HomeMy WebLinkAbout Attach C 20200318 item10 2020 Employee Wage and CompensationNrTRUTICKEE DONNER
tility District
ACTION
To:
Board of Directors
From:
Michael D. Holley
Date:
March 18, 2020
Subject: Consideration for Approval of the 2020 Employee Wage and
Compensation Adjustments and Adopt Resolution 2020-09 District
Code, Title 4 Personnell
1. WHY THIS MATTER IS BEFORE THE BOARD
It is in the Board's purview to approve the Memorandum of Understanding (MOU)
between the District and IBEW Local 1245 as well as adjustments to employee wages
and compensation.
2. HISTORY
While the District's employees are charged with a wide range of responsibilities
associated with the administration, operations, and management of a public water and
electric utility, personnel fall within two general categories in terms of the negotiation
of salary and benefits. The majority of the operations, maintenance and
administrative staff (non-exempt employees) are collectively represented by the
bargaining unit of the International Brotherhood of Electrical Workers (IBEW) Local
1245. The District and IBEW 1245 have maintained a Memorandum of
Understanding (MOU) since May 1, 1967. The technical, engineering and
management staff are not affiliated with a collective bargaining unit and historically
have been represented by the General Manager for the purposes of negotiating
salaries and benefits with the Board.
The previous MOU with IBEW Local 1245 became effective on January 1, 2016 and
expired on December 31, 2019. The terms of the salary and benefits package for
District employees within the technical, engineering and management classifications
was adopted as District Code, effective January 1, 2019 and reaching the end of its
3. NEW INFORMATION
In November and December of 2019, the District's labor negotiating team met with
IBEW business representatives and the Local 1245 negotiating committee to
negotiate the terms of the new MOU. On December 12, 2019 the District and IBEW
arrived at a tentative agreement on proposed modifications, pending ratification by
majority vote from IBEW Local 1245 membership and approval by the Board. A copy
or ine iviuu as ratinea Dy IbLVV Locai -iz4o nas Deen incivaea wim finis start report as
Attachment 1. Subsequent to the signed tentative agreements, the District and IBEW
Local 1245 identified a difference in interpretation as to the applicability of the MOU to
previously retired employees of the District. Each party has entered into a "Side Letter
Agreement" whereas the parties seek to resolve the difference without further meet
and confer and by allowing the Board to adopt the proposed MOU without either party
waiving their respective positions on the disputed issue. The Side Letter Agreement
has been included with this staff report as Attachment 2 Following final review, IBEW
ratified the proposed MOU on February 25, 2020.
In January, 2019 the District's negotiating team met with District staff within the
unrepresented technical, engineering and management classifications to negotiate the
terms and conditions of the updated salary and benefits package, effective January 1,
2020. Staff and the Board have arrived at a tentative agreement, effective January 1,
2020, as outlined by the negotiating team in Staff workshops and in closed sessions
with the Board. The adjusted Unrepresented Employees Wage Range schedule has
been included with this staff report as Attachment 3.
Many of the agreed upon provisions within the MOU and material changes within the
wages and benefits negotiated by the unrepresented staff will require amendments to
District Code, Title 4 Personnel. The proposed changes to District Code Title 4,
Personnel in redline form have been included with this staff report as Attachment 4,
and reviewed by District Counsel.
4. FISCAL IMPACT
The material fiscal impacts associated with the salary and benefits adjustments included in
the MOU between the District and IBEW Local 1245 as well as the District Staff within the
technical, engineering and management classifications are summarized below:
MOU with IBEW Local 1245
• FY20 includes a 5% general wage increase
• FY21-23 includes a general wage increase based upon October annual change in
CPI-W (San Francisco -Oakland -Hayward), with a 5% maximum, 2% minimum
• FY24 includes a general wage increase based upon October annual change CPI-W
(San Francisco -Oakland -Hayward) minus one percent (-1 %), with a 5% maximum,
2% minimum
• Salary Range adjustments to three job descriptions
Unrepresented Staff (Technical, Engineering and Management Staff)
• FY20 includes a 2.5% salary schedule adjustment and a 5% general wage increase
• FY21 includes a general wage increase based upon October annual change CPI-
W(San Francisco -Oakland -Hayward), with a 5% maximum, 2% minimum
• Compensationa and Reclassification study to be performed in FY21
The Board approved FY20-21 Budget included an assumption of 3% annual increase in
labor expenses based on recent CPI trends. The additional general wage increases of 2%
and 4.5% for the Union and Unrepresented employees respectively, will result in an
additional labor cost of approximately $257,163 for FY20.
5. RECOMMENDATION
1.) Authorize the General Manager to execute the MOU between IBEW Local 1245
and the District effective January 1, 2020 through December 31, 2024.
2.) Approve the Unrepresented (Technical, Engineering and Management) salary
adjustments as proposed and outlined in the 2020 Wage Ranges.
3.) Adopt Resolution 2020-09 amending District Code Title 4, Personnel as proposed.
Michael D. Holley
General Manager
Attachment 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
_►1
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 1245
This Memorandum of Understanding
dated January 1, 2020, has been amended
on the following dates:
May 1, 1967
May 1, 1968
May 1, 1969
May 1, 1970
May 1, 1971
May 1, 1972
May 1, 1973
May 1, 1974
June 1, 1975
June 1, 1976
December 1, 1978
December 1, 1979
December 1, 1980
December 1, 1981
January 1, 1983
January 1, 1984
January 1, 1985
January 1, 1988
January 1, 1991
January 1, 1995
January 1, 1996
January 1, 2000
January 1, 2003
January 1, 2006
January 1, 2007
January 1, 2010
January 1, 2012
January 1, 2016
January 1, 2020
TABLE OF CONTENTS
TITLE
1 Preamble and Management Right
2 Union Security
3 Conditions of Employment
4 Working Hours
5 Standby
6 Overtime
7 Holidays
8 Expenses
9 Leave of Absence - Unpaid and Paid
10 Vacation
11 Safety
12 Personal Disability Leave & Industrial Disability Leave
13 Right to Representation
14 Grievance Procedure
15 Layoff and Demotion Procedure
16 Employment Standards and Job Vacancies
17 Disciplinary Actions
18 Inclement Weather Practice
19 Employee Benefit Program
20 Classifications and Wage Rates
21 Terms of Agreement
Exhibit A: Wage Schedule
Exhibit B: Classification Table Deleted 1-1-2016
Exhibit C: Residency Map Guidelines
PAGE
1
2
4
9
10
12
14
15
17
19
21
23
25
26
29
30
36
41
42
49
50
TITLE 1
PREAMBLE AND MANAGEMENT RIGHTS
1.1 This Memorandum of Understanding (hereinafter referred to as Memorandum) entered
into by the Truckee Donner Public Utility District (hereinafter referred to as the District)
and Local Union 1245 of the International Brotherhood of Electrical Workers (hereinafter
referred to as the Union), has as its purpose the promotion of harmonious relations,
cooperation, and understanding between the District and the Union; the establishment of
an equitable and peaceful procedure for resolution of differences; and agreement as to
rates of pay, hours of work, and other terms and conditions of employment.
1.2 The welfare of the public depends upon the loyal and efficient work and service of all
employed or associated with the District in any capacity; and, individually and collectively
all are expected to use their influence and best efforts to protect the properties of the
District and its service to the public and to cooperate in promoting and advancing the
welfare of the District and in preserving the continuity of its services to the public at all
times.
1.3 Except insofar as modified by this agreement, the management and control of the District
and of the employees employed therein shall remain the sole right, responsibility and
prerogative of the District.
1.4 The management of the work of the District, the direction of the work and the right to plan
and control District operations and make and enforce reasonable work rules is reserved
exclusively in the District, provided that such rights will not be inconsistent with the terms
of this agreement.
1.5 Management rights and prerogatives are not subject to delegation in whole or in part,
except that the same shall not be exercised in a manner inconsistent with, or in violation
of, any of the specific terms and provisions of this agreement.
1.6 There shall be no strikes, work stoppages, interruption or impeding of work. No officer or
representative of the Union shall authorize, encourage, aid or condone any such activities.
No employee shall participate in any such activities. The employer will not conduct a
lockout against employees.
1.7 There shall be no discrimination, restraint or coercion against any employee because of
membership in the Union.
1.8 The District reserves the right to reassign positions within the same classification.
1.9 Disclaimer: Headings, Titles and Subsections are descriptive subdivisions utilized to
separate the Memorandum of Understanding for identification purposes only and are not
to be used for the purpose of interpreting either the intent or the meaning of language of
any section.
1.10 Neutral Gender: Any gender specific changes or eliminations made to the Memorandum
of Understanding sections, effective January 1, 1991, are not intended to change the
context of the language other than to neutralize the genders.
MOU 2020 — 2024
TITLE 2
UNION SECURITY
2.1
2.1 An employee in one of the classes included in the I.B.E.W. Unit, employed as of
and during the term on this Memorandum of Understanding may at any time
execute a payroll deduction authorization form (including any Union dues, fees or
assessments permitted by law) as furnished by the Union.
I.B.E.W. Local 1245 will be custodian of records for such deduction authorization
and will provide the District with a certification that it has and will maintain an
authorization, signed by the individual from whose salary or wages the deduction
or reduction is to be made. I.B.E.W. Local 1245 shall not be required to provide
the employer a copy of the employee's authorization unless a dispute arises about
the existence or terms of the authorization. However, Local 1245 will provide the
District with adequate information in the certification document for each employee
to allow the District to identify the appropriate level of deductions.
The District shall begin deductions in the amount prescribed by the Union in the
first full pay period of the month after receipt of the written certification of employee
authorization from Local 1245.
The District shall direct employee requests to cancel or change deductions to Local
1245 and shall rely on information provided by Local 1245 regarding whether
deductions for Local 1245 were properly canceled or changed.
The Union shall indemnify the District, its officers and employees, for (a) any claims
made by an employee for deductions made in reliance on Local 1245's certification
regarding a dues deduction authorization and (b) any claims made by an employee
for deductions made in reliance on information regarding changes or cancellations
to the deduction authorization.
2.2 Non-discrimination: It is the policy of the District and the Union not to discriminate against
any employee because of race, creed, color, age, gender, handicap, national origin, or
sexual orientation. In addition, the District will not discriminate against an employee
because of membership in the Union and neither the Union nor the employees they
represent will discriminate against any employee because of non -affiliation with the Union.
2.3 Applicability: The terms of this Memorandum shall apply to all represented
employees.
2.4 New Employees Orientation and Information: The District shall provide the union
the names, classifications, assigned locations, work phone, personal cell phone,
personal emails on file with the employer, and home addresses, within thirty (30)
days of hire or by the first pay period of the month following hire. The District shall
provide this information for the entire bargaining unit at least every 120 days.
Employees may, in writing to the District, opt out of providing home address,
2 MOU 2020 — 2024
personal cell phone number, and personal email addresses. The District will
provide the Union with a copy of the request.
When the District conducts a District -wide new employee orientation, the union will
be allocated up to thirty (30) minutes prior to the end of the session, without
management personnel present. The Union shall be provided not less than ten
(10) days advance notice of any new employee orientation. The presentation may
be made by a Union Representative or steward. If it is a steward, it shall be without
loss of pay. If there will be no District -wide orientation within sixty (60) calendar
days of hire, then, at the new employee's orientation on District benefits, one union
steward or Union Representative may meet privately with the employee afterward
for up to thirty (30) minutes. The steward's time will be without loss of pay.
2.5 Union Officer and Steward Leave Time
Upon the written request of the Union, the District shall grant employees a leave
of absence without loss of compensation or other benefits to serve as stewards or
officers of the Union or of any statewide or national employee organization with
which the Union is affiliated, such as the AFL-CIO, the State Labor Federations,
and the Central Labor Councils.
The Union request may be for full-time, part-time, periodic, or on an intermittent
basis, and shall be specified in the request. Requests for all leave in excess of one
month, shall be made at least one month in advance and directed to the Manager
of Labor Relations unless otherwise agreed to between the District and the Union.
For leaves of less than one month, the Union will make reasonable efforts to notify
the District not less than two weeks in advance.
A regular employee appointed or elected to office in the Union which requires all
of the employee's time shall be granted a Union Leave of Absence, upon request
of the Union, for a period not in excess of one (1) year.
During the leave, the District shall fund the retirement contributions required of the
District as an employer and as specified in the MOU. The employee shall earn full
service credit during the leave of absence and shall pay his or her contributions as
specified in the memorandum of understanding or collective bargaining
agreement.
The Union shall reimburse the District for all compensation paid to the employee
on leave. Reimbursement by the Union shall be made within 30 days after receipt
of the District's certification of payment of compensation to the employee.
For leaves of absence requests for periods in excess of two weeks, the District
shall not be obligated to release more than one employee at any time for leave
under this section.
The leave provided under this section shall be in addition to any leave to which
public employees may be entitled by other laws or by this memorandum of
3 MOU 2020 — 2024
understanding or collective bargaining agreement and shall not serve to invalidate
any provision of this memorandum of understanding or collective bargaining
agreement.
At the conclusion or termination of the leave, the District shall reinstate the
employee to the same position and work location held prior to the leave, or, if not
feasible, a substantially similar position without loss of seniority, rank, or
classification.
The District shall not be liable for any acts committed or omitted, or injuries suffered
by the employee which occur during the course and scope of the employee's leave
under this section. If held liable, the Union shall indemnify and hold harmless the
District for any such acts.
The Union has no obligation to use leave under this section for an employee and
may terminate that leave at any time, for any reason.
4 MOU 2020 — 2024
TITLE 3
CONDITIONS OF EMPLOYMENT
3.1 Seniority: Seniority is defined as a regular employee's continuous length of service with
the District since the most recent date of hire. An employee will not attain seniority during
a probationary period but will, upon satisfactory completion of the probationary period, be
granted seniority from the date of hire as a probationary employee. Seniority will be
broken when (a) an employee is discharged with cause; (b) an employee voluntarily
terminates employment; (c) an employee has been laid off for more than twelve (12)
consecutive months; or (d) an employee does not return from a leave of absence at the
required time.
3.2 Probationary Period: New regular employees will be hired on a trial basis and will be
assigned to a probationary status for a period of six (6) months. During the probationary
period, an employee who is terminated by the District will not have recourse to the
grievance procedure except for issues as to discrimination because of Union activities.
3.3 Status: Employees are designated, at the discretion of the District, as to whether their
work is expected to be:
(a) full-time and regular;
(b) part-time and regular;
(c) full-time and temporary;
(d) part-time and temporary, or
(e) seasonal employees.
3.4 Definitions:
(a) A regular position is one which has been established and is expected to last for an
indefinite period.
(b) A temporary position is one which is utilized for a limited time not to exceed six (6)
months.
(c) A full-time position is one having a scheduled work week of five (5) eight (8) hour
periods.
(d) A part-time position is one having a scheduled work week with less than forty (40)
hours. This could result from being regularly scheduled to work less than five (5) days in
a work week or less than eight (8) hours on work days.
(e) A seasonal position is one which has been regularly established and is expected to
be filled each year, for a portion of the year, to meet the seasonal fluctuations in the
District's work load.
The District will not utilize seasonal, part-time and/or temporary positions to dilute the
number of full-time regular positions.
5 MOU 2020 — 2024
3.5 Part-time Regular:
(a) Employees designated as part-time regular, who are normally scheduled to work
twenty (20) hours or more during a work week, shall be entitled to sick leave, holidays,
vacation, bereavement leave, jury duty and military training, except that the above
enumerated benefits shall be accrued at a rate determined by dividing the hours per week
they are normally scheduled by forty (40).
(b) Employees designated as part-time regular as defined above shall be entitled to the
benefits described in Title 19.2, the District's rate of contribution to be determined by
dividing the hours per week they are normally scheduled by forty (40). However, the
employee must satisfy the eligibility requirements of any plan listed in Title 19.2.
(c) Part-time regular employees shall receive the same working conditions offered for full-
time regular employees. Part-time regular employees shall be eligible to advance to the
next wage step upon being paid for one thousand forty (1,040) hours.
3.6 Temporary: Employees designated as temporary shall not be entitled to any sick leave,
holidays with pay, vacation, paid leaves of absence, and any employee benefit plan.
Although employees assigned to such work will receive no holiday pay, they will be paid
the applicable overtime rate for work actually performed. When such employees are
reassigned to work involving regular status, their seniority date will be the date on which
the regular assignment commences.
3.7 Seasonal Employee: Employees designated as seasonal, full-time and regular or part-
time and regular, shall be entitled to the same employee benefits as other full-time and
regular or part-time and regular employees except that such benefits will only be in force
or accrued during the period that the seasonal employee is actually working for the District.
Such employee(s) shall also accrue seniority based on actual time worked and shall be
entitled to bidding rights.
3.8 Establishment of Duties and Qualifications:
(a) It is recognized that the employer has the exclusive responsibility for creating and/or
redesign of job classification, including the establishment of duties and qualifications
required therefore.
(b) It is recognized by the parties to this agreement that the District may implement change
to improve performance and job duties; implement new technologies to help control costs
and maintain excellent customer service; and be sensitive to the needs of the bargaining
unit.
In partnership, the District and the IBEW Local 1245 agree to establish a Joint
Labor/Management Steering committee which is advisory in nature, for the purpose of
openly and fully discussing changes in job duties, streamlining work processes, District
organizational structure and new technologies.
(1) A joint benefits committee is hereby established for the purpose of reviewing
medical and pension costs, issues and trends and to make non -binding
recommendations for improving savings and enhancing medical and pension
programs and policies. The committee will meet quarterly unless mutually agreed to
meet more often if necessary.
6 MOU 2020 — 2024
(2) The committee consists of the Union Business Representative and three union
members appointed by the Union Business Representative, and the Human
Resources Administrator and three members appointed by the General Manager of
the District.
(c) All job classifications shall be bound in a document entitled "Truckee Donner Public
Utility District Job Classifications" and such document shall be made available to the Union
and to each employee of the District.
(d) The District shall not design job qualifications so as to unreasonably limit eligibility.
After the District has created a new or redesigned bargaining unit job classification, it will
meet and confer with the Union over the wage for that classification.
3.9 Work Assignments: While it is management's intent to schedule work and assign
personnel in such a manner as to achieve maximum utilization of the respective
employee's abilities, and while it is management's intent to encourage an employee's
progression upward in the same line of work, it is recognized and agreed that conditions
which affect District operations will require flexibility in work assignment to permit cross -
training and to stabilize the workload among departments. It is therefore also recognized
and agreed that as conditions require, management will assign, and employees will
perform, within their ability, duties which may not be within the usual scope of classification
responsibilities for a period not to exceed six (6) months.
3.10 Inherent Responsibilities: Inherent in each job classification are, but not limited to, the
responsibilities to (a) occasionally perform duties within the employee's abilities of the next
higher classification in order to become qualified for advancement in the event of a job
vacancy; and, (b) accept overtime work in order to maintain, and/or restore, District
services.
3.11 (Deleted 1/1/06)
3.12 Employee Competency: (See Title 16.2)
3.13 Residency: Emergency Service Response Employees (Electric and Water Department
Field Classifications) may be required to reside within reasonable commute boundaries
as solely determined by the District. (A reasonable commute is where you can report for
work within 45 minutes of being contacted. This includes the Reno area but does not
include any area west of Donner Summit. See Exhibit C for guidelines.)
3.14 Bargaining Unit Work: Non -bargaining unit employees may perform work usually
assigned to employees in IBEW 1245 bargaining unit classifications only under the
following circumstances:
(a) When such assignments are not made for the deliberate purpose of reducing the
number of employees performing work within bargaining unit classifications
(b) When historical assignments are recognized by the parties with respect to overlapping
duties of non -bargaining unit classifications and bargaining unit classifications.
(c) Such work assignments other than as described in (a) and (b) above shall be limited
to work performed in:
7 MOU 2020 — 2024
(1) Emergency situations.
(2) Training of employees and demonstrating work methods.
(3) Incidental assistance and de minimis assignments.
(d) The parties recognize that there are some duties of bargaining unit classifications
which are quasi-supervisorial. During the temporary absence of a bargaining unit
employee with quasi-supervisorial duties, the District may assign the quasi-supervisorial
duties to another bargaining unit employee without upgrade or to a non -bargaining unit
classification if the duties can be performed in less than four hours in a work day.
3.15 Temporary Upgrades
(1) General Rules
(a) When an employee governed by this agreement is temporarily assigned to a higher
classification, the employee shall be paid within the salary range for the higher
classification, but not less than 5% over their current rate of pay, for the time spent
actually working in the higher classification.
Should the Buyer be absent for four (4) hours or more, the Warehouse/Utility Worker
shall be upgraded per section (a) above.
Temporary upgrades will only be authorized by the department head, Superintendent,
or Manager, or in the absence of the department head, Superintendent or Manager,
by the General Manager, and such authorization shall be made in writing, in advance
of the work being performed except that upgrades during an emergency call -out shall
be governed by Section 3.15 (1) (b).
(b) The Union and District recognize that a standby employee who is called out to
respond to a problem is expected to exercise good judgment and may become
accountable for the principal responsibilities of a higher classification without being
specifically so assigned. The District shall recognize that as a temporary upgrade.
(c) When an employee is temporarily assigned or reassigned to work in a classification
lower than the employee's regular classification, the employee's rate of pay will not be
reduced.
(d) Employees on long term upgrade assignment (defined as an upgrade assignment
for more than ten (10) consecutive working days), shall have authorized time off
(vacation or personal disability leave) paid at upgrade rate. If upgrade assignment is
expected to last for twenty work days or less, vacation greater than one day will not
be approved at the upgrade rate.
(e) Employees temporarily upgraded under the terms of this Section can be removed
for just cause as provided for in the District Code.
(f) For purposes of Section 3.15, seniority shall mean classification seniority at the
District.
8 MOU 2020 — 2024
(2) Temporary Upgrades Relating to Electric and Water Crews
(a) Temporary upgrades will be crew specific and assigned to the most senior
journeyman level employee on the crew. In the event the crew normally has a
leadman, the leadman will receive the upgrade.
(b) A system for determining crew rotations will be established by the District and will
provide reasonable notice to affected employees to accommodate scheduling of
personal activities.
(c) If an electric foreman is responsible for supervising more than four electric line crew
not counting the foreman, then a second foreman will be assigned to the crew. If a
second foreman is not available, an additional employee shall be upgraded to electric
foreman.
9 MOU 2020 — 2024
TITLE 4
WORKING HOURS
4.1 Definitions:
(a) Calendar Work Week: The calendar work week and the payroll period shall be the
same. These periods will begin at 00:00 AM on Saturday and end at 24:00 PM Friday.
(b) Scheduled Work Week: Five (5) consecutive eight (8) hour scheduled work periods
and two (2) designated days off, within a calendar work week, will constitute a normal
scheduled work week.
(c) Work Day: Twenty-four (24) consecutive hours beginning at midnight and ending at
midnight the following day, will constitute the normal work day.
(d) Work Period: Eight (8) regularly scheduled hours during a work day will constitute
the normal work period.
(e) The District and Union by mutual agreement may establish alternate work schedules
commonly known as four tens, five and four nines and/or other flexible schedules. The
establishment of such alternate work schedules may apply to individuals or groups of
employees, and not necessarily to all employees of the District or all employees in a
department. Said work schedules may also apply to certain time frames or seasons, and
not necessarily to the entire work year. Any agreement to establish such alternate work
schedule may be terminated by Union or District, by giving five working days notice to the
other party, thereby returning to the normal work schedule as set forth in this MOU. Any
alternative work schedule shall not be the cause of unnecessary additional overtime or
undue hardship on staffing needs.
4.2 Scheduling Work Periods: The District will meet and confer with the Union with respect
to changes in work period scheduling. The existing work schedules are:
(a) 7:30 AM to 4:00 PM — Monday through Friday for Support Services, Electric and Water
Field Crews, with a thirty (30) minute lunch period.
(b) 8:00 AM to 4:30 PM — Monday through Friday for Buyer and Meter Readers with a
thirty (30) minute lunch period.
(c) 7:00 AM to 4:00 PM — Monday through Friday for the Accounting Supervisor, with a
sixty (60) minute lunch period.
(d) 8:00 AM to 5:00 PM — Monday through Friday for Customer Services, Credit and
Collections, Billing, Finance and Administration, Power Supply/GIS, and Conservation
with a sixty (60) minute lunch period.
(e) Exceptions to the above schedule may be accomplished on a temporary basis (not to
exceed ten (10) working days) if agreeable to the supervisor and the employees involved.
4.3 Enabler: Notwithstanding any provision contained herein, any schedule of days and/or
hours of work may be established by written agreement between the Union and the
District. Additionally, the District and individual employees may agree upon additional
schedules of work hours provided (1) the schedule change is temporary or of a defined
duration, and (2) the District promptly notifies the Union of the schedule.
10 MOU 2020 — 2024
TITLE 5
STANDBY
5.1 Scheduled Work Days: The standby period for a scheduled work day will be fifteen and
one-half (15 1/2) hours extending from 4:00 p.m. to 7:30 a.m. the next day. When an
employee is assigned to standby on a scheduled work day, such employee will be paid
three (3) hours at the straight time rate of pay for each fifteen and one-half (15 1/2) hour
period or any portion thereof.
5.2 Scheduled Days Off: The standby period for a scheduled day off will be twenty-four (24)
hours extending from 7:30 A.M. on the scheduled day off to 7:30 A.M. the next day. When
an employee is assigned to standby on a scheduled day off, including recognized holidays,
such employee will be paid five (5) hours at the straight time rate of pay for each twenty-
four (24) hour period or any portion thereof.
5.3 Availability: Although employees are not required to standby at home, they must remain
in the District, or within paging/electronic communication distance, and make all necessary
arrangements to enable them to report for work within forty five (45) minutes of the first
contact by means of telephone and/or pager.
5.4 Overtime:
(a) When an employee is assigned to standby and is called out to work during the standby
period, said employee shall be paid a rate equal to twice the straight time rate of pay in
addition to standby pay. When an employee is on standby and is able to respond to a
problem simply by conveying information over the telephone, and does not need to
respond to the scene of the problem, said employee shall be entitled to receive fifteen
minutes of pay at the rate of two times the straight time rate of pay.
(b) Notwithstanding any provision contained herein, an employee shall be entitled to
fifteen (15) minutes at the appropriate overtime rate when responding to telephone service
inquiries from the answering service/customer. This provision applies only to situations in
which a problem is resolved by telephone; it does not entitle employees to automatically
include an additional 15 minutes in all overtime call -outs. Furthermore, this provision does
not entitle employees to receive more than 15 minutes pay for more than one phone call
handled in a consecutive 15-minute period.
Pilot Program: For the initial year of the labor agreement, the above fifteen (15) minute
period set forth in Section 5.4 (b) shall be extended to thirty (30) minutes. At the end of
the one-year period, the parties agree to meet and confer regarding the continuation of
this provision. Both parties have to agree for the extension to be effective.
(c) Overtime (standby)
The District may place a standby employee on a rest period when after a discussion with
the District, shop steward or if a steward is not available a foreman, and the effected
standby employee, it is determined by the District that the standby employee has worked
enough hours that a rest is needed. While the standby employee is on a rest period,
standby shall be assigned to another employee. Both employees will be paid the standby
rate rounded up to a full day at the applicable standby rate.
11 MOU 2020 — 2024
(1) Standby employees may request a determination by the District for assignment to
a rest period.
5.5 Supplemental Standby
(a) General
(1) Employee on normal standby will be the first called. Employees on
supplemental standby will be called for OT before other employees.
(2) Employee normally on standby who chooses to stay in District provided hotel
will follow the procedure(s) in (c) below.
(3) Supplemental standby will be voluntary.
(4) District will make an effort to call and offer supplemental standby to all qualified
employees not currently on duty.
(5) District will notify employee of expected duration of supplemental standby. This
does not prevent District from modifying duration.
(6) For supplemental standby M-F, for each 24-hour period the District will follow
the OT list.
(b) Employee who lives within the Town of Truckee
(1) Employee is not required to stay in District provided hotel and will follow the
policy in (c) below.
(c) Employee who chooses to stay in District provided hotel.
(1) Will receive the applicable standby pay as defined in Title 5, Sections 5.1-5.4
plus three (3) hours for the time on supplemental standby. The employee will
be able to engage in personal pursuits and is free to come and go from the
hotel.
(2) Employee will follow the normal meal practices as per Title 8, Section 8.2 of
the MOU. In addition, the employee will receive meals or meal allowances per
8.2 (e) while on supplemental standby.
(3) District may require the employee to report for duty between 7am-5pm, at the
applicable OT rate per Title 6 of the MOU.
12 MOU 2020 — 2024
TITLE 6
OVERTIME
6.1 General: Except as otherwise provided below, all scheduled hours worked of eight (8) or
less in a work day, or forty (40) or less in a work week, will be paid at the straight time
rate. There will be no duplication or pyramiding of hours in the computation of pay (i.e.,
the payment of overtime for any hour excludes that hour from payment on any other basis).
6.2 Definition: Overtime will be computed to the nearest one-half (1/2) hour and is defined
as follows:
(a) Time worked in excess of forty (40) hours in a work week.
(b) Time worked in excess of regularly scheduled hours on a work day.
(c) Time worked on a non -work day.
(d) Time worked on a holiday.
(e) Except for part-time employees, time worked outside of regular hours in a work day.
6.3 Call -outs: If an employee is called out outside the employee's regularly scheduled hours
and works less than two (2) hours, the employee will receive not less than two (2) hours'
pay, to be compensated at the applicable overtime rate, for each such call -out; provided
the employee has finished the first call -out and has returned home. If the employee is sent
on another job or jobs prior to returning home from the initial call without a break in work
time, it will be considered as a single call -out.
6.4 Overtime Distribution: There will be equal opportunity for overtime among qualified and
available employees in each department.
6.5 Basic Overtime Rates:
(a) Except as otherwise provided below, overtime compensation will mean a rate of pay
equivalent to one and one-half (1 1/2) times the regular straight -time rate of pay.
(b) Employees will be paid overtime compensation at the rate of pay equivalent to two (2)
times the regular straight -time rate for all time worked in excess of twelve (12) consecutive
hours.
(c) Employees will be paid overtime compensation at the rate of pay equivalent to two (2)
times the regular straight -time rate for all time worked between 11:00 PM and 6:00 AM.
Additionally, employees will be paid overtime compensation at the rate of pay equivalent
to two times the regular straight time rate for all call out overtime worked.
(d) Employees will be paid overtime compensation at the rate of pay equivalent to two (2)
times the regular straight -time rate for all time worked on Sundays and holidays.
(Amended 11/30/98)
(e) Employees may elect to accrue and use up to seventy two (72) hours per calendar
year of compensatory time off. Such time shall accrue as hour for hour worked and
remainder of overtime compensation shall be paid at the appropriate rate. Employees with
accrued compensatory time off will be cashed out at the end of each calendar year.
13 MOU 2020 — 2024
Example: 8 hours worked at the "double time rate" = 8 hours comp time and 8
hours straight time pay. 8 hours worked at the "time and one half rate" = 8 hours
comp time and 4 hours straight time pay.
(f) All compensatory time taken must have prior approval by management.
Compensatory time off will not be approved if overtime must be worked to cover it.
(g) Not withstanding any other provision contained herein, when an employee travels to
or from a site for purposes of attending training or a conference, and said travel is
occurring outside the employee's normal work hours, said employee shall be
compensated at the straight time rate of pay not to exceed four (4) hours on a calendar
day.
6.6 Rest Periods:
(a) Any employee who has worked sixteen (16) hours in any consecutive 24 hour period
will be entitled to a rest period of nine (9) consecutive hours.
1. Any employee that works an unscheduled shift with a minimum of two (2) hours
at overtime rates where any portion of that overtime falls between the hours of
Midnight and four (4) am, the employee shall be entitled to a rest period of nine
(9) consecutive hours.
2. For purposes of this section, an unscheduled shift shall mean work begins with
less than 24-hours notice.
(b) Should a rest period extend into an employee's regular work hours the employee may
be required to report for work at the end of the rest period for the remainder of that regular
work period. The employee will, in such event, be paid the straight -time rate of pay for
that portion of the nine (9) hour rest period which overlaps the employee's regular work
period.
(c) If, when an employee is eligible for a rest period, the District requires the employee to
continue work into the regular work period, the employee will be paid at two (2) times the
regular straight -time rate for all hours worked until the employee is given a rest period of
nine (9) consecutive hours.
(d) If an employee becomes eligible for a rest period and is called back to work during
the nine (9) hour rest period, the employee will be paid at two (2) times the regular straight -
time rate for all hours worked until said employee has been relieved from duty for at least
nine (9) consecutive hours.
14 MOU 2020 — 2024
TITLE 7
HOLIDAYS
7.1 Recognized Holidays: Following are the recognized paid holidays for all regular
employees:
New Years Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
Floating Holiday
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Day after Thanksgiving
December 24
December 25
(a) The Christmas Eve holiday shall be observed on the work day immediately prior to the
date of observing the Christmas Day holiday.
(b) The floating holiday shall not accrue from year to year and will be scheduled in the
same matter as vacation.
7.2 Holidays 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.
7.3 Eligibility: If an employee takes off any of the days observed by the District as a holiday
and is absent without pay and/or authorization on the work day either immediately
preceding or following such day observed by the District as a holiday, such employee will
not receive holiday pay.
15 MOU 2020 — 2024
TITLE 8
EXPENSES
8.1 Transportation: At the discretion of the District, transportation will be furnished all
employees in the performance of their duties as prescribed. When, however, an employee
is asked to use personal means of transportation for District business, employee will be
reimbursed at the then current tax exempt mileage rate established by the IRS, but in no
event less than $1.00 per day.
8.2 Meals:
(a) If the District requires an employee to perform work on a work day and such work
begins two hours but not less than forty-five minutes prior to the employee's regular
starting time, it will provide the employee with a meal. In the event such work continues
into the employee's regular work hours, the District shall also provide the employee's
lunch.
(b) If the District requires an employee to perform work on a work day for two (2) hours
or more beyond regular quitting time, it will provide a meal. Thereafter, meals will be
provided at intervals of four (4) hours for the duration of said work (so long as such work
continues). It is understood that work efforts sometimes continue past the time a meal is
due. Meals and the time to eat them will be provided upon completion of the work effort.
Notwithstanding any other provision of this agreement allowing the rounding of time to the
nearest one-half hour, for purposes of this subsection, no rounding will result in
qualification for a meal.
(c) If the District calls out an employee to work on a non -work day or after being released
on a work day, it shall provide a meal allowance every four (4) hours while such work
continues.
(d) If overtime work has been pre -scheduled by the end of the previous work day, meal
allowances shall be provided as set forth in Section (a) and (b) above.
(e) The meal allowance is twenty-five (25) dollars for all meals (excluding tax and tip).
Employees shall be billed for any cost exceeding the approved amounts. If such billings
are not paid by the employee within thirty (30) calendar days after receipt of said billings,
the District shall have the right to deduct such amounts from the employee's paycheck.
(f) The time necessary to consume any such meal up to one half (1/2) hour will be
considered as work time.
(g) If an employee who is entitled to meals at the District's expense does not accept any
such meal, the District will, nevertheless, allow the employee one half (1/2) hour with pay
in addition to the appropriate allowance for such meal.
(h) On call employees will be issued a credit card to be used for overtime meals earned.
The District will set the card limits and parameters for use of these cards and has the right
to revoke any credit card at any time. Employees will report usage as instructed by the
District.
8.3 Telephone Expense: District shall provide communications line and services as
needed/required for on -call employees who are required to use computer systems from
their homes. District will reimburse employees for all installation cost of said line up to
16 MOU 2020 — 2024
$100.00 and monthly service costs up to $20.00.
District will reimburse on -call employees for actual costs incurred for work related long
distance expenses.
8.4 Moving Expense Reimbursement - New employees who have been recruited by the
District and are required to move their place of residence as a result of accepting
employment with the District shall be reimbursed for qualified moving related expenses
subject to the following guidelines.
(a) The amount of reimbursement shall not exceed eighty (80) hours of straight time
wage. Eligible expenses shall be limited to documented costs for relocation of furniture,
household and personal items and transportation costs associated with moving the
employee and family members at the then 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
subject to reimbursement. Reimbursement is only available if the employee would have
to commute at least 50 extra miles from his or her former residence to get to the new job.
The General Manager will make final decisions regarding the appropriateness of
expenses for reimbursement.
(b) To be eligible for moving expense reimbursement, employees are required to agree
to the following pay back agreement in the event that their term of employment is less
than two years.
Length of Amount to be repaid by
Employment employee
0— 11 months 100%
12— 24 months 75%
17 MOU 2020 — 2024
TITLE 9
LEAVE OF ABSENCE - UNPAID AND PAID
9.1 Personal Leave: An unpaid leave of absence will be granted to a regular
employee for urgent substantial personal reasons provided that adequate
arrangements can be made to take care of the employee's duties during their
absence without undue interference with the normal routine of work. The granting
or denial of such leave is at the discretion of the General Manager or his designee.
9.2 Military Leave: All District employees are entitled to military leave in accordance
with applicable law. In addition to rights and benefits accorded by law, during the
initial year of employment, the District will pay regular employees who are granted
military leave at his or her regular rate of pay, to a maximum of thirty (30) calendar
days, in any calendar year, while on such leave. The District will provide regular
employees who are on active duty for training with any of the military services, the
Coast Guard, or National Guard, any difference in the employee's compensation
between normal salary and regular military and longevity pay for up to two weeks
in any calendar year
9.3 Family Medical Leave Act/California Family Rights Act Leave. Eligible District
employees are entitled to unpaid FMLA/CFRA leave in accordance with applicable
law. FMLA/CFRA leaves run concurrently with other leaves to the extent permitted
by law.
9.4 Pregnancy Disability Leave. District employees are entitled to unpaid Pregnancy
Disability Leave in accordance with applicable law. PDL leaves run concurrently
with other leaves to the extent permitted by law.
9.5 Unpaid Medical Leave: The District General Manager may grant employees an
unpaid medical leave of absence after the expiration of, or in conjunction with, any
paid or partially -paid medical leaves to which the employee may be entitled, e.g.,
as provided in Title 12. The District may, in its discretion, require medical
verification supporting the need for such leave. The cost of obtaining the medical
verification shall be borne by the employee. Ordinarily, an employee's unpaid
medical leave may not extend more than four (4) months, unless the District
General Manager determines to grant additional unpaid medical leave in unusual
cases involving compelling medical circumstances. Any grant of unpaid medical
leave shall be in writing and shall specify the ending date of such leave.
9.6 Bereavement Leave: Regular employees will be granted three (3) days of
bereavement leave with pay in the event of a death of an immediate family
member, or the death of a member of the employee's household. For purposes of
this Section 9.6, "immediate family" means: spouse or registered domestic partner,
parent, sibling, child, grandparent or grandchild, foster parent or foster child. In
addition, such leave may be extended to cover the employee's step- or half -
relatives. An additional two (2) days of bereavement leave will be granted if the
employee must travel 500 or more miles to attend to matters related to
bereavement.
9.7 Jury Duty: Employees will be granted a leave of absence as required by a call to
jury duty or by a subpoena to appear as a witness in administrative, civil or criminal
18 MOU 2020 — 2024
cases. Regular employees will be paid straight time salary for such jury/witness
duty leave, unless the employee's testimony is against the District's interest. Any
juror -related pay in excess of $50.00 received by a regular employee who is also
receiving normal District compensation during jury duty, except mileage expense,
will be paid directly to the District by such employee.
9.8 General Provisions:
(a) Except as provided for in (b) below, a regular employee's status, including
any seniority accrual, will not be impaired by an authorized leave of
absence.
(b) While on an unpaid leave of absence, an employee will not be eligible for
paid sick time holiday pay, vacation pay or items of a similar nature. If an
employee is in a non -pay status for a full pay period, such employee shall
not accrue paid leave nor be entitled to insurance coverage unless the
employee pays the premiums therefore in a timely manner.
(c) Employees on a District -unpaid leave of absence for longer than one month
shall not advance in pay steps until the employee has worked the number
of hours equivalent to the time required for advancement by the pay step
intervals.
19 MOU 2020 — 2024
TITLE 10
VACATION
10.1 Eligibility: Full-time regular employees who have satisfactorily completed six (6) months
of continuous service will accrue vacation leave from the most recent date of hire.
10.2 Rates of Accrual:
Number of Days Per Year
(a) For the first five years of continuous service
10
(b) After completing five years of continuous service
15
(c) After completing ten years of continuous service
20
(d) After completing 15 years of continuous service
21
(e) After completing 20 years of continuous service
22
(f) After completing 23 years of continuous service
23
(g) After completing 24 years of continuous service
24
(h) After completing 25 years of continuous service
25
(i) After completing 30 years of continuous service
30
This provision is contingent on District -wide application. Any enhancements or
improvements shall apply District wide. This application shall pertain solely to Title 10.2
and shall not be precedent setting.
(1) New employees that are hired as full-time and regular will be given forty (40) hours
of vacation leave at the start of employment, in addition to the regular vacation leave
accrual per section 10.2.
10.3 Consecutive Days: All vacations will be taken on consecutive days, in no less than
weekly increments, unless otherwise agreed to by the District and the employee.
10.4 Termination: Any employee who leaves District employment before taking the
employee's regular scheduled vacation will be entitled to receive full pay for any accrued
vacation.
10.5 Vacation Scheduling: Vacation leave may be scheduled by mutual agreement between
management and employees. A sign-up sheet shall be posted in the District offices from
November 15 to December 15 of each year. During this time, employees may designate
their choice of vacation periods for the twelve-month period beginning on January 1 of
each year. Whenever possible, the conflicting or overlapping employee vacations which
are listed on the sign-up sheet from November 15 to December 15 shall be resolved on
the basis of seniority. If, during the November 15 to December 15 timeframe, any
employees fail to designate their choice of vacation time, then the scheduling of their
vacation shall be based, not on seniority, but on a first -come -first -served basis.
10.6 Carryover:
a) Employees may accumulate up to 360 hours of vacation leave, at which point the
20 MOU 2020 — 2024
employee will not accrue additional hours.
b) The District, at the employee's option, will compensate employees for accumulated
unused vacation leave hours up to the number of vacation hours actually taken during the
calendar year. Vacation leave will be paid at the employee's current rate of pay.
c) Effective 1/1/10, employees will have their existing accrued vacation hours placed in a
vacation bank. Banked vacation hours, at the employee's option, may be used for
vacation, paid out at the employee's current rate of pay (limited up to the equal amount of
vacation hours actually used during that calendar year), or left in bank until retirement or
termination from employment.
21 MOU 2020 — 2024
TITLE 11
SAFETY
11.1 Clothing/Safety Equipment/Tools: The District will furnish all hand tools and any
specialized safety devices necessary to perform an employee's assigned duties. Every
effort will be made by the employee to maintain them in good condition because an
employee's safety is dependent upon the District provided equipment.
This is a prospective benefit. If an employee leaves prior to mid -year (other than medical
retirement), a prorated amount shall be returned to the District by the employee.
a) In lieu of providing boots and specialized clothing, the District will issue an annual check
in the amount of $575 to each employee currently assigned to positions that have
traditionally received such items.
(1) In the event the District reassigns any employee to perform duties which require
boots and/or specialized clothing and that employee has not received the benefit as
described in Section 11.1(a), the District will provide all necessary boots and/or
specialized clothing.
(2) The clothing allowance for any employee designated by the District, as a backup
Meter Reader shall be $575 for the year said employee was designated as such.
For each successive year with this designation the backup Meter Reader shall
receive $290. If in any year the backup Meter Reader receives more than 1040
hours of upgrade to Meter Reader the clothing allowance for that year shall be
$575.
(3) Effective January 2021 and each January thereafter for the life of this Agreement,
the annual check amount for boot and specialized clothing shall increase by two
and one-half percent (2.5%) each year.
b) The District shall provide one (1) pair of prescription safety glasses per year to all
employees who require prescription glasses. Prescription glasses damaged on the job will
be replaced at no cost to the employee. Exams required for prescription safety glasses
will be covered under 19.2(j) of the MOU.
11.2 Safety Meetings: Safety meetings will be prepared and conducted during the course of
regular working hours by a person designated by management. Approximately two (2)
regular working hours each month will be allowed for this purpose.
11.3 Safety Responsibilities: The District will make reasonable provisions for the safety of
employees in the performance of their work. Employees will jointly cooperate in promoting
the responsibility of the individual employee with regard to the prevention of accidents.
11.4 Safety Committee: The safety rules of the state having jurisdiction shall be observed by
the parties hereto. It is recognized that the employer has the exclusive responsibility for
providing a safe and healthful work place. To assist the employer in maintaining an
effective and continuing safety program, a permanent joint safety committee shall be
established, consisting of two (2) members appointed by the Union and two (2) members
22 MOU 2020 — 2024
appointed by the District Manager. The safety committee shall be granted four (4) hours
per month to meet during normal business hours to conduct its business. Every six (6)
months it will conduct a walk -around safety inspection of District premises and will
recommend, in writing to the Manager, any corrective measures it deems necessary. It is
understood that such committee shall serve in an advisory capacity only and will in no way
assume any responsibility for the safe operation of the District.
11.5 Safety Rules: The District reserves the right to draft reasonable safety rules for
employees and to insist on the observance of such rules.
11.6 Rubber Gloving
Rubber gloving shall be implemented provided the following terms are satisfied:
1) Union approved safety manual in place before implementation.
2) Rubber glove increase retroactive to 1/1/06: 6.50%
3) Crew involved in work agrees unanimously to use rubber gloving procedures.
4) Rubber glove effected employees vote on rubber glove clause separately.
5) Included classifications:
a. Foreman
b. Substation lineman
c. Leadman
d. Lineman
e. Apprentice lineman
23 MOU 2020 — 2024
TITLE 12
PERSONAL DISABILITY LEAVE & INDUSTRIAL DISABILITY LEAVE
12.1 Definition of Paid Sick Leave: All District employees are entitled to accrue, or to
be granted, paid sick leave as described in Section 12.2, below. District
employees may take paid sick leave for the diagnosis, care, or treatment of an
existing health condition of, or preventative care for, an employee or an employee's
family member, or for any other reason required by law. For purposes of this
Section, "family member" is defined as: child, parent, spouse or registered
domestic partner, sibling, grandparent, or grandchild.
12.2 Eligibility and Accrual/Grant: Full-time regular employees will accrue unlimited
paid sick leave from the date of hire at the rate of one (1) day per month for each
month the employee remains in a pay status (12 days per year maximum). When
an employee is in a non pay status for a full pay period the employee no longer will
accrue leave credit.
All District employees in any status other than full-time regular employment are
granted on their date of hire, and annually thereafter, 24 hours (or three days) of
paid sick time which may be used beginning on their 90th day of employment. Any
unused granted paid sick time is not carried over into the following year.
Paid Sick Leave Cash -out Plan: On December 1 of each year, full-time regular
employees may request to cash out [or convert to compensatory time off] 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. Except as described above, and except as allowed
in Title 19.2.i, unused accrued or granted paid sick time is not paid out at any time,
including at separation of employment for any reason. Except that upon retirement,
accrued unused sick leave may be eligible to be applied to service credit consistent
with CalPers requirements.
12.3 Evidence of Illness/Injury: The District may require medical verification
supporting the need for the employee to take paid sick time in excess of five
consecutive work days.
12.4 Abuse of Paid Sick Leave: If the District believes that an employee may be
abusing the paid sick leave provisions, the District shall counsel said employee
regarding its concern. If the employee continues to use sick leave in a manner
that concerns the District, the District may place the employee on sick leave
probation, as described in Section 12.5. In determining whether an employee has
abused the paid sick leave provisions, the District shall not consider any conduct
that occurred more than two (2) years prior to the time at which the District is
investigating possible abuse by an employee. If a grievance is filed by an
employee in response to counseling regarding abuse of sick leave, the District
shall not place the employee on Paid Sick Leave Probation until Step 3 of the
grievance procedure (Title 14) has been completed.
12.5 Paid Sick Leave Probation: Paid Sick Leave Probation shall extend for whatever
period of time determined by the District, up to 180 calendar days. An employee
on Paid Sick Leave Probation may be required to provide to the District, at the
24 MOU 2020 — 2024
employee's expense, satisfactory written medical evidence for every day or portion
of a day on sick leave. Failure to promptly provide such written evidence shall be
grounds for discipline, including discharge.
12.6 Holidays: If a District -paid holiday falls on a regularly -scheduled work day of an
employee who is using authorized paid sick time, and the employee is otherwise
eligible to take the paid holiday, the employee will receive the paid holiday rather
than having the day deducted from their accrued paid sick time.
12.7 Industrial Disability Injury/Illness Leave:
(a) When an employee is absent due to work -related injury or illness which
falls within the application of the Workers Compensation Chapters of the
State of California Labor Code, employee will be entitled to Industrial
Disability Leave for the duration of such temporary disability. Such benefits
will begin with the first day of medically -required absence following work -
related injury/illness. The combined amount of District -provided paid
Industrial Injury/Illness leave and Workers Compensation benefits payable
for each day of absence will not exceed 100% of the eligible employee's
basic daily wage.
(b) An employee who is temporarily unable to perform their job due to work -
related injury/illness or who is absent by reason of industrial disability, may
be returned to work and provided temporary light duties within his/her ability
to perform. The duration of any such period of temporary light -duty work
shall be determined by District. Employees shall be compensated at the
rate of their regular classifications while engaged in such temporary light
duty.
(c) An employee who is temporarily medically precluded from performing their
usual job by reason of non -industrial disability may be returned to work and
given temporary light duties within his/her ability to perform. The duration
of any such period of temporary light -duty work shall be determined by
District. Employees shall be compensated at the rate of pay of the
classifications to which they are temporarily assigned for light duty.
12.8 Limitations: The total benefits to be paid for any combination of Paid Sick Leave
and Industrial Disability Leave will not exceed 100% of normal straight -time
earnings, less any benefits due from Workers Compensation, State Disability
Insurance, Social Security Disability provisions, and/or any other District paid
benefit program to which the employee may be entitled.
12.9 Return to Work: Prior to the employee's return to work following a medical leave
of longer than five days, the District, in its discretion, may require a doctor's release
to return to work.
12.10 Use of Accrued Paid Time off During Medical Leave: During an employee's
medical leave, they are required to use all accrued or granted paid sick leave. If
the employee must remain on medical leave once any paid sick leave is
exhausted, the employee is then required to exhaust accrued paid vacation time,
to the extent permitted by law. The sole exception to this exhaustion requirement
is the employee can leave up to five (5) days of accrued paid vacation on the books
25 MOU 2020 — 2024
and continue on medical leave without pay, subject to the provisions of Title 9.5.
26 MOU 2020 — 2024
TITLE 13
RIGHT TO REPRESENTATION
13.1 Right to Representative: If District management conducts an investigatory interview with an
employee and a significant purpose of the interview is to obtain facts to support discipline that is
probable or that is being seriously considered, then if the employee requests, employee shall be
entitled to have a Union representative present during such investigatory interview. Upon request
by an employee, District management shall either permit a Union representative to be present or
discontinue the investigatory interview. This right shall not apply to situations in which the
employee is merely given instructions, training, correction of work techniques, a warning, or when
discipline is imposed without the employee being questioned by District management in order to
obtain facts to support discipline of the employee. This Section 13.1 is intended to be a
restatement of current State law, and is not intended to enlarge the rights granted by current State
law.
27 MOU 2020 — 2024
TITLE 14
GRIEVANCE PROCEDURE
14.1 Definition: A grievance is defined as meaning any dispute regarding the application of
the following:
(a) The terms of this Memorandum of Understanding.
(b) The discharge, demotion, or discipline of an individual employee.
(c) This procedure does not apply to instances of dissatisfaction by employees over their
wage rates once such rates have been established by action of the District's Board of
Directors following the meet and confer process. (Subsection reformatted 1991)
14.2 Representation: In initiating and prosecuting a grievance, any individual employee shall
have the right to present grievances to the District and to have such grievance adjusted
without the intervention of Union, provided that the adjustment shall not be inconsistent
with the terms of this Memorandum of Understanding, provided that Union's Business
Representative shall be given an opportunity to be present at such adjustment, and
provided, further, that grievances settled by individual employees without representation
by Union Officials shall not bind the Union to an interpretation of this Memorandum of
Understanding.
14.3 Time Limits: The time limits specified below may be extended for a reasonable period of
time to a definite date and time by the mutual consent of the involved parties. The party
requesting the time extension shall make such request in writing and submit for
consideration. Time extensions will be valid only with signed approval from both parties.
The failure by the involved employee to meet any specified applicable time limit will
constitute a withdrawal of the grievance. The failure by the involved employer
representative to meet any specified applicable time limit will entitle the involved employee
to take the next step in the grievance procedure.
14.4 Grievance Procedure Steps:
Step 1: The employee, and/or an employee organization official if desired by the
employee, shall discuss the issue with the immediate supervisor.
Step 2: The employee, or an employee organization official if desired by the employee,
shall reduce the issue to writing and refer the matter to the General Manager of the District
within 20 working days after the facts or circumstances giving rise to the grievance are
available to the employee, or in the case of disciplinary action against the employee, within
ten (10) working days after (1) the employee is given written notice of the discipline, or (2)
a written determination is made after a pre -disciplinary review, whichever date is later in
time. The written grievance shall state the facts, identify the provisions of the MOU alleged
to have been violated, and state the desired remedy. If necessary to resolve the issue,
either party may request that an informal meeting be held in order to gather pertinent
information. If the dispute is resolved, it shall be reduced to writing and jointly executed
by the parties. If the dispute is not resolved within ten (10) working days after the General
Manager's receipt of referral, then the employee shall immediately proceed to the next
step.
Step 3: The employee, or an employee organization official if desired by the employee,
shall, within fifteen (15) days of the General Manager's receipt of the referral in Step 2,
28 MOU 2020 — 2024
refer the issue, in writing, to the District's Board of Directors. The Board shall respond, in
writing, within ten (10) working days after its next regularly scheduled Board meeting.
Step 4: (a) The employee, or an employee organization official if desired by the employee,
shall refer the issue to Advisory Arbitration within twenty (20) working days after receipt of
the District's response in the foregoing step. The parties shall cooperate in the prompt
appointment of an Advisory Arbitrator. If the parties fail to agree upon the Advisory
Arbitrator, either party, upon written request to the other, may request the Federal
Mediation and Conciliation Service to provide the parties a panel of seven (7) Arbitrators.
Upon receipt of such panel the parties will proceed promptly to select an Advisory
Arbitrator by alternately striking one name from the panel. The last remaining shall serve
as the Advisory Arbitrator. The Advisory Arbitrator shall make a written recommendation
to the Board of Directors with respect to the issue submitted for arbitration. The Board of
Directors shall issue a final written decision within ten (10) days of the receipt of the
recommendation. The cost of Arbitration shall be equally borne by the District and the
referring party, except each party shall assume the cost of their presentations.
The following rules shall apply at the arbitration: Oral evidence shall be taken only on oath
or affirmation. Each party shall have the right to call and examine witnesses, to introduce
exhibits and to cross-examine opposing witnesses on any relevant matter even though
the matter was not covered in the direct examination. If the employee does not testify in
employee's own behalf, employee may be called and cross-examined. The hearing shall
not be conducted according to technical evidence rules. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons are accustomed to rely
in the conduct of serious affairs, regardless of its admissibility in civil actions. Hearsay
evidence, otherwise inadmissible in civil actions, may be used for the purpose of
supplementing or explaining other evidence, but shall not be sufficient in itself to support
a finding.
(b) This disciplinary appeal procedure may be utilized by all bargaining unit employees
who have been disciplined by the District (excluding written reprimands) and for disputed
employee promotions.
If the Union is not satisfied with the General Manager's response in step 3 of the grievance
procedure, 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 General Manager'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. The parties or
their representatives shall alternately 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
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 labor agreement between the
parties.
29 MOU 2020 — 2024
Note: An employee disputing a penalty of a suspension without pay in excess of five (5)
days pay during a twelve (12) month period, or a discharge shall forego Step 1 and 2 of
this procedure.
30 MOU 2020 — 2024
TITLE 15
LAYOFF AND DEMOTION PROCEDURE
15.1 Contract Work: Nothing contained herein will be construed as limiting the right of the
District to determine the methods of its operation, the amount of production, the number
of employees in total or in specific classifications of work. However, the District agrees
that in no case will it lay off employees as the result of work contracted.
15.2 Notice: When it becomes necessary to lay off employees due to lack of work, the District
will give employees concerned as much notice as possible except in the case of temporary
employees where no notice is required.
15.3 Layoff and Rehire:
(a) When it becomes necessary to reduce the work force, senior employees will be
retained provided they have the necessary skill and ability to perform the required work
as evidenced by passing a job related test and further provided they can perform the work
efficiently at the completion of the three (3) month probation/orientation period.
(b) Employees may displace junior employees in another classification, provided the
requirements in (a) above are met, prior to being laid off. Any employee displaced out of
a classification may, in turn, also exercise the foregoing option. In no event may an
employee displace another employee with more seniority.
(c) The District shall make a reasonable effort to notify employees on layoff of all job
vacancies which occur within twelve (12) months following layoff. Consideration for rehire
shall be in order of District seniority.
(d) Employees rehired in the twelve (12) month period will be reinstated with all benefits
for which they previously qualified except in the case of a temporary employee where no
rehire status is necessary.
Enabler: Both the District and the Union recognize that there will arise situations with
respect to employees displaced by new technologies or revisions of operational
procedures; therefore, by written agreement between the District and the Union, special
provisions may be substituted for the provisions of this procedure.
15.4 Journeyman: Journeymen, linemen and line working foremen who are reassigned to
apprentice work will retain journeyman status.
31 MOU 2020 — 2024
TITLE 16
EMPLOYMENT STANDARDS AND JOB VACANCIES
16.1 Preamble: The District shall determine the work to be accomplished in providing services
to the customers of the District, and may set written standards of reasonable performance.
The District retains the right to organize and direct the work and to determine job
descriptions.
16.2 Employee Competency: The District is the judge as to competency and fitness of
prospective employees for promotion or transfer, and of the satisfactory performance of
work by any employee.
16.3 Consideration:
(a)(1) In determining qualifications of an employee or prospective employee for
appointment, transfer, promotion, or demotion, the District may employ such oral, written
or practical tests provided any test used shall be job performance related. To the extent
that the District chooses to use written testing to determine qualifications for employment,
and recognizing that job related tests are difficult to prepare with current District staff, the
District shall use mutually agreed upon third party testing services to the extent practical.
Notwithstanding the foregoing, other tests may be utilized by agreement between the
District and the Union.
(a)(2) There shall be two (2) types of seniority, Occupational Group Seniority and District
Seniority. District Seniority shall be defined as total length of continuous service with the
District as determined in accordance with 3.1. District Seniority shall be used as the basis
for determining such benefits as sick leave, retirement, vacations and protection against
demotion and lay-off. Occupational Group Seniority shall be defined as the total length of
service in one of the occupational groups shown in this section below. It is understood that
the Occupational Groups have no relationship to "departments" as used in prior contracts
nor in any way limit the right of the District to arrange positions within the organization.
(a)(3) When there is a tie in seniority between two (2) bidders for the same job, the tie
must be broken. A person representing the District and a representative of the Union will
meet and have a coin toss. This will determine which of the bidders will be offered the
position. The Union representative will decide which side of the coin (heads or tails) will
represent which employee. The District representative will then toss the coin and
whichever side (heads or tails) comes up that bidder will be offered the position. This
procedure will be used each time there is a tie in seniority even if it has been used to
break a tie between the same two (2) employees in the past.
(b)(1) For the purpose of this section, Occupational Group Seniority shall be defined as
the total length of service in one (1) Occupational Group. Occupational Group Seniority
shall be used in determining the preferred bidder within that Occupational Group, except
in filling vacancies for positions identified in Section 16.3 (b) (3).
(b)(2) In filling vacancies, the District shall post the vacancy per Section 16.4. Upon the
completion of a written, physical, and/or practical test, the vacancy shall be filled by the
candidate meeting the District's minimum qualifications and Occupational Group
Seniority. If there are no qualified Occupational Group bidders, then upon completion of
a written, physical, and/or practical test, the candidate shall be appointed based upon
32 MOU 2020 — 2024
seniority with the District. The following positions shall be subject to the requirements
specified in Section 16.3 (b) (2).
Electric Occupational Group
Journeyman Lineman
Lead Lineman (Seniority for this position will be based on time spent as a Journeyman
Lineman or higher at TDPUD)
Apprentice Lineman
Groundman
Electrician/ Meter Technician
Water Occupational Group
Water Service Technician
Water Leadman (Seniority for this position will be based on time spent as a Water
Service Technician or higher at TDPUD)
Water Quality Technician
Water Service Technician -in -Training
Helper I
Helper 11
Administration Services Occupational Group
Work Order Specialist
Accounting Specialist
Billing Specialist
Customer Service Lead
Senior Clerk
Customer Services Representative
Meter Reader/Collector/Service Technician
Meter Reader/Customer Service Representative
Conservation Occupational Group
Customer Service Representative
Support Services Occupational Group
Mechanic
Warehouse/Utility Worker
Facility Maintenance Technician
Assistant Mechanic -in -Training
Engineering Intern
(b)(3) The following positions are not subject to Section 16.3 (b) (2), but the District will
test the employees who bid for the position and meet the minimum qualifications of the
job description using any combination of testing methods, including written, oral, physical
or practical. The General Manager shall select the successful candidate. This selection
shall be based on the employee ranking developed in the previous step of this process,
the candidate's leadership ability, and the candidate's communication ability.
Electric Occupational Group
Lead Inspector
Electric Foreman
Electrician/Meter Technician Foreman
33 MOU 2020 — 2024
Construction and Maintenance Inspector
Substation Lineman
Substation Lineman/Inspector
Electrical Technician
Water Occupational Group
Lead Inspector
Water Foreman
Senior Water Quality Technician/Inspector
Inspector for Pipeline Construction
Contract Administrator
Planner Estimator Inspector
Administration Services Occupational Group
Accounting Supervisor
Billing/Customer Service Supervisor
Customer Service/Collection Supervisor
Work Order Accounting Supervisor
Meter Reader Coordinator
Conservation Occupational Group
Conservation Programs Specialist
Support Services Occupational Group
Vehicle Maintenance Foreman
Buyer
16.4 Notice of Vacancy:
(a) When new positions are created, additional positions are created, temporary positions
are reclassified as regular, or any vacancy occurs other than a temporary position as
defined in Section 3.4 (b) of the MOU, the District shall post the positions available. Such
notice shall set forth the number of vacancies, the classifications, the job descriptions, the
qualifications required, tests required, the rate of pay and the closing date for receipt of
applications.
Clerical positions shall be posted identifying the Department in which the vacancy occurs.
Any employee as defined in Section 3.4 (a) (c) and (d) may apply for consideration in the
filling of such vacancies and the District shall accept for consideration any application
received prior to 4:30 PM on the closing date. Employees will have at least forty-eight
(48) hours excluding Saturdays, Sundays and holidays in which to apply
(b) During the last two weeks of January each year, the District will post notice that the
pre -bid lists are open for each bargaining unit position at the District. Employees will have
10 working days to sign the pre -bid lists located in the Human Resources office.
For the purposes of bidding, employees will be considered to have bid a position if they
have signed the pre -bid list that year should a position become open. The pre -bid list will
be effective until the next pre -bid lists are issued.
(c) Within 30 days of a vacancy of a permanent position, the District will either post the
position or notify the Union in writing that the position will not be filled.
34 MOU 2020 — 2024
16.5 Employee Appointments:
(a) Employees appointed to a new classification within the District shall have a period of
ten (10) working days to elect to return to their previous classification and wage rate.
(b) Regular employees who are appointed to fill vacancies shall be placed on
probation/initial orientation in the new position for a period of three (3) months. At any
time during this period either the employee or the District may terminate the appointment.
Employees in a probationary/initial orientation status are ineligible to bid other vacancies.
16.6 Terminated by Employee: If the appointment is terminated by the employee, the
employee may, if qualified, fill the vacancy created by the coincidental promotion of
another employee or in the alternative shall be either: (1) returned to employee's previous
classification and wage rate provided that a vacancy exists; (2) transferred to some other
classification mutually satisfactory to both the employee and the District provided a
vacancy exists; or, (3) laid off with rehire rights as provided for in Section 15.3.
16.7 Terminated for Unsatisfactory Performance: If the appointment is terminated because
of unsatisfactory performance, the same considerations as provided for in Subsection 16.6
will apply. In lieu of layoff, the employee may, if qualified, elect to follow the demotion
procedure set forth in Title 15.3(b).
16.8 Position Eliminated: If the appointment is terminated because the position is eliminated,
the employee's status will be determined by employee's seniority and qualifications as
provided for in Title 15, Section 15.3.
16.9 Notice of Filling:
(a) If the District receives no applicants for a job posting, the District will, within five (5)
working days, post a notice to that effect on the District bulletin boards.
(b) The District shall appoint the successful applicant to the posted position within twenty
(20) working days following the completion of the selection process as provided in Section
16.3(a). Notice of the appointment, including the name of the appointee, shall be posted
on the District bulletin boards at that time.
(c) The Union Business Representative and Shop Steward(s) shall be promptly notified of
any employee who is bypassed and the related reasons.
16.10 Employee Development Program
(a) There will be established an employee development program, the goal of which is to
assist employees to become highly competent in their current positions and to provide
guidance to them in choosing training to become qualified to move into new positions and
vacant positions which become available at the District.
(b) With respect to positions held by current District employees, the District will provide
training to the incumbent employee in order to maintain and improve performance and to
integrate preferred technologies and work processes into District operations.
(c) The District may, at its discretion, provide cross training to employees who are located
within lateral or lower positions. The purpose of cross training is to provide back-up support
for employees so that District functions are continued during periods of employee absence
35 MOU 2020 — 2024
or during peak periods of need.
(d) The District shall prepare for each position a description of the training that would
enhance the skills and ability of an employee desiring appointment to that position at a
future time. Employees are encouraged to successfully complete training at their own time
and expense in order to be better prepared for positions they may be interested in applying
for in the future.
(e) It is recognized that on-the-job training and temporary upgrades are integral and
unavoidable aspects of performing routine District functions and result in an employee
having knowledge beyond his or her job classification. This knowledge and experience is
valuable to the District and may be considered in Section 16.3(b)2.
(f) The guidelines for District reimbursed expenses are as listed in the table below.
All expenses are to be pre -approved by the District as to cost, category and schedule.
Guidelines
Books/Material
Registration
Test
Fees
Travel
Wages
6.5 (g)
District Required
Yes
Yes
Yes
Yes
Yes
Yes
Job Related / Not Required
Yes
Yes
Yes
No
No
No
Natural Progression
Yes
Yes
Yes
No
No
No
Not Natural Progression
No
No
No
No
No
No
Conferences
Yes
Yes
Yes
Yes
Yes
Yes
(g) The District will reimburse employees for books and tuition for Spanish language
classes. To qualify for reimbursement, the class must be a class that grades and the
employee must achieve a grade of "B" or better.
36 MOU 2020 — 2024
TITLE 17
DISCIPLINARY ACTIONS
17.1 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:
• The reduction of involuntary terminations.
• The avoidance or minimizing of misunderstandings between supervisory and non -
supervisory personnel.
• Ensuring that personnel are provided with notice of unacceptable conduct in sufficient time
to permit self -correction and improvements.
• Ensuring that documentation is maintained and available to support management's
position in the event of discriminatory charges.
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.
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:
1. Improper or unauthorized use or abuse of sick leave;
2. Excessive absenteeism;
3. Being absent without authorization; repeated tardiness or leaving without
authorization.
4. Violation of District policies, rules or procedures;
5. Insubordination, disobedience, or failure to carry out any reasonable order;
6. Acceptance of gifts or gratuities in connection with or relating to the employee's duties;
7. 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;
8. Falsifying information related to employment application, payroll or any other work
related record or report;
9. Discourteous or inappropriate treatment of the public or District employees;
10. Violation or neglect of safety rules or common safety practices;
11. Theft, dishonesty, or fraud;
12. Physical altercations or acts of aggression;
13. Engaging in discriminatory or harassing behavior in violation of state/federal laws
and/or District policy;
14. Substandard or inadequate job performance, including failure to perform assigned
tasks or training, or failure to discharge duties in a prompt, competent, and reasonable
manner;
37 MOU 2020 — 2024
15. Violation of the District's policies regarding drugs, alcohol, and/or tobacco use;
16. 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.
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.
Forms of Disciplinary Action:
1. 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.
This document shall be removed from the employee's personnel file after a period of 24-months,
provided the employee has received no further related disciplinary action during the 24-month
period.
2. Written Reprimand — The written reprimand is a written record of discipline, that is usually, but
not always, issued after a previous verbal reprimand. The employee is advised that his/her
behavior is below standard and that continuation or repetition of that behavior shall result in
more serious disciplinary action. The written reprimand shall specifically cite the substandard
conduct and, where appropriate, reference the particular Code or Policy that has been violated.
A copy of the written reprimand shall be provided to the employee and a copy placed in the
employee's personnel file. The employee shall be permitted to file a written response, the
original being directed to the department head and a copy filed in the employee's personnel file.
38 MOU 2020 — 2024
This document shall be removed from the employee's personnel file after a period of 24-months,
provided the employee has received no further related disciplinary action during the 24-month
period.
3. 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. 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.
5. 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.
6. 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.
7. 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.
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:
1. The employee receives advance notice of the proposed disciplinary action.
2. The notice states the reasons for the proposed action.
3. The notice contains the charges upon which the proposed action is based.
4. The employee is allowed access to any materials upon which the proposed action is
based.
5. 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.
39 MOU 2020 — 2024
Skelly Notice
The notice requirements of Skelly are as follows:
1. The Skelly notice shall be in writing.
2. 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.
3. The letter shall contain the notice of the proposed disciplinary action intended to be taken.
4. 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.
5. 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.
6. The notice must advise the employee of his/her right to respond to the charges, either
orally or in writing.
7. The notice must advise the employee of his/her right to representation if he/she elects to
respond.
8. The notice will advise the employee that discipline may be imposed whether or not he/she
responds to the charges.
Skelly Meeting
The Skelly meeting, if the employee elects to have a meeting, shall be conducted as follows:
1. The General Manager (hereafter "Skelly Officer") shall chair the meeting.
2. The Skelly Officer shall establish that the employee has received the Skelly notice and
understands the charges set forth therein.
3. The Skelly Officer shall make available any documents which were considered in
determining the charges and proposed disciplinary action.
4. The employee or his/her representative shall be given the opportunity to respond to the
charges and proposed action.
5. The employee or his/her representative shall be given the opportunity to make final
comments regarding the proposed action.
6. The Skelly Officer shall close the meeting by indicating that he/she will consider all
statements and/or documents, which may have been presented prior to determining the
final action.
The General Manager will determine whether the charges have been sufficiently established and
the appropriateness of the level of the proposed disciplinary action.
Action Letter
Following the Skelly meeting, the Skelly Officer will promptly prepare a letter containing all of the
following:
1. 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.
2. The specific District policy and/or particular portion of the "Causes for Disciplinary Action"
40 MOU 2020 — 2024
which were violated should be cited.
3. The discipline imposed may not exceed the maximum stated in the Skelly letter.
4. 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.
41 MOU 2020 — 2024
TITLE 18
INCLEMENT WEATHER PRACTICE
18.1 General: Employees who are unable to work in the field because of inclement weather
or other similar causes will receive pay for the full day provided they have reported for
duty. However, they may be held pending emergency calls and may be given first aid,
safety, or other instructions. In addition, they may be required to perform miscellaneous
work in warehouses or other sheltered locations. Temporary employees under the same
conditions will receive pay for the time worked or held on District property or when ordered
to standby. They will not be paid in any event for less than four (4) hours.
18.2 Determination of Weather Conditions: Management will determine weather conditions
that warrant cessation of outside work. In arriving at a decision, the following will be taken
into account:
(a) Employee safety.
(b) Operating requirements.
(c) Undue hazards.
(d) Service to the public.
(e) Job site working conditions.
(f) Anticipated duration of time required to leave unfinished job in a safe condition.
(g) Anticipated duration of inclement weather.
(h) Distance from job site to operating headquarters.
(i) Any other pertinent factors which, in management's opinion, should be taken into
account in reaching a decision relative to stopping or continuing work.
42 MOU 2020 — 2024
TITLE 19
EMPLOYEE BENEFIT PROGRAM
19.1 General: While this Memorandum is in effect, the District will not alter the overall level of
service or benefits of any of the programs identified below unless otherwise agreed by the
Union. The District maintains the right to make administrative, plan and/or vendor changes
that will not materially affect the employees' benefit or overall employee cost of such
benefit. Should the Union believe the District has made a change that does not fit within
the confines of the paragraph it is hereby granted access to the grievance procedure or
as an alternative may demand to open bargaining. A demand to bargain shall be limited
to this issue only.
Employees can select a lower -priced High -Deductible Health Plan (HDHP). If selected,
the District will contribute a percentage of the cost savings between the PPO and the
HDHP to the employee's Health Savings Account. The above referenced percentage is
currently 70% of premium. Should the District modify this to a lower percentage,
employees who have selected this option shall have the opportunity to change their choice
of medical plan options prior to the implementation of the new percentage.
19.2 Contributions:
(a) Group Medical Insurance Plan Including Drug Card Program: The District
will pay 100% of the premiums for employees and dependents for plan year 2020.
Effective Plan Year 2021, and 2022 employees shall contribute $25 per month
towards the cost of medical insurance. Effective Plan Year 2023 and
thereafter, employees shall contribute $50 per month towards the cost of
medical insurance. The NRECA Preferred Provider Organization (PPO) plan
agreed upon includes a $2,000/$4,000 out of pocket annual maximum for Out -of -
Network charges, a $400/$800/$1200 in -network deductible and
$800/$1600/$2400 out -of -network deductible, utilization review/cost containment
SHARE features, medical management provisions, generic drugs at $10.00, brand
name drugs at $20.00, mail service prescription drug program (co -payments for
brand name mail order prescriptions at $25.00, generic mail order prescriptions at
$10.00).
(b) If an employee receives medical insurance coverage through their spouse or a
partner, signs a District form electing not to receive (waiving) District paid medical
coverage and provides the District with satisfactory proof of insurance coverage,
effective January 1, 2020 the employee may opt out of the District provided
medical plan. Employees opting out of the District paid medical plan shall receive
a monthly stipend in an amount equal to $800 per month.
(c) The District will immediately notify the Union of any notice of proposed changes
provided from NRECA. District and Union agree to meet and discuss the impacts of said
changes to determine appropriate course of action.
(d) District will reimburse employee and dependents for the first day medical management
deductibles and the District will cover the 1 % claims processing fee. The District will
continue to fund medical insurance at the same level as their normal employment status
up to thirteen (13) weeks of disability.
43 MOU 2020 — 2024
(e) Cost Containment/Wellness Committee: Deleted 1/1/16
(f) NRECA Group Life Insurance Plan: The District will furnish "term insurance" equal
to three (3) times the annual straight time wage for each employee. Additional life
insurance may be purchased in accordance with the provider's requirements at the
employee's expense.
(g) NRECA 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 straight time
salary, up to a maximum monthly benefit of $10,000 after the thirteen (13) week elimination
period. Employee can use sick leave and vacation accruals in any combination to push
pay to 100% of normal wage (less SDI), during the first 13 weeks. After 13 weeks, when
LTD begins, employee can use sick leave and vacation accruals in any combination of
pay and cash to push pay to 100% and/or continue medical insurance on current plan.
(h) Retirement Plans: Effective January 1, 2013, the District was required to implement
the CA Public Employees' Pension Reform Act (PEPRA). The District and IBEW 1245
entered into a contract on November 5, 2012 to implement PEPRA and comply with AB340
and to mitigate the effects of AB340 on current and future employees, while not increasing
the CaIPERS cost to the District ratepayers. Additionally, both parties wish to minimize
financial inequality between the new employees on the 2% @ 62 plan with employees on
the 2.7% @ 55 plan.
CaIPERS will determine if a new employee is considered a "Classic Member" or a "PEPRA
Member."
Beginning on 1/1/13, all represented employees shall receive 1.89% of their wages in the
form of a District contribution into a Flexible Spending Plan. This amount will not be
reportable to CaIPERS as wages, and can be used at the employee's discretion.
Classic Members (employees hired on, or before December 31, 2012
1) The District will provide and maintain membership in the California Public
Retirement System (CaIPERS)
with all the optional benefits adopted 8-24-04.
a) Section 21354.5
2.7% @ 55 full supplemental or modified formula for local
miscellaneous members. (Effective 1/01/11)
b) Section 20938
Limit prior service to members employed on contract date.
c) Section 21024
Military service credit as public service.
d) Section 21536
Local system service credit included in basic death benefit.
e) Section 21540.5
Special death benefit for local miscellaneous members.
f) Section 20965
Credit for unused sick leave.
g) Section 21548
Pre -retirement optional settlement 2 Death Benefit
h) Section 21022
Public service credit for periods of layoff.
i) Section 21023.5
Public service credit for Peace Corps or Americorps
j) Section 21027
Military service credit for retired persons.
k) Section 21551
Pre Retirement Death Benefits to continue after remarriage
of survivor.
1) Section 20037
Final Compensation 3 Year.
m) Section 21329
2% Annual Cost -of -Living.
n) Section 20481
Local System Transfer
o) Section 20055
Prior Service.
2) The CaIPERS retirement plan was amended on 1/1/11 from the 2% @ 60 formula
to 2.7% @ 55 formula. Employees agreed to borne all increased costs for the
improved formula; the District would incur no additional costs; employees will share
44 MOU 2020 — 2024
in all future increases or decreases to the employer rate by 29.13% until the side -
fund liability is paid in full.
Effective 1/1/12 the employee's contribution rate will be 5.992% and will be
adjusted on July 1 st of each year by 29.13% of the change in employer contribution
rate. The District will inform IBEW 1245 annually of cost changes.
3) On June 30, 2011, the CaIPERS unfunded liability of $7,683,302 was refinanced
thru private placement bonds with scheduled pay-off due on 6/30/22. At that time,
the portion of the employee's contribution will be reduced accordingly.
4) Employees that were enrolled in the prior pension plan (pre 8-24-04 — known as
the Richardson Defined Benefit Plan) before membership with CaIPERS, have a
pre -retirement death benefit. If an employee dies prior to retirement, the District
will pay to his or her beneficiaries, the amount of the unfunded liability (as of 8-24-
04) from the prior plan plus interest (6% per annum). Each employee's unfunded
liability amount has been recorded and maintained in their personnel file.
5) Employees shall pay at least 50% of "normal cost" of existing 2.7% @ 55 plan, not
to exceed 8% wages, adjusted annually on July 1st of each year by the District,
based on cost data from CaIPERS.
6) District shall pay all remaining CalPERS employer and employee costs not
covered by the employees.
PEPRA Members:
1) For employees hired on, or after January 1, 2013 PEPRA requires that:
a) New employees (with no prior CalPERS membership within the past six months)
shall join in the 2% @ 62 plan and must pay at least 50% of "normal cost" of this
plan, up to 8% wages.
b) An annual salary cap for wages will be capped at $110,100 (adjusted annually
to social security contribution and benefit base).
2) Employees shall pay 50% of "normal costs" as defined by CaIPERS, not to exceed
8% of wages. Initial costs shall be based on CalPERS data, and annually adjusted
on July 1st of each year by the District, based on cost data from CaIPERS.
3) District shall pay all remaining CalPERS employer and employee costs not
covered by the employees.
4) Employee shall pay, and the District shall match, a percentage of wages equal to
the net employee cost of the 2.7% @ 55 Plan, plus the District contribution toward
a Flexible Spending Plan (1.89% as described above) less the 50% of the normal
cost of the 2% @ 62 Plan. This amount shall be adjusted annually by the District,
based on CalPERS data. The amount will be deposited to the employee's existing
ICMA or CalPERS 457(b) or 401(a) plans, as selected by the employee and of
which the employee has full control.
Other:
45 MOU 2020 — 2024
1) Under no circumstances will an employee hired on, or prior to, December 31,
2012 be allowed to transfer to the 2% @ 62 plan, unless they separate from the
District and have a six-month gap in service, and return to work at the District.
2) Additional funds in 457(b) or 401(a) accounts as described in Section 4(c) are
independent of any other Supplemental Income Plan (SIP) and will not be subject
to District matching.
Employee Separation from Employment at the District:
At the time of separation from employment at the District, all employee and District
contributions to CalPERS will be handled by CalPERS according to its vesting
regulations.
At the time of separation from employment at the District, all employee contributions
and District matching contributions that were contributed to the employees 457(b)
or 401(a) plans, as selected by the employee, and of which the employee will have
full control.
(i) Personal Disability Leave Sell Back: 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.
0) Vision Plan: The District will provide as follows:
The District will provide an annual benefit up to $400.00 per covered employee, spouse,
registered domestic partner 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.
(k) NRECA Group Dental: The District will furnish the NRECA Enhanced Dental Plan
with the Connection Dental PPO option. This plan will pay 100% of the reasonable and
customary charges for preventive and diagnostic services and 80% of the reasonable and
customary charges for basic services. There is no deductible. The plan will also pay 50%
of the reasonable and customary charges incurred for major services; however, each
covered individual must first satisfy a $50 annual deductible (the first $50 of reasonable
and customary charges incurred for major dental services during a calendar year). This
plan will not pay more than $2,000 per person in a calendar year for all preventive,
diagnostic, basic and major services received. (No orthodontic benefits are included in
this plan)
(1) Post Retirement Medical and Dental Benefits:
(1) 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
46 MOU 2020 — 2024
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, [or to an HRA
Heath Reimbursement Account as indicated below] as follows:
Percent of Premium Paid
Years of Service by District
10
50%
11
55%
12
60%
13
65%
14
70%
15
75%
16
80%
17
85%
18
90%
19
95%
20
100%
The post -retirement 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.
For example, a person retiring at age 55 with 19 years of service would have 95%
of the retiree and dependent caps paid by the District.
(2) The benefit paid by the District is capped as listed below:
Monthly Caps
Individual only
$ 600
Spouse only
$ 600
Child(ren) only
$ 600
Spouse & child(ren) only
$ 1,000
Medicare Rate
$ 500
If the premiums increase above the monthly cap, the retiree will pay the difference
between the new premium and their percent of benefit established upon retirement
multiplied by the cap. Example: A person retiring at age 55 with 19 years of service
would have 95% of the retiree and dependent caps paid by the District. If initially
the premium for individual only was $340, the retiree would pay 340 — (95% x $340)
= $17.00 If the premium increases to $500 while the cap is $475, the retiree would
pay 500 — (95% x $475) = $48.75.
(3) 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.
(4) If the retiree is paying for part of the medical coverage it will be done through an
electronic fund transfer from the retiree's account on a monthly basis.
47 MOU 2020 — 2024
(5) When the retiree is eligible for Medicare, it is mandatory that the retiree enroll for
Medicare Part B coverage.
(6) Should the District change the insurance plans or coverage through the collective
bargaining process, those will apply to retirees also.
(7) The vision benefit will remain the same without any monthly caps.
The District agrees that during the first four months of 2020, it will investigate the
possibility of placing all participants in the retiree medical benefit plan into an HRA
plan and contribute the amounts set forth above in this sub section "I" directly into
the HRA plan. If this investigation demonstrates that: 1) moving to an HRA program
does not diminish the available benefits/options available to employees,
specifically that the District's group health plan would continue to be an available
option for retirees, and 2) there would be no increase in cost to the District; then
the District will adopt an HRA plan for all eligible retirees.
19.3 Longevity:
(a) Schedule: In recognition of an employee's years of service completed by
December 31 of any year, the following annual longevity compensation schedule
will be recognized:
UPON COMPLETION OF YEARS OF
SERVICE
5 years
6 years
7 years
8 years
9 years
10 years
11 years
12 years
13 years
14 years
15 years
16 years
17 years
18 years
19 years
20 years
21 years
22 years
23 years
24 years
25 years
etc.
AMOUNT OF COMPENSATION
$250
$270
$290
$310
$330
$350
$370
$390
$410
$430
$450
$470
$490
$510
$530
$550
$570
$590
$610
$630
$650
etc.
After completion of five (5) years of service employees will receive $250. Continuing years of
service shall qualify for a $20 per year addition to this figure for the entire term of employment.
48 MOU 2020 — 2024
(b) Payment: Longevity payments will be made retrospectively as soon as possible after
the first pay period, 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.
(c) Governing Date: The date from which the employee was employed full time (regular
and continuous employment) shall be the governing date.
19.4 Continuing Negotiations: During the term of the Memorandum, the District and the
Union agree to meet periodically for the purpose of discussing a program of cost
containment and maintenance of benefit levels concerning the benefits listed in Sections
19.1 and 19.2
19.5 Tools:
a) Allowance: Notwithstanding the provisions of Section 11.1 of the agreement,
automotive mechanics are required to provide their own set of hand tools and boxes
necessary to perform their jobs. The District will provide to the mechanics an allowance
up to $1,000 per annum, payable upon presentation of approved invoices, for lost,
misplaced, damaged or worn tools through normal wear or new tools which may be
available to enhance the performance of theirjob. Hand tools acquired by the mechanics
using this allowance will remain the property of the mechanic.
This is a prospective benefit. If an employee leaves prior to mid -year (other than medical
retirement), the amount shall be returned to the District by the employee. If the employee
is on modified work duty at the time the original payment is made, the prospective benefit
amount will be pro -rated and paid only when the employee can perform the job without
modifications.
b) Insurance: No provision in Section 19.5.1 is intended to negate the District's
responsibility to furnish: 1) air tools, 2) specialty tools, and 3) shop equipment necessary
for the mechanic to perform his duties. In the event the mechanic has any of the above
three types of tools or equipment and agrees to use them while employed by the District,
the District, in lieu of purchasing said equipment, agrees to insure or self -insure and
replace said equipment for wear, misplacement, damage or loss, on an item for item basis.
Notwithstanding the above, the District reserves the right to limit the tools provided by the
mechanic on the District premises.
c) Replacement: The District will replace all tools and equipment mentioned in Sections
19.5.1 and 19.5.2 if they are lost or destroyed through a catastrophic event.
d) Inventory: The mechanic will be required to provide an annual inventory covering all
of the tools in 19.5.1 and 19.5.2 within 30 days of the District's request. Any additions to
the tool inventory must receive prior approval from the District's general manager. A copy
of the invoice will be provided to the general manager once the tool has been purchased.
49 MOU 2020 — 2024
TITLE 20
CLASSIFICATIONS AND WAGE RATES
The use of masculine or feminine genders or classifications herein will be construed
as including both genders and not as limitations.
20.1 Pay Period: District employees shall be paid bi-weekly.
20.2 Wage Range Placement:
(a) Employees moving into a classification having a higher wage range than their current
classification shall be placed in the wage step closest to, but not lower than, their current
wage rate.
(b) Employees moving because of lack of work or health reasons into a classification
having a lower wage range than their current classification shall be placed in the wage
step closest to, but not higher than, their current wage rate. For reasons other than
provided for in the foregoing, employees will be placed in the wage step commensurate
with applicable skills, knowledge and abilities.
20.3 Time Intervals: Step progression, as specified, represents the expected rate of
advancement. A step increase may be withheld if an employee is not making satisfactory
progress; in such event, the employee will be advised in writing as to the basis for denial.
20.4 General Wages: Wage Schedule for 2020 (Exhibit A)
2020 — Effective January 1, 2020 GWI of 5%.
2021 through 2023 — Effective January 1, of each year, a GWI of CPI-W based on the
October to October change for San Francisco -Oakland -Hayward, CA as calculated by the
Bureau of Labor Statistics with a cap of 5% and a minimum of 2%.
2024 — Effective, January 1, 2024, the District shall increase the wages of all bargaining
unit employees using the above formula, minus one percent (1 %). For example, if the
October to October CPI is 4%, the employees would receive a 3% pay increase. However,
under no circumstance shall the employees receive less than 2% in January 2024. For
example, if the CPI generates a formula of 2.5%, the employees would be entitled to a 2%
increase, not a 1.5% pay increase.
a. Effective upon ratification and Board approval, the classification of Lead Lineman shall
receive a wage increase from Range 34 to 35.
b. Effective upon ratification and Board approval, the classifications of Electric Foreman and
Electrician/Meter Technician Foreman shall receive a wage increase from Range 36 to
Range 37.
Effective upon ratification, employees shall receive a $1,500 lump sum bonus payment.
20.5 Position Reclassification: If the District reclassifies a position to a lower paying position,
the incumbent employee's wage shall be frozen until such time as the lower wage catches
50 MOU 2020 — 2024
up to the frozen wage. From that point on, the incumbent employee shall benefit from any
general wage adjustments that are negotiated.
20.6 Incentive for Water Certification: Employees within the water department (above the
Technician -in -Training level) will receive $350.00 per year per certification above what is
required within their job description, limited to Water Department personnel only, two
certificates per employee. This applies only to state treatment, distribution and cross
connection specialist certifications. Paid in a lump sum in January each year.
1. Upon written or electronic notification of completion of the requirements for the
certification from the State of California or AWWA. Employees will be paid a
prorated portion of the $350 for the current year. This will be based on the date
of certification.
51 MOU 2020 — 2024
TITLE 21
TERMS OF AGREEMENT
21.1 (a) Entire Agreement: This Memorandum of Understanding constitutes the sole, entire
and existing agreement between the parties. It expresses all obligations and restrictions
imposed on each of the respective parties during the term of the agreement and
supersedes all prior agreements and understandings, expressed or implied, between the
District and the Union or its members. However, the above will not in any manner preclude
the meeting and conferring on any issues mutually selected for discussion by the parties.
This Memorandum of Understanding shall not be amended or supplemented except by
agreement of the parties hereto, reduced to writing and duly signed by each.
(b) Successor Clause: This agreement is binding upon any successor in interest,
whether by merger, acquisition, consolidation or reorganization and upon any entity which
acquires title to any property or facility covered by this agreement whether by sale, transfer
or contribution to partnership or joint venture. Any agreement for a sale, transfer or
contribution of any such property or facility or agreement for merger or acquisition of the
interest of the District in any such property or facility shall include an express assumption
of this agreement. The District shall provide the Union with notice in writing prior to the
close of any sale, acquisition, merger, consolidation, reorganization, transfer or
contribution covered by this provision, which shall include a copy of the assumption of this
agreement to be contained in any such agreement for sale, acquisition, merger,
consolidation, reorganization, transfer or contribution of any facility or property covered by
this agreement.
21.2 Term: Unless otherwise specified, the MOU shall continue in full force and effect until the
last day of December, 2024, and thereafter from year to year unless written notice of
change or termination shall be given by either party to the other during the period of
September 1 to October 31, prior to the expiration date above or the expiration date of any
year thereafter, in which event the parties will commence discussion of any proposed
amendments as soon as practicable after such notice has been given. During the period
of discussion, and until such time as any agreement is reached or impasse is reached, the
status quo will be maintained. If, after good faith negotiation, the District and Union reach
an impasse then either party may contact the State Mediation and Conciliation Service to
assist in reaching final agreement.
21.3 Conflict of Law: Any provision of this MOU which may be in conflict with any governing
law, governing regulation, or governing executive order, shall be suspended and
inoperative to the extent of and for the duration of such conflict. The balance of the MOU,
however, shall remain in full force and effect. Whenever any provision of this MOU is
effected as set forth above, either party may, by giving thirty (30) days written notice to
the other, open negotiations on the subject of the affected provisions.
52 MOU 2020 — 2024
TRUCKEE DONNER PUBLIC UTILITY
DISTRICT
Dated:
President, Board of Directors
Michael D. Holley
General Manager
Joseph Wiley
Chief Negotiator
Joe Horvath
Electric Utility Director
Brian Wright
Assistant Water Utility Director
LOCAL UNION 1245
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS AFL-CIO
Dated:
Shannon Hoyt
Negotiating Committee Member
Lisa Swartz
Negotiating Committee Member
Mark Mehler
Negotiating Committee Member
Tami McCollum
Negotiating Committee Member
Mike Venturino, Business Representative
Al Fortier
Chief Negotiator, Asst. Business Manager
Dylan Gottfried, Asst. Business Manager
Tom Dalzell, Business Manager
53 MOU 2020 — 2024
Attachment 2
SIDE LETTER AGREEMENT
This Side Letter Agreement is entered into between Truckee Donner Public Utility District
("TDPUD") and IBEW Local 1245.
WHEREAS a dispute has arisen as to whether the parties intended in their Tentative Agreement
dated December 13, 2020 regarding an increase in the Retiree Medical Benefit Cap Payments to
extend the increase in the Retiree Medical Benefit Cap Payments to those persons retired prior
to January 1, 2020;
WHEREAS the successor Memorandum of Understanding ("MOU") has not yet been adopted
by the TDPUD Board of Directors;
WHEREAS the parties seek to resolve this dispute without further meet and confer and by
allowing the Board of Directors to adopt the proposed Memorandum of Understanding,
notwithstanding the present dispute regarding interpretation of the terms of the December 13,
2020 Tentative Agreement, and without either party waiving their respective positions relating
to the above dispute.
NOW THEREFORE, the parties agree as follows:
1. If the Board of Directors adopts the proposed MOU, there shall be no adverse inference
regarding the Board's action.
2. The parties agree to submit the dispute regarding the intent of the Tentative Agreement
regarding the increase in the Retiree Medical Benefit Cap Payments for resolution under
Title 14, Grievance Procedure, of the Memorandum of Understanding.
3. By entering into this Agreement, neither party waives any procedural or substantive
arguments it may have regarding the prosecution or defense of this disagreement.
Dated: /3 " 3 —
t
For toeDonner Public Utility is yict
Dated: "0/3/2-69
By:._
4��/, /—�77 )
For IBEW 1245
Resolution No. 2018-02
ADOPTING AMENDMENTS TO THE DISTRICT CODE
TITLE 5
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes
to amend the District Code Title 4; and
WHEREAS, the District Code provides rules and regulations intended to convey a
comprehensive description of the manner in which the District operates, handles and
performs its personnel activity; and
WHEREAS, periodically, the District Code should be reviewed and updated to conform
to District Board directives, new applicable laws and regulations and improvements; and
WHEREAS, the District has undergone routine negotiations with employment groups;
and
WHEREAS, the revised version of Title 4 will bring the District's policies up-to-date and
will replace all preceding resolutions affecting such Titles.
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt
the amended District Code, Title 4.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public
Utility District in a meeting duly called and held within said District on the eighteenth of
March, 2020 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By:
Jeff Bender, President of the Board
ATTEST:
Shanna D. Kuhlemier, CMC, District Clerk
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.
{00873413.DOC 1 ) l Title 4,
Personnel
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 ReselI.r^^s 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.
{00873413.DOC 1 }2 Title 4,
Personnel
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.
{00873413.DOC 1 }3 Title 4,
Personnel
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_ OF the Human o seen.,
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.
{00873413.DOC 1 }4 Title 4,
Personnel
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 sae
Resources Manager.
The u -rA n Res^ rGes 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
{00873413.DOC 1 }5 Title 4,
Personnel
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 h r ng 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.
{00873413.DOC 1 }6 Title 4,
Personnel
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
{00873413.DOC 1 }7 Title 4,
Personnel
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 en-
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
{00873413.DOC 1 }$ Title 4,
Personnel
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
{00873413.DOC 1 }9 Title 4,
Personnel
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 Lonq-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 Percent District
Service Contribution
{00873413.DOC 1 }10 Title 4,
Personnel
10
50%
11
55%
12
60%
13
65%
14
70%
15
75%
16
80%
17
85%
18
90%
19
95%
20
100%
The maximum monthly contribution paid by the District is listed below:
Maximum Monthly Contribution
Retiree Only <65 years of age
$47 i 600
Spouse only <65 years of age
$47 i 600
Child(ren) only
"INK
Spouse & child(ren)only
$tea 1 000
Medicare 65+ years of age
$37-5 500
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.
{00873413.DOC 1 }11 Title 4,
Personnel
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 _ongeylty Bonus Formatted: Underline
5 -10 0.20% of base salary Formatted - Underline
10-15 0.30% of base salary
20 + 0.40% of base salary
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
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 BL rthday holiday shall be observed on a date chosen by the employee within
a tome peFied ef five (5) days pFieF te 9F five (5) days subsequeRt te the empleyee's hmi#h 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
{00873413.DOC 1 }12 Title 4,
Personnel
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 Formatted: Font: Arial
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 hours of vacation leave, at Formatted: Font: Arial
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 ianagement and
technical employees for accumulated unused vacation leave hours equal t the Rumbe
of „Ar.RtO n h` ,r .,,.tually taken during that Gale dar .,,grin 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
——sation 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 Commented[scl]: Is this correct here?
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.
{00873413.DOC 1 }13 Title 4,
Personnel
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 Formatted: underline
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 lneentim2 Ei n Employees with low sink leave use who have
annually n ordinn to the following sohn.L le:
CinL I o o I Icn S"Ek P;wp CnnvP-,.;*en Credit
One (1) day One /� \�four /hours
Twe (�2days er less 9ae(1) day
Thrnn (2) rlovs nr loss Cn r !4\ hn
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.
{00873413.DOC 1 }14 Title 4,
Personnel
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 CaIPERS 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 a- unpaid Formatted: Highlight
family and/or medical leave subject to the provisions of the California Family Rights Act Formatted: Highlight
and the Family Medical Leave Act in effect at the time the leave is granted. An unpaid. _ Formatted: Highlight
family and/or medical leave may be granted for any of the following reasons:
a) Birth of a child; to bond wit caFe#er a newborn child; (Formatted: Highlight
b) To bond with an adopted child or child placed for foster care.F-^r ., er ent 01 Formatted: Highlight
child for adoption r foster
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 eliaible Dart -time emDlovee shall be entitled to familv 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.
Formatted: Highlight
Formatted: Highlight
Eligible employees are entitled to take family and medical leave in addition to any
pregnancy disability leave they might be entitled to take.., Formatted: Highlight
{00873413.DOC 1 }15 Title 4,
Personnel
4.07.012 Pregnancy Leave €14ble—&Employees who are disabled by Formatted: Highlight
pregnancy, childbirth, or related medical conditions are Formatted: Highlight
a pregnancy disability leave of up to four months, depending on the period of Formatted: Highlight
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 Iniury 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
{00873413.DOC 1 }16 Title 4,
Personnel
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.
{00873413.DOC 1 }17 Title 4,
Personnel
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 Commented [SG2]: Should w add "and Technical" after
management staff is encouraged to prepare a plan of professional development aimed at Management and In this section'
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
{00873413.DOC 1 ]18 Title 4,
Personnel
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.
{00873413.DOC 1 }19 Title 4,
Personnel
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 Reoortina and Recordkeepina 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.
{00873413.DOC 1 }20 Title 4,
Personnel
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_ ^r Hu..an Res;G Fees nn.,,,ager- 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.
{00873413.DOC 1 }21 Title 4,
Personnel
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.
{00873413.DOC 1 }22 Title 4,
Personnel
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.
{00873413.DOC 1 }23 Title 4,
Personnel
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:
{00873413.DOC 1 }24 Title 4,
Personnel
a) General Manager
b) Electric Utility DirectorAssistant General Manager
c)Electric 'Operations Manager
G)d) Assistant Electric Operations Manager
d)e) On -Call Lineman
e)f)Electric Engineer
9_ )Water Utility Director "y- :anaW
g)hWater Operations ManagerSuper° ,t
h)i)Water Engineer
0j)_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:
{00873413.DOC 1 }25 Title 4,
Personnel
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;
1) 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,
{00873413.DOC 1 }26 Title 4,
Personnel
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.
{00873413.DOC 1 }27 Title 4,
Personnel
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.
{00873413.DOC 1 }28 Title 4,
Personnel
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.
{00873413.DOC 1 }29 Title 4,
Personnel
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:
{00873413.DOC 1 }30 Title 4,
Personnel
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)
{00873413.DOC 1 }31 Title 4,
Personnel
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 PolicV 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.
{00873413.DOC 1 }32 Title 4,
Personnel
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:
{00873413.DOC 1 }33 Title 4,
Personnel
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.
{00873413.DOC 1 }34 Title 4,
Personnel
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
{00873413.DOC 1 }35 Title 4,
Personnel
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
{00873413.DOC 1 }36 Title 4,
Personnel
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(1) Driver is any person who operates a commercial motor vehicle, This
includes, but is not limited to: full time, regularly employed drivers; casual, intermittent or
occasional drivers; leased drivers and independent, owner -operator contractors who are
either directly employed by or under lease to the District or who operate a CMV at the
direction of or with the consent of the District. For the purposes of pre -employment
testing, the term driver includes a person applying to drive a CMV for the District.
4.12.090.4(J) Employer is the District.
4.12.090.4(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(0) Refusal to submit (to an alcohol or controlled substance test) is when a
driver:
a) Fails to provide adequate breath for alcohol testing, without a valid medical
explanation, after he or she has received notice of the requirement for breath
testing in accordance with this policy;
{00873413.DOC 1 }37 Title 4,
Personnel
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
{00873413.DOC 1 }38 Title 4,
Personnel
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
{00873413.DOC 1 }39 Title 4,
Personnel
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
{00873413.DOC 1 }40 Title 4,
Personnel
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
{00873413.DOC 1 }41 Title 4,
Personnel
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 }42 Title 4,
Personnel
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 Testi
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(1) Alcohol Testing Procedure
Preparation for Testing
a) The employee is required to show positive identification when arriving at the test
site.
b) The employee may also request the Breath Alcohol Technician (BAT) to show
positive identification.
c) The BAT shall then explain the testing procedure to the employee.
{00873413.DOC 1 }43 Title 4,
Personnel
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.
{00873413.DOC 1 }44 Title 4,
Personnel
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.
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 }45 Title 4,
Personnel
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 }46 Title 4,
Personnel
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
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 }47 Title 4,
Personnel
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.
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 }48 Title 4,
Personnel
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.
{00873413.DOC 1 }49 Title 4,
Personnel
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
{00873413.DOC 1 }50 Title 4,
Personnel
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.
{00873413.DOC 1 }51 Title 4,
Personnel
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.
{00873413.DOC 1 }52 Title 4,
Personnel
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)
{00873413.DOC 1 }53 Title 4,
Personnel