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HomeMy WebLinkAboutResolution 1975 - 0011RESOLUTION NO.75-li 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, 6,7,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 The 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 The General Manager shall have the authority to. define and establish what shall constitute a regular day’s work 4 for all employees,provided,however,said regular workday shall not be less than eight (8)hours,nor more than ten (10)hours. Section 2 Except as provided in Section 3 herein,it shall be the duty of the General Manager to arrange the work schedules sothat no employee shall work more than five (5)days In each~ work week nor less than four (11)days in each work week.However, •the General Manager or his designee may require any employee temporarily to perform services in excess of said prescribed limita— •tion when the public necessity or convenience so requires. OVERTIME Section 3 If,in the judgment of the General Manager,or his designee,work beyond the prescribed workday and/or work week’, or work on a paid holiday or on a regularly scheduled day off,as prescribed herein,is required of an employee,such work will be ir compensated for as provided in Section 16 of the Districts’most current Positions and Salaries resolution. Section 1~Except as provided in Section 5 herein,any employee separating from the Districts’servicewho 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 overtime 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 Probat.e Code.Nothing in this section shall be interpreted as preventing the General Manager from filling a position vacated by separation immediately following the last day actually worked by the separated employee. Section 5 Management and supervisory personnel who occupy positions which have a salary or salary range exceeding tha~set forth in Section 19 of the Districts’most current Positions and Salaries resolution,shall not be compensated for overtime. VACATION :Section 6 Every employee holding a duly established full— time permanent position who has completed less than three consecutive years of service shall be entitled to an annual paid vacation leave of eighty (80)hours at the conclusion of each full year of service dating from the date of commencement of his service. Section T Except as provided in Section 8 herein,every employee holding a duly established full—time permanent position who has completed more than three but less than five consecutive years of service shall,commencing with the first day of the pay period, following the third consecUtive year of full—time service,accrue vacation leave at the rate of 3.08 hours (approximately 80 hours per year)for each complete bi—weekly pay period of service.Any unused —2— (~(~• accrued vacation time in excess of eIghty (80)hours shall be automatically canceled. Section 8 Every employee employed prior to January 1,19711, and holding a.duly established full—time,permanent position who has completed more than three consecutive years of full—time service shall,commencing with the first day of the pay period following the third consecutive year of full—time service,accrue vacation leave at the rate of 11.62 hours (approximately one hundred twenty (120) hours per year)for each complete bi—weekly pay period of service. For such employees,a maximum of forty (110)hours of unused vacation tixne from prior periods’accruals may be carried over,provided,. however,that the maximum total accumulated vacation tiin’e for any employee shall not exceed one hundred sixty (160 hours).Any unused accrued vacation time in excess of one hundred sixty (160) hours shall be automatically canceled. Section 9 Every employee employed after December 31,1973, and holding a duly established full—time permanent position who has completed more than five consecutIve years of full—time service shall, commencing with the first day of the pa’y period following the fifth consecutive year of service,accrue vacation leave at the rate of 11.62 hours (approximately one hundred twenty (120)hours per year) for each complete bi—weekly pay period of service.For such employees,amaximum of forty (110)hours of unused vacation time from prior periods’accumulation may be carried over,provided, however,that the maximum total accumulated vacation time for any employee shall not exceed one hundred sixty (160)hours.Any unused accrued vacation time in excess of one hundred sixty (160)hours shall be automatically canceled. Section 10 Every employee holding a duly established full—time, permanent position who has completed more than ten (10)consecutive years of full—time service shall,commencing with the first day of the pay period following completion of the required consecutive years —3— of service,accrue vacation leave for each complete bi—weekly pay period of service in accordance with the following schedule: Consecutive Years B1—Weekly Approximate Annual of Service Accrual Hours Vacation Hours More than 10 4.93 128 More than 11 5.24 136 More than 12 5.54 144 More than 13 5.85 152 More than 14 6.16 160 For such employees,unused vacation time from prior periods’ accruals may be carried over,provided,however,that the maximum total accumulated vacation time for any•employee at any time shall not •exceed one hundred sixty (160)hours.Any unused accrued vacation time In excess of one hundred sixty hours (160)hours sI~all be automatically canceled. 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 6 through 10 hereof. The granting of any leave of absence without pay exceeding fifteen (15)calendar days shall cause the employee’s eligibility date far annual vacation to be postponed anumb~r of days equal to the number of calendar days the employee is on leave of absence without pay~, less the first fifteen (15)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 receiving pay in lieu ‘of unused vacation may not be re—employed by the County Sanitation.Distrlcts 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 Interpretedas preventing the General Manager from filling a position. —4— (••~( 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 his paid vacation, nor be otherwis.e compensated for vacation time not taken,except as provided in Section 12 hereof. The General Manager.or his designee shall be responsible for scheduling the vacations of employees in such a manner as to achieve 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 shell be charged to the nearest full hour to a maximum of the employee’s entitlement. SICK LEAVE Section 1~Every employee employed in a duly established full—time,permanent position prior to January 1,.l9VI,shall accrue 3.70 hours sick leave with pay,for each.complete bi—weekly period of actual continuous service,provided,however,that after such employee accumulates 880 hours of accrued sick leave,said employee shall thereafter accrue 2.77 hours sick leave’wi~th pay for each complete bi—weekly period of actual continuous service,except as hereafter provided in Section 16..No such employee shall earn sick leave credit during a bi—weekly pay period In which said employee is absent without pay for more than eleven (11)working hours. SectIon 15 Every employee employed •after December 31,1973, who is holding a duly established full—time,permanent posItIon~shall accrue 2.77 hours sick leave with pay for each complete bi—weekly period of actual continuous service,except as hereafter provided in Section 16.No such employee shall earn sick leave credit during a calendar month in which he Is absent without pay more than eleven (11)working hours. . Section 16 . In the event the State of California amends the laws governing the Public Employees”Retirement System to provide —5— 1~.. for mandatory one—half continuance retirement benefits under the Public Employees’Retirement System for the spouse or beneficiary •on death of the retiring employee,every employee holding a duly established full—time,permanent position,shall then begin to accrue 3.70 hours sick leave with pay for each complete bi—weekly period of actual continuous service commencing with the bi—weekly •period in which said amendment to the Public Employees’Retirement System becomes mandatory,except that no employee shall earn sick leave credit during a calendar month in which he is absent without pay for more than eleven (11)working hours. Section 17 Sick leave may be applied only to absence caused by illness or injury of an employee and 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 satisfactory evidence of illness. Section 18 Upon separation by reason of death or retirement, an employee shall be entitled to receive 30%of his unused accumulated sick leave.Said payment shall be at the rate of pay-in effect at the time of separation. SICK LEAVE —(Involving Workmen’s Compensation) Section 19 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 three (3)calendar days of such.absence. —6— 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 which he is entitled under the Workmen’s Compensation Act and his regular pay not to exceed the arnount.of his earned sick leave. An employee may also elect to use any earned vacation time and compensatory time off in like manner after his sick leave is exhausted. LEAVE OF ABSENCE -(Emergency) • Section 20 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 21 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 determined by the General Manager,based upon the Districts’needs and requirements. . LEAVE OF ABSENCE —(Military) Section 22 Military leave is governed by the provisions of —7— the Military and Veterans Code of the State of California, Sections 395 —395.02. SUSPENSION Settion 23 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 recent 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 employment by the Districts, may be cause for separation from service. UNIFORMS Section 25 Employees required to wear uniforms or protective garments shall be provided with regular laundering thereof at the Districts expense. HOLIDAYS Section 26 The following paid holidays shall be granted to all employees holding duly established permanent,full—time positions: New Year’s Day,Lincoln’s Birthday,Washington’s Birthday,Memorial Day,Independence Day,Veterans’Day,Thanksgiving Day,the day.after Thanksgiving Day,and Christmas Day. 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 —8— compensated therefor as provided in Section 16 of the Districts’ most current Positions and Salaries resolution. Section 27 An approved Grievance Procedure is effective on the date of approval of this resolution. BE IT FURThER RESOLVED,that the rules and regulations herein above adopted shall become effective January 31,1975. —9— STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) I,J.WAYNE SYLVESTER,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.75-11 was regularly passed and adopted at an adjourned regular meeting of said Boards on the 19th day of February ,1975 ,by the following vote,to wit: AYES:Directors Donald Winn (Chairman),Lowell Amo, Gilbert Arbiso,Jr.,Robert Battin,Thomas McKnew, John Burton,Edward Byrne,Michael Callahan, Dale Chaput,Ralph Clark,Phillip Cox,Norman Culver,Jesse Davis,Milan Dostal,Henry Duke, Vernon Evans,Donald Fox,John Garthe,Norma Gibbs,Francis Glockner,Beth Graham,James Jackman,Miriam Kaywood,Don Mclnnis,Robert Nevil,Bob Perry,Thomas Riley,Kerm Rima, Howard Rogers,Robert Root,Donald Saltarelli, Laurence Schmit,Roger Stanton,Bernie Svalstad, •Joe Temple,Harriett Wieder,and Frances Wood NOES:None ABSENT:Director Sofia Sonju IN WITNESS WHEREOF,I have hereunto set i~y hand this 19th day of February ,1975 (pani ation Districts Nos.1,2, ‘~3,5,6,7,and 11,of Orange County,California