HomeMy WebLinkAbout#14 Employee Benefits Change AGENDA ITEM #14
F��r Public Utility District
MEETING DATE: March 6, 2024
TO: Board of Directors
FROM: Jillian Steward, Human Resources Director
Michael Salmon, Chief Financial Officer
SUBJECT: Consideration of Approval of Employee Benefits Changes
APPROVED BY:
Brian C. Wright, General Manager
RECOMMENDATION:
Approve Resolution 2024-04 amending District Code - Title 4 Personnel as presented
in Attachment 1, which provides modifications to employee benefits.
BACKGROUND:
District Code, Title 4 Personnel codifies group benefits for all regular employees who
are not represented by a Union Memorandum of Understanding (MOU), as well as
other personnel policies. As part of the unrepresented employees group compensation
negotiations for 2024, certain benefit changes have been identified. Revisions to Title 4
are accomplished by a Resolution adopted by the Board.
ANALYSIS AND BODY:
In summary, approval of Resolution 2024-04 (attachment 1) amending District Code,
Title 4 provides for the following revisions:
1 4.07.020.3, changing the vision plan benefit from $400 to $500 per covered
employee or dependent
2 4.07.050, for retiree's vision benefit, specifying the change to $500 is for retirees
with retirements effective 1/1/2024 or later.
3 4.07.101.1, for paid sick leave cash-out, reducing the minimum accrued sick hours
from 600 to 500 hours
4 4.07.035, adding documentation of the 457B District match and increasing the
match by 2.0% compared to the current level
5 4.07.090, changing the administrative leave benefit from 9 days to 10 days
(formalizing in District Code the effective 1/1/2023 board previously approved change)
6 4.07.020.6, adding a new Wellness benefit program, a FY24 budgeted benefit
addition
Attachment 2 provides a red-line above within the complete Title 4 text.
Below is information regarding each of the above-noted benefit changes.
Page 1 of 4
Page 47 of 449
1. Increase the vision benefit from $400 to $500 per employee and dependent. The
vision benefit has been $400 per year per eligible participant for decades, and has not
adjusted for inflation. The increase of$100 is estimated to have an annual cost
increase impact of $14,000 (all Employees/Retirees). Resolution 2024-04 provides
the update to 4.07.020.3 Vision Plan dollar amount per participant.
2. For Post-Retirement Health Benefits (4.07.050) specifies the change to $500 is only
for retirees retiring after 11112024. Therefore, the benefit remains $400 per year for all
current retirees and dependents who are eligible.
3. Paid Sick Leave cash-out currently has a minimum balance threshold of 600
hours. Unrepresented employees recommend reducing this policy to 500 hours. There
are currently 6 employees with more than 600 hours of sick time accrued, and 3 with
between 500 and 600 hours. Cashing out hours is an elective/optional matter from a
cash flow basis. On an accounting basis, this change is estimated to have a one-time
expense charge of$27,500 (non-cash).
4. Effective 7/01/23, CalPERS increased the required PEPRA employee contribution
rate from 6.75% to 7.75%, a 1% increase. To offset this increase, which would have
resulted in an additional 1% deduction in a PEPRA employee's paycheck, the District
reduced the minimum contribution to the employees' 457b plan by 1%, from 6.28% to
5.28% effective 7/01/23. The District's retirement plan for PEPRA employees includes
a match of the 457b minimum contribution into a 401 a plan, so this match was also
reduced by 1%, 6.28% to 5.28% effective 7/01/23. These changes were made based
on the intent of the PEPRA members section of the Memorandum of Understanding
with IBEW 1245, section 19.2(h) Retirement Plans.
The total impact of these changes to PEPRA employees is that they are now paying
1% more into the pension program for the same benefit and lost a 1% contribution
match, a total of a 2% loss in their retirement benefit. As of January 2024, the District's
employee CalPERS pension participant mix is 69% PEPRA to 31% CLASSIC, therefore
this change is affecting the majority of our staff. On 7/01/23 The District's retirement
cost for PEPRA employees increased 0.21% to 7.68% and the District's contribution to
the 401 a match decreased 1% to 5.28%, resulting in a net change of a decrease of
0.79% to a total contribution for PEPRA employees of 12.96% of wages. The District's
total contribution for CLASSIC member employees is currently 15.17% of wages.
Resolution 2024-04 provides new section as follows:
4.07.035 PEPRA Members — Employee and District Contributions
a) The CaIPERs contributions by the Employee and District are determined by the
annual actuarial valuation reports issued annually in July by CalPERS.
b) 457(b) or 401(a) Plan Contributions —
1. Employee shall pay a percentage of wages equal to 13.03% minus the employee
contribution in a) above.
2. District shall pay a percentage of wages equal to 13.03% minus the employee
contribution in a) above plus 2.0%; subject to a maximum combined rate of District
CalPERS contribution in a) above and b) District contribution shall not exceed the
Classic pension District contribution rate.
Page 2 of 4
Page 48 of 449
Below summarizes the above information in table form
Current Proposed
To 2020 FYE 6130 to 613012024 FYE 6130
2019 to 2023 2024 eff.11112024 2025
PEPRA member of CalPERS Pension: Employee
CalPERS Contribution 6.25% 6.75% 7.75% 7.75% 7.75%
Def.Comp.457(b)Contrib.(Req.Minimum) 6.78% 6.28% 5.28% 5.28% 5.28%
Combined Retirement Paid by Employee,PEPRA 13.03% 13.03% 13.03% 13.03% 13.03%
for ref.Classic,required contribution by Employee 8.00% 8.00% 8.00% 8.00% 8.00%
PEPRA member of CalPERS Pension: DISTRICT
CalPERS Contribution(varies slightly by year) 6.84% 7A7% 7.68% 7.68% 7.87%
Def.Comp.401(a)Contribution 6.76% 6.28% 5.28% 7.28% 7.28%
Combined Retirement Paid by Employer 13.62% 13.76% 12.96% 14.96% 15.15%
for ref.Classic,required conbrbution by District 11.57% 13,35% 15.17% 15.17% 15.24%
Excludes C LASSIC UAL($1 Am for 2025)
5. In FY23 for 2023 and forward, the Board approved an increase in the administrative
leave benefit for unrepresented employees; changing the administrative leave benefit
from 9 days to 10 days. Revising 4.07.090 formalizes Title 4 for this effective 1/1/2023
previously board approved change.
6. The approved FY24 FY25 budget included a new wellness benefit program. The
addition of chapter 4.07.020.6 to Title 4 codifies this new benefit program at up to $500
per year per active employee and active board director.
The unrepresented employee group benefit changes are recommended to be effective
11112024.
Staff recommends the benefit items outlined in this report to be in alignment with MOU
represented and unrepresented employees in 2024. For represented (MOU)
employees, these benefit items are pending review by IBEW Local 1245 and will
require a letter of agreement for amendments to the MOU.
GOALS AND OBJECTIVES:
District Code 1.05.020 Objectives:
2. Provide a healthy and safe work environment for all District employees.
6. Manage the District in an effective, efficient and fiscally responsible manner.
District Code 1.05.030 Goals:
1. Manage for Financial Stability and Resiliency
5. Developing an inclusive culture drives organizational integration and success.
FISCAL IMPACT:
Page 3 of 4
Page 49 of 449
Below are the financial impacts for all employees (ie assumes the represented
employee group to align with the unrepresented employee group, as applicable).
Items 1 and 2, the vision benefit change equates to an estimated $14,000 annual cost
impact.
Item 3, the paid sick leave cash-out is estimated to have a nominal cash outflow impact
and $27,500 non-cash expense cost charge.
Item 4, the PEPRA district's contribution increase of 2.0% is estimated to have a 2024
impact of $137,800.
Item 5, administrative leave benefit increase of one day, was previously approved by
the Board, included in Budget for FY24 & FY25 and has no incremental cost impact.
Item 6, new wellness benefit, was included in FY24 and FY25 budget, $35,000 and
$37,500 respectively.
The District's operating reserves of$6.51M Electric and $7.7M Water are sufficient to
fund above items 1 to 4 non-budgeted impacts.
ATTACHMENTS:
1. R2024-04 Adopting Amendments to District Code Title 4
2. Title 4 Personnel - 2020-04
Page 4 of 4
Page 50 of 449
TRUCKEE r
Publ'IC Utility District
Resolution No. 2024-04
ADOPTING AMENDMENTS TO DISTRICT CODE TITLE 4
WHEREAS, TITLE 4 PERSONNEL of District Code provides personnel general personnel
policies and provisions for Employee Benefits; and
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to
amend the District Code Title 4 to account for updated provisions in employee benefits; and
WHEREAS, it is the Board's desire to amend District Code Title 4 Personnel to specify
certain benefit items, effective 1/1/2024 (unless stated otherwise) and so,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District to authorize the following amendments to District Code Title 4:
1) 4.07.020.3 shall be amended to modify the vision benefit from $400 to $500
2) 4.07.035 of Title 4 shall be added and read as follows:
4.07.035 PEPRA Members — Em Io ee and District Contributions
a) CalPers Contributions by the Employee and District are determined by the annual
actuarial valuation reports issued annually in July.
b) 457(b) or 401(a) Plan Contributions —
1. Employee shall pay a percentage of wages equal to 13.03% minus the
employee contribution in a) above.
2. District shall pay a percentage of wages equal to 13.03% minus the
employee contribution in a) above plus 2.0%; subject to a maximum
combined rate of District CalPERS contribution in a) above and b)2 District
contribution shall not exceed the Classic pension District contribution rate.
3) 4.07.050 Post-Retirement Health Benefits, the next to last sentence shall be
amended (amendments in italics) to read as follows:
The vision benefit will remain the same without any monthly caps; with retirements
effective on or before December 31, 2023 at the $400 per eligible individual benefit
level and employee retirements effective post-12131/2023 at the $500 per eligible
individual benefit level.
4) 4,07.010.1 Paid Sick Leave Cash-Out Plan, , to change the 600 hours limit to 500
hours
5) 4.07.090 of Title 4 shall be amended to change administrative leave benefit from 9
Page 51 of 449
days to 10 days per calendar year. This item effective 1/112023.
6) 4.07.020.6, adding new Wellness benefit program, a FY24 budgeted benefit
addition.
Attachment 1 to this Resolution 2024-4 (attachment 2 of staff report) provides complete
District Code Title 4 including the full wording of changes referenced above in items A.
through E.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility
District at a meeting held within said District on March 6, 2024 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
BYw..- - -
Jeff Bender, President
ATTEST:
Brian Wright, General Manager
Page 52 of 449
Agenda Item # 12
DONNER
o;P1 -
ACTION
To: Board of Directors
From: Brian Wright
Date: May 20, 2020
Subject: Consideration of Letter of Referral Submitted by IBEW 1245
Regarding MOU Grievance
1. WHY THIS MATTER IS BEFORE THE BOARD
Step 3 of Section 14.4,Grievance Procedure Steps, of Title 14, Grievance Procedure
of the Memorandum of Understanding (MOU) between the District and IBEW 1245
includes provisions for the Board's written response to a grievance submitted by an
employee or an employee organization official if desired by the employee.
2. HISTORY
The majority of the District's operations, maintenance and administrative staff (non-
exempt employees) is a bargaining unit that is represented by the International
Brotherhood of Electrical Workers (IBEW) Local 1245. The District and IBEW 1245
have maintained a Memorandum of Understanding (MOU) since May 1, 1967. The
previous MOU with IBEW Local 1245 became effective on January 1, 2016 and
expired on December 31, 2019.
In November and December of 2019, the District's labor negotiating team met with
IBEW business representatives and the Local 1245 negotiating committee (District
bargaining unit employees) to negotiate the terms of the new MOU. On December 12,
2019 the District and IBEW arrived at a tentative agreement on all proposed
modifications, pending ratification by majority vote from IBEW Local 1245 membership
and approval by the Board. In the interest of honoring the tentative agreement, all of
the new provisions within the MOU were implemented and made effective January 1,
2020.
On February 5, 2020, IBEW 1245 submitted a grievance to the District on the grounds
that the District failed to uphold the terms of Title 19, Employee Benefit Program. The
grievance reveals a material difference in interpretation by the District and IBEW Local
1245 as to the applicability of the MOU to previously retired employees of the District.
Page 53 of 449
District staff holds the position that during negotiations, compensation and benefits are
provisions that were negotiated on behalf of current employees only. IBEW 1245
represents the bargaining unit, which is comprised of current employees. It does not
include former employees, including those who have retired from the District.
Therefore, District staff had no expectation or reasonable basis upon which to believe
that in negotiating with IBEW 1245 that it was negotiating compensation and benefits
for anyone other than those persons who are members of the bargaining unit. In other
words, there was no expectation or basis upon which to believe that it was bargaining
for benefits for anyone who is not a member of the bargaining unit, i.e. - retirees..
At no point during the negotiations did the IBEW 1245, the District's negotiating team
or the Board of Directors indicate or suggest that any of the negotiations were being
conducted on behalf of non-bargaining unit or previous employees. In the context of
the grievance submitted by IBEW 1245 on April 14th, this includes increases in the
District's monthly contribution to post retirement benefits. This holds true with other
negotiated provisions such as wage increases, increases in employee monthly
contributions to group medical insurance plans and other economic benefits.
On February 20, 2020, the District and IBEW 1245 held an informal meeting to
discuss the difference in interpretation of Title 19, and its potential impact on the
timely approval of the MOU. Neither party conceded its position in terms of the
applicability of newly negotiated benefits to previously retired employees. Subsequent
to this meeting, a second informal meeting was held between the District and IBEW
1245 with the intent of finding resolution to the disputed item and proceed with the
timely approval of the new MOU. In this meeting both parties agreed that advisory
arbitration, as provided in Title 14 of the MOU, was the appropriate means for seeking
resolution.
The parties entered into a "Side Letter Agreement" whereby they agreed to resolve
their difference without further meet and confer and by allowing the Board to adopt the
proposed MOU without either party waiving its respective position on the disputed
issue. The Side Letter Agreement has been included with this staff report as
Attachment 2. Following final review, IBEW ratified the proposed MOU on February
25, 2020.
At the March 18, 2020 meeting, the Board approved the MOU and acknowledged the
Side Letter Agreement.
3. NEW INFORMATION
On April 14, 2020 the District received a second grievance from IBEW 1245 that was
substantially the same as the grievance received on February 5, 2020. The Grievance
received from IBEW 1245 on April 14, 2020 has been included with this Staff Report
as Attachment 1 . In accordance with Step 2 of the Grievance Procedures outlined in
Title 14 of the MOU, the District responded to IBEW 1245 on April 15, 2020, stating
Page 54 of 449
that the District's position on the disputed item had not changed and that subsequent
to the initial grievance submitted on February 5, 2020, both parties had agreed to find
resolution through advisory arbitration.
On May 5, 2020, in accordance with Step 3 of the Grievance Procedures outlined in
Title 14 of the MOU, IBEW 1245 submitted to the Board a Letter of Referral for
consideration of the grievance submitted on April 14, 2020. The Letter of Referral has
been included with this Staff Report as Attachment 2. Not only was the Letter of
Referral submitted in contravention of the Side Letter Agreement, it was submitted the
day before the May 6, 2020 Board meeting and after the agenda for the meeting had
been posted. Therefore, the Board would not have been able to hear and decide on
the Letter of Referral within 10 days as required by the MOU.
Regardless of the fact that it was submitted in contravention of the Side Letter
Agreement, the District informed IBEW 1245 that if it wanted the Board to consider the
Referral Letter, it would need to waive the 10-day period in writing. IBEW 1245
waived the 10-day period. A copy of the District's letter and IBEW 1245's response
are included with this Staff Report as Attachments 3 and 4, respectively.
It should be noted that there are multiple inaccuracies within the Letter of Referral,
most significantly:
• In paragraph 5 of the letter, IBEW 1245 Business Representative, Mike
Venturino indicates that during an informal meeting held on February 20, 2020
"Mr. Holley conveyed in confidence that the cancellation of payment to current
retirees was due to outside pressure from unrepresented retirees." This is
entirely inaccurate. During the meeting, IBEW 1245 was informed that the
previous retirees were never intended to receive the increased post retirement
benefit, that Staff had mistakenly distributed the increased contributions to
existing retirees in January 2020, and once the mistake was identified, the
contribution amounts were corrected. Furthermore, IBEW 1245 was informed
that former unrepresented retirees were in fact collaborating with former union
retirees to protest the action jointly.
The options under consideration by the Board include the following:
1.) Reject the grievance submitted by IBEW 1245 on April 14, 2020, at which point
IBEW 1245 would have the option, in accordance with Step 4 of the Grievance
Procedures outlined in Title 14 of the MOU, to submit the grievance to non-binding
advisory arbitration within twenty (20) days. The arbitrator shall then provide a written
recommendation to the Board. The Board would then have ten (10) days to provide a
final written decision; or
Page 55 of 449
2.) Accept the grievance submitted by IBEW 1245 as valid, thereby affirming the
position that IBEW 1245 represents past employees and direct staff to increase the
District's post retirement medical benefit contributions for existing employees, effective
January 1, 2020.
In making a determination as to how to proceed in this matter, the Board may wish to
consider some of the following contributing factors:
• Generally speaking, labor negotiations between the District and the employee's
collective bargaining unit are conducted under the pretext that newly agreed
upon provisions are intended for the benefit of retaining current employees and
the recruitment of future employees. The negotiation process includes
compromises in providing monetary increases to some provisions within the
compensation and benefits package as well as cost containment or employee
contributions to other provisions within the package. Past employees are not
represented at the table and therefore are not subject to either side of the
compromises agreed upon, whether those are increases in provisions or
additional costs to the employees. Employees who retire from the District are
subject to the compensation and benefits package, and all other provisions
available and which had been agreed upon and in place at the time of
retirement. Subsequent negotiations, agreements and MOUs do of apply to
individuals not employed by the District or in this case who are no longer
members of the collective bargaining unit at the time of the agreement unless
otherwise explicitly agreed upon. Former employees and retirees are not
members of IBEW 1245 and do not pay dues, so it is curious as to why IBEW
1245 takes the position that it bargained on behalf of them.
• Title 14 of the MOU, Grievance Procedures stipulates that an employee, and/or
an employee organization official if desired by the employee, shall refer the
issue in witting. The District contends that both the original grievance received
on February 5, 2020, and the second grievance received on April 14, 2020
have been submitted by IBEW 1245 on behalf of ex-employees, not
employees, who are no longer members of the collective bargaining unit, and
therefore not covered by the current MOU. In other words, the Union had no
standing to submit these grievances. During the informal meeting held
between the District's labor negotiating team and IBEW 1245 representatives,
Staff indicated that one of the contributing factors of the dispute is whether
IBEW 1245 had standing to submit the grievance, as it has been submitted on
behalf of a group IBEW 1245 does not represent. Moving directly to advisory
arbitration was recommended during this meeting to determine the validity of
the grievance and avoid re-opening negotiations which would have financial
implications to represented employees.
Page 56 of 449
• During the negotiations, the District's negotiating team received parameters
from the Board to include modest increases in the District's contribution to
employees monthly post retirement medical benefits in exchange for cost
containment measures in the form of monthly employee contributions to group
medical insurance plans. Neither of these provisions were intended to be
applied to previously retired employees.
4. FISCAL IMPACT
The direct fiscal impact associated with this item is not yet known, as it is dependent
upon the direction provided by the Board. The following potential fiscal impacts have
been outlined for consideration:
• If the grievance is rejected there will be no direct fiscal impact associated with
this item. The District will be subject to equal share with the collective
bargaining unit for the cost of advisory arbitration should IBEW 1245 choose to
pursue that option. The actual cost of arbitration is not known at this time.
• If the grievance is accepted and the Board determines it appropriate to apply
the negotiated increases in the District's contributions to post retirement
medical benefits to all past retirees, there will be an estimated annual increase
in the District's Other Post Employment Benefits (OPEB) of approximately
$50,000 - $75,000/year. This annual cost estimate is dependent upon the
number of retirees in the program and eligible contributions each year.
5. RECOMMENDATION
Staff recommendation is to reject the grievance submitted by IBEW 1245 on April 14,
2020.
Brian Wright Michael D. Holley
Water Utility Director/Assistant GM General Manager
Page 57 of 449
Attachment 1
May 5, 2020
Jeff Bender
Board President,TDPUD Board of Directors
Truckee Donner PUD
11570 Donner Pass Road
Truckee, CA 96161
Dear Mr. Bender,
As you may be aware, IBEW 1245 and Truckee Donner PUD are currently in dispute over the
applicability of the recently negotiated, December 2019, retiree medical cap increase contained
in Title 19 of the Memorandum of Understanding between IBEW 1245 and TDPUD.
The retiree medical cap increase was included in a Tentative Agreement (TA), that was
presented to and agreed upon by the Board from the District's outside counsel,Joe Wiley,on
December 12, 2019, the last day of bargaining. With the understanding of approval of the TA
from the Board, at the Union's next unit meeting on December 17, 2019, a ratification vote was
held, and the TA was successfully passed by the Union membership.
On January 1, 2020, the economic provisions of the TA, approved by the Board and accepted by
the membership, were implemented by the District, including the retiree medical cap increase,
which was accordingly, paid to all retirees. In early February 2020,the Union became aware
that the District would not continue to pay the retiree medical cap increase to current retirees,
in contravention of what was bargained and ratified by the Union's membership.
Consequently, on February 5, 2020, a grievance was filed on behalf of the retirees. This led to
the discovery that although the Board had approved and agreed to the TA, it had not been
"formally adopted" in an open meeting, which made the grievance premature. Based on this
information,the Union withdrew its grievance on February 12, 2020,with the intention of
refiling once the dispute became ripe. On the morning of February 20, 2020, an informal
meeting was scheduled to discuss the issue. In attendance were General Manager Michael
Holley,Water Utility Director Brian Wright, IBEW 1245 Assistant Business Manager Al Fortier
and IBEW 1245 Business Representative Mike Venturino.
During the meeting, Mr. Holley conveyed in confidence that the cancellation of payment to
current retirees was due to outside pressure from unrepresented retirees. He further stated
that the Board was inclined not to approve the TA until the parties had resolved the
discrepancy. However, no resolution was reached at that meeting.
Page 58 of 449
Another meeting was scheduled for February 25, 2020,to further discuss the issue. The
attendees included outside counsel for the District,Joe Wiley,Water Utility Director Brian
Wright, Electric Utility Director Joe Horvath, IBEW Assistant Business Manager Al Fortier and
Business Representative Mike Venturino. During the meeting, the parties agreed that they
would execute a side letter agreement that would include terms for resolving the retiree
medical cap increase through the grievance process, so that the TA could be adopted by the
Board. This was executed by the District and the Union on March 3, 2020 and March 5, 2020,
respectively.
With the side letter agreement in place,the TA was finally presented to and adopted by the
Board at its March 18, 2020 meeting. Following the adoption of the TA by the Board, the Union
refilled its grievance on behalf of the retirees on April 14, 2020. In accordance with Title 14 of
the MOU, the Union requested an informal meeting with the General Manager to discuss the
grievance. It was the Union's expectation, based on the language of Title 14, that it would
receive a response from the General Manager regarding this request. However, on April 15,
2020 the Union received acknowledgement of receipt the grievance from Brian Wright, Acting
General Manager—not Michael Holley, General Manger—referring the matter to the District's
outside counsel,Joe Wiley.
In his April 16, 2020 response, Mr. Wiley states that "rather than go through the traditional
steps of the grievance procedure, and based upon our side letter on the issue, I recommend
that we proceed directly to arbitration." His proposal to expedite the grievance to arbitration,
however, is not what the parties agreed to in the side letter agreement, nor is such action
contemplated within Title 14.
During the events described above,there was a Board meeting held on April 15, 2020. Among
the agenda items for this meeting was "Action Item#13," which pertains to District Code 4,
Personnel. Title 4, chapter 4.07 outlines the provisions for employee benefits such as
retirement, medical leave and insurance. During the March 18, 2020 Board meeting Resolution
2020-09 was adopted. The April 15, 2020 meeting was to further clarify District Code 4,
Chapter 4.07.050, Post-Retirement Health Benefits under Resolution 2020-10 to fall in line with
the amounts bargained in December 2019. This was quickly removed from the agenda by Mr.
Holley and no action was taken.
It is the Union's understanding that any increases to the retiree medical caps negotiated over
the years have always been afforded to current retirees, as Title 19, (19.2) (1) 2 allows.
However, seeking a middle ground,on or about April 16, 2020, the Union proposed that the
District pay the increase to all current retirees for the term of the current MOU, 2019-2024, but
that starting January 1, 2025, increases would go solely to members who retired on or after
that date. In the Union's estimation,this is both an equitable and reasonable solution. Not
Page 59 of 449
only does it uphold the parties' mutual intent at the bargaining table, it also resolves the
current grievance and provides the District with an end date.
Please advise whether the Union's proposal is acceptable.
Sincerely,
„t..�
MI a Venturino
Business Representative
IBEW 1245
Page 60 of 449
J
'J 111� 4•
TO: Michael Holley GM, TDPUD IBEW Local 1245
FROM: Mike Venturino—Business Representative Local 1245 TDPUD Grievance Form
Date: 4/14/20 grievance# 01-2020
STATEMENT OF FACT
IBEW is submitting a grievance pursuant to the Memorandum of Understanding between the Truckee
Donner PUD and IBEW L.U. 1245, Titlel4 Grievance Procedure. On or about April 1, 2020, TDPUD failed
to make appropriate retiree medical payments in accordance with the MOU.
SECTION OF MOU VIOLATED
TITLE 19 EMPLOYEE BENEFIT PROGRAM, and all other applicable Titles, Policies and/or Procedures
(1) Post-Retirement Medical and Dental Benefits:
REQUESTED REMEDY OF GRIEVANCE
The Union requests that the District cease practice of violating the MOU and make the retirees whole for
all losses.
IBEW 1245 Representative:
Page 61 of 449
(1) Post Retirement Medical and Dental Benefits:
(1) To be eligible to receive post-retirement health benefits, an employee must have
at least ten (10) years of service with the District. Years of service is defined as
cumulative years of service with the District, which may or may not be consecutive
years. Employees, who retire from the District and meet the service requirement
stated above, will receive a District contribution towards their post-retirement
health benefits premium with the insurance company that is contracted for retiree
benefits with the District at the time of the employee's retirement, [or to an HRA
Heath Reimbursement Account as indicated below] as follows:
Percent of Premium Paid
Years of Service by District
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%
The post-retirement plan is the same as the active employees' medical plan
except for a $500 deductible per person compared to a $400 deductible per
person for employees. Retirees may choose the High Deductible Health Plan
as a lower cost alternative to the PPO plan.
For example, a person retiring at age 55 with 19 years of service would have 95%
of the retiree and dependent caps paid by the District.
(2) The benefit paid by the District is capped as listed below:
Monthly Caps
Individual only $ 600
Spouse only $ 600
Child(ren) only $ 600
Spouse & child(ren) only $ 1,000
Medicare Rate $ 500
If the premiums increase above the monthly cap, the retiree will pay the difference
between the new premium and their percent of benefit established upon retirement
multiplied by the cap. Example:A person retiring at age 55 with 19 years of service
would have 95% of the retiree and dependent caps paid by the District. If initially
the premium for individual only was$340, the retiree would pay 340—(95%x$340)
_ $17.00 If the premium increases to $500 while the cap is$475, the retiree would
Page 62 of 449
pay 500— (95% x$475) _ $48.75.
(3) Retiree cannot leave the plan and then come back. Once time is broken on the
plan, the employee or retiree cannot come back on the medical plan.
(4) If the retiree is paying for part of the medical coverage it will be done through an
electronic fund transfer from the retiree's account on a monthly basis.
(5) When the retiree is eligible for Medicare, it is mandatory that the retiree enroll for
Medicare Part B coverage.
(6) Should the District change the insurance plans or coverage through the collective
bargaining process, those will apply to retirees also.
(7) The vision benefit will remain the same without any monthly caps.
Page 63 of 449
SIDE LETTER AGREEMENT
This Side Letter Agreement is entered into between Truckee Donner Public Utility District
("TDPUD")and IBEW Local 1245.
WHEREAS a dispute has arisen as to whether the parties intended in their Tentative Agreement
dated December 13,2020 regarding an increase in the Retiree Medical Benefit Cap Payments to
extend the increase in the Retiree Medical Benefit Cap Payments to those persons retired prior
to January 1,2020;
WHEREAS the successor Memorandum of Understanding("MOU")has not yet been adopted
by the TDPUD Board of Directors;
WHEREAS the parties seek to resolve this dispute without further meet and confer and by
allowing the Board of Directors to adopt the proposed Memorandum of Understanding,
notwithstanding the present dispute regarding interpretation of the terms of the December 13,
2020 Tentative Agreement,and without either party waiving their respective positions relating
to the above dispute.
NOW THEREFORE, the parties agree as follows:
1. If the Board of Directors adopts the proposed MOU, there shall be no adverse inference
regarding the Board's action.
2. The parties agree to submit the dispute regarding the intent of the Tentative Agreement
regarding the increase in the Retiree Medical Benefit Cap Payments for resolution under
Title 14,Grievance Procedure,of the Memorandum of Understanding.
3. By entering into this Agreement,neither party waives any procedural or substantive
arguments it may have regarding the prosecution or defense of this disagreement.
Dated: /j " 3 ' ZC � Dated: -/✓'�/ `�
t
By: " _ By:-4��/
For noe Donner Public Utility is ict For IBEW 1245
Page 64 of 449
Truckee Donner Public Utility District
Directors
Joseph R. Aguera
Jeff Bender
Bob Ellis
Christa Finn
Tony Laliotis
General Manager
Michael D. Holley
May 8, 2020
Mr. Michael J. Venturino
Business Representative
IBEW Local 1245
30 Orange Tree Circle
Vacaville, CA 95687
Subject: Response to Board Referral Letter Received from IBEW 1245 on May 5, 2020
Dear Mr. Venturino:
The Truckee Donner Public Utility District Board of Directors (Board) has received a letter of referral
for a grievance submitted on April 14, 2020 from IBEW 1245. The letter of referral to the Board was
received on May 5,2020,one day prior to the regularly scheduled meeting held on May 6,2020. Because
the letter was received after the meeting agenda had already been published, the item could not be
included on the agenda for Board consideration.
The District is willing to place the item on the agenda for the regularly scheduled meeting on May 20,
2020. This will require IBEW 1245 to provide a written waiver of the requirement for the Board's
written response within ten (10) working days of the next regularly scheduled Board meeting as
prescribed in MOU Title 14, section 14.4, Step 3.
If IBEW 1245 chooses not to provide the written waiver, then the item shall not be placed on the agenda
for consideration within the ten(10)day requirement and the union may move to Step 4 of the grievance
procedures, referral to Advisory Arbitration.
If IBEW 1245 chooses to provide the written waiver for the Board to review the item in open session,
the written waiver and any additional supporting materials intended to be included in the Board packet
for consideration must be received by the District no later than 5:OOpm on Wednesday, May 13cn
Respectfully,
Brian Wright
Water Utility Director(Acting General Manager)
cc: Sharma Kuhlemier, District Clerk
11570 Donner Pass Road,Truckee, CA 96161 —Phone 530-587-3896—www.tdpud.org
Page 65 of 449
May 12, 2020
Mr. Brian Wright, Acting General Manager
Truckee Donner PUD
11570 Donner Pass Road
Truckee, CA 96161
Subject: Waiver, 10-Day Written Response Requirement,TDPUD Board of Directors, MOU
Title 14, (14.4) Step 3
Dear Mr. Wright,
The Union hereby agrees to waive the 10-day written response requirement, set forth in Title
14, (14.4) Step 3 of the MOU, as requested in the District's letter received May 8, 2020, on the
condition that the Union's Letter of Referral and Grievance will be placed on the agenda and
considered by the Board in open session at its next regularly scheduled meeting of May 20,
2020. Furthermore, this agreement (and the Union's waiver) shall establish no precedent.
Respectfully,
9aAa*zF--- -
Mike Venturino
Business Representative
IBEW 1245
Page 66 of 449
REGULAR MEETING MINUTES
May 20, 2020
1. CALL TO ORDER The meeting of the Board of Directors of the Truckee Donner Public Utility
District was called to order at 6:00 p.m. in the TDPUD Boardroom by President Bender.
Disclaimer: Due to the COVID-19 situation and the California Governor's Executive Orders,
this Board meeting was conducted with the Board via video/teleconferencing measures and
live streamed on the District website. Public comment was opened using email and questions
and answers on Zoom.
2. ROLL CALL Directors: Tony Laliotis, Joe Aguera, Bob Ellis, Vice President Finn, and Pres-
ident Bender.
Absent: Director Joe Aguera.
EMPLOYEES PRESENT: Brian Wright, Ian Fitzgerald, Steven Poncelet, Mike Salmon, Joe
Horvath, Michael Holley, and Shanna Kuhlemier.
CONSULTANTS PRESENT — Steve Gross, District Counsel and Pam Hobday, Pamela Hurt
Associates.
OTHERS PRESENT—
3. PLEDGE OF ALLEGIANCE—defer.
4. CHANGES TO THE AGENDA
5. PUBLIC INPUT
President Bender called for public comment, seeing none.
President Bender closed public comment.
6. DIRECTOR UPDATE
Vice President Finn —
• Sent best wishes to Director Aguera who was unable to attend the meeting.
• Stated appreciation for technology through this crazy time.
• Is focused on future goals for the PUD to keep in mind. Items like climate change and
renewable energy are areas to focus.
Director Ellis
• Stated appreciation of the health of the community.
Director Laliotis
• Glad to see businesses starting to open and showing respect for social distancing.
• Appreciated everyone's efforts in doing the right thing.
President Bender
Page 67 of 449
• Appreciated the businesses opening according to protocols.
PUBLIC HEARING
7. Conduct Public Hearing Related to Adoption of District Resolutions 2020-12, 2020-13,
2020-14, and 2020-15 for Annual Electric and Water Standby Charges
Mike Salmon provided a presentation (available upon request).
President Bender opened the public hearing to hear testimony in support or opposition of the
District's Annual standby changes. Seeing none, President Bender closed the public hearing.
Board Comments:
• Discussion on cost of service and these long time fees. With a cost of service analysis
underway for water and electric. The Board directed to staff to include these fees.
o Keeping in mind a proposition 218 process would apply to increase these fees.
Director Laliotis moved, and Director Ellis seconded, that the Board approve the staff recom-
mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was
absent.
CONSENT CALENDAR
8. Consideration of Resolutions to Consolidate the General Election on November 3, 2020.
9. Consideration to Adopt Resolution 2020-11 to Close-Out the SCADA Reliability Improve-
ment Project Phase 5.
10.Consideration to Appoint a Treasurer for the District.
11.Consideration of a Contract to Perform Geotechnical Testing Services.
President Bender called for public comment, there were none.
Director Ellis moved, and Vice President Finn seconded, that the Board approve the Consent
Calendar. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was ab-
sent.
ACTION
12.Consideration of the Letter of Referral Submitted by IBEW 1245 Regarding a Grievance
per the Memorandum of Understanding with IBEW 1245 (MOU).
Brian Wright provided a presentation (available upon request).
President Bender called for public comment.
District Clerk Kuhlemier read into the record the name of those who provided public comments
submitted for consideration and those names who provided public comment on March 18,
2020.
Board Comments:
Page 68 of 449
• Thanked everyone for their comments and emails. Each Director provided input on
receiving and reading every public comment provided.
• District Code outlines the policy clearly and concisely. Being sensitive to comments
and concerns, the Code and interpretation is clear.
• The presentation was through and aligns with negotiation updates to the Board.
• Stated a trust in staff and legal counsel.
o Updates did not include retired employees nor persons not employed by the
District.
• Appreciated the process that is outlined in code and the MOU, the presentation clearly
depicts what the Board understood through negotiations.
• The District negotiates with employees. The District has never negotiated with or for
retirees.
• The District needs to control cost of the public's money.
• An explanation of staffing administration error in January for retirees.
• Does the Union represent women?
Brian Wright answered, IBEW1245 represents hard working women in the District.
President Bender noted that IBEW1245 should consider gender neutrality in their name to in-
clude women.
• Assurances that every comment was read and considered prior to the meeting.
President Bender noted Mike Venturino was making a comment during the meeting that was
inaudible.
General Counsel Gross stated the Union had the opportunity to submit information for the
agenda item. The District clearly and legally stated what the mechanism was for public com-
ment.
President Bender requested Mr. Venturino's comments during the presentation be read into
the record. Those comments are as follows:
Michael Venturino 06:41 PM
Hello?
Michael Venturino 06:40 PM
Mike Venturino, IBEW is on the video chat but apparently cannot be heard
Michael Venturino 06:42 PM
I can see the video and hear the video, but appaently i cannot be heard
Michael Venturino 06:43 PM
correct
Michael Venturino 06:44 PM
I would ask the Board review my submission, to Brian
Michael Venturino 06:44 PM
In the Board packet there should have been a submission
Michael Venturino 06:45 PM
can type, but it will take several minutes as I do not quickly
Michael Venturino 06:45 PM
type quickly
Michael Venturino 06:46 PM
The highlightes section is very clear and unambiguous.
Page 69 of 449
Michael Venturino 06:46 PM
sorry, highlighted
Michael Venturino 06:47 PM
the increaase was a change in coverage, and will apply to retirees
Michael Venturino 06:48 PM
The side letter only stipulates that Title 14 would be followed, not go straight to arbitration as
suggested by Mr. Wright
Michael Venturino 06:49 PM
Retirees are a permissive subject of bargaining and without specifically "excluding" them from
bargaining, they would then be included.
Michael Venturino 06:50 PM
Why then are current retirees being paid as per the most current MOU?
Michael Venturino 06:52 PM
A resolution that is favorable to both the Union and the District is proposed in the last para-
graph of the letter of referral. It is fair and reasonable and limits the Districts liability going
forwARD. Please read!
Michael Venturino 06:53 PM
Thank you Mr. Gross
Michael Venturino 06:54 PM
was not aware I would not be able to spe
Vice President Finn moved, and President Bender seconded, that the Board approve the staff
recommendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera
was absent.
13.Consideration of a Contract to Perform the Water Meter Radio Transmitter Replacement
Project.
Brian Wright proved a presentation (available upon request).
President Bender called for public comment, there were none.
Director Ellis moved, and Vice President Finn seconded, that the Board approve the staff rec-
ommendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was
absent.
14.Consideration of a Contract to Complete the Tank Site Piping Modifications Project.
This item concerns a contract with Longo Incorporated in an amount not to exceed
$321,500.
Brian Wright proved a presentation (available upon request).
President Bender called for public comment, there were none.
Director Laliotis moved, and Director Ellis seconded, that the Board approve the staff recom-
mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was
absent.
Page 70 of 449
President Bender called a recess at 7:27 p.m.
The Board reconvened at 7:35 p.m.
WORKSHOP
15.Review the Proposed Water Utility Ten Year Capital Improvement Plan.
This item involves review of the proposed updated Water Utility Ten Year Capital Im-
provement Plan.
Brian Wright proved a presentation (available upon request).
President Bender called for public comment, there were none.
Board Comments:
• A large tool for the Board to use for the rate study
• Large numbers but informative to work with staff and prioritize.
• Resilience and sustainability are in every project the District embarks on.
o How does the Board meet these goals strategically?
o The Town approved a 100% renewable resolution. The first project the Town
embarked on did not fit the resolution and commitment.
o Wants the Board to set the standard and ensure we meet our commitments.
• There are opportunities to shape the plan and the future of the District.
• Use the rate study to prioritize this plan
• This is an opportunity to leverage the District in the future.
16.Review of the District's COVID-19 Relief Efforts.
This item involves an update to the Board on the COVID-19 Relief Program.
Steven Poncelet proved a presentation (available upon request).
President Bender called for public comment, there were none.
Board Comments:
• Continue to work closely with business partners in need of help.
• Ideas for business customers.
o Introduced staff's idea to help mid-level customers.
ROUTINE BUSINES
17. Treasurer's Report: May 2020.
a) Approval of the Treasurer's report of fund balances for the Month Ended March
2020.
President Bender called for public comment, there were none.
Director Ellis moved, and Director Laliotis seconded, that the Board approve the staff recom-
mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was
absent.
Page 71 of 449
b) Approval of disbursements for April 2020.
President Bender called for public comment, there were none.
Director Laliotis moved, and Director Ellis seconded, that the Board approve the staff recom-
mendation. The motion passed unanimously (4-0), by a roll call vote. Director Aguera was
absent.
18.Approval of the Minutes of May 6, 2020
President Bender called for public comment, there were none.
Director Ellis moved, and President Bender seconded that the Board approve the minutes. The
motion passed unanimously (4-0), by a roll call vote. Director Aguera was absent.
CLOSED SESSION —8:35 p.m.
19.Closed Session Pursuant to Government Code Section 54957.6, Conference with Labor
Negotiators: Agency designated representatives: President, Jeff Bender; and Director,
Tony Laliotis Unrepresented employee: General Manager No reportable action.
20.Closed Session Pursuant to Government Code Section 54957, Public Employee Perfor-
mance Evaluation — General Manager's Performance Plan Review. No reportable action.
ADJOURNMENT- 10:07 p.m.
There being no further business before the Board, the meeting was adjourned to the next
scheduled regularly scheduled meeting of the Truckee Donner Public Utility District on June 3,
2020 at 6:00 p.m.
TRUCKEE RP IC UTILITY DISTRICT
Jeff Ben er, sident
Respectfully Submitted,
Shanna D. Kuhlemier, CIVIC, District Clerk
Page 72 of 449
ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
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TITLE 4 Formatted:Centered
PERSONNEL
CHAPTERS:
4.01 General Administration
4.02 Employment Non-Discrimination
4.03 Job Descriptions
4.04 Recruitment and Examinations
4.05 Appointments and Probationary Period
4.06 Compensation
4.07 Employment Benefits, Holidays, and Leaves
4.08 Performance Appraisal
4.09 Employee Activities
4.10 Disciplinary Actions
4.11 Grievances
4.12 Employee Safety and Health
CHAPTER 4.01
GENERAL ADMINISTRATION
Sections:
4.01.010 Introduction
4.01.020 Personnel Administration and Delegation
4.01.030 Personnel Records
4.01.040 Medical Records
4.01.050 Coordination with Memorandum of Understanding
4.01.060 Release of Employee Information
4.01.010 Introduction It is the intent of the District to establish and maintain an equitable
and uniform system for dealing with personnel matters. It is also the intent of the District to
comply with applicable laws relating to the fair and equitable administration of a
comprehensive personnel system. The rules and polices contained in this Title of the
District Code reflect the principles and standards of the District's system of employment.
The provisions of the personnel policies included in this Title do not constitute a contractual
right to District employment. Each employee is responsible for knowledge of and
compliance with these rules.
The District reserves the right to change or modify the terms and conditions set forth in
this Title.
4.01.020 Personnel Administration and Delegation The Board of Directors authorizes
the General Manager to administer,interpret,and implement the District personnel policies.
The General Manager may delegate any of the personnel administration authority to other
designees.
Title 4, Personnel
Page 73 of 449
ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
Formatted:Font:Bold,Font color:Red
4.01.030 Personnel Records The District shall maintain a personnel file for each District Formatted:centered
employee, the contents of which meet the customary standards of good personnel
practices and which fairly represent the employee's work history with the District. Such
records shall only be accessible to the General Manager, the employee and such other
persons as the District deems have a "need to know". Department heads and supervisors
shall have access to performance evaluation records of subordinate employees in their
department, as well as such other personnel records about which they have a "need to
know".
Upon the employee's request, the District shall, at reasonable times and intervals, permit
that employee to inspect his or her file. The review will be conducted in the presence of a
Human Resources representative.
4.01.040 Medical Records Human Resources shall maintain all employee medical
information in separate, confidential files. The District will not disclose employee medical
information, except to District management personnel with a legitimate personnel need for
access,without prior written authorization from the employee,or except as required by law,
subpoena, or Court order.
4.01.050 Coordination with Memorandum of Understanding Where an employee is
within the bargaining unit covered by a Memorandum of Understanding (MOU) in effect
between the District and the Union, and the matter is specifically addressed in the MOU,
the terms of the MOU shall govern. In all other cases, the policies included herein shall
apply.
4.01.060 Release of Employee Information It is the policy of the District that all inquiries
regarding current or former employees of the District should be referred to the Human
Resources Department for response.
a) Human Resources staff will release only the facts of current or former employment,
the position held, and dates of employment, unless the employee or former
employee has signed a written waiver authorizing the release of additional
information,
b) Human Resources staff will provide additional information concerning quality of
work only with the prior written consent of the employee or former employee and a
signed Release of Information Authorization form is on file in the FIR Department.
c) The Human Resources staff may authorize individual supervisors to respond to
requests for detailed information when a signed release is on file in the HR
Department.
d) Home addresses or telephone numbers shall not be released except in the case of
an emergency.
Title 4, Personnel
Page 74 of 449
ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
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Formatted:Centered
CHAPTER 4.02
EMPLOYMENT NON-DISCRIMINATION
Sections:
4.02.010 Equal Employment Opportunity Policy
4.02.020 Discrimination, Harassment and Retaliation Policy
4.02.010 Equal Employment Opportunity Policy It is the policy of the District to provide
equal employment opportunity in all aspects of the employer-employee relationship,
including recruiting, hiring, upgrading and promoting,training,education assistance,social
and recreational programs, compensation, benefits, transfers, discipline, layoff, recall and
all privileges and conditions of employment. The District will not unlawfully discriminate
because of race, color, religion, national origin, ancestry, citizenship, sex, age, marital
status, registered domestic partner status, physical or mental disability, medical condition,
sexual orientation, veteran status or on any other protected basis as designated by
applicable federal, state or local law,ordinance or regulation(referred to as the"Protected
Bases").
The District provides employment-related reasonable accommodations to qualified
individuals with disabilities within the meaning of the California Fair Employment and
Housing Act and the Americans with Disabilities Act.
4.02.020 Discrimination, Harassment, and Retaliation Policy The District wishes to
provide a business environment that is free of unlawful discrimination and harassment and
has zero tolerance for this type of behavior. Individuals who engage in such behavior will
be subject to disciplinary action up to and including termination.
Therefore, this policy is established by which persons who believe they have been
subjected to discrimination or harassing behavior may have their concerns reviewed,
addressed and corrected as appropriate.
Res. 2009-13 (5-6-09)
4.02.020.1 Discrimination prohibited: It is the express policy of the District to conduct its
business such that no employee,applicant for employment, customer, supplier,contractor
or any other person who does business with the District or interacts with the District in any
manner is subjected to discrimination on any legally protected basis.
4.02.020.2 Harassment defined: Harassment is a form of misconduct which undermines
the integrity of the employment relationship or the relationship with the public. Harassment
is behavior which is unwelcome, which is offensive to a reasonable person, or lowers
morale or interferes with work.
Title 4, Personnel
Page 75 of 449
ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
4.02.020.3 Sexual harassment defined: Sexual harassment is defined as unwelcome Formatted:Font:Bold,Font color:Red
sexual advances, requests for sexual favors, and other verbal or physical conduct of a Formatted:centered
sexual nature, when:
a) Submission to the conduct is made either explicitly or implicitly a condition of
employment;
b) Submission to or rejection of the conduct by an individual is used as the basis for
an employment decision affecting such individual;
c) Such conduct has the purpose or effect of substantially interfering with the
individual's work performance or creates an intimidating, hostile or offensive work
environment.
4.02.020.4 Other forms of prohibited harassment: Harassment because of any of the
Protected Bases is expressly prohibited. Harassment includes any verbal, written, or
physical act in which any of the Protected Bases is referred to or implied in a manner that
would make another person uncomfortable in the work environment or that would interfere
with another person's ability to perform his or her job. Examples of harassment include
inappropriate comments or jokes;the display or use of offensive objects or pictures;use of
offensive language;or any other inappropriate behavior which has the purpose or effect of
discriminating on any of the Protected Bases as designated by applicable federal,state, or
local law, ordinance or regulation.
a) How to report instances of harassment or retaliation:The District cannot resolve
matters that are not brought to its attention. Any employee, regardless of position,
who has a complaint of or who believes he or she has witnessed harassment,
discrimination or retaliation at work by anyone, including supervisors, managers,
employees or even non-employees, has a responsibility to immediately bring the
matter to the District's attention. If the complaint or observation involves someone
in the employee's direct line of command, or if the employee is uncomfortable
discussing the matter with his or her direct supervisor,the employee is urged to go
to the General Manager.
b) How the District will investigate complaints: The District will thoroughly and
promptly investigate all concerns or complaints under this policy. If an investigation
confirms that misconduct has occurred, the District will take corrective action as
appropriate, up to and including immediate termination of employment.
Complaints under this policy will be kept as confidential as possible. Information will be
released only on a"need to know" basis, and no employee will be subject to retaliation by
the District because he or she has made a report or complaint under this policy.
4.02.020.5 No retaliation: It is strictly against District policy to retaliate against anyone
who reports or assists in making a complaint of prohibited harassment, or who participates
in the investigative process under this policy. Prohibited retaliation may include, but is not
limited to, withholding pay increases, negative evaluations, onerous work assignments,
withdrawing friendly courtesies, demotion, discipline, or dismissal. The District does not
tolerate retaliation, and violation of this Policy will result in discipline up to and including
termination. Anyone who feels that he or she has been subjected to retaliation should bring
this to the General Manager's attention.
Title 4, Personnel
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
CHAPTER 4.03 Formatted:Font:Bold,Fontcolor:Red
Formatted:Centered
JOB DESCRIPTIONS
Section:
4.03.010 Job Descriptions
4.03.010 Job Descriptions The General Manager shall ensure that for each employment
position at the District, the District maintains a written job description summarizing the
duties, responsibilities, and employment standards of the position. Each job description
shall generally outline the main characteristics and qualification requirements of positions
and give examples of duties which employees holding such positions are typically required
to perform. Each job description shall contain minimum requirements for positions,
including training,experience, knowledge, licenses,skills,and abilities.All job descriptions
are subject to approval and signatures by the General Manager.
CHAPTER 4.04
RECRUITMENT AND EXAMINATIONS
Sections:
4.04.010 Recruitment of Department Heads
4.04.020 Recruitment of Management Employees
4.04.030 Bargaining Unit Employees
4.04.040 Application Forms
4.04.050 Examinations
4.04.010 Recruitment of Department Heads When a vacancy occurs in a department
head position, the General Manager shall review the job description to determine its
continuing applicability and shall recommend a salary range to the Board of Directors.
The Board of Directors shall adopt a salary range for the position. The position will be
publicized by such methods deemed appropriate by the General Manager.
The General Manager shall appoint an interview committee. The committee shall consist
of the General Manager, one member of the Board of Directors, and three additional
persons.The three appointed persons should include a department head of the District,an
employee of the District who would be subordinate to the new department head, and a
peer professional of the new department head from outside the District organization.
The initial screening of applicants will be performed by the interview committee. The
committee may utilize various testing methods that they deem appropriate in screening
applicants.
The District shall reimburse the candidates for reasonable costs to attend the interview.
Title 4, Personnel
Page 77 of 449
ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
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The committee shall recommend the appointment of a successful candidate to the General Formatted:centered
Manager or, in the alternative, may recommend that no candidate be hired and that others
be interviewed, or the process be initiated again. The committee shall set forth its
recommendations in writing.
The General Manager shall appoint a person to fill the vacancy. In making the appointment,
the General Manager shall give due consideration to the recommendation of the interview
committee.The General Manager is not bound by the decision of the interview committee.
The General Manager shall report his decision to the Board of Directors.
4.04.020 Recruitment of Management and Technical Employees Selection and
placement of all management and technical level employees will be through a competitive
and open process to select the most qualified candidate for the position. The process shall
include:
a) The manager hiring the position and Human Resources shall review the current
job description to ensure that it is current and meets the needs of the District.
The approval of the General Manager must first be obtained before any changes
may be made to the job description.
b) Advertise the open position for both internal and external candidates.
c) Invite top candidates to an initial panel interview. The panel shall consist of one
outside member and two District staff members in addition to the hiring manager.
A uniform set of questions shall be used for all candidates.
d) A second interview shall be conducted by the hiring manager.
e) Selection of the successful candidate shall be made by the hiring
manager/supervisor, subject to background and reference checks and physical
screening. Approval of the General Manager is required before an offer of
employment is made.
f) Any deviations from this process must be approved in advance by the General
Manager.
4.04.030 Bargaining Unit Employees Bargaining Unit positions will be filled in
accordance with the provisions of the MOU.
If the position is not filled by a current employee, the District shall follow the same
procedure as recruiting for management and technical employees, except the panel
interview will not include an outside member.
Any deviations from this process must be approved in advance by the General Manager.
4.04.040 Application Forms All applications for employment shall be made on forms
provided by the District. Application forms shall require information covering training,
experience, and other pertinent information.All applications must be signed and dated by
the person applying.
Title 4, Personnel
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
4.04.050 Examinations The selection techniques used in the examination process shall Formatted:Font:Bold,Font color:Red
be impartial,of a practical nature, and shall relate to those subjects that fairly measure the Formatted:centered
capability of applicants to perform duties assigned to the position for which they seek
appointment.
CHAPTER 4.05
APPOINTMENTS AND PROBATIONARY PERIOD
Sections:
4.05.010 Pre-employment Physical Examinations
4.05.020 Pre-employment Background Investigations
4.05.030 Nepotism/Fraternization
4.05.040 Probationary Period
4.05.010 Pre-employment Physical Examinations A physical examination, including
appropriate drug testing, will be required for all prospective employees after a contingent
offer of employment is made and prior to starting work. The District will select the health-
care provider and the examination will be at District expense.
4.05.020 Pre-employment Background Investigations An applicant who has received a
conditional offer of employment shall be required to authorize the District to conduct a
background check specifically related to the position offered.
4.05.030 Nepotism/Fraternization It is in the District's best interest to avoid conflicts of
interest, favoritism or the appearance of favoritism, and to decrease the potential for
inappropriate or illegal conduct in the workplace, including, but not limited to, sexual
harassment.
Accordingly, no person will be considered for employment with the District who is closely
related to a member of the District's Board or is closely related to an existing employee in
positions that would create a conflict of interest. For purposes of this policy,a close relative
is defined as spouse or domestic partner, children (stepchildren), parents (stepparents),
siblings (step-siblings), grandparents or grandchildren, or in-laws of the Board member or
employee. Persons who cohabitate, but are not married, are considered close relatives for
purposes of this policy and therefore subject to all restrictions and limitations.
In the event employees create a close relationship as described above after they are hired
by the District, the following provisions apply:
a) The related employees cannot have a supervisory or reporting relationship with
each other;
b) Neither employee can work in a position in which District information is privileged or
confidential and would present a conflict of interest on the part of either employee.
If the relationship of two employees is determined to create a conflict of interest, whether
actual or potential, one of the employees will be required to terminate employment. If the
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
affected employees cannot decide which of them shall resign, the employee with the Formatted:Font:Bold,Font color:Red
shortest tenure with the District shall be terminated. Formatted:centered
4.05.040 Probationary Period The probationary period shall be regarded as a part of the
selection process. During the probationary period, the employee shall be considered en-
training, and under careful observation and evaluation by supervisory personnel. This
period will be used to train and evaluate the employee's effective adjustment to work tasks,
conduct, and observance of rules, attendance, and job responsibilities. Any probationary
employee whose performance does not meet required standards of job progress or
adaptation may be released from District employment.
All original and promotional appointments shall be subject to a probationary period of not
less than six(6)months.The probationary period may be extended in circumstances where
further evaluation of the employee is deemed necessary by the District.
At the conclusion of the employee's probationary period and if the employee's performance
has been deemed satisfactory by the District, the employee shall be reclassified as a
regular employee.
Probationary employees may be discharged at any time during the probationary period
with or without cause and without the right of appeal.
CHAPTER 4.06
COMPENSATION
Sections:
4.06.010 Compensation Plan
4.06.020 Payment of Salary
4.06.010 Compensation Plan The General Manager shall maintain a compensation plan
for all classes of positions. The plan shall establish a salary range or rate of pay, showing
minimum and maximum rates for each class. The General Manager shall submit the
compensation plan to the Board of Directors for approval.
4.06.020 Payment of Salary The calendar work week begins at 00:00 a.m. on Saturday
and ends at 24:00 p.m. Friday. The pay period for all employees shall be based on a bi-
weekly period and will be paid not later than seven (7) days following the end of the pay
period.
CHAPTER 4.07
EMPLOYMENT BENEFITS, HOLIDAYS,AND LEAVES
Sections:
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
4.07.010 General Formatted:Font:Bold,Font color:Red
4.07.020 Insurance Plans Formatted:Centered
4.07.030 Retirement Plan
4.07.040 Supplemental Income Plans
4.07.050 Post-Retirement Benefits
4.07.060 Longevity
4.07.070 Holidays
4.07.080 Vacation Leave
4.07.090 Administrative Leave
4.07.010 Sick Leave
4.07.011 Family and Medical Leave
4.07.012 Pregnancy Leave
4.07.013 Unpaid Personal Leave
4.07.014 Military Leave
4.07.015 Jury Duty
4.07.016 Bereavement Leave
4.07.017 Industrial Disability Leave
4.07.018 Limitations
4.07.019 Return-to-work Physicals
4.07.021 Donation of Accrued Vacation Leave
4.07.010 General The policies in Chapter 7 shall apply to all regular employees of the
District who are not covered by a Union Memorandum of Understanding.
4.07.020 Insurance Plans—The District maintains the right to make administrative, plan
and/or vendor changes that will not materially affect employees' benefits or overall
employee cost of such benefits.
4.07.020.1 Group Medical Insurance Plan: The District shall provide and pay the full
premium for coverage of employees and their dependents. Part-time employees will
receive a pro-rated contribution based on their percentage of full-time equivalency.
Employees have a choice between two plans:
(a)The NRECA Preferred Provider Organization (PPO)plan with an in-network
$400 individual/$1200 family deductible.
(b)The NRECA High-Deductible Health Plan with a$1300 individual/$2600 family
deductible. The District will make a contribution to the employee's Health Savings
Account if this lower cost plan is selected.
(R 9�2021_-02)
4.07.020.2 Group Dental Plan: The District will furnish the NRECA Enhanced Dental
Plan.
4.07.020.3 Vision Plan: The District is self-insured and will provide an annual benefit up
to$4GG500 per covered employee or dependent.The benefit will be to cover the expenses
of examination,lenses,frames or contact lenses,Lasik or other vision improvement related
procedures,when recommended by a physician or optometrist.
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
Any unused portion of the annual benefit or incurred cost(not exceeding$408500)may be Formatted:Font:Bold,Font color:Red
carried over to the next subsequent year. Formatted:centered
Roo 2009 36 (12 2 09)
4.07.020.4 Group Life Insurance Plan: The District will furnish "term insurance"equal to
three(3)times the annual salary for each employee.
4.07.020.5 Long-term Disability Plan: The District will furnish long-term disability
coverage of a monthly benefit equal to 66 2/3% of the employee's monthly base earnings,
with a maximum monthly benefit of$15,000 after the 13 week elimination period.
4.07.020.E Wellness Program Plan: The District will furnish a wellness program benefit Formatted:Font:Bold
of up to $500 annually per active emploveed.an The wellness benefit reimburses the
employee for wellness related costs incurred and is subject to income tax, as applicable.
Any unused portion of the annual benefit will not be carried over to the subsequent year.
4.07.030 Retirement Plan 4.L7.M Retirement Plan: The District will provide and
maintain membership in the California Public Employees Retirement System (CalPERS).
Employees hired on or after January 1,2013 will have CalPERS determine whether they
will be a"Classic" member(2.7%@ 55 Plan,with all the optional benefits adopted on
8/24/2004)or a"PEPRA"member(2% @ 62 Plan,with all the optional benefits effective
on 1/1/2013).
(R')C^�2)
4.07.035 PEPRA Members—Employee and District Contributions Formatted:Font:Bold
a)CalPers Contributions by the Employee and District are determined by the annual
actuarial valuation reports issued annually in July.
b)457(b)or 401(a)Plan Contributions—
1. Employee shall pay a percentage of wages equal to 13.03% minus the employee
contribution in a)above.
2. District shall pay a percentage of wages equal to 13.03% minus the employee
contribution in a)above plus 2.0%; subject to a maximum combined rate of District
CalPERS contribution in a)above and b)2 District contribution shall not exceed the
Classic pension District contribution rate.
4.07.050 Post-Retirement Health Benefits To be eligible to receive post-retirement
health benefits, an employee must have at least ten (10)years of service with the District.
Years of service is defined as cumulative years of service with the District, which may or
may not be consecutive years. Employees,who retire from the District and meet the
service requirement stated above,will receive a District contribution towards their post-
retirement health benefits premium with the insurance company that is contracted for
retiree benefits with the District at the time of the employee's retirement, as follows:
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ATTACHMENT 4 F�Em
ttd Font:Bold,Font color:Red
Total Years of Percent District ont:Bold,Font color:Red
Service Contribution centered
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%
The maximum monthly contribution paid by the District is listed below:
Maximum Monthly Contribution Formatted Table
Retirement Date Before 1/1/2020 After 1/1/2020
Retiree Only<65 years of age $475 $600
Spouse only<65 years of age $475 $600
Child(ren)only $475 $600
Spouse&child(ren)only $725 $1,000
Medicare 65+years of age $375 $500
The post-retirement medical plan is the same as the active employees'medical plan except
for a$500 deductible per person compared to a$400 deductible per person for employees.
Retirees may choose the High Deductible Health Plan as a lower cost alternative to the
PPO Plan.
A retiree cannot leave the plan and then come back. Once time is broken on the plan, the
employee or retiree cannot come back on the medical plan.
If the retiree is paying for part of the medical coverage it will be collected through an
electronic fund transfer from the retiree's bank account on a monthly basis.
When the retiree is eligible for Medicare, it is mandatory that the retiree enroll for Part B
coverage.
Should the District change insurance plans or coverage, those changes will also apply to
retirees.
The vision benefit will remain the same without any monthly caps...; with retirements
effective on or before December 31, 2023 at the $400 per eligible individual benefit level
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ATTACHMENT 4, Formatted:Font:Bold�BoIdF.nt
Font color:Red
and employee retirements effective post-12/31/2023 at the $500 per eligible individual Formatted:Font: color:Red
benefit level. Formatted:Cent
Board members are not eligible for this benefit.
4.07.060 Longevity In recognition of an employee's years of service, employees will
receive a longevity bonus. Bargaining Unit positions will be awarded a longevity bonus in
accordance with MOU Title 19, Section 19.3 Longevity. All regular management and
technical employees will receive a longevity bonus in accordance with the following
schedule:
Years of Service Longevity Bonus
5-10 0.20%of base salary
10-15 0.30%of base salary
20 + 0.40%of base salary
Longevity payments will be made retrospectively as soon as possible after the first pay
period of the calendar year, but not later than the last day of January of the calendar year
for those employees who are eligible. Employees separating from the District between
their anniversary date and the retrospective payment in January will be paid this benefit
on their final paycheck.The date from which the employee was employed full time
(regular and continuous employment)shall be the governing date for purposes of this
Policy.
4.07.070 Holidays Following are the recognized paid holidays for all regular management
and technical employees:
New Years Day January 1
Presidents Day third Monday in February
Memorial Day last Monday in May
Independence Day July 4
Labor Day first Monday in September
Veterans Day November 11
Thanksgiving Day fourth Thursday in November
Day after Thanksgiving fourth Friday in November
Christmas Eve December 24
Christmas Day December 25
Floating Holiday Scheduled with Supervisor
The Christmas Eve holiday shall be observed on the work day immediately prior to the date
of observing the Christmas Day holiday.
Holiday's falling on a Saturday or Sunday:When any of the allowed holidays fall on a
Saturday,the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday,
the following Monday will be observed.
Eligibility: If an employee takes off any of the days observed by the District as a holiday and
is absent without pay and/or authorization on the work day either immediately preceding or
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
following such day observed by the District as a holiday, such employee will not receive Formatted:Font:Bold,Font color:Red
holiday pay. Formatted:Centered
4.07.080 Vacation Leave Full-time regular employees will accrue vacation leave from
the date of hire. Regular employees who work less than full time shall accrue vacation
on a pro-rated basis.
Eligible employees shall earn vacation leave as follows:
Rates of Accrual Number of Days per year
For the first five years of continuous service 10
After completing: 5 years of continuous service 15
10 years of continuous service 20
21 years of continuous service 21
22 years of continuous service 22
23 years of continuous service 23
24 years of continuous service 24
25 years of continuous service 25
30 years of continuous service 30
New employees will be given forty(40)hours of vacation leave at the start of employment,
in addition to regular vacation leave accrual.
Employees who terminate their employment with the District for any reason will be paid for
all accrued but unused vacation at their current rate of pay.
Vacation leave must be scheduled by mutual agreement between the Department Head or
his/her designee and the employee.
Employees may accumulate up to a maximum of 480 hours of vacation leave, at which
point the employee will not accrue additional vacation leave.
The General Manager,at his discretion, has the authority to negotiate a change in vacation
balances with non-bargaining unit personnel in a manner consistent to time spent in the
industry and limited to the time not to exceed 30 days.
The District, at the employee's option,will compensate regular management and
technical employees for accumulated unused vacation leave hours in excess of the
minimum balance of 80 hours and equal to twice the number of vacation hours actually
taken during the calendar year. Additionally, regular management and technical
employees may submit in writing, at the discretion of the General Manager, a request for
lump sum compensation for accrued vacation in excess of the minimum balance of 80
hours.Vacation leave compensation will be paid at the employee's current rate of pay.
4.07.090 Administrative Leave Management and technical employees shall be granted
910 days of administrative leave per calendar year. Administrative leave must be used by
the end of the calendar year or it is forfeited without compensation. No Administrative leave
shall be carried over the next calendar year, nor shall unused Administrative Leave be
converted to compensation.
Employees are to schedule administrative leave in the same manner as vacation leave.
Employees appointed to an exempt position after the first of the year may be granted leave
on a prorated basis. Administrative Leave balances shall be adjusted when employees
separate employment prior to the end of the calendar year
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
4.07.010 Sick Leave The District provides paid sick leave to all regular employees for Formatted:Font:Bold,Font color:Red
periods of temporary absence due to injuries or illnesses. Regular eligible employees will Formatted:centered
accrue unlimited sick leave benefits from the date of hire at the rate of one day per month
for each month the employee remains in a pay status(12 days per year maximum).
When an employee is no longer being compensated during the major portion of any
month by regular pay, paid vacation, or any other form of paid leave the employee will no
longer accrue sick leave.
Eligible employees may request to use paid sick leave for absence due to:
a)The inability of an employee to be present or perform duties because of
personal illness, off-duty injury, or medical treatments.
b)The need for the employee to care for an illness or injury of an immediate family
member(child, spouse, domestic partner, or parent). Employees may use their accrued
sick leave, up to a maximum of six(6)days in a calendar year for this purpose.
Employees can accumulate unused family sick leave not to exceed six days.
If an employee is absent for three or more consecutive days due to illness or injury, a
physician's statement may, at the supervisor's discretion, be required verifying the
employee's medical need to be off work, the beginning and expected ending dates of the
absence, and confirming the date that the employee may safely return to work.
4.07.010.1 Paid Sick Leave Cash-Out Plan: On December 1 of each year,full-time
regular employees may request to cash out up to eight hours of their accrued paid
sick time, if any. The cash-out will be effective the first payroll after the new year.
Upon retirement,accrued unused sick leave may be eligible to be applied to
service credit consistent with CalPers requirements.
After an employee has accumulated 600500 hours of sick leave, the employee can sell
back to the District sick leave over 600500 hours at a rate of 50%of base pay.
4.07.010.2 Unused Sick Leave Upon Retirement Employees who have an unused sick
leave balance at retirement have three options. Option 1: Credit the balance into the
conversion into CaIPERS service credit or Option 2: Receive a lump-sum pay-out at 50%
of the value of the sick leave balance. Option 3: Let the sick leave balance expire. At the
time of retirement, employees will be given the option of choosing one of these three and
if they don't choose within the time provided, then the sick leave balance will expire.
4.07.011 Family and Medical Leave Any eligible employee may be granted an unpaid
family and/or medical leave subject to the provisions of the California Family Rights Act
and the Family Medical Leave Act in effect at the time the leave is granted. An unpaid
family and/or medical leave may be granted for any of the following reasons:
a) Birth of a child; to bond with a newborn child;
b) To bond with an adopted child or child placed for foster care;
c) To care for a child, parent, spouse or registered domestic partner with a serious
health condition;
d) The employee's own serious health condition that renders the employee unable to
perform one or more of the essential functions of his or her job;
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
e) If a family member is called to or is on active duty in the military,or; Formatted:Font:Bold,Font color:Red
f) If a family member or next of kin is injured in the course of military service. Formatted:centered
An eligible full-time employee shall be entitled to family and medical leave up to a total of
12 workweeks during the 12 month period that begins on the first day of the qualifying
leave. An eligible part-time employee shall be entitled to family and medical leave on a
proportional basis. Health benefits will be continued under the same terms as prior to the
leave.
To be eligible to request family and medical leave,an employee must have been employed
with the District for at least 12 months, and have worked at least 1,250 hours in the 12
months preceding the leave.
If possible, employees requesting leave must provide 30 days'advance notice. For events
that unforeseeable, employees must notify their supervisor and HR as soon as they learn
of the need for leave. Employees who return to work following an approved family and
medical leave will be reinstated to their same position, or a comparable position, to the
extent required by law.
Eligible employees are entitled to take family and medical leave in addition to any
pregnancy disability leave they might be entitled to take.
4.07.012 Pregnancy Disability Leave Employees who are disabled by pregnancy,
childbirth, or related medical conditions are eligible to be granted a pregnancy disability
leave of up to four months, depending on the period of medically-certified disability.
4.07.013 Unpaid Personal Leave An unpaid leave of absence may be granted to a regular
employee for urgent substantial personal reasons provided that adequate arrangements
can be made to perform the employee's duties without undue interference with the normal
routine of work.
All applications for a personal leave of absence shall be made in writing to the employee's
Department Head and include reasonable justification for approval of the request. The
Department Head and the General Manager will evaluate the request. Employees on a
personal leave of absence will become responsible for the full costs of District provided
benefits beginning on the first day of unpaid leave. All District paid benefits will be
suspended during the leave and will resume upon return to active employment.
4.07.014 Military Leave The District will provide military leaves of absence to employees
who serve in the uniformed services as required by the Uniformed Services Employment
and Reemployment Rights Act of 1994 (USERRA)and applicable state laws.
4.07.015 Jury Duty A regular employee will be paid his or her regular rate of compensation
when summoned to jury duty or by a subpoena to appear as a witness, unless the
employee's testimony is against the District's interest. The employee shall submit to the
District any payment in excess of $50.00 received for jury duty, except mileage
reimbursement.
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
4.07.016 Bereavement Leave Regular employees will be granted three days bereavement Formatted:Font:Bold,Font color:Red
leave with pay in the event of a death in their immediate families or of a member of the Formatted:centered
employee's immediate household at the time of death. For purposes of this policy,
immediate family consists of an employee's spouse or registered domestic partner, or the
parent, foster parent, sibling, child, step-child, half-sibling, or grandparent of either. In
addition, such leave may be extended to cover the employee's step-parent,foster child, or
grandchild. An additional two days of bereavement leave will be granted if the employee
must travel 500 or more miles to attend to matters related to bereavement.
4.07.017 Industrial Injury Leave The District will grant workers' compensation disability
leave to employees with occupational injuries or illnesses in accordance with state law.
a) Notice Requirement
Employees must report all on-duty accidents, injuries and illnesses, no matter how
small,to their immediate supervisor as soon as possible.
b) Compensation During Leave
If the employee is deemed eligible,Workers'Compensation benefits will begin with
the first day of absence following the day of the work-related injury/illness. The
combined amount of industrial disability and Workers' Compensation benefits paid
by the insurance carrier shall not exceed 85%of each employee's daily basic wage.
c) Modified Duty
Temporary light duties may be assigned to industrially-injured employees when the
District determines that the work is available and such work in within the employee's
ability to perform. The duration of any such period of temporary work shall be
determined by the District, but in any event, modified duty will last no longer than
six months.
4.07.018 Limitations At no time shall the total combination of leave benefits, including
payments from Workers Compensation, State Disability Insurance, Social Security
Disability,or any other benefit to which the District contributes,exceed 100%of the normal
straight-time earnings for any employee.
4.07.019 Return to Work Physical Prior to permitting an employee to return to work
following any medical absence in excess of three days, the District may, at its discretion,
require a physician's release stating that the employee is physically able to perform the
duties of his or herjob.At the District's discretion, it may require a medical release to return
following a medical leave of shorter duration.
4.07.020 Donation of Accrued Vacation Leave An employee may, upon approval of the
General Manager, transfer all or any portion of his or her accrued vacation leave hours to
another employee of the District.Transfer of vacation leave from one employee to another
shall be permitted only in unusual situations involving serious injury or illness of an
employee or employee's family member.
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
CHAPTER 4.08 Formatted:Font:Bold,Fontcolor:Red
Formatted:Centered
PERFORMANCE APPRAISALS
Sections:
4.08.010 Employee Performance Evaluations
4.08.020 Professional Development for Management and Technical
Personnel
4.08.010 Employee Performance Evaluations Performance evaluations are an inherent
part of the ongoing supervision process by which employees are informed of the
performance expectations of them, and periodically informed of their progress and any
performance deficiencies.
The performance of every employee shall be formally evaluated in writing at the end of the
first three months and the first six months in a classification, and then annually thereafter.
An employee's performance may also be formally evaluated at other than the scheduled
times for specific reasons.
The formal evaluation process should include adequate time for discussion before the
evaluation is finalized and the employee shall have an opportunity to respond to the
supervisor's evaluation after it is finalized.
The employee's signature on the evaluation form indicates that the employee has seen the
form and had the opportunity to discuss it with his/her supervisor, not necessarily that the
employee is in agreement with its contents. The employee shall be given a copy of the
evaluation,with the original being placed in the employee's personnel file.
An employee who is given a rating of less than satisfactory shall be given a written
Performance Improvement Plan (PIP) by their supervisor. The employee will have five (5)
working days to review the PIP, and will subsequently meet with the supervisor to provide
his or her comments.The employee may provide an attached statement regarding the PIP.
The PIP shall then be signed by the supervisor and the employee.
Failure to comply with the PIP will lead to disciplinary action.
4.08.020 Professional Development for Management Staff Each member of the
management staff is encouraged to prepare a plan of professional development aimed at
establishing and maintaining professional competence.The General Manager shall review
said plan with the relevant staff person and approve a plan of professional development.
The approved professional development plan may be eligible for reimbursement by the
District for up to 50%of the costs of tuition,fees and books.
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
Formatted:Font:Bold,Font color:Red
CHAPTER 4.09 Formatted:Centered
EMPLOYEE ACTIVITIES
Sections:
4.09.010 Code of Business Conduct
4.09.020 Electronic Data
4.09.030 Personal Communication Devices
4.09.040 Travel and Expense Reimbursement
4.09.050 Moving Expense Reimbursement
4.09.060 District Vehicle Use
4.09.010 Code of Business Conduct The District expects its employees to behave in a
fair, honest and ethical manner in all activities conducted on behalf of the District. This
Code of Business Conduct is intended to be a constant reminder of that expectation and a
statement of how we will conduct ourselves on a daily basis. All employees are expected
to know and understand the standards and expectations set forth herein.
The District believes that ethical standards are achieved not just through the publication
and dissemination of this document, but through open and ongoing discussion about
ethical issues related to the business and activities of this District. This District operates in
an open-door climate where employees understand that they can openly raise questions
and concerns without fear of retaliation. Further, this Code of Business Conduct is not
exhaustive but designed only to provide summary guidance to employees in how they are
expected to carry out their duties. When in doubt, employees are expected to use good
judgment and to raise questions with their managers.
4.09.010.1 Standards of Conduct Employees are expected to uphold the values of the
District and are required to report any situation where the individual reasonably suspects
any activity that may be in violation of the law, board policies, the Memorandum of
Understanding (MOU), or this Code. Standards of conduct include:
Employees are required to deal honestly and fairly with customers, co-workers, suppliers,
public and others having dealings with the District.
Employees are required to conduct themselves in a professional, business-like manner
while performing their jobs or representing the District in any manner.
Employees are prohibited from offering or accepting bribes, kickbacks or other forms of
improper payment from anyone. They are prohibited from receiving gifts, paid trips or
favors of more than nominal value from customers or suppliers. If in doubt, the employee
is required to ask the General Manager if the proposed gift or favor is of more than"nominal
value."
Employees are required to limit their reimbursable expenses to those that are necessary,
prudent and business-related.
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
Employees are prohibited from taking unfair advantage of customers, suppliers or other Formatted:Font:Bold,Font color:Red
third parties through manipulation, concealment, abuse of privileged information, or any Formatted:centered
other unfair-dealing practice.
4.09.010.2 Conflicts of Interest A conflict of interest exists when an employee is called
upon to make or is involved in any decision that creates or appears to create a conflict
between their personal interests, including the interests of their family members, and the
business interests of the District.
Employees must not seek any personal or family member benefit through any arrangement
with vendors, suppliers or other parties that have a business relationship with the District.
In any situation where it may reasonably be perceived that there is a conflict of interest,
the employee is required to report that potential or actual conflict of interest to their
supervisor or the General Manager.
In addition to these general standards on conflicts of interests, employees shall abide by
the Conflict of Interest policy adopted by the Board of Directors, District Code Title 2.
4.09.010.3 Confidentiality of Information Employees are frequently entrusted with
confidential information. This may include technical or financial information, personnel
information, medical information, customer lists and records, and other information that, if
disclosed, might be a violation of personal privacy, HIPAA laws, or could be potentially
harmful to suppliers, customers, Board members, employees or otherwise to the
operations or interests of the District. This information is the property of the District.
Employees shall not discuss District confidential information with or in the presence of
unauthorized persons, including family members and friends.
Employees shall use District confidential information only for the District's legitimate
business purposes and not for personal gain.
Employees shall not disclose District confidential information to third parties without
authorization.
Employees shall not use District information or other property or resources for any personal
gain or for the gain of any family member.
4.09.010.4 Customer Communications In communicating with our customers,the
District is committed that it shall:
Provide all information to which customers have a legitimate right.
Provide information that is accurate and understandable.
4.09.010.5 Financial Reporting and Recordkeeping The District shall:
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ATTACHMENT 4 Formatted:Font:Bold,Font color:Red
Formatted:Font:Bold,Font color:Red
Follow generally accepted accounting principles and other prescribed rules and regulations Formatted:centered
of other applicable regulatory bodies having jurisdiction.
Maintain a system of internal accounting controls that will provide reasonable assurances
that all transactions are properly recorded and that material information is available to
management when required.
Maintain books and records that accurately and fairly reflect the District's financial health.
Maintain a record retention system that ensures the District's records and documents are
properly retained and secured.
Conduct an annual financial audit to provide an independent, objective review of financial
reports, and to identify any risks associated with the system of internal controls.
4.09.010.6 Legal and Regulatory Compliance The District will comply with all local,state
and federal laws, rules and regulations applicable to the activities of the District. It will
maintain a safe and healthy work environment free from harassment or discrimination per
the District's policy.
4.09.010.7 Reporting of Violations Every employee is responsible for ensuring that
violations of laws, rules and regulations, the MOU or this Code are reported promptly.
Reports of suspected violations may be made in person or in writing, confidentially or
anonymously,to the General Manager.. All such reports will be promptly investigated and
appropriate corrective action will be taken. Any employee who makes a report in good faith
and on reasonable belief may do so without fear of retaliation or retribution.
4.09.010.8 Employee Education All employees will receive a copy of the Code of
Business Conduct and will be required to sign a form indicating that he/she has received a
copy of the Code of Business Conduct, read its contents, and understands his/her
obligations under the Code.
4.09.010.9 Monitoring and Enforcement Every employee is responsible for monitoring
compliance with the Code by reporting suspected violations in a timely manner (as
discussed above)and cooperating with investigations of suspected violations. Employees
that violate any laws, rules and regulations, the MOU or this Code may face appropriate,
case-specific disciplinary action. Additionally, on a periodic basis, this Code of Business
Conduct policy will be reviewed for effectiveness and appropriate modifications and/or
enhancements will be recommended as deemed necessary.
4.09.020 Electronic Data It is the policy of the District that all electronic office data storage
systems including, but not limited to,voice mail, computers,electronic mail, and facsimiles
are the property of the District and are provided to employees for their use in conducting
District business. The systems belong to the District and are accessible at all times by
District management for any business purpose. Accordingly, employees should not have
any expectation of privacy in any information they create or receive on the District's
systems.
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Specific rules and procedures are detailed in the District's "Computer & Information Formatted:centered
Technology Standards of Practice.
4.09.030 Personal Communication Devices Personal communication devices may be
issued to employees to enhance the efficiency and effectiveness of District
communications. Department Heads shall be responsible for determining the employee's
need for a District provided device based on the business needs of the District. Employees
who are issued such devices are responsible for adhering to the following standards:
a) Personal communication devices shall be used for appropriate business purposes.
b) Personal usage should be kept to a minimum; employees shall reimburse the
District for all personal usage that result in a charge to the District.
c) District personal communication devices may not be used for commercial profit or
secondary employment.
4.09.030.1 Use of Personal Communication Devices while operating a vehicle
California State laws prohibit the use of personal communication devices while driving
unless using a hands-free device. Employees shall adhere to these laws.
4.09.040 Policy for Travel and Expenses It is the District's objective to establish a policy
governing employee travel and the payment of travel and out-of-pocket expenses incurred
by employees while involved in official District business or while in attendance at authorized
meetings or training.
Policy Content:
a) It is the policy of the District to enable employees who are away from home on
District business to travel comfortably and safely, in an efficient and economical
manner;
b) Employees must obtain pre-approval from the General Manager for travel and
expected business expenses before the expenses are incurred; and
c) The District will reimburse employees for actual authorized travel expenses that
are reasonable and necessary in the conduct of District business and upon the
submission of an expense report with receipts attached, and upon approval of the
appropriate supervisor. Employees should use good judgment when incurring
business expenses. The employee is expected to use a reasonably economic
means of lodging, meals and transportation that will meet the traveler's
requirements with due consideration to safety and comfort.
4.09.040.1 Personal Automobile Use Employees shall utilize District owned vehicles for
business travel whenever possible. If a District owned vehicle is not available, employees
must have prior approval from the General Manager before using their personal
automobile. Drivers must have a valid driver's license and adequate liability insurance.
Motorcycles will not be authorized for business travel.
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Personal automobiles used on District business must be covered by liability insurance. It Formatted:Font:Bold,Font color:Red
is the employee's responsibility to have adequate automobile insurance. A copy of the Formatted:centered
current Proof of Insurance must be furnished to the District by the employee indicating
coverage before using a personal vehicle for District business. The District will not be
responsible for any damage incurred to or by the employee's automobile in the course of
conducting District business.
Employees will be reimbursed at a rate per mile equal to the current IRS standard mileage
allowance. Such reimbursement cannot exceed the cost of air coach by the most direct
route if plane service is available and practical.
Employees will be reimbursed for all business-related parking and tolls, but not for fines
and penalties imposed for the violation of traffic and other laws.
4.09.040.2 Out of Town Travel When deciding on a mode of transportation, District staff
should utilize the most cost effective means of transportation, while considering the travel
time associated with the trip.Air travel must be by coach or standard class.Alternate routes
or additional stops for the employee's benefit will be at the employee's expense, prorated
to the most cost effective direct route.
Hotels selected should be those that are recognized as reputable, reasonable in price for
the area, and conveniently located in relation to the employee's work assignment.
Rooms should be at the government rate (where available)for a single, standard room.
The District will not reimburse for alcoholic beverages or any expense considered personal
entertainment, including in-room movies. While employees are traveling, the District will
consider a telephone call to the employee's immediate family(spouse,registered domestic
partner, children, and parents)to be a business expense. These calls are expected to be
of reasonable length. Employees should use a cell phone or phone card,with the standard
hotel long distance service as the last resort.
Employees must use good judgment as to the reasonableness of costs for meals.
Gratuities should not exceed acceptable and customary practices. Employees are
encouraged to take advantage of meals included in the price of a business seminar or
conference, or in the cost of their hotel room. Meal reimbursements must include a
detailed/itemized receipt.
4.09.040.3 Submitting Travel Expense Reports It is the responsibility of each employee
to provide a complete and factual accounting of funds through the travel expense report.
All reports must be submitted within 30 days to the immediate supervisor and approved by
the Department Manager.
Actual receipts showing itemized charges must be attached for all expenses, including
lodging,transportation,tolls, and meals.
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4.09.040.4 District Issued Credit Cards District credit cards have been issued to Formatted:Font:Bold,Font color:Red
designated employees. The use of District credit cards is only for District business Formatted:centered
expenses. No personal charges are to be placed on the District's credit card.
Itemized receipts must be attached to an employee's monthly credit card statement. The
monthly statement must be signed by the employee and approved by the Department
Manager and General Manager.
4.09.050 Moving Expense Reimbursement New employees who have been recruited
by the District and are required to move their place of residence(more than 50 miles)as a
result of accepting employment with the District may be reimbursed for qualified moving
related expenses.
Eligible expenses shall be limited to documented costs to move furniture and household
items and transportation for the employee and members of his/her immediate family based
upon the current IRS mileage rate. Costs associated with the sale or purchase of a home,
lodging, meals, temporary storage of personal items, or costs that are not directly
necessitated by the move will not be included in the costs subjected to reimbursement.
The amount of reimbursement shall not exceed the amount equal to one-half of the
employee's monthly salary and must be properly documented by receipts. The General
Manager will make final decisions regarding the appropriateness of expenses for the
reimbursement.
4.09.060 Vehicle Use Policy District owned vehicles are provided for official use only
and are not to be used for private transportation or personal business.Vehicles will be
parked at the District site when not in use and will be available to all personnel for any
valid business-related purpose.
District employees who are required to drive as a part of their job responsibilities must
possess a valid driver's license. All such employees are required immediately to advise
District management of any driving violations, citations, or accidents resulting in a
suspension or revocation of their driver's license.
If possible, the District will provide a vehicle for transportation to and from business
meetings,conferences,or other events that employees attend located away from the office.
If an employee drives his or her own personal vehicle,the District will pay the current rate
for mileage as set by the Internal Revenue Service.
Smoking is prohibited in District owned vehicles.
Seat belts shall be worn while driving or riding in all vehicles used for District business.
Employees that are subject to being called outside of normal work hours for emergencies
or other District business will be assigned vehicles to be driven to and from their place of
residence.These employees are:
a) General Manager
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c) Electric Operations Manager Formatted:centered
d) Assistant Electric Operations Manager
e) On-Call Lineman
f) Electric Engineer
g) Water Utility Director
h) Water Operations Manager
i) Water Engineer
j) On-Call Water Technician
The General Manager can authorize any District employee, on occasion, to keep a pool
vehicle at their residence overnight when the situation arises that requires the employee to
conduct District business before or after regular work hours.
No employee shall be allowed to use an assigned vehicle for personal purposes other than
commuting and de minimis personal use, such as a stop for a personal errand on the way
home. Once at the employee's residence, District vehicles shall only be used for official
District business or the return commute to place of business.
District vehicles shall be operated only by an authorized District employee.Employees may
occasionally have passengers that are a necessary part of the District's operations.
The District will comply with Internal Revenue Service statues in regards to reporting
employee vehicle use as a taxable fringe benefit.
The General Manager is authorized to rule on any unforeseen situation that might arise
that is not covered in this policy.
Staff shall report to the Board annually of vehicle use and IRS compliance.
CHAPTER 4.10
DISCIPLINARY ACTIONS
Section:
4.10.010 Disciplinary Procedures
4.10.010 Disciplinary Procedures The principal objectives of this policy are to promote
orderly job conduct and the longer range development of a goal-oriented and productive
personnel team, help ensure compliance with state and federal laws, and to establish the
procedural means of protecting employment rights of employees.
The effect of this policy should be:
a) The reduction of involuntary terminations.
b) The avoidance or minimizing of misunderstandings between supervisory and non-
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supervisory personnel. Formatted:Font:Bold,Font color:Red
c) Ensuring that personnel are provided with notice of unacceptable conduct in Formatted:centered
sufficient time to permit self-correction and improvements.
d) Ensuring that documentation is maintained and available to support management's
position in the event of discriminatory charges.
It is recognized that this policy applies to all employees represented by IBEW Local Union
1245(bargaining unit employees)as well as management employees(non-bargaining unit
employees). The coverage of non-bargaining unit employees by this policy shall in no
manner create any legal or other obligation of IBEW Local Union 1245 toward non-
bargaining unit employees. IBEW Local 1245 shall have no obligation whatsoever to
provide a defense, provide advice, or otherwise represent non-bargaining unit employees.
4.10.010.1 Definition The term discipline will be understood as meaning "a state of
orderliness" such as in a "disciplined team" or in a "disciplined performance." Therefore,
disciplinary action is action taken to maintain an orderly way of imposing sanctions to
remedy unacceptable employee performance.
4.10.010.2 Causes for Disciplinary Action The following are examples of conduct for
which discipline may be imposed. This list is merely a summary. It is not exhaustive and
discipline may be imposed for misconduct not set forth below:
a) Improper or unauthorized use or abuse of sick leave;
b) Excessive absenteeism;
c) Being absent without authorization; repeated tardiness or leaving without
authorization;
d) Violation of District policies, rules or procedures;
e) Insubordination, disobedience, or failure to carry out any reasonable order;
f) Acceptance of gifts or gratuities in connection with or relating to the employee's
duties;
g) Any conduct which is harmful to the orderly conduct of business, the safety of
employees or equipment, or which adversely affects the employee's ability to
perform his/her job;
h) Falsifying information related to employment application, payroll or any other
work related record or report;
i) Discourteous or inappropriate treatment of the public or District employees;
j) Violation or neglect of safety rules or common safety practices;
k) Theft, dishonesty, or fraud;
1) Physical altercations or acts of aggression;
m) Engaging in discriminatory or harassing behavior in violation of state/federal
laws and/or District policy;
n) Substandard or inadequate job performance, including failure to perform
assigned tasks or training,or failure to discharge duties in a prompt,competent,
and reasonable manner;
o) Violation of the District's policies regarding drugs, alcohol, and/or tobacco use;
p) Careless, negligent, or improper use of District property, equipment or funds,
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including unauthorized removal, or use for private purpose, or use involving Formatted:Font:Bold,Font color:Red
damage or unreasonable risk of damage to property. Formatted:centered
4.10.010.3 Progressive Discipline Procedures - The actions identified below reflect a
logical progression from the least serious to the most serious. In general, a supervisor's
approach to matters requiring disciplinary action will follow this progressive approach.The
first steps of the disciplinary procedure are to be regarded as corrective measures and are
to be combined with appropriate instruction which, if followed, would make further steps
unnecessary.The seriousness of the offense shall be taken into account by the supervisor,
and the supervisor need not necessarily proceed to the next level of disciplinary action
upon the repetition of the offense. In order for a supervisor to proceed to the next level of
disciplinary action, the offense need not be a repetition of a prior offense.
A Skelly meeting (as defined below)will generally precede disciplinary action involving a
loss of pay. However, suspensions of five days or less may be immediately implemented
providing that the Skelly procedure (as defined below) is then promptly followed. Under
certain conditions more severe disciplinary action may immediately occur.
4.10.010.4 Forms of Disciplinary Action:
4.10.010.4(A)Verbal Reprimand—The verbal reprimand is considered informal discipline
and notifies the employee that his/her performance or behavior must be improved. This
warning defines the areas in which improvement is required, sets up goals leading to this
improvement and informs the employee that failure to improve will result in more serious
disciplinary action.
This is the first official step of disciplinary action. It shall be used to deal with minor infractions
of rules and practices. It is,in effect,a statement to the employee that he/she has(1)violated
a District rule or work practice that he/she should have been aware of, (2)that he/she will
be expected to abide by all such rules in the future.
The manager will summarize this action with written documentation concerning the
conversation. This document is placed in the employee's personnel file and a copy is given
to the employee. The employee shall be permitted to file a written response, the original
being directed to the department head and a copy filed in the employee's personnel file.
4.10.010.4(B)Written Reprimand—The written reprimand is a written record of discipline,
that is usually, but not always, issued after a previous verbal reprimand. The employee is
advised that his/her behavior is below standard and that continuation or repetition of that
behavior shall result in more serious disciplinary action. The written reprimand shall
specifically cite the substandard conduct and, where appropriate, reference the particular
Code or Policy that has been violated.
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.
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4.10.010.4(C)Suspension—The suspension is a District ordered absence from duty without Formatted:Font:Bold,Font color:Red
pay for a specified period of time, and generally, but not always, follows a previous verbal Formatted:centered
and written warning.
4.10.010.4(D). Reduction in Pay—Reduction in pay is a temporary reduction in salary to a
lower salary step for a specified maximum period of time. The employee does not have
sudden stoppage of income and may be able to have the reduction lifted by good
performance. The department does not lose the services of the employee. An individual
should have been warned or reprimanded prior to taking this action to advise him or her that
his or her performance is not acceptable.
4.10.010.4(E). Demotion — A demotion is a permanent change in classification of an
employee to a position of lower responsibility and pay for unsatisfactory performance or
disciplinary reasons. No employee shall be demoted to a position for which he or she does
not possess the minimum qualifications;the employee's new duties must be consistent with
those described in the job description.
4.10.010.4(F). Last Chance Agreement—At the discretion of the General Manager,a last
chance agreement may be entered into with the employee, the bargaining unit if
appropriate, and the District. This agreement is a possible alternative to termination. The
agreement, signed by all parties, will state the steps or conditions that the employee is
required to follow or meet to continue his or her employment with the District.
4.10.010.4(G) Termination/Discharge - Termination is the most severe form of
disciplinary action. This course of action may result, for example, from an employee's
violation of the District's "Causes for Disciplinary Actions," or due to an accumulation of
various violations. This action is normally one of last resort, and shall only be taken when
management is thoroughly satisfied that the employee has been given every reasonable
opportunity to meet performance or behavior standards and clearly failed to do so.
4.10.010.5 Pre-Disciplinary Proceedings A public employee has certain procedural
protections called "Skelly" rights before serious discipline (i.e., a reduction in pay or
suspension of more than five (5)working days)may be imposed. Before such discipline is
imposed,the employee has the option to request an administrative meeting with the District
whereby the employee(with or without his/her representative)may respond to the charges
with facts and/or other information which he/she wishes the District to consider in deciding
whether or not to proceed with the proposed discipline.
The requirements of the Skelly procedure are satisfied as follows:
a) The employee receives advance notice of the proposed disciplinary action.
b) The notice states the reasons for the proposed action.
c) The notice contains the charges upon which the proposed action is based.
d) The employee is allowed access to any materials upon which the proposed action
is based.
e) The employee is afforded the right, either orally or in writing, or both, to respond to
the proposed charge(s)and the proposed disciplinary decision.
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4.10.010.5(A)Skelly Notice-The notice requirements of Skelly are as follows: Formatted:Font:Bold,Font color:Red
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a) The Skelly notice shall be in writing.
b) The letter shall set a date,time and place for the employee to respond to the charges
if he/she elects to do so. In order to allow the employee time to seek advice and to
prepare any oral or written response he/she may wish to make, the date set for
his/her response should be at least five working days from the date the letter is sent.
The letter shall contain a request that the employee give notice if he/she elects to
waive his/her right to respond orally.
c) The letter shall contain the notice of the proposed disciplinary action intended to be
taken.
d) The reasons for the proposed action must be set out. The part of the Skelly letter
setting out the misconduct with which the employee is charged must be factual so
that any person reading the letter will be able to determine the exact misconduct
charged.
e) The factual allegations of misconduct must specifically cite the District's particular
policy and/or "Causes for Disciplinary Actions" that the employee is charged with
violating.
f) The notice must advise the employee of his/her right to respond to the charges,
either orally or in writing.
g) The notice must advise the employee of his/her right to representation if he/she
elects to respond.
h) The notice will advise the employee that discipline may be imposed whether or not
he/she responds to the charges.
4.10.010.5(B) Skelly Meeting - The Skelly meeting, if the employee elects to have a
meeting, shall be conducted as follows:
a) The General Manager(hereafter"Skelly Officer")shall chair the meeting.
b) The Skelly Officer shall establish that the employee has received the Skelly notice
and understands the charges set forth therein.
c) The Skelly Officer shall make available any documents which were considered in
determining the charges and proposed disciplinary action.
d) The employee or his/her representative shall be given the opportunity to respond to
the charges and proposed action.
e) The employee or his/her representative shall be given the opportunity to make final
comments regarding the proposed action.
f) The Skelly Officer shall close the meeting by indicating that he/she will consider all
statements and/or documents,which may have been presented prior to determining
the final action.
The General Manager will determine whether the charges have been sufficiently
established and the appropriateness of the level of the proposed disciplinary action.
4.10.010.5(C)Action Letter-Following the Skelly meeting,the Skelly Officer will promptly
prepare a letter containing all of the following:
a) Factual Findings. Repeat the charges as set out in the Skelly notice letter, provided
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the Skelly Officer concludes they have been established. If a charge has not been Formatted:Font:Bold,Font color:Red
established or if facts excusing or mitigating of the misconduct have been disclosed, Formatted:centered
the letter should so state.
b) The specific District policy and/or particular portion of the "Causes for Disciplinary
Action"which were violated should be cited.
c) The discipline imposed may not exceed the maximum stated in the Skelly letter.
d) A statement that the employee may appeal the action to arbitration consistent with
the provisions of the Union contract or other District procedures, if applicable.
4.10.010.5(D)Appeal Process-The following process applies to management positions
(i.e., non-bargaining unit positions)only.The grievance/appeal process for bargaining unit
members is set forth in the MOU.
If an employee wishes to appeal a disciplinary action, they may move the matter to
arbitration by filing a request for arbitration in writing with the General Manager. To be
timely, the request for arbitration must be received within fourteen calendar days of the
date of the Skelly Officer's decision.
As soon as reasonably possible after the matter has been referred to arbitration,the parties
or their designated representatives shall confer regarding the selection of the arbitrator. If
agreement cannot be reached, the parties shall request a panel of seven arbitrators from
the California State Mediation and Conciliation Service ("SMCS"). The parties or their
representatives shall alternatively strike from the SMCS list until one name remains and
that person shall serve as the Arbitrator.
At the Arbitration hearing, both sides shall be represented by the person of their choice
and shall be solely responsible for the costs associated with the presentation of their case
including but not necessarily limited to the costs associated with their representative and
any witnesses. The costs and fees associated with the Arbitrator and court reporter shall
be divided evenly between the parties.
The decision of the Arbitrator shall be final and binding, however, the Arbitrator shall have
no authority to add to, modify or delete any provisions of the District's codes or policies.
CHAPTER 4.11
GRIEVANCES
Section:
4.11.010 Grievance Procedure
4.11.010 Grievance Procedure The District will recognize the grievance procedure as
outlined in Title 14 of the Memorandum of Understanding. In connection with all grievances
filed, it shall be the policy of the District that:
a) Prompt attention be given to all grievances;
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b) That there will be freedom from reprisal against those filing a grievance; Formatted:Font:Bad,Font color:Red
c) Those reasonable efforts will be made to resolve the grievance at the lowest Formatted:centered
possible level within the District.
CHAPTER 4.12
EMPLOYEE SAFETY AND HEALTH
Sections:
4.12.010 Safety and Loss Control
4.12.020 Injury and Illness Prevention Program
4.12.030 Wellness Program
4.12.040 Safety and Loss Committee
4.12.050 Tobacco-Free Workplace
4.12.060 Workplace Violence
4.12.070 Driver's License Policy
4.12.080 Drug and Alcohol Free Workplace
4.12.090 DOT Testing Policy
4.12.010 Safety and Loss Control The purpose of this policy is to:
a) Protect human life from injury and preserve property of the District and the general
public.
b) To instill an awareness of the importance of safe work and loss control practices in
the operation of District facilities, and to establish the desire and expectation in all
employees to work safely.
c) To educate and train District employees in proper job practices and procedures
through a continuing on-the-job training program.
d) To comply with applicable federal, state and local regulations.
A comprehensive set of basic operating and safety rules and safe work practices that
address all aspects of District operation shall be developed, adopted and distributed to all
employees of the District. Each employee shall sign a receipt of acceptance indicating they
will follow and abide by the safety rules and work practices.
4.12.020 Injury and Illness Prevention Program The District will maintain a
comprehensive and continuous occupational Injury and Illness Prevention Program (IIPP)
for all employees. The health and safety of the individual, whether in the field or office,
takes precedence over all other concerns. The District's goal is to prevent accidents and
to eliminate personal injury and occupational illness and comply with all safety and health
rules and standards.
4.12.030 Wellness Program To promote the wellness of its employees, the District will
maintain an Employee Wellness Program. The program shall include Health Risk
Appraisals and a variety of health and fitness related activities. Participation by employees
in this program is voluntary.
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4.12.040 Safety and Loss Committee A Safety and Loss Control Committee shall be Formatted:centered
established that will include District management and union employees and will meet at
least monthly. The Committee will annually update the Safety and Loss Control program.
A program of regularly scheduled safety and job training meetings shall be held to educate
District employees and maintain an awareness of job safety.
Supervisors shall be held accountable for implementation and enforcement of the safety
and loss control program.
The General Manager shall submit to the Board of Directors an annual report summarizing
the safety activities for the past year.
4.12.050 Tobacco-Free Workplace Policy The District's objective is to provide a
healthful, comfortable and productive work environment for all District employees,
directors,vendors and customers.
Accordingly, and in compliance with California law, it is the policy of the District to prohibit
smoking or use of tobacco products of any kind within all District controlled and operated
facilities, as well as District vehicles and worksites.
Smoking is prohibited within twenty (20) feet from entrances, exits, air intake vents,
stairwells, breezeways, garage doors or operable windows. Littering of matches,
cigarettes, cigars, chewing tobacco or any other substance is not permitted. Proper
containers must be used for disposal of these items.
Signs acknowledging "Smoke-Free Building" shall be posted on entrance doors of the
building and other locations as deemed appropriate.
All employees share in the responsibility for adhering to and enforcing to this policy.
4.12.060 Workplace Threats/Violence The District is committed to providing a safe and
secure workplace for employees,customers,contractors and visitors.Threats,threatening
behavior,or acts of violence against any individual on District property,at District controlled
worksites or involved in the conduct of District business will not be tolerated.
4.12.060.1 Definition of Workplace Threats/Violence Workplace Threats/Violence may
be conduct that causes an individual to fear for his or her personal safety or the safety of
his or her family, friends and/or property, such that employment conditions are altered
and/or a hostile abusive or intimidating work environment is created.
Specific examples of conduct prohibited by this policy include, but are not limited to:
a) Threats or threatening behavior directed toward an individual or his/her family,
friends, associates, or property;
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b) Harassing or threatening phone calls, written messages,videos, photographs or E- Formatted:Font:Bold,Font color:Red
mails; Formatted:Centered
c) Surveillance by any means;
d) Stalking;
e) Fighting or other physical violence or threat of physical violence;
f) Threats of aggression or violence made"in-jest".
It is the responsibility of all District employees to immediately report any threatening or
violent behavior they have witnessed or have knowledge of, occurring on District property,
worksites or connected to District employment, to their supervisor or department head.
The incident will be investigated and documented by the appropriate management
employee, with all necessary steps taken to intervene in and/or remedy any potentially
hostile or dangerous situations.
4.12.070 Employee Driver's License Policy The purpose of this policy is to maximize the
safety of the District employees and minimize potential liability exposures and District
property damage potential connected with the operation of vehicles used in the course of
District business. Another purpose of this policy is to assure that all employees operating
vehicles while on District business meet all licensing and driving qualifications.
It is a requirement for continued employment for every position with driving duties that the
employee maintains a valid driver's license. In addition, the District's policy is to verify, at
least annually, the DMV motor vehicle record (MVR) for employees who drive for the
District.This policy applies both to drivers of District owned vehicles as well as employees
using personal vehicles in the course of District business.
The General Manager or his or her designee shall administer this policy.The following are
minimum requirements:
a) All employee positions that include operation of a motor vehicle as part of their
duties for the District shall possess a valid state issued drivers' license;
b) An employee shall not operate a District vehicle or a personal vehicle for District
business if that employee's license is not valid for any reason; and,
All employees who drive for the District shall:
a) Maintain the necessary license required by their job description;
b) Authorize the District to obtain a MVR from the Department of Motor Vehicles from
the state of the employee's drivers' license;
c) Immediately report to the General Manager or his or her designee any suspension
of driving privileges or other restriction on the employee's driver's license that affects
the employee's ability to perform his/her job.
For employees who drive for the District, inability to operate a District because of an invalid
drivers' license impairs an employee's ability to satisfactorily perform their job. Such
circumstances are subject to review by the General Manager and corrective actions,
including termination may occur as a result.
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4.12.080 Drug and Alcohol-Free Workplace The District is committed to establishing and Formatted:centered
maintaining a high-quality, safe environment for employees and the public, and supports a
drug and alcohol-free workplace. The unlawful use, possession, sale, distribution,
dispensation, or manufacture of a controlled substance in the workplace or in a work-
related situation, by District employees is prohibited, and will not be tolerated. Further,
employees are prohibited from using or being under the influence of drugs or alcohol in the
workplace. The normal use of over-the-counter medications and the legal use of
prescription drugs as ordered by a physician are not prohibited by this policy, as long as
the drugs do not interfere with the employee's ability to safely perform his or her job.
District employees who violate the District's policy will be subject to disciplinary action
consistent with the District's Disciplinary Procedures.
The District will conduct periodic training for employees and supervisors on substance
abuse prevention and education.
The District shall continue to offer a confidential Employee Assistance Program to aid
employees with substance abuse problems.
Pre-employment Testing:All applicants, after receiving a conditional offer of employment,
will be subject to a controlled substance screening test as part of a pre-employment
physical examination.
Reasonable Suspicion Testing of Current Employees: Any current employee may be
subject to drug or alcohol testing under certain circumstances. When an employee's
observed behavior, involvement in an on-the-job accident or other circumstances raise
reasonable suspicion that this Policy is being violated, the District may require the
employee to undergo a test for controlled substances or alcohol when such testing is job-
related and consistent with business necessity.
Reasonable suspicion under this Policy shall be based on specific, personal and
observations concerning the appearance, behavior, actions, and speech or body odors of
the employee.
4.12.090 Drug and Alcohol Testing Policy Applicable to Commercial Motor Vehicle
Drivers(CDL)Only
4.12.090.1 Purpose It is the goal of the District to provide a healthy, satisfying work
environment that promotes personal opportunities for growth. In meeting these goals, it is
the District's policy to do the following:
a) Assure that employees are not impaired by alcohol or prohibited drugs in their ability
to perform assigned duties in a safe and productive manner.
b) Create a workplace environment free from the adverse effects of alcohol and
substance abuse or misuse.
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c) Encourage employees to seek professional assistance anytime personal problems, Formatted:Font:Bold,Font color:Red
including alcohol or drug dependency, adversely affect their ability to perform their Formatted:centered
assigned duties.
4.12.090.2 Included Persons This alcohol and drug testing policy applies to all District
employees holding a commercial driver's license (CDL) and who operate a commercial
motor vehicle(CMV)as defined below.
This policy applies to full time,regularly employed drivers;casual,intermittent or occasional
drivers;leased drivers and independent,owner-operator contractors who are either directly
employed by or under lease to the District or who operate a CMV at the direction of or with
the consent of the District. For the purposes of pre-employment/pre-duty testing only, the
term driver includes a person applying to the District for a position that entails the driving
of a CMV for the District.
4.12.90.3 Prohibited conduct Alcohol-No driver shall:
a) Report for duty or remain on duty requiring the performance of safety-sensitive
functions while under the influence of alcohol(e.g., having an alcohol concentration
of 0.04 or greater).
b) Be on duty or operate a CMV while he or she possesses alcohol.
c) Use alcohol while performing safety-sensitive functions.
d) Perform safety-sensitive functions within 4 hours after using alcohol.
e) After being required to take a post-accident alcohol test, the driver may not use
alcohol for 8 hours following the accident,or until he/she undergoes a post-accident
alcohol test,whichever occurs first.
Drugs:no driver shall report for duty or remain on duty requiring the performance of safety-
sensitive functions when the driver uses any drug, except when the use is pursuant to the
instructions of a physician who has advised the driver that the substance does not
adversely affect the driver's ability to safely operate a CMV.
The following drugs or other substances are prohibited under this policy:Any drug or other
substance identified in this chapter(Effects of Drugs and Alcohol);an amphetamine 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.
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Consent to alcohol and-or drug test:no CMV driver shall refuse to submit to a post-accident Formatted:Font:Bold,Font color:Red
test, a random test, a reasonable suspicion test, return-to-duty test or a follow-up test as Formatted:centered
required by DOT regulations.
4.12.090.4 Definitions
4.12.090.4(A)Accident is an incident involving a commercial motor vehicle if the incident
involved the loss of human life; or the driver receives a citation arising from the incident
and an individual suffers a bodily injury and immediately receives medical treatment away
from the scene (e.g. taken to the hospital by ambulance), or a vehicle is required to be
towed from the scene.
4.12.090.4(B)Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol or other
low molecular weight alcohol's including methyl and isopropyl alcohol.
4.12.090.4(C)Alcohol use is the consumption of any beverage, mixture, or preparation,
including any medication (prescribed or over-the-counter, intentional or unintentional),
containing alcohol.
4.12.090.4(D) Breath alcohol technician(BAT)is an individual who instructs and assists
individuals in the alcohol testing process and operates an evidential breath testing device
(EBT).
4.12.090.4(E) Commercial motor vehicle is a motor vehicle or combination of motor
vehicles used in commerce to transport passengers or property if the motor vehicle:
a) Has a gross combined weight of 26,001 or more pounds inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000 pounds.
b) Has a gross vehicle weight rating of 26,001 or more pounds.
c) Is designed to transport 16 or more passengers, including the driver; or
d) Is of any size and is used in the transportation of hazardous materials requiring
placards.
4.12.090.4(F) Confirmation test, for alcohol testing, is a second test that provides
quantitative data of alcohol concentration following a screening test with a result of 0.02
grams or greater of alcohol per 210 liters of breath. For controlled substances testing, it is
a second analytical procedure to identify the presence of a specific drug or metabolite
which is independent of the screen test and which uses a different technique and chemical
principal from that of the screen test in order to ensure reliability and accuracy.
4.12.090.4(G)Controlled Substance,for the purpose of this policy is marijuana, cocaine,
amphetamines, opiates, or phencyclidine (PCP).
4.12.090.4(H) Covered employee is an employee subject to the requirements of
applicable Federal law, and this policy.
4.12.090.4(1) Driver is any person who operates a commercial motor vehicle, This
includes, but is not limited to: full time, regularly employed drivers; casual, intermittent or
occasional drivers; leased drivers and independent, owner-operator contractors who are
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either directly employed by or under lease to the District or who operate a CMV at the Formatted:Font:Bold,Font color:Red
direction of or with the consent of the District. For the purposes of pre-employment testing, Formatted:centered
the term driver includes a person applying to drive a CMV for the District.
4.12.090.4(J) Employer is the District.
4.12.090.4(K) Evidential breath testing device (EBT) is a device approved by the
National Highway Traffic Safety Administration (NHTSA)for the evidential testing of breath
and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement
Devices"(CPL).
4.12.090.4(L) Medical review officer (MRO) is a licensed physician (medical doctor or
doctor of osteopathy) responsible for receiving laboratory results generated by an
employer's drug testing program and who has knowledge of substance abuse disorders
and has appropriate medical training to interpret and evaluate an individual's confirmed
positive test result together with his or her medical history and any other relevant
biomedical information.
4.12.090.4(M) On-duty time, as that phrase is defined by Federal regulations and this
policy, means all of the time beginning at the point a covered employee begins to work,
and/or is required to be in readiness to work, until the time he or she is relieved from work
and all responsibility for performing work.
4.12.090.4(N) Performing (a safety-sensitive function) is any period in which the driver
is actually performing, ready to perform, or immediately able to perform any safety-
sensitive functions.
4.12.090.4(0) Refusal to submit (to an alcohol or controlled substance test) is when a
driver:
a) Fails to provide adequate breath for alcohol testing, without a valid medical
explanation,after he or she has received notice of the requirement for breath testing
in accordance with this policy;
b) Fails to provide adequate urine sample for controlled substances testing, without a
genuine inability to provide a specimen (as determined by a medical evaluation),
after he or she has received notice of the requirement for urine testing in accordance
with the provisions of this policy; or
c) Engages in conduct that clearly obstructs the testing process.
4.12.090.4(P)Safety-sensitive function,for purposes of this policy,shall mean any of the
functions defined in Title 49 of the Code of Federal Regulations. More specifically, safety-
sensitive functions include all functions performed by a covered employee during on-duty
time and include:
a) All time at the District or work site, unless the driver has been relieved from duty by
the District.
b) All time inspecting equipment or otherwise servicing or conditioning any CMV at any
time.
c) All driving time.
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d) All time, other than driving time, In or upon any CMV. Formatted:Font:Bold,Font color:Red
e) All time loading or unloading a CMV, supervising or assisting in the loading or Formatted:centered
unloading, attending a CMV being loaded or unloaded, remaining in readiness to
operate the CMV, or in giving or receiving receipts for shipments loaded or
unloaded.
f) All time repairing, obtaining assistance,or remaining in attendance upon a disabled
CMV.
4.12.090.4(Q) Screening test (a.k.a. initial test) in alcohol testing is an analytical
procedure to determine whether a driver may have a prohibited concentration of alcohol in
his or her system. In controlled substance testing, it is an immunoassay screen to eliminate
negative urine specimens from further consideration.
4.12.090.4(R)Substance abuse professional is a licensed physician (medical doctor or
doctor of osteopathy), or a licensed or certified psychologist, social worker, employee
assistance professional, or addiction counselor (certified by the National Association of
Alcoholism and Drug Abuse Counselors Certification Commission)with clinical experience
in the diagnosis and treatment of alcohol and controlled substances-related disorders.
4.12.090.5 Violation of the Policy Immediate Consequences of Violating this Policy
A driver who violates this policy shall not perform, and will not be permitted to perform, a
safety-sensitive function for the District.A driver removed from performing safety-sensitive
functions because of a rule violation occurring in a 26,001 pound or greater vehicle in
interstate or intrastate commerce,also is prohibited from driving a 10,001 pound or greater
vehicle in interstate commerce.
The driver violating this policy must be advised by the District of the resources available in
evaluating and resolving the problem. This must include the names, addresses, and
telephone numbers of substance abuse professionals and counseling and treatment
programs. The District is not required to provide referral, evaluation, and treatment for
applicants who refuse to submit to or fail a pre-employment test.
The driver violating this policy must be evaluated by a substance abuse professional(SAP)
who shall determine what assistance, if any, the employee needs in resolving problems
associated with alcohol misuse and drug use. The SAP who determines that a driver needs
assistance shall not refer the driver to his/her private practice or any organization in which
the SAP has a financial interest for assistance.
The driver may be subject to disciplinary action under the terms of the District's disciplinary
procedure. An employee who tests positive for alcohol or drugs for the first time must
comply with the administrative requirements of rehabilitation, but will not be disciplined
solely on the basis of the positive test result.Absent extenuating circumstances, a second
positive result within a five-year period will be grounds for disciplinary action, up to and
including termination.
4.12.090.6 Out of Service Order Any driver who is found to be in violation of this policy
shall be placed out-of-service immediately for a period of at least 24 hours.
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Out-of-service means that the employee shall not perform,and not be permitted to perform, Formatted:centered
a safety-sensitive function.
The out-of-service period will commence upon issuance of an out-of-service order.
No driver shall violate the terms of an out-of-service order issued under this section.
Condition of Returning to Work after a Violation of this Policy-Before returning to duty,the
driver must undergo a Return-To-Duty Test as set forth in this policy.
4.12.090.7 Testing Circumstances
4.12.090.7(A) Pre-Employment/Pre-Duty Testing-This type of testing applies to:
a) All applicants for a District position requiring a CDL driver's license to operate a
CMV, who have not been part of a drug program that complies with the Federal
Highway Administration (FHWA)regulations for the previous 30 days; and
b) District employees who usually drive vehicles for which a CDL is not required to
operate, but then is required to obtain a CDL and drive CMVs for the District.
4.12.090.7(B) Exceptions - A pre-employment drug test is not required if the following
conditions are met:
a) The driver participated in a drug testing program meeting the requirements of the
FHWA within the previous 30 days;
b) While participating in the program, the driver either was tested for controlled
substances in the previous 6 months, or participated in a random drug testing
program for the previous 12 months; and
c) No prior employer of the driver has a record of violations of any DOT controlled
substance use rule for the driver in the previous 6 months.
In cases of exceptions,the District must contact the testing program prior to using the driver
and obtain the following information:
a) The name and address of the program, which is generally the driver's prior and/or
current employer.
b) Verification that the driver participates or participated in the program.
c) Verification that the program conforms to the required procedures.
d) Verification that the driver is qualified, including that the driver has not refused to
submit to an alcohol or drug test.
e) The date the driver was last tested for alcohol and drugs.
f) The results of any drug or alcohol test administered in the previous 6 months, and
any violations of the alcohol misuse or drug rules.
If the District uses a driver more than once a year, but does not employ the driver, it must
assure at least once every 6 months that the driver does participate, or has participated, in
a drug testing program that meets the requirements of these regulations.
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4.12.090.7(C)Post-Accident Formatted:centered
Testing is required as soon as practicable following an accident involving a CMV of each
surviving driver when either:
a) The accident involved a fatality; or
b) The driver receives a citation under state or local law for a moving traffic violation
arising from the accident and an individual suffers a bodily injury and immediately
receives medical treatment away from the scene; or
c) The driver receives a citation under state or local law for a moving traffic violation
and the CMV is required to be towed from the scene of the accident.
Nothing in the regulations should be construed as to require the delay of necessary medical
attention for injured people following an accident. Also, the driver is not prohibited from
leaving the scene of an accident for a period necessary to obtain assistance in responding
to the accident, or to obtain necessary emergency medical care.
In lieu of administering a post-accident test,the District may substitute a test administered
by on-site police or public safety officials under separate authority. The District may
substitute a blood or breath alcohol test and a urine drug test performed by such local
officials, using procedures required by their jurisdictions. The District may obtain a copy of
the test results pursuant to an employee signing a preauthorized consent form.
4.12.090.7(D) Random Testing
Alcohol Testing Rate: random alcohol testing shall be administered at a minimum annual
rate of 25 percent of the average number of driver positions, or as changed by the FHWA
and published in the Federal Register.
Drug Testing Rate: random drug testing shall be administered at a minimum annual rate of
50 percent of the average number of driver positions, or as changed by the FHWA and
published in the Federal Register.
Appropriate time for random testing:
a) Alcohol testing: A driver shall only be tested while the driver is performing safety-
sensitive functions, immediately prior to performing or immediately after performing
safety-sensitive functions.
b) Drug testing: Drug testing may be performed at any time while the driver is at work
for the District, regardless of whether such duties are safety-sensitive or not.
4.12.090.7(E)Selection and Notification:
Selection of drivers shall be made by a scientifically valid method such as a random number
table or a computer-based random number generator that is matched with an identification
number assigned to each driver. Under the selection process, each driver shall have an
equal chance of being tested each time selections are made.
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The random tests shall be announced and spread reasonably throughout the year. There Formatted:centered
will not be a period of time during which random testing will be"done for the year."
The District shall ensure that drivers selected for random tests proceed immediately to the
testing site upon notification of being selected.
For purposes of employee name selection for drug and alcohol testing, the District shall
use the services of the Sierra DOT Consortium administered by Sinnett Consulting
Services. By participating with the Sierra DOT Consortium, the District will meet the
minimum selection requirements established by the Federal Department of Transportation.
In the event a driver, who is selected for a random test, is on vacation, lay-off, or an
extended medical absence, the District will select another driver for testing. The District
shall document that the driver was ill, injured, laid off, or on vacation and that the driver
was in the random selection pool for that cycle.
4.12.090.7(F) Reasonable Suspicion
Drivers must submit to an alcohol or drug test when the District has reasonable suspicion
to believe that the driver has violated the prohibited conduct as outlined in this policy. A
trained supervisor or the General Manager are required to make the observations
necessary to substantiate a reasonable suspicion and the observations must be further
substantiated by the observations of a second trained supervisor unless extenuating
circumstances apply.
Reasonable suspicion:
a) The District's reasonable suspicion shall be based on specific, contemporaneous,
articulable observations concerning the appearance, behavior, speech, or body
odors of the driver.
b) The reasonable suspicion determination shall be made by a trained supervisor or
the General Manager and substantiated by an opinion from a second trained
supervisor.
c) The mere possession of alcohol does not constitute a need for reasonable suspicion
testing, which must be based on observations concerning the driver's appearance,
behavior, speech, or body odor.
Reasonable suspicion must be determined during, just before, or just after the driver
performs safety-sensitive functions.
Alcohol Test: If reasonable suspicion is observed but a reasonable suspicion test has not
yet been administered, a driver shall not perform safety-sensitive functions until an alcohol
test is administered and the driver's alcohol concentration measures less than 0.02, or 24
hours have elapsed following the determination of reasonable suspicion.
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Drug Test: the documentation of the driver's conduct must be prepared and signed by the Formatted:Font:Bold,Font color:Red
witness within 24 hours of the observed behavior, or before the results of the drug test are (Formatted:centered
released,whichever is earlier.
4.12.090.7(G) Return-To-Duty Testing
Alcohol Test:after engaging in prohibited conduct regarding alcohol misuse,the driver shall
undergo a return-to-duty alcohol test before performing a safety-sensitive function. The
test result must indicate a breath alcohol concentration of less than 0.02.
Drug Test: after engaging in prohibited conduct regarding drug use, the driver shall
undergo a return-to-duty drug test before performing a safety-sensitive function. The test
result must indicate a verified negative result for drug use.
In the event that a return-to-duty test is required, the driver must also be evaluated by a
SAP and participate in any assistance program prescribed and be subject to unannounced
follow-up alcohol and drug tests administered by the District following the driver's return to
duty.
The number and frequency of the tests are to be determined by the SAP, but must consist
of at least six tests in the first 12 months following the driver's return to duty. Follow-up
testing may be done for up to 60 months.
If the SAP determines that a driver needs assistance with a poly-substance abuse problem,
the SAP may require an alcohol test to be performed along with the required drug tests
after the driver has violated the drug testing prohibition.
The cost of return-to-duty alcohol and drug tests shall be paid directly by the employee
and/or his or her insurance provider.
The cost of the services of the SAP for the initial evaluation and a return-to-duty evaluation
shall be paid by the District.
An employee will be allowed to take accumulated vacation leave and/or personal leave
time while participating in the prescribed treatment, rehabilitation services or assistance
program.
4.12.090.7(H)Follow-up Testing
If a SAP determines that a driver needs assistance resolving problems associated with
alcohol or drug use, the District shall ensure that the driver is subject to unannounced
follow-up testing following the driver's return to duty.
The number and frequency of the tests are to be determined by the SAP, but must consist
of at least six tests during the first 12 months following the driver's return to duty. Follow-
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up testing may be done for up to 60 months. The SAP can terminate the requirement for Formatted:Font:Bold,Font color:Red
the follow-up testing in excess of the minimum at any time, if the SAP determines that the Formatted:centered
testing is no longer necessary.
Follow-up tests need not be confined to the substance involved in the violation. If the SAP
determines that a driver needs assistance with a poly-substance abuse problem, the SAP
may require,for example, alcohol tests to be performed along with the required drug tests
after the driver has violated the drug testing prohibition.
Follow-up testing for alcohol shall only be performed when the driver is performing safety-
sensitive functions, or immediately prior to performing or immediately after performing
safety-sensitive functions.
4.12.090.7(1)Alcohol Testing Procedure
Preparation for Testing
a) The employee is required to show positive identification when arriving at the test
site.
b) The employee may also request the Breath Alcohol Technician (BAT) to show
positive identification.
c) The BAT shall then explain the testing procedure to the employee.
d) The BAT must supervise only one employee's use of the Evidential Breath Testing
device (EBT)at a time.
e) The BAT is not to leave the testing site while the test is in progress.
Administration of the Initial Test
Steps 1 and 2 of the Breath Alcohol Testing Form are to be completed. A refusal by an
employee to sign the certification in Step 2 of the form shall be regarded as a refusal to
take the test.
a) Non-evidential screening devices may be used for the alcohol screening test,
provided they are approved by the National Highway Traffic Safety Administration
(NHTSA).
b) Devices approved by the NHTSA are placed on the "Conforming Products List of
Alcohol Screening Devices."
c) Confirmation tests must be done using an evidential breath testing device.
Depending on whether the result is less than 0.02,or 0.02 or greater,the following shall be
done:
a) If the result is less than 0.02, the BAT shall date the form and sign the certification
in Step 3 of the form. The employee shall sign the certification and fill in the date in
Step 4 of the form.
b) If the result is 0.02 or greater, a confirmation test must be performed. If the
confirmation test will be performed by a different BAT, the BAT who conducted the
screening test shall complete and sign the form and log book entry. The BAT is to
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give the employee Copy 2 of the form. If the confirmation test will be conducted at Formatted:Font:Bold,Font color:Red
a different site,the employee must not drive there and must be observed by District Formatted:centered
personnel en route.
Administration of the Confirmatory Test
Waiting Period:
a) The BAT shall instruct the employee not to eat, drink, put any object or substance
in his or her mouth, and, to the extent possible, not belch during a waiting period
before the confirmation test.
b) This waiting time period begins with the completion of the screening test, and shall
not be less than 15 minutes.
The confirmation test shall be conducted within 30 minutes of the completion of the
screening test.
In the event that the screening and confirmation test results are not identical, the
confirmation test result is deemed to be the final result upon which any action under
operating administration rules shall be based.
Following the completion of the test,the BAT shall date the form and sign the certification
in Step 3 of the form. The employee shall sign the certification and fill in the date in Step
4 of the form.
The BAT shall transmit all results to the District in a confidential manner.
4.12.090.7(J) Drug Test Procedures
i. Urine Specimen Collection
The test shall be conducted at an independent medical facility which complies with the
DOT Guidelines.
The laboratory must be certified by the Department of Health and Human Services
Chain of Custody-The appropriate drug testing form shall be utilized from time of collection
to receipt by the laboratory and that, upon receipt by the laboratory, an appropriate
laboratory chain of custody form(s)account(s)for the sample or sample aliquot within the
laboratory.
ii. Preparation for Testing
Use of a clean, single use specimen bottle that is securely wrapped until filled with the
specimen.
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Use of a tamper proof seal system designed in a manner that the specimen bottle top can Formatted:Font:Bold,Font color:Red
be sealed against undetected opening and the bottle allowing for identification of the test Formatted:centered
subject, either by number or by some other confidential mechanism.
Use of shipping container in which one or more specimens and associated paperwork may
be transferred, and which can be sealed and initialed to prevent undetected tampering.
Written procedures and instructions for collection site person.
Initial Screen - Every specimen is required to undergo an initial screen followed by
confirmation of all positive screen results. The initial screen process must use
immunoassay.
Confirmatory Tests - All specimens identified on the initial screen must be confirmed by
gas chromatography/mass spectrometry (GC/MS) at the cut-off levels shown in the next
table. All confirmations must be quantitative in their analysis, which means that the
specific, scientific level of drug contained in the collected specimen must be known.
iii. Reporting of Test Results
Both positive and negative test results must be reported directly to the District's Medical
Review Officer(MRO)within an average of 5 working days.
a) The MRO must be a licensed physician and possess knowledge of drug abuse
disorders. The MRO,who may be an employee of the District or one contracted to
provide the services required, principally services as an arbiter between the
laboratory and the District.
b) It is the primary responsibility of the MRO to review and interpret positive results
obtained from the laboratory.
The report, as certified by the responsible laboratory individual, shall indicate the drug-
metabolites tested for,whether the results are positive or negative, the specimen number
assigned by the District and the drug testing laboratory identification number.
a) The MRO may require that the laboratory provide quantitation of test results.
b) The laboratory must report as negative all specimens which are negative on the
initial test or confirmed negative by the GC/MS.
c) Only specimens confirmed by GC/MS as positive are reported as positive.
The laboratory may transmit the test results to the MRO by various electronic means such
as facsimile or computer, so long as those methods are designed to maintain
confidentiality.
The MRO must assess and determine whether alternate medical explanations could
account for the positive test results.
a) To accomplish this task,the MRO may conduct medical interviews of the individual,
review the individual's medical history and review any other relevant bio-medical
factors.
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b) Additionally, the MRO must examine all medical records and data made available Formatted:Font:Bold,Font color:Red
by the tested individual, such as evidence of prescribed medications. Formatted:centered
c) The MRO must not consider any specimen results that arise from collection or
analysis which do not comport with the FHWA regulations.
The MRO must give the individual testing positive an opportunity to discuss the test results
prior to making a final decision.
After a final decision is made,the MRO shall notify the District.
If, during the course of an interview with an employee who has tested positive, the MRO
learns of a medical condition which could, in the MRO's reasonable medical judgment,
pose a risk to safety, the MRO may, in his or her professional judgment, report that
information to the DOT or to the District.
iv. Positive Test Result
The MRO shall notify each employee who has a confirmed positive test that the employee
has 72 hours in which to request a test of the split specimen.
If the employee makes such a request, the MRO shall direct, in writing, the laboratory to
provide the split specimen to another certified laboratory for analysis.
If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug
metabolite(s) found in the primary specimen, or if the split specimen is unavailable,
inadequate for testing or un-testable,the MRO shall cancel the test and report cancellation
and the reasons for it to the DOT, the District, and the employee. A canceled report is
neither a negative nor a positive test. A sample that has been rejected for testing by a
laboratory is treated the same as a canceled test.
v. Notification of Test Results
If an MRO, after making and documenting all reasonable efforts, is unable to contact a
tested person, the MRO shall contact a designated management official of the District to
arrange for the individual to contact the MRO prior to going on duty. The MRO may verify
a positive test without having communicated with the driver about the results of the test if:
a) The driver expressly declines the opportunity to discuss the results of the test, or
b) Within 5 days after a documented contact by a designated management official of
the District instructing the driver to contact the MRO,the driver has not done so.
The MRO must report the results to the District using any communication device, which
maintains confidentiality, but in all instances, a signed, written notification must be
forwarded within three business days of completion of the review.
4.12.090.7(K)Confidentiality and Record Keeping
i. Record keeping
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The District must maintain records of its alcohol and drug programs. Formatted:centered
Records must be kept in a secure location with controlled access. The records may be
included in personnel records that have controlled and secure access only by authorized
personnel.
All records, except those requiring a signature, may be maintained through the use of
computer technology. The District must be able to produce a computer printout of the
required data on demand by the appropriate agency or the employee himself or herself.
The records may be maintained anywhere, but the District must make them available at
the District's principal place of business within two days of a FHWA, or other authorized
agency, request.
The following records must be kept:
a) Records related to the collection process: collection logbooks (if used); documents
related to the random selection process; calibration documentation for EBTs;
documentation of BAT training; documentation of reasoning for reasonable
suspicion testing; documentation of reasoning for post-accident testing, documents
verifying a medical explanation for the inability to provide adequate breath or urine
for testing; and, a consolidated annual calendar year summary.
b) Records related to the driver's test results: District's copy of the alcohol test form,
including results; District's copy of the drug test chain of custody and control form;
documents sent to the District by the MRO; documentation of any driver's refusal to
submit to a required alcohol or drug test; and, documents provided by a driver to
dispute the test results.
c) Records including documentation of any other violations of drug use or alcohol
misuse rules.
d) Records related to evaluations: records pertaining to the SAP's determination of a
driver's need for assistance and records concerning a driver's compliance with
SAP's recommendation.
e) Records related to education and training:materials on drug and alcohol awareness,
including a copy of the District's policy on drug use and alcohol misuse;
documentation of compliance with requirement to provide drivers with educational
material, including driver's signed receipt of materials; documentation of supervisor
training; and, certification that training conducted complies with all DOT
requirements.
f) Records related to drug testing: agreements with collection site facilities,
laboratories, MROs, and consortia; names and positions of officials and their role in
the District's alcohol and controlled substance testing program; monthly statistical
summaries of urinalysis from certified laboratories; the Memorandum of
Understanding with any unions representing District employees; and the District's
drug testing policy and procedures.
ii. Retention Period:
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a) Five years: alcohol test results indicating a breath alcohol concentration of 0.02 or Formatted:Font:Bold,Font color:Red
greater; verified positive drug test results; refusals to submit to required alcohol or Formatted:centered
drug tests;required calibration of EBTs,SAP's evaluation and referrals;and,annual
calendar year summary.
b) Two years: records related to the collection process and training.
c) One year:negative and canceled drug test results;and alcohol test results indicating
a breath alcohol concentration less than 0.02.
iii. Confidentiality and Access to Records
Generally,the District shall maintain records under this policy with as much confidentiality
as possible,and not release any driver drug and/or alcohol program information,except as
required by law or authorized by the District policies.
An employee is entitled, upon written request, to any records pertaining to his/her drug or
alcohol tests or other related matters. The records shall be provided promptly.
The District is required to permit access to facilities and records upon request of a DOT or
other regulatory official with proper authority.
The District may disclose driver information to the decision-maker in a lawsuit, grievance,
or other proceeding initiated by or on behalf of the individual resulting from an action taken
under these regulations. This includes worker's compensation and unemployment
compensation proceedings.
Records must also be made available in the following instances:
To a subsequent employer upon receipt of a written request from the driver, and then in
accordance with the terms of the request.
To an identified person as directed by a specific,written consent of the driver.
The release of employee information is allowed in the following instances:
a) An employee shall have access to any of his/her alcohol testing records upon written
request.
b) The District must allow any DOT-authorized agency access to facilities and records
in connection with the District's alcohol misuse prevention program.
c) When requested, the District shall disclose post-accident testing information to the
National Transportation Safety Board as part of an accident investigation.
d) The District shall make records available to a subsequent employer upon receipt of
a written request from the employee.
e) The District may disclose information to the employee or to the decision-maker in a
lawsuit, grievance, or other proceeding initiated by or on behalf of the individual.
This may include worker's compensation, unemployment compensation, or other
proceeding relating to a benefit sought by the employee.
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f) The District shall release information regarding a covered employee's records as Formatted:Font:Bold,Font color:Red
directed by the specific, written consent of the employee authorizing release of the Formatted:centered
information to an identified person.
iv. MRO Record Retention
The MRO shall maintain all dated records and notification for verified positive drug test
results for five years.
The MRO shall maintain all dated records and notifications for negative and canceled drug
test results for one year.
The MRO shall not release the individual drug test results of any driver to any person,
without a specific, written authorization from the tested driver. This does not prohibit the
MRO from releasing the results listed above to the District or regulatory officials with the
proper authority.
Annual Calendar Year Summary-Only if notified by FHWA, or upon request of an official
with proper authority, is the District required to prepare and maintain an annual calendar
year summary of its alcohol and drug testing program.
Retention of Records - This section explains how long controlled substance and alcohol
test records must be maintained,which records must be maintained, and where.
Required Period of Retention
Documents to Be Maintained
Five Years:
Alcohol test results indicating a breath alcohol concentration of 0.02 or greater
Verified positive controlled substance test results
Refusals to submit to required alcohol or controlled substance tests
Required calibration of Evidential Breath Testing Devices(EBT's)
Substance Abuse Professional's(SAP's)evaluations and referrals
Annual calendar year summary
Two Years:
Records related to the collection process(except calibration)and required training
One Year:
Negative and canceled controlled substance test results
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Alcohol test results Indicating a breath alcohol concentration less than 0.02 Formatted:Font:Bold,Font color:Red
Formatted:Centered
Types of Records required to be maintained:
Records related to the collection process:
a) Collection logbooks(if used)
b) Documents related to the random selection process
c) Calibration documentation for EBT's
d) Documentation of Breath Alcohol Technician (BAT)training
e) Documentation of reasoning for reasonable suspicion testing
f) Documentation of reasoning for post-accident testing
g) Documents verifying a medical explanation for the inability to provide adequate
breath or urine for testing
h) Consolidated annual calendar year summaries
Records related to the driver's test results:
a) The District's copy of the alcohol test form, including results
b) The District's copy of the drug test chain of custody and control form
c) Documents sent to the District by the Medical Review Officer
d) Documentation of any driver's refusal to submit to a required alcohol or controlled
substance test
e) Documents provided by a driver to dispute results of test
Documentation of any other violation of controlled substance use or alcohol misuse rules.
Records related to evaluations and training:
a) Records pertaining to substance abuse professional's (SAP's) determination of
driver's need for assistance
b) Records concerning a driver's compliance with SAP's recommendations
Records related to education and training:
a) Materials on drug and alcohol awareness, including a copy of the District's policy on
drug use and alcohol misuse
b) Documentation of compliance with requirement to provide drivers with educational
material, including driver's signed receipt of materials
c) Documentation of supervisor training
d) Certification that training conducted under this rule complies with all requirements
of the rule
Records related to drug testing:
a) Agreements with collection site facilities, laboratories, MROs, and consortia
b) Names and positions of officials and their role in the District's alcohol and controlled
substance testing program
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c) Monthly statistical summaries of urinalysis Formatted:Font:Bold,Font color:Red
d) The District's drug testing policy and procedures Formatted:centered
V. Location of Records
All required records shall be maintained in a secure location with limited access as selected
by the District. Records shall be made available for inspection at the District's principal
place of business within two business days after a request has been made by an authorized
representative of the Federal Highway Administration or other authorized agency.
For example:Specific records may be maintained on computer or at a regional or terminal
office, provided the records can be made available upon request from FHWA within two
working days.
vi. Effects of Drugs and Alcohol
Marijuana-Marijuana is the common term used to describe the cannabis plant. Marijuana
(also called pot, grass or dope) is usually smoked. Marijuana is both a narcotic and a
hallucinogen. It produces increased heart rates, blood pressure, blood shot eyes, dilated
pupils and dry mouth. Marijuana impairs the short term memory and the sense of time. It
can reduce motor skills, coordination, reaction time and concentration.
Cocaine:Cocaine is a stimulant and can be taken through the nose in powder form,injected
as a liquid or smoked. Cocaine is also found in a crystal form known as crack cocaine.
Both cocaine and crack cocaine are addictive narcotics which can also produce
hallucinogenic effects with long-term use. It causes increased heart rates, blood pressure,
respiration, dilation of the pupils, and result in anxiety, restlessness, irritability and sleep-
lessness.
Opiates: - Opiates include narcotics such as opium, heroin, morphine and codeine. They
appear as solids, pastes, powders, liquids, and can be smoked, ingested, or injected.
Opiates are depressants and relaxants. Opiate users can become lethargic, becoming
drowsy or going to sleep. Opiates are highly addictive and dangerous drugs. Some
physical signs can be runny eyes and noses, nausea, and fainting.
Phencyclidine - Often called PCP or "angel dust" is a hallucinogenic. It is synthetically
made and comes as a powder, tablet or capsule that can be ingested or smoked. The
effects of the use of PCP include increased heart rates, blood pressure, dizziness,
numbness, and disorientation, slows reflex and body movements, and can impair vision
and speech.
Amphetamines-Also known as methamphetamines are stimulants which can be ingested
as tablets or capsules.They are also found in powder form that can be sniffed or injected
as a mixed liquid. Some signs are elevated heart rates, blood pressure, respiratory rates,
dilated pupils, sweating (with pungent odor), sleeplessness, mood swings, talkativeness
and anxiety.
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Metabolites from drug use can be found in urine for varying lengths of time after being Formatted:Font:Bold,Font color:Red
used. Generally speaking, except for marijuana, which collects in fatty tissues, the above Formatted:centered
drugs stay in the body up to approximately one week.
Alcohol - Alcohol is a central nervous system depressant. Taken in large quantities it
causes not only the euphoria associated with "being drunk" but also adversely affects the
employee's judgment, his or her ability to think, and his or her motor functions.
Long term overuse of alcohol can cause liver damage,heart problems,sexual dysfunction,
and other serious medical problems. In some cases, alcohol use can lead to physical and
psychological dependence on alcohol. Alcoholism is a serious chronic disease. Left
untreated it will inevitably get worse.
Resolution 2008—04,Adopting Amendments to the District Code Title 4, approved on
May 7, 2008, replaces all contents of existing Title 4, and supersedes the following:
Resolutions: 77-21, 82-22, 83-42, 88-10, 90-14, 91-14, 93-15, 94-36, 04-15, 05-27,
07-10, and 07-23.
Minute Orders: 88-187, 88-199, 89-45, 91-35, 93-31, 94-74, 96-10, 97-119, 06-100,
07-04, 07-106, 07-147, and 07-148.
Ordinance: 02-05.
Revisions:
Res 2009-13(5/06/09)
Res 2009-36(12/02/09)
Res 2008-04, (5/7/08)
Res. 2009-36 (1242409)
Res. 2010-09 (6/2/10)
Res. 2014-07 (5/21/14)
Res 2020-09(3418420)
Res 2024-01 (2/7/24)
Formatted:Left,Tab stops:Not at 0"+ 0.5"+ 1"+ 1.5"
+ 2"+ 2.5"+ 3"+ 3.5"+ 4"+ 4.5"+ 5"+ 5.5"+ 6"
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TITLE 4 Formatted:Centered
PERSONNEL
CHAPTERS:
4.01 General Administration
4.02 Employment Non-Discrimination
4.03 Job Descriptions
4.04 Recruitment and Examinations
4.05 Appointments and Probationary Period
4.06 Compensation
4.07 Employment Benefits, Holidays, and Leaves
4.08 Performance Appraisal
4.09 Employee Activities
4.10 Disciplinary Actions
4.11 Grievances
4.12 Employee Safety and Health
CHAPTER 4.01
GENERAL ADMINISTRATION
Sections:
4.01.010 Introduction
4.01.020 Personnel Administration and Delegation
4.01.030 Personnel Records
4.01.040 Medical Records
4.01.050 Coordination with Memorandum of Understanding
4.01.060 Release of Employee Information
4.01.010 Introduction It is the intent of the District to establish and maintain an equitable
and uniform system for dealing with personnel matters. It is also the intent of the District to
comply with applicable laws relating to the fair and equitable administration of a
comprehensive personnel system. The rules and polices contained in this Title of the
District Code reflect the principles and standards of the District's system of employment.
The provisions of the personnel policies included in this Title do not constitute a contractual
right to District employment. Each employee is responsible for knowledge of and
compliance with these rules.
The District reserves the right to change or modify the terms and conditions set forth in
this Title.
4.01.020 Personnel Administration and Delegation The Board of Directors authorizes
the General Manager to administer,interpret,and implement the District personnel policies.
The General Manager may delegate any of the personnel administration authority to other
designees.
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4.01.030 Personnel Records The District shall maintain a personnel file for each District Formatted:Centered
employee, the contents of which meet the customary standards of good personnel
practices and which fairly represent the employee's work history with the District. Such
records shall only be accessible to the General Manager, the employee and such other
persons as the District deems have a "need to know". Department heads and supervisors
shall have access to performance evaluation records of subordinate employees in their
department, as well as such other personnel records about which they have a "need to
know".
Upon the employee's request, the District shall, at reasonable times and intervals, permit
that employee to inspect his or her file. The review will be conducted in the presence of a
Human Resources representative.
4.01.040 Medical Records Human Resources shall maintain all employee medical
information in separate, confidential files. The District will not disclose employee medical
information, except to District management personnel with a legitimate personnel need for
access,without prior written authorization from the employee,or except as required by law,
subpoena, or Court order.
4.01.050 Coordination with Memorandum of Understanding Where an employee is
within the bargaining unit covered by a Memorandum of Understanding (MOU) in effect
between the District and the Union, and the matter is specifically addressed in the MOU,
the terms of the MOU shall govern. In all other cases, the policies included herein shall
apply.
4.01.060 Release of Employee Information It is the policy of the District that all inquiries
regarding current or former employees of the District should be referred to the Human
Resources Department for response.
a) Human Resources staff will release only the facts of current or former employment,
the position held, and dates of employment, unless the employee or former
employee has signed a written waiver authorizing the release of additional
information,
b) Human Resources staff will provide additional information concerning quality of
work only with the prior written consent of the employee or former employee and a
signed Release of Information Authorization form is on file in the FIR Department.
c) The Human Resources staff may authorize individual supervisors to respond to
requests for detailed information when a signed release is on file in the HR
Department.
d) Home addresses or telephone numbers shall not be released except in the case of
an emergency.
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CHAPTER 4.02
EMPLOYMENT NON-DISCRIMINATION
Sections:
4.02.010 Equal Employment Opportunity Policy
4.02.020 Discrimination, Harassment and Retaliation Policy
4.02.010 Equal Employment Opportunity Policy It is the policy of the District to provide
equal employment opportunity in all aspects of the employer-employee relationship,
including recruiting, hiring, upgrading and promoting,training,education assistance,social
and recreational programs, compensation, benefits, transfers, discipline, layoff, recall and
all privileges and conditions of employment. The District will not unlawfully discriminate
because of race, color, religion, national origin, ancestry, citizenship, sex, age, marital
status, registered domestic partner status, physical or mental disability, medical condition,
sexual orientation, veteran status or on any other protected basis as designated by
applicable federal, state or local law,ordinance or regulation(referred to as the"Protected
Bases").
The District provides employment-related reasonable accommodations to qualified
individuals with disabilities within the meaning of the California Fair Employment and
Housing Act and the Americans with Disabilities Act.
4.02.020 Discrimination, Harassment, and Retaliation Policy The District wishes to
provide a business environment that is free of unlawful discrimination and harassment and
has zero tolerance for this type of behavior. Individuals who engage in such behavior will
be subject to disciplinary action up to and including termination.
Therefore, this policy is established by which persons who believe they have been
subjected to discrimination or harassing behavior may have their concerns reviewed,
addressed and corrected as appropriate.
Res. 2009-13 (5-6-09)
4.02.020.1 Discrimination prohibited: It is the express policy of the District to conduct its
business such that no employee,applicant for employment, customer, supplier,contractor
or any other person who does business with the District or interacts with the District in any
manner is subjected to discrimination on any legally protected basis.
4.02.020.2 Harassment defined: Harassment is a form of misconduct which undermines
the integrity of the employment relationship or the relationship with the public. Harassment
is behavior which is unwelcome, which is offensive to a reasonable person, or lowers
morale or interferes with work.
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4.02.020.3 Sexual harassment defined: Sexual harassment is defined as unwelcome Formatted:Font:Bold
sexual advances, requests for sexual favors, and other verbal or physical conduct of a Formatted:Centered
sexual nature, when:
a) Submission to the conduct is made either explicitly or implicitly a condition of
employment;
b) Submission to or rejection of the conduct by an individual is used as the basis for
an employment decision affecting such individual;
c) Such conduct has the purpose or effect of substantially interfering with the
individual's work performance or creates an intimidating, hostile or offensive work
environment.
4.02.020.4 Other forms of prohibited harassment: Harassment because of any of the
Protected Bases is expressly prohibited. Harassment includes any verbal, written, or
physical act in which any of the Protected Bases is referred to or implied in a manner that
would make another person uncomfortable in the work environment or that would interfere
with another person's ability to perform his or her job. Examples of harassment include
inappropriate comments or jokes;the display or use of offensive objects or pictures;use of
offensive language;or any other inappropriate behavior which has the purpose or effect of
discriminating on any of the Protected Bases as designated by applicable federal,state, or
local law, ordinance or regulation.
a) How to report instances of harassment or retaliation:The District cannot resolve
matters that are not brought to its attention. Any employee, regardless of position,
who has a complaint of or who believes he or she has witnessed harassment,
discrimination or retaliation at work by anyone, including supervisors, managers,
employees or even non-employees, has a responsibility to immediately bring the
matter to the District's attention. If the complaint or observation involves someone
in the employee's direct line of command, or if the employee is uncomfortable
discussing the matter with his or her direct supervisor,the employee is urged to go
to the General Manager.
b) How the District will investigate complaints: The District will thoroughly and
promptly investigate all concerns or complaints under this policy. If an investigation
confirms that misconduct has occurred, the District will take corrective action as
appropriate, up to and including immediate termination of employment.
Complaints under this policy will be kept as confidential as possible. Information will be
released only on a"need to know" basis, and no employee will be subject to retaliation by
the District because he or she has made a report or complaint under this policy.
4.02.020.5 No retaliation: It is strictly against District policy to retaliate against anyone
who reports or assists in making a complaint of prohibited harassment, or who participates
in the investigative process under this policy. Prohibited retaliation may include, but is not
limited to, withholding pay increases, negative evaluations, onerous work assignments,
withdrawing friendly courtesies, demotion, discipline, or dismissal. The District does not
tolerate retaliation, and violation of this Policy will result in discipline up to and including
termination. Anyone who feels that he or she has been subjected to retaliation should bring
this to the General Manager's attention.
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CHAPTER 4.03 Formatted:Font:Bold
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JOB DESCRIPTIONS
Section:
4.03.010 Job Descriptions
4.03.010 Job Descriptions The General Manager shall ensure that for each employment
position at the District, the District maintains a written job description summarizing the
duties, responsibilities, and employment standards of the position. Each job description
shall generally outline the main characteristics and qualification requirements of positions
and give examples of duties which employees holding such positions are typically required
to perform. Each job description shall contain minimum requirements for positions,
including training,experience, knowledge, licenses,skills,and abilities.All job descriptions
are subject to approval and signatures by the General Manager.
CHAPTER 4.04
RECRUITMENT AND EXAMINATIONS
Sections:
4.04.010 Recruitment of Department Heads
4.04.020 Recruitment of Management Employees
4.04.030 Bargaining Unit Employees
4.04.040 Application Forms
4.04.050 Examinations
4.04.010 Recruitment of Department Heads When a vacancy occurs in a department
head position, the General Manager shall review the job description to determine its
continuing applicability and shall recommend a salary range to the Board of Directors.
The Board of Directors shall adopt a salary range for the position. The position will be
publicized by such methods deemed appropriate by the General Manager.
The General Manager shall appoint an interview committee. The committee shall consist
of the General Manager, one member of the Board of Directors, and three additional
persons.The three appointed persons should include a department head of the District,an
employee of the District who would be subordinate to the new department head, and a
peer professional of the new department head from outside the District organization.
The initial screening of applicants will be performed by the interview committee. The
committee may utilize various testing methods that they deem appropriate in screening
applicants.
The District shall reimburse the candidates for reasonable costs to attend the interview.
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The committee shall recommend the appointment of a successful candidate to the General Formatted:centered
Manager or, in the alternative, may recommend that no candidate be hired and that others
be interviewed, or the process be initiated again. The committee shall set forth its
recommendations in writing.
The General Manager shall appoint a person to fill the vacancy. In making the appointment,
the General Manager shall give due consideration to the recommendation of the interview
committee.The General Manager is not bound by the decision of the interview committee.
The General Manager shall report his decision to the Board of Directors.
4.04.020 Recruitment of Management and Technical Employees Selection and
placement of all management and technical level employees will be through a competitive
and open process to select the most qualified candidate for the position. The process shall
include:
a) The manager hiring the position and Human Resources shall review the current
job description to ensure that it is current and meets the needs of the District.
The approval of the General Manager must first be obtained before any changes
may be made to the job description.
b) Advertise the open position for both internal and external candidates.
c) Invite top candidates to an initial panel interview. The panel shall consist of one
outside member and two District staff members in addition to the hiring manager.
A uniform set of questions shall be used for all candidates.
d) A second interview shall be conducted by the hiring manager.
e) Selection of the successful candidate shall be made by the hiring
manager/supervisor, subject to background and reference checks and physical
screening. Approval of the General Manager is required before an offer of
employment is made.
f) Any deviations from this process must be approved in advance by the General
Manager.
4.04.030 Bargaining Unit Employees Bargaining Unit positions will be filled in
accordance with the provisions of the MOU.
If the position is not filled by a current employee, the District shall follow the same
procedure as recruiting for management and technical employees, except the panel
interview will not include an outside member.
Any deviations from this process must be approved in advance by the General Manager.
4.04.040 Application Forms All applications for employment shall be made on forms
provided by the District. Application forms shall require information covering training,
experience, and other pertinent information.All applications must be signed and dated by
the person applying.
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4.04.050 Examinations The selection techniques used in the examination process shall Formatted:Font:Bold
be impartial,of a practical nature, and shall relate to those subjects that fairly measure the Formatted:centered
capability of applicants to perform duties assigned to the position for which they seek
appointment.
CHAPTER 4.05
APPOINTMENTS AND PROBATIONARY PERIOD
Sections:
4.05.010 Pre-employment Physical Examinations
4.05.020 Pre-employment Background Investigations
4.05.030 Nepotism/Fraternization
4.05.040 Probationary Period
4.05.010 Pre-employment Physical Examinations A physical examination, including
appropriate drug testing, will be required for all prospective employees after a contingent
offer of employment is made and prior to starting work. The District will select the health-
care provider and the examination will be at District expense.
4.05.020 Pre-employment Background Investigations An applicant who has received a
conditional offer of employment shall be required to authorize the District to conduct a
background check specifically related to the position offered.
4.05.030 Nepotism/Fraternization It is in the District's best interest to avoid conflicts of
interest, favoritism or the appearance of favoritism, and to decrease the potential for
inappropriate or illegal conduct in the workplace, including, but not limited to, sexual
harassment.
Accordingly, no person will be considered for employment with the District who is closely
related to a member of the District's Board or is closely related to an existing employee in
positions that would create a conflict of interest. For purposes of this policy,a close relative
is defined as spouse or domestic partner, children (stepchildren), parents (stepparents),
siblings (step-siblings), grandparents or grandchildren, or in-laws of the Board member or
employee. Persons who cohabitate, but are not married, are considered close relatives for
purposes of this policy and therefore subject to all restrictions and limitations.
In the event employees create a close relationship as described above after they are hired
by the District, the following provisions apply:
a) The related employees cannot have a supervisory or reporting relationship with
each other;
b) Neither employee can work in a position in which District information is privileged or
confidential and would present a conflict of interest on the part of either employee.
If the relationship of two employees is determined to create a conflict of interest, whether
actual or potential, one of the employees will be required to terminate employment. If the
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affected employees cannot decide which of them shall resign, the employee with the Formatted:Font:Bold
shortest tenure with the District shall be terminated. Formatted:centered
4.05.040 Probationary Period The probationary period shall be regarded as a part of the
selection process. During the probationary period, the employee shall be considered en-
training, and under careful observation and evaluation by supervisory personnel. This
period will be used to train and evaluate the employee's effective adjustment to work tasks,
conduct, and observance of rules, attendance, and job responsibilities. Any probationary
employee whose performance does not meet required standards of job progress or
adaptation may be released from District employment.
All original and promotional appointments shall be subject to a probationary period of not
less than six(6)months.The probationary period may be extended in circumstances where
further evaluation of the employee is deemed necessary by the District.
At the conclusion of the employee's probationary period and if the employee's performance
has been deemed satisfactory by the District, the employee shall be reclassified as a
regular employee.
Probationary employees may be discharged at any time during the probationary period
with or without cause and without the right of appeal.
CHAPTER 4.06
COMPENSATION
Sections:
4.06.010 Compensation Plan
4.06.020 Payment of Salary
4.06.010 Compensation Plan The General Manager shall maintain a compensation plan
for all classes of positions. The plan shall establish a salary range or rate of pay, showing
minimum and maximum rates for each class. The General Manager shall submit the
compensation plan to the Board of Directors for approval.
4.06.020 Payment of Salary The calendar work week begins at 00:00 a.m. on Saturday
and ends at 24:00 p.m. Friday. The pay period for all employees shall be based on a bi-
weekly period and will be paid not later than seven (7) days following the end of the pay
period.
CHAPTER 4.07
EMPLOYMENT BENEFITS, HOLIDAYS,AND LEAVES
Sections:
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4.07.010 General Formatted:Font:Bold
4.07.020 Insurance Plans Formatted:Centered
4.07.030 Retirement Plan
4.07.040 Supplemental Income Plans
4.07.050 Post-Retirement Benefits
4.07.060 Longevity
4.07.070 Holidays
4.07.080 Vacation Leave
4.07.090 Administrative Leave
4.07.010 Sick Leave
4.07.011 Family and Medical Leave
4.07.012 Pregnancy Leave
4.07.013 Unpaid Personal Leave
4.07.014 Military Leave
4.07.015 Jury Duty
4.07.016 Bereavement Leave
4.07.017 Industrial Disability Leave
4.07.018 Limitations
4.07.019 Return-to-work Physicals
4.07.021 Donation of Accrued Vacation Leave
4.07.010 General The policies in Chapter 7 shall apply to all regular employees of the
District who are not covered by a Union Memorandum of Understanding.
4.07.020 Insurance Plans—The District maintains the right to make administrative, plan
and/or vendor changes that will not materially affect employees' benefits or overall
employee cost of such benefits.
4.07.020.1 Group Medical Insurance Plan: The District shall provide and pay the full
premium for coverage of employees and their dependents. Part-time employees will
receive a pro-rated contribution based on their percentage of full-time equivalency.
Employees have a choice between two plans:
(a)The NRECA Preferred Provider Organization (PPO)plan with an in-network
$400 individual/$1200 family deductible.
(b)The NRECA High-Deductible Health Plan with a$1300 individual/$2600 family
deductible. The District will make a contribution to the employee's Health Savings
Account if this lower cost plan is selected.
(R 9�2021_-02)
4.07.020.2 Group Dental Plan: The District will furnish the NRECA Enhanced Dental
Plan.
4.07.020.3 Vision Plan: The District is self-insured and will provide an annual benefit up
to$4GO500 per covered employee or dependent.The benefit will be to cover the expenses
of examination,lenses,frames or contact lenses,Lasik or other vision improvement related
procedures,when recommended by a physician or optometrist.
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ATTACHMENT 5 Formatted:Font:Bold
Any unused portion of the annual benefit or incurred cost(not exceeding$408500)may be Formatted:Font:Bold
carried over to the next subsequent year. Formatted:centered
Roo 2009 36 (12 2 09)
4.07.020.4 Group Life Insurance Plan: The District will furnish "term insurance"equal to
three(3)times the annual salary for each employee.
4.07.020.5 Long-term Disability Plan: The District will furnish long-term disability
coverage of a monthly benefit equal to 66 2/3% of the employee's monthly base earnings,
with a maximum monthly benefit of$15,000 after the 13 week elimination period.
4.07.020.E Wellness Program Plan: The District will furnish a wellness program benefit Formatted:Font:Bold
of up to $500 annually per active emploveed.an The wellness benefit reimburses the
employee for wellness related costs incurred and is subject to income tax, as applicable.
Any unused portion of the annual benefit will not be carried over to the subsequent year.
4.07.030 Retirement Plan 4.L7.M Retirement Plan: The District will provide and
maintain membership in the California Public Employees Retirement System (CalPERS).
Employees hired on or after January 1,2013 will have CalPERS determine whether they
will be a"Classic" member(2.7%@ 55 Plan,with all the optional benefits adopted on
8/24/2004)or a"PEPRA"member(2% @ 62 Plan,with all the optional benefits effective
on 1/1/2013).
(R')C^�2)
4.07.035 PEPRA Members—Employee and District Contributions Formatted:Font:Bold
a)CalPers Contributions by the Employee and District are determined by the annual
actuarial valuation reports issued annually in July.
b)457(b)or 401(a)Plan Contributions—
1. Employee shall pay a percentage of wages equal to 13.03% minus the employee
contribution in a)above.
2. District shall pay a percentage of wages equal to 13.03% minus the employee
contribution in a)above plus 2.0%; subject to a maximum combined rate of District
CalPERS contribution in a)above and b)2 District contribution shall not exceed the
Classic pension District contribution rate.
4.07.050 Post-Retirement Health Benefits To be eligible to receive post-retirement
health benefits, an employee must have at least ten (10)years of service with the District.
Years of service is defined as cumulative years of service with the District, which may or
may not be consecutive years. Employees,who retire from the District and meet the
service requirement stated above,will receive a District contribution towards their post-
retirement health benefits premium with the insurance company that is contracted for
retiree benefits with the District at the time of the employee's retirement, as follows:
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ATTACHMENT 5 Formatted:Font:Bold
Total Years of Percent District Formatted:Font:Bold
Service Contribution Formatted:Centered
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%
The maximum monthly contribution paid by the District is listed below:
Maximum Monthly Contribution* Formatted:Left
Formatted Table
Retiree Only<65 years of age $600
Spouse only<65 years of age $600
Child(ren)only $600
Spouse&child(ren)only $1,000
Medicare 65+years of age $500
*Revised Maximum Monthly Contribution amounts were adopted by the Board of Directors-- Formatted:Normal, No bullets or numbering
effective January 1,2020 for regular employees with a retirement date after December 31,
2019. Effective January 1, 2024 the adopted Maximum Monthly Contributions are made
available to all retired employees subject to the provisions of District Code Chapter 4.07
Formatted:Indent:Left: 0.5", No bullets or numbering
The post-retirement medical plan is the same as the active employees'medical plan except
for a$500 deductible per person compared to a$400 deductible per person for employees.
Retirees may choose the High Deductible Health Plan as a lower cost alternative to the
PPO Plan.
A retiree cannot leave the plan and then come back. Once time is broken on the plan, the
employee or retiree cannot come back on the medical plan.
If the retiree is paying for part of the medical coverage it will be collected through an
electronic fund transfer from the retiree's bank account on a monthly basis.
When the retiree is eligible for Medicare, it is mandatory that the retiree enroll for Part B
coverage.
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Should the District change insurance plans or coverage, those changes will also apply to Formatted:Font:Bold
retirees. Formatted:Centered
The vision benefit will remain the same without any monthly caps..-,-
Board members are not eligible for this benefit.
4.07.060 Longevity In recognition of an employee's years of service, employees will
receive a longevity bonus. Bargaining Unit positions will be awarded a longevity bonus in
accordance with MOU Title 19, Section 19.3 Longevity. All regular management and
technical employees will receive a longevity bonus in accordance with the following
schedule:
Years of Service Longevity Bonus
5-10 0.20%of base salary
10-15 0.30%of base salary
20 + 0.40%of base salary
Longevity payments will be made retrospectively as soon as possible after the first pay
period of the calendar year, but not later than the last day of January of the calendar year
for those employees who are eligible. Employees separating from the District between
their anniversary date and the retrospective payment in January will be paid this benefit
on their final paycheck.The date from which the employee was employed full time
(regular and continuous employment)shall be the governing date for purposes of this
Policy.
4.07.070 Holidays Following are the recognized paid holidays for all regular management
and technical employees:
New Years Day January 1
Presidents Day third Monday in February
Memorial Day last Monday in May
Independence Day July 4
Labor Day first Monday in September
Veterans Day November 11
Thanksgiving Day fourth Thursday in November
Day after Thanksgiving fourth Friday in November
Christmas Eve December 24
Christmas Day December 25
Floating Holiday Scheduled with Supervisor
The Christmas Eve holiday shall be observed on the work day immediately prior to the date
of observing the Christmas Day holiday.
Holiday's falling on a Saturday or Sunday:When any of the allowed holidays fall on a
Saturday,the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday,
the following Monday will be observed.
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Eligibility: If an employee takes off any of the days observed by the District as a holiday and Formatted:Font:Bold
is absent without pay and/or authorization on the work day either immediately preceding or Formatted:centered
following such day observed by the District as a holiday, such employee will not receive
holiday pay.
4.07.080 Vacation Leave Full-time regular employees will accrue vacation leave from
the date of hire. Regular employees who work less than full time shall accrue vacation
on a pro-rated basis.
Eligible employees shall earn vacation leave as follows:
Rates of Accrual Number of Days per year
For the first five years of continuous service 10
After completing: 5 years of continuous service 15
10 years of continuous service 20
21 years of continuous service 21
22 years of continuous service 22
23 years of continuous service 23
24 years of continuous service 24
25 years of continuous service 25
30 years of continuous service 30
New employees will be given forty(40)hours of vacation leave at the start of employment,
in addition to regular vacation leave accrual.
Employees who terminate their employment with the District for any reason will be paid for
all accrued but unused vacation at their current rate of pay.
Vacation leave must be scheduled by mutual agreement between the Department Head or
his/her designee and the employee.
Employees may accumulate up to a maximum of 480 hours of vacation leave, at which
point the employee will not accrue additional vacation leave.
The General Manager,at his discretion,has the authority to negotiate a change in vacation
balances with non-bargaining unit personnel in a manner consistent to time spent in the
industry and limited to the time not to exceed 30 days.
The District, at the employee's option,will compensate regular management and
technical employees for accumulated unused vacation leave hours in excess of the
minimum balance of 80 hours and equal to twice the number of vacation hours actually
taken during the calendar year. Additionally, regular management and technical
employees may submit in writing, at the discretion of the General Manager, a request for
lump sum compensation for accrued vacation in excess of the minimum balance of 80
hours.Vacation leave compensation will be paid at the employee's current rate of pay.
4.07.090 Administrative Leave Management and technical employees shall be granted
�R10 days of administrative leave per calendar year. Administrative leave must be used by
the end of the calendar year or it is forfeited without compensation. No Administrative leave
shall be carried over the next calendar year, nor shall unused Administrative Leave be
converted to compensation.
Employees are to schedule administrative leave in the same manner as vacation leave.
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ATTACHMENT 5 Formatted:Font:Bold
Employees appointed to an exempt position after the first of the year may be granted leave Formatted:Font:Bold
on a prorated basis. Administrative Leave balances shall be adjusted when employees Formatted:Centered
separate employment prior to the end of the calendar year
4.07.010 Sick Leave The District provides paid sick leave to all regular employees for
periods of temporary absence due to injuries or illnesses. Regular eligible employees will
accrue unlimited sick leave benefits from the date of hire at the rate of one day per month
for each month the employee remains in a pay status(12 days per year maximum).
When an employee is no longer being compensated during the major portion of any
month by regular pay, paid vacation, or any other form of paid leave the employee will no
longer accrue sick leave.
Eligible employees may request to use paid sick leave for absence due to:
a)The inability of an employee to be present or perform duties because of
personal illness, off-duty injury, or medical treatments.
b)The need for the employee to care for an illness or injury of an immediate family
member(child, spouse, domestic partner, or parent). Employees may use their accrued
sick leave, up to a maximum of six(6)days in a calendar year for this purpose.
Employees can accumulate unused family sick leave not to exceed six days.
If an employee is absent for three or more consecutive days due to illness or injury,a
physician's statement may, at the supervisor's discretion, be required verifying the
employee's medical need to be off work, the beginning and expected ending dates of the
absence, and confirming the date that the employee may safely return to work.
4.07.010.1 Paid Sick Leave Cash-Out Plan: On December 1 of each year,full-time
regular employees may request to cash out up to eight hours of their accrued paid
sick time, if any. The cash-out will be effective the first payroll after the new year.
Upon retirement, accrued unused sick leave may be eligible to be applied to
service credit consistent with CalPers requirements.
After an employee has accumulated 6OG500 hours of sick leave, the employee can sell
back to the District sick leave over 600500 hours at a rate of 50%of base pay.
4.07.010.2 Unused Sick Leave Upon Retirement Employees who have an unused sick
leave balance at retirement have three options. Option 1: Credit the balance into the
conversion into CaIPERS service credit or Option 2: Receive a lump-sum pay-out at 50%
of the value of the sick leave balance. Option 3: Let the sick leave balance expire. At the
time of retirement, employees will be given the option of choosing one of these three and
if they don't choose within the time provided, then the sick leave balance will expire.
4.07.011 Family and Medical Leave Any eligible employee may be granted an unpaid
family and/or medical leave subject to the provisions of the California Family Rights Act
and the Family Medical Leave Act in effect at the time the leave is granted. An unpaid
family and/or medical leave may be granted for any of the following reasons:
a) Birth of a child; to bond with a newborn child;
b) To bond with an adopted child or child placed for foster care;
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c) To care for a child, parent, spouse or registered domestic partner with a serious Formatted:Font:Bold
health condition; Formatted:Centered
d) The employee's own serious health condition that renders the employee unable to
perform one or more of the essential functions of his or her job;
e) If a family member is called to or is on active duty in the military,or;
f) If a family member or next of kin is injured in the course of military service.
An eligible full-time employee shall be entitled to family and medical leave up to a total of
12 workweeks during the 12 month period that begins on the first day of the qualifying
leave. An eligible part-time employee shall be entitled to family and medical leave on a
proportional basis. Health benefits will be continued under the same terms as prior to the
leave.
To be eligible to request family and medical leave,an employee must have been employed
with the District for at least 12 months, and have worked at least 1,250 hours in the 12
months preceding the leave.
If possible, employees requesting leave must provide 30 days'advance notice. For events
that unforeseeable, employees must notify their supervisor and HR as soon as they learn
of the need for leave. Employees who return to work following an approved family and
medical leave will be reinstated to their same position, or a comparable position, to the
extent required by law.
Eligible employees are entitled to take family and medical leave in addition to any
pregnancy disability leave they might be entitled to take.
4.07.012 Pregnancy Disability Leave Employees who are disabled by pregnancy,
childbirth, or related medical conditions are eligible to be granted a pregnancy disability
leave of up to four months, depending on the period of medically-certified disability.
4.07.013 Unpaid Personal Leave An unpaid leave of absence may be granted to a regular
employee for urgent substantial personal reasons provided that adequate arrangements
can be made to perform the employee's duties without undue interference with the normal
routine of work.
All applications for a personal leave of absence shall be made in writing to the employee's
Department Head and include reasonable justification for approval of the request. The
Department Head and the General Manager will evaluate the request. Employees on a
personal leave of absence will become responsible for the full costs of District provided
benefits beginning on the first day of unpaid leave. All District paid benefits will be
suspended during the leave and will resume upon return to active employment.
4.07.014 Military Leave The District will provide military leaves of absence to employees
who serve in the uniformed services as required by the Uniformed Services Employment
and Reemployment Rights Act of 1994 (USERRA)and applicable state laws.
4.07.015 Jury Duty A regular employee will be paid his or her regular rate of compensation
when summoned to jury duty or by a subpoena to appear as a witness, unless the
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ATTACHMENT 5 Formatted:Font:Bold
employee's testimony is against the District's interest. The employee shall submit to the Formatted:Font:Bold
District any payment in excess of $50.00 received for jury duty, except mileage Formatted:centered
reimbursement.
4.07.016 Bereavement Leave Regular employees will be granted three days bereavement
leave with pay in the event of a death in their immediate families or of a member of the
employee's immediate household at the time of death. For purposes of this policy,
immediate family consists of an employee's spouse or registered domestic partner, or the
parent, foster parent, sibling, child, step-child, half-sibling, or grandparent of either. In
addition, such leave may be extended to cover the employee's step-parent,foster child, or
grandchild. An additional two days of bereavement leave will be granted if the employee
must travel 500 or more miles to attend to matters related to bereavement.
4.07.017 Industrial Injury Leave The District will grant workers' compensation disability
leave to employees with occupational injuries or illnesses in accordance with state law.
a) Notice Requirement
Employees must report all on-duty accidents, injuries and illnesses, no matter how
small,to their immediate supervisor as soon as possible.
b) Compensation During Leave
If the employee is deemed eligible,Workers'Compensation benefits will begin with
the first day of absence following the day of the work-related injury/illness. The
combined amount of industrial disability and Workers' Compensation benefits paid
by the insurance carrier shall not exceed 85%of each employee's daily basic wage.
c) Modified Duty
Temporary light duties may be assigned to industrially-injured employees when the
District determines that the work is available and such work in within the employee's
ability to perform. The duration of any such period of temporary work shall be
determined by the District, but in any event, modified duty will last no longer than
six months.
4.07.018 Limitations At no time shall the total combination of leave benefits, including
payments from Workers Compensation, State Disability Insurance, Social Security
Disability,or any other benefit to which the District contributes,exceed 100%of the normal
straight-time earnings for any employee.
4.07.019 Return to Work Physical Prior to permitting an employee to return to work
following any medical absence in excess of three days, the District may, at its discretion,
require a physician's release stating that the employee is physically able to perform the
duties of his or herjob.At the District's discretion, it may require a medical release to return
following a medical leave of shorter duration.
4.07.020 Donation of Accrued Vacation Leave An employee may, upon approval of the
General Manager, transfer all or any portion of his or her accrued vacation leave hours to
another employee of the District.Transfer of vacation leave from one employee to another
shall be permitted only in unusual situations involving serious injury or illness of an
employee or employee's family member.
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ATTACHMENT 5 Formatted:Font:Bold
Formatted:Font:Bold
Formatted:Centered
CHAPTER 4.08
PERFORMANCE APPRAISALS
Sections:
4.08.010 Employee Performance Evaluations
4.08.020 Professional Development for Management and Technical
Personnel
4.08.010 Employee Performance Evaluations Performance evaluations are an inherent
part of the ongoing supervision process by which employees are informed of the
performance expectations of them, and periodically informed of their progress and any
performance deficiencies.
The performance of every employee shall be formally evaluated in writing at the end of the
first three months and the first six months in a classification, and then annually thereafter.
An employee's performance may also be formally evaluated at other than the scheduled
times for specific reasons.
The formal evaluation process should include adequate time for discussion before the
evaluation is finalized and the employee shall have an opportunity to respond to the
supervisor's evaluation after it is finalized.
The employee's signature on the evaluation form indicates that the employee has seen the
form and had the opportunity to discuss it with his/her supervisor, not necessarily that the
employee is in agreement with its contents. The employee shall be given a copy of the
evaluation,with the original being placed in the employee's personnel file.
An employee who is given a rating of less than satisfactory shall be given a written
Performance Improvement Plan (PIP) by their supervisor. The employee will have five (5)
working days to review the PIP, and will subsequently meet with the supervisor to provide
his or her comments.The employee may provide an attached statement regarding the PIP.
The PIP shall then be signed by the supervisor and the employee.
Failure to comply with the PIP will lead to disciplinary action.
4.08.020 Professional Development for Management Staff Each member of the
management staff is encouraged to prepare a plan of professional development aimed at
establishing and maintaining professional competence.The General Manager shall review
said plan with the relevant staff person and approve a plan of professional development.
The approved professional development plan may be eligible for reimbursement by the
District for up to 50%of the costs of tuition,fees and books.
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ATTACHMENT 5 Formatted:Font:Bold
Formatted:Font:Bold
Formatted:Centered
CHAPTER 4.09
EMPLOYEE ACTIVITIES
Sections:
4.09.010 Code of Business Conduct
4.09.020 Electronic Data
4.09.030 Personal Communication Devices
4.09.040 Travel and Expense Reimbursement
4.09.050 Moving Expense Reimbursement
4.09.060 District Vehicle Use
4.09.010 Code of Business Conduct The District expects its employees to behave in a
fair, honest and ethical manner in all activities conducted on behalf of the District. This
Code of Business Conduct is intended to be a constant reminder of that expectation and a
statement of how we will conduct ourselves on a daily basis. All employees are expected
to know and understand the standards and expectations set forth herein.
The District believes that ethical standards are achieved not just through the publication
and dissemination of this document, but through open and ongoing discussion about
ethical issues related to the business and activities of this District. This District operates in
an open-door climate where employees understand that they can openly raise questions
and concerns without fear of retaliation. Further, this Code of Business Conduct is not
exhaustive but designed only to provide summary guidance to employees in how they are
expected to carry out their duties. When in doubt, employees are expected to use good
judgment and to raise questions with their managers.
4.09.010.1 Standards of Conduct Employees are expected to uphold the values of the
District and are required to report any situation where the individual reasonably suspects
any activity that may be in violation of the law, board policies, the Memorandum of
Understanding (MOU), or this Code. Standards of conduct include:
Employees are required to deal honestly and fairly with customers, co-workers, suppliers,
public and others having dealings with the District.
Employees are required to conduct themselves in a professional, business-like manner
while performing their jobs or representing the District in any manner.
Employees are prohibited from offering or accepting bribes, kickbacks or other forms of
improper payment from anyone. They are prohibited from receiving gifts, paid trips or
favors of more than nominal value from customers or suppliers. If in doubt, the employee
is required to ask the General Manager if the proposed gift or favor is of more than"nominal
value."
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ATTACHMENT 5 Formatted:Font:Bold
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Employees are required to limit their reimbursable expenses to those that are necessary, Formatted:Centered
prudent and business-related.
Employees are prohibited from taking unfair advantage of customers, suppliers or other
third parties through manipulation, concealment, abuse of privileged information, or any
other unfair-dealing practice.
4.09.010.2 Conflicts of Interest A conflict of interest exists when an employee is called
upon to make or is involved in any decision that creates or appears to create a conflict
between their personal interests, including the interests of their family members, and the
business interests of the District.
Employees must not seek any personal or family member benefit through any arrangement
with vendors, suppliers or other parties that have a business relationship with the District.
In any situation where it may reasonably be perceived that there is a conflict of interest,
the employee is required to report that potential or actual conflict of interest to their
supervisor or the General Manager.
In addition to these general standards on conflicts of interests, employees shall abide by
the Conflict of Interest policy adopted by the Board of Directors, District Code Title 2.
4.09.010.3 Confidentiality of Information Employees are frequently entrusted with
confidential information. This may include technical or financial information, personnel
information, medical information, customer lists and records, and other information that, if
disclosed, might be a violation of personal privacy, HIPAA laws, or could be potentially
harmful to suppliers, customers, Board members, employees or otherwise to the
operations or interests of the District. This information is the property of the District.
Employees shall not discuss District confidential information with or in the presence of
unauthorized persons, including family members and friends.
Employees shall use District confidential information only for the District's legitimate
business purposes and not for personal gain.
Employees shall not disclose District confidential information to third parties without
authorization.
Employees shall not use District information or other property or resources for any personal
gain or for the gain of any family member.
4.09.010.4 Customer Communications In communicating with our customers,the
District is committed that it shall:
Provide all information to which customers have a legitimate right.
Provide information that is accurate and understandable.
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ATTACHMENT 5 Formatted:Font:Bold
Formatted:Font:Bold
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4.09.010.5 Financial Reporting and Recordkeeping The District shall:
Follow generally accepted accounting principles and other prescribed rules and regulations
of other applicable regulatory bodies having jurisdiction.
Maintain a system of internal accounting controls that will provide reasonable assurances
that all transactions are properly recorded and that material information is available to
management when required.
Maintain books and records that accurately and fairly reflect the District's financial health.
Maintain a record retention system that ensures the District's records and documents are
properly retained and secured.
Conduct an annual financial audit to provide an independent, objective review of financial
reports, and to identify any risks associated with the system of internal controls.
4.09.010.6 Legal and RegulatorV Compliance The District will comply with all local,state
and federal laws, rules and regulations applicable to the activities of the District. It will
maintain a safe and healthy work environment free from harassment or discrimination per
the District's policy.
4.09.010.7 Reporting of Violations Every employee is responsible for ensuring that
violations of laws, rules and regulations, the MOU or this Code are reported promptly.
Reports of suspected violations may be made in person or in writing, confidentially or
anonymously,to the General Manager.. All such reports will be promptly investigated and
appropriate corrective action will be taken. Any employee who makes a report in good faith
and on reasonable belief may do so without fear of retaliation or retribution.
4.09.010.8 Employee Education All employees will receive a copy of the Code of
Business Conduct and will be required to sign a form indicating that he/she has received a
copy of the Code of Business Conduct, read its contents, and understands his/her
obligations under the Code.
4.09.010.9 Monitoring and Enforcement Every employee is responsible for monitoring
compliance with the Code by reporting suspected violations in a timely manner (as
discussed above)and cooperating with investigations of suspected violations. Employees
that violate any laws, rules and regulations, the MOU or this Code may face appropriate,
case-specific disciplinary action. Additionally, on a periodic basis, this Code of Business
Conduct policy will be reviewed for effectiveness and appropriate modifications and/or
enhancements will be recommended as deemed necessary.
4.09.020 Electronic Data It is the policy of the District that all electronic office data storage
systems including, but not limited to,voice mail, computers,electronic mail, and facsimiles
are the property of the District and are provided to employees for their use in conducting
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ATTACHMENT 5 Formatted:Font:Bold
District business. The systems belong to the District and are accessible at all times by Formatted:Font:Bold
District management for any business purpose. Accordingly, employees should not have Formatted:Centered
any expectation of privacy in any information they create or receive on the District's
systems.
Specific rules and procedures are detailed in the District's "Computer & Information
Technology Standards of Practice.
4.09.030 Personal Communication Devices Personal communication devices may be
issued to employees to enhance the efficiency and effectiveness of District
communications. Department Heads shall be responsible for determining the employee's
need for a District provided device based on the business needs of the District. Employees
who are issued such devices are responsible for adhering to the following standards:
a) Personal communication devices shall be used for appropriate business purposes.
b) Personal usage should be kept to a minimum; employees shall reimburse the
District for all personal usage that result in a charge to the District.
c) District personal communication devices may not be used for commercial profit or
secondary employment.
4.09.030.1 Use of Personal Communication Devices while operating a vehicle
California State laws prohibit the use of personal communication devices while driving
unless using a hands-free device. Employees shall adhere to these laws.
4.09.040 Policy for Travel and Expenses It is the District's objective to establish a policy
governing employee travel and the payment of travel and out-of-pocket expenses incurred
by employees while involved in official District business or while in attendance at authorized
meetings or training.
Policy Content:
a) It is the policy of the District to enable employees who are away from home on
District business to travel comfortably and safely, in an efficient and economical
manner;
b) Employees must obtain pre-approval from the General Manager for travel and
expected business expenses before the expenses are incurred; and
c) The District will reimburse employees for actual authorized travel expenses that
are reasonable and necessary in the conduct of District business and upon the
submission of an expense report with receipts attached, and upon approval of the
appropriate supervisor. Employees should use good judgment when incurring
business expenses. The employee is expected to use a reasonably economic
means of lodging, meals and transportation that will meet the traveler's
requirements with due consideration to safety and comfort.
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ATTACHMENT 5 Formatted:Font:Bold
4.09.040.1 Personal Automobile Use Employees shall utilize District owned vehicles for Formatted:Font:Bold
business travel whenever possible. If a District owned vehicle is not available, employees Formatted:centered
must have prior approval from the General Manager before using their personal
automobile. Drivers must have a valid driver's license and adequate liability insurance.
Motorcycles will not be authorized for business travel.
Personal automobiles used on District business must be covered by liability insurance. It
is the employee's responsibility to have adequate automobile insurance. A copy of the
current Proof of Insurance must be furnished to the District by the employee indicating
coverage before using a personal vehicle for District business. The District will not be
responsible for any damage incurred to or by the employee's automobile in the course of
conducting District business.
Employees will be reimbursed at a rate per mile equal to the current IRS standard mileage
allowance. Such reimbursement cannot exceed the cost of air coach by the most direct
route if plane service is available and practical.
Employees will be reimbursed for all business-related parking and tolls, but not for fines
and penalties imposed for the violation of traffic and other laws.
4.09.040.2 Out of Town Travel When deciding on a mode of transportation, District staff
should utilize the most cost effective means of transportation, while considering the travel
time associated with the trip.Air travel must be by coach or standard class.Alternate routes
or additional stops for the employee's benefit will be at the employee's expense, prorated
to the most cost effective direct route.
Hotels selected should be those that are recognized as reputable, reasonable in price for
the area, and conveniently located in relation to the employee's work assignment.
Rooms should be at the government rate (where available)for a single, standard room.
The District will not reimburse for alcoholic beverages or any expense considered personal
entertainment, including in-room movies. While employees are traveling, the District will
consider a telephone call to the employee's immediate family(spouse,registered domestic
partner, children, and parents)to be a business expense. These calls are expected to be
of reasonable length. Employees should use a cell phone or phone card,with the standard
hotel long distance service as the last resort.
Employees must use good judgment as to the reasonableness of costs for meals.
Gratuities should not exceed acceptable and customary practices. Employees are
encouraged to take advantage of meals included in the price of a business seminar or
conference, or in the cost of their hotel room. Meal reimbursements must include a
detailed/itemized receipt.
4.09.040.3 Submitting Travel Expense Reports It is the responsibility of each employee
to provide a complete and factual accounting of funds through the travel expense report.
All reports must be submitted within 30 days to the immediate supervisor and approved by
the Department Manager.
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Actual receipts showing itemized charges must be attached for all expenses, including Formatted:centered
lodging,transportation,tolls, and meals.
4.09.040.4 District Issued Credit Cards District credit cards have been issued to
designated employees. The use of District credit cards is only for District business
expenses. No personal charges are to be placed on the District's credit card.
Itemized receipts must be attached to an employee's monthly credit card statement. The
monthly statement must be signed by the employee and approved by the Department
Manager and General Manager.
4.09.050 Moving Expense Reimbursement New employees who have been recruited
by the District and are required to move their place of residence(more than 50 miles)as a
result of accepting employment with the District may be reimbursed for qualified moving
related expenses.
Eligible expenses shall be limited to documented costs to move furniture and household
items and transportation for the employee and members of his/her immediate family based
upon the current IRS mileage rate. Costs associated with the sale or purchase of a home,
lodging, meals, temporary storage of personal items, or costs that are not directly
necessitated by the move will not be included in the costs subjected to reimbursement.
The amount of reimbursement shall not exceed the amount equal to one-half of the
employee's monthly salary and must be properly documented by receipts. The General
Manager will make final decisions regarding the appropriateness of expenses for the
reimbursement.
4.09.060 Vehicle Use Policy District owned vehicles are provided for official use only
and are not to be used for private transportation or personal business.Vehicles will be
parked at the District site when not in use and will be available to all personnel for any
valid business-related purpose.
District employees who are required to drive as a part of their job responsibilities must
possess a valid driver's license. All such employees are required immediately to advise
District management of any driving violations, citations, or accidents resulting in a
suspension or revocation of their driver's license.
If possible, the District will provide a vehicle for transportation to and from business
meetings,conferences,or other events that employees attend located away from the office.
If an employee drives his or her own personal vehicle,the District will pay the current rate
for mileage as set by the Internal Revenue Service.
Smoking is prohibited in District owned vehicles.
Seat belts shall be worn while driving or riding in all vehicles used for District business.
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Employees that are subject to being called outside of normal work hours for emergencies Formatted:Font:Bold
or other District business will be assigned vehicles to be driven to and from their place of Formatted:Centered
residence.These employees are:
a) General Manager
b) Electric Utility Director
c) Electric Operations Manager
d) Assistant Electric Operations Manager
e) On-Call Lineman
f) Electric Engineer
g) Water Utility Director
h) Water Operations Manager
i) Water Engineer
j) On-Call Water Technician
The General Manager can authorize any District employee, on occasion, to keep a pool
vehicle at their residence overnight when the situation arises that requires the employee to
conduct District business before or after regular work hours.
No employee shall be allowed to use an assigned vehicle for personal purposes other than
commuting and de minimis personal use, such as a stop for a personal errand on the way
home. Once at the employee's residence, District vehicles shall only be used for official
District business or the return commute to place of business.
District vehicles shall be operated only by an authorized District employee. Employees may
occasionally have passengers that are a necessary part of the District's operations.
The District will comply with Internal Revenue Service statues in regards to reporting
employee vehicle use as a taxable fringe benefit.
The General Manager is authorized to rule on any unforeseen situation that might arise
that is not covered in this policy.
Staff shall report to the Board annually of vehicle use and IRS compliance.
CHAPTER 4.10
DISCIPLINARY ACTIONS
Section:
4.10.010 Disciplinary Procedures
4.10.010 Disciplinary Procedures The principal objectives of this policy are to promote
orderly job conduct and the longer range development of a goal-oriented and productive
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personnel team, help ensure compliance with state and federal laws, and to establish the Formatted:Font:Bold
procedural means of protecting employment rights of employees. Formatted:centered
The effect of this policy should be:
a) The reduction of involuntary terminations.
b) The avoidance or minimizing of misunderstandings between supervisory and non-
supervisory personnel.
c) Ensuring that personnel are provided with notice of unacceptable conduct in
sufficient time to permit self-correction and improvements.
d) Ensuring that documentation is maintained and available to support management's
position in the event of discriminatory charges.
It is recognized that this policy applies to all employees represented by IBEW Local Union
1245(bargaining unit employees)as well as management employees(non-bargaining unit
employees). The coverage of non-bargaining unit employees by this policy shall in no
manner create any legal or other obligation of IBEW Local Union 1245 toward non-
bargaining unit employees. IBEW Local 1245 shall have no obligation whatsoever to
provide a defense, provide advice, or otherwise represent non-bargaining unit employees.
4.10.010.1 Definition The term discipline will be understood as meaning "a state of
orderliness" such as in a "disciplined team" or in a "disciplined performance." Therefore,
disciplinary action is action taken to maintain an orderly way of imposing sanctions to
remedy unacceptable employee performance.
4.10.010.2 Causes for Disciplinary Action The following are examples of conduct for
which discipline may be imposed. This list is merely a summary. It is not exhaustive and
discipline may be imposed for misconduct not set forth below:
a) Improper or unauthorized use or abuse of sick leave;
b) Excessive absenteeism;
c) Being absent without authorization; repeated tardiness or leaving without
authorization;
d) Violation of District policies, rules or procedures;
e) Insubordination, disobedience, or failure to carry out any reasonable order;
f) Acceptance of gifts or gratuities in connection with or relating to the employee's
duties;
g) Any conduct which is harmful to the orderly conduct of business, the safety of
employees or equipment, or which adversely affects the employee's ability to
perform his/her job;
h) Falsifying information related to employment application, payroll or any other
work related record or report;
i) Discourteous or inappropriate treatment of the public or District employees;
j) Violation or neglect of safety rules or common safety practices;
k) Theft, dishonesty, or fraud;
1) Physical altercations or acts of aggression;
m) Engaging in discriminatory or harassing behavior in violation of state/federal
laws and/or District policy;
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n) Substandard or inadequate job performance, including failure to perform Formatted:Font:Bold
assigned tasks or training,or failure to discharge duties in a prompt,competent, Formatted:Centered
and reasonable manner;
o) Violation of the District's policies regarding drugs, alcohol, and/or tobacco use;
p) Careless, negligent, or improper use of District property, equipment or funds,
including unauthorized removal, or use for private purpose, or use involving
damage or unreasonable risk of damage to property.
4.10.010.3 Progressive Discipline Procedures - The actions identified below reflect a
logical progression from the least serious to the most serious. In general, a supervisor's
approach to matters requiring disciplinary action will follow this progressive approach.The
first steps of the disciplinary procedure are to be regarded as corrective measures and are
to be combined with appropriate instruction which, if followed, would make further steps
unnecessary.The seriousness of the offense shall be taken into account by the supervisor,
and the supervisor need not necessarily proceed to the next level of disciplinary action
upon the repetition of the offense. In order for a supervisor to proceed to the next level of
disciplinary action, the offense need not be a repetition of a prior offense.
A Skelly meeting (as defined below)will generally precede disciplinary action involving a
loss of pay. However, suspensions of five days or less may be immediately implemented
providing that the Skelly procedure (as defined below) is then promptly followed. Under
certain conditions more severe disciplinary action may immediately occur.
4.10.010.4 Forms of Disciplinary Action:
4.10.010.4(A)Verbal Reprimand—The verbal reprimand is considered informal discipline
and notifies the employee that his/her performance or behavior must be improved. This
warning defines the areas in which improvement is required, sets up goals leading to this
improvement and informs the employee that failure to improve will result in more serious
disciplinary action.
This is the first official step of disciplinary action. It shall be used to deal with minor infractions
of rules and practices. It is,in effect,a statement to the employee that he/she has(1)violated
a District rule or work practice that he/she should have been aware of, (2)that he/she will
be expected to abide by all such rules in the future.
The manager will summarize this action with written documentation concerning the
conversation. This document is placed in the employee's personnel file and a copy is given
to the employee. The employee shall be permitted to file a written response, the original
being directed to the department head and a copy filed in the employee's personnel file.
4.10.010.4(B)Written Reprimand—The written reprimand is a written record of discipline,
that is usually, but not always, issued after a previous verbal reprimand. The employee is
advised that his/her behavior is below standard and that continuation or repetition of that
behavior shall result in more serious disciplinary action. The written reprimand shall
specifically cite the substandard conduct and, where appropriate, reference the particular
Code or Policy that has been violated.
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A copy of the written reprimand shall be provided to the employee and a copy placed in the Formatted:Centered
employee's personnel file. The employee shall be permitted to file a written response, the
original being directed to the department head and a copy filed in the employee's personnel
file.
4.10.010.4(C)Suspension—The suspension is a District ordered absence from duty without
pay for a specified period of time, and generally, but not always, follows a previous verbal
and written warning.
4.10.010.4(D). Reduction in Pay—Reduction in pay is a temporary reduction in salary to a
lower salary step for a specified maximum period of time. The employee does not have
sudden stoppage of income and may be able to have the reduction lifted by good
performance. The department does not lose the services of the employee. An individual
should have been warned or reprimanded prior to taking this action to advise him or her that
his or her performance is not acceptable.
4.10.010.4(E). Demotion — A demotion is a permanent change in classification of an
employee to a position of lower responsibility and pay for unsatisfactory performance or
disciplinary reasons. No employee shall be demoted to a position for which he or she does
not possess the minimum qualifications;the employee's new duties must be consistent with
those described in the job description.
4.10.010.4(F). Last Chance Agreement—At the discretion of the General Manager,a last
chance agreement may be entered into with the employee, the bargaining unit if
appropriate, and the District. This agreement is a possible alternative to termination. The
agreement, signed by all parties, will state the steps or conditions that the employee is
required to follow or meet to continue his or her employment with the District.
4.10.010.4(G) Termination/Discharge - Termination is the most severe form of
disciplinary action. This course of action may result, for example, from an employee's
violation of the District's "Causes for Disciplinary Actions," or due to an accumulation of
various violations. This action is normally one of last resort, and shall only be taken when
management is thoroughly satisfied that the employee has been given every reasonable
opportunity to meet performance or behavior standards and clearly failed to do so.
4.10.010.5 Pre-Disciplinary Proceedings A public employee has certain procedural
protections called "Skelly" rights before serious discipline (i.e., a reduction in pay or
suspension of more than five (5)working days)may be imposed. Before such discipline is
imposed,the employee has the option to request an administrative meeting with the District
whereby the employee(with or without his/her representative)may respond to the charges
with facts and/or other information which he/she wishes the District to consider in deciding
whether or not to proceed with the proposed discipline.
The requirements of the Skelly procedure are satisfied as follows:
a) The employee receives advance notice of the proposed disciplinary action.
b) The notice states the reasons for the proposed action.
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c) The notice contains the charges upon which the proposed action is based. Formatted:Font:Bold
d) The employee is allowed access to any materials upon which the proposed action Formatted:centered
is based.
e) The employee is afforded the right, either orally or in writing, or both, to respond to
the proposed charge(s)and the proposed disciplinary decision.
4.10.010.5(A)Skelly Notice-The notice requirements of Skelly are as follows:
a) The Skelly notice shall be in writing.
b) The letter shall set a date,time and place for the employee to respond to the charges
if he/she elects to do so. In order to allow the employee time to seek advice and to
prepare any oral or written response he/she may wish to make, the date set for
his/her response should be at least five working days from the date the letter is sent.
The letter shall contain a request that the employee give notice if he/she elects to
waive his/her right to respond orally.
c) The letter shall contain the notice of the proposed disciplinary action intended to be
taken.
d) The reasons for the proposed action must be set out. The part of the Skelly letter
setting out the misconduct with which the employee is charged must be factual so
that any person reading the letter will be able to determine the exact misconduct
charged.
e) The factual allegations of misconduct must specifically cite the District's particular
policy and/or "Causes for Disciplinary Actions" that the employee is charged with
violating.
f) The notice must advise the employee of his/her right to respond to the charges,
either orally or in writing.
g) The notice must advise the employee of his/her right to representation if he/she
elects to respond.
h) The notice will advise the employee that discipline may be imposed whether or not
he/she responds to the charges.
4.10.010.5(B) Skelly Meeting - The Skelly meeting, if the employee elects to have a
meeting,shall be conducted as follows:
a) The General Manager(hereafter"Skelly Officer")shall chair the meeting.
b) The Skelly Officer shall establish that the employee has received the Skelly notice
and understands the charges set forth therein.
c) The Skelly Officer shall make available any documents which were considered in
determining the charges and proposed disciplinary action.
d) The employee or his/her representative shall be given the opportunity to respond to
the charges and proposed action.
e) The employee or his/her representative shall be given the opportunity to make final
comments regarding the proposed action.
f) The Skelly Officer shall close the meeting by indicating that he/she will consider all
statements and/or documents,which may have been presented prior to determining
the final action.
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The General Manager will determine whether the charges have been sufficiently Formatted:Font:Bold
established and the appropriateness of the level of the proposed disciplinary action. Formatted:centered
4.10.010.5(C)Action Letter-Following the Skelly meeting,the Skelly Officer will promptly
prepare a letter containing all of the following:
a) Factual Findings. Repeat the charges as set out in the Skelly notice letter, provided
the Skelly Officer concludes they have been established. If a charge has not been
established or if facts excusing or mitigating of the misconduct have been disclosed,
the letter should so state.
b) The specific District policy and/or particular portion of the "Causes for Disciplinary
Action"which were violated should be cited.
c) The discipline imposed may not exceed the maximum stated in the Skelly letter.
d) A statement that the employee may appeal the action to arbitration consistent with
the provisions of the Union contract or other District procedures, if applicable.
4.10.010.5(D)Appeal Process -The following process applies to management positions
(i.e., non-bargaining unit positions)only.The grievance/appeal process for bargaining unit
members is set forth in the MOU.
If an employee wishes to appeal a disciplinary action, they may move the matter to
arbitration by filing a request for arbitration in writing with the General Manager. To be
timely, the request for arbitration must be received within fourteen calendar days of the
date of the Skelly Officer's decision.
As soon as reasonably possible after the matter has been referred to arbitration,the parties
or their designated representatives shall confer regarding the selection of the arbitrator. If
agreement cannot be reached, the parties shall request a panel of seven arbitrators from
the California State Mediation and Conciliation Service ("SMCS"). The parties or their
representatives shall alternatively strike from the SMCS list until one name remains and
that person shall serve as the Arbitrator.
At the Arbitration hearing, both sides shall be represented by the person of their choice
and shall be solely responsible for the costs associated with the presentation of their case
including but not necessarily limited to the costs associated with their representative and
any witnesses. The costs and fees associated with the Arbitrator and court reporter shall
be divided evenly between the parties.
The decision of the Arbitrator shall be final and binding, however,the Arbitrator shall have
no authority to add to, modify or delete any provisions of the District's codes or policies.
CHAPTER 4.11
GRIEVANCES
Section:
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4.11.010 Grievance Procedure The District will recognize the grievance procedure as
outlined in Title 14 of the Memorandum of Understanding. In connection with all grievances
filed, it shall be the policy of the District that:
a) Prompt attention be given to all grievances;
b) That there will be freedom from reprisal against those filing a grievance;
c) Those reasonable efforts will be made to resolve the grievance at the lowest
possible level within the District.
CHAPTER 4.12
EMPLOYEE SAFETY AND HEALTH
Sections:
4.12.010 Safety and Loss Control
4.12.020 Injury and Illness Prevention Program
4.12.030 Wellness Program
4.12.040 Safety and Loss Committee
4.12.050 Tobacco-Free Workplace
4.12.060 Workplace Violence
4.12.070 Driver's License Policy
4.12.080 Drug and Alcohol Free Workplace
4.12.090 DOT Testing Policy
4.12.010 Safety and Loss Control The purpose of this policy is to:
a) Protect human life from injury and preserve property of the District and the general
public.
b) To instill an awareness of the importance of safe work and loss control practices in
the operation of District facilities, and to establish the desire and expectation in all
employees to work safely.
c) To educate and train District employees in proper job practices and procedures
through a continuing on-the-job training program.
d) To comply with applicable federal, state and local regulations.
A comprehensive set of basic operating and safety rules and safe work practices that
address all aspects of District operation shall be developed, adopted and distributed to all
employees of the District. Each employee shall sign a receipt of acceptance indicating they
will follow and abide by the safety rules and work practices.
4.12.020 Injury and Illness Prevention Program The District will maintain a
comprehensive and continuous occupational Injury and Illness Prevention Program (IIPP)
for all employees. The health and safety of the individual, whether in the field or office,
takes precedence over all other concerns. The District's goal is to prevent accidents and
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to eliminate personal injury and occupational illness and comply with all safety and health Formatted:Font:Bold
rules and standards.
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4.12.030 Wellness Program To promote the wellness of its employees, the District will
maintain an Employee Wellness Program. The program shall include Health Risk
Appraisals and a variety of health and fitness related activities. Participation by employees
in this program is voluntary.
4.12.040 Safety and Loss Committee A Safety and Loss Control Committee shall be
established that will include District management and union employees and will meet at
least monthly. The Committee will annually update the Safety and Loss Control program.
A program of regularly scheduled safety and job training meetings shall be held to educate
District employees and maintain an awareness of job safety.
Supervisors shall be held accountable for implementation and enforcement of the safety
and loss control program.
The General Manager shall submit to the Board of Directors an annual report summarizing
the safety activities for the past year.
4.12.050 Tobacco-Free Workplace Policy The District's objective is to provide a
healthful, comfortable and productive work environment for all District employees,
directors,vendors and customers.
Accordingly, and in compliance with California law, it is the policy of the District to prohibit
smoking or use of tobacco products of any kind within all District controlled and operated
facilities, as well as District vehicles and worksites.
Smoking is prohibited within twenty (20) feet from entrances, exits, air intake vents,
stairwells, breezeways, garage doors or operable windows. Littering of matches,
cigarettes, cigars, chewing tobacco or any other substance is not permitted. Proper
containers must be used for disposal of these items.
Signs acknowledging "Smoke-Free Building" shall be posted on entrance doors of the
building and other locations as deemed appropriate.
All employees share in the responsibility for adhering to and enforcing to this policy.
4.12.060 Workplace Threats/Violence The District is committed to providing a safe and
secure workplace for employees,customers,contractors and visitors.Threats,threatening
behavior,or acts of violence against any individual on District property,at District controlled
worksites or involved in the conduct of District business will not be tolerated.
4.12.060.1 Definition of Workplace Threats/Violence Workplace Threats/Violence may
be conduct that causes an individual to fear for his or her personal safety or the safety of
his or her family, friends and/or property, such that employment conditions are altered
and/or a hostile abusive or intimidating work environment is created.
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Specific examples of conduct prohibited by this policy include, but are not limited to:
a) Threats or threatening behavior directed toward an individual or his/her family,
friends, associates, or property;
b) Harassing or threatening phone calls, written messages,videos, photographs or E-
mails;
c) Surveillance by any means;
d) Stalking;
e) Fighting or other physical violence or threat of physical violence;
f) Threats of aggression or violence made"in-jest".
It is the responsibility of all District employees to immediately report any threatening or
violent behavior they have witnessed or have knowledge of, occurring on District property,
worksites or connected to District employment, to their supervisor or department head.
The incident will be investigated and documented by the appropriate management
employee, with all necessary steps taken to intervene in and/or remedy any potentially
hostile or dangerous situations.
4.12.070 Employee Driver's License Policy The purpose of this policy is to maximize the
safety of the District employees and minimize potential liability exposures and District
property damage potential connected with the operation of vehicles used in the course of
District business. Another purpose of this policy is to assure that all employees operating
vehicles while on District business meet all licensing and driving qualifications.
It is a requirement for continued employment for every position with driving duties that the
employee maintains a valid driver's license. In addition, the District's policy is to verify, at
least annually, the DMV motor vehicle record (MVR) for employees who drive for the
District.This policy applies both to drivers of District owned vehicles as well as employees
using personal vehicles in the course of District business.
The General Manager or his or her designee shall administer this policy.The following are
minimum requirements:
a) All employee positions that include operation of a motor vehicle as part of their
duties for the District shall possess a valid state issued drivers' license;
b) An employee shall not operate a District vehicle or a personal vehicle for District
business if that employee's license is not valid for any reason; and,
All employees who drive for the District shall:
a) Maintain the necessary license required by their job description;
b) Authorize the District to obtain a MVR from the Department of Motor Vehicles from
the state of the employee's drivers' license;
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c) Immediately report to the General Manager or his or her designee any suspension Formatted:Font:Bold
of driving privileges or other restriction on the employee's driver's license that affects Formatted:centered
the employee's ability to perform his/her job.
For employees who drive for the District, inability to operate a District because of an invalid
drivers' license impairs an employee's ability to satisfactorily perform their job. Such
circumstances are subject to review by the General Manager and corrective actions,
including termination may occur as a result.
4.12.080 Drug and Alcohol-Free Workplace The District is committed to establishing and
maintaining a high-quality, safe environment for employees and the public, and supports a
drug and alcohol-free workplace. The unlawful use, possession, sale, distribution,
dispensation, or manufacture of a controlled substance in the workplace or in a work-
related situation, by District employees is prohibited, and will not be tolerated. Further,
employees are prohibited from using or being under the influence of drugs or alcohol in the
workplace. The normal use of over-the-counter medications and the legal use of
prescription drugs as ordered by a physician are not prohibited by this policy, as long as
the drugs do not interfere with the employee's ability to safely perform his or her job.
District employees who violate the District's policy will be subject to disciplinary action
consistent with the District's Disciplinary Procedures.
The District will conduct periodic training for employees and supervisors on substance
abuse prevention and education.
The District shall continue to offer a confidential Employee Assistance Program to aid
employees with substance abuse problems.
Pre-employment Testing:All applicants, after receiving a conditional offer of employment,
will be subject to a controlled substance screening test as part of a pre-employment
physical examination.
Reasonable Suspicion Testing of Current Employees: Any current employee may be
subject to drug or alcohol testing under certain circumstances. When an employee's
observed behavior, involvement in an on-the-job accident or other circumstances raise
reasonable suspicion that this Policy is being violated, the District may require the
employee to undergo a test for controlled substances or alcohol when such testing is job-
related and consistent with business necessity.
Reasonable suspicion under this Policy shall be based on specific, personal and
observations concerning the appearance, behavior, actions, and speech or body odors of
the employee.
4.12.090 Drug and Alcohol Testing Policy Applicable to Commercial Motor Vehicle
Drivers(CDL)Only
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4.12.090.1 Purpose It is the goal of the District to provide a healthy, satisfying work Formatted:Font:Bold
environment that promotes personal opportunities for growth. In meeting these goals, it is Formatted:centered
the District's policy to do the following:
a) Assure that employees are not impaired by alcohol or prohibited drugs in their ability
to perform assigned duties in a safe and productive manner.
b) Create a workplace environment free from the adverse effects of alcohol and
substance abuse or misuse.
c) Encourage employees to seek professional assistance any time personal problems,
including alcohol or drug dependency, adversely affect their ability to perform their
assigned duties.
4.12.090.2 Included Persons This alcohol and drug testing policy applies to all District
employees holding a commercial driver's license (CDL) and who operate a commercial
motor vehicle(CMV)as defined below.
This policy applies to full time,regularly employed drivers;casual,intermittent or occasional
drivers;leased drivers and independent,owner-operator contractors who are either directly
employed by or under lease to the District or who operate a CMV at the direction of or with
the consent of the District. For the purposes of pre-employment/pre-duty testing only, the
term driver includes a person applying to the District for a position that entails the driving
of a CMV for the District.
4.12.90.3 Prohibited conduct Alcohol-No driver shall:
a) Report for duty or remain on duty requiring the performance of safety-sensitive
functions while under the influence of alcohol(e.g., having an alcohol concentration
of 0.04 or greater).
b) Be on duty or operate a CMV while he or she possesses alcohol.
c) Use alcohol while performing safety-sensitive functions.
d) Perform safety-sensitive functions within 4 hours after using alcohol.
e) After being required to take a post-accident alcohol test, the driver may not use
alcohol for 8 hours following the accident,or until he/she undergoes a post-accident
alcohol test,whichever occurs first.
Drugs:no driver shall report for duty or remain on duty requiring the performance of safety-
sensitive functions when the driver uses any drug, except when the use is pursuant to the
instructions of a physician who has advised the driver that the substance does not
adversely affect the driver's ability to safely operate a CMV.
The following drugs or other substances are prohibited under this policy:Any drug or other
substance identified in this chapter(Effects of Drugs and Alcohol);an amphetamine 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.
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No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the Formatted:Font:Bold
driver tests positive for controlled substances. Formatted:Centered
The Federal Department of Transportation (DOT) requires that the District implement an
alcohol and drug testing program which complies with the applicable DOT rules under 49
Code of Federal Regulations Part 40.
Consent to alcohol and-or drug test:no CMV driver shall refuse to submit to a post-accident
test, a random test, a reasonable suspicion test, return-to-duty test or a follow-up test as
required by DOT regulations.
4.12.090.4 Definitions
4.12.090.4(A)Accident is an incident involving a commercial motor vehicle if the incident
involved the loss of human life; or the driver receives a citation arising from the incident
and an individual suffers a bodily injury and immediately receives medical treatment away
from the scene (e.g. taken to the hospital by ambulance), or a vehicle is required to be
towed from the scene.
4.12.090.4(B)Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol or other
low molecular weight alcohol's including methyl and isopropyl alcohol.
4.12.090.4(C) Alcohol use is the consumption of any beverage, mixture, or preparation,
including any medication (prescribed or over-the-counter, intentional or unintentional),
containing alcohol.
4.12.090.4(D)Breath alcohol technician(BAT)is an individual who instructs and assists
individuals in the alcohol testing process and operates an evidential breath testing device
(EBT).
4.12.090.4(E) Commercial motor vehicle is a motor vehicle or combination of motor
vehicles used in commerce to transport passengers or property if the motor vehicle:
a) Has a gross combined weight of 26,001 or more pounds inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000 pounds.
b) Has a gross vehicle weight rating of 26,001 or more pounds.
c) Is designed to transport 16 or more passengers, including the driver; or
d) Is of any size and is used in the transportation of hazardous materials requiring
placards.
4.12.090.4(F) Confirmation test, for alcohol testing, is a second test that provides
quantitative data of alcohol concentration following a screening test with a result of 0.02
grams or greater of alcohol per 210 liters of breath. For controlled substances testing, it is
a second analytical procedure to identify the presence of a specific drug or metabolite
which is independent of the screen test and which uses a different technique and chemical
principal from that of the screen test in order to ensure reliability and accuracy.
4.12.090.4(G)Controlled Substance,for the purpose of this policy is marijuana, cocaine,
amphetamines, opiates, or phencyclidine (PCP).
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4.12.090.4(H) Covered employee is an employee subject to the requirements of Formatted:Centered
applicable Federal law, and this policy.
4.12.090.4(1) Driver is any person who operates a commercial motor vehicle, This
includes, but is not limited to: full time, regularly employed drivers; casual, intermittent or
occasional drivers; leased drivers and independent, owner-operator contractors who are
either directly employed by or under lease to the District or who operate a CMV at the
direction of or with the consent of the District. For the purposes of pre-employment testing,
the term driver includes a person applying to drive a CMV for the District.
4.12.090.4(J) Employer is the District.
4.12.090.4(K) Evidential breath testing device (EBT) is a device approved by the
National Highway Traffic Safety Administration (NHTSA)for the evidential testing of breath
and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement
Devices"(CPL).
4.12.090.4(L) Medical review officer (MRO) is a licensed physician (medical doctor or
doctor of osteopathy) responsible for receiving laboratory results generated by an
employer's drug testing program and who has knowledge of substance abuse disorders
and has appropriate medical training to interpret and evaluate an individual's confirmed
positive test result together with his or her medical history and any other relevant
biomedical information.
4.12.090.4(M) On-duty time, as that phrase is defined by Federal regulations and this
policy, means all of the time beginning at the point a covered employee begins to work,
and/or is required to be in readiness to work, until the time he or she is relieved from work
and all responsibility for performing work.
4.12.090.4(N) Performing (a safety-sensitive function) is any period in which the driver
is actually performing, ready to perform, or immediately able to perform any safety-
sensitive functions.
4.12.090.4(0) Refusal to submit (to an alcohol or controlled substance test) is when a
driver:
a) Fails to provide adequate breath for alcohol testing, without a valid medical
explanation,after he or she has received notice of the requirement for breath testing
in accordance with this policy;
b) Fails to provide adequate urine sample for controlled substances testing, without a
genuine inability to provide a specimen (as determined by a medical evaluation),
after he or she has received notice of the requirement for urine testing in accordance
with the provisions of this policy; or
c) Engages in conduct that clearly obstructs the testing process.
4.12.090.4(P)Safety-sensitive function,for purposes of this policy,shall mean any of the
functions defined in Title 49 of the Code of Federal Regulations. More specifically, safety-
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sensitive functions include all functions performed by a covered employee during on-duty 1 Formatted:Font:Bold
time and Include: Formatted:Centered
a) All time at the District or work site, unless the driver has been relieved from duty by
the District.
b) All time inspecting equipment or otherwise servicing or conditioning any CMV at any
time.
c) All driving time.
d) All time, other than driving time, in or upon any CMV.
e) All time loading or unloading a CMV, supervising or assisting in the loading or
unloading, attending a CMV being loaded or unloaded, remaining in readiness to
operate the CMV, or in giving or receiving receipts for shipments loaded or
unloaded.
f) All time repairing, obtaining assistance,or remaining in attendance upon a disabled
CMV.
4.12.090.4(Q) Screening test (a.k.a. initial test) in alcohol testing is an analytical
procedure to determine whether a driver may have a prohibited concentration of alcohol in
his or her system. In controlled substance testing, it is an immunoassay screen to eliminate
negative urine specimens from further consideration.
4.12.090.4(R) Substance abuse professional is a licensed physician (medical doctor or
doctor of osteopathy), or a licensed or certified psychologist, social worker, employee
assistance professional, or addiction counselor (certified by the National Association of
Alcoholism and Drug Abuse Counselors Certification Commission)with clinical experience
in the diagnosis and treatment of alcohol and controlled substances-related disorders.
4.12.090.5 Violation of the Policy Immediate Consequences of Violating this Policy
A driver who violates this policy shall not perform, and will not be permitted to perform, a
safety-sensitive function for the District.A driver removed from performing safety-sensitive
functions because of a rule violation occurring in a 26,001 pound or greater vehicle in
interstate or intrastate commerce,also is prohibited from driving a 10,001 pound or greater
vehicle in interstate commerce.
The driver violating this policy must be advised by the District of the resources available in
evaluating and resolving the problem. This must include the names, addresses, and
telephone numbers of substance abuse professionals and counseling and treatment
programs. The District is not required to provide referral, evaluation, and treatment for
applicants who refuse to submit to or fail a pre-employment test.
The driver violating this policy must be evaluated by a substance abuse professional(SAP)
who shall determine what assistance, if any, the employee needs in resolving problems
associated with alcohol misuse and drug use. The SAP who determines that a driver needs
assistance shall not refer the driver to his/her private practice or any organization in which
the SAP has a financial interest for assistance.
The driver may be subject to disciplinary action under the terms of the District's disciplinary
procedure. An employee who tests positive for alcohol or drugs for the first time must
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comply with the administrative requirements of rehabilitation, but will not be disciplined Formatted:Font:Bold
solely on the basis of the positive test result.Absent extenuating circumstances, a second Formatted:centered
positive result within a five-year period will be grounds for disciplinary action, up to and
including termination.
4.12.090.6 Out of Service Order Any driver who is found to be in violation of this policy
shall be placed out-of-service immediately for a period of at least 24 hours.
Out-of-service means that the employee shall not perform,and not be permitted to perform,
a safety-sensitive function.
The out-of-service period will commence upon issuance of an out-of-service order.
No driver shall violate the terms of an out-of-service order issued under this section.
Condition of Returning to Work after a Violation of this Policy-Before returning to duty,the
driver must undergo a Return-To-Duty Test as set forth in this policy.
4.12.090.7 Testing Circumstances
4.12.090.7(A)Pre-Employment/Pre-Duty Testing-This type of testing applies to:
a) All applicants for a District position requiring a CDL driver's license to operate a
CMV, who have not been part of a drug program that complies with the Federal
Highway Administration (FHWA)regulations for the previous 30 days; and
b) District employees who usually drive vehicles for which a CDL is not required to
operate, but then is required to obtain a CDL and drive CMVs for the District.
4.12.090.7(B) Exceptions - A pre-employment drug test is not required if the following
conditions are met:
a) The driver participated in a drug testing program meeting the requirements of the
FHWA within the previous 30 days;
b) While participating in the program, the driver either was tested for controlled
substances in the previous 6 months, or participated in a random drug testing
program for the previous 12 months; and
c) No prior employer of the driver has a record of violations of any DOT controlled
substance use rule for the driver in the previous 6 months.
In cases of exceptions,the District must contact the testing program prior to using the driver
and obtain the following information:
a) The name and address of the program, which is generally the driver's prior and/or
current employer.
b) Verification that the driver participates or participated in the program.
c) Verification that the program conforms to the required procedures.
d) Verification that the driver is qualified, including that the driver has not refused to
submit to an alcohol or drug test.
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e) The date the driver was last tested for alcohol and drugs. Formatted:Font:Bold
f) The results of any drug or alcohol test administered in the previous 6 months, and Formatted:centered
any violations of the alcohol misuse or drug rules.
If the District uses a driver more than once a year, but does not employ the driver, it must
assure at least once every 6 months that the driver does participate, or has participated, in
a drug testing program that meets the requirements of these regulations.
4.12.090.7(C) Post-Accident
Testing is required as soon as practicable following an accident involving a CMV of each
surviving driver when either:
a) The accident involved a fatality; or
b) The driver receives a citation under state or local law for a moving traffic violation
arising from the accident and an individual suffers a bodily injury and immediately
receives medical treatment away from the scene; or
c) The driver receives a citation under state or local law for a moving traffic violation
and the CMV is required to be towed from the scene of the accident.
Nothing in the regulations should be construed as to require the delay of necessary medical
attention for injured people following an accident. Also, the driver is not prohibited from
leaving the scene of an accident for a period necessary to obtain assistance in responding
to the accident, or to obtain necessary emergency medical care.
In lieu of administering a post-accident test,the District may substitute a test administered
by on-site police or public safety officials under separate authority. The District may
substitute a blood or breath alcohol test and a urine drug test performed by such local
officials, using procedures required by their jurisdictions. The District may obtain a copy of
the test results pursuant to an employee signing a preauthorized consent form.
4.12.090.7(D) Random Testing
Alcohol Testing Rate: random alcohol testing shall be administered at a minimum annual
rate of 25 percent of the average number of driver positions, or as changed by the FHWA
and published in the Federal Register.
Drug Testing Rate: random drug testing shall be administered at a minimum annual rate of
50 percent of the average number of driver positions, or as changed by the FHWA and
published in the Federal Register.
Appropriate time for random testing:
a) Alcohol testing: A driver shall only be tested while the driver is performing safety-
sensitive functions, immediately prior to performing or immediately after performing
safety-sensitive functions.
b) Drug testing: Drug testing may be performed at any time while the driver is at work
for the District, regardless of whether such duties are safety-sensitive or not.
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4.12.090.7(E)Selection and Notification: Formatted:centered
Selection of drivers shall be made by a scientifically valid method such as a random number
table or a computer-based random number generator that is matched with an identification
number assigned to each driver. Under the selection process, each driver shall have an
equal chance of being tested each time selections are made.
The random tests shall be announced and spread reasonably throughout the year. There
will not be a period of time during which random testing will be"done for the year."
The District shall ensure that drivers selected for random tests proceed immediately to the
testing site upon notification of being selected.
For purposes of employee name selection for drug and alcohol testing, the District shall
use the services of the Sierra DOT Consortium administered by Sinnett Consulting
Services. By participating with the Sierra DOT Consortium, the District will meet the
minimum selection requirements established by the Federal Department of Transportation.
In the event a driver, who is selected for a random test, is on vacation, lay-off, or an
extended medical absence, the District will select another driver for testing. The District
shall document that the driver was ill, injured, laid off, or on vacation and that the driver
was in the random selection pool for that cycle.
4.12.090.7(F) Reasonable Suspicion
Drivers must submit to an alcohol or drug test when the District has reasonable suspicion
to believe that the driver has violated the prohibited conduct as outlined in this policy. A
trained supervisor or the General Manager are required to make the observations
necessary to substantiate a reasonable suspicion and the observations must be further
substantiated by the observations of a second trained supervisor unless extenuating
circumstances apply.
Reasonable suspicion:
a) The District's reasonable suspicion shall be based on specific, contemporaneous,
articulable observations concerning the appearance, behavior, speech, or body
odors of the driver.
b) The reasonable suspicion determination shall be made by a trained supervisor or
the General Manager and substantiated by an opinion from a second trained
supervisor.
c) The mere possession of alcohol does not constitute a need for reasonable suspicion
testing, which must be based on observations concerning the driver's appearance,
behavior, speech, or body odor.
Reasonable suspicion must be determined during, just before, or just after the driver
performs safety-sensitive functions.
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Alcohol Test: If reasonable suspicion is observed but a reasonable suspicion test has not Formatted:Font:Bold
yet been administered, a driver shall not perform safety-sensitive functions until an alcohol Formatted:centered
test is administered and the driver's alcohol concentration measures less than 0.02, or 24
hours have elapsed following the determination of reasonable suspicion.
Drug Test:the documentation of the driver's conduct must be prepared and signed by the
witness within 24 hours of the observed behavior, or before the results of the drug test are
released,whichever is earlier.
4.12.090.7(G) Return-To-Duty Testing
Alcohol Test:after engaging in prohibited conduct regarding alcohol misuse,the driver shall
undergo a return-to-duty alcohol test before performing a safety-sensitive function. The
test result must indicate a breath alcohol concentration of less than 0.02.
Drug Test: after engaging in prohibited conduct regarding drug use, the driver shall
undergo a return-to-duty drug test before performing a safety-sensitive function. The test
result must indicate a verified negative result for drug use.
In the event that a return-to-duty test is required, the driver must also be evaluated by a
SAP and participate in any assistance program prescribed and be subject to unannounced
follow-up alcohol and drug tests administered by the District following the driver's return to
duty.
The number and frequency of the tests are to be determined by the SAP, but must consist
of at least six tests in the first 12 months following the driver's return to duty. Follow-up
testing may be done for up to 60 months.
If the SAP determines that a driver needs assistance with a poly-substance abuse problem,
the SAP may require an alcohol test to be performed along with the required drug tests
after the driver has violated the drug testing prohibition.
The cost of return-to-duty alcohol and drug tests shall be paid directly by the employee
and/or his or her insurance provider.
The cost of the services of the SAP for the initial evaluation and a return-to-duty evaluation
shall be paid by the District.
An employee will be allowed to take accumulated vacation leave and/or personal leave
time while participating in the prescribed treatment, rehabilitation services or assistance
program.
4.12.090.7(H)Follow-up Testing
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If a SAP determines that a driver needs assistance resolving problems associated with Formatted:Font:Bold
alcohol or drug use, the District shall ensure that the driver is subject to unannounced Formatted:Centered
follow-up testing following the driver's return to duty.
The number and frequency of the tests are to be determined by the SAP, but must consist
of at least six tests during the first 12 months following the driver's return to duty. Follow-
up testing may be done for up to 60 months. The SAP can terminate the requirement for
the follow-up testing in excess of the minimum at any time, if the SAP determines that the
testing is no longer necessary.
Follow-up tests need not be confined to the substance involved in the violation. If the SAP
determines that a driver needs assistance with a poly-substance abuse problem, the SAP
may require,for example, alcohol tests to be performed along with the required drug tests
after the driver has violated the drug testing prohibition.
Follow-up testing for alcohol shall only be performed when the driver is performing safety-
sensitive functions, or immediately prior to performing or immediately after performing
safety-sensitive functions.
4.12.090.7(1)Alcohol Testing Procedure
Preparation for Testing
a) The employee is required to show positive identification when arriving at the test
site.
b) The employee may also request the Breath Alcohol Technician (BAT) to show
positive identification.
c) The BAT shall then explain the testing procedure to the employee.
d) The BAT must supervise only one employee's use of the Evidential Breath Testing
device (EBT)at a time.
e) The BAT is not to leave the testing site while the test is in progress.
Administration of the Initial Test
Steps 1 and 2 of the Breath Alcohol Testing Form are to be completed. A refusal by an
employee to sign the certification in Step 2 of the form shall be regarded as a refusal to
take the test.
a) Non-evidential screening devices may be used for the alcohol screening test,
provided they are approved by the National Highway Traffic Safety Administration
(NHTSA).
b) Devices approved by the NHTSA are placed on the "Conforming Products List of
Alcohol Screening Devices."
c) Confirmation tests must be done using an evidential breath testing device.
Depending on whether the result is less than 0.02,or 0.02 or greater,the following shall be
done:
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a) If the result is less than 0.02, the BAT shall date the form and sign the certification Formatted:Font:Bold
in Step 3 of the form. The employee shall sign the certification and fill in the date in Formatted:Centered
Step 4 of the form.
b) If the result is 0.02 or greater, a confirmation test must be performed. If the
confirmation test will be performed by a different BAT, the BAT who conducted the
screening test shall complete and sign the form and log book entry. The BAT is to
give the employee Copy 2 of the form. If the confirmation test will be conducted at
a different site,the employee must not drive there and must be observed by District
personnel en route.
Administration of the Confirmatory Test
Waiting Period:
a) The BAT shall instruct the employee not to eat, drink, put any object or substance
in his or her mouth, and, to the extent possible, not belch during a waiting period
before the confirmation test.
b) This waiting time period begins with the completion of the screening test, and shall
not be less than 15 minutes.
The confirmation test shall be conducted within 30 minutes of the completion of the
screening test.
In the event that the screening and confirmation test results are not identical, the
confirmation test result is deemed to be the final result upon which any action under
operating administration rules shall be based.
Following the completion of the test,the BAT shall date the form and sign the certification
in Step 3 of the form. The employee shall sign the certification and fill in the date in Step
4 of the form.
The BAT shall transmit all results to the District in a confidential manner.
4.12.090.7(J) Drug Test Procedures
i. Urine Specimen Collection
The test shall be conducted at an independent medical facility which complies with the
DOT Guidelines.
The laboratory must be certified by the Department of Health and Human Services
Chain of Custody-The appropriate drug testing form shall be utilized from time of collection
to receipt by the laboratory and that, upon receipt by the laboratory, an appropriate
laboratory chain of custody form(s)account(s)for the sample or sample aliquot within the
laboratory.
ii. Preparation for Testing
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Use of a clean, single use specimen bottle that is securely wrapped until filled with the Formatted:centered
specimen.
Use of a tamper proof seal system designed in a manner that the specimen bottle top can
be sealed against undetected opening and the bottle allowing for identification of the test
subject, either by number or by some other confidential mechanism.
Use of shipping container in which one or more specimens and associated paperwork may
be transferred, and which can be sealed and initialed to prevent undetected tampering.
Written procedures and instructions for collection site person.
Initial Screen - Every specimen is required to undergo an initial screen followed by
confirmation of all positive screen results. The initial screen process must use
immunoassay.
Confirmatory Tests - All specimens identified on the initial screen must be confirmed by
gas chromatography/mass spectrometry (GC/MS) at the cut-off levels shown in the next
table. All confirmations must be quantitative in their analysis, which means that the
specific, scientific level of drug contained in the collected specimen must be known.
iii. Reporting of Test Results
Both positive and negative test results must be reported directly to the District's Medical
Review Officer(MRO)within an average of 5 working days.
a) The MRO must be a licensed physician and possess knowledge of drug abuse
disorders. The MRO,who may be an employee of the District or one contracted to
provide the services required, principally services as an arbiter between the
laboratory and the District.
b) It is the primary responsibility of the MRO to review and interpret positive results
obtained from the laboratory.
The report, as certified by the responsible laboratory individual, shall indicate the drug-
metabolites tested for,whether the results are positive or negative, the specimen number
assigned by the District and the drug testing laboratory identification number.
a) The MRO may require that the laboratory provide quantitation of test results.
b) The laboratory must report as negative all specimens which are negative on the
initial test or confirmed negative by the GC/MS.
c) Only specimens confirmed by GC/MS as positive are reported as positive.
The laboratory may transmit the test results to the MRO by various electronic means such
as facsimile or computer, so long as those methods are designed to maintain
confidentiality.
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The MRO must assess and determine whether alternate medical explanations could Formatted:Font:Bold
account for the positive test results. Formatted:centered
a) To accomplish this task,the MRO may conduct medical interviews of the individual,
review the individual's medical history and review any other relevant bio-medical
factors.
b) Additionally, the MRO must examine all medical records and data made available
by the tested individual, such as evidence of prescribed medications.
c) The MRO must not consider any specimen results that arise from collection or
analysis which do not comport with the FHWA regulations.
The MRO must give the individual testing positive an opportunity to discuss the test results
prior to making a final decision.
After a final decision is made,the MRO shall notify the District.
If, during the course of an interview with an employee who has tested positive, the MRO
learns of a medical condition which could, in the MRO's reasonable medical judgment,
pose a risk to safety, the MRO may, in his or her professional judgment, report that
information to the DOT or to the District.
iv. Positive Test Result
The MRO shall notify each employee who has a confirmed positive test that the employee
has 72 hours in which to request a test of the split specimen.
If the employee makes such a request, the MRO shall direct, in writing, the laboratory to
provide the split specimen to another certified laboratory for analysis.
If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug
metabolite(s) found in the primary specimen, or if the split specimen is unavailable,
inadequate for testing or un-testable,the MRO shall cancel the test and report cancellation
and the reasons for it to the DOT, the District, and the employee. A canceled report is
neither a negative nor a positive test. A sample that has been rejected for testing by a
laboratory is treated the same as a canceled test.
v. Notification of Test Results
If an MRO, after making and documenting all reasonable efforts, is unable to contact a
tested person, the MRO shall contact a designated management official of the District to
arrange for the individual to contact the MRO prior to going on duty. The MRO may verify
a positive test without having communicated with the driver about the results of the test if:
a) The driver expressly declines the opportunity to discuss the results of the test, or
b) Within 5 days after a documented contact by a designated management official of
the District instructing the driver to contact the MRO,the driver has not done so.
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The MRO must report the results to the District using any communication device, which Formatted:Font:Bold
maintains confidentiality, but in all instances, a signed, written notification must be Formatted:centered
forwarded within three business days of completion of the review.
4.12.090.7(K) Confidentiality and Record Keeping
i. Record keeping
The District must maintain records of its alcohol and drug programs.
Records must be kept in a secure location with controlled access. The records may be
included in personnel records that have controlled and secure access only by authorized
personnel.
All records, except those requiring a signature, may be maintained through the use of
computer technology. The District must be able to produce a computer printout of the
required data on demand by the appropriate agency or the employee himself or herself.
The records may be maintained anywhere, but the District must make them available at
the District's principal place of business within two days of a FHWA, or other authorized
agency, request.
The following records must be kept:
a) Records related to the collection process: collection logbooks (if used); documents
related to the random selection process; calibration documentation for EBTs;
documentation of BAT training; documentation of reasoning for reasonable
suspicion testing; documentation of reasoning for post-accident testing, documents
verifying a medical explanation for the inability to provide adequate breath or urine
for testing; and, a consolidated annual calendar year summary.
b) Records related to the driver's test results: District's copy of the alcohol test form,
including results; District's copy of the drug test chain of custody and control form;
documents sent to the District by the MRO; documentation of any driver's refusal to
submit to a required alcohol or drug test; and, documents provided by a driver to
dispute the test results.
c) Records including documentation of any other violations of drug use or alcohol
misuse rules.
d) Records related to evaluations: records pertaining to the SAP's determination of a
driver's need for assistance and records concerning a driver's compliance with
SAP's recommendation.
e) Records related to education and training:materials on drug and alcohol awareness,
including a copy of the District's policy on drug use and alcohol misuse;
documentation of compliance with requirement to provide drivers with educational
material, including driver's signed receipt of materials; documentation of supervisor
training; and, certification that training conducted complies with all DOT
requirements.
f) Records related to drug testing: agreements with collection site facilities,
laboratories, MROs, and consortia; names and positions of officials and their role in
the District's alcohol and controlled substance testing program; monthly statistical
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summaries of urinalysis from certified laboratories; the Memorandum of Formatted:Font:Bold
Understanding with any unions representing District employees; and the District's Formatted:Centered
drug testing policy and procedures.
ii. Retention Period:
a) Five years: alcohol test results indicating a breath alcohol concentration of 0.02 or
greater; verified positive drug test results; refusals to submit to required alcohol or
drug tests;required calibration of EBTs,SAP's evaluation and referrals;and,annual
calendar year summary.
b) Two years: records related to the collection process and training.
c) One year:negative and canceled drug test results;and alcohol test results indicating
a breath alcohol concentration less than 0.02.
iii. Confidentiality and Access to Records
Generally,the District shall maintain records under this policy with as much confidentiality
as possible,and not release any driver drug and/or alcohol program information,except as
required by law or authorized by the District policies.
An employee is entitled, upon written request, to any records pertaining to his/her drug or
alcohol tests or other related matters. The records shall be provided promptly.
The District is required to permit access to facilities and records upon request of a DOT or
other regulatory official with proper authority.
The District may disclose driver information to the decision-maker in a lawsuit, grievance,
or other proceeding initiated by or on behalf of the individual resulting from an action taken
under these regulations. This includes worker's compensation and unemployment
compensation proceedings.
Records must also be made available in the following instances:
To a subsequent employer upon receipt of a written request from the driver, and then in
accordance with the terms of the request.
To an identified person as directed by a specific,written consent of the driver.
The release of employee information is allowed in the following instances:
a) An employee shall have access to any of his/her alcohol testing records upon written
request.
b) The District must allow any DOT-authorized agency access to facilities and records
in connection with the District's alcohol misuse prevention program.
c) When requested, the District shall disclose post-accident testing information to the
National Transportation Safety Board as part of an accident investigation.
d) The District shall make records available to a subsequent employer upon receipt of
a written request from the employee.
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e) The District may disclose information to the employee or to the decision-maker in a Formatted:Font:Bold
lawsuit, grievance, or other proceeding initiated by or on behalf of the individual. Formatted:Centered
This may include worker's compensation, unemployment compensation, or other
proceeding relating to a benefit sought by the employee.
f) The District shall release information regarding a covered employee's records as
directed by the specific, written consent of the employee authorizing release of the
information to an identified person.
iv. MRO Record Retention
The MRO shall maintain all dated records and notification for verified positive drug test
results for five years.
The MRO shall maintain all dated records and notifications for negative and canceled drug
test results for one year.
The MRO shall not release the individual drug test results of any driver to any person,
without a specific, written authorization from the tested driver. This does not prohibit the
MRO from releasing the results listed above to the District or regulatory officials with the
proper authority.
Annual Calendar Year Summary-Only if notified by FHWA, or upon request of an official
with proper authority, is the District required to prepare and maintain an annual calendar
year summary of its alcohol and drug testing program.
Retention of Records - This section explains how long controlled substance and alcohol
test records must be maintained,which records must be maintained, and where.
Required Period of Retention
Documents to Be Maintained
Five Years:
Alcohol test results indicating a breath alcohol concentration of 0.02 or greater
Verified positive controlled substance test results
Refusals to submit to required alcohol or controlled substance tests
Required calibration of Evidential Breath Testing Devices(EBT's)
Substance Abuse Professional's(SAP's)evaluations and referrals
Annual calendar year summary
Two Years:
Records related to the collection process(except calibration)and required training
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Negative and canceled controlled substance test results
Alcohol test results indicating a breath alcohol concentration less than 0.02
Types of Records required to be maintained:
Records related to the collection process:
a) Collection logbooks(if used)
b) Documents related to the random selection process
c) Calibration documentation for EBT's
d) Documentation of Breath Alcohol Technician (BAT)training
e) Documentation of reasoning for reasonable suspicion testing
f) Documentation of reasoning for post-accident testing
g) Documents verifying a medical explanation for the inability to provide adequate
breath or urine for testing
h) Consolidated annual calendar year summaries
Records related to the driver's test results:
a) The District's copy of the alcohol test form, including results
b) The District's copy of the drug test chain of custody and control form
c) Documents sent to the District by the Medical Review Officer
d) Documentation of any driver's refusal to submit to a required alcohol or controlled
substance test
e) Documents provided by a driver to dispute results of test
Documentation of any other violation of controlled substance use or alcohol misuse rules.
Records related to evaluations and training:
a) Records pertaining to substance abuse professional's (SAP's) determination of
driver's need for assistance
b) Records concerning a driver's compliance with SAP's recommendations
Records related to education and training:
a) Materials on drug and alcohol awareness, including a copy of the District's policy on
drug use and alcohol misuse
b) Documentation of compliance with requirement to provide drivers with educational
material, including driver's signed receipt of materials
c) Documentation of supervisor training
d) Certification that training conducted under this rule complies with all requirements
of the rule
Records related to drug testing:
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a) Agreements with collection site facilities, laboratories, MROs, and consortia Formatted:Centered
b) Names and positions of officials and their role in the District's alcohol and controlled
substance testing program
c) Monthly statistical summaries of urinalysis
d) The District's drug testing policy and procedures
V. Location of Records
All required records shall be maintained in a secure location with limited access as selected
by the District. Records shall be made available for inspection at the District's principal
place of business within two business days after a request has been made by an authorized
representative of the Federal Highway Administration or other authorized agency.
For example: Specific records may be maintained on computer or at a regional or terminal
office, provided the records can be made available upon request from FHWA within two
working days.
vi. Effects of Drugs and Alcohol
Marijuana-Marijuana is the common term used to describe the cannabis plant. Marijuana
(also called pot, grass or dope) is usually smoked. Marijuana is both a narcotic and a
hallucinogen. It produces increased heart rates, blood pressure, blood shot eyes, dilated
pupils and dry mouth. Marijuana impairs the short term memory and the sense of time. It
can reduce motor skills, coordination, reaction time and concentration.
Cocaine:Cocaine is a stimulant and can be taken through the nose in powder form,injected
as a liquid or smoked. Cocaine is also found in a crystal form known as crack cocaine.
Both cocaine and crack cocaine are addictive narcotics which can also produce
hallucinogenic effects with long-term use. It causes increased heart rates, blood pressure,
respiration, dilation of the pupils, and result in anxiety, restlessness, irritability and sleep-
lessness.
Opiates: - Opiates include narcotics such as opium, heroin, morphine and codeine. They
appear as solids, pastes, powders, liquids, and can be smoked, ingested, or injected.
Opiates are depressants and relaxants. Opiate users can become lethargic, becoming
drowsy or going to sleep. Opiates are highly addictive and dangerous drugs. Some
physical signs can be runny eyes and noses, nausea, and fainting.
Phencyclidine - Often called PCP or "angel dust" is a hallucinogenic. It is synthetically
made and comes as a powder, tablet or capsule that can be ingested or smoked. The
effects of the use of PCP include increased heart rates, blood pressure, dizziness,
numbness, and disorientation, slows reflex and body movements, and can impair vision
and speech.
Amphetamines-Also known as methamphetamines are stimulants which can be ingested
as tablets or capsules.They are also found in powder form that can be sniffed or injected
as a mixed liquid. Some signs are elevated heart rates, blood pressure, respiratory rates,
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dilated pupils, sweating (with pungent odor), sleeplessness, mood swings, talkativeness Formatted:Font:Bold
and anxiety. Formatted:Centered
Metabolites from drug use can be found in urine for varying lengths of time after being
used. Generally speaking, except for marijuana, which collects in fatty tissues, the above
drugs stay in the body up to approximately one week.
Alcohol - Alcohol is a central nervous system depressant. Taken in large quantities it
causes not only the euphoria associated with "being drunk" but also adversely affects the
employee's judgment, his or her ability to think, and his or her motor functions.
Long term overuse of alcohol can cause liver damage,heart problems,sexual dysfunction,
and other serious medical problems. In some cases, alcohol use can lead to physical and
psychological dependence on alcohol. Alcoholism is a serious chronic disease. Left
untreated it will inevitably get worse.
Resolution 2008—04,Adopting Amendments to the District Code Title 4, approved on
May 7, 2008, replaces all contents of existing Title 4, and supersedes the following:
Resolutions: 77-21, 82-22, 83-42, 88-10, 90-14, 91-14, 93-15, 94-36, 04-15, 05-27,
07-10, and 07-23.
Minute Orders: 88-187, 88-199, 89-45, 91-35, 93-31, 94-74, 96-10, 97-119, 06-100,
07-04, 07-106, 07-147, and 07-148.
Ordinance: 02-05.
Revisions:
Res 2009-13(5/06/09)
Res 2009-36(12/02/09)
Res 2008-04, (5/7/08)
Res. 2009-36 (1242409)
Res. 2010-09 (6/2/10)
Res. 2014-07 (5/21/14)
Res 2020-09(3418420)
Res 2024-01 (2/7/24)
Formatted:Left,Tab stops:Not at 0"+ 0.5"+ 1"+ 1.5"
+ 2"+ 2.5"+ 3"+ 3.5"+ 4"+ 4.5"+ 5"+ 5.5"+ 6"
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