CVWD 2007_ACVWDM_MOU

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RESOLUTION OF THE BOARD OFDIRECTORS OFCOACHELLA VALLEY WATER DISTRICTRESOLUTION NO. 2007-162

BE IT RES OLV ED by the Board of Directors of the Coachella Valley Water D istrictassembled in regular meeting this 26thday of June, 2007, that it hereby approves theMem orandum of Understanding between the District and the Association of Coachella ValleyWater District Managers, July 1,2 00 7 to June 30,2 01 0, attached hereto marked Exhibit A;and

BE IT FU RTH ER RESOLVE D that the existing benefits and conditions of em ploymentshall remain in effect, except as specifically modified in the M emorandum of Understanding.

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EXHIBIT "A''

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MEMORANDUM OF UNDERSTANDING "

COACHELLA VALLEY WATER DISTRICTAND

ASSOCIATION of COACHELLA VALLEY WATERDISTRl CT MANAGERSJuly 1 ,2007 To June 30,2010


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TABLE OF CONTENTS1. Term of Memorandum Page 42. Salary Adjustments Page 4 I3. Retirement Page 54. Health Care Program Page 5Page 5Page 54.1 HMO Option4.2 PPO Option4.3 Prescription Drugs Page 64.4 Supplemental Medical Benefit Page 74.5 Opt out Provision Page 74.6 IRS 125 Plan Page 74.7 Dental and Vision Plan Page 84.8 Life Insurance Page 85. Voluntary Benefits Page 8

6.7.8.9.I O .11.12.13.14.15.16.17.18.19.20.

5.1 Deferred Compensation Page 85.2 Supplemental Life Page 8 I5.3 Short Term Disability Page 85.4 Long Term Care Page 8Sick Leave I Page 9 IEmergency Health Fund Page 9 IRetirement Hospitalization Page I OEducational Reimbursement Page 119.IContinuing Education Page 129.2 Ethics Training Page 12License and Certifications Page 12Work Hours Page 12Working Out of Classification Page 12Flextime Schedule Page 13Paydays and Hourly Rate Calculation Page 13Salary Step Placement Page 13Merit Increases Page 13Personnel Action Forms (PAF) Page 13Holiday Pay Page 13Longevity Pay Page 14Holidays Page 1421. ? Vacations Page 1522. Employee Leaves Page 1622.1 Approval of Leave Page 1622.2 Bereavement Leave Page 1722.3 Family Illness Page 1722.4 IndustrialAccident Leave Page 1722.5 Pregnancy Disability Leave Page 1822.6 Family Medical Leave ActKalifornia Family Rights Act-Page 1822.7 Leave Without Pay Page 2022.8 Service Date Page 2022.9 Military Leave Page 2022.10 Retraining and Study Leave Page 2122.11 Jury DutyNVitness Leave Page 2122.12 Minuteperson Leave Page 2122.13 Disability Leave

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22.14 Family School Leave Page 22I 22.15 Domestic Violence Leave Pagea22

3 Page 23Page 2323. Probation and Regular Employee24. ' Transfers Page 2326. I Grievance Procedures Page2427. Discipline and Dismissal Page 2528. Rules of Conduct Page 2729. Termination of Employment Page 2830. Personnel Files Page2931. Vehicle Control Page2932. Community Assistance Page 3033. Reduction in Force Page 30 'I34. Contracting Out ' Page 3135. Prohibitionof Job Action Page 3236. Existing Benefits Page 3237. Parking Page 3238. Recognition Rights Page3239. Bulletin Boards Page 3240. ACVVVDM Material Page 3241. Negotiations Page 3342. District's Rights Page 3343. LabodManagement Committee Page 33

25. , Internal Transfers, Promotions and Recruitment '

POLICIESInternet Policy Page 35Harassment Prevention Page 36Substance Abuse Page 38Travel Reimbursement Page43Cell Phone Policy Page46Workplace Violence Page47

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MEMORANDUM OF UNDERSTANDING BETWEEN THE COACHELLA VALLEYWATER DISTRICT AND ASSOCIATION OF COACHELLA VALLEY WATERDISTRICT MANAGERSThe Coachella Valley Water District (the District) recognizes Association of Coachella ValleyWater District Managers (ACVWDM) as the exclusive employee representativefor employees inthe management unit of the District.Agreed upon negotiated items in this Memorandum of Understanding (MOU) have beenaccepted, subject to the approval of the membership of ACVVVDM and the Coachella ValleyWater District Board of'Directors. There were no changes to the Employer Employee RelationsOrdinance#1270.Agreed upon items will be reflected in the Employee Handbook, and the District Ordinance#I320. District Ordinance#I320 will be the governing document.I.TERMOFMEMORANDUMThe provisions of this memorandum shall become effective after ratification by the ACVVVDMmembership of the District and the approval by the Board of Directors of the District through June30, 2010. Specific sections designate effective dates subsequent to the effective date of thismemorandum.2. SALARY ADUSTMENTS

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Effective the first pay period after the date of contract ratification (July 2007) anincrease in the pay schedule of three and one half (3.5%) percent.Effective the beginning of the first pay period in July 2008, the District will increasethe salary schedule by the annual increase in the Los Angeles, Riverside, OrangeCounty Consumer Price Index from April to April with a minimum of two and onehalf (2.5%) percent and a maximum of four and one half (4.5%) percent.Effective the beginning of the first pay period in July 2009, the District will increasethe salary schedule by the annual increase in the Los Angeles, Riverside, OrangeCounty Consumer Price Index from April to April with a minimum of two and onehalf (2.5%) percent and a maximumof four and one half (4.5%) percent.

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3. RETIREMENTThe District will contract with CalPERS to amend the contract for the 2.5%@55 retirement plan.The District will pay the full cost with an approximate effective date of January 1, 2008. Effectivethe first pay period in July 2007, the 12.5% cap will be removed and employees will not berequired to contribute to PERS 2%@55. The District will pay the full employer and employeecontributions.The District will contract with CalPERS to amend the contract to include the ability for theemployees to purchase Military Service Credit at their own expense to be in effect approximatelyJanuary 2008.The District will contract with CALPERS the Pre-Retirement Optional Settlement2 Death Benefi

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4. HEALTH CARE PROGRAMThe current Health Care Program now in effect will remain in effect through December 31, 2007.Open enrollment period for the term of this contract will be during the third and fourth week inOctober of each year.Effective January 1, 2008, The District will provide three (3) medical plan options (2 HMOPlansand 1 PPO Plan) for the term of the Memorandum to all eligible employees and their dependentsEligibility for these benefits is contingent on the completion of thirty (30) days of continuousemployment. Domestic Partner Registered with the State of California will be eligible for medicaldental and vision coverage.

4.1 HMOOption: IEffective January 1, 2008, The District agrees to provide two health maintenanceorganization (HMOs) plans for the duration of this contract. The proposed plansare Kaiser Permanente Plan and Blue Shield or their equivalents to all employeesand their eligible dependents, including domestic partners. Employees will be offered achance to choose a plan when eligible for benefits, during open enrollment or after aqualified change in status. The District will agree to pay the total cost for coverage for theduration of the contract as long as it does not exceed the following composite rate*threshold of $875 per employee per month for the duration of the contract.* Composite Rate for HMO for 2007 is $750 per employee.4.2 PPOOption:The District agrees to provide a self insured Preferred Provider Organization (PPO) plan tall eligible employees and their dependents. The plan will be administered by Blue Shieldof California. The District will agree to pay the total cost of the plan as long as it does notexceed the rates set forth by the HMO option.PPO Summary of Benefits Changes Effective January 1,2008Outpatient Office visit co-payment will be increased to nty-five ($25.00) dollars per visi

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4.3 Prescription Drugs:There will be a self insured prescription drug program that will be administered by aPharmacy Benefits Manager (PBM). The level of coverage will be determined by the PBMand they will determine the best method for dispensing appropriate medication in 'accordance with FDA guidelinesMedication dispensed at the retail level will be dispensed for up to a 30 day supply.Medication dispensed for greater than 30 days up to 90 days can be dispensed through amail order pharmacy option.The co-payment for a 30 day supply for retail prescriptions will be:

I Eight ($8.00) dollars for GenericTwenty ($20.00) dollars for Brand formularyThirty ($30.00) dollars Brand non-formularyFifty ( $50.00) dollars Specialty Medication.

The co-payments for a 90 day supply for mail order prescriptions will be:Eight ($8.00) dollars for GenericForty($40.00)dollars for Brand formularySixty ($60.00) dollars Brand non-formularyOne hundred( $1 00.00) dollars Specialty Medication.

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The maximum out of pocket limits will be increased to $2,500per person/$5,000 per familwhen using a preferred provider and $5,000per person/$l0,000 per family when using anon preferred provider.All other benefits covered under the current PPO plan will remain in effect for the durationof the contract.Eligible employees upon retirement will be offered only the PPO plan. Thespouse/domestic partner coverage will be available when an employee has ten (10) yearsof service with the District. The district will pay the total cost of the employees share andthe retiree will be offered the option to pay the additional cost of coverage theirspouse/domestic partner. Employees with twenty-five (25) years of service will be offeredspouse/domestic partner coverage at no cost.


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, 1 4.4 SUPPLEMENTAL MEDICAL BENEFIT:The supplemental medical retirement benefit is offered to the management employeesResolution 2005-266 including not less than 12 years of service, obtained the age of 65,entitled to Medicare PartA, B and D coverage and purchase such coverage. The districtwill agree to reimburse the employee for the cost of this benefit. The district will offer asupplemental medical prescription drug coverage through an approved insurance carrier.If the policy is not available for what ever reason or the employee elects to purchasecoverage from a different carrier, the reimbursement for supplemental coverage will belimited to the cost Blue Cross supplemental plan for both medical and preseription drugcoverage.

I 'lover the age of 65 provided they comply with all terms and conditions set forth in

4.5 OPT OUT PROVISIONThe District will allow each employee to opt out of the District health care program if theyare covered by another health plan. Employees who wish to opt out must provide theDistrict with evidence of coverage acceptable to the District's Risk ManagementDepartment during the open enrollment period or when they have a qualified change instatus to include, marriage, divorce or death. If the evidence of coverage provided toDistrict is acceptable, the employee will be paidtwo hundred fifty ($250.00) dollars for theactual cost of the premium per month for the entire enrollment year.

' . 4.6 IRS 125 PLANThe District will offer IRS 125 plan at no cost to the employee. The 125 plan is namedafter the Internal Revenue code (IRS) 125 which governs all cafeteria plans. The planprovides each participant with an opportunity to pay for medical, dental, vision premiumson a pre-tax basis. They may also participate in the pre-tax medical and dependent carereimbursement plan. The District will provide each employee an opportunity to participatein the plan once a year. Mid year participation is only available to new employees or thoseemployees who have a qualified change in status. The maximum amount that you cancontribute per year is based on IRS code for cafeteria 125 plans. The plan year begins onJanuary 1 thru March 15 of the following year.Any money left in the plan at the end of the plan year becomes the property of the Districtand will not be returned to the pan participant.If any of the plans are held invalid or unenforceable by the IRS, its invalidity orunenforceability shall not effect any other provisions of the Plan and the Plan shall beconstrued and enforced as if such provision had not been included herein. If the entireplan is held invalid or unenforceable by the IRS, it shall not invalidate this MOU.

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4.7 DENTAL and VISION PLANThe District will offer a Dental plan. The Dental plan will be ACWA Dental Plan A or anequivalent provider. The District will agree to pay the total cost for coverage for theduration of the contract as long as it does not exceed the following composite rate*threshold of $82.00 per employee per month for the duration of the contract.

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The District will offer a Vision plan. The vision plan provider will be Medical Eye Servicesor an equivalent provider. The plan will provide yearly examinations, frames and lens. ThDistrict will agree to pay the total cost for coverage for the duration of the contract as longas it does not exceed the following composite rate* threshold of $18.50 per employee permonth for the duration of the contract.4.8 LIFE INSURANCEThe District will provide all District employees with life insurance coverage of one and halftimes (1 %) times salary with a minimum benefit of fifty thousand ($50,000) dollars to amaximum benefit of three hundred fifty thousand ($350,000.00) dollars. IEmployees covered by nondiscriminatory employer-provided group life plans are taxed onthe face amounts exceeding fifty thousand ($50,000) dollars. The taxable amount iscalculated using five-year age bracketed rates stipulated in regulations and referred to astable I rates.

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5. VOLUNTARY BENEFITS5.1 DEFERRED COMPENSATION

A. 457 PLAN: The District provides the employees with an opportunity toparticipate in a 457 deferred compensation supplemental retirementplan. This benefit is in addition to the PERS retirement plan.

B. 401(a) PLAN: The District will provide a 401 (a) plan to the employeeseffective January 1, 2008. There will then be a thirty day openenrollment period during which the employee must decide whetheror not to participate in the plan.a 5.2. SUPPLEMENTAL LIFE BENEFITS

All District Employees will have the ability to purchase additional life insurance coverageanytime during the year.5.3. SHORT TERM DISABILITYAll District employees will have the ability to purchase additional short term disabilityinsurance anytime during the year.5.4. LONG TERM CARELong Term Care coverage is available to employees and their families for anadditional cost anytime during the year.


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6. SICKLEAVEI

Officers and regular employees of the District shall be granted sick leave credits at the rate of on(I)working day for each full month of service but which shall not be available for use during theabsenke without pay.first six (6) months of service. Sick leave'shall not accrue during any thirty (30) calendar dayThe General Manager shall authorize department heads to approve sick leave applications thatdo not exceed three (3) days or if longer periods; having doctor's verification. If more than three(3) days and no doctor's verification is secured, a written statement by the employee acceptableto the General Manager is required. Unauthorized sick leave shall be subtracted from vacationleave of record.Sick leave may be advanced to an employee at the discretion of the General Manager, when allother sick leavee of record have been used. Upon termination a salary reduction shall be madecovering the monetary value of any leave so advanced and still owing.

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Unused sick leave credits shall be accumulated from year to year to a maximum of three hundresixty (360) hours in a Sick Leave Fund to be used by the employee as needed for approved sickleave.Sick leave credits over three hundred sixty (360) hours shall accrue to an Emergency HealthFund. Existing accrued Emergency Health Fund as of July 2, 1988, shall be treated under theexisting six hundred (600) hour Emergency Health Fund.Upon the death of an employee, all sick leave of record will be paid to the estate at the rate of100%.7. EMERGENCY HEALTH FUND IEmergency Health Fund shall be reduced in the following order:

I1. On the employment anniversary each year to restore sick

leave fund to three hundred sixty (360) hours automatically.2. Emergency Health Fund Conversion.3. Secondary Emergency Health Fund Conversion.

Emergency Health Fund Conversion.months, as determined as of the first pay period ending prior to December 1of each year shall bdistributed as follows:

The amount of unused sick leave credits granted in the preceding twelve (12)

1. One-half (1/2) accrued to Emergency Health Fund.2. One-half (1/2) at the employee option:

A. As pay at the employee's current rate.B. As vacation leave.C. Accrue to emergency health fund.D. Contribution to Deferred Compensation.

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1. Except as provide below, the maximum amount of unused hours of EmergencyHealth Fund as of the first pay period ending prior to December shall be threehundred (300) hours.2. The amount in excess of the above maximum hours will be distributed as pay atthe employees then current rate or as vacation leave, or deferred compensation atthe employees option, except:

A. Those employees who have decided to let the hours accumulate untilretirement may exceed the limit.B. Or as provided for in paragraph4.

3. The decision for accumulating the Emergency Health Fund until retirementbeyond three hundred (300) hours shall no longer exist for employees who did notreach the three hundred (300) hours as of June 29,1991.4. Employees with over three hundred (300) hours in the Emergency Health Fundas of June 29, 1991, who elect to accumulate up to six hundred (600) EmergencyHealth Fund hours until retirement shall, after restoring sick leave per the DistrictOrdinance annually have the number of hours exceeding this amount, as of the firstpay period ending prior to December 1, distributed to them as pay at their thencurrent rate or as vacation hours, or fifty (50%) percent as pay and fifty (50%)percent as vacation, or Deferred Compensation at the employees option. Vacationto be used as per District Ordinance.

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8. RETIREMENT HOSPITALIZATIONA. Upon retirement from the District an employees unused sick leave and Emergency HealthFund of record shall be covered as follows:Up to 480 hours of accrued sick leave and emergency health fund combined shall be paid to theemployee at the rate of 100%. All accrued sick leave and emergency health fund beyond the 480hours will be paid at 50% of cash value.B. Employees who signed the Excess Sick Leave Determination agreement may choose tokeep that agreement or choose the above method at the time of retirement.The following wording will remain for those who choose the Excess Sick Leave Determinati,on:

1. If unused sick leave and Emergency Health Fund of record at retirement is zero(0) to three hundred sixty (360) hours, retirement hospitalization account shall becredited with one-half (%) of the total hours and cash reimbursement at retirementshall be paid at one-half (1/2) of the total hours of record at the time of retirement.2. If unused sick leave and Emergency Health Fund of record is three hundredsixty (360) to six hundred sixty (660) hours at retirement, retirement hospitalizationaccount shall be credited with one hundred eighty (180) hours and cashreimbursement at retirement shall be paid for one hundred eighty (180) hours plusthe number of hours in excess of three hundred sixty (360) hours.3. If unused sick leave and Emergency Health Fund of record is six hundred sixty(660) to nine hundred sixty (960) hours at retirement, retirement hospitalizationaccount shall be credited with one hundred eighty (180) hours plus the number ofhours in excess of six hundred sixty (660) hours and cash reimbursement atshall be paid for four hundred

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4. If unused sick leave and Emergency Health Fund of record is over nine hundre, sixty (960) hours at retirement, retirement hospitalization account shall be creditedwith one-half of total hours and cash reimbursement at retirement shall be paid ofI one-half (1/2) of the total hours of record at the time of retirement.I

1 ,111C. All other rights to sick leave and emergency health fund shall be canceled if an employeeresigns or is terminated.D. The following wording pertains to employees who retired before July 1,2004 or kept theirExcess Sick Leave Determination:Cash reimbursement shall be by check at the employees hourly rate upon retirement from theDistrict. Upon request of the retired employee and after verification of hospitalization in an acutecare hospital, skilled nursing care facility or medical rehabilitation facility, the employee shall bepaid, from the hospitalizationfund, a days pay for each day confined to a hospital. A days payshall be an eight (8) hour day at the hourly rate at the time of retirement. All disbursements fromthe hospitalization fund must have approval from the General Manager. Retirementhospitalization is to be retained for the lifetime of the retired employee or until diminished by useSkilled nursina care facilitv is a licensed medical facility with a twenty four (24) hour on-calldoctor. Must have a licensed vocational nurse and a Registered Nurse on staff.Rehabilitation facility- must be doctor certified and may be a SNCF where an individual receiveinpatient medical treatment for rehabilitation from an illness or injury and is for a short duration.Prior hospitalization is not needed. A convalescent facility is not a rehabilitation facility.Retirees may also use this fund toward premium participation if applicable. I9. EDUCATIONAL REIMBURSEMENTThe District will increase the educational reimbursement amount to one thousand ($1000) dollarfor lower division college level classes including approved home study courses. The District willincrease the educational reimbursement to two thousand ($2000) dollars for upper divisionclasses (3rdand4thyear) college or graduate level classes of approved, job related degreeprograms and job related college level certificate programs effective for classes beginning afterthe effective date of the MOU.APPROVED STUDY COURSES

1. Passing grade of C:or better or pass designation must be received to beeligible for reimbursement.2. Reimbursement will be for tuition, registration and books when accompanied byproper receipts and documents.3. The Human Resources and General Manager must approve courses prior toenrollment.4. Reimbursement will be for the fiscal year of course completion.

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9.1 CONTINUING EDUCATIONA C W D M employees will be provided with paid time to attend Continuing EducationCourses (CEC) to obtain contact hours to satisfy the requirements for certifications underthe following conditions:A. The certification/license is required by the employees current job description,B. The certificationAicense requires a specific number of contact hours for renewal.C. The employee doesnt already have the required amount of contact hours/CEUs,D. The employee has not attended the same CEC, program or training event within thlast 11months,E. The employee has completed the travel authorization request form (CWD-140)and been approved by the General Manager. IA list of approved certificates along with CEC requirements will be maintained by theHuman Resourqes department. IEmployees wanting to attend CECs for certification outside the requirements of theircurrent job description may apply for assistance under the educational reimbursementprogram.9.2 ETHICS TRAININGAll members of ACWDM will be required to attend bi-annual ethics training at theexpense of the District.

I O . LICENSE AND CERTIFICATIONSThe District will reimburse employees for any license or certification fee that is required by theDistrict including any renewals. This does not include Class C drivers licenses.11. WORK HOURSGeneral office work hours of the district shall be from 8:OO a.m. to 500 p.m., Monday throughFriday, except holidays, or as established by the General Manager.12. WORKING OUT OF CLASSIFICATIONA District employee may be assigned to work in another classification for up to three hundredsixty (360) hours in that classification during any twelve (12) month period without specialcompensation. An employee who believes he or she has been assigned duties beyond threehundred sixty (360) hours in accordance with this policy may either request an informal review bythe Human Resources Director or file a grievance.Duties of the higher class would have to be performed at least one third (1/3)of the regular day(2.66 hours) to have eight (8) hours counted toward the three hundred sixty (360) hours.Calculations will be on a revolving twelve (12) months.C W D q ACWDM 1 1


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13. FLEXTIME SCHEDULETemporary adjustments in work schedules for up to ninety (90) days may be allowed for theconvenience of the employee if requested by the employee and approved by the departmenthead and General Manager.14. PAYDAYS AND HOURLY RATE CALCULATION

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Salary payments will be made on a biweekly basis. The payday for each biweekly pay period wbe on the fourth regular working day following the end of the pay period.The hourly rate shall be determined by dividing the annual rate by two thousand eighty (2080)hours. The annual rate is the sum of twelve times the monthly salary plus twelve,,times themonthly longevity amount.BI-weeklv Dav Deriod shall be defined as beginning on a Saturday and ending at the close of thesecond Friday following.15. SALARY STEP PLACEMENTWhile vacancies shall ordinarily be filled by recruitment at Step 1of the established salary rangethe General Manager may recruit at higher steps.16. MERIT INCREASESManagement employees have the ability to receive merit increases. These increases should nobe considered automatic and shall be earned based on meeting or exceeding establishedperformance expectations that will include accountability, leadership, resources management,and contribution to organizational goals.Merit increases may be given prior to the annual evaluation, where a management employee haexhibited exceptional and outstanding performance.

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,17. PERSONNEL ACTION FORMS (PAF)The District will mail copies of Personnel Action Forms (PAF) to the employees by first class maThis will include all PAF's except those regarding cost -of-living adjustments that are given to alemployees. These will be distributed by means selected by the District.18. HOLIDAY PAYEmployees shall be paid their regular rate of pay for District observed holidays.

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I S . LONGEVITY PAYEmployees of the District shall be granted a one hundred ($100.00) dollar per month increasewhen said employee has completed their 7th anniversary and each 5th anniversary of continuowservice (beginning of 8th, 13th, 18th, 23rd, 28th, 33rd, etc.,) thereafter, effective the first (1st) dayof the pay period following each longevity anniversary.Broken service may be converted to longevity ststus by:

A. Repaying all retirement funds in accordance with PERS regulations, andB. Establishing a five (5) year continuous service record following re-instatement. Upocompletion of both "A" and "B." longevity pay will be initiated in accordance withthese conditions and with service credit equal to the established total service earnewith CVVVD.I

20. HOLIDAYS I1. Holidav Leave I IAs far as practicable, employees of the District will not be required to serve on thefollowing holidays:

New Years Day, January 1''Memorial Day, May, last MondayIndependence Day, July 4thLabor Day, September, 1st MondayVeteran's Day, November 1IthThanksgiving Day, November, 4th ThursdayFriday after Thanksgiving Day

k Christmas Day, December 25thThe second half of an employee's regular workday on December 24th, annually isdeclared a holiday when it falls on Monday, Tuesday, Wednesday or Thursday.When any of the above holidays occur on a Sunday, the following Monday shall beobserved in lieu thereof and when they occur on a Saturday, the Friday preceding shall bobserved in lieu thereof.Each regular employee in service prior to the legal holiday, and in a pay status on the firsworking day prior to, and the first working day after each legal holiday shall be paid asthough they had served on the holiday; earned vacation, floating holiday, industrialaccident or sick leave shall be considered as service for this purpose. When the last day service, prior to termination of an employee's appointment, is a day immediately prior tothe legal holiday, that employee shall not be entitled to payment for the holiday.

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Floating HolidavsEmployees of the District shall have five (5) floating holidays per year, which shall beavailable as follows:

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i \ h l Two (2) floating holidays on July 1Three (3) floating holidays on January 1

However, if an employee leaves the District for any reason other than retirement within theninety (90) days following the granting of the floating holidays, one (1) day's pay shall bededucted from the employee's final pay.No more than forty (40) hours of floating holiday may be accrued. )INew employees shall not be eligible to take floating holidays until after ninety (90) days ofservice.The increments of usage shall be the same as for vacation leave use except that anyemployee may use this time in case of emergencies without the three (3) day advancenotices.Employees may request the following days as floating holidays:

Martin Luther King's BirthdayLincoln's BirthdayWashington's Birthday

IEmployee's BirthdayPresidents Day

These days, if requested, will be granted providing it would not create a problem for theDistrict in the opinion of the General Manager. Any denial of a written request for a floatinholiday off, submitted at least ten ( I O ) calendar days in advance, shall be inwriting.Executive LeaveACWDM employees shall be granted five days of executive leave each July 1 to be useon an annual basis. This leave will not be accrued from one year to the next and anyremaining leave at the end of the pay period before the next years is granted, will be lost.This leave will not be paid out upon termination or retirement.

21. VACATIONSA.employee and increase contact with family by providing a rest from the employee's workenvironment.notice from employee to supervisor. Should extenuating circumstances arise, the

The purpose of vacation leave is to renew, refresh, restore, revive, stimulate the

All vacation leave shall be approved, in advance, with a minimum three day written. -immediate supervisor may make exception to the three (3) day notice.

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B. Employees of the District shall earn vacation leave for the first five (5)years ofcontinuous employment at the rate of ten working days for each full year of service.During the second five (5) years (6-10) of continuous employment, vacation leave shall beearned at the rate of fifteen(I5) working daystforeach full year of service. After the tenth(lOth)yearof service, vacation leave shall accrue at the rate of twenty (20) working days foeach year of service. Employees may accumulate up to 700 hours of vacation. Employeereaching the maximum will cease to accrue vacation leave until the pay period that thetotal accrued vacation leave is again below the maximum. Any employee who terminatesemployment with the District shall be paid the monetary value of any earned vacationleave. Vacation leave shall be posted to each employees account on the employees firs(Ist)anniversary day and as earned thereafter. Vacation leave may be advanced to anemployee at the discretion of the General Manager. Upon termination a reduction shall bmade covering the monetary value of any leave so advanced and still owing. Problems opay, posting, earning or adjusting shall be submitted to and reviewed by the HumanResources director and concluded by memo to the accounting department within five (5)working days. I22 EMPLOYEE LEAVES I

I22.1 APPROVAL OF LEAVEA. Requests for leave shall be in writing using form CWD-005.B. Employees will not be discriminated against in the determination of grantingleave on the basis of race, color, creed, national origin, sex, age, physicaldisability, mental disability, medical conditions, marital status or sexualorientation.

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Department Heads are responsible for determining the number of employees from theworkforce that may be off at a given time and still safely and efficiently accomplishprojects, schedules and good customer service.Leave requests shall be considered on a first come first serve basis.Requests for identical or overlapping leave periods that are given to the supervisor duringthe same eight (8) hour work shift will be considered as being submitted at the same timeRequests submitted after the end of the employees regular scheduled shift will beconsidered submitted on the following working day.Multiple requests, submitted on the same day, for identical or overlapping leave periodswill be considered by department or section workload and by seniority by hire date.If a request is denied, the supervisor shall meet with the employee to determine anacceptable alternate date.Requests may be submitted up to three hundred sixty-five (365) days in advance of thecommencement of the leave. n

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Employees returning to work from absence due to an on the job injury or illnessshall submit evidence of physical recovery acceptable to the General Manager. Awritten statement from the treating physician releasing them to return to full activework or describing conditions under which they may return shall be required.If the employee is not medically able to resume the normal duties of their position athe expiration of all available leaves of absence, they shall be eligible foremployment upon recovery.Upon reemployment, earned but unused benefits shall be reinstated. EmployeesoIndustrial Accident leave shall be contacted by their immediate supervisor weekly.Time spent for medical appointments or physical therapy in connection with anindustrial accident shall be deducted from the three hundred sixty (360) hoursallowed of paid industrial accident leave.At the Districts discretion, a physical evaluation and/or examination may be requirebefore an employee may return to work. I

22.5 PREGNANCY DISABILITY LEAVEI

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Employees disabled due to pregnancy or childbirth related conditions shall be allowed upto four (4)months of unpaid leave. Sick leave, vacation and floating holidays may be usedduring maternity leave. (See also Family Medical Leave Act section) The District mayrequire verification by a physician of both the disability and the employee's ability to safelyreturn to work.An employee may use vacation leave or floating holidays, if available, when necessary duto a spouse's pregnancy. Family and Medical Leave Act - California Family Rights Act.22.6 FAMILY MEDICAL LEAVE ACT/CALIFORNIA FAMILY RIGHTS ACTEligible Employees for FMLA are those who are 1.) are one of fifty (50) employees with iseventy five (75) miles of the work site 2.) have been employed for at least twelve (12)months and 3.) have worked at least one thousand two hundred fifty (1,250) hours duringthe twelve (12) month period immediately preceding the commencement of the leave.An eligible employee may take unpaid leave for the following reasons:i

a. Child Care. The birth or adoption of the employee's child or placement of a chilfor foster care with the employee. This leave must be taken within one yearafter the birth or adoption.b. Serious Health condition. The serious health condition of (a) the employee or(b) to care for a child, spouse, or parent who has a serious health condition.

1. Length of LeaveAn eligible employee is entitled to a maximum of twelve (12) weeks of unpaid leave withina twelve (12) month period without loss of seniority. The amount of leave available to anemployee at any given time will be calculated by looking backward at the amount of leavetaken within the twelve (12) month period immediate eding the requested leave. An

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employee who fails to return to work immediately following expiration of the authorizedleave period is subject to termination. Leave taken for any other reason which wouldqualify under this provision may be counted against the employees leave entitlement4

, under this provision.

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21 &ubstitution of Paid LeaveA. If the employee qualifies for and specifically requests leave under this provision for

child care leave, all accrued and unused vacation or floating holiday will runconcurrently with the child care leave.

3.

4.

5.

B. During a leave related to the employees serious health condition, all available paidsick or disability leave will run concurrently with the employees serious,, health,condition leave.C. During such a leave related to an employees family members serious health conditionthe employee may request to concurrently use any available paid sick leave (FamilyIllness leave).D. After accrued sick leave is exhausted under section b above, or if no sick leave istaken during a leave under subsection c above, an employee may elect to use accruedvacation leave under this provision.CertificationPrior to taking a serious health condition leave, the employee must submit to the HumanResources Director written medical certification from a health care provider of the serioushealth condition. The District allows fifteen (15) days after the employees request forcertification to be submitted, if the leave was not foreseeable. Failure to provide suchcertification upon request may result in a denial or delay of leave particularly if the Districtdetermines the leave was reasonably foreseeable. If the requested leave is for theemployees serious health condition, the District reserves the right to request that theemployee receive a second opinion from another health care provider at the Districtsexpense certifying the serious health condition of the employee. The District reserves theright to require that an employee provide the District with verification of the medicalcondition, if the certification expires prior to the end of the leave.Before returning to work, an employee who is on leave of absence as a result of his or heown serious health condition must submit a health care providers written certification thatthey are able to perform the essential functions of their job, with or without reasonableaccommodation. Failure to provide such certification may result in the delay or denial ofjob restoration.Intermittent or Reduced LeaveSerious health condition leave may be taken on an intermittent or reduced schedule basiswhen certified by a health care provider. Child care leave ordinarily must be taken in atleasttwoweek intervals, except twice in any twelve (12) month period when a leave maytaken for a shorter period of time.Insurance Dremiums


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6.

7.

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During an employees leave of absence, the District will continue to provideheaIth/dentaI/vision insurance coverage under the same terms as if the employee were noon leave. As such, the employee will remain personally responsible for any co-paymentsand or premium contributions. Long Term Disability and DentaINision premiums will bededucted from the first paycheck after the employee returns from the leave of absence.An employee who does not return, may be required to repay any insurance premiums paidby the District during the leave.Job RestorationUpon return from family or medical leave in accordance with this provision, the employeewill be returned to the same or an equivalent position with no loss in benefits whichaccrued prior to the leave of absence. An employee who does not return to work at theend of an authorized leave is subject to termination. An employee taking leave under thisprovision shall not be given any greater rights to a job than if the leave had not been takenEmDlovee NotificationAn employee who expects or anticipates taking a family or medical leave is required tonotify the Human Resources Director of the date of commencement and the expectedduration of the leave at least thirty (30) days in advance of the leave, or if, the need for theleave is not foreseeable, as soon as practicable. In cases where the need fbr leave isforeseeable, an employees failure to provide thirty (30) days notice prior to taking theleave may result in denial or delay of leave. An employee requesting leave under thisprovision should submit a written request for leave to the Human Resource Director.

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22.7 LEAVE WITHOUT PAYLeave without pay shall be thirty (30) days or less when an employees vacation leave isexhausted and in cases of illness, when sick leave, also is exhausted.Leave without pay shall be requested, in advance, by the employee, on a leave slip (Form005). Approval in advance by the department head is required. Leave without pay shall belimited to conditions considered by the department head to be in the best interest of theDistrict.Requirement of a reemployment physical is discretionary by the District.22.8 SERVICE DATEService dates shall be adjusted if the employee is on leave of absence or any other non-pay status in excess of thirty (30) consecutive calendar days so that no leave is earnedduring such period.22.9 MILITARY LEAVEMilitary leave shall be in accordance with Federal and State law.

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Medical and Term Life Insurance premiums shall be paid by the District. Premiums forother insurance benefits shall be the responsibility of the employee. After fifty-two (52)weeks, the employment may be terminated. Individuals may apply for employment uponrecovery. I,22.14 FAMILY SCHOOL LEAVE

Employees will be allowed up to forty (40) hours of unpaid leave, per school year, to attenmeetings at the school or licensed day care facility of dependent children through gradetwelve (12). The leave shall not exceed eight (8) hours in any calendar month. Employeesmust give reasonable notice. Employees shall use floating holiday or accrued vacationleave unless these leaves have been exhausted.22.15 DOMESTIC VIOLENCE LEAVE

' The District provides employees who are victims of domestic violence with unpaid time offrom work for the following reasons:1. to seek medical attention for injuries caused by domestic violence2. to obtain services from a domestic violence shelter, program or rape crises centeras a result of domestic violence3. to obtain psychological counseling related to an experience of domestic violence.4. to participate in safety planning and take other actions to increase safety from futurdomestic violence, including temporary or permanent relocation

to obtain a temporary restraining order, restraining order or other court assistance5.Employees who are victims of domestic violence abuse must provide the District withreasonable advanced notice of the need for time off pursuant to this policy, unlessadvanced notice is not possible due to the circumstances. However, if an employee whois the victim of domestic violence abuse takes unscheduled time off pursuant to this policythe employee must provide the District, within a reasonable period of time following theunscheduled time off, one of the following:1. A police report indicating that the employee was a victim of domestic violence,2. A court order protecting or separating the employee from the perpetrator of an act odomestic violence, or other evidence from the court or prosecuting attorney that theemployee appeared in court3. Documentation from a medical professional, domestic violence advocate, healthcare provider, or counselor that the employee was undergoing treatment forphysical or mental injuries or abuse resulting in victimization from an act of domestviolence.An employee who is a victim of domestic violence may use available vacation or floatingholidays to take time off pursuant to this policy. However, the amount of time off pursuanto this policy cannot exceed the unpaid leave time available under FMLA.

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The District does not discriminate or retaliate against employees who are victims ofdomestic violence abuse and who take time off pursuant to this policy to ensure their ownhealth, safety or welfare, or that of their childkhildren.i

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1 , 1 1 1Most original appointments of employees shall be for a probationary period of three hundredsixty-five (365) calendar days. No more than twc (2) consecutive periods shall be served.Positions that require special conditions to be met within specific time limits remain on probationfor the specific time or until the conditions have been accomplished. If the conditions have notbeen accomplished in the allotted time the employee may be transferred, demoted, or terminatedExcept for employees affected by special conditions, no merit step increases will be effectiveduring a probationary petiod.A newly hired probationary employee may be demoted, suspended or dismissed at any timeduring the probationary period and such action shall not entitle the employee reimbursement formonetary value of employee benefits except as provided by law.An employee who serves the required probationary period in a satisfactory manner shall beclassified as a regular employee and shall be subject to dismissal for just cause or reduction inwork force.

Anniversary dates for salary purposes shall be set by the date of employment and changed as aresult of a promotion, merit pay increase or involuntary demotion.and shall be set by the date of return less the thirty (30) calendar days.Evaluation of Performance: the Human Resources Director shall direct evaluation of anemployee's performance.

Service credit date will change due to leave of absence over thirty (30) consecutive calendar dayI

24. TRANSFERSTransfer of an employee from one work assignment for operational necessity to another workassignment, may be made by the General Manager at any time. Transfers shall not be used as adisciplinary measure.Requests for transfer to a lower paying vacancy shall require prior approval by both DepartmentHeads and the General Manager.25. INTERNAL TRANSFERS, PROMOTIONS AND RECRUITMENTOpen positions and new classifications that report directly to the General Manager shall be filledor posted at the discretion of the General Manager.When a vacant position is posted on bulletin boards at the District, it shall be open to all qualifiedemployees for a minimum of five (5) days. Employees will apply with Human Resources bycompleting a District application before the listed closing date. Candidates will be screened forqualifications, attendance, knowledge and abilities. Only the top candidates that meet thequalificationsof the position will be interviewed.C W D9 ACWDM 23


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Candidates not selected for interview shall have three working days to appeal to the HumanResources Director after notification. The Directors decision will be final.IIf there is a minimum of three (3) qualified candidates; the most qualified from those candidateswill be selected to interview for the position. If after interviewing, no candidate is selected, thecandidates will receive written notification with reasons for their elimination from candidacy andthe District will go to outside sources for additional candidates. If there are less than three (3)qualified candidates to interview, the District may recruit from outside sources for additionalcandidates.

An employee who transfers/promoted to a new position will serve a probation period as describein section 27. An employee will be informed at the time of the transfer/promotion whether hidheprevious position will be eliminated or held vacant for a period of time. The employee will beallowed up to forty (40) working days during which time the employee may request to return to themployees previous position if it is still open, unless the employee was notified that their previouposition will be eliminated. If there are no open position, and the employee doesnt sucFessfullycomplete the probation period, the employee may be terminated. During the forty (40) days, theemployee will be notified before the previous position is filled. The employee shall be allowedtw(2) nights, not including,Saturday or Sunday nights, to decide if they want to return to the previouposition. I26. GRIEVANCE PROCEDURESBefore entering into the grievance process, a management employee may discuss concerns withthe General Manager and attempt to resolve issues without entering into the formal process.

A. A grievance is defined as an allegation by a management employee or agroup of management employees that the district has failed to provide acondition of employment that is established by the Memorandum ofUnderstanding, or by a district or departmental policy or procedure. Thisgrievance procedure shall not apply to matter:1.2.3.

4.

Covered by the Labor Relations Ordinance, orConcerning non-disciplinary oral and written coaching and counseling,orConcerning any discipline or termination covered by the Skellyprocedures in Discipline and Dismissal, orConcerning any other subjects, unless the subject is covered by theexpressed terms of this MOU or any portion of a district ordepartmental policy or procedure that relates specifically to wages,hours and other terms and conditions of employment.

Informal Discussion with Department HeadBefore proceeding to C. below, a management employee shall discuss thegrievance with the Department Head and attempt to work out a satisfactorysolution. If the employee and the Department Head cannot work out a

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satisfactory solution, the employee may then choose to proceed to C.Verbal or Written Grievance to the General MananerIf a satisfactory solution has not been reached though informal discussionsthe management employee may then present the grievance verbally or inwriting to the general manager. The general manager will have fifteen (15working days in which to review and answer the grievance in writing.

I below. Direct reports to the General Manger will proceed to C.I C.

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27. DISCIPLINE AND DISMISSALA management employee has a higher level of performance expectations; includipg maintainingcompetent job performance and conducting themselves in a manner that exhibits professionalismand good judgment.Disciplinary action may be imposed upon a management employee for failure to perform theduties of hidher assigned duties or for violating work rules.

1. Counselinq and CoachingPrior to proceeding with the discipline process, management employees will receivcounseling and coaching from the general manager or their department head,depending upon to whom they directly report. This should be an ongoing processfor the purpose of continuing improvement. As a result of effective coaching andcounseling, it should never be a surprise when the discipline process begins.Coaching and counseling are by definition not part of the discipline process.

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2. DisciplineI

The disciplinary process will consist of the following steps, unless the generalmanager determines that a serious event warrants jumping past one or more levelsa.

b.

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Informal Meetina (Verbal Warnina) - The management employeemeets with the general manager or Department Head to discussperformance concerns and ways to improve performance and meetexpectations.Jeopardv Meetina Written Warnina)- The management employeemeets with the general manager or Department Head to discussperformance and warns that the management employees job is injeopardy and continued employment is unlikely unless performanceexpectations are met. This will result in a written warning.Decision-makina Leave (Final Written Warninn) - If the managementemployees performance fails to improve, the employee will be placedon Administrative Leave with pay for two days. During theAdministrative Leave, the management employee to decide whether:a) they can and will correct the unsatisfactory performance (and if so,how); or b) to resign the position with the District. The managementemployee will be given a last chance warning if he/she chooses not toresign. m

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3. SusDension Without Pay, Demotion or DismissalA management employee may be disciplined by the general manager withconcurrence from the human resources director and if the management employee not a direct report of the general manager, the department head. The generalmanager, when determining the range of discipline, shall file with the HumanResources office written charges in support of the discipline recommendation. Theemployee shall be notified, in writing, at least five working days prior to the Mectivedate of the action and provided, in writing, hidher rights to appeal the decisionthrough the Skelly process.The written notice to the management employee will:

a. Notify the employee in writing of the nature of the charges, which willinclude a copy of the complaint against the employee and which willidentify the objectives, directives, policies, procedures, work rlrles,regulations, or other order of District, which appear to have beenviolated; Ib. State the range of discipline that is being considered;c. Afford the affected employee an informal opportunity to respond to thecharges orally or in writing, normally within seven (7) working daysfrom receiving such written notice.

4. Skellv HearinqThe opportunity to respond may occur at a meeting conducted and presided over bthe General Manager's designee with authority to impose or recommend theproposed disciplinary action. The meeting shall be informal, but sufficient to assurethe employee full opportunity to be heard, respond to the charges, and have theemployee's response considered prior to the imposition of discipline.The employee shall have the right to answer the charges in writing and orally.At all meetings with the management employee wherein discipline is beingconsidered, the employee shall be entitled to representation.Five working days prior to the date of the scheduled hearing, each party shall serveupon the other party a list of all witness and a listOnce the hearing commences, additional witnesses may be called to rebutevidence offered by either party.

and copy of all exhibits:

All disciplinary hearings will be recorded by audiotape. If a court reporter isrequested by either party, that party shall pay the cost of the court reporter. If bothrequest a court reporter, the cost will be shared equally. If an audio recordingtranscription is used by either party, it must be transcribed by a certified courtreporter at the expense of the requesting party.The General Manager's designee will issue a written decision imposing discipline,exonerating the employee or taking any other action deemed appropriate.

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Ad ministrative LeaveAn employee may be placed on paid administrative leave by District during Districtinvestigat ions.

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Probationarv EmDloveesThe provisions of this Article shall not apply to newly hired employees who have nocompleted an initial probationary period. It is understood that the probationaryperiod is a part of the selection process and designated to allow evaluation of anemployee's fitness for regular status. All rights listed within this memorandumprotect a regular employee on promotional probation. 4

28. RULESOFCONDUCTEmployees that engage in the following conduct may be subject to disciplinary action including bnot limited to, demotion, suspension or termination of employment.Rules of conduct

1.2.

3.4.5.

6.

3..

4.9.

I O .

include but are not limited to:Theft of any kind, including theft of District property or theft of non-Districtproperty during working hours.Willful falsification of District documents or data .including but not limited toemployment application, time card, mileage sheets, work orders, incidentreports, meter readings, customer information or application for services, ordeliberately giving false information.Conviction or admission of any felony.Conviction or admission to a misdemeanor involving moral turpitude and/orimmoral conduct.The use, sale, possession, manufacture or cultivation of alcohol, intoxicants orcontrolled substances (drugs) during working hours or on District property,and/or reporting to work under the influence of such alcohol, intoxicants ordrugs (including employees on call).Soliciting contributions, accepting gratuities or accepting payment forunauthorized work or modification to District services, meters, systemconnections.Violation of the District's conflict of interest policy.Misuse of District time, such as sleeping, sightseeing, conducting personalbusiness or performing work other than District work assignment during paidworking hou rs.Unauthorized use of District property, materials, equipment, tools or vehicles.Willful destruction or malicious alteration of District equipment. Failure, througnegligence or inattentiveness, to safeguard District equipment, materials, toolsvehicles or personnel from damage or loss.Incompetence, inefficiency, lack of ability, physical or mental incapacity orfailure to perform assigned duties in a satisfactory manner.

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30. PERSONNEL FILESEach employee has a personnel file that is kept in Human Resources. This file is an employee'srecord of employment at the District.An employee has the legal right to know what is in the file and may inspect their file and discuss icontenfs during normal working hours with the Human Resources Director.

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Employees will not be shown:1. Records relating to the investigation of a possible criminal offense.2. Lettersof reference3. Ratings, reports or records that were: 4

a. obtained prior to the employees employment'b. prepared by identifiable examination committee membersc. obtained in connection with a promotional examination

31. VEHICLE CONTROLOperation of District-owned vehicles shall be restricted to authorized District personnel only. Noemployee shall operate a District vehicle without a valid California driver's license. The licensemust be the appropriate class and have the proper endorsements for the vehicle driven.District vehicle operation is limited to District business and work only. The use of District vehiclesfor personal use is unauthorized and will be in violation of District policy.The District may require certain employees and officers to commute to and from Work in District-owned vehicles. Commuting employees and officers shall not use the vehicle for personalactivities.Passengers authorized for travel in the closed portion of District vehicles (no one is authorized asa passenger in the open portion of a District vehicle) shall be restricted to those whoseemployment, research or presence can be related to a District operation or function.Tax on District Assiqned VehiclesIn accordance with current U S . Treasury Regulations (IRS) most employees using a District-owned vehicle for commuting to and from work will be considered to have received a taxablebenefit. Currently, this benefit is considered three ($3.00) dollars per day for most employees busome employees are considered to receive a higher benefit.Currently, the District does not make withholding for federal and state income taxes on theseamounts. The total annual value of the benefit will be added to the year-endW-2 statement asother income and should be considered by the employee when they file their annual tax returns.

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32. COMMUNITY ASSISTANCEEmera enciesDistrict personnel who find themselves at the scene where injury or damage requires theirassistance, should follow these actions upon determining the extent of the problem:

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1. Request "Control" to dispatch emergency units (Fire, Police, Medical). Beprepared to report the urgency of conditions, the kinds of equipment needed, andhow your location can be found.2. When (i9 transporting an injured person or damaged material, you (the GoodSamaritan) are responsible and liable for the care, welfare, or damage your actionsor conduct may cause during transport.

The "injured" or "owner of the damaged", may file suit for recovery of damage from the "GoodSamaritan" and the health care facility has the "authority" to require identificationof the personwho delivers an "injured."The District insures itself for liabilities of these kinds. This insurance coverage may notlkeep the"injured" from filing suit against the "Good Samaritan."33. REDUCTION IN FQRCE IThe District will act in accordance with the following procedure if it becomes necessary to-reducestaff because of lack of work, lack of funds, or economic reasons.

A. When it becomes necessary to reduce the work force (layoff), the General Manageshall designate the job classification(s) to be affected and the number of employees to beeliminated.B.designated by the General Manager for layoff shall be made in the following order ofemployment status:

Any reduction in the number of regular employees holding a job classification

a. Temporary employees who have been hired less than full-time or are from anb. Probationary employees who have not completed the initial probationary period.c. Regular employees who have completed the initial probationary period.

C. Layoffs of employees within each classification shall be based primarily on the mosrecent date of hire, with the least senior employee being laidoff first. An employee may blaid off out of seniority when a less senior employee possesses essential skills necessarythe operation of the department or classification, that the more senior person does notpossess, subject to the approval of the Human Resources Director. Factors such ascompetency and efficiency of employees may be considered if the standards by which thefactors can be measured is specified. Employees laid off out of seniority shall be given wrnotice of this action.

outside agency performing duties of the affected classification.

Seniority shall be defined as the length of an employee's continuous service with the Distrcounted from the most recent hire date. An employee shall lose seniority by:a. Voluntary resignationb. Discharged for just causec. Layoff for economic reasons

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INTERNET, COMPUTER SOFTWARE AND E-MAIL POLICY

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DlSfk/CTPROPERTYThe District electronic information system and all information stored on it, Including but nolimited to the computers, software, network, e-mail, voice mail and databases is theproperty of the District.

AUTHORIZED USEThe electronic information system may only be used for district business.11

DISTRICT ACCESSThe District may access at any time the Districts computers, network, somare, e-mail,voice mail and databases. The District may at its discretion monitor and log all systemactivity; users should not expect that their use of the system is private. Employees shouldnot put information on the electronic information system that they do not want others tosee.Unauthorized use of the District electronic information system may result in discipline up toand including termination. Accessing sexually explicit websitesor downloading sexuallyexplicit material is grounds for immediate discharge.Computer software must be used in strict compliance with the sellers license agreement.Only District authorized software may be installed on the District electronic informationsystem. All software, data and media including floppy and compact discs must be revieweand approved before use by Information Systems. District software may not be copied forany purpose. Improper use District software or improper use of software on the Districtsystem may result in discipline.E-mail and voice mail is for District business only. E-mail and voice mail, includinginformation that is deleted, is not private and may be retrieved by the District.

UNAUTHORIZED USES

COMPUTER SOFTVVARE

E-MAIL AND VOICE MAIL

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HARASSMENT PREVENTIONHarassment of an applicant or an employee by a supervisor, management employee, co-worker,vendor, customer or union representative on the basis of race, color, national origin, ancestry, ,religion, sex, age, physical disability, mental disability,, medical condition, marital status,pregnancy, or sexual orientation will not be tolerated.This policy applies to all workplace behaviors and forms and conditions of employment, includingbut not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leavesof absence, compensation and training. It also applies to any District employee acting on behalfof the District off the job site.Disciplinary action up to and including termination may be instituted for behaviors described in thdefinition of harassment referred to below.Any retaliation against a person for filing a harassment charge or making a harassment complainis ptohibited. Employees found to be retaliating against another employee shall be subject todisciplinary action, which may include termination.Definition: IHarassment includes, but is not limited to:Speech, such as lewd propositioning, epithets, stereotypical or derogatory comments or slurs ohthe basis of race, color, national origin, ancestry, religion, sex, age, physical disability, mentaldisability, medical condition, marital status, pregnancy, or sexual orientation. This might includeinappropriate sex-oriented comments on appearance, including dress or physical features, orrace, ethnicity-oriented stories or jokes.Physical acts such as assault, impeding or blocking movement, or offensive touching, or anyphysical interference within normal work or movement when directed at an individual on the basiof race, color, national origin, ancestry, religion, sex, age, physical disability, mental disability,medical condition, marital status, pregnancy, or sexual orientation.Visual insults, such as derogatory posters, cartoons, or drawings related to race, color, nationalorigin, ancestry, religion, sex, age, physical disability, mental disability, medical condition, maritastatus, pregnancy, or sexual orientation.Complaint Procedure:An employee or job applicant who believes he or she has been harassed has a responsibility toimmediately make a complaint either orally or in writing with any of the following:

' Immediate supervisor:Any supervisor or management employee within the department, including the departmenhead.The Human Resources DirectorAny manager, supervisor, employee or union representative who receives a harassmentcomplaint shall immediately notify the Human Resources Director.

Employees are to refer individuals to the Human Resources Director when allegations orconcerns of unlawful harassment are raised. If an employee believes that unlawful harassmenthas occurred, they should report the incident to the Human Resources Director, even if theaffected employee does not wish to report it. The employee should regard all informationreported to the Human Resources Director as confidential and should not share it with otheremployees, except as required.1 1

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The District will handle complaints of any type of harassment immediately: Appropriate steps wilbe taken by Human Resources and employees to resolve compla'ints as confidentially as ispossible. IIn add'ijion, the District recognizes that false accusations of sexual harassment can have seriouseffects on innocent women and men. Therefore, sanctions will also be imposed, as appropriate,on those who intentionally make false - rather than good faith, but erroneous - accusations. TheDistrict will impose the sanctions in a timely manner.Unlawful harassment does not refer to occasional compliments of a socially acceptable nature.Unlawful Harassment refers to behavior that is not welcome and that is offensive.An employee or job applicant also has the right to file a complaint with the state Qepartment ofFair Employment and Housing or the federal Equal Employment Opportunity Commission.

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SUBSTANCE ABUSE POLICYRegulations Governing Substance Abuse IPurposes

The District recognizes that in order to maintain a safe, effective and productivework environment, it is necessary to identify job applicants and employees who are currentlyusing alcohol, marijuana, cocaine and other drugs that might interfere with job performance.The purposes of this policy are as follows:

1. To establish and maintain a safe, healthy working environment for allemployees.2. To reduce the incidence of accidental injury to person or property.3.4. To provide assistance toward rehabilitation for any employee who seeks theDistricts help in overcoming any addiction to, or problem with, alcohol and otherdrugs.This p oky supplements, but does not replace, disciplinary rules and procedures

I To reduce absenteeism, tardiness and indifference to job performance:

currently in force relating to the use of alcohol or other drugs or to job performance,.Definitions

Drugs. Any chemical substance which produces physical, mental, emotional orbehavioral changes in the user. For purposes of this policy, For purposes of this policy, the worddrugs includes but is not limited to Alcohol, Marijuana, Cocaine, Heroin, PCP, Methedrine, LSDall prescription medications, sedatives and narcotics.the major intoxicating ingredient in beer, wine and distilled liquor.pursuant to the laws of the State of California or any Federal law or regulation.mental, emotional state or behavior, for example, glue and paint thinner, in addition to alcohol another drugs.pre-employment medical examination in order to identify those applicants whose current use ofdrugs could interfere with their prospective job performance.

Alcohol. Alcohol is a drug. It is a central nervous system depressant. Alcohol isIllegal Drugs. Drugs as defined above, the possession or use of which is unlawfuIntoxicating Substance. Any substance which produces changes in the physical,

Pre-emdovment Testinq. The District will begin testing job applicants as part of the

Procedure.1. All applications for employment will contain a statement to prospectiveapplicants advising them that the selection procedure include taking and passing apre-employment medical examination, which includes testing for the presence ofdrugs or other intoxicating substances.2. Applicants who are referred for a pre-employment examination will be required tsign consent forms authorizing the substance screening and the release of the testresults to the authorized District.3. Any applicant who refuses to sign the consent form(s) or to submit to testing wifor employment.

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3) When any of the following incidents occur:(a)company vehicle.An employee is involved in an accident while using a(b)persons or property.An employee is involved in an accident that causes injury to(c) An employee exhibits dangerous or bizarre behavior.(d) An employee is required to submit for testing under theprovisions of the Department of Transportation CommercialDrivers license program.

If it is clearly determined at the time of the accident, the employee was not at fault,the testing maybe waived only with prior approval from the Human Resources Director or their designee.

4. Investiaation. When any of the above incidents triggers the possibiliv ofrequiring the employee to submit to a test, the Human Resources Director should, iat al

5.

t

possible:I IA. Make personal contact with the employee to determine if there are factorspresent that would indicate that the employee may be under the influence of,or may have used a drug or intoxicating substance.B. Collect and record all facts pertinent to the reasons for suspectingsubstance use.C. If it appears that the employee may be involved in such use of drugs orintoxicating substances, refer to the appropriate party, or, if the employee isinjured and being treated for the injury, arrange for a test at the treatingfacility.Results of TestA. If test results are negative, the employee will continue in service.B. Test analysis that results ina positive indication of the presence of drugswill automatically require a reanalysis of the original sample by an alternativemethod. If the test is positive after reanalysis, the employee will either:

1) Be disciplined pursuant to disciplinary procedures set forth in existingDistrict policy, and/or2) Be placed on medical leave of absence until found to be medically fitto return to work.

6. Voluntarv Assistance. Alcoholism and drug addiction are treatable illnesses andthe District encourages employees to seek professional assistance with substanceabuse problems.In line with this policy, the District hereby adopts the following procedure for thoseemployees who voluntarily seek competent medical assistance:

A. Any employee who requests time off work to enter into a certifiedsubstance abuse treatment program such as a hospital or state licensedtreatment center, will be given a medical leave of absence for a period of upto thirty (30) days.C V W D m 40


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recommendation unless the employee consents, in writing, to therelease of such information.B. Self-referral. Any District employee may contact the Emplo,yeeAssistance Counselor directly, and in strict confidence, for help with 8substance abuse.

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I)terms of evaluation and guidance in obtaining proper treatment.The Employee Assistance Counselor will assist the employee in2) If the employee and the Employee Assistance Counselordetermine that a medical leave of absence is appropriate, the Districtwill grant the leave upon request of either the employee or theEmployee Assistance Counse lor.3) As noted above, no reason need be given for the leave ofabsence, however, the employee must be actively participating in arecognized program of rehabilitation.

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TRAVEL REIMBURSEMENT POLICYThis,policy defines the procedures for the originating of travel requests, reimbursements of fundsexpended and the establishment of reimbursement limitations. The procedures shall be asfollows:1. A&!Slicationfor travel shall be made by completing and routing CVVVD Form 140, TravelAuthorization Request, as noted on the form.2. Travel is not authorized until approved by the General Manager-Chief Engineer.3. If the travel request is approved by the General Manager-Chief Engineer, the secretary willmake the necessary arrangements.4. Whenever an expense advance is required, the secretary will submit the advapce request toFinance no later than Thursday prior to the week the trip begins in order to allow for normalprocessing. No advance will be made if received by Finance after this time.5. Employee's expense claims (CVWD Form 072 and 0721), approved in accordance with therequirements of the General Manager, shall be submitted to Finance no later than the end of themonth following the month in which the employee incurred the expenses. No claim will beallowed after that time and any advances will be deducted from pay. Receipts must be attachedfor all expenditures for which reimbursement is being requested. Reimbursement will not bemade if receipt is lost.

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6. Reimbursement will be made for per diem (includes tax and tip and no receipts required)within the following limitation:Meals:

-Hotel:Taxicab:Tips:

Full day trips $50.00*per dayPartial day trips: Breakfast- $,lO.OO*

Lunch - $15.00*Dinner - $25.00*I

*Includes tax and tip.Actual cost.Actual cost plus fifteen (15%) percent tip.Bellman- two ($2.00) dollars for one (1) bag plus one ($1.OO)dollar per bagextra.Skycap -two( $2.00) dollars for one (1) bag plus one ($1.00) dollar per bagextra.Entertainment: Theater, magazines, newspapers, in-room movies - NOREIMBURSEMENT.

Telephone: Personal calls - NO REIMBURSEMENT- except for one call of three (3)minutes duration or less resulting from change of plans such as cancelled airline flight andfor overnight travel, one safe arrival call home of three (3) minutes duration or less.

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7. OtherTravel bv District vehicle. If traveling by District vehicle, it isaadvisable to carry Districtgasoline credit card to use for minor emergencies. These may be checked out fromFinance for the length of the trip. Employee must contact District Auto Shop for major 'emergencies. If after normal working hours,&ll control (760) 398-2651 and ask them tocontact the Auto Shop supervisor.Privatelv Owned Vehicle. Under certain circumstances, employees may use their ownvehicle for District travel. They must make a written request to the General Manager-ChieEngineer and obtain approval prior to travel. A copy of current insurance coverage, in theminimum amount of $100,000/$300,000,must be attached. Reimbursement will be on aper mile basis at the rate established by the Board of Directors. The reimbursement maynot exceed the cost of the standard, unrestricted round-trip airline coach airfare in effect atthe time, plus any personal auto mileage and airport parking that would have beenincurred and reimbursable if airline transportation had been used. Reimbursement will nobe allowed for any other transportation for the duration of the trip. I

Meals. I IThere will be no reimbursement for breakfast on the day the trip starts unless the travel isrequired to start begins one hour before an employees normal start time. There will be noreimbursement for dinner on the day the trip ends unless the travel is required to end after7:OO p.m.The meal limitation may be exceeded when the meal is an organized luncheon, banquet oother meeting with meal, if the same cost is charged to all those in attendance.Meals for others. Employees are not authorized to purchase meals for others without priowritten approval.Advances. There will be no advance allowed for a trip of one day or less or for trips wherethe estimated expenditures are less than forty ($40.00) dollars. All advances must becleared no later than the end of the month following the month in which the employeeincurred the expensesor they will be deducted from pay.Drinks. Alcohol beverages are not reimbursable.

Extended Travel Arrangements.Under certain circumstances with prior approval, the District may pay lodging, meals andother reasonable incidental expenses incurred at the destination required for businesspurposes when travel is extended for a time beyond what is normally required for suchpurposes (Le., over a weekend), if the extension of time reduces the transportation coststhat would otherwise have been incurred, thereby resulting in a net cost savings overall.Whenever such situations occur, they shall be fully described on the expense claim formsubsequently prepared to document the travel activity. Notwithstanding the foregoing, theDistrict shall not pay for transportation costs other than to and from the destinationrequired for business purposes.- -C W D Lip\ 4


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8. SDecial circumstances.'I

Rental vehicles. Under certain circumstances, employees may use rental vehicles at theirdestination. If the travel is being performed on pubiic transportation and the rentalof a!vehicle is more economical than using taxicabs or shuttles, authorization may be grantedby the general manager-chief engineer. Requests must be made prior to the trip. As areminder to employees, supplemental auto insurance is not to be purchased.Excess cost. If an employee believes that the expenses incurred while traveling requirespecial consideration because of the high cost of meals at thecircumstances, the employee shall submit the justification andthe general manager-chief engineer prior to the travel.

location or other specialobtain written approval from

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CELL PHONE USE POLICYPURPOSE: To provide District employees with a safe an( professional working environmenl.DISTRICT CELL PHONES:1. Employees must adhere to all Federal, State or District regulations regarding the use of cellphones while driving.2. District cell phones should only be used for business purposes. Personal calls should belimited to emergencies and infrequent calls of short duration when another means ofcommunication is not available.

I3. When driving a vehicle, the task of driving is your first responsibility. A cell phone, whether itis district or personal can distract from the driving task. Beginning December 1, 2046 and unfurther notice the following rules will apply to the use of cell phones while drivinq:a. District cell phoqes may only be used with hands free operation. (Most cell phones haveadapters to allow this, contact the Electronic Shop for details)b. Even with hands free operation, if it is going to be a lengthy call, an emotional call, or a cathat requires much thought, the best practice is to tell the caller to wait while you pull offthe road or have them call you back when you can give them your full attention. Thispractice should also be used when using the two-way radios that are installed in districtvehicles.c. This policy will apply to personal cell phone use as well.

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PERSONAL CELL PHONES, PAGERS AND WALKIE TALKIE PHONES:1.working hours.Personal cell phones and pagers should be either turned off or on silent mode during2. Walkie-Talkie phone use should be limited to non-working time.3.District premises or whenever the employee is conducting District business.Employees are prohibited from using the photo feature on camera cell phones on the

TO VIOLATE ANY PART OF THIS POLICY MAY RESULT IN DISCIPLINARY PROCEDURES

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WORKPLACE VIOLENCE POLICYThe 'District recognizes that workplace violence is a concern among employers and employeeacross the country. The District is committed to providing a safe, violence-free workplace. In thiregard1 the District strictly prohibits employees, consultants, customers, visitors, or anyone elson dikkrict premises or engaging in a District-related activity from behaving in a violent othreatening manner. Moreover, as part of this policy, the District seeks to prevent workplacviolence before it begins and reserves the right to deal with behavior that suggests a propensitowards violence even prior to any violent behavior occurring.DEFlNITION:Workplace violence includes, but is not limited to, the following:

Threats of any kind with intent to harm.Threatening, physically aggressive, or violent behavior, such as intimidation of orattempts to instill fear in others;Causing physical injury to another person

Other behavior that suggests a propensity towards violence, which can includbelligerent speech, excessive arguing or swearing, sabotage, or threats of sabotage oDistrict property, or a demonstrated pattern of refusal to follow District policies anprocedures;Defacing District property, causing physical damage to the facilities; or property oanother individualCommitting acts motivated by or related to sexual harassment or domestic violenceBringing weapons of any kind on District premises, in District vehicles, in private vehicleparked in District parking lots, or while conducting District business. This includes, bunot limited to firearms, knives (pocket and utility knives excluded), club, explosives, anincendiary devices.

REPORTINGIf any employee observes or becomes aware of any of the above-listed actions or behavior by aemployee, customer, consultant, visitor, or anyone else, he or she should notify their SupervisoDepartment Head or Human Resources immediately.If an incident involves an emergency and requires the direct intervention of law enforcement oemergency medical services, immediately call Supervisory Control at extension 2300.Further, employees should notify Human Resources if any restraining order is in effect, or if potentially violent non-work-related situation exists that could result in violence in the workplace.

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INVESTlGAT1ONAll reports of workplace violence will be taken seriously and will be investigated promptly anthoroughly. In appropriate circumstances, the District will inform the reporting individual of thresults of the investigation. To the extent possible, the District will maintain the confidentiality othe reporting employee and of the investigation. The District may, however, need ta disclosresults in appropriate circumstances, for example, in order to protect individual safety.Knowingly and intentionally making false accusations is prohibited.The District will not tolerate retaliation against any employee who reports workplace violence.

ICORRECTIVE ACTION AND DISCIPLINEIf the District determines that workplace violence has occurred, the District will take appropriatcorrective action and will impose discipline on offending employees up to and includintermination. I I

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STATE OF CALIFORNIA )OFFICE OF THE SECRETARY 1COACHELLA VALLEY W ATER DISTRICT ) ss .

I, JULIA HER NANDEZ, Secretary of the Board of Directors of the Coachella ValleyWater District, DO HEREBY CERTIFY that the foregoing is a full, true and co rrect copy ofResolution No. 2007- 162 adopted by the B oard of Directors of said District at a regular meetingthereof duly held and convened on the 26thday of June, 2007, at which meeting a quorum of .said Board was present and acting throughout.Dated this 26thday of June, 2007.

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COACHELLA VALLEY WATER DISTRICTMemorandum

TO :FROM:

SUBJECT:I

Board of Directors DATE: June 6,20 07Heidi Keeran, Human Resources Director FILE: 0018.20018.2 1001 8.22Approve Memorandums of Understanding with SEIU, ASSET and A CVW DM

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Representatives from the Service Employees International U nion (SEIU), Association o fSupervisory Support (ASSET), Association of C oachella Valley Water D istrict Ma nagem en

CVWD 2007_ACVWDM_MOU

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