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HomeMy WebLinkAboutOCSD 04-05 (REPEALED)/ RESOLUTION NO. OCSD 04-05 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. 8150.00, Recruitment, 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. C10.10, Classification and Compensation, 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 amending Policy No. C20. 10, Equity Adjustments, 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. C40. 00, Extraordinary Services Compensation for Exempt Employees in the Professional Group, set fourth in Attachment No. 4, attached hereto and incorporated herein by reference. Section 5: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by amending Policy No. C170. 00, California Wastewater Treatment Plant Operator's Grade V Certificate Pay, set fourth in Attachment No. 5, attached hereto and incorporated herein by reference. Section 6: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by amending Policy No.C190.00, Variable Non Base Pay, set fourth in Attachment No. 6, attached hereto and incorporated herein by reference. Section 7: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by amending Policy No.010.00, Leave-of-Absence With Pay, set fourth in Attachment No. 7, attached hereto and incorporated herein by reference. Section 8: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by amending Policy No.030.00, Holidays, set fourth in Attachment No. 8, attached hereto and incorporated herein by reference. Section 9: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by amending Policy No.050.00, Insurance, set fourth in Attachment No. 9, attached hereto and incorporated herein by reference. REPEALED BY OCSD 15-18 Section 10: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by amending Policy No.D110.00, Catastrophic Illness Leave Donation Program, set fourth in Attachment No. 10, attached hereto and incorporated herein by reference. Section 11: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by amending Policy No.F50.00, Problem Solving Procedure, set fourth in Attachment No. 11, attached hereto and incorporated herein by reference. Section 12: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by amending Policy No.F60.00, Grievance Procedure, set fourth in Attachment No. 12, attached hereto and incorporated herein by reference. Section 13: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by amending Policy No.F70.00, Discipline, set fourth in Attachment No. 13, attached hereto and incorporated herein by reference. Section 14: That all other terms and conditions of Resolution No. OCSD 98- 33, as previously recommended, shall remain in full force and effect. Section 15: That all future amendments to Resolution No. OCSD 98-33 be made by Resolution. PASSED AND ADOPTED at a regular meeting held February 25, 2004 . . -.. \ '~.i ~· .. ~ ; . ATTEST: r, "' ( ,~ ..,. '\ ..I ,.!) '-. ) ' Orange County Sanitation District Policy Number: 8150.00 Effective Date: Subject: Recruitment Supersedes: Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 The purpose of this policy is to establish uniform guidelines and procedures for tAe Ptiii'rii0@e1~~~J:Y.cS!fili.1~tf()r;! District's '.~Q""~~§~ recruitment activities. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all District ~'slV, departments, divisions, sections and employees. 3.0 DEFINITIONS 3.1 3.2 3.3 3.4 3.5 3.6 3.7 Document3 Recruitment is the process of attracting qualified individuals to apply for jobs that are open within the organization, whether internal or external. Internal recruitment means considering only present employees as applicants for job openings within the organization. Open recruitment means attracting applicants from outside the organization, as well as internally to apply for job openings within the organization. Probationary Period -Initial as defined in applicable MOU provisions, includes at least the first 6 months or 26 weeks of employment with the District~ beginning with the date of hire. This period is regarded as an extension of the hiring process, and provides an opportunity for both the employee and District ~Q..~~]management to assess, over a substantial period of time, whether or not the hiring decision was appropriate. Probationary Period -Promotional as defined in applicable MOU provisions, includes at least the first 6 months or 120 days of employment with the District ~te?l.~1:2. beginning with the effective date of promotion. This period is regarded as an extension of the selection process, and provides an opportunity for both the employee and 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. larob~WR {~i:..'."'<-'<'''-;"f'.A<:_;;;'&';"<'l.,A' p~ov1s10n t .. ~~R!D. . . .. ., ... , .• ,~ma,@?9~ ,, .. "-"'' === t'. erioH;;o'f :ti . 0111·was:a/:·~ r0~ rla*'t~. l?.EL-· •. ~ -·"···--~·~ .• ,,._ .. ~·-·· ~.1¥1¥""'"1!1- 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 Revised: 2/19/2004 Page 1 4.0 POLICY 4.1 It is the District's @:@.:$;~§ policy to provide nondiscriminatory, lawful and consistent guidelines and procedures to its agency recruitment processes, whether internal or open. 5.0 PROCEDURE 5.1 PERSONNEL REQUISITIONS 5.1.1 A personnel requisition is the first step for the hiring manager/supervisor to communicate staffing needs to Human Resources; however, if the recruitment requires testing (hands-on, written, essay, etc.) as part of the interview process, the testing methods must be reviewed for validity and reliability by Human Resources prior to the initiation of a personnel requisition. 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 qualifications are appropriate for the position. If changes are necessary, Human Resources will work with the appropriate manager/supervisor. 5.2 EMPLOYMENT OPPORTUNITY BULLETINS/POSTINGS 5.2.1 The recruiter prepares the employment opportunity bulletin, also known as a posting. Each posting 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. 5.2.3 Upon approval, all job postings (except Intern positions) are advertised as internal recruitments for ten business days unless authorized by the HR Director and extenuating circumstances apply. If there are at least two internal applicants and they meet the minimum qualifications for the position, those applicants will be interviewed. If an internal applicant is not selected or if there are no internal applicants, the position shall be advertised as an external recruitment. 5.2.4 Department representatives are provided with postings for communication within their designated departments. 5.2.5 Bulletin boards at Plant No. 1 where Employment Opportunity Bulletins will be regularly posted are located in the Control Center, and Warehouse, outside the Human Resources Office and in the Administration Building lunchroom. 5.2.6 Internal Job Announcement Notifications are sent via e-mail to all District~~,§:~ employees for internal and external recruitments. 5.2.7 Employment Opportunity bulletin boards at Plant No. 2 are located in the Operations Center, Maintenance Office, Maintenance lunchroom and Warehouse. Document3 Revised: 2/19/2004 Page 2 5.2.8 Employment Opportunity Bulletins may also be found in other convenient areas throughout both plants. 5.3 ADVERTISING 5.3.1 Advertising for positions at the District@:©,!e?'[~ ensures positions are filled with the best-qualified candidate for the job. 5.3.2 All positions are advertised on the Internet. Technical and hard-to-fill positions are advertised on trade specific websites. 5.3.3 Trade magazines and other forms of advertising may be used for hard-to-fill or specialized positions. 5.4 APPLICANT SCREENING 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 QistfiGt ~~ property and must be returned to Human Resources upon completion of the hiring process. 5.5 INTERVIEW PROCESS 5.5.1 The interview panel members are selected along with the interview date(s). 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, subordinates within the hiring department are not included in the interview panel. 5.5.3 The recruiter and the hiring manager work together to establish a set of questions for the candidates. 5.5.4 The recruiter prepares interview packets and distributes them to the interview panel. Packets include: • An overview of the interview process • A copy of the interview schedule • A copy of the employment bulletin opportunity/posting • Copies of candidate applications • Interview questions and evaluation forms for each candidate Document3 Revised: 2/19/2004 Page 3 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 with which to select the ideal candidate, and adopt the appropriate criteria. 5.5.6 The recruiter facilitates the interview process. When interviews are completed, the interview panel members evaluate each candidate interviewed. The top three candidates are identified and ranked in order of preference based on the criteria established prior to the interview. The recruiter collects the documentation at the end of the interview process. 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. 5.6 RECRUITMENT APPEALS PROCESS 5.6.1 Employees should bring recruitment process and decision-making issues to the attention of the Human Resources Manager as soon as possible. The manager will review the issue and provide a written response within five business days from the issue notification date. 5.6.2 If the issue is not resolved to the employee's satisfaction, the employee may file a written statement concerning the problem to the Director of Human Resources within ten business days of receipt of the manager's decision. Upon request by either party, a meeting may be held to discuss the issue and establish remedies. 5.6.3 The employee will be provided a written response from the Director of Human Resources within ten business days after their statement is received. The decision of Human Resources is final (see policy F50,00, Problem Solving Procedure and F60.00, Grievance Procedure). 5.6.4 Time limits may be extended for cause upon mutual consent of the parties. 5. 7 EMPLOYMENT OFFERS 5. 7 .1 The recruiter and hiring supervisor determine an appropriate starting salary for all candidates, except those designated as "at-will" employees, based on a Salary Offer Analysis. This analysis will include the applicant's: • Qualifications • Years of experience • Educational background • Salary history • Parity within the department 5.7.2 The HR Compensation Analyst reviews the recommended salary, and approves or makes additional recommendations. All salary offers that are either at or beyond the midµoint ~t~ of the range will require the approval of the Human Resources Director (or designee). Under no circumstances should panel members (excluding the HR representative) or any other mstFiGt ~.G..SD. employee discuss salary offers with candidates or make promises of any kind. HR staff are the only employees authorized to engage in salary discussions with job candidates. 5.7.3 The recruiter completes a status change form for the candidate and initiates the background investigation. Background investigation results are provided to the candidate by the District's ~1§ background screening firm. 5.7.4 When the status change form is approved and the backgroundlinvestigation is clear, the recruiter makes a verbal employment offer to the candidate, which is contingent upon results of a pre-employment physical and drug screening. Upon acceptance of the employment offer, the recruiter sends regret letters to Oocument3 Revised: 2/19/2004 Page 4 unsuccessful candidates. Internal candidates are contacted personally prior to receiving regret letters. 5.7.5 The recruiter schedules the pre-employment physical for the candidate, works with the supervisor to establish a potential start date and prepares a formal offer letter for the candidate. 5.7.6 When the Safety Manager (or designee) has cleared the pre-employment physical results, the recruiter will contact the applicant to confirm the employment offer. 5.7.7 The recruiter coordinates the candidate's start date. 6.0 EXCEPTIONS 6.1 EMPLOYMENT OF FORMER EMPLOYEES 6.1.1 Employment of former employees for full-time equivalent or part-time positions shall be subject to and conducted in accordance with this policy. 6.1.2 Employment of a former employee is subject to the approval of the General Manager and the Director of Human Resources. 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 @~·l?~when the individual possesses knowledge and expertise of unique and particular benefit to the District@"'(§.12 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 ~§'r.~l~ 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 Dis,Uj~!~~~· However, the former employee shall not perform work on District ~@.;S;l!l projects for a period of one year after leaving Distr!9!,,~~§)m employment; nor shall such former employee contact Qi.stfiGt .®~@;S.ID: officers or employees for the purpose of Document3 Revised: 2/19/2004 Page 5 attempting to influence any Gi-stFiGt §'.@~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 ®:@:S!Ei 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 ~~Q 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 ~:Q§iJ to do so. 6.2 EMPLOYMENT OF RELATIVES 6.2.1 Except as otherwise provided by law, 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 or a member of the Board of Directors. 6.2.2 The District ~§!2 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 LATERAL TRANSFERS 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 :@:C~~ID,. 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 7.2 7.3 Document3 The interview process for Intern positions shall be an abbreviated version of the process outlined in section 5.5 and will be administered by the appropriate division manager/supervisor and a Human Resources representative. The District's :i::t~$~~ Board of Directors must approve unbudgeted positions for new hires or promotions before any internal or open recruitment effort is initiated. Hiring an individual into a budgeted position requires the approval of the Department Head and General Manager. Revised: 2/1912004 Page 6 7.4 Promoting an individual into a budgeted position requires the approval of the Division Manager, Department Head or General Manager. 7.5 The District ~~retains the right to refuse to place a relative under the direct supervision of am, Gfstf:iGt ~(~~employee where such has a potential for creating an adverse impact on supervision, safety, security or morale. 7.6 The District ~Cb:S.ID. retains the right to refuse to place relatives in the same department, division, or facility where such has a potential for creating an adverse impact on supervision, safety, security or morale, or involves potential conflicts of interest. 7. 7 INITIAL PROBATIONARY PERIOD 7.7.1 All persons hired by the District ~:&.,SID,, except those designated as "at-will" employees, are considered to be probationary employees for a period of at least the first 26 weeks or 6 months of employment, depending upon the applicable MOU provisions, beginning with their date of hire. This probationary period is regarded as an extension of the hiring process, and provides an opportunity for both the employee and District's @.:€'.s01$ 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 ~ct~~- 7.7.2 The probationary period may be extended by mutual agreement between tAe District'.©~ and the employee, prior to the expiration of the 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 may be released by the District ~~i;,}. at any time during the probationary period (including any extension) 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. 7 .8 PROMOTIONAL PROBATIONARY PERIOD 7 .8.1 All promoted employees, except those designated as "at-will" employees, shall serve a promotional probationary period lasting at least 120 days or 6-months, depending upon the applicable MOU provisions, beginning with the effective date of promotion. This 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. 7 .9 REFERENCE CHECKS 7.9.1 Employment with the District W'~]; is contingent upon a pre-employment screening process which includes a physical examination, drug/alcohol test and background investigation. Candidates must also be able to provide documentation authorizing their legal right to work in the United States as per the Immigration Reform and Control Act of 1986. Document3 Revised: 2/1912004 Page 7 7 .9.2 The District~~ may verify information contained in the job application of a prospective employee with the prospective employee's authorization. 7.9.3 Inquiries to District ~@ls:fil employees regarding reference or employment verification checks of former or present employees, shall be discussed with or referred to Human Resources prior to any response. 8.0 RELATED DOCUMENTS 8.1 501, OCEA and SPMT memorandums of understanding (MOUs) 8.2 Human Resources Intern Program guidelines 8.3 Policy F50.00, Problem Solving Procedure 8.4 Policy F60.00, Grievance Procedure Documenl3 Revised: 2/1912004 Page 8 Orange County Sanitation District Policy Number: C10.10 Effective Date: Subject: CLASSIFICATION AND COMPENSATION Supersedes: Policy C10.00 and C20.00 Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 The purpose of this policy is to establish and maintain uniform guidelines and procedures for use in the administration of the ~afi".§~1<:i'oLlnt~!Sanitmioa District's i;07<r{S,lt>js~ classification and compensation programs. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 All District ~q§"~ employees, as specified herein. 3.0 DEFINITIONS Classifications are groups of positions, regardless of location, which are alike enough in duties and responsibilities to be called by the same descriptive title, to be given the same pay scale under similar conditions, and to require substantially the same qualifications. Salary Ranges are the range of pay rates, from minimum to maximum, set for a pay grade or class. Salary Grade is an organizational unit into which classifications of the same or similar value are grouped for compensation purposes. All classifications in a grade have the same salary range. Comparative Market are those agencies that Executive Management considers most comparable to the District~§~ in terms of function, population served, employee population, technology and equipment. Budgeted Positions are_those positions that have been formally approved during the annual budget process. Prorated Salary Adjustment is an increase in an employee's rate of pay based on performance and length of time worked during the performance review period when time worked is less than the review period. Y-Rating is the process of freezing the salary of an employee who has been reclassified to a lower paid classification until the salary range exceeds the employee's salary. 4.0 POLICY 4.1 Documenl3 It is the policy of the District ~~?~Q: to apply uniform classification and compensation standards. The District@>@§J[t§ Classification and Compensation Program provides for the establishment of a wage and benefit structure through the Meet and Confer process that allows G-istriGt PG.SQ; management and District :O:csB. employees to effectively compete in the labor market and to retain present employees through an internally Revised: 2/1912004 Page 9 consistent measure of relative job worth and personal merit. Every position is assigned to a salary grade based upon the duties and responsibilities of that position and the comparative market value of that job function. Comparisons are most generally made with organizations of similar size and engaged in similar occupational pursuits within the geographic area of potential recruitment. The salary ranges are set forth on Exhibit A. 4.2 The General Manager is authorized to employ and assign persons as needed to occupy budgeted positions and to exercise supervision over all persons in accordance with the provisions of this policy and to terminate, for cause, the employment of any regular full time employee employed under these provisions. All other employees, e.g., probationary, part-time, and limited term/temporary and contract may be terminated at the District's~~!§ sole discretion. 4.3 The General Manager is also authorized to employ Executive Management employees on an "at-will" basis. Conditions of "at-will" employment are set forth in District~~~ Policy No. C180.00. 4:4 Non-management employees are awarded merit increases based upon their performance as determined by the performance evaluation program. The specific evaluation process and tools used to determine the actual amount of merit increase are set forth in various Memoranda of Understanding (Supervisory, Professional, OCEA, 501 bargaining units) or other written procedures (Confidential bargaining unit). In addition, . . . 4.5 Employees who believe their position is not properly classified may request a classification study of their position through their direct supervisor. In addition, the District Qgl§J~ may conduct a classification study on its own initiative. 4.5.1 Classification studies can be requested by employees twice during the year, during the annual budget planning process and in November. Those reclassifications approved in the budget may be made effective any time during the new fiscal year. Classification study requests must be submitted to Human Resources no later than November@gg@.fi 151 for the November cycle. 4.5.2 Classification studies may be conducted by the District~~~]! to establish and determine job classifications as needed. 4.5.3 Classification studies may result in: 4.5.3.1 4.5.3.2 4.5.3.3 Employees being reclassified to either a lower or higher level classification. Employees being reclassified to a newly created classification. Employees remaining in the current classification. 4.5.4 All classification study findings regarding existing classifications are subject to approval by the General Manager; findings recommending the establishment of new job classifications are subject to approval by the District's OCSD's Board of Directors. 4 .6 The District shall provide an investment incentive salary to the employees within the classifications and in the amounts, as set forth in Policy C150.00. 5.0 PROCEDURE Document3 Revised: 2/19/2004 Page 10 Document3 5.1 New Employees. Employees shall be offered a salary at or near the minimum of the range unless their level of training, educational background, expertise, and/or prior earnings indicates a need for a salary greater than the minimum. The determination of an appropriate salary should also consider the relationship of the employee's proposed salary to that of other employees in the same classification and to employees supervised, if applicable. 5.1.1 Exempt and non-exempt employees shall be compensated within the salary range authorized for the classification in which they are employed and, in the case of non-exempt employees, in accordance with FLSA provisions. 5.2 Probation. Employees serve a Probationary Period of six months and receive a comprehensive performance evaluation at the end of that period. 5.2.1 5.2.2 The prorated salary adjustment will be based on the actual number of days worked from tho hire date to July 1. The effective date of the prorated salary adjustment will be the probation completion date. 5.2.3 Employees hired after July 1 are eligible for a salary adjustment the subsequent Jilly. 5.3 Reviews. An annual performance review is completed for all employees in accordance with the provisions of the performance evaluation program which is in force at the time. 5.4 5.3.2 5.3.3 Employees who are on a leave of absence during the review period will receive a prorated salary adjustment based on the actual number of days worked during the review cycle and the performance evaluation program which is in force at the time. Employees who are on leave of absences for loss than two pay periods will receive a full salary adjustment, employees who are on leave of absences more than six months during the review cycle '.viii not be eligible for any performance based salary adjustment. Promotional Increases. Employees who earn promotions to a higher pay range will normally receive an increase of at least 5.5 percent fill\~l!~B or a salary increase to the bottom of the new pay range. Revised: 2/19/2004 Page 11 5.4.1 Employees are not entitled to a probationary salary adjustment at the conclusion ~~!hc~~~~~~~oansa~f =£ai~i:i~~j;§f&iiJE~fg~4~iJi~tee~~~uha~s performance based salary adjustment is deferred until such time as probation is successfully concluded. 5.5 Y-Rating. 5.6 5.5.1 If the duties and responsibilities of a position are allocated to a lower paid classification as a result of a classification study, the salary of the employee in that position shall remain unchanged (Y-rated) according to the following table: Years of Service 0-3 years Term of Y-rate One year 4-5 years 6-10 years Two years Three years Four years 11 -20 years 20 or more years Five years 5.5.2 The Y-rate remains in effect until the salary range for the new classification equals or exceeds the employee's Y-rated salary, or until the term of the Y-rate expires. 5.5.2.1 5.5.2.2 5.5.2.3 If the Y-rate expires before the employee's salary falls within the range of the new classification, the employee shall be placed at the maximum of the new range nearest but not more than the Y-rated salary. Employees become eligible for merit increases and GGbA 'sala'~ st]ucfiJ'ireMrangeTa'ajcisfrimefflttineteases when the Y-rate is no longer in effect. An employee who requests a voluntary reduction is not entitled to a Y-rate. 6.0 EXCEPTIONS 6.1 Sections 5.1, 5.2, 5.3, 5.4, 5.5 and~ do not apply to at-will Executive Management Employees. 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS Document3 8.1 8.2 8.3 8.4 Exhibit A Fair Labor Standards Act Former Policy C10.00 and C20.00. At-will Policy C180.00. Revised: 2/19/2004 Page 12 Orange County Sanitation District Policy Number: C20.10 Effective Date: Subject: Equity Adjustments Supersedes: Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 The purpose of this policy is to establish uniform guidelines and procedures for use in the distribution and administration of equity adjustments. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 All full-time regular employees. 3.0 DEFINITIONS 4.0 3.1 Inequity -Unusual salary disparity either between an employee and the market or between two or more employees. 3.2 Peers -Employees in the same or comparable classifications performing similar or comparable job duties and responsibilities. The classifications have the same or comparable requirements for education, experience, knowledge, skills and abilities. 3.3 Competencies -The education, experience, responsibilities, knowledge, skills and abilities an employee possesses. The acquisition of new or different competencies that support the operational unit tend to broaden the scope of the job. 3.4 Market -+eR Thirteen comparable Calif:ornia utilities ~gel5Cies. 4.1 It is ~range\©ounf!,}sal;llrat[Q@ District IQ~SID:), policy to correct pay inequities, in accordance with this policy, that can not be remedied with the annual merit review program. 4.2 All District ~§9 employees may be eligible for equity adjustments. 5.0 EQUITY ADJUSTMENT CATEGORIES 5.1 External Equity Adjustment -An equity adjustment may be made to an employee's salary so that the salary corresponds to rates prevailing in the external market for an employee's job. This adjustment may be made to bring an employee's salary closer to the market rate for his or her position. 5.2 Document3 Internal Equity Adjustment -An adjustment may be made to an employee's salary so that the salary corresponds to the job's relative value to the organization. Revised: 2/1912004 Page 13 5.2.1 Relationship to Subordinates -An equity adjustment may be made to correct an inequity that exists between a supervisor and his or her subordinate(s). 5.2.2 Relationship to Peers -An equity adjustment may be made to correct an inequity that exists between an employee and his or her peer(s). The adjustment would be required to create or reduce differential between employees with significant differences in contribution levels. 5.2.3 Individual Equity Adjustment -An adjustment may be made to an employee's salary so that the salary corresponds to the employee's competency level. The adjustment may be made when an employee's level of contribution increases significantly as the result of an increase in responsibilities. 6.0 PROCEDURES 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 Document3 Equity adjustment requests are submitted as Decision Packages during the normal budget process each year. Each Decision Package must include justification for the equity adjustment request. Justification should include the employee's name; the Equity Adjustment Category; the employee(s) with whom the inequity exists, if applicable; the amount of equity adjustment required to correct the inequity; and, any other supporting information. In unusual circumstances, a request may be considered outside of the budget process. Consideration is initiated by submitting a Justification Memo, outlining the information listed in Section 6.2 of this policy, to Human Resources. Equity adjustments recommended outside of the budget process will be considered once a year in November. The equity adjustment, if approved, will be funded by the General Manager's contingency fund. Human Resources will review all equity adjustment requests to ensure compliance with the District's ~:(sJ!5'J,! Salary Structure and Compensation Policy; to provide market or peer comparative data; to provide data for comparison across departments; and, to provide information and advice as requested. If an equity adjustment has been approved, either through the budget process or outside of the budget process, Human Resources will process the equity adjustment increase by generating an Employee Status Change Form and obtaining the necessary signatures. The General Manager will sign all Employee Status Change Forms. Equity adjustment increases authorized in the budget process will be made effective at the start of the first pay period of the new fiscal year. All other adjustments will be made effective on the first day of the pay period in which the Employee Status Change Form is submitted to Payroll. There shall be no right to an equity adjustment. Such adjustments shall be made at the sole discretion of the District ~f<t,:§]~ and shall not be subject to the grievance procedure or to judicial review. Revised: 2/19/2004 Page 14 7.0 EXCEPTIONS 7.1 Employees on Performance Improvement Plans (PIP's) are not eligible for equity adjustments. 8.0 PROVISIONS AND CONDITIONS 9.0 RELATED DOCUMENTS Document3 Revised: 2/19/2004 Page 15 Orange County Sanitation District Policy Number: C40.00 Subject: EXTRAORDINARY SERVICES Supersedes: COMPENSATION FOR EXEMPT EMPLOYEES IN THE PROFESSIONAL ~ G Id! ~.~1;2 \.~ .... ~~ ROUP§ Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 The purpose of this policy is to establish uniform policies regarding extraordinary services compensation for exempt employees in the Professional ai;ld'iSlf~IN,IS!IJ Group§. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies only to employees in the Professional §'.ofil.%!1!1&.eJi\{ispq Group§. 3.0 DEFINITIONS Exempt employees are those 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 ofexecutive, administrative and professional responsibilities. 4.0 POLICY 4.1 It is the policy of the ~raff···· ·:fil:l)'fat~ Distri~ '.(~§fil to compensate employees in the Professional C1t~J?l!§2n Group§ for extraordinary services in accordance with the following procedures. 5.0 PROCEDURE 5.1 5.2 5.3 Document3 Employees in the Professional 1ahd,Si;!~r'Visoq Group~ are exempt from the overtime provisions of the Fair Labor Standards Act. However, when services are required beyond what is normally expected of a position in trus ill"§:~ group§, employees will be eligible to receive additional compensation for performance of such extraordinary service, upon approval of their Department Head or designee, as set forth in this policy. Employees in the Professional ar;JCJlSJ!l'~J';Yi$0'fi Group§ will be eligible to receive additional compensation at their regular rate of pay for performing extraordinary services of at least eight hours in a pay period. Extraordinary service is required work such as: work required by a major facilities failure; work necessary to protect public health and safety caused by an emergency declared as such by the General Manager or designee; or work which cannot be reasonably anticipated due to extraordinary circumstances. Written authorization to receive compensation for all such extraordinary service must be obtained in advance, except in the event such approval is precluded by the nature of the emergency. The authorization must be signed by the Department Head or designee, and set forth the work to be accomplished, the reason such work is required, the anticipated hours and eligibility for additional compensation. Pay;for;·eitl:~or'.Qin~rvice time"SFi:S:li Revised: 2/1912004 Page 16 ~~f"l1~~1i'!:'~~m"""~::1N'~~"",""'~""«<i"'~,'t*~""~'~"l~~-;-w0'.w·'v'·''"""\~T:'-'~:~·\~"~>"<:«~~.,,$.:tr~0'~':'.'~':"<\" .. '~~""1'.'ry~ ,!!l'C?t10:c;~ili~r1ti1~af;t~~rj§i§tua1~iJ.Y2~BJ!TI1J1_~~¢!~§Mq,i:J~l?~lm:@~R'.2){;fi~1it9:~~le,lt~ac'1i,~~:-All authorized extraordinary service time worked must be reported on an Emergency Overtime Report as well as the employee's time report. 5.4 Employees may elect to receive compensatory time off in lieu of compensation on an hour for hour basis not to exceed a maximum of 50 hours. l\ccumulated hours in excess of 50 shall be paid at the employeeos regular rate of pay. 6.0 EXCEPTIONS 6.1 Except for performing extraordinary services as defined in this policy and in their Memorandum of Understanding, Professional an<\\CllS'l!fP~iS*O'fj Group§ employees are not entitled to receive any compensation or compensatory time off for service rendered beyond their normal work schedule. 7 .0 PROVISIONS AND CONDITIONS 7.1 Unless an employee's contract indicates otherwise, the provisions of this policy shall apply only to Professional a'~u~]Q§~ Group§ employees. 8.0 RELATED DOCUMENTS 8.1 Fair Labor Standards Act, as amended. Document3 Revised: 2/19/2004 Page 17 Orange County Sanitation District Policy Number: Effective Date: C170.00 Subject: California Wastewater Supersedes: NIA Treatment Plant Operator's Grade V Certificate Pay Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 To establish uniform guidelines and procedures for California Wastewater Treatment Plant Operator's Grade V Certificate pay. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all employees in the Operations Division who have obtained a California Wastewater Treatment Plant Operator's Grade V Certificate and who perform duties involving the operation and control of wastewater through the treatment plant. 3.0 DEFINITIONS 4.0 POLICY 4.1 It is the policy of the @jlarjfgl:C~0Tfrl\'t~jfgtiS'i\r District f@J~Is.~j to compensate employees in the Operations Division who perform duties involving the operation and control of wastewater through the treatment plant for the obtainment of a California Wastewater Treatment Plant Operator's Grade V Certificate. 5.0 PROCEDURE 5.1 Employees who perform duties involving the operation and control of wastewater through the treatment plant are eligible to receive a quarter of a 5.5% step increase, or a 1.375% increase, upon obtainment of a California Wastewater Treatment Plant Operator's Grade V Certificate. 5.2 Employees who fail to maintain their Grade V Certificate will lose the Grade V Certificate pay. 6.0 EXCEPTIONS 6.1 Employees in classifications with a minimum qualification of California Wastewater Treatment Plant Operator's Grade V Certificate are not entitled to the Grade V Certificate pay. 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS Document3 Revised: 2/19/2004 Page 18 Orange County Sanitation District Policy Number: C190.00 Effective Date: Subject: Variable Non Base Pay Supersedes: Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 The purpose of this policy is to establish uniform guidelines and procedures for variable pay other than basic hourly rate. This variable pay includes: overtime pay for non- exempt employees, acting pay, call-back pay, standby pay, providing unscheduled overtime meals, severance pay and differential shift pay. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 2.2 2.3 2.4 Document3 Overtime pay for non-exempt applies to all @,i~i\YQ~:@::Q4Q'IY!$'filij~11Qn District ~~1 employees represented by the Engineering Unit, Technical Services Unit, Administrative/Clerical Unit, Operations and Maintenance and nonexempt confidential positions. Acting pay. unscheduled overtime meals and severance pay applies to all District~"".@~ employees regardless of their organizational unit. Call-back pay and standby pay applies to all non-exempt District QQ§~~ employees regardless of their organizational unit. Shift differential pay applies to all rnstFiGt Q~.§'~ employees who are covered by an MOU that entitles them to shift differential pay. Revised: 2/19/2004 Page 19 3.0 DEFINITIONS 3.1 Acting means performing substantially all of the duties of a vacant budgeted position with a higher maximum rate of pay. 3.2 Call-back pay is paid to an employee by the District~-:@;,"§] when an employee is called back to work by management without prior notice, and the employee has completed his or her normal work shift and left the plant, or when prior notice is given but the work begins on the same day at least three hours after completion of the regular shift, the employee shall receive a minimum of three hours of call-back pay. 3.3 Non-Exempt 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. 3.4 Overtime is the number of hours in paid status in excess of 40 during a workweek. 3.5 Salary Range is the approved salary minimum and approved salary maximum for each pay grade in the District's~ approved compensation structure. 3.6 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. 3.7 4.0 POLICY Document3 4.1 OVERTIME PAY FOR NON-EXEMPT EMPLOYEES 4.1.1 Non-exempt employees who qualify for overtime compensation for work beyond their normal schedule shall be paid one-and-a-half times their regular rate of pay in accordance with the procedures listed in section 5.1. 4.2 ACTING PAY 4.2.1 It is rnstriGt '.o"c'.so: policy to compensate employees, for performing substantially all of the duties of a vacant budgeted position with a higher maximum rate of pay in accordance with the procedures listed in section 5.2. 4.2.2 Acting pay status shall continue for a maximum of six months. 4.3 CALL-BACK PAY 4.4 4.3.1 It is rnstriGt @.&§']: policy to compensate employees for call-back pay in accordance with the procedure listed in section 5.3. STANDBY PAY Revised: 2/19/2004 Page 20 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 will also receive call-back pay when they are actually called to work in accordance with the procedures listed in section 5.4. 4.5 UNSCHEDULED OVERTIME MEALS 4.5.1 It is District ~;SJ~ policy to provide employees with money for meals or food service when they are required to serve unscheduled overtime in accordance with the procedure listed in section 5.5. 4.6 SEVERANCE PAY 4.6.1 Employees are expected to give a minimum of two weeks written notification when resigning from employment with the District§~~. The District~:@;~ will follow the procedures for a Notice of Intent to Separate as listed in section 5.6. 4.7 SHIFT DIFFERENTIAL PAY 4.7.1 It is District ®'QS)~ policy to compensate employees for shift work outside normal business hours at an hourly rate above their normal hourly rate in accordance with the procedures listed in section 5. 7. 5.0 PROCEDURE 5.1 OVERTIME PAY FOR NON-EXEMPT EMPLOYEES 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 the 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. 5.2 ACTING PAY 5.2.1 Employees who are temporarily assigned by QistFiGt ~:@,S]?imanagement 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 Qtilttfilg"Q §'[~!.'mi 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 st 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 CALL-BACK PAY 5.3.1 When an employee is called back to work by the District ~QS]i!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 ~~§12. but the Document3 Revised: 2/19/2004 Page 21 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 STANDBY PAY 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 Q.Gso: shall, on a rotational basis, assign standby by job classification and work location from employees who are competent and experienced. 5.5 UNSCHEDULED OVERTIME MEALS 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 applicable per diem amounts in addition to any compensation for time worked. Receipts are not required to receive the per diem amount. In lieu of cash reimbursement, the District p©,S,ID, may provide actual food service to the employees. 5.6 SEVERANCE PAY 5.6.1 When a full-time regular employee is separated from employment by action of the District Q.0~. 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 for 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, employees shall be entitled to eight hours pay for each full calendar month of continuous employment not to exceed one hundred sixty hours pay, or as may be determined by the General Manager. 5.6.1.2 Employees in limited term or part-time classifications, and employees who are dismissed for cause, are not eligible for severance pay under any circumstances. 5.7 SHIFT DIFFERENTIAL PAY 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. 6.0 EXCEPTIONS Document3 Revised: 2/1912004 Page 22 6.1 Acting pay -the 100-hour eligibility period may be waived at the discretion of the General Manager. 7.0 PROVISIONS AND CONDITIONS 7 .1 Standby pay - 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. 7.2 Severance pay-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 8.1 Overtime pay non-exempt employees -Fair Labor Standards Act Document3 Revised: 2/19/2004 Page 23 Orange County Sanitation District Policy Number: D110.00 Effective Date: October 22, 2003 February 25, 2004 Subject: Catastrophic Illness Leave Supersedes: October 22, 2003 Donation Program Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 The purpose of this policy is to establish uniform guidelines and procedures for use in the administration of the District's Catastrophic Illness Leave Donation Program. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 All District employees. 3.0 DEFINITIONS 3.1 Catastrophic Illness or Injury • Debilitating illness or injury which is expected to incapacitate the employee for an extended period of time and which creates a financial hardship due to the exhaustion of all accrued leave. • A debilitating illness or injury of a child, parent or spouse that results in the employee being required to take time away from work for an extended period to care for the family member, therefore creating a hardship due to the exhaustion of the employee's accrued leave. 4.0 POLICY 4.1 Employees may on occasion face catastrophic medical conditions involving themselves or their immediate family that results in the exhaustion of all accrued sick, vacation, personal or other paid leave. Such employees may request, or be nominated for allocations of leave time according to the District's Catastrophic Illness Leave Donation Program. 4.2 Employees may, in accordance with the provisions of the District's policy regarding the Catastrophic Illness Leave Donation Program, elect to donate accrued and unused personal leave, vacation leave or compensatory time off to an individual employee qualified and approved to receive allocations of leave time. 4.3 Leave time eligible to be donated by one employee to another include vacation, compensatory or personal leave. 5.0 PROCEDURE Document3 5.1 Requests or nominations for donated leave time are subject to the approval of the Director of Human Resources or designee, pursuant to this policy. 5.2 Requests for donated leave time are to be submitted to the Human Resources Supervisor using the form "Application for Use of Catastrophic Illness Leave Hours". This form is located on the HR intranet site. Revised: 2/19/2004 Page 24 5.3 Communicating the request to District employees for leave time donations shall be made in the following manner: 5.3.1 The employee or nominator will submit a draft e-mail to Human Resources for review informing employees of the request for leave time donations. 5.3.2 Human Resources will send the approved e-mail announcement to the employee's immediate work division, and may also send it to the department. It can later be sent to other divisions or departments if requested. 5.4 To make a leave time donation, employees should complete a "Catastrophic Illness Leave Donation Form" and submit it the form to Human Resources. This form is located on the HR intranet site. 5.5 The vacation, compensatory or personal leave time donated by an employee shall be converted to a dollar value based on the hourly rate of the donor. 5.6 At the time of allocation, those dollars shall then be converted into sick leave or personal leave at the hourly rate of the recipient of the donated leave time. 6.0 EXCEPTIONS 6.1 Employees who have not exhausted their paid leave -vacation, sick, personal and compensatory time off -at the time of request or nomination will not be considered for allocation of leave time until their paid leave time is exhausted. 6.2 Sick leave may not be donated by one employee to another. 7.0 PROVISIONS AND CONDITIONS 7.1 To be eligible to receive allocations of leave time as provided by the Catastrophic Illness Leave Donation Program, employees must have exhausted all of their paid leave, including vacation, sick, personal and compensatory time off. 7.3 Employees will be requested to provide medical documentation of a catastrophic health condition involving their child, parent or spouse, or involving the employee's own catastrophic health condition. 7.4 Donations must be made in whole hour increments, and are irrevocable. 7.4.1 Any such hours that remain at the conclusion of the leave period shall be returned to the donors on a pro-rated basis per the hourly salary of the originally donated hours. 7.4.2 8.0 RELATED DOCUMENTS Document3 8.1 8.2 Application for Use of Catastrophic Illness Leave Hours form. Catastrophic Illness Leave Donation form Revised: 2/19/2004 Page 25 Orange County Sanitation District Policy Number: D30.00 Effective Date: Subject: HOLIDAYS Supersedes: Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 The purpose of this policy is to establish uniform guidelines and procedures for holidays. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all current employees regardless of their organizational unit. 3.0 DEFINITIONS 4.0 POLICY 4.1 It is tAe ~qa@m~~:ruifi1i4S"1iinitatiO"n District's i\C!>J~:s.®';~l policy to grant employees 12 paid holidays per year in accordance with this policy. 5.0 PROCEDURE Document3 5.1 Full-time employees shall receive holiday pay if their entire scheduled work shift immediately preceding and following the holiday is in a paid payroll status. When an employee's work schedule requires that they work on an observed holiday, the employee shall be paid at the employee's regular rate of pay for the holiday or receive an equivalent amount of holiday compensatory time off, and shall also receive overtime pay at the rate of one-and-one-half times their regular hourly rate for all hours actually worked. 5.2 Holiday pay for part-time employees is based on a nine (9) hour workday. It is paid on the following prorated basis: NORMALLY SCHEDULED HOURS OF WORK PER WEEK PERCENT BENEFIT/SUBSIDY 0 -under 19 None 20-under 29 50% -(4.5) hours 30-39 75%-(6.75) hours 5.3 When a holiday occurs on an employee's regularly scheduled day off, the employee will accrue compensatory time off for those hours. In no case may an employee accumulate more than 50 hours holiday compensatory time off. 5.4 The days listed below are observed by the District~ as holidays for 2003, 2004 and 2005. 5.5 Employees who are assigned to eight, nine or ten-hour shifts, Monday through Friday, will observe the holidays listed in Schedule A. Employees who are assigned to twelve- hour shifts will observe the holidays as listed in Schedule B. SCHEDULE A HOLIDAY 2003 2004 2005 Revised: 2/19/2004 Page 26 ** New Year's Day Wednesday, January 1 Thursday, January 1 Friday, December 31 Lincoln's Birthday Wednesday, February 12 Thursday, February 12 Friday, February 11 President's Day Monday, February 17 Monday, February 16 Monday, February 21 Memorial Day Monday, May 26 Monday, May 31 Monday, May 30 Independence Day Friday, July 4 Monday, July 5 Monday, July 4 Labor Day Monday, September 1 Monday, September 6 Monday, September 5 Veteran's Day Tuesday, November 11 Thursday, November 11 Friday, November 11 Thanksgiving Day Thursday, November 27 Thursday, November 25 Thursday, November 24 Day after Thanksgiving Friday, November 28 Friday, November 26 Friday, November 25 Day before Christmas Wednesday, December 24 Thursday, December 23 Friday, December 23 Christmas Day Thursday, December 25 Friday, December 24 Monday , December 26 Floating Holiday ** ** ** SCHEDULE B HOLIDAY 2003 2004 2005 New Year's Day Wednesday, January 1 Thursday, January 1 Saturday, January 1 Lincoln's Birthday Wednesday, February 12 Thursday, February 12 Saturday, February 12 President's Day Monday, February 17 Monday, February 16 Monday, February 21 Memorial Day Monday, May 26 Monday, May 31 Monday, May 30 Independence Day Friday, July 4 Sunday, July 4 Monday, July 4 Labor Day Monday, September 1 Monday, September 6 Monday, September 5 Veteran's Day Tuesday, November 11 Thursday, November 11 Friday, November 11 Thanksgiving Day Thursday, November 27 Thursday, November 25 Thursday, November 24 Day after Thanksgiving Friday, November 28 Friday, November 23 Friday, November 25 Day before Christmas Wednesday, December 24 Friday, December 24 Saturday, December 24 Christmas Day Thursday, December 25 Saturday, December 25 Sunday , December 25 Floating Holiday ** ** ** .P.'i6~ The "Floating Holiday'' must be used within the year it is accrued. /\n employee is eligible to accrue the Floating Holiday if employed on or before December 1 51~ Every effort shall be made to grant an employee's request for a "Floating Holiday'' off providing an employee gives sufficient notice to their supervisor. It is recommended that the floating holiday be utilized by the last full pay-period in December of the year in which it is accrued however, if an employee chooses to use the floating holiday after the last full pay-period up until December 31, they may. The employee should notify payroll if they choose the latter option. 6.0 EXCEPTIONS 6.1 Document3 When an employee is on medical or pregnancy leave, holidays will be paid only during disability waiting period if employee is in a continuous paid status. All other holidays that Revised: 2/19/2004 Page 27 occur outside the waiting period will not be paid, regardless if employee is in paid status or not. 6.2 Part-time employees who work on a holiday are not eligible to receive overtime pay. 7.0 PROVISIONS AND CONDITIONS 7 .1 If a regularly scheduled holiday occurs on a Saturday, the previous Friday shall be taken off as the "holiday'' for pay purposes. If a regularly scheduled holiday occurs on a Sunday, then the following Monday shall be taken off as the "holiday'' for pay purposes. 8.0 RELATED DOCUMENTS Document3 Revised: 2/19/2004 Page 28 Orange County Sanitation District Policy Number: D50.00 Effective Date: Subject: INSURANCE Supersedes: Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 The purpose of this policy is to establish uniform guidelines and procedures for use in the ~.'~-'·'.?."''W-''°'"W • "·~""<'\(" '"'"" '';'0'"'~'fil'<''~'~-'~ ~W'>);'~»>'"('''=">~\:-"' administration of tRe ,@tamg~9~mJi~§§!2Lt@liQI1 District's(s;l@:S;IS>.ls'} insurance benefits program. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 All District Q~$-m1 employees. 3.0 DEFINITIONS 4.0 POLICY 4.1 The District~~"$) shall provide medical-health insurance coverage through both health maintenance organizations and an indemnity type group health plan, life insurance, and disability insurance for the benefit of full-time employees. 4.2 All insurance coverage shall become effective on the first day of the month following ooe full month of employment !Ji~fifJ!f£iifil~'f:ralig1Ss~;Qf111r~aat~. An open enrollment period shall be held annually in the month of June. 5.0 PLANS -PROGRAMS Document3 5.1 Medical. The District ~"'Q§'Q shall contribute 100% of employee only premiums for the medical health plans and shall contribute 80% of the employee +1 dependent and full family premiums. Any change in insurance rates shall be shared equally in same ratio as premiums are currently paid by the District@:~ and employees. Before the renewal of any District's fil~$.@l§jsponsored health insurance plan, the parties agree to meet and confer as to the plan. 5.2 5.3 5.4 5.1.1 Any change in insurance rates caused by a carrier after 11-25-96 are subject to the applicable provisions of the various Memoranda of Understanding approved by the Boards of Directors. Life. The District filG$Q provides term life insurance coverage for most employees. +he District fil~§-~ shall pay the full premium for term life insurance as established for each employee covered under a Memorandum of Understanding or as otherwise agreed upon. Short Term Disability. The District ~i?,Q shall provide a non-work related, short-term disability indemnity plan that pays up to a maximum of~ $~}),Q per week for up to 26 weeks following a fourteen calendar day waiting period. Employees may request to receive prorated sick leave, personal leave or vacation pay to supplement their short term disability payments in an amount such that the sum of both is equal to the employee's regular base pay. Long-Term Disability. The District :9:~0: offers, at the employee's expense, a non-work related, long-term disability indemnity plan that pays two-thirds of the employee's rate of pay in effect at the time of such disability, not to exceed $5,000 per month, following a 90-day waiting period of continuous disability. +he District fil:®~ provides this coverage at the District's '.9::[$~ expense after five years of employment. Revised: 2/19/2004 Page 29 5.5 Dental. The District@'~:~ provides a dental plan for regular, full-time employees and their eligible dependents at no cost for employee-only coverage and $9.00 per month for full family coverage. 5.5 Vision. The District~§'~ shall provide a vision insurance plan for regular, full-time employees and their eligible dependents. 5.6 Retiring Employees. The District '.Q,"c[$mshall pay, for employees hired prior to July 1, 1988, two and one-half months' premium for each year of continuous service of a retiring employee towards the premium costs of coverage for the employee and eligible dependents under the District's ~;s·®§ medical plan. 5.6.1 The District g~]Q shall enter into an agreement with the Orange County Employee Retirement System (OCERS) to implement the retiree medical health premium offset program established by the County of Orange wherein the cost of health premiums are offset by $1 O per month for every year of service up to a maximum of 25 years or $250 per month. 5.8 Workers Compensation Insurance. The District's ~l<il:~~~ Workers Compensation program is self-funded and administered by a third party administrator. Workers' Compensation insurance provides coverage for injuries arising out of employment with the District :@~§Q and occurring in the course of employment. 5.9 Reimbursement Account. Section 125 of the Internal Revenue Code permits employees to use pretax dollars to pay for their portion of the cost of benefits under the plan through salary redirection arrangements. The available options are summarized below. For complete information regarding Flexible Spending Accounts employees must refer to the plan booklet available in the Human Resources Department. Participation in this Program does not affect tRe District's'.@:~ contribution to the Orange County Employees Retirement System. The amount deducted shall then be repaid to the employee through tRe District's~®~ provided Reimbursement Program. 5.9.1 Group Insurance Premium. Group insurance premiums that are paid by salary redirection can be made on a pretax basis. 5.9.2 Medical Care Reimbursement Account. The purpose of this account is to provide a method through which an employee can accumulate pretax funds in a Medical Care Reimbursement Account for the purposes of reimbursing the employee for payment of health care costs not otherwise covered by the health and medical insurance. 5.9.3 Dependent Care Assistance Account. The purpose of this account is to provide a method through which an employee can accumulate pretax funds in a Dependent Care Assistance Account for the purposes of reimbursing the employee for child care expenses or day care for a disabled dependent. 6.0 EXCEPTIONS 6.1 Contract workers are not entitled to and are ineligible to join or participate in any benefit plans offered to those individuals listed on OCSD's payroll as regular employees. 7.0 PROVISIONS AND CONDITIONS 7.1 Document3 No combination of disability or sick leave pay shall result in more than an employee's regular rate of pay. Employees may not receive short-term and long-term disability Revised: 2/19/2004 Page 30 7.2 Document3 benefits at the same time. An employee who is otherwise not eligible for District ~:<i.s:l!i paid long-term disability may purchase such coverage at their own expense. In the event the District~~ adds additional optional insurance plans, the District's m~~,§ share Of the premiU!1J shall be the same as for existing plans as set forth above. In the event the District~~ changes underwriters for existing insurance plans, tAe District's ~~§Qi~ share of the premium shall be the same as for existing insurance plans as set forth above. Revised: 2/19/2004 Page 31 Orange County Sanitation District Policy Number: D110.00 Effective Date: October 22, 2003 February 25, 2004 Subject: Catastrophic Illness Leave Supersedes: October 22, 2003 Donation Program Approved by: Lisa L. Tomko 6.0 PURPOSE 1.1 The purpose of this policy is to establish uniform guidelines and procedures for use in the administration of the District's Catastrophic Illness Leave Donation Program. 7.0 ORGANIZATIONAL UNITS AFFECTED 7.1 All District employees. 8.0 DEFINITIONS 8.1 Catastrophic Illness or Injury • Debilitating illness or injury which is expected to incapacitate the employee for an extended period of time and which creates a financial hardship due to the exhaustion of all accrued leave. • A debilitating illness or injury of a child, parent or spouse that results in the employee being required to take time away from work for an extended period to care for the family member, therefore creating a hardship due to the exhaustion of the employee's accrued leave. 9.0 POLICY 4.1 Employees may on occasion face catastrophic medical conditions involving themselves or their immediate family that results in the exhaustion of all accrued sick, vacation, personal or other paid leave. Such employees may request, or be nominated for allocations of leave time according to the District's Catastrophic Illness Leave Donation Program. 4.3 Employees may, in accordance with the provisions of the District's policy regarding the Catastrophic Illness Leave Donation Program, elect to donate accrued and unused personal leave, vacation leave or compensatory time off to an individual employee qualified and approved to receive allocations of leave time. 4.4 Leave time eligible to be donated by one employee to another include vacation, compensatory or personal leave. 10.0 PROCEDURE Document3 10.1 Requests or nominations for donated leave time are subject to the approval of the Director of Human Resources or designee, pursuant to this policy. 10.2 Requests for donated leave time are to be submitted to the Human Resources Supervisor using the form "Application for Use of Catastrophic Illness Leave Hours". This form is located on the HR intranet site. Revised: 2/19/2004 Page 32 10.3 Communicating the request to District employees for leave time donations shall be made in the following manner: 10.3.1 The employee or nominator will submit a draft e-mail to Human Resources for review informing employees of the request for leave time donations. 10.3.2 Human Resources will send the approved e-mail announcement to the employee's immediate work division, and may also send it to the department. It can later be sent to other divisions or departments if requested. 10.4 To make a leave time donation, employees should complete a "Catastrophic Illness Leave Donation Form" and submit it the form to Human Resources. This form is located on the HR intranet site. 10.5 The vacation, compensatory or personal leave time donated by an employee shall be converted to a dollar value based on the hourly rate of the donor. 10.6 At the time of allocation, those dollars shall then be converted into sick leave or personal leave at the hourly rate of the recipient of the donated leave time. 6.0 EXCEPTIONS 6.1 Employees who have not exhausted their paid leave -vacation, sick, personal and compensatory time off -at the time of request or nomination will not be considered for allocation of leave time until their paid leave time is exhausted. 6.3 Sick leave may not be donated by one employee to another. 7.0 PROVISIONS AND CONDITIONS 7.1 To be eligible to receive allocations of leave time as provided by the Catastrophic Illness Leave Donation Program, employees must have exhausted all of their paid leave, including vacation, sick, personal and compensatory time off. 7.3 Employees will be requested to provide medical documentation of a catastrophic health condition involving their child, parent or spouse, or involving the employee's own catastrophic health condition. 7.5 Donations must be made in whole hour increments, and are irrevocable. 7.5.1 7.5.2 Any such hours that remain at the conclusion of the leave period shall be returned to the donors on a pro-rated basis per the hourly salary of the originally donated hours. 9.0 RELATED DOCUMENTS Document3 9.1 9.2 Application for Use of Catastrophic Illness Leave Hours form. Catastrophic Illness Leave Donation form Revised: 2/19/2004 Page 33 Orange County Sanitation District Subject: PROBLEM SOLVING PROCEDURE 1.0 PURPOSE Policy Number: FS0.00 Effective Date: Supersedes: Approved by: Lisa L. Tomko 1.1 The purpose of this policy is to establish uniform guidelines and procedures for application of the @~®mim'JY!s:amTtati<l; District's ~~ss;&J Problem Solving Procedure. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all District~@§@ employees in all organizational units and departments, unless otherwise specified. 3.0 DEFINITIONS 4.0 POLICY 4.1 It is the District's ~'M'§ policy to encourage and facilitate the resolution of employee concerns in a responsive, timely and fair manner. 5.0 PROCEDURE 5.1 Employees may bring problems to the attention of District@;®,SJg managers through the Problem-Solving Procedure. This procedure may be used to attempt to resolve issues that may not be subject to the Grievance Procedure (Policy F60.00). 5.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon as possible. The supervisor will review the situation or decision, and provide a written response within five lfill§jffi'"Et§§ days from the date they were notified of the problem. ~ If the problem is not resolved to the employee's satisfaction, the employee may file a written statement concerning the problem with the Director of Human Resources within ten o!YsT~ days of receipt of the supervisor's decision. Upon request by either party, a meeting may be held to define issues and establish the remedies sought. For Local 501 employees, the Work Issues Committee, comprised of PNO management and two union representatives and chaired by the Director of Human Resources, may be convened to cooperatively revie'N and develop recommendations for solution of work issues and problems. 5.4 The employee will be provided with a written response within ten ~:Sin~ days after tAefr ffli5'4~ statement is received. Time limits may be extended for cause upon mutual consent of the parties. The decision of Human Resources is final. 6.0 EXCEPTIONS 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS 8.1 Policy F60.00, Grievance Procedure Document3 Revised: 2/1912004 Page 34 Orange County Sanitation District Subject: GRIEVANCE PROCEDURE 1.0 PURPOSE Policy Number: F60.00 Effective Date: Supersedes: Approved by: Lisa L. Tomko 1.1 The purpose of this policy is to establish uniform guidelines and procedures for use in administration of tJ:ie §r:a%fj11gel@§:~sa~j!,itlon District's X@a~.§]11§} Grievance Procedure. 2.0 ORGANIZATIONAL UNITS AFFECTED 2.1 This policy applies to all District ~Slit employees in all organizational units and departments unless otherwise specified. 3.0 DEFINITIONS A Grievance is any complaint that management has violated a specific written policy or provision of a Memorandum of Understanding (MOU). 4.0 POLICY 4.1 It is the policy of the District ~©:§12 to allow a grievance to be brought to the attention of tJ:\e District ~f€:sfil by an individual employee or by a recognized employee organization. 5.0 PROCEDURE 5.1 Grievances brought by two or more employees, and concerning the same incident, issue, or course of conduct, or multiple grievances brought by the same employee may, upon mutual agreement of tJ:\e Q.istFiGt ~€§~and an employee organization, be consolidated for the purposes of this procedure. An employee shall have the right to be represented at all steps of the Grievance Procedure by any other employee within the bargaining group or by the representative of the recognized employee organization. Any reference to days in this article implies business days. 5.2 Step 1. An employee who has a complaint shall attempt to resolve it with tJ:le.if ifil.~~ immediate supervisor within five days of the occurrence of the event giving rise to the complaint. The supervisor shall attempt to resolve the issues surrounding the complaint, and respond to the employee within five days. 5.3 Step 2. If the grievance is not settled informally at Step 1, it may be presented in writing to the employee's Department Head or designee. This request for formal review must be presented on a form rovided by the District ithin five days of the conclusion of Step 1. ~'7 ·'·:r=m 5.3. 1 Identify the specific management act to be reviewed; 5.3.2 Specify how the employee was adversely affected; 5.3.3 List the specific provisions of the MOU that were allegedly violated, and state how they were violated; 5.3.4 Specify the remedy requested; Oocument3 Revised: 2/19/2004 Page 35 5.3.5. Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. The Department Head, or designee, shall respond in writing to the employee within 10 days after the date the grievance is received. 5.4 Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the Director of Human Resources for review and written response. The request for formal review must be presented on a form provided by the District~~ within ten days of the conclusion of Step 1 or 2, and must contain the information specified in Step 2. !71'.'"~ '' · n t'olilillilillli~tiU0mfaf@nim'nAA!Willlgfi)~tw,itmlt~jr~e.et0 s,. The Director of Human Resources, or designee, shall respond in writing to the employee within 10 days after the date the grievance is received. 5.5 Step 4. If the grievance cannot be resolved under Step 3, it may be presented to the General Manager within 10 days from the date the Step 3 finding was issued. The General Manager or designee, shall respond in writing to the employee within 15 days after the date the grievance is received. 5.5.1 Failure of a supervisor, Department Head or other management representative to respond within the prescribed time limit shall provide a basis for the employee to appeal to the next step. If a grievance is not presented or appealed to the next level within the specified time limits, it shall be considered settled on the basis of the preceding response. The Director of Human Resources may be petitioned in writing to waive the step or time requirements provided sufficient cause exists. Time limits may also be extended at any step upon mutual agreement of the parties. 5.6 ~· If the grievance cannot be resolved vvith the General Manager or designee, it may be presented to the Secretary of tho Boards of Directors for consideration by tho Boards. Appeal to the District's Boards shall be tho final stop in tho Grievance Procedure. 6.0 EXCEPTIONS 6.1 A grievance may not be brought by the District~ through this procedure. 7.0 PROVISIONS AND CONDITIONS 7 .1 General Provisions. An employee shall be given reasonable time off, with advance approval of his or her supervisor, to investigate and process a grievance. When an employee is represented by a recognized employee organization, that organization may designate one employee to investigate and process the grievance. The employee representative shall be given reasonable time off, with the advance approval of his or her supervisor, to perform this duty. Time off for investigating and processing a grievance shall be without loss of pay. Absence from work will be approved only if it does not disrupt the District's :®:@s..@l§ operations. If the time requested cannot be provided, another time will be arranged. 7.2 Discipline imposed under Policy No. F?0.00 (Discipline) is not reviewable as a grievance under this procedure. 8.0 RELATED DOCUMENTS Document3 Revised: 2/1912004 Page 36 Orange County Sanitation District Policy Number: F70.00 Effective Date: Subject: DISCIPLINE Supersedes: Approved by: Lisa L. Tomko 1.0 PURPOSE 1.1 The purpose of this policy is to establish uniform guidelines and procedures for use in the administration of fair and consistent discipline in instances where employees have exceeded the limits of acceptable behavior or performance. 2.0 ORGANIZATIONAL UNITS AFFECTED 3.0 DEFINITIONS Discipline is the occurrence of any of the following actions taken for just cause with respect to any employee: era! ~]reprimand, counseling memo, written warning ~emfrL~H~. suspension without pay, reduction in pay, demotion to a classification with a lower maximum rate of pay, or dismissal. Dismissal is the separation from DfstFict employment of a non-probationary employee Initiated by the District@:@lS.~for ~ J cause. "Termination" means dismissal, and the terms are used interchangeably throughout this policy manual. 4.0 POLICY 4.1 4.2 4.3 4.4 4.5 Document3 The District ~ifGS'.19]is committed to practicing supervisory and management practices and procedures which support effective operations in the interest of the District ~t©'.S~ and of our employees. Such procedures include the administration of fair and consistent discipline in instances where employees have exceeded the limits of acceptable behavior or performance. Employment with the District ~~;sq is voluntarily entered into, and employees have the right to resign at any time to pursue other interests. Similarly, tAe QfstriGt ~~~ has the right to concll!~C::n employment relationship for proper cause when it is believed to be in the District's ra@;Sli>,~~ best interests. The General Manager is authorized and directed to exercise supervision over all employees and to impose discipline, for just cause, upon any person employed under the provisions of this Policy for both general and serious violations. The General Manager shall establish rules and guidelines pertaining to the procedures governing such actions. The General Manager is authorized to delegate his authority herein to the Department Heads, Division Managers, Director of Human Resources and other management and supervisory employees, as the General Manager deems appropriate. Notwithstanding the foregoing, "at-will" Executive Management employees may be dismissed at any time, without notice or just cause. Notwithstanding the foregoing, Executive Management and contract employees who have signed an agreement to serve at the pleasure of the Joint Boards or General Manager are "at-will" and may be dismissed at any time, without notice or just cause. Revised: 2/1912004 Page 37 5.0 PROCEDURE 5.1 Discipline ii§'M occurs when any of the following actions are taken for just cause with respect to any employee: eral ™ reprimand, counseling memo, written warning li§illlroa'Qq, suspension without pay, reduction in pay, demotion to a classification with a lower maximum rate of pay, or dismissal. Dismissal is the termination from District~ employment, of a non-probationary employee, initiated by the District ~cg~ for~ jfil§~ cause. Employees exempt from overtime pursuant to the Fair Labor Standards Act, however, shall not be subject to suspension without pay for less than one week except for major safety violations. ~ A Notice of Intent to impose disciplinary action is not required when the disciplinary action involves aR eral ~~~·t;p:~ reprimand, Q!l written warning ~r;n·mr~J or suspension without pay for five or fewer working days. 5.3 A Notice of Intent to impose disciplinary action is required and will be given to an employee whenever the disciplinary action involves suspension without pay for more than five •norking Gays, reduction in pay, demotion to a classification with a lower maximum rate of pay or dismissal. The Notice of Intent shall be given to the affected employee either by delivery in person or by Certified Mail sent to the employee's last know address. The Notice of Intent shall indicate the date on which it was personally delivered or deposited in the mail, which shall be the date of issuance. 5.3.1 The Notice of Intent shall contain ije]f.(51ro1.V;Tfligjf'~i a description of the disciplinary action intended ~the effective date of the action, r~ the reasons for the proposed action; ,aM ~~ a copy of the charges and materials upon which the action is based,-~ ~The ~Jotice shall also provide a statement of the employee's right to respond, either ' or in writing to the · ~:m~ initially imposing the disci line, J!g.IDQ[HYJ!9!ri§.~~fg@ the person to whom any response must be directed, and the fact that such response must be received within ten business days of the date of issuance of the notice. The Notice will also advise the employee of theif ~right to representation. 5.4 Prior to the effective date of any proposed disciplinary action requiring a Notice of Intent, the employee will be given an opportunity to respond either orally or in writing to a management representative with authority to make an effective recommendation on a proposed action. After review of an employee's response, the District~~~ will notify the employee in writing of any action to be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the District~ may reduce discipline without further notice. 5.5 Dismissal shall be proceeded by at least one written warning lifil>]'in'Wa, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to: dishonesty, possession, use, sale or being under the influence or drugs or alcohol, theft or misappropriation of District's ~S@15'. property oqitCliifd§, falsification of District's ~~;30'.§ records, fighting on the job, insub~£~~tion, acts endangering people or property, or other serious misconduct. The District ~!?SJ:>. may also substitute a documented suspension, witA--ef without pay, in lieu of the written warning i'Qmfil[~ requirement herein. 5.6 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post-disciplinary hearing. The request must be submitted to the Director of Human Resources ~~ within ten business days after the date of issuance of the notice of disciplinary action. Human Resources shall schedule a post-disciplinary hearing with the General Manager or his designee. The General Manager, or his designee, may uphold the disciplinary action, which has been taken or may reduce such discipline without the issuance of further notice. The decision of the General Manager or his designee shall be final. Oocumen\3 Revised: 211912004 Page 38 5.7 The above procedure, including the right to post disciplinary hearing, shall apply to the discipline and dismissal of Executive Management employees, who have not signed an at will employment agreement and who are not governed by a memorandum of understanding. 5.8 The District~~~~ may place an employee on administrative leave without prior notice in order to review or investigate allegations of conduct which, in the District's~ view, would warrant relieving the employee immediately from all work duties. If, upon conclusion of the investigation, neither suspension without pay nor dismissal is determined by the District ~~to be appropriate, the employee shall be paid for the leave. Although an administrative leave may exceed fifteen business days, if a suspension without pay is determined to be the appropriate discipline, a maximum of fifteen business days of the administrative leave period may be applied to such suspension without pay. 6.0 EXCEPTIONS 7.0 PROVISIONS AND CONDITIONS 8.0 RELATED DOCUMENTS 8.1 Policy 8100.00 Employee Separation. Document3 Revised: 2/1912004 Page 39