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HomeMy WebLinkAboutOCSD 03-05,.l RESOLUTION NO. OCSD 03-05 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. 830. 00, Harassment Policy, 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 amending Policy No. 8150.00, Recruitment, 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. C190.00, Variable Non-Base Pay, set forth in Attachment No. 3, attached hereto and incorporated herein by reference. Section 4: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by amending Policy No. E90. 00, Internet and Electronic Mail Usage Policy, set forth in Attachment No. 4, attached hereto and incorporated herein by reference. Section 5: That all other terms and conditions of Resolution No. OCSD 98-33, as previously recommended, shall remain in full force and effect. Section 6: That all future amendments to Resolution No. OCSD 98-33 be made by Resolution. PASSED AND ADOPTED at a regular meeting held February 26, 2003. AITEST: ~-:.· ;I G:\wp.dta\admin\BS\Resolutions\2003\03-05.HR P&P.doc ' , ' ........... -1 ,i (' / . ~' :~' ... Orange County Sanitation District Policy Number: 830.00 Effective Date: Subject: HARASSMENT POLICY Supersedes: October 22, 1997 Approved by: 1.0 PURPOSE 1.1 It is the policy of the Orange County Sanitation District to provide a working environment for all employees which is free of harassment and discriminatory intimidation whether based on l~ml!lm'R~lQ~!ma:?mi'Q!~li~1!Pllf§l@l race, color, religion, sex, sexual orientation, age, national origin, disability, veteran status, marital status, exercise of rights relating to family care leave, or any other legally protected basis. 1.2 All District employees are expected to support and comply with this policy. Any supervisor or manager observing or knowing of a harassing situation shall take immediate action to stop it. Supervisory and management personnel who receive reports of harassment are expected to consider all such complaints seriously and take immediate ste s to im lement this olic in accordance with the provisions contained herein. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all employees regardless of their organizational unit. Additionally, all persons who perform any services for the District inclilialog ;&i,o§;m§~oomiti~lnlrqoJtl1§l. regardless of their employment stit~;~"-~re covered by this policy. 3.0 DEFINITIONS 3.1 Harassment for the purposes of this policy, includes verbal, physical or visual conduct ~{\$~~1Q:oll'R~f?f~IfiaJt$!itG§ that is so severe andlQ~ pervasive that it creates a hostile or abusive working environment, and interferes with an emplo ee's abilit to do his or her ·ob. u'°''"''W'W·· Examples of Prohibited Behavior: • Verbal conduct such as epithets, demeaning comments of a personal nature, derogatory jokes, slurs, yelling, screaming, intimidation or threats. Page I of 3 • • • Physical contact such as assault, unwanted touching, blocking normal movement, pushing or interfering with work because of sex, race or any other protected basis. • Retaliation for having reported or threatened to report harassment. 3.2 Sexual Harassment may involve the behavior of a person of either sex against a person of the opposite or same sex, and occurs when such behavior constitutes unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, physical, or visual behavior of a sexual nature where: • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual's welfare; or • Such conduct has the purpose or effect of substantially interfering with an individual's welfare or work performance, or creates an intimidating, hostile, offensive, or demeaning work environment. Examples of Prohibited Behavior: Prohibited acts that constitute sexual harassment may take a variety of forms. Examples of the kinds of conduct that may constitute sexual harassment include, but are not limited to: • Unwelcome sexual propositions, invitations, solicitations, flirtations and gestures. • Threats or insinuations that a person's employment, wages, promotional opportunities, or other conditions of employment may be adversely affected by not submitting to sexual advances. Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person's body, dress, appearance or sexual activities; the unwelcome use of sexually degrading language, jokes or innuendoes; unwelcome suggestive or insulting sounds or whistles; [~l};filg. • Sexually suggestive objects, pictures, videotapes, audio recordings or literature placed in the work area which may embarrass or offend individuals. • Unwelcome touching, patting or pinching. • Consensual sexual relationships where such relationships load to favoritism of a subordinate employee 'Nith whom tho superior is sexually involved and Page 2 of 3 4.0 POLICY 4.1 The Orange County Sanitation District will not tolerate any form of harassment and is committed to providing a work environment that is free from unlawful discrimination. 4.2 The District will take allegations of harassment seriously and will respond promptly to complaints of harassment. Where it is determined that inappropriate conduct has occurred, the District will act immediately to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate. 5.0 PROCEDURE 5.1 Any employee who believes that he or she has been the victim of harassment prohibited by this policy must immediately report the matter, verbally or in writing, to his or her supervisor or manager, or to any other supervisor or manager, including the General Manager, or to the Human Resources Department. 5.2 Upon receipt of the complaint, the District will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances and permissible under the law. If it is determined that unlawful harassment has occurred, appropriate corrective action will be taken. 5.3 It is important to be aware that under the California Fair Employment and Housing Act ("FEHA"), employees may be held personally liable for any acts of unlawful harassment. 6.0 EXCEPTIONS 7.0 PROVISIONS AND CONDITIONS 7.1 Post in offices. 8.0 RELATED DOCUMENTS Page 3 of 3 Orange County Sanitation District Subject: Recruitment 1.0 PURPOSE Policy Number: 8150.00 Effective Date: Supersedes: Approved by: 1.1 The purpose of this policy is to establish uniform guidelines and procedures for the District's recruitment activities. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all District departments, divisions, sections and employees. 3.0 DEFINITIONS 3.1 Recruitment is the process of attracting qualified individuals to apply for jobs that are open within the organization, whether internal or external. 3.2 Internal recruitment means considering only present employees as applicants for job openings within the organization. 3.3 Open recruitment means attracting applicants from outside the organization, as well as internally to apply for job openings within the organization. 3.4 ---"'"-' includes at the first 6 months or f employment with the District ~., L"~"'"'"g t§~l~~~~'.ili~!\\tlir~'. This period is regarded as an extension of the hiring process, and provides an opportunity for both the employee and the District management to assess, over a substantial period of time, whether or not the hiring decision was appropriate. Probationary employees become regular, full time employees upon successful completion of their probationary period and tho appropriate approval form, as provided by tho Director of Human Resources. 3.5 Probationary P~ri~~,:,,,Promotional ~l~f~!!il~1lira'.~i?~!!Q,~6.l~'.tlvt~~,~RlQYJl!Qi$. includes eitAef ~t!~~§\ the first 6 months or a 90 day period, depending on Page 1 of9 his period is regarded as an extension of the selection process, and provides an opportunity for both the employee and the District 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. 3.6 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 or sister-in-law. 4.0 POLICY 4.1 It is the District's policy to provide nondiscriminatory, lawful and consistent guidelines and procedures to its recruitment process, whether internal or open. 5.0 PROCEDURE 5.1.1 A personnel requisition is the first step for the hiring supervisor to communicate personnel needs. 5.1.2 The hiring supervisor completes the personnel requisition and receives the appropriate signatures required before sending it to Human Resources. 5.1.3 Human Resources reviews the requisition to make sure the reqblireclfdosired qualifications are appropriate for the position. If changes are necessary, Human Resources will work with the appropriate managert§IPll!imJ. 5.2.1 The recruiter re ares the internal employment opportunity bulletin, ~~l i~!~;gtltui~ and inclbldes Each employment opportblnity bbllletin will include the following information: • Wage range • Department • Brief job description • Required qualifications • Desired qualifications • Posting/closing dates • Procedure for applying • Brief benefits overview 5.2.2 The recruiter provides the draft posting to the hiring manager for approval. Page 2 of9 5.2.2 Tho rosruitor shall prepare tho internal and open employment opportunity bulletins as prossribod in tho Distrist's Human Rosoursos Polisy B50.00. 5.2.3 Internal mf~l2mnltll91lm~M postings shall remain Yf'} Q'fl]t for ten working days. 5.2.4 are provided l postings for communication within the ililirn19§lJ9fi:@.ie~ departments. 5.2.5 Bulletin boards at Plant No. 1 where Employment Opportunity Bulletins will be regularly posted are located in the Control Center, §:mg Warehouse, 61'ts'KJeltnl~Human Resources Office and in the lunsh room iR-tRe-Admini'~;a:trc;r;""i3~T1ding lufilebro<ili . ... ~~., ............ ~<-... ,~ 5.2.6 5.2. 7 Employment Opportunity bulletin boards at Plant No. 2 are located in the Operations Center, Maintenance Office, Maintenance lunchroom and Warehouse. 5.2.8 Employment Opportunity Bulletins may also be found in other convenient areas throughout both plants. 5.3.1 Advertising is done for positions at the District to assure that we san fill tho position ll§:Y!i$lQQlli9~@lll~ilfill~Q. with the best-qualified candidate for the job. 5.3.2 5.3.3 Trade magazines, the Internet and other forms of advertising may be used for hard-to-fill or specialized positions. 5.3.4 Human Resources lists positions on the District's Job Hotline. 5.4.1 Resumes or applications that are received are reviewed and selected for further consideration only if they meet the minimum job requirements. 5.4.2 The recruiter forwards copies of the resumes or applications of qualified applicants to the hiring supervisor for review. Originals remain in HR in the Recruiting files. 5.4.3 All materials (e.g., applications, resumes, interviewer notes, interview packets, packets, etc.) submitted by applicants/candidates during the interview process are confidential and are considered District property+ that is, they ~91 must be returned to Human Resources upon completion of the hiring process. Page 3 of9 5.5.1 The interview panel members are selected aAd a date is set for ~oog IUf~ the interview ~!(!!iii Applicants are scheduled, interview questions are prepared, and the interview panel conducts the actual interview. 5.5.2 The recruiter and the hiring supervisor work together to select the interview panel. However, the recruiter makes the final decision to ensure consistency. The ideal interview panel will include the hiring supervisor, one employee within the department, two individuals outside the department, and the recruiter, or another member of the Human Resources Department. Normally, RG subordinates within the hiring department are to be part of §'.9J1~1figju8111 the interview panel. 5.5.3 The recruiter and the hiring manager work together to establish a set of questions for the candidates. Ideally, there are no more than 1 O 12 questions. 5.5.4 The recruiter prepares interview packets and distributes them to the interview panel, either electronically, or via inter office mail. Packets include: resumes. • An overview of the interview process • • ployment bulletin opportunity/QQ_ilfilg • pplications • Interview questions and evaluation forms&rl~~ctlm~ialoale 5.5.5 The interview panel will meet at least one half hour before the interview. The panel will finalize the interview questions that are recommended by the hiring supervisor and the recruiter. The panel may add or delete questions. The panel will gain an understanding from the hiring supervisor about the criteria needed in 1Jtil!:~Iil9Jl~l~f~'it the ideal candidate, and adopt the appropriate criteria. 5.5.6 The recruiter facilitates the litii?,evt process. and collects the documentation at the end of the interviews. When interviews are completed, the interview panel members evaluate each candidate interviewed. The candidates are ranked in order of preference based on the criteria established at the start of the interview. The top three candidates wHl-be ~~ identified on the criteria established 5.5.7 The final candidate is selected from the top three candidates when a majority decision is reached. If a majority decision cannot be reached, the General Manager or designee will make the final determination based on the input of the hiring supervisor, the panel, and the HR representative. If a majority decision is reached, and the hiring supervisor does not agree with the final decision, he or she may appeal for a final decision from the General Manager or designee. Page 4 of9 5.6.1 • Qualifications • Years of experience • §~1~f!lQ,t11UQiQH9Ig'9!m • Salary history • Parity within the department The HR Compensation Analyst reviews the recommended salar , and approves or makes additional recommendations. 5.6.2 The recruiter prepares a status change form for the candidate and receives appropriate signatures: Department Head, Manager/Supervisor and Human Resources. 5.6.3 When the status change form is approved, the recruiter makes a verbal employment offer to the candidate, contingent upon results of a pre- employment physical, drug screening and a background investigation. 5.6.4 The recruiter schedules the pre-employment physical for the candidate, works with the supervisor to establish a potential start date, initiates the _!::lack round check and prepares a formal offer letter for the candidate. 5.6.5 When the Safety Manager ~2rm.!§19:0;~jjhas cleared the pre- employment physical results and the recruiter has cleared the background check results, the recruiter will contact the applicant to confirm the employment offer and start date. 5.6.6 The recruiter works with the hiring supervisor to establish g'.Q'Q]gl_@ltl~ the candidate's start date and then prepares regret letters for unsuooessful open candidates or contacts unsuccessful internal candidates. 6.0 EXCEPTIONS s. 1 rgJJ!Jliiilllle11J'rl@iE,l!lf!lfi-1l~BJ§fllll"fl{fliffi.'€§ 6.1.1 Employment of former employees for full-time equivalent or part-time positions shall be subject to and conducted in accordance with tRe District's policies and procedures on open recruitment !tm!l(citifili] 6.1.2 Employment of a former employee is subject to the approval of the General Manager and the Director of Human Resources. Page 5 of9 6.1.3 In all cases, approval of the General Manager and the Director of Human Resources shall be received prior to an offer of employment to a former employee. 6.1.4 The General Manager may, with the written approval of the Board Chair, employ on a part-time or as-needed basis, a former employee retired from the District when the individual possesses knowledge and expertise of unique and particular benefit to the District and when the services are required. The length of service performed in any one year shall be limited in accordance with the provisions prescribed by the Orange County Employees' Retirement System (currently 120-day maximum). 6.1.5 Part-time or as-needed service shall be compensated at the same current hourly rate of the retired employee's position classification, or if no such classification exists, at a rate not to exceed that paid for the most comparable classification. The retired employee shall not be entitled to receive any benefits otherwise payable to District employees. In the event any employment under this provision involves work assignments outside of Orange County, the current expense reimbursement policy established for regular employees will apply. 6.1.6 If any former employee commences doing business wherein the employee, his/her spouse, or members of his/her immediate family are sole proprietors, or majority or controlling shareholders or owners of a corporation, partnership or other business entity, such business shall not be retained as an independent contractor or consultant to provide service directly to the District for a period of one year after leaving District's employment. Thereafter, said business entity shall be allowed to contract with the District upon compliance with all resolutions and regulations of the District then in effect, relating to the procurement of services. 6.1.7 If any former employee becomes employed by any firm or business entity in which the former employee, his/her spouse or members of his/her immediate family own less than the majority or controlling interest in said entity, said entity shall not be prohibited from contracting with the District. However, the former employee shall not perform work on District projects for a period of one year after leaving District employment; nor shall such former employee contact District officers or employees for the purpose of attempting to influence any District decision, including but not limited to, the award of contract, issuance of permits, or compromise of administrative civil penalties, for a like period of one year. Said services shall be obtained only in accordance with all rules and procedures of the District relating to procurement. 6.1.8 Any District employee who receives an offer of employment or a request to discuss potential employment from any person or business entity performing services for the District shall report such contact to his or her immediate supervisor, who shall decide whether any change in assignment is necessary or appropriate while the offer or discussions are pending. 6.1.9 The prohibitions of this policy may be waived by the Finance, Administration and Human Resources Committee of the Boards of Directors if, on a case-by-case basis, it is determined to be in the best interests of the District to do so. Page 6 of9 6.2.1 It is the District policy that No employee, prospective employee or applicant shall be denied employment or benefits of employment solely on the basis of his or her familial relationship with an employee of the agency. 6.2.2 The District will make reasonable efforts to assign job duties to eliminate any potential for an adverse impact on supervision, safety, security or morale, or potential conflicts of interest. 6.3.1 Employees may request a lateral transfer to a vacant position in the same classification in another department providing they have demonstrated at least six months of continuous competent or above performance in their current position, and the transfer is of benefit to the District. 6.3.2 Employees who wish to be considered for a lateral transfer should notify Human Resources in writing of their intent. In the event a transfer is approved and accepted by the employee, the department from which the employee is transferring may determine the effective date based upon operational requirements and a reasonable period of time to acquire a suitable replacement. 6.3.3 Lateral transfers do not normally involve increased levels of duties and responsibilities, or otherwise qualify as promotions, and therefore do not involve salary adjustments. 6.3.4 In the event an adjustment appears warranted based on extenuating circumstances, the adjustment must have written approval from the department head prior to being extended to the employee. 7.0 PROVISIONS AND CONDITIONS 7.1 The District's Board of Directors must approve unbudgeted positions for new hires or promotions before any mli'r[~lmi open or promotional recruitment effort is initiated. 7.2 Hiring an individual into a budgeted position requires the approval of the Department Head and General Manager. 7.3 Promoting an individual into a budgeted position requires the approval of the Division Manager, Department Head or General Manager. 7.4 Notwithstanding the above provisions, The District retains the right to refuse to place a relative under the direct supervision of a District employee where such has a potential for creating an adverse impact on supervision, safety, security or morale. 7.5 l'.tltfif@1i!n:9lil!!!ili!i$lli{~'.e,ln9§!12-liifli'Qlto place relatives in the same department, division, or facility where such has a potential for creating an adverse impact on supervision, safety, security or morale, or involves potential conflicts of interest. Page 7 of9 7.6 The District will tal{e into consideration whether there have been any actual problems 'Nith supervision, safety, security or morale, in determining whether individuals who were relatives prior to the adoption of this policy pose a risk to supervision, safety, security or morale or raise a conflict of interest. The District will consider the possibility of reassignment or transfer of one of the individuals to eliminate such potential risk. 7.7.1 ersons hired by the District[~!~l]~IQ§i1Mii9nlI~I~§1!Miil'll!!i are considered to be probationa emplo ees for a period of 6 months from their date of hire. This six month probationary period is regarded as an extension of the hiring process, and provides an opportunity for both the employee and District's management to assess, over a substantial period of time, whether or not the hiring decision was appropriate and resulted in a relationship that adequately meets the needs of both the individual and the District. 7.7.2 The probationary period may be extended by mutual agreement between the District and the employee, prior to the expiration of the six month probationary period. An employee's probationary period may be extended when there is a need to further assess the individual's abilities to satisfactorily perform the duties required for their job classification. Probationary employees are net Gonsidered to be regular, full time employees until they have completed the probationary period (including any extension) and may be released by the District at any time during the probationary period ~!nll'i11n91!m~1!il!ig§[9,n)l without cause or reason. 7.7.3 A probationary employee's work performance is closely monitored during this period to ensure that the employee understands the duties, responsibilities and management expectations of the position, and to allow an opportunity for the supervisor or manager to provide proper direction and guidance. Employees who do not demonstrate the potential for meeting performance expectations for their position within a reasonable period of time may be released prior to the completion of the Probationary Period. Probationary employees shall serve at the will of the District during this period. In the event of release of a probationary employee, the employee shall not be entitled to receive any severance pay. 1 .8 iiQ,Ml7tI<-ltil7JliiBgllftl~.f:li'ffiifi£t111lif!R 7.8.1 Page 8 of9 7.9.1 7.9.2 7.9.3 Inquiries f&1!!Jl!itJll.!employees regarding jOO reference checks of former employees, or employment verification checks Q.fl!9!1'1nm present employees, shall be discussed with or referred to tAe Human Resources Department prior to any response. 8.0 RELATED DOCUMENTS 8.1 501, OCEA and SPMT memorandums of understanding (MOUs) 8.2 Policy C180.00, At-Will Policy Page 9 of9 Subject: Orange County Sanitation District Effective Date: Supersedes: Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 The purpose of this policy is to establish uniform guidelines and procedures for yaJ~~~Je,R@YJ>,t,l:!~r: thimJ.iasjgJjourb~-rca'~-~~;;:rhi~:jv~ri~-~-'~ P.~i:Jn~ . ,,,,,,,,,,, t.h •. ?.co~p?~.~~~!.<:>~.?f~·~·n e~.?TPt.WTploye~~ .. tor overtime hours worked, J(~nii!'~ e~y;~iir·fu~n~i~~mPlt!ffi'e~:gY:!~!; ~~Hn9ii~'y':omp1oyees who are temporarily, assigned to perform tho duties of a higher level classification, call-back pay, l:lSe iD}h? ~~Tponsation of District employees who perform standby mHie&]'f:i~yl 'Pr,9:YI~11l9 omp1oyoos ,:-:t~!~.!!!.~noy for meals when they are required to servo unscheduled overti~~l:~!~!~;;;use in the administration of tho District's severance pay piaRl~'1~!idifferential shift pay. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 Qy!f:!Im~tPi,vl!grfil911~.~!mli~ -@eri0!~1i21l~U District employees represented by one of the following bargaining units either the Engineering Unit, Technical Services Unit, Administrative/Clerical Unit, Operations and Maintenance and ceftaifl o-g.n~~~ffip! confidential positions. 2.2 ~£ift!9Ir~!vn~,n.§~~.~~t~.!!i:i:~v;!.t11m~:ifil~-~,i~11!n~JJ!!:Y~r~@!l~!~!Y: -this policy applies to all District employees regardless of their organizational unit. 2.3 ~~!!E~-~~K!Jp;v.i.i~(t;:·~m~,n·~~v!p~'¥~-!~.2x2i1.~~17 .;1?1?U~§. to a11 o~ili~~;J!!r?.i Pi~~!!~! employees in every t~g@r;~!~~~'9f !rl~,i,t; organizational unit except for "exempt" range employees. 2.4 §fi~'1,:l~lff~t~Hti~f.lf?:@y -applies to all 'p!~m9,! employees who are covered by an MOU that entitles them to shift differential pay. Page 1of6 3.0 DEFINITIONS Acting means performing substantially all of the duties of a vacant budgeted position with a higher maximum rate of pay. Overtime mecms •;:i:f~i!in!lffi§!~:!~! hours worked !fiJ'PJ!.i:aJl!f~!~J~ in excess of 40 during a workweek. 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 for immediate return to work. A fil!2 is an inorement on the salary guide. \A/here not provided on the salary guide, a step shall be 5.5% of the employee's ourrent salary, oaloulated to the nearest oent per ~ 4.0 POLICY 4.1.1 Non-exempt employees who qualify for overtime compensation for work ~:Y~1~~ ::=r 0~0 r;1j~~i~~~~i~~~\J&~~~~r1aa~3~~~~11l~~~ciW~heir ~:!~m~n§::1; p y ···· ··'w··ww· w.w ••. ,., ._f;L .. w ••• , .............. " ... ~--···· .. ··--- 4.2 ~g~J~9lii?i'Y Page 2 of6 .·,1.1...> ''" -"' "· ':t,'; "., 4.2.2 ~~Jinsl!~ivt~11~;1;H:~1u1~2nn~~!ll!2r11im1!!m!!m:;91!ii!'.1m~n!ti1£ 4.3 §~U!!R~g~J\RiY, 4.3.1 It is District policy to compensate employees for call-back pay in accordance with the following procedures i'!ii!~Jl~:n''.~!£i~§'5'!l~,~~. 4.4.1 An employee covered by a Memorandum of Understanding provision for standby pay who is placed on standby shall be compensated at the rate of two hundred dollars per week, and ~lH,.~J.~.~.,,~~,S;i~.;,~~1!:.~,~sk pay ifi~~~i;i:~1i~~GM.r;;~~r~~~irrk !n~~~r«••ll~!1~1n:1116.! 4.5 gg~~n~:iil~~112;v!Him';;~.m;!1!, 4.5.1 It is the District~ policy to provide employees with money for meals or food service when they are required to serve ur;issh~~ul~do~e~irne in accordance with the procedures in this policy l.i~~~lrrl'i's~~!if!nl.~l~. 4.6 §.~Y!l~n~~:lP~:v, 4.6.1 Employees are i!e!~J!~ required to give a minimum of two weeks ~riU.~D.!JS~!ifiQ,~!IQD when resig~~~!~~~ij[~~;~~i~~~i~~::l~!i.~~E~ct. 4.7.1 It is District policy to compensate employees for shift work outside iiii:5.~;~0~;~.~·s~~tfi~~ 5.0 PROCEDURE 5.1.1 When an employee's work schedule requires that they work on an observed holiday, the employee may opt to be paid at two-and-one-half times their regular rate of pay for the holiday or to be paid at one-and- one-half times their regular rate and receive an amount of Holiday Compensatory Time Off equivalent to the number of hours in the shift. Normally, employees that accumulate in excess of fifty hours of Holiday Compensatory Time Off will be scheduled to take such excess time off or be paid for tlie excess accumulated Holiday Compensatory Time Off at the convenience of the District. For good reason, the Department Head may allow Holiday Compensatory Time Off to be accumulated in excess of fifty hours. s.2 ~~!In'9liJ?~y Page 3 of6 5.2.1 Employees who are temporarily assigned by District management to perform substantially all of the duties of a higher level classification for a period of at least 100 consecutive hours will be eligible for a salary increase, for further continued service in the higher classification. 5.2.2 For service beyond 100 consecutive hours, pay shall be 5.5% higher than the employee's current rate of pay, or at the minimum of the pay range for the acting position, whichever is greater. 5.2.2.1 The higher rate of pay begins with the 101 51 hour, and continues until the assignment ends. 5.2.2.2 Requests for acting pay require the approval of the employee's Department Head and the Director of Human Resources. 5.3.1 When an employee is called back to work by the District without prior notice, and the employee has completed his or her normal work shift for that day and left the work site, or when prior notice is given by the District, but the work begins on the same day at least three hours after completion of an employee's regular shift, the employee shall receive a minimum of three hours of call-back pay. The three hours minimum, whether or not actually worked, shall be paid at the rate of one and one half times the employee's regular hourly rate. If the actual work time exceeds three hours, the employee will be compensated for that time as well, except that no employee may work for or be compensated for more than 16 hours in a 24-hour period. Employees who are called back a second time within a normal shift period are considered to be working for the duration of that shift. 5.4.1 Standby assignments shall first be made on a voluntary basis. 5.4.2 A volunteer standby list shall be established by classification and job location. 5.4.3 Standby assignments shall be made from the list of employees who are competent and experienced, in alphabetical order, on a rotating basis. 5.4.4 In the event that no one volunteers, the District shall, on a rotational basis, assign standby by job classification and work location from employees who are competent and experienced. 5.5.1 When employees are required to work overtime due to an emergency, and actually work at least five hours, or due to an unanticipated extension of their regular workday that includes a regular meal period, the employee is entitled to reimbursement for the actual cost of a meal, not to exceed $5.00 for breakfast, $7.00 for lunch or $15.00 for dinner in addition to any compensation for time worked. Receipts must be submitted to the Accounting Division for expense reimbursement. In lieu of cash reimbursement, the District may provide actual food service to the employees. Page 4 of 6 5.6.1 When a full-time regular employee is separated from employment by action of the District, except for disciplinary cause, the employee will be notified in writing through a Notice of Intent to Separate two weeks prior to the effective separation date. The notification period tor employees on unpaid leave will be reduced by the number of calendar days of such leave. In the event such notification is not given, the employee shall be entitled to severance pay in accordance with the formula set forth below: 5.6.1 .1 Full-time, non probationary, regbllar employees shall be entitled ~o:70~~~~th~~;~:!~cf~~:a?h ful~fi~R8~af;~?~~x~i' ~~~~~uoaus p y ~ > •• •.>••>•>•>.··· .. «.>>>.>·>······w"-'"·"'··Aw.w>.ww~w!Y'. P y, or as may be determined by the General Manager. 5.6.1.2 Employees in temporary !!mi!i:§Jj!!m or part-time classifications, initial probationary employees, and employees who are dismissed for cause, are not eligible for severance pay under any circumstances. 5. 7.1 Employees who are regularly assigned to work a night shift that consists of 50% or more of their hours between 6 p.m. and 6 a.m., and who actually work that shift, shall receive a shift differential of $2.50 per hour. 5.7.2 Employees hired prior to 02/-05/97 who cblrrently receive either a.m. or p.m. shift differential shall retain a $1.25 per hoblrs shift differential if they are involblntarily displaced to a day shift (12 hoblr shift) for the pmposes of converting to a e:OO a.m. to e:OO p.m. and e:OO p.m. to e:OO a.m. 12 hoblr shift stwctblre. The $1.25 shift differential shall continble blntil October 30, 1 QQQ. Thereafter, the shift differential for these employees shall be discontinbled. 5.7.3 Employees who volblntarily change shifts at any time dblring the contract period shall forfeit their eligibility for the $1.25 per hoblr shift differential. 6.0 EXCEPTIONS 6.1 ~~nr)gi;~~y -the 100-hour eligibility period may be waived at the discretion of the General Manager. 6.2 Call back pay this policy does not apply to "exempt" range employees. 6.3 Standby pay this policy does not apply to "exempt" range employees in the affected organizational blnit. 7.0 PROVISIONS AND CONDITIONS 7.1 ~jj!~~.~Y:PQY -a standby list will be developed by the Operations and Maintenance Department weekly, and it shall be posted at both the Plant No. 1 Control Center and at the Plant No. 2 Operations Center. Page 5 of6 7.2 §~~"!r!ns!]Rii -employees who are dismissed for cause will not receive a Notice of Intent to Separate under the provisions of the policy. 8.0 RELATED DOCUMENTS Page 6 of6 ,. ~ Orange County Policy Number: E90.00 Sanitation District Effective Date: December 18, 2002 Subject: INTERNET AND ELECTRONIC Supersedes: E60.00 Internet Usage and MAIL USAGE E70.00 E-mail Usage Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1. To establish policies and procedures for the use of the District's computer resources, including Internet and electronic mail ("e-mail") systems, by District Employees and to establish policies and procedures for the retention of e-mail as District records. Computer resources also include all hardware, software, and computer files. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1. This policy applies to all District employees using the District's computer resources, e-mail system, and Internet services in the performance of their job duties ("employees"), as well as to all other persons, such as employees of independent contractors (contract or temporary employees), consultants, appointed officials, authorized volunteers, special committee members, and other persons ("other users") who are authorized to use the District's computer resources in the performance of District business. 3.0 DEFINITIONS 3.1. Attachment: An application specific file, such as a Word or Excel document that is transported with an e-mail message. The recipient must have suitable software for viewing the attachment. 3.2. E-mail: A message, possibly with attachments, composed on a computer and received by a computer. A network, potentially including the Internet, is the transmission medium. 3.3. Internet: A worldwide network of computers, adhering to universal standards that are capable of exchanging data with each other. 4.0 POLICY 4.1. GENERAL INFORMATION 4.1.1 . Internet services and e-mail are unique mediums that are viewed by most users as being different from traditional written correspondence or telephone communication. One of the greatest dangers of the use of Internet services and e-mail is that they are treated far more informally than other forms of business communication. Due to the perceived impermanence of Internet communications and e-mail messages, employees and other users often use them to express sentiments and Page l of 10 l opinions they would never memorialize in traditional business writing. In drafting any Internet communication or e-mail message, employees and other users should exercise care and diligence as such communications reflect on the District and the employee's department. As such, employees and other users should always conduct themselves in a professional manner and should refrain from sending anything by way of Internet communications or e-mail messages that should not appear in an official memorandum or letter. 4.1.2. The District's computer resources are provided for the purpose of conducting District business, enhancing efficiency, and better serving the public interest. Internet services and e-mail are business communication tools that are made available to certain District employees and other users in order to enhance efficiency and effectiveness in the performance of job duties and District-related business and are to be used in accordance with state and federal laws, and this Policy. The e- mail system may not be used to solicit or persuade others for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations. 4.1.3. The District's computer resources, regardless of their physical location or the form in which they are maintained, are the exclusive property of the Orange County Sanitation District. Employees and other users are provided access to the District's computer resources as authorized by the General Manager, Department Directors and/or the Information Technology Director (IT Director). 4.1.4. Use of the District's computer resources, including Internet and e-mail communications, and Internet websites visited, should be predominantly for the accomplishment of business-related tasks and/or directly pertain to District business, administration, or practices. 4.1.5. Employees should be aware that all records, whether on paper or computerized, are subject to the mandatory public disclosure requirements of the California Public Records Act, subject to the specific exceptions provided under the Act. The information created or transmitted on any District computer resource, including Internet communications and e-mail messages, may be subject to public disclosure under the California Public Records Act or in connection with litigation. 4.1.6. Employees who are terminated or laid-off have no rights to the contents of their computer files or e-mail messages and are not allowed access to such systems. The District shall have the right to delete or retain any or all e-mail messages or computer files of a District employee who is no longer employed by the District. When an employee leaves District employment, it is the responsibility of the Department Director and the IT Director to ensure that access to the District's computer resources is terminated and all computer files are retained by the District. 4.1.7. The District prohibits sexual, racial, or other forms of harassment and the District's computer resources shall not be used for such purpose. If you are harassed or discriminated against through the use of the District's computer resources, you must report the act of harassment or discrimination to your immediate supervisor or Department Director immediately. If you feel uncomfortable doing so, or if your immediate Page 2 of 10 supervisor or Department Director is the source of the harassment, condones the problem, or ignores the problem, report the harassment to Human Resources. 4.1.8. The dissemination of derogatory, defamatory, obscene, disrespectful, sexually explicit, sexually suggestive or in any other way inappropriate Internet and/or e-mail communications is prohibited. For example, the District prohibits the display or transmission of sexually explicit images, messages, or cartoons or any transmission or use of e-mail communications that contain ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their race, national origin, color, sex, sexual orientation, age, disability, religious or political beliefs. Sending or forwarding a copy of these types of offensive communications on the District's computer system is prohibited. 4.1.9. Electronic snooping or tampering by any employee is prohibited. "Electronic snooping" is the unauthorized use of or attempt to use another employee's password without the employee's consent, or the unauthorized entry to or attempt to enter the computer files and communications of another without that person's consent, or the unauthorized entry or attempt to enter the encrypted storage of e-mail messages. 4.1.10. The District reserves the right for any reason to access, disclose or delete all messages and other electronic data sent over its electronic mail system or stored in its files. 4.2. ACCESS TO COMPUTER INFORMATION/CONFIDENTIAL/TY 4.2.1 . An employee's use of the District's computer resources, including, but not limited to, all computer files, Internet services, and e-mail, are not confidential. The District provides no assurance of privacy with respect to any employee or other user's use of any District computer resource, and the District expressly reserves the right to access or monitor, with or without notice, any employee or other user's use of the District's computer resources. 4.2.2. The District reserves the right to monitor and record individual employee and other user computer files, as well as Internet and e-mail usage, at any time as allowed by the Electronic Communications Privacy Act of 1986. No employee or other user shall have any expectation of privacy as to his/her computer files, Internet communications, or e-mail messages. The District has software and systems in place that can and will monitor and record all usage for each and every user, including, but not limited to, all internal transmissions, Internet website visits, newsgroups, e-mail messages, computer files, and file transfers into and out of the District's internal network. District representatives may access, audit, and review all activity and analyze usage patterns, and may, for whatever reason, disclose this data to ensure that the District's computer resources are devoted to maintaining the highest level of efficiency and productivity. Page 3of10 5.0 PROCEDURE 5.1. E-MAIL USAGE 5.1.1 . E-mail should always be used with the assumption that a message will be read by someone other than its intended recipient. When transmitting e-mail messages, employees and other users should consider that the message, even though "deleted," may later be disclosed to outside parties, members of the public, or in connection with litigation. Due to these concerns, employees and other users are required to maintain the highest standards of courtesy and professionalism when sending e-mail messages. 5.1.2. District employees shall have no right or expectation of privacy or confidentiality in any e-mail messages created, sent, received, deleted, or stored using the District's computer resources. Management and supervisors shall have the right to read and review any e-mail message created, sent, received, deleted, or stored of any employee at any time and for any reason. 5.1.3. Employees are expected to exercise good judgment in sending any e- mail communication, especially if such communication is deemed sensitive. All confidential communications should be in hard copy form and be filed and retained in accordance with the District's Records Retention Policy. 5.1.4. The sending of mass e-mailings on a "District-wide" basis to all employees without the prior authorization of a Department Director or the Communications Manager is prohibited. 5.1.5. Error on the side of caution. Whatever you write, assume the message is permanent. It can be printed-out and it may be retrievable. 5.1.6. Use appropriate language. Remember that as a system user, you are a representative of the Orange County Sanitation District. E-mail is a unique medium that is unlike traditional written correspondence, in that, while you may compose your e-mail transmission statement alone at your computer and that statement is intended for a single recipient, what you actually transmit can be viewed globally. 5.1.7. Transmitting a message under another employee's name or password without their permission is prohibited. Any employee who obtains a password or user identification must keep that password confidential. 5.1 .8. Employees should regularly change their individual passwords. Employees shall not share individual passwords with other individuals except for legitimate District business reasons. 5.1.9. Employees shall not use, or attempt to use, another employee's password without the employee's consent. 5.1.10. All communications should follow proper etiquette, such as: • Materials posted by District employees shall professionally represent the Orange County Sanitation District. The transmission of defamatory, obscene, offensive or harassing messages or messages Page 4 of 10 'I . '•\"-. ,"~ ... ~'·' ., ' ; '!' .. '' ~·" '·;: i -~· which disclose personal information without authorization is prohibited. • E-mail messages and electronic postings may be read by people beyond the addressee, and upon request may be produced to a court in connection with litigation and should be composed accordingly. 5.1.11. Employees should carefully consider the names on a mailing list as addressees or copies. Some employees may not want their e-mail addresses to be widely known or to receive responses to widely distributed messages . • 5.2. RETENTION OF E-MAIL 5.2.1. E-mail generates correspondence and other documentation, which may be recognized as Official District Records in need of protection/ retention in accordance with the California Public Records Act and as evidence in connection with litigation. Although the use of e-mail is primarily for official District business, the e-mail system is intended as a medium of communication. Therefore, the e-mail system should not be used for the electronic storage or maintenance of documentation, including, but not limited to, Official District Records. 5.2.2. E-mail messages sent and received, including any attachments, which can be considered an Official District Record, are to be stored in computer files or printed as a hard QQQY and filed in accordance with their Department's Filing Policy. Generally, the sender of the e-mail should be the person responsible for storing or printing and filing it accordingly. The persons responsible for a particular program or project file shall be responsible for retaining all e-mail they send or receive related to that program or project. 5.2.3. Individual employees are responsible for the management of their mailboxes and associated folders. In order to assure maximum efficiency in the operation of the e-mail system, employees are encouraged to delete e-mail messages that are not Official District Records from their in-boxes once they are no longer needed. If a hard copy of data, which constitutes an Official District Record, has been printed and filed in accordance with the District's Record Retention Policy and Schedule, the e-mail may be deleted. 5.2.4. It is the responsibility of individual employees and their Department Heads to determine if e-mail is an Official District Record which must be retained in accordance with the District's Record Retention Policy and Schedule. The District's Records Manager will assist you in making such a determination. You should keep in mind, however, that preliminary drafts, notes or interagency or intra-agency memoranda, which are not Page 5 of 10 retained by the District in the ordinary course of business, are generally not considered to be Official District Records subject to disclosure. Employees are encouraged to delete documents, which are not otherwise required to be kept by law or whose preservation is not necessary or convenient to the discharge of your duties or the conduct of the District's business. 5.2.5. A record of additions and deletions made in the course of creating a draft letter or memorandum need not be saved. 5.2.6. Periodically, the District receives requests for inspection or production of documents pursuant to the California Public Records Act, as well as demands by subpoena or court order for the production of evidence in connection with litigation. In the event of such a request, the applicable Department Head shall require all employees to make available relevant e-mail files to the extent e-mail is stored in the computer and not printed and filed. The employee having control over e-mail files, once he/she is made aware of the request, shall immediately print and transmit a hard copy of any computer files that either are or may be responsive to the request or subpoena to his/her Department Head. 5.2.7. E-mail records that are Official District Records must be kept for the minimum retention period identified in the District's Record Retention Disposition Schedule. Such e-mail records may not be destroyed except after approval of the Division Manager, the District's Records Manager and General Counsel. 5.2.8. E-mail messages are subject to the same disclosure requirements as other public records. Requests from the public for e-mail records must be honored in the same manner as for other public records. E-mail messages, which are determined to be Official District Records must be accessible and retrievable during their entire retention period and are to be maintained in a manner which permits easy and timely retrieval. 5.3. ATTORNEY-CLIENT PRIVILEGED COMMUN/CATIONS 5.3.1. Some messages sent, received or stored on the District e-mail system will constitute confidential, privileged communications between the District and its attorneys. Attorney-client communications should not be forwarded without consulting the General Manager's office and/or the General Counsel's office. 5.4. CONFIDENTIAL INFORMATION 5.4.1 . Most communication among District employees is not considered confidential. However, certain communications, such as law enforcement investigations and personnel records, may be confidential or contain confidential information. Questions about whether communications are confidential should be discussed with the employee's supervisor. 5.4.2. Employees shall exercise caution in sending confidential information on the e-mail system as compared to written memoranda, letters or phone calls, because of the ease with which such information may be retransmitted. Page 6 of 10 µ1~~~~!,'·~~~·'. I~(~/~~,,~! ~"J~'1~ ··~t -. . . .. 5.4.3. Confidential information should not be sent or forwarded to individuals or entities not authorized to receive that information and should not be sent or forwarded to other District employees not directly involved with the specific matter. 5.4.4. Care should be taken in using e-mail to ensure messages are not inadvertently sent to the wrong individual. In particular, exercise care when using distribution lists to make sure all addressees are appropriate recipients of the information. Lists are not always current and individuals using lists should take measures to ensure lists are current. 5.4.5. Employees shall not discuss confidential information outside of the workplace. 5.4.6. Confidential information should not be reproduced unnecessarily. 5.4.7. Employees shall return all tangible forms of confidential information to the District upon termination of employment or at the District's request. 5.5. INTELLECTUAL PROPERTY RIGHTS 5.5.1. It is the Orange County Sanitation District's policy to retain all copyrights and other intellectual property rights of which it is the legal owner. All copyrights and other intellectual property rights, which are created by District employees in the course and scope of their employment by the Orange County Sanitation District, are the exclusive property of the Orange County Sanitation District. 5.5. 1. 1. TRANSFER OF INFORMATION • District employees shall not post material on Internet or Intranet services or send material via e-mail, which is copyrighted by a party other than the District. • District employees shall not download copyrighted materials from these services except where permitted for research use. 5.6. COMPUTER SOFTWARE 5.6.1. VALID SOFTWARE REGISTRATION OR LICENSING 5.6.1.1. Each piece of proprietary software operating on a District computer must have valid registration (individually for stand- alone personal computers) or must be covered by users' license (if connected to a local area network). Proprietary software and associated documentation are subject to copyright laws and licensing agreements, and are not to be reproduced unless authorized under a licensing agreement. Appropriate documentation to substantiate the legitimacy of the software is necessary. Employees shall not use unauthorized software on District computer resources. • Personal Software -Installation and use of privately- owned software, including screen savers and shareware, on District computers is prohibited. Page 7 of 10 5.7. PASSWORDS • Entertainment Software -The use of entertainment software in District offices is prohibited at all times, except for training purposes, when it is authorized by the appropriate authority. 5.7.1. A confidential password does not guarantee privacy, nor does deletion mean the District cannot retrieve past communications, nor does it suggest that computer resources are the property right of the employee. Passwords and codes will help secure information, but they do not ensure privacy and security. Passwords should be changed periodically to ensure security. Users should not share their passwords with anyone else. The Information Technology Department has specific standards on password security. 5.8. INTERNET ACCESS 5.8. 1. Use of the Internet is becoming increasingly necessary for District . employees to provide effective and efficient public services. The efficient utilization of the Internet for communications and research can improve the quality, productivity, and general cost-effectiveness of the District's work force. Internet capability and employee access is provided by the District on an "as needed" basis and is a revocable privilege. 5.8.2. Internet access and use of online services are business communication tools, which are made available to certain employees and other users in order to enhance efficiency and effectiveness in the performance of job duties and District-related business and are to be used in accordance with generally accepted business practices and current laws. Use of the Internet or online services should be predominantly for the purpose of District business activities or contain information essential to District employees for the accomplishment of business-related tasks, and/or communication directly related to District business, administration, or practices. 5.8.3. The District reserves the right to monitor individual Internet access and use of online services for any purpose including, but not limited to, review, audit, and disclosure of all matters transmitted over the District's computer system or placed in its network storage. 5.8.4. Downloaded information including e-mail attachments shall be checked for virus contamination. The Information Technology Department has information available on how to scan for viruses. 5.8.5. Downloading of large data images, video and graphics should be timed so as not to impact the performance of the District network. Very large files should be downloaded after normal working hours. 5.9. ACCEPTABLE USE OF THE INTERNET 5.9. 1. Specifically acceptable uses of the Internet include: Page 8 of 10 • Communication and information exchange that is directly related to the mission, objectives, and business activities of the Orange County Sanitation District. • Communication and exchange for professional development, to maintain currency of training or education, or to discuss issues related to the employee or other user's job-related activities. • Use for advisory, standards, research, analysis, and professional society activities related to the employee or other user's work tasks or job-related duties. • Announcement of new District procedures, policies, rules, services, programs, information, or activities. • Communication with professional associations, public agencies, universities, businesses, and/or individuals associated with the facilitation of District-related business, research, and/or continuing education. 5.10. UNACCEPTABLE USE OF THE INTERNET 5.10.1. Specifically unacceptable uses of the Internet include: • Downloading any program, software, or application from the Internet or online services without prior written approval from both a Department Director and the IT Director and without scanning such applications for viruses before they are run, stored, or accessed. • Downloading or distributing pirated software or data. • Deliberately propagating any virus or any other destructive programming. • Downloading entertainment software or games. • Uploading any software licensed to the Orange County Sanitation District or data owned or licensed by the Orange County Sanitation District without the prior written authorization from both a Department Director and the IT Director. • Releasing and/or disseminating any confidential District information. • Intentionally introducing the District's computer systems to, or experimenting with, malicious computer code, such as computer worms or viruses. • Transmitting any material or information on the Internet or through the use of online services in violation of applicable copyright laws or patents. • Using any Internet access or online services that are likely to result in the loss of any recipients' work or which could cause congestion on the District's electronic network or which could otherwise interfere Page 9 of lO or disrupt the District's local area network users, services, or equipment. 6.0 EXCEPTIONS 7.0 PROVISIONS AND CONDITIONS 7.1. PENAL TIES 7.1.1. An employee who violates this policy may be subject to formal disciplinary action up to and including termination from District employment. In addition, any employee found to have violated this policy may have his/her access to computer tiles, Internet, and e-mail limited or revoked. Unlawful use of the District's computer resources, including Internet and e-mail services, may result in referral tor civil or criminal prosecution. 7.1.2. It is the responsibility of each employee to ensure that his/her conduct conforms to the requirements set forth in this policy. Employees who are unsure as to whether a contemplated activity or course of conduct constitutes a violation of this policy shall request clarification from the IT Director and/or Human Resources Director. 8.0 RELATED DOCUMENTS 8.1 . Policy 830.00, Harassment Policy 8.2. Policy F40.00, Use of District Property Page 10 of 10