HomeMy WebLinkAboutRes 82224>
I
RESOLUTION NO. 8222
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
RESCINDING RESOLUTION NO. 8210 REGARDING SUSPENSION
AND/OR TERMINATION OF EMPLOYEES AND ADOPTING A REVISED
PROCEDURE REGARDING SUSPENSION AND/OR TERMINATION OF EMPLOYEES
WHEREAS, on March 1, 1982, at a regular meeting of the Board of Directors
of the Truckee Donner Public Utility District the Board, by adoption of Reso-
lution No. 8210, adopted and established a Civil Service System and Disciplin-
ary Procedure; and
WHEREAS, after the adoption of Resolution No. 8210 and at the request of
Local Union 1245, I.B.E.W., representatives of the District corresponded with
representatives of the Union and met on April 27, 1982, for the purpose of
satisfying any obligation of the District to meet and confer with the Union
concerning the Civil Service System and Disciplinary Procedure; and
WHEREAS, the Board of Directors has considered those changes recommended
by the Union; and
I
WHEREAS, a revised Civil Service System and Disciplinary Procedure has
been drafted and attached hereto, and each incorporates those recommendations
made by the Union;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee
Donner Public Utility District that Resolution No. 8210 is hereby rescinded;
and
BE IT FURTHER RESOLVED that the attached Civil Service System and Dis-
ciplinary Procedure are adopted as the Civil Service System and Disciplinary
Procedure of the 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 3rd day of
May, 1982, by the following roll call vote:
AYES:
NOES:
ABSENT:
Corbett, Huber, Kuttel, Monsun and Maass.
None.
None.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By_ i ,?ft,.vyi-?u • yaCfcasaat:
Jart^s A Maass, President
I ATTEST:
Susan M. Craig, Deputy Dis €rict Clerk
IP
TRUCKEE - DONNER PUD
Policy and Operating Procedure
I
DEPARTMENT
REFERENCE
Subject: Civil
No.
Supersedes No.
System
Date
Date
Object: The principal objective of the Civil service System is to
establish a system which provides for
Fa ini a nd con s i st en c \ in the a ti.'iii n is (.ration of all
District personnel matters;
dif Hid,
Equitable and peaceful procedures for the resolution ot
The means by which employees can exercise individual
right ler the law.
The following provisions shall apply throughou
written personnel policies as may be adopted •■■ltd a
he Di: ■let.
Othi
to time by the Civil Service Coinm
District's Civil Service System.
, s ion shall
nded from time
part of the
I
Pol icy
1. Civ
within !he Truckee I
which slial 1 b
.■rvice Cownission: There is her>
Public Uti1 District, a civil
Kiministerec Civil Service Commission.
;rvice Commission shall consist of the Board of Director;
officio.
:stab] i .shed
rvice system
The Civil
;, act i ng ex
Adoption of Policy; Change in Policii The C ivi 1
i ion sha 1 1 hi: ;o adopt, wri i ten no
lo District •r son no 1
al 1
pol i
•i f 3a r t o f the CjviI
U,n of [XJlicies or of an)
;!•..• 1 1 b( ven in a<
a, and such polic i e
lervice System. Roasc
oposed changes in Dig
of adoption by the
1ieies with
s when adopted
nable notice of
trict personnel
C i v i 1 ervice
COBOT] ss i on .
•a] Manag<
I t has adop
d
sn other proposed pe any policy that it has adopted.
<ioes not conflict with Board-approved policy, it may be
era 1 iger or such designee as he/s!
item the power to modify
inel action
;-.on by the
le may elect; however. iUCll
iction will not be in contravention of any > 1 i c a b 1 e 1. nor any
bonafide memorandum of understanding executed between the District and a
recognized employee organization.
'1. 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. A
I
Performance Reports: 'Die General Manage shall establish
2ma tic m«: :hod of evaluationg otnplO} >erf ormance which shall be
used to influence ,:h decisions as merit
fc
war and/or salary advancement,
need for training, promotion, performance unprovemen
probationers, and order of layoff. The system shall Mice
standards:
retep.;. ion of
the follt wing
It shall be systematically applied to all
jmpioyei wno are si ibordinate to the position of Gc *al Manager.
b. It shall require regul; lodic report:
1 east once
period•
,'oar and at least thn durinu
at
iroba ti onarv
Reports shall be in writing anc -.hall be n i i i." i
for at least two years after termination of employment with the District.
Rating criteria shall be job related.
Employees shall have an opportunity to review a nd
respc >nd to the written report of evaluation.
Disciplinary Procedure! The General Manager al 1
procedure for administering
1 nrovido, onabli
I or not11 bla Dun i t ive ion in advance of taking the action.
In addition, it- shall provide for protection of employee rights under the
I Grievance
dure a:
Th ill r e i/.Q lh<
Understanding* In connection with all griev;
policy of the commission that:
Itlinod in the Title 14 of the Memorandum of
s filed, it shal1 be the
Prompt attention be given to all grievances
filing a g
b.
r i'-'vance;
The be freedom f row rum i nst those
iini,
That • ry effort be de to r o 1 v f :he
grievance a t the lowest pas iible level within the Distm
Employee Records.1 era I nnager sha 1 1 iuse to
have established and maintained for each employi
liinel record which fairly represents the employe
if the District, a
work history with
the District. Such records shall be accessible to the Board of Directors,
the General Manager, the employee, and such other persons
agreed to by the employee.
may be
I Subject:
Object:
DISCIPLINARY PROCEDURES
Disciplinary Procedure
I
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 riqhts of employees.
Scope: This policy applies to all permanent
employees, except those positions listed in §161]1 of the
Public Utility District Act, to wit, the clerk/ex officio
secretary of the Board, the accountant, the treasurer, and
the cteneral manager.
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 exclusive and discipline may be imposed for
conduct not sot forth below:
(a) Fraud in securing employment.
(b) Incompetency.
(c) Inefficiency.
(d) Inexcusable neglect of duty.
(e) Insubordination.
*
I
I
(f) Dishonesty.
(g) Intoxication on duty.
(h) Illegal use of narcotics or other
controlled substances.
(i) Inexcusable absence without leave.
(j) Conviction of a felony or conviction of
a misdemeanor involving the following
criminal offenses against persons such as
homicide and assault, and against
property, such as arson, burglary, and
theft.
A plea or verdict of guilty, or a
conviction following a plea of nolo
contendere, to any of such criminal
offenses is deemed to be a conviction
within the meaning of this section.
(k) Inappropriate treatment of the public or
other employees.
(1) Willful disobedience.
(m) Misuse of District property.
(n) Theft.
(o) Tardiness.
(p) Other failure of good behavior either
during or outside of duty hours which is
of such a serious nature that it reflects
directly upon and causes discredit to the
District or his employment.
3. Progressive
supervisor's approach to
Penalties. In
matters requiring
action will consist of the following:
general, a
disciplinary
Offense
First
Action
Verbal warning
Penalty
none
I
Second
Third
Fourth
Written report in
employee's file
Written report in
employee's file
Written report in
employee's file
suspension
without pay
Discharge
I
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.
4. Exceptions to Progressive Penalties.
A supervisor need not always follow the
progressive penalty schedule contained in paragraph 3,
a. Instances in which supervisors may proceed
directly to the third step include, but are not limited to,
the following:
Serious violation of District safety
regulations, procedures, and/or a supervisor's instructions.
b. Instances in which supervisors may proceed
directly to the fourth step include, but are not limited to,
the following:
Intentional refusal to follow a supervisor's
instructions; gross insubordination.
Violations of the basic rules of conduct such
as intoxication or theft.
employees.
Action affecting probationary or temporary
5. Post-Disciplinary Review. (To be conducted in any
case involving a written report and/or 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
3 -
I
I
without pay. No review is required in cases involving only
a verbal warning.)
NOTE: Employees who are members of the bargaining
unit covered by a current Memorandum of Understanding
between the District and the Union shall receive the notice
provided in Subsection a(l),(2),(3) and (4), below, and
shall further be notified of their right to initiate a
grievance procedure under the Memorandum of Understanding;
such employees shall proceed according to the grievance
procedure rather than according to Subsections b, c, d, e,
and f, below. Employees who are not members of the
bargaining unit shall be governed by the terms of this
Section 5 and shall not have recourse to the grievance
procedure of the Memorandum of Understanding.
a. In the case of a written report without any
suspension, the written report shall immediately be placed
in the employee's file. In the case of suspension without
pay, a written report shall immediately be placed in the
employee's file, the employee shall be suspended
immediately, and the employee 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:
be taken;
(1) a notice of the disciplinary action to
(2) the reason or reasons for the action;
(3) the charges and the materials upon which
the disciplinary action is based, including dates and
specific incidences;
(4) a notification that the employee has the
right to respond immediately, either orally or in
writing, to the General Manager of the District, and to
meet immediately with the General Manager to discuss
the discipline.
(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.
ly
I
b. If a review is requested, the supervisor wil]
arrange for a post-disciplinary review to be conducted by a
Review Panel consisting of two members of the Board (who
shall be appointed by the President of the Board) and a
third person who shall not be affiliated with the District.
The Union and the District shall agree, in advance, on a
list of ten names, and the two members of the Board shall
select three names from this list and deliver a list of
those three names to the affected employee. The employee
shall, within forty-eight (48) hours of receipt, of this
list, select (in writing) one name, and the name selected
shall be the unaffiliated member of the Review Panel. If
the employee fails to select a name (in writing) within
forty-eight (48) hours, then the two Board members shall
select the unaffiliated member from the list of three names.
The three members of the Review Panel shall select the
member who shall chair the Review Panel. In the event the
employee does not request a review within the time limit set
forth above, then the disciplinary penalty will be
sustained.
c. When the date, time, and location of the
review has been schedule, the employee will be accordingly
notified.
f
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 choice.
The following rules shall govern the conduct of the review:
(1) Oral evidence shall bo 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.
(3) The hearing need not be conducted
according to technical rules relating to evidence
and witnesses. Any relevant evidence shall be
- 5 -
It
I
I
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 Review Panel shall issue a written
determination as to whether the disciplinary penalty will be
sustained, sustained in part and revoked in part, or
revoked, within ten (10) days from the date of the
post-disciplinary review. The Review Panel may determine to
revoke the suspension but sustain the written report. 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
does not wish to appear, the disciplinary penalty will be
sustained.
6. Pre-disciplinary Review. (To be conducted when
imposing a penalty which exceeds an employee's loss of more
than five (5) days pay during a twelve month period — e.g.,
lengthy suspension or discharge).
a. At the time that the discipline is proposed, a
written report shall immediately be placed in the employee's
file, and the supervisor shall deliver to the employee a
written notice containing the following:
(1) a notice of the disciplinary action
proposed to be taken;
action;
(2) the reason or reasons for the
I
(3) the charges and the materials upon
which the proposed disciplinary action is based,
including dates and specific incidences;
(4) a notification that the employee
has the right to respond immediately, either
orally or in writing, to the General Manager of
the District, and to meet immediately with the
General Manager to discuss the proposed
discipline.
(5) a notification that:
I
(i) If the proposed discipline is
suspension without pay, the employee shall be
suspended immediately but shall bo 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;
(ii) If the proposed 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. The supervisor will arrange for a
pre-disciplinary review to bo conducted by a Review Panel
consisting of two members of the Board (who shall be
appointed by the President of the Board) and a third person
who shall not be affiliated with the District. The Union
and the District shall agree, in advance, on a list of ton
7 -
I
names, and the two members of the Board shall select three
names from this list and deliver a list of those three names
to the affected employee. The employee shall, within
forty-eight (48) hours of receipt of this list, select (in
writing) one name, and the name selected shall be the
unaffiliated member of the Review Panel. If the employee
fails to select a name (in writing) within forty-eight (48)
hours, then the two Board members shall select the
unaffiliated member from the list of three names. The three
members of the Review Panel shall select the member who
shall chair the Review Panel.
I
d. 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 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 riahts:
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.
(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 objection in civil actions. Hearsav
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
- 8
1*
I
they are otherwise required by statute to be
recoqnized at the hearing, and irrelevant and
unduly repetitious evidence shall be excluded.
d. The Review Panel shall issue a written
determination as to whether the proposed disciplinary
penalty will be sustained, sustained in part and revoked in
part, 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 bv first class
mail.
I
e. In the event the employee does not appear at
the pre-disciplinary review, or notifies tnanaqement that he
will not appear, the penalty will be sustained and the
supervisor will immediately proceed to effect the proposed
disciplinary action.
f. (1) If the proposed 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 proposed discipline is
suspension without pay and the penalty is revoked, the
employee shall be immediate]v reinstated with no loss of
pay.
(2) If the proposed discipline is discharqe
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 proposed discipline
is discharge and the penalty is revoked, the employee shall
be immediately reinstated with no loss of pay.
7• Removal of Written Report from Employee File
If a written report is placed in an employee's
file and the employee is not subiect to any further
disciplinary action of a similar or related nature for a
period of two years, then the written report shall be
removed from the employee's file.
- 9 -
f
I
I
8. Administration
a. Whenever any personnel problem occurs with
respect to unsatisfactory performance, attendance, or any
other matter affecting the orderly execution of iob
requirements, the supervisor is expected to cope with the
situation promptly, constructively, and in a tactful manner.
Avoiding or putting off needed action of this nature
constitutes neqlect 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: II) the
reduction of involuntary terminations, (?) the avoidance or
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.
- 10 -