HomeMy WebLinkAboutRES 1990-14 - Board RESOLUTION NO. 9014
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
ESTABLISHING A POLICY WITH RESPECT TO
EMPLOYMENT OF SPOUSES OR PERSONS LIVING TOGETHER
AS HUSBAND AND WIFE
WHEREAS, the District has no comprehensive policy governing the
hiring or continued employment of spouses or persons living
together as husband and wife; and
WHEREAS, the employment of spouses or persons living together as
husband and wife can, in certain circumstances, be detrimental to
the best interests of the District;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Truckee Donner Public Utility District as follows:
1. The District finds that the employment of spouses or
persons living together as husband and wife can, in
certain circumstances, create conflicts of interest,
r^ create hazards, compromise supervision, safety and
security, harm employee morale or cause employee
dissension, or create the potential for claims of sexual
harassment, and may therefore be detrimental to the best
interests of the District.
2. The District finds that because of the small size of the
District work force, the extent of personal interaction
between the District General Manager and all employees,
and the fact that the District General Manager is
involved in all or nearly all disciplinary actions taken
against District employees, the District General Manager,
and any assistant or acting General Manager, supervises
or otherwise evaluates the performance of all District
employees, for purposes of the policy adopted herein.
3 . The District hereby adopts the following policy, as an
amendment to the District Disciplinary Procedure:
a) It is the policy of the District to regulate, and
where appropriate, restrict and/or prohibit, the
employment of spouses, or persons living together as
husband and wife, in the following situations:
1) When such persons are employed in the same
department;
2) When, regardless of departmental
affiliation, the physical proximity of such
persons during the workday is significant;
3) When, regardless of departmental
affiliation or physical proximity, the
interrelationship of job responsibilities of
such persons requires that they interact to a
significant degree;
4) When one of such person supervises or
otherwise evaluates the performance of the
other. For purposes of this subparagraph, the
General Manager and the assistant or acting
General Manager, if any, are deemed to
supervise or otherwise evaluate the
performance of all employees of the District.
5) In any other situation where the
employment of spouses, or persons living
together as husband and wife, might tend to
create conflicts of interest, create hazards,
compromise supervision, safety or security,
harm employee morale or cause employee
dissension, or create the potential for claims
of sexual harassment.
b) When the General Manager, or the assistant or acting
General Manager, if any, becomes or may become subject to
this policy, the Board of Directors shall be the
"reviewing authority. " When any other District employee
becomes or may become subject to this policy, the General
Manger, or in his or her absence, the assistant or acting
General Manager, shall be the "reviewing authority. "
c) The following procedure shall be applicable to the
employment of spouses;
1) When a spouse of an existing employee
applies for employment, or if co-employees
marry, the reviewing authority shall conduct
an analysis to determine whether the hiring of
the applicant, or the employment of spouses,
constitutes one of the situations described
above in paragraph (a) to which this policy
applies.
2) If the reviewing authority determines that
this policy applies, the reviewing authority
/^ shall then conduct a further analysis to
determine whether given the particular persons
involved, their departments, their physical
proximity, the interrelationship of their job
responsibilities, their supervisorial
relationship, and any other relevant factors,
potential conflicts of interest or other
hazards, greater for married persons than
other persons, will arise or have arisen,
which have or will tend to compromise proper
supervision, security or employee morale.
3) If as a result of such analysis the
reviewing authority determines that such
potential conflicts of interest or other
hazards, as described above in subparagraph
c(2) , will arise or have arisen, then the
reviewing authority shall attempt to
reasonable accommodate the individuals by
considering whether by assigning job duties,
changing departmental affiliation, or other
methods, problems of supervision, security or
morale can be reduced to an acceptable level
without harming the efficiency and operation
of the District.
4) If such re-assignment of job duties,
changing of departments, or other methods are
feasible and reasonable, then it shall be
accomplished.
5) If such re-assignment of job duties,
departmental change, or other methods are not
feasible or reasonable, or if it is attempted
but fails to rectify the situation while
maintaining the efficiency and operation of
the District, then the reviewing authority may
decline to hire, or may terminate, one of the
spouses employed by the District.
Alternatively, in its sole discretion, the
reviewing authority may offer the employed
spouses the option of selecting which spouse
shall resign from employment.
6) In any event, prior to termination or
suggesting resignation, the reviewing
authority shall comply with the notice
requirements and all other requirements of the
District's Disciplinary Procedure, if
applicable, and any collective bargaining
agreement, if applicable.
r"''
7) The analysis to be prepared by the
reviewing authority, and all conclusions
resulting therefrom, shall be in writing.
d) The following procedure shall be applicable with
respect to the employment of unmarried persons living
together as husband and wife:
1) When a person who is living with an
existing District employee as husband and wife
applies for employment, or if co-employees
begin living together as husband and wife, the
reviewing authority shall conduct an analysis
to determine whether the hiring of the
applicant, or the continued employment of both
employees constitutes one of the situations
described above in paragraph (a) to which this
policy applies.
2) If the reviewing authority determines that
this policy applies, the reviewing authority
shall then conduct a further analysis to
determine whether given the particular persons
involved, their departments, their physical
proximity, the interrelationship of their job
responsibilities, their supervisorial
relationship, and any other relevant factors,
potential conflicts of interest or other
hazards, will arise or have arisen, which have
or will tend to compromise proper supervision,
safety or security, cause favoritism, harm
employee morale or cause employee dissension,
or create the potential for claims of sexual
harassment.
3) If as a result of such analysis the
reviewing authority determines that such
potential conflicts of interest or other
hazards, as described above in subparagraph
(d) (2) , will arise or have arisen, then the
reviewing authority shall consider whether the
hiring of the applicant, or the continued
employment of both persons, is likely to be
detrimental to the best interests of the
District, in which case the reviewing
authority may decline to hire, or may
terminate, one of the two persons employed by
the District. Alternatively, in its sole
discretion, the reviewing authority may offer
the two employed persons the option of
.-. selecting which spouse shall resign from
employment.
4) In any event, prior to termination or
suggesting resignation, the reviewing
authority shall comply with the notice
requirements and all other requirements of the
District's Disciplinary Procedure. If
applicable, and any collective bargaining
agreement, if applicable.
5) The analysis to be prepared by the
reviewing authority, and all conclusions
resulting therefrom, shall be in writing.
e) In conducting its analysis, the reviewing authority
shall avoid inquiring into the personal and/or private
lives of the persons in question other than to the extent
necessary to determine whether they are married or living
together as husband and wife.
4) The policy adopted herein shall be effective only as to
District employees who are not members of the bargaining
unit represented by IBEW Local #1245. Therefore, no
bargaining unit employee shall be asked to resign or be
terminated under this policy unless and until the
District has satisfied its obligation to meet and confer
with IBEW Local #1245, after which the policy shall be
re-adopted by the District prior to being applied to any
bargaining unit employees.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner
Public Utility District at a regular meeting which was duly called
and held in said District on the 7th day of May 1990, by the
following roll call vote:
AYES: Aguera, Curran, Sutton and Maass.
NOES: Corbett.
ABSENT: None.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
ByQ e,
J s A. Maass, President
ATTEST:
Sus'Irn M. Craig, Deputy D' trict Clerk
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