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12 December 2, 1998 Personnel81081 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Personnel Committee Meeting (Commissioners Bob Buster, Alex Clifford Dick Kelly) 2:00 P.M. Wednesday, December 2, 1998 RCTC Offices, 3560 University Avenue, Riverside 1 Call to Order 2 Public Comments 3 Amended RCTC Personnel Rules and Regulations Overview In an effort to have a complete rules and regulations for RCTC presented is a draft amended Personnel Rules and Regulations 4 Adjournment 11.36.8 RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: December 2, 1998 TO: Personnel Committee FROM: Naty Kopenhaver, Director of Administrative Services THROUGH: Eric Haley, Executive Director SUBJECT: RCTC Personnel Policies and Procedures The existing Personnel Policies and Procedures for the Riverside County Transportation Commission were approved in segments Also, the Commission in the past, followed the County of Riverside's personnel rules. With the increase of staffing level, the Commission needs to set its own rules With the Personnel Committee (Commissioners Bob Buster, Alex Clifford, Dick Kelly) and Legal Counsel review of the policies and procedure, these will be included in the Commission's agenda packet for the December 9, 1998 meeting for approval nk RIVERSIDE COUNTY TRANSPORTATION COMMISSION PERSONNEL POLICIES AND PROCEDURES MANUAL DRAFT TABLE OF CONTENTS RULE 1 GENERAL PROVISIONS RULE 2 Section 1 1 Purpose Section 1 2 Pnor Policies Repealed Section 1 3 Term of Personnel Manual Section 1 4 Non -Discrimination Section 1 5 Violation of Personnel Policy Section 1 6 Department Policies and Procedures Section 1 7 Distribution of Personnel Policies Section 1 8 Definition of Terms Section 1.9 Application of Personnel Rules Section 1 10 Savings Clause RECRUITMENT, SELECTION AND PLACEMENT Section 2 1 Classification Plan Section 2 2 Reclassification Section 2 3 Vacancies Section 2 4 Personnel Requisitions Section 2 5 Announcements Section 2.6 Qualification of Applicants Section 2 7 Submitting applications Section 2 8 Incomplete applications Section 2 9 Disqualification Section 2 10 Offer of Employment Section 2 11 Keys and Secunty Codes RULE 3 TERMS OF EMPLOYMENT Section 3 1 Salary Schedule Adoption Section 3 2 Probationary period Section 3 3 Promotion Section 3 4 Demotion Section 3 5 Suspension Section 3 6 Reinstatement Section 3 7 Termination Section 3 8 Onentation Section 3 9 Attendance Section 3 10 Nepotism Section 3.11 Compensation Section 3 12 Annual Salary Review Section 3 13 Performance Evaluations Section 3 14 Rest Penods Section 3.15 Notice of Resignation Section 3 16 Death of Employee Section 3 17 Political Activity Section 3 18 Alcohol and Drug Policy Section 3 19 Smoking Policy Section 3 20 Service Awards Section 3 21 Safety Section 3 22 Workplace Related Violence RULE 4 EMPLOYEE BENEFITS Section 4 1 Benefit Plan Section 4.2 Medical Plan Section 4 3 Short and Long Term Disability Insurance Section 4 4 Life Insurance Section 4 5 Dental/Optical Program Section 4.6 Retirement Program Section 4.7 401(a) Qualified Plan Section 4 7 457 Deferred Compensation Section 4 8 Workers Compensation Section 4.9 Continuation of Benefits Coverage Section 4 10 Unemployment Insurance Section 4 11 Credit Union RULE 5 EMPLOYMENT HOURS Section 5.1 All Employees Section 5 2 Exempt Benefit Levels RULE 6 LEAVE VACATION AND HOLIDAYS Section 6 1 Sick Leave Section 6 2 Sick Leave Time Cashout Section 6 3 Holiday Leave Section 6 4 Vacation Section 6 5 Accrued Vacation Time Cashout Section 6 6 Administrative Leave Section 6 7 Overtime Section 6.8 Jury Duty Section 6.9 Leave of Absence Without Pay Section 6 10 Unauthorized Leave of Absence RULE 7 PART-TIME SEASONAL AND TEMPORARY EMPLOYEES Section 7 1 Regular Part -Time Employees Section 7 2 Seasonal Employees Section 7.3 Temporary Employees " Section 7 4 Casual Employees RULE 8 POLICY AGAINST EMPLOYEE HARASSMENT Section 8 1 Introduction Section 8 2 Policy Statement Section 8 3 Application Section 8.4 Harassment Defined Section 8 5 Procedure Section 8.6 Investigation Section 8 7 Internal Documentation Procedure Section 8.8 Confidentiality Section 8 9 Remedies Section 8.10 Retaliation Section 8 11 Employee Obligation RULE 9 OUTSIDE ACTIVITIES Section 9 1 Section 9.2 Section 9 3 Authorization for Outside Activities Prohibited Activities Conflicting Activity RULE 10 TUITION REIMBURSEMENT PROGRAM RULE 11 Section 10.1 Eligibility Section 10 2 Application Process Section 10.3 Repayment of Tuition Reimbursement VEHICLE OPERATION POLICY Section 11 1 Policy Section 11 2 Dnver's License Section 11 3 Driver's Record RULE 12 EXPENSE REIMBURSEMENT Section 12 1 Travel Expenses Section 12 2 Other Official Expense Reimbursement Section 12.3 Travel Reimbursement Section 12 4 Travel Advance Section 12.5 Personal Automobile Travel RULE 13 EMPLOYEE CONDUCT AND DISCIPLINE Section 13 1 Procedure RULE 14 GRIEVANCE PROCEDURE Section 14.1 Policy Section 14 2 Steps in the Gnevance Procedure RULE 15 LAYOFF POLICY AND PROCEDURE Section 15 1 Policy Section 15 2 Order of Lay-off Section 15.3 Reemployment List RULE 16 REPORTS AND RECORD KEEPING Section 16 1 Personnel Files Section 16 2 Change of Status Report Section 16 3 Personnel Action Form Section 16 4 Time Cards Section 16 5 Records Review and Access Section 16 6 Employee Access Section 16 7 Disclosure of Employee Information Section 16 8 Protection of Confidentiality RULE 17 RCTC Computer Word Processing, Electronic and Voice Mail Confidentiality (Access and disclosure) Policy Section 17.1 Purpose Section 17 2 Access and Disclosure Section 17 3 Personal Use Section 17 4 Guidelines for the Use of E-Mail RULE 1 GENERAL PROVISIONS Section 1.1 Purpose The purpose of the Personnel Policies and Procedures Manual is to provide guidance in the application of a fair personnel management policy which promotes the efficient and economical delivery of Riverside County Transportation Commission services Section 1.2 Prior Policies Repealed In the event that the terms and provisions of this policy and procedure manual is inconsistent or in conflict with the terms and provisions of any prior Commission personnel policy and procedures, resolutions, rules and regulations governing the same subject, the terms of this policy and procedure manual shall prevail and such inconsistent or conflicting provisions or prior resolutions, rules and regulations are hereby repealed Section 1.3 Term of Personnel Manual This Personnel Policy and Procedures Manual takes effect when adopted by the Riverside County Transportation Commission. The manual shall remain in effect unless repealed, in whole or part, by the Commission The Riverside County Transportation Commission (RCTC) may in its sole discretion add to, delete or otherwise modify these policies and procedures Section 1.4 Non -Discrimination RCTC shall comply with applicable Federal and State laws governing fair employment practice and equal opportunity RCTC shall not unlawfully discnminate for or against any person based on race, creed, color, religion, national ongm, sex, age political opinion, physical handicap medical condition mantal status, disability, or sexual orientation Section 1.5 Violation of Personnel Policy Violation of these personnel policies as adopted shall constitute grounds for refection or for suspension, demotion discharge or other disciplinary action deemed appropriate in the discretion of RCTC Management Section 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 these Personnel Policies and Procedures and shall be approved by the Executive Director prior to their implementation. Copies of department policies and procedures, and amendments to the policies and procedures shall be distnbuted 2 to each employee of the department. Department policies and procedures must be consistent with, and supplementary to, these Personnel Policies and Procedures Section 1.7 Distribution of Personnel Policies Copies of the Personnel Policies and Procedures Manual shall be made available to all employees of RCTC Section 1.8 Definition of Terms Terms used in this Personnel Policies and Procedures Manual shall be defined as follows Acting Appointment - An appointment of a person on an mtenm basis pending later appointment of an eligible person Advancement - A salary increase within the limits of a pay range established for a class Anniversary Date - The effective date of employment for the employee Applicant - Any person submitting a formal completed application for employment with RCTC Authorized Position - A specific work position within a lob classification which is or may be held by an employee Casual Employee - An employee of RCTC scheduled on an irregular basis or on a regular basis for 20 or fewer hours per week Such employees may be discharged without cause and without recourse to the gnevance procedure or any other appeal right Chairman - A member of the RCTC elected on a yearly basis to preside at all meetings of the Commission and perform such other powers and duties as may be from time to time assigned to him/her by the Commission Class - All positions sufficiently similar in duties, authonty and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary Compensation - Salary wages fees benefits, allowances or other monies paid to or on behalf of an employee for personal services. Continuous employment - Employment which is uninterrupted except by authonzed absences Contract employees - Contract employees are those individuals that are employed by RCTC pursuant to the terms of an individual employment contract which sets forth terms and 3 , conditions of employment Unless expressly stated herein, the provisions of this Personnel Policies and Procedures Manual shall not be applicable to contract employees. Days - Means calendar days unless otherwise stated Demotion - The movement of an employee from one class to another class having a lower maximum base rate of pay Director of Administrative Services - The employee of RCTC as designated by the Executive Director to oversee the human resources department Disciplinary Action - Includes, but is not limited to, the discharge, demotion, reduction in pay, suspension and oral or written repnmands of a regular employee, provided, however that exempt employees shall be subject to unpaid disciplinary suspension in blocks of one week only Discharge - Involuntary termination of employment with the Riverside County Transportation Commission Employment List - A list of names of persons who may be considered for employment with RCTC under specified conditions Employment lists will be prepared as needed as determined by the Director of Administrative Services Employee - A person who is legally occupying a position in RCTC's service or who is on an authonzed leave of absence for such position Employee Classification Plan - Classes of positions defined by class specifications including title which groups all positions with similar duties, responsibilities, authonty and character of work in the same class with the equitable schedules of compensation within the same class. Executive Director - The position selected by the Board of Riverside County Transportation Commission to have full charge of the administration of the business affairs of the Commission Fiscal Year - The fiscal year for RCTC begins on July 1 and end on June 30 of the next year Full -Time Employee - An employee of RCTC who usually works forty (40) hours per week in an approved classification plan position Grievance - Any good faith or reasonable 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 Personnel and Policies Manual, provided, however complaints involving performance evaluations, denial of ment pay increases, employee classification disciplinary actions rejection from probation and termination of seasonal, temporary, and casual employees are not gnevable 4 Grievance Procedure - The systematic means by which an employee may obtain consideration of a gnevance Immediate Family- An employee's father, mother, spouse child brother, sister, grandparent, grandchild, parent -in-law, brother-in-law, sister-in-law, foster child, ward of court or stepchild Immediate Supervisor - The most immediate person to whom an employee reports for work assignments and direction Job Classification - The descriptive title of a certain type of lob performed by an RCTC employee Inherent in each classification are certain duties, responsibilities, and degrees of authority Layoff - The separation of an employee from RCTC service which has been made necessary by lack of work or funds and other reasons not related to the fault, delinquency, or misconduct on the part of the employee Leave of Absence - An authonzed absence from duty for a specified period Regular Part-time Employee - An employee of RCTC who usually works less than forty (40) hours per week, but more than 20 hours per week, in a classified position Performance Evaluation - A review and evaluation of an employee's performance and capabilities in the employee's authonzed position by the employee's immediate supervisor or other manager Personnel Manual - This group of personnel policies and procedures concerning employment with RCTC . Personnel Ordinance - Ordinance which creates a personnel system for RCTC • Position - A group of current duties and responsibilities assigned or delegated by competent authority and requmng the full or part-time services of one (1) employee Probationary Period - A minimum of six months or one thousand forty working hours based on exemplary performance to twelve months or two thousand eighty regularly scheduled working hours or such duly extended penod of employment, dunng which an employee may be discharged without cause and without recourse to the grievance procedure or any other appeal nght Promotion - The movement of an employee from a position of one class to a position in another class having a higher maximum salary rate with an increase in duties and responsibilities over the employee's present class 5 Reduction in Pay - A temporary or permanent decrease in salary Regular Employee -An employee who has successfully completed the probationary period and has been retained as hereafter provided in these rules. Reinstatement - The restoration without examination of a former regular employee or probationary employee to a classification in which the employee formerly served as a regular non -probationary employee. Resignation - Voluntary termination of employment by an employee. Salary range - Categones which determine the minimum and maximum salary payable for each employment classification Salary step - A level of salary payable in each salary range. Seasonal employee - An individual appointed to a position established on a recurnng basis of forty (40) hours per week or less, for a specified season of six (6) consecutive months or less Such employees may be discharged without cause and without recourse to the gnevance procedure or any other appeal nght. Sick Leave - Absence from duty by an employee due to 1 The employee's illness, medical or dental examination, injury, disability or exposure to contagious disease which incapacitates the employee from performing this duty 2 The employee's attendance with a member of the immediate family because of illness, injury death, or exposure to contagious disease and where the attendance of the employees definitely required Smoking - Includes any lighted cigarette agar or pipe Supervisor - A person who has responsibility for the direction of the work of a specific employee Suspension - Unpaid suspension is the temporary separation from service of an employee without pay for disciplinary purposes. Paid suspension is leave, with pay, wherein the employee is fully or partially relieved of duty, with pay and benefits, pending investigation of employee conduct or for other reasons deemed appropriate by RCTC management Temporary Employee - An employee hired for a specified purpose for a limited penod of time. Such employees may be discharged without cause and without recourse to the grievance procedure or any other appeal nght 6 Termination - The conclusion or cessation of employment with RCTC RCTC - Riverside County Transportation Commission 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 salary, involving the performance of similar duties and requiring substantially the same basic qualification Vacancy - An unfilled authonzed position in RCTC employment Section 1.9 Application of Personnel Rules These Personnel Rules shall apply to all officers, positions and employments in the service of RCTC Section 1.10 Savings Clause If any provision or the applications of any provision of these Personnel Policies and Procedures, as implemented, are rendered or declared invalid by any final court action in a court of competent lunsdiction, or by reason of any preemptive legislation, the remaining provision of the Personnel Policies and Procedures shall remain in full force and effect RULE 2 RECRUITMENT, SELECTION AND PLACEMENT Section 2.1 Classification Plan The Director of Administrative Services, under the direction of Executive Director, shall ascertain and record the duties and responsibilities of all positions in the 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 RCTC and may be amended from time to time A new position shall not be created and filled until the classification plan has been amended to provide therefor. Section 2.2 Reclassification Positions, the assigned duties of which have been matenally changed by RCTC so as 7 to necessitate reclassification, whether new or already created, may be allocated by the Executive Director to a more appropriate class Section 2.3 Vacancies When a permanent vacancy occurs in an authorized position, the Immediate Supervisor will submit a request to fill the vacancy to the Director of Administrative Services. The Immediate Supervisor may recommend to fill the vacancy through internal or external recruitment The Executive Director will be notified of the vacancy and the recommended process for selection The Executive Duectormay determine that it is in RCTC's best interest to leave the position vacant 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 Section 2.4 Personnel Requisitions All requests for additional or replacement personnel shall be submitted to the Personnel Department on a Personnel Requisition Form The Personnel Requisition Form shall be completed and signed by the supervisor The Form shall be submitted to the Executive Director for approval and then submitted to the Director of Administrative Services The Director of Administrative Services shall satisfy all Personnel Requisitions in accordance with RCTC's recruitment policy Section 2.5 Announcements The Director of Administrative Services shall publish announcements which shall state the position title, salary, 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 as approved by the Executive Director Announcements shall be considered published when they are posted on RCTC bulletin board Internal and external recruitment shall be a minimum of two weeks The Director of Administrative Services may publish notices of vacancies as he/she deems appropnate including use of media sources in order to recruit qualified applicants Section 2.6 Qualification of Applicants The person employed in or appointed to any position reguinng full-time or part-time service where the position is included in the classification plan and a class specification exists must possess desired qualifications in full, by midnight of the final filing date In the event an applicant entering RCTC employment is found to possess qualifications extraordinary for the position the Executive Director may authorize the employment of such applicant at any step within the appropriate pay range For the purposes of this section, 'extraordinary" means the applicant has education, expenence and/or skills superior to that 8 commonly required and expected for the class. Section 2.7 Submitting Applications Applications must be received by RCTC not later than 5:00 p m on the final filing date Applications mailed must bear a postmark not later than the final filing date and must be received not more than seventy-two (72) hours after the final filing date and time All employment applications submitted to RCTC shall remain in an active status for a penod of six months dunng which time applicants will be considered for employment Section 2.8 Incomplete Applications Incomplete applications may be returned to the applicant with notice to amend, provided adequate time exists Incomplete applications received after the filing period will not be given consideration for RCTC employment. Section 2.9 Disqualification The Director of Administrative Services may disqualify an applicant or refuse to refer any person for employment for but not limited to, the following reasons. 1 The applicant does not possess the necessary qualifications established for the position 2 The applicant has been dismissed for good cause from previous employment 3 The applicant has used or attempted to use any improper personal or political influence to further their employment with RCTC 4 The applicant has been convicted of a felony or misdemeanor which was of such a nature as to reflect adversely and substantially on the applicant's ability to perform the duties of the position The word "convicted" shall be construed to mean a plea of guilty or nolo contenders, verdict or finding of guilt regardless of whether sentence is imposed by the court 5 The applicant has practiced or attempted to practice any deception fraud or omission of material fact in the application or interview, or in secunng eligibility for employment The Executive Director shall have final approval as it pertain to qualification of applicants Section 2.10 Offer of Employment Offers of employment shall be extended to selected candidates only by the Executive 9 Director or the Director of Administrative Services or the Supervisor, at the direction of the Executive Director. Employment offers for all positions shall be made in wntmg and shall include starting salary on a monthly basis. In no event shall an employment offer be made in terms of annual salary which may imply a yearly contract All employment offers are subject to all employment contingencies Section 2.11 Keys and Security Codes Keys to RCTC facilities and related secunty access codes will be issued to employees as designated by the Supervisor The Supervisor will notify the Director of Administrative Services of the employees to be issued keys and related secunty access codes Keys are the property of RCTC and shall be surrendered to RCTC upon termination of employment and pnor to receiving payment of salary due at termination Employees shall be required to immediately report lost or stolen keys and related security cards to the Personnel Department RULE 3 TERMS OF EMPLOYMENT Section 3.1 Salary Schedule Adoption Except as otherwise provided by law, employees shall receive compensation as provided in the basic salary and compensation schedule adopted by RCTC Board for the respective classifications of positions in which they are employed, in accordance with the terms of employment set for in this Personnel Policies and Procedures Manual. Section 3.2 Probationary Period To ensure that new employees are able to satisfy requirements of the position for which they were hired, minimum probationary penod shall be a minimum of completion of first 1040 hours for exemplary performance up to the first twelve months or 2080 regularly scheduled working hours for regular appointments The probationary period is required as part of the testing process and shall be utilized for observing closely the employee's work All employees will receive a performance evaluation prior to completion of the minimum probationary period any extension of the probationary penod Dunng the probationary penod, an employee may be rejected at any time without cause and without recourse to the grievance procedure or any other appeal nght If an employee's performance dunng the probationary penod is marginal, the probationary penod may be extended for a maximum of six calendar months or 1040 regularly scheduled working hours, subject to the approval of the Executive Director Employees promoted or transferred to another position in RCTC, shall be considered probationary employees dunng the first six months or 1040 regularly scheduled working hours 10 whichever occurs later, in the new position Employees fading to perform satisfactonly in the newly assigned position may be rejected and retumed to their former position or to a position requiring similar skill and in a similar pay grade without recourse to the gnevance procedure or any other appeal right Section 3.3 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 For the purpose of this policy, promotion shall be defined as movement to a higher classification in the salary schedule. Employees interested in promotion to a position vacancy for which they are qualified shall submit an employment application to the Personnel Officer. Employees who have not yet successfully completed the probationary period for their current position are not normally eligible for promotional consideration Employees promoted to a new position shall be placed at that step of the salary range in which the position is classified which represents a nominal five percent increase in the employee's current salary Employee promoted to a new position having a maximum salary range higher than a five percent increase over the employee's current salary shall be placed at the minimum step of the salary range in which the position is classified. Employees appointed to an "acting" position shall not acquire probationary or permanent status or rights, and time spent in an "acting" position shall not contribute to the probationary penod if the employee is subsequently appointed to the position Promotional offers shall be extended to selected candidates only by the Executive Director Employment offers for all promotional positions shall be made in accordance with Section 2 10 of the Personnel Policies and Procedures Section 3.4 Demotion RCTC may demote an employee whose ability to perform the required duties falls below standard or for disciplinary purposes No employee shall be demoted to a position who does not possess the desirable qualifications Employees demoted due to unsatisfactory performance following a promotional opportunity or a RCTC initiated transfer shall be retumed to their former salary provided the demotion occurs dunng the probationary penod in the newly occupied position Section 3.5 Suspension The Executive Director may suspend an employee from a position at any time for a disciplinary purpose Suspension without pay shall not exceed thirty calendar days, nor shall any employee be penalized by suspension for more than thirty calendar days in any fiscal year Department heads may suspend a subordinate employee for not more than three working days at any one time, and not more than once in a thirty calendar day penod. Intended suspension action shall be reported immediately to the Executive Director and the Director of Administrative Services and shall be taken in accordance with Rule 12 hereof Section 3.6 Reinstatement Employees who have resigned from RCTC employment may be eligible for reinstatement to their former position or to a position requiring similar skill and in a similar pay grade providing all of the following cntena are met 1 There is a vacancy in the position for which the employee seeks reinstatement 2 The request for reinstatement is received within six (6) months from the date the employee resigned 3 Performance evaluations at the time of resignation were satisfactory. 4 The former employee provided at least two (2) weeks notice upon resignation. 5 The Executive Director approves the reinstatement request prior to the appointment Former employees shall have no nght to reinstatement and such reinstatement shall be at the sole discretion of RCTC RCTC reserves the nght to consider the restoration of salary, senionty and other employee benefits on an individual basis and the same shall be restored at the sole discretion of the Executive Director Reinstated employees shall be required to complete a probationary penod Section 3.7 Termination Employees may be rejected without cause or without right of appeal at any time dunng a probationary penod immediately following the individual's date of employment or dunng, an approved extension of an employee's initial probationary penod Rejections occurring dunng the probationary penod shall be initiated by the appropnate department head and approved by the Executive Director prior to notifying the employee of termination action The Director of Administrative Services must be notified of any employee termination action. Rejected probationary employees shall forfeit all employee benefits except benefits accrued under the Public Employees' Retirement System Rejected probationary employees shall not be eligible for pnor notice of termination and shall receive payments due at the following payday 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 the Personnel Ordinance or these Rules. Employees discharged in accordance with these Rules shall forfeit all employee benefits except benefits accrued under the Public Employees' Retirement System and benefits to which the employee is statutonly 12 entitled Discharged employees shall receive payments due the following payday Section 3.8 Orientation New employees of RCTC shall be provided a brief orientation. The orientation will address issues such as hours of work, rest penods, salary benefits, probationary penod performance evaluation, position descnptions, attendance, drug abuse policy, smoking policy, sick leave, vacation, overtime and other basic personnel issues as directed by the Director of Administrative Services The employee's immediate supervisor will provide the employee with a thorough orientation including, but not limited to, the following 1 Outline current and long range departmental objectives 2 Review the organization of the department and the names of key department personnel 3 Review department procedures 4 Explain hours of work, time reporting, lunch and break penods, absence reporting and other RCTC policy 5 Define work assignments objectives and responsibilities 6 Set measurable performance goals with the employee 7 Conduct a tour of RCTC facilities including rest rooms and parking facilities Section 3.9 Attendance Employees shall be in attendance at their work in accordance with the rules regarding hours of work holidays, and leaves All employees shall keep daily attendance records of employees which shall be reported to payroll on the appropnate form Absence without leave shall be cause for discipline up to and including discharge. Employees shall make every effort to schedule personal appointments outside their working hours RCTC will maintain records of employee attendance to identify critical and chronic attendance problems Employee attendance will be reviewed and evaluated dunng the employee's annual performance evaluation. Section 3.10 Nepotism 13 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 For the purpose of this policy a "relative" is defined as a spouse, 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, grandparent regardless of their place of residence, or any other individual related by blood or marnage living within the same household or persons having an equivalent relationship with the employee Therefore, the following restrictions will apply 1 Relatives of the RCTC Executive Director, RCTC Legal Counsel and all Board members of RCTC shall not be eligible for RCTC employment in any capacity 2 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 morale of the department or RCTC, as determined by the Executive Director, nor shall any employee be placed in a position which exercises supervisory authority over a relative 3 If two (2) RCTC employees become marned 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 detnmental to the supervision, safety, security or morale of the particular work unit as determined by the Executive Director 4 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 official employment application Section 3.11 Compensation The Director of Administrative Services, at the direction of the Executive Director, shall be responsible for prepanng and maintaining an employee classification plan for RCTC. The employee classification plan shall be approved by the Commission New employees of RCTC shall be hired at the minimum step of the salary range which the position is classified 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 approved by the Executive Director in wnting Individuals hired at the minimum step of the salary range shall be eligible for a salary step increase upon completion of satisfactory initial six months or upon completion of probationary period at twelve months or any extension thereof, not to exceed five percent (5%), and at twelve month intervals thereafter A completed performance evaluation with a satisfactory or higher 14 rating shall be required for all salary step recommendations. Individuals hired at other than the minimum step of the salary range shall be eligible for a salary step increase upon completion of the probationary period or any extension thereof, not to exceed five percent (5%), and at twelve month intervals thereafter A completed performance evaluation with a satisfactory or higher rating shall be required for all salary step recommendations Section 3.12 Annual Salary Review Every odd year on February 1st, under the direction of the Executive Director, the Director of Administrative Services will review the salary ranges assigned to each position within RCTC and provide the information to the Executive Director The Executive Director will make recommendations to the Commission The following areas to review may be considered 1 Existing position descriptions, salanes, benefit levels and number of authorized positions within RCTC 2 Companson of salanes paid by other employers to employees performing work similar to that performed by RCTC employees 3 Review of inflation, changes in cost of living, and other measure of the economy 4 Other areas as the Executive Director deems appropriate Changes in the salary ranges, if any, shall be determined within the sole discretion of the Riverside County Transportation Commission Section 3.13 Performance Evaluations It is the policy of RCTC of to evaluate employee performance on a regularly scheduled basis The performance evaluation shall normally be conducted by the employee's immediate supervisor and shall be discussed with the employee The employee s immediate 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 six months pnor to the completion of the probationary penod for new employees This includes completion of the first twelve months of employment for new employees, completion of any extended probationary period and completion of the promotional probationary penod of a regular employee It is the supervisors responsibility to assure that the performance evaluation is completed and returned to the Executive Director and Director of Administrative Services for review pnor to the completion of the probationary penod Performance evaluations for employees after attaining the top step of their salary range 15 will be on an annual basis Supervisors must use and complete the performance evaluation form approved by RCTC by November 1" of each year The penod for the evaluation performance is from July 15'to June 30'h Employees who have reached the top step of their salary range dunng the penod of July 1"to June 301h will be qualified for the performance award the following year An employee will be awarded a performance evaluation incentive as follows. a) 5% for Outstanding, and, 2) 2 1/2% for Very Good. It is the supervisor's responsibility to assure that the performance evaluation is completed and that he/she has met with the supervised employee and retumed to the Director of Administrative Services All performance evaluation evaluations must be approved and signed by the Executive Director Performance awards are not cumulative and shall not become the base salary. Section 3.14 Rest Periods Employees of RCTC shall be eligible to receive one rest penod not to exceed fifteen minutes in any four consecutive hours of work The employee's immediate supervisor shall coordinate the scheduling of the rest penod Section 3.15 Notice of Resignation Employees who wish to voluntanly terminate employment with RCTC shall provide a minimum of two weeks wntten notice to their immediate supervisor The written resignation shall be considered accepted by RCTC immediately upon submission by the employee and shall be forwarded to the Personnel Department for processing. Requests to revoke a resignation shall be determined in the sole discretion of the Executive Director Any employee fading to provide RCTC with a minimum of two weeks written notice shall be ineligible for consideration for future employment with RCTC Section 3.16 Death of Employee In the event of a death of a RCTC employee, payment of all eamed wages due shall be in accordance with the laws of the State of which the deceased employee was a legal resident at the time of death Payment of any other funds due the deceased employee will be paid to the beneficiary so designated in writing by the employee If no beneficiary has been designated, any funds due shall be paid to the deceased employee s surviving spouse In the absence of a surviving spouse such payment shall be made to the employee's children In the absence of children, such payment shall be made to the estate of the deceased employee Section 3.17 Political Activity Political activities of officers and employees of RCTC while on duty and/or on the premises of RCTC is prohibited In accordance with the California Govemment Code the following shall be prohibited 16 1. 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) 2 No employee of RCTC shall engage in political activity dunng working hours (Government Code Section 3207) 4 No signs, posters or other political advertising materials shall be posted upon public property at any time Section 3.18 Alcohol and Drug Policy It is policy of the RCTC to prohibit its employees from using alcohol or drugs in connection with their employment, as it constitutes a threat to the safe and efficient performance of our public service With this in mind, RCTC has established the following policy with regard to use being under the influence, possession, distribution or manufacture of alcohol or drugs The RCTC Drug -Free Workpace Designation is any location at which RCTC business is conducted is designated as a drug -free workplace All employees of RCTC are absolutely prohibited from unlawfully manufacturing, distnbuting, dispensing, possessing or using controlled substances in the workplace RCTC shall implement and hold a drug -free workplace training annually for all employees Any employee convicted of violating a criminal drug statute in the workplace must inform the Executive Director of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction occurnng Failure to inform the Executive Director shall result in disciplinary action up to and including termination for the first offense. By law, the Executive Director will notify the federal contracting officer within ten days of receiving such notice from an employee or otherwise receiving notice of such a conviction RCTC reserves the nght to offer employees convicted of violating a criminal drug statute in the workplace participation in an approved rehabilitation or drug -abuse assistance program as an alterative to discipline If such a program is offered, and accepted by the employee, then the employee must satisfactorily participate in the program as a condition of continued employment All employees of RCTC shall be required to acknowledge that they have read this policy and agree to abide by it in all respects By law this acknowledgement and agreement are required as a condition of continued employment A Definitions Under the influence - For the purposes of this Policy, that the employee is affected by 17 a drug or alcohol or the combination of a drug and alcohol in any detectable manner The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance A determination of influence can be established by a professional opinion, a scientifically valid test, and, in some cases, by a layperson's opinion Legal Drug - Includes prescnbed drugs and over-the-counter drugs which have been legally obtained and are being used for the purpose for which they were prescnbed or manufactured. Illegal Drug - Any drug which is not legally obtainable, or which is legally obtainable but has not been legally obtained The term further includes prescribed drugs not being used for prescribed purposes. Section 3.19 Smoking Policy RCTC is dedicated to protecting the health and safety of all RCTC employees from unhealthful conditions Therefore, smoking is prohibited in any RCTC owned or leased budding specifically utilized for the administration of RCTC business This shall include, but is not limited to offices, lobbies, hallways conference rooms restrooms, common work areas and vehicles Each department head shall be responsible for enforcing this smoking prohibition within their area of responsibility Any RCTC employee violating this policy will be subject to disciplinary action Section 3.20 Service Awards In order to recognize the contributions of long time RCTC employees RCTC shall provide service awards to regular full-time employees who have completed five years of consecutive service and on succeeding five year anniversaries thereafter. Service awards shall also be presented to regular part-time employees who have completed the equivalent of five years of consecutive service and on succeeding five year equivalent anniversaries thereafter. Service awards will be presented at regular Commission meetings Employees must have completed the appropnate 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 Chairman of RCTC or a representative designated by the Chairman Section 3.21 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 Section 3.22 Workplace Related Violence 18 RCTC will not tolerate workplace related violence or threats of workplace related violence of any type Thus, any act or threat of workplace related violence against a co-worker, customer, or any other individual will lead to discipline, up to and including termination of employment, depending on the nature and seventy of the employee's conduct Conduct prohibited under this policy includes but is not limited to 1 Physical assaults, 2 Verbal abuse or threat (oral or in wntmg), 3 Physical gestures or other actions intended to threaten, intimidate or coerce another person, 4 Harassment, 5 Sabotage of equipment or other property, 6 Bomb threats or similar activities, 7 Menacing or inappropriately aggressive behavior towards another person, 8 Stalking, 9 Possession of a weapon These rules apply at any time an employee is on duty, on RCTC premises or otherwise acting in connection to the employee's employment with RCTC In addition to taking disciplinary action against an employee engaging in prohibited conduct under this policy RCTC will take aggressive legal action against any employee that engages in workplace related violence or constitutes a threat of workplace related violence Any employee that feels that he or she has been the victim of workplace related violence or threat of workplace related violence is expected to report such to the employee's supervisor or any other supervisory or management employee immediately Further, any employee that has knowledge of an incident of workplace related violence or a threat of workplace related violence must report such to his or her immediate supervisor or any other supervisory or management employee immediately RULE 4 EMPLOYEE BENEFITS Section 4.1 Benefit Plan All regular employees shall be eligible to participate in the health dental vision, supplemental life insurance, 401(a) defined compensation plan and 457 deferred compensation plan offered by RCTC Section 4.2 Medical RCTC will provide medical coverage through the Public Employees Retirement System 19 (PERS) RCTC shall pay the cost of medical insurance in the PERS at the rate of the HealthNet Insurance premium for family coverage Section 4.3 Short and Long Term Disability Insurance RCTC shall provide short and long term disability insurance for regular employees The premiums are fully paid by RCTC Employees shall be required to enroll in the program at the time of hire and must remain in the program while an employee of RCTC Section 4.4 Life Insurance RCTC shall provide a one hundred thousand dollar ($100,000) term life insurance policy for each regular employee Life insurance is also provided to regular part time employees and will be on a pro-rata basis based on the hours work Employees shall be permitted to purchase through payroll deduction, additional term life insurance RCTC shall provide these benefits subject to carner requirements. Selection of the insurance provider(s) and the method of computing premiums shall be within the sole discretion of RCTC Section 4.5 Dental/Optical Program RCTC shall provide dental and optical expense reimbursement for regular full time employees This benefit will also be provided to part-time employees on a pro-rata basis based on the hours worked Employees and their dependent are entitled to reimbursement for corrective/preventive dental and eye care under the program Reimbursement under this program include eye care, glasses, lenses and frames dental care preventive services and procedures Each fiscal year, RCTC will deposit $1200 for each employee in the dental/optical reimbursement fund Employees will be compensated for the first $1200 of dental and/or optical claims dunng the fiscal year, with proportionate distributions of additional payments from any remaining fund balances for any additional expenses at year end The employee shall submit his/her dental and optical expense reimbursement form with the receipt for dental and optical expenses to the Accounting Department Upon review and approval the claim will be processed for reimbursement Section 4.6 Retirement Program All regular employees shall become members of the Public Employees' Retirement System (P E R S ) at the effective date of employment RCTC shall pay for the employee and employer contribution to PERS Through contract with PERS, regular employees shall receive a 2% at 55 years old benefit Retirement shall! be based on the highest one year of 20 compensation Employees shall be required to enroll in the program at the time of hire Section 4.6 401(a) Qualified Plan All regular employees shall be enrolled in the 401(a) Qualified Plan RCTC will contnbute 7 5% of the employee's salary to the qualified plan Employees shall be required to enroll in the program at the time of hire. Section 4.7 457 Deferred Compensation Employees of RCTC shall be eligible to enroll in 457 deferred compensation plan offered by RCTC on the first day of employment. Employees are permitted to specify additional amounts to be deducted from the employee's paycheck for deposit to RCTC's deferred compensation carrier Maximum contnbution is in accordance to the amount set by the federal law Section 4.8 Worker's Compensation RCTC shall provide Workers' Compensation benefits to all employees who suffer a work - related injury For an injury suffered by an employee while performing its duties, the employee will be placed immediately in workers compensation. The employee must complete an Employee's Claim for Workers' Compensation Benefits (DWC Form 1) and submitted to the Director of Administrative Services After receipt of the DWC Form 1, the Director of Administrative Services will complete the Employer's Report of Occupational Injury or Illness (SCIF 3067) Both forms shall be submitted to RCTC's Workers' Compensation carrier For claims not visibly identified, employees shall use its sick leave and/or vacation until such time as RCTC's Workers Compensation carner has investigated the claim At no time shall the investigation take more than 90 days All compensation received by the employee from State Compensation Insurance Fund will be tumed over to RCTC in order for the employee to continue receiving full benefits It is the desire of RCTC to provide full benefits to the employee whenever possible, however in no event shall the employee receive more benefit than they would normally receive had the injury not occurred Section 4.9 Unemployment Insurance Unemployment insurance shall be provided in accordance with the current state and federal laws Section 4.10 Continuation of Benefits Coverage RCTC shall continue contributions to the employee benefit plan and to group life insurance programs of those regular full-time employees placed on leave of absence with pay for the duration of the leave of absence. Employee contributions to such programs shall be deducted from salary payments made to the employee dunng the paid leave of absence 21 Regular employees of RCTC placed on approved leave of absence without pay may continue to participate in RCTC's benefit programs for the duration of the leave of absence RCTC contributions to the benefit plan shall cease on the effective date of the leave of absence without pay Regular employees placed on approved leave of absence without pay who want to continue participation in the benefit programs must advise the Director of Administrative Services in writing of their intention to do so and shall submit a check for the cost of the applicable coverage to the Director of Administrative Services no later than the 10th day of the month preceding the month for which coverage is effective Employees who are enrolled in the Public Employees' Retirement System and are placed on approved leave of absence with pay shall continue to accrue length of service credit for retirement purposes for the duration of the paid leave of absence Employees who are enrolled in the Public Employees' Retirement System and are placed on approved leave of absence without pay shall not accrue length of service credit for retirement purpose for the duration of the leave of absence without pay Employees who are covered under the RCTC's Long Term Disability shall cover the cost to continue benefits Section 4.11 Credit Union RCTC employees shall be eligible for membership in the Riverside County Federal Employees Credit Union on their first day of active employment Although RCTC does not formally sponsor the Credit Union and is in no way involved in credit union management, RCTC extends the courtesy of payroll deduction to credit union members Employees wishing to enroll in the Riverside County Federal Employees Credit Union shall complete a credit union membership application available through the credit union Employees may increase or reduce credit union payroll deductions at any time by submitting a written request for such action to the Accounting Department Credit union payroll deductions shall remain effective until revoked in writing by the individual employee Employees wishing to withdraw from the Riverside County Employees Federal Credit Union payroll deduction program shall submit wntten request for such withdrawal to Accounting Department at least thirty days pnor to the effective date of such withdrawal RCTC shall assume no responsibility for the management membership or loan policies of the Riverside County Employees Federal Credit Union or for the safety of credit union funds Questions concerning credit union operations shall be directed to the Manager of the Credit Union RULE 5 EMPLOYMENT HOURS Section 5.1 All Employees 22 The official workweek for RCTC non-exempt employees shall begin on Wednesday at 12 01 p m and end at 12. 00 p.m. on the following Wednesday and for non-exempt employees, their workweek shall begin on Thursday at 6 01 a.m and end at 6 00 a m. on the following Thursday Non-exempt employees, who are govemed by the Fair Labor Standards Act of RCTC shall not exceed 40 hours worked in one work week without pnor authorization from their immediate supervisor Hours worked over 40 hours in a work week will be designated as overtime Section 5.2 Exempt Benefit Levels Employees designated as either Professional/Supervisory, Management or Executive Management are not eligible for overtime pay or compensatory time for working hours over and above the normal daily work schedule. Employees so designated shall be entitled to all benefits provided to general employees Positions considered as exempt employees are Executive Director Deputy Executive Director Director of Planning and Programming Director of Administrative Services/Clerk of the Board Chief Financial Officer/Director of Management and Budget Director of Regional Issues and Communication Director of Intergovernmental and Legislative Affairs Program Manager II Program Manager I Public Information Officer Staff Analyst II Staff Analyst I Property Agent Accounting Supervisor RULE 6 LEAVE, VACATION AND HOLIDAYS Section 6.1 Sick Leave 1 Accrual Regular full time employees of RCTC, including employees in the probationary penod shall accrue four hours sick leave for each payroll period completed Regular part-time employees working less than eighty (80) hours per pay penod or fob shared positions shall receive sick leave accumulation on a pro-rata basis Eamed sick leave shall be available for use the first day following the payroll penod in which it is eamed, provided, however, that an employee must have completed six (6) months of continuous service from the employee's benefit date In no event shall an employee be entitled to receive sick leave with pay in excess of the number of sick leave days accrued at the time of illness. Therefore, an employee who has exhausted sick leave accrual and who is 23 unable to work due to illness or injury will be placed in a vacation status for the duration of the employee's vacation accrual, if any If the employee has exhausted both sick leave and vacation leave accruals, the employee shall be placed on unpaid status At such time, the employee may apply for short or long term disability insurance, whichever is applicable 2 Use The following are considered appropriate uses of sick leave accrual 1 Employees may use sick leave accrual for personal illness or injury which incapacitates the employee for duty 2. An employee who is personally undergoing medical, dental or optical treatment or examination may use sick leave accrual for required time away from work 3 Employees compelled to be absent for reason of senous illness or injury in the immediate family may use sick leave accruals For this purpose, however, immediate family is defined as spouse or minor children residing with the employee Serious illness or injury means that the family member is incapable of canng for one s self and no other person other than the employee is available to provide care 4 An employee quarantined by appropnate authority may use sick leave accruals for the duration of the quarantine penod. 5 An employee may use sick leave accrual when canng for an immediate family member suffenng from contagious disease or when the presence of an employee at work would jeopardize the health of others due to exposure to a contagious disease 3 Bereavement Leave Sick leave accrual may be used when a death occurs in the immediate family of a regular employee Such use is limited to five days and may be used only in the loss of a spouse, children, parents, parents of current spouse sister, brother grandparents, stepparents, half-brother, half-sister or any individual who may have a true parental relationship to the employee 4 Minimum Charge The minimum charge against accumulated sick leave shall be fifteen (15) minutes 5 Notice of Illness RCTC must be notified at or before the start of the employee's scheduled work day of an illness on the first day of absence. 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 with pay as well as disciplinary action, up to and including discharge 24 6 Illness Dunng Vacation Leave Employees who become ill while on approved vacation leave may request to have vacation time converted to sick leave Approval may be granted only when the employee presents a doctor's certificate verifying an illness or injury. Such conversion shall require approval of the employee's Supervisor 7 Temporary Employees Temporary, seasonal or casual employees shall not be eligible for sick leave 8 Return from Sick Leave Employees who have been on sick leave for three days or more must 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 9 Misuse Evidence substantiating the abuse and misuse of the sick leave benefit shall result in denial of sick leave with pay and may result in disciplinary action, up to and including discharge Section 6.2 Sick Leave Time Cashout Employees of RCTC with continuous of five years of service (10,400 hours of continuous services) may choose to receive for any number of hours in excess of 240 hours. An employee may choose to receive payment for unused sick leave as follows. 1 Through January 31, 2000 sick leave accrued in excess of 240 hours will be purchased back by the Commission at a rate of 100% 0 a one hours's pay for each one hour in excess of 240) 2 Beginning February 1, 2000, sick leave accrued in excess of 240 hours could be converted to vacation at a rate of 50% (i e , one hour s pay for every two hours in excess of 240) The option to receive payment for unused sick leave in excess of 240 hours under this provision may only be exercised by the employee and shall notify the Accounting Department of its intention by February 1' Section 6.3 Holiday Leave All regular employees of RCTC who are on the payroll the day before and day after a designated holiday shall be paid for said holiday Employees shall receive holiday pay for the number of hours regularly scheduled for that date Temporary or seasonal employees do not receive holiday benefits The following are approved paid holidays for RCTC (the actual day of observance may be changed at the discretion of RCTC management) 1 Day Before New Year's Day 2 New Years Day 25 3 Dr. Martin Luther King, Jr Day 4 President's Day 5 Memorial Day 6 Independence Day 7 Labor Day 8 Veteran's Day 9 Thanksgiving Day 10 Day After Thanksgiving Day 11 Day Before Chnstmas Day 12 Christmas Day 13 Floating Holiday - Birthday Holidays which fall on Saturday shall normally be observed on the preceding Fnday. Holidays which fall on Sunday shall be observed on the following Monday When a fixed holiday falls within a vacation penod, the holiday time shall not be charged against the employee's earned vacation benefits Section 6.4 Vacation Employees of RCTC shall be entitled to paid annual vacation based on length of credited service with RCTC. Employees in regular part-time positions shall accrue, on a pro-rata basis, vacation leave for completed pay periods Such vacation allowance shall be available for use on the first day following the pay penod in which it is eamed provided an employee has completed six (6) months of continuous service from the employee's benefit date as follows. All regular employees will be entitled annually to the following number of working days of vacation in accordance with record of continuous years of service Years 1 through 3 (261 through 780 days) - 10 days cumulative to 20 days years 4 through 9 (781 through 2340 days) - 15 days cumulative to 30 days years 10 or more (2341 days or more) - 20 days cumulative to 40 days Regular part-time employees of RCTC shall receive vacation leave accumulation on a pro-rata basis There shall, however, be no proration of the maximum accrual Regular part-time employees of RCTC who accept regular full-time employment with RCTC without a break in service shall receive service credit on a pro rata basis Temporary and seasonal employees of RCTC shall not be eligible for vacation leave benefits For all employees, beginning February 1, 2001, vacation leave shall cease to accrue once the employee has accrued vacation leave in an amount equal to twice that employee's annual accrual rate In such instance vacation leave accrual shall not resume until the employee has brought the amount of accrued leave to a level less than twice his or her annual accrual rate Section 6.5 Vacation Time Cashout 26 Employees who have utilized at least ten (10 ) days vacation dunng the previous fiscal year shall be permitted to cash out any accrued vacation leave in excess of eighty (80) hours on the employee's anniversary date In order to encourage employees to take at least two weeks of vacation per year, an employee with accrued vacation benefits in excess of 80 hours may have the Commission buy out that excess at the employee's then -current rate of pay An employee requesting for a vacation time buyout and has met the requirements of a vacation time buyout, must submit a written memorandum to the Accounting Department indicating the number of vacation hours for buyout by February 1st. Eamed vacation leave may be taken in multiples of one hour with the approval of the employee's immediate supervisor and at such time as will not impair the work schedule and efficiency of the department. Should employee vacation requests conflict with staffing requirement, supervisors shall arrange a mutually acceptable vacation schedule based on length of employee service and the order in which employee vacation requests were submitted. Accrued, unused vacation, in accordance to Section 6 4 shall be paid upon termination of employment Section 6.6 Administrative Leave The Executive Director may, from time to time, grant administrative leave to those employees classified as exempt who performed authorized work in excess of regular work day or regularly scheduled days off or holidays Administrative leave may not be granted as additional time for sick leave or disability use Administrative leave time shall be used within the fiscal year and may not be carned over to the following fiscal year In the event that an employee separates from its employment with the Commission the employee shall be reimbursed for the unused administrative leave time for that year. Incoming employees with exempt positions shall not be eligible for administrative leave until such time as they have successfully passed their probationary period Section 6.7 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 regular employees is more economical than adding new employees by creation of new regular or temporary position Employees of RCTC shall obtain authonzation for overtime prior to commencement of overtime for the employee s immediate supervisor or department head Employees of RCTC required to work overtime are compensated in accordance with the Fair Labor Standards Act Holiday hours shall be included in the calculation of hours worked for the purpose of overtime compensation 17 Employees of RCTC designated as exempt employees shall not be subject to the provisions of this section Section 6.8 Jury Duty Every regular employee of RCTC who is called or required to serve as a teal juror, upon notification and appropriate verification submitted to his/her supervisor, shall be entitled to be absent from his/her duties with RCTC during the penod of such service or while necessarily being present in court as a result of such call Employees shall be expected to report to work during those normal working hours which the employee is not required to be present as a juror Employees must submit evidence of jury duty to their supervisors Any jury fees paid to the employee must be turned in to RCTC A temporary employee shall be entitled to retain jury fees, since he/she may not be paid as an employee for time not actually worked Section 6.9 Leave of Absence Without Pay The Executive Director in his/her unrestncted discretion, may grant leave of absence without pay for the following reasons 1) Illness or disability when sick leave has been exhausted 2) Pregnancy, and, 3) Personal reasons acceptable to the Executive Director RCTC shall follow the regulations of California Family Rights Act of 1993 (CFRA) and Family and Medical Leave Act of 1993 (FMLA) Regulations under the CFRA and FMLA is for employers with 50 employees or more within 75 miles In requesting leave of absence without pay, the employee must request, in wntmg, specifying the penod of time and reason for the leave, to the Executive Director The Executive Director may grant leave of absence up to three months (480 hours) Any leave of absence granted shall be for specified penod and appropriate conditions may be imposed such as reguinng the employee to provide sufficient medical documentation or any other evidence documenting the leave, as required by the Executive Director Approved employee leave of absence shall be reported to the Personnel Officer Under normal circumstances, personal leave of absence shall be granted only after an employee has exhausted all vacation entitlement An employee placed on approved leave of absence status without pay shall not accrue credited service for salary review vacation and illness and injury leave purposes for the duration of the leave of absence without pay Eligibility for salary review, vacation and sick leave accrual shall be extended by the number of days an employee has been on approved leave of absence without pay Employees placed on approved leave of absence without pay shall be responsible for all health insurance premium, life insurance premiums long term disability premiums and other monthly benefit payments An employee on leave of absence for illness or disability reasons will be required to present a return to work order releasing the employee to full duty signed by his/her attending physician, pnor to being allowed to retum to work Release to retum to less than full duty will be allowed only as an accommodation as required by the Americans with Disabilities Act Upon 28 expiration of a regularly approved leave or within a reasonable penod of time after notice to retum to duty, the employee shall be reinstated in the position held at the time leave was granted Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to retum to duty, shall be deemed to have resigned RCTC employment The depositing in the United States mail of a first class letter, postage paid, addressed to the employee's last know place of address shall be reasonable notice Section 6.10 Unauthorized Leave of Absence 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 An unauthorized leave of 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 or dismiss an employee due to an unauthonzed absence RULE 7 PART TIME, SEASONAL AND TEMPORARY EMPLOYEES Section 7.1 Regular Part-time Employees Employees of RCTC designated as part-time employees shall be compensated on an hourly basis as specified by the position classification in which they are assigned Part-time employees shall accrue holidays, vacation and sick leave as provided in these Personnel Rules on a pro-rata basis Part-time employees shall receive a performance evaluation prior to the completion of six months employment with RCTC and at one year intervals in accordance with Section 3 14 of these Personnel Rules Part-time employees shall receive compensation in accordance with Section 3 12 of these Personnel Rules Part-time positions may be abolished and/or replaced with full-time positions as determined by the Executive Director Section 7.3 Temporary Employees Employees of RCTC designated as temporary employees shall be compensated on an hourly basis as specified at the time of hire Temporary employees shall not be eligible for participation in any benefit program established by RCTC except as required by State and/or Federal Law Temporary employees shall not be eligible for ment or other pay increases and will not receive performance evaluations Temporary employment may be terminated at any time without cause or pnor notice to the employee and without recourse to the grievance procedure or any other appeal right. 29 RULE 8 POLICY AGAINST EMPLOYEE HARASSMENT Section 8.1 Introduction RCTC strongly disapproves of any form of unlawful discrimination against its employees. This includes discriminatory harassment of RCTC employees It can result in high turnover, absenteeism, low morale, and an uncomfortable work environment In some cases, employee harassment may constitute a criminal offense Section 8.2 Policy Statement RCTC stnctly prohibits unlawful harassment. This includes harassment on the basis of sex, sexual orientation, race color, ancestry, religious creed, handicap or disability, medical condition, age (over 40), marital status, sexual orientation, or any other protected class under applicable law Section 8.3 Application This policy applies to all phases of the employment relationship, including recruitment, testing hmng upgrading, promotion/demotion, transfer, layoff, termination, rates of pay, benefits and selection for training. This policy applies to all officers and employees of RCTC, including, but not limited to, full- and part-time employees seasonal employees, temporary employees, casual employees, and persons working under contract for RCTC Section 8.4 Harassment Defined 1 Harassment may consist of offensive verbal, physical, or visual conduct when such conduct is based on or related to an individual's sex and/or membership in one of the above -described protected classifications, and 2 Submission to the offensive conduct is an explicit or implicit term or condition of employment 3 Submission to or refection of the offensive conduct forms the basis for an employment decision affecting the employee or 4 The offensive conduct has the purpose or effect of unreasonably mterfenng with an indmdual's work performance or creates an intimidating, hostile, or offensive working environment 5 Examples of what may constitute prohibited harassment include, but are not limited to, the following 30 • Kidding or joking about sex or membership in one of the protected classifications, • Hugs, pats, and similar physical contact, • Assault, impeding or blocking movement, or any physical interference with normal work or movement; • Cartoons, posters, and other matenals refernng to sex or membership in one of theprotected classifications, • Threats intended to induce sexual favors, • Continued suggestions or invitations to social events outside the workplace after being told such suggestions are unwelcome. • Degrading words or offensive terms of a sexual nature or based on the individual's membership in one of the protected classifications; • Prolonged stanng or leering at a person, • Similar conduct directed at an individual on the basis of race, color, ancestry, religious creed, handicap or disability, medical condition, age (over 40), mantal status, sexual orientation, or any other protected classification under applicable law. Section 8.5 Procedure Employees may pursue either internal or extemal remedies. Employees are however, strongly encouraged to report suspected harassment to the Commission for immediate investigation and the implementation of appropnate remedies. 1 Internal Reporting Procedure • Any employee who believes that he or she has been the victim of sexual or other prohibited harassment by co-workers, supervisors, clients or customers visitors, vendors, or others should immediately notify his or her supervisor or, in the alternative the Executive Director or the Personnel Officer depending on which individual the employee feels most comfortable in contacting • Additionally, supervisors who observe or otherwise become aware of harassment that violates this policy have a duty to take steps to investigate and remedy such harassment and prevent its recurrence 2 Extemal Reporting Procedure a Any employee who believes that he or she has been the victim of sexual or other prohibited harassment by co-workers, supervisors, clients or customers, visitors vendors, or others may file a complaint with the California Department of Fair Employment and Housing (' DFEH") at 275 W. Hospitality Lane, Suite 280, San Bernardino, California The phone number for DFEH is located in the phone book under govemment agencies. 31 Section 8.6 Investigation 1 Upon the filing of a complaint with RCTC the complainant will be provided with a copy of this policy The Executive Director is the person designated by RCTC to investigate complaints of harassment The Executive Director may, however, delegate the investigation his/her discretion In the event the harassment complaint is against the Executive Director, an investigator shall be appointed by the Commission 2 Charges filed with the DFEH are investigated by the DFEH In the event that an internal investigation has also been conducted by the Commission the results of the Commission s investigation may be used to form the basis of the Commission's response to any charges filed with the DFEH Section 8.7 Internal Documentation Procedure 1 When an allegation of harassment is made by an employee, the person to whom the complaint is made shall immediately prepare a report of the complaint according to the preceding section and submit it to the Executive Director or his/her designee (or in the event the complaint is against the Executive Director, to the investigator appointed by the Commission) 2 Investigations shall be commenced immediately and shall be completed without unnecessary delay. The investigator shall make and keep a wntten record of the investigation, including notes of verbal responses made to the investigator by the person complaining of harassment, witnesses interviewed dunng the investigation, the person against whom the complaint of harassment was made, and any other person contacted by the investigation in connection with the investigation The investigator's notes shall be made at the time the verbal interview is in progress Any other documentary evidence shall be retained as part of the record of the investigation Upon completion of the investigation, the results shall be given to the complainant the alleged harasser, and the Personnel Officer 3 Based on the report and any other relevant information, the Executive Director (or the Commission in the event the complaint is against the Executive Director) shall within a reasonable period of time, determine whether the conduct of the person against whom a complaint has been made constitutes harassment In making that determination the Executive Director (or the Commission, in the event the complaint is against the Executive Director) shall look at the record as a whole and at the totality of circumstances, including the nature of the conduct in question; the context in which the conduct, if any, occurred, and the conduct of the person complaining of harassment The determination of whether harassment occurred will be made on a case -by -case basis by the Executive Director (or the Commission, in the event the complaint is against the Executive Director) 32 Section 8.8 Confidentiality All records and information relating to the investigation of any alleged harassment and resulting disciplinary action shall be confidential, except to the extent disclosure is required by law, as part of the investigatory or disciplinary process, or as otherwise reasonably necessary Section 8.9 Remedies 1 Disciplinary Action 1 If the Executive Director (or the Commission, in the event the complaint is against the Executive Director) determines that the complaint of harassment is founded, the Executive Director (or the Commission, in the event the complaint is against the Executive Director) shall take immediate and appropriate disciplinary action consistent with the requirements of law and any personnel policies or procedures pertaining to employee discipline Other steps may be taken to the extent reasonably necessary to prevent recurrence of the harassment and to remedy the complainant's loss, if any. 2 Disciplinary action shall be consistent with the nature and severity of the offense, the rank of the harasser, and any other factors relating to the fair and efficient administration of RCTC's operations 2 In the event a complaint is filed with the DFEH and the DFEH finds that the complaint has ment, the DFEH will attempt to negotiate a settlement between the par -ties If not settled, DFEH may issue a determination on the meats of the case. 1 Where a case is not settled and the DFEH finds a violation to exist, it can prosecute the charging party's case before the Fair Employment and Housing Commission ("FEHC") Legal remedies available through DFEH and FEHC for a successful claim by an applicant, employee, or former employee include possible reinstatement to a former lob, award of a lob applied for, back pay front pay, attomeys' fees, and under appropnate circumstances, actual damages and/or administrative fines 2 In the alternative, where the DFEH determines that a complaint lacks meat, or within 150 days after filing a complaint with the DFEH, the DFEH shall inform the alleged victim of his/her nght to request a nght-to-sue notice. Upon request by the alleged victim, the DFEH may grant permission to withdraw the case and pursue a court action Section 8.10 Retaliation Retaliation against anyone for opposing conduct prohibited by this policy or for filing a complaint 33 with or otherwise participating in an investigation, proceeding or hearing conducted by RCTC DFEH, or FEHC is strictly prohibited and may subject the offending person to, among other things, disciplinary action, up to and including, termination of employment Section 8.11 Employee Obligation 1 Employees are not only encouraged to report instances of harassment, they are obligated to report instances of harassment Harassment is wrong and it exposes the Commission to potential liability, and a part of each employee's job is to reduce the Commission's exposure to liability 2 Employees are required to cooperate in every investigation of harassment, including, but not necessanly limited to 1 Coming forward with evidence, both favorable and unfavorable to a person accused of harassment; and 2 Fully and truthfully making a wntten report or verbally answenng questions when required to do so dunng the course of a RCTC investigation of alleged harassment 3 Knowingly, falsely accusing someone of harassment or otherwise knowingly giving false or misleading information in an investigation of harassment shall be grounds for disciplinary action up to and including, termination of employment RULE 9 OUTSIDE ACTIVITIES Section 9.1 Authorization for Outside Activities Although RCTC recognizes the employee's right to engage in pnvate and/or commercial activities outside the normal working hours, RCTC expects each employee to avoid those outside activities which are a conflict of interest or which may potentially become a conflict of interest Therefore, all employees interested in pursuing pnvate 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 supervisor for approval A copy of the wntten explanation and approval or disapproval by the department head shall be forwarded to the Director of Administrative Services for insertion in the employee's personnel file Section 9.2 Prohibited Activities Employees shall avoid outside activity with individuals or companies doing business with or soliciting business from RCTC Employees shall not engage in outside activity which may unduly influence professional decisions, actions or judgment made on behalf of RCTC. 34 Employees shall not engage in outside activity which may depnve RCTC of their time attention and loyalty during normal working hours Employees shall not engage in outside activity which may require confidential information concerning RCTC Employees shall avoid significant financial interest in companies doing business with or soliciting business from RCTC. Employees shall not engage in outside activity reguinng the use of RCTC property, equipment or supplies Employees shall not use RCTC stationary, forms or equipment, including telephones and postage, in any capacity not directly related to the performance of assigned duties with RCTC Section 9.3 Conflicting Activity Employees conducting outside activities conflicting with, compromising or reflecting unfavorably upon RCTC interests shall be requested to terminate such activities. Employees continuing to conduct outside activities conflicting with, compromising or reflecting unfavorably upon RCTC interests, after a request to terminate such activities, shall be subject to disciplinary action Discipline shall be administered in accordance with these personnel policies RULE 10 TUITION REIMBURSEMENT PROGRAM Section 10.1 Eligibility Regular full-time employees of RCTC, who have completed at least 2080 hours of consecutive service shall be eligible for tuition reimbursement pursuant to this section The Commission will make available a maximum of $25 000 per fiscal year for tuition reimbursement Effective July 1, 1998, an employee will be reimbursed up to $2,500 as adjusted by inflation to cover tuition expenses incurred in any fiscal year If total employee tuition reimbursement requests exceed available funding in a given fiscal year, reimbursement will be made on a pro-rata basis measunng total reimbursement requests against total funding available Requirements for tuition reimbursement are as follows a Courses are satisfactorily completed b Appropriate proof of successful completion are submitted to the Personnel Officer c Course of instruction will enable the employee to perform their present duties more effectively or will prepare them for future opportunities into which they 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 35 Employees shall be eligible for reimbursement of tuition, textbooks, registration fees and laboratory fees related to an approved course of instruction Employees shall be limited to a maximum reimbursement of $2,500 or the adjusted inflated amount per employee per 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 For the purpose of this policy, an accredited educational institution shall be defined as any technical vocational, college, university, business or high school which has been accredited by a recognized govemmental or professional accrediting body and has been approved by the Executive Director Employees shall submit a Tuition Reimbursement Request to their immediate Supervisor for approval pnorto registration for the course. The immediate supervisor will review the request for compliance with RCTC policies and either approve or disapprove the request If the request is denied the immediate supervisor will state the reason for denial in the appropnate box The supervisor shall forward the completed form to the Executive Director with a copy to the Director of Administrative Services for review to assure compliance with RCTC policy One copy of the completed form shall be forwarded to the employee Section 10.2 Application for Reimbursement Employees who successfully complete an approved course shall submit a request for reimbursement to the Director of Administrative Services. Such 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 The Director of Administrative Services shall attach the required documentation to the Tuition Reimbursement Request and forward one copy to the Accounting Department for processing The Accounting Department shall prepare a reimbursement check payable to the employee and forward the check to the employee Section 10.3 Repayment of Tuition Reimbursement As part of the Tuition Reimbursement Request, the employee shall agree that upon voluntary termination of employment within 24 months following receipt of a tuition reimbursement, there shall be a deduction from their final check in an amount equal to the tuition reimbursement prorated over the 24-month period The Director of Administrative Services shall maintain records of those employees participating in the Tuition Reimbursement Program including the academic performance of employees RULE 11 VEHICLE OPERATION POLICY 36 Section 11.1 Policy Dunng the course of employment with RCTC, employees may be required to operate their personal vehicles to perform their assigned duties Because of this requirement a valid California driver's license, a satisfactory dnwng record, and proof of insurance are conditions of employment with RCTC No employee shall operate or dnve any motor vehicle on behalf of RCTC unless the employee is licensed for the class of vehicle to be driven maintains a satisfactory dnwng record and maintains adequate insurance Section 11.2 Driver's's License All applicants for employment and current employees of RCTC shall be required to maintain a valid California Driver's License Section 11.3 Driver's's Record All applicants for employment with RCTC are required to possess a satisfactory dnwng record On an annual basis, RCTC will perform a Department of Motor Vehicle check on employees that are required to dnve and travel to meetings outside of RCTC offices All current employees of RCTC shall be required to maintain a valid dnver's license as a continuing condition of employment as set forth in Section 2 13 of these Policies RULE 12 EXPENSE REIMBURSEMENT Section 12.1 Travel Expenses RCTC shall reimburse employees and officers of RCTC for travel, lodging and other expenses directly related to the conduct of RCTC business Employees shall provide receipts for registrations, air or rail transportation, lodging, meals, and automobile rental a Automobile - An RCTC vehicle may be used for official RCTC business as approved by the employee's supervisor Use of such vehicle by more than one employee on official RCTC business making the same tnp is encouraged Employees may reserve a RCTC vehicle in advance RCTC vehicles are to be retumed to the RCTC parking site at the completion of RCTC business Under no circumstances shall RCTC vehicles be taken home or parked off site unless approved in writing by the Executive Director, or in the event of specific cases as it relates to RCTC vehicle use must be approved by RCTC Vehicle keys shall be retumed to the appropnate location upon completion of the business tnp RCTC vehicles shall be retumed to the designated location with a full tank of gasoline b Automobile (Rental) - Rental charges for automobiles shall be limited to the reasonable 37 cost of non -luxury or specialty vehicles. Approval of rental vehicles shall be approved only when reasonable and necessary. c Automobile (Personal) -Use of personal automobile for authorized travel shall be reimbursed at the fixed rate per mile as set by the Internal Revenue Service plus toll and parking fees. For long distance travel, reimbursement shall not exceed the cost of commercial or public transportation for such travel Any incidental travel will be reimbursed at the Internal Revenue Service rate d Air - Employee air travel shall be at coach accommodations on regularly scheduled air service unless only single class service is offered or unless the cost differential between first class and coach accommodations is less than ten dollars e Lodging - Lodging in commercial hotels and motels shall be restncted to standard accommodations. When traveling to attend conferences, lodging may be at designated conference hotels Every effort will be made to obtain govemment rate f Meals - Expenses for meals, including reasonable tips, shall be reimbursed as follows $10 - breakfast, $15 - lunch, and $25 - dinner Any meals exceeding the dollar amount as noted would be reimbursed upon presentation of a receipt which documents the attendees and the purpose of the meeting associated with the meal An employee conducting Commission business out of town and is unable to present a receipt will be allowed to be reimbursed $40 per day to cover all meals. Employees are encouraged to present receipts at all times when reimbursement is requested g Communications - Expenses for telephone and telegraph charges shall be kept to a minimum and shall be reimbursed for business purposes only For travel requiring an overnight stay telephone charges for personal calls is permitted h Registration Fees - Whenever possible, registration and payment for registration fees should be made in advance The actual cost of registration for approved classes, seminar conferences, etc shall be reimbursed by RCTC i Business Expenses- Business meetings, luncheons dinners and entertainment expenses shall be reimbursed only when such expense is reasonable and clearly identifiable as relevant to RCTC business Section 12.2 Other Official Expense Reimbursement Other official expenses of a non -personal nature may be approved if supported by receipts and a justification for the charge Laundry and dry cleaning charges will not be allowed unless the trip is more than one week in duration. Section 12.3 Travel Reimbursement 38 Employees shall be required to complete an expense reimbursement form in order to obtain reimbursement for expenses The expense reimbursement form with supporting receipts and documentation shall be attached to the expense reimbursement form and submitted to the Accounting Department The Accounting Department shall reimburse approved employee travel expenses by check. Section 12.4 Travel Advance Travel advance could be granted by the Executive Director to employees traveling on RCTC business to defray the expenses of such travel only under extraordinary circumstances This could be done by completing a cash advance request RCTC will extend an advance on travel expenses for all employees who are engaged in business travel that extends beyond one day Travel advance could only be granted by the Executive Director or the Deputy Executive Director up to $200 Travel advance for the Executive Director will be in accordance to his employment agreement Approved employee cash advance requests shall be submitted to the Accounting Department for payment at least five working days prior to the date of travel All employee cash advances shall be accounted for on an approved employee reimbursement form, by return of the advance funds or by a combination of these items Section 12.5 Personal Automobile Travel In the event of accident employees using a personal automobile for authorized travel in conducting RCTC business must rely on personal assets, including insurance, for financial protection Although RCTC interests are protected by insurance, RCTC of provides no 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 automobile in conducting RCTC business Employees suffering injury, dismemberment or death ansing from an accident incurred in the performance of RCTC business shall be covered under terms of the California Workers Compensation policy RULE 13 EMPLOYEE CONDUCT AND DISCIPLINE Section 13.1 Procedure The Executive Director, with justification for such action shall have the nght to demote, dismiss, reduce in pay, or suspend an employee without pay Notice of such action must be in wnting 13 1 1 A regular status employee shall be good cause for dismissal, demotion 39 reduction in compensation, suspension or any other action taken for disciplinary reasons as a result of the following examples of performance or behavior This listing is representative and does not exhaust all possible situations where disciplinary action may be required Discipline shall be administered in a fair and consistent manner and without regard to race, religion, age, sex or national origin or other unlawful consideration i Dishonesty u Incompetence ui Unsatisfactory or negligence in lob performance iv Insubordination, including actions that involve resistance to, defiance of, or refusing to carry out a supervisor's lawful orders v Absence without leave vi Discourteous treatment of the public or other employees vii Physical or mental unfitness to perform duties 13 1 2 The Executive Director may take disciplinary actions ranging from informal conversations to termination depending on the nature of the problem The type of discipline may be more of the severe disciplinary actions such as • Counseling This is an informal discussion with the employee to review standards, to evaluate his/her strengths and weaknesses, or to offer suggestions or remedy for his/her performance or behavior problem • Repnmand The employee may be given an oral warning to improve performance and/or behavior, or, a wntten notice that indicates that further disciplinary action may be taken unless performance or behavior improves • Suspension. A permanent status employee shall not be suspended for more than 40 working days • Demotion An employee may be assigned to a lower paying position or salary step • Termination An employee may be removed from RCTC service 13 1 3 The Executive Director shall follow the pre -discipline (Skelly) process in all cases where the disciplinary action involves employee property nghts such as loss of pay, suspension without pay demotion or termination • Pre -disciplinary hearings. Prior to the imposition of a major disciplinary action which shall include, but is not limited to an unpaid suspension of more than five (5) days, demotion, reduction 40 in pay of one (1) month or more or discharge all regular employees shall be presented with a wntten Notice of Proposed Disciplinary Action informing the employee as to his/her nght to a pre -disciplinary heanng. The pre -discipline process is as follows - Notice of Proposed Action - A written notice of the proposed disciplinary action will be delivered to the employee - Reason(s) for the Proposed Action - Reason(s) for the proposed disciplinary action will be delivered to the employee - Matenals Supporting Proposed Action - The employee will be given a copy of or be provided access to, written materials, reports and documents, if any, upon which the action is based - Right to Respond - The employee will have the right to respond within a reasonable time (5 working days) either' a) orally, b) in writing, or, c) both orally and in writing, either in person or through a representative to the Executive Director. - Notice of Determination -The Executive Director will notify the employee by a written notice of a) discipline, b) the ongmal allegation(s) c) the determination as to the charges, d) the level of disciplinary action to be received, e) any applicable final admonition(s) and appeal rights The Executive Director will notify the employee if no disciplinary action will be taken. • Any time that an employee is to be disciplined (written reprimand, Skelly meeting, grievance meeting) or to be interviewed regarding a matter in which there is reason to believe that the employee may be disciplined, he/she will have the right for representation It is the employee s responsibility to notify the Executive Director that they will have representation at the meeting and failure to request will constitute waiver to representation at that stage 13 1 4 Whenever in the judgement of the Executive Director an employee does not satisfactorily fulfill the requirements of a position to which the employee was promoted and is presently serving promotional probation penod, such an employee shall be terminated unless there is a vacancy within the employee s lob classification immediately pnor to promotion In this event, the employee may be retumed to his/her most recently held position, pay and seniority at the option of the Executive Director Notice of such action must be in wnting 41 RULE 14 GRIEVANCE PROCEDURE Section 14.1 Policy RCTC has established a gnevance procedure Gnevances are defined in Section 1.8 of these policies and procedures Employees of RCTC shall be required to comply with the procedures set forth regarding items which are gnevable under these policies Complaints involving performance evaluations, denial of meat pay increases, employee classification, disciplinary actions, refection from probation, and termination of seasonal, temporary, and casual employees are not gnevable Employees of the RCTC who pursue grievances according to the provisions of RCTC Grievance Policy and Procedure shall be free of harassment by fellow employees, supervisors and administration and shall in no way effect their present or future employment status Section 14.2 Steps in the Grievance Procedure The steps of the gnevance procedure are as follows A Gnevances must be discussed with the employee's immediate supervisor, or his/her superior in the event that the employee's problem is with the supervisor, within five (5) working days of the occurrence of the event giving nse thereto. The supervisor or his/her superior will attempt to resolve the matter and will, within a reasonable period of time issue his/her decision on the matter in wnting B If not previously resolved, the employee may, within five (5) days of receiving the written decision of the employee's supervisor, submit a written request for review by the Executive Director The Executive Director or his/her 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 receipt of the request and the wntten decision of the supervisor C If the employee is dissatisfied with the determination of the Executive Director, the employee shall, within two (2) working days of receipt of the Executive Director's determination, notify the Director of Administrative Services of the employee's desire to appeal such determination Said notice shall be in writing. D The Director of Administrative Services shall arrange a meeting between the employee the Executive Director and the RCTC Chairman At such meeting, discussion shall be limited to the issues raised in the initial grievance complaint and an eamest effort shall be made to resolve the problem E Following the meeting, the Director of Administrative Services shall issue a statement of the conclusions and findings of the meeting The findings issued 42 shall be final RULE 15 LAYOFF POLICY AND PROCEDURE Section 15.1 Policy Whenever in the judgement of the Executive Director, it becomes necessary, either in the interest of economy, or because the necessity for a position no longer exists, the employee holding such position may be laid off without disciplinary action being taken and without the right of appeal or heanng unless otherwise required by law Section 15.2 Order of Lay-off The Executive Director shall designate the job classification(s) to be affected and the number of employees to be eliminated within the organization The Executive Director shall take into consideration the lob performance, length of service of employees, and other relevant factors in prepanng a recommended lay-off list provided, however, that no regular or probationary employee shall be laid off from his/her position in any department while any temporary, seasonal casual or contract employee is serving in the same lob descriptions within the organization Section 15.3 Reemployment List The names of regular and probationary employees laid off or demoted in lieu of lay-off shall be placed upon reemployment lists for six months for those classes requiring basically the same qualifications duties and responsibilities of the class from which lay-off or demotion in lieu of lay-off was made RULE 16 REPORTS AND RECORD KEEPING Section 16.1 Personnel Files The Director of Administrative Services shall maintain a personnel record for each employee in the service of ROTC 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 Section 16.2 Change of Status Report Every appointment, transfer, promotion, demotion, change of salary rate, or any other temporary or permanent change in status of employees shall be reported to the Director of Administrative Services Section 16.3 Personnel Action Form 43 A personnel action form shall be completed for each employee hired by RCTC. The personnel action form shall include all employee information including benefit selection information A copy of the personnel action form shall be included in the employee's personnel file The Executive Director must approve all personnel action forms as a result of an appointment, promotion, demotion, transfer and dismissal Section 16.4 Time Cards All RCTC employees shall be required to complete a time card recording all hours worked, vacation sick leave, administrative leave, etc. Time cards shall be signed by the employee's supervisor and forwarded to the Payroll Department no later than 12 noon on the next day following the end of the pay period. In the case of the Directors, time cards shall be signed by the Executive Director or the Deputy Executive Director Section 16.5 Records Review and Access The Director of Administrative Services shall review each employee's file annually and eliminate mappropnate or outdated information Access to employee records is restricted to the following. 1 Personnel department employees with a business need -to -know 2 The direct supervisor of an individual employee with a business need -to -know 3 The Executive Director with a business need -to -know Section 16.6 Employee Access An employee may examine his or her 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 in the presence of a Personnel representative The employee may not, however, remove any item from the file Section 16.7 Disclosure of Employee Information All requests for information about a current retired or terminated employee must be referred to the Director of Administrative Services The Director of Administrative Services may disclose to prospective employers dates of employment, final title or position and fob location With the employee's wntten permission, the Director of Administrative Services may give employment and salary history. Information will be given to duly authorized requests from law enforcement agencies including investigations, summonses, subpoena and judicial orders RCTC need not inform an employee that personal information has been disclosed to law enforcement agencies if it concems an investigation into the employee's on -the -fob conduct, especially when an employee's actions endanger other employees or RCTC security and property 44 Section 16.8 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 RULE 17 RCTC Computer, Word Processing, Electronic and Voice Mail Confidentiality (Access and disclosure) Policy Section 17.1 Purpose The purpose of computer and other electronic systems, including, but not limited to word processing, electronic and voice mad are to provide an efficient and effective means of internal and external communications This policy addresses access to and the disclosure of information from such electronic systems. RCTC computer, word processing, electronic and voice mad systems are a business tool These systems will be used in a professional manner for legitimate business purposes only and at all times remain the property of RCTC Section 17.2 Access and Disclosure Because all computer, word processing electronic and voice mad systems remain the property of RCTC and are for official RCTC use only, records, files, transmissions, passwords and other products or contents of these systems are not confidential therefore, employees can have no expectation of pnvacy in any documents or other materials they write, receive, store, or send in the use of these systems RCTC reserves the right to access and disclose all products and contents of these systems for any purpose RCTC reserves the right to monitor use of these systems to prevent abuse enforce other policies, and access information Access may occur because but is not limited to situations indicating impropriety, violation of RCTC policy, legal requirements suspected cnminal activities, breach of system secunty or to locate substantive information or monitor employee performance and conduct The contents of these systems may be disclosed within or outside of RCTC without employee permission rights RCTC has unlimited access to protect the security of these systems or RCTC's property Section 17.3 Personal Use 45 Incidental and occasional personal use of the electronic systems covered by this Policy is permitted within RCTC, but such use will be treated no differently from official use There is no expectation of pnvacy with respect to such personal use as such use is subject to the same access and review rights of any other use of these systems. Section 17.4 Guidelines for the Use of E-Mail 1 RCTC s electronic mail system is for official RCTC business and shall not be used for unrelated purposes, including, but not limited to, the following 1 To send "chain" or similar type "letters" 2 To send documents in violation of copyright laws 3 To knowingly open mad not directed to you. 4 To use for personal or social purposes other than occasional, incidental use is permitted 5 To send messages in violation of RCTC secunty policies 6 To forward electronic messages without a legitimate business purpose under circumstances likely to lead to embarrassment of the sender or to violate the clearly xpressed desire of the sender to restrict additional dissemination 2 Avoid 'carbon copying" individuals who have NO direct involvement or "need -to -know Likewise, " e-mail " should only be used on very rare occasions when every person on the system has a direct need to know E-mail communications should only be disclosed to authorized employees 3 Avoid ' forwarding" e-mail to a third party unless necessary (see "carbon copying") When forwarding explain the reason for the forwarding action and edit out any potentially inappropriate contents If in doubt about the appropriateness of forwarding a given piece of mad, check with the onginator for guidance 4 When sending an e-mail requiring "action," be sure to indicate which "TO" addressee(s) is/are to take the action 5 Do not "say anything in an e-mail message that could prove embarrassing or compromising to you or others Despite what you think, e-mail is not a "pnvate" system (see RCTC policy regarding access and disclosure) 6 Avoid potentially contentious exchanges through e-mail. 7 Remember that you are solely responsible for the management of your mailbox and its associated folders E-mail documents will remain in a folder until you " delete " or " trash ' them Even then they still exist in your "wastebasket ' "Wastebaskets can be purged manually or automatically by setting the purge cycle This cycle can be set from "O" days to never A purge cycle of 7-10 days is considered appropriate E-Mad that you wish to maintain for longer penods should remain in their specified folders and/or converted to 46 hard copy. 8 Use common sense in determining when to use e-mail, in what is said, and to whom 9 Language which is insulting, offensive, disrespectful demeaning, or sexually suggestive will not be tolerated Harassment or any form, sexual or ethnic slurs, and obscenities or any representation of obscenities, or to send anonymous communications is stnctly prohibited Sending a carbon copy of these types of offensive e-mail messages to a separate party will not be tolerated Failure to comply will result in disciplinary action up to and including termination It is important to understand that electronic communications are the property of RCTC, are subject to complete access and review by RCTC officials , may be subpoenaed by a court of law, and are not subject to a nght of pnvacy 47