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HomeMy WebLinkAboutResolution 1977 - 0154RESOLUTION NO.77-154 PROVIDING FOR RULES AND REGULATIONS RE TERMS AND 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 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 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 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)regular days in each work week nor less than four (4) regular 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 separating from theDistricts’service who has performed overtime service and is otherwise entitled to overtime pay 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 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. VACATI ON 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 elapsed -2- f.ollowing the effective date of separation.Nothing in this section shall be 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 function ing of the Districts.In any use of vacation the minimum charge to the employee’s earned vacation shall be one-half (½)hour,while additional actual leave over one-half (½)hour shall be charged to the nearest half hour to a maximum of the employee’s entitlement. SICK LEAVE Section 8 Except as hereafter provided,sick leave may be applied only to absence caused by illness,injury or pregnancy of an employee.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-half (½)hour,while additional actual absence over one-half (½)hour shall be charged to the nearest one-half (½)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. Sick leave may also be applied because an employee’s presence is needed to attend to the illness of a member of his or her immediate family (spouse or child),provided that such absence shall be limited to a maximum of three (3) working days per year. SICK LEAVE -(Involving Worker’s Compensation) Section 9 Whenever any employee is compelled by direction of his physician -3- 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.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 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 after 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, foster parent,step-parent,mother-in-law,father-in-law,brother,sister,wife, husband,child or step-child,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. -4- 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. 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 established 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 provisions of,and the salary assignments authorized by prior resolutions,as amended. Each employee employed on or after the effective date of this resolution shalibe 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 employinent.~ It is further provided,that on recommendation of the General Manager the Boards of Directors may,by motion,authorizethe 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 position for which only an hourly salary has been established in the current Positions and Salaries resolution shall,at the discretion of the General 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 —5- • employed should be transferred or reclassified to a position with a different tiitle or range number,the assignment of a new salary to such a person shall be made as follows: 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 up to the step number occupied under the former classification on the effective date of the reclassification,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 Jiigher 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 classification 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 on an extended leave;and (c)that written notification of the required work of a higher paid classification has been properly filed with the Department Head within the first S ten (10)consecutive days of said work.The increased compensation to be paid -6- F ~o an employee who meets the aforementioned criteria shall 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 such increase does not exceed the top step of said position classification and,further provided,only the percentage of time actually devoted to performing work of the higher classification commencing with the 22nd consecutive work day shall be compen sated at the higher rate of pay. When an employee is requested by the Department 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 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 • • salary anniversary date heretofore established under the provisions of prior resolutions,as amended.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. 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 the first 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 Supervisory,there S shall be established a salary anniversary date which shall be the first day of the first biweekly pay period of the Districts’fiscal year. -7- I, 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 anniversary date or (2)cause such assignment 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 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 Head 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. DISCIPLINARY 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 this resolution and the Positions and Salaries resolution.The General Manager shall establish rules and guidelines pertaining to the procedures governing such actions,which such rules and guidelines are more specifically set forth on Exhibit “A”,attached hereto and made a part of this resolution. -8- 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. MISCELLANEOUS S Section 20 ‘An approved grievance procedure is effective on the date of approval of this resolution,which said procedure is more specifically set forth on Exhibit “B”,attached hereto and made a part of this resolution. Section 21 An approved lay-off procedure is effective on the date of this resolution,which said procedure is more specifically set forth on Exhibit ~attached hereto and made a part of this resolution. Section 22 That all terms and conditions of this resolution are subject to and contingent upon execution of a written Memorandum of Understanding by representatives of the Districts’respective employee units. Section 23 That any resolutions or motions or portions thereof that are in conflict herewith are hereby rescinded and made of no further effect. Section 24 That,unless otherwise provided,the rules and regulations hereinabove adopted shall become effective December 2,1977. PASSED AND ADOPTED at a regular meeting held November 9,1977. - -9- j EXHIBIT “A” DISCIPLINARY ACTIONS The General Manager is hereby 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. Disciplinary action to be imposed,if any,shall be that which,if in the judgement of the General Manager,appears to be in the best interest of the Districts.The General ~1anager shall have the authority to: Terminate the employee; or Suspend the employee,without pay,for a period of time not to exceed thirty (30)working days; or Defer consideration of the employee’s annual anniversary merit review for a period of up to one year; and/or Adjust the employee’s salary to that representing a lower step rate within the heretofore-established salary range of the employee’s assigned position classification; and/or Reclassify the employee by demotion to a position classification for which a lesser salary range has heretofore been established, in which case the employee may be assigned a salary representing any step rate within said lower position classification as deemed appropriate under the circumstances by the General Manager. EXHIBIT “B” GRIEVANCE PROCEDURE Section 1 A grievance is any dispute involving an individual employee concerning the interpretation or application of the Employee Relations Resolution No.75-127,or of a written memorandum of understanding, or of rules or regulations governing personnel practices or working conditions or of any alleged improper treatment of an employee not other wise covered herein. Section 2 Step 1:Ithen an employee has a grievance he shall contact his immediate supervisor within five (5)working days of the occurrence of the event creating the grievance.The supervisor shall give a response within three (3)working days thereafter. Step 2:If no agreement is reached with his immediate supervisor at Step 1,within three (3)working days of his decision,the employee or his representative must reduce the grievance to writing and file it with the Department Head. Within five (5)working days after receiving the written grievance,the Department Head shall meet with the employee and/or his representative and shall issue a written decision within five (5)working days after the meeting. that (a)in the event the exact same rate of pay is not set forth in the salary range assigned to the position classification to which the employee has “bumped”,then the employee’s rate of pay shall be established as the next lower rate of pay in the new position classification range;and (b)in no event shall the employee receive a salary that exceeds Step 5 of the new position classification to which he has “bumped”. Step 7:Employees that have been laid off shall be placed on a rehire eligibility list for their respective work group.The employee most recently laid off shall be placed at the top of the list and thereafter,in descending order by date of layoff.Employees’ names shall be maintained on the eligibility list for a period of two years from date.of separation. In the event the DISTRICTS commence hiring for positions from which employees have been previously laid off,all employees on the rehire eligibility list shall be so notified.Employees responding to said notification within 10 calendar days will be eligible for re-employment in position classification openings in the work group for which they have previously been laid off, in order of the rehire eligibility listing.In the event openings occur in other work groups,the employee may apply for said openings and will be considered without priority rating along with other applicants. Employees whO do not respond within 10 calendar days of the date said notification was mailed by the DISTRICTS will automatically have their names removed from the rehire eligibility listing. NOTICES All notices and responses shall be in writing,certified mail, return receipt requested,to the last address of record,or delivered in person,for which written acknowledgment must be made.Responses to the DISTRICTS should be addressed to p.o. Box 8127,Fountain Valley,CA 92708. —2- J~dL~J~~ Section 3 A grievance may be presented and processed by the employee, a recognized employee organization or its duly authorized agent,whichever the employee desires. Section 4 An employee shall be given reasonable time off to present and process his grievance.If the employee is represented by a recognized employee organization,said organization may designate one (1)employee to present and process the grievance.Said employee shall also be given reasonable time off to handle this duty.Time off for processing grievance shall be without loss of pay provided (a)said privilege is not abused; (b)the grievance is a legitimate and bona fide one;and (c)absence from work station will not cause disruption to the DISTRICTS’operations. Provided,further,that if a grievance arises which affects two (2)or more employees,they shall designate one (1)of them to process said grievance for and on behalf of all affected employees. Section 5 Failure of the DISTRICTS’representative to render a decision within the designated time limits shall be deemed a rejection enabling the grievant to process the grievance to the next available step. Section 6 If a grievance is not presented or appealed within the designated time limits,it shall be considered settled and no further action need be taken. -3- EXHIBIT “C” LAYOFF PROCEDURE Step 1:Determination of the need for layoff will be madeby the DISTRICTS. Step 2:Work groups and position classifications will be determined by the DISTRICTS. Step 3:Number of employees to be laid off will be determined by the DISTRICTS. Step 4:Department Head of work group affected will recommend to the Personnel Review Committee employees to be laid off based upon performance,demonstrated competency as evidenced by past Performance Review and Action Notices (PRAN’s),length of service,and the requirements of the DISTRICTS.Performance and competency being determined equal among employees in a position classification selected for layoff,an employee with the least amount of full- time continuous service with the DISTRICTS will be laid off first, and thereafter,in order of length of service with the DISTRICTS. Personnel Review Committee will recommend to the General Manager the employees to be laid off.The General Manager’s action to lay off employees will be final. Step 5:Employees to be laid off will be so informed in writing at least two weeks prior to the date of said layoff.Such notification will include “bump down”options.In the event employee has designated a recognized representative for purposes of employer- employee relations,said representative will receive a copy of the notification of layoff. Step 6:“down -An employee selected for layoff may “bump down”into a classification in his work group for which he is qualified (qualification is presumed where the person has held the position previously with the DISTRICT or where the position is in the regular promotional line).An employee who is selected for layoff and who has not completed the new—hire probation period is not eligible for a “bump down”option. An employee informed of his impending layoff or “bump down”must inform his Department Head within five calendar days of his intent to take the option of the layoff or the “bump down”. The process will be repeated at the next lower position class ification level within the group where an employee “bumps down”. The salary for an employee that has “bumped down”shall be established at the same rate of pay for which said employee had been assigned in the higher classification provided,however, STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS. 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.7 7-154 was regularly passed and adopted at a regular meeting of said Boards on the 9th day of November by the following vote,to wit: , 1977 , AYES:Philip Anthony,Fete Barrett,Sam Cooper,Norman Culver, Milan Dostal,Vernon Evans,Donald Fox,Henry Frese, Francis Glockner,Donald Holt,Jr.,Don Mclnnis,Richard Olson,David Ortiz,Ron Pattinson,Bob Perry,Thomas Riley,Kerni Rima,Earl Roget,Donald Roth,Paul Ryckoff, Donald Saltarelli,Laurence Schmit,George Scott,James Sharp,Ron Shenkman,Don Smith,Charles Stevens,Jr., Bernie Svalstad,Charles Sylvia,Bill Vardoulis,Henry Wedaa,Harriett Wieder,Donald Winn,Duane Winters and Frances Wood NOES:None ABSENT:Russell Gray, Marshott Don Griffin,Donald Hudson and Frank IN WITNESS WHEREOF,I have hereunto set my hand this 9th day of November , 1977 J Wa~4~e ~fvester,Secretary, óard~of,4~irectors,County Sani4~tioK Districts Nos.1,2, 3,~6,7,and 11 of Orange County,California S-lOl