HomeMy WebLinkAboutRes 8210RESOLUTION NO. 8210
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
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AUTHORIZING ADOPTION OF A CIVIL SERVICE SYSTEM
AND RELATED DISCIPLINARY PROCEDURE
WHEREAS, Section 16194 of the Public Utility District Act requires
that the Board shall make rules to effect a Civil Service System, and for
examinations, appointments, promotions, and removals of employees, and;
WHEREAS, it is in the best interests of the District that a Civil
Service System be adopted and that specific procedures for the discipline
of employees be adopted; and
WHEREAS, the District has reviewed and considered a proposed Civil
Service System and Disciplinary Procedure, copies of which are attached hereto
as Exhibit "A" and incorporated herein; and
WHEREAS, the District's counsel has reviewed and revised the proposed
Civil Service System and Disciplinary Procedure;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Truckee Donner Public Utility District that the Civil Service System and
Disciplinary Procedure, in the form attached hereto as Exhibit "A", be and
hereby is adopted as the Civil Service System and Disciplinary Procedure of
the Truckee Donner Public Utility District.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner
Public Utility District at a meeting held within said District on the 1st
day of March, 1982, by the following roll call vote:
AYES: Huber, Kuttel, Monson and Corbett.
NOES: None.
ABSENT: Maass.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
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By_ tLv^Jhr'A . f *~^0-O-^-r
James A. Maass, President
ATTEST:
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Susan M. Cra lg. Deputy Distrpcjt Clerk
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TRUCKEE - CONNER PUD
Policy and Operating Procedure
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DEPARTMENT
REFERENCE
No.
Supersedes No.
Date
Date
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Subject: Civil Service System
Object: The principal objective of the Civil Service System is to
establish a system which provides for:
a. Fairness and consistency in the administration of all
District personnel mattersr
b. Equitable and peaceful procedures for the resolution of
differences; and,
c. The means by which employees can exercise individual
rights under the law.
Scope: The following provisions shall apply throughout the District.
Other written personnel policies as may be adopted and amended from time
to time by the Civil Service Commission shall become part of the
District's Civil Service System.
Policy:
1. Civil Service Commission: There is hereby established
within the Truckee Donner Public Utility District, a civil service system
Which shall be administered by a Civil Service Commission. The Civil
Service Commission shall consist of the Board of Directors, acting ex
officio.
2. Adoption of Policy; Change in Policies: The Civil
Service Commission shall be empowered to adopt written policies with
•■ spect i-C District personnel natters, and such policies when adopted
shall becomo a part of the Civil Service System. Reasonable notice of
the adoptL p of policies or of any proposed changes in District personnel
policy shall be given in advance of adoption by the Civil Service
Commi ssion.
3. General Manager: The Board reserves the power to modify
any policy that it has adopted. When other proposed personnel action
does not conflict with Board-approved policy, it may be taken by the
General Manager or such designee as he/she may elect; however, such
action will not be in contravention of any applicable law nor any
bonafide memorandum of understanding executed between the District and a
recognized employee organization.
4- Conflicts of Interest: No employee shall have any
financial interest in any activity outside the Truckee Donner Public
Utility District which does business for profit with the Truckee Donner
Public Utility District.
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5. Performance Reports: The General Manager shall establish
a systematic method of evaluationg employee performance which shall be
used to influence such decisions as merit wage and/or salary advancement,
need for training, promotion, performance improvement, retention of
probationers, and order of layoff. The system shall meet the following
standards:
a. It shall be systematically applied to all
employees who are subordinate to the position of General Manager.
b. It shall require regular periodic reports at
least once a year and at least three times during the probationary
period.
c. Reports shall be in writing and shall be retained
for at least two years after termination of employment with the District.
d. Rating criteria r.hall be job related.
e. Employees shall have an opportunity to review and
respond to the written report of evaluation.
6. Disci pjj nary Procedure: The General Manager shall
develop, and submit for Board adoption, a procedure for administering
disciplinary action. This procedure shall provide( whenever reasonable,
for notice of possible punitive action in advance of taking the action.
In addition, it shall provide for proted ion of employee rights under the
law.
7. Grievance Procedure! The Board will recognise the
grievance procedure as outlined in the Title 14 of the Memorandum of
Understanding. In connection with all grievances filed, it shall be the
nolicy of the commission that:
a. Prompt attention be given to all grievances;
b. There be fi
filing a grievance; and,
dom from reprisal against those
c. That ev-'ry effort be made to resolve the
grievance at the Lowest possible level within the District.
8. Employee Records: The General Manager shall cause to
have established and maintained for each employee of the District, a
personnel record which fairly represents the employee's work history with
the District. Such records shall be accessible to the Board of Directors,
the General Manager, the employee, and such other persons as may be
agreed to by the employee.
Policy and Operating Procedure
DEPARTMENT
REFERENCE
Subject:
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No.
Supersedes No.
Date
Date
Disciplinary Action
Object: The principal objectives of this policy are to (1) promote
orderly job conduct and the longer range development of a goal-oriented
and productive personnel team; (2) help ensure compliance with state and
federal laws prohibiting discriminatory practices relating to sex, race,
etc., and, (3) establish the procedural means of protecting employment
rights of employees.
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Scope: This policy applies to all permanent employees, exclusive
of officials and management.
Policy:
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 doing things. The following
provisions are generally confined to negative actions or sanctions to be
invoked in the event of unacceptable employee performance. It is well to
recognize that they are no substitute for positive or constructive
actions (such as counseling and goalsetting).
2. Grounds for Discipline: The following are examples of conduct for
which discipline may be imposed. This list is not exlusive and
discipline may be imposed for conduct not set forth below:
(a) Fraud in securing appointment.
(b) Incompetency.
(c) Inefficiency.
(d) Inexcusable neglect of duty.
(e) Insubordination.
(f) Dishonesty.
(g) Intoxication on duty.
(h) Intemperance.
(i) Addiction to the use of narcotics or
habit forming drugs.
(j) Inexcusable absence without leave.
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(n)
(o)
(P)
(q)
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Conviction of a felony or conviction of a
misdemeanor involving moral turpitude. A
plea or verdict of guilty, or a conviction
following a plea of nolo contendere, to a
felony or any offense involving moral
turpitude is deemed to be a conviction
within the meaning of this section.
Immorality.
Discourteous treatment of the public or
other employees.
Willful disobedience.
Misuse of District property.
Theft
Tardiness
Other failure of good behavior either during or
outside of duty hours which is of such a nature
that it causes discredit to his agency or his
employment.
3. Progressive Penalties A supervisor's approach to matters
requiring disciplinary action will consist of the following:
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Offense
First
Second
Third
Fourth
Action
Verbal warning
Written report in
employee's file
Written report in
employee's file
Written report in
employee's file
Penalty
suspension
without pay
Discharge
4. Employee Notice of Consequences A special form entitled
"Supervisor's Report" will be used on all occasions requiring a written
report. Such form provides a space in which the supervisor will specify
the future action to be taken in the event the employee continues to
perform in an unacceptable manner. Observance of such procedure will
ensure that, prior to any penalty, the employee will be "put on notice"
as to the potential consequences of his/her actions and given an
opportunity to perform in an acceptable manner.
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5. Exceptions
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a. Instances in which supervisors may proceed directly to
the third step include, but are not limited to, the following:
Failure to follow a supervisor's instructions.
Violation of District safety regulations and/or
procedures.
b. Instances in which supervisors may proceed directly to
the fourth step include, but are not limited to, the following:
Flat refusal to follow a supervisor's instructions.
Violations of the basic rules of conduct such as
intoxication or theft.
Action affecting probationary or temporary employees.
5. Post-disciplinary Review (To be conducted when imposing a
penalty amounting to an employee's loss of not more than five (5) days
pay during a twelve month period - e.g., 3 days suspension without pay).
a. The penalty shall be initiated and take force
immediately. In the case of suspension without pay, the employee shall
be suspended immediately and shall not be paid for the period of
suspension. At the time that the discipline is initiated, the supervisor
shall deliver to the employee a written notice containing the following:
taken;
(1) a notice of the disciplinary action to be
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(3) the charges and the materials upon which the
disciplinary action is based;
(4) a notification that the employee has the
right to respond either orally or in writing, to the General
Manager of the District.
(5) a notification that, if the employee
requests in writing within ten (10) calendar days of the time
that the discipline is initiated, then a review will be
scheduled within ten (10) calendar days of the receipt of the
employee's written request.
b. If a review is requested, the supervisor will arrange for
a post-disciplinary review to be conducted by the Board's designated
representative( s) , which may, but need not be, the General Manager. In
the event the employee does not request a review within the time limit
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set forth above, then the disciplinary penalty will be sustained.
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c. When the date, time, and location of the review has been
scheduled, the employee will be accordingly notified.
d. At the post-disciplinary review, the employee will be
provided with an opportunity to respond orally or in writing and to be
represented by a person of his/her choice. The following rules shall
govern the conduct of the review:
(1) Oral evidence shall be taken only on oath or
affirmation.
(2) Each party shall have these rights: to call
and examine witnesses, to introduce exhibits; to cross-examine
opposing witnesses.on any matter relevant to the issues even
though that matter was not covered in the direct examination;
to impeach any witness regardless of which party first called
him to testify; and to rebut the evidence against him. If the
employee does not testify in his own behalf he may be called
and examined as if under cross-examination.
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( 3) The hearing need not be conducted according to
technical rules relating to evidence and witnesses. 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 the existence of
any common law or statutory rule which might make improper the
admission of such evidence over the objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing
or explaining other evidence but shall not be sufficient in
itself to support a finding unless it would be admissible over
objection in civil actions. The rules of privilege shall be
effective to the extent that they are otherwise required by
statute to be recognized at the hearing, and irrelevant and
unduly repetitious evidence shall be excluded.
e. The Board's designated representative shall issue a
written determination as to whether the disciplinary penalty will be
sustained or revoked within ten (10) days from the date of the
post-disciplinary review. A copy of the decision shall be delivered to
the employee personally or sent by first class mail.
f. In the event the employee does not appear at the
post-disciplinary review, or notifies management that he/she does not
wish to appear, the disciplinary penalty will be sustained.
7. Pre-disciplinary Review (To be conducted when imposing a
penalty which exceeds an employee's loss of than five (5) days pay during
a twelve month period — e.g., lengthy suspension or discharge).
a. At \.Ue time that the discpline is initiated, the
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supervisor shall deliver to the employee a written notice containing the
following:
taken;
(1) a notice of the disciplinary action to be
(2) the reason or reasons for the action;
(3) the charges and the materials upon which the
disciplinary action is based;
(4) a notification that the employee has the
right to respond either orally or in writing, to the General
Manager of the District;
(5) a. notification that:
(i) If the discipline is suspension without
pay, the employee shall be suspended immediately but shall be
paid for a period of five (5) working days after the suspension
takes effect. The Employee shall also be notified of the date,
time and place of a pre-disciplinary review that shall take
place prior to the end of said five (5) day period. The review
shall be scheduled if possible toward the end of said five (5)
days period to enable the employee to prepare;
(ii) If the discipline is discharge, the
employee shall be suspended immediately but shall be paid for a
period of five (5) working days after the suspension takes
effect. The employee shall also be notified of the date, time,
and place of a pre-disciplinary review that shall take place
prior to the end of said five (5) day period. The review shall
be scheduled if possible toward the end of said five (5) day
period to enable the employee to prepare.
b. The pre-disciplinary review may be continued upon the
written request of the employee, but if continued the employee shall not
be paid for any working days after the end of the initial five (5) day
period.
c. During the pre-disciplinary review, the employee will be
provided with an opportunity to respond orally or in writing and to be
represented by a person of his/her choice. The following rules shall
govern the conduct of the review:
affirmation.
(1) Oral evidence shall be taken only on oath or
(2) Each party shall have these rights: to call
and examine witnesses, to introduce exhibits; to cross-examine
opposing witnesses on any matter relevant to the issues even
though that matter was not covered in the direct examination;
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to impeach any witness regardless of which party first called
him to testify; and to rebut the evidence against him. If the
employee does not testify in his own behalf he may be called
and examined as if under cross-examination.
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(3) The hearing need not be conducted according to
technical rules relating to evidence and witnesses. 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 the existence of
any common law or statutory rule which might make improper the
admission of such evidence over the objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing
or explaining other evidence but shall not be sufficient in
itself to support a finding unless it would be admissible over
objection in civil actions. The rules of privilege shall be
effective to the extent that they are otherwise required by
statute to be recognized at the hearing, and irrelevant and
unduly repetitious evidence shall be excluded.
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d. The Board's designated representative shall issue a
written determination as to whether the disciplinary penalty will be
sustained or revoked within one (1) day from the date of the
pre-disciplinary review. A copy of the decision shall be delivered to
the employee personally or sent by first class mail.
e. In the event the employee does not appear at the
pre-disciplinary review, or notifies management that he/she will not
appear, the penalty will be sustained and the supervisor will immediately
proceed to effect the proposed disciplinary action.
f. (1) If the discipline is suspension without pay and the
penalty is sustained, then the District shall, within the following
thirty (30) days, withhold the pay that the employee would otherwise have
earned for the period of the suspension. If the discipline is suspension
without pay and the penalty is revoked, the employee shall be immediately
reinstated with no loss of pay.
(2) If the discipline is discharge and the penaLty is
sustained, then the discharge shall become effective immediately upon
issuance of the written determination, and the employee shall not receive
any pay after the expiration of five (5) working days after the original
suspension took effect. If the discipline is discharge and the penalty
is revoked, the employee shall be immediately reinstated with no loss of
pay.
8. Administration
a. Whenever any personnel problem occurs with respect to
unsatisfactory performance, attendance, or any other matter affecting the
orderly execution of job requirements, the supervisor is expected to cope
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with the situation promptly, constructively, and in a tactful manner.
Avoiding or putting off needed action of this nature constitutes neglect
of supervisory responsibility, undermines overall management
effectiveness, and frequently results in an injustice to the employee.
b. Each of the first steps of the disciplinary procedure is
to be regarded as a corrective measure and is to be combined with
appropriate instruction which, if followed, would make further steps
unnecessary.
c. The effect of this policy should be: (1) the reduction of
involuntary terminations, (2) the avoidance of minimizing of
misunderstandings between supervisory and non-supervisory personnel, (3)
ensuring that personnel are provided with notice of unacceptable conduct
in sufficient time to permit self-correction and improvements; and (4)
the ensuring that documentation is available to support management's
position in the event of discriminatory charges with respect to sex,
race, etc.
d. Each written report will contain a description of the
events requiring disciplinary action. Copies are expected to be
distributed promptly to those concerned and will include one copy to be
retained in the employee's personnel file.
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