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HomeMy WebLinkAboutResolution 1970 - 0003RESOLUTION NO.70-3 RULES AND REGULATIONS RELATIVE TO CONDITIONS OF EMPLOYMENT A JOINT RESOLUTION OF ThE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5, 6,~,AND 11,OF ORANGE COUNTY,CALIFORNIA, PROVIDING FOR RULES AND REGULATIONS RELATIVE TO CONDITIONS OF EMPLOYMENT:AND RESCINDING ALL RESOLUTIONS PREVIOUSLY ADOPTED IN THIS CONNECTION Th~Boards of Directors of County Sanitation Districts Nos. 1,2,3,5,6,7,and 11,of Orange County,California,hereby resolve as follows: That the following rules and regulations be established to govern the terms of employment for all persons,except the General Counsel,employed by the County Sanitation Districts of Orange County,by and through the Joint Administrative Organization: WORKING_HOURS Section 1.Eight (8)hours shall constitute a regular dayts work for all employees.Except as otherwise provided herein,the official work week of the Districts shall be five (5)working days of’eight (8)hours each. Section 2 It shall be the duty of the General Manager to arrange the work schedules so that no employee,except as provided in Section 3 hereof,shall work more than five (5)days in each calendar week.However,the General Manager or his designee may require any employee temporarily to perform service in excess of five (5)days per week or eight (8)hours per day when public necessity or convenience so require. Section_3.The provisions of Sections 1 and 2 hereof shall not apply to those employees occupying permanent full time positions whose duties require work on a regular rotating shift basis throughout the year.Such employees shall be designated as shift employees, and it shall be the duty of the General Manager or.his designee to arrange work schedules so that the average work week over the period of a year for said shift employees shall be five (5)days of eight (8)hours each. OVERTIME Section 4 If,in the judgment of the General Manager or his designee,work beyond the normal work day and/or work week,or work on a paid holiday or on a regularly scheduled day off as pro vided herein,is required of an employee,such work will be considered overtime service and will be compensated for as provided in Section 16 of the Districts!most current Positions and Salaries resolution. Section 5 Any employee separating from the Districts’ service who has performed overtime service and which overtime service has not been compensated for as provided in the Districts’ most current Positions and Salaries resolution,shall be entitled to full pay at his regular rate at time of separation for such over time service.Any such overtime pay shall be separately itemized and paid in a lump sum on the payroll following separation.When separation is caused by the death of an employee,payment shall be made to the estate of such employee,or in applicable cases,as provided by Section 630 of the Probate Code.Nothing in this section shall be interpreted as preventing the General Manager from filling a pbsition vacated by separation immediately following the last day actually worked by the separated employee. Section 6 Management and supervisory personnel who occupy positions which have a salary or salary range exceeding that set forth in Section 19 of the Districts’most current Positions and Salaries resolution~shall not be compensated for overtime as provided in Section 16 thereof.However,the General Manager shall cause a record to be kept of the accumulated overtime service of such employees and may grant equivalent time off with full pay at any time during employment to such employees upon application. G-2 Section 7 No additional employee may be engaged as a substitute for a regular employee who is on leave of absence with pay on account of overtime service,it being the intent of this provision that where persons are allowed time off with pay for overtime service the work must be carried on without additional cost or expense. VACATION Section 8 Every employee holding a duly established full time permanent position,who has completed less than three consecu tive years of service shall be entitled to an annual paid vacation leave of ten (10)full working days at the conclusion of each full year of service,dating from the date of commencement of his service. On the employee~s anniversary date any unused vacation from the prior year~s accrual shall be automatically cancelled. Section 9 Every employee holding a duly established full time position who has completed more than three consecutive years of full time service shall be entitled to an annual paid vacation leave of fifteen (15)full working days,accruable monthly in ecjual incre ments of time for each complete calendar month of service.For such employees,a maximum of five (5)days of unused vacation time from prior year~s accruals may be carried over;provided,however,that the maximum total accumulated vacation time for any employee shall not exceed twenty (20)working days.Any unused accrued vacation time in excess of twenty (20)working days,shall be automatically cancelled. Section lO~Every employee holding a duly established full time,permanent position who has completed more than ten (10)consecu tive years of full time service shall be entitled to an annual paid vacation leave in accordance with the following schedule: Consecutive Years I~nnua]. Of Service Paid Vacation More than 10 16 Days More than 11 17 Days More than 12 18 Days More than 13 19 Days More than 1)1.20 Days G-3 Said annual paid vacation leave shall be accruable monthly in equal increments of time for each complete calendar month of service.For such employees,unused vacation time from prior year’s accruals may be carried over;provided,however,that the maximum total accumulated vacation time for any employee at any time shall not exceed twenty (20)working days.Any unused accrued vacation time in excess of twenty (20)working days shall be automatically cancelled. Section 11 Absence because of injury or sickness which is covered by accumulated sick leave shall not be a bar to the granting of the annual vacation described in Sections 8,9,and 10 hereof. The granting of any leave of absence without pay exceeding fifteen (15)calendar days shall cause the employee’s eligibility date for annual vacation to be postponed a number of days equal to the number of calendar days the employee is on leave of absence without pay, less the first fifteen (is)calendar days of such leave. Section 12 Any employee separating from the Districts’ service who has not taken his unused earned vacation,if any,shall receive the hourly equivalent of his salary for each hour of unused earned vacation. When separation is caused by death of an employee,payment shall be made to the estate of such employee,or in applicable cases, as provided by Section 630 of the Probate Code.An employee re ceiving pay in lieu of unused vacation may not be re-employed by the County Sanitation Districts in any capacity until a number of working days equal to the number of days paid vacation has elapsed following the effective date of separation.Nothing in this section shall be interpreted as preventing the General Manager from filling a posi tion vacated by separation immediately following the effective date of such separation. Section 13 No employee shall be permitted to work for compensation for the Districts during the time of hi~paid vacation,- nor be otherwise compensated for vaeat:Lon tijr~e not taken,except as provided in Section 12 hereof. a -Il- The General Manager or his designee shall be responsible for scheduling the vacations of employees in such a manner as to achiev.e the most efficient functioning of the Districts.In any use of vacation the minimum charge to the employee’s earned vacation shall be one (1)hour,while additional actual leave over one hour shall be charged to the nearest full hour to a maximum of the employee’s entitlement. SICK LEAVE Section 14 Every employee holding a duly established full time permanent position,whether paid by the month or by the hour, shall accrue one working day sick leave,with pay,for each full calendar month of actual continuous service,except that no employee shall earn sick leave credit during a calendar month in which he is absent without pay more than three working days. Section 15 Sick leave may be applied only to absence caused by illness or injury of an employeeand may not extend to absence caused by illness or injury of a member of the employee’s family. Application of accumulated sick leave to medical and dental office calls during working hours may be authorized at the discretion of the General Manager.In any instance involving use of a fraction of a day’s sick leave,the minimum charge to the employee’s sick leave account shall be one (1)hour,while additional actual absence over one hour shall be charged to the nearest full hour.The General Manager shall be responsible for control of abuse of the sick leave privilege.The employee may be required to furnish a certificate issued by a licensed physician or nurse,or other staisfactory evidence of illness. SICK LEAVE (Involving Workmen’s Compensation) Section 16 Whenever any employee is compelled by direction of his physician to be absent from duty on account of injury arising out of and in the course of his employment,he shall receive full compensation during the first seven (7)calendar days of such absence. Thereafter during such absence he may elect to apply pro-rated accrued sick leave to such absence and to receive compensation .. therefor in an amount equal to the difference between the compensa tion to whic~b he is entitled under the Workmen’s Compensation Act and his regular pay not to exceed the amount of his earned sick leave.An employee may also elect to use any earned vacation time and equivalent time off for overtime in like manner after his sick leave is exhausted. LEAVE OF ABSENCE -(Emergency~ Section 17.Whenever any person holding a duly established permanent full time position is compelled to be absent from duty by reason of the death or critical illness where death appears to be imminent,of either father,mother,brother,sister,wife,husband, or child,such person shall be entitled to a maximum of three (3) working days absence with pay. LEAVE OF ABSENCE -(Regular) Section lB Upon written request approved by the General Manager,any employee holding a duly established permanent position may be granted a leave of absence without pay not to exceed one year,for any of the following reasons: a)Illness or disability b)Pregnancy c)To take a course of study which will increase the employee’s usefulness on return to his position d)For personal reasons acceptable to the General Manager A leave of absence must be requested in all instances where an employee is absent without pay for more than five (5)consecutive working days.The conditions of each leave of absence shall be deterrdned by the General Manager,based upon the Districts’needs and requirements. LEAVE OF ABSENCE -(Military SectJor~J~.Military leave is governed by the provisions of the Military and Veterans Code of the State of California,Sections 395 -395.02. SUSPENSION Section 20 The General Manager may suspend an employee, without pay,for a period of time not to exceed thirty (30)working days,when in his judgment such disciplinary action will best serve the Districts’interest. MEDICAL EXAMINATION - Section 21 The General Manager may require evidence of good health and freedom from disabling defects,as shown by a re— cent medical examination,as a condition to Original employment,or as a condition to appointment to any position upon return of an employee from a medical leave of absence,and may periodically thereafter require further medical examination of employees at the Districts’expense.Chronic or persistent illness,or a disabling physical defect not arising out of empj.oyment by the Districts, may be cause for separation from service. UNIFORMS Section 22 Employees required to wear uniforms or protective garments shall be provided with regular laundering thereof at the Districts’expense. HOLIDAYS Section 23 The following paid holidays shall be granted to all employees holding duly established permanent,full time positions: January 1,February 12,February 22,May 30,July 24,Labor Day, November 11,Thanksgiving Day,the day after Thanksgiving Day,and December 25,. When a holiday falls on Sunday,the following Monday will be observed as a holiday.When a holiday falls on a regularly scheduled day off for an employee who is eligible to receive paid holidays, the employee shall be entitled to equivalent time off with pay, provided however,that employees designated as shift employees may be compensated thercfor as provided in Section 16 of the Districts’ most current Positions and Salarics resolution. Section 24 An approved Grievance Procedure shall be instituted on the effccti~e date of this resolution, G-7 BE IT FURTI-IER RESOLVED,that the rules and regulations hereinabove adopted shall become effective January 1,1970. BE IT FURTHER RESOLVED,that any and all prior resolutions and motions or portions thereof previously adopted and relating to rules and regulations relative to conditions of employment are re scinded and made of no further effect as of January 1,1970. PASSED AI\TD ADOPTED at a regular meeting held January 14,1970. 8 STATE OF CALIFORNIA SS. COUNTY OF ORANGE I,FRED A.HARPER,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,and 11,of Orange County,California,do hereby certify that the above and foregoing Resolution No.70...3 was regularly passed and adopted at a regular meeting of said Boards on the 14th day of January 1970,by the following vote,to wit: AYES:Directors Clifton C.Miller(Chairman),Harold Bousman,Burton Brooks,Norman E.Culver,Paul C.Furman,Jack Gomez,Jack Green,Lorin Griset, Robert Harvey,Wade Herrin,Dale Kroesen,Don Mclnriis,Howard Rogers,Frank Marshott,Robert Nevil,Lindsley Parsons,Ellis N.Porter,Louis Reinhardt,A.J.Schutte,Edward Just,Donald Shipley,Don E.Smith,Thomas 0.Speer,James Workman and Alton Allen NOES:None ABSENT: Directors Derek McWhinney and Stanley Anderson IN WITNESS WHEREOF,I have hereunto set my hand this 14th day of January ,1970. Fred A.Harper,Secreta , Boards of Directors,CountT~r Sanitation Districts Nos.1,2,3,5,6,7,and 11,of Orange Courtty,California