HomeMy Public PortalAbout11 November 13, 2019 ExecutiveComments are welcomed by the Committee. If you wish to provide comments to the Committee,
please complete and submit a Speaker Card to the Clerk of the Board.
EXECUTIVE COMMITTEE
MEETING AGENDA
TIME: 9:00 a.m.
DATE: Wednesday, November 13, 2019
LOCATION: MARCH FIELD CONFERENCE ROOM
County of Riverside Administrative Center
4080 Lemon Street, Third Floor, Riverside
COMMITTEE MEMBERS
Chuck Washington, County of Riverside, District 3– Chair
Ben J. Benoit, City of Wildomar – Vice Chair
Jan Harnik, City of Palm Desert – Second Vice Chair
Dana Reed, City of Indian Wells – Past Chair
Lloyd White, City of Beaumont
Brian Berkson, City of Jurupa Valley
Lisa Middleton, City of Palm Springs
Michael S. Naggar, City of Temecula
Karen Spiegel, County of Riverside, District 2
V. Manuel Perez, County of Riverside, District 4
Jeff Hewitt, County of Riverside, District 5
AREAS OF RESPONSIBILITY
Reviews and makes final decisions on personnel issues
and office operational matters.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
MEETING AGENDA
9:00 A.M.
WEDNESDAY, NOVEMBER 13, 2019
County of Riverside Administrative Center
March Field Conference Room
4080 Lemon Street, Third Floor, Riverside
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed
72 hours prior to the meeting, which are public records relating to open session agenda items, will be
available for inspection by members of the public prior to the meeting at the Commission office, 4080
Lemon Street, Third Floor, Riverside, CA, and on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need
special assistance to participate in an Executive Committee meeting, please contact the Clerk of the Board
at (951) 787-7141. Notification of at least 48 hours prior to meeting will assist staff in assuring that
reasonable arrangements can be made to provide accessibility at the meeting.
1. CALL TO ORDER
2. PUBLIC COMMENTS
3. ADDITIONS/REVISIONS – The Committee may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to
the attention of the Committee subsequent to the posting of the agenda. An action adding
an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the
Committee members present, adding an item to the agenda requires a unanimous vote.
Added items will be placed for discussion at the end of the agenda.
4. APPROVAL OF THE MINUTES – MAY 8, 2019
5. ADDITIONS TO THE PERSONNEL POLICIES AND PROCEDURES MANUAL
This item is for the Committee to:
1) Approve the additions to the Personnel Policies and Procedures Manual
(PPPM); and
2) Adopt Resolution No. 19-019 “Resolution of the Executive Committee of the
Riverside County Transportation Commission Amending its Personnel Rules to
Adopt an Election and Campaign Related Policy for Employees”.
6. ADJOURNMENT
AGENDA ITEM 4
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
MEETING MINUTES
May 8, 2019
1. CALL TO ORDER
The meeting of the Executive Committee was called to order by Chair Chuck Washington
at 9:00 a.m. in the March Field Conference Room at the County of Riverside
Administrative Center, 4080 Lemon Street, Third Floor, Riverside, California, 92501.
ROLL CALL
Commissioners Present Commissioners Absent
Ben J. Benoit
Brian Berkson
Jan Harnik
Jeff Hewitt
Lisa Middleton
Mike Naggar
V. Manuel Perez
Dana Reed
Karen Spiegel
Chuck Washington
Lloyd White
2. PUBLIC COMMENTS
There were no requests to speak from the public. Commissioner Karen Spiegel
congratulated Commissioner Lisa Middleton on her recent appointment to the California
Public Employees’ Retirement System Board of Administration.
3. ADDITIONS/REVISIONS
There were no additions or revision to the agenda.
4. APPROVAL OF MINUTES
M/S/C (Benoit/Reed) to approve the minutes of March 13, 2019 meeting as
submitted.
RCTC Executive Committee Special Meeting Minutes
May 8, 2019
Page 2
5. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM NET PENSION LIABILITY
Anne Mayer, Executive Director, noted staff previously presented a summary of the
Commission’s CalPers contracts and related benefits on June 13, 2018. As a result of that
discussion, staff is currently recommending a plan to fund the Commission’s net pens ion
liability.
Theresia Trevino, Chief Financial Officer, presented an overview of the Commission’s
current net pension liability and discussed how the retirement plan’s contributions are
affected by the amortization of the net pension liability. She not ed the current pension
liability for Classic members as of June 30, 2017 is $8,114,357 and the current pension
liability for Public Employees’ Pension Reform Act (PEPRA) members as of June 30, 2017
is $10,488, for a total of $8.1 million in net pension liability. Paying off the net pension
liability will result in interest charge savings of $7.5 million. As the Commission has
available funds for this disbursement, staff is recommending the payoff of the net pension
liability and has included this plan in the draft FY 2019/20 budget document, pending
Executive Committee approval.
Commissioner Spiegel inquired if the Commission will still be in compliance with the
Measure A regulations regarding a maximum of 1% administration costs, and Ms. Trevino
stated the payment would be spread out over several years in an effort to stay in
compliance. Commissioner Brian Berkson asked for clarification on the interest savings,
and Ms. Trevino discussed the amortization schedules and compound interest.
Commissioner Jeff Hewitt expressed his support of this item and commended the agency
for showing fiscal responsibility. Commissioner Middleton discussed the approximately
10-15 year gap between Classic members and PEPRA members and stated managing that
gap is key.
M/S/C (Hewitt/Naggar) to approve the plan to fund and pay off the
Commission’s California Public Employees Retirement System (CalPERS) net
pension liability in Fiscal Year 2019/20.
6. ADJOURNMENT
There being no other items to be considered, the Executive Committee meeting
adjourned at 9:13 a.m.
Respectfully submitted,
Lisa Mobley
Clerk of the Board
AGENDA ITEM 5
Agenda Item 5
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 13, 2019
TO: Executive Committee
FROM: Pamela Velez, Human Resources Administrator
THROUGH: Anne Mayer, Executive Director
SUBJECT: Additions to the Personnel Policies and Procedures Manual
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve the additions to the Personnel Policies and Procedures Manual (PPPM); and
2) Adopt Resolution No. 19-019 “Resolution of the Executive Committee of the Riverside
County Transportation Commission Amending its Personnel Rules to Adopt an Election and
Campaign Related Policy for Employees”.
BACKGROUND INFORMATION:
The purpose of the Commission’s PPPM is to provide fair and systematic policies and procedures
for the administration of all matters affecting the status and activities of Commission employees.
At the time of hire, and with each amendment of the PPPM, employees sign an acknowledgement
form, which states that it is their responsibility to read and comply with the policies contained in
the PPPM. The PPPM, last amended on October 11, 2017, is periodically reviewed and revised
to address policy or legal requirements.
It is proposed to add policy language regarding elections and campaigns to ensure expectations
of employees are clearly defined. The proposed revisions to the PPPM do not reflect a change
in benefits but are minor policy additions made to conform to legal requirements. The following
are key additions for your consideration:
Section § Description of Proposed Language Changes
20 Added a Elections and Campaigns Policy
Attachment 1 is the revised PPPM, which reflects the proposed changes. The new language is
redlined.
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Agenda Item 5
Staff is asking for the Commission’s approval to adopt Resolution No. 19-019 “Resolution of the
Executive Committee of the Riverside County Transportation Commission Amending its Personnel
Rules to adopt an election and campaign related policy for employees”. There is no fiscal impact
to the Commission.
Attachments:
1) Revised PPPM
2) Resolution No. 19-019
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EXHIBIT A
Riverside County Transportation Commission
Adopted: October 11, 2017
Resolution No. 17-014
ATTACHMENT 1
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Table of Contents
SECTION 1 –– GENERAL PROVISIONS ..................................................................................................... 12
§1.1 Purpose ........................................................................................................................ 12
§1.2 Prior Policies Repealed ................................................................................................. 12
§1.3 Term of Manual ............................................................................................................ 12
§1.4 Equal Employment Opportunity (EEO) Program ............................................................ 12
§1.5 Violation of Personnel Policy ........................................................................................ 13
§1.6 Department Policies and Procedures ............................................................................ 13
§1.7 Distribution of Personnel Policies ................................................................................. 13
§1.8 Definition of Terms ....................................................................................................... 13
§1.9 Application of this Manual ............................................................................................ 17
§1.10 Savings Clause .............................................................................................................. 17
SECTION 2 –– RECRUITMENT, SELECTION, AND PLACEMENT ................................................................. 17
§2.1 Classification Plan ......................................................................................................... 17
§2.2 Reclassification ............................................................................................................. 18
§2.3 Vacancies ..................................................................................................................... 18
§2.4 Personnel Requisitions ................................................................................................. 18
§2.5 Announcements ........................................................................................................... 18
§2.6 Qualification of Applicants ............................................................................................ 18
§2.7 Submitting Application Packages .................................................................................. 18
§2.8 Incomplete Application Packages ................................................................................. 18
§2.9 Initial Applicant Screening ............................................................................................ 19
§2.10 Recruitment and Selection ........................................................................................... 19
§2.11 Promotion .................................................................................................................... 22
SECTION 3 –– TERMS OF EMPLOYMENT ................................................................................................ 23
§3.1 Orientation ................................................................................................................... 23
§3.2 Probationary Period ..................................................................................................... 24
§3.3 Attendance ................................................................................................................... 24
§3.4 Hours of Work .............................................................................................................. 24
§3.5 Unauthorized Absences ................................................................................................ 25
§3.6 Overtime ...................................................................................................................... 26
§3.7 Non-Exempt Employees ............................................................................................... 26
§3.8 Exempt Employees ....................................................................................................... 26
§3.9 Compensation .............................................................................................................. 28
§3.10 Salary Review ............................................................................................................... 28
§3.11 Performance Evaluations .............................................................................................. 28
§3.12 Service Awards ............................................................................................................. 29
§3.13 Safety ........................................................................................................................... 29
§3.14 Keys and Security Codes ............................................................................................... 29
§3.15 Political Activity ............................................................................................................ 29
§3.16 Conflict of Interest and Outside Activities/Employment ................................................ 30
§3.17 Nepotism and Other Prohibited Employment ............................................................... 31
§3.18 Demotion ..................................................................................................................... 32
§3.19 Suspension Without Pay ............................................................................................... 32
§3.20 Rejection of Probationary Employment ........................................................................ 32
§3.21 Discharge ..................................................................................................................... 33
§3.22 Resignation .................................................................................................................. 33
§3.23 Death of Employee ....................................................................................................... 33
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§3.24 Dress Code ................................................................................................................... 33
SECTION 4 –– EMPLOYEE BENEFITS ....................................................................................................... 33
§4.1 Benefit Plan .................................................................................................................. 33
§4.2 Medical ........................................................................................................................ 33
§4.3 Short- and Long-Term Disability Insurance .................................................................... 35
§4.4 Life Insurance ............................................................................................................... 35
§4.5 Dental/Vision Program ................................................................................................. 36
§4.6 Retirement Program ..................................................................................................... 36
§4.7 401(a) Qualified Plan .................................................................................................... 37
§4.8 457 Deferred Compensation ......................................................................................... 37
§4.9 Workers’ Compensation ............................................................................................... 37
§4.10 Unemployment Insurance ............................................................................................ 37
§4.11 Continuation of Benefits Coverage ............................................................................... 37
§4.12 Education Reimbursement ........................................................................................... 38
§4.13 Employee Assistance Services ....................................................................................... 39
§4.14 Flexible Reimbursement Plan ....................................................................................... 39
§4.15 Employee Transportation Assistance ............................................................................ 39
§4.16 Non-Revenue Account and Toll Exemption…………………………………………………………………..40
SECTION 5 –– LEAVE, VACATION AND HOLIDAYS……………………………………………………………………………………40
§5.1 Sick Leave ..................................................................................................................... 40
§5.1.1 Minimum Paid Sick Leave Policy for Non-Benefited, Temporary Employees .................. 41
§5.2 Sick Leave Conversion to Vacation/Cash Out ................................................................ 43
§5.3 Holiday Leave ............................................................................................................... 43
§5.4 Vacation ....................................................................................................................... 44
§5.5 Vacation Cash Out ........................................................................................................ 45
§5.6 Administrative Leave .................................................................................................... 45
§5.7 Jury Duty Leave ............................................................................................................ 45
§5.8 Leave of Absence Without Pay ..................................................................................... 45
§5.9 Military Leave ............................................................................................................... 46
§5.10 Accrued Leave Donation Program ................................................................................. 47
SECTION 6 –– PART-TIME AND TEMPORARY EMPLOYEES ....................................................................... 48
§6.1 Regular Part-time Employees ........................................................................................ 48
§6.2 Temporary Employees .................................................................................................. 48
§6.3 Employment of Retired Persons ................................................................................... 48
SECTION 7 –– GRIEVANCE PROCEDURE .................................................................................................. 49
§7.1 Policy............................................................................................................................ 49
§7.2 Steps in the Grievance Procedure ................................................................................. 49
SECTION 8 –– EMPLOYEE CONDUCT AND DISCIPLINE POLICY………………………………………………………………50
§8.1 Forms of Discipline ....................................................................................................... 51
§8.2 Disciplinary Process ...................................................................................................... 51
SECTION 9 –– LAYOFF POLICY AND PROCEDURE .................................................................................... 54
§9.1 Statement of Intent ...................................................................................................... 54
§9.2 Guidelines .................................................................................................................... 54
§9.3 Reporting and Communication Requirements .............................................................. 55
§9.4 Reinstatement .............................................................................................................. 55
SECTION 10 –– REPORTS AND RECORD KEEPING .................................................................................... 56
§10.1 Personnel Files ............................................................................................................. 56
§10.2 Change of Status Report ............................................................................................... 56
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§10.3 Personnel Action Form ................................................................................................. 56
§10.4 Time Cards ................................................................................................................... 56
§10.5 Records Review and Access .......................................................................................... 56
§10.6 Employee Access .......................................................................................................... 57
§10.7 Disclosure of Employee Information ............................................................................. 57
§10.8 Protection of Confidentiality ......................................................................................... 57
SECTION 11 –– HARASSMENT-FREE WORKPLACE POLICY ....................................................................... 57
§11.1 General Provisions ........................................................................................................ 57
§11.2 Harassment-Free Environment ..................................................................................... 57
§11.3 Sexual Harassment ....................................................................................................... 58
§11.4 Violation Reporting....................................................................................................... 59
§11.5 Retaliation .................................................................................................................... 60
SECTION 12 –– VIOLENCE IN THE WORKPLACE POLICY ........................................................................... 60
§12.1 General Provisions ........................................................................................................ 61
§12.2 Zero Tolerance ............................................................................................................. 61
§12.3 Acts or Threats of Violence ........................................................................................... 61
§12.4 Reporting Procedure .................................................................................................... 62
§12.5 Disciplinary Action ........................................................................................................ 62
§12.6 Retaliation .................................................................................................................... 62
§12.7 Training ........................................................................................................................ 63
SECTION 13 –– DRUG-FREE WORKPLACE POLICY ................................................................................... 63
§13.1 General Provisions ........................................................................................................ 63
§13.2 Definitions: For Purposes of this Policy ........................................................................ 63
§13.3 Scope ........................................................................................................................... 64
§13.4 Prohibited Conduct....................................................................................................... 64
§13.5 Alcohol/Drug Testing .................................................................................................... 65
§13.6 Disciplinary Action ........................................................................................................ 66
§13.7 Drug-Free Awareness Program ..................................................................................... 66
§13.8 Use of Legal Drugs ........................................................................................................ 67
§13.9 Unregulated or Unauthorized Conduct ......................................................................... 67
§13.10 Confidentiality .............................................................................................................. 67
§13.11 Counseling/Employee Assistance .................................................................................. 67
SECTION 14 –– VEHICLE OPERATION POLICY .......................................................................................... 68
§14.1 Policy............................................................................................................................ 68
§14.2 Driver's License ............................................................................................................ 68
§14.3 Driver's Record ............................................................................................................. 68
§14.4 Prohibition on Use of Phones, Emails, and Text While Driving ....................................... 68
§14.5 Vehicle Citation ............................................................................................................ 68
§14.6 Policy for Employer-Provided Vehicles .......................................................................... 68
§14.6.1 Care and Maintenance of Employer-Provided Vehicle................................................... 68
§14.6.2 Taxation Requirements of Employer-Provided Vehicle .................................................. 69
§14.6.3 Return of the Employer-Provided Vehicle ..................................................................... 69
§14.6.4 Driver's License While Operating an Employer-Provided Vehicle ................................... 69
§14.6.5 Driver's Record While Driving an Employer-Provided Vehicle ........................................ 69
§14.6.6 Vehicle Citations While Driving an Employer-Provided Vehicle ..................................... 70
SECTION 15 –– EXPENSE REIMBURSEMENT ........................................................................................... 70
§15.1 Transportation ............................................................................................................. 70
§15.2 Lodging ........................................................................................................................ 72
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§15.3 Meals ........................................................................................................................... 73
§15.4 Communications .......................................................................................................... 73
§15.5 Incidentals .................................................................................................................... 74
§15.6 Registration Fees .......................................................................................................... 74
§15.7 Memberships and Professional Certifications ............................................................... 74
§15.8 Expenditures in Excess of Allowable Expenses .............................................................. 74
§15.9 Travel Advance ............................................................................................................. 74
§15.10 Documentation ............................................................................................................ 75
§15.11 Payment to Former Employees ..................................................................................... 75
SECTION 16 –– ELECTRONICS COMMUNICATIONS POLICY ..................................................................... 75
§16.1 General Provisions ........................................................................................................ 76
§16.2 Ownership, Authorization and Privacy .......................................................................... 76
§16.3 Disclosure ..................................................................................................................... 77
§16.4 Prohibited Uses ............................................................................................................ 77
§16.5 Authorized Use of E-mail and Telephone Systems ......................................................... 78
§16.6 Guidelines for the Use of E-mail .................................................................................... 79
§16.7 Internet Usage .............................................................................................................. 79
§16.8 Security and Audits ....................................................................................................... 80
§16.9 Social Media Use .......................................................................................................... 80
§16.10 Public Records Act Requests ......................................................................................... 81
SECTION 17 –– EMPLOYEE GIFT AND CONTRIBUTION LIMITATIONS ....................................................... 81
SECTION 18 –– FAMILY AND MEDICAL LEAVE POLICY ............................................................................. 82
§18.1 Scope ........................................................................................................................... 82
§18.2 Purpose of Leave .......................................................................................................... 82
§18.3 Eligibility ....................................................................................................................... 83
§18.4 Special Rules for Pregnancy Disability Leave ................................................................. 83
§18.5 Special Rules Regarding the Employment of Spouses/Parents ...................................... 84
§18.6 Calculating the Twelve (12) Month Period .................................................................... 84
§18.7 Employee Notice Requirements .................................................................................... 84
§18.8 RCTC Determination and Notification to Employee ....................................................... 85
§18.9 Medical Certification .................................................................................................... 86
§18.10 Minimum Period of Leave ............................................................................................. 87
§18.11 Intermittent Leave and Temporary Transfers ................................................................ 88
§18.12 Continuation of Health and Other Benefits ................................................................... 88
§18.13 Coordination of CFRA and FMLA Leave ......................................................................... 89
§18.14 Substitution of Leave .................................................................................................... 89
§18.15 Reinstatement .............................................................................................................. 89
§18.16 Denial of Reinstatement ............................................................................................... 90
§18.17 Benefits Accrual ............................................................................................................ 90
§18.18 Additional Information ................................................................................................. 90
§19.1 Eligibility ....................................................................................................................... 91
§19.2 Pregnancy Disability Leave............................................................................................ 91
§19.3 Leave Due to Normal Childbirth .................................................................................... 91
§19.4 Leave/Transfer and Other Reasonable Accommodation Requests ................................ 91
§19.5 Intermittent Leave ........................................................................................................ 92
§19.6 Temporary Transfers .................................................................................................... 92
§19.7 Certifications ................................................................................................................ 92
§19.8 Recertification .............................................................................................................. 93
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SECTION 1 –– GENERAL PROVISIONS
§1.1 Purpose
The purpose of this Personnel Policies and Procedures Manual (Manual) is to provide guidance in the
application of a fair personnel management policy that promotes the efficient and economical delivery of
Riverside County Transportation Commission (RCTC) services.
§1.2 Prior Policies Repealed
In the event that the terms and provisions of this Manual are inconsistent or in conflict with the terms
and provisions of any prior RCTC personnel policy and procedures, resolutions, rules, and regulations
governing the same subject, the terms of this Manual shall prevail and such inconsistent or conflicting
provisions or prior resolutions, rules, and regulations are hereby repealed effective on the date of
adoption of this Manual.
§1.3 Term of Manual
This Manual takes effect when adopted by RCTC. The Manual shall remain in effect unless repealed, in
whole or part, by RCTC. Notwithstanding the foregoing, the RCTC’s Executive Committee may, in its sole
discretion, add to, delete, or otherwise modify the policies and procedures of this Manual.
§1.4 Equal Employment Opportunity (EEO) Program
§1.4.1 Purpose
The purpose of this policy is to establish an equal employment opportunity (EEO) program for all
applicants and employees of RCTC.
§1.4.2 Policy Defined
It is the policy of RCTC to provide EEO to all applicants and employees. RCTC does not unlawfully
discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth, or related
medical conditions), gender including gender identity and gender expression, national origin,
ancestry, age (40 and over), physical or mental disability, legally protected medical condition,
family care status, veteran status, marital status, sexual orientation, genetic characteristics, or
any other basis protected by state or federal laws.
§1.4.2.1 Policy Application
RCTC’s EEO policy applies to all areas of employment including recruitment, selection,
promotion, termination, transfer, layoff, compensation, benefits, training, performance
evaluations, and other personnel actions, procedures and examinations.
§1.4.2.2 Responsibility Assignments
It is the responsibility of every manager and employee to conscientiously follow the EEO
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policy.
§1.4.3 Applicants and Employees with Disabilities
§1.4.3.1 Non-Discrimination
It is the policy of RCTC not to discriminate on the basis of disability for employment. It is
the intent of RCTC to provide qualified disabled employees with a bias free work
environment. RCTC will provide reasonable accommodation in compliance with the
Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA).
Reasonable effort will be made to provide an accessible work environment.
§1.4.3.2 Interactive Process
RCTC will engage in the interactive process, as defined by the ADA and FEHA, to determine
whether a qualified disabled applicant or employee is able to perform their essential
functions. If the employee or applicant cannot perform the essential functions of their
position, RCTC will examine possible reasonable accommodations that will make it
possible for the employee or applicant to perform. Such interactive process will include
a meeting with the employee or applicant and RCTC.
§1.5 Violation of Personnel Policy
Violation of the provisions of this Manual by an employee may subject the employee to disciplinary action,
up to and including discharge from employment.
§1.6 Department Policies and Procedures
Department managers may issue such policies and procedures as deemed necessary for the efficient and
orderly administration of the department. However, no such policies or procedures shall conflict with or
supersede the policies and procedures in this Manual.
§1.7 Distribution of Personnel Policies
Copies of this Manual shall be distributed to each employee and will be made available electronically.
§1.8 Definition of Terms
Terms used in this Manual are defined as follows:
Acting Appointment – An appointment of a person on an interim basis pending later appointment of an
eligible person.
Allocate – The assignment of a single position to its proper job classification in the Employee Classification
Plan.
Applicant – Any person submitting a formal completed application for employment with RCTC.
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Authorized Position – A specific work position within a job classification which is or may be held by an
employee.
Chair – A member of RCTC elected on a yearly basis to preside at all meetings of RCTC and perform such
other powers and duties as may be from time to time assigned to him/her by RCTC.
Class – All positions substantially similar with respect to duties, responsibilities, authority, and character
of work to permit grouping under a common title in the application with equity of common standards of
selection, transfer, and salary.
Compensation – Salary, wages, fees, benefits, allowances, or other monies paid to or on behalf of an
employee for personal services.
Continuous Service – Employment that is uninterrupted except by authorized absences.
Contract Employee – An individual employed by RCTC pursuant to the terms of an individual employment
contract that sets forth terms and conditions of employment. The rules shall apply to contract employees
to the extent they do not conflict with the contract.
Days – Defined as working days.
Demotion – The movement of an employee from one class to another class having a lower maximum base
rate of pay.
Dependent – The spouse or other dependent of an employee who is eligible to receive benefits under a
specific benefit program offered by RCTC and who is specifically defined as a tax dependent under Section
105(b) of the Internal Revenue Code. Dependent shall also mean, as to health benefits offered by RCTC,
any child (as defined in Section 152(f)(1) of the Internal Revenue Code) of an employee until the child
turns 26 years of age.
Disciplinary Action – A personnel action in the form of a discharge, demotion, reduction in pay, suspension
without pay, oral reprimand, and written reprimand of a regular employee.
Discharge – Involuntary termination of regular employment with the RCTC.
Employee – A person who is occupying a position at RCTC. The various types of RCTC employees may
include regular, temporary, contract, and probationary. Some types of employees may also be labeled as
full-time or part-time and differentiated as exempt or non-exempt employees.
Employee Classification Plan – Classes of positions defined by class specifications as approved by the
Executive Committee including titles that group all positions with similar minimum qualifications, duties,
responsibilities, authority, character of work, and schedules of compensation within the same class
(Section 2.1).
Executive Committee – Policymaking committee comprised of a subset of RCTC Commissioners.
Executive Director – The position selected by RCTC to serve as the Chief Executive Officer of RCTC.
Exempt Employee – An employee who is not eligible for overtime pay. A list of current exempt positions
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is contained in Section 3.8 of this Manual. Additional positions may be created.
First-Line Supervisor – The most immediate person to whom an employee reports for work assignments
and direction.
Fiscal Year – The fiscal year for RCTC begins on July 1 and ends on June 30 of the next year.
Full-Time Employee – An employee of RCTC who usually works forty (40) hours per week.
Grievance – Good faith complaint of an employee or a group of employees or a dispute between RCTC
and said employee or group of employees involving the interpretation, application, or enforcement of this
Manual; provided, however, any of the following complaints are not grievable: the content of a
performance evaluation, the denial of a merit pay increase, employee classification, disciplinary action,
rejection from probation, and termination of a contract, or temporary, employee.
Grievance Procedure – The systematic means by which an employee may obtain consideration of a
grievance.
Immediate Family Member – An employee's father, mother, spouse, registered domestic partner, child,
brother, sister, grandparent, grandchild, parent-in-law, brother-in-law, sister-in-law, foster child, ward of
court, or stepchild.
Job Classification – Another name for “Class”, which is all positions substantially similar with respect to
duties, responsibilities, authority, and character of work, to permit grouping under a common title in the
application with equity of common standards of selection, transfer, and salary.
Layoff – The separation of a regular employee from RCTC that has been made necessary by lack of work,
or funds, and other reasons.
Leave of Absence – An authorized absence from duty for a specified period.
Manager responsible for Human Resources – The employee of RCTC designated by the Executive Director
to oversee the Human Resources Department.
Merit Salary Increase – A salary increase within the limits of a pay range established for a class.
Non-exempt Employee – An employee who is eligible for overtime pay. Any employee who is not
designated as being exempt in Section 3.8 of this Manual is considered to be non-exempt.
Part-time Employee – An employee of RCTC who usually works less than forty (40) hours per week, but
more than twenty (20) hours per week.
Performance Evaluation – A review and evaluation of an employee's performance and capabilities in the
employee's authorized position by the employee's First-Line Supervisor or other manager.
Position – A group of current duties and responsibilities assigned or delegated by competent authority
and requiring the full or part-time services of one (1) employee.
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Probationary Employee – An employee who is serving a probationary period either as a newly hired
employee or as a new promotion.
Probationary Period – The first 2,080 hours or such duly extended period of employment, during which
an employee may be rejected without cause and without recourse to the grievance procedure or any
other appeal right. Contract and temporary employees do not serve a probationary period and may be
terminated at any time without cause and without recourse to the grievance procedure or any other
appeal right.
Promotion – The movement of an employee from one class to another class having a higher maximum
base rate of pay through a competitive process.
Reclassification – The movement of a position from one class to another class in accordance with a re-
evaluation of the minimum qualifications, duties, and responsibilities of the position.
Reduction in Pay – A temporary or permanent decrease in salary.
Regular Employee – An employee who has successfully completed the probationary period.
Reinstatement – The restoration without examination of a former regular employee to a classification in
which the employee formerly served as a regular employee.
Rejected – Involuntary termination of probationary employment with the RCTC, or in the case of a regular
employee serving a promotional probationary period, demotion to former position.
Relative – A spouse, registered domestic partner, child, step-child, parent, step-parent, parent-in-law,
legal guardian, brother, sister, brother-in-law, sister-in-law, step-sister, step-brother, aunt, uncle, niece,
nephew, grandchild, or grandparent, regardless of their places of residence; and any other individual living
within the same household as the subject person.
Resignation – Voluntary termination of employment by an employee.
Retired Annuitant – A retired employee currently receiving benefits from CalPERS working for RCTC as a
temporary employee without reinstatement and with certain restrictions as provided by the Public
Employees’ Retirement Law (PERL).
Salary Range – Categories which determine the minimum and maximum salary payable for each job
classification.
Sick Leave – A paid absence from duty by an employee due to any of the reasons set forth in Section 5.1
of this Manual.
Second-Line Supervisor – A person who has responsibility for the direction of the work of a specific
employee in the absence of the First-Line Supervisor.
Suspension With Pay – A temporary separation of an employee, either fully or partially from assigned
duties, with pay and benefits, pending investigation of alleged employee misconduct, pending imposition
of discipline, or for other reasons.
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Suspension Without Pay – A temporary separation of an employee from service, without pay, for a
disciplinary purpose.
Temporary Employee – An employee, including, but not limited to, interns, hired for a specified purpose
for a limited period of time. Such employees may be discharged without cause and without recourse to
the grievance procedure or any other appeal right.
Termination – The conclusion or cessation of employment with RCTC because of retirement, resignation,
discharge, rejection, or death.
Transfer – The movement of an employee within a department or between departments from one
position to another position in the same class or another class having the same maximum rate of pay,
involving the performance of similar duties, and requiring substantially the same basic qualification.
Underfilled Position – A unfilled, authorized position that is used to fill a business need at a lower
classification and pay grade.
Upgrade – The movement of an employee from one class to another class having a higher maximum base
rate of pay without having to go through a competitive process. Based upon Executive Director discretion.
Vacancy – An unfilled, authorized position in RCTC employment.
§1.9 Application of this Manual
Unless provided otherwise herein, this Manual shall apply to all positions and employments in the service
of RCTC.
§1.10 Savings Clause
If any provision or the application of any provision of this Manual, as implemented, is rendered or declared
invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions of this Manual shall remain in full force and effect.
SECTION 2 –– RECRUITMENT, SELECTION, AND PLACEMENT
§2.1 Classification Plan
The Manager responsible for Human Resources, under the direction of the Executive Director, shall
ascertain and record the duties and responsibilities of all positions in the RCTC. The Manager responsible
for Human Resources shall be responsible for preparing and maintaining an employee classification plan
for RCTC. The Executive Director shall recommend a classification plan for such positions. The
classification plan shall consist of classes of positions defined by class specification, including the title. The
classification plan shall be so developed and maintained that all positions substantially similar with respect
to duties, responsibilities, authority, and character of work are included within the same class, and that
the same schedules of compensation may be made to apply under similar working conditions to all
positions in the same class.
The classification plan shall be adopted by the Executive Committee and may be amended from time to
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time. A newly created position shall not be filled until approved by the Executive Committee.
§2.2 Reclassification
The Executive Director can reassign position classifications, when circumstances require changes in
responsibilities.
§2.3 Vacancies
When a vacancy occurs in an authorized position, the First-Line Supervisor will submit a request to fill the
vacancy to the Human Resources Department. The immediate supervisor may recommend to fill the
vacancy through internal or external recruitment. The Executive Director shall determine the process for
selection or, in the alternative, determine that it is in RCTC’s best interest to leave the position vacant, or
that the position warrants a down grade in the job classification or pay grade. This section shall not be
construed to limit in any way the Executive Director’s right to hire the most qualified person available to
fill any vacancy.
§2.4 Personnel Requisitions
All requests for personnel shall be submitted to the Human Resources Department and must be approved
by the Executive Director or designee.
§2.5 Announcements
The Human Resources Department shall publish announcements which shall state the position title, rate
of pay, desired qualifications, when and where to file applications, and other pertinent information.
Employment standards stated in the announcement shall be those established for the class.
Announcements shall be considered published when they are posted on the RCTC Internet website. The
Human Resources Department may publish additional notices in other locations.
§2.6 Qualification of Applicants
Person employed in or appointed to any position requiring full-time or part-time service must possess
minimum qualifications.
§2.7 Submitting Application Packages
Signed original and complete application packages must be received by RCTC on the final filing date unless
advertised as open until filled.
§2.8 Incomplete Application Packages
Incomplete application packages may be returned to the applicant with notice to amend at the discretion
of RCTC. Incomplete application packages, like all other application packages, received after the filing
period will not be given consideration for RCTC employment.
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§2.9 Initial Applicant Screening
The First-Line Supervisor seeking to hire a new employee may disqualify an applicant or refuse to refer
any person for employment for, but not limited to, the following reasons:
A. The applicant does not possess the minimum qualifications established for the position;
B. The applicant has been dismissed for good cause from previous employment;
C. The applicant has practiced or attempted to practice any deception, fraud, or
omission of material fact in the application or interview, or in securing eligibility for
employment.
The Executive Director and/or the appropriate Director shall have final approval as it pertains to
qualification of applicants.
§2.10 Recruitment and Selection
Offers of employment shall be extended to selected candidates by the Manager responsible for Human
Resources at the direction and approval of the Executive Director or designee. Employment offers for all
positions shall be made in writing and shall include starting rate of pay. All employment offers are
contingent upon the fulfillment of any contingencies mentioned in the written offer of employment.
The Executive Director has the authority to negotiate a higher accrual rate of vacation and sick leave for
new employees when, in the judgment of the Executive Director, the education, training, and experience
of a proposed employee are superior and justify a higher rate. These changes must be documented in
writing to the Human Resources Department and the Payroll Department prior to the first day of work for
the new hire.
§2.10.1 Relocation Reimbursement
It is the intent of the Riverside County Transportation Commission (RCTC) to fill job openings in
the most economical way possible. Payment of relocation expenses will only be authorized, when
there is a lack of qualified candidates in the local labor market to fill what typically would be
management (executive or program/project) or a critical hire position. The underlying philosophy
of this relocation expense policy is that claims and payments should cover necessary, reasonable
and actual expenditures and be fair and equitable to employees and RCTC.
As delegated by the Executive Committee, this policy for payment of relocation expenses is
administered by the Executive Director and is dependent upon funds available during the fiscal
year. Any offers to pay relocation expenses require prior written approval by the Executive
Director or designee.
The purpose of the Relocation Expense Reimbursement Policy and Guidelines is to provide a
means for compensating eligible employees for pre-authorized and reasonable relocation
expenses. This document states RCTC policy, guidelines, and procedures for payment.
A. Eligibility for Relocation Expense Payment
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Payment for relocation expenses may be authorized for a new employee in a
management and/or critical hire position who resides outside of the Riverside
County area. Relocation expenses will only be authorized for new hires who live
in excess of 250 miles from Riverside County at time of initial employment offer.
Each situation will be reviewed on an individual basis, taking into consideration
the reasonableness of the proposed request. No request will automatically
qualify for reimbursement.
1. Voluntary Resignation
Authorized relocation expenses must be repaid to RCTC if the employee
voluntarily resigns from employment as specified below:
a) Within twelve (12) months of hire date: 75% of paid relocation
expenses
b) Between twelve (12) and eighteen (18) months of hire date: 50%
of paid relocation expenses
c) Between eighteen (18) and twenty-four (24) months of hire date:
25% of paid relocation expenses
d) No repayment is required after twenty-four (24) months of
employment
2. Involuntary Termination
For involuntary termination of employment for reasons other than
reduction in force or organizational change, a repayment of relocation
expenses is to be paid as follows:
a) Within twelve (12) months of hire date: 100% of paid relocation
expenses
b) Between twelve (12) and twenty-four (24) months of hire date:
50% of paid relocation expenses
B. Eligible Relocation Expenses
Relocation expenses paid to a new employee for the employee's benefit, are considered
compensation, and will be added to the employee's W-2 statement at the end of the
calendar year. Federal and state laws require taxation on certain reimbursed relocation
expenses. When authorized by RCTC, an eligible employee can be granted compensation
for relocation expenses as shown below. RCTC will provide an advance payment to the
employee, when authorized, within the total amount allocated for relocation for one or
more of the following expenses:
1. Moving Expenses
a) Household Goods and Personal Property. The cost of packing, loading,
transporting, unloading, and unpacking household goods and personal
property.
b) Passenger Vehicles. The cost of shipping and insuring in-transit
passenger vehicles by a moving company car carrier service.
c) Insurance. The cost of moving protection insurance for the actual value
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of household goods and personal property.
d) Appliance Service. The cost of disconnecting and re-installation of
appliances at origin and destination for washers, dryers, refrigerators, freezers,
stoves, etc. Any additional charges for storage-in-transit at point of origin, extra
pick-up and deliveries, entry into pallets, and storage charges must be paid by the
employee directly to the moving company.
2. Transportation Expenses
Actual transportation expenses for the employee and the employee's immediate
family, from the prior residence to the workplace. Transportation will be by the
most direct route, using:
a) Air Coach (economy rate)
b) Automobile. If the employee drives, in lieu of shipping automobile,
payment will be at the most current IRS rate per mile.
c) First Class Rail Fare and roomette during overnight travel, whichever is
more economical.
d) Tolls and parking costs.
3. Temporary Housing Expenses
RCTC will pay for temporary housing expenses associated with establishing a new
permanent residence for the purpose of:
a) Selling the original residence
b) Packing and shipping household items
Temporary housing costs are authorized for a period of up to 60 days. The
Executive Director can approve extensions in writing when deemed necessary.
Authorization for temporary living and commuting expenses will terminate once
the employee moves into his/her new residence.
C. Non-Eligible Expenses
Compensation will not be authorized for the expenses listed below:
1. Moving Expenses
a) Extra costs of Saturday, Sunday, holiday service, or waiting time.
b) Costs in excess of the costs required to move to or from a location other
than the established former residence at the time of hire. An employee
may relocate to or from a place other than the established former
residence but the cost may not exceed the amount which would be
required to relocate from the established former residence.
D. Claims Against Moving Company
The employee shall be responsible for selecting and contracting with a qualified and
reputable moving company. All claims against the moving company for lost or damaged
goods should be negotiated directly between the employee and the moving company, or
the insurance company.
E. Maximum Reimbursement Allowable
The maximum amount of compensation for relocation shall be determined on an
individual basis by the Human Resources designee and approved by the Executive
Director or designee. In no event will the reimbursement provided under this policy
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exceed $20,000 unless a specific written approval is provided by the Executive Director
under Section F, below.
F. Approvals
All relocation agreements and expense payments within the limits specified in this
document require advance written authorization by the Executive Director or designee.
Human Resources will obtain approval of expenses and prepare the Relocation Expense
Reimbursement Authorization Form that includes the name of the individual, job
classification, starting salary, maximum negotiated allowance, and a statement that the
cost to be incurred will come from the hiring department’s approved budget.
All exceptions to the limits and items stated in this document require advance written
approval of the Executive Director including:
1. Relocation expense reimbursement which exceeds the maximum allowable
amount.
2. Any other items as stated in this policy.
G. Responsibility for Relocation Expenses
All relocation expenses will be charged to the hiring department utilizing the proper
project code as assigned by the Finance Department.
H. Procedure for Reimbursement
RCTC will reimburse a new employee’s reasonable relocation expenses, based on the
employee providing receipts and supporting documentation. An itemized explanation
along with relocation expense receipts must clearly describe the relocation expense and
be submitted to Human Resources no later than sixty (60) days from the first day of
employment.
Human Resources will review all documentation for clarity, approve the reimbursement
of eligible expenses, and forward to the Finance department for processing with the next
appropriate check run.
The employee is advised to consult with his/her accountant or tax professional to
determine which expenses might be tax-deductible. However, the entire amount
reimbursed to the employee from RCTC will be included on the W-2, as required by the
Internal Revenue Service.
I. Relocation Expense Reimbursement Authorization Form
Those for whom relocation expenses are provided must sign the Relocation Expense
Reimbursement Authorization Form no later than the first day of employment with RCTC.
Any questions about reimbursement of relocation expenses or any aspect of this policy
and guidelines should be directed to Human Resources.
§2.11 Promotion
It is the policy of RCTC to fill authorized position vacancies with the most qualified individual available and
to provide promotional opportunities for qualified employees. Employees interested in promotion to a
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position vacancy for which they are qualified shall submit an employment application per the recruitment
process. New employees, who have not completed the initial probationary period for their current
position, shall start a new probationary period for any new position. After the successful completion of
the probationary period in the new position, the employee shall be classified as a regular employee.
Employees promoted to a new position shall be placed at a location within the salary range in which the
position is classified that represents a ten (10) percent increase in the employee's current salary. An
employee promoted to a new position having a minimum salary range higher than a ten (10) percent
increase over the employee's current salary shall be placed at the minimum level of the new salary range.
The Executive Director has the discretion to authorize salary levels within the salary range based on the
most recent compensation study.
Promotional offers shall be extended to selected candidates (upon approval of the Executive Director or
designee) by the Manager responsible for Human Resources. Employment offers for all promotional
positions shall be made in accordance with Section 2.10 of this Manual.
Employees serving in an acting appointment shall not acquire probationary or regular status or rights, and
time spent in an "acting" position shall not contribute to the probationary period if the employee is
subsequently appointed to the position. Employees who are appointed to an acting position will receive
a temporary five (5) percent increase in their salary that will continue for the duration of their acting
position.
SECTION 3 –– TERMS OF EMPLOYMENT
§3.1 Orientation
New employees shall be provided an orientation by their First-Line Supervisor and the Human Resources
Department. The orientation will address issues such as hours of work, rest periods, salary, benefits,
probationary period, performance evaluation, position description, attendance, sexual harassment policy,
alcohol /drug abuse in the workplace policy, violence in the workplace, electronic communication, sick
leave, vacation, overtime, and other personnel issues. The employee's First-Line Supervisor will provide
the employee with a thorough orientation including, but not limited to, the following:
A. Outline current and long range departmental objectives;
B. Review the organization of the department and the names of key department personnel;
C. Review department procedures;
D. Explain hours of work, timesheet reporting, lunch and break periods, absence reporting,
and other RCTC policies;
E. Define work assignments, objectives and responsibilities;
F. Set measurable performance goals with the employee;
G. Conduct a tour of RCTC facilities including restrooms and parking facilities.
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§3.2 Probationary Period
To ensure that new employees are able to satisfy requirements of the position for which they were hired;
each new employee, other than contract and temporary employees, shall be required to serve a
probationary period consisting of the employee’s first two thousand eighty (2,080) hours of work time.
The probationary period is required as part of the testing process and shall be utilized for closely observing
the employee's work. All employees will receive a quarterly progress report and a performance evaluation
prior to completion of the probationary period.
A probationary employee may be rejected at any time without cause and without recourse to the
grievance procedure or any other appeal right. If not sooner, any rejection of a probationary employee
must be communicated to the employee at the conclusion of the probationary period or within a
reasonable time thereafter. The quarterly progress report and performance evaluation must be
completed by the employee’s First-Line Supervisor. The decision to accept or reject the probationary
employee is also made by the First-Line Supervisor in consultation with the Manager responsible for
Human Resources and must be approved by the Executive Director.
Employees promoted to another job classification, shall be considered to be probationary employees
during the first two thousand eighty (2,080) hours of work time in the new position. Employees failing to
perform satisfactorily in the new classification may be rejected and returned to their former position or
to a position requiring similar skill and in a similar pay grade if such a position is still available. Should the
previous position not be available, the employee is subject to discharge. Rejected employees shall not
have recourse to the grievance procedure or any other appeal right.
The initial probationary period of an employee may be extended by the First-Line Supervisor in
consultation with the Manager responsible for Human Resources. Extensions of an initial probationary
period must be approved by the Manager responsible for Human Resources in writing at least eighty (80)
hours before the end of the initial probationary period. Approval is made on a case-by-case basis and
must be supported by documentation justifying the request. The initial probationary period may only be
extended once by a maximum of five hundred twenty (520) hours of working time.
§3.3 Attendance
Employees shall be in attendance at their work place in accordance with the rules regarding hours of work,
holidays, and leaves. All employees shall keep their daily attendance. Attendance records of employees
shall be reported to payroll on the appropriate form. Absence without leave shall be cause for discipline,
up to and including discharge.
RCTC will maintain records of employee attendance to identify critical and chronic attendance problems.
Employee attendance will be reviewed and evaluated during the employee's annual performance
evaluation.
§3.4 Hours of Work
It is the RCTC’s objective to perform its responsibilities and meet its obligations to the public and local
agencies, while allowing its employees reasonable flexibility in their work schedules. The offices of the
RCTC shall be kept open exclusive of Saturdays, Sundays, and holidays.
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A. Work Schedules – The normal work schedule is defined as eighty (80) hours of work
performed on ten (10) work days in a normal 10/80 work schedule; or, nine (9) work days
on an alternative 9/80 flexible work schedule. Department heads shall set and adjust the
work schedules for their employees, keeping in mind that there must be coverage during
the office operation hours. An employee’s schedule may be adjusted to meet RCTC’s
needs.
Alternative Work Schedule – RCTC may, and has, implemented alternative work schedules
that differ from the standard workweek (typically a five (5) day, forty (40) hour per week
schedule). The Executive Director has the authority to determine which positions may be
on an alternative work schedule, including but not limited to those defined above, and to
continue alternative work schedules.
B. Meal Periods – Department heads are responsible for scheduling and requiring
employees to take meal periods. Meals periods may be temporarily postponed to meet
unexpected office operational requirements at the discretion of a First-Line Supervisor in
cooperation with a department head. These meal periods for all exempt and non-exempt
employees are unpaid.
The meal period for all exempt and non-exempt full-time employees working on a flexible
9/80 work schedule shall be at least thirty (30) minutes.
C. Discretionary Breaks – Department heads may grant employees who work at least an
eight (8) hour day a maximum of one paid fifteen (15) minute rest break before and one
paid fifteen (15) minute rest break after the meal period.
§3.4.1 Impermissible Use of Meal Period and/or Breaks
The meal period and the discretionary break(s) must be used separately. Discretionary breaks
may not be used to extend the lunch period.
Discretionary breaks shall not be accumulated and, when not taken, shall not be the basis for any
additional pay or time off.
§3.5 Unauthorized Absences
Any employee who is absent without authorization for three (3) consecutive working days shall be
considered to have resigned from their position with RCTC by reason of abandonment. For purposes of
this section, an unauthorized absence during part of a day constitutes an unauthorized absence for the
entire day.
Nothing in this section shall limit the Executive Director’s authority to discipline an employee due to an
unauthorized absence of less than three (3) consecutive days.
§3.5.1 Abandonment/Automatic Resignation
Absence without authorization, including “no call/no show”, of any RCTC employee, whether
voluntary or involuntary, for three (3) consecutive working days is an automatic resignation from
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RCTC service, providing the employee upon written notification does not respond to the RCTC
and/or does not provide a satisfactory explanation for the absence and their failure to obtain an
approved leave. The notification to the employee must be in writing prior to the RCTC finalizing
the resignation and must contain an opportunity within three (3) working days of service for the
employee to respond. A second notice, after the time to respond has passed or after the
employee has given an unsatisfactory explanation, must be sent to the employee stating the
effective date of the abandonment/automatic resignation. Notices will be served by first-class
mail to the last known address of record of the employee.
An employee may within ten (10) calendar days of the second notice from RCTC, request in writing
reinstatement from the Executive Director. If denied by the Executive Director, the employee
may file a further appeal to the Executive Committee within ten (10) working days from service
of the denial of restatement. Reinstatement may be granted only if the employee makes a
satisfactory explanation for the absence and/or the failure to obtain an approved leave of
absence, and the Executive Committee finds the employee is ready, able, and willing to resume
the discharge of the duties of the position.
§3.6 Overtime
It is the policy of RCTC to avoid overtime work whenever possible. Overtime work shall be used only to
supply essential public services or perform necessary duties during emergencies or where performance
of overtime work by existing employees is more economical than adding new employees by creation of
new positions.
Hours worked over forty (40) hours in a workweek, by a non-exempt employee, will be designated as
overtime.
A non-exempt employee of RCTC shall not work overtime without obtaining authorization for the
overtime, prior to commencement of overtime, from the employee's First-Line Supervisor or department
head. Employees of RCTC required to work overtime are compensated in accordance with the Fair Labor
Standards Act (FLSA) at the rate of time and one-half for each hour of overtime worked. No other form
of absence from work, such as sick leave, vacation leave, jury duty leave, etc. shall be considered hours of
work for purposes of calculating overtime.
Employees of RCTC designated as exempt employees shall not be eligible for overtime pay. No RCTC
employee shall be eligible for FLSA compensatory time, in lieu of overtime pay.
§3.7 Non-Exempt Employees
The official workweek for RCTC non-exempt employees shall be seven (7) consecutive days beginning on
Friday, four hours after the workday begins. For non-exempt employees on a flexible work schedule, the
scheduled Friday flex day must be consistently designated in order to avoid incurring any overtime
obligation.
§3.8 Exempt Employees
The official workweek for exempt employees shall be the same as for non-exempt employees. Exempt
employees shall account for all hours worked as well as for official hours away from work such as vacation,
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sick, holiday leave, and other absences. Hours worked in excess of eighty (80) hours per pay period shall
be considered by the Executive Director when determining administrative leave grants pursuant to
Section 5.6 at the end of the fiscal year.
Employees designated as either Professional/Administrative, or Executive/Supervisory, are not eligible for
overtime pay or compensatory time. Employees occupying the following positions are considered to be
exempt employees:
• Accountant
• Capital Projects Manager
• Chief Financial Officer
• Clerk of the Board
• Commuter & Motorist Assistance Manager
• Deputy Director of Finance
• Deputy Executive Director
• Executive Director
• External Affairs Director
• Facilities Administrator
• Goods Movement Manager
• Legislative Affairs Manager
• Human Resources Administrator
• I.T. Administrator
• Management Analyst
• Multimodal Services Director
• Planning & Programming Director
• Planning & Programming Manager
• Procurement Analyst
• Procurement Manager
• Project Delivery Director
• Public Affairs Manager
• Rail Manager
• Right of Way Manager
• Senior Financial Analyst
A.• Senior Management Analyst
B.• Toll Operations Manager
C.• Toll Program Director
D.• Toll Project Manager
E.• Toll Technology Manager
F.• Transit Manager
RCTC established a pay system pursuant to principles of public accountability, under which exempt
employees accrue vacation and sick leave.
An exempt employee’s pay may be reduced or exempt employee may be placed on leave without pay for
absences for personal reasons including illness or injury of less than one (1) work day when such
employee’s accrued leave is not used because: (1) permission for its use has not been sought or has been
sought and denied; (2) accrued leave has been exhausted; or (3) the employee chooses to use leave
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without pay.
Deductions from the pay of an exempt employee for absences due to a budget-required furlough shall
not disqualify the employee from being paid on a salary basis except in the workweek in which the
furlough occurs and for which the employee’s pay is accordingly reduced.
§3.9 Compensation
New employees of RCTC shall normally be hired at the minimum level of the salary range assigned to the
classification. In the event a potential employee possesses extraordinary skill, training or ability, or where
exceptional recruitment difficulties are encountered, employment offers may be made at a higher rate
whenever such would be in RCTC’s best interest. Offers of employment at the minimum to middle step
of the salary range may be made by the Manager responsible for Human Resources in cooperation with
the Executive Director and hiring First-Line Supervisor.
Individuals hired shall be eligible for a merit salary increase upon completion of their probationary
periods, and at twelve (12) month intervals thereafter. A completed performance evaluation with a
satisfactory or higher rating shall be required for all salary increase recommendations. If the probationary
period for a probationary employee is extended, the employee shall be eligible for a merit salary increase
upon successful completion of the extended probationary period.
Salary equity adjustments outside the normal merit salary increase may be made by the Executive Director
to address issues such as internal salary compression, retention considerations, and classification parity.
In these instances, equity adjustments may be approved to remedy a salary inequity. Equity adjustments
are not granted to reward performance and must stay within the established pay range determined by
the most recent compensation study. Justification must accompany requests for equity adjustments,
including specific outside salary offers in cases of retention, or a specific analysis of salary relationships in
cases of correcting salary inequities.
§3.10 Salary Review
The Manager responsible for Human Resources, under the direction of the Executive Director, shall review
the salary range assigned to each position within RCTC and provide a written report of the review to the
Executive Director. The Executive Director may make salary recommendations to the Executive
Committee.
§3.11 Performance Evaluations
It is the policy of RCTC to evaluate employee performance on a regularly scheduled basis. The
performance evaluation shall normally be conducted by the employee's First-Line Supervisor and shall be
discussed with the employee. The employee's First-Line Supervisor shall carefully consider each item of
the performance evaluation in relation to the duties outlined in the employee's position description.
A performance evaluation shall be completed at the end of the initial probationary period and annually
thereafter. It is the supervisor's responsibility to assure that the performance evaluation is completed
and returned to the Manager responsible for Human Resources for review prior to the completion of the
employee’s probationary period.
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Employees may be eligible for merit pay increases based on funding approved by the RCTC. The Executive
Director, prior to the beginning of the fiscal year, will inform Management staff on the maximum level of
increase that could be granted to employees. The amount of an employee’s merit pay increase, if any,
will be determined by the employee’s First-Line Supervisor in accordance the employee’s performance
and based on the guidelines established by the RCTC.
§3.12 Service Awards
In order to recognize the contributions of long-time RCTC employees, RCTC shall provide service awards
to regular employees who have completed five (5) years of consecutive service and on succeeding five (5)
year anniversaries thereafter.
Service awards will be presented at regular RCTC meetings. Employees must have completed the
appropriate years of service prior to the date of the awards ceremony to be eligible for the award.
Presentation of service awards shall be made by the Chair or Executive Director of RCTC or a
representative designated by the Executive Director.
§3.13 Safety
It is the policy of RCTC to maintain an active safety program designed to eliminate occupationally related
illness and injury among RCTC employees. Every employee of the RCTC shall be required to observe all
RCTC and departmental health and safety procedures. RCTC’s safety policies and practices are more fully
set out in the Injury and Illness Prevention Plan, which is available in Human Resources.
§3.14 Keys and Security Codes
Keys to RCTC facilities will be issued by the Facilities Administrator and related security access cards will
be issued to employees as designated by Human Resources. Keys are the property of RCTC and shall be
surrendered to RCTC upon termination of employment. Employees shall be required to immediately
report lost or stolen keys to the Facilities Administrator and related security cards to Human Resources.
§3.15 Political Activity
Political activities undertaken by employees of RCTC, while on duty and/or on the premises of RCTC, are
prohibited. In accordance with the California Government Code, the following is prohibited.
A. An employee of RCTC shall not, directly or indirectly, solicit political funds or
contributions, knowingly, from other officers or employees of RCTC. (Government Code
Section 3205, see Section 17);
No employee of RCTC shall engage in political activity during working hours. (Government
Code Section 3207);
B. No signs, posters, or other political advertising materials shall be posted upon RCTC
property at any time.
§3.15.1 Election Contributions
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The rules set forth herein are in consideration with the Public Utility Code 130051.20.
A. No employee of the RCTC, or member of their immediate families, shall accept,
solicit, or direct a reportable campaign contribution, as defined in California
Government Code 84300, from any construction company, engineering firm,
consultant, legal firm, or any company, vendor, or business entity seeking a
contract with the RCTC.
B. No employee of the RCTC shall make or participate in, or use his or her official
position to influence, a contract decision if the employee has knowingly accepted
a reportable campaign contribution as defined in California Government Code
84300 in the past one (1) year from a participant, or its agent, involved in the
contract decision.
C. No employee of the RCTC, or member of their immediate families shall accept,
solicit, or direct a reportable campaign contribution as defined in California
Government Code 84300 from a construction comparny, engineering firm,
consultant, legal firm, or any company, vendor, or business entity that has
contracted with the RCTC in the preceeding one (1) year.
§3.16 Conflict of Interest and Outside Activities/Employment
It is a basic principle of RCTC that all of its business affairs shall be, in all respects, conducted legally and
ethically and with strict adherence to the highest standards of integrity and propriety. Thus, although
RCTC recognizes the employee's right to engage in private and/or commercial activities or employment
outside normal working hours, RCTC expects each employee to avoid those outside activities or
employment that are a conflict of interest or that may potentially become a conflict of interest.
Employees must have prior approval from their First-Line Supervisor and Human Resources before
securing additional employment.
Therefore, all employees interested in pursuing private and/or commercial activities outside normal
working hours that have the potential for a conflict of interest shall be required to present a written
explanation of such activities to the employee’s First-Line Supervisor for approval. If the First-Line
Supervisor recommends approval of the outside employment, he or she shall forward the documentation
to Human Resources for consideration.
Human Resources will review the written explanation in accordance with federal and California law,
including but not limited to the California Code of Regulations of the Fair Political Practices Commission
(FPPC), Title 2, Division 6, Chapter 7, Article 1. If the Human Resources Manager determines that the
activity does not violate federal and California Conflict of Interest laws, the Manager responsible for
Human Resources will approve the outside activity or employment.
It is not possible to formulate in advance an all-inclusive set of guidelines regarding potential conflicts of
interest. The illustrations set forth below provide guidelines for certain types of situations. Specific
questions regarding situations which are not clearly covered by this policy statement will be answered on
a case-by- case basis when they arise. Examples of conflict of interest include:
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•A. Employees are prohibited from supervising a consultant contract in which an employee’s
relative manages the same contract for the consultant if such conduct would be
prohibited by FPPC regulations or other applicable law;
•B. Employees are prohibited from soliciting RCTC consultants to hire employee’s family
members;
•C. Employees are prohibited from seeking personal services or advice from RCTC consultants
not related to RCTC business at the RCTC expense.
It is improper for an employee to use or divert any RCTC property or resources, including the service of
other employees for his/her own advantage or benefit. RCTC employees may not engage in political
activities while on duty. RCTC employees may pursue such interests when off duty, provided that they do
not create a conflict of interest. Any RCTC employee running for or holding any other office or position
may not use any RCTC resources (including but not limited to vehicles, equipment, materials, labor, or
services) in connection with running for or holding the other office or position. RCTC employees shall not
use RCTC letterhead paper when writing letters on personal or other matters that are not directly related
to the RCTC’s business, because that practice uses the RCTC’s name and could expose RCTC to liability for
activities beyond the scope of employment.
RCTC Employees shall not solicit political contributions from other RCTC employees while on duty and at
no time shall attempt to coerce such contributions. RCTC employees shall not solicit political or charitable
contributions from RCTC contractors at any time. However, a RCTC employee may communicate through
the mail, or by other means, requests for political funds or charitable contributions from a significant
segment of the public which may include RCTC officers, employees or contractors, so long as it is clear
that RCTC officers, employees and contractors are not targeted for the solicitation. RCTC employees shall
not use employee lists, RCTC mailing lists, vendor lists and lobbyist lists to solicit political or charitable
contributions.
An RCTC employee who holds elective office shall ensure that they are in compliance with all FPPC
requirements and do not possess authoritative control over any contractual or financial obligations
related to RCTC projects within the geographic jurisdiction of his or her elective office. At the time of his
or her election to any office subject to this section, the RCTC employee shall disclose this information to
his or her supervisor and Human Resources.
§3.17 Nepotism and Other Prohibited Employment
In order to assure efficiency in implementing policies of RCTC, it is necessary to restrict the employment
of relatives of elected and appointed officers of RCTC. Therefore, the following restrictions will apply:
A. Relatives of the RCTC Executive Director, RCTC Legal Counsel, and all elected officials who
are Board members of RCTC shall not be eligible for RCTC employment in any capacity;
B. Members of the RCTC Board are ineligible for employment with RCTC while serving on
the RCTC Board and for one (1) year after their service on the RCTC Board ends. This
section shall not apply to a non-voting board member appointed by the Governor after
their service on the RCTC Board ends;
C. Relatives of RCTC employees shall not be employed in the same department of RCTC
where such employment would be detrimental to the supervision, safety, security, or
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morale of the department or RCTC, as determined by the Executive Director, nor shall any
employee be placed in a position that exercises supervisory authority over a relative;
D. If two (2) RCTC employees become married or cohabitate and their employment conflicts
with the provisions of this policy, they may continue employment provided that such
employment does not directly or indirectly place an undue hardship on other employees
within the particular work unit of the married couple and such employment is not
detrimental to the supervision, safety, security, or morale of the particular work unit as
determined by the Executive Director.
In no event shall an employee participate directly or indirectly in the recruitment or selection process for
a position in which an employee's relative may have filed an employment application.
§3.17.1 Non-Fraternization
RCTC desires to avoid misunderstandings, complaints of favoritism, possible claims of sexual
harassment, and the employee morale and dissension problems that can result from certain
relationships between employees. Accordingly, employees are prohibited from fraternizing or
becoming romantically involved with other employees when, in the opinion of RCTC, their
personal relationships may create a potential conflict of interest, cause disruption, create a
negative or unprofessional work environment, or present concerns regarding supervision, safety,
security, or morale.
All employees should also remember that RCTC maintains a strict policy against unlawful
harassment of any kind, including sexual harassment.
§3.18 Demotion
RCTC may demote an employee whose ability to perform the required duties falls below standard or for
disciplinary purposes.
§3.19 Suspension Without Pay
The Executive Director may suspend without pay an employee from a position at any time for a disciplinary
purpose. Suspension without pay shall not exceed thirty (30) days, nor shall any employee be suspended
without pay for more than thirty (30) days in any fiscal year.
§3.20 Rejection of Probationary Employment
Probationary employees may be rejected without cause and without right of appeal at any time during a
probationary period. Rejections shall be initiated by the appropriate Director and approved by the
Executive Director prior to notifying the employee of termination action. The Manager responsible for
Human Resources must be notified of any employee termination action. Rejected probationary
employees shall no longer receive employee benefits except benefits accrued under CalPERS and benefits
to which the employee is statutorily entitled. Rejected probationary employees shall not be eligible for
prior notice of termination and shall receive payments due on the date of termination.
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§3.21 Discharge
RCTC may discharge regular employees for cause, including, but not limited to, inadequate job
performance. All employees of RCTC shall be discharged in accordance with applicable provisions of this
Manual. Employees discharged in accordance with this Manual shall no longer receive employee benefits
except benefits accrued under CalPERS and benefits to which the employee is statutorily entitled.
Discharged employees shall receive final compensation payments on the next regular payday.
§3.22 Resignation
Employees who wish to voluntarily terminate employment with RCTC shall provide a minimum of two (2)
weeks written notice to their First-Line Supervisor. The written resignation shall be considered accepted
by RCTC immediately upon submission by the employee and shall be forwarded to the Human Resources
Department for processing. Requests to revoke a resignation shall be determined in the sole discretion of
the Executive Director. Any employee failing to provide RCTC with a minimum of two (2) weeks written
notice of resignation shall be ineligible for consideration for future employment with RCTC. Final
compensation will be paid on the next regular payday.
§3.23 Death of Employee
In the event of a death of a RCTC employee, payment of all earned wages due shall be in accordance with
California law. The payment of benefits from insurance policies and other employee programs will be
paid in accordance to the terms of the specified benefit policies and in accordance with state law.
§3.24 Dress Code
RCTC encourages a relaxed atmosphere for its employees. RCTC defines business casual as dressing
professionally, neat, and pulled together. Employee attire needs to be suitable for the workplace.
Employee attire should be clean, unwrinkled, and look professional. Unacceptable attire is rumpled or
ripped clothing, underwear as outerwear, tank tops, shorts, flip flops, or inappropriately revealing attire.
Keep in mind the “business” part of business casual.
SECTION 4 –– EMPLOYEE BENEFITS
§4.1 Benefit Plan
All regular and probationary employees shall be eligible to participate in the benefit plans and programs
offered by RCTC and listed herein.
§4.2 Medical
RCTC will provide medical coverage through the CalPERS for regular and probationary employees that are
eligible to enroll. RCTC shall pay the cost of medical insurance in the CalPERS at the rate approved by the
Executive Committee and as set forth in a resolution adopted in accordance with Government Code
Section 22892(a).
§4.2.1 COBRA
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Employees and their qualified beneficiaries, who lose their group health coverage and meet
CalPERS' qualifying event requirements, may be eligible for Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA) continuation coverage. COBRA coverage, eligibility,
enrollment, costs, and duration are determined by CalPERS.
If an employee terminates employment with RCTC, the employee is entitled to continue
participating in the RCTC group health plan for a prescribed period of time, usually eighteen (18)
months, provided that the employee satisfies all requirements under COBRA, including payment
of the full premium. COBRA coverage is not extended to employees terminated for gross
misconduct.
If a former employee chooses to continue group benefits under COBRA, the employee must pay
the total applicable premium. Coverage will cease if the former employee fails to make premium
payments as scheduled, becomes covered by another group plan that does not exclude pre-
existing conditions or becomes eligible for Medicare.
For detailed information or questions on COBRA, employees are requested to check with the
Human Resources Department.
§4.2.2 Post-Retirement Medical
To be eligible for retirement health benefits, an employee’s retirement from RCTC must be
effective within 120 days of the employee’s separation from employment with RCTC and the
employee must be receiving a retirement allowance from CalPERS resulting from the employee’s
service with RCTC. Retired employees who satisfy the preceding requirements (“Eligible
Retirees”) are eligible to continue health coverage offered by CalPERS. The level of benefits varies
depending upon an Eligible Retiree’s date of employment with RCTC. RCTC provides retirement
health benefits as follows:
Hired On or After January 1, 2007
Employees hired after January 1, 2007, will only be eligible to receive health benefits paid by RCTC
upon their retirement if at the time of retirement, the employee has completed at least ten (10)
years of service with a CalPERS employer provided that at least five (5) of those years of service
must have been performed entirely with RCTC.
The benefit for these retirees will be determined, in part, by the retiree’s years of service with a
CalPERS employer and, in part, by a contribution level based on a weighted average of the
premiums of the four largest medical benefit plans offered by CalPERS (“Average Cost”). Average
Cost will be determined by CalPERS on an annual basis. Specifically, RCTC’s contribution on behalf
of these retirees shall be comprised of the following two components: (1) an amount equal to at
least 100percent of the Average Cost of employee only benefits multiplied by the “applicable
percentage”; and for each retiree with enrolled family members, (2) an amount equal to
90percent of the Average Cost for the enrollment of such family members multiplied by the
“applicable percentage.” The “applicable percentage” shall be determined on the basis of the
employee’s years of service as follows:
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Credited Years
of Services
Applicable
Percentage
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
Hired Prior to January 1, 2007
The employer contribution payable for post-retirement health benefits for each employee hired
prior to January 1, 2007, shall be at the rate paid for active employees.
§4.3 Short- and Long-Term Disability Insurance
RCTC shall provide short and long-term disability insurance for regular employees. The premiums of
regular and probationary employees are paid by RCTC. Regular and probationary employees will be
enrolled in the program at the time of hire and must remain in the program while employed by RCTC.
Short-term disability insurance provides for no elimination period for disability due to accidental bodily
injury and seven (7) day elimination period for disability due to illness or pregnancy. The maximum benefit
equals 66 2/3 percent of the weekly pre-disability salary or $1,777, whichever is less. Employees may use
sick leave and vacation pay to supplement the disability benefit up to 100percent of salary. The maximum
benefit period is 180 days. A disability due to a job-related injury would require Workers’ Compensation
insurance to be the primary insurance.
Long-term disability insurance provides for a 180-day elimination period or the employee must exhaust
available sick leave, whichever is longer. The maximum benefit equals 66 2/3 percent of the monthly pre-
disability salary up to a maximum of $10,000. Benefit amounts exceeding $7,000 per month must receive
medical underwriting and approval.
§4.4 Life Insurance
RCTC shall provide a one hundred thousand dollar ($100,000) term-life insurance policy for each regular
and probationary employee. Life insurance is also provided to regular and probationary part-time
employees and will be on a pro-rata basis based on the hours worked. The first $50,000 of coverage will
not be taxable to the employee. However, the cost of providing the remaining $50,000 in coverage will
be reported as taxable compensation of the employee. Employees may be permitted to purchase,
through payroll deduction, supplemental term-life insurance.
RCTC shall provide these benefits subject to carrier requirements. Selection of the insurance provider(s)
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and the method of computing premiums shall be within the sole discretion of RCTC.
§4.5 Dental/Vision Program
RCTC shall provide dental and vision insurance for regular and probationary, full-time and part-time
employees and their Dependents. Employees and their Dependents shall be entitled to benefits as
provided by the insurance carrier.
§4.6 Retirement Program
All regular and probationary employees shall become members of the CalPERS on the effective date of
employment. Through contract with CalPERS, regular employees who meet the PERS requirement as a
Classic Member shall receive a 2.7% a@ 55 retirement benefit under provisions of section 21354.5 of the
Public Employees’ Retirement Law (PERL). For regular employees who meet the PERS requirement as a
New Member (PEPRA) shall receive a 2% @ 62 benefit under provisions of section 7522.20 of the PERL.
A summary of retirement benefits contracted for through CalPERS for Classic Members are as follows:
A.• 1959 Survivor Allowance – Third Level: The provisions of section 21573 of the PERL shall apply to
RCTC regular and part-time employees.
B.• Post-Retirement Survivor Allowance: The provisions of section 21624, 21626, and 21628 of the
PERL shall apply to RCTC regular and part-time employees.
C.• Final Compensation – One Year: The provisions of section 20042 of the PERL shall apply to all
RCTC regular and part-time employees.
D.• Unused Sick Leave: The provisions of section 20965 of the PERL shall apply to all RCTC regular and
part-time employees.
E.• Industrial Disability Retirement: The provisions of section 21151 of the PERL shall apply to all
RCTC regular and part-time employees.
F.• Up to a 3% Cost of Living Adjustment: The provisions of section 21335 of the PERL shall apply to
all RCTC regular and part-time employees.
G.• Two-Year Additional Service Credit: The provisions of section 20903 of the PERS shall apply to all
RCTC regular and part-time employees at the sole discretion of the RCTC Executive Committee.
A summary of retirement benefits contracted for through CalPERS for New Members (PEPRA) are as
follows:
1.• Final Compensation – Three Years: The provisions of section 20037 of the PERL shall apply to all
RCTC regular and part-time employees.
2.• Unused Sick Leave: The provisions of section 20965 of the PERL shall apply to all RCTC regular
and part-time employees.
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3.• Up to a 3% Cost of Living Adjustment: The provisions of section 21335 of the PERL shall apply to
all RCTC regular and part-time employees.
4.• 1959 Survivor Allowance – Third Level: The provisions of section 21573 of the PERL shall apply
to RCTC regular and part-time employees.
5.• Post-Retirement Survivor Allowance: The provisions of section 21624, 21626, and 21628 of the
PERL shall apply to RCTC regular and part-time employees.
6.• Two-Year Additional Service Credit: The provisions of section 20903 of the PERS shall apply to
all RCTC regular and part-time employees at the sole discretion of the RCTC Executive
Committee.
§4.7 401(a) Qualified Plan
All regular and probationary employees shall be enrolled in the 401(a) Qualified Plan. RCTC will contribute
the equivalent of 7.5 percent of the employee’s salary to the qualified plan. Employees shall be enrolled
in the program at the time of hire and are vested at a rate of 20 percent per year with full vesting at five
(5) years of RCTC service.
§4.8 457 Deferred Compensation
Regular and probationary employees of RCTC shall be eligible to enroll in the 457 deferred compensation
plans offered by RCTC on the first day of employment. There is no employer contribution to the 457
deferred compensation plan. Employees are permitted to specify amounts to be deducted from the
employee's paycheck for deposit to RCTC’s deferred compensation carrier. Maximum contribution is in
accordance to the amount set by the federal law.
§4.9 Workers’ Compensation
RCTC shall provide workers’ compensation benefits to all employees who suffer a work-related injury or
illness. For an injury suffered by an employee while performing their duties, the employee will be placed
immediately on workers’ compensation. The employee must complete an Employee’s Claim for Workers’
Compensation Benefits (DWC Form 1) and submit it to the Human Resources Department. After receipt
of the DWC Form 1, the Human Resources Department will complete the Employer’s Report of
Occupational Injury or Illness (SCIF 3067). Both forms shall be submitted to RCTC’s Workers’
Compensation carrier. It is the desire of RCTC to provide full benefits to the employee whenever possible,
however, in no event shall the employee receive more salary and benefits than he or she would normally
receive had the injury not occurred.
§4.10 Unemployment Insurance
Unemployment insurance shall be provided in accordance with the current state and federal laws.
§4.11 Continuation of Benefits Coverage
RCTC shall continue employer contributions to the employee benefit plan and to group life insurance
programs of those regular employees placed on leave of absence with pay (excluding long-term disability)
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for the duration of the leave of absence with pay. Employee contributions to such programs shall be
deducted from salary payments made to the employee during the paid leave of absence.
Regular employees of RCTC placed on leave of absence without pay may continue to participate in RCTC’s
benefit programs for the duration of the leave of absence. RCTC employer contributions to the benefit
programs shall cease five (5) days after the effective date of the leave of absence without pay. Regular
employees placed on leave of absence without pay, who want to continue participation in the benefit
programs, shall advise the Human Resources Department in writing of their intention to do so and shall
submit a check for the cost of the applicable coverage to the Human Resources Department no later than
the 10th day of the month preceding the month for which coverage is effective. The Executive Committee,
however, may, in its sole discretion, agree to continue paying RCTC’s contributions and begin paying the
employee’s contributions to the benefit programs, in whole or in part, during an unpaid leave of absence.
Once an employee begins to receive RCTC’s Short and/or Long-Term Disability benefits, employer
contributions to the benefit program will cease after twelve (12) weeks during the Short-Term Disability
leave. After such time, the employee shall be required to cover both the employer’s and employee’s
contributions if the employee chooses to continue any benefits.
§4.12 Education Reimbursement
Regular full-time employees of RCTC, who have completed at least 2,080 hours of consecutive service,
shall be eligible for education reimbursement pursuant to this section. The RCTC will make available a
maximum of $25,000 per fiscal year for education reimbursement.
An employee may be reimbursed up to $2,500 to cover education expenses incurred in any fiscal year. If
total employee education reimbursement requests exceed available funding in a given fiscal year,
reimbursement will be made on a first-come, first-served basis.
Requirements for education reimbursement are as follows:
A. Course is satisfactorily completed with a grade of “C” or higher;
B. Appropriate proof of successful completion is submitted to their First-Line Supervisor and
the Human Resources Department;
C. Course of instruction will enable the employee to perform their present duties more
effectively, or will prepare them for future opportunities into which he or she could
reasonably expect promotion or transfer at RCTC;
D. The hours of instruction for the course do not conflict with the employee's regularly
scheduled work day;
E. The course of instruction must be presented by a technical school, vocational school,
college, university, business, or high school that has been accredited by a recognized
governmental or professional accrediting body and/or has been approved by the
Executive Director.
Employees shall be eligible for reimbursement of the following education expenses: tuition, textbooks,
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registration fees, and laboratory fees related to an approved course of instruction. Employees shall be
limited to a maximum reimbursement of $2,500 per employee per fiscal year.
Employees shall not be eligible for reimbursement of late registration penalties or fees, transportation
costs, parking, interest, or any other charge not specified as reimbursable in this section.
Employees shall submit an Education Reimbursement Request to their First-Line Supervisor for approval
prior to registration for the course. The First-Line Supervisor will review the request for compliance with
RCTC policies and either approve or disapprove the request. If the request is denied, the First-Line
supervisor will state the reason for denial. The supervisor shall forward the completed form to Human
Resources for review to assure compliance with RCTC policy. One copy of the completed form, indicating
the Executive Director’s approval or disapproval, shall be forwarded to the employee.
Employees who successfully complete an approved course shall submit a request for reimbursement to
Human Resources. The request must include receipts for all items for which the employee wishes to be
reimbursed and a copy of the final grade report with a grade of “C” or higher.
RCTC expects employees who use the Education Reimbursement Program to continue as RCTC employees
for at least two (2) years after completion of the program. Thus, as part of their Education Reimbursement
Request, the employee shall agree that upon voluntary termination of employment within twenty-four
(24) months following receipt of an education reimbursement payment, the employee is required to remit
to RCTC the amount of the education reimbursement minus one twenty-fourth (1/24) of the education
reimbursement for each month of service following the receipt of the reimbursement.
Required education and/or training outside an employees’ regular work hours shall be considered as
hours worked. RCTC is responsible for all costs associated with required education and training.
§4.13 Employee Assistance Services
The RCTC shall provide an employee assistance program for its employees. Questions about the employee
assistance services should be directed to Human Resources. Employees shall use sick leave, or vacation
time if the employee has no available sick leave time, for assessment consultations that are voluntary.
For consultations that are obligatory and recommended by the employee’s supervisor, no sick leave time
or vacation time will be deducted.
The RCTC may change the program at any time.
§4.14 Flexible Reimbursement Plan
This plan allows employees to set aside pre-tax dollars to pay for unreimbursed health care and dependent
care expenses. Employees will be able to pay for allowable expenses not covered by their medical plans
as well as dependent care services with pre-tax dollars. Refer to plan enrollment package, contact the
Human Resources Department, or Internal Revenue Service Publication 969 for details.
§4.15 Employee Transportation Assistance
RCTC shall provide regular and probationary employees a monthly transportation assistance program up
to the established limit under Internal Revenue Code section 132(f). The program will reimburse
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employees for the purchase of public transportation tickets to and from work, and it will pay the county
directly for vanpool participation through the county’s vehicle program, subject to the limitations noted
above.
§4.16 Non-Revenue Account and Toll Exemption
RCTC staff shall receive toll exemption when travelling on RCTC owned Express Lanes according to the
policy below:
a)• Use of the Express Lanes is directly related to the maintenance, testing, or monitoring of the
Express Lanes;
b)• Use of the Express Lanes is related to an approved tour of the facility; and
c)• Use of the facility is pre-approved by the designated Toll Operations staff member.
In order to manage non-revenue usage of the toll facilities, toll operations staff will maintain a non-
revenue account on which qualified vehicles will be listed and transponders will be issued. Toll Operations
staff will manage the account and perform monthly reviews of the account activity and transponder
inventory.
This policy may be extended to RCTC contractors as deemed appropriate by the contract. It is a violation
of this policy for RCTC staff to use the Express Lanes with a non-revenue transponder or plate listed on a
non-revenue account without complying with the requirements above.
SECTION 5 –– LEAVE, VACATION AND HOLIDAYS
§5.1 Sick Leave
C.A. Accrual and Accumulation: Regular and probationary full-time employees of RCTC shall
accrue four (4) hours sick leave for each pay period completed. Regular and probationary
part-time employees shall accrue sick leave on a pro-rata basis based on the proportional
hours worked. Accumulated sick leave shall be available for use the first day following
the payroll period in which it is earned.
Employees on sick leave shall continue to receive their regular pay and benefits.
Except as provided differently in RCTC policies, an employee who has exhausted their accumulated sick
leave and who is unable to work due to illness or injury will be placed in a vacation status for the duration
of the illness or injury, or until the employee has exhausted their accumulated vacation, whichever occurs
first. If the employee has exhausted both sick leave and vacation leave accumulations, the employee may
be placed on a leave without pay. In conjunction with an illness or injury, an employee may apply for
short- or long-term disability insurance, as applicable.
D.B. Use: The following are considered appropriate uses of sick leave accrual;
a paid absence from duty by an employee due to:
i. An employee's illness, injury, or disability that incapacitates the employee from
performing their duties;
ii. An employee who is personally undergoing medical, dental, or optical treatment
or examination may use sick leave accrual for the required time away from work;
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" +
Indent at: 1"
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C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" +
Indent at: 1"
Formatted: Indent: Left: 1", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Indent: Left: 1", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
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iii. An employee who, due to exposure to a contagious disease, is quarantined by an
appropriate authority may use sick leave;
iv. An employee compelled to be absent for reason of illness or injury or medical
appointments and procedures for dependents, spouse, parents, or registered
domestic partner may use sick leave;
v. Bereavement Leave. Sick leave may be used when a death occurs to an
employee’s relative or relations through a registered domestic partnership. RCTC
has the right to require proper documentation in support of the requested leave.
A.C. Minimum Charge: The minimum charge against accumulated sick leave shall be fifteen
(15) minutes.
B.D. Notice of Illness: On the first day of absence due to illness, an employee must notify their
First-Line or Second-Line Supervisor of the intended absence at or before the start of the
employee's scheduled workday. It is the responsibility of the employee to keep RCTC
informed as to continued absence beyond the first day for reasons due to illness. Failure
to make such notification may result in denial of sick leave and may result in disciplinary
action, up to and including discharge from employment.
C.E. Illness During Vacation Leave: Employees who become ill while on vacation leave may
request to have vacation time converted to sick leave. Approval may be granted only
when the employee presents a licensed physician's certificate verifying an illness or injury.
Such conversion shall require approval of the employee’s supervisor.
D.F. Other Employees: Temporary employees shall not be eligible to accrue sick leave.
E.G. Return from Sick Leave: Employees who have been on sick leave for three (3) days or
more may be requested to present a statement signed by a licensed physician stating that
the employee has been off from work due to illness or injury and is able to resume normal
duties. RCTC reserves the right to require a physician’s statement for absences of less
than three (3) days.
F.H. Misuse of Sick Leave: Evidence substantiating the abuse and misuse of the sick leave
benefit shall result in denial of sick leave and may result in disciplinary action, up to and
including discharge from employment.
§5.1.1 Minimum Paid Sick Leave Policy for Non-Benefited, Temporary Employees
Eligibility: Any employee not otherwise provided paid leave sufficient to cover at least
twenty four (24) hours of absence on an annual basis for the reasons set forth in this
policy (e.g., sick leave or paid time off) shall be eligible for this Minimum Paid Sick Leave
per AB1522. An employee who, on or after July 1, 2015, works thirty (30) or more days
within a year from the commencement of employment is eligible for Minimum Paid Sick
Leave. This policy is intended to comply with the requirements of the Healthy Workplaces,
Healthy Families Act of 2014 at Labor Code section 246(e)(2) and should be interpreted
Formatted: Indent: Left: 1", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Indent: Left: 1", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Indent: Left: 1", Hanging: 0.5", Numbered +
Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 3 + Alignment: Left + Aligned at: 0.5" +
Indent at: 1"
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C, … + Start at: 3 + Alignment: Left + Aligned at: 0.5" +
Indent at: 1"
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 3 + Alignment: Left + Aligned at: 0.5" +
Indent at: 1"
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 3 + Alignment: Left + Aligned at: 0.5" +
Indent at: 1"
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 3 + Alignment: Left + Aligned at: 0.5" +
Indent at: 1"
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C, … + Start at: 3 + Alignment: Left + Aligned at: 0.5" +
Indent at: 1"
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consistently.
Annual Grant of 24-hours of Minimum Paid Sick Leave: Employees who are eligible as of
July 1, 2015, will be granted a twenty-four (24) hours on July 1, 2015 for use during the
remainder of that calendar year. Employees who are hired after July 1, 2015, shall be
granted twenty-four (24) hours upon hire for use during the calendar year of their hire.
Every year thereafter, on January 1st, each covered employee shall receive an annual
grant of twenty-four (24) hours of Minimum Paid Sick Leave for use during that calendar
year. This annual grant does not roll over to the next calendar year and is not paid out
upon termination of employment. The Minimum Paid Sick Leave entitlement and its use
shall be reflected on the covered employee’s regular pay stubs.
Use of Minimum Paid Sick Leave: Leave may be used for any purpose sick leave is
otherwise typically used pursuant to policy and consistent with those uses set forth in the
Healthy Workplaces, Healthy Families Act of 2014 (AB 1522). These uses include, but are
not limited to use by a covered employee for preventative care or diagnosis, care, or
treatment of an existing health condition for the covered employee or his or her family
member; and use by a covered employee who is a victim of domestic violence, sexual
assault, or stalking. A covered employee may not be required to find a replacement
worker in order to utilize Minimum Paid Sick Leave.
Procedural Requirements: Procedural requirements, including those requirements
related to notice, request of use, acceptable uses, prohibited uses, minimum increments,
and medical certification shall be governed by existing policies relating to §5.1 Sick Leave.
For those purposes, Minimum Paid Sick Leave shall be treated the same as §5.1 Sick Leave.
• An absence necessitated by an employee’s own or a family member’s illness or injury,
defined to include diagnosis, care, or treatment of an existing health condition,
among other things.
• An absence necessitated by the employee’s own or a family member’s need for
preventative care, defined to include medical, dental, or vision appointments.
• An absence due to an employee’s exposure to a contagious disease when quarantine
is imposed by health authorities or on the advice of a physician when the presence of
the employee at work could endanger the health of others.
• An absence required by an employee who is the victim of domestic violence, sexual
assault, or stalking, to: (1) attempt to obtain any relief, including, but not limited to,
a temporary restraining order, restraining order, or other injunctive relief, to help
ensure the health, safety, or welfare of the victim or his or her child; (2) seek medical
attention for injuries caused by domestic violence, sexual assault, or stalking; (3)
obtain services from a domestic violence shelter, program, or rape crisis center as a
result of domestic violence, sexual assault, or stalking; (4) obtain psychological
counseling related to an experience of domestic violence, sexual assault, or stalking;
or (5) participate in safety planning and take other actions to increase safety from
future domestic violence, sexual assault, or stalking, including temporary or
permanent relocation.
For purposes of this §5.1.1, “family member” is defined consistent with Labor Code
section 245.5(c), which generally includes child (including foster, legal ward, and those
similarly situated), parent (including spouse’s parent, guardian, and those similarly
Formatted: Bulleted + Level: 1 + Aligned at: 1" + Indent
at: 1.25"
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situated), spouse, registered domestic partner, grandparent, grandchild, and sibling.
Employer may require such paid leaves to be used, when available, in conjunction with
any medical leave.
Medical Certification: Employer may, at its discretion, require an employee who has a
medically related absence for more than twenty-four (24) hours of consecutively
scheduled work days to furnish medical certification of the illness or injury necessitating
the absence. If an employee cannot provide certification, the employee’s supervisor has
the option to deny the sick leave request and convert the time to unexcused absence.
Employer may also, at its discretion, require an employee absent for more than twenty-
four (24) hours of consecutively scheduled work days to furnish medical certification that
he or she is fit for duty prior to returning to service.
§5.2 Sick Leave Conversion to Vacation/Cash Out
Conversion of Sick Leave to Vacation Leave
Employees of RCTC with five (5) years of continuous service (10,400 hours of continuous service) may
choose to convert part of their sick leave to vacation leave. Only that portion of accumulated sick leave
hours that exceed 240 hours may be converted. An employee may choose to convert unused sick leave
as follows:
•A. Sick leave accrued in excess of 240 hours could be converted to vacation at a rate of 50
percent (i.e., one (1) hour of vacation for two (2) hours of sick leave in excess of 240); and
•B. The option to convert unused sick leave to payment under this provision may only be
exercised by the employee once per year and must be accomplished by notifying the
Accounting Department and the Human Resources Department of their intention by
March 31 for use the next fiscal year. The provisions above shall be utilized for sick leave
cash out.
Sick Leave Cash Out
Employees that terminate their service with RCTC as a result of retirement shall have their accrued but
unused sick leave time converted to additional service credit pursuant to Government Code Section
20965.
Employees that terminate their service with RCTC for any reason other than retirement and that have
unused sick leave in excess of 240 hours, shall have said excess converted to a cash payout at a rate of 50
percent. The employee shall not be compensated for the first 240 hours of unused sick leave.
§5.3 Holiday Leave
All regular and probationary employees of RCTC who are paid hours on the payroll the day before and day
after a designated holiday shall be paid for said holiday. Full-time employees shall receive eight (8) holiday
pay hours for a holiday. Part-time benefited employees shall receive holiday pay on a pro-rata basis.
Temporary employees do not receive holiday benefits. The following holidays are observed by RCTC (the
actual day of observance may be changed at the discretion of RCTC management):
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C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" +
Indent at: 1"
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C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" +
Indent at: 1"
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A.• New Year’s Day
B.• Dr. Martin Luther King, Jr. Day
C.• Presidents’ Day
D.• Memorial Day
E.• Independence Day
F.• Labor Day
G.• Veterans’ Day
H.• Thanksgiving Day
I.• Day After Thanksgiving Day
J.• Christmas Eve
K.• Christmas Day
L.• New Year’s Eve
M.• Floating Holiday (Executive Director’s discretion)
Holidays that fall on a Saturday shall normally be observed on the preceding Friday. Holidays that fall on
Sunday shall normally be observed on the following Monday. When a fixed holiday falls within a vacation
period, the holiday shall not be charged against the employee's accumulated vacation benefits.
Non-exempt employees required to work on a holiday will receive eight (8) hours of pay plus overtime.
At the Executive Director’s discretion, regular and probationary full-time employees of RCTC shall receive
eight hours of floating holiday on the first pay date of the fiscal year and must be used within the same
fiscal year. Floating holiday leave time may not be carried over to the following fiscal year. New employees
to RCTC shall receive the floating holiday on a pro-rata basis based on the date of hire.
§5.4 Vacation
Regular and probationary employees of RCTC shall be entitled to accrue annual vacation based on the
length of continuous service with RCTC. Employees in part-time positions shall accrue, on a pro-rata basis,
vacation leave for completed pay periods. Such vacation shall be available for use on the first day
following the pay period in which it is accrued.
Each regular and probationary full-time employee will accrue, based on actual hours worked, on a pay
period basis, the pay period equivalent of the applicable annual number of hours of vacation, in
accordance with the employee’s record of continuous years of service, unless a different rate is negotiated
by the employee at the time of hire.
Continuous Years
of RCTC Service
Bi-Weekly
Accrual
Annual
Accrual
Maximum
Accrued Balance
Hire Date to completion of 3rd Year 3.08 hours 80 hours 160 hours
Beginning of 4th Year to completion of 9th Year 4.62 hours 120 hours 240 hours
Beginning of 10th year and forward 6.16 hours 160 hours 320 hours
No full-time employee shall accumulate more vacation than twice the employee’s annual accrual (for
example, a full-time employee who accrues 120 hours per year cannot accumulate more than 240 hours
of vacation). Accrual of vacation will cease once the employee’s accumulated vacation hours equal the
employee’s maximum accumulation limit. Accrual of vacation will not recommence until an employee
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at: 0.75"
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has used some vacation and the accumulated vacation has once again fallen below the maximum
accumulation limit. Regular, part-time employees will accrue vacation on a pro-rated basis.
The Executive Director may approve continued vacation accrual in excess of the maximum accrued
balance in the event that RCTC requires the presence of employees who are in danger of reaching the
maximum accumulation limit. The approval will be contingent upon the employee providing a plan
demonstrating the use of vacation hours after the needs of RCTC have been met.
Temporary employees of RCTC shall not be eligible for vacation benefits.
Vacation may be taken in multiples of one quarter (.25) hour with the approval of the employee’s
immediate supervisor. Supervisors will only approve vacation for such time as will not impair the work
schedule and efficiency of the department. Should employee vacation requests conflict with staffing
requirements, the final determination for vacation approvals will be at the discretion of the First-Line
Supervisor in cooperation with the department head.
§5.5 Vacation Cash Out
Employees who have utilized at least eighty (80) hours vacation during the previous fiscal year shall be
permitted to cash out any accumulated vacation in excess of eighty (80) hours. This limitation on cashing
out vacation is intended to encourage employees to take at least two (2) weeks of vacation per year.
An employee requesting to cash out vacation who has met the requirements of a vacation cash out, must
submit a written memorandum to the Accounting Department indicating the number of vacation hours
for buyout in the next fiscal year. The memorandum must be submitted by March 31.
Accumulated vacation shall be paid upon termination of employment.
§5.6 Administrative Leave
The Executive Director may grant administrative leave to those exempt employees who performed
authorized work in excess of a regular workday or on regularly scheduled days off. Administrative leave
time shall be granted at the beginning of the fiscal year and must be used within the fiscal year.
Administrative leave time may not be carried over to the following fiscal year.
§5.7 Jury Duty Leave
Every regular and probationary employee who is called or required to serve as a trial juror and upon
notification and appropriate verification submitted to their supervisor, shall be entitled to be absent with
pay from their duties with RCTC during the period of such service or while necessarily being present in
court as a result of such call. Employees are expected to report to work during those normal working
hours that the employee is not required to be present as a juror. Employees must submit evidence of jury
duty to their supervisor. Any jury fees, excluding mileage, paid to the employee must be turned in to the
RCTC Accounting Department. A temporary employee shall be entitled to retain jury fees, since they will
not be paid as an employee for time not actually worked.
§5.8 Leave of Absence Without Pay
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The Executive Director, at their discretion, may grant leave of absence without pay.
In requesting leave of absence without pay, the employee must provide a written request specifying the
period of time and reason for the requested leave to the Executive Director. The Executive Director may
grant a leave of absence without pay up to 480 hours (12 weeks). The Executive Committee may, in its
sole discretion, grant a leave of absence without pay of any length. Any leave of absence without pay
shall be for a specified period and appropriate conditions may be imposed, such as requiring the employee
to provide sufficient medical documentation or any other evidence documenting the leave, as required
by the Executive Director and/or the Executive Committee. Under normal circumstances, a personal leave
of absence without pay shall not be granted until after an employee has exhausted all accumulated
vacation.
An employee placed on leave of absence without pay shall not accrue, for the duration of the leave of
absence without pay, credited service for salary review, vacation, and sick leave accrual. Eligibility for
salary review and vacation and sick leave accrual shall be extended by the number of days an employee
has been on leave of absence without pay. Employees placed on leave of absence without pay shall be
responsible for all health insurance premiums, life insurance premiums, short and long-term disability
premiums, and other monthly benefit payments in accordance with the provisions of this Manual.
An employee on leave of absence without pay for illness or disability reasons will be required to present
a return to work order releasing the employee to full duty signed by their attending physician, prior to
being allowed to return to work. A release to return to less than full duty will be allowed only as an
accommodation as required by the Americans with Disabilities Act and the California Fair Employment
and Housing Act. Upon expiration of a leave of absence without pay that is not covered by the FMLA, the
CFRA, or the Pregnancy Disability law, or within a reasonable period of time after notice to return to duty,
the employee may be reinstated in the position held at the time leave was granted. Failure on the part of
an employee on leave of absence without pay to report promptly at its expiration, or within a reasonable
time after notice to return to duty shall be deemed to have resigned RCTC employment by reason of
abandonment. The depositing in the United States mail of a first class letter, postage paid, addressed to
the employee's last known address, shall be reasonable notice.
§5.9 Military Leave
RCTC shall grant military leave to fulfill a military service obligation in accordance with federal and state
laws. Public employees are entitled to receive up to thirty (30) days paid military leave per fiscal year. In
order to be paid for military leave regular, part-time, and contract employees must have one (1) year of
employment with a public agency. The employee’s military service can be counted toward the one (1)
year of public agency service. An employee granted military leave with pay shall receive all benefits
related to employment that are granted when the employee is on pay status.
If the military leave extends beyond thirty (30) days, the employee must submit a request for additional
military leave. A copy of the military orders should be submitted to the First-Line Supervisor. The First-
Line Supervisor shall submit the request and military order to the Human Resources Department for
verification.
Any RCTC employee who has been on a leave of absence for military leave shall have such right to return,
and only such right, as may be required by state and federal law in effect at the time the employee applies
for reinstatement.
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§5.10 Accrued Leave Donation Program
RCTC shall allow regular employees to donate accrued, unused sick leave, vacation, and administrative
balances to other regular and probationary employees who have exhausted all accrued sick leave,
vacation, and administrative balances and who meet the specified criteria.
The program shall permit RCTC regular employees to donate sick leave, vacation, and administrative
balances to fellow regular and probationary employees who have a serious medical hardship, to include
temporary disability resulting from pregnancy, miscarriage, or childbirth, or a catastrophic illness or injury
that poses a threat to life and requires in-patient, hospice, or residential health care. An employee’s need
may arise from their own serious medical hardship or catastrophic illness or from their need to care for a
relative who has a serious medical hardship or catastrophic illness. This program is not intended to cover
an employee that has a common illness or injury.
§5.10.1 Criteria to Receive Accrued Leave Donation
To be eligible, an employee:
A. must have exhausted all forms of paid leave; i.e., sick leave, vacation, and
administrative balances;
B. must suffer from a serious medical hardship or a catastrophic illness or injury that
requires in-patient, hospice, or residential health care; must need to care for a
relative who has a serious medical hardship or catastrophic illness;
C. must complete an application for use of donation leave within five (5) working
days after all paid leave time has been exhausted. In the event the employee is
not capable of doing so, the employee’s First-Line Supervisor may act on their
behalf; and
D. must present a physician’s statement verifying the severity of the serious medical
illness, injury, or condition.
§5.10.2 Donation of Leave
An employee who has unused sick leave, vacation, and administrative hours may donate up to
forty (40) hours per fiscal year to eligible employees. Donations in excess of forty (40) hours
require written approval from the Executive Director. An employee desiring to donate sick leave,
vacation leave, and administrative balances shall complete a Leave Donation Form that specifies
the number of hours to be donated and the name of the employee to whom the hours are to be
donated. All donations of sick leave, vacation leave, and administrative balances shall be
voluntary, and no employee shall coerce, intimidate, threaten, or financially induce another
employee to donate hours. Any donated accrued leave that is not used by the recipient employee
during the occurrence for which it was donated shall be returned to the donor employees on a
prorated basis based on the hours of sick leave, vacation leave, and administrative balances
donated to the recipient employee by all donor employees, and any returned donated accrued
leave shall be reinstated to the appropriate balance of each donor employee.
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§5.10.3 Receipt of Leave
An employee who meets the criteria may receive up to a maximum twelve (12) weeks
(480 hours) donated leave time by submitting the appropriate forms to the Executive
Director. If approved by the Executive Director, employees will be paid at their current
pay rate, not the rate of the donor employee. The employee will not be eligible to
continue to accrue sick leave, vacation leave, and administrative hours. RCTC sponsored
benefits, which include medical, dental, vision, and life insurance, will continue for the
employee until the last working day of the month that the donated leave is available.
If the donated leave is supplementing short-term disability or worker’s compensation
benefits, in no circumstances shall the donated leave result in the employee receiving in
excess of 100 percent of their current salary.
§5.10.4 Denial of Leave
In the event the employee is denied donation leave, the employee may submit a written
appeal to the Executive Director within ten (10) working days of receiving the denial. A
written response to the appeal shall be issued within ten (10) working days from the date
of written request.
SECTION 6 –– PART-TIME AND TEMPORARY EMPLOYEES
§6.1 Regular Part-time Employees
Employees of RCTC designated as regular and probationary part-time employees shall be compensated
on an hourly basis as specified by the position classification in which they are assigned. Such regular and
probationary part-time employees shall accrue holidays, vacation and sick leave, and receive other
benefits as provided in this Manual on a pro-rata basis.
Part-time employees shall receive performance evaluations in accordance with Section 3.11 of this
Manual. Part-time employees shall receive compensation in accordance with Section 3.9 of this Manual.
§6.2 Temporary Employees
Employees of RCTC designated as temporary employees shall be compensated on an hourly basis as
specified at the time of hire. Such employees shall not be eligible for participation in any benefit program
established by RCTC, except as required by state and/or federal law. Such employees shall not be eligible
for merit or other pay increases and will not receive performance evaluations.
Such employment is at-will and may be terminated at any time without cause or prior notice to the
employee and without recourse to the grievance procedure or any other appeal right.
§6.3 Employment of Retired Persons
An employee who is retired under the Public Employees’ Retirement Law (PERL) and who is receiving
retirement benefits shall not be employed or re-employed in any position for compensation without the
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prior written approval of the Manager responsible for Human Resources. Consistent with the
requirements of the PERL regarding the employment of CalPERS retirees without reinstatement, the
retiree may be employed or re-employed.
The Manager responsible for Human Resources may allow the employment or
re-employment for up to 960 hours of actual work within any fiscal year, without loss of benefits as
specified in Section 21224 of the PERL. That section permits the temporary employment only during an
emergency to prevent stoppage of public business, or because the retiree has skills needed in performing
specialized work of limited duration. During the employment or re-employment period, the retiree will
be paid at a rate not less than minimum, nor more than that paid other employees performing comparable
duties.
Under Government Code Section 21221(h), the RCTC Board may make an interim appointment to a vacant
authorized position during recruitment for a permanent appointment if deemed to require specialized
skills or during an emergency to prevent stoppage of public business. These appointments, including any
made pursuant to Section 21224, shall not exceed a total for all employers of 960 hours in any fiscal year
unless otherwise permitted under the terms of Section 21221(h), and shall be limited to a single twelve
(12) month term.
All retired annuitants shall adhere to the PERL, Title 2, Division 5, Part 3. Public Employees’ Retirement
System, Chapter 12, Article 8, Sections 21220 - 21230.
SECTION 7 –– GRIEVANCE PROCEDURE
§7.1 Policy
RCTC has established a grievance procedure. Grievances are defined in Section 1.8 of this Manual. The
following complaints or disputes are not grievable: the content of a performance evaluation; a denial of
a merit pay increase; employee classification; disciplinary action; rejection from probation; and
termination of a temporary, or contract employee.
Employees of RCTC who pursue grievances according to the provisions of RCTC Grievance Policy and
Procedure shall be free from harassment by fellow employees, supervisors, and RCTC administration. The
mere utilization of the grievance process shall in no way affect an employee’s present or future
employment status.
§7.2 Steps in the Grievance Procedure
The steps of the grievance procedure are as follows:
§7.2.1 Step 1 – An employee must discuss a grievance with their First-Line Supervisor, or their
Second-Line Supervisor in the event that the employee's problem is with their First-Line
Supervisor. This discussion must occur within five (5) working days of the occurrence of the event
giving rise to the grievance. The appropriate supervisor will attempt to resolve the matter and
will, within a reasonable period of time, notify the employee of the Step 1 decision;
§7.2.2 Step 2 – If the employee is not satisfied with the Step 1 decision, the employee may,
within five (5) working days of receiving the Step 1 decision, submit the grievance in writing to the
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appropriate Director for review. The written grievance must set forth the specific section of this
Manual that has been violated, must state the facts upon which the grievance is based, must
indicate who has knowledge of the relevant facts, must state that Step 1 of the grievance
procedure has been completed, and must indicate the specific relief the employee is requesting.
The Executive Director, or designee, shall make such investigation of the facts and issues as is
warranted under the circumstances and shall make a determination within five (5) working days
of the timely receipt of the written Step 2 grievance. The written Step 2 decision shall be provided
to the grievant;
§7.2.3 Step 3 – If the employee is not satisfied with the Step 2 decision, the employee may,
within five (5) working days of receiving the Step 2 decision, request that the grievance be
reviewed by the Executive Committee. To request such review, the grievant should submit a
written request for Step 3 review to the Manager responsible for Human Resources; The Executive
Committee, or its designee(s), shall make such investigation of the facts and issues as is warranted
under the circumstances and shall make a determination. The written Step 3 decision shall be
provided to the grievant.
The Step 3 review may involve a meeting between the employee, the Executive Director, and the
Executive Committee, or its designee(s). At such meeting, if any, discussion shall be limited to the
issues raised in the initial written grievance and an earnest effort shall be made to resolve the
problem.
If the parties fail to resolve the grievance, Executive Committee, or its designee(s), shall make a
final and binding determination of the grievance.
§7.2.4 Step 4 – If the employee fails to comply with any time limit specified above, the grievant
shall have accepted the RCTC’s decision on the matter. If RCTC fails to comply with any time limit
specified above, the grievant may move the grievance to the next step in the procedure. The
parties by mutual agreement can extend any time limit set forth in the grievance procedure.
SECTION 8 –– EMPLOYEE CONDUCT AND DISCIPLINE
Employees are encouraged to excel in their work and are prohibited from engaging in any conduct which
could reflect unfavorably upon RCTC. The following standards are intended to govern the actions of all
RCTC employees during their course of employment. Employees who violate these standards shall be
subject to appropriate disciplinary actions (Refer to §8.1, Forms of Discipline)
A. Employees shall abide by and carry out the ordinances, resolutions, policies, procedures, and the
rules and regulations of RCTC.
B. Employees shall always conduct themselves in a manner which reflects credit to RCTC and creates
positive morale among employees.
C. Employees shall operate any equipment safely and utilize safe means of carrying out their duties.
Employees shall follow instructions for all equipment and property.
D. Supervisors shall manage in an effective, considerate, respectful and fair manner.
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E. Subordinates shall follow instructions in a positive, respectful and cooperative manner.
F. Employees shall provide service with courtesy and avoid arguments with the public and other
employees.
§8.1 Forms of Discipline
The Executive Director, with good cause for such action, shall have the right to impose major discipline
and demote, discharge, reduce in pay, or suspend without pay an employee. Minor discipline can be
imposed by First-Line Supervisors in cooperation with the appropriate Director and Manager responsible
for Human Resources.
§8.1.1 Good Cause for Discipline
Any of the following examples of performance or behavior shall constitute good cause for
discipline. This listing is representative only and does not exhaust all possible situations where
disciplinary action may be imposed:
A. Dishonesty;
B. Incompetence;
C. Unsatisfactory performance or negligence in job performance;
D. Insubordination, including actions that involve resistance to, defiance of, or refusal to
carry out a supervisor’s lawful order;
E. Absence without leave;
F. Discourteous treatment of the public or other employees;
G. Falsification of RCTC records and documents including, but not limited to, employment
material.
§8.1.2 Categories of Discipline
Major discipline consists of a suspension without pay of six (6) or more days, demotion, reduction
in pay of one (1) month or more, or discharge. Any other form of discipline is considered to be
minor discipline.
§8.2 Disciplinary Process
§8.2.1 Notice of Proposed Disciplinary Action
Prior to the imposition of disciplinary action, regular employees shall be presented with a written
Notice of Proposed Disciplinary Action informing the employee of their right to a pre-disciplinary
meeting.
A. The Notice of Proposed Disciplinary Action shall include:
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i. A description of the discipline proposed; a statement of the reasons the action
has been proposed, which shall include a brief description of the facts upon which
the proposed action is based and a statement of any rules, regulations, laws, etc.
that were violated. Additionally, if applicable, a list of any previous disciplinary
actions, counseling evaluations or other relevant actions taken against the
employee;
ii. A copy of any documents relied upon in proposing the disciplinary action; and
iii. A statement advising the employee that they have the right to respond to the
Executive Director, or designee, regarding the proposed disciplinary action, orally
or in writing, before a final decision is made on the proposed disciplinary action.
This part of the Notice of Proposed Disciplinary Action shall include the name of
the person to whom the response, if any, can be made. Moreover, the Notice
shall include a statement notifying the employee that he or she has five (5)
working days from the date of receipt of the Notice to respond in writing or meet
with the Executive Director to make an oral response;
Upon a showing of good cause, the Executive Director, or designee, may extend the time
for response;
In responding, either orally or in writing, the employee may designate a representative to
assist in the presentation of the response.
B. Response to Notice
i. In the event that the employee chooses to respond orally, the employee must,
within the period given to respond, make an appointment, and meet with the
Executive Director or designee;
ii. During this meeting the employee, or the employee’s representative, may
present any reasons why the employee feels that the proposed action is not
proper. The Executive Director or designee shall listen to the employee’s
presentation, but shall not present any evidence on behalf of RCTC, nor shall
either party present any witnesses for examination;
iii. A written response must be received in the office of the Executive Director, or
designee, no later than 4:00 p.m. on the due date;
iv. Failure by the employee, or the employee’s representative, to respond to the
Notice of Proposed Disciplinary Action within the period allowed shall forfeit the
right to respond to the Notice of Proposed Disciplinary Action and the proposed
disciplinary action shall take effect as proposed.
C. If a timely oral or written response is received, the Executive Director, or designee, shall
take the employee’s response into consideration and shall make a determination as to
whether or not the proposed disciplinary action, a lesser from of discipline, or no
disciplinary action shall be taken.
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D. After completion of the pre-disciplinary process, the Executive Director, or designee, may
direct that any approved discipline take effect and establish the effective date of such
approved discipline. Such imposition of discipline shall be effected by the preparation of
a Notice of Discipline that informs the employee of the discipline imposed and any appeal
rights applicable to the discipline. The Notice of Discipline should include the reasons for
the discipline imposed and a copy of any documents relied upon in imposing the
discipline.
§8.2.2 No Appeal of Minor Discipline
In the case of minor discipline, no right of appeal is provided.
§8.2.3 Right to Appeal Major Discipline
A. A regular employee shall have the right to appeal a major disciplinary action.
B. Requests for appeal shall be made in writing, signed by the employee and filed with the
Manager responsible for Human Resources within ten (10) working days of receipt of the
Notice of Discipline.
C. Following receipt of a timely appeal of major discipline, the Executive Committee will
determine whether the appeal will be heard by a hearing officer, an Ad Hoc Committee
of the Executive Committee, or by the Executive Committee.
D. The Human Resources Department shall notify the employee and the Executive Director
or other employee from whose action the appeal is being taken of the date, time and
place of the hearing and shall publicly post at such places as the Executive Committee
shall prescribe, a notice of the date, time, and place of the hearing.
E. Hearings shall be closed unless an open hearing is requested by the employee filing the
appeal.
F. Hearings shall be recorded by a court reporter. The court reporter shall prepare a hearing
record.
G. The employee shall appear personally at the hearing and may be represented by counsel
of their choice, at no cost to RCTC. In the event that the employee fails to personally
appear at the hearing, the employee shall forfeit their right to appeal.
H. All witnesses to be heard at the hearing shall testify under oath. The hearing shall not be
conducted according to technical rules relating to evidence and witnesses, except as
hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to relying on in the conduct of serious
affairs, regardless of the existence of any common law or statutory rule that might make
improper the admission of the evidence over objection in civil actions. Hearsay evidence
may be admitted but it may not be the sole basis upon which a finding is made unless it
would be admissible over objection in a civil matter;
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I. Upon conclusion of a hearing not conducted by the Executive Committee, the hearing
officer or the Ad Hoc Committee of the Executive Committee, as applicable, shall cause
findings and recommendations to be prepared in writing and shall certify the same to the
Executive Committee;
J. The Manager responsible for Human Resources shall deliver a certified copy of such
findings and recommendations of the Hearing Officer, or Ad Hoc Committee of the
Executive Committee to the Executive Committee and to any other officer or employee
affected by such findings and recommendations or from whose action the appeal was
taken;
K. After conducting the hearing or after considering the findings, recommendations, and
hearing record of the hearing officer or Ad Hoc Committee, the Executive Committee shall
issue its findings and decision. The Executive Committee may approve, disapprove, or
modify (lesser or greater) the discipline that was imposed by the Executive Director, or
designee. The appeal decision issued by the Executive Committee shall be final.
SECTION 9 –– LAYOFF POLICY AND PROCEDURE
§9.1 Statement of Intent
RCTC recognizes that in some circumstances work force reduction becomes necessary and is unavoidable.
Some of the circumstances may include the following:
• Lack of work;
• Discontinuance of a function;
• Budgetary constraints;
• Reorganization;
• Specific actions approved by the RCTC Board.
§9.2 Guidelines
A. Layoffs of regular full-time and part-time employees shall be based on skill, ability, and
performance history. Where skill, ability, and performance history are substantially
equal, seniority based on date of hire shall determine the order of layoff.
B. No regular employee shall be laid off in any job classification if there are consultants,
probationary, or temporary employees in an active status in the same job classification
within RCTC.
C. The Executive Director shall provide a report to the Executive Committee. The report
shall include:
i. The list of affected employees;
ii. Reasons that positions were deleted or reorganized;
iii. The strategy plan that includes the number of employees who chose to exercise
a layoff option rather than seeking retraining; and
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iv. Confirmation that all reasonable options that would have allowed for the
employee to be retained were explored.
§9.3 Reporting and Communication Requirements
A. When it is determined that positions will be deleted, departmental management
personnel shall, as soon as possible, meet with the employees who may be affected.
Those employees will be advised of the time frame in which their positions will be deleted
or reorganized.
B. At the meeting, the employee(s) shall receive an official written notice of layoff.
C. The meeting and official written notice shall be at least twenty (20) working days prior to
the effective date of the layoff. The official notice shall include:
Reason(s) for the layoff;
i. Effective date of the action;
ii. Option for placement on reinstatement list;
iii. Options to demote or retrain;
iv. Requirement to notify the RCTC of an address change.
§9.4 Reinstatement
Reinstatement is defined as recall by RCTC into a regular position, from the reinstatement list.
A. Regular employees affected by the layoff shall be placed on a reinstatement list for the
class of job from which they were laid off or demoted, or transferred.
B. Any vacancy to be filled shall be offered, in order of seniority, for the classification to be
filled.
C. The employee’s name shall be removed from the reinstatement list, for specific
classification, for any of the following reasons:
i. The expiration of six (6) months from the date of placement on the list;
ii. Failure to contact RCTC within seven (7) days of RCTC’s mailing of a first class
letter notifying the former employee of availability of employment. It is
responsibility of the former employee to notify RCTC of an address change;
iii. Request in writing to be removed from the list.
D. An employee reinstated by the RCTC shall have:
i. Their sick leave credited to their account as of the date of the layoff;
ii. Continue their seniority;
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iii. Credit for all service prior to layoff for the purposes of determining accrual of
vacation leave;
iv. Be placed on the salary range at a step nearest, without exceeding, to their
former or current pay rate, whichever is higher.
E. Outside of the Reinstatement Policy, the RCTC may elect to offer laid off employees, in
order of seniority, a temporary position for not less than thirty (30) days and not more
than 480 hours within a six (6)-month period. If an employee accepts such a temporary
position, it will have no effect on their status on a reinstatement list.
SECTION 10 –– REPORTS AND RECORD KEEPING
§10.1 Personnel Files
The Human Resources Department shall maintain a personnel record for each employee in the service of
RCTC showing the name, title of position held, the department to which assigned, salary, changes in
employment status, and such other information as may be considered pertinent.
§10.2 Change of Status Report
Every appointment, transfer, promotion, demotion, change of salary rate, change of address or any other
temporary or permanent change in status of employees shall be reported to the Human Resources
Department.
§10.3 Personnel Action Form
A Personnel Action Form shall be completed for each employee hired, appointed, promoted, demoted,
transferred, disciplined, and terminated by RCTC. This form shall include all employee information
including benefit selection information. A copy of this form shall be included in the employee's personnel
file. No Personnel Action Form is effective unless it is approved by the Executive Director.
§10.4 Time Cards
All RCTC employees shall be required to complete and sign a time card recording all hours worked,
vacation, sick leave, administrative, jury duty leave, etc. Time cards shall be signed by the employee's
First-Line Supervisor and forwarded to the Payroll Department no later than twelve (12) noon on the next
day following the end of the pay period.
§10.5 Records Review and Access
Access to employee records is restricted to the following:
A. Human Resources Department employees with a business need-to-know;
B. The First-Line Supervisor of an individual employee with a business need-to-know; and
C. The Executive Director with a business need-to-know.
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§10.6 Employee Access
An employee may, in the presence of a Human Resources Department representative, examine their
personnel records periodically. An employee has the right to ask for a correction or a deletion, or write a
statement of disagreement with any item in the file. The employee may not, however, remove any item
from the file.
§10.7 Disclosure of Employee Information
All requests, whether written or oral, for information about a current, retired, or terminated employee
must be referred to the Manager responsible for Human Resources. No one other than the Manager
responsible for Human Resources will respond to any such requests. Information will be given to duly
authorized requests from law enforcement agencies presenting summons, subpoena, and judicial orders.
§10.8 Protection of Confidentiality
Privacy of employee records refers to the collection, use, access, dissemination, retention, and
confidentiality of data maintained on employees. RCTC has a commitment to the privacy of personal
information kept in its personnel records unless disclosure is required by law.
SECTION 11 –– HARASSMENT-FREE WORKPLACE POLICY
§11.1 General Provisions
§ 11.1.1 Purpose
The purpose of this Harassment-Free Workplace Policy (Policy) is to ensure that all employees,
volunteers, and commissioners are aware of their rights and responsibilities with regard to the
prevention of harassment in the workplace, and that the RCTC workplace is free from harassment.
§11.1.2 Violation of Policy
Violation of the provisions of this Policy by an employee may subject the employee to disciplinary
action, up to and including discharge from employment. Violation of the provisions of this Policy
by any person who is not a RCTC employee may subject that person to appropriate administrative
action.
§11.1.3 Distribution of Policy
A copy of this Policy shall be distributed to each employee, volunteer, and commissioner.
§11.2 Harassment-Free Environment
All employees are entitled to a work environment free from harassment. Discriminatory treatment occurs
when an individual uses a protected class as a basis for an adverse employment action or decision.
Behavior constitutes harassment when it is unwelcome and unsolicited, offends or otherwise causes
distress, and is undertaken because of an individual’s protected status.
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Harassment creates a negative atmosphere that reduces work productivity and morale, undermines the
integrity of the workplace, and destroys professionalism. Harassment includes any unwelcome,
unsolicited, and/or unwanted behavior towards coworkers, subordinates, supervisors, or volunteers,
which offends, humiliates, embarrasses, or intimidates because of a person’s race, color, creed, religion,
sex, national origin, age, disability, marital status, ancestry, medical condition (e.g., AIDS/HIV, history of
cancer), pregnancy, and sexual orientation, gender, including gender identity and gender expression, and
genetic characteristics. Examples include the use of derogatory comments, slurs, jokes, pictures,
cartoons, or posters.
§11.2.1 Good Faith Employment Actions
Good faith employment actions do not constitute harassment. Thus, good faith personnel actions
taken by a supervisor or manager, such as offering constructive feedback or criticism, holding
employees accountable, and providing discipline, where appropriate, do not constitute and
should not be mistaken for harassment or retaliation. Such actions are intended to enhance
workplace productivity and/or address work performance, and are within the responsibilities and
obligations of RCTC supervisors and managers.
§11.2.2 Response to Harassment Allegations
RCTC has a prompt response policy on allegations of harassment. Thus, every report of an alleged
incident of harassment in the workplace will be subjected to appropriate investigation. The result
of such investigative action may range from informal counseling to disciplinary action for
employees, up to and including discharge from employment, the first time they engage in such
inappropriate behavior. Prior incidents of harassment may be considered when assessing the
facts and circumstances of a later complaint. The result of such investigation may result in
administrative action affecting a non-employee’s relationship with RCTC.
§11.2.9 Support of Policy
Every employee, volunteer, and commissioner is expected to support and enforce this Policy.
Supervisors and managers who observe or know of a harassing situation, and who fail to take
corrective action, may be disciplined even if the harassment did not take place in their work unit.
§11.3 Sexual Harassment
§11.3.1 Sexual Harassment
Sexual harassment is a particular form of harassment, which is most prevalent in workplaces, that
creates an offensive working environment. Sexual harassment is unprofessional and not
supportive of a high performing work environment. With regard to sexual harassment, as with
other forms of harassment, RCTC has a prompt response policy on all allegations of harassment.
§11.3.2 Sexual Harassment Defined
A. Harassment may consist of offensive verbal, physical, or visual conduct when such
conduct is based on or related to an individual's sex;
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Submission to the offensive conduct is an explicit or implicit term or condition of
employment; and
Submission to or rejection of the offensive conduct forms the basis for an employment
decision affecting the employee; or
The offensive conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creates an intimidating, hostile, or offensive working
environment.
Sexually harassing conduct can occur between people of the same or opposite sex. Sexual
harassment can occur between peers, supervisor to subordinate, subordinate to
supervisor, member of the governing body or the public to employee, and within or across
department lines.
B. Written examples of sexual harassment may include letters, e-mails, notes, and
invitations, which may be perceived as suggestive or obscene.
C. Examples of what may constitute prohibited harassment include, but are not limited to,
the following:
i. Kidding or joking about sex;
ii. Recounting one’s sexual exploits;
iii. Starting or spreading rumors about the sex life of an employee;
iv. Hugs, pats, touching, massaging, and similar physical contact;
v. Assault, impeding or blocking movement, or any physical interference with
normal work or movement;
vi. Revealing parts of the body when such exposure violates common decency;
vii. Sexually suggestive or explicit gestures;
viii. Cartoons, posters, and other materials referring to sex;
ix. Threats intended to induce sexual favors;
x. Continued suggestions or invitations to social events outside the workplace after
being told such suggestions are unwelcome;
xi. Degrading words or offensive terms of a sexual nature; and
xii. Prolonged staring or leering at a person.
§11.3.3 Policy is Broader than Law
Although actions may not rise to the level of a violation of law, they may still violate this Policy.
§11.3.4 Performance Evaluations
Job performance evaluations for supervisors and managers should include a review of their
support of this Policy.
§11.4 Violation Reporting
§11.4.1 Reporting a Violation to RCTC
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Any employee who believes this Policy is being violated should immediately bring the matter to
the attention of any of the individuals or offices listed below:
• Manager responsible for Human Resources
• Deputy Executive Director
• Executive Director
A potential violation involving the Executive Director should be immediately reported to the
Manager responsible for Human Resources or Deputy Executive Director. The Manager
responsible for Human Resources or Deputy Executive Director will immediately consult the
Commission’s Chair.
§11.4.2 Reporting a Violation to External Agencies
In addition to the internal reporting procedure, an employee may file a complaint directly with
the following external agencies:
• State of California Department of Fair Employment and Housing (DFEH) as listed in the
State Government Offices pages of the telephone directory; and
• Federal Equal Employment Opportunity Commission (EEOC) as listed under
“Discrimination” in the United States Government pages of the telephone directory.
§11.4.3 Confidentiality
When responding to a report of a Policy violation, RCTC will make a reasonable effort to protect
the privacy of the individuals involved. However, anonymity and complete confidentiality cannot
be guaranteed once a complaint is made, or when inappropriate behavior is made known. While
an individual’s expressed desire regarding confidentiality will be seriously considered, those
wishes must be weighed against the responsibility of RCTC to investigate possible violations of
this Policy and to take corrective and preventive action where appropriate. Information
pertaining to complaints will be maintained in confidence to the extent permitted by law.
§11.5 Retaliation
§11.5.1 Retaliation Prohibited
Retaliation toward an employee for reporting an alleged violation of this Policy or for participating
in an investigation regarding violations of this Policy is unlawful and will not be tolerated.
Supervisors and managers are reminded that employees have a right and obligation to report what
they believe is a violation of this Policy. Thus, RCTC will not tolerate harassment or retaliation of
employees for fulfilling their obligations under this Policy. Moreover, even subtle retaliation will
not be permitted. Such retaliation may include a change in work assignment or location,
uncharacteristically denying leave requests, uncooperativeness toward the person who is the
object of the retaliation, unsupported discipline, etc.
SECTION 12 –– VIOLENCE IN THE WORKPLACE POLICY
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§12.1 General Provisions
§12.1.1 Purpose
The purpose of this Violence in the Workplace Policy (Policy) is to ensure that all employees,
volunteers, and commissioners are aware of their rights and responsibilities with regard to the
prevention of violence in the workplace, and that the RCTC workplace is free from violence.
§12.1.2 Distribution of Policy
A copy of this Policy shall be distributed to each employee, volunteer, and commissioner.
§12.1.3 Support of Policy
Every employee, volunteer, and commissioner is expected to support and enforce this Policy.
§12.2 Zero Tolerance
§12.2.1 Violence-Free Environment
RCTC is strongly committed to ensuring the safety of all its employees and has adopted a Zero
Tolerance Policy for workplace violence. Consistent with this Policy, threats or acts of physical
violence, including intimidation, harassment and/or coercion that involves or affects RCTC
employees will not be tolerated.
§12.3 Acts or Threats of Violence
§12.3.1 Acts or Threats of Violence Defined
“Threats or acts of violence” include conduct against persons or property that is sufficiently
severe, offensive, or intimidating to alter the employment conditions, or to create a hostile,
abusive, or intimidating work environment for an employee of RCTC. Although RCTC has a strong
commitment to customer service, RCTC does not intend for employees to be subjected to verbal
or physical abuse.
§12.3.2 Prohibited Conduct
General examples of prohibited workplace violence include, but are not limited to:
1.A. Hitting, shoving, or otherwise assaulting an individual;
2.B. Threatening to harm an individual or their family, friends, associates, or their property;
3.C. Possession of firearms, weapons, or any other dangerous devices on RCTC premises or
in RCTC’s owned or operated vehicles;
4.D. Making harassing or threatening telephone calls, letters or other forms of written or
electronic communications;
5.E. Intimidating or attempting to coerce an employee to do wrongful acts that would affect
the business interests of RCTC;
6.F. Harassing surveillance or stalking, which is engaging in a pattern of conduct with the
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intent to follow, alarm, or harass another individual, that presents a credible threat to
the individual and causes that individual to fear for their safety or the safety of their
immediate family; and/or
7.G. Making a suggestion or otherwise intimating that an act to injure persons or
property is appropriate behavior.
§12.4 Reporting Procedure
§12.4.1 Reporting a Violation
An employee who believes that they have been the victim of workplace related violence or a
threat of workplace related violence shall immediately report such to their supervisor or to a
supervisory or management level employee if the immediate supervisor is not available. Any
employee who has knowledge of an incident of workplace related violence or a threat of
workplace related violence must immediately report it to their immediate supervisor or any other
supervisory or management level employee.
Even without an actual threat, employees should report any behavior they have witnessed that
they regard as threatening or violent, when that behavior is job related or might be carried out
on a RCTC controlled site.
§12.4.2 Response to Allegations
Every report of an alleged incident of violence in the workplace will be subject to appropriate
investigation. The result of such investigative action may range from informal counseling to
disciplinary action for employees, up to and including discharge from employment, the first time
they engage in such inappropriate behavior. The result of such investigation may result in
administrative action affecting a non-employee’s relationship with RCTC.
RCTC may also seek a temporary restraining order or injunction on behalf of its employees if the
situation warrants such action.
§12.5 Disciplinary Action
§12.5.1 Violation of Policy
Violation of the provisions of this Policy by an employee may subject the employee to disciplinary
action, up to and including discharge from employment. Violation of the provisions of this Policy
by any person who is not a RCTC employee may subject that person to appropriate legal or
administrative action as appropriate.
§12.6 Retaliation
§12.6.1 Retaliation Prohibited
Retaliation toward an employee for reporting an alleged violation of this Policy, furnishing
information, or for participating in any manner in an investigation regarding violations of this
Policy is prohibited and will not be tolerated.
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§12.7 Training
§12.7.1 Employee Training
All employees shall receive training and instruction via video, written materials, and/or other
means on workplace security practices on a recurring basis both as new hires and during annual
training.
SECTION 13 –– DRUG-FREE WORKPLACE POLICY
§13.1 General Provisions
§13.1.1 Purpose
It is the intent of RCTC to maintain a workplace that is free of drugs and alcohol and to discourage
drug and alcohol abuse by its employees. RCTC 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 RCTC. Employees who are under the influence of a drug or alcohol
on the job compromise RCTC’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, including absenteeism
and tardiness, substandard job performance, increased workloads for co-workers, behavior that
disrupts other employees, delays in the completion of jobs, inferior quality in products or service,
and disruption of customer relations.
To further its interest in avoiding accidents, to promote and maintain safe and efficient working
conditions for its employees, and to protect its business, property, equipment and operations,
the RCTC has established this policy concerning the use of alcohol and drugs. As a condition of
continued employment with RCTC, each employee must abide by this Policy.
The purpose of this Drug-Free Workplace Policy (Policy) is to ensure that all employees, contract
workers, volunteers, and commissioners are aware of their responsibilities with regard to the
prevention of drug and alcohol abuse in the workplace, and that the RCTC workplace is drug-free.
§13.1.2 Distribution of Policy
A copy of this Policy shall be distributed to each employee, volunteer, and commissioner.
§13.1.3 Support of Policy
Every employee, volunteer, and commissioner is expected to support and enforce this Policy.
§13.2 Definitions: For Purposes of this Policy
§13.2.1 Abuse of any Legal Drug
The use of any legal drug: (a) for any purpose other than the purpose for which it was prescribed
or manufactured; or (b) in a quantity, frequency, or manner that is contrary to the instructions or
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recommendations of the prescribing physician or manufacturer.
§13.2.2 Controlled Substance
Any drug that is classified by the Drug Enforcement Administration into the five (5) schedules or
classes on the basis of their potential for abuse. These include, but are not limited to, marijuana,
amphetamines, opiates, phencyclidine (PCP), and cocaine.
§13.2.3 Illegal Drug
A controlled substance; a legal drug that has not been legally obtained; or a legal drug that was
legally obtained, but that is being sold or distributed unlawfully.
§13.2.4 Legal Drug
Any drug, including any prescription drug or over-the-counter drug that has been legally obtained
and this is not unlawfully sold or distributed.
§13.2.5 Possession
An employee who has a prohibited substance on their person or otherwise under their control.
§13.3 Scope
§13.3.1 Scope of Policy
The prohibitions and other provisions of this policy apply whenever the interests of the RCTC may
be adversely affected, including any time the employee is:
A.a. On RCTC premises;
B.b. Conducting or performing RCTC business, regardless of location;
C.c. Operating or responsible for the operation, custody or care of RCTC equipment or other
property; or
D.d. Responsible for the safety of others.
§13.4 Prohibited Conduct
§13.4.1 Alcohol
The following acts are prohibited and subject an employee to discipline, up to and including
discharge from employment:
A. The use, possession, purchase, sale, manufacture, distribution, transportation, or
dispensation of alcohol in circumstances described in Section 13.3.1, Scope; or
B. Being under the influence of alcohol.
§13.4.2 Illegal Drugs
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The following acts are prohibited and subject an employee to discipline, up to and including
discharge from employment:
A. The use, possession, purchase, sale, manufacture, distribution, transportation, or
dispensation of any illegal drug or other controlled substance; or
B. Being under the influence of any illegal drug or other controlled substance.
§13.4.3 Legal Drugs
The following acts are prohibited and subject an employee to discipline, up to and including
discharge from employment:
A. The abuse of any legal drug;
B. The purchase, sale, manufacture, distribution, transportation, dispensation, or
possession of any legal prescription drug in a manner inconsistent with law; or
C. Working while using a legal drug whenever such use might:
i. Endanger the safety of the employee or some other person;
ii. Pose a risk of significant damage to RCTC property or equipment; or
iii. Substantially interfere with the employee’s job performance or the efficient
operation of the RCTC’s business or equipment.
§13.5 Alcohol/Drug Testing
When a supervisor or manager has a reasonable suspicion that an employee is using or is under the
influence of drugs or alcohol in violation of this policy, that employee may be required to submit to a
blood, urine, or other test or examination designed to detect such use. If an employee refuses to consent
and submit to, or fails to otherwise cooperate in, the testing/examination process where job-related drug
or alcohol use is reasonably suspected, the employee will be subject to discipline, up to and including,
discharge.
§13.5.1 Discretion Not to Discharge
The Executive Director may choose not to initiate the disciplinary process for termination for a
first violation of this policy if the employee satisfactorily completes participation in an approved
drug or alcohol assistance or rehabilitation program.
§13.5.2 Last Chance Agreement
RCTC may also allow an employee to enter into a Last Chance Agreement, in lieu of termination,
the terms of which shall be established by the RCTC in its sole discretion. The Last Chance
Agreement may include, but is not limited to the following:
A. An employee must agree to undertake and to complete successfully, a course of
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treatment as deemed appropriate by the substance abuse professional and/or
rehabilitation program counselor. Any employee who fails to successfully complete the
program in a timely manner and/or fails to remain drug free will be terminated in
accordance with the Last Chance Agreement;
B. As part of the terms of the referral, employee agrees that the substance abuse
professional, Employee Assistance Services, or rehabilitation counselor will report to
Human Resources any failure on the part of the employee to cooperate in the
rehabilitation program or to progress through the program; and
C. Nothing in this subsection should be construed to prohibit RCTC from terminating an
employee for their first violation of this Policy, when in the discretion of the Executive
Director, such termination is warranted by the circumstances.
§13.5.3 Criminal Conviction
An employee who is convicted under a criminal drug statute for a violation occurring in the
workplace or during any RCTC related activity or event will be deemed to have violated this policy.
§13.5.4 Effect of Second Violation
If not initiated for a first violation of this policy a second violation of this policy at any time will
result in initiation of the disciplinary process for termination.
§13.6 Disciplinary Action
Disciplinary action will be subject to §8.1.
§13.7 Drug-Free Awareness Program
§13.7.1 Employee Awareness
As required by state and federal law, the RCTC has established a Drug-Free Awareness Policy
designed to inform employees about the dangers of drug abuse in the workplace and to help
assure that employees are familiar with this policy. From time to time, RCTC will provide drug-
free workplace training, including current information about RCTC’s Employee Assistance
Services.
§13.7.2 Management Awareness
Managers and supervisors should be attentive to the performance and conduct of those who work
with them and should not permit an employee to work in an impaired condition or otherwise in
violation of this policy.
§13.7.3 Criminal Convictions
Employees are required by this policy to notify RCTC of any conviction under a criminal drug
statute for a violation occurring in the workplace of during any RCTC related activity or event, not
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later than five (5) days after any such conviction. When required by federal law, RCTC will notify
any federal agency with which it receives funds of any employee who has been convicted under
a criminal drug statute for a violation occurring in the workplace.
§13.8 Use of Legal Drugs
§13.8.1 Prescribed Legal Drug
RCTC recognizes that an employee may, from time to time, be prescribed legal drugs that, when
taken as prescribed or according to the manufacturer’s instructions, may result in their
impairment. Employees may not work while impaired by the use of legal drugs if the impairment
might endanger the employee or someone else, pose a risk of significant damage to RCTC
property, or substantially interfere with the employee’s job performance. If an employee is
impaired by the appropriate use of legal drugs, they may not report to work. To accommodate
the absence, the employee may use accrued sick leave or vacation. Nothing in this Policy is
intended to sanction the use of accrued sick leave or vacation time to accommodate absences
due to the abuse of legal drugs.
§13.9 Unregulated or Unauthorized Conduct
§13.9.1 Customary Use of Over the Counter Drugs
Nothing in this policy is intended to prohibit the customary and ordinary purchase, sale, use,
possession, or dispensation of over the counter drugs, so long as that activity does not violate any
law or result in an employee being impaired by the use of such drugs in violation of this policy.
§13.9.2 Off the Job Conduct
This policy is not intended to regulate off the job conduct, so long as the employee’s off the job
use of alcohol or drugs does not result in the employee being under the influence of or impaired
by the use of alcohol or drugs in violation of this Policy or does not otherwise reflect unfavorably
on RCTC.
§13.10 Confidentiality
§13.10.1 Disclosures to Human Resources
Disclosures made by employees to Human Resources concerning their use of legal drugs will be
treated confidentially and will not be revealed to managers or supervisors unless there is an
important work related reason to do so in order to determine whether it is advisable for the
employee to continue working. Disclosures made by employees to Human Resources concerning
their participation in any drug or alcohol rehabilitation program will be treated confidentially.
§13.11 Counseling/Employee Assistance
§13.11.1 Employee Assistance
RCTC maintains an Employee Assistance Services that provides help to employees who seek
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assistance for drug or alcohol abuse as well as for other personal problems. Employees who
suspect they may have alcohol or drug problems are encouraged to voluntarily seek diagnosis and
to follow through with the treatment as prescribed by qualified professionals. Employees who
seek assistance could still be subject to disciplinary action if policies have been violated.
SECTION 14 –– VEHICLE OPERATION POLICY
§14.1 Policy
During the course of employment with RCTC, employees may be required to operate their personal
vehicles to perform their assigned duties. Designated employees are required to have a valid California
driver's license, a satisfactory driving record, and proof of insurance. No employee shall operate or drive
any motor vehicle on behalf of RCTC unless the employee is licensed for the class of vehicle to be driven
and meets all of the above requirements.
§14.2 Driver's License
Designated employees in positions that might require travel to outside meetings must be able to obtain
and maintain a valid California driver’s license.
§14.3 Driver's Record
All applicants for employment with RCTC, where driving is required, are required to possess a satisfactory
driving record. On an annual basis, RCTC will perform a Department of Motor Vehicle check on employees
that are required to drive to meetings outside of RCTC offices.
§14.4 Prohibition on Use of Phones, Emails, and Text While Driving
As a safety measure, RCTC employees are strictly prohibited from using a phone, or from reading, writing,
or sending an email or text message while driving any vehicle on RCTC business that does not comply with
state law regarding a “hands-free device”.
§14.5 Vehicle Citation
Employees will be held personally responsible and liable for all parking and traffic citations while operating
a RCTC vehicle on RCTC business. Employees shall notify their supervisor within 48 hours of receiving a
parking or traffic citation.
§14.6 Policy for Employer-Provided Vehicles
Certain RCTC employees may be assigned an “employer-owned” vehicle to be used during the term of a
special and/or short term job assignment requiring the employee to commute to an alternate office
location. Such employees shall have the use of the vehicle during regular business hours and may
maintain the vehicle at his or her residence. For purpose of this policy, the term “employer-owned” shall
mean a vehicle that is owned by RCTC or any of its affiliated entities, consultants, partners or contractors.
§14.6.1 Care and Maintenance of Employer-Provided Vehicle
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Employee shall exercise due caution and prudence in the operation of an employer-owned vehicle
to minimize the risk of damage to the vehicle. No individual, other than the employee assigned
to the vehicle, shall operate the vehicle except in the case of an emergency.
Employee shall maintain the vehicle in good operating condition, to follow the servicing and
maintenance requirements in the vehicle's service manual, and to obtain all repairs to the vehicle
as necessary. RCTC shall reimburse employees for the expense and cost of providing all oil, motor
fuel, lubricants, tires, coolant, and other operating supplies necessary for the proper and efficient
operation of the vehicle, all maintenance and repairs including labor and parts required to keep
the vehicle in good operating condition, and all road service or towing due to mechanical or tire
failure. The employee must agree to promptly submit reports of these costs and expenses.
Employee shall also take all necessary precautions to park and lock an RCTC vehicle in a secure
location. Employees who take RCTC vehicles home shall park the vehicle in a garage, carport or
driveway and not on a private or public street if possible. RCTC vehicles may not be parked at or
near bars, casinos, adult entertainment establishments or other locations likely to reflect poorly
on RCTC. Smoking or the use of alcohol or illegal substances is not permitted in employer-owned
vehicles.
§14.6.2 Taxation Requirements of Employer-Provided Vehicle
Under Internal Revenue Code (“IRC”) Section 132, the RCTC prohibits the personal use of the
employer-provided vehicle except for commuting to and from work and “de minimus” personal
use, such as a stop for a personal errand on the way between a business delivery and the
employee’s home. The employee is taxed only on the commuting use at a rate of $1.50 per one-
way commute for all scheduled workdays and on-call situations. Employees who are assigned an
employer-provided vehicle must document scheduled workdays and on-call situations on his/her
timesheet to ensure IRS taxation requirements are documented appropriately. The taxable value
for commuting will be included in the employee’s gross income and reported on the employee’s
W-2 each year.
§14.6.3 Return of the Employer-Provided Vehicle
The employee must immediately return a RCTC vehicle upon his or her termination of
employment, upon the suspension or invalidation of the employee’s driver’s license, or due to
end of project terms in which the employer-provided vehicle is no longer required. The vehicle
must be in the same condition in which it was delivered to the employee, excepting only ordinary
wear and tear.
§14.6.4 Driver's License While Operating an Employer-Provided Vehicle
Designated employees in positions that might require travel to outside meetings or employees
who have been assigned an employer-provided vehicle must have a current and valid California
driver’s license. Such employees are required to immediately notify their supervisor if their
driver’s license is revoked, suspended, restricted or expired.
§14.6.5 Driver's Record While Driving an Employer-Provided Vehicle
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All applicants for employment with RCTC, where driving is required, and any employee assigned
the use of an employer-provided vehicle are required to possess a satisfactory driving record.
§14.6.6 Vehicle Citations While Driving an Employer-Provided Vehicle
Employees will be held personally responsible and liable for all parking and traffic citations while
operating an employer-provided vehicle during the course of RCTC business. Employees shall
notify their supervisor within 48 hours of receiving a parking or traffic citation.
SECTION 15 –– EXPENSE REIMBURSEMENT
RCTC shall reimburse employees of RCTC for travel, lodging, meals, and other expenses directly related to
the conduct of RCTC business. Commissioners are covered under a separate policy in accordance with AB
1234. Consultants are not covered under this policy. Employees are expected to use good judgment in
the expenditure of public funds with which they have been entrusted. Employees must substantiate
expenses with original receipts, unless otherwise noted.
§15.1 Transportation
Transportation costs include, but are not limited to, airplane, train, bus, shuttle, and taxi fares, tolls,
parking, car rental, and pool and personal vehicles. Employees should generally take the most direct and
commonly traveled routes. Other routes may be authorized when official business requires their use. If
an indirect route or stop along the way for personal reasons is taken, the employee will not be reimbursed
for the non-business portion of the expenses. Any additional costs incurred related to changes to travel
for personal reasons, other than illness or family emergency, may be the responsibility of the employee.
Use of internet travel services is discouraged (due to potential cancellation charges or fees) therefore it is
recommended that travel arrangements be made directly with the air carrier, car rental agency, and/or
hotel, except when savings in excess of $150 can be realized and documented when using such travel
service.
A. Air
Air travel shall be at coach accommodations, unless the cost differential between upper class and
coach accommodation is less than $10, or single class service. Selection of carrier, reservations,
and ticketing should be arranged as early as feasible to obtain the greatest discount. Alternative
transportation methods, such as a nearby airport and ground transportation, should be
considered if the total fares are lower. Employees are encouraged to book air travel using the
RCTC Credit Cards maintained by the Executive Director, Chief Financial Officer, or Clerk of the
Board.
If an airplane ticket is not used, RCTC’s appropriate staff shall be notified so that it can be used
for travel purposes by other employees. If an airline ticket exchange or change results in a fare
increase, the documentation for the original fare and the fare increase must be submitted with
the employee’s expense report.
A private vehicle may be used in lieu of air travel if it is more advantageous to RCTC, although
prior approval should be obtained. The employee’s supervisor should consider the additional
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time spent driving prior to granting such approval. However, the total documented mileage and
all other travel expenses incurred cannot exceed the airfare amount that would have been
incurred. RCTC shall only reimburse only the lesser of the two means of travel.
If personal travel is combined with the business-related travel by an employee, documentation of
the normal cost of the business-related travel should be obtained. The employee shall be
reimbursed for only the business-related portion of the travel.
B. Train, Bus, Shuttle, and Taxi Fares
Long-distance train travel arrangements should be made in a fashion similar to that of air travel.
Commuter train travel is encouraged, especially if it is more efficient than pool or personal vehicle
use, and shall be reimbursed at actual costs. Available courtesy shuttle services should be utilized
between airports and meeting locations. Reasonable ground transportation charges (shuttle, taxi,
or bus), including gratuities, for business purposes shall be reimbursed at actual costs.
C. Tolls
Toll charges incurred while traveling on highways and bridges for business purposes shall be
reimbursed at actual costs.
D. Parking
Employees traveling by air and requiring parking at the airport for 24 hours or less shall be
reimbursed at the short-term parking rates. Required parking for more than 24 hours shall be
reimbursed at the long-term rates. Hotel parking fees shall be reimbursed at actual costs,
including gratuities for valet parking. Parking fees at other locations for business purposes shall
be reimbursed at actual costs.
E. Car Rental
Rental cars generally shall not be used except when there is no other economical and convenient
transportation available. When there are multiple attendees, including Legislative Body
Members, at the same meeting or conference, attendees are encouraged to share car rentals to
minimize RCTC’s expense, when feasible. Approval of car rentals shall be approved by the
employee’s supervisor only when reasonable or necessary. Car rental charges shall be limited to
the reasonable cost of non-luxury or specialty vehicles. Fuel charges for car rentals shall be
reimbursed at actual costs.
F. Pool and Personal Vehicles
RCTC pool vehicles may be used for official RCTC business by an employee. Use of such vehicle
by more than one employee on official RCTC business making the same trip is encouraged.
Employees may reserve a pool vehicle in advance through the Outlook calendar reservation
system. Pool vehicles are to be returned to the RCTC parking site at the completion of RCTC
business with no less than a ¼ tank of fuel. Refueling may be done at the county fueling station
using staff employee number for billing to RCTC by county or at commercial fueling station, which
will be reimbursed at actual cost. Pool vehicles may be taken home or parked off site if the
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employee has to attend a meeting for which the employee must leave prior to or return after
normal scheduled business hours. The employee must reimburse RCTC, at the Internal Revenue
Service (IRS) approved mileage reimbursement rate for employee use of private vehicles, for any
miles accumulated using a pool vehicle that exceed the miles necessary for the most direct route
to and from the meeting. Pool vehicle keys shall be returned to the appropriate location upon
completion of the business trip.
Use of a personal vehicle for business purposes, including travel to and from the airport, shall be
reimbursed at the IRS approved mileage reimbursement rate. The mileage claimed shall be from
the employee’s normal work location to the travel destination or from the employee’s home to
the destination, whichever is less. The RCTC office at 4080 Lemon Street is the normal work
location for RCTC employees. For example, an employee residing in Banning who goes directly to
Ontario Airport from home should claim mileage from the RCTC office to the airport, not from
home to the airport. Gas, damages, service or repair to a personal vehicle while being used for
business purposes are not reimbursable, as such costs are included in the IRS mileage
reimbursement rate.
In the event of accident, employees using a personal vehicle for authorized travel in conducting
RCTC business must rely on personal insurance for financial protection. Although RCTC’s interests
are protected by insurance, RCTC may not provide insurance to protect employees against
damage to the employee’s personal automobile or for damage to the property of others or for
death or personal injury to others as a result of an employee using a personal vehicle while
conducting RCTC business.
Employees are encouraged to make optimum use of carpooling or available public transit services
when traveling to the same business event.
§15.2 Lodging
Pre/post-conference or pre/post-meeting lodging is available for regional or national travel requiring
extensive travel time and adjustment. Pre-conference/pre-meeting lodging shall be offered for regional
travel if such conference/meeting starts at or before 9:00 a.m. Lodging for local travel will be permitted
if the length of the conference/meeting is more than one (1) day and the distance are more than 60 miles
from RCTC’s offices or the employee’s residence, whichever is more, or if the employee’s presence is
necessary for business-related activities before or after the regular conference hours.
Lodging in commercial hotels and motels shall be based on standard accommodations at single occupancy
rates. Every effort should be made to obtain the government rate, if available. Additional costs incurred
for additional guest(s) of the employee in the same room shall not be reimbursed. Under no
circumstances should lodging expenses exceed the conference hotel rate. In instances where conference
hotels are filled, the employee should attempt to secure comparable rates at the nearest hotel.
The guarantee of lodging reservations may be made using the RCTC Credit Cards maintained by the
Executive Director, Chief Financial Officer, and the Office and Board Services Manager. A properly
approved Payment Request Form may be submitted for advance payment to the hotel. A close-out folio
copy from the hotel should be provided to the Accounting Department upon return from travel if the
lodging has been prepaid.
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§15.3 Meals
i.A. Travel
Expenses for an employee’s meals, including reasonable tips, shall be reimbursed at a per diem
of $50 per day; however, such per diem may be increased to $60 for certain urbanized areas (e.g.,
New York; Washington, D.C.; San Francisco; and Chicago). Receipts for meals claimed using per
diem rates are not required; receipts for meals claimed using actual, reasonable costs exceeding
per diem rates are required. Reimbursement of costs related to alcoholic beverages is prohibited.
Employees shall receive a reduced per diem if one or more meals are included in the conference
cost or are otherwise covered. The per diem components are as follows:
Breakfast $10
Lunch $15
Dinner $25
When an employee is traveling with other RCTC employees or a Legislative Body Member, the per
diem amount shall be reduced by the cost of the employee’s meal(s) paid for by other RCTC
employees.
Travel generally refers to travel more than 90 miles from the normal work location or the
employee’s home, or includes an overnight stay, or outside normal business hours.
ii.B. Local
Reasonable meal expenses associated with local business meetings, luncheons, or dinners shall
be reimbursed at actual costs not to exceed $50 per day, including gratuities. Reimbursement of
costs related to alcoholic beverages is prohibited. Meal expenses incurred during meetings
should be discouraged, unless it relates to a specific business matter that includes non-RCTC
participants and there is no other convenient time that the meeting participants are available.
Lunch meals are normally the responsibility of each employee, and reimbursement for lunch
meals generally shall not be allowable except when traveling, as defined above, attendance at
locally provided training, or for meetings that meet the criteria discussed above.
C. Specific Documentation Requirements
Requests for meal reimbursements should include the conference attended or meeting business
purpose, date of meal, restaurant name, and itemized receipt of food and beverages to ensure
no alcoholic beverages are being reimbursed, and listing of attendees, if any, and business
relationship. When a per diem is claimed, the conference/meeting purpose and date shall be
provided.
Reimbursements for room service or hotel dining meals shall be made upon presentation of an
itemized receipt. Hotel folio charges for such meals without an itemized receipt are not
acceptable.
§15.4 Communications
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Expenses for telephone and internet connection charges shall be kept to a minimum and shall be
reimbursed for business purposes only. For travel requiring an overnight stay, a telephone charge for one
reasonable-length personal call is permitted. Employees in possession of RCTC-provided communication
devices are encouraged to use such devices as much as possible rather than incurring hotel access and
phone charges.
§15.5 Incidentals
Reasonable miscellaneous gratuities, not otherwise noted previously, shall be reimbursed at an amount
not to exceed $10 per day. Such gratuities related to guest(s) accompanying an employee on business
travel shall not be reimbursed.
Laundry/dry cleaning charges shall not be reimbursed, unless the employee’s travel is more than one (1)
week in duration. Items of a personal nature including, but not limited to, in-room movies, tours and
entertainment, spas and gyms, barber, magazines, shoe shines, travel insurance, purchase of clothing or
toiletries, fines or traffic violations, and excess baggage costs are not eligible for reimbursement.
§15.6 Registration Fees
Whenever possible, registration and payment for registration fees for approved classes, seminars, and
conferences shall be made in advance by submitting a properly approved payment request form.
Frequently, early registration discounts are offered. If a conference needs to be cancelled, such
cancellation shall be made in accordance with stipulated dates in order to avoid cancellation charges or
penalties. When an employee’s registration is late and cannot be paid through the regular accounts
payable process, the cost of registration incurred by the employee shall be reimbursed with an
appropriate receipt.
§15.7 Memberships and Professional Certifications
Employees are encouraged to participate in professional and local organizations and maintain
professional certifications that are related to the employee’s specific job responsibilities. Dues for
individual memberships in organizations and expenses for professional certifications are reimbursable
only when such memberships provide a specific benefit to RCTC and have prior approval of the employee’s
supervisor.
§15.8 Expenditures in Excess of Allowable Expenses
The Executive Director or Deputy Executive Director is authorized to interpret these policies and to
approve exceptional reimbursements in excess of limits and standards established in this policy when, in
the judgment of the Executive Director or Deputy Executive Director, such expenses are warranted.
Expenses in excess of the allowable amounts for meals or lodging may be reimbursed upon presentation
of a memorandum of explanation/justification attached to the expense report. All expenses must be
clearly substantiated prior to reimbursement. Unnecessary or exorbitant expenses will be disallowed.
§15.9 Travel Advance
The Executive Director or Deputy Executive Director may grant a travel advance up to $200 to an
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employee traveling on RCTC business in excess of one (1) day to defray the expenses of such travel only
under extraordinary circumstances. This can be done by completing a Payment Request Form and
obtaining appropriate approvals five (5) days prior to date of business travel. An accounting of actual
expenses incurred, including required receipts, must be provided on an Expense Claim Form, and any
unused amounts shall be returned to the RCTC Accounting Department.
§15.10 Documentation
All expenses for which reimbursement is requested shall be fully documented as to date, amount, and
business purpose. Exclusive of the per diem, receipts are required for all expenses of $25 or more.
Receipts are encouraged for expenses under $25, except for per diem claims and incidentals such as
gratuities. If a receipt is inadvertently lost or not available, the employee should provide a signed
certification statement at the bottom of the Expense Claim Form as follows:
For non-meal expenses: I certify that I have incurred an expense for (describe vendor, date, amount, etc.)
for which a receipt is not available/has been lost.
For meal expenses: I certify that I have incurred a meal expense for (describe restaurant name, date,
amount, and guest(s) in attendance, and business purpose) for which a detailed receipt is not
available/has been lost. The reimbursement amount requested does not include any charges for alcoholic
beverages.
The use of the certification statement for lost or unavailable receipts should not be abused by any
employee, as frequent use of this provision may result in the denial of similar reimbursement requests in
the future.
Expense Claim Forms must be properly completed and approved by a supervisor and include required
documentation and receipts prior to submittal to the RCTC Accounting Department. Employees are
encouraged to submit expense claims on a timely, regular basis. Expense Claim Forms are due by 12:00
p.m. prior to the regular accounts payable check processing day.
§15.11 Payment to Former Employees
Former employees of RCTC may be subpoenaed to testify in litigation matters for projects or activities
that they may have had direct knowledge during their former employment. In such cases, former
employees may be required to attend a deposition or trial, attend pretrial interviews with legal counsel in
preparation of testifying, and review records. RCTC recognizes that a former employee may sustain a
direct loss of income because of time away from work or in preparing to give testimony. Therefore, RCTC
will at the former employee’s request, allow payments for the “reasonable” cost of travel and subsistence
incurred and the reasonable value of time lost in attendance of such a trial, hearing, or proceeding.
The Executive Director will consider the former employee’s out-of-pocket expenses and reasonable loss
of income, years of experience, first-hand experience of the subject matter of the litigation, and the
complex nature of the lawsuit to determine “reasonable” payments.
SECTION 16 –– ELECTRONICS COMMUNICATIONS POLICY
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§16.1 General Provisions
§16.1.1 Purposes and Scope
The purpose of this Electronic Communications Policy (Policy) is to ensure that all employees,
volunteers, interns, and commissioners are aware of the authorized and unauthorized uses of the
RCTC electronic communications resources, as defined herein, as well as disclosure of contents
and records stored on the electronic communications resources.
§16.1.2 Electronic Communications Resources Defined
Electronic communications resources include all equipment and software that retain, transmit,
copy, modify, analyze or process information in any form. Electronic communications resources
include, but are not limited to, the RCTC’s telephone system, voice mail system, servers, desktop
and notebook computers, computer networks, printers, scanners, facsimile (fax) machines,
databases, cellular/smartphones, iPads, internet, , utilities and operating systems and other
electronic communications systems provided by the RCTC.
§16.1.3 Violation of Policy
Violation of the provisions of this Policy by an employee may subject the employee to disciplinary
action, up to and including discharge from employment. Violation of the provisions of this Policy
by any person who is not an RCTC employee may subject that person to appropriate
administrative action.
§16.1.4 Distribution of Policy
A copy of this Policy shall be distributed to each employee and commissioner.
§16.2 Ownership, Authorization and Privacy
§16.2.1 Ownership
E-mail, fax, telephonic voice mail, cellular/smart phones, internal RCTC websites, Internet access,
and other electronic communications systems, resources, and equipment are provided for the
purpose of conducting official business. All electronic communications of any type generated by
employees with RCTC equipment or stored on RCTC equipment are the property of the RCTC and,
therefore, are not considered private. Upon termination of employment, no employee shall
remove any software or data from RCTC-owned or leased computers or servers.
§16.2.2 Authorization
Access to the RCTC’s electronic communication resources is within the sole discretion of the RCTC.
Generally, employees are given access to the RCTC’s various technologies based on their job
functions. Only employees whose job performance will benefit from the use of the electronic
communication resources will be given access to the necessary technology.
§16.2.3 No Expectation of Privacy
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All electronic communication resources remain the property of RCTC and are primarily for official
RCTC use; therefore, employees shall have no expectation of privacy in documents or other
materials they write, receive, store, or send when using these resources. All internal employee
transactions and transactions on the Internet from RCTC equipment, including, but not limited to
e-mail, may be considered public information and records of these transactions may be requested
by anyone at any time, subject to certain Public Records Act exceptions and attorney-client
privilege material.
The RCTC recognizes that there may be incidental occasional personal use of cellular/smart
phones, e-mail, or voice mail, but these messages will be treated the same as other messages.
Since personal messages can be accessed by the RCTC management without prior notice,
employees should not use e-mail or voice mail to transmit messages they do not want read or
listened to by a third party.
§16.3 Disclosure
§16.3.1 Access and Disclosure
RCTC officials reserve the right to access and disclose all products, materials, and contents of the
electronic communications systems and resources for any purpose. Access and disclosure may
occur because of situations indicating impropriety, violation of RCTC policies, legal requirements,
suspected criminal activities, breach of system security, to monitor employee performance, and
conduct or for any other reason RCTC deems appropriate.
§16.4 Prohibited Uses
§16.4.1 Prohibited Uses of Electronic Communications Resources
Prohibited uses of the RCTC’s electronic communications resources include, but are not limited
to the following:
A. Installing programs on the RCTC’s computer system without prior written consent of the
Clerk of the Board;
B. Unauthorized copying of RCTC software programs for personal use. No employee shall
install pirated, personal or non-licensed software, data, entertainment software, music
or games on RCTC-owned or leased PCs, cellular/smartphones, notebooks, or iPads, or
violate any copyright or licensing software laws;
C. Using another employee’s password to attempt to gain access to that employee’s
computer, e-mail, mobile messaging, telephonic voice mail, internet access, or other
electronic communications system or resources without prior consent of their
Department Director or the Clerk of the Board;
D. Connecting computers not owned or leased by the RCTC to RCTC’s information systems
network without the prior written consent of the Clerk of the Board;
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E. Disclosing access codes, login or passwords, or otherwise making the RCTC electronic
resources available to persons not authorized to have such access;
F. Using RCTC’s computer resources for private business or commercial uses not intended
to benefit the RCTC;
G. Violating any federal, state, or local laws in the use of RCTC electronic communications
systems.
H. Using RCTC systems, resources, or equipment to access, look at, store, send, or receive
obscene, pornographic, profane, sexually oriented, threatening, racially offensive or
otherwise discriminatory or illegal matter or material that violates RCTC’s policies
prohibiting sexual and other harassment.
§16.5 Authorized Use of E-mail and Telephone Systems
§16.5.1 Policy for Use of E-mail and Telephone System
It is the policy of RCTC that e-mail systems and equipment will be used primarily for official
business. Personal use shall be limited to those actions authorized herein. E-mail communication
is not private or confidential; therefore, E-mail users shall operate on the assumption that e-mail
may be, in addition to monitoring by RCTC, subject to discovery in a court proceeding.
RCTC does understand that employees occasionally need to use the telephone system to make or
receive personal calls. The employee should attempt to make personal calls during non-working
hours (meal period or breaks) or a time that does not interrupt the flow of work within the
department. Personal phone calls shall not reduce the employee’s job performance. Excessive
use of the RCTC phone system for personal calls is prohibited and may lead to disciplinary action.
Users may use the RCTC’s e-mail and telephone systems for the following incidental and personal
uses so long as such use does not interfere with the user’s duties, does not conflict with RCTC’s
business, is at no cost to RCTC, and does not violate either this or any other RCTC policy:
A. To send and receive occasional personal e-mail and other communications; and
B. To use the telephone system for brief and necessary personal calls, at the caller’s expense
for toll calls.
It is RCTC policy to issue cellular/smartphones to designated employees for business purposes.
The IRS issued Notice 2011-72 stating that cellular phones are no longer considered “listed
property” subject to substantiation requirements for their business use. The IRS has confirmed
that a cellular phone issued to the employee for non-compensatory business use is considered a
“working condition fringe benefit,” the value of which is not taxable to the employee. In addition,
the personal use of the phone is considered a “de minimis fringe benefit”, which is not taxable to
the employee.
The IRS issued separate guidance where employees are required to use their personal cellular
phones for business purposes. In this situation, as long as the reimbursement is reasonably
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calculated to not exceed the actual cost of the cellular phone and is not a substitute for taxable
compensation, the reimbursement is not taxable to the employee.
§16.6 Guidelines for the Use of E-mail
§16.6.1 Use of E-mail
The RCTC provides electronic mail for business purposes as necessary and desirable to meet RCTC
organizational needs and goals. RCTC considers e-mail as an important means of communication
and recognizes the importance of proper e-mail content and timely replies in conveying a
professional image and delivering good customer service. Users should take the same care in
drafting an e-mail as they would for any other communication.
§16.6.2 Prohibited Use
The following unacceptable uses of RCTC’s electronic mail system include, but are not limited to:
A. Sending threatening, abusive, obscene, offensive, lewd, profane, or harassing messages;
B. Sending messages that violate the RCTC’s Sexual Harassment Policy; sending “chain
letters” or similar correspondence;
C. Sending copies of documents in violation of copyright laws; and
D. Any other use that would be deemed inappropriate for a business office.
§16.7 Internet Usage
§16.7.1 Purpose
The purpose of the internet is to distribute information to public constituencies or to research
various RCTC related matters. During business hours, an employee’s internet access is for
business-related purposes. However, employees may use the internet for non-business research
or browsing during meal periods, breaks, or outside of work hours, provided that users adhere to
all RCTC policies. All existing RCTC policies apply to an employee’s conduct on the internet,
including but not limited to those that deal with privacy, misuse of RCTC property, harassment,
and confidentiality.
§16.7.2 Improper Use of the Internet
Listed below are examples of prohibited uses of the RCTC internet system. This list is not
exhaustive and common sense and good judgment should be used in determining whether the
user is engaging in an activity that will violate this policy. If an employee has a question regarding
whether an activity is permitted, they shall get the permission of their Department Director,
Manager, or Supervisor before proceeding with the internet activity.
Examples of Inappropriate/Prohibited Use are:
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A. Generating, sending, requesting, receiving, or archiving material in any form that
contains any comment or image that is discriminatory, offensive, defamatory, or
harassing in nature;
B. Displaying sensitive or offensive material resulting in a perceived “hostile environment”
to coworkers;
C. Conducting personal business from the RCTC’s computers/server, i.e., placing or
advertising items for sale, except in the designated Internet site provided by the RCTC for
this purpose;
D. Conducting illegal activities (e.g. gambling, placing wagers or bets, etc.); and
E. Copyright infringement, unauthorized downloading, or forwarding of protected
information.
§16.8 Security and Audits
§16.8.1 Security Devices
RCTC has installed a variety of programs and devices to ensure the safety and security of RCTC’s
electronic communications resources. Any employee found tampering or disabling any of the
security devices will be subject to disciplinary action, up to and including discharge from
employment.
§16.8.2 Audits
RCTC may perform auditing activities or monitoring to determine compliance with these policies.
Audits of software and data stored on the electronic resources may be conducted without notice
at any time.
§16.9 Social Media Use
The Riverside County Transportation Commission (RCTC) has established its own presence on social media
networks, and encourages responsible use on these outlets that allow nearly instantaneous information
dissemination. Social media sites create organizational transparency by providing a forum for discussion
of relevant issues between RCTC, its employees and external audiences.
Employees are discouraged from using social media in a way that may negatively impact the agency and
the workplace. RCTC’s social media sites shall comply with all appropriate RCTC policies and procedures.
RCTC’s social media sites shall also comply with RCTC’s conflict of interest rules and applicable ethics rules
and policies. Content on RCTC’s social media sites are subject to the California Public Records Act. Any
content maintained in a social media format that is related to RCTC business, including a list of subscribers
and posted communication, are a public record. Wherever possible, such sites shall indicate that any
content posted or submitted for posting, including comments, are subject to public disclosure upon
request. RCTC shall preserve records required to be maintained pursuant to a relevant records retention
schedule for the required retention period on a RCTC service in a format that preserves the integrity of
the original record and is easily accessible.
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The External Affairs Department maintains a social media strategy that directs who is responsible for
creating, reviewing, and approving social media postings. The External Affairs Department approves the
creation and continuance of RCTC-related social media properties designed to reach a primarily external
audience, periodically reviews those properties for strategic value and monitors any improper or illegal
use of social media, and is responsible for official records on RCTC-sponsored social media.
§16.10 Public Records Act Requests
The California Public Records Act (CPRA) states that governmental records shall be disclosed to the public.
As RCTC employees, every record that is created or received is a public record and is eligible for public
disclosure unless a specific statutory exemption permits or requires it to be withheld. This includes all
emails sent from or received by an RCTC email address. All RCTC employees are required to comply with
the CPRA and respond to Public Records Act Requests as necessary and appropriate. In no manner should
documents or records be removed, deleted, or destroyed. The requests may include any and/or all of the
following types of documents:
1.• Letters/Memos
2.• Contracts
3.• Agreements
4.• Emails
5.• Policies/Procedures
6.• Maps/Photos/Illustrations
7.• Phone Records
SECTION 17 –– EMPLOYEE GIFT AND CONTRIBUTION LIMITATIONS
All RCTC employees shall demonstrate, and be dedicated to, the highest ideals of honor and integrity in
all relationships involving their employment. Employees shall conduct themselves in an ethical manner
at all times in order to merit the respect, trust, and confidence of others.
Gifts extended to all employees, such as a basket of fruit, nuts, or candy is not covered under this policy.
In addition, promotional items such as calendars or pens are not covered. Hospitality received by an
employee as part of a seminar, convention, or RCTC sponsored event is not covered, provided that such
hospitality is open to all those attending the event.
The rules set forth herein are supplemental to those set forth in the Political Reform Act of the State of
California (Governmental Code Section 81000 et seq.).
For purposes of this Section, "gift" shall have the same meaning as defined in Section 82028, as amended,
of the California Government Code.
"Gift" means, except as provided below, any payment that confers a personal benefit on the recipient, to
the extent that consideration of equal or greater value is not received and includes a rebate or discount
in the price of anything of value unless the rebate or discount is made in the regular course of business to
members of the public without regard to official status. Any person, other than a defendant in a criminal
action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of
proving that the consideration received is of equal or greater value.
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The term “gift” does not include:
A. Funds, items, or services donated directly to RCTC for which the employee receives no
personal monetary benefit or ownership interest;
B. Informational material such as books, reports, pamphlets, calendars, or periodicals. No
payment for travel or reimbursement for any expenses shall be deemed "informational
material";
C. Gifts which are not used and which, within 30 days after receipt, are either returned to
the donor or delivered to a nonprofit entity exempt from taxation under Section 501(c)(3)
of the Internal Revenue Code without being claimed as a charitable contribution for tax
purposes;
D. Gifts from an employee’s spouse, child, parent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or
the spouse of any such person; unless the donor is acting as an agent or intermediary for
any person not covered by this Subsection;
E. Campaign contributions required to be reported under state law (see section 3.15 Political
Activity);
F. Any devise or inheritance; and
G. Personalized plaques and trophies with an individual value of less than two hundred fifty
dollars ($250).
Violation of this policy may result in discipline up to and including discharge from employment.
SECTION 18 –– FAMILY AND MEDICAL LEAVE POLICY
§18.1 Scope
In accordance with the federal Family and Medical Leave Act (FMLA), and the California Family Rights Act
(CFRA), RCTC has adopted the following policy regarding the rights and responsibilities of employees
absent for a family and medical leave purpose. This policy shall supersede the provisions of any RCTC
policy, practice, rule, or procedure to the extent that such policy, practice, rule, or procedure is in conflict
or inconsistent with this policy.
§18.2 Purpose of Leave
In accordance with the CFRA, FMLA, and this policy, RCTC shall provide up to twelve (12) workweeks of
CFRA and/or FMLA leave in a twelve (12) month period to any eligible employee who requests leave for
any of the following purposes:
A. The birth or adoption of a child by the employee or placement of a child in foster care
with the employee (all family and medical leave taken for one of these purposes must be
concluded within one (1) year of the event);
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B. To care for a child, parent, or spouse of the employee who has a serious health condition.
Under CFRA, an employee may also use leave to care for a registered domestic partner
who has a serious health condition; or
C. For an employee’s own serious health condition that makes the employee unable to
perform the essential functions of the employee’s position.
D. Military Family Leave Entitlements (FMLA only):
i. Exigency leave: Eligible employees with a spouse, son, daughter, or parent on
covered active duty (or who has been called or ordered to covered active duty) in
the Armed Forces may use their FMLA leave entitlement of up to twelve (12)
workweeks during the applicable twelve (12) week period to address qualifying
exigencies. Qualifying exigencies may include activities such as attending certain
military events, arranging for alternative childcare, addressing certain financial
and legal arrangements, attending certain counseling sessions, and attending
post-deployment reintegration briefings.
ii. Military caregiver leave: Eligible employees may take up to
twenty-six (26) workweeks of FMLA leave in a single month period to care for a
“covered service member,” if the employee is the spouse, son, daughter, parent,
or next of kin of the covered service member.
See the Human Resources Department for more details concerning FMLA Military Leave entitlements.
§18.3 Eligibility
Employees are eligible for family and medical leave if, at the time leave commences, all of the following
apply:
A. The employee must have at least twelve (12) months (not necessarily consecutive
months) of service with RCTC; and
B. The employee must have worked at least 1,250 hours for RCTC during the twelve (12)
months immediately prior to the period of FMLA and/or CFRA leave.
§18.4 Special Rules for Pregnancy Disability Leave
A. The right to take CFRA leave is separate and distinct from the right to take a pregnancy
disability leave. In other words, leave taken by an employee disabled by pregnancy,
childbirth, or related medical conditions is not family and medical leave under the CFRA,
even though it may be FMLA leave.
B. In light of the above, RCTC may require that pregnancy disability and FMLA leave run
concurrently (hereinafter “pregnancy disability/FMLA leave”), but CFRA leave does not
run concurrently with a pregnancy disability leave. This means that, at the end of the
employee’s period(s) of pregnancy disability and/or pregnancy disability/FMLA leave,
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whichever occurs first, a CFRA-eligible employee may take up to twelve (12) workweeks
of CFRA leave due to the birth of her child or for other family and medical leave purposes.
i. Where an employee has exhausted her entitlement to pregnancy disability/FMLA
leave prior to the birth of her child, and her health care provider certifies that
continued leave is medically necessary, RCTC may, but is not required to, allow
the employee to utilize CFRA leave prior to the birth of her child.
ii. The maximum combined leave entitlement for pregnancy disability, FMLA, and
CFRA leave for the birth of a child is four (4) months and twelve (12) workweeks.
This assumes that the employee exhausted all four (4) months of pregnancy
disability leave; she exhausted her entitlement to up to twelve (12) weeks of
FMLA leave during the period of pregnancy disability leave; and the employee
requested and was eligible for a twelve (12) week CFRA leave following the birth
of her child.
C. For more information regarding your rights to pregnancy disability leave, see RCTC’s
pregnancy disability leave policy and/or contact the Human Resources Department.
§18.5 Special Rules Regarding the Employment of Spouses/Parents
A. Where CFRA and FMLA leave are running concurrently, and both the husband and wife
are employed by RCTC, their combined entitlement to CFRA/FMLA leave for the birth or
adoption of a child by the employees or placement of a child in foster care with the
employees shall be limited to twelve (12) workweeks in a twelve (12) month period
between the husband and the wife.
B. Where CFRA leave is running separate and apart from FMLA leave (such as following a
pregnancy disability/FMLA leave), and both parents are employed by RCTC, their
combined entitlement to CFRA leave for the birth, adoption, or foster care placement of
their child shall be limited to twelve (12) workweeks in a twelve (12) month period
between the two parents. This provision applies to the parents of the child, regardless of
their marital status.
C. The provisions above do not affect the employees’ right to use any remaining CFRA and/or
FMLA leave for any other qualifying purpose(s).
§18.6 Calculating the Twelve (12) Month Period
For the purpose of this policy, “twelve (12) month period” shall mean a twelve (12) month period
measured forward from the date the employee first uses family and medical leave.
§18.7 Employee Notice Requirements
A. The employee, or a spokesperson for the employee (e.g., spouse, adult family member,
or other responsible party), must notify the employee’s supervisor or the Human
Resources Department, preferably in writing, as soon as it becomes apparent that the
employee will be needing leave for a family and medical leave purpose.
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B. Employees must provide at least thirty (30) calendar days advance notice before leave is
to begin if the need for leave is foreseeable, or notice as soon as possible for
unforeseeable events.
C. The employee must consult with their supervisor and must make a reasonable effort to
schedule any planned medical treatment or supervision so as to minimize disruption of
RCTC operations. Actual scheduling is, however, subject to the approval of the patient’s
health care provider.
D. Failure to comply with these notice requirements is grounds for, and may result in,
deferral of the requested leave until the employee complies with these provisions.
However, RCTC will not deny a leave, the need for which is an emergency or is otherwise
unforeseeable, on the basis that the employee did not provide advance notice of the need
for the leave.
E. Where leave is requested on the basis of a serious health condition affecting an
employee’s family member, RCTC may require evidence of the family relationship.
§18.8 RCTC Determination and Notification to Employee
A. RCTC shall designate leave, paid or unpaid, as CFRA or CFRA/FMLA leave based on
information provided by the employee or the employee’s representative.
B. In the event that RCTC determines that a leave of absence is for a FMLA family and
medical leave purpose, RCTC shall, within two (2) business days, notify the employee of
its determination that the leave constitutes FMLA and/or CFRA leave. Such notice may
be oral or in writing. However, any oral notice shall be confirmed in writing by no later
than the employee’s next payday (the subsequent payday where the next payday is less
than a week away).
C. Where CFRA leave is running separate and apart from FMLA leave, such as following a
pregnancy disability/FMLA leave, RCTC shall respond to the leave request as soon as
possible and, in any event, no later than ten (10) calendar days after receiving the request.
Once given, approval of CFRA leave shall be deemed retroactive to the first day of the
leave.
D. RCTC’s written notice to the employee shall, among other things:
i. Specify the obligations of the employee while on family and medical leave and
explain the consequences of a failure to meet these obligations;
ii. Provide notice to the employee in the event that a period of paid leave is to be
counted as family and medical leave;
iii. Provide notice to the employee in the event that RCTC requires paid leave to be
substituted for unpaid leave.
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E. Where the employee fails to provide sufficient information until after the leave
commenced, RCTC may make a preliminary determination that the employee’s absence
is for a family and medical leave purpose, subject to later confirmation by medical
certification.
If either RCTC or the employee designates an absence as family and medical leave after
the leave of absence has begun, such as when an employee advises RCTC during the leave
of absence or after their return to work that the entire leave of absence or any part of it
was for a family and medical leave purpose, that portion of the leave period which was
for a family and medical leave purpose may be retroactively counted as family and
medical leave.
F. If the employee fails to advise RCTC that a leave of absence was for a family and medical
leave purpose either, before, during, or within two (2) days after they return to work, the
employee will not be able to assert the protections of the family and medical leave laws
for the leave of absence.
G. Any dispute between RCTC and an employee as to whether paid leave qualifies as family
and medical leave should be resolved through discussions between the employee and
RCTC.
§18.9 Medical Certification
A. An employee’s request for leave due to a serious health condition affecting the employee
or the employee’s child, parent, spouse, or registered domestic partner must be
supported by a medical certification issued by the health care provider of the individual
requiring care.
i. For leave to care for the employee’s child, parent, spouse, registered domestic
partner, this certification need not identify the serious health condition involved,
but shall contain:
a.
b. date, if known, on which the serious health condition commenced;
c. The probable duration of the condition;
d. An estimate of the amount of time which the health care provider
believes the employee needs to care for the child, parent, spouse, or
registered domestic partner; and
e. A statement that the serious health condition warrants the participation
of the employee to provide care during a period of treatment or
supervision of the child, parent, spouse, or registered domestic partner.
ii. For leave to care for the employee’s own serious health condition, this
certification need not, but may, at the employee’s option, identify the serious
health condition involved. It shall contain:
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a. The date, if known, on which the serious health condition commenced;
b. The probable duration of the condition; and
c. A statement that, due to the serious health condition, the employee is
unable to work at all or is unable to perform any one or more of the
essential functions of their position.
B. Medical certification is not required where leave is requested for the birth, adoption, or
placement of a child in foster care with the employee.
C. Medical certification must be provided within fifteen (15) calendar days of RCTC’s request
and generally prior to the commencement of a foreseeable leave of absence, unless it is
not practicable to do so despite the employee’s diligent, good faith efforts to do so.
D. With regard to leave due to the employee’s own serious health condition:
i. Where RCTC has reason to doubt the validity of the employee’s medical
certification, RCTC may require, at RCTC’s expense, that the employee obtain a
second medical opinion from a health care provider designated by RCTC and who
is not regularly used by RCTC for this purpose; and
ii. Where the second opinion differs from the first, RCTC may require that the
employee obtain a third and binding medical opinion, again at RCTC’s expense,
from a health care provider designated or approved jointly by RCTC and the
employee.
E. RCTC may require recertification only where additional leave is requested.
F. RCTC may also require certification at the time the employee seeks reinstatement from
family leave due to the employee’s own serious health condition that the employee is fit
for duty and able to return to work.
§18.10 Minimum Period of Leave
A. Leave may be taken in one (1) or more periods and does not have to cover a continuous
period of time.
B. Where leave is taken due to the serious health condition of the employee or their parent,
child or spouse, the minimum leave increment shall be the shortest period of time RCTC’s
payroll system uses to account for absences or use of leave.
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Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 +
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iii.C. Where CFRA leave is running separate and apart from FMLA leave (such as CFRA leave
following pregnancy disability/FMLA leave), the minimum duration for leave taken in
connection with the birth, adoption, or foster care placement of a child is two (2) weeks,
except that the RCTC shall grant a request for CFRA leave of less than two (2) weeks on any
two (2) occasions during the one (1) year period following the birth or placement of the child
with the employee.
§18.11 Intermittent Leave and Temporary Transfers
A. Employees may take intermittent leave or leave on a reduced schedule due to a serious
health condition of the employee, or the employee’s child, parent, spouse, or registered
domestic partner, whenever medically necessary.
B. If an employee requests intermittent leave, RCTC may require a temporary transfer to an
“alternative position” for which the employee is qualified, and which:
i. Provides equivalent pay and benefits; and
ii. Better accommodates recurring periods of leave.
C. Transfer to an alternative position may include altering an existing job to better
accommodate the employee’s need for intermittent leave or a reduced work schedule.
§18.12 Continuation of Health and Other Benefits
A. RCTC will continue group health care benefits during the period of leave, up to a
maximum of twelve (12) workweeks in any twelve (12) month period, on the same terms
and conditions as applied prior to the commencement of family and medical leave. For
the purposes of continued group health coverage, the twelve (12) weeks commences on
the first day of pregnancy disability, CFRA, or FMLA, whichever occurs first.
B. During any period of leave which is unpaid, RCTC may discontinue payments made on
behalf of the employee to a non-group health plan, employee retirement plan or other
benefit plan, and the leave period shall not be counted for purposes of time accrued
under a retirement plan.
C. In the event that the employee is responsible for any portion of the group health
insurance premium or for any other premium payment(s), the employee should, prior to
the commencement of leave, make arrangements with the Human Resources
Department for the submission of such payments.
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D. If the employee fails to return after the period of leave has expired, RCTC may be entitled
to reimbursement for any benefit premiums paid by RCTC during a period of unpaid family
and medical leave, unless:
i. The reason for the employee’s failure to return is due to the continuation,
recurrence or onset of a serious health condition of the employee or the
employee’s child, spouse, parent, or registered domestic partner;
ii. Other circumstances beyond the control of the employee as set forth in
applicable law and regulations.
E. Employees who are not eligible for continued paid coverage or whose entitlement to
continued paid coverage has expired may continue their group health insurance coverage
through RCTC pursuant to federal and state COBRA guidelines.
§18.13 Coordination of CFRA and FMLA Leave
Each day of leave for a family and medical leave purpose, other than disability due to pregnancy,
childbirth, or related medical conditions, counts as a day of FMLA and CFRA leave.
§18.14 Substitution of Leave
A. RCTC requires that sick leave be used to provide pay during any period of otherwise
unpaid family and medical leave due to the employee’s own serious health condition. Sick
leave may also be used in connection with family and medical leave taken for other
purposes in accordance with applicable RCTC policies and upon the mutual agreement of
RCTC and the employee.
B. An employee may elect to use any accrued vacation time or other paid accrued time off,
other than accrued sick leave, that the employee is otherwise eligible to take during the
otherwise unpaid portion of the FMLA/CFRA leave.
C. CFRA and FMLA leave may also run concurrently with a leave of absence covered by
workers’ compensation or temporary disability and an eligible employee may coordinate
the use of sick leave and/or vacation to supplement workers’ compensation or temporary
disability insurance payments.
§18.15 Reinstatement
Where a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee
will be reinstated to the same or a comparable position by the date agreed upon.
If the reinstatement date differs from RCTC’s and employee’s original agreement, the employee will be
reinstated to the same or a comparable position within two (2) business days, where feasible, after the
employee notifies RCTC of their readiness to return.
The employee’s use of family and medical leave may not result in the loss of any employment benefit that
the employee earned or was entitled to before going on family and medical leave. Upon reinstatement,
all employee benefits will be resumed without any new qualification period, physical examination or
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exclusion of preexisting conditions.
§18.16 Denial of Reinstatement
An employee has no greater right to reinstatement or to other benefits and conditions of employment
than if the employee had been continuously employed during family and medical leave. Thus, for
example, if an employee is laid off while on family and medical leave, RCTC’s responsibility to maintain
group health plan benefits and reinstate the employee ceases at the time the employee is laid off.
A. RCTC may also deny reinstatement to:
i. An employee who gives notice that he or she no longer desires to return to
employment with RCTC;
ii. An employee who fails to provide certification that he or she is fit for duty and
able to return to work after taking family and medical leave based on the
employee’s own serious health condition; or
iii. A salaried “key employee” who is among the highest-paid 10percent of
employees employed within 75 road miles of the employee’s worksite, if:
a. It is necessary to prevent substantial grievous economic injury to the
operations of RCTC;
b. Notice is given to the employee at the time of the leave request that RCTC
cannot deny the leave request, but that RCTC intends to deny
reinstatement, and
c. The employee is given a reasonable opportunity to return to employment
after receiving such notice, but elects not to return; or
d. After the leave expires, the employee requests reinstatement, and RCTC
makes a determination at the time of the reinstatement request and
notifies the employee of its determination that reinstatement would
cause substantial grievous economic injury to the operations of RCTC.
§18.17 Benefits Accrual
Employees on family and medical leave will not continue to accrue vacation, sick leave, or other seniority
based benefits during unpaid family and medical leave.
§18.18 Additional Information
Should you have any questions about your rights and responsibilities in connection with family and
medical leave, contact the Human Resources Department.
SECTION 19 –– PREGNANCY DISABILITY LEAVE POLICY
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§19.1 Eligibility
In accordance with applicable law and this policy, female employees are eligible for a leave of absence
and/or transfer on account of pregnancy, regardless of length of service with RCTC.
§19.2 Pregnancy Disability Leave
A. A woman is “disabled by pregnancy” if, in the opinion of her health care provider, she is
unable to work at all or is unable to perform one (1) or more of the essential functions of
her job or to perform these without undue risk to herself, to the successful completion of
her pregnancy, or to other persons.
B. Pregnancy disability leave is for any period(s) of actual disability caused by pregnancy,
childbirth, or related medical conditions. Where medically advisable, pregnancy disability
leave may be taken for a reasonable period of time, up to four (4) months per pregnancy
(eighty-eight (88) workdays for a full-time employee). Employees who regularly work
more or less than a forty (40) hour workweek are entitled to such leave on a pro rata
basis.
§19.3 Leave Due to Normal Childbirth
Even if the employee is not disabled by pregnancy, childbirth or related medical conditions, a pregnant
employee is entitled to up to six (6) weeks of leave for normal childbirth. Employees working more or less
than a forty (40) hour workweek are entitled to such leave on a pro rata basis.
§19.4 Leave/Transfer and Other Reasonable Accommodation Requests
A. Pregnant employees should notify the Human Resources Department as soon as possible
regarding their intent/need to take a leave of absence or to transfer due to pregnancy,
childbirth, or related medical conditions. Such notice should specify the anticipated
timing and duration of the leave or transfer.
B. Where the need for a leave of absence or transfer is foreseeable, employees must provide
such notice at least thirty (30) days prior to the date the leave or transfer is to begin.
Further, employees must consult with the Human Resources Department regarding the
scheduling of any planned medical treatment or supervision so as to minimize any
disruption to RCTC’s operations. Actual scheduling of the leave/transfer is subject to the
approval of the employee’s health care provider.
D. Where thirty (30) days advance notice is not possible, notice must be given as soon as
possible. However, RCTC will not deny a pregnancy disability leave or transfer where the
need for leave is an emergency or was otherwise unforeseeable.
E. RCTC shall respond to the leave or transfer request as soon as practicable and, in any
event, no later than ten (10) calendar days after receiving the request. RCTC shall attempt
to respond to the leave request before the date the leave is due to begin. Once given,
approval shall be deemed retroactive to the date of the first day of the leave.
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F. Reasonable accommodation other than leave or transfer will be granted upon request.
Such requests must be supported by a written certification from the employee’s health
care provider.
§19.5 Intermittent Leave
Pregnancy disability leave need not be taken in one (1) continuous block. It may be taken on an as-needed
basis, intermittently or on a reduced work schedule.
A. If it is medically advisable and foreseeable that an employee will be taking intermittent
leave or leave on a reduced work schedule, RCTC may require that the employee transfer
temporarily to an available alternative position.
B. An “alternative position” is one that provides pay and benefits equivalent to those of the
employee’s regular position and better accommodates recurring periods of leave than
the employee’s regular job. It does not have to have equivalent duties. However, the
employee must be qualified for the position.
C. Transfer to an alternative position may include altering an existing job to better
accommodate the employee’s need for intermittent leave or a reduced work schedule.
§19.6 Temporary Transfers
A. An employee may request a temporary transfer to a position with less strenuous or less
hazardous duties when the employee’s health care provider certifies that such a transfer
is medically advisable.
B. Temporary transfers will be granted where appropriate and when RCTC is able to
reasonably accommodate the transfer, provided that the transfer would not require RCTC
to:
i. Create additional employment;
ii. Discharge another employee;
iii. Transfer a more senior employee in order to make room for the pregnant
employee’s transfer; or
iv. Promote or transfer the employee or any other employee to a position for which
they are not qualified.
§19.7 Certifications
A. As a condition of taking a pregnancy disability leave or transfer, the employee must
provide medical certification from her health care provider that she is disabled due to
pregnancy, childbirth or related medical conditions and/or that a transfer to an
alternative position is medically advisable.
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Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 +
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B. The medical certification should include:
i. The date on which the employee become disabled due to pregnancy or the date
of the medical advisability for the transfer;
ii. The probable duration of the period(s) of disability or the period(s) for the
advisability of the transfer; and
iii. A statement that, due to the disability, the employee is unable to work at all or
to perform any one or more of the essential functions of her position without
undue risk to herself, to the successful completion of her pregnancy, or to other
persons or a statement that, due to pregnancy, the transfer is medically
advisable.
§19.8 Recertification
Recertification may be required where additional time is requested.
§19.9 Fitness for Duty
The employee must provide certification from her health care provider of her fitness for duty prior to
being reinstated.
§19.10 Pay During Leave
A. Pregnancy disability leave is unpaid leave. However, the employee may request or RCTC
may require that the employee use accrued sick leave to provide pay during the period of
leave.
B. An employee may also elect, at her option, to use accrued vacation or other accrued paid
time off, if any, to provide pay during pregnancy disability leave.
The employee may also be eligible to receive temporary disability insurance payments
during her pregnancy disability leave, and to coordinate the use of any accrued sick leave
and/or vacation to supplement temporary disability insurance payments.
§19.11 Reinstatement
A. The employee is entitled to be reinstated to the same or a comparable position upon
release to return to work by her health care provider.
i. Where a definite date of reinstatement has been agreed upon at the beginning
of the leave, the employee will be reinstated by the date agreed upon, provided
that the employee has provided medical certification of her fitness for duty.
ii. If the actual reinstatement date differs from the original agreement, the
employee will be reinstated within two (2) business days, where feasible, after
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the employee notifies RCTC of her readiness to return and provides medical
certification of her fitness for duty.
iii. Failure to return to work, without good cause, on the next work day following the
expiration of pregnancy disability leave may be grounds for termination of
employment.
B. The employee is not, however, entitled to any greater right of reinstatement than she
would have had if she had not taken leave. Thus, reinstatement to the “same position”
may be denied if:
i. For legitimate business reasons unrelated to the employee having taken a
pregnancy disability leave or transfer, the employee would not otherwise have
been employed in her same position at the time reinstatement is requested; or
ii. Each means of preserving the job or duties for the employee, such as leaving it
unfilled or filling it with a temporary employee, would substantially undermine
RCTC’s ability to operate safely and efficiently.
C. Also, the employee has no greater right to reinstatement to a “comparable position” or
to other benefits and conditions of employment than an employee who has been
continuously employed. Thus, reinstatement to a comparable position may be denied if:
A.i. There is no comparable position open on the employee’s scheduled date of
reinstatement or within ten (10) working days thereafter; or the pregnancy
disability leave does not qualify as leave pursuant to the federal FMLA and a
comparable position is available, but filling the available position with the
returning employee would substantially undermine RCTC’s ability to operate
safely and efficiently.
D. In the event that the employee takes family and medical leave under the CFRA following
her pregnancy disability leave for the birth of her child, the employee’s right to
reinstatement shall be governed by the CFRA and RCTC’s Family and Medical Leave Policy
rather than these provisions.
§19.12 Seniority and Benefits
14.A. In general, employees taking pregnancy disability leave will be treated the same as other
similarly situated employees taking disability leave.
15.B. The employee returning from a pregnancy disability leave shall return with no less
seniority than she had when the leave commenced for purposes of layoff, recall,
promotion, job assignment, and seniority-related benefits such as vacation.
16.C. The employee shall retain employee status during the period of leave, and the leave shall
not constitute a break in service for purposes of longevity and/or seniority.
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§19.13 Federal Family and Medical Leave
In accordance with the FMLA, RCTC shall count each day of pregnancy disability leave against an eligible
employee’s entitlement to up to twelve (12) weeks of federal family and medical leave under the FMLA.
§19.14 Group Health Insurance
Pursuant to the Pregnancy Disability Leave law, where an eligible employee is on pregnancy
disability/FMLA leave, RCTC will continue the employee’s group health insurance coverage for up to a
maximum of four (4) months under the same terms and conditions as applied prior to the leave of
absence.
A. In the event that the employee fails to return from leave, RCTC may recover premiums it
paid to maintain group health insurance coverage. (For details, see RCTC’s Family and
Medical Leave Policy, Section 18.)
B. If the employee is not eligible for continued paid coverage or if coverage ceases after four
(4) months, the employee may continue group health insurance coverage pursuant to
federal and state COBRA guidelines.
§19.15 California Family and Medical Leave
The right to take a pregnancy disability is separate and distinct from the right to take family and medical
leave under the CFRA. Thus, at the end of the employee’s period(s) of pregnancy disability, or at the end
of four (4) months pregnancy disability leave, whichever occurs first, an eligible employee may request to
take up to twelve (12) workweeks of CFRA leave in accordance with RCTC’s family and medical leave
policy.
A. There is no requirement that either the employee or her child have a serious health
condition or that the employee no longer be disabled by her pregnancy before taking
CFRA leave for the birth of a child.
B. Where the employee has used all four (4) months of her pregnancy disability leave prior
to the birth of her child, and her health care provider determines that a continuation of
the leave is medically necessary, RCTC may, but is not required to, allow the use of CFRA
leave prior to the birth of a child.
C. The maximum possible combined leave for pregnancy disability/FMLA and CFRA leave
due to the birth of a child is four (4) months and twelve (12) workweeks.
D. CFRA leave taken due to the birth of the employee’s child must be concluded within one
(1) year of the child’s birth. The basic minimum duration of such leave shall be two (2)
weeks, except that RCTC will grant a CFRA leave of less than two (2) weeks’ duration on
any two (2) occasions within one (1) year of the child’s birth.
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SECTION 20- ELECTIONS AND CAMPAIGNS
§20.1 Purpose.
a) Government Code section 3207 expressly allows local agencies, such as the RCTC, to establish
rules and regulations that prohibit or restrict employees from engaging in political or election
activities during work hours or on the premises of RCTC. Based on the provisions of Government
Code section 3207, RCTC establishes the guidelines herein to avoid any appearance of improper
use of public funds.
b) The purpose of this Election and Campaign-related Policy for RCTC Employees (“Policy”) is to
establish written regulations to prohibit RCTC employees from advocating for a position or
candidate during working hours and to ensure compliance with laws and regulations that limit or
restrict election and campaign related activity by public agencies.
c) As a general guiding principle, State law prohibits the use of “public resources” for campaign-
related purposes. “Public resources” are broadly defined to include any property or asset owned
by the RCTC including, but not limited to, land, buildings, facilities, funds, equipment, supplies,
telephones, computers, vehicles, travel, and RCTC compensated time.
d) This Policy and the rules articulated below do not cover every circumstance or scenario that an
RCTC employee may encounter while involved in the election process. Should an employee have
specific issues or questions not covered in these rules, he or she should to contact their supervisor
or RCTC General Counsel.
§20.2 Political Activities During RCTC Work Hours.
a) RCTC employees may not engage in political activities during work hours (while “on duty”).1 (Gov.
Code § 3207.) Prohibited political activities during work hours include, but are not limited to, the
following:
a. Distributing Campaign or Political Materials. RCTC employees may not distribute political
pamphlets, flyers, or other materials, post signs or political social media posts, or send
political emails while on duty.
b. Campaign Events. RCTC employees may not attend campaign meetings, rallies or other
campaign-related functions while on duty.
c. Telephone Calls. RCTC employees may not make campaign telephone calls while on duty.
d. Campaign Activities. RCTC employees may not perform any other campaign-related tasks
while on duty. This would include making copies, stuffing envelopes, writing campaign
statements or advocating or informing fellow RCTC employees about campaign issues.
1 For purposes of this rule, “during work hours” includes any standard or overtime hours that are part of a shift that a RCTC
employee is required to work. However, a RCTC employee is considered “off-duty” for purposes of this rule when he or she is
on a permitted lunch break, vacation, an administrative leave day, sick leave, or during a public holiday when not working.
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Wearing of campaign buttons, hats, shirts or other clothing, or signs is also prohibited
while on duty or while on RCTC property.
b) RCTC employees may engage in certain permissible political activity, provided such activity does
not involve use of RCTC time, property, facilities or equipment. For any personal political activity
a RCTC employee may be involved in, it shall be made clear that the employee is acting personally
and not on behalf of RCTC. Nothing in this Policy shall be applied in a manner that unlawfully
curtails the constitutional, statutory, or contractual rights of the employee. Permissible political
activities during RCTC employees’ “off duty” time include, but are not limited to:
a. Performing volunteer work, endorsing candidates in an individual capacity, taking a
position on ballot measures.
b. Using personal funds to make political contributions, subject to any applicable federal or
state laws.
c. Soliciting political contributions from persons other than RCTC officials and employees on
behalf of candidates or ballot measures.
§20.3 Prohibition on Use of Public Resources for Campaign Activity
a) RCTC employees may not use RCTC funds or resources to advocate a partisan position or
otherwise use public agency funds or resources to support any personal political activities.
Prohibited use of public agency funds or resources include, but are not limited to, the following:
a. Office Equipment. RCTC employees may not use RCTC copy machines, faxes, computers,
printers or other office equipment to design, make, or distribute political pamphlets,
flyers, signs, or other materials in support of his or her own political activity.
b. Telephones/E-Mail. RCTC employees may not use RCTC phones in support of personal
political activities. Prohibited activities include: making political cold calls, calling any
campaign organizations with which they may be involved, posting to social media, or
otherwise using a RCTC-issued phone or equipment (e.g., Smartphone) to communicate
personal views about candidates or ballot measures. This would include use of RCTC-
provided email addresses to send and receive messages related to personal political
activities.
c. Office Space. RCTC employees may not use RCTC offices or workspaces to engage in
personal political activities. Prohibited activities include: holding political meetings,
soliciting signatures for a proposed initiative, organizing political events, preparing
arguments, ballot statements, advertisements, and other such political activities.
d. RCTC Facilities. Political campaigning and related activities are deemed to be contrary to
the designated purposes and functions of RCTC facilities and are, therefore, prohibited at
RCTC facilities. RCTC property shall not be used for posting campaign signs, depositing or
distributing campaign literature, or holding campaign events.
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e. Office Supplies. RCTC employees may not use or appropriate RCTC office supplies in
support of personal political activities. For example, an RCTC employee may not print
flyers on RCTC printer paper, take pens and paper clips for use at a campaign office, or
use RCTC copiers to make copies.
f. RCTC Monies. RCTC employees may not purchase items such as bumper stickers, posters,
advertising floats, or television and radio spots using RCTC monies, and are prohibited
from displaying these items on RCTC property or vehicles.
b) RCTC employees who wear a Commission uniform may not participate in any personal political
activity while in uniform. (Gov. Code § 3206.) If an RCTC employee wears a uniform that has
become associated with a specific position at the Commission, he or she may not appear at any
political function in that uniform even when off duty. The restriction also applies to any shirts or
other items of clothing with any RCTC insignia.
§20.4 Making Promises for Political Favors
a) RCTC employees and officers may not promise to provide any person with a gift, money,
promotion, job, or other form of compensation in return for a contribution or vote. (Gov. Code §
3204.)
a. Hiring. RCTC employees and officers may not promise to hire or appoint any person,
vendor or third party for a RCTC position(s) in return for a contribution or vote for or
against any candidate or ballot measure.
b. Salaries. RCTC employees and officers may not promise to increase the pay rate, salary,
or fringe benefits of any officer or employee in return for a contribution or vote for or
against any candidate or ballot measure.
c. Gifts. RCTC employees and officers may not promise to provide any person with money,
a loan, or a gift in return for a contribution or vote for or against any candidate or ballot
measure.
§20.5 Soliciting Contributions or Political Support
a) A RCTC employee or officers may not, directly or indirectly, solicit a political contribution from a
RCTC officer or employee with knowledge that the person from whom the contribution is solicited
is an officer or employee of the Commission. The only exception is if an officer/candidate solicits
contributions from “a significant segment of the public which may include officers or employees
of that local agency.” (Gov. Code § 3205.)2 Violation of this rule is a crime, punishable as a
misdemeanor.
a. No Specific Solicitation of RCTC Officers/Employees - Anywhere. Requests made to RCTC
officers/employees (either verbal or written) for contributions or political support are
prohibited. This rule applies to both direct (by the officer/candidate) and indirect
2 For example, if a candidate were to send out 1,000 campaign mailers and 20 of them were sent to RCTC employees as part of
the larger group, that would not violate this rule. The key is that RCTC officers/employees cannot be specifically approached for
contributions/political support.
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(through a third party) solicitations. Further, the prohibition applies regardless of location
– even to solicitations made outside of RCTC facilities.
b. Solicitation of Relatives of a RCTC Officer/Employee – Permissible. Soliciting contributions
or political support from the spouse or relative of a RCTC officer/employee is permissible,
so long as it is not a subterfuge for soliciting the RCTC officer/employee.
§20.6 Providing Information on a Ballot Measure
a) RCTC employees cannot commit public money or resources to influence voters on matters which
are on the ballot for an upcoming election. (Stanson v. Mott (1976) 17 Cal.3d 206.)
b) RCTC employees and officers may only expend public funds for "informational" activities in which
it gives a "fair presentation of the facts" regarding a ballot measure. Therefore, RCTC cannot use
public funds to expressly urge voters to "Vote Yes" or “Vote No” on ballot measures. However,
the use of public funds to inform the public of all the consequences, good and bad, of a measure
will generally be permissible and should be reviewed by Legal Counsel before being distributed to
the public.
a. Balanced Presentation. The use of public funds on legitimate informational activities by
RCTC employees should present information relevant to both sides of an issue that will
appear on the ballot, including its potentially positive and negative impacts.
§20.7 Lobbying Permissible
a) It is lawful for public officers and employees to lobby or present information to the federal or
state legislature, the executive branch and administrative agencies to aid the passage of
legislation or regulations deemed beneficial to RCTC. This activity is a lawful charge against the
local agency. (Gov. Code §§ 50023, 53060.5.) While lobbying is permissible, election activity
designed to influence voters is not.
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RESOLUTION NO. 19-019
RESOLUTION OF THE
EXECUTIVE COMMITTEE OF THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION AMENDING ITS PERSONNEL RULES TO ADOPT AN
ELECTION AND CAMPAIGN RELATED POLICY FOR EMPLOYEES
WHEREAS, the California Government Code expressly allows local agencies to establish
rules and regulations that prohibit or restrict employees from engaging in political or election
activities during work hours or on the premises of local agencies, such as the Riverside County
Transportation Committee (RCTC); and
WHEREAS, based on the provisions of Government Code sections 3207, RCTC establishes
the guidelines herein to avoid any appearance of improper use of public funds; and
WHEREAS, the purpose of this Election and Campaign related Policy for RCTC employees
(“Policy”) is to establish written regulations to prohibit RCTC employees from advocating for a
position or candidate during working hours and to ensure compliance with laws and regulations
that limit or restrict election and campaign related activity by public agencies; and
WHEREAS, as a general guiding principle, State law prohibits the use of “public resources”
for campaign-related purposes. “Public resources” are broadly defined to include any property
or asset owned by the RCTC including, but not limited to, land, buildings, facilities, funds,
equipment, supplies, telephones, computers, vehicles, travel, and RCTC compensated time; and
WHEREAS, the Policy and the rules articulated below do not cover every circumstance or
scenario that an RCTC employee may encounter while involved in the election process. Should
an employee have specific issues or questions not covered in this policy, he or she should to
contact their supervisor or RCTC General Counsel; and
WHEREAS, Section 20 Elections and Campaigns is hereby added to the Riverside County
Transportation Commission’s Personnel Policies and Procedures Manual.
NOW, THEREFORE, BE IT RESOLVED BY THE EXECUTIVE COMMITTEE OF THE RIVERSIDE
COUNTY TRANSPORTATION COMMISSION AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct and are incorporated into
this Resolution by reference as though fully set forth herein.
Section 2. The Executive Committee of the RCTC hereby adopts the Election and
Campaign related policy for employees, which are attached hereto as Exhibit “A”, and
incorporated herein by this reference and are made a part hereof, in order to establish rules and
ATTACHMENT 2
97
3
regulations that prohibit or restrict employees from engaging in political or election activities
during work hours or on the premises of RCTC .
Section 3. The Executive Committee hereby authorizes the Executive Director to
interpret and implement the Election and Campaign related policy for employees.
Section 4. Section 20 Elections and Campaigns is hereby added to the Riverside
County Transportation Commission’s Personnel Policies and Procedures Manual to establish
rules and provide guidance on the type of election and campaign activities which may and may
not be carried out by Commission employees during work hours or on the premises of RCTC.
Section 5. This Resolution shall become effective upon the date of its adoption.
Section 6. This Resolution shall repeal any other resolutions or portions thereof to
the extent that such resolutions or portions thereof are in conflict with this Resolution.
Passed, approved and adopted this 13th day of November, 2019.
___________________________________________
Chuck Washington, Chair
Riverside County Transportation Commission
ATTEST:
________________________________
Lisa Mobley
Clerk of the Board
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EXHIBIT “A”
PROPOSED PERSONNEL POLICIES AND PROCEDURES MANUAL
[ATTACHED BEHIND THIS PAGE]
99
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
ROLL CALL
NOVEMBER 13, 2019
Present Absent
County of Riverside, District II 0 0
County of Riverside, District III a 0
County of Riverside, District IV 0 0
County of Riverside, District V 0 0
City of Beaumont .el' 0
City of Jurupa Valley ,e0
City of Indian Wells 0 0
City of Palm Desert Pi 0
City of Palm Springs .1 0
City of Temecula 0 0
City of Wildomar af 0