Chapter 3.25
GENERAL PROVISIONS
Sections:
3.25.020 Fair employment policy.
3.25.050 Anti-fraud/ethics policy.
3.25.060 Employee whistleblower protection.
3.25.010 Responsibility.
The general manager is the individual responsible for all personnel matters within the district and is the ex officio personnel officer for the district. The board of directors appoints the general manager. The general manager hires all other employees. The general manager may delegate any of the powers and duties conferred upon him/her as personnel officer of the district. The general manager is responsible for maintaining Chapters 3.04 through 3.105 HDWDC in a current status. [Res. 10-13 Art. 4 § A].
3.25.020 Fair employment policy.
It is the district’s policy to seek the most qualified person for each position while also providing an equal opportunity for all persons to compete for employment with the district. There will be no consideration of race, color, gender, familial status, perceived gender, age, ancestry, national origin, political or religious affiliation, or physical or mental disability that does not prevent the employee from performing the essential functions of the job, with or without reasonable accommodation, in any personnel activity undertaken by the district, except where a bona fide occupational qualification so dictates. The district will comply with federal, state, and local regulations and shall be nondiscriminatory in recruitment, appointment, promotion, retention, termination, and all other personnel matters. [Res. 10-13 Art. 4 § B].
3.25.030 Merit system policy.
The personnel system within the Hi-Desert Water District is operated on the merit basis. The board of directors and general manager have determined that it is in the best interest of the public and employees that all personnel will be promoted, given salary increases, and demoted based upon their job performance.
Individuals will be hired according to the employment selection process as described in Chapter 3.35 HDWDC. Disciplinary action will be conducted in accordance with Chapter 3.75 HDWDC, Disciplinary Action.
The district’s merit personnel system will attempt to be as flexible as possible to provide for the needs and requirements of each individual employee, with the primary purpose of the merit system being to create a smoothly operating personnel system, which provides services to the public in an efficient and economical manner. [Res. 10-13 Art. 4 § C].
3.25.040 Open door policy.
If any area of an employee’s work is causing them concern, they have the responsibility to address their concern with their supervisor or manager. Whether they have a problem, a complaint, a suggestion, or an observation, district management wants to hear from the employee. By listening to the employee, the district is able to improve, to address complaints, and to support employee understanding of the rationale for practices, processes, and decisions.
Most problems can and should be solved in discussion with the employee’s immediate supervisor; this is encouraged as the first effort to solve a problem. But, an open door policy means that the employee may discuss their issues and concerns with higher levels of management and/or human resources staff members. No matter how an employee approaches their problem, complaint, or suggestion, they will find supervisors and managers at all levels of the organization willing to listen and to help bring about a solution or a clarification. [Res. 10-13 Art. 4 § D].
3.25.050 Anti-fraud/ethics policy.
The Hi-Desert Water District and its employees must, at all times, comply with all applicable laws and regulations. Employees uncertain about the application or interpretation of any legal requirements should refer the matter to their supervisor.
The district expects its employees to conduct themselves in a businesslike manner and perform duties conscientiously, honestly, and in accordance with the best interests of the organization. Employees are expected to take great care when working with district suppliers, contractual contacts, and the public. Employees should respect the confidentiality of information acquired in the course of their work. Regardless of circumstances, if an employee senses that a course of action may involve a conflict of interest, fraud and/or dishonesty, they should immediately communicate all facts to their supervisor, the human resources manager, or the general manager. If the communication is in reference to the general manager, they should contact any director. [Res. 12-18 Att. A].
3.25.060 Employee whistleblower protection.
The district is committed to operating in compliance with all applicable laws, rules and regulations, including those concerning accounting and auditing, and prohibits fraudulent practices by any of its board of directors, officers, employees, or volunteers. This policy outlines a procedure for employees to report actions that an employee reasonably believes violate a law or regulation or that constitutes fraudulent accounting or other practices. This policy applies to any matter which is related to district business and does not relate to private acts of an individual not connected to district business.
If an employee has a reasonable belief that an employee or other district agent has engaged in any action that violates any applicable law or regulation, including those concerning accounting and auditing, or constitutes a fraudulent practice, the employee is expected to immediately report such information to the human resources manager. If the employee does not feel comfortable reporting the information to the human resources manager, he or she is expected to report the information to the general manager. If the employee does not feel comfortable reporting the information to the general manager, he or she is expected to report the conduct to the board of directors. All reports should be submitted in writing to properly characterize the concerns. The district will not retaliate against an employee in the terms and conditions of employment because that employee: (a) reports to a supervisor, to the human resources manager, general manager, the board of directors or to a federal, state or local agency what the employee believes in good faith to be a violation of the law; or (b) participates in good faith in any resulting investigation or proceeding; or (c) exercises his or her rights under any state or federal law(s) or regulation(s) to pursue a claim or take legal action to protect the employee’s rights.
The district may take disciplinary action (up to and including termination) against an employee who in management’s assessment has engaged in retaliatory conduct in violation of this policy. The district will not, with the intent to retaliate, take any action harmful to any employee who has provided to law enforcement personnel, or court, truthful information relating to the commission or possible commission by district or any of its employees of a violation of any applicable law or regulation. Supervisors will be trained on this policy and the district’s prohibition against retaliation in accordance with this policy. [Res. 14-16 Att. A].