Chapter 3.65
JOB-RELATED CONDUCT
Sections:
3.65.020 Intoxicating beverages or illegal drugs.
3.65.030 Substance abuse testing policy (safety-related employees and commercial drivers).
3.65.050 Workplace violence policy.
3.65.060 Employee identification card.
3.65.070 Use of district vehicles.
3.65.075 Unlawful use of cell phone while operating district vehicle.
3.65.080 Use of district equipment.
3.65.100 Servicing of HDWD employee personal, family, and relatives water account.
3.65.140 Actions which may result in discipline.
3.65.010 Personal conduct.
All district employees shall cooperate at all times with co-workers and the public. Discourteous treatment of the public or co-workers will be cause for disciplinary action. [Res. 10-13 Art. 12 § A].
3.65.020 Intoxicating beverages or illegal drugs.
Possession and/or use of intoxicating beverage(s) or illegal drug(s) or legal drugs that impair the employee’s ability to work safely or efficiently will not be permitted during working hours or on district property or in district vehicles. Violation of this provision could be cause for immediate dismissal. Any employee exhibiting behavior that indicates they are in violation of this policy will be subject to disciplinary action.
An employee assigned to standby duty shall abstain from consuming any intoxicating beverage and/or drug while assigned to said duty. Failure to comply with this policy could be cause for immediate dismissal. Furthermore, if an employee is involved in an accident while under the influence of any intoxicating beverage(s) and/or illegal drug(s), the employee may be held personally liable for injuries or damages sustained as a result of his/her actions and will not be eligible for workers’ compensation coverage for his/her own injuries and this will be cause for immediate termination.
A comprehensive drug and alcohol policy is described, in detail, in Chapter 3.90 HDWDC and may be obtained from the human resources manager. [Res. 10-13 Art. 12 § B].
3.65.030 Substance abuse testing policy (safety-related employees and commercial drivers).
The district is committed to maintaining a work environment that is free of the risks associated with the use of alcohol and controlled substances. Toward this end, the district has already implemented a comprehensive substance abuse testing policy that covers certain employees who have commercial drivers’ licenses and use those licenses in carrying out their job duties, and certain employees who perform safety-related job functions.
A comprehensive substance abuse testing policy is described, in detail, in Chapter 3.90 HDWDC and may also be obtained from the human resources manager. [Res. 10-13 Art. 12 § C].
3.65.040 No smoking policy.
Smoking is only allowed within designated smoking areas provided by the district. The only designated smoking areas are outside and away from other nonsmoking employees or customers. Further, no employee shall smoke any object around any flammable materials. Electronic cigarettes are subject to the no smoking policy. [Res. 15-05 Att. A; Res. 10-13 Art. 12 § D].
3.65.050 Workplace violence policy.
All employees are prohibited from engaging in any activity that encourages or results in an unsafe work environment. This includes verbal arguments, physical pushing or fighting, abusive language, challenging to fight another person, threatening another person, abusive or harassing behavior, or any other activity determined by the district to be a potential safety risk to our employees, customers, vendors or the general public.
Further, all employees are prohibited from the unauthorized possession or use of the below-listed items while on district-controlled property or assignments. Possession of a concealed weapons permit or other permit issued by a law enforcement agency will not allow the possession or use of these items while on district assignment. This is a zero tolerance policy, which will result in termination even on the first offense.
A. Firearms/Bows. This includes any device that will fire a projectile of any shape, size or configuration.
B. Knives. This includes any unauthorized cutting device; allowable are non-switchblade pocket knives that are concealed in the closed position.
C. Explosives. This includes any device or instrument manufactured or intended to cause harm to people.
D. Unauthorized chemicals.
E. Any Harmful Items. This includes any item the agency may determine to be potentially harmful to its employees. [Res. 12-18 Att. A; Res. 10-13 Art. 12 § E].
3.65.060 Employee identification card.
Employees must keep identification cards accessible for proper identification. When working away from the district’s premises and performing district-related work, employee identification cards must be in the employee’s possession at all times. [Res. 10-13 Art. 12 § F].
3.65.070 Use of district vehicles.
Upon approval of his/her supervisor, an employee may be required to use a district vehicle, or at times may be permitted to use a personal vehicle, while conducting district business. While using a personal vehicle, the employee will be reimbursed a mileage rate equivalent to the rate established by the Internal Revenue Service providing that the employee has a certificate of automobile insurance on file with the district. An accurate amount of total mileage must be maintained. In order to ensure that those employees using district vehicles are safe drivers, a California driver’s license is required and the general manager shall check the employee’s driving record through the Department of Motor Vehicles.
If operating a district vehicle, or a personal vehicle on behalf of the district, the employee shall comply with all district and state laws regarding the operation of motor vehicles, including state law requiring both driver and passengers of motor vehicles to wear seat belts. For drivers, use of a cell phone must be hands-free. Employees will be personally responsible for any traffic citation incurred unless excused by the general manager.
If an accident should occur, the employee must stay at the scene until a traffic accident report is prepared by the local law enforcement agency, unless the employee requires medical attention. The accident must be brought to the attention of the general manager immediately through the chain of command. If the accident was the employee’s fault, and depending on the circumstances, the employee may be held personally liable for the damage and any liability claims arising from the accident. The accident, depending on the circumstances, may also be grounds for dismissal.
The following rules shall apply to the use of district vehicles:
A. Board of Directors. Board directors may check out a district vehicle to drive to and from approved meetings by reserving dates with the district secretary.
B. General Manager. The district requires the general manager to drive a vehicle, in order to be able to respond in emergency situations for the purpose of restoring or maintaining water services. Therefore, the general manager’s employment contract may include a monthly auto allowance, paid as taxable income, in compensation for business use of his/her personal vehicle. In lieu of the auto allowance, the general manager may receive the use of a district-provided vehicle for his/her business and personal use. If so, the cost to purchase, maintain, and insure the district-provided vehicle will not exceed the amount of the auto allowance specified in the general manager’s contract.
C. Assigned Vehicles. Certain district service vehicles are assigned to specific management and supervisory positions on a 24-hour-per-day basis for emergency purposes. Staff assigned vehicles must reside with sufficient distance from the district service territory to ensure the requirements of HDWDC 3.40.070(F) are met. The acceptable distance shall be determined by the general manager on a case-by-case basis. A list of district employees who are assigned such vehicles is maintained by human resources. Such employees are authorized to use the vehicles assigned to them day or night to respond to district business requirements.
Certain district service vehicles are assigned to employees who are on call for emergencies that occur during nonbusiness hours. Such employees are authorized to use the vehicles assigned to them during the scheduled on-call periods to respond to district business requirements.
The above employees are also authorized to use the vehicle for transportation to and from their residence and to store the vehicle at their residence when the vehicle is not being used for district business. The above employees may also use the vehicle for educational activities, personal errands during lunch breaks and on their way to and from work, and for medical appointments occurring during work hours. With written approval from the general manager, the above employees may transport members of their immediate family (spouse and children) during lunch breaks and on their way to and from work. Transportation of any nondistrict personnel for nondistrict business requires the approval of the general manager. Any other use of such vehicles is not authorized, and unauthorized use of such vehicles will subject the employee to disciplinary action, up to and including suspension and/or termination.
Employees must comply with all district policies and procedures and must remain sensitive to the public’s perception of them while using district vehicles. The transportation of firearms, alcoholic beverages or illegal drugs is prohibited.
Each employee assigned a district vehicle is responsible for Social Security and income taxes relating to the commuting value and will comply with all applicable Internal Revenue Service regulations.
D. All employees who drive a district vehicle will be required to sign the district employee vehicle use indemnification agreement.
E. Except as stated above, use of district vehicles outside of normal business hours may be made only upon prior approval of the general manager.
F. Except as stated above, district employees may use district vehicles only for transportation required to perform their official district duties.
G. Smoking is prohibited in all district vehicles, including those assigned to an employee and all vehicles available to employees for general district business such as pool vehicles, utility trucks, heavy equipment, etc. [Res. 21-18; Res. 20-24].
3.65.075 Unlawful use of cell phone while operating district vehicle.
The district takes vehicle safety extremely seriously, and is adamant that employees not unlawfully use cell phones (or other equipment which may impair the ability to safely operate a vehicle) while operating district vehicles. As such, a moving violation for unlawful use of a cell phone (or other equipment which may impair the ability to safely operate a vehicle) issued by a law enforcement authority, or direct observation by a district manager or the employee’s direct supervisor, of unlawful use of a cell phone or other equipment while driving a district vehicle will result in a minimum of three days (30 hours) unpaid suspension. A second such violation may result in termination of employment. [Res. 15-26].
3.65.080 Use of district equipment.
District-owned or leased equipment will not be used by any person(s) other than those conducting district business. Such unauthorized use may be cause for immediate dismissal. [Res. 10-13 Art. 12 § H].
3.65.090 Cashing of checks.
The district will not cash any checks, including payroll and personal, for employees or customers. [Res. 12-18 Att. A; Res. 10-13 Art. 12 § I].
3.65.100 Servicing of HDWD employee personal, family, and relatives water account.
In the interest of maintaining an appropriate and traceable method of servicing district employees’ personal water accounts, and the accounts of their family and/or relatives, the procedures outlined below must be followed:
A. When any district employee needs any type of service on their personal water account, or on the account(s) of their family and/or relatives, the changes and/or updates must be made through a customer service representative with the approval of the customer service supervisor. These services include, but are not limited to, posting payments, new account setup, adjustments, lock-off for non-pay, and transfer of service.
B. It is the customer service representative’s responsibility to get the approval of the customer service supervisor in a prompt and timely fashion. This may be done via e-mail or on a copy of the work order. In the absence of the customer service supervisor, either the chief financial officer or the general manager can give the approval for services.
C. Any payment arrangement made with any employee of the district must have prior approval of the general manager. [Res. 11-21 Exh. B; Res. 10-13 Art. 12 § J].
3.65.110 District functions.
With the general manager’s prior approval, those employees required to be in attendance at district functions will be reimbursed for the actual expenses incurred. [Res. 10-13 Art. 12 § K].
3.65.120 Political activity.
Political activity of employees will be restricted in accordance to state law as currently provided in the State Government Code, Chapter 9.5, Sections 3201 through 3209, including, but not limited to, the following:
A. District officers and employees are prohibited from soliciting political funds or contributions from other district employees and the public during business hours.
B. District officers and employees are prohibited from engaging in political activity during work hours and/or on district premises. [Res. 10-13 Art. 12 § L].
3.65.130 Outside employment.
Employees are permitted to engage in outside employment subject to the following restrictions:
A. Any outside employment is secondary to the Hi-Desert Water District (HDWD) employment and shall not interfere with proper performance of HDWD employment. Employees are to report to work on time and ready to work. Outside employment will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work overtime or different hours. If outside employment causes or contributes to job related problems at the HDWD, the employee will be asked to discontinue outside employment and may be subject to disciplinary action, up to and including termination.
B. Employees are prohibited from working for any contractor or company that has a contract with the HDWD during the period of contracted services for the HDWD.
C. Employees shall not solicit or conduct outside employment during work time or that requires the use of HDWD equipment, facilities, confidential information or materials.
Prior to an employee accepting outside employment, approval from the general manager must first be sought, and the HDWD employee must ensure that a conflict of interest would not develop from the outside employment. A conflict of interest in outside employment, business interests, or personal transactions will not be permitted and may be grounds for disciplinary action, up to and including termination.
An outside employment form must be completed and signed by the HDWD employee, signed by his or her supervisor, and final approval given by the general manager. The outside employment form must be completed on an annual basis and placed in the employee’s personnel file. [Res. 21-03].
3.65.140 Actions which may result in discipline.
The following actions are subject to disciplinary action, up to and including dismissal:
A. Failing to follow a lawful direction of a superior.
B. Reckless driving while on compensable time, or at any time driving a district vehicle.
C. Discussing personal problems with customers.
D. Soliciting or accepting tips/gifts for district services for personal gain.
E. Violation of federal, state, or local laws.
F. Failing to exercise proper custodial responsibility of district keys or property.
G. Absence of two consecutive working days without notifying the supervisor.
H. Excessive or unjustified absences or tardiness, or failure to inform the supervisor that you are unable to report for work.
I. Consuming food or beverage at unauthorized times or in unauthorized areas.
J. Taking more than the specified time for meals or rest breaks.
K. Unauthorized attendance or participation in meetings or gatherings during working hours.
L. Unacceptable personal grooming.
M. Failure to promptly report injury or illness.
N. Scheduling off-duty time or paid time off without the express consent of the supervisor.
O. Improper use of PTO, floating holiday, or administrative leave.
P. Disorderly, immoral, indecent or criminal conduct on the job.
Q. Gambling on district premises.
R. Soliciting, collecting funds, posting of notice(s), and/or circulating literature of any nature on district property during working hours without the approval of the general manager.
S. Misrepresenting reasons when applying for a leave of absence or other time off work.
T. Failure to withdraw from, or report, outside activities or interests, which conflict with, detract from, or adversely affect the interests of the district.
U. Sleeping on the job, intentional slow down of work, intentional disruption of the workforce, or loafing during working hours.
V. Fighting with fellow employees.
W. Entering time on another employee’s time card, or requesting another person to enter time on your time card.
X. Entering time “in” and “out” on time card at times other than those authorized.
Y. Permitting another person to use keys to enter district property without proper authorization.
Z. Unauthorized possession of firearms or other weapons on district property or while on duty.
AA. Willful or careless disregard of, or inattention to, working directions and instructions, or refusal to comply with, or violations of, rules, safety or fire regulations or sanitary rules and regulations.
BB. Conducting personal business on district time.
CC. Excessive use of the district telephone for personal matters.
DD. Conduct unbecoming or prejudicial to the good reputation of the district.
EE. Disobeying or insubordination to superior(s).
FF. Attempting to intimidate or coerce other employees.
GG. Failure to notify your supervisor if you leave your job during working hours.
HH. Disclosing anything of a personal nature concerning a customer or employee such as addresses, telephone numbers, etc., unless the specific work duties require the giving or exchange of such information.
II. Discourteous conduct, abusive treatment or inappropriate language directed toward any customer, visitor, guest, employee or superior.
JJ. Inefficiency, inability or negligence in the performance of assigned duties.
KK. Stealing or willfully destroying or damaging property of the district, its customers, visitors, or personnel.
LL. Altering, falsifying or making willful or material misstatement of facts on any district application for employment, form, record or chart.
MM. Conduct undermining authority, disruption of district functions or detrimental to close working relationship among employees.
NN. Texting (writing or reading texts) while driving.
It is not the intent of this chapter to list every conceivable, undesirable employee conduct but to provide examples of such conduct. At-will employees are subject to dismissal and other discipline with or without cause and without right of appeal or hearing. [Res. 15-05 Att. A; amended by district 5/2012; Res. 11-21; Res. 10-13 Art. 12 § N].