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HomeMy WebLinkAboutResolution 1975 - 0168RESOLUTION NO.75-168 PROVIDING FOR RULES AND REGULATIONS RE TERMS AND CONDITIONS OF EMPLOYML~NT 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 TERMS AND 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 Genera.l 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 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 so that no employee shall work more than five (5)days in each work week nor less than four (4)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 limitation when the public necessity or convenience so requires. OVERTIME . Section 3 If,in the judgement 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 is required of a full time,permanent employee,such work will be compensated for as provided in Section 10 of the Districts’most current Positions and Salaries resolution(s). Section 4 Any employee otherwise entitled to overtime pay,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 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 Sect ions 630 of the Probate 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. VACATION Section 5 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 accrued by an employee.The granting of any leave of absence without pay exceed ing 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 (15)calendar days of such leave. Section 6 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 any employee,payment shall be made to the estate of such employee,or in applicable cases,as provided in Section 630 of the Probate Code.An employee receiving 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 elasped following the effective date of separation.Nothing in this section shall be —2— interpreted as preventing the General Manager from filling a position vacated by separation immediately following the effective date of such separation. Section 7 No employee shall be permitted to.work for compensation for the Districts during the time of his paid vacation,nor be otherwise compensated for vacation time not taken,except as provided in Section 6 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 func tioning 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 (1)hour shall be charged to the nearest full hour to.a maximum of the employee’s entitlement. SICK LEAVE Section 8 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 ofa 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 (1)hour shall •be charged to the nearest full hour.The General Manager shall be responsible for control of abuse of the sick leave.privllege.The employee may be required to furnish a certificate issued by a licensed physician or nurse,or other •satisfactory evidence of illness. SICK LEAVE -(Involving Worker’s Compensation)• •Section 9 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 duri-ng the first three (3) •calendar days of such absence.Thereafter,during such absence,he may elect to —3- apply pro-rated accrued sick leave to such absence and to receive compensation therefor in an amount equal to the difference between the compensation to which he is entitled under the Worker’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 compensatory time off in like manner a.fter his sick leave is exhausted. LEAVE OF ABSENCE -(Emergency) Section 10 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,child,foster parent or stepparent,such person. shall be entitled to a maximum of three (3)working days absence with pay. LEAVE OF ABSENCE -(Regular) Section 11 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 12 Military leave is governed by the provisions of the Military and Veterans Code of the State of California,Sections 395 -395.02. -4- ‘ COMPENSATION ASSIGNMENTS AND ADJUSTMENTS Section 13 Except for employees reclassified in accordance with the provisions of Section 14 hereof,each employee employed before the effective date of this resolution and assigned to a full time,permanent position estab lished in the current Positions and Salaries resolution,shall be assigned a salary no greater than that provided for by the step number to which such employee is entitled on the effective date of this resolution,under the provi sions of,and the salary assignments authorized by prior resolutions,as amended. Each employee employed on or after the effective date of this resolution shall be assigned,insofar as practicable,a salary provided for by the first step rate hereinabove established for the position being filled;provided,however, that upon a determination by the General Manager that an individual being employed has unusual qualifications or that there is unusual difficulty in recruiting an employee for the position,the General Manager may assign to such an employee a salary not to exceed that provided for by the third full step rate for the position being filled at any time during the first ninety (90)days of employment. It is further provided,that on recommendation of the General Manager the Boards of Directors may,by motion,authorize the assignment to such an employee of a salary exceeding that provided for by the third full step rate for the position being filled. Each employee employed in a part time position established in the current Positions and Salaries resolution shall,at the discretion of the Genera.l Manager,be assigned a salary equal to or less than the hourly rates specified in the current Positions and Salaries resolution. Section 14 Upon the determination by the General Manager,with the advice and recommendation of the Personnel Review Committee,that a person already employed should be transferred or reclassified to a position with a different title or range number,the assignment of a new salary to such a person shall be made as follows: —5-’ A.For an employee transferred to a position of substantially the same responsibility,the employee shall be assigned,a salary established for said position corresponding to the same step number occupied under the employee’s former classification on the effective date of the reclassification. B.For an employee transferred to a position of.higher responsibility,’ the employee shall be assigned a salary established for said position corres ponding to the step number occupied under the former classification on the effective date of the reclassification,or,under unusual circumstances and at the dett~rmination of the General Manager,to a salary corresponding to a lower step number,but in no event shall he receive less than a one-half step increase. C.For an employee transferred to a position of lesser responsibility or lower salary range,the employee shall be assigned a salary established for said position corresponding to a step number which is deemed appropriate by the General Manager under the circumstances. Section 15 If,in the determination of the General Manager,work of a higher paid classification is required by a Department Head or Departmental Supervisor of an employee on a temporary basis for a period of more than twenty- one (21)consecutive working days in a payroll year,the employee working temporarily in said higher ciassifiëation shall be eligible to receive a temporary increase in pay rate for time worked in the higher paid classification beginning with the 22nd consecutive working day,provided (a)that it is established by the Department Head that said employee is,in fact,performing in the capacity of the higher position;(b)that the higher position classification is vacant by virtue of the incumbent having been promoted,terminated,or being on an extended leave;and Cc)that written notification of the required work of a higher paid classification has been properly fi].ed with the Department Ilead within the first ten (10)consecutive days of said work.The increased compen sation to be paid to an employee who meets the aforementioned criteria shall -6- be equal to a one full step salary increase or the first step of the position classification for which said work is allegedly being performed,whichever is greater,provided that said increase does not exceed the top step of said position classification and,further provided,that only the percentage of time actually devoted to performing work of the higher classification commencing with the 22nd consecutive work day shall be compensatedat the higher rate of pay. When an employee is requested by the bepartment Head to work in an upgraded classification wherein it is the intent to permanently upgrade said employee in that classification,the twenty-one (21)consecutive working day waiting period for temporary increase in pay rate eligibility,as hereinabove provided,may be waived by the General Manager. Section 16 Except as provided hereafter for those positions designated as Apprentices,for each full time,permanent employee in the Joint Administrative Organization assigned to a position established in the current Positions and Salaries resolution,there shall be a salary anniversary,date,which in the case of employees employed before the effective date of this resolution,shall be the first day of the biweekly pay period in which said employees’salary anniversary date heretofore established under the provisions of prior resolutions,as amended, falls,commencing with the effective date of this resolution and continuing • • through January 29,1976.Thereafter,such employees’annual salary anniversary date shall be the first day of the biweekly pay period following fifty-two (52) weeks of continuous service from the precediilig salary anniversary date. In the case of employees employed after the effective date of this resolu tion,the salary anniversary date shall be the first day of the biweekly pay period following the completion of thefirst twenty-six (26)weeks of continuous service.Thereafter,such employees’annual salary anniversary date shall be the first day of the biweekly pay period following fifty-two (52)weeks of continuous service from the preceding salary anniversary date. For each employee assigned to a position designated as Apprentice I,as established in the current Positions and Salaries resolution,there shall be —7- assigned four salary anniversary dates;the first of which shall be the first day ofth~biweekly pay per:i.od after such an employee completes the first thirteen (13)weeks of continuous service;the subsequent of which shall be the first day of the biweekly pay period after such employee completes each successive thirteen (13)week period of continuous service. For each employee assigned to a position designated as Apprentice II,there shall be assigned two salary anniversary dates;the first of which shall be the first day of the biweekly pay period after such an employee completes the first twenty-six (26)weeks of continuous service as an Apprentice II and the second of which shall be the first day of the biweekly pay period after such an employee completes each successive twenty-six (26)week period of continuous service as an Apprentice II. Upon completion of the Apprenticeship Program,the permanent salary anni •.versary date of pér~onnel who have completed either the Apprentice I or Apprentice II program shall be established as the first day of the biweekly pay period following the period in which the apprentice has successfully completed the program;and thereafter,such employees’annual salary anniversary date shal]~ be the first day of the biweekly pay period following fifty-two (52)weeks of continuous service from the preceding salary anniversary date. For each employee assigned to a position designated as Supervisory.,there shall be established a salary anniversary date which shall be the first day of the first biweekly pay period of the Districts’fiscal year. Section 17 Except as provided hereafter in this section,thirty (30)days prior to the salary anniversary date of each full,time,permanent employee,the General Manager shall cause to be made a review of such employee’s performance on the job.With the advice of the Personnel Review Committee,the General Manager shall either (1)assign to each such employee a salary representing.a higher step rate not to exceed one full step effective on the employee’s’anni versary date or (2)cause such assignment to be postponed for a period up to -8- the next anniversary date.The General Manager shall cause such postponement only for reason of sub-standard performance by the employee or to establish as much as possible within each position classification equal salary for equal ability and work performance with due consideration for training and seniority. In the case of employees’positions designated as Supervisory,the General Manager shall cause to be made a review of such employee’s performance on the job.With the advice and recommendation of the employee’s Department 1-lead and the Personnel Review Committee,the •General Manager shall either (1)assign to each such employee a salary representing a higher step rate not to exceed one-half full step effective on the employee’s anniversary date or (2)cause such assign ment to be postponed for a period up to the next anniversary date.The General Manager shall cause such postponement only for reason of sub-standard performance• by the employee or to establish as much as possible within each position classi fication equal salary for equal ability and work performance with due consideration for training and seniority. DISC IPLINARY ACTIONS Section 18 The General Manager is authorized and directed to exercise supervision over all employees and to impose disciplinary actions,for just cause,upon any person employed under.the provisions of the personnel and-salary resolutions.The General Manager shall establish rules and guidelines pertaining to the procedures governing such actions. - MEDICAL EXAMINATION Section 19 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. -9- Section 20 An approved Grievance Procedure is effective on the date of approval of this resolution. That,unless otherwise provided,the rules and regulations hereinabove adopted shall become effective December 1,1975;and, That any resolutions or motions or portions thereof that are in.conflict herewith are hereby rescinded and made of no further effect.. PASSED AND ADOPTED at a regular meeting held December 10,1975. -10- 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.75-168 was regularly passed and adopted at a regular meeting of said Boards on the 10th.day of December by the following vote,to wit: , 19 75 , AYES:Directors Donald Winn (Joint Chairman),Lowell Amo, Robert Battin,John Burton,Edward Byrne,Michael Callahan,Dale Chaput,Ralph Clark,Phillip Cox, Norman Culver,Jesse Davis,Milan Dostal,Henry Duke, Vernon Evans,Donald Fox,Alice Frankiewich,John •Garthe,Norma Gibbs,Francis Glockner,Robert Nevil, James Jackman,Miriam Kaywood,Leonard MacKain,Don~ Mclnnis,Thomas McKnew,Bob Perry,Kerm Rima,Howard Rogers,Donald Saltarelli,Laurence Schmit,George Scott,Donald Shipley,Jess Perez1 RobertWard;. Martha Weishaupt,Frances Wood,and Robin Young: NOES:None ABSENT:Directors Thomas Riley,John Store,and Bernie Svalstad IN WITNESS WHEREOF,I have hereunto set my hand this 10th day of December , 19 75 J ne-jSy~V~q’ster,secretary, o ds ~Di/~ctors,County •ita~f,Ion E1%stricts Nos.1,2, 5,~I,7,and 11 of Orange County,California - S-101