HomeMy WebLinkAboutAttachment 4 District Code{00873413.DOC 1 }1 Title 4,
Personnel
TITLE 4
PERSONNEL
CHAPTERS:
4.01 General Administration
4.02 Employment Non-Discrimination
4.03 Job Descriptions
4.04 Recruitment and Examinations
4.05 Appointments and Probationary Period
4.06 Compensation
4.07 Employment Benefits, Holidays, and Leaves
4.08 Performance Appraisal
4.09 Employee Activities
4.10 Disciplinary Actions
4.11 Grievances
4.12 Employee Safety and Health
CHAPTER 4.01
GENERAL ADMINISTRATION
Sections:
4.01.010 Introduction
4.01.020 Personnel Administration and Delegation
4.01.030 Personnel Records
4.01.040 Medical Records
4.01.050 Coordination with Memorandum of Understanding
4.01.060 Release of Employee Information
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.
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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 specifically 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.
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 addresses or telephone numbers shall not be released except in the case of
an emergency.
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CHAPTER 4.02
EMPLOYMENT NON-DISCRIMINATION
Sections:
4.02.010 Equal Employment Opportunity Policy
4.02.020 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, Harassment, 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.
4.02.020.2 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.
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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.
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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.
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.
CHAPTER 4.04
RECRUITMENT AND EXAMINATIONS
Sections:
4.04.010 Recruitment of Department Heads
4.04.020 Recruitment of Management Employees
4.04.030 Bargaining Unit Employees
4.04.040 Application Forms
4.04.050 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 General 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
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department head, and a peer professional of the new department head from outside the
District organization.
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 and Technical Employees Selection and
placement of all management and technical 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 hiring the position 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.
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If the position is not filled by a current employee, the District shall follow the same
procedure as recruiting for management and technical 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.
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 Pre-employment Physical Examinations
4.05.020 Pre-employment Background Investigations
4.05.030 Nepotism/Fraternization
4.05.040 Probationary Period
4.05.010 Pre-employment Physical Examinations A physical examination, including
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 grandchildren, or in-laws of the
Board member or employee. Persons who cohabitate, but are not married, are
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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:
a) The related employees cannot have a supervisory or reporting relationship with
each other;
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.
CHAPTER 4.06
COMPENSATION
Sections:
4.06.010 Compensation Plan
4.06.020 Payment of Salary
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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.
CHAPTER 4.07
EMPLOYMENT BENEFITS, HOLIDAYS, AND LEAVES
Sections:
4.07.010 General
4.07.020 Insurance Plans
4.07.030 Retirement Plan
4.07.040 Supplemental Income Plans
4.07.050 Post-Retirement Benefits
4.07.060 Longevity
4.07.070 Holidays
4.07.080 Vacation Leave
4.07.090 Administrative Leave
4.07.010 Sick Leave
4.07.011 Family and Medical Leave
4.07.012 Pregnancy Leave
4.07.013 Unpaid Personal Leave
4.07.014 Military Leave
4.07.015 Jury Duty
4.07.016 Bereavement Leave
4.07.017 Industrial Disability Leave
4.07.018 Limitations
4.07.019 Return-to-work Physicals
4.07.021 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 – The District maintains the right to make administrative, plan
and/or vendor changes that will not materially affect employees’ benefits or overall
employee cost of such benefits.
4.07.020.1 Group Medical Insurance Plan: The District shall provide and pay the full
premium for coverage of employees and their dependents. Part-time employees will
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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 an in-network
$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.
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 4.07.030 Retirement Plan: The District will provide and
maintain membership in the California Public Employees Retirement System (CalPERS).
Employees hired on or after January 1, 2013 will have CalPERS determine whether they
will be a “Classic” member (2.7% @ 55 Plan, with all the optional benefits adopted on
8/24/2004) or a “PEPRA” member (2% @ 62 Plan, with all the optional benefits effective
on 1/1/2013).
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
Percent District
Contribution
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10
11
12
13
14
15
16
17
18
19
20
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$600
Spouse only <65 years of age $475$600
Child(ren) only $475$600
Spouse & child(ren)only $725$1,000
Medicare 65+ years of age $375$500
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.
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.
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4.07.060 Longevity In recognition of an employee's years of service, employees will
receive a longevity bonus. Bargaining Unit positions will be awarded a longevity bonus in
accordance with MOU Title 19, Section 19.3 Longevity. All regular management and
technical employees will receive a longevity bonus in accordance with the following
schedule:
Years of Service Longevity Bonus
5 -10 0.20% of base salary
10-15 0.30% of base salary
20 + 0.40% of base salary
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 retrospectively 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. Employees separating from the District between
their anniversary date and the retrospective payment in January will be paid this benefit
on their final paycheck. 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
and technical 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
Floating Holiday
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
Scheduled with Supervisor
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.
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
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following 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 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 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 360 480 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 regular management and
technical employees for accumulated unused vacation leave hours equal to the number
of vacation hours actually taken during that calendar yearin excess of the minimum
balance of 80 hours and equal to twice the number of vacation hours actually taken
during the calendar year. Additionally, regular management and technical employees
may submit in writing, at the discretion of the General Manager, a request for lump sum
compensation for accrued vacation in excess of the minimum balance of 80 hours.
Vacation leave compensation will be paid at the employee’s current rate of pay.
4.07.090 Administrative Leave Management and technical employees shall be granted
8 9 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.
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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 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).
When 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:
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 Paid Sick Leave Cash-Out Plan: On December 1 of each year, full-time
regular employees may request to cash out up to eight hours of their accrued paid
sick time, if any. The cash-out will be effective the first payroll after the new year.
Upon retirement, accrued unused sick leave may be eligible to be applied to
service credit consistent with CalPers requirements.
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.
4.07.010.1 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
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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
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, employees will be given 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 an unpaid
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. An unpaid
family and/or medical leave may be granted for any of the following reasons:
a) Birth of a child; to bond withcare for a newborn child;
b) To bond with an adopted child or child placed for foster careFor 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 full-time 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. An eligible part-time employee shall be entitled to family and medical leave on a
proportional basis. Health benefits will be continued under the same terms as prior to the
leave.
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.
Eligible employees are entitled to take family and medical leave in addition to any
pregnancy disability leave they might be entitled to take.
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4.07.012 Pregnancy Disability Leave Eligible eEmployees who are disabled by
pregnancy, childbirth, or related medical conditions are eligible to be granted 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 in excess of $50.00 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. An additional two days of bereavement leave will be granted if
the employee must travel 500 or more miles to attend to matters related to bereavement.
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.
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
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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.
CHAPTER 4.08
PERFORMANCE APPRAISALS
Sections:
4.08.010 Employee Performance Evaluations
4.08.020 Professional Development for Management and Technical
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
performance expectations of them, and periodically informed of their progress and any
performance deficiencies.
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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.
CHAPTER 4.09
EMPLOYEE ACTIVITIES
Sections:
4.09.010 Code of Business Conduct
4.09.020 Electronic Data
4.09.030 Personal Communication Devices
4.09.040 Travel and Expense Reimbursement
4.09.050 Moving Expense Reimbursement
4.09.060 District Vehicle Use
Commented [SG2]: Should w add “and Technical” after
Management and in this section?
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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.
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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
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 General Manager 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.
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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.
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. 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.
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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.
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:
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a) General Manager
b) Electric Utility DirectorAssistant General Manager
c) Electric SuperintendentOperations Manager
c)d) Assistant Electric Operations Manager
d)e) On-Call Lineman
e)f)Electric Engineer
f)g)Water Utility Directory Manager
g)h) Water Operations ManagerSuperintendent
h)i) Water Engineer
i)j) 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 gGeneral mManager 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:
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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-
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;
l) 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,
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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 supervisor'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
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(B) 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.
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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(D). 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
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.
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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:
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
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(B) Skelly 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.
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The General Manager will determine whether the charges have been sufficiently
established and the appropriateness of the level of the proposed disciplinary action.
4.10.010.5(C) Action Letter - Following the Skelly meeting, the Skelly Officer will
promptly prepare a letter containing all of the following:
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
the provisions of the Union contract or other District procedures, if applicable.
4.10.010.5(D) 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:
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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:
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
EMPLOYEE SAFETY AND HEALTH
Sections:
4.12.010 Safety and Loss Control
4.12.020 Injury and Illness Prevention Program
4.12.030 Wellness Program
4.12.040 Safety and Loss Committee
4.12.050 Tobacco-Free Workplace
4.12.060 Workplace Violence
4.12.070 Driver’s License Policy
4.12.080 Drug and Alcohol Free Workplace
4.12.090 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 (IIPP)
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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.
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 Threats/Violence 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.
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4.12.060.1 Definition of Workplace Threats/Violence Workplace Threats/Violence 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:
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”.
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 DMV 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:
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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.
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.
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4.12.090 Drug and Alcohol Testing Policy Applicable to Commercial Motor Vehicle
Drivers (CDL) 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 (CDL) and who operate a commercial
motor vehicle (CMV) as defined below.
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
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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
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(D) 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
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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
which 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).
4.12.090.4(H) Covered employee is an employee subject to the requirements of
applicable Federal law, and this policy.
4.12.090.4(I) 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.
4.12.090.4(K) Evidential breath testing device (EBT) is a device approved by the
National Highway Traffic Safety Administration (NHTSA) for the evidential testing of
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(O) 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;
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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:
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.
4.12.090.4(Q) 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
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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.
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 CDL 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 CDL is not required to
operate, but then is required to obtain a CDL and drive CMVs for the District.
4.12.090.7(B) 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
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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
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(D) Random Testing
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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.”
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
minimum 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
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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.
4.12.090.7(G) Return-To-Duty Testing
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.
{00873413.DOC 1 }43 Title 4,
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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.
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(I) 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.
{00873413.DOC 1 }44 Title 4,
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d) The BAT must supervise 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 Administration
(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:
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 confirmation 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 there and must be observed by
District personnel en route.
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.
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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.
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
{00873413.DOC 1 }46 Title 4,
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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.
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.
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.
{00873413.DOC 1 }47 Title 4,
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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.
Records must be kept in a secure location with controlled access. The records may be
included in personnel records 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;
{00873413.DOC 1 }48 Title 4,
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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 facilities,
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.
ii. Retention Period:
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
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.
{00873413.DOC 1 }49 Title 4,
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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 identified person as directed by a specific, written consent of the driver.
The release of employee information is allowed in the following instances:
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 misuse 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.
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.
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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:
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
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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
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.
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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.
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.
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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)