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HomeMy WebLinkAboutOCSD 01-12 (REPEALED)RESOLUTION NO.OCSD 01r12 AMENDING RESOLUTION NO.OCSD 98-33 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT AMENDING THE HUMAN RESOURCES POLICIES AND PROCEDURES ********************** The Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That Exhibit “A”of Resolution No.OCSD 98-33 is hereby amended by amending Policy No.A1O.OO,Definitions,set forth in Attachment No.1,attached hereto and incorporated herein by reference. Section 2 That Exhibit “A”of Resolution No.OCSD 98-33 is hereby amended by deleting Policy No.C120.OO,Former Full-time Employee Benefits,set forth in Attachment No.2,attached hereto and incorporated herein by reference. Section 3 That Exhibit “A”of Resolution No.OCSD 98-33 is hereby amended by adding Policy No.D51 .00,Pro Rata Benefits for Part-Time Employees,set forth in Attachment No.3, attached hereto and incorporated herein by reference. Section 4 That all other terms and conditions of Resolution No. previously recommended,shall remain in full force and effect. Section 4 Resolution. OCSD 98-33,as That all future amendments to Resolution No.OCSD 98-33 be made by ATTEST: PASSED AND ADOPTED at a regular meeting held June 27,2001. Board Se~ta 9 G:\wp.dta\admin\BS\ResoIut~ons\2OO1\O1 -1 2.doc REPEALED BY OCSD 15-18 District means the Orange County Sanitation District. Executive Management employees include the General Manager,Assistant General Managers,the Director of Finance,the Director of Engineering,the Director of Technical Services,the Director of Communications,the Director of Operations and Maintenance, the Director of General Services Administration,the Director of Information Technology, the Director of Human Resources,the Communications Manager,and the Assistant to the General Manager. Exempt Employees are employees who are not covered by the minimum wage and overtime provisions of the Fair Labor Standards Act,as amended.Such employees are considered exempt by virtue of their duties in conformance with the Act’s definition of Executive,Administrative and Professional responsibilities. Flextime is the ability of employees to choose their starting and finishing times so long as employees are present between the core hours of 8:00 a.m.and 4:00 p.m. Grievance is any complaint that management has violated a specific written policy or provision of a Memorandum of Understanding (MOU). Harassment for purposes of this policy,includes conduct that is so severe and pervasive that it creates a hostile and abusive working environment,and interferes with an employee’s ability to do his or her job. Immediate Family is defined as an employee’s father,father-in-law,mother,mother-in- law,brother,sister,husband,wife,child,grandparent,legal guardian,or any family member with whom the employee resides. Interns are part-time employees who regularly work less than 80 hours in a bi-weekly pay period.They must concurrently be attending an accredited college or university on a full-time basis and be pursuing a degree in a field related to the District’s business,all as determined by the District.They are not Regular employees and are not entitled to participate in,or receive,any District benefits,including but not limited to vacation and sick leave accrual,insurance and retirement. Joint Administrative Organization (JAO)is the organization that governs and sets policy for the Orange County Sanitation District owing its legal existence to a joint powers provision in the County Sanitation District Act.In Orange County,this is implemented by the July 1,1985 Joint Ownership,Operation and Construction Agreement. Layoff is the involuntary release of an employee due to lack of work or lack of funds. Limited Term Employees are those employees employed to work on a full-time or part time basis for a specific duration set forth in a Limited Term Employment Agreement.The •duration shall not to exceed 36 months,which period shall be identified in the Limited Term Employment Agreement.Upon comptetion of the Limited Term duration,the Page 2 of 6 Limited Term employee shall cease employment for the District for at least 100 calendar days.Only Full-time Limited Term employees are entitled to participate in,and receive, all District benefits,including but not limited to,vacation and sick leave accrual,insurance and retirement.Limited Term employees shall serve all applicable probationary periods. Limited Term Retired Employees are those employees who have retired from District employment and are employed in a position requiring special skills or knowledge for no more than the greater of 90 days or 720 hours in a fiscal year pursuant to a Limited Term Employment Agreement.Limited Term Retired employees are not entitled to participate in,nor receive,any District benefits,including but not limited to vacation and sick leave accrual,insurance and retirement. Overtime is the number of hours in paid status in excess of 40 during a workweek. NiQht Shift is an assigned work shift of at least seven consecutive hours between 6:00 p.m.and 6:00 a.m. Nonexempt Employees are employees who are covered by the minimum wage and overtime provisions of the Fair Labor Standards Act,as amended.Such employees, because of the type of work that they perform and their earnings level,are subject to receiving overtime pay in addition to any entitlement otherwise provided for in applicable Memoranda of Understanding or other policies. Payday is the Wednesday before the end of the pay period. Pay Periods are biweekly beginning at 12:01 a.m.on the Friday following payday and continuing for a 14-day period ending at midnight on the Thursday following the next payday. Probationary Period -Initial includes the first six months of employment with the District.This period is regarded as an extension of the hiring process,and provides an opportunity for both the employee and the District’s management to assess,over a substantial period of time,whether or not the hiring decision was appropriate. Probationary employees become Regular employees upon successful completion of their probationary period and the appropriate approval form,as provided by the Director of Human Resources.At Will employees do not serve a probationary period. Probationary Period -Promotional includes either the first six months or a 90-day period,depending on applicable MOU provisions,immediately following the date of a promotion.This period is regarded as an extension of the selection process,and provides an opportunity for both the employee and the District’s management to assess, over a substantial period of time,whether or not the decision was appropriate.“At-will” employees do not serve a promotional probationary period. Regular employees are those employees who regularly work on a year-round basis,for an indefinite period of time.Regular employees are entitled to benefits as set forth in the various bargaining unit Memoranda of Understandings (MOU)and elsewhere in the District’s policies and procedures.Although not guaranteed,regular employees are Page 3 of 6 appointed with the anticipation that their position will continue on a career basis and funding is available and appropriated.Regular employees may be full-time or part-time. •Part-time employees are those employees who regularly work less than 80 hours in a biweekly pay period:Regular part-time employees,who formerly held a regular full time position are entitled to prorated benefits set forth in b~T~j a Part time Employment Agreement Employees originally hired as part time employees,whether on a Limited Term or Regular basis,are not entitled to participate in,or receive,any District bonofits,including but not limited to vacation and sick leave accrual,insurance and retirement •Full-time employees are those employees who are regularly scheduled to work an 80-hour biweekly pay period. Relative is any person related by one of the following familial relationships to any employee at the agency:spouse,mother,father,brother,sister,child,grandmother, grandfather,grandchild,cousin,aunt,uncle,mother-in-law,father-in-law,brother-in-law, sister-in-law,son-in-law or daughter-in-law. Release is a separation from employment in which the employee is not qualified for the type of work assigned and no other more suitable assignment is available.Release usually results from no fault of the employee.Employees serving an initial probationary period may be released without cause. Resignation is a voluntary separation from employment with the District,including: resignation with or without notice;an unauthorized absence of three or more consecutive working days;failure to return from leave of absence as arranged;failure to return from layoff upon recall. Salary Range is the complete set of standard salary increments adjusted over time,as published in the District’s salary guide for any given position or job classification. Salary Ranges are the range of pay rates,from minimum to maximum,set for a pay grade or class. Sexual Harassment includes,but is not limited to any of the following: •Sexual favors Unwanted sexual advances that condition an employment benefit upon exchange of sexual favors. •Hostile work environment Sexually based verbal,physical or visual conduct of such a nature and intensity that it creates an intimidating,hostile or offensive working environment.Conduct that may result in a hostile work environment includes,but is not limited to,the following: •Sexual epithets,jokes,derogatory comments or slurs; •Assault,impeding or blocking movement,or any physical interference with normal work or movement when directed at an individual on the basis of sex; •For the purposes of this policy,sexual harassment includes,but is not limited to: sexual cartoons,drawings,photographs or derogatory posters. Page 4 of 6 Sick Leave is defined as the absence from duty of an employee because of a bona fide illness,injury,or pregnancy,medical or dental appointment,or to attend to the illness or injury of a family member,as defined in policy number D10 “Leave of Absence with Pay.” Standby is time during which an employee is not required to be at the work location or at the employee’s residence but is required to be available and ready for immediate return to work. A ~is an increment on the salary guide.Where not provided on the salary guide,a step shall be 5.5%of the employee’s current salary,calculated to the nearest cent. Temporary workers are workers who are not directly employed or paid by the District, but are self-employed or employed by an entity or agency other than the District.They are assigned by agreement between the District and themselves or their employer to perform work for the District for a specified duration,which shall be set forth in a written agreement between the District and themselves or their employer.The duration shall be either (a)a period of time not to exceed 12 months which may be renewed one time,after which the temporary worker shall not perform any work for the District until the passage of at least 100 days or (b)the period of time required to complete a specific project,which project shall be identified in the written agreement.A temporary worker is not considered to be a District employee and shall not be entitled to participate in,or receive,any District benefits,including but not limited to vacation and sick leave accrual,insurance and retirement.Persons designated by the District as Temporary workers shall remain ineligible to participate in District benefit programs even if a court later determines that the District incorrectly designated them as Temporary workers,or subsequently failed to designate them as Regular employees. Termination Date is considered to be the last day actually worked by the employee irrespective of any additional pay they may receive. Witness Leave is leave granted to an employee who has been compelled by law to be present at a legal proceeding for the purposes of providing testimony or other evidence. Workweek means a seven-day period starting at 12:01 a.m.Friday and ending at midnight on the following Thursday.If a work shift begins on Thursday before midnight but ends any time after midnight on Friday,all hours worked on that shift are considered to be worked on Friday. 4.0 POLICY 5.0 PROCEDURE 6.0 EXCEPTIONS 7.0 PROVISIONS AND CONDITIONS Page 5 of 6 8.0 RELATED DOCUMENTS 8.1.See ‘Table of Contents’for related policies. 8.2.Fair Labor Standards Act,as amended. Page 6 of 6 Orange County Sanitation District . Policy Number:D51.00 Effective Date:June 27,2001 Subject:Pro Rata Benefits for Part- Time Employees Supersedes:C 120.00 Approved by:Lisa L.Tomko 1.0 PURPOSE 1.1.The purpose of this policy is to establish uniform guidelines for use in the administration of the benefits program provided for regular employees working in a part-time status. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1.All regular District employees working in apart-time status. 3.0 DEFINifiONS 3.1 Part-time employees regularly work less than 80 hours in a biweekly pay period. 4.0 POLICY 4.1 Notwithstanding any other provision herein,the General Manager is authorized to confer the benefits set forth under the District’s policies and procedures regarding leave of absence with or without pay,vacations,sick leave,personal leave,holidays,tuition reimbursement,insurance,severance pay,shall apply to regular part-time employees on a prorated basis as follows: HOURS OF WORK PER WEEK PERCENT BENEFIT/SUBSIDY ~ 0—under 19 None 20 —under 29 50 percent 30 -39 75 percent 4.2.Pro rata insurance benefits mean the employee will be responsible for payment of the pro rated amount of the insurance premium.Insurance benefits consist of: Medical,dental,vision,life and short and long-term disability. 5.0 PROCEDURE With respect to insurance,employees pay premiums through monthly payroll deduction,according to the chart in section 4.1. Page 1 of2 DELETE POLICY Cl 20.00 CoMPLETELY Orange County Sanitation District Policy Number:C120.00 Effective Date:June 27,2001 Subject:FORMER FULL-TIME EMPLOYEE BENEFITS Supersedes:October 25,2001 ,~ Approved by:Lisa L.Tomko 1.0 PURPOSE 1.1.The purpose of this policy is to establish uniform guidelines for use in the administration of the program that provides benefits for employees who formerly held regular full-time positions but are now working in a part-time status. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1.District employees working in a part-time status who formerly held regular full- time positions but are now working in a part-time status. 3.0 DEFINITIONS 3.1 Part-time employees regularly work less than 80 hours in a biweekly pay period. 4.0 POLICY 4.1 Notwithstanding any other provision herein,the General Manager is authorized to confer the benefits set forth under the District’s policies and procedures regarding leave of absence with or without pay,vacations,sick leave,personal leave,holidays,tuition reimbursement,insurance,severance pay,FMLA and CFRA on a prorated basis as follows: HOURS OF WORK PER WEEK PERCENT BENEFIT/SUBSIDY 0—under 19 None 20 —under 29 50 percent 30 —39 75 percent 4.2.The benefits shall be set forth in a written agreement between the employee and the General Manager on a case-by-case basis. 5.0 PROCEDURE With respect to insurance,employees pay premiums through monthly payroll deduction,according to the chart in section 4.1. Page 1 of 2 6.0 EXCEPTIONS 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS• Page 2 of 2