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HomeMy WebLinkAboutRES 1978-63 - Board r • RESOLUTION NO. 7863 of TRUCKEE DONNER PUBLIC UTILITY DISTRICT ESTABLISHING AN INTERIM PROCEDURE FOR THE TERMINATION 0'J.- EMPLOYEES WHEREAS, Section 16194 of the California Public Utilities Code requires the District -to make rules effecting a civil service system; and WHEREAS , i t is the desire of the Board of Directors to enact these rules for termination as an interim procedure pending the development of a complete civil service system. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows : 1 . As stated in the current "Memorandum of Understanding," also known as Resolution, 7624, the reasons for termina- tion shall include, but not be limited to, the following: a) Failure to perform work in an efficient, workmanlike manner. b) Insubordination. c) Absence without authorization or Just cause. d) Failure to cooperate willingly and cheer- fully with supervisors and/or fellow em- ployees during the conduct of District operations. e) Insobriety on the job, f) Dishonesty. 2.. The Manager may terminate an employee for one or more of the cuases specified in this Resolution, provided that the employee has had adequate warning, counseling, and a probationary period to improve performance. Such warning, counseling and probationary period shall be appropriate to the cause. and shall be waived if a vio- 1 a of the Criminal Codes of California or the States is the cause for termination. The em- . oyee -�shal l be notified of the removal action in M . wr r t r ng. The notice shall be served upon the employee either personally or by mail and shall include: (a) a statement of the nature of the removal action; (b) the 4 effect-.i ve date of the action; (c) a statement of the causes therefore; (d) a statement in ordinary and con- cise language of the acts or omissions upon which the causes are based; (e) a statement advising the employee of his or her right to answer the notice and the time within which that must be done; (f) the date, time and location of the hearing-, and (g) the name of the pro- posed hearing officer. 3. The District may order the employee on leave of absence with pay until the final determination by the hearing officer. The leave may be earlier terminated by giving forty-eight (48) hours notice in writing to the employee to return to work. 1{. The employee may make or file with the Board an oral or wr i t ten answer to the notice no later than fifteen (15) calendar days after service of the notice of termination. With the consent of the Board, or its authorized repre- sentative, an amended answer may subsequently be filed Resolution 7863 Pg, l or made. If the employee fails to answer within the time specified or after answering withdraws thdraws h i s or her answer, the d i sc i p l i nary action taken by the hearing . off i cer steal 1 be f inal . 5. The hearing date s pec i f i ed in Section 2 herein s ha l 1 be no earl i er than twenty-one (21) days nor later than forty-f i ve (45) days f rom the da to of sery i ce. # t is understood that the employee may have one (1) ten (10) day extension so long as the extended period does not exceed the specified forty--five (45) days. 6. Hearings shall be held before an independent hearing officer appointed by the District for this purpose. Said hearing officer shal 1 be a member in good stand- ing of the American Arbitration Association and shall not be, nor have ever been, a resident of the District or involved with the D s c t r i c t in any way. The District sha 1 1 select the hearing off i ce r from a l i s t of f i pie nominees made by the Am(�r i can Arbitration Association, The employee or the employee's representative shall have a maximum of two peremptory challenges. The Dis- trict and the employee shall have the right of subpoena for this hearing. The hear i ng off i cer shal 1 prepare a wr ti t ten decision_, .wb i ch decision sha l 1 be f i na l . The decision shall. contain findings of fact and the puni- tive ac t i or ;. if any. Copies of the decision shall be del i vere& to the parties personal ly or by mail 1 . The hear g o f f i cer shall make every reasonable effort to resider a prompt dec i s ion. 7. The hearing shall be conducted as follows: a) Oral evidence sha l 1 be taken only on oath or affirmation. b) Each party sha 1 i have these rights: (1) to be rep esented by an attorney or personal repre- t t i ve of their choice; (2) to call and ex.- • ni c ne witnesses; (3) to 'introduce exhibits; (4) to c ros-s-'exam i ne opposing witnesses on any matter.. relevant to the issues even though that • matter was not covered in the direct exam i na- * t i on; (5) to impeach any witness regardless of a. which party first called him to testify; and (6) to rebut the evidence against him. c) The hear i ng of f i cer sha 1 1 es tab l i sh ru 1 es of procedure and rules of evidence which protect the rights of both parties. He shall inform both parties of such rules prior to the hear- ing, ng. d) A Court Reporter shall be hired by the District to make a record of the proceeding, 8. The hearing may be conducted in the absence of the employee and the action shall be final . The employee's attorney or legal representative may proceed in his or her absence. 9. The employee shall have the right to request a closed hearing* 10. This Resolution applies to all District employees except the General Manager, District Clerk, District Accountant , District Engineer, and District Treasurer. 1 l . This Resolution shall remain in effect until amended by the Board of Directors or until a Civil Service System is adopted. which includes provisions for the termination of classified employees. Resolution 7863 pg. 2 .. r 1 I • PASSED AND ADOPTED by the Board of D f rectors of the Truckee Donner Public Uti 1 ity District at a meeting held within said District on the 1 th day y of December 1978, by the following roll call vote: AYES : Llber Kuttel Sutton . NOES: None- ABSENT: Hatch Maass TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J es A. Maass, President 6< ATTESTit Ilk I A. Milton Seymour-, ,C'l e r k thereof 1 Resolution 7863 Pg, 3 ..