Personnel Policies

Personnel Policies Of The Tehachapi Resource Conservation District

  1. INTRODUCTION
  1. Mission and History

The Tehachapi Resource Conservation District (WSRCD) was formed in 1947 and is a legal subdivision of the State of California, authorized under Division 9 of the Resources Code.  The District is empowered to develop and carry out natural resource conservation, education, and research programs primarily in Kern County. The District receives technical assistance from the Natural Resources Conservation Service (NRCS), and other government agencies.

  1. Purpose of the Manual

This manual is intended to provide a comprehensive description of the District’s personnel policies.  All employees are required to read this manual and sign a statement that they understand the implications of these policies.  Providing quality services to District landowners requires positive relationships and goodwill between the Board of Directors, the Administrative Manager, the Projects Manager, and staff.  The Personnel Policies are developed to define elements of these relationships in the belief that clear statement of rights and responsibilities will produce positive associations and understanding.

  1. Administration and Implementation.

The Board of Directors, which represents the District’s interests, purpose, and leadership, functions as the final administrative authority and as the policy making body for the District.  The Board of Directors hires the Administrative Manager and Projects Manager, who are responsible for the implementation of Board policies and programs.

  1. Policy Compliance
  1. Personnel Committee.  To fulfill the Board of Director’s responsibility as the governing body of the District, the Personnel Policies prescribe specific policies and procedures for the administration of employee relations.  Any issues or changes regarding the Personnel Policies are first reviewed by the Personnel Committee, which is made up of three members of the Board of Directors, the Administrative Manager and the Projects Manager.  The Personnel Committee makes all recommendations to the Board of Directors regarding changes in Personnel Policies.  No changes to the policy can be made unless voted on by the Board of Directors.
  2. Non-discrimination.  The District is committed to provide a work environment free of discrimination and harassment.  Discrimination or harassment is not condoned, nor will it be tolerated, in the work place or any related activity.  This includes discrimination or harassment on the basis of race, color, national origin, ancestry, sex, age, religion, marital status, political affiliation, pregnancy, medical condition, or physical handicap.

 

  1. Revisions to the Personnel Policies
  1. Annual Review.  There will be an annual review of the Personnel Policies during the fourth quarter of every fiscal year.
  2. Recommendations.  The annual review will be conducted by the Personnel Committee, who will make recommendations to the Board of Directors before the end of the fourth quarter of every fiscal year.
  3. Revisions.  Proposed revisions to the policies can be submitted by any employee or board member at any time during the year.  The proposed revisions shall be submitted in writing to the Administrative Manager, who will forward the proposal to the Personnel Committee prior to the next scheduled Personnel Committee meeting.

 

  1. BASIS OF EMPLOYMENT
  1. Probationary Employment.  All employees hired by the District are on a probationary status lasting at least six (6) months or the equivalent of six (6) months of full time employment of 40 hours/week.  The purpose of such probationary period is to enable the immediate supervisor, Projects Manager or Administrative Manager, or the employee to conclude whether the employment should be made into a regular status.  During the probationary period the employee is not eligible to accrue benefits.  Upon successful completion of the probationary period, with the approval of the employee’s supervisor, the employee will receive regular status.  Should the immediate supervisor feel the employee would benefit from an additional three (3) months of probation, the supervisor may set an additional probationary period that lasts no longer than three (3) months.  If the immediate supervisor, the Administrative or Projects Managers, or the employee conclude the employee’s work be terminated, the employment can be terminated during the probationary period at any time without prejudice or cause, without prior notice and without recourse.
  2. Regular Employment.  A person hired directly by the District, who is not a contractor, is a “regular employee.”  The six (6) month probationary period applies during which no holiday, paid leave or health benefits are accrued.  The month and date vacation and holiday pay begins, is called the “benefit anniversary date.”
  3. Full Time Employment.  All probationary or regular employees who are regularly scheduled for forty (40) hours or more of work within the work week.
  4. Part Time Employment.  All probationary or regular employees who are regularly scheduled for less than forty (40) hours of work within the work week.
  5. Temporary Workers.  Temporary workers are hired for seasonal work for an indeterminate period and are not eligible for any benefits provided by the district.  Temporary workers are subject to layoff and may be rehired if there is a need. (2-16-00)
  1. PAYROLL
  1. Salaried Payroll.  All employees of the District are paid bi-weekly commensurate with the agreed upon monthly salary.
  2. Hourly Payroll.  All employees hired on an hourly basis are paid bi-weekly at the established regular hourly rate for hours actually worked as scheduled.
  1. WORK WEEK AND COMPENSATORY TIME OFF
  1. Work Week.  The work week is defined as forty (40) hours, however the District does not guarantee a forty (40) hour work week.
  1. Office Hours.  Normal office hours are Monday through Friday, from 8:00 am to 5:00 pm with one (1) unpaid hour for lunch.
  2. Office and Field Scheduling.  Any employee can make a request to reschedule their time for other than regular office hours.  Scheduling other than regular office hours shall be done only upon agreement by the employee’s immediate supervisor and approval of the Administrative and/or Projects Manager.  Any immediate supervisor denying a request, shall also explain to the employee the reason for denial.
  3. Reporting.  An employee who cannot report to work on any given day shall make every attempt to call their supervisor.  An employee who must leave work is to report to their immediate supervisor prior to leaving work.  If the employee’s supervisor is not available, the employee should report to the Administrative Manager or Project Manager, whichever is most appropriate.
  1. Time Sheets.  All employees shall keep accurate time sheets on forms approved by the District.  Time sheets shall be submitted to the employee’s immediate supervisor, with appropriate absence requests and expense claim forms, within two (2) days following the last day of a pay period.
  2. Overtime.  Overtime must have prior authorization by the employee’s immediate supervisor.
  1. Overtime is defined as any hours in excess of eight (8) hours in any given day or as provided by state law.  The work week is from Monday to Sunday.
  2. Overtime may be compensated by one and one-half (1 ½) time off within four (4) weeks of earning overtime, or paid at the rate of one and one-half (1 ½) time the current rate of pay at the next pay date.  Overtime compensation must be agreed to between the employee and the supervisor prior to working overtime.

 

  1. PERFORMANCE EVALUATION
  1. Purpose.  The employee performance evaluation plays an important part in evaluating an employee’s performance and future job duties.  This is also a tool for self-evaluation and should be used to stimulate discussion between the employee and their supervisor.
  2. Responsibility.  The employee performance evaluations are done for regular employees and shall be prepared by the employee’s immediate supervisor and reviewed by the next level supervisor and Administrative Manager or Projects Manager, whichever is appropriate.  Employees may request the presence of a member of the Personnel Committee or Board of directors at their performance evaluation.
  3. Format.  A written evaluation and interview shall be conducted for each employee.  The form shown in Attachment III (as amended) shall be used for this purpose, with both supervisor and employee completing the form, comparing the results, and reaching agreement as shown by the signatures of both the employee and supervisor on the form.
  1. Time of Evaluation.  The evaluations will be made of the employee’s performance at the following times:
  1. At the end of six (6) months employment for probationary employee.
  2. At the end of any additional months the employee remains in a probationary status.
  3. Annually on our about the anniversary date when the employee became a “regular employee.”
  4. Interim evaluations may be scheduled at the discretion of the employee’s supervisor.
  1. Disagreements.  The employee may submit in writing to their immediate supervisor an opinion or explanation of statements with which the employee disagrees.  This response will be placed in the employee’s personnel record, along with the evaluation.
  1. BENEFITS
  1. Holidays.
  1.  Holidays are observed on the day on which they fall.  Holidays falling on Saturday are observed on Friday.  Holidays falling on Sunday are observed on Monday.  The designated holidays are:

New Year’s Day

President’s Day

Memorial Day

July 4th

Labor Day

Thanksgiving Day

Friday after Thanksgiving

Christmas Day

and one day designated by the Board of Directors at their January meeting each year as an assigned floating holiday during that calendar year.

  1. Regular employees may observe the designated holidays and receive their straight-time pay for the hours they would have normally worked on that day.
  2. Part time employees may observe the designated holidays and receive pay prorated based on the number of hours the employee is scheduled to work vs. a full 40-hour work week.
  1. Paid Leave.  
  1. Use of Paid Leave.  The District expects employees to give sufficient notice of the use of paid leave in order to avoid disruption of District services or projects.  Paid leave includes vacation, sick days and personal necessities.  Employees are encouraged to save a few days of paid leave each year for sick days.
  2. Paid Leave for Full Time Employees.

Paid leave is set up on a calendar-year basis and earned at the following rates:

-  After 6 months probation 1 week (pro-rated on months left in the

calendar year).

-  From 1-5 years (Jan 1-Dec 31) 2 weeks  (effective 2-16-00)

-  After 5 years (Jan 1-Dec 31) 3 weeks  (effective 2-16-00)

An employee may not carry more than ten (10) days of accrued leave into the next

calendar year.

  1. Paid Leave for Part Time Employees.

Paid leave for part time employees will accrue at the rate of .4 hours for every 20 hours worked.

  1. Paid Leave Denied.  If the request for paid leave is denied, the employee making the request will be given a reason for their denial by their immediate supervisor.
  2. Holiday During Paid Leave.  In the event a holiday falls within the paid leave period, that day shall not be charged against the employee’s time off.
  3. Upon Termination.  Upon termination an employee will be compensated for paid leave time accrued through the employee’s last day on the payroll.
  1. Leave of Absence Without Pay
  1. Leave without pay.  Leave of absence of less than five working days without pay may be available upon request and approval by the Administrative Manager or Projects Manager, whichever is most appropriate.  Any leave of absence for a period longer than one week shall be pre-approved by the Board of Directors.
  2. Benefits During Leave.  Employees on approved leave of absence without pay for a period of ten (10) or more consecutive working days will have medical or dental insurance benefits cancelled until the employee is once again working and qualifies for benefits, but the employee may continue coverage by reimbursing the pro-rata cost of the insurance policy to the District.
  3. Accrued Leave.  Any employees on leave of absence for a period longer than one week without pay shall not accrue paid leave during the period of absence.  Any absence without pay in excess of a total of five (5) working days shall not be counted in the calculation for determining the probationary period.
  4. Court Appearances.  Employees subpoenaed for court appearances on other than work related issues, must use paid leave or leave without pay, approved in advance by the immediate supervisor.
  1. Maternity Leave
  1. Leave Law.  An employee may be granted a maternity leave of absence, without pay, to a maximum allowable under the California Family Rights Act and in accordance with applicable federal laws.
  2. Benefits During Leave.  Any employee on maternity leave without pay shall not accrue paid leave or medical benefits during the period of absence.  However, employees eligible for medical insurance can continue to reimburse the district cost of the premiums to insure continuous coverage.
  1. Jury Duty
  1. Regular Wage.  The District will pay any full time employee their regular wage rate for every day the employee is on jury duty, as a service to the community.
  2. Court Payment. The full time employee receiving their regular wage rate during jury duty shall turn over to the District any money received from the court for jury duty.
  3. Grand Jury.  Time off without pay will be allowed for Grand Jury duty with prior approval from the Board of Directors.
  1. Insurance Plan
  1. Insurance Plan.  At the end of the probationary period full time employees are eligible for the insurance plan that has been approved by the Board of Directors and is in place at the time the employee has completed their probationary period.  The insurance plan is outlined in Appendix A.
  1. Workers’ Compensation
  1. Coverage.  All employees are covered by Worker’s Compensation Insurance for accidents sustained in the performance of their duties on or off the premises.  All injuries must be reported to the immediate supervisor, Projects Manager, and Administrative Manager as soon as possible, but no later than twenty-four (24) hours after the injury.
  2. First Aid Claims.  If an employee receives a minor injury during working hours, the resulting first aid costs incurred at an emergency clinic or health care facility shall be paid by the district and a Workers’ Compensation claim will not be filed.  Per California Code of Regulations Section 9780(f) and Section 14311c, the district has the option to directly pay for First Aid medical treatment and avoid the establishment of a workers’ compensation claim.  “First Aid” is defined as any one-time treatment and any follow up visits for the purpose of observation of minor scratches, cuts, burns, splinters, etc, which do not ordinarily require medical care.  Such one-time treatment and follow-up visit for the purpose of observation is considered by law to be first aid, even though provided by a physician or registered professional personnel.  If the injury is serious enough to require multiple stitches or is the type where it might in any way recur or cause future medical problems for the employee, it shall be reported as a Workers’ Compensation claim.  The Projects or Administrative Manager will, along with the health care facility, be responsible for determining the need to file a claim.  The board of directors shall be notified of the occurrence of any serious injuries.

 

  1. Retirement
  1. Benefits.  The district program for retirement benefits is as shown in Appendix B.

 

  1. RECRUITMENT AND PROMOTIONS
  1. Filling Vacancies.  Filling vacancies will be done in accordance with any and all federal and state regulations, including the requirements of any grants or contracts signed by the District.  It is preferable to hire the highest qualified individuals through a position announcement in the local newspaper and by filing the job announcement with city and county agencies, when feasible.
  2. Promotions.  The potential for a promotion to a position with a higher level of pay and responsibility are only considered when a position is open.  Due to the small number of regular employee positions in the District, no promotion should be expected or assumed by any employee.

 

  1. PERSONNEL RECORDS
  1. Record Maintenance.  All personnel records will be maintained by the Administrative Manager.
  2. Personnel Record.  Each personnel record shall include the employment history of each employee, phone number of an emergency contact, the items shown in Attachment III: Personnel Record Checklist, performance evaluations and other pertinent information.
  3. Confidentiality.  All information contained in personnel records is confidential.  Release of any information contained in the personnel record, other than to the immediate supervisor, Fiscal Officer, Projects Manager and Administrative Manager, shall be done only with the written consent of the employee.
  4. Employee Access.  Employees are allowed to review their complete personnel record during regular business hours, at a time mutually agreed to by the employee, their immediate supervisor, and the Administrative Manager.
  1. Corrective Action.  
  1. Claim of Error.  An employee who believes any material in their personnel record is erroneous in nature, shall provide written documentation of the facts to the Personnel Committee, who may direct that such material be corrected and removed from the personnel record.
  2. Personnel Committee.  If the Personnel Committee decides not to remove or correct the material under question from the employee’s personnel record, the employee may attach to the material under question a written explanation describing why the employee feels said material is alleged to be erroneous.

 

  1. EMPLOYMENT AND RESIGNATION OF EMPLOYEES
  1. Management Staff.  The Board of Directors shall be responsible for hiring, promotion, transfer, discharge or layoff of management staff and all such other matters of personnel administration regarding management positions.  
  2. Administrative Staff.  The Administrative Manager shall be responsible for hiring, promotion, transfer, discharge or layoff of administrative staff and all such other matters of personnel administration.  The Projects Manager shall notify the Board of Directors prior to hiring, promotion, transfer, discharge, or layoff, whenever practical.
  3. Field Employees.  The Projects Manager shall be responsible for hiring, promotion, transfer, discharge or layoff of employees and all such other matters of personnel administration.  The Projects Manager shall notify the Board of Directors prior to hiring, promotion, transfer, discharge, or layoff, whenever practical.
  4. Termination During Probation.  Employees terminated during the probationary period do not have the right to appeal.
  5. Resignation.  Employees are expected to give at least two (2) weeks written notice of intent to resign and terminate their position, to be considered in good standing.
  1. OUTSIDE EMPLOYMENT
  1. Conflict of Interest.  Outside employment is acceptable when there is no conflict of interest and the outside employment does not interfere with the work efficiency of that particular employee.  Any questions whether an outside position can be considered a conflict of interest should be addressed to the Administrative Manager.

 

  1. CONFLICT OF INTEREST
  1. Conflict of Interest Policy.  Employees are responsible for adhering to the District’s Conflict of Interest Policy.  Examples of employee activities that are not allowed due to a conflict of interest include the following:
  • Employees may not serve as a member of the Board of the District.
  • Employees may not serve as an employee, full or part time, nor hold office or serve as a member of a Board of Directors, or receive any benefit from any other district, organization, association or other group which is certified as a vendor or contractor for the District.
  • Employees are prohibited from using their position in such a way as to receive discounts or financial favors from District suppliers.
  • Employees cannot sponsor or influence a decision upon any program vendor or any individual where it may logically result in a financial gain for that employee.
  1. Willful Conflict.  Any employee knowingly violating the Conflict of Interest Policy is subject to sanctions, which may include dismissal.
  2. Questions About Conflicts.  Any questions whether an action or activity could be considered a conflict of interest should contact the Administrative Manager.
  3. Signature.  Employees are responsible for abiding by their agreement to this Conflict of Interest policy, as shown by their signature on Attachment I.
  1. DISCIPLINARY ACTION AND DISMISSAL
  1. Corrective Discipline for Regular Employees.  Corrective discipline for regular employees is a sequential process directed to improving an employee’s performance.  An objective and impersonal approach of gathering facts about an employee’s work performance shall be utilized.  The following disciplinary approach to an employee problem shall be adhered to:
  1. First Action – Verbal Warning.  The first action will be a verbal warning about the substandard work or unacceptable behavior of the employee. Discussion between supervisor and employee how the employee is expected to improve their work performance or behavior, the time frame for improvement, and a clear understanding of the ramifications if the employee does not improve.
  2. Second Action – Written Warning.
  1.  A written warning is issued as a second step in the disciplinary process which clearly indicates the substandard work or unacceptable behavior of the employee.
  2. The supervisor and employee meet and discuss how the employee is expected to improve their work performance or behavior, the time frame for improvement, and a clear understanding of the ramifications if the employee does not improve.
  3. The Projects Manager or Administrative Manager, whichever is most appropriate, will be present at the meeting.
  4. The Board of Directors will be notified within twenty-four (24) hours of the issuance of a written warning.

 

  1. Third Action – Written Report and Disciplinary Action.
  1. If the behavior is not corrected, the third step is a written report, clearly indicating the substandard work or unacceptable behavior of the employee.
  2. Disciplinary action is taken, based on the severity of the problem and the needs of the District.  Disciplinary action includes:
  1. Suspension for a selected number of days without pay;
  2. Demotion to a more appropriate job; or
  3. Dismissal
  1. Guidelines.
  1. Danger or Threat.  An employee may be placed on administrative leave status, with or without pay, if the employee is accused of any action which could pose a danger or threat to District projects or customers, District staff, or District operations.  The District shall use the administrative leave period as a time to investigate actions or alleged actions.  If feasible, the Administrative Manager or Projects Manager shall obtain authorization from the Executive Committee of the Board of Directors prior to placing an employee on administrative leave status.
  2. Immediate dismissal.  An employee can be immediately dismissed or taken through the disciplinary process outlined above, for any of the following:
  1. Absence without approved leave;
  2. Conviction of a felony while working or an act that demonstrates jeopardy to the District or the public;
  3. Use of a controlled substance or alcohol use during work;
  4. Providing false information to obtain employment;
  5. Refusal to comply with a supervisor’s reasonable instructions;
  6. Willful infractions of stated policies and procedures;
  7. Unsatisfactory work performance; and
  8. Other circumstances and/or actions which are of sufficient severity to warrant immediate dismissal or disciplinary action as determined by the immediate supervisor, the Projects Manager and/or Administrative Manager, and the Executive Committee of the Board of Directors.
  1. Final Dismissal.  Dismissal is final when a written notice is served to the employee signed by the Projects Manager and/or Administrative Manager and the President of the Board of Directors, stating when the dismissal is effective and the cause or causes of the dismissal.

 

  1. TERMINATION OF EMPLOYEE SERVICES DUE TO LAY-OFF
  1.  Discharge Due to Lay-Off.  
  1. Notice.  In the event it is necessary to terminate employees due to dissolution of the District, economic inability to continue employing staff, or any other reason not for “cause,” the Board of Directors will furnish as much notice as possible to the employees concerned, but reserves the right to request immediate termination.
  2. Considerations.  The Board of Directors shall determine the number and/or percentage of the work force to be reduced or eliminated by lay-off.  The Board also retains the right and option to re-classify or eliminate specific positions based upon budgetary and programmatic considerations.  During the lay-off employees may continue any insurance or health benefit coverage for up to three-months by reimbursing the pro-rata cost of the insurance policy to the District.
  3. Essential Functions.  The Board of Directors shall retain the authority to identify any employee who will remain immune from any lay-off procedure, in order to continue any functions deemed essential to the District.  Such immunity can be revoked at any time by the Board, depending upon the economic considerations and programmatic priorities.
  4. Voluntary Lay-Off.  The Board of Directors can request voluntary lay-offs from employees.  Any voluntary option chosen by an employee in lieu of involuntary lay-off or termination, must be approved by the Board of Directors, which will consider job compatibility and job effectiveness in each situation.  Voluntary lay-offs consist of the following:
  1. Voluntary demotion to a lower-level position to achieve the elimination of one or more positions.
  2. Job sharing with another employee;
  3. Voluntary reduction in hours corresponding with a matching reduction in pay.

 

  1. EMPLOYEE TRAINING
  1. Orientation.  All new employees shall receive job orientation training as determined by the immediate supervisor and the Projects Manager or Administrative Manager, as appropriate.
  2. Training Costs.  The District may pay travel, registration fees, and other actual costs involved in training upon approval of the employee’s immediate supervisor, the Projects Manager or Administrative Manager, and the Board of Directors.
  3. In-service Training.  In-service training may be offered to employees when a significant number of employees show a need for such training.

 

  1. STAFF REPRESENTATIVE
  1. Open Door Policy.  The District encourages employees to take advantage of an “open door” policy to discuss any matter, without retaliation or discrimination, with any supervisor or manager.  The District encourages you to discuss any question or problem with the employee’s immediate supervisor as soon as possible, to ensure a problem does not get worse before action can be taken.  This includes discussing suggestions that could benefit the District or make the workplace a safer environment.  Most often a friendly, open talk with the immediate supervisor will resolve the issue.
  2. Concerns Not Satisfied.  If an employee feels their concerns are not adequately addressed by their immediate supervisor, the employee should discuss the problem or issue with the Projects Manager and/or Administrative Manager, as appropriate.  If the employee feels their concerns are still not adequately addressed, the employee should contact the President of the Board of Directors.

 

  1. AUTOMOBILE INSURANCE
  1. Personal Auto.  Any employee required to use their personal auto for the performance of their job, will receive reimbursement on a mileage basis per the federal mileage reimbursement policy.
  2. Insurance.  Any employee required to use an automobile to perform their job, whether the automobile is a personal auto or government auto or vehicle, must show evidence of possessing the minimum amounts of insurance as specified by California law and hold a valid driver’s license.
  3. Driving Record.  The District will obtain a DMV driving record printout on any new employee required to use an automobile to perform their job, whether using a personal auto or government auto or vehicle, and a new DMV driving record printout every two years after that.
  1. MEDIA CONTACTS
  1. Contacts.  All media contacts (e.g. newspaper, radio, television) relating to District business must be referred to the Projects Managers and/or Administrative Manager as soon as possible.
  2. Interviews.  No employees of the District shall give interviews or respond to any questions from the media regarding District business unless approved by the Projects Managers and/or Administrative Manager, as appropriate.

 

  1. DRUG FREE WORKPLACE
  1.  Intent.  It is the intent of the District to maintain a workplace that is free of drugs and alcohol and to discourage drug and alcohol abuse by its employees.  The District has a vital interest in maintaining safe and efficient working conditions for its employees.  Substance abuse is incompatible with health, safety, efficiency and success at the District.  Employees who are under the influence of a drug or alcohol on the job compromise the District’s interests, endanger their own health and safety and the health and safety of others, and can cause a number of other work-related problems.  These problems include absenteeism and tardiness, substandard job performance, increased workloads for co-workers, behavior that disrupts other employees, delays in the completion of jobs, inferior quality of service and disruption of customer relations.
  2. Definitions.  For the purposes of the Alcohol and Drug Policy, the following definitions are used:
  1. “Illegal drugs or other controlled substances,” means any drug or substance that is not legally obtainable; is legally obtainable but has not been legally obtained; or has been legally obtained but is being sold or distributed unlawfully.
  2. “Legal drugs,” means any drug, including prescription drugs and over-the-counter drugs, that have been legally obtained and is not unlawfully sold or distributed.
  3. “Abuse of any legal drug,” means the use of any legal drug for any purpose other than the purpose for which it was prescribed or manufactured, or in a quantity, frequency, or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer.
  4. “Reasonable suspicion,” means any of the following observations and/or information concerning a particular employee: specific personal observations, such as an employee’s manner, disposition, muscular movement, appearance, behavior, speech or breath odor; and information provided to the immediate supervisor or manager by an employee, law enforcement official, security service, or any other person believed to be credible and reliable.
  5. “Possession,” means an employee has the substance on his or her person or otherwise under his or her control.
  6. “On duty,” means any time when the interests of the District may be adversely affected by an employee who is under the influence of or is impaired by alcohol, illegal drugs, or other controlled substances, or the abuse of a legal drug, including any time the employee is on duty, on District premises, operating a District vehicle or equipment, or conducting or performing District business, regardless of location.
  1. Prohibited Acts.  The following acts are prohibited and subject to immediate discipline, including dismissal:
  1. On Duty.  The on duty use, possession, purchase, sale, manufacture, distribution, transportation or dispensation of any illegal drug or other controlled substance.
  2. Under Influence.  Being under the influence of or impaired by an illegal drug or other controlled substance while on duty.
  3. Abuse.  The abuse of any legal drug while on duty.
  4. Legal Drugs.  The on duty purchase, sale, manufacture, distribution, transportation, dispensation, or possession of any legal prescription drug in a manner inconsistent with law.
  5. Impairment.  Being on duty while impaired by the use of alcohol or the abuse of a legal drug whenever such impairment might: endanger the safety of the employee or another person; pose a risk of significant damage to District property or equipment; or adversely interfere with the employee’s job performance or the efficient operation of the District’s business or equipment.  Alcohol impairment is deemed to have occurred if an employee’s blood alcohol level is .04 percent or more.
  1. Reasonable Suspicion.  If an observer (the Projects Manager, Administrative Manager, or supervisor) has a reasonable suspicion that leads them to reasonably suspect that an employee is under the influence of or impaired by alcohol, illegal drugs, or other controlled substances, or the abuse of a legal drug while on duty, the observer may order the employee to immediately submit to a drug/ alcohol screening examination to test for the presence of any of the above mentioned substances, to determine whether the employee has violated this policy.  Refusal to immediately submit to a drug/alcohol screening examination shall be grounds for discipline, up to and including dismissal.
  2. Discipline.  
  1. Any Violation.  Any violation of this policy may result in discipline, up to and including dismissal, depending on the circumstances.  The employee may also be required to participate in and satisfactorily complete a drug or alcohol abuse assistance, rehabilitation or counseling program.
  2. First Violation.  A first violation of this policy will result in immediate dismissal, whenever the prohibited conduct:
  1. Causes injury to the employee or any other person, or in the sole opinion of the Projects Manager and/or Administrative Manager, unreasonably endangered the safety of the employee or any other person;
  2. Results in significant damage to District property or equipment, or, in the sole opinion of the Projects or Administrative Manager; or
  3. Involves the sale or manufacture of illegal drugs or other controlled substances.
  1. Assistance.  Upon the request of any employee, the Administrative Manager and/or Projects Manager may consult with and advise an employee about available drug or alcohol abuse assistance, rehabilitation or counseling program.
  2. Ordinary Use.  Nothing in this policy is intended to prohibit the customary and ordinary purchase, sale, use, possession or dispensation of legal drugs, or regulate an employee’s off-the-job conduct, so long as the employee’s off-the-job use of alcohol, illegal drugs or other controlled substances and/or legal drugs does not result in the employee being under the influence of or impaired by such use while on duty.
  3. Potential Impairment.  The proper use of medically prescribed or over-the-counter drugs during work hours is permitted, provided there is not a precaution concerning job performance or safety for example, operating machinery or motorized vehicles).  If there is a precaution in the use of medically prescribed or over-the-counter drugs, employees must notify their supervisor prior to starting work.  The District reserves the right to have a physician chosen by the District review and determine whether it is advisable for the employee to continue working while using the legal drugs.
  4. Confidentiality.  Disclosures made by employees to the Administrative Manager and/or Projects Manager concerning their use of legal drugs or their participation in any drug or alcohol abuse assistance, rehabilitation or counseling program will be treated confidentially and will not be revealed to others unless there is an important work-related reason to do so.
  5. Medical Evaluations, Screening and Testing
  1. Consent Form:  A signed consent form is to be obtained from an applicant or employee before a test, screen or evaluation is conducted.
  2. Applicants:  The District reserves the right to screen, test, or otherwise evaluate for alcohol and drug use those whose employment might present serious risks if alcohol or drug abuse were present.  If a screen result is positive, the applicant has the right to undergo a clinical test or decline going any further in the application process.  If clinical test results are “positive,” the applicant is not to be hired and must pay for the test.  If clinical test results are negative, the normal application process may be resumed and the District will pay for the test.
  3. Employees:  The Board gives the Projects or Administrative Manager reserves the right to test, screen, and otherwise medically evaluate all employees for alcohol and drug abuse.  This may be done on probable cause, post-injury, random, or systematic basis at any time the Projects or Administrative Manager decides to do so.  When an employee is screened and the results are “positive,” the employee is to be immediately suspended from work and removed from the work site until clinical tests return.  When an employee is clinically tested and the results are positive, the employee is to be terminated.  If results are negative from the clinical test, the employee is to be paid for any time missed because of the suspension and be returned to his/her previous position.
  4. Refusals:  A refusal to submit to a screening, testing, or evaluations will render the same results as if a confirmation test produced a “positive” result, namely, ineligibility for hire and, if currently an employee, termination.
  5. Tampering:  Tampering or attempting to tamper with a specimen sample will render the same results as if a confirmation test produced a “positive” result, namely, ineligibility for hire and, if an employee, termination of employment.
  6. Eligibility for Reemployment: Applicants who test positive and employees terminated for testing positive will be reconsidered for employment only when (a) Proof is submitted from medically qualified personnel that the individual is no longer abusing alcohol and/or is drug free; (b) A period of six months has elapsed from the date of termination (for employees) or date of application rejection (for applicants).  This policy in no way should be construed as an employment contract of any kind, implied or otherwise.
  7. Searches. The District specifically reserves the right to carry out reasonable searches of personal effects and vehicles when individuals are entering, while on, and when leaving District premises, including, but not limited to, all occupied or vacant land, buildings, structure, installations, automobiles, trucks, and all other District owned or leased property.  Submission to such a search is voluntary; however, refusal may be cause for expulsion from the premises, and if an employee, discipline up to and including termination of employment.
  1. Signature.  Employees are responsible for abiding by their agreement to this Alcohol and Drug Policy, in the revised Personnel Policies effective October 1, 1999, as shown by their signature on Attachment II.

.

/////

 

APPENDIX A

Health Insurance Plan

September 1999

Current Policy:

After the 6-month probationary period, all regular employees who are regularly scheduled for forty (40) hours work within the work week are eligible for the following insurance coverage paid by the District:

Health:

Blue Shield Preferred Provider 80/50   $250 Deductible

Insurance for spouses and/or children can be purchased at the employee’s cost.

Life/Disability:

$15,000 Group Term Life and AD&D

 

APPENDIX B

Retirement Plan

June 1999

2-16-00 To Be Determined

 

appendix c

Performance Evaluation Format

See Attached

ATTACHMENT I

Signature Page On Personnel Policies and Conflict of Interest

  1. AGREE TO ABIDE

I hereby declare that I have reviewed the foregoing personnel policies, revised edition effective October 1, 1999, of the Tehachapi Resource Conservation District.  I understand the condition of employment as set forth in said policies and agree to abide by said policies.

 

II.  CONFLICT OF INTEREST

  1. Intent.  The intent of this Conflict of Interest policy is to identify arrangements which are in conflict with established policy or which give the appearance of a conflict of interest.  Any employee who is not clear about when a conflict of interest occurs, should discuss the issue with the Projects Manager and/or Administrative Manager.
  2. Conflict of Interest Declaration:

I acknowledge that I have read the District policy statement in the revised

edition of Personnel Policies effective October 1, 1999, concerning

conflicts of interest and I hereby declare that neither I, nor any other

business to which I may be associated, nor, to the best of my knowledge,

any member of my immediate family has any conflict between our personal

affairs or interests and the proper performance of my responsibilities for the

District that would constitute a violation of that District policy.  Furthermore,

I declare that during my employment, I shall continue to maintain my affairs

in accordance with the requirements of said policy.

 

ACKNOWLEDGEMENT AND AGREEMENT

I have read and agree to all provisions of the Personnel Policies of the District.  I recognize and understand that any violation of this policy may subject me to discipline, up to and including dismissal or termination of employment.

 

 

EMPLOYEE/APPLICANT SIGNATURE:

 

PRINT EMPLOYEE/APPLICANT NAME:

 

SOCIAL SECURITY NUMBER: DATE:

 

ATTACHMENT II

Signature Page for Alcohol and Drug Policy

 

ACKNOWLEDGEMENT AND AGREEMENT

 

I have read and agree to all provisions of the Alcohol and Drug Policy of the District as shown in the revised edition of Personnel Policies effective October 1, 1999.  I recognize and understand that any violation of this policy may subject me to denial of employment or as an employee subject me to discipline, up to and including dismissal or termination of employment.

EMPLOYEE/APPLICANT SIGNATURE:

 

PRINT EMPLOYEE/APPLICANT NAME:

 

SOCIAL SECURITY NUMBER: DATE:

ATTACHMENT III

Personnel Records Checklist

A)  For Regular TRCD Employees

 

EMPLOYEE FILE CHECKLIST FOR: _______________________________

 

Every employee file must include the following, with all necessary signatures:

 

ITEMS (checkmark if in file) DATE SIGNED OR 

SUBMITTED

_____ Application and/or Resume _____________

 

_____  Offer Letter _____________

 

_____  Personnel Policies Received and Agreement _____________

 

_____ Voluntary Information Form _____________

 

_____ Alcohol and Drug Policy Agreement _____________

 

_____ Drug Screening (if applicable) _____________

 

_____ Standards of Conduct Agreement _____________

 

_____ Tax withholding form W-4 _____________

 

_____ Employment Eligibility Verification with Identification _____________

Form I-9, ID (driver’s license and social security card or passport)

 

_____  DL/DMV printout (if driving vehicle on district business) _____________

 

_____ Safety Orientation (for field personnel) _____________

 

Other General Information in File:

 

Personnel Evaluations done on:  __________  __________  __________  __________
__________  __________  __________  __________  __________  __________

PERSONNEL POLICIES

Adopted by Resolution

September 22, 1999

Effective

October 1, 1999

Amended

February 16, 2000

June 21, 2000

TABLE OF CONTENTS

  1. INTRODUCTION 1
  1. Mission and History
  2. Purpose of the Manual
  3. Administration and Implementation
  4. Policy Compliance
  5. Revisions to the Personnel Policies

 

  1. BASIS OF EMPLOYMENT 2
  1. Temporary Employees
  2. Probational Employees
  3. Regular Employees
  4. Full Time
  5. Part Time

 

  1. PAYROLL 2
  1. Monthly Payroll
  2. Hourly Payroll

 

  1. WORK WEEK AND COMPENSATORY TIME OFF 3
  1. Work Week
  2. Time Sheets
  3. Overtime

 

  1. PERFORMANCE EVALUATION 3
  1. Purpose
  2. Responsibility
  3. Format
  4. Time of Evaluation
  5. Temporary Employees
  6. Disagreements

 

  1. BENEFITS 4
  1. Holidays
  2. Paid Leave
  3. Leave of Absence Without Pay
  4. Maternity Leave
  5. Jury Duty
  6. Health Insurance
  7. Worker’s Compensation
  8. Retirement

 

  1. RECRUITMENT AND PROMOTIONS 6
  1. Filling Vacancies
  2. Promotions

 

  1. PERSONNEL RECORDS 6
  1. Record Maintenance
  2. Personnel Record
  3. Confidentiality
  4. Employee Access
  5. Corrective Action

 

  1. EMPLOYMENT AND RESIGNATIONS OF EMPLOYEES 7
  1. Field Employees
  2. Termination During Probation
  3. Resignation

 

  1. OUTSIDE EMPLOYMENT 7
  1. Conflict of Interest

 

  1. CONFLICT OF INTEREST 8
  1. Conflict of Interest Policy
  2. Willful Conflict
  3. Questions About Conflicts
  4. Signature

 

XII DISCIPLINARY ACTION AND DISMISSAL 8

  1. Corrective Discipline for Regular Employees
  2. Guidelines

 

XIII TERMINATION OF EMPLOYEE SERVICES 9

DUE TO LAY-OFF

  1. Discharge Due to Lay-off

 

XIV. EMPLOYEE TRAINING 10

  1. Orientation
  2. Training Costs
  3. In-service Training

 

XV STAFF REPRESENTATIVE 10

  1. Open Door Policy
  2. Concerns Not Satisfied

 

  1. AUTOMOBILE INSURANCE 11
  1. Personal Auto
  2. Insurance
  3. Driving Record

 

  1. MEDIA CONTACTS 11
  1. Contacts
  2. Interviews

 

  1. DRUG FREE WORKPLACE 11
  1. Intent
  2. Definitions
  3. Prohibited Acts
  4. Reasonable Suspicion
  5. Discipline
  6. Assistance
  7. Ordinary Use
  8. Potential Impairment
  9. Confidentiality
  10. Medical Evaluations, Screening and Testing.
  11. Signature

 

APPENDIX

 

A.        Health Insurance Plan 15

B. Retirement Plan 16

  1.       Performance Evaluation Format 17

 

ATTACHMENTS

 

  1.       Signature Page for Personnel Policies and Conflict of Interest 18
  1. Signature Page for Alcohol and Drug Policy 19

III. Personnel Records Checklist 20

 

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