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HomeMy WebLinkAbout1983-12-21; Municipal Water District; Resolution 444RESOLUTION NO. 444 A RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT ESTABLISHING AN ADMINISTRATIVE CODE FOR COSTA REAL MUNICIPAL WATER DISTRICT WHEREAS, the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT has deemed it to the best interest of COSTA REAL MUNICIPAL WATER DISTRICT and its operation to adopt an Administrative Code for COSTA REAL MUNICIPAL WATER DISTRICT for the purpose of providing the Board of Directors and the employees of the staff of COSTA REAL MUNI- CIPAL WATER DISTRICT with a composite statement, containing the or- ganizational structure of all personnel connected with COSTA REAL MU- NICIPAL WATER DISTRICT, the duties and functions of all personnel con- 7 nected with the COSTA REAL MUNICIPAL WATER DISTRICT, the rights, bene- fits, duties and obligations of all personnel connected with COSTA REAL MUNICIPAL WATER DISTRICT and the procedures for the administra- tive operation of COSTA REAL MUNICIPAL WATER DISTRICT; and WHEREAS, the Board of Directors of COSTA REAL MUNICIPAL WATER DISTRICT have carefully reviewed, studied and discussed all portions of the proposed Administrative Code for COSTA REAL MUNICIPAL WATER DISTRICT. NOW, THEREFORE, THE BOARD OF DIRECTORS OF COSTA REAL MUNI- CIPAL WATER DISTRICT DOES HEREBY AESOLVE AND ORDER AS FOLLOWS: 1. The COSTA REAL MUNICIPAL WATER DISTRICT Administrative Code, attached hereto as Exhibit "A" and incorporated herein by ref- erence, is hereby adopted as the COSTA REAL MUNICIPAL WATER DISTRICT -1- Administrative Code. -- 2. Any existing administrative policies, personnel policies, procedures, resolutions or ordinances of COSTA REAL MUNICIPAL WATER DISTRICT in conflict with the provisions of the COSTA REAL MUNICIPAL WATER DISTRICT Administrative Code herein adopted are herewith re- scinded and repealed as of December 31, 1983. 3. The effective date of the COSTA REAL MUNICIPAL WATER DIS- TRICT Administrative Code shall be January 1, 1984. 4. All future administrative procedures of the COSTA REAL MUNICIPAL WATER DISTRICT shall be in conformance with the COSTA REAL MUNICIPAL WATER DISTRICT Administrative Code as herein adopted until such time as the said Administrative Code may be revised or amended by action of the Board of Directors of COSTA REAL MUNICIPAL WATER DIS- TRICT . ADOPTED, SIGNED AND APPROVED this 21st day of December, 1983. N. M. ALMACK, President OSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. -2- ATTEST: 'FRED W. MAE of COSTA REAL MU and of the Board of Directors thereof. -3- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, FRED W. MAERKLE, Secretary of the COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof, do hereby certify that the foregoing Resolution was duly adopted by the Board of Directors of said District at a regular meeting of the Board held on the 21st day.of December, 1983, and that it was adopted by the following vote: AYES : Directors: ALMACK, BONAS, KELLY, MacLEOD and MAERKLE NOES : Directors: None ABSENT: Directors: None -4- L COSTR REAL MUNICIPAL WATER DISTRICT c COSTA REAL MUNICIPAL WATER DISTRICT ' ADM I N I STRAT I VE CODE INDEX Article 1. Genera 1 Provi s i ons Sec. 1.1 Purpose Sec. 1.2 Adoption Sec. 1.3 Changes Article 2. Oraanization of the Board of Directors Sec. 2.1 Officers of the Board Sec. 2.2 Committees of the Board Sec. 2.3 Compensation Sec. 2.4 Time and Place of Board Meetings Sec. 2.5 Call for Special Meeting ' Sec. 2.6 Use of Board Room by General Public Article 3. Oraanization of Staff Sec. 3.1 0 rgan i za t i on Chart Sec. 3.2 Genera 1 Manager Sec. 3.3 Attorney Sec. 3.4 Eng i neer Sec. 3.5 Aud i tor Article 4. Classified Positions Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 Genera 1 Job Description Manual Position and Salary Range Salary Schedule and Job Classification Salary Step Plan Termination of Employment Part Time Employees Tempo ra ry Emp 1 oyees Article 5. Workind Hours. EmDlovee Benefits See. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 Hours of Work-Off i ce Hours of Work-Operations Overt ime Vacation Leaves Sick Leave Jury Duty Bereavement Leave Leave without Pay or Leave of Absence Hol i days Workweek, Payroll Period and Pay Day Health Insurance and Life Insurance I. .I- ADMINISTRATIVE CODE I NOEX Page 2 Article 5. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 5.12 5.13 5.14 5.15 5.16 5.17 5.18 50 19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5-30 5.31 5.32 5.33 5.34 5.35 Working Hours, Employee Benefits (cont.) Uniform and Dress Codes Safety Equipment District Tools and Equipment Disability Insurance Credit Union District Vehicles Ret i rement P1 an Unemployment Insurance Worker's Compensation Insurance Emp 1 oyee Ru 1 es Damage to Private Property Pub1 icly-owned Personal Property Personnel Files Driver's Licenses Tuition Reimbursement Longevity Pay Sen iori ty Dental Insurance Eye, Care P1 an Temporary Assignment for Duties in a Higher Class Special Merit for Education Defense of Public Employees Special Housing Faci 1 i ties Deferred Compensation COSTR REAL MIJ i\J IC I PAL WATER DI Si RlC T Latest Revision January 1 , 1984 ADMINISTRATIVE CODE RES. NO. ARTICLE 1. GENERAL PROV IS IONS Page 1 of 1 1 1 TITLE: GENERAL PROV I S IONS Sec. 1.1. Sec. 1.2. Sec. 1.3. Purpose. members of the Board and the District staff with a statement which contains the organizational structure of the District personnel, the duties and functions of the Board officers and committees, and the procedures by which the work of the District is carried on. The purpose of this Administrative Code is to provide the Adoption. by Resolution No. on file in the District office. Existing administrative and personnel policies and procedures in conflict with the provisions of this Code were repealed concurrently with its adoption. This Code was adopted by reference on Changes. ditions will be required in this Code to cover changes in procedure or new activities of the District. Such changes or additions shall be accomplished only by the Board of Directors at a duly constituted meeting, through the adoption of a resolution by a majority vote, in which one or more sections are superseded by revised sections or new sections are added. When so adopted, the revised or new sections shall be inserted in this Code and those for which they are substituted will be removed. The changes or additions shall be ef- fective from the date of adoption. It is anticipated that from time to time changes or ad- Reference: Municipal Water District Law of 1911, Division 20, California Water Code, S 71000 through 7300 , as amended. COSTR REAL MUNICIPAL WATER DISTRICT ADMINISTRATIVE CODE TITLE: ORGANIZATION OF THE I BOARD OF DIRECTORS RES. NO. I Late s t Rev i s i on I January 1 , 1984 ARTICLE 2. ORGANIZATION OF THE BOARD OF DIRECTORS Sec. 2.1. Officers of the Board. (To be developed in accordance with existing District policy and applicable Water Code sections.) Sec. 2.2. Committees of the Board. (To be developed in accordance with ex- isting District pol icy and applicable Water Code Sections 71250 through 71 365. ) Sec. 2.3. Compensation. (To be developed in accordance with existing District policy and Water Code Section 71255, as amended.) Sec. 2.4. Time and Place of Board Meetings. Sec. 2.5. Call for Special Meeting. Sec. 2.6. Use of Board Room by General Public. Sec. 2.7. (and other sections as needed) COSTP. REAL M! NICIPAL WATER DISTRICT ADM I N I STRAT I VE CODE 3 I Page 1 of 2 TITLE: ORGANIZATION OF STAFF January 1 , 1984 ARTICLE 3. ORGANIZATION OF STAFF Sec. 3.1. An Organization Chart of District Personnel is attached hereto. (See Chart on Page 1A of this Section.) Sec. 3.2. General Manager.* The General Manager shall be the Chief Adminis- trative Officer responsible directly to the Board of Directors of the District. him by the Board and shall report to the Board of Directors in ac- cordance with its instructions. He shall perform such duties as may be imposed on In employing a General Manager, the Board shall give consideration to the following characteristics: perience in a supervisory capacity in a water district or related public agency; a thorough knowledge of the principles and practices of public utility management and the laws and regulations pertaining to the production, distribution and use of water; and a demonstrated competency in standard water works principles and practices. extensive administrative ex- The General Manager shall give full time to the duties of his office; shall have charge of and supervise the administrative and all oper- ations of the District; shall plan and carry out all construction work when authorized by the Board of Directors necessary or proper to carry out the purposes of the District; shall make such recom- mendations to the Board of Directors concerning the affairs of the District as may seem to him desirable; shall prepare and submit to the Board of Directors an annual budget estimate, bi-monthly agenda, and such other reports as may be required by that body; shall perform such other duties as may from time to time be required of him by the Board of Directors and as required by law. Subject to the approval of the Board of Directors, the General Man- ager shall have full charge and control of the maintenance, oper- ation, and construction of the water works system of the District, with full power and authority to employ, discipline, and discharge all employees and assistants, other than those appointed directly by the Board, at pleasure, prescribe their duties and fix their compensation. *References: Water Code S71362; Resolution 274 r-- 1 I I h Page 1A I u n W no COSTR REAL NIrJr JICIPAL VYATER DISTRICT . ADMINISTRATIVE CODE 3 Page 2 of 2 TITLE: ORGANIZATION OF STAFF Latest Revision I RES. NO. January 1, 1984 I ARTICLE 3. ORGANIZATION OF STAFF (continued) Sec. 3.3. Attorney. The Attorney shall be appointed by the Board and shall be the legal adviser of the District and shall perform such other duties as prescribed by the Board. He shall provide legal services and advice as requested by the Board and shall assist the General Manager, the Engineer, and the Treasurer, on legal problems which may arise in the administration of their respective duties. A properly qualified law firm may be employed to perform the functions of At t o rn ey . Sec. 3.4. Engineer. The District Engineer shall be appointed by the Board and shall perform all engineering functions of the District where required and as authorized or directed by the Board of Directors, and shall assist the General Manager where necessary or upon request of the General Manager. The District Project Engineer shall be appointed by the Board and shall perform all engineering functions of the District where required and as authorized or directed by the Board of Directors, and shall assist the General Manager where necessary or upon request of the General Manager. He shall be directly responsible to the General Manager. The Board may enter into an agreement with properly qualified engi- neering firms to provide the services of Engineer to the District or for specific and/or special projects. Sec. 3.5. Auditor. The Auditor shall be appointed annually by the Board of Directors, and shall be directly responsible to the Board for the annual audit of the District's books; they shall assist the General Manager in establishing and maintaining the District's books and records in accordance with generally accepted accounting practices and the laws of the State of California, and furnish the District with assistance and advice upon request of the General Manager and such other duties as may be prescribed by the Board of Directors. The Board may enter into an agreement with a properly qualified ac- counting firm to provide the services of Auditor. The Board shall give consideration to the employment of a different auditor every 4 to 5 years. The Auditor shall be a Certified Pub1 ic Accountant. c Latest Revision January 1, 1984 COSTA REAL I 4 I Page 1 of 9 RES. NO. /MU N IC I?? L WATE R D I STRICT ADMINISTRATIVE CODE ARTICLE 4. CLASSIFIED POSITIONS Sec. 4.1. General. Controller, and Superintendent of Operations, shall hold classified positions with salary ranges established by the Board. The General Manager, subject to the approval of the Board of Directors, is hereby authorized to determine the salaries of individual employees of the District within the limits so established, as he may in his discretion determine such employee’s merit. All employees of the District, except the General Manager, All classified positions, with the exception of part-time classi- fications, shall be considered full-time positions and may be either temporary or regular. All full-time employees shall be expected to work the regularly scheduled hours in each work week. Sec. 4.2. Job Description Manual. The General Manager shall maintain in an up-to-date condition a Job Description Manual which shall give in brief, concise terms for each classified position: (a) (b) (c) A general definition of the position: The typical tasks which the holder of the position shall be called upon to perform; and The employment standards giving education and experience re- quirements for the position. Sec. 4.3. Position and Salary Range. The General Manager shall submit annu- ally to the Board, at the time of preparing the preliminary budget, a list of the classified positions recommended for the followinq fiscal year, and the recommended salary range for each position. The Board, after receiving the recommendation of the General Manager and after full consideration of the recommendation, shall adopt a Classification and Compensation Plan giving a salary range for each position which shall then become the basis for all salaries paid to classified personnel during the fiscal year. COSTA REAL ,OlUNICIPAL. WATER DISTRICT ADMINISTRATIVE CODE 4 Page 2 of 9 CLASSIFIED POSITIONS , RES. NO. Latest Revi s ion January 1, 1984 I TITLE: . '* Sec.24.4. Salary Schedule and Job Classification. Classification is hereby established and is set forth as follows: A Salary Schedule and Job SALARY RANGE NUMBER JOB CLASSIFICATION Board approval Board approval Board approval 37 37 37 34 33 30 27 27 25 25 21 Board approval General Manager Controller Superintendent System Foreman Construction/Maintenance Foreman Inspector/ Foreman Service Supervisor Construction/Maintenance Worker I11 System Operator I11 System Operator 11 Construction/Maintenance Worker I I Construction/Maintenance Worker I Secretary I1 Account Clerk 1.1 Part Time A new employee Shall be employed in the Salary Range for that par- ticular Job Classification. After the successful completion of a six month probationary period, the new employee may be considered for a salary increase. This increase is not automatic. All employees shall be evaluated at least annually. Evaluations shall be based upon the individual's aptitude, ability and atti- tude to perform assigned work and job responsibility. COSTA REAL MUNICIPAL WATER DISTRICT TITLE: CLASSIFIED POSITIONS January 1, 1984 ADM I N I STRAT I VE CODE I 1 ARTICLE 4. CLASSIFIED POSITIONS (continued) Sec. 4.4. Payroll 'Ranges. RANGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A 473.60 484.00 494.40 504.00 51 5.20 526.40 536.80 548.80 560.80 572.80 584.80 597.60 61 0.40 624.80 637.60 652.00 666.40. 680.80 695.20 711.20 726.40 742.40 759.20 776.00 793.60 Bi-Weekly - 1983-84 B 494.40 504.00 51 5.20 526.40 536.80 548.40 560.80 572.80 584.80 597.60 61 0.40 624.80 637.60 652.00 666.40 680.80 695.20 711.20 726.40 742.40 759.20 776.00 793.60 811.20 829.60 C 515.20 526.40 536.80 548.80 560.80 572.80 584.80 597.60 61 0.40 624.80 637.60 652.00 666.40 680.80 695.20 711.20 726.40 742.40 759.20 776.00 793.60 81 1.20 829.60 848.80 868.00 ' D 536.80 548.80 560.80 572.80 584.80 597.60 61 0.40 624.80 637.60 652.00 666.40 680.80 695.20 711.20 726.40 742.40 759.20 776.00 793.60 811.20 829.60 848.80 868.00 888.00 908.00 E 560.80 572.80 584.80 597.60 61 0.40 624.00 637.60 652.00 666.40 680.80 695.20 711.20 726.40 742.40 759.20 776.00 793.60 811.20 829.60 848.80 868.00 888.00 908.00 928.00 949.60 RANGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 .COSTA REAL MUNICIPAL WATER DISTRICT 4 ADMINISTRATIVE CODE Page 3 of 9 La t es t Rev i s i on January 1 , 1984 ARTICLE 4. CLASSIFIED POSITIONS (continued) RES. NO. Sec. 4.5. Salary Step Plan (For periodic wage increases.) established by the District as follows: A step plan is A Step - A new employee shall start in the "A" Step. shall remain in this step for a minimum of six months or until such time as a satisfactory probationary period is completed. The emplbyee A step increase is not automatic. and evaluation by the supervisor, and approval of the General Manager. It is based on past performance These pay step increases may be granted by the District to those employees who have completed required time in grade and who have received a satisfactory performance report. The required time in grade for each of the steps B, C, and D is one year. Upon being promoted to a new position, the employee's salary shall be established to be the step in the new range which is equivalent to at least an increase in the old range. A new anniversary date shall be established for the new classification. The employee's evaluation date shall be the same as for the new anniversary (pro- motion) date. to a new position to serve a probationary period. The General Manager may require the employee assigned Sec. 4.6 Termination of Employment. EMPLOYMENT WITH THE DISTRICT HAS NO SPECIFIED TERM OR TENURE. As a public agency, the Costa Real Municipal Water District is governed by applicable provisions of the California Government Code and pro- visions of the Water Code applicable to Municipal Water Districts. Water Code S71362 provides : "Subject to the approval of the Board of Directors, the general manager shall have full charge and control of the maintenance, op- eration, and construction of the waterworks or waterworks system of the district, with full power and authority to employ and discharge a1 1 employees and assistants, other than those referred to in Section 71340, at pleasure, prescribe their duties, and fix their compensation." COSTR REAL MLJNICIPAL WATER DISTRICT 4 ADMINISTRATIVE CODE Page 4 of 9 ." Latest Rev i s ion January 1, 1984 ARTICLE 4. CLASSIFIED POSITIONS (continued) RES. NO. Sec. 4.6. Termination of Employment (continued) Government Code S1301 provides: "Every office, the term of which is not fixed by law, is held at the pleasure of the appointing power." The General Manager has discretion to terminate all employees of the District without cause and without notice or hearing. discretion is limited to the extent that the General Manager may not discharge employees for improper reasons. proper reasons include discharge on the basis of: This Examples of im- 1. Race, sex or age; 2. Participation in lawful political activities; 3. Service on jury duty; 4. Exercise of grievance rights; 5. Exercise of any rights guaranteed by the State or Federal Constitution or State or Federal Law. The employee has the burden of demonstrating that a termination by the Manager is based upon an improper reason in the event the em- ployee requests reconsideration of the decision to terminate the employee. (a) Retirement. Upon retirement in accordance with either the vol- There shall be a maximum limit on this payment (130 days accumulated sick leave x 50% = 65 days pay; untary service or compulsory service retirement provisions of P.E.R.S., the employee shall receive 50% of all accumulated sick leave time due. to any employee, which is equal to (520) five hundred twenty hours at the normal hourly rate of pay at the time of termi- nation. 65 days = 520 hours pay.) (b) Death. Upon the death of an employee, all compensation due such employee shall be paid.to designated beneficiary of such employee. Compensation for all accumulated vacation time and 50% of all accumulated sick leave time due shall also be made. There shall be a maximum limit on this payment to any employee, which is equal to (520) five hundred twenty hours at the normal hourly rate of pay at the time of termination. sick leave x 50% = 65 days pay; 65 days = 520 hours pay. ) (130 days accumulated COSTR REAL /1/1UN IC IPAL WATER DISTRICT CLASSIFIED POSITIONS ADMINISTRATIVE CODE ~~ ~ Latest Rev i s i on January 1, 1984 I ARTICLE 4. CLASSIFIED POSITIONS (continued) Sec. 4.6. Termination of Employment (continued) (c) Discharge. EMPLOYEES MAY BE TERMINATED BY ACTION OF THE GENERAL MANAGER IN ACCORDANCE WITH WATER CODE SECTION 71362 AND SERVE AT THE PLEASURE OF THE GENERAL MANAGER. The General Manager shall notify such employees of discharge in writing. All such discharged employees shall be entitled to any normal compen- sation due, and if employed by the District at least or more than one year, shall receive all accumulated vacation time due. If employed by the District at least one year, employees shall receive 25% of all accumulated sick leave due. There shall be be a maximum limit on this payment to any employee which is equal to (260) two hundred sixty hours at the normal hourly rate of pay at the time of termination. (130 days accumulated sick leave x 25% = 32.5 days pay; 32.5 days = 260 hours pay.) (d) Lay Off. The District hopes that layoffs will never become necessary. However, layoffs may be required due to lack of work, a decrease in or loss of funds, or changing position re- quirements. Should layoffs be required, they will be imple- mented by considering the employee's proficiency, productivity, length of employment, attendance, and reliability. may be laid off by action of the General Manager. ployees shall receive two weeks written notice of layoff. When layoff .is anticipated to exceed 14 days duration, the following shall apply: Employees shall be paid all accumulated vacation pay due. employees shall receive 50% of all accumulated sick leave time due. There shall be a maximum limit on this payment to any em- ployee which is equal to (520) five normal hourly rate of pay at the time of termination. accumulated sick leave x 50% = 65 days pay; 65 days = 520 hours Employees Such em- I If emp'loyed by the District at least one year, hundred twenty hours at the (130 days Pay- 1 (e) Resignation. Employment with the District may be terminated at the will of the employee. If an employee wishes to resign, the District desires a two (2) week notice in writing. All accumu- lated vacation pay and sick leave compensation will be paid upon resignation. employee shall receive 50% of all accumulated sick leave time due. There shall be a maximum limit on this payment to any em- ployee which is equal to (520) five hundred twenty hours at the normal hourly rate of pay at the time of termination. (130 days accumulated sick leave x 50% = 65 days pay; 65 days = 520 hours pay.) If employed by the District at least one year, COSTA REAL I 4 I Page 6 of 9 Latest Revi s ion I January 1, 1984 NUNICIPAL WATER DISTRICT RES. NO. ADMINISTRATIVE CODE TITLE: I CLASSIFIED POSITIONS ARTICLE 4. CLASSIFIED POSITIONS (continued) Sec. 4.6. Termination of Employment (continued) (f) Termination Procedure. Except in an emergency, the following procedure wi 11 be fol 1 owed : The employee shall be provided with a written notice of the fact and effective date of termination and reminded of his/her right to representation. If the General Manager, in his discretion, deems it appropriate, the reasons for the termination may be stated in the termi- nation notice; provided, however, that the reason(s1 (cause) must be stated in disciplinary termination. Persons who are terminated may be entitled to unemployment compensation. (9) Employees Request for Reconsideration. An employee, other than a reconsider the decision to terminate the employee. probationary employee, may request that the General Manager The request for reconsideration must be submitted in writing within fourteen (14) days after the notice of termination has been mailed to the employee or personally delivered to the employee. , In the event the request is not received within this period of time, the opportunity to request reconsideration will be waived. A request for reconsideration must be in writing and must contain the following information: The reason that reconsideration is requested. A summary of the factual information supporting the reasons for requesting reconsideration. If the request for reconsideration is to be supported by statements of other persons, the written statements of those persons must be included in the request, to- gether with any documents to be considered. The General Manager may, as a matter of discretion, determine that a hearing will facilitate his decision on reconsideration and may require a hearing. In the event the General Manager determines, in his sole dis- cretion, that a hearing is appropriate, he shall establish the time and place of the hearing and notify the employee concerned. COSTA REAL MUNICIFAi WATER DISTRICT ADMINISTRATIVE CODE 4 I Page 7 of 9 TITLE: January 1, 1984 ARTICLE 4. CLASSIFIED POSITIONS (continued) Sec. 4.6. Termination of Employment (continued) (h) Conduct of the Hearing. Unless the General Manager determines otherwise, the hearing shall be conducted in closed session unless the employee desires an open session. The General Manager shall conduct the hearing. The employee shall be entitled to have representation to assist the employee in the presentation of his case; the General Manager may designate a person to present the District's po- sition with respect to termination. The employee shall have the burden of proving that the initial decision to terminate the employee should be reversed and the employee should be retained by the District. The hearing shall be conducted in an informal manner; the General Manager shall make appropriate rulings with respect to procedure and the admission of evidence or information for consideration. The District and the employee shall have the right to produce evidence, to produce witnesses, and to cross- examine witnesses who are presented by the opposing party. The hearing, may be recorded and transcribed. The costs incurred for Court Reporter's services and the preparation of the record initially shall be borne by the District. (i) Waiver of Reconsideration. in the manner set forth in paragraph 2 above, or failure of the employee to appear at the time and place of hearing shall be deemed a waiver by the employee of reconsideration by the General Manager and acceptance of the termination. A failure to request reconsideration (j) Notice of Decision. ployee of his decision. The notice shall be in writing, dated, and shall inform the employee whether the employee is retained or terminated. The time limit for judicial review of the final decision of the General Manager pursuant to the Code of Civil Procedure S1094.6 runs from the date the notice is deposited in the mail. The General Manager shall notify the em- COSTR REAL . MUNICIPAL WATER DE KT ADMlNlSTRATlVL CODE TITLE: CLASSIFIED POSITIONS Latest Rev! s ion RES. NO. January 1, 1984 ARTICLE 4. CLASSIFIED POSITIONS (continued ) Sec. 4.6. Termination of Employment (continued) (k) Petition to the District Board of Directors. An employee has thirty (30) days from the date the General Manager's decision is deposited in the mail to petition the District Board of Di- rectors for review of the General Manager's decision. In the event the Board of Directors determines that a review is appro- priate, the examination will be based on the record of the General Manager's action. In the event the Board of Directors either denies the petition or determines to sustain the General Manager's decision, the time limit for judicial review of the Board's decision pursuant to Code of Civil Procedure S1094.6 runs from the date the notice is deposited in the mail. The Board of Directors shall inform the employee in writing of the Board's decision. (1) Benefit Termination Date. An employee shall not be entitled to any benefits effective the day following the day that the status of employment is terminated. as of the last day the employee performs work or a service for the District. Employment is terminated The day of termination is not extended through the period of accumulated vacation or sick leave the employee is entitled to as of the date of termination. Sec. 4.7. Part Time Employees. The General Manager may employ persons on a Part time employees shall be defined as those em- temporary or regular part time basis at his discretion as work load demands. ployees who are scheduled to work less than the regularly scheduled work week on a regular and consistent basis. Regular part time employees shall not receive the same accrual rate for vacation or sick leave as the full time employee. of contributions and service credit shall be reduced for the Public Employees Retirement System. The amount of reduction shall be based upon hours worked. The amount Such personnel shall be employed and compensated on an hourly basis at the then present hourly wage rate established by the Board of Directors. eral adjustment of wage scales as effected by the Board of Directors. The salaries of all part-time employees shall be reviewed each December or June. The part-time hourly wage rate is subject to any gen- COSTA REAL MIJNICIPAL. WATER DISTRICT ADM I N I STRAT I VE CODE 1 Page 9 of 9 I 4 CLASSIFIED POSITIONS Latest Revision RES. NO. January 1, 1984 I TITLE: ARTICLE 4. CLASSIFIED POSITIONS (continued) Sec. 4.7. Part Time Employees (continued) Part-time employees working at least or more than 20 hours per week shall be eligible for 48 hours of paid sick leave per one year of employment, subject to the conditions of Sec. 5.5., para. (b) through (d) of this Administrative Code. Part-time employment must' be terminated in accordance with the provisions of Sec. 4.6. of this Administrative Code. Sec. 4.8. Temporary Employees. The General Manager may employ persons on a temporary basis at his discretion as work load demands. Such persons shall be employed, classified, and compensated in accordance with the provisions of Article 4., and Article 5. of this Admin- istrative Code. COSTR REAL 5 /MJI\J1CIPAL WATER DISTRICT Page 1 of 17 ADM 1 N I STRAT I VE CODE Latest Rev i s ion January 1, 1984 RES. NO. ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS Sec. 5.1. Hours of Work - Office. The regular office hours shall be from 8:OO A.M. continuously to 5:OO P.M., Monday through Friday. The office shall remain open during the lunch period and during the rest periods. Individual employees may have their work schedule, lunch period schedule and rest periods begin or end at different times upon approval of the Manager, but the time of individual em- ployees shall be limited to a 40-hour work week whenever possible. Sec. 5.2. Hours of Work - Operations. Field employees may be assigned to work the hours 6:30 A.M. to 5:OO P.M. four days per week excluding weekends and legal holidays, subject to approval by the General Manager. The General Manager has the final approval to determine the hours of the individual employees and the number of employees required to carry out the policy of the District. Sec. 5.3. Overtime. Employees of the District shall be on call twenty-four '(24)rs a day during the course of their employment, and upon instructions of the General Manager, shall work during any emer- gency affecting operations of the District. All employees are required to obtain and maintain a telephone at their residence, and the telephone number shall be listed in District personnel files. Overtime shall be defined as work performed before or after the regularly scheduled work day or work week; work in addition to the regularly scheduled work day shall be paid at the rate of time and one-half of an employee's pay. Sundays and Holidays shall be paid at double time. In addition, all hours worked on 1. Standby. One employee shall be on standby at all times. Each such employee shall remain on standby for a one day period and shall receive $10.00 per day for the standby period. The em- ployee shall be compensated in the normal manner for any work performed. Standby call shall not be regarded as call back work. 2. Call Back. Call back is work required of an employee who, fol- owing completion of the employee's work day and departure from the employee's work site, is ordered to report back to duty to perform necessary work. To qualify for this call back pro- vision, an employee must leave the place from which the em- ployee is called and actually report to a work site and/or the off ice. COSTR REAL MlJNlClPAL WATER DISTRICT ~ La t es t Rev i s i on January 1 , 1984 ADM I N I STRAT I VE CODE RES. NO. 5 TITLE: WORKING HOURS, EMPLOYEE BENEFITS ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.3. Overtime (continued) 3. An employee who is called back as defined above, shall receive a minimum of two hours time at the rate of time and one-half pay for regular overtime, or double time on Sundays or holidays. In lieu of pay, compensatory time may be accumulated to a max- imum of (40) forty hours per fiscal year. An employee not using the compensatory time shall be paid for the time prior to the end of the fiscal year on June 30. Overtime work in conjunction with regular scheduled work day, either beginning earlier or working past normal scheduled work day, is not call back work. Sec. 5.4. Vacation Leaves. At the discretion of the General Manager as to setting the period of time to be taken for any vacation leave, all full-time employees will be granted such leave with pay under the following conditions. (a) After completion of employment of the first year, employee shall be granted vacation time of 80 hours for the previous 12 months. The employee then begins earning vacation at the rate of 3.08 hours per pay period. years of employment, employee shall be granted vacation time at the rate of 4.62 hours per pay period. continuous years of employment, employee shall be granted va- cation at the rate of 6.15 hours per pay period. After the completion of five continuous After completion of 15 (b) Vacation time accumulation as of January 1 each year may be permitted as follows: Employees with less than 5 years service -------------- 80 hours Employees with 5 but less than 15 years service-------- 120 hours Employees with 15 or more years of service------------- 160 hours Vacation time in excess of the above-mentioned days may, however, be accumulated with prior written approval of the Board of Di- rectors. (c) The General Manager shall approve a schedule of vacations, and employees shall adhere to such schedule. No vacation may be taken without prior approval of the General Manager. (d) Pay for vacation leave shall be at the monthly rate currently paid the employee at the time the vacation is taken. Service shall be deemed to be continuous if employment by the District has not been interrupted for a period in excess of 30 days, or where the District has terminated an employee due to lack of work and later rehired the employee. COSTR REAL MUNICIPAL WATER DISTRICT Latest Rev i s ion. , ADMINISTRATIVE CODE January 1, 1984 I 5 I Page 3 of 17 RES. NO. I TITLE: ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.4. Vacation Leaves. (continued) (e) In computing the amount of vacation leave due an employee, holidays, vacation time, and sick leave shall be included as total service and the period of time to be granted to an em- ployee shall be in addition to Saturdays, Sundays, and Holidays within or at the beginning or end of such leave. Sec. 5.5. Sick Leave. Sick leave is defined as the necessary absence from work of an employee because of illness, injury or exposure to con- tagious disease suffered by the employee, or the serious disability of the employee while on a scheduled vacation, or absence auth- orized for medical or dental care. Employees shall be entitled to sick leave with pay under the following conditions: (a) Each full time employee shall be entitled to 96 hours sick leave per one year of employment. (b) Sick leave may be accumulated for an unlimited period. Addi- tional sick leave may be granted at the discretion of the Board of Directors and approval thereof. (c) Abuse of sick leave privileges shall be grounds for discipline or dismissal . (d) In computing the amount of sick leave time due an employee, holidays, vacation time and sick leave shall be included as total service and the period of time to be granted to an em- ployee shall be in addition to Saturdays, Sundays, and holidays within or at the beginning or end of such leave. accumulated sick leave from an employee. (e) The Board of Directors, at its discretion, may purchase any Sec. 5.6. Jury Duty. All employees are eligible for jury duty leave with In order to qualify for paid jury pay when required by any legally constituted court to appear for examination or jury service. duty leave, employees are required to furnish proof of attendance in a manner prescribed by the General Manager. An amount equal to the per diem or fees paid by the court to the employee will be deducted from the employee's pay. No deduction will be made for the value of mileage allowances, meals or lodgings furnished by the court. In the absence of proof of attendance, an employee will be required to use such other leave as is prescribed by the General Manager. COSTR REAL /t?UNlCIPAL 'WATER DiSTRrCT ADMINISTRATIVE CODE 1 Page 4 of 17 I 5 WORKING HOURS, EMPLOYEE BENEFIT: Late s t Rev i s i on RES. NO. January 1 , 1984 I TITLE: ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.7. Bereavement Leave. At such time as there is a death in an employee's immediate family, the General Manager is authorized to grant up to a maximum of 3 days leave with pay, subject to employee's written request for such compensation. Written request shall contain the following information: ... Name of deceased . . . Relationship to employee ... Date of funeral and services . . . Place where funeral or services will be held . . . Date of employee's return to work Such paid leave, if approved, is not to be charged against em- ployee's vacation leave. All Bereavement Leaves must have prior approval of the General Manager. Employee is eligible for Bereavement Leave for abortion or mis- carriage. Immediate family is defined as: sister, grandparents, mother-in-law or father-in-law, brother- in-law, sister-in-law. Spouse, child, parent, brother, Two (2) days of sick leave time may be used in conjunction with Bereavement Leave. mulated in order to qualify for this additional time off. approval of the General Manager is necessary. Employee must have the necessary hours accu- Prior Sec. 5.8. Leave without Pay or Leave of Absence. 1. Leave necessitated by illness or injury: Leave without pay or leave of absence when necessitated by illness or injury may be gvanted by the General Manager to a Staff Member or Employee of the District, only after ex- haustion of all accumulated sick, disability and vacation leave for a period not to exceed six (6) months and in ac- cordance with the monthly guidelines as established in (3.) bel ow. Unless specifically authorized by the Board of Directors for a longer period, a Staff Member or Employee of the District who, due to illness or injury, has taken leave without pay in excess of thirty (30) consecutive calendar days , shall be required to provide a Physician's Statement attesting to his/ her fitness based upon the normal duties pursuant to his/her job description before returning to work. COSTR REAL ,MlJNICIPAL WATER DISTRICT - La t es t Rev i s i on January 1 , 1984 ADMINISTRATIVE CODE TITLE: RES. NO. ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.8. Leave without Pay or Leave of Absence. 2. Leave necessitated by pregnancy, childbirth, miscarriage or abort i on : Leave without pay or leave of absence when necessitated by pregnancy, chi1 dbirth, miscarriage, or abortion may be granted by the General Manager to a Staff Member or Employee of the District only after exhaustion of a1 1 accumulated vacation leave and sick leave, and shall follow the guidelines es- tablished in (3.) below. A Staff Member or Employee who has taken leave without pay under this Section in excess of thirty (30) days consecutive calendar days will be required to provide a Physician's Statement attesting to her fitness based upon her normal duties pursuant to her job description, before returning to work. 3. Guide1 ines: Consecutive Days of Leave A1 1 owed One year or less of employment Two to three years Three to four years Four to five years Five to six years Six years or more 30 days 60 days 90 days 120 days 150 days 180 days Vacation and sick leave benefits, if any, shall not accrue during any period of leave without pay. The employee will be restored to his/her former position when he/she returns from leave of absence. been abolished or terminated during his/her absence, he/she will be reinstated to a position of similar seniority or status. The employee will receive the same vacation, sick leave and holiday privileges and the same opportunities for promotion as he/she would have received had he/she not taken the temp- orary leave without pay or leave of absence. If the position has Request for consideration not covered by the foregoing pro- visions shall be referred to the Board of Directors for decision. The Manager shall not extend leave under this policy to any em- ployee more than one time during any single calendar year. COSTR REAL MUNICIPAL WATER DISTRICT Page 6 of 17 TITLE: WORKING HOURS , EMPLOYEE BENEFITS ADMINISTRATIVE CODE pest Revision I RES. NO. I January 1 , 1984 I ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.8. Leave without Pay or Leave of Absence (continued) 4. Military Leave: The District has no obligation to reserve members of the United States Armed Forces unless the employee is going on active duty training and the employee has been in the service of the District for at least one year. Time served by the District's employee in any recognized military service must be added to the employee's time with the District in deter- mining whether the one year service period has been met. the employee has satisfied these two preconditions, the District will provide the following privileges: If A. The District will grant the employee leave time. B. The employee will be restored to his/her former position when he/she returns from the Military Leave. If the po- sition has been abolished or terminated during his/her absence, he/she will be reinstated to a position of sim- ilar seniority or status. C. The employee will receive the same vacation, sick leave, and holiday privileges and the same opportunities for pro- motion and reemployment as he/she would have received had he/she not taken the temporary Military Leave. D. The employee is entitled to receive his/her first thirty (30) calendar days of pay from the District even though he/she is away on Military Leave during this period. In addition to the two preconditions discussed above, the District shall not honor the obligations contained in A, By and C above if the employee's active duty training period exceeds 180 cal- endar days. The District will pay the employee his/her first thirty (30) calendar days of compensation even if his/her Mil- itary Leave exceeds 180 calendar days. Sec. 5.9. Holidays. The business office of the District shall remain open from 8:OO A.M. to 5:OO P.M. Monday through Friday, both days in- clusive, of each week of the year, except upon the following des- ignated Holidays: January 1st (New Years Day) February 12th (Lincoln Day) 3rd Monday in February (Washington) November 11 th (Veterans ' Day) Last Monday in May (Memorial Day) July 4th (Independence Day) 1st Monday in September (Labor Day) 2nd Monday in October (Col umbus Day) Thursday desiqnated Thanksgiving Friday after Thanksgiving Da December 25th (Christmas Day Y COSTA REAL '/YIUNiCI?AI: WATER DISTRICT 5 Page 7 of 17 I TITLE: WORKING HOURS, EMPLOYEE BENEFIT! Latest Revision ADMINISTRATIVE CODE ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.9. Holidays. (continued) In the event that a Holiday falls on a Saturday, the previous Friday shall be considered a Holiday; in the event that a Holiday falls on a Sunday, the following Monday shall be considered a Holiday. The District Office shall be considered closed on the day desi'gnated by the State of California.. One Elective Day as a Holiday. each employee shall be entitled to 8 elective hours off with pay of his/her choice per each 12 month period within the following limitations: In addition to the above Holidays, 1. Employee must obtain supervisory approval of elective day at least 30 days in advance of day selected. 2. New employees are not eligible for elective holiday until successful completion of a one (1) year period. Full -time employees shall be compensated for eight hours ' pay for each of the above-designated holidays. The General Manager shall develop a schedule of holidays to provide for the Field Operations 10 hour per day employees. Any employee on leave of absence without pay during a designated holiday date shall not receive compensation for said holiday. Each employee shall be entitled to holiday time off for each des- ignated District holiday. If a District designated holiday falls within an employee's normal work week and the employee is required to work, or if an employee is called back to work on a regularly scheduled holiday, the employee shall be compensated at a rate of double time. To be eligible for holiday pay, an employee must work or be on an approved paid absence the working day preceding and the working day following a legal holiday on which the District Office is closed. The Supervisor shall report to the Personnel Office any employee not deserving the holiday pay. COSTA REAL ML! N IC 1 PAL WATER DI STRlC T ADMl N I STRAT I VE CODE Page 8 of 17 TITLE: P- WORKING HOURS, EMPLOYEE BENEFITS La tes t Rev i s ion , RES. NO. January 1 , 1984 ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.10. Workweek, Payroll Period and Pay Day. The work week shall consist of forty (40) hours in any 7 day period as approved by the General payment of wages up to and including the previous Sunday. The payroll period shall be bi-weekly and shall contain work weeks. Payday shall be every other Thursday in Sec. 5.11. Health Insurance and Life Insurance. The District will provide each full-time employee and his/her dePendents with a health insurance .- policy or group policy and. a life' insurance policy or group policy, as determined by the Board of Directors, which will provide a rea- sonable amount of protection or coverage at no cost to the employee. Prior to being employed, a physical questionnaire form shall be filled out. cost to be paid by the District. This will be followed by a physical examination, the An employee shall not be entitled to any benefits effective the day following the day that the status of employment is terminated. Employment is terminated as of the last day the employee performs work or a service for the District. The day of termination is not extended through the period of accumulated vacation or sick leave the employee is entitled to as of the date of termination. Sec. 5.12. Uniform and Dress Codes. The District will furnish each full-time field employee with a clean uniform each day. furnished uniforms during the normal District working hours. Those uniforms will be maintained by the District. Employees are to wear the Employees are expected to keep themselves neat and clean insofar as is practical. All expense of laundering or cleaning of uniforms shall be borne by the District. Sec. 5.13. Safety Equipment. The District shall furnish all necessary or required tools and equipment to insure a safe area in which to work. to see that no unsafe practices or conditions exist, and that all State laws in this regard are enforced. Violations of this pro- vision will be a subject for discipline or discharge of the em- ployee and/or any supervisor who has knowledge of the condition, practice or act. Supervisory personnel are charged with the responsibility Safety Footwear. The District shall provide a1 1 employees pro- tective clothing, tools and other equipment necessary for the safe performance of job functions and duties without cost to the em- ployee. District shall provide two pairs of steel-toed safety shoes annually to each field personnel. The District reserves the right to determine the acceptability of any such footwear. COSTR RE"_ MUNICIPAL ,144ATES 3 5TRICT I Page 9 of 17 I 5 I TITLE: Latest Rev i s ion RES. NO. January 1, 1984 ADMl N I ST=-L-,i VE CODE ARTICLE 5. WORKI!iG HOURS, EMPLOYEE BENEFITS (continued) Set. 5.14. District Tools and Equipment. Employees are expected to exercise normal care and proper use of all District-owned vehicles, tools and equipment. Sec. 5.15. Disability Insurance. The District shall provide all employees a Group Disability Insurance Plan. be borne entirely by the District. The cost of such premiums shall Set. 5.16. Credit Union. The District will permit a payroll deduction bi-weekly for those employees who wish to avail themselves of the services of the San Diego County Employee's Credit Union. Sec. 5.17. District Vehicles. District vehicles are to be used for authorized business only. with the use of a District vehicle for transportation between the employee's residence and the District office. From time to time, the General Manager shall determine which employees should be assigned District vehicles to provide for improved emergency response and to facilitate attendance to after hour meetings and functions related to District business. for the specific benefit of the employee, but for the improved op- erational efficiency and effectiveness of the District. No persons shall ride in District vehicles except authorized persons. It is advisable that certain employees be provided Assignment of the vehicle is not Personal Vehicle Used for District Business. In those cases where a District vehicle is not available for the use of Directors or employees engaged in District business, a personal vehicle may be used with pre-authorization from employee's supervisor. bursement shall be made for such personal vehicle use at the rate of twenty-five cents (256) per mile. Reim- Sec. 5.18. Retirement Plan. In accordance with an agreement between the District and the Public Employees' Retirement System, all full time employees shall be enrolled as members of the System, both the District's and employee!s share of the costs. The District contributes Part time employees are not eligible for membership in the Public Employees' Retirement System unless they work at least 30 hours per week on a regular basis. Sec. 5.19. Unemployment Insurance. The District does participate in the State Unemployment Insurance Program. Set. 5.20. Worker's Compensation Insurance. The District is covered as required by California Law, by Worker's Compensation Insurance. without exception, are therefore afforded the protection and benefits provided by Compensation Insurance. All employees , COSTA REAL Ml J N IC I PAL. WATER DI STRlC T r 5 - ADMl N I STRAT I VE CODE Page 10of 17 Latest Rev i s ion January 1 , 1984 ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.20. Worker's Compensation Insurance. (continued) RES. NO. Injury Leave Definition: Injury leave means a paid absence from duty as a result of a job- related injury. Eligibility for Injury Leave Shall be as Follows: A. Injury leave may be granted only during the period the em- ployee is unable to perform his/her duties and is entitled to Worker's Compensation temporary benefits. No injury leave may be granted during the first three days after the employee leaves work as a result of the injury except in a case where the injury causes disability of more than twenty-one days or necessitates hospitalization within the three day waiting period in which case, injury leave may commence the first day the injured employee leaves work or is hospitalized as a result of the injury and shall not be credited against employee's sick time. B. An employee shall not be entitled to injury leave under the following conditions: 1. Failure to use or wear prescribed safety or personal protection equipment. 2. Failure to follow safety rules or regulations. 3. Where the employee's gross negligence or willful mis- conduct is proximate cause of injury. C. Injury leave shall not be granted for aggravation, recurrences or sequences of a preexisting non-service-connected physical disability or any physical condition existing prior to em- ployment by the District; provided, however, that this sub- section shall not disqualify an employee otherwise entitled to sick leave under other conditions and sections. Sec. 5.21. Employee Rules. In order that the rights and safety of all employees and efficient operation of the District are protected, employee activities are governed by reasonable rules of conduct. The following acts are illustrative, and not exhaustive, of acts which are grounds for disciplinary action and/or termination of employment with the District : .- COSTR REAL MiJNICIPAL WATER DiSTRlCT 5 Page 11 of 17 TITLE: WORKING HOURS, EMPLOYEE BENEFITS ADMINISTRATIVE CODE January 1, 1984 ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.21. Employee Rules. (continued) 1. Falsification of an employment application or physical exam- i na t i on quest i onna i re. 2. Membership in any party or organization, political or other- wise that advocates the overthrow of the government of the United States or the State of California by force or violence or other unlawful means. 3. Absence, or early departure from duty without informing your Supervisor. Inefficient or careless performance of job duties. Theft or unauthorized possession of the property of fellow employees, the District, organizations servicing the District, or inhabitants or property owners of the District. 4. 5. 6. Disorderly, immoral, indecent or criminal conduct on or off duty. 7. Insubordination. 8. Malicious damage to District property or another employee or property owners or inhabitants of the District. Attempt to intimidate, coerce, assault, or threaten other employees or property owners or inhabitants of the District. Distributing any literature, except that which is specifically authorized by the General Manager, including the circulation of petitions, during hours of work. Failure to observe prescribed safety rules and procedures. 9. 10. 11. 12. Transportation in District vehicles of unauthorized persons. 13. Conviction of a felony. 14. Possession, using or being under the influence of alcohol while on duty or while operating District vehicles. Possession, using or being under the influence of a controlled substance while on duty, or conviction by a Court of Law of any offense involving a controlled substance. 15. 16. Possession of or the firing of any arms or other dangerous weapons or unauthorized use of explosives on the District property at any time. COSTA REAL MIJNICIPAL .WATER DISTRICT ADMINISTRATIVE CODE TITLE: I WORKING HOURS, EMPLOYEE BENEFITS RES. NO. Latest Revision I January 1 , 1984 ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.21. Employee Rules. (continued) 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Failure to follow a lawful direction of a superior. Being in a condition from prior indulgence, of alcoholic beverages or any controlled substances, making unsafe or impairing the ability to perform duties in an acceptable manner. Fighting with fellow employees (being an aggressor or aggravator). Entering time on another employee's time card, or requesting another person to enter time on your time card. Entering time In and Out at time other than those auth- ori zed. Disclosing anything of a personal nature concerning a cus- tomer or employee unless the specific work duties require the giving or exchanging of such information. Violation of Federal, State or local laws. Failing to exercise proper custodial responsibility of District property. Permitting another person to use keys to enter District property without proper authorization. Willful or careless disregard of, or inattention to, working directions and instructions; or refusal to comply with, or violations of rules, safety or fire regulations or sanitary rules and regulations. Absence of two (2) consecutive working days without noti- fying the supervisor or Manager. Excessive or unjustified absences or tardiness or failure to inform your shift supervisor or manager prior to the time you are due to report, by telephone or other means, that you are unable to report for work. Failure to notify your supervisors if you leave your job or premises during working hours. Smoking in unauthorized areas. COSTR REAL /Mi J N IC I PA 1. WATER DI STRlC T 5 ADM I N I STRAT 1 VE CODE Page 13 of .17 Late s t Rev i s i on January 1 , 1984 RES. NO. ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.21. Employee Rules. (continued) 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Consuming food or beverage at unauthorized times or in un- authorized areas. Selling tickets or chances on pools or raffles, or gambling on District premises. Performing personal work on District time. Using the District business phone for personal matters. Taking more than the specified time for meals or rest periods. Unauthorized attendance or participating in meetings or gatherings during working hours. Discourteous conduct, abusive treatment or inappropriate language directed toward any customer, visitor, guest, employee or superior. Inability, or negligence in the performance of assigned duties. Altering, falsifying or making a willful misstatement of facts on any District record or chart, job or work record, employment application or any other District record, chart, or report. Misrepresenting reasons when applying for a leave of absence or for other time off work. Failure, without justification, to return to work on time from an authorized leave of absence or vacation. Failure to withdraw from, or to report, outside activities or interests which conflict with, detract from, or adversely affect the interest of the District. Unacceptable personal grooming. Sleeping on the job, intentional slow down of work, inten- tional disruption of the work force, or loafing during working hours. Failure to promptly report injury or illness, to yourself or a fellow employee, with the proper report being reduced to writing as soon as possible. Page 14 of 17 TITLE: P- WORKING HOURS, EMPLOYEE BENEFITS ADM I N I 5TRAT ;I VE CODE RES. NO. I Latest Rev i s i on I January 1, 1984 ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.21. Employee Rules. (continued) 46- Conduct undermining authority or disruptive of District functions or detrimental to close working relationships among empl oyees . 47- Conduct prejudicial to the good reputation of the District. 48- Sexual harassment in any form is a serious offense and shzl 1 be dealt with accordingly. Any information concerning' sexual harassment shall be reported to the District General : Manager immediately. Discipl inary Procedures : 1. Disciplinary procedures include, but are not 1 imited to, the following: A. Oral reprimand; B. Written reprimand; C. D. Reduction of pay; E. Demotion; F. Termination for Cause. Suspension from duty without pay up to and including a maximum period of two (2) weeks; 2. Supervisors may issue oral or written reprimands. All other forms of disciplinary action are reserved for decision by the General Manager. 3. Disciplinary action normally is based upon, but not limited to violations of the Employee Rules, Article 5., Sec. 5.21. of this Administrative Code. 4. To the extent practicable, supervisors will resort to coun- seling and guidance of employees prior to resorting to dis- ciplinary action. 5. Suspension from duty without pay, reduction in pay and demo- tion imposed by written notice to the employee stating the reason(s) are subject to review under procedures for recon- sideration by the General Manager. The General Manager's decision on reconsideration is final. 6. Disciplinary termination is imposed by written notice to the employee stating the reason(s) and is subject to review under Termination Procedures. COSTA REAL MUNICIPAL WAT€R DISTRICT La t es t Rev i s i on I January 1, 1984 I pagei5 of 17 I 5 RES. NO. I 1 TITLE: WORKING HOURS, EMPLOYEE BENEFITS I ADMINISTRATIVE CODE ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.22. Damage to Private Property. Any accident or damage which may occur to private property through the action of a District employee must be reported immediately to the employee's supervisor, with the proper report being reduced to writing as soon as possible. Sec. 5.23. Pub1 icly-owned Personal Property. A. Acceptance of Gifts. Employees shall not accept any gifts of any nature from any contractor and/or vendor who is in the process of furnishing labor, services, supplies, or materials to the District pursuant to either oral or written agreement. B. Token gifts of appreciation may be accepted by District staff for the enjoyment of all employees. C. Employees shall not remove from any real property controlled by the District, without express authority, any salvage and/ or surplus materials and no employee shall sell , trade, convey, barter, assign, transfer, or dispose of any personal property in any manner belonging to the District without the express consent of the General Manager. D. Any personal property deemed by the District to be salvaged and/or surplus property shall be disposed of by the District in accordance with its duly adopted Ordinances or Resolutions pursuant to statutory law governing municipal water districts. Sec. 5.24. Personnel Files. The District Personnel Officer shall maintain a personnel file for each employee. Unauthorized access to per- sonnel records is strictly prohibited without permission of the employee, however, within reasonable limitations, each employee has the right to inspect his or her own personnel file. Sec. 5.25. Drivers' Licenses. In order to operate a District vehicle, all employees must obtain and maintain a valid State of California driver's license, which must be confirmed by the General Manager. The District will bear the cost of physical examinations required for a Class I license, when the need for such a license is re- quired for District business. All physicals are subject to the approval of the General Manager. Sec. 5.26. Tuition Reimbursement. The District will reimburse employees for tuition costs incurred following the successful completion of work- related courses of study taken on off-duty hours, at an accredited institution of learning. Arrangements must be made with employee's supervisor and must be approved by the General Manager before payment will be made. .. Latest Rev i s i on January 1, 1984 COSTR REAL RES. NO. /VIUNICIPAL WATER DISTRICT - ADMl N I STRAT I VE CODE TITLE: WORKING HOURS, EMPLOYEE BENEFITS ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) be eligible for longevity allowance as follows: Sec. 5.27. Longevity Pay. Each regular employee in the District service will After 5 years of service in the same classification at E step, an employee shall be entitled to an additional allowance of 5% in addition to any other regular pay that he or she is entitled to. (The General Manager is excl uded. ) After an additional 5 years an employee shall be entitled to an additional 2%% in addition to any other regular pay that he or she is entitled to. Sec. 5.28. Seniority. Seniority shall mean the status attained by length of continuous service with the District. Seniority shall be determined from the day of an employee's official appointment to District service. A probationary employee shall have no seniority until the employee has completed a probationary period. Upon the com- pletion of a probationary period, the employee will acquire senior- ity from the date of hire. An employee transferred or promoted, shall accrue no seniority in the new position until completion of six (6) months in pay status in the new position. The employee's total seniority with the District will be credited. Any disagreement over the application of any method of applying seniority utilized by any department will be subject to the grievance procedure. Sec. 5.29. Dental Insurance. The District shall provide each full-time em- ployee with a dental insurance policy or group policy, as de- termined by the Board of Directors, which will provide a reason- able amount of protection or coverage at no cost to the employee. Sec. 5.30. Eye Care Plan. The District will provide each full time employee with an eye care plan as determined by the Board of Directors. The plan will provide a reasonable amount of coverage at no cost to the employee. Sec. 5.31. Temporary Assignment for Duties in a Higher Class. By approval of the General Manager, temporary advancement of a qualified em- ployee assigned to perform the duties in a classification which is compensated at a pay rate higher than such employee's regular class may be granted. Upon such approval, the employee so assigned shall remain in their current class but shall be paid an additional 5% over and above their regular rate of pay. 4 work weeks with the effective date of the additional pay beginning with the 4th work week. duties, their pay shall revert back to the pay scale prior to working out-of-class. The assignment must be for more than When the employee returns to their normal COSTR REAL I 5 I Page 17of 17 Latest Revision I January 1, 1984 M;,INlCIPAL WATER DISTRICT RES. NO. I TITLE: I WORKING HOURS, EMPLOYEE BENEFITS ADMINISTRATIVE CODE ARTICLE 5. WORKING HOURS, EMPLOYEE BENEFITS (continued) Sec. 5.32. Special Merit for Education; The District has developed a special merit award system to mutually benefit employees and the District by stimulating and rewarding employees for educational accomplishments. This program recognizes accomplishment in terms of operator certification according to the following: Grade Amount One $ 150 Two $ 300 Three $ 500 Four $1,000 The above compensations are a one lump sum award, granting of to be determined by the employee's supervisor with approval by the General Manager. The General Manager may recognize other certi- fications according to their comparability to the above defined certi f i cates . Sec. 5.33. Defense of Public Employees. Pursuant to the Government Code, Section 995 - Authority to provide for defense of civil action or proceeding, except as otherwise provided in Section 995.2 and 995.4, upon request of an employee or former employee, the District shall provide for the defense of any civil action or proceeding brought against the employee, in the employee's of- ficial or individual capacity or both, on account of a non- malicious, good-faith act or omission in the scope of employment as an employee of the District. A cross-section, counterclaim or cross-complaint against an employee or former employee shall be deemed to be a civil action or proceeding brought against the empl oyee. are for the residence of the District employee assigned there. The employee shall pay an appropriate rent to the District for the housing facility. Said rent shall be established from time time by the Board of Directors. The District shall furnish the water supply for the residence and the District employee shall be responsible for the balance of the utilities and for adequate maintenance of the yard areas. Compensation Plan which employees may voluntarily participate in. The District matches employee contributions up to a maximum of 7.5% of an employee's bi-weekly earnings. Sec. 5.34. Special Housing Facilities. The Squires Dam caretaker's quarters Sec. 5.35. Deferred Compensation. The District has established a Deferred