HomeMy WebLinkAbout7 Revision of District Code Agenda Item #
Public Utility District
ACTION
To: Board of Directors
From: Nancy Waters
Dater May 079 2008
Subject: District Code- Title 4, Personnel
1. WHY THIS MATTER IS BEFORE THE BOARD
The District Code should periodically be reviewed and updated to conform to District
Board policies and new applicable laws and regulations.
2. HISTORY
At the March 19, 2008 Board meeting, a draft revision of Title 4 of the District Code,
containing the District's personnel policies was presented to the Board for review and
comments. A second workshop was held at the April 16th meeting when the Board
provided comments to the draft revisions.
3. NEW INFORMATION
The most current revisions to Title 4 are included in this packet as Attachment 1. The
comments and suggestions made by the Board members have been addressed in
this version, as well as, comments by the District Management staff.
4. FISCAL IMPACT
There is no fiscal impact associated with this matter.
5. RECOMMENDATION
Approve and adopt the revisions to the District Code, Title 4.
Mary Chaff n, ministrative Services Michael D. Holley, General Manager
Manager
Public Utility District i
Resolution No. 2008 - XX
ADOPTING AMENDMENTS TO THE DISTRICT CODE
TITLE 41 PERSONNEL
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to
amend the District Code Title 4, Personnel; and
WHEREAS, the District Code provides rules and regulations intended to convey a
comprehensive description of the manner in which the District operates and serves its
customers and employees; 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, a workshops were held on March 19 and April 16, 2008 for the Board to review
and comment on the proposed changes to Title 4; and
WHEREAS, the revised version of Title 4 will bring the District's personnel policies up-to-date
and will replace all preceding resolutions in Title 4.
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt the
amended District Code, Title 4 Personnel, Exhibit "A"; and
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 7 th day of May, 2008 by the
following roll call vote:
AYES:
ABSTAIN:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tim F. Taylor, President
ATTEST:
Michael D. Holley, Clerk of the Board
t
TITLE 4
PERSONNEL
Table of Contents
Chapter 4.1 —GENERAL ADMINISTRATION
4.1.1 Introduction
4.1.2 Personnel Administration and Delegation
4.1.3 Personnel Records
4.1.4 Medical Records
4.1.5 Coordination with Memorandum of Understanding
Chapter 4.2 — EMPLOYMENT NON-DISCRIMINATION
4.2.1 Equal Employment Opportunity Policy
4.2.2 Discrimination, Harassment and Ietliation Policy
Chapter 4.3—JOB DESCRIPTIONS
4.3.1 Job Descriptions
Chapter 4.4— RECRUITMENT AND IWMIN IONS
4.4.1 Recruitment of Department Heads
4.4.2 Recruitment of Management Employees
4.4.3 Bargaining`Unit Employees
4.4.4 Application Forms
4.4.5 Examinations
Chapter 4.5 - APPOINTMENTS AND PROBATIONARY PERIOD
4.5.1 Pre-employment Physical Examinations
4.5.2 Pre-employment Background Investigations
4.5.3 Nepotism/Fraternization
4.5:4 Probationary Period
Chapter 4.6 — COMPENSATION
4.6.1 Compensation Plan
4.6.2 Payment of Salary
Chapter 4.7 — EMPLOYMENT BENEFITS, HOLIDAYS, AND LEAVES
4.7.1 General
4.7.2 Insurance Plans
4.7.3 Retirement Plan
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4.12.4 Tobacco-Free Workplace
4.12.5 Workplace Violence
4.12.6 Driver' License Policy
4.12.7 Drug and Alcohol Free Workplace
4.12.9 DOT Testing Policy
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4.1.5 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.
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• 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.
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. Exampled 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.
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 supervises, 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 employees direct line
of command, or if the employee is uncomfortable discussing the matter with his or her
direct supervisor, the employee is urged to go to the General Manager or the Human
Resources Administrator.
How the District will investgate. complar ts :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 employrrrent.
Complains pole will be kept as confidential as possible. Information will be
relea$q ohly on a d to know" basis, and no employee will be subject to retaliation
by tho district becaus4�q or she has made a report or complaint under this policy.
No retaliawn: It is strictly against District policy to retaliate against anyone who reports
or assists ire making a complaint of prohibited harassment, or who participates in the
investigative 'process undo` this policy. Prohibited retaliation may include, but is not
limited to, withh6lding payy`increases, negative evaluations, onerous work assignments,
withdrawing friendf € rtesies, demotion, discipline, or dismissal. The District does not
tolerate retaliation, and violation of this Policy will result in discipline up to and including
termination. Anyone who feels that hr or she has been subjected to retaliation should
bring this to the General Manager's attention.
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4.4 RECRUITMENT AND EXAMINATIONS
4.4.1 Recruitment of Department Heads
When a vacancy occurs in a department head position, the General Manager shall
review the job description to determine its continuing applicability and shall recommend
a salary range to the Board of Directors.
The Board of Directors shall adopt a salary range for the position. The position will be
publicized by such methods deemed appropriate by the General Manager or the Human
Resources Administrator.
The Human Resources Administrator 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 threeppomted persons should include department head of the District, an employee of the District who would be ubordinat e
to the new department head, and a peer professional of the new department head from
outside the District organization.
The initial screening of applicants will 66 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 tiosts 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.
4.4.2 Recruitment of Management Employees
Selection and placement of all management level employees will be through a
competitive and open process to select the most qualified candidate for the position.
The process shall include:
1. The hiring manager and Human Resources shall review the current
job
description to ensure that it is current and meets the needs of the District. The
approval of the General Manager must first be obtained before any changes
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4.5 APPOINTMENTS AND PROBATIONARY PERIOD
4.5.1 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.
4.5.2 Pre-employment Background Investigations
Anapplicant 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.
4.5.3 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 urposes of this pe licy, a close relative is defined as spouse or domestic partner,
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children (stepchildren), parents (stepparents), siblings (step-siblings), grandparents or
grandchildren, or in-Iaws of the Board member or employee. Persons who cohabitate,
but are not married, are cons dered ease relatives for purposes of this policy and
therefore subject to all restrictions and limitations.
In the eVent employee:+create'a close relationship as described above after they are
hired', the District, the l wingprovisions apply:
• Theelae
ted employs cannot have a supervisory or reporting relationship with
each otter;,
• Neither er jo can work in a position in which District information is privilege
or confidentla;;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.
4.5.4 Probationary Period
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4.6 COMPENSATION
4.6.1 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 tot e
Board of Directors for approval.
4.6.2 Pavment 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.
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4.7.5 Post-Retirement Medical and Dental Benefits
Employees who retire from the District may be eligible for post-retirement health
benefits. The qualifying factors are the employee's age and length of employment at the
District.
Percent of Premium Paid
Years of Service by District
50%
10 _ _.
11 55%
12 60%
13 65%
14 70%
15 7 %
16 80%
17 85%
18 9tJ%
19 9 °fa
20 10C1%
District will pay the percentages listed Above'cf the retires end dependent medical and
dental premiums beginning at the ret oe's a 0, based on years and months of
service at the District. If a person retires arle Ethan s 0 the benefit will be reduced
by 2% per year in the benefit paid by tho em=Ioyer. For example, a person retiring at
age 58 with 19 years of service would have--,,._% of the retiree and dependent premiums
paid by the District.
The benefit paid by the District is capped as[fisted below:
Monthly Caps
individual only $475
Spouse only $475
Child(ren) only $475
Spouse & child(ren)only $725
Medicare Rate $375
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 58 with 19 years of service
would have 91% of the retiree and dependent premiums paid by the District. If initially
the premium for individual only was $340, the retiree would pay 340 (91% x $3 0) =
$30.60. If the premium increases to $500 while the cap is $475, the retiree would pay
500— (91% x $475) = $67.75.
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The Christmas Eve holiday shall be observed on the work day immediately prior to
the date of observing the Christmas Day holiday.
4.7.8 Vacation Leave
Full-time regular employees will accrue vacation leave from the date of hire. Regular
employees who work less than full time shall accrue vacation on a pro-rated basis.
Eligible employees shall earn vacation leave as follows:
Rates of Accrual Number of Days per year
For the first five years of continuous service 10
After completing: 5 years of continuous service 15
10 years of continuous service 20
21 years of continuous service 21
22 years of continuous service- 22
23 years of continuous service 23
24 years of continuous service 24
25 years of continuous'service 25
30 years o continuous service 30
New em to ees will-be given forty (40) hours of vacation leave at the start of
ploy
employment, in addition to regular vacation leave accrual.
Em to ees w terminate their employment with the District for any reason will be paid
ploy
for all acc"d but sed vacation at their current rate of pay.
Vacant leave must bo sqheduled by mutual agreement between the Department Head
or his/h designee and theemployee.
Employees � ,�accumulat up to a maximum of 360 hours of vacation leave, at which
.
point the employee will not accrue additional vacation leave.
The District, at the employee's option, will compensate employees for accumulated
unused vacation leave hours equal to the number of vacation hours actually taken
during that calendar year. Vacation leave compensation will be paid at the employee's
current rate of pay.
4.7.9 Administrative Leave
Management employees shall be granted 8 days of administrative leave per calendar
year. Administrative leave must be used by the end of the calendar year or it is forfeited
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Any eligible employee may be granted a family and medical leave subject to the
provisions of the California Family Rights Act and the Family Medical Leave Act in effect
at the time the leave is granted. A family and medical leave may be granted for any of
the following reasons:
• Birth of a child; to care for a newborn child;
• For placement of a child for adoption or foster care;
• To care for a child, parent, spouse or registered domestic partner with a serious
health condition;
• 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;
• If a family member is called to or is on active duty in the military, or;
• If a family member or next of kin is injured in the course of military service.
An eligible employee shall be entitled to family and medical leave up to a total of 12
workweeks during the 12 month period that begins on the first day of the qualifying
leave. Health benefits will be continued under the same terms as prior to the leave.
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 fog leavO Employees,who return to work following an approved
family and medical leave will be reinstated to their same position, or a comparable
position, to the extent required by law.
4.7.12 Pregnancy Leave
Eli ible ee who re disabled by pregnancy, childbirth, or related medical
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condi ont are entjtfe ;,to request a pregnancy disability leave of up to four months,
deps d1hg on the period of medically-certified disability.
4.7.13 fir, paid Personaldve
An unpaid leave of absence may be granted to a regular employee for urgent
substantial personal reasm,s provided that adequate arrangements can be made to
perform the empj ee' ties 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.
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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.
4.7.19 Return to Work Phvsical
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.
4.7.20 Donation of Accrued Vacation Leave
An employee may, upon approval of the General Manager, transfev 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 emlayee s family
member.
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4.9 EMPLOYEE ACTIVITIES
4.9.1 Code of Business Conduct
The Truckee Donner Public Utility District (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 to
Conduct is not exhaustive but designed only to provide summary, guidanc
e
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.
Standards of Conduct Employees are expected to uphold the values of the District and
are required to report any situation where the individual Wreasonably 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 honesty 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.
are
Employees 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.
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 be
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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.
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.
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.
ReN ortin of Violations Every employee is responsible for ensuring that violations of
laws, rules and regulations, the MOU or this Code are reported promptly. Reports of
suspected violations may be made in person or in., writing, confidentially or
anonymously, to the General Manager or Human Resources Administrator. 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.
Employee Education All employees gill receive a copy of the Code of Business Conduct
and will be required to sign-alform indicating that he/she has received a copy of the
Code of s nduct read its contents; and understands his/her obligations under
134777
the Cod ,'e- .
Monitbrina and Enforcer, ent Every employee is responsible for monitoring compliance
with the de by report suspected violations in a timely manner (as discussed
above) and.� operating vW investigations of suspected violations. Employees that
violate any la „rules and`regulations, the MOU or the Code may face appropriate,
case-specific disc `action. Additionally, on a periodic basis, this Code of
Business Conduit ; icy will be reviewed for effectiveness and appropriate
modifications and/or enhancements will be recommended as deemed necessary.
4.9.2 Electronic Data
It is the policy of the District that all electronic office data storage systems including, of
not limited to, voice mail, computers, electronic mail, and facsimiles are the property
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
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(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.
Personal Automobile Use
Employees shall utilize District owned vehicles for business travel whenever possible. If
a District owned vehicle is not available, employees mush ave prior approval from the
General Manager before using their personal automobile. Drivers must have a valid
driver's license and adequate liability insurance. Motorcycles will not be authorized for
business travel.
Personal automobiles used on District business'11 must be covered by liability,insurance.
It is the employee's responsibility to have adequate automobile insurance. dopy of the
current Proof of Insurance must be furnished to fi 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 mi e d ual toy the current IRS standard
mileage allowance. Such reimbursement canii6i exceeq,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.
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
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4.9.6 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 be.!hg" called outside of normal work hours for
emergencies or other District business will 66.assigned vehicles to be driven to and
from their place of residence. These employees are:
• General Manager.
• Assistant General Manager
• Electric Superintendent
• On-Call Lineman
• Electric Engineer
• Water Utility Manager
• Water Superintendent
• Water Engineer
• 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.
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4.10 DISCIPLINARY ACTIONS
4.10.1 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:
• 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.
It is recognized that this policy applies to all employees represented by MEW 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 createany legal or other obligation of MEW 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.
D finite n �I*a tee.;discip►lne will be understood as meaning "a state of orderliness"
such as f0`a "disci �nl tear r in a "disciplined performance." Therefore, disciplinary
actns action taken;' 0 maintain an orderly way of imposing sanctions to remedy
unacceptable employee Wormance.
Causes for' sciplinary Anion - The following are examples of conduct for which
discipline may �, impose This list is merely a summary. It is not exhaustive and
discipline may be iMpOSWI 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;
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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.
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 partic0ar 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.
3. Suspension — The suspension is a District ordered absence from duty without pay for a
specified period of time, and generally, but not alays 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
33
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. I
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. ni to and
4. The employee or his/her representative sha,be,given the opportunity respond
to the charges and proposed action.
5. The employee or his/her reprpserttative shall be given the opportunity to make
final comments regarding the proposed action.
6. The Skelly Officer shall close th6 meeting.by indicatir4 that he/she will consider
all statements and/ ' documents; which met 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" 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.
Appeal Process
35
4.11. GRIEVANCES
4.11.1 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:
• Prompt attention be given to all grievances;
• That there will be freedom from reprisal against those filing a grievance;
• That reasonable efforts will be made to resolve the grievance at the lowest
possible level within the District.
37
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.
4.12.5 Tobacco-Free Workplace Policy
The District's objective is to provide a healthful, comfortable and,productive work
environment for all District employees, directors, vendors and customers.
Accordingly, and in compliance with California law, it is the policy of the District to
prohibit smoking or use of tobacco products of any kind within all District controlled and
operated facilities, as well as District vehicles and worksites.
Smoking is prohibited within twenty (20) feet from entrances, exits, air intake vents,
stairwells, breezeways, garage doors or operable windows. Littering of matches,
cigarettes, cigars, chewing tobacco or any other substance is not permitted. Proper
containers must be used for disposal of these items:
Signs acknowledging "Smoke-Free Building" shall be pIasted on entrance doors of the
building and other locations as deemed appropriate.
All employees share in the responsibility tar adheringI to and enforcing to this policy.
4.12.6 Workplace ThreatsNiolence
The District is committed to providing a safe and secure workplace for employees,
customers, contractors and visitors. Threatst threatening behavior, or acts of violence
against any ���ua1 on District property, a A)istrict controlled worksites or involved in
the candu of Distri usiness will not be tolerated.
DefinM:On,of Workplace ThreatsNiolence
Workplace ThreatsNiolenc tmay be conduct that causes an individual to fear for his or
her personals fety or the safety of his or her family, friends and/or property, such that
employment coIn i ions are altered and/or a hostile abusive or intimidating work
environment is create
Specific examples of"Oonduct prohibited by this policy include, but are not limited to:
• Threats or threatening behavior directed toward an individual or his/her family,
friends, associates, or property;
• Harassing or threatening phone calls, written messages, videos, photographs or
E-mails;
• Surveillance by any means;
• Stalking;
39
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.
4.12.8 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 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.
District employees who violate the District's policy will be subject to disciplinary action
consistent with the District's Disciplinary Procedures.
The District will conduct periodic training for employees and supervisors on substance
abuse prevention and education.
The District shall continue to offer a confidential Employee Assistance Program to aid
employees with substance abuse problems.
Pre-employment Testing: All applicants, after receiving a conditional offer of
employment, will be subject to a controlled substance screening test as part of a pre-
employment physical examination.
Reasonable Suspicion Testing of Current Employees: Any current employee may be
subject to drug or alcohol testing under certain circumstances. When an employee's
observed behavior, involvement in an on-the-job accident or other circumstances raise
reasonable suspicion that this Policy is being violated, the District may require the
employee to undergo a test for controlled substances or alcohol when such testing is
job-related and consistent with business necessity.
Reasonable suspicion under this Policy shall be based on specific, personal and
observations concerning the appearance, behavior, actions, and speech or body odors
of the employee.
4.12.9 Drug and Alcohol Testing Policy
Applicable to Commercial Motor Vehicle Drivers (CDL) Only
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:
41
amphetamine or any formulation thereof; a narcotic drug or any derivative thereof; or
any other substance which may or does render the driver incapable of safely operating
a CMV.
A driver must inform the District of any therapeutic drug use, including on-duty use and
off-duty use which may affect on-duty performance.
No driver shall report for duty, remain on duty or perform a safety-sensitive function, if
the driver tests positive for controlled substances.
The Federal Department of Transportation (DOT) requires that the District implement an
alcohol and drug testing program which complies with the applicable DOT rules under
49 Code of Federal Regulations Part 40.
Consent to alcohol and-or drug test: no CMV driver shall refuse to submit to a post
accident test, a random test, a reasonable suspicion test, return-to-duty test or a follow-
up
test as required by DOT regulations.
Definitions -
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.
Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol or other low
molecular weight alcohol's including methyl and isopropyl alcohol.
Alcohol,
49 the sumption of any beverage, mixture, or preparation, including any
meditn (presc or over-the-counter, intentional or unintentional), containing
alcoho ,
Breath alcoh o l technicians T is an individual who instructs and assists individuals in
�,
the alcohol testing process;#nd operates an evidential breath testing device (EBT).
Commercial motor V.661cle is a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle:
• 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.
• Has a gross vehicle weight rating of 26,001 or more pounds.
43
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.
Refusal to submit (to an alcohol or controlled substance test) is when a driver:
• 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;
• 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
• Engages in conduct that clearly obstructs the testing process.
Safely-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-sensitised
functions include all functions performed by a covered employee during on
time a
include:
• All time at the District or work site, unless the driver has been relieved from duty
by the District.
• All time inspecting equipment or otherwise servicing or conditioning any CMV at
any time.
• All driving time.
• All time, other than driving time, in or upon any CMV.
• 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.
• All time repairing, obtaining assistance, or remaining in attendance upon a
disabled CMV.
Screening test (a.k.a. initial test) in alcohol testing is an analytical procedure to determine In
whether a driver may have a prohibited concentration of alcohol in his or her system.
45
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.
Testina Circumstances
Pre-Employment/Pre-Duty Testing
This type of testing applies to:
• 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
• District employees who usually drive vehicles for which a CDL is not required to
operate, but then is required to obtain a CIDL and drive CMVs for the District.
Exceptions - A preemployment drug drug test is not required if the following conditions are
met:
• The:dr� r,participated in a drug testing program meeting the requirements of the
F� withir' he previous 30 days;
. mile participatingn the program, the driver either was tested for controlled
su �nces in the previous '6 months, or participated in a random drug testing
program for the previews 12 months; and
• No prior ernpioyq�r 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:
• The name and address of the program, which is generally the driver's prior and/or
current employer.
47
Random Testing
Alcohol Testing Rate: random alcohol testing shall be administered at a minimum annual
rate of 25 percent of the average number of driver positions, or as changed by the FHWA
and published in the Federal Register.
Drug Testing Rate: random drug testing shall be administered at a minimum annual rate
of 50 percent of the average number of driver positions, or as changed by the FHWA and
published in the Federal Register.
Appropriate time for random testing:
• Alcohol testing: A driver shall only be tested While the driver.is performing safety-
sensitive functions, immediately prior ta.% performing or, immediately after
performing safety-sensitive functions.
• 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.
Selection and Notification:
Selection of drivers shall be made by a scientifiically 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 of employee name selection for drug and alcohol testing, the District shall
purposes
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
of
minimum selection- requirements established by the Federal Department
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.
49
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 determine" by the SAP, but must
consist of at least six tests in the first 12 months following the driver's return to duty.
Follow-up testing may be done for up to 60 months.
If the SAP determines that a driver needs assistance with a pow substance abuse
problem, the SAP may require an alcohol test tc '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 shacc be paid directly by the employee
and/or his or her insurance provider.
The cost of the services of the SAP" for the initial evacuation and areturn-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.
Follow-up Testing
If a SAP determines that.a driver needs assistance resolving problems associated with
alcohol or drug use, the District shall ensure that the driver is subject to unannounced
follow-up testing following the driver's return to duty.
The number and frequency of the tests are to be determined by the SAP, but must
consist of at least six tests during the first 12 months following the driver's return to duty.t
Follow-up testing may be done for up to 60 months. The SAP can terminate
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 t
he
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.
51
• Devices approved by the NHTSA are placed on the "Conforming Products List of
Alcohol Screening Devices."
• 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:
• 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.
• 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:
• The BAT sha11 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'confIMOIaion test.
Thy wait* tR perOd begins with the completion of the screening test, and
shall not be le
ss,t an 15 m.nutes.
The confirmation test shy `be conducted within 30 minutes of the completion of the
screening test
In the event that ►e; creening and confirmation test results are not identical, the
confirmation test rest is deemed to be the final result upon which any action under
operating administration rules shall be based.
Following the completion of the test, the BAT shall date the form and sign the
certification in Step 3 of the form. The employee shall sign the certification and fill in the
date in Step 4 of the form.
The BAT shall transmit all results to the District in a confidential manner.
Drug Test Procedures
53
to provide the services required, principally services as an arbiter between the
laboratory and the District.
• 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.
• The MRO may require that the laboratory provide quantitation of test results.
• The laboratory must report as negative all specimens which-are negative on the
initial test or confirmed negative by the GUMS.
• GC/MS:as positive are reported as positive.
Only specimens confirmed by
The laboratory may transmit the test results to tie MRO by various electronic means
such as facsimile or computer, sty Ion g, as those m6thods are designed to maintain
confidentiality.
The MRO must assess and determine.,whether alternate medical explanations could
account for the positive test results.
• To accomplish this task, the MROI.,Imay conduct medical interviews of the
individual, review the individual's medical history and review any other relevant
bio-medical factors.
v
Ad itionall t MRO must examine all medical records and data made available
the tested indllVidual, such as evidence of prescribed medications.
The-URO must not consider any specimen results that arise from collection or
analysi 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.
55
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:
• Records related to the collection process: collection logbooks (if used);
documents related to the random selection process; calibration documentation
for EBTs; documentation of BAT training; documentation of reasoning o
reasonable suspicion testing; documentation of reasoning for post-accident
testing, documents verifying a medical Planation for the inability to provide
adequate breath or urine for testingt and, a consolidated annual calendar year
summary.
• 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
• Records including documentation of any other violations of drug use or alcohol
misuse rules.
• 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.
• 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.
• Records related to drug testing: agreements with collection site facilities,
laboratories, MROs, and consortia; names and positions of officials and their th e
in the District's alcohol and controlled substance testing program, mo y
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.
57
When requested, the District shall disclose post-accident testing information to
the National Transportation Safety Board as part of an accident investigation.
• The District shall make records available to a subsequent employer upon receipt
of a written request from the employee.
• 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.
• 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.
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 tlsted above to the District or regulatory officials with the
proper authority
Annul Ca lendar Yed,Summary Only if notified by FHWA, or upon request of an
off icie +rth proper autf , is the District required to prepare and maintain an annual
calendar year summary of alcohol and drug testing program.
f Red�.rds - phi section explains how long controlled substance and alcohol
Retention o �„�
test records mustbp rnalr0fained, 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
59
➢ Records pertaining to substance abuse professional's (SAP's) determination of
driver's need for assistance
➢ Records concerning a driver's compliance with SAP's recommendations
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 aterials
➢ Documentation of supervisor training
➢ Certification that training conducted under this rule complies with all requirements
of the rule
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
➢ The District's drug testing policy and procedures
Location of Records - Ali required records shall be maintained in a secure location with
limited access as selected b 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: Spec#1d records may be maintained on computer or at a regional or
terr � office, provided'.the records can be made available upon request from FHWA
niri
within N04 working days
Effects of 1)rugs,,and Alcoho
Marijuana - Marijdn is the common term used to describe the cannabis plant.
Marijuana (also called pot, grass or dope) is usually smoked. Marijuana is both
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 a
nd
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
61