07 - Employee Handbook Update
Costa Mesa Sanitary District
&an Independent Special District
Memorandum
To:
Board of Directors
Via:
Scott Carroll, General Manager
From:
Anna Sanchez, Administrative Service Manager
Date:
April 15, 2014
Subject:Employee Handbook
Summary
The District is in the process of compiling information to submit to the Special District
Leadership Foundation in an effort to renew the District’s District of Distinction certification.
A part of the renewal process requires the District submit a copy of Board action as it
pertains to the review of the Employee Handbook.
Staff Recommendation
The Board of Directors forward this item to the Regular Board meeting in April for adoption
via resolution.
Analysis
The existing Employee Handbook was last adopted in June 2012. At the time of adoption,
the Board authorized the General Manager to make any administrativechanges that were
necessary to remain in compliance with current Federal, State, and Local laws. Any
changes to the Employee Handbook that increased levels of compensation or benefits
were required to be presented before the Board for approval and adoption. Since that
time, the Board of Directors has reviewed the Employee Handbook on multiple occasions,
with the last review and approval in September 2013, where the Board reviewed and
adopted a revised Standby Policy.
Since the Board’s initial adoption in June 2012, the following changes have been made to
the Employee Handbook:
Protecting our communitys health and the environment by providi
www.cmsdca.gov
Board of Directors
April 15, 2014
Page 2 of 4
AddedWelding CertificatePremium Pay
-went to the Board for approval April
2013. The District currently compensates field staff personnel for earning their
CWEA (California Water Environment Association) certificates at a rate of 1.5% of
their base pay. The welding certificate premium pay was added to compensate
field staff for earning a welding certificate in order to performing welding services in
the event the District needed them. To date, no one from the field staff hasearned
their certificate for welding.
Revised Nepotism Policy
. This policy was revised in order to more clearly define
the nature of a personal relationship and what are appropriate and non-appropriate
work relationships. The intent of the revised policy is the District may avoid
favoritism, the appearance of favoritism, conflicts in loyalty, discrimination, the
appearance of impropriety, and/or conflicts of interest in employment decisions.
Added Deferred Compensation/ 457(b) Plan Loan Program-
went to the Board
for approval April 2013. This program allows eligible plan participants the ability to
borrow funds from their plan account balance. The program allows participants the
ability to accesstheir supplemental retirementfunds that are not otherwise
available.
Revised Drug andAlcoholAbuse and Contraband
policyforDepartment Of
Transportation compliance.The purpose of this policy is to outline the goals and
objectives of the District’s drug and alcohol testing program and provide guidance
to supervisors and employees concerning their responsibilities for carrying out the
program.The District further expresses its intent through this policy to comply with
federal and state rules, regulations or laws that relate to the maintenance of a
workplace free from illegal drugs and alcohol.
Redefined Exempt Employee
. In an effort to further define and clarify the
definition of an Exempt Employee under the public employer standard. The public
employer standard for the Fair Labor Standards Actrequires public employers to
develop and maintain a policy for partial-day absences.This is required in order to
ensure partial day deductions are applied consistently throughout the organization
because public employers are responsible to the public for their decisions and
actions.
Clarified and inserted section: Use of Executive Leave
. In an effort to further
define and clarify the use of Executive Leave for partial day absences by an
Exempt employee. An Exempt employee may occasionallyalter their regularly
assigned work schedule during a given work week asnecessary and as authorized
by the General Manager. Any alterations that result in an absence from work for
more than two (2) hours in a regularly scheduled work day shall require the
employee to use accrued executive leave, vacation, or sick leave during the
absence.
Board of Directors
April 15, 2014
Page 3 of 4
Clarified and inserted section: Unscheduled Leave
. In an effort to further define
and clarify Unscheduled Leave. Unscheduled Leave means an absence from work
which is not requested and approved in advance. Upon the employee’s return from
unscheduled leave, the supervisor will approve the use of appropriate paid leave
only after having ascertained that the absence was for an authorized reason.
However, the leave time will be classified and documented as unscheduled leave.
Revised Standby Policy-
went to the Board for approval in September 2013. This
policy revision changed the standby schedule rotation so there is a more equitable
distribution of work among the field staff. The revised Standby Schedule reflects a
7-day rotating schedule.
Clarified and inserted section: Special Merit Adjustment
. In an effort to further
define and clarify a Special Merit Adjustment. Upon the recommendation of the
Supervisor, the General Manager may authorize the advancement of an employee
to a higher step of the salary range earlier than would normally be attained if
exceptional performance warrants advancement. This special merit increase shall
be approved by the General Manager. No salary advancement shall be made
which will exceed the maximum rate established for the classification. The General
Manager is responsible for final approvals for all District merit increases.
As part of the submittal package to the Special District Leadership Foundation, the District
is required to submit District Board action on the Employee Handbook in its entirety, within
the last year. At the time of adoption, the Board elected to have matters of significant
changes that impact compensation and benefits to be the only items brought before the
Board for consideration. As such, staff believed it would be necessary to bring the
updated Handbook, in its entirety, before the Board for review prior to submitting the
District of Distinction application.
Strategic Plan Element & Goal
This item complies withthe objective and strategy of Strategic Element 5.0, Administrative
Management, which states:
“Objective:To create, maintain and implement policies and procedures to ensure
sound management of the District.”
“Strategy:We will conduct periodic reviews, refine and implement policies and
procedures, and assure the General Manager has the direction and tools necessary for
successful District operations.”
Legal Review
The Employee Handbook was developed in partnership with Liebert Cassidy Whitmore,
the law firm the District currently seeks advisement from for personnel related matters. All
Board of Directors
April 15, 2014
Page 4 of 4
updates and revisions to the Employee Handbook have also been reviewed by Liebert
Cassidy Whitmore prior to incorporation into the manual. Liebert Cassidy Whitmore is a
leading law firm with offices based in southern California that specializes in public sector
employment law.
Environmental Review
Updating the Employee Handbookis exempt from the requirements of the California
Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.).
Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list
those specific activities which fall within each of the exempt classes”, and the District has
adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects”
does not include …. C. Continuing administrative or maintenance activities.”
Financial Review
Not applicable
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
April 15, 2014Board of Directors study sessionat District Headquarters and on District's
website.
Alternative Actions
1.Refer the matter back to staff.
AttachmentA:Employee Handbook
COSTA MESA SANITARY DISTRICT
EMPLOYEE HANDBOOK
2013
Revised March 2014
COSTA MESA SANITARY DISTRICT
EMPLOYEE HANDBOOK
TABLE OF CONTENTS
RULE 1GENERAL PROVISIONS
..........................................................................1
1.1Authority.....................................................................................................1
1.2Purpose.....................................................................................................1
1.3Application.................................................................................................1
1.4Scope........................................................................................................1
1.5Severability................................................................................................1
1.6Appointing Authority...................................................................................1
1.7Dress Code................................................................................................2
RULE 2DEFINITION OF TERMS...........................................................................
4
2.1Terms........................................................................................................4
RULE 3POSITION CLASSIFICATION...................................................................
8
3.1Purpose.....................................................................................................8
3.2Classification of Positions..........................................................................8
3.3Preparations and Content of Class Specifications.....................................8
3.4Interpretation of Class Specifications........................................................9
3.5Amendment...............................................................................................9
3.6Allocation of Positions................................................................................9
3.7New Positions............................................................................................9
3.8Reclassification..........................................................................................9
RULE 4COMPENSATION & BENEFITS...............................................................
9
4.1Purpose.....................................................................................................9
4.2Preparation of Plan....................................................................................9
4.3Administration of Plan................................................................................9
4.3.1Rates of Pay..............................................................................................9
4.3.2Entrance Salary.......................................................................................10
4.3.3Merit Salary Adjustments.........................................................................10
4.3.4Movement To A Higher Classification......................................................10
4.3.5Movement To A Lower Classification.......................................................10
4.3.6Transfer...................................................................................................10
4.3.7Part-Time And Temporary Employees....................................................10
4.3.8Acting Pay................................................................................................11
4.3.9Provisional Employees............................................................................11
4.4Standby Policy.........................................................................................11
4.5Salary Administration...............................................................................13
4.5.1General Policy.........................................................................................14
4.5.2Merit Increases –Part-Time Employees..................................................14
4.5.3Merit Increases –Full-Time Employees...................................................14
4.6Salary Range Adjustments......................................................................15
4.7Partial Pay Period Pay.............................................................................15
4.8Payroll......................................................................................................15
4.8.1Payroll Direct Deposit Program................................................................15
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4.8.2Payroll Withholding Allowance.................................................................16
4.8.3Time Cards, Core Hours and Adjustments..............................................16
4.9Overtime..................................................................................................16
4.9.1Authorization............................................................................................17
4.9.2Eligibility For Overtime.............................................................................17
4.9.3Overtime Compensation..........................................................................17
4.9.4Pre-Approval of Overtime........................................................................17
4.9.5Use of Compensatory Time-Off...............................................................17
4.9.6Compensation For Overtime At Termination...........................................17
4.10Benefits....................................................................................................17
4.10.1Retirement...............................................................................................17
4.10.2Insurance.................................................................................................18
4.10.3Paid Time Off...........................................................................................18
4.10.4Employee Assistance Program (EAP).....................................................27
4.10.5Deferred Compensation/457(b) Plan.......................................................27
4.10.5.1Deferred Compensation/457 (b) Plan Loan Program..............................27
4.11Family Care And Medical Leave..............................................................29
4.12Reasonable Accommodation...................................................................43
4.13Work Hours..............................................................................................44
4.13.1Hours of Work..........................................................................................44
4.13.2Meal And Rest Periods............................................................................44
4.14Leave of Absence With Pay....................................................................44
4.14.1Employee Requested Leave of Absence Without Pay............................44
4.15Tuition Reimbursement Policy.................................................................44
4.16Sewer Crew Employees Maintenance Premium Pay...............................45
RULE 5RECRUITMENT AND SELECTION.........................................................
46
5.1Purpose...................................................................................................46
5.2Nature of Selection Procedures...............................................................46
5.3Selection And Appointment.....................................................................46
5.4Applications And Applicants....................................................................46
5.4.1Announcements.......................................................................................46
5.4.2Application Forms....................................................................................46
5.4.3Disqualification.........................................................................................46
5.4.4Pre-Employment Screening.....................................................................47
5.5Examinations...........................................................................................47
5.5.1Nature And Types Of Examination..........................................................47
5.5.2Open Competitive Examination...............................................................47
5.5.3Promotional Examination.........................................................................48
5.5.4Continuous Examination..........................................................................48
5.5.5Scoring Examinations And Qualifying Scores..........................................48
5.5.6Notification Of Examination Results, Review Of Papers, and Examination
Appeal.....................................................................................................48
5.6Employment Lists....................................................................................48
5.6.1Preparation And Availability.....................................................................48
5.6.2Duration Of Lists......................................................................................48
5.6.3Removal Of Names From List.................................................................49
5.7Methods Of Filling Vacancies..................................................................49
5.7.1Types Of Appointments...........................................................................49
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5.7.2Notice To Personnel Officer.....................................................................48
5.7.3Appointment............................................................................................49
5.7.4Provisional Appointment..........................................................................49
5.8Probationary Period.................................................................................49
5.8.1Objective of Probationary Period.............................................................49
5.8.2Regular Appointment Following Probationary Period..............................50
5.8.3Rejection Of Probationer.........................................................................50
5.9Performance Evaluation..........................................................................50
5.10Salary Ranges.........................................................................................50
RULE 6MEDIAL EXAMINATIONS.......................................................................
50
6.1Medical Examinations Required..............................................................50
6.2Physician.................................................................................................50
6.3Cost Of Exam..........................................................................................50
RULE 7OUTSIDE EMPLOYMENT.......................................................................
51
7.1General Provisions..................................................................................51
RULE 8NEPOTISM..............................................................................................
51
8.1General Provisions..................................................................................51
8.2Definition..................................................................................................51
8.3Personal Relationships in the Workplace................................................52
8.4Employment of Relatives –Elected Officials...........................................52
RULE 9PERSONNEL FILES, REPORTS AND RECORDS.................................52
9.1Official Records.......................................................................................52
9.2Change Of Status Report........................................................................52
9.3Personnel File..........................................................................................52
9.3.1Content Of Personnel Files......................................................................52
9.3.2Access To Personnel Files......................................................................52
9.3.3Notifying District of Changes in Personal Information..............................53
9.3.4Reference Checks...................................................................................53
9.4Performance Evaluations.........................................................................53
RULE 10TRAINING................................................................................................55
10.1General Policy.........................................................................................55
10.2Orientation Of New Employees...............................................................56
10.3Time Of Training Periods.........................................................................56
10.4Types Of Training....................................................................................56
10.4.1In-Service Training...................................................................................56
10.4.2Out-Service Training................................................................................56
10.4.3Required Out-Service Training................................................................56
10.4.4Career-Related Elective Out-Service Training.........................................56
10.5Payment Of Training Expenses...............................................................56
10.5.1Approval Of Supervisor............................................................................56
10.5.2Required Out-Service Training................................................................56
10.5.3Career-Related Out-Service Training......................................................56
10.5.4Uncompleted Assignment........................................................................57
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RULE 11TRANSFER, PROMOTION AND REHIRE..............................................57
11.1Transfer...................................................................................................57
11.2Promotions...............................................................................................57
11.3Rehire......................................................................................................57
RULE 12SEPARATION FROM SERVICE.............................................................58
12.1Discharge.................................................................................................58
12.1.1Discharge Procedure...............................................................................58
12.2Layoff.......................................................................................................58
12.2.1General Policy.........................................................................................60
12.2.2Notice Of Layoff To Employees...............................................................60
12.2.3Removal Of Names From Reinstatement Lists........................................60
12.2.4Employee Rights And Responsibilities....................................................61
12.2.5Appeals....................................................................................................61
12.2.6Resignation..............................................................................................62
RULE 13CONDUCT AND DISCIPLINE.................................................................62
13.1Employee Conduct Generally..................................................................62
13.2Improper Employee Conduct...................................................................62
RULE 14GRIEVANCE PROCEDURE....................................................................64
14.1Purpose...................................................................................................64
14.2Matters Subject To Grievance.................................................................64
14.3Matters Not Subject To Grievance...........................................................64
14.4Grievance Procedure...............................................................................65
14.5Conduct Of Grievance Procedure............................................................65
14.5.1Time Limits..............................................................................................65
14.5.2Freedom From Reprisal...........................................................................65
RULE 15HARASSMENT POLICY.........................................................................65
15.1Purpose...................................................................................................65
15.2Definition..................................................................................................65
15.3Policy.......................................................................................................66
15.4Procedure................................................................................................68
15.5Violation Of Policy....................................................................................70
RULE 16ZERO TOLERANCE INCIVILITY AND BULLYING POLICY..................70
16.1Policy.......................................................................................................70
16.2Incivility....................................................................................................70
16.3Bullying....................................................................................................70
16.4Training....................................................................................................71
RULE 17WORKPLACE VIOLENCE PREVENTION POLICY................................71
17.1Purpose...................................................................................................71
17.2Policy.......................................................................................................71
17.3Definitions................................................................................................72
17.4Prohibited Behavior.................................................................................72
RULE 18DRUG AND ALCOHOL ABUSE AND CONTRABAND POLICY............76
iv
18.1Purpose...................................................................................................76
18.2Policy.......................................................................................................76
18.3Definitions................................................................................................77
18.4Education.................................................................................................85
18.5Prohibited Activities.................................................................................85
18.6Discipline.................................................................................................86
18.7DrugAnd Alcohol Testing Of All Job Applicants......................................86
18.8Drug And Alcohol Testing Of EmployeesBased On
ReasonableBelief...................................................................................87
18.9Appeal of Drug or Alcohol Test Result –Non-Safety Sensitive
Employees ..............................................................................................88
18.10Inspection and Searches.........................................................................88
18.11Substance Abuse Policy for Safety Sensitive Employees.......................88
Appendix A Safety-Sensitive Employee (Function and/or Position)Classifications
For Costa Mesa Sanitary District.............................................................94
RULE 19ELECTRONIC EQUIPMENT USE, SOCIAL MEDIA AND DISTRICT
WEB PAGE98
.............................................................................................
19.1District Computer, Internet Policy And Procedures..................................98
19.2Social Media Use...................................................................................102
19.3District Web Page..................................................................................105
RULE 20CELL PHONE ALLOWANCE POLICY.................................................105
20.1Purpose.................................................................................................105
20.2Overview................................................................................................106
20.3Compliance Procedures........................................................................106
20.4Use of Cell Phone by Non-Exempt Classifications During
Off-Duty Hours.......................................................................................107
RULE 21VEHICLEAND FLEET SAFETY POLICY.............................................107
21.1Vehicle Use Policy.................................................................................107
21.2Fleet Safety Policy.................................................................................108
RULE 22TECHNOLOGY LOAN AND PROCUREMENT CARD..........................114
22.1Technology Loan Program....................................................................114
22.2Procurement Card Program...................................................................117
RULE 23INJURY, ILLNESS, HEAT ILLNESS PREVENTION AND EMPLOYEE
ASSISTANCE PROGRAMS118
..................................................................
23.1Injury & Illness Prevention Program.......................................................118
23.2Reporting On-The-Job Injuries..............................................................124
23.3Heat Illness Prevention Program...........................................................124
23.4Employee Assistance Program..............................................................129
RULE 24TRAVELAND PER DIEM......................................................................130
24.1Travel Reimbursement..........................................................................130
24.2Expense Reimbursement......................................................................136
RULE 25EQUAL EMPLOYMENT OPPORTUNITY.............................................136
v
25.1General Policy.......................................................................................136
RULE 26SERVICE AWARDS..............................................................................137
26.1Purpose.................................................................................................137
vi
RULE 1 –GENERAL PROVISIONS
Section 1.1:AUTHORITY.
The following rules, policies, and procedures are
promulgated under the authority of Title 1of the Operations Code of the Costa Mesa
Sanitary District(“District”). This Employee Handbookshall be adopted and amended
by resolution of the Board of Directors.
Section 1.2:PURPOSE.
The purpose of this Employee Handbook is to establish a
system of personnel administration based on merit principles. These merit principles
include:
A. Recruiting, selecting, and advancing employees on the basis of their
relative ability, knowledge and skills, including open consideration of qualified
applicants for initial appointment.
B. Providing equitable and adequate compensation.
C. Training employees as needed, to assure high quality performance.
D. Retaining employees on the basis of the adequacy of their performance,
correctinginadequate performance and separating employees whose
inadequate performance cannot be corrected.
E. Assuring impartial treatment of applicants and employees in all aspects of
personnel administration without regard to political affiliation, race, religion, color,
sex, age, marital status, sexual orientation, national origin, or handicap and with
proper regard for their privacy and constitutional rights as citizens.
Section 1.3:APPLICATION.
The provisions of these rules, policies and procedures
shall apply to all offices, positions and employments in the services of the District.
Section 1.4:SCOPE.
This chapter is a compilation of rules, policies and procedures
which govern and affect personnel administration for all employees of the District,
pursuant to thepurposes outlined in Section1.2 herein, unless specified otherwise. The
rules, policies,and procedures incorporated herein shall not preclude the development
of internalrules, policies and operating procedures within the organizationnor the
development of personnel or administrative policies and procedures governing the
implementationof these rules, policies, and procedures.
Section 1.5:SEVERABILITY.
If any provision of these rules, policies, and
procedures or the application of such provision to any person or circumstance shall be
held invalid, the remainder of the rules, or the application of such provision to persons
or circumstances other than those as to which it is held invalid, shall not be affected
thereby.
Section 1.6:APPOINTING AUTHORITY.
As used in these Rules, the Appointing
Authority shall be the GeneralManager or his/herdesignee(s).
1
Section 1.7:DRESS CODE.
A.General Policy
The Costa Mesa Sanitary District requires employees to always appear for work
in attire that is “professional” and suitable for the work setting. This may vary slightly
from one area to another depending on the nature of the work, exposure to the general
public, customers, and the environment. Our appearance should always reflect what is
appropriate for our job, work setting, and personal safety.
This policy is intended to describe guidelineson what is considered appropriate
dress for the workplace. These guidelines are not intended to be all-inclusive, but rather
should help set the general parameters for appropriate attire, and allow employees to
use good judgment and common sense about items not specifically addressed.
However, the General Manager will have the discretion to make the final determination
on what constitutes professional and suitable dress for the work setting in a particular
situation.
B.Personal Hygiene, Piercings andTattoos
Personal appearance and hygiene play an important role in projecting a professional
image in the community and to the customers we serve.
Good personal hygiene is required.
Clothing must be clean, pressed, in good condition and fit appropriately.
Footwear must be appropriate for the work environment and functions being
performed.
Jewelry is acceptable except in areas or near equipment where it constitutes
a health or safety hazard.
Hair must be neat, clean and well groomed. If necessary for the functions
being performed, long hair must be secured (tied back to prevent potential for
being caught in equipment).(No artificial hair colors e.g. pink, green, etc. that
would be deemed unprofessional).
Sideburns, mustaches and beards must be maintainedin a neat and well-
groomed fashion.
Clothing must not interfere with the safe operation of equipment.
No objects, articles, jewelry or ornamentation of any kind shall be attached to
or through the skin if visible on any body part including the tongue orany part
of the mouth except that an employee may wear one or two sets of
reasonably-sized earrings in the ear lobes.
Any non-conforming piercing shall be removed, covered with a bandage, or
replaced with a clear, plastic spacer.
Tattoos that are obscene,sexually explicit, discriminatory as to sex, race,
religion or national origin, extremist, gang-related, and/ordiminish the
effectiveness of the employee’s professionalismmust be covered, and not
visible to staff, customers or visitors.
No tattoos are allowed anywhere on the head, face, or neck.
2
Any non-conforming tattoos must be covered with clothing or a bandage
while at work or removed.
If an employee has a question about how the piercing or tattoo policy applies
to them, the matter should be immediately raised with their supervisor for
consideration and determination.
C.Professional Business Office Attire
The intent of professionalbusiness attire is to ensure that personnel are dressed
appropriately to meet with the public at a moment’s notice.While jackets are not
required for women, they do have the effect of creating a professional appearance. For
men, they do not need to be worn the entire day but should be availableto wear to
meetings outside of District offices.Footwear should be selectedaccording to the type
of work performed, keeping safety, comfort, and professional appearance in mind.
Athletic shoes, tennis shoes, and hats are not permitted.
Sample professional business attire for men include:
a business suit with tie
o
dress pants
o
collared button down dress shirt without a tie
o
polo-type shirt
o
dress shirt worn with a tie
o
Appropriate footwear for men includes wing tips, loafers, or rubber
o
sole shoes with socks
Sample professional business attire for women include:
dresses or suits with either skirts or slacks
o
skirt or dress slacks
o
dressy blouse and/or sweater
o
Appropriate footwear for women includes heels, loafers, or rubber
o
sole shoes
D.Field Staff Attire
Employees whose primary District responsibility is in the field, or whose regular
job duties include physical lifting may wear appropriate casual clothing (including jeans)
at all times. District purchased shirts must be worn at all times while on duty.
Additionally, all personal safety equipment must be worn at all times, including steel
toed boots and reflective vests. Hats that are not obscene, sexually explicit,
discriminatory as to sex, race, religion or national origin, extremist, gang-related or that
diminish the effectiveness of the employee’s professionalism may be worn to protect
employees from sun exposure.
E.“Safety” Steel-Toed Boots/Shoes
Guidelines: Steel-toed boots/shoes must meet the requirements of the American
Society for Testing and Materials (ASTM) standards F2412-05 and F2413-05 for
Personal Protection-Protective Footwear. Approved footwear must include toe
protection (steel), impact and compression protection, and a shank/arch support.
3
Cleaning, care, and proper upkeep (polish, oil, laces, etc.) of the safety
boot/shoe shall be the responsibility of the employee.Premature failure of the safety
boot/shoe, requiring repair or replacement, shall be the sole responsibility of the
employee. Failure to purchase appropriate safety footwear, or to wear approved safety
boots/shoes during the work day and keep them free of safety related defects shall
constitute grounds for disciplinary action.
Reimbursement: Each Costa Mesa Sanitary District employee required to wear
“safety” steel-toed boots/shoes, shall receive reimbursement of up to $150.00 every 18
months, when boots are in need ofreplacement. Reimbursement shall only be granted
when the District is provided proof of purchase.
F.Casual Friday
The District recognizes the growing popularity of casual business dress and the
positive effects of this shift to boost employee morale, improve quality, encourage more
open communication and increased productivity, therefore, creating a more comfortable
work environment. Therefore, the District employs a “Casual Friday” policy, wherein our
employees are welcome to wear workplace appropriate jeans (no rips, tears or stains),
and running shoes (no rips, tears or stains).
While Casual Friday allows our employees to dress in a more casual fashion,
employees should take into account the necessity to continually conduct themselvesin
a professional fashion, and dress in such a way that will not create a negative
perception by customers, either internal or external.
RULE 2 –DEFINITION OF TERMS
Section 2.1:TERMS
.Terms used in these rules are defined as follows:
ALLOCATION
means the assignment of an individual position an appropriate
classification on the basis of the type, difficulty and responsibility of the work performed
in the position. As used in this Employee Handbook, employees are appointed to
positions, andpositionsare allocated to classes.
ANNIVERSARY DATE
means the date recurring yearly upon an employee's regular
appointment or date of hire.
APPOINTING AUTHORITY
means the GeneralManager is the appointing authority.
APPOINTMENT
means the employment of a person in a position. Types of
appointment include:
Original Appointment
means the person's first appointment as a District
employee.
Provisional Appointment
means the employment of a person to a vacant
position for no more than a six month period for emergency orin interim conditions. The
4
GeneralManager mayextend a provisional appointment for up to an additional six
month period.
Probationary Appointment
means the probationary employment of a person in
a regular position. A probationaryappointment is fora specified period during which job
performance is evaluatedas the basis for consideration for regular appointment.
Regular Appointment
means the employment of a person in a regular position,
following the successfulcompletion of a probationary period.
Promotional Appointment
means the probationary employment of an employee
in a regular position following apromotion.
Temporary Appointment
means an employee hired into a position of limited
duration or for completion of aspecific task or project without following the rules
regarding recruitment andselection. Temporary employees serve at the pleasure of the
appointingauthority and may be removed at any time without cause, notice or any right
ofappeal. Temporary employees are not eligible for benefitsother than thoserequired
by state or federal law.
CERTIFICATION
means the process whereby the Personnel Manageridentifies for an
Appointing Authority eligible individuals who have successfully completed all qualifying
requirements for appointment and appear on an employment list.
CLASS
means agroup of positions sufficiently similar in duties, responsibilities,
authority and qualifications for employment to permit combining them under a single
title and equitable application of common standards of selection and compensation.
CLASSIFICATION PLAN
means the designation of a title for each class together with
the specification for each class as prepared and maintained by the Personnel Manager.
CLASS SPECIFICATION
means awritten description of a class setting forth factors
andconditions which are essential characteristics of positions in that class.
CONTINUOUS SERVICE
means the employment without break or interruption of an
employee having a probationary or regular appointment.
DATE OF HIRE
means the date of an employee's original appointment to the District.
DISCHARGE
means the involuntary separation of an employee from the service of the
District.
ELIGIBLE APPLICANT
means aperson whose name is on an employment list.
EMPLOYEE
means aperson occupying a position.Types of employee include:
At Will Employee
means an employee serving at the pleasure of the appointing
authority whocan be separated from employment for no cause.
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Provisional Employee
means an employee who has a provisional appointment
to a vacant position pendingthe selection process as provided in Rule 5 for no more
than a six monthperiod or, upon specific action by the GeneralManager, up to a
second six monthperiod for a total provisional appointment of 12 months.
Temporary Employee
means an employee in a position of limited duration.
Probationary Employee
means anemployee who has a probationary
appointment.
Regular Employee
means an employee who has successfully completed the
probation period.
Part-Time Employee
means an employee who works less than full-time on a
daily, weekly, monthly orannual basis.
Full-Time Employee
means an employee who works on a full-time basis on a
daily, weekly, monthly orannual basis, as defined by organizationalworking schedules.
Exempt Employee
means an employee who meets one or more of the duties
test exemptions from overtime under the FLSA (e.g. executive, administrative,
professional, computer employee) and who is paid on a salary basis, meaning that he
or she is compensated in a predetermined amount that is not reduced, regardless of the
quality or quantity of work actually performed, except as required by the District’s
principles of public accountability for partial-day absences. An FLSA-exempt employee
is not subject to the requirementsof the Fair Labor Standards Actand is not entitled to
overtime compensation, and is expected to work the number of hours ncecessary to
meet the standards of job performance.
Non Exempt Employee
means an employee who is paid on an hourly basis and
is subject to all Fair Labor Standards Act.
OPEN EMPLOYMENT LIST
means alist of names of persons who have taken an open
competitive examination fora class and have qualified.
EXAMINATION
means any device or procedure used in the selection process to
measure applicant abilitiesand suitability for a position including, but not limited to, oral
interviews, written tests,performance tests, evaluation of performance during probation,
and an evaluation ofeducation and experience.The types of examination processes
include the following:
Open Competitive Examination
means an examination for a particular class
which is open to all persons meeting theminimum qualifications for the class.
HOURLY RATE
means the amount paid to an employee for each hour worked. The
hourly rate may be anyamount within a specific hourly wage range.
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IMMEDIATE FAMILY
means for the purposes of this Employee Handbook,an
employee's father, mother, wife, husband, brother, sister, daughter, son, grandparents,
grandchildren, brothers and sisters having one parent in common, and those
relationships generally called "step," providing persons in such relationships have lived
or have been raised in the family home and have continued an active family
relationship.
LAYOFF
means the abolishment of a position or positions due to reorganization,
reassignment, lack ofwork to be accomplished, or lack of funds.
LEAVE
means authorized or unauthorized absence from an employee's place of work.
OVERTIME
means time worked in excessof 40 hours in one workweek.
PERSONNEL ACTION
means any action taken with reference to appointment,
compensation, promotion, transfer, layoff, dismissal, discipline, commendations or any
otheraction affecting the status of employment.
PERSONNEL MANAGER
means the position so designated by the General Manager
within the District's classification system.
POSITION
means acombination of current duties and responsibilities requiring the full-
time, part-time ortemporary services of an employee.
PROBATIONARY PERIOD
means atrial period during which an employee is required
to demonstrate his/her fitness for the actual performance of the assigned duties of the
position.
PROMOTION
means the advancement of an employee from a position in oneclass to
a position in another class havinga higher maximum rate of pay.
REASSIGNMENT
means the change of an employee from one class to another class
which is not due to a significant change in kind, difficulty or responsibility of the work
performed in the position.
RECLASSIFICATION
means a change in the classification level of an individual
position by raising the levelto a higher class, reducing it to a lower class, or by moving
it to another class at the same level on the basis of significant changes in kind, difficulty
or responsibility of the work performedin the position.
REDUCTION IN PAY
means asalary decrease within the limits of the pay range
established for a class.
REGULAR POSITION
means afull-time or part-time position authorized and funded in
the District’sbudget.
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RETIREMENTSERVICE
means the voluntary separation of a regular employee from a
regular position afterbecoming eligible for and applying to the Public Employees
Retirement System for retirement benefits.
RETIREMENT DISABILITY
means the separation of an employee due to physical or
mental inability to performthe duties of the position after an employee has become
eligible for benefits under the Public Employees Retirement System.
SALARY RANGE
means the minimum, maximum and intermediate salary rates,or
hourly wage rates which may be paid to an employee within a class.
SEPARATION
means the termination of an employee's employment with the District
because of retirement,resignation, death or dismissal.
SUPERVISOR
means an employee with the responsibility of organizing, directing and
evaluating the work of other employees.
SUSPENSION
means the temporary and involuntary separation for a specified period
of time of an employee from a position for disciplinary purposes.
TIME CARD
means the document accounting an employee's actual work and leave
hours in a payroll or work period.
TRANSFER
means achange of an employee from one position to another position in
the same class or in acomparable class.
VACANCY
means an unoccupied regular position of non-limited duration for which
funds have been authorized by the Board of Directors.
RULE 3 –POSITION CLASSIFICATION
Section 3.1:PURPOSE
.The purpose of the classification plan isto provide a
complete and continuous inventory of all classifications, to provide accurate job
specifications and, to ensure that each position is allocated to the appropriate
classification.
Section 3.2: CLASSIFICATION OF POSITIONS.
All positions in the District are
grouped into classes. Each class includes those positionssufficiently similar in duties
and responsibilities to require similar education, experience,knowledge, skills, abilities,
and personal characteristics.
Section 3.3: PREPARATIONS AND CONTENT OF CLASS SPECIFICATIONS.
The
Personnel Manager is responsible for preparing and maintaining class specifications for
all positions. The specifications include, but are not limited to a list ofexamples of
duties and a statement of qualifications required for appointment.
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Section 3.4: INTERPRETATION OF CLASS SPECIFICATIONS.
All class
specifications describe typical duties that employees occupying positions in theclass
may properly be required to perform. Class specifications are explanatory but not
restrictive. The listing of particular tasks does not preclude the assignment of other
tasks of related kind or character, or requiring lesser skills.
Section 3.5: AMENDMENT.
Notice of consideration of the proposed classification plan
amendments or revisionsshall be provided to appropriate employees at least five
calendar days before change. The General Manager may amend or revise the
classificationplan asnecessary.
Section 3.6: ALLOCATION OF POSITIONS
.The General Manager will assign each
position to one of the classes established by the classification plan.
Section 3.7: NEW POSITIONS
.When a new position is created, the classification
plan shall be amended to include a class specification for the position if it is not
allocated to an existing classification. The new position will be filled in accordance with
Section 5.7.
Section 3.8: RECLASSIFICATION
.When the duties of the position have changed
materially, the Personnel Manager mayrecommend to the General Manager the
allocation of the position to a more appropriateclass.
RULE 4 –COMPENSATION& BENEFITS
Section 4.1: PURPOSE.
The purpose of the compensation plan is to provide
equitable and adequatecompensation for all employees.Employees at the District are
paid pursuant to a pay system established by this Employee Handbook and pursuant to
principles of public accountability.
Section 4.2: PREPARATION OF PLAN.
The Board of Directors may periodically
modify the District's compensation plan. Thecompensation plan includes, for each
class, a minimum and maximum salary or hourly rate andsuch intermediate rates as
are considered necessary, as well as supplemental,retirement, insurance and related
fringe benefit provisions. The rate or pay range assigned to eachclass shall fairlyreflect
the differences in the duties and responsibilities among classes,and will take into
account rates paid by other public employers for comparable work, theDistrict's policies
and financial condition, unusual problems of recruitment and turnover,and other
relevant factors.
Section 4.3:ADMINISTRATION OF PLAN.
Section 4.3.1: Rates of Pay.
Each employee is paid a rate of pay within the salary
range for the class in which he/she is employed.
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Section 4.3.2:Entrance Salary.
An employee is appointed at the minimum rate for
the class, except when theGeneral Manager approves an appointment or
reinstatement above the minimumrate. Authorization for appointment above the
entrance rate must be obtainedfrom the General Manager. In reviewing such requests,
consideration will be givento the candidate's unusually high qualifications, salary
history, outstandingexperience, availability of other qualified candidates and the
resulting salaryrelationships with similar positions.
Section4.3.3:Merit Salary Adjustments
.
Employees may receive merit salary
adjustments within the salary range applicable totheir class. The purpose of the merit
salary increase is to recognize individual employee performance.
Section 4.3.3.a: Special Merit Adjustments.
Employees may receive a special
merit adjustment at the discretion of the General Manager.
Section4.3.4:Movement To A Higher Classification.
When an employee is
promoted or reassigned toa class having a higher salary range, the employee shall be
paid at the entrance step of the assigned range. If the entrance step is the same or
lower thanthe employee's current salary, the employee shall be paid at an intermediate
rate within the range to bedetermined by the General Manager that will result in at least
a 5% pay increase.Employees promoted to a higher classification shall change their
anniversary date to coincide with the effective date of promotion.
Section4.3.5:Movement To A Lower Classification.
When an employee is
reassigned to a class having a lower salary range, the employee shall be placed in the
step of the lower salary range nearest to the employee's rate of pay.When an
employee's position is reclassified to a class having a lower salary range, the employee
shall retain the same rate of pay until such time that the assigned class has a maximum
salary rate. Employeesreassigned or reclassified to a lower position shall have no
changemade in their anniversary date.
Section4.3.6:Transfer.
When an employee is transferred from one position to
another, or from one classification to another classification having the same salary
range, the employee's pay and anniversary date shall remain unchanged.
Section4.3.7:Part-Time And Temporary Employees
.Whenever an employee works
for a period less than the regular number of hours in a day, days in a week, weeks in a
month, or months in a year, the amount paid shall be on an hourly basis unless
otherwise provided for in the Compensation Plan.
A.Permanent Part-time employees are those employees that have a regular
part-time budgeted position at less than a full-time employee position, Permanent Part-
time employees receive no benefits other than District paid employee and employer
share of the California Public Employees Retirement System (CalPERS). No benefits
includes no sick, vacation or holiday pay.
B.Part-time employees are those employees that have a regular part-time
budgeted position. However, budget funds are allocated and approved in the budget
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allowing these part-time employees to be scheduled to work no more than an average
40 hours or less per pay period on an on-going basis. Part-time employees receive no
benefits and are enrolled in Social Security. Part-time employees shall be enrolled in
CalPERS after initially reaching 1,000 hours in a fiscal year. Part-time employees shall
pay the employee’s share of PERS themselves.
C.Employees hired on a permanent part-time basis shall be classified as
part-time and specified as such on the Personnel Action Form.
D.Employees designated as part-time employees shall be responsible for
the employee contribution to PERS upon eligibility. The District will contribute the
“employer rate” as determined by PERS.
E.Upon enrollment in PERS, part-time employees are eligible to select
medical benefits through the PERS medical program. Part-time employees are
responsible for paying the health premiums.
F.Part-time employees will not be simultaneously employed through the
District payroll system and a professional services contract. Though part-time
employees may be paid at different rates based on daily assignments, they must be in
only one position in the payroll system.
G.The total part-time employees hours will be reviewed in the annual budget
and require GeneralManager approval. The PersonnelManager shall monitor
approved hours during each pay period through payroll reports.
H.The District Finance Managershall notify the PersonnelManager and
General Manager when a part-time employee is projected to work past 1,000 hours in a
fiscal year, prior to being enrolled in PERS. Failure to obtain General Manager approval
will result in the initiation of separation paperwork for the part-time employee.
I.Employee Status: Permanent Part-time and part-time employees serve “at
the will” of the District and have no vested right to employment.
Section4.3.8:Acting Pay.
Acting for an uninterrupted period in a higherclassification
or rank will be compensated at the rate of pay for that higher classification or rank
according to the provisions of appropriate salary and benefits plan.
Section4.3.9:Provisional Employees.
Provisional employees shall be paid salary
pursuant to their position's classification as outlined in the compensation plan.
Provisional employees shall receive benefits as determined by the GeneralManager.
Section 4.4. STANDBY POLICY.
A.PURPOSE.
The purpose of this policy is to establish administrative and procedural guidelines and
ensure compliance with the Fair Labor Standards Act (FLSA) regulations regarding the
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compensation of classified (non-exempt) employees who are required to perform duties
during non-scheduled, non-regularhours. This policy applies to all classified employees
who are required to be on standby and are called out to work in order to respond to
emergencies during non-regular work hours.
B.POLICY.
The District will compensate employees who are required by the District to be on
standby or respond to a call for service, which is received after normal working hours
within a required response time.
C.DEFINITIONS.
1.FLSA Requirements –According to the FLSA, employees who
“…are not required to remain on their employer’s premises, but are merely
required to leave word at their home or with company officials where they may be
reached, are not working …” However, if employees are restricted and are
effectively “engaged to wait” then compensation is required. Based on FLSA
regulations, “…the requirement that an employee not report to work while under
the influence of alcohol is a common requirement that does not trigger FLSA
overtime.”
2.Standby Duty –Classified employees who are responsible for
responding to emergency locations that occur after regular normal working hours
from Mondayto Monday shall be considered on standby duty if memorialized in
a writing or e-mail signed by the General Manager.
D.PROCEDURE.
1.Scheduling
a.Special assignment (as determinedby the employee
supervisor or the General Manager) may be given to classified employees
in order to make them available for work during non-regularly scheduled
hours.
b.Standby personnel may trade scheduled standby time with
other employees only with prior approval of their supervisor or the General
Manager.
2.Responsibilities
a.Standby personnel shall wear a cellular phone for District
communication purposes during the entire standby period.
b.While on standby duty, personnel shall immediately answer
his/her cellular phone and respond if necessary.
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c.If standby personnel are required to respond to an incident
the employee shall notify his/her supervisor of their arrival at the location.
d.Standby personnel must not be under the influence of
alcohol and/or be on prescription and/or over the counter medication that
would impair his/her ability to perform call out duties. If the employee is
taking prescription medication(s), he/she will provide a doctor’s note to
his/her supervisor that releasesthe employee to work while taking the
prescription medication.
e.Standby personnel must be located (while driving in District
or private vehicle) within one-hour travel time distance of District
boundaries while on standby duty. Such one-hour responsetime shall
take into account the day of the week and time of day for gauging a one-
hour response time.
E.COMPENSATION.
1.Standby Pay –For each day on standby duty, employee will be
paid a flat rate of $50.00 per day. If the employee is called for advice or called
out during the standby period, the employee receives “Phone Advice Pay or Call
Out Pay” in addition to Standby Pay.
2.Phone Advice Pay –Standby personnel handling incidents by the
phone during a standby period will be paid at his/her regular hourly rate of pay
for a minimum of one hour for each hour he/she is required to be on the phone
to troubleshoot or otherwise provide phone advice. Personnel shall be entitled to
one full hour’s pay at straight time for any hour in which he is required to be on
the phone for such purposes. Said phone advice pay is in addition to standby
pay.
3.Call Out Pay
a.If standby personnel are “called out” during a standby
period, they will be compensated in accordance with overtime for the
hours worked during the “call out,” with the clock starting at the time of the
call out and terminating upon clock out.
b.Such call out pay is in addition to standby pay and any
phone advice pay if personnel separately try to provide advice by phone to
fix the problem but are then required to respond in person.
4.Failure to Respond
If contact cannot be made with an employee who is on standby status or if
that employee fails to perform the work required, that employee is ineligible for
standby pay.
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Section 4.5:SALARYADMINISTRATION.
Section 4.5.1:General Policy
.It isthe policy of the Costa Mesa Sanitary Districtto
provide a systematic method foremployees to become eligible for advancement
through salary schedules.
Section4.5.2:Merit Increases --Part-Time Employees.
Part-time employees shall
be eligible for normal merit increases based uponsatisfactory performance following
completion of an equivalent amount ofservice as required for full-time employees as
shown in Section 4.4.3.
Section4.5.3:Merit Increases--Full-Time Employees.
A full-time employee shall
be eligible for a merit increase based on their overall score on the employee’s annual
performance evaluation. The overall score will be based on the 16 rating areas and the
employee must receive the following points to receive a merit increase:
63 points to receive a one-step 5%merit increase
56 points to receive a 4% merit increase
49 points to receive a 2% merit increase
Below 49 points not be eligible to receive an increase
Supervisors must receive the following points to be eligible for a merit increase:
85.5 points to receive a one-step 5% merit increase
76 pointsto receive a 4% merit increase
66.5 to receive a 2% merit increase
Below 66.5 points not be eligible to receive an increase.
Points shall be awarded as follows: “Unsatisfactory,” one point; “Below average,” two
points; “Competent,” three points; “Above Average, “four points; and “Superior,” five
points.
The 16 rating areas and total possible points in each area are as follows:
Observation of hours-3 points
Appearance-3 points
Compliance with Rules and Regulations-3 points
Safety Practices-3 points
Attendance-3 points
Job Knowledge-5 points
Public Contacts-5 points
Cooperation and Attitude-5 points
Rate of Learning-5 points
Efficiency-5 points
Effectiveness Under Stress-5 points
Dependability-5 points
Innovativeness-5 points
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Self-Improvement-5 points
Initiative-5points
Other: Report Writing, Equipment Maint/Care-5 points
Supervisors will be rated in the following areas in addition to those areas listed above:
Leadership-5 points
Productivity-5 points
Evaluating Subordinates-5 points
Supervisory Abilities-5 points
Encourages Suggestions-5 points
Full-time probationemployees are eligible for amerit increase if he/she receives a
performance evaluation score of 56 points or higher or 76points or higher for
supervisors,after completing 12consecutive monthsof service in the new position, and
upon the recommendation of thesupervisorand the approval of the GeneralManager.
Eligibility forsubsequent merit increasesshall occur thereafter upon completion of 12
calendar months of employment andreceipt ofa minimum performance evaluation
score of 49 points or higher or 66.5 points or higher for supervisors until the employee
reaches the top step for his/her classification.
Section 4.6:SALARY RANGE ADJUSTMENTS.
Salary rangeadjustments are
effective on the date specified bythe Board of Directors. Salary range adjustments are
to be distinguished from merit salaryincreases, as they are not intended to give
recognition to length and quality of service.
The salary rate of an employee whose salary range is adjusted will be adjusted to the
same relative position in the revised salary range.
Section 4.7:PARTIAL PAY PERIOD PAY.
Salaries for employees working less than a
complete schedule in a pay period shall becomputed by multiplying the number of
hours actually worked during the pay period bythe employee's hourly pay rate.
Section 4.8: PAYROLL
.
Section 4.8.1: Payroll Direct Deposit Program
A.POLICY.
As a condition of employment, all employees are required to enroll in payroll direct
deposit. Upon separation from employment with the District, the former employee will
complete an exit interview with the Personnel Manager or General Manager and will
receive the final payment with a physical paycheck.
B.PROCEDURE.
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1.Allemployees must sign up for direct deposit by completing and
submitting the direct deposit enrollment form and a voided check to Accounting.
2.Paychecks will be electronically paid to an employee’s bank account
through direct deposit and will commence on the firstpayroll after enrollment.
3.Upon separation and following the exit interview with the Personnel
Manager or General Manager, the Personnel Manager shall authorize release of
the final paycheck to the employee.
Section 4.8.2: Payroll Withholding Allowance
A.Every employee must furnish a signed federal withholding exemption
certificate (Form W-4) and state Form DE4 on or before the date of employment in
accordance with applicable Internal Revenue Code sections and state income tax code.
Employees are permitted to amend the W-4 or DE4 once per calendar year quarter.
Upon separation with the District, the employee will be permitted one last withholding
adjustment.
B.Employees shall submit completed W-4 or DE4 forms to Accounting for
processing through payroll and will commence in conjunction with the normal payroll
process and cycle.
Section 4.8.3: Time Cards, Core Hours and Adjustments
Each District employee submits time cards to their direct supervisorfor review and, in
turn, to the Finance Managerfor entry into the electronic payroll system.
A.The time cards are the official timekeeping documents for each employee
and are subject to audit. Hours worked are entered on the time card according to code.
Each employee is responsible for the accuracy of his/her time card, which must be
signed and approved by his/her supervisor or the Personnel Manager.
B.Duty hours are set for each employee, with flexibility to allow for minor
variances. The duty hours consist of a core time of 7:30am to 4:30p.m. daily (except if
the employee is on a flex schedule and is absent a full day) during which all employees
are expected to be present and available for District service. A normal duty is an eight-
hour or nine-hour workday, plus up to an hour for lunch. Every employee must take at
least one-half hour for lunch every work day and is not allowed to skip lunch to make up
lost time.
C.Each employee has 60 days after the end of the pay period to correct any
errors on his/her time card. Corrections must be requested as soon as discovered. The
Personnel Manager will review each request for approval. After the 60-day period, no
corrections or adjustments may be made on the time card which will be the official
document of record of time worked during that payperiod.
Section 4.9:OVERTIME.
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Section 4.9.1:Authorization
.All overtime shallbe authorized by the appropriate
supervisor and recorded onthe employee's time card in accordance with state and
federal law.
Section 4.9.2:Eligibility For Overtime.
TheGeneralManager shall determine which
classifications are consideredeligible for overtime in accordance with state and federal
law.
Section 4.9.3:Overtime Compensation
.Overtime compensation shall be paid in
accordance with state and federal lawand according to the provisions of the
appropriate salary and benefit plan.
Section 4.9.4: Pre-Approval of Overtime
.Classified (non-exempt) employees are not
permitted to work overtime without pre-approval from their direct supervisor. Working
overtime without pre-approval is grounds for discipline.
.
Section 4.9.5:Use of Compensatory Time-OffCompensatory time off can be taken
only with the supervisor's approval and the General Manager’s concurrence.An
employee may, with the Personnel Manager’s approval, accumulate compensatory time
to be taken during subsequent pay periods. An unlimited amount of compensatory
hours may be accumulated during the fiscal year for all eligible employees but any
remaining balance will be paid off in full effective June 30of each year.
Section 4.9.6:Compensation For Overtime At Termination.
Any employee who
terminates employment shall be paid at the employee'sregular rate of pay for all
accrued.
Section 4.10:BENEFITS.
Section 4.10.1: Retirement.
Employees do not pay into Social Security with the
exception of 1.45% of gross income, which is paid into the Medicare portion of Social
Security. The District maintains a contract with the Board of Administration California
Public Employees’ Retirement System (CalPERS), subject to the Public Employees’
Retirement Law, Government Code sections 20000 et seq. (PERL). The percentage of
final compensation to be provided for each year of credited prior and current service as
a local miscellaneous member shall be determined in accordance with Government
Code section 21354 (2% at age 55 Full,2% at age 60 Full, or 2% at age 62 Full).
Employees hired after January 1, 2013 who are considered New Employees by
CalPERS will be enrolled in CalPERS in a 2% at 62 plan. Employees hired after
January1, 2013will pay his/her contributions to CalPERS, which is 50% ofthe Normal
Cost, while the District will pay employer contributions, which varies from year to year.
Employees hired after July 1, 2011 will be enrolled in CalPERS in a 2% at 60 plan.
Employees hired after July 1, 2011 will pay his/her contributions to CalPERS, which is
7% of gross annual income,while the District will pay employer contributions, which
varies from year to year. For employees hired before July 1, 2011, the District pays
both the employee (7%) and employer (varies) contributions to CalPERS. The
Personnel Manager maintains copies of the complete documentation for review. In
17
summary:
A.To be eligible for service retirement, a member must be at least 50 years
old and have five years of CalPERS credited service. There is no compulsory
retirement age.
B.The monthly retirement allowance is determined by age at retirement,
years of service credit and final compensation. The basic benefit is 2% of final
compensation for each year of credited service upon retirement at age 55,60, or 62.
C.Final compensation is the average monthly pay rate during the last
consecutive 12 months of employment.
D.PRE-RETIREMENT DEATH BENEFITS. This benefit is a refund of the
member’s contributions plus interest and up to six month’s pay (one month’s salary rate
for each year of current service upto a maximum of six months).
E.DEATH AFTER RETIREMENT. The lump sum death benefit is $500.00.
F.TERMINATION OF EMPLOYMENT. Members who have separated from
employment may elect to leave their contributions on deposit or request a refund of
contributions and interest. Those who leave their contributions on deposit may apply at
a later date for a monthly retirement allowance if the minimum service and age
requirements are met. Members who request a refund of their contributions terminate
their membership and are not eligible for any future benefits unless they return to
CalPERS membership.
Section 4.10.2: Insurance.
The District offers medical, dental, vision and life
insurance plans through a “Benefits Bucket.” Each employee receives the same
“bucket” of funds to select and pay for desired benefits and levels of coverage –unused
“bucket” funds are paid directly to the employee as additional compensation or can be
used in a Deferred Compensation/457(b) plan. The current monthly bucket for an
individual employee is $799.00.For employees with families (i.e. two or more
dependents) the monthly bucket is $1,199.00.
Section 4.10.3: Paid Time Off.
A.HOLIDAYS.The District will observe the following holidays, including two
eight-hour floating holidaysas paid time off.In the event any of the above holidays fall
on Saturday, the preceding Friday will be observed. In the event any of the above
holidays fall on Sunday, the following Monday will be observed.
New Year’sDayLabor Day
Martin Luther King DayThanksgiving (Thurs & Fri)
Presidents DayVeterans Day
Memorial DayChristmas Day
th
4of July
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B.VACATION.Regular full-time employees in the classified service with an
average workweek of 40 hours shall receive annual vacations with pay in accordance
with the following provisions:
1.After continuous full-time service amounting to one year or more,
such employee shall have accrued paid vacation at the rate of 92 working hours
per year.The maximum allowable vacation leave bank is 184 hours.
2.Upon completion of three years of continuous full-time service, but
less than five years of continuous full-time service, such employee shall accrue
116 working hours per year.The maximum allowable vacation leave bank is 232
hours.
3.Upon completion of five years of continuous full-time service, but
less than 10 years of continuous full-time service, such employee shall accrue
140 workinghours per year.The maximum allowable vacation leave bank is 280
hours.
4.Upon completion of 10 years of continuous full-time service, but
less than 15 years of continuous full-time service, such employee shall accrue
164 working hours per year.The maximum allowable vacation leave bank is 328
hours.
5.Upon completion of 15 years of continuous full-time service such
employee shall accrue 188 working hours per year.The maximum allowable
vacation leave bank is376 hours.
C.VACATION LEAVE.
1.Vacation leave taken shall not be in excess of the vacation leave
actually earned at the time it is taken. Employees may be granted vacation
leave as accrued from date of hire after six months of continuous full-time
employment.
2.Employee requests to take annual vacation leave shall normally be
requested and approved ahead of time through their supervisor, preferably with
one or more weeks’ notice, with particular regard for the needs of the District
service and due regard for the wishes of the employee.
3.In the event one or more municipal holidays fall within a vacation
leave, vacation may be extended accordingly for those employees eligible for
such holiday.
4.Any leave of absence without pay shall not accrue vacation leave
for such absence.
5.At the end of the year, after receiving approval by the supervisor
19
and Personnel Manager, employees may cash out a maximum of 40 hours of
vacation per calendaryear as long as the employee has a minimum of 80 hours
accrued in the bank and has taken 40 hours of vacation in the same calendar
year.
6.Upon termination, a permanent employee will receive
compensation at his/her current rate for all unused earned vacation up to and
including the date of termination.
7.Occasionally, significant unused vacation time can accrue leading
to an excess balance of unpaid vacation time. The maximum amount of vacation
time a full-time employee may accrue depends on the number of years of service
and is given in the chart below. (The Personnel Manager shall maintain
oversight of District vacation accruals.) Employees are expected to manage their
own accrual of vacation leave. Hours shall not exceedthe maximum hours
according to years of service otherwise, employees will be subject to mandatory
vacation.
AnnualVacationMaximum Allowable
Years of ServiceAccrualVacation Leave Bank
(hours)(hours)
1 to 292184
3 to 4116232
5 to 9140280
10 to 14164328
15 +188376
D.EXECUTIVELEAVE.Exempt employees will receive 40 hours each fiscal
year of ExecutiveLeave. Balances in ExecutiveLeave hours cannot be carried over to
proceeding years. Employees mustuse the 40 hours of ExecutiveLeave within the
fiscalyearor they will forfeit the remaining balance. Employeescan cash out 20 hours
of ExecutiveLeave hours at their current rate of pay, but must use or schedule 20
hours of ExecutiveLeave to be eligible for the cash out.
1.Use of Executive Leave. An Exempt employee may occassionally
alter their regularly assigned work schedule during a given work week as
necessary and as authorized by the General Manager. Any alterations that
result in an absence from work for more than two (2) hours in a regularly
scheduled work day shall require the employee to use accrued executive leave,
vacation, or sick leave during the absence.
E.SICK LEAVE.
1.Sick Leave Accumulation.Regular full-time employees earn and
accumulate sick leave credit at the rate of 20% of the standard average
20
workweek for each full month of continuous service if the employee has worked
or has been on authorized leave of absence with pay. An employee continues to
earn sick leave while on any paid leave. An employee shall not receive payment
for unused accumulated sick leave upon termination of employment or
retirement (either disability or regular). An employee may not use sick leave to
extend a retirement (either disability or regular) or termination date. This
prohibition shall not affect an employee’sright to obtain sick leave credit with
PERS
.
2.Accounting Of Sick Leave Used.Each employee has one hour
deducted from the employee's accrued sick leave time for each hour of sick
leave taken.
3.Holiday During Sick Leave. In the event that a paid holiday occurs
during a period when the employee is on sick leave, the holiday is not charged
against the employee's accrued sick leave.
4.Use Of Sick Leave. An employee eligible for sick leave is granted
such leave for the following reasons:
a.Non-service-related illness,injuryor exposure to contagious
diseaseto the employee or physical or mental incapacity of the employee
due to non-service-related illness or injury.
b.Medical or dental office or hospital visits for examinations,
diagnosis, or treatmentto the extent such appointments cannot be
scheduled outside the work day.
c.Maternity-related disabilities as provided in Section 4.10.3.F.
d.Serious illness or emergency of a member of the employee's
immediate family member, who is incapacitated and/or requires the
service of a physician, and when the presence of the employee is
required.
5.Exclusions.No employee is entitled to sick leave while absent from
duty on account of anyof the following causes:
a.Sickness or injury sustained while on leave of absence
without pay.
b.Sickness or injury sustained from improper employee
conduct as defined inSection 14.2herein.
c.To permit an extension of the employee’s vacation.
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Sick leave shall not be considered as a right which the employee
may use athis or her discretion, but shall be allowed only in accordance
with Section 4.10.3.E.4.
6.Proof Required.The supervisor will approve sick leave only after
having ascertained that theabsence was for an authorized reason. When
absence is for more than threework days or if abuse of sick leave is suspected,
the supervisor mayrequire the employee to submit substantiating evidence
including, but notlimited to, a physician's certificate. If the supervisorrequires the
employee to submit substantiating evidence, the supervisorshallmake this
requirement known to the employee as soon as possible. If thesupervisordoes
not consider the evidence adequate,he/she willdisapprove the request for sick
leave, and such time off will be considered aleave of absence without pay. In
order for the employee to be eligible for paidsick leave, the Districtreserves the
right to verify the reason for the use of sickleave by whatever means the District
deems appropriate.
7.Exhaustion Of Sick Leave.In the event an employee uses all of the
sick leave the employee has accrued,upon the approval of the supervisor, the
employee may have any other paid leave days which the employee hasaccrued
deducted for each day or portion thereof he/she is absent due toillness. This
deduction will continue untilthe employee either returns to work or uses all
his/her accrued leave time.With the concurrence of the General Manager, the
supervisor may, pursuantto Section 4.10, allow the employee to take a leave of
absence without pay if theemployee does not have any paid leave time or sick
leave remaining to his/hercredit.
E.PENALTY FOR SICK LEAVEABUSE.
1.The District’s successful operation depends in large part upon the
attendance of each of its employees. Employees have an important job that fits
into a pattern of service. Unnecessary and unexcused absences, therefore, are
undesirable because they affect not only operations but the way in which fellow
employees are able to do their jobs. It is important, too, to have a uniform
attendance policy to avoid any misunderstandings regarding attendance
expectations.
2.Any unapproved absence may constitute cause for disciplinary
action, up to and including discharge from employment.
3.Abuse of Sick Leave and Excessive Absenteeism: If it appears
thatan employee is abusing sick leave or using sick leave excessively, the
employee will be counseled that continued use of sick leave may result in a
requirement to furnish a medical certificate for each such subsequent absence
for sick leave regardless of duration. Continued abuse of leave or excessive use
of sick leave constitutes grounds for dismissal.
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a.“Abuse of sick leave” means the misrepresentation of the
actual reason for taking sick leave, using sick leave for unauthorized
purposes, failure to report sick leave, and may include chronic, persistent
or patterned use of sick leave.
b.“Excessive absenteeism” is a level of absence, other than
protected leaves, that significantly disrupts the work of the District.
Absenteeism may be excessive even where the employee remains able to
draw upon accrued leave accounts. An employee may be considered
excessively absent when he/she has used an above-average amount of
unscheduledleave(40 hours or more), excluding any protected leaves.
1.UnscheduledLeavemeans an absence from work
which is not requested and approved in advance. Upon the
employee’s return from unscheduledleave, the supervisor will
approve the use of appropriate paid leave only after having
ascertained that the absence was for an authorized reason.
However, the leave time will be classified and documented as
unscheduled leave. If the reason for the absence was not
authorized, the employee may be subject to disciplinary action, as
outlined in Rule 13 of the Employee Handbook.
4.The Personnel Manager shall have the authority to request a
medical report substantiating any illness for a return to work report, provided
privacy laws are observed. When, in the judgment of the Personnel Manager,
the employee's reasons for being absent are inadequate, and/or not consistent
with the eligibility requirements for use of sick leave, he/she shall change the
payroll time report to indicate the absence was leave without pay. In addition,
the employee is subject to disciplinary action.
F.MATERNITY LEAVE.Absence caused or contributed to by pregnancy,
miscarriage, abortion, childbirth and recovery therefrom, are, for all job related
purposes, to be considered temporary inability to work. Accrued sick leave may be used
prior to birth for childbearing or related circumstances (e.g. miscarriage, abortion or
recovery there from) as needed. Following birthand end of any period of disability,
accrued sick leave may be used for a period not to exceed six weeks.
1.Pregnancy Disability Leave Without Pay. A pregnant employee
shall be entitled to unpaid leave for up to threemonths where the employee is
disabled by pregnancy, childbirth or related medical conditions, or up to six
weeks of leave for a normal pregnancy so long as the employee’s attending
physician certifies that she is physically unable to work due to pregnancy or a
pregnancy-related condition. Leave may be taken intermittently or on a reduced
work schedule when medically advisable, as determined by the employee’s
health care provider. During saidleave of absence, the employee must first use
accumulated sick leave. Upon request, and at the discretion of the employee,
vacation or other earnedundifferentiated paid leave may be used during
pregnancy disability leave.Employees receiving long-term disability may use
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such leaves at theemployee’s option to make up the difference between long-
term disabilitybenefits and the employee’s regular pay.
2.Certification Requirements.All pregnancy disability leave must be
confirmed in writing, have an agreed-upon specific date of return, and be
submitted to the Personnel Manager prior to being taken. Requests for an
extension of leave must be submitted in writing to the Personnel Manager prior
to the agreed date of return and must be supported by a written certification of
the attending physician that the employee continues to be disabled by
pregnancy, childbirth, or a related medical condition.
3.Work During Pregnancy.Female employees may continue working
during pregnancy as long as theindividual, herphysician, and the supervisor
concur in her ability towork, and the demands of the job are satisfied. Proof of
the physician'sconcurrence must be submitted at regular intervals during the
employee'spregnancy when requested by the supervisor.
4.Benefits During Leave.An employee on pregnancy disability leave
may receive any group health insurance coverage that was provided before the
leave on the same terms as provided to other employees who become disabled
off-duty, if: 1) the employee is eligible for concurrent family medical leave; and 2)
the employee has not already exhausted this 12-week group health insurance
coverage benefit in the current family medical leave eligibility period. The District
may recover premiums it paid to maintain health coverage, as provided by the
family and medical leave laws, if an employee does not return to work following
pregnancy disability leave.
An employee on pregnancy disability leave who is not eligible to receive
group health insurance coverage as described above, may receive health
insurance coverage in conjunction with COBRAguidelines by making monthly
premium payments to the District.
5.Return From Maternity Leave.Upon expiration of the approved
leave, and the District’s receipt of a written statement from the health care
provider that the employee is fit for duty, the employee shall be reinstated to her
former position or to a comparable one if the former position is abolishedduring
the period of leave and the employee would otherwise not have beenlaid off.
The comparable position is one having similar terms of pay, location,job content
and promotional opportunities.
If the employee’s original position is no longer available, the employee will
be assigned to an open position that is substantially similar in job content, status,
pay, promotional opportunities, and geographic location as the employee’s
original position.
If upon return from leave an employee is unable to perform the essential
functions of her job because of a physical or mental disability, the District will
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initiate an interactive process with the employee in order to identify a potential
reasonable accommodation.
An employee who fails to return to work after the termination of her leave
loses her reinstatement rights.
Time off on pregnancy disability leave withoutpay by a probationary
employee shall not be counted as part of the probation period. Failure to return
to work after the authorized three-month period causes the pregnant employee
to haveno reinstatement rights.
G.BEREAVEMENT.In the event of a death in the employee's immediate
family, a regular full-time employee shall be entitled, at the discretion of the General
Manager, toone-fiveworking days off with pay to attend the funeral.The relatives
designated shall include father, mother, wife, husband, brother,sister, daughter, son,
grandparents, brothers and sisters having one parent incommon, and those
relationships generally called "step," providing persons insuch relationships have lived
or have been raised in the family home and havecontinued an active family
relationship.
To be eligible for bereavement leave, the employee must attend or make abona fide
effort to attend the funeral. Bereavement leave is not compensable when the employee
is on leave of absence, bona fide layoff, or for days fallingoutside the employee's
regular work period.Bereavement leave is not chargeable against sick leave.
H.JURY OR COURT LEAVE.While on jury duty or while appearing as a
legally required witness, except inprivate cases not related to the employee's job, an
employee will receive fullpay from the District. For purposes of payroll, an employee
must obtain validationfrom the Jury Clerk of time spent on jury duty.An employee who
is summoned must notify his or her supervisor or the General Manager as soon as
possible after receiving notice of both possible and actual jury service and/or witness
testimony.An employeereceiving witness fees or jury service fees, shall remit such
fees to the Personnel Manager in order to be considered at work for payroll purposes
during the time spent as such witness or serving on the jury. The employee is entitled
to retain any mileage allowance the court pays.
I.MILITARY LEAVE.Military leave shall be granted in accordance with the
provisions of state and federal laws. Allemployees entitled to military leave shall give
the supervisoran opportunitywithin the limits of military regulations to determine when
such leave shall be taken.
1.Employees who are called or volunteer for services with the armed
forces ofthe United States or the California National Guard shall be entitled to
beconsidered for reinstatement in accordance with the provisions of these rules.
2.An employee promoted to fill a vacancy created by a person
serving in thearmed forces shall hold such position subject to the return of the
25
veteran. Theemployee affected by the return shall be restored to the position he
or she heldpreviously or any other equivalent position.
3.A new employee hired to fill a vacancy created by a person serving
in thearmed forces shall hold such position subject to the return of the veteran.
Theemployee affected by the return shall be placed in as nearly equal a vacant
position as may exist, or if no such position exists, may be subject to layoff.
4.Reserve Duty.Employees who participate in a reserve unit of the
armed forcesshall attempt to arrange time off for two-week assignments with the
supervisorin advance of the scheduled drill. Such employees shallreceive their
normal compensation during a two-week drill assignment. Weekend drills shall
also be scheduled in advance if the employee is scheduled to work on
weekends.
J.WORKERS’ COMPENSATION.All employees of the District are
covered by the workers' compensation laws of the State. The District is a member of
the Special District Risk Management Authority (SDRMA). This Authorityestablishes
procedures regarding employee notification of worker’s compensation benefits.
The District shall provide to every new employee, either at the time of hire or by
the end of the first pay period, the Written Notification of Medical Provider Network
(MPN) and the “Well Comp Medical Provider Network” pamphlet in both Englishand
Spanish.
After an employee is injured, the employee shall immediately notify their
designated Supervisor. The supervisor shall ensure necessary medical treatment is
provided by either referring the employee to theDistrict’s Company Nurse program or
calling the District’s Company Nurse on the employee’s behalf. The Company Nurse
will provide the employee with the necessary treatment options available to him/her and
provide instructions for any follow-up care. The injured employee or their designated
representative shall receive and complete the employee portion of the Department of
Workers Compensation form (DWC 1). If an employee declines to have medical
treatment, they must complete the employee portion of the Declination of Medical
Treatment and Declination of Medical Treatment Incident Form. All forms must be
returned to supervisors within 24 hours of notification of a workplace illness or injury.
Employees should retain a copy of all forms for their records.
Supervisors must complete the employer portion of the (DWC 1) form. If the
employee declines treatment, Supervisors must complete the employer portion of the
Declination of Medical Treatment and Declination of Medical Treatment Incident Form.
For employees requesting medical treatment, Supervisors must complete Form 5020
(Employer’s Report of Occupational Injury or Illness); write the employee’s name and
incident date on the Treating Physician Checklist and print, sign, and date the initial
treatment authorization.
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All forms shall be completed within 24 hours of notification of a workplace injury
or illness. Employees should take the Treating Physician Checklist and treatment
authorization to the designated medical facility or pre-designated physician.
In addition, Supervisors are required to complete the Supervisor Incident Form
for any treated or untreated workplace injury or illness and mail it, along with indicated
attachments to:
York Insurance Services Group
313 East Foothill Blvd.
Upland, CA 91786
Any employee who is eligible for temporary disability payments under the
workers' compensation law shall, for the duration of such payments, receive only that
portion of his/her regular salary which, together with said payments, will equal his/her
regular salary. Unless otherwise advised in writing by the employee within a five-day
period, such salarypayments made during a period of temporary disability payments
shall be charged against the employee's accumulated sick leave or vacation leave.
Should the employee's accumulated sick leave and vacation leave be exhausted, the
employee shall be subject toa leave of absence without pay. In order for the employee
to not endure an undue hardship caused by the time lag involved in temporary
disability, the employee, at the discretion of the General Manager, may be paid his/her
full salary to the extent of accumulated sick leave or vacation leave. Upon receipt of
temporary disability payments, the employee shall endorse such payments to the
District.
After exhausting sick leave and vacation benefits,and while the employee continues to
receive workers' compensation benefits, the District may collect from the employee the
employee's costs of insurance and the District may pay the employer's cost of
insurance. After the employee has exhausted sick leave and vacation benefits, the
District will make no contributions to the retirement plan.
Section 4.10.4:Employee Assistance Program (EAP).
The District will sponsor an
employee assistance program at no charge to all employees.
Section 4.10.5: Deferred Compensation/457(b) Plan.
The District will participate in
a deferred compensation/457(b) Plan that will allow employees to supplement their
retirement plan. The District will not make any contribution to an employee deferred
compensation/457(b) Plan.However, employees may select to use the balance of their
insurance bucket as contribution to their deferred compensation/457(b) Plan.
Section 4.10.5.1: Deferred Compensation/ 457(b) Loan Program.
A.PURPOSE.
The District allows eligible plan participants the ability to borrow funds from their plan
account balance.The program allows participants the ability to access funds that are
not otherwise available. Repayment provisions for these loans ensures that
participants replenish their accounts, thereby preserving their retirement savings.
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B.LOAN TERMS.
1.Employees who are currently participatingin the District’s ICMA-RC
Deferred Compensation Plan (457) are eligible to participate in this
loan program. Loans will begranted solely for hardship
circumstances.
2.A hardship is defined as being unable to meet certain specified
financial situations. Examples include, but are not limited to,
unreimbursed medical expenses, paying federal and/or state income
taxes, paying for college education for dependents, outstanding debt
(e.g. credit cards, college loan, etc.).
3.All 457 Plan loans must be coordinated with unforeseeable
emergency withdrawals. The emergency withdrawal regulations under
Section 457 of the Internal Revenue Code require that an emergency
withdrawal be a resource of the “last resort.” By allowing eligible
District participants to borrow against their plan account balance, a
participant would be required to take a loan before taking an
emergency withdrawal.
4.If the employee is separated from the District for any reason, all
loans are due and payable in full as soon as the participant takes a
withdrawal of any amount from the plan. Failure to repay the
outstanding loan amount at the time it is due will result in foreclosure
of the loan and ICMA-RC will report itas a taxable distribution in the
year of the foreclosure.
C.PROCEDURES.
1.A loan application must be completed, signed by the employee and
approved by the District. Upon approval of the loan application, ICMA-
RC will prepare loan documents and send them to the District, along
with a check, for disbursement. The loan check will not be issued to
the employee until the loan documents have been completed and
signed. Loan documents include a promissory note evidencing the
loan and disclosure statement, which includes an amortization
schedule.
2.Employees are limited to one outstanding loan at a time through
this program where the employee will be allowed to borrow up to 50%
of the account balance, not to exceed $50,000. The minimum loan
amount is $1,000. Loans must be repaid over a 5 year period through
bi-weekly payroll deductions.
3.Once a loan is issued, the District’s payroll department must
ensure that loan repayments are withheld from the employee’s
paycheck each pay period, in the amount specified on the amortization
schedule, until the loan is repaid in full. The District will NOT stop
taking loan repayments from the employee’s paycheck until the loan
28
has been repaid in full. The District will ensure that deductions are not
pre-taxed.
Section 4.11:FAMILY CARE AND MEDICAL LEAVE.
A.POLICY STATEMENT.
Tothe extent not already provided for under current leave policies and provisions, the
District will provide family and medical care leave for eligible employees as required by
State and Federal Law. The following provisions set forth certain rights and obligations
with respect to such leave. Rights and obligations which are not specifically set forth
below are set forth in the Department of Labor regulations implementing the Federal
Family and Medical Leave Act of 1993 ("FMLA"), and the regulations of theCalifornia
Family Rights Act ("CFRA"). Unless otherwise provided by this article, "Leave" under
this article shall mean leave pursuant to the FMLA and CFRA.
NOTE: FMLA/CFRA Leave taken under this policy is separate and distinct from leave
time taken under the California Pregnancy Disability Leave, which provides a maximum
of four months of unpaid leave, with the employee's same or equivalent position being
assured upon return, but with no employer-paid benefits provided during the leave; with
the exception of the first 12 weeks when FMLA leave runs concurrently with California
Pregnancy Disability Leave.
B.ELIGIBILITY.
An employee is eligible for FMLA/CFRA Leave if the employee:
1.Has been employed as a regular or extra help status District
employee for at least 12 months of service at any time; and
2.Has been employed as a District employee and has actually
worked for at least 1,250 hours during the 12-month period immediately
preceding the date leave first begins; and
3.Is employed at a work site where the employeremploys at least 50
employees within 75 miles of that work site
C.DEFINITIONS.
1.For the purposes of this Policy, the following definitions apply:
a."Child" -biological, adopted, foster, stepchild, legal ward, or
a child of anemployee standing "in loco parentis" (in place of a parent)
who is either under age 18, an adult dependent child, or an adult child
incapable of self-care because of a mental or physical disability.
29
b."Parent" -biological, adoptive, foster, step-parent, or legal
guardian or other person who stood in loco parentis to the employee when
the employee was a child. This term does not include parent-in-laws.
c."Spouse" –husband or wife as defined or recognized under
California State law for purposes of marriage.
d.“Domestic Partner” –as defined by California Family Code
§§ 297 and 299.2.
e."Serious Health Condition" -illness, injury, impairment, or
physical or mental condition of the employee or a child, parent, spouse or
domestic partner of the employee which involves either:
i.In-patient care (i.e. anovernight stay) in a hospital,
hospice, or residential health care facility; or
ii.Continuing treatment or continuous supervision by a
health care provider: A serious health condition involving continuing
treatment by a health care provider includes any one or more of the
following:
1.A period of incapacity due to serious health
conditions of more than three consecutive calendar days,
and any subsequent treatment or period of incapacity
relating to the same condition that also involves:
a.Unless extenuating circumstances exist,
treatment two or more times within 30 days of the first
day of incapacity by a health care provider, by a
nurse or physician's assistant under direct supervision
by a health care provider, or by a provider of health
care services (e.g., a physical therapist) under orders
of, or on referral by a health care provider. The first
in-person treatment visit must take place within seven
days of the first day of incapacity; or
b.Treatment by a health care provider on
at least one occasion which must take place within
seven days of the first day of incapacity and results
in a regimen of continuing treatment under the
supervision of the health care provider. This includes,
for example, a course of prescription medication or
therapy requiring special equipment to resolve or
alleviate the health condition. If the medication is
over the counter and can be initiated without a visit to
a health care provider, it does not constitute a
regimen of continuing treatment.
30
2.Any period of incapacity due to pregnancy or
for prenatal care. (This entitles the employee to FMLA leave,
but not CFRA leave. Under California law an employee
disabled by pregnancy is entitled to pregnancy disability
leave.)
3.Any period of incapacity or treatment for such
incapacity due to a chronic serious health condition. A
chronic serious health condition is one which:
a.Requires periodic visits (defined as at
least twice a year) for treatment by a health care
provider, or by a nurse or physician's assistant under
direct supervision of a health care provider;
b.Continues over an extended period of
time (including recurring episodes of a single
underlying condition); and
c.May cause episodic rather than a
continuing period of incapacity (e.g., asthma,
diabetes, epilepsy, etc.) Absences for such incapacity
qualify for leave even if the absence lasts only one
day.
4.A period of incapacity which is permanent or
long-term due to a condition for which treatment may not be
effective. The employee or family member must be under
the continuing supervision of, but need not be receiving
active treatment by a health care provider.
5.Any period of absence to receive multiple
treatments (including any period of recovery therefrom) by a
health care provider or by a provider of health care services
under orders of, or on referral by, a health care provider,
either for restorative surgery after an accident or other injury,
or for a condition that would likely result in a period of
incapacity of more than three consecutive calendar days in
the absence of medical intervention or treatment.
f.“12-Month Period” -a rolling 12-month period measured
backward from the date an employee uses any leave except pregnancy.
Each time an employee takes leave, the remaining leave entitlement
would be any balance of the 12 work weeks which has not been used
during the immediately preceding 12 months.
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g.“Health Care Provider” –(1) A doctor of medicine or
osteopathy who is authorized to practice medicine or surgery by the State
of California; (2) Individuals duly licensed as a physician, surgeon, or
osteopathic physician or surgeon in another state or jurisdiction, including
another country, who directly treats or supervises treatment of a serious
health condition; (3) Podiatrists, dentists, clinical psychologists,
optometrists, and chiropractors (limited to treatment consisting of manual
manipulation of the spine to correct a subluxation as demonstrated by x-
ray to exist) authorized to practice in the State of California and
performing within the scope of their practice as defined under California
State law; (4) Nurse practitioner and nurse-midwives who are authorized
to practice under California State law and who are performing within the
scope of their practice as defined by California State law; (5) Christian
Science practitioners listed with the First Church of Christ, Scientist in
Boston, Massachusetts; and (6) Any health care provider from whom an
employer or group health plans benefits manager will accept certification
of the existence of a serious health condition to substantiate a claim for
benefits.
h.“Active Duty or Call to Active Duty Status” –duty under a call
or order to active duty (or notification of an impending call or order to
active duty) in support of a contingency operation for members of the
Reserve components, the National Guard, and certain retired members of
the Regular Armed Forces and retired Reserve while serving on active
duty status during a war or national emergency declared by the President
of Congress.
i.“Qualifying Exigency” –short-notice deployment, military
events and related activities, childcare and related activities, financial and
legal arrangements, counseling, rest and recuperation, and post
deploymentactivities.
j.“Covered Service member”–(1) a current member of the
Armed Forces (including a member of the National Guard or Reserves)
who is undergoing medical treatment, recuperation, or therapy, is
otherwise in outpatient status, or is otherwise on the temporary disability
retired list, for a serious injury or illness incurred in the line of duty on
active duty, (2) a veteran who is undergoing medical treatment,
recuperation, or therapy, for a serious injury or illness that was aggravated
by the veteran’s actions in the line of duty, and who was a member of the
Armed Forces (including a member of the National Guard and Reserves)
at any time during the period of five years preceding the date on which the
veteran undergoes that medical treatment, recuperation or therapy.
k.“Outpatient Status” –with respect to a covered service
member, the status of a member of the Armed Forces assigned to either:
32
i.A military medical treatment facility as an outpatient;
or
ii.A unit established for the purpose of providing
command and control of members of the Armed Forces receiving
medical care as outpatients.
l.“Next of Kin of a Covered Service member”–the nearest
blood relative other than the covered service member’sspouse, parent,
son, or daughter, in the following order of priority: blood relatives who
have been granted legal custody of the covered service memberby court
decree or statutory provisions, brothers and sisters, grandparents, aunts
and uncles, and first cousins, unless the covered service memberhas
specifically designated in writing another blood relative as his or his
nearest blood relative for purposes of military caregiver leave under the
FMLA.
m.“Serious Injury or Illness” –an injury or illness incurred by a
covered service memberin the line of duty on active duty that may render
the service membermedically unfit to perform the duties the duties of the
member’s office, grade, rank, or rating.
2.PERMITTED REASONS FOR FMLA/CFRA LEAVE
Leave is permitted only for the following reasons:
a.The birth of a child or the placement of a child with an
employee in connection with the adoption or foster care of a child. This
leave right expires 12 months after the birth or placement. (California has
a separate pregnancy disability leave of up to four (4) months.)
b.To provide care for a child, parent, spouse or domestic
partner of the employee, if such immediate family member has a serious
health condition;
c.The employee's own serious health condition that makes the
employee unable to perform the essential functions of his/her position;
d.A “qualifying exigency” arising out of the fact that an
employee’s spouse, son, daughter or parent is on active duty or called to
active duty status in the Armed Forces (including National Guard and
Reserves) (under FMLA only, and not CFRA); or
e.To provide care for a spouse, son, daughter, parent or “next
of kin” who is a covered service member(this leave may run up to 26
weeks of unpaid leave during a single 12-month period) (under FMLA
only, and not CFRA).
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D.PROVISIONS.
1.LENGTH OF LEAVE
a.Minimum Duration
i.FMLA/CFRA Leave may be taken in one or more
periods, but shall not exceed a total of twelve (12) work weeks of
leave during the defined 12 month period, except inthe case of
pregnancy and leave to care for a covered service member.
Eligible employees are entitled to 26 work weeks of FMLA Leave
during any 12-month period to care for a covered service member.
ii.A leave taken for the birth, adoption, or foster care
placement of a child does not have to be taken in one continuous
period of time. The basic minimum duration of a leave taken for
the birth, adoption, or foster care placement of a child shall be two
weeks. A leave request, for such purpose, of less than two week's
duration shall be granted on any two occasions. Any such leave
shall be concluded within one year of the birth or replacement of
the child with the employee in connection with the adoption or
foster care of the child by the employee.
b.Pregnancy Disability/Maternity Leave
The State Pregnancy Disability Statute covers employees on leave
for pregnancy and birth of a child. This statute allows employers to
authorize up to four months of leave of absence for pregnancy disability.
During this time FMLA leave is started concurrently. After the pregnancy
disability, the employee may request additional time off for bonding with
the newborn child and this time is authorized by the CFRA and can be up
to 12 weeks in addition to the pregnancy disability period.
c.Spouses Both Employed by District
Where both husband and wife are employed by the District, the
aggregate total leave time granted to both as a couple shall not exceed
the 12 work weeks during a 12-month period if leave is taken for birth or
placement for adoption or foster care. This limitation does not apply to
any other reason for leave. (Example: if a husband becomes ill and needs
to take medical leave due to his own illness, his wife would then be
entitled to FMLA/CFRA Leave to carefor him up to the full 12-week
period.)
Where both husband and wife are employed by the District, the
aggregate total leave granted to both as a couple shall not exceed 26
work weeks during a 12-month period if leave is taken to care for a
covered service member.
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d.Extension Beyond Original Estimate
FMLA/CFRA Leave may be extended beyond the original
estimated date of return as long as the total amount of leave is no longer
than the maximum 12 work weeks. To extend a leave the employee must
submit a new Leave of Absence Request Form prior to the expiration of
the current leave. An extension of the FMLA/CFRA Leave will not cause
the leave benefits to exceed the 12 work week limitation. An employee
who does not return from the leave as scheduled, and who has not
received prior approval to extend the leave, may be considered absent
without authorization.
2.INTERMITTENT LEAVE/REDUCED WORK SCHEDULE
"Intermittent Leave" is defined as leave not taken continuously in one
block of time, such as leave taken a few days or hours at a time on a continuing
basis. A "Reduced Leave Schedule" is defined as a leave schedule that reduces
the employee's usual number of hours per work week or work day.
If an employee requests intermittent leave or leave on a reducedleave
schedule that is foreseeable and based on planned medical treatment, the
District has the discretion to transfer the employee temporarily to an available
alternative position for which the employee is qualified, that has equivalent pay
and benefits,and better accommodates recurring periods of leave than the
regular employment position of the employee.
3.LEAVE PAY STATUS
a.Employee Serious Health Condition
If FMLA/CFRA Leave is taken for the employee's own serious
health condition, that is not apregnancy disability leave or worker's
compensation leave, then the employee must first use his/her sick leave
in accordance with existing policy, then accrued holiday and vacation
leave before unpaid leave time is taken.
If the employee's own serious health condition qualifies the
employee for Short/Long-Term Disability payments and the employee
applies and receives Short/Long Term Disability, then during the 15-day
Short/Long Term Disability waiting period, the employee must use
accrued sick leave. If the employee's sick leave balance is less than the
required hours needed to cover the 15-day waiting period, the employee
must supplement this sick leave shortage with holiday and or vacation
leave time.
b.Child, Parent, Spouse or Domestic Partner Health Condition
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If an employee takes FMLA/CFRA Leave for the care of a child,
spouse or parent; or for the placement of a child for adoption or foster
care or birth of a child other than FMLA running concurrently with
California Pregnancy Disability Leave, the employee must use accrued
holiday and vacation leave before unpaid leave is taken.
The employee may elect to use up to 50% of accrued annual sick
leave for the care of an immediate family member, as defined in section
4.11.Cof the Employee Handbook.
c.Pregnancy Disability Leave
FMLA leave runs concurrently with an employee's pregnancy
disability leave. In such case, the employee will be required to use sick
leave hours first, then the FMLA Leave is unpaid unless the employee
elects to substitute accrued holiday and vacation leave.
If there is a waiting period for pregnancy disability leave or
short/long-term disability based on pregnancy or childbirth, then the
employee must use accrued sick leave before unpaid leave is taken
during the waiting period.
d.Worker's Compensation Absence
Miscellaneous Employees:
An employee's FMLA/CFRA Leave may run concurrently with a
Worker's Compensation absence. Because Worker's Compensation
absence is not unpaid leave, the employee need not substitute other paid
leave. The employee may elect to use paid leave balances to receive up
to his/her regular compensation.
e.Bonding with Child
An employee is required to use his or her paid vacation and/or
holiday hours for leave requests taken for the birth, adoption or foster care
placement of a child. For employees out on Pregnancy Disability leave,
this leave time per CFRA is in addition to the leave period of up to 4
months for pregnancy disability.
E.EFFECT ON MEDICAL INSURANCE AND OTHER BENEFITS.
1.During the employee's FMLA/CFRA Leave the District shall
continue to pay the usual contribution towards the employee's medical, dental,
basic life, vision and long-term disability (where applicable) premiums, under the
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same condition as coverage would have been provided if the employee had
been continuously working. The District shall not continue to pay contributions
towards any other plans not covered by the District’s group health insurance
plans.
2.The employee must continue to pay his/her share of insurance
costs, if any, either through payroll deduction or optional benefit while using
leave balances, or by direct payment to the District while on leave. The
employee will be advised in writing at the beginning of the leave period as to the
amount and method of payment. Employee contribution amounts are subject to
any change in rates that occur while the employee is on leave.
3.Under the District's Medical Insurance Enrollment Policy, all regular
District employees are required to be enrolled in a medical plan for no less than
"employee only" coverage. This coverage must be maintained while the eligible
employee is on a CFRA leave of absence. If the employee misses a required
payment of the employee's share, the District will pay the premium so that
coverage remains in place. The employee will be required to reimburse the
District (on a payroll deduction schedule) for any delinquent payment(s) upon
return from leave. The employee will be required to sign a written statement at
the beginning of the leave period authorizing the payroll deduction for delinquent
payments.
4.If the employee fails to return to work after the employee's
FMLA/CFRA Leave entitlement has been exhausted or expires, the District may
recover its share of health plan premiums paid during the period of unpaid
FMLA/CFRA Leave. The District may not seek to recover its share of health
care premiums if the employee does not return because of: 1) the continuation,
recurrence or onset of a serious health condition of the employee or a covered
family member, or 2) circumstances beyond the employee's control, such as
where an employee's spouse is unexpectedly transferred to a new job location,
or someone other than an immediate family member has a serious health
condition whom the employee needs to care for.
The District may require certification issued by a health care provider for
claims that an employee is unable to return to work because of the continuation,
recurrence or onset of a serious health condition of the employee or acovered
family member. If certification is requested by the District and not provided
within 30 days, the District may recover the health benefit premiums it paid
during the period of unpaid FMLA/CFRA Leave.
In circumstances where the District may recover premiums from the
employee, the District may recover its share of health insurance premiums
through deduction from any sums due the employee (e.g. unpaid wages,
vacation pay, etc.). See Medical Insurance Policy.
5.The employee on unpaid FMLA/CFRA Leave will be credited with
all service prior to the commencement of the unpaid leave, and for the period of
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the leave, except for Public Employees' Retirement System (PERS). Since
retirement contributions are based on wages paid, the District shall not be
required to make retirement plan contributions (PERS) for an employee while the
employee is on any unpaid FMLA/CFRA Leave.
6.An employee is not entitled to the accrual of sick leave, vacation
leave or holiday leave balances during periods of unpaid leave.
F.EMPLOYEE STATUS WHILE ON FMLA LEAVE.
1.FMLA/CFRA Leave is not considered an interruption of continuous
service (break in service) for purposes of seniority in a classification.Employees
returning from leave shall return with no less seniority for purposes of layoff,
recall, promotion or job assignment.
2.Probationary periods shall be extended to cover the period of the
leave.
G.FORMS TO BE SUBMITTED BY THE EMPLOYEE.
1.An employee who wishes to take FMLA/CFRA Leave must submit
a written Leave of Absence Request Form which is signed by his/her supervisor,
and forward this form to Personnel. Upon receipt of the signed Leave of Absence
Form, Personnelshall forward the FMLA/CFRA Leave Form to the employee for
signature and a Medical Certification form for completion by his/her or the
covered family member’s attending physician. The District shall not deny a
FMLA/CFRA Leave request which is an emergency or is otherwise
unforeseeable on the basis that the employee did not provide the 30-day
advance notice of the need for the leave.
2.Advance notice of leave should be given as follows:
a.If the event necessitating the leave becomes known to the
employee more than 30 calendar days prior to the employee's need for a
leave, the employee shall provide written notice to his/her immediate
supervisor as soon as he/she learns of the need for a leave with, at a
minimum, 30 days written advance notice.
b.If the event necessitating the leave becomes known to the
employee less than 30 calendar days prior to the employee's need for a
leave, the employee shall provide to his/her immediate supervisor as
much advance notice as possible, which must be given as soon as
practicable. It is expected that notice will be given within 1-2 working days
of learning of the need for leave. Upon an employee requesting leave or
the supervisor learning of an FMLA/CFRA qualifying event, the employee
shall be given a Request for Leave form and submit it to their immediate
supervisor or the Human Resources Department.
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c.If anemployee seeks leave due to a condition for which the
District has previously provided FMLA-protected leave, the employee
must inform the District that the leave is for a condition that was previously
certified for which the employee has previously taken FMLA leave.
d.If an employee's need for FMLA/CFRA Leave is due to a
planned medical treatment, the employee shall consult with their
supervisor or other designated department representative to schedule the
treatment or care so as to minimize disruptions to the operation of the
District. Any such scheduling, however, shall be subject to the approval of
the health care provider of the employeeor covered family member.
3.The General Manageror designee may consult with the Personnel
Managerregarding theleave request, and shall respond to the employee as
soon as possible, and forward the written form to the Personnel Manager
immediately. The District shall respond in writing to the employee as soon as
possible after receiving the written request, withintwo working days, if possible.
The District shall attempt to respond to the leave request and designate the
leave as FMLA/CFRA leave as soon as possible, and will make every effort to
respond before the date the leave is to begin.
H.CERTIFICATION REQUIREMENTS.
As a condition for granting FMLA/CFRA Leave for the employee's serious condition or
for the care of a covered family member who has a serious health condition, the
employee must submit within 15 days (unless there is a medical emergency or other
extenuating circumstance) a written certification from the health care provider of the
individual requiring care. The certification will be sufficient if it includes the following:
1.A statement that the serious health condition warrants the
participation of the employee to provide care during a period of treatment or
supervision of the covered family member; or
2.In the case of leave requested because of a serious health
condition for a covered military member, for the first time the employee requests
leave for a qualifying exigency, the District may require the employee to provide
a copy of the covered military member’s active duty orders or other
documentation issued by the military which indicates that the covered military
member is on active duty or call to active duty status in support of a contingency
operation, and the dates of the covered military member’s active duty service. A
copy of a new active duty order or similar documentation shall be provided to the
employer if the need for leave because of a qualifying exigency arises out of a
different active duty or call to active duty status of the same or a different
covered military member.
3.In the case of certification for intermittent leave, or leave on a
reduced leave schedule, a statementof the dates and duration of the intermittent
leave or reduced leave schedule; or
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4.In the case of certification for an employee's serious health
condition, a statement that the employee is unable to perform the functions of
the position due to the employee's serious health condition.
5.In addition to the above, the certification must also include:
a.the date, if known on which the serious health condition
commenced;
b.the probable duration of the condition; and
c.an estimate of the amount of leave which the health care
provider believes the employee needs.
The District may require, at its own expense, that the employee
obtain the opinion of a second health care provider designated or
approved by the District concerning information certified for his/her own
serious health condition.
Where the second opinion differs from the first, the District may
require, at its own expense, that the employee obtain the opinion of a third
health care provider designated or approved jointly by the District and the
employee concerning the information that was certified.
The opinion of the third health care provider shall be considered
final and binding upon the District and the employee.
The District may require that the employee obtain subsequent
recertifications if an employee requests leave beyond that specified in the
original certification.
I.REINSTATEMENT TO A POSITION.
1.In addition to the above, the certification must also include:
a.As a condition of the employee's return to work, the
employee must submit a "return to work" release from a health care
provider stating that the employee is able to resume work. Failure to
provide a “return to work” release may result in the denial of
reinstatement.
b.An employee who takes FMLA/CFRA Leave shall be
entitled, on return from such leave:
i.to be restored to the position of employment held by
the employee when the leave commenced; or
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ii.to be restored to an equivalent position with
equivalent employment benefits, pay, and other terms and
conditions of employment.
c.The District may refuse to reinstate an employee to the
same or comparable position if the same position or comparable position
has ceased to exist because of legitimate business reasons unrelated to
the employee's FMLA/CFRA Leave.
d.A restored employee is not entitled to any right, benefit, or
position of employment to which the employee would not have been
entitled had the employee not taken the FMLA/CFRA Leave.
e.If an employee is determined to be a "key employee" at the
time the leave is requested, the FMLA requires notice to the employee of
such designation and notice of the consequences of the designation. The
District may deny restoration to a salaried employee who is among the
highest paid 10 percent of the employees employedby the District within
75 miles of the worksite if:
i.such denial is necessary to prevent substantial and
grievous economic injury to the operations of the District;
ii.the District notifies the employee of the intent to deny
restoration on such basisat the time the District determines that
such injury would occur; and
iii.in any case where the leave has commenced, the
employee fails to return to employment within a reasonable time,
taking into account the circumstances such as length of leave and
urgency of the need for the employee to return after receiving such
notice.
f.An employee’s acceptance of a “light duty” assignment does
not constitute a waiver of the employee’s prospective rights. The
employee’s right to restoration, however, ceases atthe end of the
applicable 12-month FMLA/CFRA leave year.
J.PREGNANCY LEAVE.
An employee who is disabled because of pregnancy, childbirth, or a related medical
condition is entitled to an unpaid pregnancy disability leave for up to 4 months.
1.Notice and Certification Requirements
a.Requests for pregnancy disability leave must be submitted in
writing and must be approved by the employee’s supervisor or Personnel
Manager before the leave begins. The request must be supported by a
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written certification from the attending physician stating that the employee
is disabled from working by pregnancy, childbirth or a related medical
condition. The certification must state the expected duration of the
disability and the expected date of return to work.
b.All leaves must be confirmed in writing, have an agreed-
upon specific date of return, and be submitted to the Personnel Manager
prior to being taken. Requests for an extension of leave must be
submitted in writing to the Personnel Manager prior to the agreed date of
return and must be supported by a written certification of the attending
physician that the employee continues to be disabled by pregnancy,
childbirth, or a related medical condition.
2.Compensation During Leave
Pregnancy disability leaves arewithout pay. However, the employee may
first use accrued sick leave, vacation leave, and then any other accrued paid
time off during the leave.
3.Benefits During Leave
a.An employee on pregnancy disability leave may receive any
group health insurancecoverage that was provided before the leave on
the same terms as provided to other employees who become disabled off-
duty, if: 1) the employee is eligible for concurrent family medicalleave;
and 2) the employee has not already exhausted this 12-week group health
insurance coverage benefit in the current family medical leave eligibility
period. The District may recover premiums it paid to maintain health
coverage, as provided by the family and medical leave laws, if an
employee does not return to work following pregnancy disability leave.
b.An employee on pregnancy disability leave who is not
eligible to receive group health insurance coverage as described above,
may receive health insurance coverage in conjunction with COBRA
guidelines by making monthlypremium payments to the District.
4.Reinstatement
a.Upon the expiration of pregnancy leave and the District’s
receipt of a written statement from the health care provider that the
employee is fit to return to duty, the employee will be reinstated to her
original or an equivalent position, so long as it was not eliminated for a
legitimate business reason during the leave.
b.If the employee’s original position is no longer available, the
employee will be assigned to an open position that is substantially similar
in job content, status, pay, promotional opportunities, and geographic
location as the employee’s original position.
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c.If upon return from leave an employee is unable to perform
the essential functions of her job because of a physical or mental
disability, the District will initiate an interactive process with the employee
in order to identify a potential reasonable accommodation.
d.An employee who fails to return to work after the termination
of her leave loses her reinstatement rights.
Section 4.12: REASONABLE ACCOMMODATION POLICY
A. POLICY: The Districtprovides employment-related reasonable
accommodations to qualified individualswith disabilities within the meaning of
the California Fair Employment and Housing Act andthe Americans with
Disabilities Act.
B. PROCEDURE
1. Request for Accommodation:An employee who desires a reasonable
accommodation in order to perform essential jobfunctions should make
such a request in writing to the Personnel Manager. Therequest must
identify: a) the job-related functions at issue; and b) the desired
accommodation(s).
2. Reasonable Documentation of Disability:Following receipt of the
request, the Personnel Managermay require additionalinformation, such
as reasonable documentation of the existence of a disability.
3. Fitness for Duty Examination:The Districtmay require an employee to
undergo a fitness for duty examination at the District’s expense to
determine whether the employee can perform the essential functions of
the job withor without reasonable accommodation. The Districtmay also
require that a District-approvedphysician conduct the examination.
4. Interactive Process Discussion:After receipt of reasonable
documentation of disability and/or a fitness for duty report, the Districtwill
arrange for a discussion, in person orvia telephone conference call, with
the applicant oremployee, and his or her representative(s), if any. The
purpose of the discussion is to work in good faith to fully consider all
feasible potential reasonable accommodations.
5. Case-by-Case Determination:The District determines, in its sole
discretion, whether reasonable accommodation(s) can be
made, and the type of accommodation(s) to provide. The Districtwill not
provideaccommodation(s) that would posean undue hardship upon
District finances or operations, or that would endanger the health or safety
of the employee or others. The District will inform the employee of its
decision as to reasonable accommodation(s) in writing.
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Section 4.13:WORK HOURS.
Section 4.13.1: Hours Of Work.
The work period for all employees shall be as defined
by Districtoperatingpolicies in accordance with state and federal laws. The General
Managermay establish work schedules which vary employees’workdaysand hoursat
his/her sole discretion pursuantto the best interests of the District.
Section 4.13.2: Meal And Rest Periods.
Meals and rest periods shall be recognized
as a privilege and will bepermitted insofar as practicable and consistent with
operational interests andin accordance with state law.
Section 4.14:LEAVE OF ABSENCE WITHOUTPAY.
Section 4.14.1: Employee Requested Leave of Absence Without Pay.
The General
Manager may grant a regular or probationary employee leave ofabsence without pay
not to exceed three months. No suchleave shall be granted except upon written
request of the employee. The request shall setforth the reason for the request. The
District’s response to the request shall be in writing. Anemployee must first use all
accrued vacation and comp time creditsand/or executiveleave, and theremaining
approved leave of absence will be without pay. Sick leave may notbe taken.Upon
expiration of a regularly approved leave of absence without pay, or within a reasonable
period of time afternotice to return to duty, the employee shall be reinstated in the
position held at the time the leave was granted.
Failure on the part of an employee on leave of absence without pay to report promptly
at its expiration, or within a reasonabletime after notice to return to dutyshall be cause
for discharge. The GeneralManager may review and extendleaves of absence at
his/her sole discretion. Supervisorsmay granta regular or probationary employee leave
of absence without pay not toexceed two calendar weeks. All leaves of absence
without pay shall be reported to the GeneralManager. A leave ofabsence shall be
considered an interruption in the probationary period.Time off on a leave of absence
without pay by a probationary employee shall not be countedas part of the probation
period.
Section 4.15:TUITION REIMURSEMENT POLICY.
Tuition reimbursement is
available to full time employees, who have completed their initial employment
probationary period, and are in good standing within their department. Employees who
have transferred or have been promoted and are on probation are eligible for this
program.
Employees who have been re-employed and are in their initial probationary period are
not eligible for reimbursement.
Employees whose general increases are being withheld or who are under some form of
disciplinary action from their supervisoror General Manager are not eligible for
participation in the program.
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Any employee who is eligible for tuition assistance payment or reimbursement from any
other source must declare the source and amount on the tuition reimbursement
application. The District will normally require the employee to use other available
payment plans in preference to the District plan.
Veterans must exhaust their educational benefits before reimbursement can be
approved. However, if educational benefits received do not cover the entire cost of
coursework, the tuition reimbursement program may pay a percentage of the cost not
reimbursed.
If an employee resigns, is discharged or laid-off prior to completion of coursework and
submission of his/her grades to the Personnel Manager, his/her application for tuition
reimbursement will be voided.
Contingent on budget allocations, full-time District employees who meet specified
criteria will receive financial assistance to attend educational courses at fully-accredited
educational institutes in order to foster personal development in job-related areas as
well as career advancement. The District may reimburse eligible employees for up to for
a maximum of $5,000 per calendar year for approved educational programs. The
program is available to employees who engage in studies that do not interfere with
regular working hours and that lead to a degree or class work that is mutually beneficial
to the District and employee.
Applications must be filed and approved by supervisors and the Personnel Manager
before commencing course work. To receive reimbursement the employee must submit
a grade report at the end of the course, along with a tuition and fee statement, to the
Personnel Manager showing course completion with a minimum of a C grade, or
passing grade in non-graded courses.
Upon certification, the Personnel Manager will submit the reimbursement request to the
accounting department for payment. Payments will be made up to $5,000 for fees for
the course, textbooks and supplies.
Employees participating in this program will be required to sign a statement indicating
that 100% of all funds received under this program will be returned to the District if the
employee is terminated or resigns from employment with the District within one year
and 50% of all funds received under this program will be returned to the District if the
employee is terminated or resigns from employment with the District within two years. In
reviewing the proposed educational plan of an employee, it may be necessary to place
a cap on the amount of District reimbursement during any one calendar year.
The tuition reimbursement may be a taxable benefit depending upon the provisions of
the Internal Revenue code. The individual employee will be responsible for any tax
liability.
Section 4.16:SEWER CREW EMPLOYEES MAINTENANCE PREMIUM PAY.
Employees who are routinely and consistently assigned to repair and maintain sewer
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systems shall receive a premium pay of 1.5% of their base pay for each California
Water Environment Association Collection System Maintenance Grade Certification
level achieved. For example, an employee who receives a Collection System
Maintenance Grade II Certification shall receive a premium pay of 3% of his/her base
pay.Additionally, employees who are routinely and consistently assigned to repair
sewer manhole covers by application of welding skills and who possess a current
welding certification, shall receive a premium pay of 1.5% of their base pay.
RULE 5 –RECRUITMENT AND SELECTION
Section 5.1:PURPOSE.
The purpose of the recruitment and selection process is to
ensure that all positionvacancies are filled with qualifiedandcompetent persons who
are well suited to perform inthe position for which they are employed. In that regard, all
vacancies will be filled asprovided in the rules, policies and procedures set forth in this
Employee Handbook.
Section 5.2:NATURE OF SELECTION PROCEDURES.
The methods used in the
selection of Districtemployees shall be impartial and of a relevantnature so as to fairly
measure the relative capacity of job applicants to execute theduties and responsibilities
of the class to which they seek to be appointed.
Section 5.3:SELECTION AND APPOINTMENT.
All vacancies in the Districtshall be
filled as provided in the rules, policies and procedures set forth in this Employee
Handbook. Appointments shall be made with the objective of obtaining for the District
the best qualifiedperson or persons available as recommended by the supervisorand
approvedby the GeneralManager.
Section 5.4:APPLICATIONS AND APPLICANTS.
Section 5.4.1:Announcements.
All examinations shall be publicized in District
Headquartersandon the District’swebsiteand/or public bulletin boards and/or
professional recruiting websites and/or media outlets, and by such methods as the
Personnel Manager deems appropriate. Specialrecruiting shall be conducted, if
necessary, to ensure that all segments of thecommunity are aware of the forthcoming
examinations. The announcementsshall specify the title and pay of the class for which
the examination isannounced, the nature of the work to be performed, the preparation
desirablefor the performance of the work of the class, the manner of making
applications,the date of filing, and other pertinent information.
Section 5.4.2:Application Forms.
Applications shall be made as prescribed on the
examination announcement. Ifprescribed by the Personnel Manager, application forms
shall requireinformation covering training, experience, and other pertinent information.
The Personnel Manager will not process any application which is not fully completed
and signed.
Section 5.4.3:Disqualification.
The Personnel Manager may reject any application
which indicates on its facethat the applicant does not possess the minimum
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qualifications required for theposition. Applications may be rejected if the applicant is
physically or mentally unfit for the performance of duties of the position to which he/she
seeks employment, is a current user of illegal drugs, has made any false statement of
any material fact or practiced any deception or fraud in his/her application, or has been
convicted of a felony or misdemeanor criminal offense, may reasonably be expected to
interfere with or prevent effective performance in the position applied for or interfere or
prevent effective District performance of its duties and responsibilities. Whenever an
application is rejected, notice of such rejection shall bemailed to the applicant by the
District. Defective applications may be returned tothe applicant with notice to amend
the same, providing the time limit forreceiving applications has not expired, subject to
the discretion of thePersonnel Manager.
Section 5.4.4: Pre-Employment Screening
.
A.All employment offers are conditional upon successful completion of a
pre-appointed medical examination and background check, scheduled through the
PersonnelManager. The PersonnelManager shall reaffirm employment offers are
contingent upon successfully passing the medical examination and that the candidate
should not submit termination papers to current employers until after successfully
passing the medical examination.
B.All candidates are expectedto provide the necessary materials to verify
legal authorization to work in the United States prior to the PersonnelManager’s
scheduling of a pre-appointment physical. Tustin/Irvine Medical Groupwill review and
evaluate medical examination results from the District’s authorized medical clinic and
notify the PersonnelManager of the results, indicating any restrictions. The Personnel
Manager and GeneralManager will determine if any further action is necessary.
Section 5.5:EXAMINATIONS.
Section 5.5.1:Nature And Types Of Examination.
The selection techniques used in
the examination process shall be impartialand related to those subjects which, in the
opinion of the Personnel Manager,fairly measure the relative capacities of the persons
examined to execute theduties and responsibilities of the class to which they seek to
be appointed.Examinations shall consist of selection techniques which will fairly test
thequalifications of candidates such as, but not necessarily limited to, written tests,
personal interviews, performance tests, physical agility tests, medicalexaminations, or
any combination of these or other tests. The probationaryperiod, which may include the
evaluation of daily work performance and worksamples,and the successful completion
of prescribed training, shall beconsidered as an extension of the examination process.
Examinations shall bedesigned to provide equal opportunity to all candidates by being
based on ananalysis of the essential qualifications for the class and covering only
factorsrelated to such qualifications.
Section 5.5.2:Open Competitive Examination.
Open competitive examinations may
be administered for a single class asdetermined by the Personnel Manager. Names
47
shall be placed on employmentlists, and shall remain on such lists, as prescribed in
Section 5.6 of this Rule.
Section 5.5.3:Promotional Examination.
Promotional examinations may be
conducted whenever, in the opinion of thePersonnel Manager, the needs of the District
require. Promotional examinationsmay include any of the selection techniques
mentioned in Section 5.5.1 of thisRule, or any combination of them. Promotional
examinations are open to Districtemployees only. Employees who meet the
requirements set forth in thepromotional examination announcements may compete in
promotionalexaminations.
Section 5.5.4:Continuous Examination.
Continuous examinations may be
administered periodically as the needs of theDistrictrequire. Names shall be merged
on employment lists according to finalscores,and shall remain on such lists, as
prescribed in Section 5.6 of this Rule.
Section 5.5.5:Scoring Examinations And Qualifying Scores.
A candidate's score in
a given examination shall be the average of scores oneach competitive part of the
examination forwhich the candidate qualified,and shall be weighted pursuant to the
examination announcement. The PersonnelManager may, at his/her discretion, include
as a part of the examination, testswhich are qualifying only.
Section 5.5.6:Notification Of Examination Results, Review Of Papers, and
ExaminationAppeal.
Each candidate in an examination shall be given written notice
of the resultsthereof. Any candidate shall have the right to inspect his/her own
examinationanswer sheets within five working days after the notices of examination
resultswere mailed. Oral interview rating sheets, test booklets and relatedexamination
materials are not open to candidate inspection. Any error in computation,if appealed to
the Personnel Manager within this period, shall becorrected. Such corrections shall not,
however, invalidate appointmentspreviously made.
Section 5.6:EMPLOYMENT LISTS.
Section 5.6.1:Preparation And Availability.
As soon as possible after the completion
of an examination, the PersonnelManager shall prepare and keep available an
employment list consisting of thenames of candidates who qualified in the examination,
arranged in order of finalscores, from the highest to the lowest qualifying score.
Section 5.6.2:Duration Of Lists.
Employment lists other than those resulting from a
continuous examinationshall remain in effect for six months, unless sooner exhausted
or abolishedby the Personnel Manager upon the recommendation of the General
Manager.The General Managermay request the abolition of an employment list after
theemployment list has been in effect for three months. Employment lists maybe
extended, prior to their expiration dates, by action of the Personnel Managerfor
additional periods. Open competitive lists created as the result ofcontinuous
examinations shall remain in effect for not more than one year afterthe last
administration of the examination. Names placed on such lists shall bemerged with any
48
others already on a list in order of final scores and shallremain on the list for not more
than one year.
Section 5.6.3:Removal Of Names From List.
The name of any person appearing on
an employment orpromotional list may be removed by the Personnel Manager if the
eligibleperson requests in writing that his/her name be removed, if he/she fails to
respond to a notice of certification mailed to his/her last known address, or forany of
the reasons specified in Section 5.4.3, of this Rule. The person affectedshall be
notified of the removal of his/her name by a notice mailed to his/herlast known
address. The names of persons on promotional employment listswho resign from the
service shall automatically be removed from such lists.
Section 5.7:METHODS OF FILLING VACANCIES.
Section 5.7.1:Types Of Appointments.
All vacancies shall be filled bythePersonnel
Manager from an appropriate employmentlist. In the absence of persons eligible for
appointment from these means,provisional appointments may be made inaccordance
with therules, policies and procedures set forth in this Employee Handbook.
Section 5.7.2:Notice To Personnel Manager.
Whenever a vacancy is to be filled, the
supervisorshall notify thePersonnel Managerin the manner prescribed.
Section 5.7.3:Appointment.
After interview and investigation, the supervisorshall
recommendappointments from among those certified and shall immediately notify the
GeneralManager of the persons recommended. The person recommended for
appointment shall present himself/herself to the GeneralManager, or his/her
designated representative, for processing, including any required medicalexamination,
on or before the date of appointment. If the applicant accepts theappointment and
presents himself/herself for duty within such period of time asthe supervisor and
GeneralManager shall prescribe, he/she shall bedeemed to be appointed.Otherwise,
he/she shall be deemed to have declinedthe appointment.The General Managershall
have the right to deny the supervisor’s recommendationsfor hire and request a new
recruitment and selection process
Section 5.7.4:Provisional Appointment.
In the absence of there being names of
individuals willing to acceptappointment pursuant to Rule 5.7.3, a provisional
appointment may berecommended by the supervisor,with the concurrence of the
GeneralManager, of a person meeting the minimum training,experienceand
qualifications for the position. A provisional employee may be removed at anytime
without the right of appeal. A provisional employee may be employed assuch for up to
six months.The GeneralManager may extend the period for any provisional
appointment fornot more than an additional six month period. (See alsoSection 4.3.9)
Section 5.8:PROBATIONARY PERIOD.
5.8.1:Objective of Probationary Period.
The probationary period shall be regarded
as a part of the testing process andshall be utilized for closely observing the
49
employee's work and for securing themost effective adjustment of a new employee to
his/her position.An employee who passes probation remains an at-will employee.
Section5.8.2:Regular Appointment Following Probationary Period.
All original
and promotional appointments shall be tentative and subject to aprobationary period of
12months of actual service. The Personnel Manager shall notify thesupervisor one
month priorto the termination of any probationaryperiod. The supervisorshall file with
the Personnel Manager astatement in writing to the effect that the retention of such
employee with theDistrictis desired or undesired. If an unsatisfactory performance
statement isfiled, the employee's employment may be immediately terminated.
Section 5.8.3:Rejection Of Probationer.
During the probationary period, an
employee may be rejected at any time bythe supervisor,with the concurrence of the
GeneralManager, withoutcause and without the right of appeal. Notification of rejection
shall be in writing andshall beserved on the probationer,and a copy shall be filed with
the Personnel Manager.
Section 5.9:PERFORMANCE EVALUATION.
Evaluations of the daily work
performance of employees shall be periodicallyconducted in accordance with
procedures and time periods as determined bythe Personnel Manager. The purpose of
evaluating performance is to provide formal feedback to the employees through written
and oral communications,and discussions. Methods for improving employee
performance are through interim verbal and written communications, including
performance improvement plans, and through the annual evaluation.
Section 5.10: SALARY RANGES
.Normally, employees will be hired in the range of
steps one through six of the corresponding salary range. Negotiated salary beyond the
middle step of the salary range will require the GeneralManager’s approval.
RULE 6 –MEDICAL EXAMINATIONS
Section 6.1: MEDICAL EXAMINATIONS REQUIRED.
Medical examinations may be
required under the following circumstances:
A. In order to be eligible for employment with the District.
B. In order to be eligible for promotion or transfer to a job classification
requiring greater physical qualifications than his/her present job classification.
C.Any employee may be required to undergo a medical examination at any
time designated by the Personnel Manager.
Section 6.2: PHYSICIAN.
All medical examinations will be performed by a licensed
physician approved by thePersonnel Manager.
Section 6.3: COST OF EXAM.
The District will pay the cost of any medical examination
required under this Rule.
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RULE 7 –OUTSIDE EMPLOYMENT
Section 7.1: GENERAL PROVISIONS.
A District employee shall not engage in any
outside employment that is detrimentalto, or in conflict with his/her duties or service
with the District. An employee mustnotify the General Manager in writing of any outside
employment together withsufficient information regarding such outside employment as
may be requested.
A supervisor mayinquire as to an employee's off-duty employment when the supervisor
believes that such a condition may exist and may require an employee to file notice to
the General Manager. The General Manager shall determine if an employment conflict
exists and shall notify the employee of his/her decision and reasons therefore in writing.
Examples of work that would be detrimental to or in conflict with duties or service with
the District include, but are not limited to, the following:
A. Work requiring the use of District vehicles or equipment.
B. Work for a contractor who is performing work in conflict with the District.
C. Work which would createa work schedule that is incompatible with an
assigned District work schedule.
D. Work which would present a health hazard to the employee.
E. Work which could create a cause for disciplinary action.(SeeRule 14.)
F. Work which would provide undue liability for the District.
RULE 8 -NEPOTISM
Section 8.1: GENERAL PROVISIONS.
It is the policy of the Costa Mesa Sanitary
District not to discriminate in its employment and personnel actions with respect to its
employees and applicants on the basis of marital or familial status. Notwithstanding
this policy, the CostaMesa Sanitary District retains the right to prohibit nepotism to
avoid favoritism, the appearance of favoritism, conflicts in loyalty, discrimination, the
appearance of impropriety, and conflicts of interest in employment decisions.
Section 8.2: DEFINITION
:Nepotism is generally defined as the practice of an
employee or District official using personal influence or power to aid or hinder another in
securing employment, promotion or other benefits because of a personal relationship.
No employee may use power or influence to aid or hinder another in securing
employment, promotion or any other benefit of employment due to a personal
relationship. Personal relationships include, but are not limited to, those by virtue of
blood, marriage, adoption, cohabitation, or dating/sexual relationships.
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Section 8.3:PERSONAL RELATIONSHIPS IN THE WORKPLACE
.District
employees associated by blood, marriage, adoption, cohabitation, or dating/sexual
relationships shall not 1) work in a small unit in close association with one another; 2)
work for the same supervisor; or 3) have a direct or indirect supervisor/subordinate
relationship. If a District employee develops a personal relationship with a co-worker,
then the employees have an obligation to report the personal relationship to the
Administrative Service Manager so that appropriate steps can be taken with respect to
work assignments. The obligation to report any personal relationship is so that the
District may avoid favoritism, the appearance of favoritism, conflicts in loyalty,
discrimination, the appearance of impropriety, and/or conflicts of interest in employment
decisions.
Section 8.2:EMPLOYMENT OF RELATIVES -ELECTED OFFICIALS.
No relative by
blood or marriage, within the third degree of kinship, of an elected officialof the District
shall be appointed to fill any vacancy in the District service during thatofficial's term of
office.
RULE 9 –PERSONNEL FILES, REPORTS AND RECORDS
Section 9.1: OFFICIAL RECORDS
. The Personnel Manager shall keep all official
personnel records necessary for transactions,reference and for making reports
showing administrative actions. Such records include, but are not limited to the
following:records of employment history of each employee, classification plan,
performance evaluation records, compensation plan, files, books and correspondence.
Section 9.2: CHANGE OF STATUS REPORT
.Every appointment, transfer,
promotion, change of salary rate and other temporary or permanent changes in status
of employees must be documented on forms prescribed by the Personnel Manager.
The General Manager must approve all personnel transactions.
Section 9.3: PERSONNEL FILE.
Section 9.3.1: Content Of Personnel Files
.The Personnel Managerwill maintain a
file on each employee which will contain all records and documents pertinent to his/her
employment status and history.
Section 9.3.2: Access To Personnel Files
.The confidential information in personnel
files will not be revealed to outside sources except as required by law, or with the
written consent of the employee. The Personnel Managermay reveal the following
information regarding an employee or ex-employee, in response to outside inquiries:
A. Employee's name.
B. Classification title and department.
C. Status.
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D. Salary Range.
E. Hire date and/or termination date.
This information is a matter of public record and is available to the public. The
employee, his/her immediate supervisor and/or General Managermayinspect the
employee’spersonnel file at any time during the normal working hours ofthe Personnel
Office. Upon request, the employee shall receive a copy of any materials in the
personnel file. An employee shall be furnished a copy of any statement written for
inclusion in the employee's personnel file concerning the employee's conduct or
performance. An employee may prepare material for insertion in his/her personnel file
in response or rebuttal to any derogatory material in that file.
An employee's representative, with the written consent of the employee, mayalso
review that employee's file during normalworking hours in the Personnel Office.
Section 9.3.3: Notifying District of Changes in Personal Information
.Each
employee is responsible for promptly notifying the Personnel Manager of any changes
in relevant personal information, including:
•Mailing address
•Telephone number
•Persons to contact in emergency
•Number and names of dependents
Section 9.3.4: Reference Checks
.All requests from outside the District for reference
checks or verification of employment concerning any current or former employee must
be referred to the Personnel Manager. Information will be released only if the
employee signs an AUTHORIZATION FOR RELEASE OF EMPLOYMENT
INFORMATION, except that without such authorization, the following limited information
will be provided: dates of employment, and salary upon departure. The General
Managerand supervisors shall not provide information in response to requests for
reference checks or verification of employment, unless specifically approved by the
Personnel Manager on a case-by-case basis.
Section 9.4: PERFORMANCE EVALUATIONS
.
A.PURPOSE
The purpose of evaluating performance is to provide formal feedback to the employees
through written and oral communications and discussions. Methods for improving
employee performance are through interim verbal and written communications,
including performance improvement plans and, through the annual evaluation.
B.PROCEDURES
1.The General Manager and Personnel Manager shall evaluate
employee performance annually on all employees in written format.
53
2.The form may be modified over time, but will be based on the
classification responsibilities and cover how well the employee does not meet,
meets or exceeds specific duty assignments in the classification covering the
following categories:
Points shall be awarded as follows: “Unsatisfactory,” one point; “Below average,” two
points; “Competent,” three points; “Above Average, “four points; and “Superior,” five
points.
The 16 rating areas and totalpossible points in each area are as follows:
Observation of hours-3 points
Appearance-3 points
Compliance with Rules and Regulations-3 points
Safety Practices-3 points
Attendance-3 points
Job Knowledge-5 points
Public Contacts-5 points
Cooperation and Attitude-5 points
Rate of Learning-5 points
Efficiency-5 points
Effectiveness Under Stress-5 points
Dependability-5 points
Innovativeness-5 points
Self-Improvement-5 points
Initiative-5 points
Other: Report Writing, Equipment Maint/Care-5 points
Supervisors will be rated in the following areas in addition to those areas listed above:
Leadership-5 points
Productivity-5 points
Evaluating Subordinates-5 points
Supervisory Abilities-5 points
Encourages Suggestions-5 points
3.All District employees hired after July 1, 2004 are at-will
employees. Each employee will be evaluated for suitability in the position on a
continual basis. All new District employees shall be given a six-month
performance evaluation conducted with the supervisor and reviewed annually
thereafter.
4.Employees progressing through their salary ranges shall normally
be evaluated annually. The written performance evaluation shall be used as one
of the justifications to recommend merit increases for employees. Merit
increases are not automatic and must be earned by demonstrating satisfactory
or higher performance. Normally, a merit increase range from 2% to 5% shall be
54
given to employees who, at the minimum, meet standards for satisfactory
performance.
Upon the recommendation of the Supervisor, the General Manager may
authorize the advancement of an employee to a higher step of the salary range
earlier than would normally be attained if exceptional performance warrants
advancement. This special merit increase shall be approved by the General
Manager. No salary advancement shall be made which will exceed the
maximum rate established for the classification. The General Manager is
responsible for final approvals for all District merit increases.
All District employees will receive a salary adjustment equal to the
February to February Consumer Price Index (CPI) for the Orange-Los Angeles-
Riverside Counties. The salary range adjustment will go into effect on July 1.
However, the Board of Directors will have the authority to freeze CPI salary
adjustments at any time.
5.Supervisors may give special evaluations to employees at any
time, based onthe needs of the District and the employees, identifying corrective
actions. The need for such evaluations shall be discussed first with the
Personnel Manager or the General Manager.
6.After rating an employee on the written form, the immediate
supervisor will meet with the evaluated employee to review the evaluation, giving
the employee an opportunity to discuss his/her performance with the supervisor
in depth.
7.The Supervisor, employee, Personnel Manager and the General
Manager shall sign and comment on each employee evaluation. A final copy of
the written evaluation shall be given to the employee for his/her personal files
and reference. The Personnel Manager shall maintain all personnel folders,
including copies of the written performance evaluations. Employees shall have
access to their personnel files upon reasonable notice.
8.Part-time employees may be evaluated annually using the same
procedures and may be considered for merit step increases. Employees working
part-time in any classification may be considered for merit step increases on an
annual basis with the approval of the General Manager.
9.Merit increases will be effective at the beginning of the pay period
including the employee’s merit review date. Merit increases will be applied
retroactively in the event a performance evaluation is not completed within the
appropriate pay period.
10.Approved merit increases based on performance evaluations shall
be documented on a Personnel Action Form and forwarded to the Finance
Managerforimplementation.
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RULE 10-TRAINING
Section 10.1: GENERAL POLICY
.It is the policy of the District to encourage and
promote training and educational opportunities for all District employees sothat the
services they render to the District may be made more effective.
Section 10.2: ORIENTATION OF NEW EMPLOYEES
.Within a reasonable period of
time following initial employment, the Personnel Manager and supervisor shall
familiarize a new employee with the employee's obligations and rights,and also inform
the employee about the functions and operations of the District. The Personnel
Manager shall assist supervisors with the orientation of new employees.
Section 10.3: TIME OF TRAINING PERIODS.
Authorized training periods may be
conducted either during or afternormal workinghours. Training sessions conducted
during normal working hours shall be arranged soas to minimize interference with
scheduled work.
Section 10.4: TYPES OF TRAINING
.For the purpose of administration, the following
categories of training are recognized.
Section 10.4.1:In-Service Training
.Any formal employee training or development
program that is sponsored bythe Districtand conducted during an employee's regular
hours of work. Suchprograms are designed and conducted to meet job related needs
of District employees.
Section 10.4.2:Out-Service Training
.Any formal employee training or development
program that is sponsored andconducted by any agency or organization other than the
District. Assignment tosuch a program is for the purpose of meeting the needs of the
District, forcontinuing employee training development, and the upgrading of employee's
skills. Conferences and seminars that are conducted primarily for training and
educational development purposes are considered out-service training.
Section 10.4.3:Required Out-Service Training.
Required out-service training is
directly related to improving the employee'sperformance of present duties and is
required by the District.
Section 10.4.4:Career-Related Elective Out-ServiceTraining
.Career-related,
elective out-service training is related to improving theemployee's performance of
present or future assignments in the District, and isnot required by the District.
Section 10.5:PAYMENT OF TRAINING EXPENSES
.
Section 10.5.1:Approval Of Supervisor
.No out-service training may be authorized
or expenses paid without the priorapproval of the supervisor.
56
Section 10.5.2:Required Out-Service Training
.When assigned to required out-
service training, the employee receives his/herregular salary and is reimbursed for
tuition, travel, meals and lodging.
Section 10.5.3:Career-Related Out-Service Training
.When an employee desires to
participate in career-oriented out-servicetraining, the supervisormay, within budgetary
limits and inaccordance with Districtpolicies, recommend the payment of regularsalary
and reimbursement up to $5,000a yearfor tuition.Prior to the commencement of
training, approval of the GeneralManager isrequired.
Section 10.5.4:Uncompleted Assignment
.An employee who does not satisfactorily
complete an out-service training or educational assignment according to standards
determined by the Personnel Manager is not eligible for reimbursementof tuition
expenses and shall return any advancepayment received. The employee may also be
subject to disciplinary action as provided in the rules, policies and procedures set forth
in this Employee Handbook.
The employee or his/her estate will receive reimbursement for tuition expenses if the
training assignment is terminated prior tocompletion either:
A.At the convenience of the District
B. Because of death, prolonged illness, disability or other eventuality beyond
the control of the employee as determined by thesupervisorandapproved by the
General Manager
RULE 11–TRANSFER, PROMOTION AND REHIRE
Section 11.1: TRANSFER.
No person shall be transferred to a position for which
he/she does not possess theminimum qualifications. Upon notice to the General
Manager, an employee may betransferred by the supervisor at any time from one
position to another positionin a comparable class. For transfer purposes, a
comparable class is one with the samemaximum salary and benefits, involves the
performance of similar duties,and requiressubstantially the same basic qualifications.
If the transfer involves a change from one Department to another, both supervisors
must consent thereto unless the General Manager directs the transfer for purposes of
economy and efficiency.
Section 11.2: PROMOTIONS
. Insofar as consistent with the best interests of the
District, as determined by the General Manager in consultation with the supervisor,
vacancies may be filled by promotion from within after a promotional examination has
been given and a promotional list has been established.
If, in the opinion of the General Manager,in consultation with a supervisor, a vacancy in
the position could be filled better by an open-competitive examination instead of
57
promotional examination, then the General Managershall arrange for an open
competitive examination and the preparation and certification of an open competitive
employment list, as provided in the rules, policies and procedures set forth in this
Employee Handbook.
Section 11.3:REHIRE
.Asupervisor, with the approval of the General Manager,may
rehire a regular or probationary employee who has completed at least sixmonths of
probationary service and who has resigned with a good record, to avacant position in
the same or comparable classification from which the employee resigned. Upon rehire,
the employee shall be subject to the probationary period prescribed for the class. No
credit for former employment shall be granted in computing salary, vacation, sick leave
or other benefits. If an employee has previously resigned twice from regular positions
the employee may not be considered for rehire.(SeeRule 12.3.)
RULE 12–SEPARATION FROM SERVICE
Section 12.1: DISCHARGE
.An employee may be recommended for discharge at any
time by a supervisor or by the General Manager as provided for in Rule 13. Whenever it
is the recommendation of a supervisor to discharge an employee, the approval of the
General Manager is required.
Section 12.1.1: DISCHARGE PROCEDURE
.
A.For employees who are retiring, resigning, being discharged, or laid off,
the GeneralManager or PersonnelManager shall show the last day worked as the
termination date on the Personnel Action Form which is also the last day physically on
the job. Employees cannot extend their termination date by use of any leave time (i.e.
vacation leave).
B.The Personnel Manager must submit the employee’s final Personnel
Action Form and employee’s time sheet to the GeneralManager in a timely manner for
approval for all terminating employees.
C.The GeneralManager will provide terminating full-time employees the
opportunity to participate in an exit interview. The PersonnelManager shall inform
eligible individuals about continuing benefits for which they are eligible.
D.Terminating employees shall turn in to the PersonnelManager all District
property such as the Employee Handbook, keys, uniforms, identification cards, parking
tags and cell phone.
E.The Finance Managershall authorize processing of the final paycheck
when all personnel actions and forms are submitted. The finalpaycheck will not be
made by direct deposit and will be forwarded to the GeneralManager for distribution to
the terminated employee. Terminating employees will receive their final paycheck on
the next regularly scheduled paycheck date. The District is exempt from California
58
Labor Code Section 201, which states wages earned and unpaid are due and payable
immediately to a discharged employee.
Section 12.2: LAYOFF.
A.POLICY.
The District may abolish a position within a class in the classified service because of
material changes in duties or organization, elimination or reduction in service level,
privatization and/or a shortage of work or funds, which in turn may require the layoff of
one or more employees.
B.PROCEDURE.
1.When a position within a class is abolished thereby necessitating a
layoff, the following procedure shall be followed:
a.Reductions in the workforce shall be made by the Board of
Directors.
b.The General Manager shall notify employees of the intended
action with reasons therefor 30calendar days before the effective date of
the layoff.
c.Reassignment or voluntary demotion within the District to an
equivalent or lower job class may be made to prevent a layoff provided
the employee is qualified by education and/or experience, is capable of
performing the duties of the classification and has satisfactory
performance evaluations for the preceding two years. An employee who is
reassigned or demoted shall be placed on the salary step within the new
classification range closest to the rate of pay the employee previously
received and retain the same anniversary date for purposes of merit pay
increases. An employee so reassigned or demoted shall be reinstated to
the former job class and salary step status when positions in the former
job class become vacant and provided that the employee has performed
satisfactorily in the current position. Reinstatement shall be based on the
employee that has the highestperformance evaluation scoresfor the last
two years. If two or more employees have the same performance
evaluation score, the reinstatement shall be based on seniority.
e.The name of an employee who has been laid off due to the
reduction in the workforce shall be placed on the reemployment list for
his/her job class. The reemployment list shall be used whenever a
vacancy for that class is to be filled. Names will remain on the appropriate
reemployment list for a period of three years from the date of separation.
Reemployment shall be on the basis of previous District seniority. After
separation from the District employment for more than one year, a person
59
rehired may be required to successfully pass a physical and/or
competency examination.
f.Whenever an employee is reemployed to a vacant position
in his/her former job class, he/she shall be given a new anniversary date
for purposes of merit pay increases and performance reviews.
g.An employee rehired from the reemployment list shall be
considered to have continuous service and may be credited with the
amount of accumulated vacation and sick leave he/she had accrued at
the time of layoff if he/she elects to remit to the District any payment
received for the accumulated vacation and sick leave upon separation
from District employment.
h.Failure to return to work from layoff within 21 calendar days
after notice to return by certified or registered mail to the employee at
his/her last known address on file shall constitute the employee’s waiver
of any right to return to work and eliminates any future reemployment
responsibilities placed on the District.
i.All other benefits or programs in effect at the time of layoff
shall be forfeited upon reemployment unless they are still applied to the
old classification at the time of rehire or provided to new hires as of that
date.
Section 12.2.1: General Policy
.An employee may be laid off because of either the
abolition of his/her position or a determination by the Districtthat there is ashortage of
work or funds. The GeneralManager shall determine when and in what position
classifications layoffs are to occur. The Personnel Manager shall be responsible for the
implementation of a layoff order of the GeneralManager in accordance with the
procedures described herein.
Section 12.2.2:Notice of Layoff To Employees
.An employee to be laid offshall be
notified in writing of the impending action at least 10 calendar days in advance of the
effective date of the layoff, or in accordance with the appropriate salary and benefit
plan. The notice shall include the following information:
A. Reason for layoff.
B.Effective date of layoff.
C. Employee rights as provided in these rules.
Section 12.2.3:Removal Of Names From Reinstatement Lists
.The Personnel
Manager may remove an employee's name from a reinstatement list if any of the
following occur:
60
A. The individual indicates in writing that he/she will be unable to return to
employment with the City during the life of the list.
B. The individual cannot be reached by certified mail after reasonable efforts
have been made to do so.
C. The individual refuses two reinstatement offers as confirmed bycertified
mail. It is the employee's responsibility to keep the PersonnelManager advised of any
changes in mailing address or availability.
Section 12.2.4:Employee Rights And Responsibilities
.Inaddition to others
identified herein, employees affected by these procedures shall have the following
rights:
A. Through prior arrangement with his/her immediate supervisor, an
employee may use accrued vacation leave time to seek and apply forother
employment.
B. An employee who has been laid off shall be paid as provided for in the
rules, policies and procedures set forth in this Employee Handbookfor his/her unused
accrued vacationleave on the effective date of the layoff.
C. An employee who has been laid off may be allowed to continue health
insurance coverage in the group at his/her own cost as provided underfederal COBRA
regulations. This provision of health insurance will ceaseif the employee finds other
employment. To have this coverage theemployee must notify the Personnel Manager
in writing within 10days after the receipt of the notification of layoff.
D.When an individual is reinstated he/she shall be entitled to:
1.Accrue vacation leave at the same rate atwhich it was accrued at
thetime of the layoff.
2.Have any unused or uncompensated sick leave reinstated.
An individual reinstated into the job classification from which he/she was
laidoff shall be assigned to the same salary range and step he/she held at the
time of the layoff. An individual reinstated into a job classification other thanthe
classification from which he/she was laid off shall be assigned to thesalary
range of the new classification at the amount closest to the salaryhe/she earned
at the time of the layoff. An individual reinstated into theclassification from which
he/she was laid off while still a probationaryemployee shall complete, upon
return to the job, the remaining portion ofhis/her probationary period, if any, in
effect at the time of the layoff.Inaddition,he/she shall complete one month of
probation for each month laidoff, not to exceed a total probationary period of 12
months. Similarly, anindividual who is reinstated shall complete,upon return to
the job,the samework time he/she would have had to work at the time of the
layoff to attain ahigher vacation leave accrual rate or to become eligible for a
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salary stepincrease, if such changes are possible. An individual who is rehired is
noteligible for the provisions of this subsection (13.2.4D) of this Rule.
Section 12.2.5:Appeals.
An employee aggrieved by actions taken or interpretations
made pursuant tothe procedures described in this Rule may exercise the appeal
procedures ashereinafter provided in Rule 14.Determinations by the General
Manager relativeto when and in what classification layoffs are to occur shall not be
matterssubject to the appeal procedures.
Section 12.3:RESIGNATION
.An employee wishing to leave Districtemployment in
good standing shall file with thesupervisora written resignation stating the effective
date at least two weeksbefore leaving, unless such time limit is waived by the General
Manager.The resignation becomes final upon acceptance by the General Manager.
Once the resignation is accepted bythe General Manager, it may not be withdrawn.
The Districtwill pay anemployee for all hours worked within 72 hours after termination
and all accumulatedreimbursable benefits no later than the nearest payday following
termination of the employee. Failure to give notice as required by thisSectionmay be
cause for denying future employment by the District.Per the discretion of the General
Manager, an employee who resigns from employment with theDistrictfrom two regular
positions may not be consideredfor a third position with the District.
RULE 13–CONDUCT AND DISCIPLINE
Section 13.1: EMPLOYEE CONDUCT GENERALLY
.It is expected that all District
employees shall render the best possible service and reflect credit on the District.
Therefore high standards of conduct are essential.
Section 13.2: IMPROPER EMPLOYEE CONDUCT
. The term "improper conduct"
means not only any improper action by an employee in the employee's official capacity,
but also conduct by an employee not connected with the employee's official duties
which brings discredit to the District, which affects the ability to perform the employee's
duties officially, or any improper use of the position as an employee for personal
advantage. Improper conduct may be cause for disciplinary action. In addition,
improper conduct includes, but is not limited to, the following:
A.Fraud in securing employment or making a materially false statement on
an application for employment or on any supporting documents furnished with or made
a part of any application.
B.Incompetency such as failure to comply with the minimum standards for
an employee's position for a significant period of time.
C.Neglect of duty, such as failure to perform the duties required of an
employee's position.
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D.Willful disobedience and insubordination such as a willful failure to submit
to duly appointed and acting supervision or to conform to duly established orders or
directions of persons in a supervisory position.
E.Dishonesty involving employment.
F.Being under the influence of alcohol or intoxicating drugs while on duty
without a prescription.
G.Addiction to or habitual use of alcoholic beverages, narcotics or any habit-
forming drug.
H.Violation of the District’s Drug and Alcohol Abuse and Contraband Policy.
I.Violation of the District’s Harassment Policy.
J.Violation of the District’s Workplace Violence Prevention Policy.
K.Carrying firearms or other dangerous weapons on District premises,
unless authorized to do so.
L.Inexcusable absence.
M.Conviction of a felony or conviction of a misdemeanor involving moral
turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere,
to a charge of a felony or any offense involving moral turpitude is deemed to be a
conviction within the meaning of this section.
N.Discourteous treatment of the public or other employees.
O.Improper or unauthorized use of District property.
P.Theft.
Q.Any act of conduct undertaken which, either during or outside of duty
hours, is of such a nature that it causes discredit to fall upon the District.
R.Failure to maintain proper conduct during working hours causing discredit
to the District.
S.Mishandling of public funds.
T.Abuse of sick leave.
U.Excessive absenteeism.
V.Inattention to duty, tardiness, indolence, carelessness or negligence in the
care and handling of District property.
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W.The employee's failure to resolve a physical or mental infirmity(s) or
defect(s), when it is within the capacity of the employee to do so and when directed by
his/her supervisor.
X.Outside employment which conflicts with the employee's position and is
not specifically authorized by the Personnel Manager.
Y.Acceptance from any source of any emolument, reward, gift or other form
of remuneration in addition to the employee's regular compensation, as a personal
benefit to the employee for actions performed in the normal course of the employee's
assigned duties.
Z.Falsification of any District report or record, or of any report or record
required to be,or, filed by the employee, including but not limited to time records.
AA.Violation of any of the provisions of this Employee Handbook, District
Operations Code, ordinances, resolutions, or any rules, regulations or policies which
may be prescribed by the Costa Mesa Sanitary District Board of Directors, General
Manager, or supervisor.
BB.Working overtime without prior authorization.
CC.Political activities precluded by Local, State or Federal law.
DD.Other acts which are incompatible with service tothe public.
RULE 14–GRIEVANCE PROCEDURE
Section 14.1:PURPOSE
.The purpose of the Grievance Procedure is to:
A. Afford employees a systematic means of obtaining consideration of
concerns orproblems.
B. Provide that grievances are settled as near as possible to the point of
origin.
C. Provide that appeals are conducted as informally as possible.
Section 14.2:MATTERS SUBJECT TO GRIEVANCE
.Any alleged violation of the
rules, policies and procedures set forth in this Employee Handbook,any alleged
improper treatment of an employee, andany decision affecting an employee's
employment may beconsidered to be a matter subject to review through the grievance
procedure.
Section 14.3:MATTERS NOT SUBJECT TO GRIEVANCE
.Employees may initiate a
grievance and at the first or subsequent steps in the grievance procedure a decision
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may be made that thematter involved is not subject to grievance. Such matters may
include, but are not limited to, merit increases, compensation, work methods,
equipment, hours of work, services provided, staffing levels,allocation to classifications,
and changes in the content of employeeperformance evaluations, verbal or written
reprimands or counseling memos.
Section 14.4:GRIEVANCE PROCEDURE
.
Step One
An attempt must be made to resolve all grievances on an informal basis between the
employee and the immediate supervisor. It is the responsibility of the employee to
initiate this process within seven calendar daysof the date when the aggrieved action
or incident became known to the employee.
Step Two
If the grievance is not satisfactorily resolved on an informal basis, the employee shall
submit the grievance in writing to the employee's immediate supervisor within 15
calendar days after the informal decision of the immediate supervisor. The supervisor
must deliver his/her answer in writing to the employee within 15 calendar days after
receiving the appeal.
Step Three
If the grievance is not satisfactorily resolved at the second step, the employee shall
present his/her appeal to his/her supervisor's immediatesupervisor within 15 calendar
days after receipt of the written decision of his/her supervisor. The supervisor receiving
the appeal shall render a decision, in writing, and return it to theemployee within 15
calendar days after receiving the appeal.
Step Four
If the grievance is not satisfactorily resolved at the thirdstep, the employeeshall submit
the grievance inwriting to the GeneralManager within 15 calendar days after the
decision of the employee’simmediatesupervisoris received. The GeneralManager
shall render a decision in writing tothe employee within 20 calendar days after receiving
the appeal.
Section 14.5:CONDUCT OF GRIEVANCE PROCEDURE.
Section 14.5.1:
Time limits specified above may be extendedto a definite date by
mutualagreement of the employee and the reviewer concerned.
Section 14.5.2:
Employee must be assured freedom from reprisal for using the
grievanceprocedure.
RULE 15–HARASSMENT POLICY
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Section 15.1: PURPOSE.
This harassment policy establishes a strong commitment to
prohibit harassment in employment, to define discrimination and to set forth a
procedure for investigation and resolving internal complaints of harassment.
Section 15.2: DEFINITION.
Disciplinary action up to and including termination will be
instituted for behavior described in the definition of harassment set forth below.
Harassment includes, but is not limited to:
A.Verbal Harassment: For example, epithets, derogatory comments or slurs
based on race, religious creed, color, national origin, ancestry, handicap, disability,
medical condition, marital status, sex or age. This might include inappropriate sex
oriented comments on appearance including dress or physical features or race oriented
stories.
B.Physical Harassment: For example, assault, impeding or blocking
movement, or any physical interference with normal work or movement when directed
at an individual on the basis of race, religious creed, color, national origin, ancestry,
handicap, disability, medical condition, marital status, sex or age. This could be conduct
in the form of pinching, grabbing, patting, propositioning, leering, or making explicit or
implied job threats or promises in return for submission to physical acts.
C.Visual Forms of Harassment: For example, derogatory posters, notices,
bulletins, cartoons, or drawings based on race, religious creed, color, national origin,
ancestry, handicap, disability, medical condition, marital status, sex or age.
D.Sexual Favors: Unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature that is conditioned upon an
employment benefit, unreasonably interferes with an individual’s work performance or
creates an offensive work environment.
Section 15.3:POLICY.
A.The District has a zero tolerance for any conduct that violates this Policy.
Conduct need not rise to the level of a violation of law in order to violate this Policy.
Instead, a single act can violate this Policy and provide grounds for discipline or other
appropriate sanctions. If an employee isin doubt as to whether or not a particular
conduct may violate this Policy, he/she is not engage in the conduct, andmustseek
guidance from a supervisor or the Personnel Manager. The District is committed to
providing a work environment free of unlawful discrimination and harassment and to
discrimination-free hiring practices. The District’s anti-discrimination policy will consist of
the following provisions:
1.Prohibit discriminatory conduct.
2.Require the prompt reporting and investigation of alleged
discriminatory conduct.
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3.Imposing strong sanctions against individuals who violate the
policy.
4.Prohibiting retaliation against those who report or assist in the
investigation of discriminatory conduct as set forth in this policy.
5.Advising persons who believe they have been the subject of
discriminatory conduct of their rights under this policy as well as state and
federal discrimination laws.
B.Discrimination Prohibited: The District will enforce its discrimination policy
by requiring the following of all District employees and officials:
1.All decisions regarding recruitment, hiring, promotions,
assignments, training, or any other term or condition of employment will NOT be
based on an individual’s race, religious creed, color, national origin, ancestry,
handicap, medical condition, marital status, sexual orientation, sex or age.
2.Prohibiting discrimination or harassment against any person on the
basis of race, religious creed, color, national origin, ancestry, handicap, disability,
medical condition, marital status, genetic information, sexual orientation, sex
[including gender identity and gender expression] or age.
3.Prohibiting any District employee or official from sexually harassing
any applicant or employee.
4.Prohibiting the aiding, abetting, or encouraging harassment or
discrimination on the basis of race, religious creed, color, national origin,
ancestry, handicap, disability, medical condition, genetic information, marital
status, sex [including gender identity and gender expression] or age.
5.Prohibiting any retaliation or discrimination against any individual
because that individual has:
a.Opposed any unlawful practice.
b.Reported any act of discrimination inaccordance with this
policy or the California Fair Employment and Housing Act.
c.Cooperated with the District or a local or state or federal
agency with authority to resolve such a complaint of discrimination in the
investigation of that complaint.
d.Filed or assisted in the filing of a discrimination complaint
with the District or a local or state or federal agency with appropriate
jurisdiction to resolve such a complaint.
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C.Enforcement Responsibility: All District supervisory employees are
responsible for ensuring all employees under their direction or control comply with this
policy. Each supervisor will be responsible for monitoring the activities of all employees
under his/her supervision with the potential to lead to a violation of this policy and, after
consultation with the General Manager or PersonnelManager, will take appropriate
corrective action. Corrective action may include counseling and/or other disciplinary
action, including possible termination.
Section 15.4: PROCEDURE.
A.Complaint Procedure: An employee or job applicant who believes he/she
has been harassed may make a written or oral complaint to any of the following:
1.Immediate supervisor
2.Personnel Manager
3.General Manager
B.Upon notification of a harassment complaint, the General Manager, after
consultation with the Personnel Manager, shall:
1.Authorize the investigation of the complaint and supervise and/or
investigate the complaint. The investigation will include interviews with:
a.The complainant,
b.The accused harasser, and
c.Any other persons believed to have relevant knowledge
concerning the complaint.
2.Review the factual information gathered through the investigation
to determine whether the alleged conduct constitutes harassment with all
circumstances considered, including the nature of the verbal, physical, visual or
sexual conduct and the contextin which the alleged incidents occurred.
3.Report the results of the investigation and the determination as to
whether harassment occurred to appropriate persons, including to the
complainant, the alleged harasser and the supervisor. If discipline is imposed,
the discipline will not be communicated to the complainant.
4.If the harassment occurred, take effective remedial action against
the harasser.The action will be commensurate with the severity of the offense.
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5.Take reasonable steps to protect the victim from further
harassment and any retaliation as a result of communicating the complaint.
C.Dissemination Policy: This policy shall be postedin appropriate visible
locations.
D.The District takes a proactive approach to potential Policy violations and
will conduct an investigation if its officers, supervisors, or managers become aware that
harassment, discrimination, or retaliation may be occurring, regardless of whether the
recipient or third party reports a potential violation.
E.Option to Report to Outside Administrative Agencies: An individual has
the option to report harassment, discrimination, or retaliation to the U.S. Equal
Employment Opportunity Commission (EEOC) or the California Department of Fair
Employment and Housing (DFEH). These administrative agencies offer legal remedies
and a complaint process. The nearest offices are listed in the government section of
the telephone book or employees can check the posters that are located on employer
bulletin boards for office locations and telephone numbers.
F.Confidentiality: Every possible effort will be made to assure the
confidentiality of complaints made under this Policy. Complete confidentiality cannot
occur, however, due to the need to fully investigate and the duty to take effective
remedial action. As a result, confidentiality will be maintained to the extent possible.
An individual who is interviewed during the courseof an investigation is prohibited from
discussing the substance of the interview, except as otherwise directed by a supervisor
or the Personnel Manager. Any individual who discusses the content of an
investigatory interview will be subject to discipline or other appropriate sanction. The
District will not disclose a completed investigation report expect as it deems necessary
to support a disciplinary action, to take remedial action, to defend itself in adversarial
proceedings, or to comply with the law or court order.
G.Responsibilities: Manager and Supervisors are responsible for:
1.Informing employees of this Policy.
2.Modeling appropriate behavior.
3.Taking all steps necessary to prevent harassment, discrimination,
or retaliation from occurring.
4.Receiving complaints in a fair and serious manner, and
documenting steps taken to resolve complaints.
5.Monitoring the work environment and taking immediate appropriate
action to stop potential violations, such as removing inappropriate pictures or
correcting inappropriate language.
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6.Following up with those who complained to ensure that the
behavior has stopped and that there are no reprisals.
7.Informing those who complain of harassment or discrimination of
his or her option to contact EEOC or DFEH regarding alleged Policy violations.
8.Assisting, advising, or consulting with employees and the
Personnel Managerregarding this Policy and Complaint Procedure.
9.Assisting in the investigation of complaints involving employee(s) in
their departments and, if the complaints substantiated, recommending
appropriate corrective or disciplinary action in accordance with thisEmployee
Handbook, up to and including termination.
10.Implementing appropriate disciplinary and remedial actions.
11.Reporting potential violations of this Policy of which he or she
becomes aware, regardless of whether a complaint has been submitted, to the
Personnel Manager or General Manager.
12.Participating in periodic training and scheduling employees for
training.
Each employee or contractor is responsible for:
1.Treating all employees and contractors with respect and
consideration
2.Modeling appropriate behavior.
3.Participating in periodic training.
Section 15.5:VIOLATION OF POLICY.VIOLATION OF THIS HARASSMENT
POLICY GENERALLY SHALL CONSTITUTE JUST AND REASONABLE CAUSE FOR
DISCIPLINE, UP TO AND INCLUDING TERMINATION.
RULE 16–ZERO TOLERANCE INCIVILITY AND BULLYING POLICY
Section 16.1: POLICY.
The District has a zero tolerance policy for incivility and
bullying in the workplace. Understanding and mutual respect toward all individuals are
essential elements to the existence of a safe and healthy workplace. Any employee
who commits an act of incivility or bullying is subject to disciplinary action up to and
including termination. This policy applies to all District personnel.
Section 16.2: INCIVILITY.
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A.Uncivil office behavior includes acting in a characteristically rude and
discourteous manner and, displaying a lack of regard for others. Examples include:
taking someone else’s food or beverage, purposely not greeting or acknowledging
someone at the office, taking the last cup of coffee and not making more, and not giving
credit to a colleague on a project. When incivility is extensive it leads to lower job
satisfaction, decrease in performance, higher absenteeism, and low morale.
B.Preventive/Response Measure: Treat other workers the way you would
like to be treated, extend common courtesies, maintain appropriate boundaries, and
ask for assistance from management or human resources when needed.
Section 16.3: BULLYING.
A.Workplace bullying is behavior that harms, intimidates, offends, degrades,
or humiliates an employee, possibly in front of other employees, clients, or customers.
Workplace bullying may cause the loss of trained and talented employees, reduce
productivity and morale, and create legal risks. Examples of bullying include: spreading
rumors, gossip and innuendo, intimidating a person, undermining or deliberately
impeding a person’s work, physically abusing or threatening abuse, removing areas of
responsibilities without cause, withholding necessary information, making jokes that
are obviously offensive, intruding on a person’s privacy by pestering/spying/stalking,
under work-creatinga feeling of uselessness, yelling or using profanity, criticizing a
person consistently or constantly, belittling a person’s opinion, unwarranted
punishment, blocking applications for training/leave/ promotion, tampering with a
person’s personal belongings. If in doubt if an action could be bullying,ask yourself if a
reasonable person would consider the action acceptable.
B.Preventive/Response Measure: Report bullying to your supervisor or
Personnel Manager. An informal investigation will be conducted. In the event the
informal stage is not sufficient, or the offense is of a serious nature, a formal
investigation will be conducted. Any reports of workplace bullying will be treated
seriously and investigated promptly. Managers and supervisors must ensure employees
who make complaints, or witnesses are not victimized.
Section 16.4:TRAINING.
In order to eliminate and/or minimize risks involved with
incivility and bullying, the Personnel Manager is responsible for scheduling training for
employees. Staffis responsible for implementing the training. Managers and
Supervisors are responsible for enforcing the policy.
RULE 17–WORKPLACE VIOLENCE PREVENTION POLICY
Section 17.1: PURPOSE.
The purpose of this policy is to maintain a zero tolerance
standard of violence in the workplace. This policy provides District employees with
guidance that will maintain an environment at and within District premises and facilities
as well as events that are free of violence and the threat of violence. This policy applies
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to all full-time and part-time employees and includes volunteers, temporary and
provisional employees as well as contracted employees.
Section 17.2: POLICY.
The District prohibits violent behavior of any kind or threats of
violence, either implied or direct, in District premises and facilities as well as at District
sponsored events. Such conduct by a District employee will not be tolerated. An
employee who exhibits violent behavior may be subject to criminal prosecution and
shall be subject to disciplinary action up to and including termination. Violent threats or
actions by a non-employee may result in criminal prosecution. The District will
investigate all complaints filed and will also investigate any possible violation of this
policy of which District management are made aware. Retaliation against a person who
makes a good faith complaint regarding violent behavior or threats of violence made to
him/her is also prohibited.
Section 17.3: DEFINITIONS.
A.Workplace Violence: Behavior in which an employee, former employee or
visitor to a workplace inflicts or threatens to inflict damage to property, serious harm,
injury or death to others at the workplace.
B.Threat: The implication or expression of intent to inflict physical harm or
actions thata reasonable person would interpret as a threat to physical safety or
property.
C.District premises or District facilities means all property of the District
including, but not limited to the offices, facilities and surrounding areas on District-
owned or-leased property, parking lots, and storage areas. The term also includes
District-owned or -leased vehicles and equipment wherever located, as well as, pump
station, sites, sewer line, excavation sites.
D.Intimidation: Making others afraid or fearful through threatening behavior.
E.Zero-tolerance: A standard that establishes that any behavior, implied or
actual that violates the policy will not be tolerated.
F.Court Order: An order by a Court that specifies and/or restricts the
behavior of an individual. Court orders may be issued in matters involving domestic
violence, stalking or harassment, among other types of protective orders, including
Temporary Restraining Orders.
Section 17.4: PROHIBITED BEHAVIOR.
A.Violence in the workplace may include, but is not limited to the following
list of prohibited behaviors directed at or by a co-worker, supervisor or member of the
public:
1.Direct threats or physical intimidation.
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2.Implications or suggestions of violence.
3.Stalking including following to and from work.
4.Possession of weapons of any kind on District premises, including
parking lots, other exterior premises or while engaged in activities for District in
other locations, or at District sponsored events.
5.Assault of any form.
6.Physical restraint or confinement.
7.Dangerous or threatening horseplay.
8.Loud, disruptive or angry behavior or language that is clearly not
part of the typical work environment.
9.Blatant or intentional disregard for the safety or well-being of
others.
10.Commission of a violent felony or misdemeanor on District
premises.
11.Any other act that a reasonable person would perceive as
constituting a threat of violence.
B.Domestic violence, while often originating in the home, can significantly
impact workplace safety and the productivity of victims as well as co-workers. For the
purposes of this document, "domestic violence" is defined as abuse committed against
an adult or fully emancipated minor. Abuse is the intentional or reckless attempt to
cause bodily injury, sexual assault, threatening behavior, harassment, or stalking, or
making annoying phone calls to a person who is in any of the following relationships:
1.Spouse or former spouse;
2.Domestic partner or former domestic partner;
3.Cohabitant or former cohabitant and or other household members;
4.A person with whom the victim is having, or has had, a dating or
engagement relationship;
5.A person with whom the victim has a child.
6.The District recognizes that domestic violence mayoccur in
relationships regardless of the marital status, age, race, or sexual orientation of
the parties.
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C.REPORTING ACTS OR THREATS OF VIOLENCE.
An employee who:
1.is the victim of violence, or
2.believes they have been threatened with violence,or
3.witnesses an act or threat of violence towards anyone else shall
take the following steps:
a.If an emergency exists and the situation is one of immediate
danger, the employee shall contact the Costa Mesa Police Department by
dialing 9-1-1, or push the emergency button located underneath the front
counter and may take whatever emergency steps are available and
appropriate to protect himself/herself from immediate harm, such as
leaving the area.
b.If the situation is not one of immediate danger, the employee
shall report the incident to the appropriate supervisor or manager as soon
as possible and complete the District’s Workplace Violence Incident
Report Form.
D.PROCEDURES FOR FUTURE VIOLENCE.
1.Employees who have reason to believe they, or others, may be
victimized by a violent act sometime in the future, at the workplace or as a direct
result of their employment with the District, shall inform their supervisor by
immediately completing a Workplace Violence Incident Report Form so
appropriate action may be taken. The supervisor shall inform the General
Manager and the local law enforcement officials.
2.Employees who have signed and filed a restraining order,
temporary or permanent, against an individual due to a potential act of violence,
whowould be in violation of the order by coming near them at work, shall
immediately supply a copy of the signed order to their supervisor. The supervisor
shall provide copies to the General Manager and to the Costa Mesa Police
Department.
E.INCIDENT INVESTIGATION.
1.Acts of violence or threats will be investigated immediately in order
to protect employees from danger, unnecessary anxiety concerning their welfare,
and the loss of productivity. The General Manager will cause to be initiated an
investigation into potential violation of work rules/policies. Simultaneously, the
General Manager will refer the matter to local police for their review of potential
violation of civil and/or criminal law.
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2.Procedures for investigating incidents of workplace violence
include:
a.Visiting the scene of an incident as soon as possible.
b.Interviewing injured and threatened employees and
witnesses.
c.Examining the workplace for security risk factors associated
with the incident, including any reports of inappropriate behavior by the
perpetrator.
d.Determining the cause of the incident.
e.Taking mitigating action to prevent the incident from
recurring.
f.Recording the findings and mitigating actions taken.
3.In appropriate circumstances, the District will inform the reporting
individual of the results of the investigation. To the extent possible, the District
will maintain the confidentiality of the reporting employee and the investigation
but may need to disclose results in appropriate circumstances; for example, in
order to protect individual safety. The District will not tolerate retaliation against
any employee who reports workplace violence.
F.MITIGATING MEASURES.
Incidents which threaten the security of employees shall be mitigated as soon as
possible following their discovery. Mitigating actions include:
1.Notification of law enforcement authorities when a potential criminal
act has occurred.
2.Provision of emergency medical care in the event of any violent act
upon an employee.
3.Post-event trauma counseling for those employees desiring such
assistance.
4.Assurance that incidents are handled in accordance with the
Workplace Violence Prevention policy.
5.Requesting District Counsel file a restraining order as appropriate.
G.TRAINING AND INSTRUCTION.
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1.The District shall be responsible for ensuring that all employees,
including managers and supervisors, are provided training and instruction on
general workplace security practices. Managers and supervisors shall be
responsible for ensuring that all employees are provided training and instructions
on job specific workplace security practices.
2.Training and instruction shall be provided as follows:
a.To all current employees when the policy is first
implemented. Employees will be required to sign a written
acknowledgment that the policy has been received and read.
b.To all newly hired employees, supervisors and managers, or
employees given new job assignments for which specific workplace
security training for that job assignment has not previously been provided.
Employees will be required to sign a written acknowledgment that the
policy has been received and read.
c.To affected employees whenever management is made
aware of a new or previously unrecognized hazard.
3.Workplace security training and instruction includes, but is not
limited to, the following:
a.Preventive measures to reduce the threat of workplace
violence, including procedures for reporting workplace security hazards.
b.Methods to diffuse hostile or threatening situations.
c.Escape routes.
d.Explanation of this Workplace Violence Prevention Policy.
In addition, specific instructions shall be provided to all employees
regarding workplace security hazards unique to their job assignment.
RULE 18–DRUG AND ALCOHOL ABUSE AND CONTRABAND POLICY
Section 18.1: PURPOSE.
Costa Mesa Sanitary District recognizes that the use of
alcohol and/or controlled substances in the workplace is not conducive to safe working
conditions. In order to promote a safe, healthy and productive work environment for all
employees, it is the objective of the District to have a work force that is free from the
influence of alcohol and controlled substances. The purpose of this policy is to outline
the goals and objectives of the Costa MesaSanitary District’s (District) drug and alcohol
testing program and provide guidance to supervisors and employees concerning their
responsibilities for carrying out the program. The Costa Mesa Sanitary District reserves
the right to amend this policy from time to time in order to comply with changes,
amendments or interpretations of Federal Regulations.
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Section 18.2: POLICY.
A.The District has a vital interest in maintaining a safe, healthy, and efficient
working environment. Being under the influence of a drug or alcohol on the job poses
serious safety and health risks to the user and to all those who work with the user. The
use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and
being under the influence of alcohol poses unacceptable risks for safe, healthy, and
efficient operations.
B.The District has the right and obligation to maintain a safe, healthy, and
efficient workplace for all of its employees, and to protect the organization’s property,
information, equipment, operations and reputation, as well as protecting the public.
C.The District recognizes its obligations to the public for the provision of
services that are free of the influence of illegal drugs and alcohol, and will endeavor
through this policy toprovide drug-and alcohol-free services.
D.The District further expresses its intent through this policy to comply with
federal and state rules, regulations or laws that relate to the maintenance of a
workplace free from illegal drugs and alcohol.
E.Asa condition of employment, all employees are required to abide by the
terms of this policy and to notify District management of any criminal drug statute
conviction for a violation occurring in the workplace no later than five days after such
conviction.
F.The District has a heightened interest in safety concerns with heavy
equipment operators and others who operate potentially dangerous equipment that
justifies special provisions relating to those employees.
Section 18.3: DEFINITIONS.
A.ACCIDENT-means an unintended happening or mishap where there is loss
of human life (regardless of fault), bodily injury or significant property damage.
B. ADULTERATED SPECIMEN-means a specimen that has been altered, as
evidenced by test results showing either a substance that is not a normal constituent for
that type of specimen or showing an abnormal concentration of an endogenous
substance.
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C. ALCOHOLthe intoxicating agent in beverage alcohol, ethyl alcohol or other
low molecular weight alcohol including methyl or isopropyl alcohol, including but not
limited to beer, wine and distilled spirits.
D. ALCOHOL CONCENTRATION -means the alcohol in a volume of breath
expressed in terms of grams of alcohol per 210 liters of breath as indicated by an
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evidential breath test under this regulation. For example, 0.02 means 0.02 grams of
alcohol in 210 liters of expired deep lung air.
E. ALCOHOL USE -means consumption of any beverage, mixture, or
preparation, including any medication containing ethyl alcohol. Since ingestion of a
given amount of alcohol produces the same alcohol concentration in an individual
whether the alcohol comes from a mixed drink or cough syrup, the Department of
Transportation prohibits the use of any substance containing alcohol, such as
prescription or over-the-counter medication or liquor-filled chocolates. Prescription
medications containing alcohol may have a greater impairing affect due to the presence
of other elements (e.g., antihistamines).
F. BREATH ALCOHOL TECHNICIAN (BAT) -means a person trained to
proficiency in the operation of the Evidential Breath Testing (EBT) device that the
technician is using in the alcohol testing procedures. BATs are the only qualified
personnel to administer the EBT tests.
G.CHAIN OF CUSTODY -means the procedures to account for the integrity of
each urine specimen by tracking its handling and storage from point of collection to final
disposition.
H. COLLECTION SITE -means a place designated by the District where
individuals present themselves for the purpose of providing a specimen of either urine
and/or breath.
I.COMMERCIAL MOTOR VEHICLE -means a motor vehicle, or combination of
motor vehicles used in commerce to transport passengers or property if the motor
vehicle: (1) has a gross combination weight rating of 26,001 or more pounds inclusive
of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or (2)
has a gross vehicle weight rating of 26,001 or more pounds; or (3) is designed to
transport 16 or more passengers, including the driver; or (4) is of any size and is used
in the transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act and which require the motor vehicle to be
placarded under the Hazardous Materials Regulations.
J. CONFIRMATION TEST -for alcohol testing means a second test, following a
screening test with a result of 0.02 or greater, that provides quantitative data of alcohol
concentration. For controlled substances testing this means 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 principle from that
of the screen test in order to ensure reliability and accuracy. (Gas
chromatography/mass spectrometry (CG/MS) is the only authorized confirmation
method of cocaine, marijuana, opiates, amphetamines, and phencyclidine.)
K. CONTRABAND-any article, the possession of which on District premises or
while on District business, causes an employee to be in violation of District Personnel
Rules and Regulations or state and/or federal law. Contraband includes illegal drugs,
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drug paraphernalia, lethal weapons, firearms, explosives, incendiaries, and stolen
property.
L. CONTROLLED SUBSTANCE (DRUG)TEST -A method of detecting and
measuring the presence of alcohol and other controlled substances, whether legal or
illegal, in a person's body. A controlled substance test may be either an initial test or
confirmation test. An initial controlled substance test is designed to identify specimens
having concentrations of a particular class of drug above a specified concentration
level. It eliminates negative specimens from further consideration.
Controlled substances will be tested under the Department of Health and Human
Services guidelines. The primary (initial or screening) controlled substance test
thresholds for a verified positive test result are those that are equal to or greater than:
Amphetamines
Amphetamine/Methamphetamine (1)
500 ng/ml
MDMA (Methylenedioxymethamphetamine)500 ng/ml
Cocaine Metabolites150 ng/ml
Marijuana Metabolites50 ng/ml
Opiate Metabolites
Codeine/Morphine (2)2000 ng/ml
6-Acetylmorphine10 ng/ml
Phencyclidine (PCP)25 ng/ml
A confirmation drug testing is a second analytical procedure to detect the presence of a
specific drug or its metabolite. The confirmation procedure is conducted independent of
the initial test and uses a different technique and chemical principle in order to confirm
reliability and accuracy. The confirmatory controlled substance test thresholds for a
verified positive test result are those that are equal to or greater than:
Amphetamines
Amphetamine250 ng/ml
Methamphetamine (3)250 ng/ml
MDMA (Methylenedioxymethamphetamine)250 ng/ml
MDA (Methlenedioxyamphetamine)250 ng/ml
MDEA (Methlenedioxyethamphetamine)250 ng/ml
Cocaine Metabolite (Benzoylecgonine)100 ng/ml
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Marijuana Metabolite
(THCA: Delta-9-tetrahydrocannabinol-9-carboxylic acid)15 ng/ml
Opiate Metabolites
6-Acetylmorphine10 ng/ml
Codeine2000 ng/ml
Morphine2000 ng/ml
Phencyclidine (PCP)25 ng/ml
(1) Methamphetamine is the target analyte
(2) Morphine is the target analyte
(3) Specimen must also contain amphetamineat a concentration greater
than or equal to100 ng/ml
M. COVERED EMPLOYEE -means a person including a volunteer, applicant, or
transferee, who performs a safety-sensitive function for the District.
N. DEPARTMENT OF TRANSPORTATION GUIDELINES -means the controlled
substance and alcohol testing rules (49 CFR Part 199 (PHMSA -Pipeline), Part 219
(FRA -Railroad), Part 382 (FMCSA -Commercial Motor Vehicle), 654 (FTA -Mass
Transit) and 14 CFR 61 (FAA -Aviation) et. al.) setting forth the procedures for
controlled substance and alcohol testing (49 CFR Part 40) in all the transportation
industries.
O.DESIGNATED EMPLOYER REPRESENTATIVE (DER) -means an
employee authorized by the employer to take immediate action to remove employees
from safety-sensitive duties and to make required decisions in testing. The DER also
receives test results and other communications for the employer, consistent with
Department of Transportation Guidelines.
P. DILUTE SPECIMEN -means a specimen with creatinine and specific gravity
values that are lower than expected for human urine.
Q.DISTRICT -means Costa Mesa Sanitary District
DISTRICT PREMISES OR DISTRICT FACILITIES-all property of District including, but
not limited to the offices, facilities and surrounding areas on District-owned or -leased
property, pump stations, sewer lineeasement areas, parking lots, and storage areas.
The term also includes District-owned or -leased vehicles and equipment wherever
located.
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R. DISTRICT TIME -means any period of time in which the safety-sensitive
employee is actually performing, ready to perform, or immediately available to perform
any safety-sensitive functions.
S. DRIVER -means any person who operates a commercial motor vehicle. This
includes 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 an employer or who operate a commercial motor vehicle
at the direction of or with the consent of an employer. For the purposes of pre-
employment/pre-duty testing only, the term driver includes a person applying to an
employer to drive a commercial motor vehicle.
T. DRUG TESTING-the scientific analysis of urine, blood, breath, saliva, hair,
tissue, and other specimens of the human body for the purpose of detecting a drug or
alcohol.
U. DRUG (CONTROLLED SUBSTANCE) METABOLITE -means the specific
substance produced when the human body metabolizes (changes) a given drug
(controlled substance) as it passes through the body and is excreted in urine.
V. EVIDENTIAL BREATH TESTING DEVICE (EBT) -means the device to be
used for breath alcohol testing.
HHS -means the United States Department of Health and Human Services.
W. ILLEGAL DRUG-any drug which is not legally obtainable; any drug which is
legally obtainable but has not been legally obtained; any prescribed drug not legally
obtained; any prescribed drug not being used for the prescribed purpose; any over-the-
counter drug being used at a dosage level other than recommended by the
manufacturer or being used for a purpose other than intended by the manufacturer; and
any drug being used for a purpose not in accordance with bona fide medical therapy.
Examples of illegal drugs are cannabis substances, such asmarijuana and hashish,
cocaine, heroin, methamphetamine, phencyclidine (PCP), and so-called designer drugs
and look-alike drugs.
X. INITIAL SPECIMEN VALIDITY TEST -means the first test used to determine
if a urine specimen is adulterated, diluted,substituted, or invalid.
Y. INVALID DRUG TEST -means the results reported by an HHS-certified
laboratory in accordance with the criteria established by HHS Mandatory Guidelines
when a positive, negative, adulterated, or substituted result cannot be established for a
specific drug or specimen validity test.
Z. LABORATORY -means any United States laboratory certified by HHS under
the National Laboratory Certification Program as meeting the minimum standards of
HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; or, in the
case of foreign laboratories, a laboratory approved for participation by DOT under 49
CFR Part 40.
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AA. LEGAL DRUG-any prescribed drug or over-the-counter drug that has been
legally obtained and is being used for the purpose for which prescribed or
manufactured.
BB. LIMIT OF DETECTION (LOD) -means the lowest concentration at which a
measurecan be identified, but (for quantitative assays) the concentration cannot be
accurately calculated.
CC. LIMIT OF QUANTITATION -for quantitative assays, means the lowest
concentration at which the identity and concentration of the measurand can be
accurately established.
DD. MEDICAL REVIEW OFFICER (MRO) -means a licensed physician
responsible for analyzing laboratory results generated by an employer's controlled
substance (drug) testing program. The MRO is knowledgeable about substance abuse
disorders and has appropriate medical training to interpret and evaluate positive test
results.
EE. NEGATIVE DILUTE TEST RESULTS -means drug test results that are
negative for the five drug/drug metabolites but has a specific gravity value lower than
expected for human urine.
FF. NEGATIVE TEST RESULTS -means for: (1) a drug test the result reported
by an HHS-certified laboratory to an MRO whena specimen contains no drug or the
concentration of the drug is less than the cutoff concentration level for the drug or drug
class and the specimen is a valid specimen; and (2) an alcohol test with an alcohol
concentration of less than 0.02 BAC.
GG.NON-NEGATIVE TEST RESULTS -means a test result found to be
adulterated, substitute, invalid, or positive for drug/drug metabolites.
HH. PERFORMING (SAFETY SENSITIVE FUNCTION) -means a safety-
sensitive employee is considered to be performing a safety sensitive function and
includes any period in which the safety-sensitive employee is actually performing, ready
to perform, or immediately available to perform such functions.
II.POSITIVE TEST RESULTS -means for: (1) for a drug test means the result
reported by an HHS-certified laboratory when a specimen contains a drug or drug
metabolite equal to or greater than the cutoff concentrations; and (2) an alcohol test
with a confirmed alcohol concentration of 0.04 BAC or greater.
JJ. POST-ACCIDENT ALCOHOL AND/OR CONTROLLED SUBSTANCE
TESTING -conducted after accidents on employees whose performance could have
contributed to the accident. For drivers this is determined by a citation for a moving
traffic violation and for all fatal accidents even if the driver is notcited for a moving
traffic violation. See Accident.
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KK. PRE-EMPLOYMENT CONTROLLED SUBSTANCE TESTING -conducted
before applicants are hired or after an offer to hire, but before actually performing
safety-sensitive functions for the first time. Also required when employees transfer to a
safety sensitive-position.
LL. PROHIBITED DRUGS (CONTROLLED SUBSTANCES) -means
Amphetamines, Cocaine, Marijuana, Opiates or Phencyclidine.
MM. PROHIBITED SUBSTANCES -means and is synonymous to drug abuse
and/or alcohol misuse or abuse.
NN. RANDOM ALCOHOL AND/OR CONTROLLED SUBSTANCE TESTING -
conducted on a random unannounced basis just before, during or just after
performance of safety sensitive functions.
OO.REASONABLE BELIEF-a belief based on objective facts sufficient to lead a
prudent person to conclude that a particular employee is unable to satisfactorily perform
his or her job duties due to drug or alcohol impairment. Such inability to perform may
include, but not be limited to, decreases in the quality or quantity of the employee’s
productivity, judgment, reasoning, concentration and psychomotor control, and marked
changes in behavior. Accidents, deviations from safe working practices, and erratic
conduct indicative of impairment are examples of “reasonable belief” situations.
PP. REASONABLE SUSPICION ALCOHOL AND/OR CONTROLLED
SUBSTANCE TESTING -conducted when a trained supervisor observes behavior or
appearance that is characteristic of alcohol misuse or controlled substance abuse.
QQ.RECONFIRMED -means the result reported for a split specimen when the
second laboratory is able to corroborate the original result reported for the primary
specimen.
RR. REFUSE TO SUBMIT (TO AN ALCOHOL AND/OR CONTROLLED
SUBSTANCE TEST) -The following are considered a refusal to test if the employee:
(a) Fails to appear for any test (excluding pre-employment) within a reasonable time, as
determined by the employer, after being directed to do so by the employer; or (b) Fails
to remain at the testing site until the testing process is complete; or (c) Fails to provide
a urine or breath specimen for any drug or alcohol test required by Part 40 or DOT
agency regulations; or (d) In the case of a directly observed or monitored collection in a
drug test, fails to permit the observation or monitoring of your provision of a specimen;
or (e) Fails to provide a sufficient amount of urine or breath when directed, and it has
been determined, through a required medical evaluation, that there was no adequate
medical explanation for the failure; or (f) Fails or declines to take a second test the
employer or collector has directed you to take; or (g) Fails to undergo a medical
examination or evaluation, as directed by the MRO as part of the verification process, or
as directed by the DER as part of the 'shy bladder' or 'shy lung' procedures; or (h) Fails
to cooperate with any part of the testing process (e.g., refuse to empty pockets when so
directed by the collector, behave in a confrontational way that disrupts the collection
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process); or (i) Ifthe MRO reports that there is verified adulterated or substituted test
result; or (j) Failure or refusal to sign Step 2 of the alcohol testing form.
SS. REHABILITATION -The total process of restoring an employee to
satisfactory work performance through constructive confrontation, referral to the SAP
and participation in SAP recommendations such as education, treatment and/or support
groups to resolve personal, physical or emotional/mental problems which contributed to
job problems.
TT.REJECTED FOR TESTING -means the result reported by an HHS-certified
laboratory when no tests are performed for a specimen because of a fatal flaw or a
correctable flaw that is not corrected.
UU.RETURN-TO-DUTY AND FOLLOW-UP ALCOHOL AND/OR CONTROLLED
SUBSTANCE TESTING -conducted when an individual who has violated the prohibited
alcohol or controlled substance conduct standards returns to performing safety
sensitive-duties. Follow-up tests are unannounced and at least 6 tests must be
conducted in the first 12 months afteran employee returns to duty. Follow-up testing
may be extended for up to 60 months following return to duty upon the SAP
recommendation.
VV.RETURN-TO-DUTY AGREEMENT -means a document agreed to and
signed by the employer, safety-sensitive employee and the Substance Abuse
Professional that outlines the terms and conditions under which the safety-sensitive
employee may return to duty after having had a verified positive controlled substance
test result or an alcohol concentration of 0.04 or greater on an alcohol test.
WW.SAFETY-SENSITIVE EMPLOYEE (FUNCTION AND/OR POSITION) -An
employee is considered to be performing a safety-sensitive function during any period
in which that employee is actually performing, ready to perform, or immediately
available to perform any safety-sensitive functions.
XX.SCREENING (INITIAL) TEST -In alcohol testing, it means an analytical
procedure to determine whether a safety-sensitive employee may have a prohibited
concentration of alcohol in their system. In controlled substance testing, it means an
immunoassay screen to eliminate negative urine specimens from further consideration.
YY.SPLIT SPECIMEN COLLECTION -means a collection in which the urine
collected is divided into two separate specimen bottles, the primary specimen (Bottle A)
and the split specimen (Bottle B).
ZZ.SUBSTANCE ABUSE PROFESSIONAL (SAP) -means a licensed physician
(Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social
worker (with knowledge of and clinical experience in the diagnosis and treatment of
drug and alcohol-related disorders, the license alone does not authorize this), Certified
Employee Assistance Professional (CEAP), or addiction counselor certified by the
National Association of Alcoholism and Drug Abuse Counselors Certification
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Commission (NAADAC) with knowledge of and clinical experience in the diagnosis and
treatment of alcohol and controlled substances-related disorders.
AAA.SUBSTITUTED SPECIMEN -means a specimen with creatinine and
specific gravity values that are so diminished that they are not consistent with normal
human urine.
BBB.SUPERVISOR -means a person in authority who has had one hour of
training on the signs and symptoms of alcohol abuse and an additional hour of training
on the signs and symptoms of controlled substance abuse.
CCC.UNDER THE INFLUENCE-a condition in which a person is affected by a
drug or by alcohol in any detectable manner. The symptoms of influence are not
confined to those consistent with misbehavior, nor to obvious impairment of physical or
mental ability, such as slurred speech or difficulty in maintaining balance. A
determination of being under the influence can be established by a professional
opinion, a scientifically valid test, such as urinalysis or bloodanalysis, and in some
cases by the opinion of a layperson.
DDD.VEHICLE -means a bus, electric bus, van, automobile, rail car, trolley car,
trolley bus, or vessel used for mass transportation
EEE.VERIFIED NEGATIVE DRUG TEST -means a drug test resultreviewed by
a Medical Review Officer and determined to have no evidence of prohibited drug use
above the minimum cutoff levels established by Department of Transportation
Guidelines.
FFF.VERIFIED POSITIVE DRUG TEST -means a drug test result reviewed by
a Medical Review Officer and determined to have evidence of prohibited drug use
above the minimum cutoff levelsestablished by Department of Transportation
Guidelines.
Section 18.4:EDUCATION.
A.Supervisors and other management personnel are to be trained in:
1.Detecting the signs and behavior of employees who may be using
drugs or alcohol in violation of this policy;
2.Intervening in situations that may involve violations of this policy;
3.Recognizing the above activities as a direct job responsibility.
B. Employees are to be informed of:
1.The health and safety dangers associated with drug and alcohol
abuse;
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2.The provisions of this policy.
Section 18.5: PROHIBITED ACTIVITIES.
A.LEGAL DRUGS.
1.The undisclosed use of any legal drug, which could interfere with
the safe and efficient performance of duties or operation of District equipment,
by any employee while performing District business or while on District premises
is prohibited. However, an employee may continue to work even though using a
legal drug if District management has determined, after consulting with General
Manager, that such use does not pose a threat to safety and that the using
employee’s job performance is not significantly affected. Otherwise, the
employee may be required to take leave of absence or comply with other
appropriate action as determined by District management.
2.An employee whose medical therapy requires the use of a legal
drug, which could interfere with the safe and efficient performance of duties or
operation of District equipment, must report such use to his or her supervisor
prior to the performance of District business. The supervisor who is so informed
will contact the General Manager.
3.The District at all times reserves the right to judge the effect that a
legal drug may have on job performance and to restrict the using employee’s
work activity or presence at the workplace accordingly. If there is a question
regarding an employee’s ability to perform assigned duties safely and effectively
whileusing legal drugs, the District may require medical clearance.
B.ILLEGAL DRUGS AND ALCOHOL.
1.The use, sale, purchase, transfer or possession of an illegal drug
by any employee while on District premises or while performing District business
is prohibited.
2.The use, sale or purchase of alcohol by any employee while on
District premises or while performing District business is prohibited.
Section 18.6: DISCIPLINE.
A.Any employee who possesses, distributes, sells, attempts to sell, or
transfers illegal drugs on District premises or while on District business will be
discharged immediately.
B.Any employee who is found to be under the influence of alcohol in
violation of this policy will be subject to discipline up to and including discharge.
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C.Any employee who is found to be in possession of contraband in violation
of this policy will be subject to discipline up to and including discharge.
D.Any employee who is found through drug or alcohol testing to have in his
or her body a detectable amount of an illegal drug or of alcohol will be subject to
discipline up to and including discharge.
E.Any employee who knows or has reasonable suspicion that another
employee is using, selling, under the influence or otherwise in violation of this policy
shall have a duty to report that suspicion to the General Manager. Failure to report such
suspicion may result in discipline up to and including discharge.
Section 18.7: DRUG AND ALCOHOL TESTING OF ALL JOB APPLICANTS.
A.All applicants for employment are subject to drug and alcohol testing.
B.Such an applicant must pass the drug test to be considered for
employment.
CAn applicant will be notified of District’s drug and alcohol testing policy
prior to being tested; will be informed in writing of his or her right to refuse to undergo
such testing; and will be informed that the consequence of refusal is termination of the
pre-employment process.
D.An applicant will be provided written notice of this policy and by signature
will be required to acknowledgereceipt and understanding of the policy.
EIf an applicant refuses to take a drug or alcohol test, or if evidence of the
use of illegal drugs by an applicant is discovered, either through testing or other means,
the pre-employment process will be terminated.
Section 18.8: DRUG AND ALCOHOL TESTING OF EMPLOYEES BASED ON
REASONABLE BELIEF.
A.District will notify employees of this policy by:
1.Providing to each employee a copy of the policy, and obtaining a
written acknowledgement from each employee that the policy has been received
and read.
2.Announcing the policy in various written communications and
making presentations at employee meetings.
B.District may perform drug or alcohol testing:
1.of any employee who manifests “reasonable belief” behavior;
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2.of any employee who is involved in an accident that results or could
result in the filing of a Workers’ Compensation claim; or
3.of any employee who is subject to drug or alcohol testing pursuant
to federal or state rules, regulations or laws.
C.An employee’s consent to submit to drug or alcohol testing when
reasonable belief exists is required as a condition of employment and the employee’s
refusal to consent may result in disciplinary action, including discharge, for a first refusal
or any subsequent refusal.
D.An employee who is tested in a “reasonable belief” situation may be
placed on administrative leave pending receipt of written tests results and whatever
inquiries may be required.
Section 18.9:APPEAL OF DRUG OR ALCOHOL TEST RESULT–NON-SAFETY
SENSITIVE EMPLOYEES.
A.An employee whose drug or alcohol test is reported positive will be
offered the opportunity to:
1.Obtain and independently test, at the employee’s expense, the
remaining portion of the urine specimen that yielded the positive result;
2.Obtain the written test result and submit it to an independent
medical review at the employee’s expense.
Section 18.10:INSPECTION AND SEARCHES
A.District may conduct unannounced general inspections and searches for
illegal drugs or contraband on District premises or in District vehicles or equipment
wherever located. Employees are expected to cooperate.
B.Contrabandis an article that is illegal to possess.
C.Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on
District property will be turned over to the Costa Mesa Police Department and the full
cooperation given to any subsequent investigation.
D.Other forms of contraband, such as firearms, explosives, and lethal
weapons, will be subject to seizure during an inspection or search. An employee who is
found to possess contraband on District property or while on District business will be
subject to discipline up to and including discharge.
E.If an employee is the subject of a drug-related investigation by District or
by a law enforcement agency, the employee may be placed on administrative leave
pending completion of the investigation.
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Section 18.11: SUBSTANCE ABUSE POLICY FOR SAFETY SENSITIVE
EMPLOYEES
This policy is also intended to comply with all applicable Federal regulations governing
workplace anti-drug programs in the transportation industry. The Federal Motor Carrier
Safety Administration (FMCSA) of the Department of Transportation has enacted 49
CFR Part 382 that mandate urine drug testing and breathalyzer alcohol testing for
safety-sensitive positions and prevents performance of safety-sensitive functions when
there is a positive test result. The Department of Transportation has also enacted 49
CFR Part 40 that sets standards for the collection and testing of urine and breath
specimens. In addition, the Department of Transportation has enacted 49 CFR Part 29,
"The Drug-Free Workplace Act of 1988," which requires the establishment of drug free
workplace policies and the reporting of certain drug-related offenses to the Department
of Transportation. The policy incorporates those requirements of safety-sensitive
employees and others when so noted.
A. APPLICABILITYThis policy applies to all safety-sensitive employees and
contractors whenthey are on District property or when performing any District related
business. It applies to off-site lunch periods and breaks when a safety-sensitive
employee is scheduled to return to work. Visitors, vendors, and contracted employees
are governed by this policy while on District premises, and they will not be permitted to
conduct business if found to be in violation of this policy.
A listing of Costa Mesa Sanitary District employee function and/or position
classifications can be found in Appendix 'A' of this policy statement. A safety-sensitive
employee is considered to be performing a safety-sensitive function during any period
in which that employee is actually performing, ready to perform, or immediately
available to perform any safety-sensitive functions.
B. PROHIBITED SUBSTANCES"Prohibited substances" addressed by this
policy include the following:
Drugs:Amphetamines, Cocaine, Marijuana, Opiates and Phencyclidine (PCP).
Alcohol:The use of beverages or substances, including any medication,
containing alcohol such that it is present in the body at a level in excess of that stated in
Department of Transportation guidelines while actually performing, ready to perform, or
immediately available to perform any District business is prohibited. "Alcohol" is
defined as: the intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohol, including methyl or isopropyl alcohol.
C. PROHIBITED CONDUCT
1. Manufacture, Trafficking, Possession, and UseAny safety-sensitive
employee engaging in the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance or alcohol on District premises, in
District vehicles or while conducting District business off the premises is
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absolutely prohibited. Violation will result in removal from safety-sensitive duty
and immediately terminated.
2. Impaired/Not Fit for DutyAny safety-sensitive employee who is
reasonably suspected of being impaired, under the influence of a prohibited
substance, or not fit for duty shall be removed from safety-sensitive job duties
and be required to undergo a reasonable suspicion controlled substance or
alcohol test. Employees failing to pass this reasonable suspicion controlled
substance or alcohol test shall remain off duty and be IMMEDIATELY
TERMINATED. A controlled substance or alcohol test is considered positive
(failed) if the individual is found to have a quantifiable presence of a prohibited
substance in the body above the minimum thresholds defined in the Department
of Transportation guidelines.
3. Alcohol UseNo safety-sensitive employee may report for duty or
remain on duty when his/her ability to perform assigned functions is adversely
affected by alcohol or when his/her breath alcohol concentration is 0.04 or
greater. No safety-sensitive employee shall use alcohol while on duty or while
performing safety-sensitive functions. No safety-sensitive employee shall use
alcohol within four hours of reporting for duty nor during hours that he/she is on
call. Violation of this provision is prohibited and will subject the employee to
removal from safety-sensitive duty and referral to a Substance Abuse
Professional (SAP).
4. Compliance with Testing RequirementsAll safety-sensitive employees
are subject to controlled substance testing and breath alcohol testing. Any
safety-sensitive employee who refuses to comply with a request for testing, who
provides false information in connection with a test or who attempts to falsify test
results through tampering, contamination, adulteration, or substitution shall be
removed from duty immediately and be terminated. Refusal to submit to a test
can include an inability to provide a urine specimen or breath sample without a
valid medical explanation, as well as a verbal declaration, obstructive behavior or
physical absence resulting in the inability to conduct the test.
5.Treatment/Rehabilitation ProgramAn employee with a controlled
substance and/or alcohol problem will be afforded an opportunity for treatment in
accordance with the following provisions:
6.Voluntary Admittance:All employees who feel they have a problem with
controlled substances and/or alcohol may request voluntary admission to a
rehabilitation program. Requests must be submitted to an Administrator or
his/her designee for review. Program costs and subsequent controlled substance
and/or alcohol testing costs will be paid by the safety-sensitive employee. An
employee failing to complete the program will be subject to termination from
employment. An employee completing a rehabilitation program must agree to
and sign a Return-To-Duty Agreement, pass a return-to-duty controlled
substance and/or alcohol test and be subject to unannounced follow-up testing
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for 36 months following return to duty. A positive result on the return-to-duty test
or on the unannounced follow-up tests within a 36 month period will result in
termination from employment.
Participants in the rehabilitation program many use accumulated sick leave,
vacation and floating holidays, if any.
D. NOTIFYING THE DISTRICT OF CRIMINAL DRUG CONVICTION
Pursuant to the "Drug Free Workplace Act of 1988" any employee who fails to
immediately notify the District of any criminal controlled substance statute conviction
shall be subject to disciplinary action, up to and including termination of employment.
E. PROPER APPLICATION OF THE POLICY
The District is dedicated to assuring fair and equitable application of this Substance
Abuse Policy. Therefore, supervisors are required to administer all aspects of the policy
in an unbiased and impartial manner. Any supervisor who knowingly disregards the
requirements of this policy, or who is found to deliberately misuse the policy with
respect to his/her subordinates shall be subject to disciplinary action, up to and
including termination.
F. TESTING FOR PROHIBITED SUBSTANCES
1. Analytical urine controlled substance testing and breath testing for
alcohol will be conducted as required under Department of Transportation
guidelines. All safety-sensitive employees shall be subject to testing prior to
employment, randomly, for reasonable suspicion, and following an accident, as
defined in the Department of Transportation guidelines. In addition, all safety-
sensitive employees will be tested prior to returning to duty after failing a
controlled substance and/or alcohol test. Employees who have returned to duty
will be subject to unannounced follow-up tests for up to five years, as determined
by a Substance Abuse Professional (SAP). Safety-sensitive employees who
perform safety-sensitive functions as defined in the Department of
Transportation guidelines shall also be subject to testing on randomly selected,
unannounced basis.
Testing shall be conducted in a manner to assure a high degree of accuracy and
reliability and using techniques, equipment,and laboratory facilities which have
been approved by the Department of Health and Human Services (DHHS). All
testing will be conducted consistent with the procedures put forth in the
Department of Transportation guidelines.
The controlled substances that will be tested for include marijuana, cocaine,
opiates, amphetamines, and phencyclidine (PCP). An initial controlled substance
screen will be conducted on each specimen. For those specimens that are
positive, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test
will be performed. The test will be considered positive if the controlled substance
levels present are above the minimum thresholds established in the Department
of Transportation guidelines.
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Tests for alcohol concentration will be conducted utilizing an approved Evidential
Breath Testing device (EBT) operated by a trained Breath Alcohol Technician
(BAT). If the initial test indicated an alcohol concentration of 0.02 or greater, a
confirmation test will be performed to confirm the result of the initial test. An
employee who has a confirmed alcohol concentration of 0.02 but less than 0.04
will be removed from his/her position for at least twenty-four hours unless a
retest results in an alcohol concentration less than 0.02. An alcohol
concentration of 0.04 or greater will be considered a positive alcohol test and in
violation of Department of Transportation guidelines and this policy.
Any safety-sensitive employee who has a confirmed positive controlled
substance or alcohol test will be removed from his/her position, informed of
educational and rehabilitation program available, and immediately terminated.
The District affirms the need to protect individual dignity, privacy and
confidentiality throughout the testing process.
2.Employeesin Safety-sensitive positions may be tested under any of the
following circumstances:
a. Pre-Employment TestingAll applicants for safety-sensitive
classifications shall undergo urine controlled substance testing prior to
employment. Receipt of a satisfactory test result is required prior to
employment and failure of a controlled substance test will disqualify the
applicant from further consideration for employment. Pre-Employment
testing requirements will be conducted in compliance with current law.
b. Reasonable Suspicion TestingAll safety-sensitive employees will be
subject to urine and /or breath testing when there is a reasons to believe that
controlled substances or alcohol use is adversely affecting job performance. A
reasonable suspicion referralfor testing will be made on the basis of
documented objective facts and circumstances which are consistent with the
effects of substance abuse. Examples of reasonable suspicion include, but are
not limited to, the following:
1.Adequate documentation of unsatisfactory work
performance or on-the-job behavior.
2.Physical signs and symptoms consistent with prohibited
substance use.
3.Occurrence of a serious or potentially serious accident that
may have been caused by human error.
4.Fights (to mean physical contact), assaults and flagrant
disregard or violations of established safety, security, or other operation
procedures.:
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Reasonable suspicion determinations will be made by a supervisor who is
trained to detect the signs and symptoms of controlled substance and alcohol
use and who reasonably concludes that an employee may be adversely affected
or impaired in his/her work performance due to prohibited substance abuse or
misuse.
b. Post-Accident Testing
All safety-sensitive employees will be required to undergo controlled substance
and/or breath alcohol testing if they are involved in an accident with a District
vehicle that results in a fatality. This includes all safety-sensitive employees who
are on duty in the vehicles and any other whose performance could have
contributed to the accident. In addition, a post-accident test will be conducted if
the safety-sensitive employee receives a citation within eight (8) hours of the
occurrence under State or local law for a moving traffic violation arising from the
accident, if the accident involved bodily injury to any person who, as a result of
the injury, immediately receives medical treatment away from the scene of the
accident; or if one or more motor vehicles incurring disabling damage as a result
of the accident, requiring the motor vehicle to be transported away from the
scene by a tow truck or other motor vehicle.
Following an accident, the safety-sensitive employee will be tested as soon as
possible, but not to exceed eight (8) hours for alcohol and32 hours for controlled
substances. If an alcohol test is not administered within two hours following the
accident, the District shall prepare and maintain a record stating the reasons the
test was not promptly administered. Further, if an alcohol test isnot administered
within eight (8) hours or a controlled substance test is not administered within 32
hours following the accident, the District shall cease attempts to administer
testing and shall prepare and maintain a written record. Any safety-sensitive
employee who leaves the scene of an accident without appropriate authorization
prior to submission to controlled substance and/or breath alcohol testing will be
considered to have refused the test and subject to termination. That being said,
the testing requirement should not be construed to require the delay of
necessary medical attention for injured people following an accident or to prohibit
a safety-sensitive employee from leaving the scene of an accident for the period
necessary to obtain assistance in responding to the accident, or to obtain
necessary emergency medical care. Furthermore, the results of a breath alcohol,
a blood alcohol or a urine controlled substance test conducted by Federal, State,
or local officials having independent authority for the test, shall be considered
valid, provided those tests conform to the applicable Federal, State or local
testing requirements, and that the results of the tests are obtained by the District.
c. Random Testing
Employees working in safety-sensitive classifications will be subjected to
randomly selected, unannounced testing. The random selection will be by a
scientifically valid method. Each safety-sensitive employee will have an equal
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chance of being tested each time selections are made. Safety-sensitive
employees will be tested either just before departure, or during duty, or just after
the safety-sensitive employee has ceased performing his/her duty.
d. Employee Requested Testing
Any safety-sensitive employee who questions the result of a required controlled
substance test under Department of Transportation guidelines may request that
an additional test be conducted. This additional test may be conducted at the
same laboratory or at a different DHHS certified laboratory. The test must be
conducted on the split sample that was provided at the same time as the original
sample. All costs for such testing are to be paid by the employee unless the
second test invalidated the original test. The method of collecting, storing, and
testing the split sample will be consistent with the procedures set forth in the
Department of Transportation guidelines. The safety-sensitive employee's
request for a retest must be made to the MRO within 72 hours of notice of the
initial test result. Requests after 72 hours will only be accepted if the delay was
due to documentable facts that were beyond the control of the employee.
G. EMPLOYEE ASSESSMENT
Any safety-sensitive employee who tests positive for the presence of controlled
substances or whose breath alcohol concentration is above the minimum thresholds set
forth in the Department of Transportation guidelines will be immediately terminated.
If a safety-sensitive employee is returned to duty following rehabilitation, he/she must
agree to and sign a Return-To-Duty Agreement, pass a return-to-duty controlled
substance and/or alcohol test and be subject to unannounced follow-up tests for a
period of one to five years, as determined by the SAP. The cost of any rehabilitation
and subsequent controlled substance and/or alcohol testing is borne by the safety-
sensitive employee and is on a one time basis only. Employee will be immediately
terminated on the occurrence of a second verified positive test result. Employees may
use accumulated sick leave, vacation and floating holidays, if any, to participate in the
prescribed rehabilitation program.
H.CONTACT PERSON
1. Any questions regarding this policy should contact the following District DER:
Anna Sanchez, or Designee
Manager
628 West 19th Street, Costa Mesa, CA 92627 (949)645-8400ext.224
The DER of the District will maintain a list of the specific positions within the
above listed classifications that are covered under Department of Transportation
regulations.
2. Confidentiality
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All information relating to drug or alcohol testing or the identification of persons as users
of drugs and alcohol will be protected by District as confidential unless otherwise
required by law, overriding public health and safety concerns, or authorized in writing by
the persons in question.
APPENDIX A
SAFETY-SENSITIVEEMPLOYEE (FUNCTION AND/OR POSITION)
CLASSIFICATIONS FORCosta Mesa Sanitary District
Class "A" commercial driver’slicense holder
Class "B" commercial driver’slicense holder
Class "C" driver’slicense holder with a HazardousMaterials Endorsement
The DER of the District will maintain a list of the specific positions within the above
listed classifications that are covered under Department of Transportation regulations.
PROCEDURESFOR COSTA MESA SANITARY DISTRICT
A. PROCEDURES -REASONABLE SUSPICION TESTING
1.A safety-sensitive employee who may possibly be under the influence of
alcohol and/or controlled substances is observed by a supervisor.
Any employee may identify someone suspected of alcohol and/or controlled
substance to any supervisor. Employees should realize, however, that it is
against District policy to make false or malicious statements about other
employees and doing so can result in disciplinary action being taken against the
offending employee. However, the supervisor must witness firsthandthe safety-
sensitive employee's signs and symptoms.
2.The supervisor is then obligated to insure that the matter is
immediately investigated.
If possible, two supervisors determine (independently or together) that the
safety-sensitive employee in question may indeed be under the influence of
alcohol and/or controlled substances.
3.When the supervisor(s) suspect and believe that the safety-
sensitive employee may be under the influence of alcohol and/or controlled
substances, the safety-sensitive employee is then immediately suspended from
duty (with pay) and driven by District staff (or others designated) to the District
specified collection site. Because of a testing facility requirement, the safety-
sensitive employee in question must show proof of identification, such as a photo
driver’slicense or state-issued photo identification card.
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Whenever practical, an Administrator should be notified in advance of the
employee being taken to the collection site.
4.At the collection site, the safety-sensitive employee will be required
to submit a urine sample in the event that controlled substances are suspected
or a breath sample in the event that alcohol intoxication is suspected to the on-
duty technician. Care will be taken to provide the safety-sensitive employee with
maximum privacy without compromising the integrity of the sample.
5.The District will take precautions to prevent the safety-sensitive
employee being tested from going back to work and driving their owncar home.
Instead, the safety-sensitive employee will be given assistance in obtaining a
ride home from the collection site.
6.The safety-sensitive employee whose test results are negative
(less than 0.02 alcohol concentration) will be reinstated. The safety-sensitive
employee whose confirmation test results indicate an alcohol concentration
greater than 0.02 but less than 0.04, will not be permitted to return to duty or
perform a safety-sensitive function for 24 hours after administration of the test.
The safety-sensitive employee whose confirmation test result indicates an
alcohol concentration of 0.04 or greater for alcohol will immediately terminated.
7.The safety-sensitive employee whose controlled substance test results
are verified negative willbe reinstated. The safety-sensitive employee whose
controlled substance test is verified positive by the Medical Review Officer will be
immediately terminated.
B. PROCEDURES -RANDOM TESTING
1.The compliance District notifies the supervisor to send the safety-sensitive
employee to the collection site for alcohol and/or controlled substance testing.
2.The supervisor notifies the safety-sensitive employee to go to the
collection site for alcohol and/or controlled substance testing immediately.
Because of a testing facility requirement, the safety-sensitive employee in
question must have proof of identification, such as a photo driver’slicense or
state-issued photo identification card.
3.At the collection site, the safety-sensitive employee will be required to
submit a urine sample in the event that controlled substances are to be tested
for, or a breath sample in the event that alcohol is being tested for to the on-duty
technician. Care will be taken to provide the safety-sensitive employee with
maximum privacy without compromising the integrity of the sample.
4.The safety-sensitive employee whose test results are negative (less than
0.02 alcohol concentration) will be reinstated. The safety-sensitive employee
whose confirmation test results indicatean alcohol concentration greater than
0.02 but less than 0.04, will not be permitted to return to duty or perform a
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safety-sensitive function for 24 hours after administration of the test. The safety-
sensitive employee whose confirmation test result indicates an alcohol
concentration of 0.04 or greater for alcohol will be immediately terminated.
5.The safety-sensitive employee whose controlled substance test results
are verified negative will be reinstated. The safety-sensitive employee whose
controlled substance test is verified positive by the Medical Review Officer will be
immediately terminated.
C. PROCEDURES -POST ACCIDENT
1.The safety-sensitive employee notifies a supervisor that an accident has
occurred.
2.The supervisor determines that the circumstances of the accident warrant
a post-accident test when a citation was issued or a fatality occurred.
Thereafter, the supervisor directs the safety-sensitive employee to immediately
go to the collection site for alcohol and controlled substance testing. Because of
a testing facility requirement, the safety-sensitive employee in question must
have proof of identification, such as a photo driver’slicense or state-issued photo
identification card.
3.At the collection site, the safety-sensitive employee will be required to
submit a urine sample for controlled substances and a breath sample for alcohol
testing to the on-duty technician. Care will be taken to provide the safety-
sensitive employee with maximum privacy without compromising the integrityof
the sample.
4.An Administrator will be notified that an accident has occurred and that
the safety-sensitive employee was instructed to go to the collection site.
5.The safety-sensitive employee whose test results are negative (less than
0.02 alcohol concentration) will be reinstated. The safety-sensitive employee
whose confirmation test results indicate an alcohol concentration greater than
0.02 but less than 0.04, will not be permitted to return to duty or perform a
safety-sensitive function for 24 hours after administration of the test. The safety-
sensitive employee whose confirmation test result indicates an alcohol
concentration of 0.04 or greater for alcohol will be immediately terminated.
6.The safety-sensitive employee whose controlled substance test results
are verified negative will be reinstated. The safety-sensitive employee whose
controlled substance test is verified positive by the Medical Review Officer will be
immediately terminated.
D. PROCEDURES -CHAIN OF CUSTODY FOR CONTROLLED SUBSTANCE
SPECIMENS
1.At the time a specimen is collected, the safety-sensitive employee will be
given a copy of the specimen collection procedures.
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2.Urine will be in a wide-mouthed clinic specimen container which will
remain in full view of the safety-sensitive employee until split, transferred to,
sealed and initialed in two tamper-resistant urine bottles.
3.Immediately after the specimens are collected, the urine bottles will, in the
presence of the safety-sensitive employee, be labeled and then initialed by the
employee. If the sample must be collected at the site other than the controlled
substance and/or alcohol testing laboratory, the specimens will then be placed in
the transportation container. The container will be sealed in the safety-sensitive
employee's presence and the safety-sensitive employee will be asked to initial or
sign the container. The container will be sent to the designated testing laboratory
on that day or the earliest business day by the fastest available method.
4.A chain of custody form will be completed by the on-duty technician during
the specimen collection process and attached to and mailed with the specimen.
E. PROCEDURES -SPECIMEN COLLECTION OF STRANGE AND/OR
UNRECOGNIZABLE SUBSTANCES
1.A safety-sensitive employeeis observed with a strange and/or
unrecognizable substance.
2.The supervisor, in the presence of a witness, places the strange and/or
unrecognizable substance into a clear plastic bag. The bag is sealed, labeled
and signed by both the supervisor and a witness.
3.An incident report is made and signed by both the supervisor and a
witness.
4.The plastic bag containing the specimen and a copy of the incident report
is taken to the collection site for transportation to the laboratory for analysis.
F. PROCEDURES -ALCOHOL CONCENTRATION
1.The safety-sensitive employee and the on duty Breath Alcohol Technician
(BAT) complete the alcohol testing form to ensure that the results are properly
recorded.
2.After an explanation of how the breathalyzer works, an initial breath
sample is taken.
3.If the results of the initial test show an alcohol concentration of 0.02 or
greater a second or confirmation test must be conducted. The confirmation test
must not be conducted less than 15 minutes after, nor more than20 minutes
after the screening test.
4.The confirmation test will utilize Evidential Breath Testing devices that
prints out the results, date and time, a sequential test number, and the name and
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serial number of the Evidential Breath Testing device to ensure the reliability of
the results.
RULE 19–ELECTRONIC EQUIPMENT USE, SOCIAL MEDIA AND DISTRICT WEB
PAGE
Section 19.1: DISTRICT ELECTRONIC RESOURCESPOLICY AND PROCEDURES.
A.PURPOSE.
The District makes every effort to provide its employees with technology-based
resources in order to conduct official business more effectively. In this regard, the
District has installed personal computers, local area networks (LANs), electronic mail
(e-mail), cell phones and access to the Internet. The purpose of the District’s Electronic
Resources Policy and Procedures is to establish uniform guidelines for computer and
cell phone usage including the use of Internet and e-mail applications.
B.POLICY.
1.District computers, fax machines, and internet licensesare
provided for District business and are not to be used for personal gain, private
purposes (except as described in subsection 6), or to support or advocate non-
District –related business or purposes. All data and electronic messages,
including information accessed via the Internet and sent or received through
electronic mail (e-mail) systems, are the properties of the District. All records
whether paper or electronic, may be subject to the disclosure requirements of the
California Public Records Act and are not considered private. Notwithstanding
the foregoing, e-mail should only be used for the transmission of information and
should not be used for preserving information for future reference. Information to
be retained may be stored electronically on thesystem/network and/or may be
converted to a hard copy and archived in a District physical file cabinet.
2.There is no expectation of personal privacy in any use of District
computer systems and software, including e-mail and Internet usage. The District
may, at any time, review the contents of all records, data and communication
transmitted, received and stored by its electronic systems. Any indication of a
violation of this policy is subject to management review. This review may include
accessing and disclosing all electronic documents, information and messages
including e-mail and Internet records.
3.The District purchases, owns and administers the necessary
software and licenses and cell phones to provide access to e-mail and Internet
services and real time communications in the office, in the field and for
emergency communications. Users may not rent, copy or loan District software
or its documentation, nor provide alternative software to access the system.
Users may be subject to disciplinefor any damages caused by negligence, and
unauthorized software or viruses they introduce in the system.
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4.The District is not responsible for items originating from the Internet
and reserves the right to restrict employee access to the Internet or to certain
Internet content.
5.Examples of Prohibited Uses
a.Using the Internet to view, obtain or disseminate any
sexually oriented material, images or messages.
b.Using the Internet and/or e-mail systems to send or
distribute disruptive, offensive, abusive, threatening, slanderous, racial or
sexually harassing materials.
c.Using District computer systems for private purposes,
personal gain, solicitation of commercial ventures, religious or political
causes, chain letters, or other non-job-related purposes (except as
described in subsection 6 below).
d.Downloading or installation of software that has not been
approved by the District and scanned for viruses.
e.Sending unencrypted confidential documents via the
Internet.
f.Any other use that may compromise the integrity of the
District and its business in any way.
g.E-mail should not be used for sensitive attorney-client
communications.
h.A good rule of thumb when using the computer and e-mail is
“never put anything in an e-mail that you would not want to see on the
front page of the newspaper.”
6.To promote employee computer and Internet proficiency and as an
employee benefit, certain employee personal use is allowed. This use is only
permitted during employee personal time. Examples include educational
enhancement and personal communications, which conform to the above
prohibited uses. Personal use is secondary, and should not (i) interfere with the
agency’s operation of Electronic Communications Resources, (ii) interfere with
the user’s employment orother obligations to the District, or (iii) burden the
District with noticeable incremental costs.
7.The acquisition of personal computer hardwareandsoftware shall
follow the normal budgetary and purchasing procedures, ensuring budget
authorization isin place. Requests for acquiring hardware and software shall be
recommended to the Personnel Manager for evaluation and recommendation.
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8.Equipment operation and maintenance:
a.The authorized Management Information Systems (MIS)
person (in-house or agreement/contract) shall assist in evaluating District
functional needs and recommend options if appropriate.
b.MIS shall maintain an on-site office automation library of
proven and reliable software and hardware requiring minimum technical
support that maintains a user-friendly concept, is easy to use and
enhances District productivity.
c.MIS shall maintain an on-site inventory control of all
workstation hardware and software.
d.MIS shall provide on-site training and consulting advice on
approved software and make recommendations as appropriate.
e.MIS shall maintain the District automation system including
all personal computer workstations and client server network for the
purpose of retrieving data files, sharing licensed applications and nightly
data backup.
f.MIS shall periodically review the District automation system
for adherence to operating standards and implement approved upgrades.
g.MIS shall backup District databases daily, weekly, monthly,
quarterly and annually for archival and retrieval purposes.
9.Security: The Personnel Manager and MIS (in-house or
agreement/contract) must approve dial-in access from home systems and
businesses to District systems in advance for valid business needs. All computer
systems users are responsible for data residing on their systems.
C.PROCEDURES.
1.Passwords
a.Users dealing in confidential matters will define their own
confidential password. Users should be aware that this does not imply that
the system may be used for personal communication or that e-mail is the
property of the user.
b.To ensure the security of the e-mail system, the system will
prompt the user to routinely change their password. Should the user
forget their password, and attempt to input a password they are not sure
of, the system may lock them out after three failed attempts.
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2.Internet and E-mail Access
a.Access to the Internet and e-mail is restricted to those
employees who have been provided the necessary software and
hardware and who have been authorized by the District to access e-mail
and the Internet. The District may deny or restrict Internet and/or e-mail
access to any employee at any time.
b.When using e-mail and the Internet, employees are
cautioned to remember they represent the District. Employees may not
speak for the District unless they are authorized to do so.
c.E-mail and Internet messages can be forwarded without the
express permission of the original author. Users must use caution in the
transmission and dissemination of messages outside the Districtand must
comply with all State and Federal laws, rules and regulations and District
policy.
3.Electronic Document, Software and Mail Storage
a.Electronic mail is backed-up on a regular basis. It is
synchronized with the server on every start-up and shut-down. The District
back-up procedures allow the District to restore current software,
documents and electronic mail in the event of a system failure.
b.Electronic mail is not intended to be a permanent storage
medium. Electronic in-boxes and out-boxes should be archived or purged
on a regular basis. The District may, in its discretion, purge long-term mail
on an automatic basis.
c.To save critical electronic mail as a permanent record,
employees should print out a hard copy for permanent filing or save the
file on the “C” drive of the desktop or laptop computer assigned to them.
4.Information Block: E-mail sent outside the District should include an
information block at the end of all transmitted messages. The block should
include the sender’s name, title, company name, direct telephone number, FAX
number and e-mail address.
Section 19.2: SOCIAL MEDIA USE.
A.PURPOSE.
The policy outlines the protocol and procedures for use of social media to
publicize official District services and events. In addition, this policy addresses the
responsibilities of individual employees and District officials with regard to social media
and the use of District resources (time/equipment), as well as responsibilities related to
the public records and open meeting laws.
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B.DEFINITIONS.
1.Social Media: Various forms of discussions and information-
sharing, including social networks, blogs, video sharing, podcasts, wikis,
message boards, and online forums. Technologies include: picture-sharing, wall-
postings, fan pages, e-mail, instant messaging and music-sharing. Examples of
social media applications include but are not limited to, Google, and Yahoo
Groups, (reference, social networking), Wikipedia (reference), MySpace (social
networking), Facebook (social networking), YouTube (social networking and
video sharing), Flickr, (photo sharing), Twitter (social networking and micro
blogging), LinkedIn (business networking), and news media comment
sharing/blogging.
2.Social Networking: the practice of expanding business and/or social
contacts by making connections through web-based applications. This policy
focuses on social networking as it relates to the Internet to promote such
connections for official District business and for employees, elected and
appointed officialswho are using this medium in the conduct of official District
business.
C.POLICY.
1.All official District social media sites will be administered by the
General Manager or his/her designee. These social media sites shall be used for
the limited purpose of informing the public about District business, services and
events. Individual departments may not have their own pages/sites. Individual
departments wishing to add content to official District social media sites may
submit a request to the General Manager. The District’s web site,
www.cmsdca.gov, will remain the official location for content regarding District
business, services and events. Whenever possible, links within social media
formats should direct users back to the District web site for more information,
forms, documents or online services necessary to conduct business with the
District.
2.District employees and appointed and elected officials shall not
disclose information about confidential District business on either the District’s
socialmedia sites or personal social media sites. In addition, all use of social
media sites by elected and appointed officials shall be in compliance with
California’s open meeting laws. Employees and elected or appointed officials’
posts are a reflection of their own views and not necessarily those of the District.
3.Posting/ Commenting Guidelines
a.All postings made by the District to social media sites will
contain information and content that has already been published or
broadcast in an official manner. The District will not comment on other
social media member’s sites. All official social media postings by the
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District will be done solely on the District’s social media sites or in
response to postings made on the District’s social media sites.
b.The District reserves the right to remove content that is
deemed in violation of this policy or any applicable law. Any participants
on the District’s official social media sites who are in continual violation of
the postings/commenting guidelines may be removed from the District’s
site. The District will only post photos for which it has copyright or owner’s
permission to use.
c.Direct messages sent to social media accounts will be
treated as general correspondence and kept in accordance with retention
schedules provided by the CMSD Records Retention Program.
d.Chat functions in any social media sites will not be used.
e.Links to all social media networks to which the District
belongs will be listed on the District’s official website. Interested parties
wishing to interact with these sites will be directed to visit the District’s web
site for more information on how to participate.
f.The District reserves the right to temporarily or permanently
suspend access to official District social media at any time.
D.PROCEDURES.
1.The General Manager or his designee will be responsible for
responding to comments and messages as appropriate whenever possible. The
District will direct users back to the District’s official web site for more
information, forms, documents or online services necessary to conduct business
with the Costa Mesa Sanitary District.
2.The District may invite others to participate in its social media sites.
Such invitations will be based upon the best interests of the District as
determined by the District in consultation with the General Manager or designee.
E.RESPONSIBILITIES.
1.It is the responsibility of employees, and appointed and elected
officials to understand the procedures as outlined in this policy.
2.Employees who are notdesignated by the General Manager to
access social media sites for official business are prohibited from accessing
social media sites utilizing the District computerequipment and/ or the District’s
web access. While at work, employees who are not grantedaccess via District
systems and computing equipment may use personal computing devices and
personal web accounts to access social media sites only during non-working
hours such as lunch periods and breaks.
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4.The General Manager will determine if a request is appropriate and
adheres to the guidelines of this policy.
5.All content posted on official District social media sites must comply
with District web standards. Employee or District confidentiality shall be
maintained in accordance with all applicable laws and District policies. If a
question arises regarding the use or posting of confidential information on a
social media site, the matter shall be referred to the General Manager for review.
The information in question shall not be posted, or if already posted, shall be
removed until an opinion is rendered by General Manager or District counsel.
Notwithstanding the opinion of the District counsel, the General Manager
reserves the right to restrict or remove District information from an official District
social media site if the General Manager believes that the information does not
serve the best interest of the District.
6.All social media based services to be developed, designed,
managed by or purchased from any third party source for use requires
appropriate budget authority and approval from the Board of Directors.
Section 19.3: DISTRICT WEB PAGE.
A.POLICY.
It is District policy to control the content and accuracy of the information provided
on the public District Web page. All information will be directed to the Board Secretary
acting in the capacity of the District Web manager. All information posted on the District
website must be consistent with the District’s mission and public interest.
B.PROCEDURE.
Any District Board Director, official or employee may request postings to the
District Web page through the General Manager or his designated representative.
Postings must be non-political in nature. The General Manager who shall approve,
modify, or deny the request. Postings shall be submitted in Word format as an e-mail
attachment unless only a hard copy is available. In either case it is the submitter’s
responsibility to check the item for accuracy both prior to submission and after posting
to the Web page to insure no inadvertent errors appear on the final document. The
submitter is to inspect the posted submission within 24 hours of posting.
1.The General Manager or his designated representative shall submit
the approved request to the Management Information Services (MIS) contractor
for inclusion on the web page and, when necessary, suggest alternative
solutions in support of the needs.
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2.The General Manager or his designated representative shall also
manage removal of postings based on the information provided pertinent to
duration or expiration date.
RULE 20–CELL PHONE ALLOWANCEPOLICY
Section 20.1: PURPOSE
The purpose of this policy/procedure is to establish guidelines for Costa Mesa Sanitary
District (District) issued cell phone allowance(s). The District provides an allowance for
cell phones, but the cell phone and any license to connect to electronic transmission
lines (telephone, email, etc.) are not the property of the District.
Section 20.2: OVERVIEW
The use of cell phones may be essential for employees to conduct business while away
from the office, i.e., field and customer service operations, emergency operations, after-
hours communications, and for their safety. District issued cell phone allowances may
be provided to employees whose job duties require them tobe out of the office for large
portions of the workday or work during non-business hours.
The District Manager shall determine which employment classifications will need a cell
phone and, therefore, shall be entitled to a cell phone allowance. No employee at the
District has an implied right to a cell phone allowance; the District Manager can, at his
or her discretion, determine that a cell phone is no longer required to meet job functions
of specified classifications, and therefore, the allowance will cease.
The District has established a cell phone allowance and shall pay an amount to
employees within the specified classification for cell phone acquisition and
maintenance.
Section 20.3: COMPLIANCE PROCEDURE
A.Employees whose positions are listed belowshall receive an allowance on
a taxablemonthly basis.
General Manager,
Administrative Service Manager
Deputy District Clerk
Management Analyst
Maintenance Supervisor
Maintenance Worker
Ordinance Enforcement Officer
Maintenance Assistant
Finance Manager
B.Employees receiving an allowance are responsible for the following:
Purchasing and maintaining their equipment. Cell phone plans must
provide for a minimum of 450 minutes coverage for work communications
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and must have coverage with a carrier that provides acceptable coverage
in the employee’s work areas.
Notifying their supervisor and department manager of their phone number,
changes to number, or cancellation of service.
Ensuring continuity of service, including payment of bills.
Being in possession of their cell phones during working hours and during
nonworking hours if required by their supervisor for District purposes
(pursuant to the District’s Standby Policy).
C.District employees may choose to have a telephone-only cell phone or a
telephone with text, internet, photo and other features.
D.Use of Cell Phones
Although District employees are to have their cell phones activated for work
purposes, cell phone use is not limited to District purposes, and employees
may use their cell phones for any lawful purpose.
Cell phone use must be in conformance with other District rules.
Effective July 1,2008 and in accordance with Vehicle Code (VC) §23123 all
drivers are prohibited from using a handheld wireless telephone while operating
a motor vehicle. Motorists 18 and over may use a hands-free device. Employees
are required to pull off to the side of the road and safely stop the vehicle before
placing or accepting phone calls, unless the cell phone or vehicle is equipped
with a hands-free device.
a.Employees who receive allowances will be responsible for obtaining their
own hands-free equipment.
b.Employees who receive a traffic violation resulting from the use of an
employee owned or District issued cell phone, while driving a personal or
District vehicle, shall be solely responsible for all liabilities that result from
such action and may be subject to discipline.
E.Cell phone records may become public records. The District reserves the
right to request to review the District-related contents of all records, data and
communications transmitted, received and stored by the cell phone and/or
the communications carrier if the District has a compelling legal need.
Section 20.4: USE OF CELL PHONE BY NON-EXEMPT CLASSIFICATIONS
DURING OFF DUTY HOURS
A.Employees whose positions are within a non-exempt classification may
not use their cell phone for work purposes (i.e. phone calls, checking and
responding to email, etc.) unless expressly directed to do so by their
supervisor when off duty.
B.When non-exempt employees are expressly directed to use their cell
phone for work purposes by their supervisor, they shall document all time
worked on their time card, the following business day.
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RULE 21 –VEHICLE AND FLEET SAFETY POLICY
Section 21.1: VEHICLE USE POLICY.
A.POLICY.
This policy covers the use of privately owned vehicles (POV) for conducting
official District business and shall be applicable to all elected officials and employees of
the District. This policy establishes a written policy relative to the reimbursement
procedures for privately-owned vehicles used for District business and clarifies the
District’s responsibility for damage and/or liability for private vehicles used on official
District business.
B.PROCEDURE.
When necessary during the course of an elected official’s or employee’s official
duties, the District shall provide reimbursement.
1.Elected officials or employees using their POV on official business
must possess a valid California driver’s license for the class of vehicle they will
be operating.
2.District employees cannot be compelled to use their own vehicles
for District business unless it is a pre-specified condition/requirement of
employment.
a.Employees shall not be reimbursed for commuting to and
from work, except that employees who are required to attend scheduled
meetings outside of normal working hours may be reimbursed for mileage
incurred.
3.The District shall reimburse District elected officials or employees
the IRS mileage reimbursement rate the IRS announces each year when District
employees use their personal vehicles for conveyance to conduct District
business as set forth in CMSD Operations Code 3.01.090. The standard mileage
rate is based on annual studies by the IRS of the fixed and variable costs of
operating an automobile (maintenance, insurance repairs, gas and oil, etc.).
4.Insurance: The individual employee shall insure his/her privately
owned vehicles to be used on official District business. The employee’s
insurance coverage is deemed to be primary. It shall be the Personnel
Manager’s responsibility to ensure that no privately owned vehicle is operated on
District business without insurance coverage and a valid operator’s license
required by regulation. Additional coverage’sand limits of employee and District
shall be asspecified in the District’s insurance coverage SDRMA currently
provides.
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5.District employees are encouraged to carpool whenever feasible.
6.Clarification on District liability: The District shall be responsible to
each employee only when the employee is determined not to be negligent and
the other party is uninsured. Under such circumstances, the District shall be
responsible to the elected official or employee for the amount of the deductible
for comprehensive and/or collision damages suffered by the employee.
Section 21.2: FLEET SAFETY POLICY.
A.PURPOSE.
The purpose of this fleet safety policy is to prevent vehicle accidents and to
promote safe driving practices while maintaining District vehicles and heavy equipment
in proper operating condition.
B.SCOPE.
This policy applies to all District full-time and part-time employees. In addition to
the provisions of this policy, all employees are required to comply with applicable
Federal Department of Transportation (DOT) and California Departmentof Motor
Vehicles (DMV) and local traffic laws, and the established Costa Mesa Sanitary District
driving safety work rules, best practices and procedures.
C.POLICY.
This fleet safety policy serves as the uniform best practice standard governing
the privilege of operating District vehicles and/or heavy equipment within the scope of
employment. Failure to comply with this policy shall lead to disciplinary action up to and
including termination.
D.RESPONSIBILITIES.
1.Operations Manager: The OperationsManager will have the
responsibility to implement the adopted fleet safety policy and overall fleet safety
program by:
a.Directing the Maintenance Supervisor and employees to
endorse and comply with the adopted policy and program components.
b.Providing appropriate safety and financial resources.
c.Providing support and interest in the fleet safety program.
2.Maintenance Supervisors: The Maintenance Supervisor will have
the responsibility to:
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a.Provide training to employees so that they are fullyqualified
to drive and maintain fleet vehicles and heavy equipment.
b.Ensure the safe operation of fleet vehicles in compliance
with the overall fleet safety program requirements.
c.Coordinate the delivery and pick up of District owned fleet
vehicles and heavy equipment to the repair shop for routine preventive
maintenance.
d.Coordinate the delivery and pick up of District owned fleet
vehicles and heavy equipment to the repair shop after unsafe conditions
and/or mechanical defects have been reported by District employees.
e.Enforce the established fleet safety policy’s driving work
rules, procedures, policies and best practices.
f.Thoroughly investigate all vehicle accidents and make
recommendations to avoid future accidents.
g.Demonstrate support and interest in the fleet safety
program.
3.Employees: District employees will have the responsibility to:
a.Adhere to the directives of this fleet safety policy and overall
fleet safety program.
b.Participate in in-service training and apply their education
and training to the safe operation of assigned vehicles and heavy
equipment.
c.Immediately report any change to the status of their driver’s
license to their immediate supervisor, Operations Manager or Human
Resources.
d.Conduct required pre-trip inspections and preventive
maintenance on assigned vehicles and heavy equipment.
e.Thoroughly complete and submit to Maintenance Supervisor
pre-trip and post-trip inspection form.
f.Report unsafe conditions and/or mechanical defects to the
Maintenance Supervisor.
g.Report all accidents immediately to the Maintenance
Supervisor and thoroughly complete the District’s accident report.
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h.If the accident involves a private vehicle, contact the police
department whether injuries occurred or not.
ii.Immediately take pictures of all damaged property
that occurred in the accident.
iii.Follow instructions in the “Accident Fact Kit”, which is
supplied by the District, and exchange information with individuals
involved in the accidents along with witnesses.
i.Maintain a valid California driver’s license, which includes
passing the required physical exam and a satisfactory driving record both
on and off the job.
j.Employees are required to obey all Federal DOT, California
DMV, and City of Costa Mesatraffic regulations.
k.Seat belts and shoulder harnesses MUST BE WORN while
operating or riding in District owned commercial and fleet vehicles.
Inoperative or missing seat belts and/or harnesses shall immediately be
reported to the immediate supervisor. The vehicle or equipment shall not
be operated until the repairs have been made.
l.Employees who are assigned a vehicle and/or piece of
heavy equipment are responsible for the daily inspection of the vehicle
and/or heavy equipment and completion of the required forms. If an
employee is unfamiliar with the operation or maintenance of a vehicle or
piece of heavy equipment, it is his/her responsibility to request information
and instructions on the proper procedures from his/her immediate
supervisor.
E.USE OF DISTRICT VEHICLES.
The operation of District owned or leased vehicles and/or heavy equipment is a
privilege/requirement, which may be withdrawn at any time at the sole discretion of the
General Manager. An employee must comply with the following fleet safety driving rules
and best practices in order to continue this granted privilege/meet the requirement to
operate vehicles and heavy equipment:
1.Maintain an approved and valid California driver’s license with the
applicable classifications and endorsements, if required, at all times. Any loss or
restriction of driving privileges during the employee’s incumbency must be
immediately reported to their immediate supervisor, Operations Manager or
Human Resources.
2.Employees who operate fleet automobiles, light trucks and medium
trucks SHALL conduct a visual pre-trip inspection of the tires, brakes, headlights,
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taillights, directional lights, 4-way flashers, wipers, heater and defroster on the
vehicle at each fueling.
3.Employees who operate commercial vehicles SHALL conduct and
document the required “Pre-trip/Post-trip Inspection” prior to and at the
conclusion of operating on public roadways as required by federal and state
regulations.
4.Unless used during traffic control conditions, engines SHALL BE
stopped and ignition keys removed when parking or leaving District vehicles
and/or heavy equipment, unless parked within an enclosed garage.
5.Individuals not employed by the District are NOT PERMITTED as
passengers in fleet vehicles unless authorized by the Operations Manager or
General Manager. If the Operations Manager or General Manager is not sure of
an acceptable deviation of the policy, they should consult with District Counsel or
Risk Management/Human Resources to determine acceptable risk levels.
6.While fueling fleet vehicles and/or heavy equipment:
a.Smoking is PROHIBITED while fueling.
b.Engines SHALL BE turned OFF during the fueling operation.
Leaving the vehicle unattended while fueling is PROHIBITED.
c.Using an object to “lock the nozzle” on a fuel pump nozzle
while fueling is PROHIBITED.
d.Fuel leaks and/or spills (diesel fuel, and hydraulic oil) shall
be immediately absorbed and cleaned up by using materials from the
District provided “spill kit”. Spills over one gallon SHALL BE reported
immediately to the Maintenance Supervisor.
7.Report any fleet vehicle and heavy equipment mechanical
problems immediately. NEVER drive a fleet vehicle and/or operate heavy
equipment that does not appear safe.
8.Heavy equipment SHALL BE properly maintained and inspected
prior to each use.
9.Employees SHALL BE properly trained and certified on specialty
and heavy equipment prior to its use.
10.Employees ARE NOT ALLOWED to tamper, over-ride or
disconnect any manufacturer installed safety features and devices.
11.Vehicle interiors are to be kept clean and free of rubbish.
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12.Smoking in vehicles is NOT PERMITTED.
F. DRIVER ORIENTATION AND TRAINING.
Orientation and training must supplement the employee’s trial period to assure thatall
employees have the knowledge and skills necessary to perform the job in the manner
expected, as well as to review the District’s policies and practices with each employee.
The orientation and the type and amount of training that is needed will vary directly with
the complexity of the job assignments, and the knowledge and experience level of the
employee.
The Maintenance Supervisor is responsible for orienting and training both new and
current employees regarding the proper use, maintenance and operation of District
vehicles and heavy equipment. The following components shall be thoroughly covered
during the employee’s orientation/trial period.
1.Vehicle Safety Rules, Policies, Procedures and Practices
Employee will be instructed before using the vehicles and/or heavy
equipment for the first time on the following:
-Approved uses of District vehicles
-Vehicle accident procedures
-Maintenance repair reporting process, procedures and mandatory forms
-Vehicle and/or heavy equipment field breakdown procedures
-Proper storage and parking procedures
-Fueling practices and mandatory forms
-Drug Free Workplace Policy
-Fleet safety driving rules and best practices
2.Vehicle Operation (Off Road)
Employees will be instructed on the proper use of vehicles and/or heavy
equipment off road and the following:
-Proper use of the vehicle and/or heavy equipment’s controls, features and
attachments
-Procedures for operating vehicles or heavy equipment on the roadway
-Required inspection techniques
-Completing the mandatory pre-trip inspection form
-Proper use of safety features and equipment
-Cargo loading, unloading, and tie-down practices
-Backing procedures and use of spotters
In addition, the District will provide ongoing in-service training programs
which address the knowledge and skills necessary for all employees to perform
in a satisfactory and safe manner.
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G.VEHICLE AND HEAVY EQUIPMENT MAINTENANCE AND CARE.
It is the responsibility of the Operations Manager and Maintenance Supervisor to
ensure that all District owned or leased vehicles and heavy equipment assigned to their
respective employees are in proper working condition at all times. The Operations
Manager and Maintenance Supervisor shall ensure that an orientation and training
programis developed for vehicles and heavy equipment.
The Operations Manager and Maintenance Supervisor are accountable for the District
assigned vehicles and heavy equipment. This accountability includes instruction of
employees in the proper operation and preventative maintenance procedures and
ensuring that routine vehicle inspections are performed on a pre-use basis and that
inspection forms are completed and submitted in accordance with the established
procedure.
H. VEHICLE EMERGENCY BREAKDOWN PROCEDURE.
Employees are responsible for following the breakdown procedures whenever a vehicle
becomes disabled in a public roadway:
1.Get completely off the traveled roadway. Avoid curves, hills or
places where the view may be obstructed.
2.Shut down the vehicle.
3.Set the parking brake to prevent movement.
4.Turn on the 4-way flashers. If reflective triangles are available, set
them near the vehicle and at approximately 100’ to warn approaching traffic.
5.Call for assistance (911, maintenance supervisor,operations,
manager, repair shop supervisor, etc.)
6. Stay in and with the vehicle.
I.EMERGENCY EQUIPMENT AND SUPPLIES.
Maintenance Supervisor and employees are required to maintain and ensure that all
commercial vehicles are carrying the following emergency equipment:
1.Reflective triangles;
2.Basic first aid kit;
3.Small multi-purpose dry fire extinguisher; and the
4.Proof of Insurance and vehicle registration cards.
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RULE 22 –TECHNOLOGY LOAN AND PROCUREMENT CARD
Section 22.1: TECHNOLOGY LOAN PROGRAM
.
A.PURPOSE.
To elevate technology competency of eligible employees, by encouraging and assisting
the purchase of technology equipment and software for use in employees home by
granting interest free loan from the District. Technology competency on the part of
eligible District employees will increase productivity in the workplace through new
applications and increased use of District technology equipment in daily organization
activities. All regular District employees who have completed their initial probationary
period with the District are eligible for this benefit.
B.LOAN TERMS.
1.The minimum loan amount under this program shall be $200 and
the maximum is $2,500. The employee has the option of financing all or part of
the purchase price of the equipment and materials purchased up to the
maximum.
2.The loan amount shall be specified in a promissory note from the
employee to the District.
3.The loan shall be repaid by the employee through payroll deduction
and the deduction period shall not exceed 24 months (52 pay periods). There
shall be no interest charged. Repayment in full is accepted without penalty.
4.The loan shall become immediately due and payable upon
separation of employment with the District. If there are insufficient funds
available in the final paycheck, remaining balance shall be paid by check orcash
at the time of separation. If a balance remains at the time of separation, the
amount owed will be converted to a loan with a 10% interest rate billed monthly,
if balance not paid in full by check or cash within 30 days of separation from the
District.
5.Each employee will be limited to receiving one technology loan in a
one fiscal year period and cannot obtain a loan if the employee still has an
outstanding loan with the District.
6.Employee agrees not to sell, trade, or otherwise dispose of the
equipment or software until the loan has been paid in full. The employee also
agrees the usage of the equipment and software will be limited to the employee's
own use and that of his/her immediate family. Any reassignment or transfer of
the equipment or software or the Promissory Note will result in the loan being
recalled.
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7.Employees should ensure that their home or renter's insurance
policy provides adequate protection of their equipment from theft, fire, flood, and
lightning. The District does not assume any liability for damage or theft of
equipment.
C.TYPE OF EQUIPMENT.
1.Technology equipment ordered under this program is for the
employee's personal use and for work-related activities. It is intended that the
purchased equipment be compatible with the District's computing equipment.
2.Computers purchased under this program must be IBM PC
compatible. Exceptions may be made to purchase a Mac system if a Mac system
is required in the performance of the employee's District job and a Mac system is
provided by the District for the employee's position. Any configuration of
computer peripheral equipment and software is limited to the following (subject to
the approval of the General Manager): CPU with operating system and windows
software, other internal and external devices, such as drives, monitor, keyboard,
mouse, speakers, modem, scanner, and printer. Shipping, handling fees and
sales tax are also eligible for reimbursement, within the established limits.
3.The equipment is subject to warranty terms and conditions of the
manufacturer. Each employee is solely responsible for arranging for
maintenance service, installation, training, extended warranty or other services at
his/her own expense and is not included in the loan amount.
D.PROCEDURE.
1.The District can obtain government rates through its authorized
technology purchasing vendor, CDW. Employees can search the equipment and
software he/she desiresby visiting www.cdw.com. Print a listing of the hardware
and software, including price quote, tax and delivery.
2.Complete a Personal Technology Loan Program -Loan Request
form, which may be obtained from the Finance Department. This requires the
employee to list the type of equipment to be purchased, the purchase price, the
loan amount and repayment plan requested. Submit this to the Finance
Department and finally to the General Manager to ensure loan approval.
3.After the loan is approved in writing, a Promissory Note outlining
the terms of the loan must be completed and signed by the employee.
4.After the loan request form and Promissory Note is signed by the
employee, the District’s Finance Department will purchase the equipment and/or
software from CDW on behalf of the employee using District appropriated funds.
The equipment and/or software will be shipped to District Headquarters at 628
W. 19th Street.
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5.Payroll deductions (per pay period) will begin at the beginning of
the first pay period following employee receipt of equipment and/or software at
District Headquarters.
E.IRS/TAXES.
Questions regarding tax consequences of participation in this plan should be directed to
a reputable tax advisor.
F.LIMITATIONS.
1.The District assumes no liability against loss, damage or equipment
abuse.
2.The District reserves the right to terminate the Technology Loan
Program at any time.
G.TECHNOLOGY LOAN REQUEST FORM.
All employees who wish to obtain a technology loan must complete the District’s
Employee Technology Loan Request Form.
Section 22.2:PROCUREMENT CARD PROGRAM
.
A.OBJECTIVES.
The Procurement Card Program objectives are as follows:
1.To provide for faster delivery service of low dollar items.
2.To reduce paper and postage expense for mailed warrants by
consolidating vendor payments.
3.To provide a tool to Staff to review procurement card statements
for repetitive purchases and consolidate into new price agreements and
contracts with volume discount prices.
B.POLICY.
The Finance Manageris the administrator of the Procurement Card Program
(CMSD Operations Code 3.01.090) and responsible for the following:
1.Determine who needs a Procurement Card, to be issued in the
cardholder’s name.
2.Establish flexible Procurement Card limits.
3.Establish Procurement Card Cardholder Procedures.
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4.Reviewing the cardholder’s charges on the Procurement Card and
ensuring that the purchases are appropriate and within budget constraints, and
proper documentation is included.
C.DEFINITIONS.
The Finance Manageris the administrator of the Procurement Card Program
(CMSD Operations Code 3.01.090) and responsible for the following:
1.“Procurement Card Bank” is the bank card contractor who will issue
the Procurement Card to the District.
2.“Cardholder” is a District employee who is issued a District
Procurement Card. Determine who needs a Procurement Card, to be issued in
the cardholder’s name.
D.PROCEDURE.
The Cardholder shall be responsible for the following:
1.Complying with Procurement Card Cardholder Procedures.
2.Ensuring the bank card is used appropriately and that all purchases
are within the approved dollar limits and budgeted.
3.Ensuring the security of the Procurement Card while in his/her
possession. If the card is lost or stolen, the Cardholder shall immediately notify
the Procurement Card bank, the Finance Managerand the Personnel Manager.
4.The bank card is not to be used for the cardholder’s personal
purchases. Improper and unauthorized use of the Procurement Card shall result
in disciplinary action, and, where theft is suspected, the Cardholder shall refer
the matter to the pertinent law enforcement agency for investigation and possible
prosecution. The Finance Manager, with the approval of the GeneralManager,
has the option to terminate the Cardholder’s right to use the Procurement Card
at any time and for any reason. The Cardholder shall agree to return the
Procurement Card to the District immediately upon request or upon separation of
employment.
RULE 23 –INJURY, ILLNESS, HEAT ILLNESS PREVENTION AND EMPLOYEE
ASSISTANCE PROGRAMS
Section 23.1: INJURY & ILLNESS PREVENTION PROGRAM
. It is the policy of the
District to provide equal employment opportunity to all persons.
A.POLICY.
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It shall be the policy of the District that every employee is entitled to a safe and
healthful place in which to work. Every reasonable effort will be made in the interest of
accident prevention, fire protection and health preservation.
B.RESPONSIBILITIES.
1.General Manager –The General Manager is responsible for
ensuring the IIPP is implemented. Duties include, but are not limited to:
a.Ensuring all managers actively support the IIPP.
b.Providing the funding necessary to maintain an effective and
compliant safety program.
2.Managers & Supervisors –Managers & Supervisors have the
responsibility of providing a safe place to work including facilities, equipment,
standards and procedures, adequate supervision and recognition for a job done
properly. They areresponsible for training all of their employees to perform their
jobs properly and safely. They teach, demonstrate, observe and enforce
compliance with established safety standards.
3.IIPP Administrator –The IIPP Administratoris the Administrative
Services Manager, whohas the responsibility for the implementation,
maintenance and update of the Program.
4.Employees –Employees have the responsibility of performing their
tasks properly and safely. They are to assure themselves that they know how to
do the job properly, and ask for additional training or assistance when they feel
there is a gap in their ability, knowledge, or training. They should never
undertake any task, job or operation unless they are able to perform it safely.
C.COMPLIANCE.
1.Management Responsibility –Management is responsible for
ensuring organizational safety and health policies are clearly
communicated and understood by employees. Managers and supervisors
are expected to enforce the rules fairly and uniformly.
2.Employee Responsibility –All employees are responsible for using
safe work practices, following directives, policies and procedures, and for
assisting in maintaining a safe work environment.
3.Performance Evaluations
a.As part of manager and supervisor regular performance
evaluations, they are evaluated on what they have done to ensure
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a safe workplace for their respective employees. They are also
evaluated on their positive or negative loss results.
b.As part of employee regular performance reviews, they are
evaluated on their compliance with safe work practices.
4.Recognition –Managers, supervisors and employees who make a
significant contribution to the maintenance of a safe workplace, as determined by
their superiors, receive written acknowledgment maintained in their personnel
files.
5.Employee Training –Employees are trained and retrained on the
correct safety and health procedures.
6.Employee Correction –Employees who fail to follow safe work
practices and/or procedures, or who violate organizational rules or directives, are
subject to disciplinary action, up to and including termination in accordance with
the organization's personnel-related policies and procedures.
Managers and supervisors correct safety violations in a manner considered
appropriate by organizational management.
D.COMMUNICATION.
1.Two-Way Communication –Management recognizes open, two-
way communication between management and staff on health and safety issues
is essential to an injury-free and productive workplace.
2.The Organization's System of Communication –The following
system of communication is designed to facilitate a continuous flow of safety and
health information between management and staff in a readily understandable
form.
a.An orientation program is given to all new employees and
includes a review of the Injury & Illness Prevention Program and a
discussion of policy and procedures the employee is expected to follow.
b.The organization has safety meetings where safety is freely
and openly discussed by all present. Field tailgate safety meetings are
held monthly. Office safety meetings are held quarterly. All employees
are expected to attend their respective meetings and are encouraged to
participate in discussion.
c.From time to time, safetynotifications may be sent via e-mail
to office employees. Copies of such e-mails would be distributed to
employees who do not have computers.
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d.Other methods of communicating pertinent health and safety
information are used as they are identified.
3.Safety Suggestions and Hazard Reporting
a.All employees are encouraged to inform their supervisors or
other management personnel of any matter which they perceive to be a
workplace hazard or a potential workplace hazard. They are also
encouraged to report suggestions for safety improvement.
This reporting can be done orally or preferably in writing. If done in
writing, the notification may be given directly to the supervisor, the IIPP
Administrator or other management personnel, or placed in a suggestion
box.
b.If an employee wishes to report anonymously, a hazard,
safety suggestion or other safety problem he or she can complete an
Employee Report Form, and not indicate his/her name.
c.No employee shall be retaliated against for reporting
hazards or potential hazards, or for making suggestions related to safety.
d.Management reviews all suggestions and hazard reports.
e.If employees provide their names in regard to the
notification, they shall be informed of what is being done within five
working days of receipt.
E.HAZARD IDENTIFICATION AND EVALUATION.
Inspection of the workplace is our primary tool used to identify unsafe conditions and
practices. While we encourage all employees to continuously identify and correct
hazards and poor safety practices, certain situations require formal evaluation and
documentation.
1.Safety Inspections –Internal safety inspections are conducted on a
monthly basis for all shop and maintenance facilities. Safety inspections are
conducted for all office areas at least annually. Hazards found are corrected on
the spot or recommendations are submitted for future corrections.
2.Additional Inspections –Inspections are also conducted in
accordance with Cal-OSHA requirements:
a.Whenever new substances, processes, procedures or
equipment present a new safety or health hazard.
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b.Whenever management/supervision become aware of a
new or previously unrecognized hazard, either independently or by receipt
of information from an employee.
c.Whenever it is appropriate to conduct an unannounced
inspection.
F.CORRECTION OF HAZARDS.
When a hazard exists it is corrected on a timely basis based on the severity of the
hazard. If imminent danger exists to any employees, management and supervision
remove these employees from the danger at once, and personnel who are provided
with the necessary safeguards correct the hazard.
G.TRAINING.
1.Orientation -New Employees –The Administrative Manager or
designee conducts the initial orientation on general safety within the first two
days the new employee is on the job. All employees are provided with a copy of
the IIPP.
2.Initial On-The-Job Training –When an employee first starts to
work, a manager/supervisor trains the employee in all aspects of safety for the
purpose of educating the new employee on the hazards of the work environment
and the required safety procedures to mitigate those hazards.
The manager/supervisor conducts this training and documents it by using
the New Employee Training Checklist. The manager/supervisor and the
employee sign the Checklist when the training is completed. The Checklist then
becomes a permanent part of the employee's personnel file.
All new hires are given a copy of the organization's Injury & Illness
Prevention Program and those rules and regulations (Code of Safe Practices)
applying their work environment. The New Employee Training Checklist is filled
out during the employee's initial on-the-job training.
3.Specific Organization-Wide Training
a.Emergency Action Plan–This training includes what the
employee is to do under specific circumstances, such as fire, earthquake,
medical emergency and bomb threat.
b.First Aid, CPR and Blood bornePathogen Training
Designated employees receive first aid, CPR and blood borne
pathogen training in accordance with the American Red Cross and/or
American Heart Association requirements.
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c.Defensive Driver Training –All employees who may drive on
organization business receive defensive driver training not less than every three
years. Driving on organization business includes driving organization vehicles as
well as personal vehicles.
d.Ergonomics –All employees receive ergonomic training for their
specific jobs. At minimum, each employee receives training on proper lifting
techniques and, if necessary, computer workstation design.
4.Retraining –Reasons for retraining include change of job
assignment, change of operations or materials, observation of poor work habits,
or update of training methods. Managers and supervisors perform retraining:
a.When an existing employee changes job functions.
b.On at least an annual basis as a refresher program.
Such training includes general workplace safety, job-specific hazards
and/or hazardous materials, as applicable.
5.Specialized Training
a.Supervisors are trained in their responsibilities for the safety
and health of their employees. Such training includes both safety
management and technical subjects.
b.Supervisors are trained in the hazards and risks faced by the
employees under their immediate direction.
c.Managers, supervisors and the IIPP Administrator:
i.Determine safety-training needs.
ii.Implement new training programs.
iii.Evaluate the effectiveness of these programs.
d.In addition, training is provided whenever:
i.New substances, processes, procedures or
equipment pose a new hazard and there is a lack of skill or
knowledge to deal with the situation.
ii.Management, supervision or the IIPP Administrator
become aware of a previously unrecognized hazard and there is a
lack of skill or knowledge to deal with the hazard.
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H.RECORD KEEPING.
In coordination with other CMSD management, the IIPP Administrator is responsible for
maintaining all documentation relating to the implementation of the IIPP:
1.For the purpose of displaying a tracking history of occupational
safety and health programs and activities, all documents are maintained for a
minimum of one year plus the current year, unless otherwise stated.
For example, at the end of each year,the prior year’s documents are
removed from the files. During the next year, current year documents are
maintained along with the just-past year’s documents.
2.Specific records are maintained for each of the topics within the
IIPP to include, but not be limited to:
a.Employee recognition and correction
b.Safety meetings and other safety communication
c.Safety suggestions and hazard reporting
d.Hazard identification and correction
e.Occupational injury & illness investigations
f.Training
Section 23.2: REPORTING ON-THE-JOB INJURIES
.
A.Employees shall report personal injuries sustained or injuries suffered by
other incapacitated employees immediately to their supervisor. The supervisor shall
ensure necessary medical treatment is provided by either referring the employee to the
District’s Company Nurse program or calling the District’s Company Nurse on the
employee’s behalf. The Company Nurse will provide the employee with the necessary
treatment options available to him/her and provide instructions for any follow-up care.
The Supervisor willalsoconduct an investigation of the injury and document such.
Documentation shall be reported on a “Supervisor’s Accident Investigation Report” and
the injured employee shall complete an “Employee’s Claim for Workers Compensation
Benefits”, form DWC-1. The supervisor shall submit the documents to the Personnel
Manager within one working day of receipt of the completed DWC-1 form from the
employee, as required by law.
B.In the event of life periling injuries, or hospitalization of the employee, the
PersonnelManager shall be notified immediately by phone. The Personnel Manager
shall review and evaluate the events leading to an on-the-job injury for remedial action.
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C.Whenever a supervisor is advised byan employee that a medical
condition may be work related in the employee’s opinion, the supervisor shall
immediately advise the employee of the right to file a worker’s compensation claim and
provide the DWC-1 form to the employee. The PersonnelManager shall investigate all
claims for determination of whether the medical condition is work related, as provided
under worker’s compensation law.
Section 23.3:HEAT ILLNESS PREVENTION PROGRAM
.
A.SYMPTOMS OF HEAT ILLNESS.
1.Fainting (heat syncope) –a worker who is not accustomed to hot
environments and who stands still in the heat may faint.
Preventive/Response Measure
Upon lying down in a cool place, the worker should soon recover. By
moving around and drinking plenty of water, the worker can prevent further
fainting.
2.Heat Cramps –Heat cramps are painful spasms of the muscles
that occur among those who sweat profusely in heat, drink large quantities of
water, but do not adequately replace the body's salt loss. The drinking of large
quantities of water tends to dilute the body's fluids, while the body continues to
lose salt. Shortly thereafter, the low salt level in the muscles causes painful
cramps. The affected muscles may be part of the arms, legs, or abdomen, but
tired muscles (those used in performing the work) are usually the ones most
susceptible to cramps.
Preventive/Response Measure
Drink electrolyte solutions such as Gatorade or plenty of water during the
day and try eating more fruits such as bananas to help the body hydrate during
hot weather.
3.Heat Exhaustion –Heat exhaustion includes several symptoms,
which may resemble the early signs of heat stroke. Heat exhaustion is caused by
the loss of large amounts of fluid by sweating, sometimes with excessive loss of
salt. A worker suffering from heat exhaustion still sweats but experiences
extreme weakness or fatigue, giddiness, nausea, or headache. In more serious
cases, the victim may vomit or lose consciousness. The skin is clammy and
moist, the complexion is pale or flushed, and the body temperature is normal or
only slightly elevated.
Preventive/Response Measure
The employee suffering these symptoms should be moved to a cool
location such as shaded area or air-conditioned building. Have the worker lie
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down with his/her feet slightly elevated. Loosen his/her clothing, apply cool, wet
cloths or fan him/her. Have him/her drink water or electrolyte drinks. Try to cool
him/her down and have him/her checked by medical personnel. Victims of heat
exhaustion should avoid strenuous activity for at least a day, and they should
continue to drink water to replace lost body fluids.
4.Heat Stroke –Heat stroke is the most serious of health problems
associated with working in hot environments. It occurs when the body's
temperature regulatory system fails and sweating becomes inadequate. The
body's only effective means of removing excess heat is compromised with little
warning to the worker that a crisis stage has been reached.
A heat stroke victim's skin is hot, usually dry, red or spotted. Body
temperature is usually 105ºF or higher, and the worker is mentally confused,
delirious, perhaps in convulsions or unconscious. Unless the worker receives
quick and appropriate treatment, death can occur.
Preventive/Response Measure
Any worker with signs or symptoms of heat stroke requires immediate
hospitalization. However, first aid should be immediately administered. This
includes removing the worker to a cool area, thoroughly soaking the clothing with
water, and vigorously fanning the body to increase cooling. Further treatment at
a medical facility should be directed to the continuation of the cooling process
and the monitoring of complications, which often accompany the heat stroke.
Early recognition and treatment of heat stroke are the only means of preventing
permanent brain damage or death.
B.RECOGNIZING HEAT ILLNESS RISK FACTORS.
As noted earlier, environmental risk factors for heat illness include air temperature,
relative humidity, radiant heat from the sun and other sources, conductive heat sources
such as the ground, air movement, workload severity and duration, protective clothing
and personal protective equipment worn by employees. Personal risk factors for heat
illness include age, degree of acclimatization, general health, water consumption, and
use of medications, caffeine, or alcohol, which can affect the body’s water retention or
other physical response to heat. The following are the responsibilities for every District
employee to recognize heat illness risk factors.
1.General Manager or His/Her Designated Representative –Issuing
Heat Stroke Alert as indicated in the Heat Illness Index Chart, which is attached
to this Employee Handbook hereto as Attachment “C”.
2.Administrative Service Manager –Ensuring employees who are
working in hot environments take necessary precautions as outlined in the Heat
Conditions Table, which is attached to this Employee Handbook hereto as
Attachment “D”, as well as determining what activities can be performed during a
danger period.
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3.Maintenance Supervisor –Maintenance Supervisor must evaluate
work conditions before sending employees to perform outdoor work in hot
conditions. Typically, temperature above 90ºF, especially with heavy physical
work activities, would represent conditions where there is a risk of heat illness.
Other factors, such as high humidity or work activities that restrict the body’s
ability to cool itself, such as protective clothing, could result in a risk of heat
illness at lower temperatures. Maintenance Supervisor must also:
a.Establish a schedule for work and rest periods during hot
days.
b.Go over with his/her staff how to recognize signs and
symptoms of heat illness and be prepared to give first aid if necessary.
c.Annual training of his/her staff who work inhigh heat areas.
d.Use the Heat Illness Index Chart to assess the
environmental risk of heat illness, based on temperature and relative
humidity. Provision of water and shade should be implemented whenever
the Heat Index exceeds 90ºF.
e.Realize individual employees vary in their tolerance to heat
stress conditions.
4.Employees –Employees must attend training on the environmental
risk of heat illness and follow the instructions given. They are also responsible
for monitoring themselves for signs and symptoms of heat illness as outlined in
the Heat Conditions Table. Employees must also:
a.Pace the work, taking adequate rest periods in shade or
cooler environment
b.Keep shaded from direct heat where possible by wearing a
hat and applying sunscreen.
c.Drink plenty of water. In hot environments the body requires
more water than it takes to satisfy thirst. Drink before you are thirsty.
Electrolyte drinks are encouraged but not necessary, plain water works
well.
C.ACCLIMATIZATION.
Employees need time for their bodies to adjust to working in the heat. This
“acclimatization” is particularly important for employees returning to work after a
prolonged absence, recent illness, moving from a cool to a hot climate, or working
during the beginning stages of a heat wave. For heavy work under extremely hot
conditions, a period of four to ten days of progressively increasing work time, starting
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with about two hours work per day is required under this program. For less severe
conditions at least the first two to three days of work in the heat must be limited to two
to four hours. The Maintenance Supervisor will monitor his/her staff closely for signs
and symptoms of heat illness, particularly when they have not been working in the heat
for the last few days or when a heat wave occurs.
D.WATER.
Clean, fresh, and cool potable water shall be readily available to employees. Whenever
environmental risk factors for heat illness exist, drinking water will be provided in
sufficient quantities to provide one quart per employee per hour for the entire shift (at
least two gallons per employee for an eight-hour shift). The Maintenance Supervisor is
responsible to ensure that his/her staff has an adequate supply of drinking water.
Employees are encouraged to drinkwater frequently.
E.SHADE.
A shaded area will be provided that employees may use when they are suffering from
heat illness or believe they need a recovery period to prevent heat illness. The shaded
area shall be open to the air or ventilated and cooledand access shall be permitted at
all times. Canopies, umbrellas or other temporary structures may be used to provide
shade, provided they block direct sunlight. The Maintenance Supervisor is responsible
to ensure that his/her staff has access to a shaded area.
F.RESPONDING TO HEAT ILLNESS.
The following procedures must be followed if the supervisor recognizes signs or
symptoms of heat illness in his/her staff or an employee recognizes symptoms in
himself/herself:
1.Move to a shaded area or air-conditioned building for a recovery
period of at least five minutes.
2.Drink plenty of water.
3.If the condition appears to be severe or the employee does not
recover, then emergency medical care is needed. Emergency medical care shall
be provided by the following method:
4.Thoroughly soaking the clothing with water, and vigorously fanning
the body to increase cooling.
5.Call 911. Be ready to provide emergency response personnel with
directions to work location
6.If necessary, transport employee to oneof the following facilities to
receive immediate medical care:
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a.Costa Mesa Fire Department, Station 1, 2803 Royal Palm
Drive
b.Costa Mesa Fire Department, Station 2, 800 Baker Street
c.Costa Mesa Fire Department, Station 3, 1865 Park Avenue
d.Costa Mesa Fire Department, Station 4, 2300 Placentia
Avenue
e.Costa Mesa Fire Department, Station 5, 2450 Vanguard
Way
f.Costa Mesa Fire Department, Station 6, 3350 Sakioka Drive
g.Hoag Hospital, One Hoag Drive, Newport Beach
Regardless of the employee’s protest, no employee with any of the
symptoms of possible serious heat illness noted in this program should be sent
home or left unattended without medical assessment and authorization.
G.TRAINING.
All employees who may work outdoors in conditions where there are environmental risk
factors for heat illness shall be provided training on the proper measures to protect
themselves and their colleagues. The training will include the following information:
1.Why it is important to prevent heat illness;
2.Procedures for acclimatization;
3.The need to drink water frequently;
4.The need to take breaks out of the heat;
5.How to recognize symptoms of heat illness;
6.How to contact emergency services and how to effectively report
the work location to 911; and
7.The importance of choosing water instead of soda or other
caffeinated beverages, and avoiding alcoholic beverages altogether during high
heat.
Section 23.4: EMPLOYEE ASSISTANCE PROGRAM
.
A.POLICY
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This policy establishes a confidential Employee Assistance Program (EAP) for District
employees and their immediate families through Employee Support Systems Company
(ESSCO). All District employees are valuable members of the District team of
professionals serving the community. Sometimes problems arise which may be difficult
for employees to solve alone. The EAP is designed to assist the employee and family
members in resolving problems affecting physical and emotional well-being and job
performance. It is a completely confidential employee benefit. The District provides for
and fully funds this confidential benefit for all employees and their immediate families
as it provides the following services:
1.Private and confidential assessment and referral counseling.
2.24-hour, 7-days-per-week emergency telephone counseling.
3.EAP consultation with licensed or certified counselors.
4.Appointments outside of work hours.
5.Coverage extends to family members and significant others.
6.No charge to the employee or family member for the EAP counseling.
7.Bilingual counseling in Spanish. Arrangements for other languages can
be made in advance of the scheduled appointment. Counselors in several other
languages are readily available.
8.Referrals to community social services and self-help groups.
9.Referrals to licensed outpatient and inpatient treatment facilities often at
contracted, reduced rates.
10.Follow-up and case management on all persons using the EAP.
11.Group debriefing when a traumatic incident occurs.
12.Coordination with other employee benefit plans provided by your
employer.
B.Employees are encouraged to use this benefit as needed by calling ESSCO at 1-
800-221-0945 or its successor.
RULE 24–TRAVEL AND PER DIEM
Section 24.1:TRAVEL REIMBURSEMENT
.
A.SCOPE.
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It isthe intent of the District to reimburse District personnel for all reasonable expenses
incurred whenever they are required to travel on business for the District. “Business for
the District” shall include expenses incurred in connection with approved official
representation of the District from which the District will derive a specific benefit such
as: attendance at training, seminars, symposia, conferences, hearings, conventions or
other meetings.
B.TRAVEL AUTHORIZATION.
When it is necessary for District staff to attend meetings or training away from the
District or to travel outside the District to conduct District business, various modes of
transportation, lodging accommodations and meal alternatives are available. The
associated costs vary considerably. In an effort to control costs and to compensate
personnel for reasonable expenses, the following policy shall be adhered to for all
District travel:
1.All travel requests shall be submitted with the annual budget
requests.
2.District staff may not attend out-of-state conferences unless
approved by the Board of Directors.
3.District staff may attend in-state conferences. The General
Manager must approve all travel, provided sufficient monies have been
previously budgeted.
4.The General Managermay authorize the attendance of additional
District personnel if deemed appropriate and travel funds are available.
5.Arrangements must be made sufficiently in advance to take
advantage of available discounts for registration, air fareand lodging.
C.TRANSPORTATION.
1.For travel outside the Southern California area, employees are
expected to travel by air. If traveling by private vehicle, departure and
arrival times shall be based on air travel time. Departure shall not be
earlier than that which would allow the District personnel to arrive within a
reasonable amount of time to attend the first scheduled event of the
conference, seminar, etc.; in turn, the same reasonable time period shall
apply to departure from the event when returning and shall allow District
personnel to return at the earliest reasonable time possible. Reasonable
amount of time shall be determined in one-half day increments, subject to
General Manager or Personnel Manager approval, i.e.:
-If the conference begins at 9:00 a.m.,Tuesday in San Francisco, the
employee may leave Costa Mesa Monday evening after the work day.
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-If the conference begins at Noon Tuesday in San Francisco, the District
personnel may depart from Costa Mesa (or home) early Tuesday
morning.
-If the firstscheduled event begins at 5:00 p.m. on Tuesday in San
Francisco, District personnel may depart from Costa Mesa late Tuesday
morning or early Tuesday afternoon.
2.Departures and subsequent arrival practices will be contingent
upon flight schedules and fare discounts.
3.If District personnel wish to deviate from the reasonable arrival or
departure time period for personal reasons or if alternative transportation
is involved, any excess time (that which is above the time required to fly)
shall be charged as vacation leave time and will require General Manager
approval in advance. This practice shall apply to District personnel driving
personal vehicles. Permission to drive shall not be construed to mean “on
District time”. Any additional expenses, including meal and lodging costs,
resulting from excess travel time will be at the individual’s own expense.
4.Use of a private car (if authorized in advance) will be reimbursed at
approved rates in effect at the time of travel. A copy of the employee’s
proofof automobile insurance must remain on file with the Personnel
Manager. In cases where more than one person is attending the same
event, they will be strongly encouraged to travel together and mileage
reimbursement would be for one vehicle only. In instances where this is
not possible, advance approval by the Personnel Manager will be
necessary. Mileage reimbursement will be based on actual miles driven,
from the District office. The maximum paid for transportation to areas
outside Southern California shall not exceed the equivalent cost of “coach
fare” airline transportation plus the cost of other necessary ground
transportation at the destination.
5.Payment for travel reservations should be made far enough in
advance (generally 14 to 21 days) to take advantage of discounts. Staff is
required to make their own travel arrangements, but are encouraged to
use the local travel agencies or the internet (depending upon which is
least expensive) to make travel arrangements.
D.CAR RENTALS.
When traveling,the use of rental cars is discouraged. Airportshuttle service, buses, or
taxis should be utilized between airports and hotels or meeting locationsif within 30
miles. Staff should check availability and cost, and make their own car rental
arrangements.When renting a car, insurance and other extras should not be
requested. Before returning the car, the District personnel are to make sure the car is
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returned with the same amount of gas as when rented, usually a full tank. The District
personnel may then claim reimbursement for the gas with the proper receipt.
E.LODGING.
1.Receipts for lodging must be submitted to obtain reimbursement.
Lodging reimbursement may be requested when traveling outside of
Orange Countyor when attendance at events is fortwo or more
consecutive days. Lodging reimbursement for the night prior to the
beginning of an event may be allowed only if time and/or travel schedules
prohibit travel at reasonable hours on the first day of a conference.
Generally, reimbursement wouldbe allowed if the event begins before
9:00 a.m. (and is outsideof Orange County) or is out of the state. Note:
No lodging decisions should be made based on where an employee’s
residence is located (i.e. an employee who commutes 50 miles to work
each dayshould be held to the same standard for lodging purposes that
would be applied to an individual who commutes five miles to work). No
lodging reimbursement will be allowed for the night following the event,
except under circumstances beyond the control ofthe District personnel
(i.e. flight canceled).
2.Lodging reimbursement will not be approved for travel within
Orange County regardless of the length of the event. Note: This applies
to all events attended by any District Official or District Staff, since it is
inappropriate to use District funds for unnecessary and frivolous
purposes. An exception will be made if on site lodging is a requirement of
the event and it is approved in advance by the Board of Directors, or if the
event is structured to go later into the evening than a normal conference
(typically past 8:00 p.m.).
3.Lodging shall be obtained at the most economical rate available for
good quality. Lavish or oversized accommodations are not justified.
Conference headquarters hotels are encouraged, when not unnecessarily
expensive. Reservations made through the convention and/or housing
bureaus (usually offered through conference literature) are encouraged. If
the convention or housing bureaus are not used, and if more than one
place of lodging is available, the prevailing rate for a single occupancy
room will be allowed. In the absence of group or special rates, District
personnel should request a “government rate” discount.
4.Advance payment may be made by check requisition or the
District’s credit card. Check requisition forms may request the check
being mailed to the lodging provider. For all travel advances paid either
directly to the individual or a third-party, a supporting schedule detailing
the type of expenditures being advanced must be attached to the check
requisition. This will allow the Accounting Department to determine if the
expenditures requested for advance are eligible for reimbursement prior to
those costs being incurred. Receipts are to be kept and attached to the
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employee’s travel form and submitted to Accounting immediately after the
conclusion of the event.
F.MEALS.
1.The meal allowance is $65.00 per day including taxes and tips. All
meal reimbursements will be completed after an itemized receipt is
submitted to Accounting. In instances where District personnel will be
purchasing less than a full day of meals (i.e., less than three meals per
day), the per diem, including tip, will be on a per meal basis as follows:
breakfast $13.00
lunch $17.00
dinner$35.00
Reimbursement for an evening meal on the night prior to the beginning of
an event may be allowed if the event begins at 9:00 a.m. or earlier the
following day and the amount of time required to travel to the location
does not provide fordinner at a regular hour. Per diem may not be
claimed for meals which are already included in the conference
registration fee. Any claiming of per diem for meals that have been
provided or paid for by other parties shall be considered inappropriate and
subject to disciplinary action.
2.The per diem meal breakdown summarized above will be adhered
to in all instances, examples are as follows:
a.If breakfast and lunch are included with a conference an
individual may claim a maximum of $35.00 for dinner–not the
$65.00 daily allowance.
b.An employee will not be reimbursed per diem amounts if
alternate meals are purchased when meals have been included
with the conference (i.e. an employee decides to skip the lunch
banquet and eat at a nearby restaurant-an individual may elect to
eat elsewhere, but at the employee’s expense).
c.All receipts must be kept and submitted when seeking
reimbursement for meals purchased for individuals other than the
claimant and shall indicate the date, participating parties and
purpose of the meeting.
d.The employee, who picks up the check for a group of
employees, will not be reimbursed for more than a single per diem.
3.The following are examples of how per diem may be claimed:
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a.Per diem for breakfast may be claimed if District personnel
are in travel status prior to 7:00 a.m. and breakfast is not provided;
b.Per diem for lunch may be claimed if District personnel are
attending an out-of-town conference through the lunch hour, and
lunch is not provided.
c.Commuter courses (i.e. travel within Orange County) meals
will be reimbursed to a maximum of $8.00 for each employee.
d.Per diem for dinner may be claimed if District personnel are
required to stay overnight, and dinner is not provided.
G.UNAUTHORIZED EXPENSES.
1.Items of a personal nature are not reimbursable including: alcoholic
beverages, movies, entertainment, premium television services, snacks,
dry-cleaning, spas, gyms, barber, magazines, shoeshine, travel insurance,
supplemental insurance on rentalcars, toiletries, loss of tickets, fines or
traffic violations, excess baggage, lecture tapes or books, the incremental
cost for spouse or guest accommodations or other items of a personal
nature. Business calls to the District work sites will be reimbursed in full.
Telephone, FAX and e-mail charges will be allowed for official calls,
including Internet access.
2.If unauthorized expenses have been paid by the District (i.e., via
District credit card or petty cash), the individual will be responsible for
immediate reimbursement to the District by personal check (or a payroll
deduction if necessary).
.
H.OUT OF POCKET COSTS.
All conference and meeting attendance must be authorized by the General Manager.
Requests should be made far enough in advance to take advantage of all available
discounts and to take into consideration normal processing requirements. A Check
Requisition form made out to the sponsor with the proper supporting registration forms
should be forwarded to Accounting for payment and mailing. Registration must be
included on a regular warrant register and will not be processed on a “pre-issued
manual” basis. If registration is paid upon arrival at said conference by the District
personnel, an original receipt must be submitted for reimbursement and in some
instances a copy of the employee’s cancelled check may be requested to support the
amount claimed.
I.REIMBURSEMENT AND ADVANCE PAYMENT PROCEDURES.
1.The Monthly Mileage & Expenses Report form is used to request
reimbursement for one day commuter activities such as: seminars,
professional association lunch meetings, mileage, etc. Mileage amounts
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are reimbursed on an actual miles traveled basis, while other
expenditures (i.e. the cost of a lunch meeting) are reimbursed on an
actual out-of-pocket basis. Monthly Mileage & Expense Report must be
submitted within 10 days after the end of the month, with all original
receipts attached.
2.It is the policy of the District that the standard forms provided by the
District be used to document travel and business expenses and in support
of request for reimbursement. All expenses must be listed on a single
form. Original receipts (not photo copies) are required and must be
submitted with all expense reports. It is the responsibility of the individual
incurring the expense to see that documentation for business and travel
expenses is complete and submitted in a timely and accurate manner.
3.Persons with delinquent expense reports (a report not filed within
10 days of the trip return date) will not be allowed to obtain a future travel
advance until their delinquent expense reports are filed.
J.EXCEPTIONS.
It is the District’s desire to generally adhere to these policies. Nevertheless, there may
be occasions when District personnel are unableto comply with them. It is the
responsibility of the individual to prepare a written, signed statement as to why an
exception/s should be approved. The District is under no obligation to provide
reimbursement without original receipts. The General Manager or designee may
Approve of exceptions to these policies. There may also be instances where the
General Manager determines it to be in the best interest of the District, primarily due to
budgetary constraints to limit the amount of meal per diem or require the sharing of
lodging accommodations at conferences. In these situations the individual cannot be
required to attend.
Section 24.2: EXPENSE REIMBURSEMENT
.
A.Employees will be reimbursed for their out-of-pocket expenses incurred
while conducting official District business. District employees who use their private
vehicle while conducting District business will be reimbursed at the rate described in
CMSD Operations Code section 3.01.030. All other expenses not related to
conferences, meetings and/or use of a private vehicle will be reimbursed by means of
the petty cash fund. Original receipts are required for all expenses including meals.
B.An employee must sign his/her expense claim and obtain General
Manager approval to be reimbursed for expenses.All claims for expenses must be
submitted within 10 days after the end of the calendar month in which expenses were
incurred. Expenses totaling $100.00 or less shall be reimbursed from the District petty
cash fund. Expenditures totaling more than $100.00 shall be reimbursed by means of a
District warrant.
RULE 25–EQUAL EMPLOYMENT OPPORTUNITY
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Section 25.1: GENERAL POLICY
.It is the policy of the District to provide equal
employment opportunity to all persons.
All Districtrecruitment, hiring, training, promoting and transferring shall be done without
regard to race, color, religion, national origin, sex, maritalstatus, political affiliation, age,
or physical or mental disabilities not constituting bona fide occupational qualifications.
All personnelpolicies, procedures and practices shall beadministered accordingly.
The Districtrecognizes its moral and legal responsibility to provide equalemployment
opportunity, to take affirmative and direct action at all levels of special district
government regarding job classifications, salaries, training, fringe benefits, and other
personnel policies,and to improve employment and career opportunities for minority
group persons and women according to affirmative action principles.
The GeneralManager is responsible for implementation of all equal employment
opportunities and affirmative action programs adopted by the District.Supervisorsare
required to assure that equal employment opportunity concepts aresupported by their
organizations. Employee organizations must support and comply with adopted
programs and the Personnel Manager shall maintain appropriaterecords and prepare
status reports on implementation.
RULE 26-SERVICE AWARDS
Section 26.1: Purpose.
The purpose of Service Awards is to recognize employees for
their services to the District and the Community. Service awards shall be presented to
employees in the classified service for five years of service and at each five year
interval thereafter.
For purposes of this Rule, the term "years of service" as applied to employees in the
classified service shall be defined as the accumulated total of all periods of full-time
service, excepting therefrom any periods of leave of absence at no pay exceeding 30
calendar days.
The provisions of this Rule shall apply also to the District’sBoard of Directors.
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