident
37 Title 4, Personnel
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and an individual suffers a bodily injury and immediately receives medical treatment away
from the scene (e.g . taken to the hospital by ambulance), or a vehicle is required to be
towed from the scene.
4.12.090.4(B) Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol or other
low molecular weight alcohol's including methyl and isopropyl alcohol.
4.12.090.4(C) Alcohol use is the consumption of any beverage, mixture, or preparation,
including any medication (prescribed or over-the-counter, intentional or unintentional),
containing alcohol.
4.12.090.4(0) Breath alcohol technician (BAT) is an individual who instructs and
assists individuals in the alcohol testing process and operates an evidential breath testing
device (EBT).
4.12.090.4(E) Commercial motor vehicle is a motor vehicle or combination of motor
vehicles used in commerce to transport passengers or property if the motor vehicle:
a) Has a gross combined weight of 26,001 or more pounds inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000 pounds.
b) Has a gross vehicle weight rating of 26,001 or more pounds.
c) Is designed to transport 16 or more passengers, including the driver; or
d) Is of any size and is used in the transportation of hazardous materials requiring
placards.
4.12.090.4(F) Confirmation test, for alcohol testing , is a second test that provides
quantitative data of alcohol concentration following a screening test with a result of 0 .02
grams or greater of alcohol per 210 liters of breath. For controlled substances testing, it
is a second analytical procedure to identify the presence of a specific drug or metabolite
wh ich is independent of the screen test and which uses a different technique and
chemical principal from that of the screen test in order to ensure reliability and accuracy .
4.12.090.4(G) Controlled Substance , for the purpose of this policy is marijuana ,
cocaine , amphetamines, opiates, or phencyclidine (PCP).
4.1 2.090.4(H) Covered employee is an employee subject to the requirements of
applicable Federal law, and this policy .
4.12.090.4(1) Driver is any person who operates a commercial motor vehicle, This
includes, but is not limited to : full time, regularly employed drivers; casual, intermittent or
occasional drivers; leased drivers and independent, owner-operator contractors who are
either directly employed by or under lease to the District or who operate a CMV at the
direction of or with the consent of the District. For the purposes of pre-employment
testing, the term driver includes a person applying to drive a CMV for the District.
4.12.090.4(J) Employer is the District.
4.1 2.090.4(K) Evidential breath testing device (EBT) is a device approved by the
National Highway T raffic Safety Adm inistration (NHTSA) for the evidential testing of
38 Title 4, Personnel
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breath and placed on NHTSA's "Conforming Products List of Evidential Breath
Measurement Devices" (CPL).
4.12.090.4(L) Medical review officer (MRO) is a licensed physician (medical doctor or
doctor of osteopathy) responsible for receiving laboratory results generated by an
employer's drug testing program and who has knowledge of substance abuse disorders
and has appropriate medical training to interpret and evaluate an individual's confirmed
positive test result together with his or her medical history and any other relevant
biomedical information.
4.12.090.4(M) On-duty time, as that phrase is defined by Federal regulations and this
policy, means all of the time beginning at the point a covered employee begins to work,
and/or is required to be in readiness to work, until the time he or she is relieved from work
and all responsibility for performing work.
4.12.090.4(N) Performing (a safety-sensitive function) is any period in which the driver
is actually performing, ready to perform, or immediately able to perform any safety-
sensitive functions.
4.12.090.4(0) Refusal to submit (to an alcohol or controlled substance test) is when a
driver:
a) Fails to provide adequate breath for alcohol testing, without a valid medical
explanation, after he or she has received notice of the requirement for breath
testing in accordance with this policy;
b) Fails to provide adequate urine sample for controlled substances testing, without a
genuine inability to provide a specimen (as determined by a medical evaluation),
after he or she has received notice of the requirement for urine testing in
accordance with the provisions of this policy; or
c) Engages in conduct that clearly obstructs the testing process.
4.12.090.4(P) Safety-sensitive function, for purposes of this policy, shall mean any of
the functions defined in Title 49 of the Code of Federal Regulations. More specifically,
safety-sensitive functions include all functions performed by a covered employee during
on-duty time and include:
39
a) All time at the District or work site, unless the driver has been relieved from duty
by the District.
b) All time inspecting equipment or otherwise servicing or conditioning any CMV at
any time.
c) All driving time.
d) All time, other than driving time, in or upon any CMV.
e) All time loading or unloading a CMV, supervising or assisting in the loading or
unloading, attending a CMV being loaded or unloaded, remaining in readiness to
operate the CMV, or in giving or receiving receipts for shipments loaded or
unloaded.
f) All time repairing, obtaining assistance, or remaining in attendance upon a
disabled CMV.
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4.12.090.4(0) Screening test (a.k.a. initial test) in alcohol testing is an analytical
procedure to determine whether a driver may have a prohibited concentration of alcohol
in his or her system. In controlled substance testing, it is an immunoassay screen to
eliminate negative urine specimens from further consideration.
4.12.090.4(R) Substance abuse professional is a licensed physician (medical doctor or
doctor of osteopathy), or a licensed or certified psychologist, social worker, employee
assistance professional, or addiction counselor (certified by the National Association of
Alcoholism and Drug Abuse Counselors Certification Commission) with clinical
experience in the diagnosis and treatment of alcohol and controlled substances-related
disorders.
4.12.090.5 Violation of the Policy Immediate Consequences of Violating this Policy
A driver who violates this policy shall not perform, and will not be permitted to perform, a
safety-sensitive function for the District. A driver removed from performing safety-
sensitive functions because of a rule violation occurring in a 26,001 pound or greater
vehicle in interstate or intrastate commerce, also is prohibited from driving a 10,001
pound or greater vehicle in interstate commerce.
The driver violating this policy must be advised by the District of the resources available
in evaluating and resolving the problem. This must include the names, addresses, and
telephone numbers of substance abuse professionals and counseling and treatment
programs. The District is not required to provide referral, evaluation, and treatment for
applicants who refuse to submit to or fail a pre-employment test.
The driver violating this policy must be evaluated by a substance abuse professional
(SAP) who shall determine what assistance, if any, the employee needs in resolving
problems associated with alcohol misuse and drug use. The SAP who determines that a
driver needs assistance shall not refer the driver to his/her private practice or any
organization in which the SAP has a financial interest for assistance.
The driver may be subject to disciplinary action under the terms of the District's
disciplinary procedure. An employee who tests positive for alcohol or drugs for the first
time must comply with the administrative requirements of rehabilitation, but will not be
disciplined solely on the basis of the positive test result. Absent extenuating
circumstances, a second positive result within a five-year period will be grounds for
disciplinary action, up to and including termination.
4.12.090.6 Out of Service Order Any driver who is found to be in violation of this policy
shall be placed out-of-service immediately for a period of at least 24 hours.
Out-of-service means that the employee shall not perform, and not be permitted to
perform, a safety-sensitive function.
The out-of-service period will commence upon issuance of an out-of-service order.
No driver shall violate the terms of an out-of-service order issued under this section.
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Condition of Returning to Work after a Violation of this Policy -Before returning to duty,
the driver must undergo a Return-To-Duty Test as set forth in this policy.
4.12.090. 7 Testing Circumstances
4.12.090.7(A) Pre-Employment/Pre-Duty Testing -This type of testing applies to:
a) All applicants for a District position requiring a COL driver's license to operate a
CMV, who have not been part of a drug program that complies with the Federal
Highway Administration (FHWA) regulations for the previous 30 days; and
b) District employees who usually drive vehicles for which a COL is not required to
operate, but then is required to obtain a COL and drive CMVs for the District.
4.12.090.7(8) Exceptions -A pre-employment drug test is not required if the following
conditions are met:
a) The driver participated in a drug testing program meeting the requirements of the
FHWA within the previous 30 days;
b) While participating in the program, the driver either was tested for controlled
substances in the previous 6 months, or participated in a random drug testing
program for the previous 12 months; and
c) No prior employer of the driver has a record of violations of any DOT controlled
substance use rule for the driver in the previous 6 months.
In cases of exceptions, the District must contact the testing program prior to using the
driver and obtain the following information:
a) The name and address of the program, which is generally the driver's prior and/or
current employer.
b) Verification that the driver participates or participated in the program.
c) Verification that the program conforms to the required procedures.
d) Verification that the driver is qualified, including that the driver has not refused to
submit to an alcohol or drug test.
e) The date the driver was last tested for alcohol and drugs.
f) The results of any drug or alcohol test administered in the previous 6 months, and
any violations of the alcohol misuse or drug rules.
If the District uses a driver more than once a year, but does not employ the driver, it must
assure at least once every 6 months that the driver does participate, or has participated,
in a drug testing program that meets the requirements of these regulations .
4.12.090. 7(C) Post-Accident
Testing is required as soon as practicable following an accident involving a CMV of each
surviving driver when either:
a) The accident involved a fatality ; or
41 Title 4 , Personnel
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b) The driver receives a citation under state or local law for a moving traffic violation
arising from the accident and an individual suffers a bodily injury and immediately
receives medical treatment away from the scene; or
c) The driver receives a citation under state or local law for a moving traffic violation
and the CMV is required to be towed from the scene of the accident.
Nothing in the regulations should be construed as to require the delay of necessary
medical attention for injured people following an accident. Also, the driver is not
prohibited from leaving the scene of an accident for a period necessary to obtain
assistance in responding to the accident, or to obtain necessary emergency medical
care.
In lieu of administering a post-accident test, the District may substitute a test
administered by on-site police or public safety officials under separate authority. The
District may substitute a blood or breath alcohol test and a urine drug test performed by
such local officials, using procedures required by their jurisdictions. The District may
obtain a copy of the test results pursuant to an employee signing a preauthorized consent
form.
4.12.090.7(0) Random Testing
Alcohol Testing Rate: random alcohol testing shall be administered at a minimum annual
rate of 25 percent of the average number of driver positions, or as changed by the FHWA
and published in the Federal Register .
Drug Testing Rate: random drug testing shall be administered at a minimum annual rate
of 50 percent of the average number of driver positions, or as changed by the FHWA and
published in the Federal Register .
Appropriate time for random testing:
a) Alcohol testing: A driver shall only be tested while the driver is performing safety-
sensitive functions, immediately prior to performing or immediately after
performing safety-sensitive functions.
b) Drug testing: Drug testing may be performed at any time while the driver is at work
for the District, regardless of whether such duties are safety-sensitive or not.
4.12.090.7(E) Selection and Notification:
Selection of drivers shall be made by a scientifically valid method such as a random
number table or a computer-based random number generator that is matched with an
identification number assigned to each driver. Under the selection process, each driver
shall have an equal chance of being tested each time selections are made.
The random tests shall be announced and spread reasonably throughout the year. There
will not be a period of time during which random testing will be "done for the year."
42 Title 4 , Personnel
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The District shall ensure that drivers selected for random tests proceed immediately to
the testing site upon notification of being selected.
For purposes of employee name selection for drug and alcohol testing, the District shall
use the services of the Sierra DOT Consortium administered by Sinnett Consulting
Services. By participating with the Sierra DOT Consortium, the District will meet the
m1n1mum selection requirements established by the Federal Department of
Transportation.
In the event a driver, who is selected for a random test, is on vacation, lay-off, or an
extended medical absence, the District will select another driver for testing. The District
shall document that the driver was ill, injured, laid off, or on vacation and that the driver
was in the random selection pool for that cycle.
4.12.090. 7(F) Reasonable Suspicion
Drivers must submit to an alcohol or drug test when the District has reasonable suspicion
to believe that the driver has violated the prohibited conduct as outlined in this policy. A
trained supervisor or the General Manager are required to make the observations
necessary to substantiate a reasonable suspicion and the observations must be further
substantiated by the observations of a second trained supervisor unless extenuating
circumstances apply.
Reasonable suspicion:
a) The District's reasonable suspicion shall be based on specific, contemporaneous,
articulable observations concerning the appearance, behavior, speech, or body
odors of the driver.
b) The reasonable suspicion determination shall be made by a trained supervisor or
the General Manager and substantiated by an opinion from a second trained
supervisor.
c) The mere possession of alcohol does not constitute a need for reasonable
suspicion testing, which must be based on observations concerning the driver's
appearance, behavior, speech, or body odor.
Reasonable suspicion must be determined during, just before, or just after the driver
performs safety-sensitive functions.
Alcohol Test: If reasonable suspicion is observed but a reasonable suspicion test has not
yet been administered, a driver shall not perform safety-sensitive functions until an
alcohol test is administered and the driver's alcohol concentration measures less than
0.02, or 24 hours have elapsed following the determination of reasonable suspicion.
Drug Test: the documentation of the driver's conduct must be prepared and signed by the
witness within 24 hours of the observed behavior, or before the results of the drug test
are released, whichever is earlier.
4.12.090.?(G) Return-To-Duty Testing
43 Title 4, Personnel
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Alcohol Test: after engaging in prohibited conduct regarding alcohol misuse, the driver
shall undergo a return-to-duty alcohol test before performing a safety-sensitive function.
The test result must indicate a breath alcohol concentration of less than 0.02.
Drug Test: after engaging in prohibited conduct regarding drug use, the driver shall
undergo a return-to-duty drug test before performing a safety-sensitive function. The test
result must indicate a verified negative result for drug use.
In the event that a return-to-duty test is required, the driver must also be evaluated by a
SAP and participate in any assistance program prescribed and be subject to
unannounced follow-up alcohol and drug tests administered by the District following the
driver's return to duty.
The number and frequency of the tests are to be determined by the SAP, but must
consist of at least six tests in the first 12 months following the driver's return to duty.
Follow-up testing may be done for up to 60 months.
If the SAP determines that a driver needs assistance with a poly-substance abuse
problem, the SAP may require an alcohol test to be performed along with the required
drug tests after the driver has violated the drug testing prohibition.
The cost of return-to-duty alcohol and drug tests shall be paid directly by the employee
and/or his or her insurance provider.
The cost of the services of the SAP for the initial evaluation and a return-to-duty
evaluation shall be paid by the District.
An employee will be allowed to take accumulated vacation leave and/or personal leave
time while participating in the prescribed treatment, rehabilitation services or assistance
program.
4.12.090. 7(H) Follow-up Testing
If a SAP determines that a driver needs assistance resolving problems associated with
alcohol or drug use, the District shall ensure that the driver is subject to unannounced
follow-up testing following the driver's return to duty.
The number and frequency of the tests are to be determined by the SAP, but must
consist of at least six tests during the first 12 months following the driver's return to duty.
Follow-up testing may be done for up to 60 months. The SAP can terminate the
requirement for the follow-up testing in excess of the minimum at any time, if the SAP
determines that the testing is no longer necessary.
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Follow-up tests need not be confined to the substance involved in the violation. If the
SAP determines that a driver needs assistance with a poly-substance abuse problem, the
SAP may require, for example, alcohol tests to be performed along with the required drug
tests after the driver has violated the drug testing prohibition .
Follow-up testing for alcohol shall only be performed when the driver is performing safety-
sensitive functions, or immediately prior to performing or immediately after performing
safety-sensitive functions.
4.12.090.7(1) Alcohol Testing Procedure
Preparation for Testing
a) The employee is required to show positive identification when arriving at the test
site .
b) The employee may also request the Breath Alcohol Technician (BAT) to show
positive identification.
c) The BAT shall then explain the testing procedure to the employee .
d) The BAT must supeNise only one employee's use of the Evidential Breath Testing
device (EBT) at a time.
e) The BAT is not to leave the testing site while the test is in progress.
Administration of the Initial Test
Steps 1 and 2 of the Breath Alcohol Testing Form are to be completed. A refusal by an
employee to sign the certification in Step 2 of the form shall be regarded as a refusal to
take the test.
a) Non -evidential screening devices may be used for the alcohol screening test,
provided they are approved by the National Highway Traffic Safety Administ ration
(NHTSA).
b) Devices approved by the NHTSA are placed on the "Conforming Products List of
Alcohol Screening Devices."
c) Confirmation tests must be done using an evidential breath testing device.
Depending on whether the result is less than 0.02, or 0.02 or greater, the following shall
be done:
45
a) If the result is less than 0.02, the BAT shall date the form and sign the certification
in Step 3 of the form. The employee shall sign the certification and fill in the date in
Step 4 of the form.
b) If the result is 0.02 or greater, a confi rmation test must be performed. If the
confirmation test will be performed by a different BAT, the BAT who conducted the
screening test shall complete and sign the form and log book entry. The BAT is to
give the employee Copy 2 of the form. If the confirmation test will be conducted at
a different site , the employee must not drive the re and must be observed by
District personnel en route .
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Administration of the Confirmatory Test
Waiting Period:
a) The BAT shall instruct the employee not to eat, drink, put any object or substance
in his or her mouth, and, to the extent possible, not belch during a waiting period
before the confirmation test.
b) This waiting time period begins with the completion of the screening test, and shall
not be less than 15 minutes.
The confirmation test shall be conducted within 30 minutes of the completion of the
screening test.
In the event that the screening and confirmation test results are not identical, the
confirmation test result is deemed to be the final result upon which any action under
operating administration rules shall be based.
Following the completion of the test, the BAT shall date the form and sign the certification
in Step 3 of the form. The employee shall sign the certification and fill in the date in Step
4 of the form.
The BAT shall transmit all results to the District in a confidential manner.
4.12.090. 7(J) Drug Test Procedures
i. Urine Specimen Collection
The test shall be conducted at an independent medical facility which complies with the
DOT Guidelines .
The laboratory must be certified by the Department of Health and Human Services
Chain of Custody -The appropriate drug testing form shall be utilized from time of
collection to receipt by the laboratory and that , upon receipt by the laboratory, an
appropriate laboratory chain of custody form(s) account(s) for the sample or sample
aliquot within the laboratory.
ii. Preparation for Testing
Use of a clean, single use specimen bottle that is securely wrapped until filled with the
specimen.
Use of a tamper proof seal system designed in a manner that the specimen bottle top can
be sealed against undetected opening and the bottle allowing for identification of the test
subject, either by number or by some other confidential mechanism.
46 Title 4 , Personnel
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Use of shipping container in which one or more specimens and associated paperwork
may be transferred, and which can be sealed and initialed to prevent undetected
tampering.
Written procedures and instructions for collection site person.
Initial Screen -Every specimen is required to undergo an initial screen followed by
confirmation of all positive screen results . The initial screen process must use
immunoassay.
Confirmatory Tests -All specimens identified on the initial screen must be confirmed by
gas chromatography/mass spectrometry (GC/MS) at the cut-off levels shown in the next
table. All confirmations must be quantitative in their analysis, which means that the
specific, scientific level of drug contained in the collected specimen must be known.
iii. Reporting of Test Results
Both positive and negative test results must be reported directly to the District's Medical
Review Officer (MRO) within an average of 5 working days.
a) The MRO must be a licensed physician and possess knowledge of drug abuse
disorders. The MRO, who may be an employee of the District or one contracted to
provide the services required, principally services as an arbiter between the
laboratory and the District.
b) It is the primary responsibility of the MRO to review and interpret positive results
obtained from the laboratory.
The report, as certified by the responsible laboratory individual, shall indicate the drug-
metabolites tested for, whether the results are positive or negative, the specimen number
assigned by the District and the drug testing laboratory identification number.
a) The MRO may require that the laboratory provide quantitation of test results.
b) The laboratory must report as negative all specimens which are negative on the
initial test or confirmed negative by the GC/MS.
c) Only specimens confirmed by GC/MS as positive are reported as positive.
The laboratory may transmit the test results to the MRO by various electronic means
such as facsimile or computer, so long as those methods are designed to maintain
confidentiality.
The MRO must assess and determine whether alternate medical explanations could
account for the positive test results.
47
a) To accomplish this task, the MRO may conduct medical interviews of the
individual, review the individual's medical history and review any other relevant
bio-medical factors.
b) Additionally, the MRO must examine all medical records and data made available
by the tested individual, such as evidence of prescribed medications.
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c) The MRO must not consider any specimen results that arise from collection or
analysis which do not comport with the FHWA regulations.
The MRO must give the individual testing positive an opportunity to discuss the test
results prior to making a final decision.
After a final decision is made, the MRO shall notify the District.
If, during the course of an interview with an employee who has tested positive, the MRO
learns of a medical condition which could, in the MRO's reasonable medical judgment,
pose a risk to safety, the MRO may, in his or her professional judgment, report that
information to the DOT or to the District.
iv. Positive Test Result
The MRO shall notify each employee who has a confirmed positive test that the
employee has 72 hours in which to request a test of the split specimen.
If the employee makes such a request, the MRO shall direct, in writing, the laboratory to
provide the split specimen to another certified laboratory for analysis.
If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug
metabolite(s) found in the primary specimen, or if the split specimen is unavailable,
inadequate for testing or un-testable, the MRO shall cancel the test and report
cancellation and the reasons for it to the DOT, the District, and the employee. A
canceled report is neither a negative nor a positive test. A sample that has been rejected
for testing by a laboratory . is treated the same as a canceled test.
v. Notification of Test Results
If an MRO, after making and documenting all reasonable efforts, is unable to contact a
tested person, the MRO shall contact a designated management official of the District to
arrange for the individual to contact the MRO prior to going on duty . The MRO may verify
a positive test without having communicated with the driver about the results of the test if:
a) The driver expressly declines the opportunity to discuss the results of the test, or
b) Within 5 days after a documented contact by a designated management official of
the District instructing the driver to contact the MRO, the driver has not done so.
The MRO must report the results to the District using any communication device, which
maintains confidentiality, but in all instances, a signed, written notification must be
forwarded within three business days of completion of the review.
4.12.090. 7(K) Confidentiality and Record Keeping
i. Record keeping
The District must maintain records of its alcohol and drug programs.
48 Title 4, Personnel
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Records must be kept in a secure location with controlled access . The records may be
included in personnel reco rds that have controlled and secure access only by authorized
personnel.
All records, except those requiring a signature, may be maintained through the use of
computer technology . The District must be able to produce a computer printout of the
required data on demand by the appropriate agency or the employee himself or herself.
The records may be maintained anywhere, but the District must make them available at
the District's principal place of business within two days of a FHWA , or other authorized
agency, request.
The following records must be kept:
a) Records related to the collection process: collection logbooks (if used); documents
related to the random selection process; calibration documentation for EBTs ;
documentation of BAT training ; documentation of reasoning for reasonable
suspicion testing; documentation of reasoning for post-accident testing ,
documents verifying a medical explanation for the inability to provide adequate
breath or urine for testing; and , a consolidated annual calendar year summary .
b) Records related to the driver's test results : District's copy of the alcohol test form,
including results; District's copy of the drug test chain of custody and control form;
documents sent to the District by the MRO; documentation of any driver's refusal
to submit to a required alcohol or drug test; and, documents provided by a driver to
dispute the test results.
c) Records including documentation of any other violations of drug use or alcohol
misuse rules.
d) Records related to evaluations: records pertaining to the SAP 's determination of a
driver's need for assistance and records concerning a driver's compliance with
SAP 's recommendation.
e) Records related to education and training : materials on drug and alcohol
awareness, including a copy of the District's policy on drug use and alcohol
misuse; documentation of compliance with requirement to provide drivers with
educational material , including driver's signed receipt of materials; documentation
of supervisor training ; and, certification that training conducted complies with all
DOT requirements.
f) Records related to drug testing: agreements with collection site facil ities,
laboratories, MROs, and consortia ; names and positions of officials and their role
in the District's alcohol and controlled substance testing program ; monthly
statistical summaries of urinalysis from certified laboratories; the Memorandum of
Understanding with any unions representing District employees; and the District's
drug testing policy and procedures.
11. Retention Period :
49
a) Five years: alcohol test results indicating a breath alcohol concentration of 0.02 or
greater; verified positive drug test results ; refusals to submit to required alcohol or
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drug tests; required calibration of EBTs, SAP 's evaluation and referrals; and,
annual calendar year summary.
b) Two years: records related to the collection process and training.
c) One year : negative and canceled drug test results ; and alcohol test results
indicating a breath alcohol concentration less than 0.02.
iii. Confidentiality and Access to Records
Generally, the District shall maintain records under this policy with as much confidentiality
as possible, and not release any driver drug and/or alcohol program information, except
as required by law or authorized by the District policies.
An employee is entitled, upon written request, to any records pertaining to his/her drug or
alcohol tests or other related matters . The records shall be provided promptly.
The District is required to permit access to facilities and records upon request of a DOT
or other regulatory official with proper authority.
The District may disclose driver information to the decision -maker in a lawsuit, grievance,
or other proceeding initiated by or on behalf of the individual resulting from an action
taken under these regulations . This includes worker's compensation and unemployment
compensation proceedings.
Records must also be made available in the following instances:
To a subsequent employer upon receipt of a written request from the driver, and then in
accordance with the terms of the request.
To an ident ified person as directed by a specific, written consent of the driver.
The release of employee information is allowed in the following instances :
50
a) An employee shall have access to any of his/her alcohol testing records upon
written request.
b) The District must allow any DOT -authorized agency access to facilities and
records in connection with the District 's alcohol m isuse prevention program .
c) When requested, the District shall disclose post -accident testing information to the
National Transportation Safety Board as part of an accident investigation.
d) The District shall make records available to a subsequent employer upon receipt
of a written request from the employee.
e) The District may disclose information to the employee or to the decision -maker in
a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual.
This may include worker's compensation, unemployment compensation, or other
proceeding relating to a benefit sought by the employee .
f) The District shall release information regarding a covered employee's records as
directed by the specific, written consent of the employee authorizing release of the
information to an identified person.
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iv. MRO Record Retention
The MRO shall maintain all dated records and notification for verified positive drug test
results for five years.
The MRO shall maintain all dated records and notifications for negative and canceled
drug test results for one year .
The MRO shall not release the individual drug test results of any driver to any person,
without a specific, written authorization from the tested driver. This does not prohibit the
MRO from releasing the results listed above to the District or regulatory officials with the
proper authority.
Annual Calendar Year Summary -Only if notified by FHWA, or upon request of an official
with proper authority, is the District required to prepare and maintain an annual calendar
year summary of its alcohol and drug testing program.
Retention of Records -This section explains how long controlled substance and alcohol
test records must be maintained, which records must be maintained, and where.
Required Period of Retention
Documents to Be Maintained
Five Years:
Alcohol test results indicating a breath alcohol concentration of 0.02 or greater
Verified positive controlled substance test results
Refusals to submit to required alcohol or controlled substance tests
Required calibration of Evidential Breath Testing Devices (EBT's)
Substance Abuse Professional's (SAP's) evaluations and referrals
Annual calendar year summary
Two Years:
Records related to the collection process (except calibration) and required training
One Year:
Negative and canceled controlled substance test results
Alcohol test results indicating a breath alcohol concentration less than 0.02
Types of Records required to be maintained:
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Records related to the collection process:
a) Collection logbooks (if used)
b) Documents related to the random selection process
c) Calibration documentation for EBT's
d) Documentation of Breath Alcohol Technician (BAT) training
e) Documentation of reasoning for reasonable suspicion testing
f) Documentation of reasoning for post-accident testing
g) Documents verifying a medical explanation for the inability to provide adequate
breath or urine for testing
h) Consolidated annual calendar year summaries
Records related to the driver's test results:
a) The District's copy of the alcohol test form, including results
b) The District's copy of the drug test chain of custody and control form
c) Documents sent to the District by the Medical Review Officer
d) Documentation of any driver's refusal to submit to a required alcohol or controlled
substance test
e) Documents provided by a driver to dispute results of test
Documentation of any other violation of controlled substance use or alcohol misuse rules.
Records related to evaluations and training:
a) Records pertaining to substance abuse professional's (SAP's) determination of
driver's need for assistance
b) Records concerning a driver's compliance with SAP's recommendations
Records related to education and training:
a) Materials on drug and alcohol awareness, including a copy of the District's policy
on drug use and alcohol misuse
b) Documentation of compliance with requirement to provide drivers with educational
material, including driver's signed receipt of materials
c) Documentation of supervisor training
d) Certification that training conducted under this rule complies with all requirements
of the rule
Records related to drug testing:
a) Agreements with collection site facilities, laboratories, MROs, and consortia
b) Names and positions of officials and their role in the District's alcohol and
controlled substance testing program
c) Monthly statistical summaries of urinalysis
d) The District's drug testing policy and procedures
v. Location of Records
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All required records shall be maintained in a secure location with limited access as
selected by the District. Records shall be made available for inspection at the District's
principal place of business within two business days after a request has been made by
an authorized representative of the Federal Highway Administration or other authorized
agency.
For example: Specific records may be maintained on computer or at a regional or
terminal office, provided the records can be made available upon request from FHWA
within two working days.
vi. Effects of Drugs and Alcohol
Marijuana -Marijuana is the common term used to describe the cannabis plant. Marijua-
na (also called pot, grass or dope) is usually smoked. Marijuana is both a narcotic and a
hallucinogen. It produces increased heart rates, blood pressure, blood shot eyes, dilated
pupils and dry mouth. Marijuana impairs the short term memory and the sense of time. It
can reduce motor skills, coordination, reaction time and concentration.
Cocaine: Cocaine is a stimulant and can be taken through the nose in powder form,
injected as a liquid or smoked. Cocaine is also found in a crystal form known as crack
cocaine. Both cocaine and crack cocaine are addictive narcotics which can also produce
hallucinogenic effects with long-term use. It causes increased heart rates, blood
pressure, respiration, dilation of the pupils, and result in anxiety, restlessness, irritability
and sleeplessness.
Opiates: -Opiates include narcotics such as opium, heroin, morphine and codeine. They
appear as solids, pastes, powders, liquids, and can be smoked, ingested, or injected.
Opiates are depressants and relaxants. Opiate users can become lethargic, becoming
drowsy or going to sleep. Opiates are highly addictive and dangerous drugs. Some
physical signs can be runny eyes and noses, nausea, and fainting.
Phencyclidine -Often called PCP or "angel dust" is a hallucinogenic. It is synthetically
made and comes as a powder, tablet or capsule that can be ingested or smoked. The
effects of the use of PCP include increased heart rates, blood pressure, dizziness,
numbness, and disorientation, slows reflex and body movements, and can impair vision
and speech.
Amphetamines -Also known as methamphetamines are stimulants which can be
ingested as tablets or capsules. They are also found in powder form that can be sniffed
or injected as a mixed liquid : Some signs are elevated heart rates, blood pressure,
respiratory rates, dilated pupils, sweating (with pungent odor), sleeplessness, mood
swings, talkativeness and anxiety.
Metabolites from drug use can be found in urine for varying lengths of time after being
used. Generally speaking, except for marijuana, which collects in fatty tissues, the above
drugs stay in the body up to approximately one week.
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Alcohol -Alcohol is a central nervous system depressant. Taken in large quantities it
causes not only the euphoria associated with "being drunk" but also adversely affects the
employee's judgment, his or her ability to think, and his or her motor functions.
Long term overuse of alcohol can cause liver damage, heart problems, sexual
dysfunction, and other serious medical problems. In some cases, alcohol use can lead to
physical and psychological dependence on alcohol. Alcoholism is a serious chronic
disease. Left untreated it will inevitably get worse .
Resolution 2008 -04, Adopting Amendments to the District Code Title 4, approved on
May 7, 2008, replaces all contents of existing Title 4, and supersedes the following:
Resolutions: 77-21, 82-22, 83-42, 88-10, 90-14, 91-14, 93-15, 94-36, 04-15, 05-27,
07-10, and 07-23.
Minute Orders: 88-187, 88-199, 89-45, 91 -35, 93-31, 94-74, 96-10, 97-119, 06 -100,
07-04, 07-106, 07-147, and 07-148.
Ordinance : 02 -05.
Revisions:
Res 2009-13 (5/06/09)
Res 2009-36 (12/02/09)
Res 2008-04, (5/7/08)
Res. 2009-36 (12-2-09)
Res. 2010-09 (6/2/10)
Res. 2014-07 (5/21/14)
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TITLE 5
CUSTOMER RELATIONS
CHAPTERS:
5.01 Application for Service
5.02 Deposits
5.04 Credit
5.08 Billing
5.09 Owner/Renter Responsibilities -Service
Application
5.12 Disconnection and Reconnection of Service
5.16 Disputes
5.20 Electric Fees and Charges
5.24 Electric Rates
5.26 Electric and Water Facilities Fees
5.28 Water Fees and Charges
5.32 Water Rates
5.36 Information Available to the Public
5.37 Public Outreach Policy
5.38 Public Information Program
5.39 Public Benefits Program
5.40 Complaint Procedure
5.44 Notices
5.48 Paybacks
5.53 Annexation of Property to District
5.55 Conservation Programs
Sections:
5.01.005
5.01.010
CHAPTER 5.01
APPLICATION FOR SERVICE
Definitions
Requirements
5.01.005 Definitions The following definitions will apply to all other chapters of the District
Code where the terms are used whether capitalized or not:
5/21/14
• "Agent" is the person(s) or entity authorized by the property owner to manage his/her
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property .
• "Applicant" is a person(s) or entity in whose name service is rendered for a particular
account as evidenced by the authorized signature on the application for service .
• "Co-Signer" is a person who enters into a contract agreeing to be equally and severally
responsible for full payment of the applicant's bill in lieu of the applicant paying a deposit.
The co-signer must be a current customer with at least 24 consecutive months of service
who is in good credit standing with the District.
• "Customer'' is the person(s) or entity in whose name service is rendered for a particular
account as evidenced by the authorized signature(s) on the application for service.
• "Property Owner(s)" is that person or entity who legally owns a property served by the
District or has applied for service from the District and may or may not be the customer.
• "Renter!Tenant" is the person(s) or entity who is authorized by a property owner to occupy
their property .
5.01.010 Requirements
5.01.010 .1 General Each applicant for electric and/or water service from the District shall
complete the necessary application for service and meet the requirements established by the
District.
5.01.010 .2 Property Owner(s) Applicants who are property owners who wish to become
customers of the District are required to provide documentation showing ownership of the
property. Required documentation must be provided prior to service being rendered .
5.01 .010.3 Renter(s)!Tenant(s) An applicant(s) who wishes to become a customer(s) of the
District is required to provide documentation showing authorization to occupy the property where
service is to be provided. Required documentation must be provided prior to service being
rendered.
5.01.010.4 All applicants for service must agree to pay the applicable rates, fees and charges and
abide by the resolutions, ordinances , rules and regulations of the District or other governing
agencies as a condition of receiving service.
5.01.010.5 An applicant for service who owes any amounts for previous utility service(s) provided
by the District, either directly or indirectly, under their name or any other name must make
arrangements for payment prior to utility service being rendered .
5.01.010.6 Applicants for service will be billed service transfer fees as established in the
Miscellaneous Fee Schedule.
5.01.01O.7 Applicants who have met the District's requirements for service will be billed for electric
and/or water service in accordance with Sections 5.24 Electric Rates and 5.32 Water Rates.
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Determination of the applicable rate is at the sole discretion of the District.
Sections:
5.02.005
5.02.010
5.02.020
5.02.025
5.02.027
5.02.030
CHAPTER 5.02
DEPOSITS
Definitions
Residential Customer Deposits
Commercial Deposits
Project Review and Inspection
Project Documentation Deposit (As-built Drawings)
Employee Utility Deposits
5.02.005 Definitions The following definitions will apply to all other chapters of the District
Code where the terms are used whether capitalized or not:
• "Establishing credit" is defined as at least two years of seNice with the District or a
prior utility with a history of paying promptly (see definition below).
• "Good credit" is defined as no more than two late notices in the past 24-month
period, no returned checks 0Hle6lffie& or declines and no prior disconnects for non-
payment in the last 24 months . Final bills must be paid within 30 days of the final
billing date in order to maintain good credit.
• "Promptly/prompt" is defined as no more than two late notices in the past 24 month
period, no returned checks or declines s or declines and no prior disconnects for
non-payment in the last 24 months.
• "Qualifying credit record" is derived from the applicant's overall payment history,
which includes unpaid balances to other utilities, as determined through a credit
reporting agency.
5.02.010 Residential Customer Deposits
5.02.010.1 5.02.010.1 A deposit, equal to two times the highest monthly bill within the last
24 months, will be required of all customers before electric and/or water seNice is supplied.
In cases where no billing history has been established, customers will be required to pay a
minimum deposit that is based upon customers with similar services.
Waiver of deposits shall be determined by the District and may be based on multiple factors
including, but not limited to the following:
5.02.010.1 (A) Customers who maintain a qualifying credit record based on information from
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a credit reporting agency, will not be required to pay a deposit, unless they have failed to
maintain good credit in the past or fail to maintain good credit in the future according to
District's credit and collection policies.
5.02.010.1 (8) Customers who utilize the District's automated payment program will be
eligible for deposit waiver. If a non-sufficient funds event or credit card decline occurs, a
deposit will be required and will be automatically added to the customer's bill
5.02.010.1 (C) Customers may have another party sign on their account as a co-signer in
order to have their deposit waived . Co-signers are equally and severally responsible for the
balance owing on an account including a closing balance even if the co-signer was not
aware of the unpaid balance . A co-signer must be a current customer in good credit
standing with the District.
5.02.010.2 A deposit will be required of all new construction customers before electric and/or
water service connections are scheduled. The minimum deposit will be estimated based
upon customers with similar services . New construction customers who have met the credit
requirements in Section 5.02.010.4 below will not be required to pay a deposit.
5.02.010.3 Customers moving from one residence to another within the District who have
met the credit requirements in Section 5.02.010.4 below will not be required to pay a
deposit.
5.02.010.4 Credit may be established by a customer if he/she has had service in their name
for at least 24 months, has paid their bills promptly and has maintained good credit for the
last 24 months of this period.
5.02.010.5 Former customers of the District may use prior payment history with the District
to establish credit provided the lapse in service was not greater than 24 months.
5.02.010.6 Customers or their agents who request to have services reconnected for
inspections (See Chapter 5.12.050.3) shall be required to pay a minimum deposit.
Customers with balances owing shall also be required to pay the entire balance owing prior
to reconnect
5.02.010. 7 Deposits will be retained for a minimum period of 24 months. If the customer has
established good credit with the District, he/she will be refunded their deposit with interest.
The deposit and interest credit will be applied to the customer's account.
5.02.010.8 Interest paid on deposits will be the average rate paid by local banking
institutions on regular savings accounts and will be adjusted quarterly.
5.02.010.9 Upon termination of service , any retained deposit and accrued interest will be
applied against unpaid bills of the customer and, if any balance remains after such
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application , said balance shall be refunded to the customer of record .
5 .02.020 Commercial Deposits
5.02.020.1 A deposit or suitable guarantee equal to two times the highest monthly bill within
the last 24 months will be required of any customer before electric and/or water service is
supplied.
5.02.020 .2 For a new commercial service or a new business, the customer will be required
to pay a deposit equal to an estimated amount based on the load requirements of the
service or a comparable commercial business use .
5.02.020.3 Customers moving their business (under the same name and ownership) from
one location to another within the District, who have met the credit requirements in
5.02 .020.4 below, will not be required to pay a deposit.
5.02.020.4 Commercial credit may be established by a customer if he/she has had the
commercial service in their name for at least 24 months, has paid their bills promptly and
has maintained good credit for the last 24 months of this period . Any new business type,
even though opened under an established name, will require a new deposit.
5.02.020.5 Deposits will be retained for a minimum period of 24 months. If the customer has
established good credit with the District , he/she will be refunded his/her deposit with interest.
The deposit and interest credit will be applied to the customer's account.
5.02.020.6 Interest paid on deposits will be the average rate paid by local banking
institutions on regular savings accounts and will be adjusted quarterly.
5.02.020.7 Upon termination of service, any retained deposit and accrued interest will be
applied against unpaid bills of the customer and, if any balance remains after such
application , said balance shall be refunded to the customer of record .
5.02.025 Project Review and Inspection
5.02.025.1 Project application review deposit-A deposit of $1,000 per utility (depending on
the size of the project) will be required of a project proponent to defray the cost of review by
the District staff, legal consultant and engineering consultant.
5.02.025 .2 Project inspection fees -Projects shall be subject to a deposit to cover the actual
costs of construction inspection . The amount of the inspection deposit will be based on the
characteristics of the project such as the number of services to be installed, the length of the
pipeline to be installed and any other overhead or underground facilities to be installed.
Such deposits shall be made prior to the beginning of construction.
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5.02.025.3 Only actual costs will be levied against the deposits . If the costs incurred are
less than the deposit, a refund (less administrative costs) will be issued.
5.02.025.4 If costs incurred are in excess of the deposit , a billing for the amount over the
deposit will be rendered .
5.02.025.5 All charges must be paid prior to the District's acceptance of project systems.
5.02.027 Project Documentation Deposit (As-Built Drawings)
5.02.027.1 At the time that a developer signs the Development Agreement , the District shall
impose a Project Documentation Deposit equal to five (5) percent of the construction cost of
water and/or electric facilities to serve the project. The minimum deposit shall be $1,000.
This deposit shall be held by the District and refunded to the developer upon successful
completion of the as-built drawings. The developer shall not be due any interest on monies
held by the District.
See District Policy Regarding As-Built Drawings in Appendix B.
5.02.030 Employee Utility Deposits Any full time, regular employee of the District who
has not established credit with the District, whose full time residence lies within the District,
who is served water and/or electric power by the District shall not be required to make a
deposit unless he/she fails to maintain good credit. If the employee fails to maintain good
credit , he/she will be required to pay the full deposit in order to continue receiving service
from the District.
5.02.030.1 If an employee's employment with the District is terminated prior to establishing
credit, he/she shall be required to pay the full deposit in order to continue receiving service
from the District.
Sections:
5.04.010
5.04.020
CHAPTER 5.04
CREDIT
Establishment of Credit
Re-establishment of Credit
5.04.01 O Establishment of Credit Each applicant for service will be required to establish
appropriate credit by advancing the deposit prescribed in Chapter 5.02 .
5.04.020 Re-establishment of Credit
5.04.020.1 An applicant who has at any time had service disconnected for non-payment of
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bills, made arrangements to amortize the amount due, asked for an extension to pay a past
due amount, voluntarily disconnected service with unsatisfactory credit or who has not paid a
final bill within 30 days of the final billing date , shall pay any unpaid balances due the District
prior to restoration of service and re-establish credit by making the deposit prescribed in
Chapter 5 .02.
5.04.020.2 A customer whose service has been disconnected for non -payment of bills, shall
pay any unpaid balance due the District prior to restoration of service and may be required
to pay a reconnection charge as prescribed in the Miscellaneous Fee Schedule . Such
customer shall re-establish credit by making the deposit prescribed in Chapter 5.02.
5.04.020.3 Customers who receive greater than two Final Notices of Termination (48 Hour
Notice) in a trailing twelve month period shall be required to re-establish credit by paying a
deposit or upgrading their deposit as prescribed in Chapter 5.02 . The customer will be
notified by mail of the deposit requirement and the deposit will be automatically added to the
customer's bill.
5.04.020.4 Payments on final and auto transfer billings must be made within 30 days of the
final billing date in order to maintain good credit with the District. Failure to pay within 30
days may require a new deposit.
5.04.020.5 If there is a history of disconnects for non-payment and/or unpaid bills resulting
in write-off for specific rental properties, the District may require that the service be placed in
the name of the property owner and may require a deposit as prescribed in Chapter 5.02 .
5.04.020.6 In the event a residential or commercial customer declares bankruptcy and
requests to continue service , the District will close the customer's existing account(s) as of
the bankruptcy filing date. The District will continue service to the customer under a new
account number provided the customer re-establishes the account by completing a new
application for service and re-establishes credit with the District by paying a new deposit.
Any deposit held on the previous account will be applied to the final bill upon closing.
Moved to 5 .08.010.9(C)
CHAPTER 5.08
BILLING
Sections:
5.08.010
5.08.020
Billing Procedure
Billing Procedure -Local, State or Federal Agencies
5.08.010 Billing Procedure
5.08.010.1 Bills will be rendered monthly and shall be paid at the District office, by other
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payment options offered by the District, or at other locations designated by the District.
5.08.010.2 Failure to receive bills will not release customers from their payment obligation .
5.08.010.3 The due date for payment of bills will be 19 days after the day bills are mailed to
the customers.
5.08.010.4 Should the due date of bills fall on a Saturday, Sunday or District recognized
holiday, the bills will be due the following business day .
5.08.010.5 If at the time of billing , a customer has a previous balance, a late payment fee
will be charged at the rate established by the most recently adopted Miscellaneous Fee
Schedule
5.08.010.6 A fee will be charged to customers for each payment transaction returned for
reasons such as, but not limited to, non-sufficient funds, closed bank account, incorrect bank
account number or incorrect bank routing number. In the event a Notice to Comply is
delivered due to a returned item, a trip charge will be added to the customer's account.
Upon receipt of a second returned item in a trailing 12 month period, the account shall be
placed on a cash only basis . Refer to the Miscellaneous Fee Schedule for current charges
on returned items and trip charges.
5.08.010. 7 For customers with a hardship or other special extenuating circumstances ,
special financial counseling is available. When requested by a customer, the District may
arrange for a customer to pay the bill in installments.
5.08.010.8 In some instances, the District may install a power limiting device.
5.08.010.9 Monthly water billings for any existing water service, once activated, are to
continue in an owner's name or a qualified renter or tenant's name. Except for a disconnect
qualifying under Section 5.12.040.1 (E), billing will not be discontinued for a customer
requested disconnection, disconnections for non-payment or for repair of customer lines.
5.080.010.9(A) Monthly water billings for homes in foreclosure shall remain in the name of
the owner of record based on county records until such time as a bank , mortgage company
or new owner files a change in title or the customer provides evidence that they are no
longer the legal owner of the property. Once new ownership of the property is established ,
the water account will be transferred into the name listed on the county record as of the
property sale or transfer date .
5.080.010.9(8) Monthly electric and/or water billings for properties in the foreclosure process
or on a "short sale" may be transferred into the name of a realtor or property manager
provided the realtor/property manager completes a service application for said property and
meets the deposit and credit requirements established in Chapters 5.02 and 5.04. The
realtor/property manager will be required to put all services (electric and water) into their
name. Transfer/connection fees as established by the most recently adopted Miscellaneous
Fees Schedule shall apply.
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5.08.010.9(C) In the event a residential or commercial customer declares bankruptcy and
vacates the property, a new account will be opened as of the bankruptcy declaration date
and water billings will continue in that customer's name until a new property owner or
customer can be established. (Moved from 5.04.020.6)
5.08.010.1 O In the event of fire or other catastrophic event which makes a residence or
business uninhabitable, water billings will be waived for a maximum of 1 year from the date
the building becomes uninhabitable. Should the building become habitable prior to 1 year,
water billings will begin as of the date, determined by the District, that the building became
habitable . The District may begin billing for water within one year for any of the following
reasons:
Usage recorded by the water meter
Certificate of Occupancy issued
Sale/transfer to new customer
Mailing address change to residence
Information from customer/District personnel indicating occupancy
Electric usage indicates occupancy
5.080.010.1 O(A) Where a residence or business has been demolished specifically for
purpose of rebuild or remodel (not due to fire or other catastrophic event) water charges will
continue to be billed on a monthly basis.
5.08.010.11 Water billings for new construction of residential dwellings and commercial
properties shall begin on the day the water meter is installed. Meters will be installed based
on plans submitted by the owner, builder or developer. The District holds no responsibility
for the accuracy of these plans and cannot guarantee that the meters actually serve the
units described in these plans. Discrepancies shall be the responsibility of the owner,
5.08.020 Billing Procedure -Local, State or Federal Agencies Due to the cumbersome
procedures that are required of local, state and federal agencies to process their accounts
payable and the fact that their bills are paid monthly and the fact that the District has never
had a write-off for a local, state or federal agency, the following procedure will be followed:
5.08.020.1 All local, state and federal agencies will be exempt from late charges.
5.08.020.2 Collection notices will be mailed in a timely manner and collection procedures will
be followed as usual.
5.08.020.3 Should a local, state or federal agency reach the disconnect for non-payment
step in the collection procedure, the account will be referred to the Customer Services
Manager for special handling.
CHAPTER 5.09
OWNER/RENTER RESPONSIBILITIES -SERVICE TRANSFERS
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Section:
5.09.010 Owner/Renter Responsibilities
5.09.010 Owner/Renter Responsibilities
5 .09.010.1 Each person who signs the District's service application, and is accepted by the
District , becomes the District's customer and is individually responsible for all charges
regarding water and electric service provided to the requested service address .
5.09.010.1 (A) Services may be denied for the following reasons :
• Failure to provide qualifying photo ID or valid social security information for validation
• The District believes an account transfer is made to fraudulently avoid payment of a
prior balance
• The appl icant or other persons who are listed on the lease have failed to pay
balances on prior accounts
5 .09.010.2 Customers are responsible for making payments to the correct account number.
Failure to utilize the correct account number could result in late payment penalties and/or
collection activities on the unpaid account.
5.09.010.3 In the event a customer desires to transfer service into another person's name ,
such that the transferee is to become the District's customer, the transferee must make a
separate service application and post the appropriate deposit with the District. Written or
verbal notice by a customer that he or she desires to transfer service into another person's
name will not be recognized by the District , and that customer shall continue to be
individually responsible for all utility charges until such time as a new service application is
completed and accepted , and the appropriate deposit received .
5.09 .010.4 In the event a customer desires to terminate their responsibility for payment of
utility charges, they must personally request that the utility service be disconnected .
5.09.010.5 A property owner or his/her agent may authorize that service to their property be
continued (automatic transfer) in the event that the current customer requests service be
taken out of their name or be disconnected . The property owner or his/her agent shall
remain responsible for all utility service charges whether or not the tenant has vacated the
premises. Auto transfer customers must maintain good credit with the District in order to be
able to continue with this service .
5.09.010 .6 The District assumes no responsibility for enforcing or interpreting any agency or
rental agreement between its customers and their tenants or agents .
5.09.010.6 (A) Owners wishing to have service disconnected must make their request in
writing .
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5.09.010. 7 It is the customer 's responsibility to keep mailing and phone number information
up-to date . Failure to receive a bill or notices due to incorrect mail information does not
eliminate the customer's responsibility for payment.
5.09.010.8 It is the customer's responsibility to notify the District when their residential
status changes.
CHAPTER 5.12
DISCONNECTION AND RECONNECTION OF SERVICE
Sections:
5.12.010
5.12.020
5.12.040
5.12.050
5.12.060
Termination for Non-payment-Electric and/or Water Service
Customer's Request for Disconnection of Service -Electric
and/or Water
Disconnection of Electric and/or Water Service by District
Reconnection of Electric and/or Water Service
Customer's Responsibility when Electric and/or Water Service
is Disconnected
5.12.010 Termination for Non-payment-Electric and/or Water Service
5.12.010.1 A notice that service is subject to termination for non-payment will be by written
notification from the District. This notice will be printed and mailed after a bill is generated
that shows a previous balance on the account.
5.12.010.2 Written notice of termination (Late Payment Reminder Notice) shall be mailed by
first class mail to customer at least 15 calendar days prior to the scheduled date of
termination . This notice will also be mailed to a third party or a co-signer.
5.12.010.3 The Late Payment Reminder Notice will include:
5.12.010.3(A) The name and address of the customer whose account is delinquent.
5.12.010.3(8) The amount of the delinquency .
5.12.010.3(C) The date by which payment or arrangements for payment is required in order
to avoid termination.
5.12.010.3(D) The procedure by which the customer may initiate a complaint or request an
investigation concerning service or charges, except that, if the bill for service contains a
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description of that procedure, the notice pursuant to Section 5 .12 .010 .2 is not required to
contain that information .
5.12.010 .3(E) The procedure by which the customer may request amortization of the unpaid
charges.
5.12.010.3(F) The procedure for the customer to obtain information on the availability of
financial assistance, including private, local, state, or federal sources, if applicable.
5.12.010.3(G) The telephone number of a representative of the District who can provide
additional information or institute arrangements for payment.
5.12.010.4 The Final Notice of Termination of Service will include :
5.12.010.4(A) The District shall mail a 48-hour Final Notice ofTermination of Service to the
customer prior to disconnect. Additionally, the District shall make a reasonable , good faith
effort to contact an adult person residing at the premises of the customer by telephone or
personal contact. When telephone or personal contact cannot be accomplished, the District
shall post in a conspicuous location at the premises, a notice of termination of service, at
least 48 hours prior to termination. A trip charge to deliver the 48-hour Final Notice of
Termination of Service shall be added to the customer's account. Refer to the Miscellaneous
Fee Schedule for current charges . Every notice of termination of service shall include items
of information as listed in Sections 5 .12.010.3 (A), (B), (C), (F) and (G) above. The 48-hour
Final Notice of Termination of Service will also be mailed to third parties and co-signers.
5.12.010.4(8) The District shall make available to all its residential customers a third party
notification service whereby the District will attempt, to notify a person designated by the
customer to receive notification when the customer's account is past due and subject to
termination. The notification shall include information on what is required to prevent
termination of service. The residential customer shall make a request for third party
notification on a form provided by the District and shall include the written consent of the
designated third party. Such notification does not obligate the third party to pay the overdue
charges, nor shall it prevent or delay termination of service .
5.12.010.4(C) If the customer does not make a payment, notify the District of a dispute of a
bill , or make other arrangements acceptable to the District by the last day for the payment ,
the District will proceed on schedule with the termination .
5.12.010.4(C)(1) Customers will not be allowed to make more than two (2) WFittefl payment
agreements within a calendar year.
5.12.010.4(C)(2) Customers unable to make payment by the due date of their Final Notice
shall be allowed to review their account with a supervisor. Such review shall include
consideration of whether the customer should be permitted to amortize the unpaid balance
of his account over a reasonable period of time not to exceed 24 months. No termination of
service shall be effected for any customer complying with an amortization agreement, if the
customer also keeps the account current as charges accrue in each subsequent billing
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period .
If the customer does not comply with the amortization agreement, it will be considered non-
payment and the District will immediately mail a Final Notice ofTermination to the customer
and proceed with termination according to Section 5.12.010.4.
5.12.010.4(0) Payments made with uncollectible funds (i.e ., non-sufficient funds , closed
account, etc.) to avoid disconnection or in order to have service reconnected, will be
considered non-payment and the service shall be subject to immediate termination without
further notice . Customers who make payments with uncollectible funds to avoid
disconnection or in order to have service reconnected will be placed on a cash only basis for
a period of 12 months.
5.12 .010.4(E) The employee carrying out the termination procedure will attempt to contact
the customer at the service address prior to disconnecting service . A trip charge to
disconnect electric and/or water service(s) shall be added to the customer's account
regardless of whether or not the disconnect is actually performed . Refer to the
Miscellaneous Fee Schedule for current charges .
5.12.010.4 (E)(1) No payment arrangements will be made in the field . All payments must be
made through the District office either by phone or in person. Once a District employee is
sent to terminate a service, the service will be disconnected until such time as the customer
has made acceptable payment arrangements through the office.
5.12.010.4(F) Termination will not be made on any Saturday, Sunday, legal holiday or any
time during which the business office of the District is not open.
5.12.010.4(G) In case of tenants whose electric and/or water service is in the landlord's
name, the District shall make every good faith effort to inform the occupants by means of a
notice , when the account is in arrears , that service will be terminated in 1 O days. In any
such delinquent situation, the District will comply with California Public Utilities Code 16481
in implementing this termination of service procedure.
5.12.010.4(H) Customers who have been disconnected for non-payment, made payments
against uncollectible funds (i.e. non-sufficient funds, closed account, incorrect bank
information etc.) to avoid disconnection or to have service reconnected, have made
arrangements to amortize the amount due or have asked for an extension to pay a past due
amount, will be required to re-establish credit by paying the deposit required by Chapter
5.02 .
5.12.010.4 (I) A customer who transfers service from one account to another and fails to
pay his/her fina l bill within 30 days of the final billing date on the old account will be subject
to the disconnect procedure at his/her new account.
5.12.020 Customer's Request for Disconnection of Service -Electric and/or Water
5.12.020.1 The District shall permit a physical disconnection from the electric system when
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necessary (1) to permit the customer to perform repairs, modifications or service upgrades
on the customer premises or (2) when the customer wishes power to remain off for an
extended period.
5.12.020.2 The District shall permit a physical water disconnection {shut off at the water
box) on a temporary basis when necessary (1) to permit the customer to perform repairs,
modifications or service upgrades on the customer premises or (2) when the customer
premises is not equipped with an appropriate shut-off valve and physical disconnection is
necessary to avoid frozen water pipes. A physical disconnect shall not be permitted for any
other reason.
Customers may arrange for disconnection of service by giving advance notice to the District.
Customers will not be billed for electric service while disconnected.
5.12.020.3 Disconnect and/or reconnect fees will be charged based on the Miscellaneous
Fee Schedule for services performed under Section 5.12.050 Restoration of Electric and/or
Water Service.
5.12.040 Disconnection of Electric and/or Water Service by the District
5.12.040.1 With Notice The District may disconnect electric or water service for any one or
more of the reasons contained in this rule. Except as otherwise specifically provided here,
Public Utilities Code Sections 16481, 16482 and 16483 and any subsequent amendments,
shall apply regarding any disconnect of service. Except for a disconnect qualifying under
Section 5.12.040.2(E), water billings will continue.
5.12.040.1 (A) Non-payment of bills -the District may disconnect or refuse service if a
customer has not paid his/her bill for electric or water service rendered, reconnection
charges, and/or cash deposit as required by the District. Refer to Section 5.12.010.4
Termination for Non-Payment.
5.12 .040.1 (A)(1) Default on amortization or payment agreements -the District may
disconnect electric or water service if a customer has failed to meet the terms of said
agreement.
5.12.040.1 (B) Negligent or wasteful use of water, as determined by the District.
5.12.040.1 (CJ Where a customer receives electric and/or water service at more than one
location and the bill or charges for service at any one location is not paid prior to
delinquency, electric and/or water service at all locations may be disconnected.
5.12.040.1 (D) Failure to provide documents or payment as requested by a Notice to Comply.
Requested items may include, but are not limited to, service applications, signed payment
agreement and payment by cash or money order for an item returned by the bank .
5.12.040.2 Without Notice A customer's electric or water service may be disconnected by
the District without notice where:
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5.12.040.2(A) Unsafe/hazardous condition or illegal apparatus -the District may disconnect
electric and/or water service without notice or refuse service if any part of customer's wiring ,
piping or equipment or use thereof is either unsafe or in vio lation of law, until such apparatus
is placed in a safe condition or the violation remedied. Water billings will continue
regardless of the reason for disconnect.
5.12.040.2(8) Service detrimental or dangerous -the District may disconnect without notice
or refuse service if in the District's judgment, the operation of the customer's equipment is or
will be detrimental or dangerous to his/her own service or serv ice of other customers.
5.12.040.2(C) Fraud -the District may disconnect service without notice or refuse service, if
the customer's actions or the condition of his/her premises is such as to indicate intent to
defraud the District.
5.12.040.2(0) Cross Connection -the District finds a dangerous unprotected cross-
connection between the District's water supply and any unapproved source of water.
5.12.040 .2(E) Inactive and foreclosed accounts -So long as all three of the conditions
stated in 5.12.040 .2(E)(1) through 5.12.040 .2(E)(3) exist for a customer account, serv ice
may be disconnected and all future billings , including water, may discontinue. The District
may discontinue billing upon becoming aware of those three conditions , however, it is the
customer's responsibility to notify the District and provide sufficient evidence . Bills will not be
adjusted retroactively and no refunds will be issued. A reconnect fee equivalent to t ime and
materials may be charged at the time of reconnection.
5.12.040.2(E)(1) The customer's service location is in the process of foreclosure, as
evidenced by county records of a notice of default or notice of a trustee's sale .
5.12.040.2(E)(2) The service location is vacant and unoccupied.
5.12.040.2(E)(3) No electric and water use was recorded during the most recent billing
period.
5.12.040.2(F) Failure to comply with the District's rules -the District may disconnect or
refuse service if the customer does not comply with the District rules, regulations, and/or
codes for receiving electric and/or water service.
5.12.040.2(G) Abandoned building or residence -the District may disconnect or refuse
service to any building with the appearance of being abandoned (i .e ., a look of being
deserted, windows broken , doors in disrepair, or the general appearance of not being lived
in, etc). Such d isconnect will remain in effect until all conditions are met and fees are paid
regarding a new service , and the service is inspected and approved by the proper building
authorities .
5.12.040.2(H) Condemned building or residence -the District may disconnect or refuse
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service to any building that has been condemned by the proper state, county or
governmental authorities . Such disconnection will remain in effect until all conditions are
met and fees are paid regarding a new service , and the service is inspected and approved
by the proper building authorities .
5.12.040.3 In those instances where the District disconnects electric or water service to any
customer without notice , the Distri ct shall notify the customer of the reasons for the
disconnection of service and the corrective action to be taken by customer before service
can be reconnected .
5.12.050 Reconnection of Electric and/or Water Service
5.12.050.1 In those instances where the service to a customer has been disconnected , with
or without notice, servi ce shall not be re connected until such time as the customer has taken
any ne cessary corre ctive action , as determined by the District , and paid all bills and charges
due the District, in addition to reconnection charges as established in the current
Miscellaneous Fee Schedule.
5.12.050.1 (A) Accounts that have been disconnected for non -payment of past due balances ,
failure to meet the terms of a payment agreement or failure to meet the terms of a Notice to
Comply will not be eligible for reconnect on wee kends, holidays or after 4:00 p.m. on regular
business days. Arrangements to reconnect must be made through the business office
during regular business hours. Reconnection for accounts paid after 4 :00 p.m . will be
processed on the next business day.
5.12.050.1 (B) Upon reconnect of the electric meter, the main breaker will be left in the off
position to prevent possible damage to appliances . It is the customer's responsibility to
move the main breaker to the on position.
5.12.050.2 Customers or their agents may request reconnection of electric and/or water
services for a max imum 4 8 hour period in order to conduct inspections on a
residence/business for sale . This temporary reconnection shall require a minimum deposit
as prescribed in Chapter 5.02. New A ccount fees as established in the Miscellaneous Fees
Schedule shall also apply . Customers with ba lances owing shall also be required to pay the
entire balance owing prior to reconnect.
5.12 .050.2 Customers OF thei r agents may request reconnection ~(~_l~§.l!J9 __ ~fl~~-------i Commented [RWl]: Du p l i cate of above.
services for a maximum 48 hour period in order to conduct inspections o n a
residence/bus iness for sale . Th is temporary reconnecti on shall requ ire a minimum deposit
as-presGfffied in Chapter 5.02 . Mew Acceunt fees as establi shed in the Miscellaneous Fees
Schedu le sha ll also app ly. Customers wit h ba lances owing sha ll a lso be requ ired to pay the
entife-Bala™wing prior to recoAAOGh
5.12.050.3 Within five years , same size service: If service of the same size is re-established
within five years of the date of dis connect , the customer shall ma ke normal application for
service as per Title 6. 04 and/or Title 7 .12 and pay reconne ct fees based on the
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Miscellaneous Fee Schedule provided the service has not been damaged. If the service has
been damaged, the customer will be billed the actual cost to reconnect service.
5.12.050.4 Within five years, upgrade of service: If service is re-established within five years
of the date of disconnect and the customer requests an upgrade of the service, the customer
shall make normal application for service as per Title 6 .04 and/or Title 7.12. Customer shall
pay reconnect fees based on the Miscellaneous Fee Schedule provided the service has not
been damaged. If the service has been damaged, the customer will be billed the actual cost
to reconnect service . Additional connection fees may apply. Facilities fees shall be charged
for an increase in size of the new service when compared to the previous service.
5.12.050.5 After five years: If service is re-established after five years from the date of
disconnect, the customer shall make normal application for service as per Chapter 6.04
and/or Title 7.12. Customer shall be responsible for payment of current connection and
facilities fees. No credit will be given for previous facilities fees paid. The General Manager
is authorized to credit connection fees for existing and operational facilities.
5.12.050.6 If conditions require the use of a backhoe or other equipment to effect the
disconnect and/or reconnect, the customer shall be required to pay the actual charges,
including labor, material, equipment and applicable overheads in lieu of the customary fee
set forth in the Miscellaneous Fee Schedule.
5.12.050. 7 Should a customer decide to abandon the water service to a vacant parcel or to a
parcel where the residence/building has been demolished, the customer shall sign a
statement indicating their decision and agreeing that, should they or a new owner/developer
decide to reinstate the water service, they will be subject to paying any and all connection
and facilities fees in place at the time of reinstatement. These accounts will be treated as
new construction with no credits toward their prior fees . Where the water service has been
abandoned, the parcel will be assessed a water standby charge until a new service is
established with the District.
5.12.060 Customer's Responsibility when Electric and/or Water Service is
Disconnected In the event a customer's electric and/or water service is disconnected as a
result of voluntary termination, termination for failure to pay bills or any other reasons stated
in Sections 5.12.040.1 or 5.12.040.2, it shall be the customer's responsibility to take
necessary precautions against any and all damage to the customer's pipes, fixtures and
appliances which could result from such termination. The District shall not be liable for any
such damage.
Sections:
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CHAPTER 5.16
DISPUTES
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5.16.010
5.16.030
Disputed Bills -Electric or Water
Appeal
5.16.01 O Disputed Bills -Electric or Water
5.16 .010.1 A customer may request an investigation of their bill or request an extension of
the payment period of a bill asserted to be beyond the means of the customer to pay in full
during the normal period for payment. The request shall be reviewed by a manager of the
District. Billing disputes exclude routine questions about consumption or payment
agreements .
5 .16.010.1 A customer may request an investigation of their bill or request an extension of
the payment period of a bill asserted to be beyond the means of the customer to pay in full
during the normal period for payment. The request shall be reviewed by a manager of the
District. Billing disputes exclude routine questions about consumption or payment
agreements .
5.16.010.2 After notification that a dispute exists, the District shall make an appropriate
investigation and shall report the result to the customer within 1 O working days. The review
shall include consideration of whether the customer should be permitted to amortize the
unpaid balance of his account over a reasonable period of time not to exceed 24 months . No
termination of service shall be effected for any customer complying with an amortization
agreement, if the customer also keeps the account current as charges accrue in each
subsequent billing period .
If the customer does not comply with the amortization agreement, it will be considered non-
payment and the District will immediately mail a Final Notice to the customer and proceed
with termination according to Section 5.12.010.4(A) through (I) above.
No termination of service shall occur as a result of non-payment during a pending
investigation of a customer dispute or complaint.
5.16.030 Appeals
5.16.030.1 Any applicant or customer who is dissatisfied with any determination made
under these rules, may at any time within 30 days after such determination is made, appeal
to the Board of Directors of the District by giving written notice to the Clerk of the District
setting forth the matter upon which appeal is sought.
5.16.030.2 The General Manager shall then conduct an investigation and develop a staff
report on the disputed matter.
5.16.030.3 At the next regular Board meeting, the General Manager shall agendize an action
item concerning this appeal and the results of the investigation . The Board shall make a
determination of the appeal during the Board meeting, and its determination shall be final
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and conclusive .
5.16.030.4 Pending a decision pursuant to an appeal under this rule, regarding any dispute
concerning amounts for charges, the customer taking such appeal shall pay the full amount
of the charges which shall be deemed paid under protest. Any charge or amount previously
paid under protest will be refunded if the Board of Directors determines that the charge was
wrongfully made.
5.16.030.5 A copy of the above investigation and appeal procedures is available at the
Customer Services counter or on the District's website .
Sections:
5.20.010
5.20.020
5.20 .030
5.20.040
5 .20 .050
5.20.060
CHAPTER 5.20
ELECTRIC FEES AND CHARGES
Connection Fees -Temporary Service
Connection Fees -Permanent Service
Connection Fees -Permanent Service, Multiple (Single and
Three Phase)
Facilities Fees -Moved to Section 5.26
Miscellaneous Service Fees
Expiration of Fees
5.20.010 Connection Fees -Temporary Service The District will provide two types of
temporary service; one which will be removed and not become permanent, and one which
will become a permanent service .
5.20.010.1 Temporary service-The actual cost of temporary service installation (which will
not result in a permanent electric service) and subsequent removal will include the material,
labor, equ ipment, overhead, administrative costs and account set-up fees. The charge to be
paid is a flat charge and is included in the most recent ordinance approved by the Board of
Directors entitled "Electric Connection and Facilities Fees Charges ". The applicant will be
required to pay the fee prior to the provision of service .
5.20.010.2 Temporary service for construction purposes The connection fee for temporary
service (which will result in a permanent electric service) is a charge determined by the
District to establish service to a temporary power pole for construction purposes which will
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later be converted to a permanent service. The connection fee for this temporary to
permanent connection is a flat charge and is included in the most recent ordinance
approved by the Board of Directors entitled "Amending the Electric Connection Charges".
This fee includes, but is not limited to , the cost of material , labor, equipment , overhead ,
meter, transformer, overhead conductor, permanent overhead/underground connection
transfer, administrative costs and account set-up fees. See Chapter 7 .20.010 for further
detail.
5.20.020 Connection Fees -Permanent Service The connection fee is a charge
determined by the District to establish a new service . It includes , but is not limited to, the
costs of material, labor, equipment , overhead, administrative costs and account set-up fees
to provide the service conductor and cable , metering , a proportionate share of the
transformer costs , and the account set-up costs . The charge to be paid is included in the
most recent ordinance approved by the Board of Directors entitled "Electric Connection and
Facilities Fees Charges".
5.20.030 Connection Fees -Permanent Service, Multiple (Single and Three Phase) In
the event that a service requires multiple metering, the original service will be governed by
the connection fees for a permanent service . Subsequent connections made from the same
service drop will be subject to the metering and account set-up costs in addition to the
facilities fees if applicable.
5.20.050 Miscellaneous Service Fees Any customer requesting work for their sole
convenience that is to be performed by the District, will be charged the actual cost of the
service performed including material, labor, equipment, overhead , administrative costs and
any appropriate facilities fees unless a flat fee has been established to provide the service
(see Appendix E -Electric Connection & Fee Schedule).
5.20.060 Expiration of Fees Electric connection fees paid shall be effective for a period of
two years from the date of application. Applicant shall be subject to payment of increased
connection fees if the connection has not been made within two years of the date of
application .
Sections:
5.24.010
5.24.020
5.24.030
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CHAPTER 5.24
ELECTRIC RA TES
Domestic Electric Rate Schedules -Permanent
(P10) and Non-Permanent Residents (S10)
Commercial Electric Rate Schedule -Small (15)
Commercial Electric Rate Schedules -Medium (20)
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Page 140 of 161
and Large (25)
Miscellaneous Services 5.24.040
5.24.050 District-Owned Plug-In Electric Vehicle (PEVl Public Access
Charging Station End-User Rates
Electric Rates Determination of the applicable rate is at the sole discretion of the District
and is based on the following sections in this chapter.
5.24.010 Domestic Electric Rate Schedules -Permanent (P10) and Non-Permanent
Residents (S10)
5.24.010.1 Electric rates as shown in Electric Retail Rates -Permanent (P10) and Non-
Permanent (S10) shall be charged to all domestic (residential) customers.
5.24.010.2 An energy surcharge shall continue to be added to each bill as required by
California law.
5.24.010.3 Permanent (P 10) Rate -The permanent resident rate is currently billed to those
customers who occupy their homes on a full-time basis.
5.24.010.4 Non-Permanent (S 10) Rate -The non-permanent resident rate is billed to those
customers who occupy their homes on a part time basis for vacations , weekends, ski leases,
etc.
5.24.010.5 Determination of the applicable rate is at the sole discretion of the District.
Customers requesting the permanent resident rate will be required to provide sufficient
evidence documenting that they are a full-time resident of the District.
5.24.010.6 It is the customer's responsibility to notify the District and provide sufficient
evidence documenting that they are a permanent resident per Section 5.24.010.3. The
effective date of the change in rate from non-permanent to permanent will be the date the
customer provides sufficient evidence that they are a permanent resident. No refunds will
be issued .
5.24.010. 7 In the event an error has been made by the District resulting in an account being
billed on an incorrect rate , the District will refund to the customer the overcharge back to the
date such error occurred .
5.24.020 Commercial Electric Rate Schedule Small (15)
5.24 .020.1 Electric rates as shown in "Electric Retail Rates -Small Commercial Rates (15)"
shall be charged to all commercial customers with a monthly demand of less than 50
kilowatts .
5 .24.020 .2 An energy surcharge shall continue to be added to each bill as required by
California law.
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5.24.030 Commercial Electric Rate Schedules Medium (20) and Large (25)
5.24.030.1 This policy shall be applicable to commercial seNice requirements within the
District including power and lighting taken at one point of delivery with 50 kilowatts or more
of demand . Medium commercial seNice is that seNice with monthly demand of 50 kilowatts
or more and less than 200 kilowatts. Large commercial seNice is that seNice with monthly
demand of 200 kilowatts or more.
5.24.030.2 Character of seNice -si xty-hertz alternating current. The District reseNes the
right to specify the voltage and phase of seNice supplied under this schedule.
5.24.030.3 Monthly rates shall be as set forth in "Electric Retail Rates -Medium Commercial
Rates (20) and Large Commercial Rates (25)".
5.24.030.4 Measured demand -the ma ximum measured 15 minutes average kilowatt load
during the billing period . If, at the discretion of the District , the customer's usage is
intermittent or highly fluctuating, then a shorter time inteNal may be used.
5.24.030.5 Billing demand shall be the current period's measured demand.
5.24.030.6 An energy surcharge shall continue to be added to each bill as required by
California law.
The above rates are set by ordinance approved by the Board of Directors and can be found
in Appendi x G -Electric Retail Rates & Solar Initiative Customer Charge .
5.24.030.7 Terms of seNice SeNice under th is schedule is subject to the District's rules,
regulations and codes for receiving electric seNice .
5.24.040 Miscellaneous Services Fees and charges for miscellaneous seNices performed
by the District are defined in the most recent Miscellaneous Fee Schedule .
5 .24.050 District-Owned Plug-In Electric Vehicle (PEV) Public Access Charging Station
End-User Rates
5.24.050.1 End-User Rates End-user rates as shown in ~'District-Owned Plug-In Electric
Vehicle Public Access Charging Station End User Rates' -~h9J!_b~~~-~rn_~_tj_t()_f'.~Y'-~s_!?r~-~hQ ______ _
choose to charge at District-owned stations .
5.24.050.2 Payment Payment by PEV end -users will be made at the time of public access
charging and will be via third-part payment system located at the District-owned PEV Public
Access Charging Station .
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CHAPTER 5.26
Title 5 , Customer
Commented [SP2]: I 'm following the format for
above electric rates here and assume these
ordinances are in the Appendix. Of course, we
do not yet have t he rate/ordinance ....
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ELECTRIC AND WATER FACILITIES FEES
Sections:
5.26.010 Facilities Fees
5.26.020 Expiration of Fees
5.26.01 O Facilities Fees
5.26.010.1 Legislative Findings
5 .26.010.1 (A) The District must expand its water and electric facilities in order to maintain
current standards of public health if new development is to be accommodated without
decreasing current standards of public health.
5.26.010.1 (B) The imposition of facilities fees is one of the preferred methods of ensuring
that development bears a proportionate share of the cost of water and electric facilities
necessary to accommodate such development. This must be done in order to promote and
protect the public health, safety and welfare.
5.26.010.1 (C) Connecting to the District water and/or electric system will create a need for
the construction , equipping or ex pansion of water and electric facilities.
5.26.010.1 (D) The fees established by Section 5 .26 .010 . 7 are derived from , are based upon
and do not exceed the costs of providing additional water and electric facilities necessitated
by the connection to the District's water and electric systems .
5.26.010.1 (E) The report entitled "Water System Master Plan " sets forth a reasonable
method and analysis for the determination of the impact of new development on the need for
and costs for additional water facilities within the District.
5.26.010.1 (F) The report entitled "Electric System Master Plan" sets forth a reasonable
method and analysis for the determination of the impact of new development on the need for
and costs for additional electric facilities within the District.
5.26.010.2 Short Title , Authority and Applicability
5.26.010.2(A) The adopting ordinance (No . 8903) shall be known and may be cited as the
"Truckee Donner Public Utility District Water and Electric Facilities Fee Ordinance ."
5.26.010.2(8) The Board of Directors of the District adopted the ordinance pursuant to the
Public Utility District Act within the Public Utilities Code of the State of California .
5.26.010.2(C) The rules included herein which were adopted by ordinance shall apply within
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the boundaries of the District to parcels served by the District water and/or electric systems .
5.26.010.3 Intents and Purposes
5.26.010.3(A) These rules are intended to assist in the implementation of the District Master
Plans.
5.26.010.3(8) The purpose of these rules is to assure that new development bears a
proportionate share of the cost of capital expenditures necessary to provide water and
electric facilities within the District service area .
5.026.010.4 Rules of Construction
5.26.010.4(A) These provisions shall be liberally construed so as to effectively carry out their
purpose in the interest of the public health, safety and welfare.
5 .26.010.4(8) For the purposes of administration and enforcement of this code, unless
otherwise stated in this code, the following rules of construction shall apply to the text of this
code :
• In case of any difference of meaning or implication between the text of this code and any
caption, illustration , summary table or illustrative table , the text shall control.
• The word "shall" is always mandatory and not discretionary ; the word "may" is
permissive.
• Words used in the present tense shall include the future; and words used in the singular
number shall include the plural and the plural the singular, unless the context clearly
indicates the contrary.
• The phrase "used for" includes "arranged for'', "designed for", "maintained for", or
"occupied for".
• The word "person" includes an individual, a corporation , a partnership, an incorporated
association or any other similar entity.
• Unless the context clearly indicates the contrary, where a regulation involves two (2) or
more items, conditions, provisions, or events connected by the conjunction "and", "or" or
"either. .. or'', the conjunction shall be interpreted as follows :
• "And " indicates that all the connected terms, conditions, provisions or events shall apply.
• "Or" indicates that the connected items, conditions, provisions or events may apply singly
or in any combination.
• "Either ... or" indicates that the connected items, conditions, provisions or events shall
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apply singly but not in combination .
• The word "includes" shall not limit a term to the specific example but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
• "General Manager'' means the General Manager of the District or the District
representative that he/she may designate to carry out the administration of this code.
5.26.010.5 Definitions
• "Capital Equipment" is equipment with an expected use life of two years or more.
• "Connection to the Water and/or Electric System" is the physical connect of a building,
structure or use of land to the District's water and/or electric lines, no matter if such
connection is made through or by intermediate lines .
• "Electric Facilities" are defined as the individual distinct components within the electric
system such as transformers, poles, cable and conductor.
• "Electric System" is defined as the integrated network that distributes electricity
throughout the District to its customers.
• "Applicant" is a person applying for connection to the District's water and/or electric
system.
• "Water Facilities" are defined as the individual distinct components within the system
such as a source, storage tank, disinfection equipment, booster pump station or pipeline.
• "Water System" is defined as the integrated network that supplies, disinfects, transmits,
stores and distributes water throughout the District to its customers.
5.26.010.6 Imposition of Water and Electric Facilities Fees
5.26.010.6(A) When computing a fee pursuant to this code, the District shall prepare and
retain a written memorandum containing the following information :
• Identify the purpose of the fee.
• Identify the use of the fee. If the use is financing public facilities, the facilities shall be
identified. The identification may, but need not, be made by reference to a capital
improvement plan, may be made in applicable general or specific plan requirements, or
may be made in other public documents that identify the public facilities for which the fee
is charged.
• Determine how there is a reasonable relationship between the fee's use and the type of
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development project on which the fee is imposed .
• Determine how there is a reasonable relationship between the need for the public facility
and the type of development project on which the fee is imposed.
• Determine how there is a reasonable relationship between the amount of the fee and the
cost of the public facility or portion of the public facility attributable to the development on
which the fee is imposed.
5 .26.010.6(8) Any person who, after the effective date of this code seeks to connect to the
District water system is hereby required to pay a water facilities fee in the manner and
amount set forth in this code.
5.26.010.6(C) Any person who, after the effective date of this code seeks to connect to the
District electric system is hereby required to pay an electric facilities fee in the manner and
amount set forth in this code .
5.26.010. 7 Computation of the Amount of Water and Electric Facilities Fees
5.26.010. 7(A) When computing a fee pursuant to this code, the District shall prepare and
retain a written memorandum containing the following information:
• Identify the purpose of the fee.
• Identify the use of the fee . If the use is financing public facilities , the facilities shall be
identified. The identification may, but need not, be made by reference to a capital
improvement plan, may be made in applicable general or specific plan requirements, or
may be made in other public documents that identify the public facilities for which the fee
is charged .
• Determine how there is a reasonable relationship between the fee's use and the type of
development project on which the fee is imposed.
• Determine how there is a reasonable relationship between the need for the public facility
and the type of development project on which the fee is imposed.
• Determine how there is a reasonable relationship between the amount of the fee and the
cost of the public facility or portion of the public facility attributable to the development on
which the fee is imposed.
5.26 .010. 7(8) At the option of the applicant, the amount of the water and/or electric facilities
fee may be determined by the District's facilities fee schedules in effect at the time of
appl ication.
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5.26.010. 7(C) In the case of change of use, redevelopment or expansion or modification of
an ex isting use which requires a new, replacement, or additional connection to the District's
water system, the facilities fee shall be based upon the net increase in the size of the meter
for the new connection over the size of the meter for the previous connection .
5.26.010. 7(0) In the case of change of use , redevelopment , or expansion or modification of
an existing use which requires a new, replacement or additional connection to the District's
electric system , the facilities fee shall be based upon the net increase in the amperage and
voltage of the electrical panel for the new connection over the amperage and voltage of the
previous electrical panel.
5.26.010.8 Payment of Fee
5.26.010.8(A) The applicant shall pay the water and electric facilities fee required by this
code to the General Manager or his designee at the time of application to the District 's water
and/or electric system.
5.26.010.8(8) All funds collected shall be properly identified by and promptly transferred for
deposit in the appropriate Water and Electric Facilities Fee Restricted Fund to be held in
separate accounts as determined in Section 5 .26.010 .10 of this code and used solely for the
purposes specified in this code .
5.26.010.9 Water and Electric Facilities Fees Restricted Funds Established
5 .26.010.9(A) There are hereby established two (2) separate Facilities Fee Restricted
Funds: (1) the Water Facilities Fee Restricted Fund and (2) the Electric Facilities Fee
Restricted Fund .
5.26.010.9(8) Funds withdrawn from these accounts must be used in accordance with the
provisions of Section 5 .26 .010.10 of this code .
5.26 .010.1 O Use of Funds
5.26.010.1 O(A) Funds collected from water and electric facilities fees shall be used solely for
the purpose of acquiring , equipping and/or making capital improvements to water and
electric facilities under the jurisdiction of the District and shall not be used for maintenance
or operations.
5.26.010.10(8) Funds from the Water Facilities Fee Restricted Fund may only be used for
water facilities purposes and funds from the Electric Facilities Fee Restricted Fund may only
be used for electric facilities purposes . Funds shall be expended in the order in which they
are collected .
5.26.010.1 O(C) In the event that bonds or similar debt instruments are issued for advanced
provision of capital facilities for which water and electric facilities fees may be expended,
facilities fees may be used to pay debt service on such bonds or similar debt instruments to
the extent that the facilities provided are of the type described in Sections 5 .26.010.10 A and
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B above.)
5.26.010.1 O(D) At least once every two years, the General Manager shall present to the
Board of Directors a proposed capital improvement program for water and electric facilities,
assigning funds, including any accrued interest, from the Water and Electric Facilities Fee
Restricted Funds to specific water and electric facilities improvement projects and related
expenses . Monies, including any accrued interest, not assigned in any fiscal period shall be
retained in the same Water and Electric Facilities Fee Restricted Funds until the next fiscal
period except as provided by the refund provisions of this code.
5.26.010.1 O(E) Funds may be used to provide refunds as described in Section 5.26.010.11 .
5.26.010.1 O(F) Funds may be used to rebate developer costs for providing water and/or
electric capital facilities in excess of the capacity required to the individual developer making
the provision . Any rebates must be pursuant to a refunding agreement between the
developer and the District after the effective date of this code . Prior refunding agreements
may be re-negotiated in order to bring such agreements into accord with the provisions of
this code .
5 .26.010.11 Refund or Encumbrance of Fees Paid
5 .26.010.11 (A) Any funds not expended or encumbered by the end of the calendar quarter
immediately following five (5) years from the date the water and/or electric facilities fee was
paid shall, upon application of the then current landowner, be returned to such landowner,
provided that the landowner submits an application for a refund to the General Manager of
the District within one hundred eighty (180) days of the ex piration of the five (5) year period .
5.26.010.11 (B) The District may , however, encumber funds prior to the end of the calendar
quarter immediately following five (5) years from the date the water and/or electric facilities
fee was paid. The District may make determinations that , in the interest of proper system
ex pansion, and in order not to replicate facilities , funds may be held in excess of five (5)
years. Once said determinations are made , the District shall thereafter review said
determinations on an annual basis .
5.26.010.12 Exemptions and Credits
5 .26.010 .12(A) The following shall be exempted from payment of the facilities fee:
• Alterations or expansion of an existing building where no additional or larger water
connections are requested and where the use is not c hanged .
• Alterations or ex pansion of an existing building where no additional or greater capacity
electrical panels are requested and where the use is not changed.
• The replacement of a building or structure with a new building or structure of the same
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size and use where no additional or larger water connections are requested and where
the use is not changed.
• The replacement of a bu ilding or structure with a new building or structure of the same
size and use where no additional or greater capacity electrical panels are requested and
where the use is not changed.
Any claim of exemption must be made no later than the time of application for connection to
the District's water and/or electric system. While it is inherently the applicant's responsibility
to claim an exemption, the District will make every effort to notify the applicant if he is
subject to an exemption.
5.26.010.13 Review
5.26.010.13(A) The fees contained in Section 5.26.010.7 shall be reviewed by the Board of
Directors every budget cycle and after the completion of a master plan (ref 3.01 .01.1 ).
5.26.010.14 Enforcement Provision
5.26.010.14(A) The District shall have the power to sue in civil court to enforce the
provisions of this code.
5.26.010.15 Severability
5.26.010.15(A) If any section, phrase , sentence or portion of this code is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
5.26.010.16 Conflict
5.26.010.16(A) In the event of any conflict between this code and state law, including
Government Code Sections 66000-66009 , state law shall control.
5.26.010.17 Effective Date
5.26.010.17(A) This code became effective on December 6 , 1989.
5.26.020 Expiration of Fees Facilities Fees paid will be effective for a period of five years
from the date of application. Applicant may be subject to payment of increased fees if the
connection has not been made within the specified time period.
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CHAPTER 5.28
WATER FEES AND CHARGES
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Sections:
5.28.010
5.28.020
5.28.030
Connection, Tapping and Facilities Fees
Miscellaneous Service Fees
Expiration of Fees
5.28 .010 Connection, Taooina and Facilities Fees All applicants for water service are
subject to three charges when applicable: a connection fee , tapping fee , and a facilities fee,
in accordance with the current Water Connection and Facilities Fee ordinances as
established by the Board of Directors.
5.28.010.1 Connection Fee The connection fee is a charge made by the District to
establish a new service . It includes , but is not limited to, the costs of material, labor,
equipment , overhead , administrative costs and account set-up fees.
5.28 .010.2 Tapping Fee The tapping fee is a charge made by the District based upon the
actual costs including material, labor, equipment , overhead and administrative costs to
provide an applicant's service lateral pipe and connect it to the District's water mains.
5.28.010 .3 Facilities Fee The facilities fee is a charge made by the District to cover the
applicant's pro rata share of the cost of the existing supply facilities and any expansions or
additions thereof which are requ ired to serve the applicant. The cost of future source and
storage facilities shall be included in the facilities fee in order to maintain an equitable
distribution of benefits received between present and future service connections .
5.28.020 Miscellaneous Service Fees Any customer requesting work for their sole
convenience to be performed by the District , will be charged the actual cost of the service
performed , including material , labor , equipment , overhead , administrative costs and any
appropriate facilities fees unless a flat fee has been established to provide the service (see -
Appendix H -Water Connection & Fee Schedule).
5.28.030 Expiration of Fees Water Connection Fees paid will be effective for a period of
two years from the date of application . Applicant may be subject to payment of increased
fees if the connection has not been made within the specified time period .
Sections:
5.32.010
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District Goal
CHAPTER 5.32
WATER RATES
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5.32.011
5.32.020
5.32.030
5.32.040
Residential Water Rates
Commercial Water Rates
Terms of Service
Miscellaneous Services
5.32.010 District Goal It is the District's goal that all customers are equipped with a water
meter and billed volumetrically based upon their usage . It is the District's intent to install
water meters on all water services and to transition to metered rates by January 1, 2013.
5 .32.011 Water Rates Determination of the applicable rate is at the sole discretion of the
District and is based on the following sections in this chapter.
5 .32.011 .01 Residential Water Rates
5.32.011.01 (A) Metered Water Rates The Domestic Water Rates for single family
properties, individual condominium units and townhouse units equipped with a meter shall
consist of three components, a base charge , a commodity charge and a pump zone charge .
5.32.011.01 (B) Un metered Water Rates -The Domestic Water Rate for single family
properties , individual condominium units and townhouse units not equipped with a meter
shall consist of a fi xed monthly rate and the appropriate zonal pumping costs .
5.32.020 Commercial Water Rates Commercial Water Rates for all other multiple dwelling
units , trailer parks , public use, dedicated irrigation , single family properties with meters
greater than 1" in size and other commercial establishments shall consist of three
components, a base charge, a commodity charge and a pump zone charge .
These water rates are set by ordinance approved by the Board of Directors and can be
found in Appendi x J -Water Rates .
5.32.030 Terms of Service Service under this schedule is subject to the District's rules,
regulations and codes for receiving water service .
5.32.040 Miscellaneous Services Fees and charges for miscellaneous services
performed by the District are defined in the most recent Miscellaneous Fee Schedule .
Sections:
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CHAPTER 5.36
INFORMATION AVAILABLE TO THE PUBLIC
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Page 151 of 161
5.36.010
5.36.020
General Information
Electric Rate Information
5.36.010 General Information
5.36.010.1 General information It is the intent of the District to follow State and Federal
regulations regarding public information. The District maintains at its offices , pertinent
information regarding electric and/or water service includ ing :
5.36.010.1 (A) Characteristics of electric and/or water source and service;
5.36.010.1 (B) Policies -Copies of these policies , service area maps, and forms of contracts
and applications relative to electric and/or water service ;
5.36 .010.1 (C) Rates -Copies of the rates and fees for electric and/or water service.
5.36.010.2 Upon request , a customer will receive a statement of such customer's monthly
kWh consumption or gallons of water consumed if the service is metered for the prior twelve
month period . There is no charge for this service .
5.36.010.3 Requests for information may be made in person at the District office, fa x, e-mail
or by mail.
Information Available to the Public
5.36.010.4 Formal Requests of Public Records It is the District's policy to provide all
members of the public access to its records and to promptly make the fullest possible
disclosure of its records in accordance with the California Public Records Act. "Public
records" include any writing containing information relating to the conduct of the public's
business prepared, owned, used or retained by District regardless of the manner in which
the record has been stored. Requests to inspect or to obtain a copy of a public record should
be made in writing to the Deputy District Clerk at Truckee Donner Public Utility District ,
11570 Donner Pass Road, Truckee, CA 96161 and a term will be se nt to the requeste r .
The Distri ct has the dis cretion not to dis~o-Aot-tfualify tor a specific
exe mption under the Public Reco rds Act if it determines that the publi c interest served by not
making the re cord public clearly out\ve ighs the public interest served by disclosure , pursuant
to--GovefR.meRtde Section 62 55 . The District's determination to disclose a parti cu la r
record , which may otherwise be exempt f rom disclosure , do es not constitute a waiver w ith
respect to any-etfier reco rds . The requestor-will-be-fohlied if a determination--is--maee-to
deny access to records , and why it is denied.
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~e processed in compliance with the Publi&-ReGGFtls----Act California
Government Code Section 6253 . Upon a request for a copy or inspection of records, the
District shall , within 10 days from receipt of the request, determine whether the request , in
whole or in part, will be made available and shall promptly notify the requester of the
determination and the reasons therefore. In certain circumstances , the time limit prescribed
ifl--tl::H&-sestien--may-be extended by written notice to th8-J**>oo-makifl9-tfle request, settin§
forth the reasons for the extension and the date on which a determination is expected to be
dispatched . The California Puelic-Records Act provides that copies of records will be made
available upon payment of fees that cover the direct costs of duplication . See the
Miscellaneous Fee Schedule .
Files may be reviewed at Truckee Donner Public Utility District during normal business
hours. Persons interested in reviewing or obtaining copies of public records are encouraged
to make an appointment in advance . Persons with disabilities who require accommodation
for obtaining access to District public records should notify the District of their
accommodation needs in their written request.
5.36.020 Rate Information Upon request , the District will inform each applicant for service
of the applicable rate schedules. Rate change information will also be advertised in a
newspaper of general circulation and will be posted on the District's website .
Sections:
5.37.010
5.37.020
5.37.030
CHAPTER 5.37
PUBLIC OUTREACH POLICY
Policy Statement
Definition of Important Issues
Method of Public Communication
5.37.010 Policy Statement It is the policy of the District to promote open communication
with the customers of the District on issues of importance appearing on the agenda of the
Board of Directors . To further this policy, there is hereby established a process by which the
District shall initiate contact, informing the community of important issues that are appearing
before the Board of Directors. This outreach shall occur early enough to permit thorough
discussion of the issue prior to the Board taking formal action.
5.37.020 Definition of Important Issues Important issues are those that involve changes
in monthly water and electric user charges , changes in the Miscellaneous Fees Schedule,
changes in connection fees, changes in facilities fees , and changes in regulations covering
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new and retrofit residential and commercial constru ction . Changes in monthly water and
electric user charges , changes in the Miscellaneous Fees Schedule or changes in
connection fees shall normally occur as part of the Board budget discussion prior to adoption
of the budget. Changes in facility fees shall normally occur as part of the five year
Water/Electric Maste r Plan review or when the local General Plans are revised . Facility fee
increases due to inflation , not result ing from District Master Plan or local General Plan
review, shall be discussed as part of the Board budget sessions prior to adoption of the
budget. Other issues will arise from time to time that are difficult to enumerate in this policy
statement. Such issues shall be considered as important issues falling under the purview of
this policy based on a review by the General Manager of the circumstances involved and the
persons who may be impacted by adoption of the proposed action . Additionally , the Board
of Directors may, by action at a board meeting , determine that an issue coming before it is
an important issue falling under the purview of this policy .
5.37.030 Method of Public Commun ication The method of initial communication to the
public will vary based on the kind of issue being discussed .
5.37.030.1 With respect to the consideration of changes of the monthly water and electric
user charges or changes in the Miscellaneous Fees Schedule , a notice shall be printed on
the utility bill going to customers of the District and a display ad noti ce shall be placed in a
newspaper of general circulation in the District. These changes are generally associated
with preparation and adoption of the District's annual or semi-annual budget.
5.37.030.2 With respect to the consideration of changes in water and electric connection
charges or facilities fees (usually associated with adoption of the Distri ct's annual or semi -
annual budget) or changes in regulations covering new and retrofit residential and
commercial construction, a notice shall be sent by mail , fa x or e-mail to the District
stakeholders.
5.37.030.3 With respe ct to other important issues so designated by the General Manager or
the Board of Directors , the method of initial communication shall be determined on a case by
case basis.
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CHAPTER 5.38
Title 5, Customer
Page 154 of 161
Sections:
5.38 .010
5.38.020
5.38.030
5.38.040
5.38.050
PUBLIC INFORMATION PROGRAM
General Information
Items Covered by Program
Program Funding
Review and Approval of Program
Status of Program
5.38.010 General Information
5.38.010.1 The Public Information and Conservation Manager is the primary spokesperson
for the District regarding public information .
5.38.010.2 The Public Information and Conservation Manager will develop, monitor and
review an annual public information program with input from the General Manager and
Board .
5.38.020 Items Covered by Program
5 .38.020.1 The public information program developed by the Public Information and
Conservation Manager will cover such matters as:
5.38.020.1 (A) The District's mission , goals, services, activities , achievements, costs and
plans .
5.38.020.1 (8) Informing the community about major issues involving the water and electric
industries which may impact the customers of the District.
5.38.020.1 (C) Strategies for dealing effectively with the public's need to be informed about
specific and timely issues as they arise .
5.38.030 Program Funding The annual or semi-annual District budget will reflect funding
for the public information program .
5.38.040 Review and Approval of Program The annual public information program will be
submitted to the Board for review and approval.
5.38.050 Status of Program The Public Information and Conservation Manager will report
to the Board periodically regarding the status of the program .
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Sections:
5.39.010
5.39.020
PUBLIC BENEFITS PROGRAM
Development of Annual Public Benefits Program
Criteria for Annual Public Benefits Program
5.39.010 Development of Annual Public Benefits Program It is the policy of the District
that a public benefits program be developed each year as part of the annual operating
budget and that it be submitted to the Board for review, revision and adoption and be
agendized as a separate item for discussion.
5.39.020 Criteria for Annual Public Benefits Program The General Manager or his
designee shall annually prepare a draft public benefits program meeting the following
criteria :
5.39.020.1 Each specific element of the program shall promote one or more of the following
benefits: conservation of energy; the use of renewable energy resources; research,
development or demonstration of a new electric energy technology; assistance to low-
income persons .
5.39.020.2 Additionally , the program shall be designed to benefit the ma ximum number of
persons, give a high priority to energy conservation, assistance to low-income persons .
5.39.020.3 The program shall be simple to administer and shall promote direct contact
between the District and its customers .
CHAPTER 5.40
COMPLAINT PROCEDURE
Section:
5.40.010 Customer Complaint Procedure
5.40.010 Customer Complaint Procedure
5.40.010.1 Complaints will be logged by the Customer Services Department. Formal billing
disputes as defined in Section 5.16.010 .1 will be logged as a complaint.
5.40.010.2 Appropriate documents, pertaining to the complaint shall be given to the
Customer Services Manager and the Customer Services Manager will distribute the
complaints to the appropriate department heads for resolution .
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5.40.010.3 When the necessary work has been completed or the necessary action has been
taken in order to satisfy the complaint, the log will be marked with the date of resolution and
the steps taken for resolution of the complaint.
5.40.010.4 At least annually, the complaint log with a summary will be distributed to the
General Manager for review. This list will contain complaint, the date of the complaint, the
resolution , and the date it was resolved .
5.40.010.5 The following items will be treated as service requests requiring immediate
attention to be resolved and are not considered to be complaints unless the customer has
repeatedly reported the problem with no resolution:
5.40.010.6(A) Water Department -water leaks, water outages , bad water, major changes in
water pressure, broken water boxes in traffic flow (foot or vehicle).
5.40.010.6(8) Electric Department -outages , downed wires or poles , sparking wires ,
extremely low voltage , trees across lines.
5.40.010 .6(C) Any situation that could be a potential threat to public safety.
CHAPTER 5.44
NOTICES
Sections:
5.44.010
5.44.020
Notice to Customers
Notice from Customers
5.44.010 Notice to Customers
5.44.010.1 Notice to customers
5.44.010.1 (A) Written -Notice to a customer will normally be in writing and will be delivered
or mailed to the customer's last known address , or to the address listed on the application .
5.44.010.1 (B) Unwritten -In emergencies , or after appropriate circumstances, the District
shall attempt to promptly notify the customers affected, and may make such notification by
any means reasonably calculated to reach the customer.
5.44.020 Notice from Customers Notice from a customer to the District may be given
personally by the customer or his authorized representative, either orally or in writing at the
District's operating office or to an agent of the District duly authorized to receive notices or
complaints.
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CHAPTER 5.48
PAYBACKS
Section:
5.48.010 Line Extension Paybacks
5.48.010 Line Extension Paybacks
5.48.010.1 Any payback in the amount of $10,000 or less is to be handled routinely by staff
upon review and approval by the department head .
5.48.010.2 Payback amounts above $10,000 are to be handled by staff upon review and
approval by the department head and the General Manager.
CHAPTER 5.53
ANNEXATION OF PROPERTY TO THE DISTRICT
Section:
5.53.01 O Electric and/or Water Service
5.53.010 Electric and/or Water Service
5.53.010.1. It is the intent of the District to serve water to all properties within its territory and
within its approved Sphere of Influence.
5.53.010.2. No service shall be provided without prior annexation approval from the
appropriate LAFCo.
5.53.010.3. Exception :
a) Single family home;
i) Not part of a larger sub-division;
ii) May be served with an Out of Area Service Agreement granted by the appropriate
LAFCo;
iii) All associated costs will be borne by the property owner/developer;
iv) Must be contiguous with the District's service territory or infrastructu re.
5.53.010.4. An applicant for electric and/or water service whose property is not located in the
District's official territory will be served by the District only under the following conditions:
a) The property must be located within the District's approved Sphere of Influence;
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b) The property owner/developer shall agree to being annex ed into the District's
territory and pay all costs to process the application through the appropriate Local
Agency Formation Commission (LAFCo);
c) The District must evaluate and find that there is suffic ient capacity within the electric
and/or water systems to provide service ;
The annex ation shall be part of the development agreement:
d) If the District finds that there is not sufficient capacity in the ex isting systems to
provide service , the applicant must agree to construct or pay for construction of the
necessary fa cilities as determined by the District to provide service ;
e) The property owner shall follow all rules , procedures and policies of the District in
construction of any facilities to establish electric and/or water service.
5.53.010.5 Any application for annex ation initiated under the terms of this policy shall be
approved by the Board of Directors . District staff s hall provide a report to the Board
containing the following :
a) Identification of the parcel or parcels to be annex ed ;
b) Stating whether said parcel or parcels are within the District's Sphere of Influence;
c) Stati ng whether sufficient capacity ex ists in the District system to provide service , or
demonstrating that the applicant has agreed to pay for construction of the necessary
facilities ;
d) An executed agreement committing the applicant to pay the costs of processing the
application through LAFCo.
CHAPTER 5.55
CONSERVATION PROGRAMS
Section:
5.55.010 Water and Electric Conservation Programs
5.55.01 O Water and Electric Conservation Programs The District shall create and
maintain cost-effective conservation programs that may include rebates, direct-install and/or
technical assistance. The programs will be reviewed and approved by the General Manager
and the Board.
Reso lution 200 8-2 5 (8/6/0 8), Res. 2010 -09 (6 /2/10), Res . 2011-1 6 & 17 (8/3/11 ). Res 2014 -07 (5/2 1/14)
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R esolution No. 2016-03
Attachment 5
TRUCKEE DONNER
Public Utility District
Adopting District Wide Retention Schedules and Authorizing Destruction
of Certain District Records
WHEREAS , the maintenance of numerous records is expensive , slows document retrieval ,
and is not necessary after a certain period of time for the effective and efficient operation of the
government of the Truckee-Donner Public Utilities District ; and
WHEREAS, Certain codes of the State of California provides that the legislative body of a special district
may authorize at any time the destruction or disposition of any duplicate record, paper, or document, the
original or a permanent photographic record of which is in the files of any officer or department of the
District; and
WHEREAS, the District has a procedure to maintain a list of the types of records destroyed or disposed
of that reasonably identifies the information contained in the records in each category ;
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TRUCKEE-DONNER PUBLIC UTILITIES
DISTRICT DOES RESOLVE AS FOLLOWS:
Section 1. The Board of Directors finds that the destruction or disposition of the records series that have
exceeded the retention periods as set forth in the Records Retention Schedule Exhibit A will not
adversely affect any interest of the District or the public .
Section 2 . All previously adopted resolution and ordinances related to records retentions are hereby
rescinded .
Section 3. The records of the Truckee-Donner Public Utilities District, as set forth in the Records
Retention Schedule Exhibit A , attached hereto and incorporated herein by this reference, are hereby
authorized to be destroyed per State code and in accordance with the provision of said schedule in
accordance with District policies and procedures , and with the approval of the General Manager, Deputy
District Clerk, and District Counsel.
Section 4. With the consent of the General Manager, Deputy District Clerk, and District Counsel ,
updates are hereby authorized to be made to the Records Retention Schedule without further action by
the Board of Directors.
Section 5 . The term "records " as used herein shall include documents , instructions , books , microforms,
electronic files , magnetic tape , optical media , or papers ; as defined by the California Public Records Act.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District
on the twentieth day of January, 2016 by the following roll call vote:
AYES :
NOES:
ABSENT :
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Joseph Aguera , President
ATTEST:
Michael D. Holley, District Clerk
Page 160 of 161
Resoluti on No. 2016 -04
Attachment 6
TRUCKEE DONNER
Public Utility District
----~ -------
ADOPT I NG A M ENDM ENTS TO THE D I STRI CT CODE
T I TLES 2 THRO U G H 7
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes
to amend the District Code Titles 2 through 7; and
WHEREAS, the District Code provides rules and regulations intended to convey a
comprehensive description of the manner in which the District operates, handles its
finances and performs its accounting; and
WHEREAS, periodically, the District Code should be reviewed and updated to conform
to District Board directives , new applicable laws and regulations and improvements; and
WHEREAS , the revised version of Titles 2 through 7 will bring the District's policies up-
to-date and will replace all preceding resolutions affecting such Titles .
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt
the amended District Code, Titles 1 through 8.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public
Ut ility District in a meeting duly called and held within said District on the twentieth day
of January, 2016 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By:~~~~~~~~~~~~~~~
Joseph Aguera , President of the Board
ATTEST:
Michael D. Holley, Clerk of the Board
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