Chapter 6.10
PERSONNEL MERIT SYSTEM
Sections:
6.10.010 Regulations.
A. Definitions. In this chapter, the following definitions apply:
“Classified service” means all employees of the District unless expressly excluded by this code.
“Personnel rules” means the set of rules formulated by the General Manager to implement this chapter.
B. Purpose. A personnel merit system is adopted to accomplish the following purposes:
1. To recruit and retain the best qualified persons available for service with the District.
2. To promote and increase economy and efficiency in the service of the District.
3. To provide a comprehensive personnel system for the District classified service, so that:
a. The appointment of persons to, the transfer, promotion, demotion and suspension of persons in, and the separation of persons from that service is effected solely on the basis of merit, fitness and efficiency, and without regard to the individual’s actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation or other legally protected classification.
b. Positions involving comparable duties and responsibilities will be similarly classified and compensated.
c. Tenure of employment is subject to satisfactory performance of duties and responsibilities and the appropriation of sufficient funds.
C. Administration of the System. The General Manager shall administer the personnel system specified in this chapter and is responsible for seeing that the policies of the chapter are implemented and enforced. The General Manager shall formulate and approve personnel rules and revisions implementing this chapter. The General Manager shall formulate a classification plan consisting of job classifications of all District positions, titles, salaries, and job descriptions that shall be approved by the Board.
The General Manager shall formulate and maintain a compensation plan specifying all steps of salary for all classifications, which shall be in conformance with compensation specified in applicable MOUs, personal services agreements (PSAs) or any other document duly approved by the Board.
The plans, rules, programs or amendments formulated by the General Manager shall have the same legal effect as if a part of this chapter. In cases of conflicting language, the applicable memorandum of understanding shall supersede the language in this document.
D. Positions Covered by the System. This chapter applies to each office, employment and position in the District, except as follows:
1. Elected positions.
2. The General Manager.
3. Senior manager classification(s).
4. District Secretary and/or Treasurer.
5. Members of any appointed board, commission or committee.
6. Any person engaged under personal services agreement or other contract to supply expert, professional, technical or other services.
7. Volunteer personnel.
8. Student interns or temporary personnel, as defined in the District personnel rules.
9. Any other position that may be expressly exempted by the Board.
E. Grounds for Discipline. The General Manager may take disciplinary actions including suspension, dismissal, demotion or other punitive action against any employee in the classified service. The employee shall receive written notice stating the cause for such action, in accordance with the procedure established in the personnel rules. The disciplinary action shall be for good cause, including but not limited to the reasons listed in the personnel rules formulated by the General Manager.
1. Grounds for disciplinary action may include but are not limited to:
a. Fraud, misrepresentation of fact, or concealment in securing appointment.
b. Incompetence and/or inefficiency (i.e., failure to skillfully perform job functions).
c. Inexcusable neglect of duty; refusal to accept overtime assigned as necessary to meet District needs when time or service is of the essence.
d. Insubordination, including improper conduct toward a supervisor or refusal to perform tasks assigned by a supervisor in the appropriate manner.
e. Dishonesty.
f. Possession, distribution, sale, use, or being under the influence of alcoholic beverages or illegal drugs while on District property, while on duty, or while operating a vehicle on District business.
g. Unauthorized, unjustified, or excessive absence including abuse of any of the District’s policies or procedures relating to leaves of absence, including repeated tardiness.
h. Convictions for certain felonies and misdemeanor offenses.
i. Any conduct that injures or threatens injury to the District’s interests or those of its employees or of the public it serves.
j. Disobedience of safety rules, regulations, policies, practices, house rules, and procedures including the wearing of safety equipment as directed; any action that indicates a lack of concern for injury to self or others.
k. Misusing, destroying, or damaging property of the state, city, county, District, another employee or a District visitor.
l. Violation of District personnel policies and rules.
m. Any other failure of good behavior or acts during duty hours that are incompatible with public service.
n. Failure to maintain a valid California motor vehicle driver’s license and a good driving record in accordance with District insurability requirements.
o. Theft or unauthorized removal or possession of property from the District, other employees, or anyone else.
p. Actual or threatened physical violence towards another employee.
q. Possession or use of dangerous or unauthorized materials, such as explosives, firearms, or other similar items, while on District property, while on duty, or while operating a vehicle leased or owned by the District.
r. Harassment of another employee.
s. Any other reasons listed in the personnel merit system.
2. Grounds for suspension, with or without pay, may include but are not limited to:
a. Disciplinary reasons as stated.
b. During an investigation period.
c. In anticipation of the result of an investigation of charges against an employee.
d. An emergency situation in which the employee’s continued presence at work would do harm to the individual, to other District employees, or to the general public.
In the event charges brought against an employee are dismissed for insufficient evidence or if an employee is cleared of all charges as a result of the investigation, the employee shall suffer no loss of pay or other benefits for the period of the suspension.
F. Appeals.
1. Appeals of Dismissals, Demotions, and Suspensions.
a. Any regular, nonprobationary employee in the classified service may appeal a decision by the General Manager to dismiss, demote, or suspend that employee. The appeal, which must include a request to invoke nonbinding arbitration, shall be filed with the General Manager in writing, within 10 calendar days from the date of the notice of the disciplinary action. Failure to timely submit an appeal shall be deemed a waiver of the right to an appeal and the disciplinary action imposed by the General Manager shall become final.
b. On or after the date that an appeal is received, the District will request the State Mediation and Conciliation Service or the American Association of Arbitrators to provide a list of seven impartial persons to act as a hearing officer. A copy of the list shall be provided to the employee and/or the employee’s representative. Representatives of the two parties shall meet or confer by telephone within 10 calendar days after receipt of the list to select a hearing officer. If the parties are unable to mutually agree to a hearing officer from the list, then the parties shall alternately strike names from the list until one name remains and that person shall be the duly selected hearing officer. The procedure to determine who strikes the first name shall be determined by lot. If either party refuses to participate in the selection process, the other party shall select the hearing officer from the list.
c. Upon conclusion of the evidentiary hearing, the hearing officer shall provide the General Manager and the employee and the employee representative, if any, with copies of his/her decision on the merits of the appeal with references to, and a discussion of, the evidence supporting the decision. The hearing officer’s decision shall be advisory only and is nonbinding on either party.
d. After the hearing officer’s decision is issued, either party may request review of that decision by the District’s Board of Directors. Any request for review must be made within 30 calendar days of the date of the hearing officer’s decision. If neither party requests review of the hearing officer’s decision by the Board of Directors, then the hearing officer’s decision shall be final.
e. The hearing officer’s fees and expenses of any appeal under this section shall be borne equally by the parties. If either party requires a transcript of the hearing before the hearing officer, that party shall bear the entire cost of such transcript.
f. In the event of review of the hearing officer’s decision by the Board of Directors, each party may submit a written statement or argument regarding the hearing officer’s opinion. This written statement or argument shall not exceed five pages in length. Any decision by the Board of Directors shall be based solely on the record established during the hearing. No new evidence will be allowed and a new hearing shall not be conducted before the Board of Directors. The Board of Directors shall review the record and render a decision within 60 calendar days of receipt of a request for Board review. Any decision by the District’s Board of Directors shall be final.
g. No employee shall be subject to harassment, discrimination, or any reprisal for utilizing any part of this appeal process.
h. The timeline set forth in this appeal process may be extended by mutual agreement of the parties.
The appeals process as outlined above may change if necessary to remain compliant with federal, state, and local laws.
2. Appeals to the General Manager. Any of the actions listed below may be appealed within 10 calendar days after the action, by filing a written appeal with the General Manager:
a. Rejection of an application of a regular, nonprobationary District employee for an examination, or disqualification of a regular nonprobationary District employee in any portion of an examination.
b. Refusal by the General Manager to place the name of a District employee on an eligibility list.
c. Allocation of an employee position from one class to another class.
The General Manager shall establish procedures for reviewing the preceding appeals. The decision of the General Manager with regard to any such appeal is final and binding. Within 10 calendar days of making a decision, the General Manager shall submit a written statement to the District’s Board of Directors that includes a summary of the nature of the appeal, the findings of fact, and any actions taken in response to the appeal. A copy of this written statement shall be provided to the appellant.
G. Incompatible Activities. An employee in the classified service shall not engage in any outside employment, activity or enterprise if it:
1. Involves the use for private gain or advantage of District-compensated employee time or District facilities, equipment and supplies, or the badge, uniform, prestige or influence of the employee’s office or employment.
2. Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the District for the performance of an act which the employee, if not performing the act, would be required or expected to render in the regular course or hours of the employee’s employment or as a part of his/her duties as a District employee.
3. Involves participation in any political activity prohibited by pertinent provisions of state and/or federal law.
4. Involves divulging confidential information to anyone to whom issuance of such information has not been authorized.
5. Involves participation in any employment or other activity which interferes with the effective performance of his/her job duties with the District or adversely affects the productivity, effective performance, or the health and safety of the employee or individuals with whom he/she works.
6. Employee organizations.
Employees of the classified service may join employee organizations of their own choice in accordance with the California Government Code. Such employees also have the right to refuse to join or participate in the activities of employee organizations. Each employee has the right to represent himself or herself individually in employment relations with the District. An employee shall not be discriminated against, granted preferential treatment, or have equitable treatment withheld because of either membership or nonmembership in an employee organization. [Ord. 74, 1969; Ord. 118, 1975; Ord. 130, 1977; Ord. 188, 1984; Ord. 270, 1996; Ord. 273, 1997; Ord. 282, 1998; Ord. 320, 2007; Ord. 327, 2010; Ord. 332, 2014.]