Reso 1678 11/2024
Vallecitos Water District
Employee Handbook
Revised
November 2024
INTRODUCTION
Welcome! As an employee of Vallecitos Water District, you are an important member of our
team. We hope that you will find your position here rewarding, challenging, and productive.
This Employee Handbook is intended to provide you with a general understanding of the
District’s human resources policies, benefits, and rules. It is intended to familiarize you with
important information about the District as well as information regarding your own
responsibilities. It is important that you read, understand, and follow the provisions of the
Handbook. Although the Employee Handbook describes important policies, practices, and
benefits, it is not intended to constitute a legal document which could create any expressed or
implied contractual obligations. You will be notified in writing of any amendments and additions
to these policies and procedures. Keep this handbook, additions and revisions on file for your
reference. It is your responsibility to keep your Employee Handbook updated.
This Handbook cannot anticipate every situation or answer every question about employment.
Additionally, circumstances will require that guidelines, practices, and benefits described in this
Handbook change. Accordingly, the District reserves the right to modify, supplement, or rescind
any provision of this Handbook from time to time, as it deems necessary. The Employee
Handbook does not establish any rights or duties on the part of either the District or the
employee.
The District is constantly striving to improve its operations, the services that it provides its
customers and its relations with its employees. You are encouraged to bring suggestions for
improvements to the attention of your supervisor, department manager, or the General
Manager. Additionally, if you have any questions, you should contact your supervisor. By
working together, the District believes that it will share with its employees a sincere pride in the
workplace and the services that they are here to provide.
TABLE OF CONTENTS
MISSION STATEMENT ..............................................................................................................1
BOARD POLICY .......................................................................................................................1
ORGANIZATIONAL RESPONSIBILITIES ................................................................................1
SECTION I - INTRODUCTION TO EMPLOYMENT
A. Open Door Policy…………………………………………………………………………………2
B. At-Will Employment ..........................................................................................................2
C. Equal Employment Opportunity ........................................................................................2
D. Reasonable Accommodation ...........................................................................................2
E. Lactation Accommodation .................................................................................................3
F. Nepotism ..........................................................................................................................3
G. California Driver’s License/Record ...................................................................................3
H. Oath of Office and Disaster Service Workers ...................................................................4
I. Political Activity ..................................................................................................................4
SECTION II – ON THE JOB
A. Public Relations ...............................................................................................................5
B. Gifts .................................................................................................................................5
C. Smoking ..........................................................................................................................5
D. Identification Cards .........................................................................................................5
E. Business Dress and Uniforms ..........................................................................................5
F. District Property ...............................................................................................................6
G. Internet and Electronic Communications ........................................................................6
H. Vehicle Use ......................................................................................................................6
I. District-Owned Cell Phones ..............................................................................................7
SECTION III - CODE OF CONDUCT
A. Standards of Conduct .......................................................................................................8
B. Anti-Discrimination/Harassment/Retaliation .................................................................. 10
C. Workplace Violence ...................................................................................................... 10
D. Anti-Bullying .................................................................................................................. 10
E. Alcohol/Drug-Free Workplace ........................................................................................ 11
F. Safety ............................................................................................................................. 12
G. Fitness-for-Duty & Return-to-Work ................................................................................. 12
H. Ethics and Anti-Fraud ..................................................................................................... 12
SECTION IV - GENERAL WORKING CONDITIONS
A. Orientation and Training ................................................................................................ 14
B. Introductory Period ........................................................................................................ 14
C. Performance Appraisals ................................................................................................ 14
D. Work Schedules and Attendance ................................................................................... 15
E. Pay Periods/Pay Day .................................................................................................... 15
F. Time Sheets ................................................................................................................... 16
G. Employee Information Changes .................................................................................... 16
H. Access to Personnel Records ....................................................................................... 16
I. Privacy of Protected Health Information ......................................................................... 16
J. Verifications of Employment........................................................................................... 16
K. Defense of Public Employees ....................................................................................... 17
SECTION V - COMPENSATION AND CLASSIFICATION
A. Job Descriptions………………………………………………………………………………..18
B. Salary Schedule ............................................................................................................ 18
C. Cost-of-Living Salary Adjustment (COLA) ..................................................................... 18
D. Experience/Longevity Increase ..................................................................................... 19
E. Merit Increase ................................................................................................................ 19
F. Promotion ...................................................................................................................... 19
G. Upgrade ......................................................................................................................... 19
H. Out-of-Class Pay ............................................................................................................ 19
I. Lateral Transfer ............................................................................................................ 20
J. Demotion .......................................................................................................................20
K. Reclassification ............................................................................................................. 20
L. Overtime ........................................................................................................................ 20
M. Compensatory Time Off ................................................................................................. 21
N. Stand-By Duty ............................................................................................................... 22
O. Recovery/Recuperation Time ........................................................................................ 22
P. Cellular Telephone Allowance ........................................................................................ 22
SECTION VI - EMPLOYEE BENEFITS
A. Eligibility ........................................................................................................................ 24
B. Medical Insurance ......................................................................................................... 24
C. Retiree Medical Insurance ............................................................................................. 24
D. Dental and Vision Insurance ......................................................................................... 25
E. Flexible Spending Accounts ………………………………………………………………….25
F. Worker’s Compensation ................................................................................................. 25
G. State Disability Insurance .............................................................................................. 25
H. Long-Term Disability Insurance. ..................................................................................... 26
I. Life/Accidental Death and Dismemberment Insurance .................................................. 26
J. Federal Social Security and Medicare ........................................................................... 26
K. California Public Employees Retirement ....................................................................... 26
L. Deferred Compensation ................................................................................................ 27
M. Employee Assistance Program ...................................................................................... 27
N. Meetings, Seminars, and Conferences .......................................................................... 27
O. Tuition Reimbursement Program ................................................................................... 27
P. Certification Renewals and Exams ................................................................................. 27
Q. Memberships ................................................................................................................. 28
R. Computer Purchase Program. ........................................................................................ 28
S. Employee Wellness ........................................................................................................ 28
T. Employee Recognition .................................................................................................... 28
U. Job Shadow Program ..................................................................................................... 29
V. Safety Footwear and Eyewear. ...................................................................................... 29
SECTION VII – PAID TIME OFF AND LEAVES OF ABSENCE
A. Vacation Leave .............................................................................................................. 30
B. Vacation Sell Back ........................................................................................................ 31
C. Holidays ......................................................................................................................... 31
D. Sick Leave...................................................................................................................... 32
E. Bereavement Leave ...................................................................................................... 33
F. School Activity Leave ..................................................................................................... 33
G. Time Off to Vote ............................................................................................................ 34
H. Jury Duty or Witness Leave .......................................................................................... 34
I. Military Leave .................................................................................................................. 34
J. Leave for Victims of Violent Crimes, Domestic Abuse, or Stalking ................................ 34
K. Family and Medical Leave .............................................................................................. 35
L. Pregnancy Disability Leave ............................................................................................. 35
M. Leave Without Pay ......................................................................................................... 35
N. Medical Leave Without Pay ............................................................................................ 35
SECTION VIII – EMPLOYER/EMPLOYEE RELATIONS POLICY
A. Statement of Purpose………………………………………………………………………….37
B. Definitions ...................................................................................................................... 37
C. Reasonable Time Off to Meet and Confer ..................................................................... 39
D. Appropriate Unit ............................................................................................................ 39
E. Administrative Rules and Procedures ........................................................................... 39
F. Initiation of Impasse Procedures ................................................................................... 39
G. Impasse Procedures ...................................................................................................... 40
H. Costs of Impasse Procedures ........................................................................................ 40
I. Construction .................................................................................................................. 40
J. Severability ...................................................................................................................40
K. Adoption of EERP ......................................................................................................... 41
SECTION IX – DISTRICT RIGHTS .......................................................................................... 42
SECTION X - DISCIPLINE ...................................................................................................... 44
SECTION XI – GRIEVANCE PROCEDURES ......................................................................... 45
SECTION XII – TERMINATION PROCEDURES ..................................................................... 47
A. Written Notice and Severance Pay ............................................................................... 47
B. Employee’s Request for Reconsideration ..................................................................... 47
C. Closed Session Hearing ................................................................................................ 47
D. Waiver of Reconsideration ............................................................................................ 48
E. Petition to the District Board of Directors ....................................................................... 48
SUPPLEMENTS
1. Recruitment and Selection Policy
2. Diversity, Equity and Inclusion Policy
3. Discrimination, Harassment, and Retaliation Prevention Policy
4. Fraud Policy
5. Information Technology Policy
6. Workplace Violence Policy
7. Telecommute Policy
8. Health Information Privacy Notice
9. Return to Work Program
10. Travel Policy
11. Tuition Reimbursement Program
12. Computer Purchase Program
13. Employee Recognition Program
14. Personal Protective Equipment Policy
15. Family and Medical Leave Policy
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MISSION STATEMENT
The mission of Vallecitos Water District is to serve as water & wastewater specialists, providing
exceptional and sustainable services.
The District will continue to provide reliable and sustainable services by:
• Proactively, innovatively, and continuously improving the quality and efficiency of our
operations and service;
• Supporting and retaining highly trained staff that is knowledgeable, engaged, team
oriented and responsive to the community and other agencies;
• Providing support for the good of the region to remain a respected and active industry
partner, and;
• Providing continuous outreach and education to our customers on issues and topics
that impact the services we provide and our role as water and wastewater specialists.
BOARD POLICY
The Board has established a set of employment guidelines and benefits and only upon formal
action can it make changes. Rules and Regulations are considered essential to the orderly
conduct of the District’s business. Observance and understanding of these rules will enable
harmonious work with a true cooperative spirit in maintaining safe and dependable service to
the District’s customers. The policies and procedures contained herein supersede any and all
previously issued policies, procedures, rules, or instructions related to human resources
management at Vallecitos Water District.
ORGANIZATIONAL RESPONSIBILITIES
The Vallecitos Water District Board of Directors is the governing body of the District.
The Board appoints the General Manager, an executive position with overall responsibility for
District operations. The duties of the General Manager include the full charge and control of the
maintenance, operation, and construction of the water and wastewater systems of the District;
full power and authority to employ and discharge all employees at-will, prescribe the duties of
employees, and fix and alter the compensation of employees subject to approval by the Board.
The Management positions of the District are defined as follows: General Manager, Assistant
General Manager, Chief Financial Officer, Human Resources and Risk Manager, District
Engineer, and Operations and Maintenance Manager. The duties and powers of the employees
in these positions are of a nature that such employees are classified as engaged in the duties
related to management.
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SECTION I - INTRODUCTION TO EMPLOYMENT
A. OPEN DOOR POLICY
The District promotes an atmosphere in which employees can talk freely with
management. Employees are encouraged to openly discuss any concerns with their
department manager. In addition, Human Resources and the General Manager are
available for consultation and guidance. When practical, problems should be addressed
at the lowest level in the organization.
B. AT-WILL EMPLOYMENT
Employment by the District is at-will and has no specified term or tenure. Employment is
at the mutual consent of the employee and the District and can be terminated at will, at
any time, by the employee or the District. This means that any employee has the right to
terminate the employment relationship at any time, either with or without cause or
advance notice, and the District preserves the very same right. No one in the District has
the legal ability or authority to alter the at-will nature of the employment relationship. See
the Recruitment and Selection Policy for further information.
C. EQUAL EMPLOYMENT OPPORTUNITY
Federal, state, and local laws make it unlawful to discriminate against, or to harass
employees and applicants for employment on the basis of any protected classification.
The District will afford equal employment opportunity to all qualified employees and
applicants as to all terms and conditions of employment, including compensation, hiring,
training, promotion, transfer, discipline, and termination. Refer to the Diversity, Equity,
and Inclusion Policy or the Discrimination/Harassment/Retaliation Prevention Policy for
more information.
D. REASONABLE ACCOMMODATION
The District provides employment-related reasonable accommodations to qualified
individuals with disabilities in order to perform essential job functions An employee who
desires a reasonable accommodation should make a request in writing to the Human
Resources Department. The request must identify the job-related functions at issue and
the desired accommodation(s). The District may require additional information, such as
reasonable documentation of the existence of a disability, the work restrictions and the
requested accommodation. The District will arrange for a discussion with the employee to
fully discuss all feasible potential reasonable accommodations. The District determines,
in its sole discretion, whether reasonable accommodation(s) can be made, and the type
of accommodations to provide. The District will not provide accommodations that would
pose an undue hardship upon District finances or operations, or that would endanger the
health or safety of the employee or others. The District will inform the employee of its
decision in writing. See also the Family and Medical Leave and Medical Leave without
Pay sections.
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E. LACTATION ACCOMODATION
Employees may use their meal and/or rest periods for the purpose of expressing breast
milk. If required, a reasonable amount of additional time will be provided, upon request.
Such additional time will be unpaid.
A private place to express breast milk, other than a bathroom, will be provided in close
proximity to the employee’s work area. The employee’s normal work area may be used if
it allows the employee to express milk in private. Such space will meet the requirements
of the California Labor Code including a surface to place a breast pump and personal
items, a place to sit, and access to electricity. Access to a sink with running water and a
refrigerator for storing breast milk will be provided in close proximity to an employee’s
work area. If a refrigerator cannot be provided, the District may provide another cooling
device suitable for storing milk, such as a cooler. To request the above, please contact
Human Resources. The District will respond accordingly, generally within two business
days.
If any employee believes that they have experienced retaliation or discrimination as a
result of conduct protected by this policy, the employee may file a complaint with his or
her supervisor and Human Resources or the California Labor Commissioner.
F. NEPOTISM
Relatives, spouses, and domestic partners of employees may be employed by the
District; however, they may not be employed within the same work area or department to
avoid the potential for, or appearance of, preferential treatment. If an employee becomes
related to a current employee or involved in a domestic partnership with another
employee after employed, the District reserves the right to address these issues on a
case-by-case basis. Under no circumstances will an employee be allowed in a position
of authority or influence over a relative, spouse, or domestic partner. At the discretion of
the General Manager, an employee may be reassigned if feasible.
G. CALIFORNIA DRIVER’S LICENSE/RECORD
For jobs which require driving, employees are responsible for maintaining a valid
California driver’s license and their driving history must be acceptable to the District’s
Automobile Liability Insurance Carrier. All employees who drive on District business are
enrolled in the California Department of Motor Vehicles Pull Notice Program unless a
non-mandatory driver waives enrollment. If a non-mandatory driver waives enrollment in
the Pull Notice Program, driving in any vehicle for any District business is prohibited and
the employee must carpool or use public transportation. For employees enrolled in the
Pull Notice Program, the District receives and reviews employee driving records annually
and when activity triggers a new report. If information is found which would limit or restrict
the ability to drive, the employee must take action to meet the requirements to perform
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the job. Employees who are required to maintain a license as a condition of employment
must immediately report action taken that affects their driving privileges.
H. OATH OF OFFICE AND DISASTER SERVICE WORKERS
As a condition of employment, all public employees, except those exempted by law, are
required to take an oath or affirmation to uphold the Constitution of the State and the
United States of America against all enemies foreign and domestic in accordance with
California Constitution Article 20, Section 3. New employees who refuse to take the oath
or affirmation cannot be employed by the District and will be terminated from
employment. Public employees may be declared to be disaster service workers.
I. POLITICAL ACTIVITY
The political activity of employees is restricted in accordance with State Government
Code, Chapter 9.5, Sections 3201 through 3209. Employees can participate in off-duty
political campaigns; however, employees should not campaign for potential District Board
members. Further, an employee that successfully campaigns for a Vallecitos Water
District Board seat must terminate employment with the District. Employees may not use
their positions to try to influence others. Employees may not directly or indirectly solicit
political funds or contributions from the Board members or other employees during work
hours. Employees may not participate in political activities of any kind while in uniform,
on District premises, or during working hours.
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SECTION II – ON THE JOB
A. PUBLIC RELATIONS
Employees will not make news release comments about the District unless specifically
directed by the General Manager. Normally, individuals seeking information about the
District should be referred to the Public Information/Conservation Supervisor or the
General Manager.
B. GIFTS
Employees will not seek or accept anything of material value from those doing or
attempting to do business with the District including vendors, consultants, contractors,
developers, lessees, applicants, and grantees. The material value is determined by the
Fair Political Practices Commission’s Gift and Honoraria limits each year. Refer to the
District’s Fraud Policy for more information.
A Statement of Economic Interests, also known as the Form 700, may be required for
some employees pursuant to current State, County, and local legal statutes, or attorney
recommendation.
C. SMOKING
Smoking, including the use of e-cigarettes, vapes, and chewing tobacco is prohibited in
District vehicles and all enclosed workplaces including, but not limited to, offices, control
rooms, laboratories, shops, storage rooms, vaults, equipment rooms, restrooms, board
room, conference rooms, lobby, lunch/break rooms, kitchens, and hallways.
D. IDENTIFICATION CARDS
Employees must possess their District issued identification card while on District
premises. Employees working in the field and wearing a District-issued uniform with
identifying logo are not required to wear their identification card, however, they must
always carry it with them. If an identification card is lost or damaged, the employee
should contact human resources for a replacement immediately. All visitors must check
in and wear a visitor’s identification card while on District property.
E. BUSINESS DRESS AND UNIFORMS
Employees who are not provided uniforms are expected to dress in a manner consistent
with good business practices and appropriate to the work setting. All clothing must be
neat, clean and in good repair. The following are examples of inappropriate dress during
normal working hours: mini-skirts, halter/tube/crop type tops, athletic clothing, sheer
clothing, thongs/flip flops, torn, cut or frayed clothing, and clothing with obscene
messages or artwork. Jeans are acceptable for “casual Friday” and at other times when
appropriate for the work setting/assignment (‘field work’, cleaning office areas, etc.)
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Employees provided uniforms by the District must wear them. The District, under a
uniform rental agreement, will pay for uniform cleaning, except for such personnel as may
be designated by management. Management is responsible for determining the number
of weekly changes necessary. Employees are liable for any loss or damage to uniforms
and coveralls caused by negligence or misuse, and such loss or damage will be
recovered through a payroll deduction.
F. DISTRICT PROPERTY
All property belonging to the District is public property for the benefit of ratepayers, and
any unauthorized sale or other wrongful disposal is in violation of the law. Employees will
not remove any property under the control of the District and salvage and/or surplus
equipment or materials without the express consent of the General Manager. This
prohibition does not apply to items considered to be trash and/or junk which have been
properly disposed in any trash or dump site.
G. INTERNET AND ELECTRONIC COMMUNICATIONS
The District’s Information Technology Policy addresses the District’s legal responsibilities
and concerns regarding the proper use of the internet and all electronic communications
equipment and systems. Cybersecurity training is required of all employees and network
accounts may be disabled if employees do not complete any required training.
Employees may use the District’s electronic communications system for limited personal
use. No employee should have any expectation of privacy with respect to information
transmitted, received, or stored in any of the District’s electronic communications systems
or equipment. Any unlawful, unethical, or inappropriate use is strictly prohibited.
Employees who misuse the District’s systems may be subject to discipline, up to and
including termination. Non-exempt employees are not expected to check District emails
outside of their work schedule and as such, are not authorized to work overtime for this
purpose unless specifically directed by a supervisor or manager.
H. VEHICLE USE
District vehicles are available for use by employees engaged in District business.
Personal vehicles should only be used for District business when District vehicles are not
available. Employees required to use personal vehicles will be reimbursed at the current
IRS rate per mile, plus tolls, parking, etc. Managers receive a monthly vehicle stipend
and may not claim mileage for travel. Arrangements for use of District vehicles during or
outside of normal business hours may be made only upon prior approval of the General
Manager or designee. Except for vehicles assigned to employees on a 24-hour basis or
by prior approval of the General Manager, vehicles must be locked and parked in the
designated District parking area at night and on weekends.
Certain employees are provided with 24-hour use of a District vehicle for transportation
between the employee’s residence and the District office or work sites. Assignment of the
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vehicle is not for the specific benefit of the employee, but for the improved operational
efficiency and effectiveness of the District. Employees will not use District vehicles for
personal purposes other than commuting to and from work and for incidental personal
use such as a stop between work and home. Employees will not transport non-
employees or family members without prior approval of their supervisor. A District-
furnished vehicle for commuting is a taxable benefit according to the Internal Revenue
Service (IRS).
No employees will drive a motor vehicle using a cellular telephone unless that telephone
is used hands-free listening and talking and is used in that manner, in accordance with
California law. If no hands-free option is available, employees must pull off to the side of
the road to a safe area and stop to place or receive a call. Under no circumstances may
a driver initiate, review, or answer a text message while driving a vehicle on District
business. Additionally, the use of electronic devices for reading, composing, sending
emails, or entering data while driving is prohibited. The inappropriate use of a cellular
phone violates State law and the District’s Vehicle Use policy. Violators are subject to
both enforcement action of the law and disciplinary action by the District. Refer to the
Alcohol, Marijuana, and Drug Free Workplace policy for additional prohibitions related to
vehicle use.
I. DISTRICT-OWNED CELL PHONES
The District provides District-owned cell phones to employees who are inspectors, duty
personnel, and other staff as assigned. Inspectors should use District cell phones
assigned to them during the course of the business day and leave the cell phones on
District premises before leaving work. Duty personnel should take possession of the
District cell phone during the span of the assigned duty only. The District also provides
HazMat and Emergency personnel “On-Demand” phones that are maintained on District
premises. Refer to the Board ordinance for additional information.
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SECTION III – CODE OF CONDUCT
A. STANDARDS OF CONDUCT
In order to protect the rights and safety of all employees and to ensure the efficient
operations of the District, employee activities are governed by reasonable standards of
conduct. The following acts are illustrative, not exhaustive, of acts which are grounds for
disciplinary action and/or termination of employment with the District. All employees are
“at will”; the employment relationship may be terminated at any time by the District or the
employee with or without cause.
1. Poor job performance.
2. Discourteous conduct or abusive or vulgar language directed toward any
employee, customer, visitor, guest, or member of the public. Any action indicating
a disrespect or disregard for the District, its vendors, suppliers, or clients.
3. Excessive absenteeism, tardiness, or failure to inform the immediate supervisor at
least 30 minutes prior to scheduled reporting time.
4. Failure to get permission for leaving early or coming in late.
5. Disrespectful behavior toward a manager or supervisor or insubordination which
may include refusal to carry out a directive.
6. Misuse of the District’s monies.
7. Failure to acquire or maintain current certifications or licenses required by position.
8. Release of confidential information or information of a personal nature about an
employee or customer unless the specific work duties require the giving or
exchanging of such information.
9. Falsification of forms, records, or reports including, but not limited to, time sheets,
employment applications, or medical information.
10. Possessing or bringing firearms, weapons, open containers of alcohol, illegal
drugs or chemicals on or to District property.
11. Unauthorized possession or removal of property, records, keys, or other materials.
12. Smoking, including the use of e-cigarettes, vapes, and chewing tobacco in
restricted areas.
13. Destroying or willfully damaging the District’s or another employee’s property.
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14. Noncompliance with safety or health rules or practices or engaging in conduct that
creates a safety or health hazard.
15. Sexual harassment or other unlawful harassment of an employee, customer,
vendor, or member of the public.
16. Giving false or misleading information during the application or selection process.
17. Failure to report involvement in an accident or giving false information in accident
or insurance reports.
18. Unauthorized opening of, or tampering with, locks in desks, doors, and cabinets or
unauthorized use of or duplication of keys.
19. Reporting to work under the influence of illegal drugs or alcohol or drinking
alcoholic beverages or using illegal drugs on the job.
20. Threatening or intimidating behavior towards employees or members of the public
per the District’s Workplace Violence Policy.
21. Failure to immediately report the loss of a California driver’s license due to
suspension, withdrawal, forfeiture, or confiscation by any court of law or by the
California Division of Motor Vehicles. This rule applies only to those employees
who must maintain such a license as a condition of their employment.
22. Misrepresenting reasons when requesting a leave of absence or time off work.
23. Unacceptable personal grooming, hygiene or inappropriate dress.
24. Conduct undermining authority or disruptive of District functions or detrimental to
close working relationships among employees.
25. Conduct that could adversely affect the good reputation of the District.
26. Violation of District policies or federal, state, or local laws.
27. Soliciting, collecting funds, and/or circulating literature of any nature on District
property during working hours without the approval of the General Manager.
28. Taking more than the specified time allowed for meals or rest periods.
29. Failure to disclose outside work activities that may result in a conflict of interest
with work performed as a District employee.
30. Misuse of electronic systems (email, internet, fax) per the District’s policy.
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31. Working overtime without prior authorization.
B. ANTI-DISCRIMINATION/HARASSMENT/RETALIATION
The District is committed to providing a work environment that is free of discrimination,
harassment, and retaliation. In keeping with this commitment, the District strictly prohibits
discrimination and harassment of any employee or individual and provides required
training to management and all employees. The District’s Anti-Discrimination/Harassment
and Retaliation Policy provides a complaint process. The District will take all reasonable
steps to prevent harassment, discrimination, and retaliation. All employees should report
harassment promptly. No employee will be disciplined or retaliated against for reporting
harassment. Supervisors observing harassment must take immediate action to stop the
behavior and report the incident to Human Resources. Employees who violate this policy
may be subject to disciplinary action up to and including termination. Refer to the
District’s Anti-Discrimination/Harassment/Retaliation Policy for more information.
C. WORKPLACE VIOLENCE
As part of the District’s commitment to provide a safe place for employees to work and to
safeguard the public, acts or threats of physical violence will not be tolerated, including
intimidation, harassment, and/or coercion which involve or affect the District, or which
occur on District property. The prohibition against threats or acts of violence applies to
everyone involved in District operations, including employees, contract workers, and
anyone on District property. Employees are responsible for reporting acts of a threatening
or violent nature directed at themselves or others to their supervisor, manager, and/or
Human Resources. To ensure the District maintains a safe workplace and free of
violence for all employees, the District prohibits the possession or use of any weapons on
District property. Employees who violate this policy may be subject to disciplinary action
up to and including termination and/or legal action. Refer to the District’s Workplace
Violence Policy for additional information.
D. ANTI-BULLYING
It is the policy of the District that all employees should be able to work in an environment
free of bullying. Workplace bullying, including cyber-bullying, is unacceptable and will not
be tolerated. Workplace bullying is behavior that harms, intimidates, offends, degrades,
or humiliates a co-worker, possibly in front of other employees, customers, vendors, or
members of the public. Examples of bullying include, but are not limited to, profane or
disrespectful language; hostile and rude behavior and speech directed at a co-worker;
derogatory or sarcastic remarks and comments about a co-worker’s appearance or job
performance, angry outbursts or yelling; purposeful harm to work product; name calling;
throwing anything at or toward a co-worker; comments that undermine a co-worker’s trust
and confidence; and retaliation against any person who has reported disruptive behavior.
Cyber-bulling is the use of cell phones, instant messaging, email, chat rooms, or social
networking sites to harass, threaten, or intimidate a coworker. Bullying is not an isolated
incident of inappropriate behavior or a supervisor holding an employee accountable for
performance. Bullying is distinguished from unlawful harassment in that it is not illegal or
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directed at someone’s membership in a protected classification. All employees are
encouraged to report workplace bullying. Any reports will be treated seriously; managers
and supervisors must take reasonable measures to prevent workplace bullying and
respond promptly. Employees who violate this policy may be subject to disciplinary
action up to and including termination.
E. ALCOHOL/DRUG FREE WORKPLACE
The District has a vital interest in maintaining a safe, healthful, and efficient work
environment. Being under the influence of a drug or alcohol while on the job poses
serious safety and health risks to the user and to all those who work with the user. The
use, sale, purchase, transfer, being under the influence of or possession of an illegal drug
(including marijuana) in the workplace, and the use, possession, or being under the
influence of alcohol also poses unacceptable risks for safe, healthful, and efficient
operations.
The District has an obligation to its officers, employees and members of the public to take
reasonable steps to provide an alcohol and drug free workplace and to provide services
to the public in a safe manner. Reporting for work or working under the influence of
alcohol or drugs and the use, possession, transfer, purchase, or sale, or attempted use,
possession, transfer, purchase, or sale of alcohol or drugs in any manner during work
hours, including rest breaks and meal periods, or while on District premises, are strictly
prohibited and constitute cause for disciplinary action up to and including termination.
This includes marijuana.
The following behavior violates District policy and will be grounds for discipline up to and
including discharge:
• Distribution, sale, purchase, possession, or use of an illegal or controlled
substance, or being under the influence of an illegal or controlled substance, while
on the job (including marijuana);
• Driving any vehicle while performing District business under the influence of illegal
or controlled substances or alcohol;
• Use of, impairment by, or being under the influence of alcohol while on the job;
• An employee’s failure to notify the District of any criminal conviction on a charge of
illegal sale or possession of any controlled substance;
• Use of or being under the influence of marijuana on District premises or while
performing District business or during working hours, even if obtained through a
legal prescription.
Employees will be required to submit to a drug and alcohol test if reasonable suspicion
exists that an employee is under the influence of (impaired by) drugs and/or alcohol. Only
tests that can indicate impairment based on the presence of THC will be used to test for
marijuana.
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Any employee who tests positive as the result of such a drug and/or alcohol test will be
subject to discipline up to and including discharge. This includes any employee who tests
positive for marijuana, even if the employee was prescribed the marijuana for medical
purposes.
Any employee who is using prescription or over-the-counter drugs that may impair the
employee’s ability to safely perform his/her job, or might affect the safety or well-being of
others, must receive clearance from his/her physician before performing any work. If the
employee cannot safely perform their job duties, the District may consider reassignment
or other reasonable accommodation, upon request of the employee.
F. SAFETY
To achieve the goal of a safe and healthful work environment, the District has adopted an
Injury and Illness Prevention Program (IIPP). The District furnishes a place of
employment which is free from recognized hazards that are causing or are likely to cause
death or serious physical harm to its employees. The District provides safe working
areas, equipment, tools, and other work devices. All District personal protective
equipment (PPE) required for specific positions will be issued to appropriate employees.
Proper maintenance of the PPE is the responsibility of the employee. Safety rules and
regulations are fully contained in the District Safety Manual. Employees who fail to
comply with rules and practices related to safety and health maybe subject to disciplinary
action up to and including termination. Employees are prohibited from engaging in
conduct that creates a safety or health hazard while on duty.
G. FITNESS-FOR-DUTY
If management has reason to question the ability of an employee to perform the essential
job functions, a Fitness-for-Duty evaluation may be requested requiring the employee to
be examined by a treating personal physician, or specialist selected by the District.
Results of the evaluation will be maintained confidentially, separate from the employee’s
personnel record. Employees who fail to attend a Fitness-for Duty evaluation may be
subject to disciplinary action up to and including termination, for insubordination.
H. ETHICS/ANTI-FRAUD
The District is committed to protecting its assets against the risk of loss or misuse, and
employees must, at all times, operate in an ethical manner. The District expects
employees to conduct themselves in a business-like manner and to perform duties
conscientiously, honestly, and in accordance with the best interests of the organization.
Employees should exercise caution when working with District contractors or vendors
and respect the confidentiality of information acquired in the course of their work.
Fraud is a form of unethical behavior and includes, but is not limited to, claims for
unauthorized expenses, forgery, falsification or alteration of District documents or
records, misappropriation of District assets, inappropriate use of District resources, theft
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of equipment or goods, knowingly authorizing or receiving payment for goods not
received or services not performed, computer-related activity, misrepresentation of
information on documents, seeking or accepting anything of material value from those
doing business with the District.
An employee who observes, knows of, or suspects fraudulent or unethical activity must
immediately report the incident to the proper management official (supervisor, manager,
General Manager, President of the Board, or District’s Legal Counsel). Refer to the Board
resolution for more information on the District’s Fraud Policy.
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SECTION IV - GENERAL WORKING CONDITIONS
A. ORIENTATION AND TRAINING
New employees are given an Employee Handbook to familiarize themselves with the
rules and regulations of the District for employment. New employees will meet with the
representatives from the Employee Association and other departments for orientation.
The employee’s supervisor will discuss formal and informal practices to further inform the
employee. The District will provide required training.
B. INTRODUCTORY PERIOD
The first year of employment with the District is the introductory period. During the
introductory period, an employee may be released without cause and without right of
appeal, grievance, or hearing. Approximately six (6) months after employment, an
introductory performance appraisal will be conducted by the supervisor. At the end of the
one-year introductory period, the supervisor will conduct a final introductory performance
appraisal. If the introductory employee has been satisfactorily performing the job
functions and meets all other conditions of continued employment, the supervisor will
recommend the employee be granted status as a regular employee. If the introductory
employee’s performance fails to meet the standards of the District, employment may be
terminated. The Termination Procedures in Section XII do not apply to introductory
employees who have not been granted regular status. Position changes during the
introductory period may affect the length of the introductory period and/or step increase
dates.
C. PERFORMANCE APPRAISALS
Performance appraisals are an important developmental tool for both the District and the
employees. Employees will receive periodic written appraisals about their job
performance. After the employee’s introductory period, reviews will be conducted
annually on the anniversary of the hire date, unless otherwise indicated.
The appraisal is conducted by the employee’s immediate supervisor. The employee is
requested to sign the appraisal form indicating that the employee has read the appraisal;
signing the form does not indicate agreement of the contents. If an employee refuses to
sign the appraisal, the supervisor will note the refusal on the form. The employee may
make written comments on the form and/or attach them to the appraisal for inclusion in
the personnel file; comments should be submitted no later than 2 weeks after the
appraisal is presented. A copy of the appraisal is given to the employee and the original
placed in the personnel file. An employee who fails to meet job expectations may be
placed on a performance improvement plan. Failure to improve performance may result
in disciplinary action, up to and including termination.
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D. WORK SCHEDULES AND ATTENDANCE
Employees who work full-time are assigned to a definite work schedule of at least 30
hours per week. Employees who are not able to report to work at the scheduled time
must notify their supervisor at least 30 minutes prior to the beginning of the workday.
Excessive absenteeism or tardiness, taking more than the specified time allowed for
meals or rest periods, and failing to get permission to leave early or come in late, may be
grounds for discipline. Work schedules are established to accommodate the public and
be consistent with the needs of the District.
The majority of staff work a 9/80 schedule, which provides for 9 work hours Monday –
Thursday, and 8 work hours on alternate Fridays. Some employees or departments, with
the approval of the General Manager, may be permitted to change their schedules.
Modified schedules are temporary in nature and are in response to an employee request;
modified schedules usually involve shifting start/end times or reducing hours. Modified
schedules may affect benefit eligibility and leave accruals for paid time off. Flexible
schedules are usually a department-wide request and need to be consistent on a weekly
basis but can be a permanent change. However, both types may be revoked based on
the needs of the District.
Except as approved above, Administrative Building staff work 7:30 a.m. – 5:30 p.m.
Monday – Thursday, and 7:30 a.m. – 4:30 p.m. on alternate Fridays. Employees who
work in the Administration Building may receive a one (1) hour lunch period and two (2)
15-minute break periods as designated by the supervisor and based on the employee’s
work schedule. These periods are staggered to provide continuous service to the public.
Lunch periods may occasionally be modified with supervisor approval. See the
Telecommute Policy for more information on rules regarding remote work.
Operations and Maintenance employees work Monday through Thursday from 6:30 a.m.
to 4:00 p.m. and Fridays from 6:30 a.m. to 3:00 p.m. A 30-minute lunch period and two
(2) 15-minute break periods are designated by the supervisor. Employees may be
required to work overtime in case of an emergency and work duty shifts as necessary.
E. PAY PERIODS/PAYDAY
Employees are paid on a bi-weekly basis. A pay period consists of 80 working hours over
the course of two work weeks as defined below. The regular work week covers a seven
(7) day period that begins exactly four (4) hours after the start of shift on Friday and ends
exactly four (4) hours after the start of shift on the following Friday. Exempt employees
are paid one twenty-sixth (1/26) of their annual salary each payday for time worked and
non-exempt employees are paid their hourly rate multiplied by the number of hours
worked, including approved leave, duty pay, or overtime, for the pay period. Paydays are
normally no later than three (3) business days following the end of a pay period.
Employees are strongly encouraged to enroll in direct deposit.
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F. TIME SHEETS
Nonexempt employees must complete biweekly timesheets which may include overtime
and are reviewed and approved by the supervisor.
Exempt employees who are salaried will need to complete a bi-weekly time sheet.
Exempt employees will need to report any paid time off for any full days of absence or
partial days of absence in excess of 4 hours.
G. EMPLOYEE INFORMATION CHANGES
Employees should inform Human Resources as soon as possible of any changes to
resident or mailing address, telephone number, emergency contact, and dependent and
marital status.
H. ACCESS TO PERSONNEL RECORDS
Employee files are confidential with access limited to the employee and other District
employees only if they have a "need to know" such as, Human Resources staff in the
course of their normal business; management considering an employee for promotion or
transfer; and others only as specifically authorized by the General Manager. Non-
employees may not, except with specific authorization, have access to the files.
Generally, such access will be granted only upon advice of counsel. Employees may
inspect their own personnel file by completing a request form and viewing the file in the
presence of Human Resources staff.
I. PRIVACY OF PROTECTED HEALTH INFORMATION
As required by the Health Insurance Portability and Accountability Act (HIPAA),
designated staff with access to certain medical information, including plan selection,
receive specific training on health information confidentiality. In addition, medical
information is required to be maintained in secure locations and accessible only to
employees trained in HIPAA. If a breach occurs or is suspected, all employees must be
notified. Refer to the Notice of Privacy Practices of Protected Health Information for
additional information.
J. VERIFICATIONS OF EMPLOYMENT
All inquiries regarding a current or former District employee must be referred to Human
Resources and no information should be released over the telephone. In response to a
request for information regarding a current or former employee, Human Resources will
verify only an employee’s name, dates of employment, and job title, unless the employee
authorizes the District to release such information in writing or the District is required by
law to furnish information. The District does not comment on performance. Personal
references may be provided by other staff if they are not made on behalf of the District.
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K. DEFENSE OF PUBLIC EMPLOYEES
In accordance with applicable state law, upon request of an employee or former
employee, the District will defend the employee from and against any and all claims,
actions, or causes of action or proceedings in which the employee is named and which
allege actions on the part of the employee, or failures to act, within the course and scope
of their employment.
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SECTION V - COMPENSATION AND CLASSIFICATION
A. JOB DESCRIPTIONS
A job (or class) description is a generalized, but not specifically detailed, description of
work performed by one or more employees. Job descriptions are in writing and contain
the definition or purpose of a job, essential functions, qualifications, physical demands
and working conditions. Not every task an employee is expected to perform is included
in a job description. Job descriptions are used for numerous purposes such as recruiting,
performance evaluations, and salary surveys. Job descriptions are established for all
authorized positions. The Board may increase or decrease the number of positions
through the annual budget process.
B. SALARY SCHEDULE
All job classifications except General Manager have established pay ranges comprised of
steps beginning with entry level through experience/longevity levels. The
classification/pay schedule and salary range/step schedule are publicly approved by the
Board of Directors and posted.
The entry level is step A, experience steps B through G, and longevity steps G2 through
I. Each experience step represents a five percent (5%) salary increase. Each longevity
step represents an approximate one percent (1%) salary increase. The District’s
compensation plan is a ‘balanced plan’, which is a blend between external market data
and internal alignment. When reviewing internal alignment, the District uses the whole
job method of job evaluation. Periodic compensation studies will be conducted to
maintain market competitiveness for similar classifications in comparable organizations.
New employees are hired at the entry level step A unless the General Manager adjusts
the entry step based on their experience and qualifications. The General Manager must
receive Board approval to start a new employee above step C. Increases will primarily
reflect experience increases; however, they may also include longevity, merit, and cost-
of-living increases.
C. COST-OF-LIVING SALARY ADJUSTMENT (COLA)
COLA is based on the percent change in the San Diego Consumer Price Index for All
Urban Consumers (CPI-U) for the second half of the preceding calendar year, subject to
the caps and terms of the current MOU. The COLA increase salary ranges and salaries
except for those that have been y-rated. Employees with y-rated salaries receive the
COLA as a lump sum amount. Refer to the MOU for the negotiated COLA amounts and
additional information.
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D. EXPERIENCE/LONGEVITY INCREASE
Employees are eligible to receive an experience increase of five percent (5%) each year
until they reach step G. Experience increases are not automatic and depend on
satisfactory performance as documented by the employee’s annual performance
appraisal. Unless otherwise stated by applicable leave laws, employees who are on an
unpaid leave of absence or unprotected leave may not be eligible for an experience step.
Employees are eligible to receive a longevity increase of approximately 1% each year
through steps G2 - I.
E. MERIT INCREASE
A merit increase is an advance from one step to a higher step within the existing
salary range (excluding longevity Steps) and is not a result of an experience step given
as part of the annual performance appraisal process. A merit increase can only be
granted by the General Manager for an employee’s outstanding or exemplary work
performance as documented and recommended by the supervisor and department
manager. A merit increase does not change the employee’s annual review date. Merit
increases above 5% require Board authorization.
F. PROMOTION
A promotion is an appointment to a classification with a higher rate of pay. The promoted
employee may be assigned to any step within the pay range depending on experience
and other qualifications provided it does not result in a loss of pay. A promotion changes
the employee’s annual review date to the effective date of the promotion including any
future step increases.
G. UPGRADE
An upgrade is a change in classification from entry level to journey level within the same
job series (ex. I to II). An employee is eligible for an upgrade upon meeting the minimum
qualifications for the journey level and recommended by the supervisor for advancement
after assessment of the employee’s skills and abilities. An upgrade changes the
employee’s annual review date to the effective date of the upgrade including any future
step increases.
H. OUT-OF-CLASS PAY
An employee who is temporarily directed in writing by the General Manager to serve in a
higher classification will be compensated accordingly. To qualify for out-of-class pay, the
employee must be assuming substantially the full range of duties and responsibilities of
the higher-level position. Out-of-class pay is not authorized during the temporary absence
of a supervisor, manager, etc. An out-of-class appointment for a vacant position is
limited to 960 hours/fiscal year per California Public Employees’ Retirement System
(CalPERS) regulations.
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I. LATERAL TRANSFER
A lateral transfer is an appointment to a different classification with the same pay range.
A lateral transfer does not change the employee’s annual review date and step increase
date. The employee’s salary remains the same. The prior supervisor will complete a
“close out” performance evaluation.
J. DEMOTION
There are two types of demotion, voluntary and involuntary. A voluntary demotion is a
transfer to a class with a lower salary range and may result in a decrease in pay.
Voluntary demotions usually occur when an employee has a desire to perform a different
type of work. An involuntary demotion occurs as the result of a disciplinary action and
may result in a loss of pay. A demotion changes the employee’s annual review date to
the effective date of the demotion including any future step increases.
K. RECLASSIFICATION
A reclassification is a change in job classification due to significant changes in the job
duties and responsibilities of a position. The position changes should take into
consideration the needs of the District and the best use of available resources.
Supervisors should consult with Human Resources before making any significant
changes to an employee’s position. Requests for reclassification are submitted to Human
Resources for review.
A position may be reclassified to an existing classification with a higher or lower pay
range or to a new classification, as approved by the Board. When the position is
reclassified to a class with a higher pay range, the employee will move to the minimum
pay for the new pay range or receive a 5% pay increase, whichever is most beneficial to
the employee. When a position is reclassified to a classification with a lower pay range,
the employee’s pay will be placed at the step nearest to the employee’s current pay that
does not result in a pay increase. If the employee’s current pay exceeds the pay range of
the new classification, the employee’s pay may be y-rated. A reclassification changes
the employee’s annual performance review date to the effective date of the
reclassification including any future step increases.
L. OVERTIME
The District is subject to the requirements of the Fair Labor Standards Act (FLSA), a
Federal law, requiring paid overtime or comp time for all hours worked in excess of the
work week (40 hours in a 7-day period, defined in section Pay Periods/Pay Day). All
California Special Districts, including this District, are exempt from State wage laws
requiring daily overtime, double time and holiday pay. The District provides overtime
above and beyond the FLSA’s requirements as an additional benefit for non-exempt
employees. Exempt employees are not eligible for overtime pay or comp time. Non-
exempt employees must get prior approval from their supervisor before working overtime.
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All overtime must be reported on an employee’s timesheet, even if the employee did not
have prior approval.
Overtime is paid at the rate of one and one-half times the regular hourly rate (time and a
half) or two times the regular hourly rate (double time) as specified below. For purposes
of calculating overtime, paid time off is considered hours worked within an employee’s
regular workday or workweek. Paid time off includes compensatory time off, holidays,
sick leave, vacation, and recovery time. Including paid time off as hours worked for
computing overtime is an additional benefit provided to employees by the District and not
required by law.
Overtime is defined as time worked in response to a request by the supervisor in excess
of the employee’s regular work shift, workweek, or any hours worked on a scheduled day
off including District observed holidays (Holidays). Nonexempt employees receive time
and a half for overtime hours worked on days other than Sundays and Holidays.
Overtime worked on Sundays and Holidays (the District observed holiday, not the actual
holiday) is paid as double time unless part of a regular or modified work shift.
Overtime for call outs/call backs is paid for the duration of the emergency or until the
employee is released or starts the regular shift, whichever is sooner, with a minimum call
back/call out pay of two (2) hours. The 2-hour minimum does not apply to SCADA
response at home or phone calls that do not require an employee to leave their
residence. Actual travel time from/to residence is included as overtime, up to 30 minutes
each way, which is included in the 2-hour minimum.
Employees may be reimbursed for meals due to overtime work. A reimbursement of up
to $20.00 per employee is considered a reasonable amount for meal breaks every four
(4) hours. Overtime periods not meeting the full four (4) hour criteria or meals purchased
after the overtime work is completed are not eligible for reimbursement.
M. COMPENSATORY TIME OFF
Employees may elect to receive Compensatory Time Off (CTO) in lieu of payment of
overtime. CTO must be approved by the supervisor and accounted for on the bi-weekly
time sheet showing the overtime worked that an employee wants to have credited as
CTO. CTO accrues at one and one-half times the overtime worked or two (2) times for
work on Sundays and Holidays, up to a maximum accrual of 80 hours. Employees who
work overtime and have 80 hours of accrued CTO are paid overtime at the regular rate of
overtime pay until the CTO time is taken and the accrual drops below 80 hours. Requests
to take time off as CTO should be approved in advance by the supervisor. Employees
cannot request payment of the value of CTO hours accrued. Any CTO remaining is paid
out when an employee separates from employment with the District.
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N. STAND-BY DUTY
Operations and Maintenance employees except management, lead workers, and
administrative staff, are subject to stand-by duty. Lead workers may volunteer for stand-
by duty subject to supervisor approval and based on the needs of the department.
Employees on stand-by duty are compensated accordingly for providing emergency
service on a twenty-four (24) hour basis and assigned a vehicle and/or equipment to use
on any call-back assignments while on duty. Employees on stand-by duty must be
available at all times of the day and night to receive calls. Employees assigned to stand-
by duty receive an amount established by the Board, which provides a daily flat rate per
duty day. The flat rate is adjusted annually by COLA at the same percentage as regular
employee salary rates.
Stand-by duty is assigned to an employee for a one (1) week period. Employees will
have at least one (1) week off stand-by duty before being reassigned. Assigned stand-by
duty may not be exchanged or traded with another employee without prior approval from
the supervisor. In such cases of personal emergency or illness when prior approval is
not practical, the duty employee will inform the supervisor as soon as possible.
O. RECOVERY/RECUPERATION TIME
Recovery or recuperation time is required for Class A and B drivers per the California
DMV Code. For safety reasons, all employees of the District are eligible for paid
recovery/recuperation time if subject to overtime work as indicated below. Recovery time
does not apply to employees assigned to stand-by duty or if there is a scheduled change
of regular work hours or shift for scheduled repairs. If, due to unforeseen circumstances
other than an emergency as defined under the Emergency Response Plan (i.e. EOC is
activated), recovery time may be provided as follows:
An employee whose regular scheduled workday ends no later than 5:30 p.m. and is
required to work continuously from the beginning of their shift until after 9:00 p.m. or is
called back to work and works past 12:00 midnight, may be provided up to ten (10)
recovery hours off from the time of release from work before reporting for duty. An
employee called back to work after 12:00 midnight may be provided up to eight (8)
recovery hours off from the time of release from work before reporting for duty. If the
recovery hours fall into the regularly scheduled workday, the employee will be paid, at
regular hourly rates, for those overlap hours normally worked and report for work at the
end of the recovery period to complete the regularly scheduled workday. With permission
of the supervisor, the employee may use vacation, floating holiday, or compensatory time
off to make up the regular workday hours. If the recovery time extends past the end of
the regular workday, no additional payments for recovery hours will be made.
P. CELLULAR TELEPHONE ALLOWANCE
Management staff are provided a cellular telephone allowance as authorized by District
resolution. All other employees are eligible for the allowance on a case-by-case
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determination by the manager of the employee’s department depending on the nature of
the work the employee performs, and the need to maintain contact with the employee
during work hours and non-work hours is best accomplished by using a cell phone.
Employees meeting the following criteria will generally be considered eligible: Facilities
and critical systems employees subject to after-hours call out; emergency responders
(Incident System command staff and general staff, primary and first alternates only); and
employees who spend a considerable amount of time out of the office on District
business. Refer to the Board resolution for additional information.
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SECTION VI - EMPLOYEE BENEFITS
A. ELIGIBILITY
Group insurance for medical, dental, and vision is provided to benefit eligible employees
including introductory and regular employees working full time (scheduled to work at least
30 hours per week). Coverage begins on the first of the month following the date of
employment unless otherwise indicated. Eligible family members may be enrolled; proof
of relationship documents (i.e. birth or marriage certificates) must be provided upon initial
enrollment. Employees must notify Human Resources within 30 days of a “life change” in
order to make changes to benefits outside of the open enrollment period. Life changes
include but are not limited to birth or adoption of child, marriage, divorce, or death.
Contact Human Resources for more information on eligibility and benefits.
B. MEDICAL INSURANCE
Eligible employees are required to enroll in one of the District’s available group medical
insurance plans and may elect to enroll eligible family members. Coverage for family
members will continue until they are eligible for coverage under any other health care
plan or are no longer eligible for coverage under the District’s medical plans. The District
may continue to provide access to other medical plans if the minimum participation
required for each plan is met. If the minimum participation is not met, the District may no
longer provide the plan and is not obligated to provide a replacement.
Base medical contributions are provided by the District to eligible employees as specified
in the MOU. The base medical contribution is the monthly maximum the District will pay
on behalf of the employee. The employee is responsible for any costs above the base
medical contribution. The District’s plan is in accordance with the Internal Revenue Code
allowing pre-tax contributions through a payroll salary reduction (deduction). The
deductions for medical contributions are taken once a month from an employee’s
paycheck. When an employee is on a leave of absence without pay, the employee is
responsible for making monthly premium payments to the District for their share of the
contributions.
C. RETIREE MEDICAL INSURANCE
Regular full-time employees hired before July 1, 2013, with five (5) continuous years of
employment with the District who are at least 50 years of age at time of retirement from
the District, their spouses, and dependent children are eligible for retiree health
insurance, known as other post-employment benefits (OPEB). Base medical premiums
apply to the OPEB benefit for the retiree and spouse and are paid until such time as the
retiree or spouse receives or becomes eligible for other coverage, or are eligible for
Medicare, but not beyond the age of 65. A dependent child’s coverage is fully paid by the
retiree. OPEB benefits for years of service five through ten are prorated on a yearly
basis; refer to the MOU for additional information. Retirees are responsible for any costs
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above the OPEB premium payment. Failure to pay additional premiums may result in
termination of OPEB medical benefits provided by the District.
D. DENTAL AND VISION INSURANCE
Coverage is provided at District cost for full time employees, active Board members, and
their eligible family members. The District’s benefit administrator requires all employees
and eligible family members to enroll.
E. FLEXIBLE SPENDING ACCOUNTS
Employees may voluntarily participate in Flexible Spending Accounts (FSAs) for
reimbursement of qualified medical and dependent care expenses. Employee
contributions are pre-tax and made through payroll deduction. Employees may elect
contributions upon hire, or during the designated open-enrollment period for the next
calendar year. It is important to note that FSAs are “use-it-or-lose-it” plans when
determining how much to contribute. Information on FSAs may be received from
Human Resources.
F. WORKERS’ COMPENSATION
Employees who are injured while working must report the injury immediately to their
supervisor. Reporting promptly helps avoid problems and delays in receiving benefits,
including medical care. The District carries Workers’ Compensation Insurance coverage
as required by law to protect employees who are injured on the job. This insurance
authorizes and pays for medical care that is reasonably required to cure or relieve the
effects of the injury in addition to partial payment for loss of earnings that result from work
related injuries and illnesses. Workers’ Compensation payments represent 2/3 of an
employee’s pay subject to statutory minimum and maximum amounts. Employees may
use sick leave or other accumulated leave benefits to supplement the disability
payments. The District’s Return to Work Program (RTW) is mandatory for employees
who are partially disabled from a work-related injury or illness and provides temporary
modified work assignments and duties, when reasonable. Refer to the complete policy for
more information.
G. STATE DISABILITY INSURANCE
The District participates in the California State Disability Insurance (SDI) Program. SDI is
a partial wage-replacement insurance plan that includes two programs: Disability
Insurance and Paid Family Leave (PFL). SDI is available when an employee is unable to
work due to a non-work-related illness or injury, or due to pregnancy or childbirth. Paid
Family Leave provides partial wage replacement when an employee takes time off from
work to care for a seriously ill family member, as defined by the law, participating in an
event related to a family member’s military deployment or to bond with a new child or a
child in connection with adoption or foster care placement. Eligibility for SDI benefits
begins after a seven (7) day waiting period. PFL has no waiting period. Employees may
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integrate SDI and PFL benefits with available paid leave to receive up to 100% of normal
gross wages. Employees receiving SDI/PFL benefits should inform Human Resources
and Payroll to ensure proper leave integration and avoid overpayment.
H. LONG-TERM DISABILITY INSURANCE
Long-term disability (LTD) insurance is provided at District cost for full time employees.
LTD provides for approximately two-thirds (2/3) of salary if an employee is unable to work
due to disability. Eligibility for benefits begins after a thirty (30) day waiting period.
Benefits may be offset by State Disability Insurance and Workers’ Compensation
Insurance.
I. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE
Coverage is provided at District cost for full time employees and active Board members.
Refer to life insurance summary sheet for details.
J. FEDERAL SOCIAL SECURITY AND MEDICARE
The Federal Insurance Contribution Act (FICA) is a tax paid by the District and
employees for Social Security and Medicare. Social Security is the governmental fund
that provides income to retirees, disability, etc. Medicare provides medical insurance
coverage to persons over age 65. Employees are responsible for all employee related
contributions to FICA.
K. CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT
Eligible employees will be enrolled in the California Public Employees Retirement System
(CalPERS) for retirement benefits. CalPERS retirement is a defined benefit plan that
provides a lifetime benefit determined by a set formula. The District has two retirement
formulas due to law changes from the Public Employees’ Pension Reform Act (PEPRA).
The 3% at age 60 formula applies to current employees or new employees who are
considered “classic members”. Classic members are employees with prior service in
CalPERS or with established reciprocity, as defined by PEPRA. The 2% at age 62
formula applies to new employees hired on or after January 1, 2013, who are considered
“new members” under PEPRA. The District and employees make required contributions
to CalPERS depending on the retirement formula. The employee contribution is a
percentage of pay that is paid before income taxes. Refer to the MOU for more
information.
Detailed information regarding the CalPERS retirement plan is available online at
www.calpers.ca.gov.
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L. DEFERRED COMPENSATION
Employees may voluntarily participate in a qualified Deferred Compensation Plan.
Employee contributions are made through payroll deduction. The amount contributed is
considered “tax deferred” and is subtracted from taxable income for income tax
withholding calculation and year-end reporting. Regular employees may receive a
matching contribution from the District up to a maximum, as specified in the MOU. Rules
and regulations for total annual contribution amounts, withdrawal, taxation, etc. are set by
the Internal Revenue Service. Information on the deferred compensation plan may be
obtained from Finance.
M. EMPLOYEE ASSISTANCE PROGRAM
The Employee Assistance Program (EAP) is provided at District cost for all employees
and their family members (includes anyone living in the same household). EAP is a
confidential program that provides short-term professional consultations and referral to
other resources for assistance with personal problems including marital/relationship,
family, alcohol/drug, emotional/stress, legal, medical, or financial. Contact Human
Resources for more information on the program. Employees do not need to go through
Human Resources to use this benefit.
N. MEETINGS, SEMINARS, AND CONFERENCES
Employees may attend conferences, meetings, seminars, trainings and other functions
for the purpose of furthering the interests of the District. Costs for travel and associated
expenses will be paid or reimbursed by the District according to the Travel Policy.
Employees must obtain departmental approval for attendance. Travel/registration
arrangements will be made by the District and should be scheduled as far in advance as
possible. All travel should be prudently planned at the most reasonable cost.
O. TUITION REIMBURSEMENT PROGRAM
The District encourages and financially assists employees with their educational
advancement. Regular full-time employees are eligible to apply for reimbursement and
are expected to remain employed by the District for a minimum period. Refer to the
complete policy for more information on the criteria and procedures for reimbursement.
P. CERTIFICATION RENEWALS AND EXAMS
For positions that require specific certifications, the District will reimburse employees for
certification renewals and exams upon successful passing of the exam. The District will
also reimburse employees for the cost of required Continuing Education Requirements
(CEUs) upon successful completion and passing of the course(s). CEUs must be
accepted by the applicable agency that issues the certification in order to receive
reimbursement by the District. For positions that do not require certifications, the District
may reimburse employees for the cost of certification renewals, certification exams, and
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associated CEU costs for certifications if management determines that it would be
beneficial to the District. All employees must obtain approval before registering or taking
any CEU courses and certification exams or applying for certification renewals. If prior
approval is not obtained, reimbursement will not be made by the District.
Q. MEMBERSHIPS
Employees may participate in professional, technical, and business-related associations
and organizations. The General Manager may approve payment of the membership
depending on applicability to the employee’s position and the functions of the District.
R. COMPUTER PURCHASE PROGRAM
Board members and regular full-time employees who have completed their introductory
period are eligible for a loan from the District to purchase a computer or upgrade their
computer system up to the loan limit. The computer must be compatible with District
equipment and software. Loans are due and payable upon termination of employment
for any reason. Refer to the detailed program materials or contact Information
Technology (IT) for additional information.
S. EMPLOYEE WELLNESS PROGRAM
The District is committed to providing employees with wellness services, information and
events that focus on their physical, mental and social well-being. The District offers
various methods of presenting wellness information such as lunch/learn speaker
seminars, monthly wellness newsletters, organized walks, and healthy food events to
improve employee health, morale and motivation. Two wellness rooms, including one
with weights and exercise equipment, are provided for the benefit of all employees. Use
of the wellness rooms are restricted to employees due to the District’s liability. Employees
may use the wellness rooms before work, during lunch & breaks, and after work. It is
recommended that employees use the wellness rooms when other employees are
present and during the hours of 5:00 am to 7:00 pm Monday through Friday in the event
of an emergency. Employees should check with their personal physician prior to starting
an exercise routine.
T. EMPLOYEE RECOGNITION
The District’s Employee Recognition Program recognizes employees in a variety of ways
for their personal and team contributions in support of the District’s Mission and Vision.
The program is designed to create a culture of employee recognition; improve the
working environment and employee morale; motivate employees to be successful; and
acknowledge achievements. Refer to the Employee Recognition Program for more
information.
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U. JOB SHADOW PROGRAM
The District’s Job Shadow Program facilitates communication between departments,
promotes teamwork, and may assist employees with changing careers or advancement.
The program is designed to broaden perspective and knowledge of the District by
allowing employees to ‘shadow’ employees for a limited period in other positions and/or
departments. The program is voluntary, and employee’s pay remains unchanged during
participation. Employees who have completed their introductory period may request to
participate in the District’s Job Shadow Program. Supervisor approval is required and
requires coordination with the supervisor of the requested position/department.
Participation in the program and the requested position/department
is at the discretion of the District.
V. SAFETY FOOTWEAR AND EYEWEAR
Employees who are required to wear safety footwear on the job may request a voucher
or reimbursement. Employees must have prior approval from their supervisor and the
Safety department. Employees who require corrective prescription glasses and work in
an environment or location where eye and face hazards are present may receive a
voucher or reimbursement for safety prescription eyewear. See the Personal Protective
Equipment Policy for further information.
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SECTION VII - PAID TIME OFF AND LEAVES OF ABSENCE
A. VACATION LEAVE
The District provides paid vacation leave and encourages employees to take vacation
each year. Requests for vacation leave should be made in advance and require
supervisor approval with due consideration being given to the desires of the employee
and operational needs of the department. Vacation cannot be taken before it is earned;
however, employees may request to use vacation hours that will accrue during the pay
period when they will be on vacation.
Vacation leave accrues from the first day of employment according to the chart below:
Full time employees assigned to a definite schedule of 80 hours per pay period accrue
vacation leave as shown below. At the discretion of the General Manager, new
employees with prior tenure at public agencies may begin accrual at a higher annual rate,
not to exceed the accrual rate at the employee’s prior public employer up to a maximum
of 120 hours annually. Full time employees assigned to work a defined schedule of less
than 80 hours per pay period (including an approved temporary reduced schedule or an
approved leave of absence) accrue vacation leave on a prorated basis.
Employees Hired With 80 Hours Starting Accrual
Completed Fiscal Years Annual Accrual Hours Hours Per Pay Period
0 – 2 80 3.077
3 – 4 96 3.692
5 – 10 120 4.615
11 – 15 160 6.154
16+ 176 6.769
Employees Hired With 96 Hours Starting Accrual
Completed Fiscal Years Annual Accrual Hours Hours Per Pay Period
0 – 2 96 3.692
3 – 8 120 4.615
9 – 13 160 6.154
14+ 176 6.796
Employees Hired With 120 Hours Starting Accrual
Completed Fiscal Years Annual Accrual Hours Hours Per Pay Period
0 – 5 120 4.615
6 – 10 160 6.154
11+ 176 6.769
The maximum accrual of vacation leave is two times (2x) the employee’s annual accrual
rate or 240 hours, whichever is greater. When an employee has reached the maximum,
no further vacation hours are accrued until the employee takes enough time off to reduce
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the accrued vacation hours below the maximum. In the event of separation from
employment with the District, employees receive payment for unused vacation leave.
B. VACATION SELL BACK AND CASH OUT
The District allows vacation sell back twice a year in June and December as follows in
compliance with IRS regulations. Employees may request to sell back up to 80 hours of
accrued vacation leave each calendar year provided: (1) a minimum of one week’s
vacation (40-hours) was used in the 12-month period prior to the cash out, or if otherwise
approved at the General Manager’s discretion, and (2) the election is made on a timely
basis. Elections will be considered timely if they are made to Payroll by the last working
day of the month for the designated cash out (June election for December cash out and
December election for June cash out). The amount cashed out will be limited to the leave
accrued and unused during the half of the year from which the vacation will be cashed
out (January through June, or July through December), as of the date of payment.
Elections do not carry-forward and must be made semi-annually. The vacation leave
elected to be cashed out will be included in the last paycheck of the designated cash out.
In addition to the above elections to cash out, employees may be permitted to cash out
additional accrued vacation leave based upon “unforeseeable emergency” in accordance
with IRS restrictions. Unforeseeable emergency means a financial emergency caused by
an extraordinary and unforeseeable event beyond the employee’s control that will result
in a severe financial hardship if a cash payment is not made, as determined in
accordance with IRS and Treasury regulations. For example, an unforeseeable
emergency may be medical expenses resulting from an illness or accident, funeral
expenses, rebuilding a home following damage not covered by insurance, and imminent
foreclosure or eviction from primary residence. If an employee experiences an event
believed to be an unforeseeable emergency, an unforeseeable emergency vacation
cash-out request form may be submitted with supporting documentation (e.g. bills,
receipts, financial documents, etc.) to Human Resources. The General Manager will
review the employee’s form, supporting documentation, and based on all of the facts and
circumstances, determine whether an unforeseeable emergency exists within ten (10)
business days from the date the form is submitted. The General Manager’s decision will
be final. The amount of vacation time that can be cashed out is limited to the amount the
General Manager determines is necessary to resolve the unforeseeable emergency.
cash out of accrued vacation. To request a vacation cash out due to unforeseeable
emergency, the employee must have used at least one week’s vacation in the previous
year. Only one request for vacation cash out due to unforeseeable emergency can be
made per year.
C. HOLIDAYS
The District provides employees with paid time off for the holidays listed below and
defined number of hours for floating holidays per fiscal year determined by the MOU. If a
holiday falls on Saturday or Sunday, the preceding Friday or following Monday is
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observed. When the observed holiday falls on an employee’s regular workday off, an
alternate day off may be taken within the same pay period (unless the employee is
assigned to a definite schedule of less than 80 hours per pay period). Floating holiday
hours may be taken in increments of less than a full day; floating holiday hours not taken
by the end of the fiscal year are forfeited and do not carry-over to the next fiscal year.
Full time employees assigned to a definite schedule of 80 hours per pay period receive
holiday pay of eight (8) or nine (9) hours on the observed holiday or their alternate day
off. Full time employees assigned to work a defined schedule of less than 80 hours per
pay period (including an approved temporary reduced schedule or approved leave of
absence) and part time employees receive holiday pay and floating holiday hours on a
prorated basis, not to exceed the number of hours in their regular scheduled work day
that falls on an observed holiday.
Holidays observed by the District are as follows:
New Year’s Day, January 1
President’s Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Veteran’s Day, November 11
Thanksgiving Day, fourth Thursday in November
Day after Thanksgiving, Friday after Thanksgiving Day
Christmas, December 25
Refer to the MOU for any additional negotiated holidays (observed or floating).
D. SICK LEAVE
Paid sick leave is provided by the District to all employees and may be used for the
employee’s actual sickness, disability, or medical appointment; if a victim of domestic
violence, sexual assault, or stalking; or to attend to the illness of a child, parent, spouse,
registered domestic partner, grandparent, grandchild, sibling, or parent of the employee’s
spouse or registered domestic partner.
Full time employees assigned to a definite schedule of 80 hours per pay period accrue
sick leave at the rate of eight (8) hours for each calendar month of service. Full time
employees assigned to work a defined schedule of less than 80 hours per pay period
(including an approved temporary reduced schedule or an approved leave of absence),
part time employees, and temporary District employees accrue sick leave on a prorated
basis.
The maximum accrual of sick leave is 1040 hours except for those employees who have
a higher cap due to their sick leave balance as of June 30, 2019, as provided for in the
MOU. Once an employee reaches the sick leave cap, additional sick leave will
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automatically be cashed out at a ratio of one hour of pay for every two hours of sick leave
time, based on the employee’s hourly rate at the time of cash out.
The number of sick leave days credited is not intended to establish a guideline for
acceptable attendance. Examples of sick leave abuse include but are not limited to:
failure to notify supervisor within established time limits, frequent absences on Friday
and/or Monday, maintaining low or zero sick leave balances, frequent absences prior to
or following a holiday, or any pattern of absences that can be identified by a review of
sick leave usage. Employees suspected of sick leave abuse may be required to provide a
doctor’s note. Misrepresenting reasons when requesting leave may be grounds for
discipline.
If an employee separates from employment with less than five years of service, the
District will pay twenty-five percent (25%) of the employee’s accrued sick leave. If an
employee separates from employment with more than five years of service, the District
will pay fifty percent (50%) of the employee’s accrued sick leave. Upon retirement from
the District, the employee may cash out sick leave as indicated and/or convert sick leave
to service credit per the CalPERS contract.
E. BEREAVEMENT LEAVE
Full-time employees are eligible to take up to five (5) working days in the event of the
death of a member of the employees’ immediate family. For the purposes of this benefit,
immediate family includes employee’s spouse, child, registered domestic partner,
stepchild, foster child, parent, stepparent, legal guardian, foster parent, grandparent,
grandchild, sibling, stepbrother, stepsister, and parents-in-law. The District will provide
paid leave for five (5) working days per year and beyond those five days, an employee
may use sick leave, compensatory time off, or vacation time for bereavement leave.
F. SCHOOL ACTIVITY LEAVE
Eligible employees may take up to 40 hours each school year (not to exceed one
workday in any calendar month) to participate in the school activities of a child, for school
emergencies, or to find, enroll, or re-enroll a child in school or with a childcare provider.
Eligible employees include parents, guardians, or grandparents having custody of one or
more children in kindergarten or grades one to twelve. Employees must use accrued
vacation or compensatory time off. If accrued leave is not available, leave without pay
may be used with the General Manager’s approval. Employees planning to take time off
for school activities must give reasonable notice to their supervisor. If both parents are
employed by the District, the first employee to request the leave will receive the time off.
The other parent will receive the time off only if the leave is approved by the supervisor.
Employees may be required to provide documentation from the school.
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G. TIME OFF TO VOTE
Employees who are registered voters may request time off to vote in an official state-
sanctioned election if the employee does not have enough time outside of his or her
regular work hours to vote. Given the District’s work schedules, employees should have
time before or after work to vote. If an employee’s work schedule prevents them from
being able to vote during the polling hours, the employee may, without loss of pay, take
up to two hours of time off to vote. The time off for voting will be only at the beginning or
end of the regular work shift, whichever allows for more free time to vote and least time
off work. The employee requesting time off to vote will give the supervisor at least two
days’ notice.
H. JURY DUTY OR WITNESS LEAVE
Employees will receive full pay for jury duty or witness leave, provided their jury duty or
witness pay is turned over to the District. The District may request that employees apply
to the Court for a postponement of jury duty if their absence would be detrimental to the
District. Employees must notify their supervisor immediately when a jury duty notice or
subpoena is received. Employees will continue to receive their regular District paycheck
for the duration of such service but must maintain the timecard provided by the Court and
any pay received must be turned over to the District. If employees are excused for any
part of a day, they must contact their supervisor. With supervisor approval, employees
may take the rest of the day off work using paid leave.
I. MILITARY LEAVE
Employees who participate in military service or military reserve organizations are eligible
for benefits under state or federal laws or regulations applicable to public agencies. If an
employee is involuntarily called to active duty, in addition to legal requirements, the
District will supplement military pay up to the difference between military pay and the
employee’s regular gross biweekly pay without overtime for up to one year. The District
will also continue health, dental, and vision insurance for the employee and dependents;
continue life and long-term disability insurance for the employee; pay equivalent
retirement contributions; and continue retirement service credit and leave accruals for up
to one year. If the involuntary active duty extends past one year, the Board will review the
extension of pay and benefits on a case-by-case basis.
J. LEAVE FOR VICTIMS OF VIOLENT CRIMES, DOMESTIC ABUSE, OR STALKING
Employees may take protective time off to 1) appear in court to comply with a subpoena
or other court order as a witness in any judicial proceeding; 2) seek medical or
psychological assistance; or 3) participate in safety planning to protect against further
assaults. Victim is any person who suffers direct or threatened physical, psychological,
or financial harm as a result of the commission or attempted commission of a crime or
delinquent act, and includes the spouse, parent, child, sibling, or guardian of the person.
Employees using this leave may use any leave accrual. Employees taking this leave
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must give reasonable notice, or in cases of unscheduled or emergency circumstances,
provide written proof of the absence within a reasonable time afterward.
K. FAMILY AND MEDICAL LEAVE
State and federal family and medical leave laws provide up to 12 work weeks of unpaid
family/medical leave within a designated 12-month period for certain medical and family
issues. Federal law also provides up to 26 work weeks of unpaid leave for qualifying care
of a servicemember. Refer to the Family and Medical Leave Policy for more information.
L. PREGNANCY DISABILITY LEAVE (PDL)
Pregnancy disability leave is a state law that provides a maximum of four months (17 1/3
weeks) of leave for any period of actual disability related to childbirth or pregnancy
including severe morning sickness and for prenatal care. Duration of the PDL is
determined by the duration of the actual disability, as supported by a medical certification.
Refer to the Family and Medical Leave Policy for more information.
M. LEAVE WITHOUT PAY
Leave without pay for other than medical reasons may be granted by the General
Manager for a period not to exceed 20 workdays, or by the Board in excess of 20
workdays. All leave accruals except for sick leave must be exhausted prior to requesting
leave without pay.
N. MEDICAL LEAVE WITHOUT PAY
An employee requiring leave due to a disability resulting from illness or other medical
condition, including pregnancy, miscarriage, and childbirth, who is not otherwise eligible
for Family and Medical Leave, Worker’s Compensation, Pregnancy Disability Leave or
other protected leave, may request medical leave without pay as a reasonable
accommodation (Refer to the Reasonable Accommodation Policy for additional
information). The request should be made in writing and submitted to Human Resources.
The District will approve medical leaves without pay when it would be a reasonable
accommodation. All accrued benefits including sick leave, vacation, comp time, and
holidays must be exhausted before medical leave without pay will be considered.
Medical leave without pay is a maximum four-month period which can be used after sick
leave and vacation have expired to preserve regular job status. Health insurance will be
paid by the District as if employee remained actively working during unpaid medical
leave, one (1) month for every year of service to a maximum of four (4) monthly premium
payments. Thereafter, the employee is responsible for making premium payments to the
District. Leave entitlements and service credit do not accrue during medical leave or any
other time when salary is not being received. Regular employment status may be
extended during a period of temporary total disability resulting from an accepted industrial
accident workers’ compensation claim.
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If unable to return to work at the end of medical leave without pay, the employee will be
considered on inactive status until no longer disabled. The District will evaluate requests
for continued unpaid leave as a request for reasonable accommodation. Continuation of
medical coverage will be made available through COBRA. The District will make every
effort to re-employ persons who have been on inactive status. Re-employment to a
suitable vacant position for which the employee qualifies will depend upon the physical
ability to perform the essential function of the job, provided management recommends re-
employment. Employees rehired after a disability may use previous service for earning
vacation.
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SECTION VIII - EMPLOYER-EMPLOYEE RELATIONS POLICY
A. STATEMENT OF PURPOSE
This Employer-Employee Relations Policy (“EERP”) implements the Meyers-Milias-Brown
Act (“MMBA”) (Government Code section 3500, et seq.) by providing orderly procedures
for the administration of employer-employee relations between the District and its
employee organizations.
Employees have the right to form, join or participate (as well as the right to refuse to
participate) in the activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee relations including, but
not limited to, wages, hours and other terms and conditions of employment. Employees
have the right to represent themselves individually in their employment with the District
regarding discipline, grievances, or terminations, and may do so upon filing a written
statement with the District Secretary. Employees will not be discriminated against,
interfered with, intimidated, restrained, or coerced (by either the District or any employee
organization) because they join and participate in the activities of an employee
organization, because they refuse to join and participate in the activities of an employee
organization, or because they represent themselves individually in their employment
relations with the District.
The purpose of this EERP is to provide procedures for meeting and conferring in good
faith with Exclusively Recognized Employee Organizations regarding matters within the
scope of representation, which includes all matters relating to employment conditions and
employer-employee relations, including, but not limited to, wages, hours, and other terms
and conditions of employment. The scope of representation, however, shall not include
consideration of the merits, necessity, or organization of any service or activity provided
by law or established by the District. The District shall retain any and all legal or inherent
exclusive rights regarding matters of legislative or managerial policy, including but not
limited to: determine the mission of its departments and boards; set standards of service;
determine the procedures and standards of selection for employment; direct its
employees; take disciplinary action; relieve its employees from duty because of lack of
work or for other lawful reasons; determine the content of job classifications; maintain the
efficiency of District operations; determine the methods, means and personnel by which
government operations are to be conducted; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its
organization and the technology of performing its work.
B. DEFINITIONS
As used in this EERP, the following terms shall have the meanings indicated:
1. “Appropriate unit” means a unit of employee classes or positions, established
pursuant to the MMBA.
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2. “District” means the Vallecitos Water District, and, where appropriate herein,
refers to the District Board of Directors or any duly authorized District
representative as herein defined.
3. “Confidential Employee” means an employee who, in the course of his or her
duties, has access to confidential information relating to the District’s
administration of employer-employee relations.
4. “Consult/Consultation in Good Faith” means to communicate orally or in writing
with all effected recognized employee organizations for the purpose of presenting
and obtaining views or advising of proposed actions in a good faith effort to reach
a consensus; and, as distinguished from meeting and conferring in good faith
regarding matters within the required scope of the meet and confer process, does
not involve an exchange of proposals and counterproposals in an endeavor to
reach agreement in the form of a Memorandum of Understanding, nor is it subject
to this EERP’s impasse procedures, starting with Section “S” of this EERP
(INITIATION OF IMPASSE PROCEDURES).
5. “Employee Relations Officer” means the District General Manager, or his/her duly
authorized representative, designated by the Board of Directors to meet and
confer with employee organization representatives and with employees who have
filed a statement for individual representation.
6. “Exclusively Recognized Employee Organization” means an employee
organization which has been formally acknowledged by the District as the sole
employee organization representing the employees in an appropriate
representation unit pursuant to the MMBA, having the exclusive right to meet and
confer in good faith concerning statutorily required subjects pertaining to unit
employees, and thereby assuming the corresponding obligation of fairly
representing such employees. Such recognition status may only be challenged by
another employee organization as set forth in the MMBA.
7. “Impasse” means that the representatives of the District and a Recognized
Employee Organization have reached a point in their meeting and conferring in
good faith on a matter within the scope of representation where their differences
remain so substantial and/or prolonged that further meeting and conferring would
be futile.
8. “Management Employee” means an employee having responsibility for
formulating, administering or managing the implementation of District policies and
programs.
9. “Supervisory Employee” means any employee having authority, in the interest of
the District, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees, or responsibly to direct them, or to adjust
their grievances, or effectively to recommend such action if, in connection with the
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foregoing, the exercise of such authority is not of a merely routine or clerical
nature, but requires the use of independent judgment.
10. Terms not defined herein shall have the meanings as set forth in the MMBA.
C. REASONABLE TIME OFF TO MEET AND CONFER
The Association may select no more than two (2) employee members of the Association
to attend scheduled meetings with the Employee Relations Officer on subjects within the
scope of representation during regular work hours without loss of compensation. Where
circumstances warrant, the General Manager may approve the attendance at such
meetings of additional employee representatives without loss of compensation.
Association Officers, committee members, and volunteers for Association events must
record that time on their timecards using labor code EA. Employees should give their
supervisors as much notice as possible in order to plan their work day.
D. APPROPRIATE UNIT
Notwithstanding the provisions of the MMBA for determination of appropriate units,
managerial, supervisory and confidential responsibilities, as defined in Section “B” of this
EERP (DEFINITIONS), are determining factors in establishing appropriate units
hereunder, and therefore the District reserves the right to designate such managerial,
supervisory and confidential employees to only be included in a unit that consists solely
of managerial, supervisory and confidential employees. Managerial, supervisory and
confidential employees may not represent any employee organization which represents
other employees.
E. ADMINISTRATIVE RULES AND PROCEDURES
The Employee Relations Officer is hereby authorized to establish such rules and
procedures as appropriate to implement and administer the provisions of this EERP after
consultation with affected employee organizations.
F. INITIATION OF IMPASSE PROCEDURES
If the meet and confer process has reached impasse as defined in Section “B” of this
EERP (DEFINITIONS), either party may initiate the impasse procedures by filing with the
other party a written request for an impasse meeting, together with a statement of its
position on all issues. An impasse meeting shall then be scheduled promptly by the
Employee Relations Officer. The purpose of such meeting shall be:
1. To review the position of the parties in a final effort to reach agreement on a
Memorandum of Understanding or other matter within the scope of representation
as required by law; and
2. If the impasse is not resolved, to discuss arrangements for the utilization of the
impasse procedures provided herein.
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G. IMPASSE PROCEDURES
Impasse procedures are as follows:
1. If the parties agree to submit the dispute to mediation, and agree on the selection
of a
2. mediator, the dispute shall be submitted to mediation. All mediation proceedings
shall be private. The mediator shall make no public recommendation, nor take any
public position at any time concerning the issues.
3. Otherwise, the parties will utilize any other impasse procedures provided in
accordance with the MMBA.
4. After any applicable impasse procedures pursuant to the MMBA have been
exhausted, the District Board may hold a public hearing regarding the impasse
and take such action regarding the impasse as it in its discretion deems
appropriate for the public interest, including implementation of the District’s last,
best and final offer. Any legislative action by the District Board on the impasse
shall be final and binding.
H. COSTS OF IMPASSE PROCEDURES
The cost for the services of a mediator and other mutually incurred costs of any impasse
procedures, shall be borne equally by the District and Exclusively Recognized Employee
Organization. The cost for other separately incurred services or costs shall be borne
separately by each party.
I. CONSTRUCTION
This Resolution shall be administered and construed as follows:
1. Nothing in this EERP shall be construed to deny to any person, employee,
organization, the District, or any authorized officer, body or other representative of
the District, the rights, powers and authority granted by federal or state law.
2. This EERP shall be interpreted so as to carry out its purpose as set forth in
Section “A” of this EERP (STATEMENT OF PURPOSE).
J. SEVERABILITY
If any provision of this EERP, or the application of such provision to any persons or
circumstances, shall be held invalid, the remainder of this EERP, or the application of
such provision to persons or circumstances other than those as to which it is held invalid,
shall not be affected thereby.
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K. ADOPTION OF EERP
The District Board will adopt this EERP after the meet and confer with the District and the
existing employee organizations consultation in good faith with existing employee
organizations, serving as the exclusive representative of District employees within an
appropriately defined bargaining unit.
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SECTION IX - DISTRICT RIGHTS
The District retains, solely and exclusively, the prerogative to change, modify, or rescind District
ordinances, resolutions, rules, and regulations.
A. SPECIFIC DISTRICT RIGHTS RESERVED
The sole and exclusive rights of management which are not abridged by resolution or
ordinance will include, but not be limited to, the following:
1. The right to determine the existence or nonexistence of facts which are the basis
for a management decision.
2. The right to determine the nature, manner, and extent of services to be provided to
the public and the methods of financing and types of equipment to be used.
3. The right to establish, continue, discontinue, or modify policies, practices, or
procedures.
4. The right to determine, and to re-determine from time to time, the number,
location, relocation, and types of its operations; the methods, processes, and
materials to be employed, including the right to introduce new or improved
methods or facilities; to discontinue processes or operations; or to determine the
number of hours per day or week operations will be carried on and the schedules
of or work thereof.
5. The right to select, determine, and schedule the number and types of employees
required.
6. The right to assign work to such employees in accordance with requirements
determined by management.
7. The right to establish and change work schedules and assignments.
8. The right to transfer, reclassify, promote, or demote employees; to lay off,
terminate, or otherwise relieve employees from duty; and to determine the facts of
lack of work.
9. The right to make and enforce safety and work rules for the maintenance of
discipline.
10. The right to determine the exempt or nonexempt status of employees within
regulatory requirements.
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11. The District will reserve all other prerogatives and responsibilities normally
inherent in management, provided the same are not contrary to any ordinance or
law in force and effect.
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SECTION X - DISCIPLINE
Nothing in this policy changes the at-will nature of employees’ employment with the District.
Employee discipline is intended to be corrective in nature with the objective of obtaining
compliance with rules, orders, procedures, standards of conduct, and competent job
performance.
A. TYPES OF DISCIPLINE
Disciplinary procedures may include, but are not limited to, oral reprimand, written
reprimand, suspension from duty without pay up to a maximum period of two weeks,
reduction of pay, demotion, or termination. Supervisors may issue oral or written
reprimands. All other forms of disciplinary actions are reserved for decision by the
General Manager or designee.
Disciplinary action is normally based upon, but not limited to, violations of District policies
and the Standards of Conduct. In some situations, Supervisors may utilize counseling
and guidance of employees, including referral to the Employees Assistance Program,
prior to resorting to disciplinary action.
Oral reprimands and written reprimands are subject to review under grievance
procedures. Suspension from duty without pay, reduction in pay, and demotion imposed
by written notice to the employee stating the reason(s) are subject to review under
procedures for reconsideration by the General Manager see the Termination Procedure.
The General Manager’s decision on reconsideration is final. Termination for cause is
subject to review under the Termination Procedures.
B. CORRECTIVE ACTIONS
It is not always necessary that the corrective action process commence with an oral
reprimand or include every step. The above options are not to be seen as a process in
which one step always follows another. Some actions, particularly those that are
intentional or serious, warrant more severe action on the first or subsequent offense.
Consideration will be given to the seriousness of the offense, the intent and action of the
individual, and the environment in which the offense took place. Management has the
right to use any or none of the corrective steps, in its sole discretion.
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SECTION XI - GRIEVANCE PROCEDURES
The formal grievance procedure provides employees with a means by which a complaint,
decision, or problem is formally reviewed, and an answer or decision is given at progressively
higher management levels. The formal grievance procedure is designed to supplement, not
replace, routine methods of responding and settling employee problems. No supervisor will
discourage employees from the use of the formal grievance procedure.
All regular employees may use the formal grievance procedure. The employee may choose a
representative to assist in presenting the grievance.
The grievance must be in writing and should include:
• A statement of the District’s policy, rules, or practices involved.
• A statement of the facts and events involved in the matter.
• An explanation of how the employee has been adversely affected.
• A statement of the corrective action requested and the reason the action is appropriate.
When warranted by unusual circumstances (illness, extended absences, etc.), the General
Manager may extend the time limits indicated in the steps below.
Step 1
The employee will present the written grievance to the immediate supervisor within five (5)
workdays of the day on which the grievance arises or becomes known to the employee. The
supervisor will respond in writing within seven (7) workdays and include the employee the
reason for the decision.
In this step, the supervisor will give the employee a full opportunity to explain the grievance and
review all aspects of it. The supervisor will make all efforts to give a prompt answer; however, if
more information is necessary or if the grievance involves a matter beyond the supervisor’s
authority, the supervisor will ensure that the problem is brought to the attention of the person
with the responsibility to make such a decision. The supervisor will ensure the employee is
aware of the right to proceed to Step 2.
Step 2
If the employee is not satisfied with the supervisor’s reply in Step 1 and chooses to proceed to
Step 2, the employee must present the written grievance to the Department Head within five (5)
workdays of receipt of the response. The Department Head will respond in writing within seven
(7) workdays.
Step 3
If the employee is not satisfied with the departmental reply in Step 2 and chooses to proceed to
Step 3, the employee must present the written grievance to the General Manager or Acting
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General Manager within five (5) workdays. The General Manager will review the previous
decisions and respond in writing within ten (10) workdays. The decision of the General
Manager is final.
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SECTION XII - TERMINATION PROCEDURES
The availability of and the access to the termination procedure does not alter the at-will
employment status of District employees. Except in an emergency, the following procedure will
be followed:
A. WRITTEN NOTICE AND SEVERANCE PAY
The employee will be provided a written notice with the effective date of termination and
the application review provisions. The reasons for the termination may be stated in the
termination notice provided that the reason(s) have been documented in the disciplinary
termination filed in the employee’s personnel file.
Except for disciplinary termination, regular employees, at the discretion of the General
Manager, may be provided severance pay as follows: Up to two weeks of severance pay
for two through five years of service; and, up to one month of severance pay for over five
years of service. Acceptance of severance pay is a waiver of the right to request
reconsideration of the termination and requires a signed waiver and release.
B. EMPLOYEE’S REQUEST FOR RECONSIDERATION
An employee, other than an introductory employee, may request that the General
Manager reconsider the decision to terminate the employee for cause (disciplinary
termination). The request for reconsideration must be submitted in writing within fourteen
(14) days after the notice of termination has been mailed to the employee or personally
delivered to the employee. In the event the request is not received within this period, the
opportunity to request reconsideration will be waived.
A request for reconsideration must be in writing and must contain the following:
• The reason that reconsideration is requested.
• A summary of the factual information supporting the reasons for the request
including written statements of other people and any documents to be considered.
The General Manager will determine if a hearing is appropriate and notify the employee,
see Closed Session Hearing Section.
C. CLOSED SESSION HEARING
The General Manager will conduct the hearing in closed session, unless determined
otherwise. The employee will be entitled to have representation to assist in the
presentation of the request for reconsideration. The General Manager may designate a
person to present the District’s position with respect to the termination. The employee
has the burden of proving that the initial decision to terminate the employee should be
reversed and the employee should be retained by the District.
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The hearing will be conducted in an informal manner; the General Manager will make the
appropriate rulings with respect to procedure and the admission of evidence or
information for consideration. The District and the employee will have the right to produce
evidence and witnesses and to cross-examine witnesses. The hearing may be recorded
and transcribed. The District will pay for the initial costs incurred for Court Reporter’s
services and the preparation of the record. If the employee desires a copy of the
transcript, the employee must pay for that copy. The General Manager will notify the
employee of the decision in writing. The time limit for judicial review of the final decision
of the General Manager pursuant to the Code of Civil Procedure #1094.6 and District
Judicial Review runs from the date the notice is deposited in the mail.
D. WAIVER OF RECONSIDERATION
A failure to request reconsideration in the manner set forth above, acceptance of
severance pay (in the case of a non-disciplinary termination), or failure of the employee
to appear at the time and place of the hearing will be deemed a waiver by the employee
of reconsideration by the General Manager and acceptance of the termination.
E. PETITION TO THE DISTRICT BOARD OF DIRECTORS
An employee has thirty (30) days from the postmarked date of the General Manager’s
decision to petition the District Board of Directors for review of the General Manager’s
decision. In the event the Board of Directors determines that a review is appropriate, the
examination will be based on the record of the General Manager’s action.
In the event the Board of Directors denies the petition or determines after review to
sustain the General Manager’s decision, the time limit for judicial review of the Board’s
decision pursuant to Code of Civil Procedure #1094.6 and District Judicial Review runs
from the date the notice is deposited in the mail. The Board will notify the employee in
writing of the Board’s decision.
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SUPPLEMENT # 1
RECRUITMENT AND SELECTION POLICY
Introduction
The District is an equal employment opportunity employer committed to hiring qualified
applicants that can fulfill the District’s mission of providing highly exceptional and sustainable
services to the public. This policy provides an impartial, standardized process for recruitment
and selection. Current employees are encouraged to apply for positions for which they are
qualified. Recruitments are conducted by Human Resources unless the District contracts with a
firm to assist with a particular position.
Policy
Vacant positions or newly created positions will be publicized by posting job announcements on
the District’s website and other methods necessary to recruit a sufficient pool of qualified
candidates. Job announcements include the job title, compensation range, filing deadline,
description of essential functions, required knowledge, skills, and abilities, ideal candidate
description, physical demands, work environment, and minimum qualifications. Upon request,
reasonable accommodation, in accordance with the Americans with Disabilities Act (ADA) and
other relevant laws, will be extended to all applicants throughout the examination process.
All applicants must submit a completed District employment application; resumes are not
accepted in lieu of an application. Employment applications are only accepted when there is an
announced and posted vacancy. Applications must be received by the deadline posted in the
job announcement. The District will reject any application which indicate on its face that the
applicant does not possess the minimum qualifications required for the position, failed to provide
or mispresented any factual information required, or does not have a legal right to work in the
United States. All applications are reviewed, and all candidates notified of their status.
The examination process is job related for the specific vacancy to fairly measure the relative
capabilities of a candidate to perform the essential functions of the position. Objective selection
criteria may include, but are not limited to: minimum qualifications, employment application, oral
interviews, written exams, and performance tests, or any combination of these criteria.
Background investigations are conducted and may include verification of employment history,
education, and other required credentials; supervisor reference checks; motor vehicle record;
and credit history (if applicable).
After the position specific examination process is complete, a conditional offer of employment
may be extended to the selected candidate(s). The conditional offer is contingent upon a
criminal conviction check and medical exam, which may include a drug screen. The medical
exam is based on the physical requirements of the position and is scheduled after all other
testing and assessments are completed.
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Criminal convictions are not an absolute bar from employment. In the event the District decides
an offer will be rescinded following an individualized assessment of a conviction and the
position, all required notifications and response timelines will be followed per California state
law.
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SUPPLEMENT # 2
DIVERSITY, EQUITY AND INCLUSION POLICY
Introduction
The District is committed to fostering, cultivating, and preserving a culture of diversity, equity,
and inclusion. Management believes that the collective sum of the individual differences, life
experiences, knowledge, self-expression, and unique capabilities that employees invest in their
work represents a significant part of not only the District’s culture, but our reputation and
achievements. Diversity, Equity, and Inclusion is an ongoing goal, and the District is committed
to adjust initiatives in response to employee concerns as quickly as possible through a
transparent process of analysis followed by appropriate action.
Policy
All employees of Vallecitos Water District have a responsibility to always treat others with dignity
and respect. All employees are expected to exhibit conduct that reflects inclusion during work, at
work functions both on or off the work site, and at all other District-sponsored and participative
events. This includes following the District’s Discrimination/Harassment/Retaliation Prevention
Policy. All employees are also required to attend and complete diversity awareness training to
enhance their knowledge to fulfill this responsibility.
Diversity and anti-harassment practices apply in many aspects of District policy, including, but
not limited to, recruitment and selection; compensation and benefits; professional development
and training; promotions; social and recreation events. The District has implemented practices
to ensure that the District is attracting and retaining a diverse group of applicants and
employees, as well as improving a sense of inclusion in the daily workplace. Examples include:
Budget for equipment needs in the event of a disability accommodation;
Plan employee events with employee differences in mind – disabilities, cultural food
restrictions, etc.;
Periodic employee engagement surveys; exit interviews;
Comprehensive Discrimination/Harassment/Retaliation Prevention Policy, including
complaint procedures; timely disciplinary action when complaints are found to be
validated.
In addition to the above, Human Resources takes measures to eliminate both explicit and
implicit bias in the hiring process. These actions include:
Human Resources staff regularly attends training on bias and diversity.
Periodic assessments of demographics in comparison to local labor market
Removal of non-inclusive language from job descriptions and announcements.
Ensures consideration of reasonable accommodation requests for any step of the hiring
process.
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Widespread recruitment advertising, focused advertising to demographics with lower
District representation
Applications reviewed for the experience, knowledge, skills, and abilities stated in the job
description and ideal candidate descriptions.
Blind Screening - Personally Identifiable Information (PII) is redacted prior to Subject
Matter Experts’ review applications and/or resumes. Supervisors do not receive
unredacted applications and/or resumes until after candidates are selected for an
interview. This includes:
o Names, Home Address, Gender
o Schools Attended and Graduation Dates
o Languages Spoken, unless relevant to the position
o Affiliations to Groups, Clubs, or Organizations that could indicate PII
o Links to personal profiles on job search sites, such as LinkedIn
o Any other information Human Resources staff considers necessary for a fair and
impartial review
Utilization of outside panelists for interviews
Criminal history is not asked about or considered until a conditional offer has been made,
in accordance with applicable law. A criminal conviction is not an automatic bar to
employment, and many factors will be considered prior withdrawing an offer.
Medical information obtained during a pre-employment physical is not given to the District
but reviewed by a 3rd party. Work restrictions will be considered and will not eliminate a
candidate unless there are no reasonable accommodation that will allow the candidate to
perform the essential functions.
Our commitment to diversity, equity, and inclusion is integral to our mission and values. We
believe that fostering a diverse, equitable, and inclusive environment enhances our ability to
innovate, collaborate and succeed.
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SUPPLEMENT # 3
DISCRIMINATION, HARASSMENT, AND RETALIATION PREVENTION POLICY
Introduction
The District is committed to providing a work environment that is free of discrimination,
harassment, and retaliation. This policy establishes a complaint procedure by which the District
will investigate and resolve complaints of discrimination, harassment, and retaliation by and
against covered individuals. The District encourages all covered individuals to report any
conduct that they believe violates this policy as soon as possible.
Policy
The District prohibits discrimination against all employees based on any protected classification.
The District prohibits all forms of harassment of any employee volunteer, unpaid intern, or
independent contractors, based on any protected classification and sexual harassment. The
District will take all reasonable steps to prevent discrimination and harassment in the workplace.
No employee will be disciplined or retaliated against for complaining, or supporting the
complaint of another, regarding harassment or discrimination.
All employees of the District are subject to this policy and are expected to read, understand, and
fully comply with its provisions. Employees who violate this policy may be subject to discipline,
up to and including termination.
Definitions
Adverse Action: may include, but is not limited to, disciplinary action, counseling, shunning or
avoiding an individual, making real or implied threats, or spreading rumors or bullying.
Discrimination: adverse treatment based on an actual or perceived protected classification, or
because the individual associates with a person that is or is perceived to be a member of a
protected classification
Harassment: unsolicited and unwelcome behavior based on an actual or perceived protected
classification. Harassment can be written, verbal, physical, or visual, explicit or implied.
Harassment includes, but is not limited to, the following:
• Verbal Harassment: epithets, derogatory or vulgar comments or slurs; discriminatory
jokes; sexually oriented comments; unwanted sexual advances or invitations;
• Physical Harassment: hitting, pushing, or assault; unwanted touching; impeding or
blocking movement; other aggressive physical contact or threats, or any physical
interference with normal work;
• Visual Harassment: derogatory posters, cartoons, drawings, photographs, or
paraphernalia.
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Protected Activity: making a request for a disability accommodation; making a request for an
accommodation for religious beliefs; making a report or complaint of violations of policy;
opposing policy violations; participating in an investigation; and any other activity protected by
law.
Protected Classification: ancestry • age (40 and above) • color • disability (physical,
developmental, mental health/psychiatric, HIV and AIDS) • genetic information • gender
expression • gender identity • marital status • medical condition (genetic characteristics, cancer,
or a record or history of cancer) • military or veteran status • national origin (includes language
restrictions and possession of a driver’s license issued to undocumented immigrants) • race
(includes hair texture and hairstyles) • religion/creed (includes religious dress and grooming
practices) • reproductive health decision-making • sex/gender (includes pregnancy, childbirth,
breastfeeding and/or related medical conditions) • sexual orientation.
Retaliation: adverse action against an employee because of the employee’s protected activity.
Sexual Harassment: Sexual harassment is any unwelcome sexual advances, requests for
sexual favors or conduct of a sexual nature when:
• Such conduct is offensive to a reasonable person. The conduct does not need to be
motivated by sexual desire or directed at the person who makes the complaint; and
• Submission to such conduct is explicitly or implicitly a term or condition of
employment; or
• Submission to or rejection of such conduct is used as the basis for decisions affecting
that individual, or
• Such conduct has the purpose or effect of unreasonably interfering with an
individual’s work performance, or creating an intimidating, hostile, or offensive work
environment.
Required Training
All employees receive discrimination, harassment, and respect in the workplace training as
required by law and periodically as needed. Managers and supervisors are required to receive
2 hours of anti-harassment training every two years as required by law. In addition, new
managers and supervisors are required to receive anti-harassment training within 6 months of
appointment. All new employees receive anti-harassment training during orientation and every
2 years thereafter.
Reporting Harassment, Discrimination, or Retaliation
If you believe that you or another individual has been harassed, discriminated, or retaliated
against, you should promptly report the matter to Human Resources. Reports can also be made
to the Assistant General Manager or the General Manager. Employees should use the
Discrimination/Harassment/Retaliation Complaint form, and include details of the incident,
names of individuals involved, and the names of any witnesses.
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Supervisors observing such harassment shall take immediate action to stop such behavior and
report the incident immediately to the General Manager.
Complaint Process
All complaints of discrimination, harassment and harassment will be promptly investigated. The
investigation will be prompt, thorough and impartial. The investigation will include an interview
of the complainant, interviews of other witnesses, and an interview of the accused employee.
The District will attempt to maintain confidentiality to the extent practicable but cannot guarantee
absolute confidentiality due to the need to investigate and the potential for disciplinary action.
The complainant will be kept informed on the progress of the investigation and notified of the
closure of the investigation.
If a complaint is determined to be valid, appropriate remedial or disciplinary action will be taken,
which may include termination of employment of any individual who is found to have violated
this prohibition against unlawful harassment, discrimination, or retaliation. Appropriate action
will also be taken to deter any future actions.
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SUPPLEMENT # 4
FRAUD PREVENTION POLICY
Introduction
The Vallecitos Water District (District) is committed to professional and ethical practices which
protect its assets against the risk of loss or misuse. The District will promptly investigate any
possibility of fraudulent or related dishonest activities and, when appropriate, pursue legal
remedies available under the law. This policy defines fraud and provides examples of acts that
are considered to be fraudulent; describes the steps to be taken when fraud or other related
dishonest activities are suspected; and provides procedures to follow in accounting for missing
funds, restitution and recoveries.
Policy
The District fully investigates any suspected acts of fraud, misappropriation, or other similar
irregularity. An objective and impartial investigation will be conducted regardless of the position,
title, length of service or relationship with the District of any party who might be the subject of
such an investigation, or become involved in such investigation.
Each District department manager and supervisor is responsible for instituting and maintaining a
system of internal control to provide reasonable assurance for the prevention and detection of
fraud. Managers and supervisors should be familiar with the types of fraud that might occur
within their area of responsibility and be on alert for any indications of such conduct.
For claims of fraud not involving the General Manager, the General Manager may appoint an
Internal Research Group and have primary responsibility for investigation of the activity covered
by this policy. For claims of fraud involving the General Manager, the President of the Board
may appoint an Internal Research Group and have primary responsibility for investigation of the
activity covered by this policy. The District’s General Counsel shall advise the General Manager
or the President of the Board on all such investigations.
The District will pursue every reasonable effort, including court ordered restitution, to obtain
recovery of District losses from the offender or other appropriate sources. All violations of this
policy are subject to appropriate corrective, disciplinary, and/or legal action, up to and including
termination.
DEFINITIONS
Fraud – Fraud includes but is not limited to:
a. Claim for reimbursement of expenses that are not job-related or authorized by the
District policies.
b. Misrepresentation, forgery, falsification, or unauthorized alteration of documents or
records, (including but not limited to checks, promissory notes, time sheets,
independent contractor agreements, purchase orders, budgets, etc.).
c. Misappropriation or theft of District assets (including but not limited to funds,
securities, supplies, furniture, equipment, tools, etc.).
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d. Inappropriate use of District resources (including but not limited to labor, time, and
materials).
e. Improprieties in the handling or reporting of money transactions.
f. Knowingly authorizing or receiving payment for goods not received or services not
performed.
g. Computer-related activity involving unauthorized alteration, destruction, forgery, or
manipulation of data or misappropriation of District-owned software.
h. Seeking or accepting anything of material value from those doing business with
the District including vendors, consultants, contractors, developers, lessees,
applicants, and grantees. Materiality is determined by the Fair Political Practices
Commission’s Gift and Honoraria limits each year.
i. Any other conduct, actions or activities treated as fraud or misappropriation under
any federal or state law, rule or regulation, or any apparent violation of any such
Federal or state law, rule or regulation.
Employee – any individual or group of individuals who receive compensation, either full- or part-
time, including the Board of Directors, from the District. The term also includes any volunteer
who provides services to, or trains with, the District through an official arrangement with the
District or a District organization.
Management – any manager, supervisor, or other designated individual who manages or
supervises District’s resources or assets.
Internal Research Group – If the claim of fraud involves anyone other than the District’s General
Manager, an Internal Research Group shall consist of the General Manager, the District’s Legal
Counsel and any other persons appointed to the Internal Research Group by the General
Manager.
If the claim of fraud involves the District’s General Manager, the Internal Research Group shall
consist of the President of the Board of Directors of the District, the District’s Legal Counsel and
those persons appointed to the Internal Research Group by the President of the Board. Nothing
contained in this policy shall be construed as requiring the General Manager or the President of
the Board to appoint other persons to the Internal Research Group.
Individuals appointed to the Internal Research Group by the General Manager or the President
of the Board other than the District’s Legal Counsel shall serve at the pleasure of the General
Manager or the President of the Board.
External Auditor –External Auditor refers to independent audit professionals who perform annual
audits of the District’s financial statements and are contracted by the District’s Board of
Directors.
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Management Responsibilities
When fraudulent activity is detected or suspected, management should determine whether an
error or mistake has occurred or if there may be dishonest or fraudulent activity. If management
determines a suspected activity may involve fraud or related dishonest activity, they should
contact their immediate supervisor or the District’s General Manager. If the activity involves the
General Manager it shall be reported to the President of the Board or the District’s Legal
Counsel.
Investigations will be conducted by individuals trained to do so, as assigned by the General
Manager or the President of the Board. Management cannot conduct individual investigations
into fraudulent activity, including but not limited to:, interviews, interrogations, making
accusations, informing involved employees of the investigation, or discussing anything related to
the investigation with anyone outside of Internal Research Team; However, management is
responsible for taking appropriate corrective actions to ensure adequate controls exist to
prevent reoccurrence of improper actions.
Management must support the District’s responsibilities and cooperate fully with other involved
departments, and law enforcement agencies in the detection, reporting, and investigation of
criminal acts, including the prosecution of offenders. This includes providing full and
unrestricted access to all necessary records and personnel in accordance with the investigation.
All District assets, including furniture, desks, and computers, are open to inspection at any time.
There is no assumption of privacy.
Violations of the whistle-blower protection will result in discipline up to and including termination.
Employee Responsibilities
An employee who observes, or knows of, a suspected fraudulent incident or practice must
report the incident to Human Resources. If the employee believes Human Resources may be
involved in the inappropriate activity, or is otherwise uncomfortable reporting to Human
Resources, they must make the report directly to the General Manager. If the activity involves
the General Manager, the employee must report to the President of the Board of District’s Legal
Counsel.
The reporting employees shall refrain from further investigation of the incident, confrontation
with the alleged violator, or further discussion of the incident with anyone, unless requested by
the General Manager, Internal Research Group, the District’s Legal Counsel, or law
enforcement personnel.
Employees will be granted whistle-blower protection when acting in accordance with this policy
so long as the employee has not engaged in activity that violates this policy. When informed of
a suspected fraud, neither the District nor any person acting on behalf of the District shall:
a. Dismiss or threaten to dismiss the reporting employee.
b. Discipline, suspend, or threaten to discipline or suspend the reporting
Employee
c. Impose any penalty upon the reporting employee
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d. Intimidate or coerce the employee
Board of Directors Responsibilities
If a Board Member has reason to suspect that a fraud has occurred, he or she shall immediately
contact Legal Counsel, the General Manager or, if the activity involves the General Manager,
the President of the Board. The Board Member shall not attempt to investigate the suspected
fraud or discuss the matter with anyone other than the President of the Board, General Manager
and the District’s Legal Counsel.
The alleged fraud or audit investigation shall not be discussed with the media by any person
other than the General Manager or the President of the Board after consultation with the
District’s Legal Counsel and an Internal Research Group, if a Group is appointed.
Internal Research Group Responsibilities
Upon assignment by the General Manager or the President of the Board, the Internal Research
Group will promptly investigate the fraud.
In all circumstances where there appears to be reasonable grounds for suspecting that a
criminal fraud has taken place, the Internal Research Group, in consultation with the District
General Manager or the President of the Board and Legal Counsel, will contact the San Diego
County Sheriff’s office.
The Internal Research Group shall be available and receptive to receiving relevant, confidential
information to the extent allowed by law after consultation with the District’s Legal Counsel.
If evidence is uncovered showing possible dishonest or fraudulent activities, the Internal
Research Group will proceed as follows:
a. Discuss the findings with management and the Department Supervisor.
b. Advise management, if the case involves District staff members, to meet with the
Human Resources & Risk Manager (or his/her designated representative) to
determine if disciplinary actions should be taken.
c. Report to the External Auditor such activities in order to assess the effect of the
illegal activity on the District’s financial statements.
d. Coordinate with the District’s Human Resources & Risk Manager regarding
notification to insurers and filing of insurance claims.
e. Take immediate action, after consultation with the Legal Counsel, to prevent the
theft, alteration, or destruction of evidentiary records. Such action shall include,
but is not limited to:
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1) Removing the records and placing them in a secure location, or limiting
access to the location where the records currently exist.
2) Preventing the individual suspected of committing the fraud from having
access to the records.
f. In consultation with the District Legal Counsel and the San Diego County Sheriff’s
Department, the Internal Research Group may disclose particulars of the
investigation with potential witnesses if such disclosure would further the
investigation.
g. If the Internal Research Group is contacted by the media regarding an alleged
fraud or audit investigation, the Internal Research Group will refer the media to the
General Manager or President of the Board if the activity involves the General
Manager.
h. At the conclusion of the investigation, the Internal Research Group will document
the results in a confidential memorandum report to the General Manager or the
President of the Board for action. If the report concludes that the allegations are
founded and the District’s Legal Counsel has determined that a crime has
occurred, the report will be forwarded to the San Diego County Sheriff’s office.
i. The Internal Research Group will be required to make recommendations to the
appropriate department for assistance in the prevention of future similar
occurrences.
j. Upon completion of the investigation, including all legal and personnel actions, all
records, documents, and other evidentiary material, obtained from the department
under investigation will be returned by the Internal Research Group to that
department.
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SUPPLEMENT # 5
INFORMATION TECHNOLOGY POLICY
Introduction
This policy was established to ensure all employees utilize the District’s computers, mobile
devices, internet, software, artificial intelligence programs, and electronic communication
systems, (hereafter collectively referred to as ‘information technology systems’) in a legal,
ethical, and appropriate manner. The overriding goal of this policy is to secure and protect the
integrity of data that resides within the District’s technology infrastructure and prevent this data
from being accessed and deliberately or inadvertently stored, transferred, or carried on an
unsecured computer, mobile device or over an unsecured network. For more information,
please contact the Information Technology (IT) department or refer to the Information
Technology Handbook.
Definitions
Devices: Desktop, home, or personal computers (PCs), laptops, notebooks, tablets/iPad’s,
cellular phones, used to access District resources, and any mobile device capable of storing
District data and connecting to an unmanaged network.
Electronic Communication: All forms of the District’s electronic communication systems and
equipment used currently or in the future, including computers, e-mail, connections to the
internet and other networks, voice mail, facsimiles, and telephones.
User: Anyone who uses the district’s information technology systems.
Policy
All devices connected to a District-managed or unmanaged network, used to backup, store, or
otherwise accessing District data of any type, must comply with this policy. This includes
devices outside of the District’s direct control, such as personal mobile devices. Prior to initial
use on the District network or related infrastructure, all devices must be registered with the
District’s Information Technology (IT) Department.
All employees of the District are subject to this policy and expected to read, understand, and
comply fully with its provisions. Personal use is allowed but must be kept to a minimum. Any
unlawful, unethical, or inappropriate use of the district’s information technology systems is
strictly prohibited and may be grounds for discipline.
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Limited Personal Use
Personal use is any use that is not job-related, including checking personal websites,
responding to e-mails, or streaming music. Access to the internet through the District’s network
is a privilege and carries responsibilities reflecting responsible and ethical use. Employees may
use the district’s information technology system for personal use, provided personal use is
limited and kept to a minimum. Personal use cannot interfere with the user’s productivity or
work performance, or with any other employee’s productivity or work performance. Actions
cannot be illegal, unethical, inappropriate, or in violation of any District policies. In addition,
personal use cannot adversely affect the efficient operation of the electronic communication
systems, and the IT Department has full discretion to limit a user’s activities if it impacts District
operations.
No Expectation of Privacy
No user should have any expectation of privacy with respect to information transmitted,
received, or stored in any information technology system or equipment owned, leased, or
operated in whole or in part by, or on behalf of, the district. The District has a right to monitor all
aspects of their computer systems and equipment usage. Monitoring may occur at any time,
without notice, and without the user’s permission. All information technology systems and the
data therein may be produced for public records requests or in response to litigation. Any
employee who uses the District’s information technology system is consenting to monitoring and
searches by the District.
Information Technology Acquisition
All departments and employees must consult with IT before using, purchasing, developing, or
contracting for any information technology services, goods, consulting, or support. This
includes, but is not limited to, software for installation; cloud-based programs, (free or paid); AI
programs; and hiring outside technology services or vendors. The IT department is solely
responsible for reviewing and researching information technology requests, analyzing options,
and collaborating with departments to define the solution that best meets the needs of the
District.
Hardware/Software
Addition of new hardware, software, and/or related components to provide additional mobile
device connectivity will be managed and approved at the sole discretion of the District. Non-
approved use of mobile devices to backup, store, and otherwise access any District-related data
is prohibited. Modifications of any kind to District-owned and installed hardware or software, or
installation of mobile applications, without the express approval of the District, are prohibited.
This includes, but is not limited to, any reconfiguration of the mobile device. The District will
support approved hardware and software but is not accountable for conflicts or problems
caused using unsanctioned media, hardware, or software.
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Access Control and Inspection
The District reserves the sole discretion to allow, refuse, or limit by physical and non-physical
means, the ability to connect any devices to a District network or infrastructure. The District can
and may establish audit trails of use without notice. Such trails will be used to track the
attachment of an external device to a PC, and the resulting reports used for investigation of
possible breaches or misuse. Access and/or connection to District networks may be monitored
to record dates, times, duration of access, etc., to identify unusual usage patterns or other
suspicious activity. This is done to identify accounts/computers/mobile devices that may have
been compromised by external parties. In all cases, data protection remains the District’s
highest priority. Access to, and use of, District SCADA computers is strictly forbidden without
prior District authorization. The District reserves the right, through policy enforcement and any
other means necessary, to limit the ability to transfer data to and from specific resources on the
District network.
Security
The District will manage security, network, application, and data access centrally using suitable
technology. Any attempt to contravene or bypass said security will be deemed an intrusion
attempt and access will be terminated. All devices and software for network and data access
shall use secure data management. This includes the secure physical control of devices
containing District data. In the event of a lost or stolen device, the device will be remotely wiped
of all data and locked to prevent access. The District may also remove data no longer deemed
appropriate at its sole discretion.
Passwords and other confidential data, as determined by the IT Department, are not to be
stored unencrypted on mobile devices. All devices must be protected by a password, and all
data stored on the device must be encrypted. Anti-virus software on any additional machines,
such as a home PC, which access District data, must be up to date and is the sole responsibility
of the user. All connections to the District network through an unmanaged network (i.e. the
Internet) will be inspected by the District. Devices representing any threat to the District network
or data will not be allowed to connect. Laptops, PCs, or iPads may only access the District
network and data using a Secure Socket Layer (SSL) Virtual Private Network (VPN) connection.
Social Media
All employees have an obligation to the District to ensure that any public communication,
including social media communications, does not negatively impact the District, its partners,
customers, suppliers, etc. Only a select group of employees are authorized to publicly speak on
behalf of the District. Employees are responsible for communications on professional or
personal social networks and can be sued by co-workers, competitors, customers, and any
individual that views a social media post as defamatory, proprietary, harassing, or libelous. All
policies that regulate off-duty conduct apply to social media activity.
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User Responsibilities
• Use reasonable physical security measures with all mobile devices.
• Password-protect all devices; do not leave passwords unsecured or share them.
• Install up-to-date anti-virus and anti-malware software on any non-District devices used
to connect to the district’s network.
• Get permission from the Information Technology department before modifying any
District software or installing outside applications.
• Immediately report any unauthorized data access, data loss, and/or disclosure of District
resources, databases, networks, etc.
• Immediately report any lost or stolen devices.
• Permanently erase all District-related email, data and files from devices when no longer
needed and/or after required retention period.
• Be aware of the possibility of emails being used for litigation or public records.
• Delete messages received that were intended for others and inform the sender.
• Keep personal use to a minimum.
• See full list of prohibited activities including, but not limited to, purchasing, contracting, or
developing any information technology goods, services, support, or consulting,
streaming, chain letters/emails, and gambling.
Prohibited Activities
The following activities are illustrative of acts that are grounds for disciplinary action:
1. Accessing, transmitting, downloading, printing, or storing information with sexually explicit,
pornographic, or obscene content.
2. Downloading or transmitting fraudulent, threatening, intimidating, inflammatory,
defamatory, harassing, discriminatory, or otherwise unlawful messages or images.
3. Using the District’s information technology systems in any manner that violates the
District’s discrimination or harassment policies or commitment to equal employment
opportunity.
4. Using the District’s information technology systems for a purpose that is found to
constitute, in the District’s sole and absolute discretion, a commercial use that is not for the
direct benefit of the District.
5. Using the District’s information technology systems in a manner that violates the
trademark, copyright, or license rights of any other person, entity, or organization.
6. Using, purchasing, developing, or contracting for any information technology services,
goods, consulting, or support without IT approval.
7. Transmitting, displaying, storing, or inviting receipt of messages or information which
involves election campaigning, requests for charitable or political contributions, advocating
one’s personal religious beliefs, or any other activity which would constitute solicitation in
the workplace.
8. Initiating or sustaining chain letters.
9. Speaking publicly on behalf of the District unless otherwise authorized, including social
medial posts, emails, responses to media requests, etc.
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10. Direct and indirect use of the Internet and District electronic equipment participation in any
gambling or wagering activities of any kind.
11. Posting the District logo on any employee’s personal website or web page without prior
written consent.
12. Using District email accounts for personal reasons, including but not limited to, social
media, file-sharing (Dropbox, Box, et al) accounts, and personal electronic subscriptions or
accounts, is strictly prohibited.
13. Installing personal software applications, including programs and screensavers, to any
District computer without the prior authorization of District management.
14. Copying, transmitting, storing, displaying, or distributing information containing confidential,
proprietary, or sensitive information for non-District purposes. This includes, but is not
limited to, engineering, security & safety, human resources, or legal issues.
15. Reading, recording, copying, or listening to messages or information delivered to another
employee’s e-mail or voicemail without authorization.
16. Sending messages with content that conflicts with any District policies, rules, or other
applicable laws.
17. Any use that would be offensive to a reasonable person.
Responsible Use of Artificial Intelligence (AI)
This IT policy outlines guidelines for the proper and responsible use of Artificial Intelligence (AI)
within our organization. The objective is to ensure that AI applications are employed ethically,
transparently, and in compliance with all applicable laws and regulations.
Compliance with Laws and Regulations
All AI initiatives must comply with local, national, and international laws and regulations. District
use of AI must not violate any legal requirements, including but not limited to data protection,
privacy, intellectual property, and anti-discrimination laws, including:
• California Automated Decision-Making Accountability Act of 2018
• California Consumer Privacy Act (CCPA)
• California Civil Code 1798.83
• California Fair Employment and Housing Act
Verification of AI-generated Results
Before any AI-generated results are made available for public consumption, they must undergo
a thorough verification process. Staff with expertise in the relevant domain and, when
necessary, legal counsel, must review and validate the accuracy, fairness, and ethical
considerations of the AI-generated outcomes. Users are responsible for any material created
with AI support.
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Continuous Monitoring and Evaluation
Regular monitoring and evaluation of AI applications are essential to identify and address any
emerging issues. This includes ongoing assessments of performance, accuracy, and the impact
on users. Continuous improvement processes should be implemented to refine AI systems over
time.
Data Security
Adequate measures must be in place to secure the collection, storage, and processing of data.
Access controls, encryption, and regular security audits should be implemented to safeguard
against unauthorized access or data breaches. Information entered Generative AI systems
could be subject to a Public Records Act (PRA) request, may be viewable and usable by the
company, and may be leaked unencrypted in a data breach. Do not submit any information to a
Generative AI platform that should not be available to the public (such as confidential or
personally identifiable information).
Review and Updates
This AI policy will be subject to periodic reviews to ensure its continued relevance and
effectiveness. Updates will be made as needed to align with changes in technology, laws, or
organizational priorities.
Compliance Review:
Violations of these policies may lead to revocation of system privileges and/or disciplinary
action, up to and including termination from employment. The Chief Technology Officer will
investigate potential violations of this policy and submit a report to the employee’s supervisor
and Human Resources.
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SUPPLEMENT # 6
WORKPLACE VIOLENCE POLICY
Introduction
As part of the District’s commitment to provide a safe place for employees to work, and to
safeguard the public, a Workplace Violence Policy was established. The intent of this policy is
to provide guidance and consistent procedures for reducing the risk of workplace violence;
provide clear guidance to employees/managers/supervisors regarding the appropriate handling
of threats or acts of violence; increase awareness throughout the organization for the need to
safeguard employees and the public by providing a safe working environment; establish zero
tolerance for acts or threats of physical violence; and establish a plan to respond to acts of
threats of physical violence.
Policy
It is the District’s policy not to tolerate acts or threats of physical violence, including intimidation,
harassment, and/or coercion which involve or affect the District, or which occur on District
property. The prohibition against threats or acts of violence applies to all persons involved in
District operations including, but not limited to, District employees, temporary employees,
contract workers, and anyone else on District property. Violations of this policy, by any
individual, will result in disciplinary and/or legal action as appropriate. All employees of the
District are subject to this policy and are expected to read, understand, and comply fully with its
provisions.
Employee Responsibilities
All employees are responsible for behaving in a respectful and professional manner toward their
coworkers and others with whom they may come in contact.
Employees are responsible for reporting acts of a threatening or violent nature, directed at them
or others, to their manager or supervisor. It is imperative that employees inform the District of
threats or acts of violence, as the District cannot do anything to remedy the situation if it does
not know it exists.
Definitions
Workplace: Any location where District employees perform District work, or any facility/location
owned or leased by the District.
Workplace Violence: Any intentional conduct which is sufficiently severe, offensive, or
intimidating to cause an individual to reasonably fear for their personal safety, or the safety of
family, friends, or property, such that employment conditions are altered and become hostile,
abusive or intimidating for one or more District employee or others on District property.
Examples of workplace violence include, but are not limited to, the following:
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• Threats or acts of physical violence occurring on District property, regardless of the
relationship between the District and the parties involved in the incident;
• Threats or acts of physical violence occurring off District property involving someone who
is acting in the capacity of a representative of the District;
• Threats or acts of physical violence occurring off District property involving an employee
of the District, if the threats or acts affect the business of public interests of the District;
• Threats or acts of physical violence resulting in the conviction of an employee, under any
criminal code provision relating to acts of physical violence or threats which adversely
affect the legitimate business or public interests of the District.
Specific examples include, but are not limited to, the following:
• Threatening physical or aggressive contact toward another individual or his/her family,
friends, associates, or property;
• The intentional destruction or threat of destruction of District property;
• Harassing or threatening phone calls, text messages, e-mails, or notes;
• Surveillance, stalking, or veiled threats of physical harm, or similar intimidation.
Enforcement
Any person who engages in a violent act or threatens a violent act in the workplace may be
removed from the premises as quickly as safety permits and may be required, at the District’s
discretion, to remain out of the workplace pending the outcome of an investigation into the
incident. When threats are made or acts of violence are committed by a District employee, the
District will determine what actions are appropriate, which may include evaluation by a threat
assessment specialist, medical evaluation, and/or disciplinary action.
If violence or the threat of violence is imminent, all employees should exercise sound judgment
and contact 9-1-1- immediately if it safe. Under this policy, decisions may need to be made to
prevent a threat from being carried out, a violent act from occurring, or a life-threatening
situation from developing. No existing District policy or procedure should be interpreted in a
manner that prevents implementation of such a decision.
The District has adopted a detailed Workplace Violence Prevention Plan which contains
additional details and is available to employees from the Safety Department.
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SUPPLEMENT # 7
TELECOMMUTE POLICY
Introduction
The District’s Telecommuting Policy allows certain non-exempt employees, subject to the
approval of their supervisor/manager and the General Manager, to telework from an approved
alternative worksite for some or all of their daily regularly scheduled work hours while continuing
to perform their job duties in an effective and timely manner.
Telecommuting is a privilege that is granted to eligible employees in job classifications that are
primarily performed at a computer workstation and do not require hands-on work on
infrastructure or in the field. Due to the services provided by the District to the public, some
work groups or departments may not be able to participate. All employees are expected to work
onsite for most of the workweek. Exempt employees may be authorized to telecommute at the
discretion of the General Manager and are not subject to the same work schedule limitations
below. Requests to telecommute due to a disability, will be considered by the District under the
standards applied under the law, separate and apart from this policy.
The General Manager, or designee, will be responsible for monitoring and evaluating the
effectiveness of the District’s telecommuting program. Upon assessment, the entire program
may be discontinued or modified.
Policy
This policy covers telecommuting requested by a District employee for their own benefit and
provided by the District, subject to certain conditions and requirements. All existing duties,
expectations, obligations, responsibilities, and conditions of employment remain unchanged.
Telecommuting employees are required to abide by all District and departmental policies and
procedures, rules, and regulations. Telecommuting employees’ existing supervisory
relationships, lines of authority and supervisory practices remain in effect. Telecommuting
employees’ salary and benefits remain unchanged during the telecommuting arrangement. The
violation of any provision of this policy or the misuse of District time, resources or property may
preclude the employee from telecommuting and/or result in disciplinary action, up to and
including termination of employment.
Telecommuting schedules may be regular (fixed and recurring from pay period to pay period)
and/or intermittent/occasional. Regular telecommuting schedules are limited to no more than 2
days per week on a 5-day work week and no more than 1 day per week on a 4-day work week.
Regular telecommuting is not allowed on Mondays or Fridays or on the day before or after a
paid holiday. Occasional telecommuting is limited to no
more than 4 times per year (once per quarter), subject to the same restrictions above (allowed
on Tuesdays, Wednesdays, or Thursdays of non-holiday weeks). Examples of occasional
telecommuting include special project work requiring a period of uninterrupted time or to provide
convenience and maximize work time on days where offsite meetings or personal appointments
make travel to the regular District worksite impractical.
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Eligibility Criteria
The General Manager, and/or their designee, possesses the discretionary authority to determine
the job classifications, positions, and employees who are eligible to telework under this policy
using criteria including, but not limited to, the following:
The District
The operational needs of the District and employee’s department;
The disruption of or potential for disruption to the District’s functions;
The capacity to monitor and measure work performance at the alternate worksite;
Other considerations deemed necessary and appropriate by the District, including legal
implications of telecommuting.
Classification/Position
The degree to which the job functions require face-to-face interaction with other District
employees, contractors, and members of the public;
The portability of the work, including the ability to remotely access tools, equipment, and
materials necessary to perform their job functions;
The supervisory responsibilities (if applicable);
The risk factors associated with performing the job duties from a location other than the
normal workplace at a District worksite.
Employee
The ability to perform their job duties from an alternative worksite without diminishing the
quantity or quality of the work performed;
The job performance, as determined, in part, by the most recent performance evaluation;
The availability of or ability to create a functional, reliable, healthy, safe, and secure
alternate worksite;
The need for supervision;
The ability to work independently, manage time, organize and prioritize work, exercise
good judgment, use leave appropriately, history of safe cybersecurity practices, and
reliability and responsibility in completing work assignments.
Employees in their introductory period of employment or on a performance improvement plan
are not eligible for telecommuting.
Procedures
VOLUNTARY REQUESTS
Telecommuting requests will be considered on a case-by-case basis consistent with the criteria
above and other factors relevant to the employee’s request.
To make a request for a telecommuting arrangement, employees must submit a telecommuting
request to their supervisor or manager. In consultation with the General Manager, and/or their
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designee, the employee’s supervisor or manager will make a final determination regarding the
employee’s request to telework. The District’s final decision whether to approve or terminate a
telecommuting agreement is final and binding. The District reserves the right to approve or deny
an employee’s request to telecommute based on the above criteria, or subsequently developed
criteria. The District may limit the number of telecommuting employees that reduce onsite
staffing levels or require employees to rotate telecommuting assignments.
An employee who has requested and been granted the opportunity to telework, must complete a
voluntary telecommuting agreement. Telecommute arrangements are subject to all terms and
conditions of both the agreement and this policy. The agreement shall provide the mutual
understanding of the employee, the employee’s supervisor or manager, and the General
Manager, or their designee, concerning the telecommuting arrangement. In the event a
manager/supervisor requires a change in an employee’s telecommute day, then the
manager/supervisor may give another day within the pay period for the employee to
telecommute.
The District reserves the right to end a telecommuting agreement at any time at the sole
discretion of the General Manager or his designee.
MANDATORY TELECOMMUTING DURING EXIGENT CIRCUMSTANCES
Where an exigent circumstance exists, the District may direct any or all of its employees to
remain at their homes and perform work as part of an adopted short- term telecommuting
arrangement for such employees to provide for the continuity of essential District services.
Exigent circumstances exist when there is an imminent threat of extreme peril to health, life,
property, and resources. These circumstances may include, but are not limited to, war, public
health emergencies, power failures, natural and man-made disasters, and other states of
emergency. Where such an exigency exists and necessitates the adoption and implementation
of a short-term mandatory telecommuting arrangement for District employees, the General
Manager is expressly authorized to suspend some or all provisions of this policy and adopt and
implement alternative provisions necessary to provide for the continuity of essential services.
Employees will be notified when telecommuting is mandatory.
Responsibilities
Telecommuting Employees:
Telecommuting employees must adhere to the provisions set forth in this Policy and any other
applicable policy including, but not limited to the following:
1. Telecommuting employees must meet the same standards of performance and
professionalism expected of all District employees in terms of job responsibilities, work
product, timeliness of assignments, and coordination with other employees and contact
with members of the public.
2. Telecommuting employees must be physically located at their approved alternate
worksite while they are working and accessible during the established telecommuting
work schedule. Telecommuting employees must be available in all the following forms of
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communication including telephone, video conference, email, text, and/or network access
to their supervisor/manager and other District employees while telecommuting.
Telecommuting employees must check District voice mail and/or forward their Mitel desk
phone number for District-related business (messages and emails on a consistent basis,
as if working at their District worksite). All periods of an employee’s unavailability lasting
longer than 15 minutes must be approved in advance and reported on the timecard as
non-work time.
3. Telecommuting employees must notify their supervisor or manager promptly when
unable to perform work assignments because of equipment failure or any other
unforeseen circumstances. At the supervisor or manager’s discretion the employee will
either return to the office or take vacation, float, or comp time for the remainder of the
workday.
4. Telecommuting employees may only access the District’s network via virtual desktop
software, unless authorized to use VPN.
5. Telecommuting employees must have access to an alternate worksite that is quiet and
free of distractions, functional, with reliable and secure power, internet and/or wireless
access, healthy, safe, and secure.
6. Telecommuting employees must ensure that all official District documents are retained
and maintained according to normal operating procedure.
7. Telecommuting employees must ensure dependent care or other personal
responsibilities will not interfere with work responsibilities.
Supervisors & Managers
1. Set expectations for telecommuting employees.
2. Keep telecommuting employees up to date on any changes or announcements that may
affect the work or the employee.
3. At their discretion, allow telecommuting employees to participate in meetings virtually on
their assigned telecommuting days.
4. Track the work progress of telecommuting employees.
5. Communicate with telecommuting employees using a variety of methods.
6. Schedule regular one-on-one check-ins and be available by phone or email to the same
extent as when both parties are in the office.
7. Monitor compliance of the Telecommuting Agreement and modify, as necessary.
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WORK SCHEDULE, OVERTIME, LEAVE, BENEFITS
The telecommuting employee’s work hours, including applicable meal and rest breaks, will be
the same as their regular work hours. Non-exempt employees are required to record all hours
worked at the alternate worksite and all time off (including paid leave if applicable) on their
timesheet; employees must indicate on their timesheet what days/hours were telecommute.
Non-exempt employees must get prior approval to work overtime.
Employees are expected to continue to abide by District policies and procedures for requests of
sick, vacation and other leaves of absences. If an employee becomes ill while working under the
Agreement, they must notify their supervisor or manager immediately and record on their
timesheet any hours not worked due to illness and/or incapacitation.
Workers’ Compensation benefits will apply only to injuries arising out of and in the course of
employment as defined by Workers’ Compensation law. Telecommuting employees must report
any such work-related injuries to their supervisor or manager immediately. The District will not
be responsible for injuries or property damage unrelated to such work activities, including
injuries to third persons when said injuries occur at the alternate worksite.
EQUIPMENT, INFORMATION SECURITY, CONFIDENTIALITY
Telecommuting employees will either receive approval to use personal computer equipment or
will be provided with District-issued equipment at the discretion of the General Manager or their
designee. If the District provided any equipment, telecommuting employees agree to follow the
District’s Policy for the use of such equipment. Telecommuting employees must report to their
supervisor any loss, damage, or unauthorized access to District-owned equipment, immediately
upon discovery of such loss, damage, or unauthorized access.
The District will not be responsible for telecommuting costs, including, but not limited to:
transportation associated with regular employment including commuting to District offices or
other locations as required for their job, unless authorized by the Travel Policy; the employee’s
use of their home or place of residence, personal computer: utilities, internet, data, network
costs cellular or landline telephone costs; home maintenance, workspace furniture, or any other
incidental costs, unless expressly provided for in the Telecommuting Agreement.
Telecommuting is permitted for the benefit of the employee and at their request. Ergonomic
equipment needs will be assessed on a case-by-case basis and may be required by the District.
In the event ergonomic equipment is cost-prohibitive, telecommute may be cancelled for that
employee. Individual tax implications related to the telecommuting space shall be the
responsibility of the employee. The District is not responsible for an employee’s claim of tax
deductions for operation of a telecommute office used to perform District work.
Telecommuting employees must take reasonable precautions to ensure their devices (e.g.,
computers, laptops, tablets, smart phones, etc.) are secure before connecting remotely to the
District’s network and must close or secure all connections when not conducting work for the
District. Telecommuting employees must maintain adequate firewall and security protection on
all such devices used to conduct District work from the alternate worksite. The District will not
provide technical support for personal equipment. Telecommuting employees will exercise the
same precautions to safeguard electronic and paper information, protect confidentiality, and
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adhere to the District’s records retention policies, especially as it pertains to the California Public
Records Act.
Telecommuting employees must safeguard all sensitive and confidential information, both on
paper and in electronic form, relating to District work they access from the alternate worksite or
transport from their District worksite to the alternate worksite.
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SUPPLEMENT # 8
HEALTH INFORMATION PRIVACY NOTICE
Denise Aviles
Human Resources and Risk Manager
Privacy Officer
760-744-0460
daviles@vwd.org
Vallecitos Water District
201 Vallecitos de Oro, San Marcos, CA 92069
760-744-0460
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Your Information. Your Rights. Our Responsibilities.
This notice describes how medical information about
you may be used and disclosed and how you can get
access to this information. Plea se review it carefully.
Your Rights
You have the right to:
• Get a copy of your health and claims records
• Correct your health and claims records
• Request confidential communication
• Ask us to limit the information we share
• Get a list of those with whom we’ve shared
your information
• Get a copy of this privac y notice
• Choose someone to act for you
• File a complaint if you believe your privac y
rights have been violated
➤ See page 2 for
more information on
these rights and how
to exercise them
Your Choices
You have some choices in the way that we
use and share information as we:
• Answer coverage questions from your family and friends
• Provide disaster relief
• Market our services and sell your information
➤ See page 3 for
more information on
these choices and
how to exercise them Our Uses and Disclosures
We may use and share your information as we:
• Help manage the health care treatment you receive
• Run our organization
• Pay for your health services
• Administer your health plan
• Help with public health and safety issues
• Do research
• Comply with the law
• Respond to organ and tissue donation requests and
work with a medical exami ner or funeral director
• Address workers’ compensation, law enforcement,
and other government requests
• Respond to lawsuits and legal actions
➤ See pages 3 and 4
for more information
on these uses and
disclosures
VWD Employee
Revised & Adopted November 2024
Your Rights
When it comes to your health information, you have certain rights.
This section explains your rights and some of our responsibilities to help you.
Get a copy of your
records • You can ask to see or get a copy of your information we have about you. Ask us
how to do this.
• We will provide a copy or a summar y of your records, usually within
30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct
your records
• You can ask us to correct your records if you think they are incorrec t or
incomplete. Ask us how to do this.
• We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential
communications
• You can ask us to contact you in a specific way (for example, home or office phone)
or to send mail to a different address.
• We will consider all reasonable requests, and must say “yes” if you tell us you would
be in danger if we do not.
Ask us to limit what
we use or share
• You can ask us not to use or share cer tain information for payment or our
operations.
• We are not required to agree to your request, and we may say “no” if it would affect
your care.
Get a list of those
with whom we’ve
shared information
• You can ask for a list (accounting) of the times we’ve shared your information for six
years prior to the date you ask, who we shared it with, and why.
• We will include all the disclosures except for those about health care operations,
and certain other disclosures (such as any you asked us to make). We’ll provide one
accounting a year for free but will charge a reasonable, cost-based fee if you ask
for another one within 12 months.
Get a copy of this
privacy notice
• You can ask for a paper copy of this notice at any time, even if you have agreed to
receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone
to act for you
• If you have given someone power of attorney or if someone is your legal guardian,
that person can exercise your rights and make choices about your health plan
information.
• We will make sure the person has this authority and can act for you before we take
any action.
File a complaint if
you feel your rights
are violated
• You can complain if you feel we have violated your rights by contacting us using the
information on page 1.
• You can file a complaint with the U.S. Depar tment of Health and Human Ser vices
Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W.,
Washington, D.C. 20201, calling 1-877-696 -6775, or visiting www.hhs.gov/ocr/
privacy/hipaa/complaints/.
• We will not retaliate against you for filing a complaint.
VWD Employee
Revised & Adopted November 2024
Your Choices
For certain health information, you can tell us your choices about
what we share. If you have a clear preference for how we share your information in
the situations described below, talk to us. Tell us what you want us to do, and we will
follow your instructions.
In these cases, you have
both the right and choice
to tell us to:
• Share information with your family, close friends, or others involved in payment
for your care
• Share information in a disaster relief situation
If you are not able to tell us your preference, for example if you are unconscious,
we may go ahead and share your information if we believe it is in your best interest.
We may also share your information when needed to lessen a serious and imminent
threat to health or safety.
In these cases we never
share your information
unless you give us
written permission:
• Marketing purposes
• Sale of your information
• Other uses and disclosures not described in this notice
Our Uses and Disclosures
How do we typically use or share your health information?
We t ypically use or share your health information in the following ways.
Help manage
the health care
treatment you
receive
• We can use your health information
and share it with professionals who are
treating you.
Example: A doctor sends us information
about your diagnosis and treatment plan
so we can arrange additional services.
Run our
organization
• We can use and disclose your information
to run our organization and contact you
when necessary.
• We are not allowed to use genetic
information to decide whether we will
give you coverage and the price of that
coverage. This does not apply to long term
care plans.
Example: We use health information
about you to develop better services
for you.
Pay for your
health services
• We can use and disclose your health
information as we pay for your health
services.
Example: We share information about
you with your dental plan to coordinate
payment for your dental work.
Administer
your plan
• We may disclose your health information
to your health plan sponsor for plan
administration.
Example: Your company contracts with us
to provide a health plan, and we provide
your company with certain statistics to
explain the premiums we charge.
VWD Employee
Revised & Adopted November 2024
How else can we use or share your health information? We are allowed or required to share
your information in other ways – usually in ways that contribute to the public good, such as public health and
research. We have to meet many conditions in the law before we can share your information for these purposes.
For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
Help with public health
and safety issues
• We can share health information about you for certain situations such as:
• Preventing disease
• Helping with product recalls
• Reporting adverse reactions to medications
• Reporting suspected abuse, neglect, or domestic violence
• Preventing or reducing a serious threat to anyone’s health or safety
Do research
• We can use or share your information for health research.
Comply with the law • We will share information about you if state or federal laws require it,
including with the Depar tment of Health and Human Services if it wants to
see that we’re complying with federal privac y law.
Respond to organ and tissue
donation requests and work
with a medical examiner or
funeral director
• We can share health information about you with organ procurement
organizations.
• We can share health information with a coroner, medical examiner, or funeral
director when an individual dies.
Address workers’
compensation, law
enforcement, and other
government requests
• We can use or share health information about you:
• For workers’ compensation claims
• For law enforcement purposes or with a law enforcement official
• With health oversight agencies for activities authorized by law
• For special government functions such as military, national security, and
presidential protective services
Respond to lawsuits and
legal actions
• We can share health information about you in response to a court or
administrative order, or in response to a subpoena.
State notice of privacy practices
As stated in our Health Insurance Portability and Accountability Act (HIPAA) notice, we must follow
state laws that are stricter than the Federal HIPAA privacy law.
VWD Employee
Revised & Adopted November 2024
Our Responsibilities
• We are required by law to maintain the privacy and security of your protected health information.
• We will let you know promptly if a breach occurs that may have compromised the privacy or security of
your information.
• We must follow the duties and privacy practices described in this notice and give you a copy of it.
• We will not use or share your information other than as described here unless you tell us we can in
writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you
change your mind.
For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.
Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The
new notice will be available upon request, on our web site, and we will mail a copy to you.
Effective date of notice: 01/01/2015
This Notice of Privacy Practices applies to the following organization. For information regarding claims
contact:
Vallecitos Water District
Human Resources Department
201 Vallecitos de Oro
San Marcos, CA 92069
760-744-0460
VWD Employee
Revised & Adopted November 2024
SUPPLEMENT #9
RETURN TO WORK PROGRAM
Introduction
The Vallecitos Water District recognizes its employees are a critical part of its operation, and
the Return-To-Work Program (RTWP) is intended to provide temporary modified work
assignments and duties, when reasonable, for employees who are partially disabled due to
work-related illness or injuries.
Policy
The District will use reasonable efforts to return ill or injured employees back to work,
provided this will not cause any harm to the employee, others, or District property. The
RTWP provides a reasonable period for the return to full time employment and will not
exceed 60 working days without approval from the General Manager. Only employees who
suffer a work-related illness or injury are eligible to participate in the RTWP, and the program
is mandatory for those employees. If an employee does not report to work (modified or
regular work) when medically released, or when leave has expired, the employee may not be
eligible for Temporary Total Disability (TTD) payments.
The District will comply with all applicable laws related to crediting work hours toward
CalPERS service credit. Leave accruals, including any observed holidays, are prorated
based on the number of hours the District directly pays an employee (including paid leave
time). Compensation will be paid at the employee’s normal compensation pay rate instead of
the lesser temporary disability indemnity payment. The District will cooperate in scheduling
time off for medical appointments. ACWA/JPIA will reimburse employees for mileage while
attending doctor and physical therapy appointments in their personal vehicle. The Safety
Department will coordinate the RTWP, including reviewing and updating the program to meet
the needs of the District and its employees.
Works Assignment(s) and Duties
The District will consider temporary or modified assignments and duties, provided productive
work benefitting the District exists. The priority will be to return the employee to the same
position, if possible, based on the medical restrictions prescribed by the attending physician.
The District maintains the right to assign employees in the RTWP modified duties that will not
exceed their restrictions and capabilities.
All duties and assignments will be determined by the Safety Department, in conjunction with
supervisor the employee will be reporting while performing temporary modified work
assignments. All assignments must be approved by Human Resources before starting. The
employee’s work duties may be changed and frequently modified to reflect increased work
capacity of the participating employee, as directed by the treating physician. In no case shall
employees in the RTWP work overtime. When an employee is assigned to their same
department, the employee will perform modified duties during the regular scheduled
days/hours. If assigned to another department, work hours will be assigned based on the
schedule and needs of the department. If a productive modified duty assignment is no longer
available, the employee will revert to TTD until released to full duty or declared Permanent &
Stationary (Maximum Medical Improvement-MMI).
VWD Employee
Revised & Adopted November 2024
Employee Responsibilities
• Comply with all medical restrictions imposed by the treating physician.
• Work within the physical limitations set by the physician at all times and perform only
those temporary duties assigned. Immediately advise the Safety Department and/or
supervisor of any difficulties performing assigned tasks.
• Attend all scheduled doctor appointments and participate in follow-up rehabilitation
treatment as necessary. Sick leave may be used for all time off associated with doctor
appointments, physical therapy and other items associated with the injury or illness.
• Get supervisor approval in advance of missing work for a medical appointment,
making every effort to schedule medical appointments at the beginning, end, or
outside of the employee’s work schedule to minimize disruption.
• Have all time off approved by the supervisor of the assigned department and notify the
Safety Department.
• Employees will keep the Safety Department and supervisor informed of any changes
or modifications to work restrictions made by the treating physician. An employee
may not leave the program unless specifically coordinated with the Safety Department
and released to full duty by the treating physician.
Procedure
Medical Release with Restrictions:
• If the physician releases the employee with restrictions, the employee will contact the
Human Resources Department immediately. The supervisor, Human Resources, and
Safety Department will discuss with the employee the restrictions and impacts upon
the employee’s usual duties and essential functions.
• The Safety Department will coordinate with the supervisor to determine whether the
employee’s duties or assignment can be modified to meet the restrictions. If modified
work duties and/or assignments can be accommodated, a Transitional
Duty/Assignment Form will be completed and signed by the employee, supervisor,
Safety Department, and Human Resources and Risk Manager.
• Upon approval, an employee whose medical restrictions can be accommodated by
modified duty or work assignment will begin participating immediately in the RTWP.
California requires a three-day waiting period before temporary disability or temporary
partial disability benefits commence (unless hospitalized); therefore, the employee
may choose to use available sick leave in lieu of reporting to the RTW Program during
those first three days.
• The employee is required to report to the Safety Department at the beginning of the
first day of RTWP participation. The Safety Department will provide the employee with
an introduction and overview of the program. RTWP assignments and duties are
temporary and may change daily depending on the needs of the District.
Medical Release to Full Duty: If the physician releases the employee to full duty with no
restrictions, the employee must report this to Human Resources immediately. A signed
physician’s release from the primary treating physician indicating a release to full duty must
be submitted to the Safety Department for review and approved by the Human Resources
and Risk Manager before the employee returns to full duty.
VWD Employee
Revised & Adopted November 2024
SUPPLEMENT # 10
TRAVEL POLICY
Introduction
Employees may attend conferences, meetings, seminars, training, and other functions for the
purpose of furthering the interests of the District. Cost for travel and associated expenses for
these events will be paid or reimbursed by the District under this policy.
Policy
All travel should be prudently planned, ensuring the best interests of the public are served at
the most reasonable cost. Expenses should be ordinary and necessary to conduct District
business as determined jointly by the supervisor and employee. Employees are expected to
abide by this policy and exercise the same economy as a practical person when traveling,
bearing in mind that public funds are in use. The General Manager has the right to refuse
charges or reimbursements that are not considered reasonable; in that instance, employees
may be required to re-pay those charges.
Costs incurred for accommodation upgrades, non-business-related change fees, travel
companions, pleasure tours, unrelated social events or side trips, and extended travel days
are examples of expenses that are not allowed. Any additional costs associated with
changes for personal or non-District business shall be the responsibility of the employee,
including direct expenses like hotel and additional transportation costs. Employees will not
be paid work hours for personal or non-District business. If travel or registration expenses
are incurred by the District and not used, the attendee may be required to reimburse the
District unless the reason was due to personal illness, or events that prevented a good faith
effort to attend. These events could include transportation delays or cancellations, meeting
cancellations or date changes, or a sudden event within the District that requires the
employee’s presence.
Registration
Registration fees should take advantage of early registration discounts and be paid
beforehand when possible.
Transportation
Mode and route of transportation to events should be selected based on economy and
practicality, as jointly determined by the supervisor and employee. Travel should occur during
regular work hours/days when reasonable. In all cases, if an attendee prefers one means of
transportation over another for any reason, reimbursement or advance payment will be made
for the lower cost option and the attendee is responsible for paying the difference in cost. Air
transportation must be coach or economy class, utilizing promotional, corporate, or other
discounts. Train transportation may be used when reasonable. Mileage for travel to an
airport or train station may be reimbursable. A rental car may be used if local transportation
by shuttle, bus, or taxi is not reasonably available. Multiple attendees shall share the use of
rental cars, taxis, and shuttles when practical. Rental car insurance is not necessary and will
not be reimbursed. Parking fees necessary to travel, such as airport, hotels, or event
parking, are reimbursable.
VWD Employee
Revised & Adopted November 2024
The District will reimburse for approved mileage according to the IRS established rate. All
mileage will be calculated based on the roundtrip distance between the District office and the
event if travel commences from the District. If travel commences from the employee’s home,
resulting in less mileage traveled to the event, the employee is responsible for adjusting the
claimed mileage to reflect the lesser amount. District Managers receiving a vehicle
allowance may not claim mileage. When multiple staff are attending and driving to the same
event, a District vehicle will be utilized if available, and gasoline costs incurred will be
reimbursed.
Lodging
Lodging will be paid by the District, for single occupancy, economy/standard rooms, at the
group or government rate established for the conference. Employees should first attempt to
stay in the lodging designated for the conference. If unavailable, employees should then
search for rooms in any overflow accommodations recommended by the conference. If
those rooms are also booked, the employee and supervisor will assess nearby, reasonably
priced alternatives. Lodging & transportation for an overnight stay prior to the beginning or
after the end of the function may be paid by the District if the function starts too early or ends
too late to permit reasonable travel, as determined by the supervisor. The cost for all
nonessential items charged to the lodging bill, such as telephone calls, movies, valet or
laundry service, beverages, and snacks (unless consumed as a regular meal), etc., are not
eligible for reimbursement. The costs of basic travel amenities, such as shampoo,
toothpaste, etc., are not eligible for reimbursement.
Meals
Meal expenses for employees on overnight travel will follow the IRS regulations relating to
meal reimbursements for government employees. If meals are provided at/by the conference
during regular conference hours, and an employee chooses not to eat it, the District will not
pay for the alternative meal. Alcoholic beverages are not eligible for reimbursement. The
District will pay or reimburse reasonable costs for meals, as determined by the supervisor,
including tips.
Work Hours
Travel is considered a pre-planned schedule change. In the event an employee’s travel time,
as arranged within the parameters above, is outside normal business hours, including on
weekends or holidays, the employee is not eligible for regular or overtime pay unless
required by the Fair Labor Standards Act (FLSA). Time spent at the conference or event, not
including social hours or events (which employees are not required to attend), is considered
work time, up to the maximum equal to the employee’s normal workday. Employees are not
required to spend more hours than their normal workday at an event or conference, and must
receive prior approval from their supervisor to incur “overtime” at any such event.
Single Day/Non-Overnight Travel & Training
Parking and mileage to single day events may be reimbursed per the policy above. Meals
are not reimbursed. Time spent traveling to and from a training is considered work time less
the normal commuting time for the employee, and will be paid in accordance with the FLSA.
VWD Employee
Revised & Adopted November 2024
Travel Away from Home/Overnight Travel & Training
Travel that keeps an employee away from home overnight is travel away from home. Travel
away from home is work time when it is during the employee's normal workday. The time is
hours worked on regular working days during normal working hours and also during
corresponding hours on nonworking days. Time spent in travel away from home outside of
regular working hours as a passenger on an airplane, train, boat, bus, or automobile is not
hours worked. Additionally, time spent traveling to an airport, bus or train station is
considered a commute and not hours worked. Driving time is not hours worked when it is
outside normal work hours and the employee has the option to take public transportation,
unless the employee is required to drive other employees. Work hours will be paid in
accordance with the FLSA.
Board Directors
Per Ordinance, the rules and intentions outlined in this policy also apply to Board Directors.
All Board registration and travel will be approved and organized through the General
Manager’s office. Reimbursements will be made following procedures determined by the
General Manager’s office and Finance, meeting all required auditing requirements.
Procedures
Employees must obtain supervisor approval before registering or requesting budgeted
travel/conference arrangements. Manager approval is required for non-budgeted events.
Travel purchases will be paid for with the department manager’s CalCard per the CalCard
policy. Designated card users will work with the employee to schedule travel arrangements.
Non-overnight travel arrangements for employees will be coordinated with the respective
department staff. Attendees may, at the time of making travel arrangements, request a travel
expense advance, not to exceed three hundred ($300) dollars to cover incidental travel costs
not prepaid by the District. The attendee is responsible for reimbursing the District if the
advance exceeds the total eligible expenses.
All charges or reimbursements related to travel must be accompanied by an itemized receipt.
Expenses will be entered into the computerized maintenance management program (CMMS)
for either reimbursement to the employee or District payment to a CalCard. Entries into
CMMS must provide as much information and supporting documentation as possible, and
must be submitted at the end of the trip.
VWD Employee
Revised & Adopted November 2024
SUPPLEMENT #11
TUITION REIMBURSEMENT PROGRAM
Introduction
The District encourages and financially assists employees with their education advancement
to improve their job knowledge, skills, and capacities on their present job; to prepare for
advancement within District employment; and to assist the District in achieving maximum use
of human resources in attaining departmental goals through employee development. This
program falls under IRC Section 127 “Educational Assistance Programs” which excludes
reimbursements from an employee’s taxable income. This policy does not cover expenses
for seminars, conferences, conventions, workshops, short courses, institutes, or other
training programs.
Policy
Employees are eligible for the program once they have successfully completed twelve (12)
months of employment in a regular, full-time position. The District will reimburse eligible
employees for courses that are related to the employee’s work, District work the employee
may reasonably perform in the future, or required for employee’s job/District work related
degree or certificate. Courses must be taken on the employee’s own time at accredited
colleges or universities, or approved trade or correspondence schools.
Pre-approval before enrolling in a class is required.; Employees who do not get pre-approval
may not be reimbursed. Audited, repeat, or incomplete courses will not be reimbursed. A
minimum final grade of “C” or 70% is required. In the case of Pass/Fail classes, the
employee’s final status must be Pass. Any Veterans’ education benefits must be used first.
Reimbursement is a maximum of twenty-five hundred ($2,500) dollars per employee each
fiscal year. Employees must notify their supervisor of their intent to utilize the program so
departments can budget based on estimated demand. Tuition, registration fees, textbook
costs, and laboratory fees are reimbursable. Expenses for parking, travel, meals, and other
incidentals are not reimbursable.
Employees are expected to remain employed by the District for a minimum of one year after
receiving reimbursement up to $2,500, and two years for cumulative reimbursements that
exceed $2,500. Unless leaving because of a potential or actual layoff, employees who
separate from the District prior to completing the minimum service must make payment
arrangements for the full reimbursement due at separation.
Procedure
Prior to beginning a class, the employee should submit a completed Tuition Reimbursement
Approval form for each class to Human Resources. For classes where a District need or
impact is unclear, (Ex: non-job-related electives), Human Resources will contact the
employee to discuss the need for the class and their education plan. Human Resources and
the employee’s department will determine course eligibility. After the course is completed,
the employee must enter their Tuition Reimbursement Request into the computerized
maintenance management system (CMMS). All receipts, the Tuition Reimbursement
Approval form, and proof of grade must be attached before reimbursement will be approved.
VWD Employee
Revised & Adopted November 2024
SUPPLEMENT #12
COMPUTER PURCHASE PROGRAM
Introduction
The goal of the Computer Purchase Program is to elevate the technology skills of employees
by encouraging the purchase and use of computer equipment which enhances the
employees’ knowledge and/or job skills, enabling them to do their jobs better or prepare them
for advancement within the District.
Policy
Board members and regular full-time employees who have completed their introductory
period are eligible for a loan under the program. The loan can be used for an initial
equipment purchase and/or to finance upgrades to their computer system through this
program up to the loan limits. The computer must be compatible with District equipment and
software. Equipment purchased through the loan program is limited to the employee’s own
use and that of household members.
A maximum of $2,000 will be loaned at 6% simple interest for systems determined to be
compatible with current VWD systems. Loan payments will be made through payroll
deduction on a biweekly basis. The loan payment will be $53.00 per pay period ($50.00,
including 6% interest) for a maximum of 40 pay periods. Only one loan is permitted per
participant until the loan is repaid. Loans may be paid early without prepayment penalties.
Loans are due and payable in full upon separation from District employment for any reason.
A check will be made payable to the vendor or vendors of the hardware, software, or other
equipment, up to the maximum loan amount. The employee may also purchase the
equipment and submit receipts for reimbursement; however, the equipment must be
approved by the Information Technology (IT) Department. Approval is not guaranteed.
A written loan agreement between the District and participant is required. The loan
agreement will outline the responsibilities of the participant, terms of agreement, payroll
deduction arrangements, and other conditions of the program. The agreement must be
signed and dated before submission of application. The participant agrees to hold the District
and its employees free and harmless from any and all damages or injuries resulting from the
use of items purchase through this program. The District does not assume any liability for
damage or theft of equipment. District staff will not set-up or “troubleshoot” personal
computer equipment.
Procedure
Relevant paperwork, obtained through the IT Department, must be completed and turned in
prior to purchase or reimbursement. Employees requesting reimbursement must complete
and sign the promissory Note/Authorization for Payroll Deduction.
VWD Employee
Revised & Adopted November 2024
SUPPLEMENT #13
EMPLOYEE RECOGNITION PROGRAM
Introduction
The District’s Employee Recognition Program recognizes employees in a variety of ways for
their professional, personal and team contributions in the promotion of efficiency, initiative,
and morale in support of the District’s Mission and Vision. The program is designed to create
a culture of employee recognition; improve the working environment and employee morale;
motivate employees to be successful; and acknowledge achievements. This program is
separate from other District policies including merit increases and reimbursement for
certification renewals and exams.
Policy
The Board of Directors sponsors an annual Employee Recognition Luncheon to present
service awards and give each employee a gift as a token of appreciation. Employees who
receive certifications and other individual achievements may be recognized at a regular
Board meeting. Other forms of recognition are at the discretion of the District. The total cost
of recognition awards per year will not exceed $8,000 (excluding service awards). All
employees are eligible to receive recognition awards unless otherwise indicated. An
employee, supervisor, or manager cannot nominate a spouse, domestic partner, significant
other, or family member who are also employed by the District.
Lump sum bonuses and gift cards are taxed and treated as taxable compensation as
required by IRS regulations. All other awards provided for herein are considered de minimis
fringe benefits and are non-taxable. None of the awards set forth herein are reportable to
CalPERS and will not be included in calculating an employee’s CalPERS pension benefits.
Service Awards
Certificates presented by the Board with gift cards for every 5 years of service, as follows:
Years Service Award
5 $200
10 $300
15 $350
20 $550
25 $800
30 $1,000
35 $1,000
40 $1,000
Individual and Team Recognition
Awards may be given to individuals or teams for various accomplishments including going
above and beyond normal job duties, or significant group projects. That feedback/nomination
can be submitted to Human Resources by other employees or the public. Employees will
receive a Certificate of Appreciation.
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Revised & Adopted November 2024
Managers and supervisors can also give awards of appreciation at their discretion which can
include gift cards, drinks/food items, or other nominal gifts up to $20.00 per employee per
month.
Achievement Awards
Lump sum monetary bonuses of $100 - $500 may be awarded by the General Manager (GM)
for significant personal accomplishments, or state or local awards from external organizations
(ex. Certificates beyond minimum qualifications, Employee or Supervisor of the Year). The
nominating manager or supervisor will submit the request to Human Resources who will then
coordinate with the General Manager’s office. Once approved, Human Resources will then
submit the pay change form to payroll to grant the lump sum monetary award. An employee
may receive one individual achievement award per year. The GM has the sole discretion to
determine if award criteria is met and the amount of the bonus up to the $500 maximum.
Procedures
Written nominations may be submitted via email to the employee’s supervisor and Human
Resources. All gift card awards must be reported to payroll by supervisors or managers.
Managers and supervisors submitting for reimbursement for awards must follow the
Purchase Requisition process and use the appropriate work order. Lump sum bonuses will
be processed through standard payroll procedures.
VWD Employee
Revised & Adopted November 2024
SUPPLEMENT #14
PERSONAL PROTECTIVE EQUIPMENT POLICY
Introduction
The District is dedicated to the safety of employees and the public. All District personal
protective equipment (PPE) required for specific positions will be issued to appropriate
employees. Proper maintenance of the PPE is the responsibility of the employee. Safety
rules and regulations are fully contained in the District Safety Manual and Injury & Illness
Prevention Plan (IIPP). Noncompliance with safety or health rules or practices or engaging
in conduct that creates a safety or health hazard may result in discipline up to and including
termination.
Policy
Prescription Safety Glasses
Employees who require corrective prescription glasses and work in an environment or
location where eye and face hazards are present may receive a voucher or reimbursement
for safety prescription eyewear up to a maximum of $275 every 2 years. Employees must
receive prior approval from the Safety department and have a current prescription from a
licensed eye care practitioner, obtained within the last 12 months. Frames and lenses must
meet the requirements of ANSI Z87.1; must be equipped with side shields that are
permanently mounted; lenses must be polycarbonate; and lenses must be clear or transition.
Non-polycarbonate lenses may be worn only when covered by goggles or a face shield.
The District will replace prescription safety eyewear that is damaged or lost due to an
unpreventable accident during work, or if there has been a significant change in vision. The
District will not replace prescription safety eyewear if the damage or loss was due to
negligence. It is the employee’s responsibility to properly care and maintain glasses.
Safety Footwear
Once in a 12-month period, employees who are required to wear safety footwear on the job
may request a voucher or reimbursement of up to $250 in a single purchase as follows:
One pair of safety boots; one pair of safety shoes; one package of socks; one water
resistant spray; one mink oil; and one set of laces and inserts for each new pair of
footwear. Employees cannot purchase two pairs of the same type (boot vs shoe) in
their annual purchase.
In the event safety footwear is damaged or no longer provides adequate protection, an
employee may be eligible for replacement footwear within the 12-month period, up to $250 in
a single purchase, as follows:
One pair of boots or shoes; one package of socks; and one set of inserts for the new
footwear. The replacement footwear must be the same as the damaged footwear in
need of replacing (boot vs shoe), and the inserts must be for the replacement
footwear.
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All footwear purchases under this policy must be purchased at a vendor previously approved
by Safety; some exceptions may be made in limited circumstances.
The District will evaluate the need for other personal protective equipment when needed, and
in compliance with state and Federal law.
Procedures
For footwear, employees must have a completed Annual or Replacement Footwear Voucher
from the Safety department prior to purchase. To be approved for replacement purchases,
the employee must bring the actual damaged footwear to their supervisor for inspection.
With the supervisor’s approval, a Replacement Boot Voucher must be submitted to the
Safety department. After purchase, a copy of the voucher and receipt must be turned back in
to the Safety department and Purchasing. Employees approved to use another vendor must
submit a Purchase Request for that vendor, or themselves in the case of reimbursement.
For prescription safety glasses, employees must request a voucher from the Safety
department. The voucher and receipt must be entered into the CMMS for a reimbursement
to the employee.
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SUPPLEMENT #15
FAMILY AND MEDICAL LEAVE POLICY
Introduction
The District provides job- protected family and medical leave for eligible employees in
accordance with the Federal Family and Medical Leave Act (FMLA), California Family Rights
Act (CFRA), and California Pregnancy Disability Leave Law (PDL). If any provision of
applicable law conflicts with this policy, the law will control.
Policy
Under the FMLA/CFRA twelve weeks of unpaid job-protected leave is permitted in a 12-
month period for qualifying medical and family issues. For purposes of calculating the 12-
month period, the District uses a rolling 12-month period measured backward from the date
an employee uses FMLA/CFRA leave, also known as a “look back” period. Leave may be
taken all at once or intermittently when medically necessary or for birth, placement, or
adoption of child. Employees may use sick leave (except for bonding time), vacation, floating
holidays, or compensatory time, or take the leave unpaid. Human Resources will provide
information on paid leave benefits provided by the State and/or the District.
Definitions
“Serious health condition” includes an injury, illness, impairment or physical or mental
condition that involves any period of incapacity or treatment connected with inpatient care;
any period of incapacity: (a) requiring absence of more than three (3) calendar days from
work, (b) requiring continuing treatment by a healthcare provider for a chronic or temporary
serious health condition or (c) pregnancy-related disability.
“Child” is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of an
employee or the employee's domestic partner (CFRA only), or a person to whom the
employee stands in loco parentis (under the FMLA a child 18 or older must be incapable of
self-care due to mental or physical disability)
“Parent” is a biological, foster, or adoptive parent, a parent-in-law (CFRA only), a stepparent,
a legal guardian, or other person who stood in loco parentis to the employee when the
employee was a child. A biological or legal relationship is not necessary for a person to have
stood in loco parentis to the employee as a child.
“Bonding time” is taken for a newborn, foster, or adoptive child within the first 12 months of
birth or placement. Except for twice a year, bonding time is a minimum of 2 weeks.
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Types of Leave
FMLA and CFRA provide up to 12 weeks of leave for the following reasons:
1. the birth of an employee’s child or the placement of a child with the employee for
foster care or adoption, so long as the leave is completed within 12 months of the
birth or placement of the child;
2. the care of the employee’s spouse, child, or parent with a “serious health
condition”;
3. (CFRA ONLY) the care of the employee’s parent-in-law, grandparent, grandchild,
sibling, registered domestic partner or designated person with a “serious health
condition”;
4. the “serious health condition” of the employee (for CFRA this does not include
pregnancy, childbirth or related medical conditions which are covered by PDL);
5. (FMLA ONLY) the care of the employee’s spouse, child, parent, or next of kin who
is a member of the Armed Forces, including a member of the National Guard or
Reserves, and who is undergoing medical treatment, recuperation, or therapy, is
otherwise in outpatient status, or is otherwise on the temporary disability retired
list, with a serious injury or illness (which may be taken for up to a total of 26
workweeks of leave during a single 12-month period in a single year looking
forward); or
6. any qualifying exigency as defined by the applicable regulations arising out of the
fact that the employee’s spouse, child, registered domestic partner (CFRA only) or
parent is on active duty (or has been notified of an impending call or order to active
duty) in the Armed Forces in support of a contingency operation.
Eligibility
To be eligible under FMLA/CFRA, employees must be employed for at least 12 months, and
worked at least 1,250 hours during the 12 months preceding the start of leave. In most
circumstances, leave under federal and state law will run at the same time. FMLA/CFRA will
run concurrent with Worker’s Compensation leave.
FMLA will run concurrently with PDL. In addition to time off under FMLA and PDL, an
employee may be eligible for up to 12 weeks of bonding time under CFRA.
Employee Responsibilities
Requests for protected medical leave must be made 30 days in advance, unless the need for
leave is sudden or unforeseen, in which case the request should be made as soon as is
practicable. A medical certification form must be completed by the treating healthcare
provider before leave will be allowed under the law; the form must state that the condition is a
serious health condition as defined by the law, detail the amount of leave needed, estimated
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appointments, and/or any work restrictions. The District reserves the right to not require a
medical certification form if the District has been provided with other sufficient information to
make a determination (i.e. worker’s compensation injury). If the District has reason to doubt
the validity of a certification, it has the right to request a second opinion from a different
healthcare provider. If those medical opinions differ, the District may require a third provider
opinion, approved jointly but paid for by the District. The opinion of the third healthcare
provider will be binding. A return-to-work note is required before the employee will be
permitted to work from their own serious health condition.
While on approved leave, the employee is responsible for paying their share of medical
premiums, supplemental life insurance, computer loans, or any other amounts owed to the
District. It is the employee’s responsibility to apply for monetary benefits, such as disability
insurance. Employees taking intermittent leave should make reasonable efforts to schedule
appointments at a time that is least disruptive to District operations. Employees must notify
Human Resources of any change in their status. Employees who misuse or abuse protected
family leave may be disciplined up to and including termination.
District Responsibilities
The District must respond to leave requests within 5 business days. During leave, the
District will maintain health insurance at the same level and under the same conditions as
when employee was active. Upon termination of leave, and if the employee can return to
work, the District will reinstate the employee to the same or equivalent position held before
leave commenced (the same position for PDL). Employees have no greater rights to
reinstatement, benefits, and other conditions of employment than if the employee had been
continuously employed during the FMLA/CFRA/PDL period.
Questions and/or Complaints about FMLA/CFRA Leave
The FMLA/CFRA makes it unlawful for employers to: 1) interfere with, restrain, or deny the
exercise of any right provided under FMLA/CFRA; or 2) discharge or discriminate against any
person for opposing any practice made unlawful by FMLA/CFRA or involvement in any
proceeding under or relating to FMLA/CFRA. If employees believe their FMLA/CFRA rights
have been violated or have questions regarding FMLA/CFRA leave, they should contact
Human Resources immediately. Any FMLA/CFRA complaints will be investigated, and
prompt and appropriate remedial action will be taken to address and/or remedy any
FMLA/CFRA violation.
Leave Associated with Pregnancy/Childbirth
Medical conditions associated with pregnancy, miscarriage or childbirth will be treated like
any medical or temporary disability under the District’s policies. Under the California Fair
Employment and Housing Act (FEHA), if an employee is disabled by pregnancy, childbirth or
related medical conditions, the employee is eligible to take a Pregnancy Disability Leave
(PDL) of up to four months (17½ weeks). This time generally runs concurrently with FMLA
but does not run concurrently with CFRA. Time off needed for prenatal or postnatal care,
severe morning sickness, doctor-ordered bed rest, gestational diabetes, pregnancy-induced
hypertension, preeclampsia, childbirth, recovery from childbirth, post-partum depression and
loss are all covered. Under the federal Family Medical Leave Act and California Family
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Rights Act, employees returning from PDL may also be eligible to request additional leave
time.
Under the Pregnant Worker’s Fairness Act and FEHA, if an employee is affected by
pregnancy or related medical condition, the employee is also eligible for a reasonable
accommodation and/or a transfer to a less strenuous or hazardous position or to less
strenuous or hazardous duties, if this reasonable accommodation and/or transfer is medically
advisable. Additional unpaid leave may also be a reasonable accommodation.
Employees with pregnancy-related leaves are allowed and encouraged, but not required, to
use any accrued and available paid time off. Employees’ health benefits will be continued
during a Pregnancy Disability Leave under California law.