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20170222 - Agenda Packet - Board of Directors (BOD) - 17-05
SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, February 22, 2017 Special Meeting starts at 6:00 PM* Regular Meeting starts at 7:00 PM* A G E N D A 6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – STUDY SESSION ROLL CALL 1. District Lobbyist Legislative Update for 2017 (R-17-22) Staff Contact: Joshua Hugg, Legislative/External Affairs Specialist General Manager’s Recommendation: Receive legislative briefing by Public Policy Advocates. ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS The Board President will invite public comment on items not on the agenda. Each speaker will ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. If you wish to address the Board, please complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance during this section. ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY x Introduction of staff o Melanie Askay, Grants Specialist Meeting 17-05 CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve February 8, 2017 Minutes 2. Approve Claims Report 3. Memorial Grove Signage Plan Proposed by Save the Redwoods League Associated with an Existing Partnership at Purisima Creek Redwoods Open Space Preserve (R-17-20) Staff Contact: Alicia Halpern, Planner I General Manager’s Recommendation: 1. Approve the Memorial Grove Signage Plan at Purisima Creek Redwoods Open Space Preserve to minimize individual donor signage and install a centralized recognition signboard based on a Committee-selected design option. 2. Authorize the General Manager to enter into a sign maintenance and replacement agreement with Save the Redwoods League. 4. Approval of Amendments to the Personnel Policies and Procedures Manual (R-17-23) Staff Contact: Candice Basnight, Human Resources Supervisor General Manager’s Recommendation: Approve the recommended changes to the Personnel Policies and Procedures Manual as set out in the staff report. BOARD BUSINESS The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. 5. Adoption of a Use and Management Plan Amendment for El Sereno Open Space Preserve Designating All Trails Open to Dogs On-Leash Except for a Trail Segment Over San Jose Water Company Property (R-17-21) Staff Contact: Alicia Halpern, Planner I General Manager’s Recommendation: 1. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act, as set out in the staff report. 2. Adopt a Use and Management Plan Amendment designating all trails at El Sereno Open Space Preserve open to dogs on-leash, except a 0.3-mile portion of the Aquinas Trail over San Jose Water Company property. 6. Restructuring of Human Resources within Administrative Services, and related changes to the Classification and Compensation Plan (R-17-24) Staff Contact: Kevin Woodhouse, Assistant General Manager General Manager’s Recommendation: Accept a report on the classification recommendations for the Human Resources Division and adopt a resolution amending the District’s Classification and Compensation Plan to add a Human Resources Manager. INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for information; request staff to report to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property:City of Campbell, Assessor’s Parcel Number 412-32-014 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Brent Dressen, Colliers International Under Negotiation:Fee Title ADJOURNMENT *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and available for review on February 17, 2017, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Jennifer Woodworth, MMC District Clerk R-17-22 Meeting 17-05 February 22, 2017 SPECIAL MEETING AGENDA ITEM 1 AGENDA ITEM District Lobbyist Legislative Update for 2017 GENERAL MANAGER’S RECOMMENDATION Receive legislative briefing by Public Policy Advocates. SUMMARY Representatives from Public Policy Advocates, LLC (PPA) the District’s legislative consultant in Sacramento, will attend the special meeting of the Board of Directors on February 22, 2017. They will present a legislative briefing on matters of interest to the District. They will also provide an overview of the current legislative climate in California, its possible effect on the upcoming State legislative session, the state budget,and other matters relating to his services as the District’s legislative consultant. MEASURE AA This informational item has no direct connection to Measure AA Priority Actions. DISCUSSION PPA has been representing the District for several decades. Under their most recent contract for the 2017 calendar year, they provide legislative monitoring, consulting, and lobbying services. Their services include: 1. Representation in the State Capitol with respect to the District’s 2017 California legislative program. 2. Identifying and monitoring all legislation concerning issues of interest to the District 3. Participation and attendance at meetings, upon the request of the District 4. Preparation, execution, and filing (based on information to be furnished on a timely basis by the District), by and through PPA’s designee, of all reports/filings required by the Political Reform Act of 1974 The report to the Board by PPA will consist of an update on: x Current makeup and tone being set in the new legislative session x Legislative update on District-sponsored bills, (Beall and Hill) x Other important bills – Park bond measures - AB 18 (Garcia) & SB 5 (De Leon) R-17-22 Page 2 x Any other significant bills introduced prior to Feb. 22. x Pension reform update. x Relevant water legislation, cap & trade activity. x The approach the California Legislature (and Governor) are taking to potential changes in Federal environmental policy. FISCAL IMPACT None. BOARD COMMITTEE REVIEW This item was not previously reviewed by Board Committees. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS The Legislative/External Affairs Specialist and PPA will bring legislative agenda updates and proposals to the Board throughout the state legislative session. Responsible Department Head: Kevin Woodhouse, Assistant General Manager Prepared by: Joshua Hugg, Legislative/External Affairs Specialist February 8, 2017 Board Meeting 17-04 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, February 8, 2017 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Hassett called the special meeting to order at 6:01 p.m. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Nonette Hanko, Larry Hassett, Curt Riffle, and Pete Siemens Members Absent: Yoriko Kishimoto Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Real Property Manager Mike Williams, Senior Real Property Agent Allen Ishibashi, Assistant General Manager Ana Ruiz, Assistant General Counsel Hilary Stevenson 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. (Government Code Section 54956.9(d)(1)) Name of Case:Midpeninsula Regional Open Space v. Mount Umunhum Limited Partnership, et al; Santa Clara County Superior Court Case Number 1-15-CV-289553 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to 54956.9(b):(one potential case) Public comments opened at 6:01 p.m. No speakers present. Public comments closed at 6:01 p.m. The Board convened into closed session. Meeting 17-04 Page 2 Staff members Ana Ruiz, Hilary Stevesnon, Mike Wiliams, and Allen Ishibashi left the closed session following the first item. President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 5:50 p.m. REGULAR MEETING President Hassett called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:00 p.m. President Hassett reported the Board met in closed session, and no reportable action was taken. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Nonette Hanko, Larry Hassett, Curt Riffle, and Pete Siemens Members Absent: Yoriko Kishimoto Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, District Clerk/Assistant to the General Manager Jennifer Woodworth, Land and Facilities Manager Brian Malone, Senior Property Management Specialist Elaina Cuzick ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Hanko seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Kishimoto absent) SPECIAL ORDERS OF THE DAY x Introduction of Staff O Deborah Bazar, Support Services Management Analyst II CONSENT CALENDAR Public comment opened at 7:07 p.m. No speakers. Public comment closed at 7:07 p.m. Meeting 17-04 Page 3 Motion: Director Riffle moved, and Director Cyr seconded the motion to approve the Consent Calendar. VOTE: 6-0-0 (Director Kishimoto absent) 1. Approve January 24, 2017 and January 25, 2017 Minutes 2. Approve Claims Report 3. Award of Contract with Waterways Consulting, Inc. for the preparation of construction documents, construction bid process support, and construction oversight for road infrastructure improvements to facilitate public access at Bear Creek Redwoods Open Space Preserve (R-17-17) General Manager’s Recommendation: Authorize the General Manager to enter into a multi-year professional services contract with Waterways Consulting, Inc. to prepare construction documents, support the construction bid process, and to provide technical construction oversight, including a 15% contingency of $21,216 to cover potential unforeseen requirements, for necessary road upgrades to facilitate public access at Bear Creek Redwoods Open Space Preserve for a not-to-exceed total contract amount of $162,651. BOARD BUSINESS 4. New Board Policy Titled Housing Policy (R-17-11) Senior Property Management Specialist Elaina Cuzick provided the staff presentation summarizing the process of developing the proposed policy, including creation of a multi- departmental team to study policies at similar public agencies, prioritize tenant classifications, and provide guidelines for potential rental discounts for each tenant classification. Ms. Cuzick described the potential fiscal impact of transitioning market rate housing to employee residences. Finally, Ms. Cuzick provided a housing inventory map of current District-owned housing. Directors Cyr and Riffle commented on the Legislative, Funding, and Public Affairs Committee’s work on the policy. Director Harris requested clarification regarding term limits and whether an employee would have to leave the housing upon separation from the District. Ms. Cuzick explained employees would be required to leave the housing upon separation from the District. The term limits refer to whether there would be limits on how long current employees would be allowed to remain in District housing. Director Harris requested clarification regarding potential housing stipends for employee recruitment and retention. Ms. Cuzick explained this benefit would be used as a final offer to recruit high-level staff members for upper level management positions. The specifics of administering this benefit will be developed as part of a planned administrative procedure. Meeting 17-04 Page 4 Public comment opened at 7:27 p.m. San Mateo County Supervisor Don Horsley spoke in favor of the proposed housing policy and regarding the San Mateo Jobs/Housing Gap Task Force. Supervisor Horsley spoke regarding the high need for housing in the Bay Area and the need for agricultural housing to help preserve the San Mateo Coast’s agricultural heritage. Public comment closed at 7:31 p.m. General Sheryl Schaffner commented on the 1090 contracting ban stating Government Code 1091(b)(5) contains a specific exception that allows for a landlord/tenant contract. Therefore, use of potential housing stipend or District housing to aid in the recruitment of high-level employees is allowable. Motion: Director Riffle moved, and Director Harris seconded the motion to approve the new Board Housing Policy as recommended by the Legislative, Funding, and Public Affairs Committee, which supersedes the Board’s 1982 Employee Residence Policies. VOTE: 6-0-0 (Director Kishimoto absent) 5. Revision of Board Policy 4.02, Improvements on District Lands and Board Policy 4.09,Factors to Consider for Structures Disposition (R-17-10) Ms. Cuzick explained several revisions are being proposed to the two policies describing how the District manages District residences and structures based on the proposed housing policy, including direction on what uses the District makes of improvements and what factors should be taken into account when making decisions on the disposition of District improvements. Proposed revisions include: x Incorporating the need for agricultural housing. x Language changed to allow for the maintenance of structures that are compatible with the open space character solely for the purpose of revenue generation. x Allow retention and maintenance of structures for revenue generation that do not serve a District purpose x Language was added so that the criteria could be used to evaluate constructing new structures as well as determining the disposition of existing structures x Definition of how the Agricultural Value of structures affects the structure’s disposition x Removed Public Sentiment and Input Factor x Condition of a structure and site conditions added as factors to consider Director Riffle inquired if the proposed policy revisions would limit the construction of a new administrative office. Land and Facilities Manager Brian Malone reported this issue was studied by staff, and the proposed policy revisions would not prevent the District’s building a new administrative office. Director Siemens suggested removing the final sentence from Board Policy 4.02, section 5 “Improvements as Income Sources” or replacing the language with “In general, it is the Board policy to not construct structures solely for revenue generation.” Meeting 17-04 Page 5 Public comment opened at 7:52 p.m. No speakers present. Public comment closed at 7:52 p.m. Motion: Director Cyr moved, and Director Siemens seconded the motion to approve revisions to Board Policy 4.02, Improvements on District Lands with the removal of “Improvements will not be constructed solely for producing revenue but may be constructed if they also serve a District purpose” from and modify the first sentence to state “improvements may be maintained or constructed solely for the purpose…” in Board Policy 4.02, section 5 “Improvements as Income Sources.” VOTE: 5-0-0 (Director Kishimoto absent; Director Hanko dissenting) Motion: Director Cyr moved, and Director Siemens seconded the motion to approve revisions to Board Policy 4.09, Factors to Consider for Structures Disposition with the removal of the reference to radar tower in section J “Tradeoffs and Impacts on District Resources” to read “Any determination about a structure, will also need to be judged against other competing projects…” VOTE: 6-0-0 (Director Kishimoto absent) Motion: Director Cyr moved, and Director Siemens seconded the motion to reconsider the Board’s decision regarding Board Policy 4.02. VOTE: 6-0-0 (Director Kishimoto absent) Motion: Director Cyr moved, and Director Siemens seconded the motion to approve revisions to Board Policy 4.02, Improvements on District Lands with the removal of “Improvements will not be constructed solely for producing revenue but may be constructed if they also serve a District purpose” from and modify the first statement to statement to “Improvements intended to be constructed or maintained solely for the purpose of producing revenue if they do not detract from the open space character of the site will be evaluated on a case-by-case basis by the Board.” in Board Policy 4.02, section 5 “Improvements as Income Sources.” VOTE: 6-0-0 (Director Kishimoto absent) INFORMATIONAL REPORTS A. Committee Reports No Committee reports. B. Staff Reports Assistant General Manager Ana Ruiz reported on a meeting staff had with Santa Clara County Roads staff regarding the proposed undercrossing at Bear Creek Redwoods. Ms. Ruiz reported on a potential purchase for South Area Office currently being evaluated by staff, which will be brought to the Facilities ad hoc committee depending on staff’s analysis. Meeting 17-04 Page 6 Assistant General Manager Kevin Woodhouse reported on the volunteer and docent program evaluation project and provided an update on Public Affairs department and Santa Cruz Mountain Network projects. Mr. Abbors reported the legislation the Board directed staff to pursue regarding the Guadalupe and Los Gatos Creek Watershed now has two sponsors. C. Director Reports The Board members submitted their compensatory reports. Director Harris reported her attendance on a Boating and Waterways Commission meeting. Director Harris also reported she was elected chair of the San Mateo Democratic Party. President Hassett reported he and Director Kishimoto met with members of the Portola Valley Town Council to discuss a proposed trail project. ADJOURNMENT President Hassett adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:27 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk pa g e 1 o f 5 CL A I M S R E P O R T ME E T I N G 1 7 - 0 5 DA T E 0 2 - 2 2 - 2 0 1 7 MI D P E N I N S U L A R E G I O N A L O P E N S P A C E D I S T R I C T Ch e c k Nu m b e r No t e s V e n d o r N o . a n d N a m e I n v o i c e D e s c r i p t i o n C h e c k D a t e P a y m e n t Am o u n t 74 3 7 5 1 1 7 1 6 - O . C . J O N E S & S O N S , I N C . M t U m R o a d R e h a b il i t a t i o n C o n t r a c t o r 0 2 / 1 5 / 20 1 7 4 9 7 , 8 4 7 . 5 0 74 3 5 1 1 1 7 3 9 - C D W L L C N u t a n i x S X - 1 3 6 5 - G 5 C o m p u t e r S e r v e r S y s t e m 0 2 / 1 5 / 2 0 1 7 6 2 , 5 7 5 . 1 3 74 3 4 8 1 1 3 6 9 - B A N K O F T H E W E S T C O M M E R C I A L C A R D U S A $ 9 6 . 7 6 G a s f o r r e n t a l t r u c k , f i e l d s u p p l i e s 0 2 / 1 5 / 2 0 1 7 5 5 , 7 7 9 . 4 2 $1 , 2 0 3 . 0 0 Q t y 4 S e a r s R a n c h R o a d I n t e r p r e t i v e S i g n s $1 , 0 1 6 . 7 4 B o o t s f o r 2 n e w R a n g e r s , C a r W a s h $1 , 6 9 8 . 9 9 E m p l o y e e e x p o s u r e m e d i c a t i o n $1 0 0 P r o a c t i v e L e a v e M g m t T r a i n i n g c l a s s $7 9 8 . 2 1 R e c h a r g e a b l e F l o o d l i g h t ( $ 3 3 7 ) S u p p l i e s / P a r t s a n d t o o l s $4 1 4 . 7 8 S F O C o n s u m a b l e s / S u p p l i e s $5 4 5 . 4 4 W e b s i t e S e r v i c e s , A d v e r t i s i n g , F o r m s $5 2 1 . 0 0 D i s t r i c t P r o v i d e d B o o t s $6 3 0 . 1 3 B o o k s , W e b i n a r s , O f f i c e S u p p l i e s $9 5 9 . 4 6 F i e l d S u p p l i e s , B o o t s $1 9 7 . 3 5 C a l i f . R a n g e l a n d S u m m i t C o n f e r e n c e E x p e n s e s $4 3 3 . 6 0 S F O S t r u c t u r e s / E a g l e p r o j e c t $1 0 6 . 5 8 E v e n t s C e n t e r T o i l e t r e p l a c e m e n t $2 3 2 . 4 0 M a p & W a t e r c o n t a i n e r s f o r p a t r o l t r u c k s $4 9 4 . 7 8 T a b l e S a w ( $ 3 7 9 ) , B u i l d i n g M a t e r i a l s $8 2 9 . 7 3 H a r d w a r e , L e a d e r s h i p T r a i n i n g ( $ 7 5 0 ) $1 9 6 . 2 2 V o l u n t e e r S u p p l i e s / E q u i p m e n t $1 , 5 0 0 . 0 0 S p o n s o r s h i p o f C l i m a t e C h a n g e S y m p o s i u m $1 , 7 8 5 . 4 1 F i e l d S u p p l i e s , T r a c t o r T r a i n i n g , E l e c t r i c V e n t ( $ 8 2 1 ) $5 7 8 3 . 1 4 4 0 ' S t e e l S t o r a g e C o n t a i n e r ( F F O ) $9 1 . 5 0 S F O S h o p S i g n s & S t i c k e r s $6 9 0 . 0 0 C E Q A w o r k s h o p , C A C o u n c i l o f L a n d T r u s t $2 7 . 2 2 O u t d o o r L i g h t B u l b s $5 7 . 0 5 P l o t t e r p r i n t i n g c o s t s , w e b f o r m s $1 8 3 . 0 0 C a l i f . R u r a l W a t e r A s s o c i a t i o n M e m b e r s h i p $9 3 . 4 8 W i n d s h i e l d W i p e r F l u i d , S h o p t o w e l s , T a p e m e a s u r e s $1 , 3 8 4 . 8 8 I T H a r d w a r e , S h e l v e s $1 5 3 . 0 0 B a y A r e a C a u c u s P r e s e n t a t i o n t r a v e l e x p e n s e $7 5 . 0 0 D r o p b o x m o n t h l y s u b s c r i p t i o n $9 , 5 3 0 C S D A M e m b e r s h i p ( $ 6 4 8 5 ) , C o n f e r e n c e s ( G F O A , C S M F O , L C W ) $8 3 1 . 3 4 L e a d e r s h i p C l a s s ( $ 7 5 0 ) , P l u m b i n g S u p p l i e s $1 , 2 1 5 . 3 8 V e h i c l e , U n i f o r m , O f f i c e & F i e l d S u p p l i e s $3 8 . 1 6 K i t c h e n S u p p l i e s , S p r a y P a i n t $1 , 7 7 6 . 5 1 S F O 3 L o c k e r s ( $ 1 , 4 5 3 ) , M a r k i n g P a i n t $1 , 1 1 6 . 0 5 N W S C o n f e r e n c e ( $ 8 5 0 ) , T r a i n i n g C l a s s , K e y D u p l i c a t i o n $1 , 8 9 5 . 5 4 F l a s h l i g h t b a t t e r i e s & W C m e d i c a t i o n ( $ 1 , 8 8 3 ) $2 0 0 2 . 0 0 P a r k i n g , S p o n s o r s h i p o f C A R a n g e l a n d C o n s e r v . ( $ 2 , 0 0 0 ) $3 1 4 . 5 9 B r i d g e T o l l , V e h i c l e S e r v i c e , V e h i c l e B a t t e r y $9 7 3 . 6 9 M e e t i n g N a m e p l a t e s , O f f i c e & K i t c h e n S u p p l i e s pa g e 2 o f 5 CL A I M S R E P O R T ME E T I N G 1 7 - 0 5 DA T E 0 2 - 2 2 - 2 0 1 7 MI D P E N I N S U L A R E G I O N A L O P E N S P A C E D I S T R I C T Ch e c k Nu m b e r No t e s V e n d o r N o . a n d N a m e I n v o i c e D e s c r i p t i o n C h e c k D a t e P a y m e n t Am o u n t $1 , 0 8 1 . 7 8 V R E C o s t s a n d C P R S C o n f e r e n c e F e e $5 6 6 . 1 5 F i e l d S u p p l i e s $8 8 7 . 3 8 R e c r u i t m e n t A d v e r t i s i n g & t r a i n i n g $6 6 . 3 2 F i e l d S u p p l i e s $9 3 9 . 4 6 S F O 7 2 p a i r s L e a t h e r g l o v e s , 5 p k g s d i s p o s a b l e g l o v e s $1 , 4 8 3 . 5 1 F i r e f i g h t i n g g e a r ( $ 1 , 1 4 7 ) a n d u n i f o r m i t e m s $1 , 6 3 5 . 2 6 P e a c e O f f i c e r D e f e n s i v e e q u i p m e n t $2 , 2 6 9 . 6 3 E r g o i t e m s , d i s a s t e r c a c h e i t e m s , C a l O S H A p o s t e r s $3 1 3 . 2 0 L i g h t P o l l u t i o n M e t e r $4 3 3 . 3 7 S t a t e B a r D u e s ( $ 4 2 0 ) ; A m a h M u t s u n L a n d M t g . P a r k i n g $3 4 9 . 2 7 L u n c h f o r 1 / 2 4 / 1 7 B o a r d R e t r e a t M a n a g e r s a n d B o a r d $1 , 5 8 5 . 1 0 A c a d e m y u n i f o r m & P R A C c o n f e r e n c e ( $ 7 2 1 f o r 2 E m p . ) $5 2 3 . 1 2 a n t i v i r u s l i c e n e s e , f f o i n t e r n e t a n d s p e a k e r p h o n e $4 5 0 . 0 3 H a r d w a r e a n d B u i l d i n g S u p p l i e s $2 1 3 . 6 7 H a r d w a r e a n d B u i l d i n g S u p p l i e s $6 0 0 . 6 0 S t o r a g e f o r w e b s t o r e , O f f i c e S u p p l i e s , S u b s c r i p t i o n s $1 3 2 . 8 3 G e o c a c h i n g a n d O f f i c e S u p p l i e s $3 4 6 . 0 1 I R W A C o u r s e F e e ( $ 3 1 5 ) a n d P O S T L u n c h M e e t i n g $- 2 4 9 . 1 2 C l e r k C o n f . T r a v e l ( $ 1 6 2 ) , D e p o s i t R e f u n d ( $ - 5 0 0 ) $2 5 . 4 8 R e f r e s h m e n t s f o r b a d g i n g c e r e m o n y 74 3 8 8 1 0 0 9 4 - R E S T O R A T I O N D E S I G N G R O U P , I N C . M o u n t U m u n h u m S u m m i t A r e a D e s i g n C o n s u l t a n t 0 2 / 1 5 / 2 0 1 7 4 8 , 7 1 9 . 6 8 74 3 6 3 1 0 1 3 7 - E n v i r o n m e n t a l S y s t e m s R e s e a r c h I n s t i t u t e , I n c . E n t e r p r i s e L i c e n s e A g r e e m e n t - G . I . S . S o f t w a r e 0 2 / 1 5 / 2 0 1 7 3 5 , 0 0 0 . 0 0 74 3 1 1 1 1 3 7 9 - C A L T R A N S C o o p e r a t i v e A g r e e m e n t w i t h C a l T r a n s - H w y 1 7 W i l d l i f e C r o s s i n g 0 2 / 0 6 / 2 0 1 7 3 0 , 0 0 0 . 0 0 74 3 4 1 1 0 5 3 2 - U S G E O L O G I C A L S U R V E Y T e c h n i c a l A s s i s t a n c e f o r S F G S P o p u l a t i o n M o n i t o r i n g 0 2 / 0 6 / 2 0 1 7 2 0 , 6 0 0 . 6 9 74 3 0 8 1 1 1 4 8 - B A L A N C E H Y D R O L O G I C S , I N C . B e a r C r e e k P o n d M a n a g e m e n t P l a n 0 2 / 0 6 / 2 0 1 7 1 9 , 7 0 3 . 7 1 74 3 5 9 1 1 2 3 0 - C O U N T Y O F S A N T A C L A R A - D e n t a l D e n t a l I n s u r a n c e - G r o u p # 1 7 6 6 - 0 0 0 6 0 2 / 1 5 / 2 0 1 7 1 6 , 5 9 1 . 2 5 74 3 6 0 1 1 7 0 9 - D - L I N E C O N S T R U C T O R S , I N C . M t U m S u m m i t P u b l i c A c c e s s I m p r o v e m e n t s C o n s t r u c t i o n 0 2 / 1 5 / 2 0 1 7 1 4 , 4 2 3 . 3 7 74 3 6 6 1 0 0 0 5 - G R A S S R O O T S E C O L O G Y N a t i v e P l a n t i n g ( C o o l e y L a n d i n g ) - R W 0 2 / 1 5 / 2 0 1 7 1 2 , 8 0 6 . 1 6 74 3 8 5 1 1 2 9 3 - R A N D A Z Z O E N T E R P R I S E S , I N C D r i s c o l l R a n c h R e m e d i a t i o n a n d D e m o l i t i o n - L H C 0 2 / 1 5 / 2 0 1 7 1 1 , 5 8 8 . 1 0 74 3 9 2 1 1 4 7 7 - S C A E N V I R O N M E N T A L I N C . D r i s c o l l D e m o l i t i o n H a z m a t A b a t e m e n t M o n i t o r i n g - L H C 0 2 / 1 5 / 2 0 1 7 9 , 9 1 9 . 5 0 74 4 0 2 * 1 0 2 1 6 - V A L L E Y O I L C O M P A N Y F u e l f o r D i s t r i c t v e h i c l e s 0 2 / 1 5 / 2 0 1 7 7 , 9 3 7 . 1 5 74 3 2 0 1 1 7 2 8 - K I D D E R M A T H E W S O F C A L I F O R N I A , I N C Z i o n P r o p e r t y a p p r a i s a l - M R 0 2 / 0 6 / 2 0 1 7 6 , 0 6 6 . 6 7 74 3 3 0 1 1 6 6 7 - R I E N G I N E E R I N G , I N C . E n g i n e e r i n g f o r S F O d r i v e w a y p a v i n g 0 2 / 0 6 / 2 0 1 7 5 , 8 8 7 . 5 0 74 3 8 9 1 0 9 3 6 - R O S S R E C R E A T I O N E Q U I P M E N T O p e n A i r B a r n T a b l e s - D H F 0 2 / 1 5 / 2 0 1 7 4 , 9 8 0 . 8 0 74 3 5 0 1 1 1 6 1 - C A R N E G H I - N A K A S A K O A N D A S S O C I A T E S A p p r a i s a l R e p o r t - S h i n g l e M il l R o a d & H w y 9 - C o n l e y P r o p e r t y 0 2 / 1 5 / 20 1 7 4 , 5 0 0 . 0 0 74 3 1 3 1 0 0 2 4 - C O N S E R V A T I O N B Y D E S I G N V o l u n t e e r & D o c e n t P r o g r a m S t r u c t u r e S t u d y 0 2 / 0 6 / 2 0 1 7 3 , 8 4 0 . 0 0 74 3 2 8 1 0 2 6 5 - P R I O R I T Y 1 E m e r g e n c y L i g h t s & R a d i o I n s t a l l a t i o n M 2 1 5 , M 2 1 8 , M 2 1 9 0 2 / 0 6 / 2 0 1 7 3 , 5 4 2 . 6 2 74 3 7 2 1 0 0 6 2 - M A R K H Y L K E M A M o n t e b e l l o A r c h a e l o g i c a l C o n s u l t a t i o n 0 2 / 1 5 / 2 0 1 7 3 , 5 0 0 . 0 0 74 3 7 9 1 1 1 2 9 - P E T E R S O N T R U C K S I N C . M 0 2 , M 1 7 , M 2 6 , M 2 9 , T 0 7 , W T 0 2 I n s p e c t i o n / S e r v i c e 0 2 / 1 5 / 2 0 1 7 3 , 4 0 0 . 8 2 74 3 3 1 1 0 1 9 5 - R E D W O O D G E N E R A L T I R E C O I N C T i r e s f o r P 1 0 2 , P 8 3 , M 2 3 0 2 / 0 6 / 2 0 1 7 2 , 9 6 9 . 2 7 74 3 4 0 1 0 3 0 2 - S T E V E N S C R E E K Q U A R R Y I N C B a s e R o c k - S t o c k f o r F F O & S A O 0 2 / 0 6 / 2 0 1 7 2 , 9 0 8 . 0 2 74 4 0 6 * 1 1 1 1 8 - W E X B A N K F u e l f o r D i s t r i c t v e h i c l e s 0 2 / 1 5 / 2 0 1 7 2 , 7 5 3 . 7 0 74 4 0 0 1 0 2 3 0 - U N I T E D R E N T A L S N O R T H A M E R I C A I N C T r u c k R e n t a l 1 / 0 9 - 2 / 0 6 / 1 7 M t U m S u m m i t , R o a d P r o j e c t 0 1 / 0 3 - 0 1 / 3 1 / 1 7 0 2 / 1 5 / 2 0 1 7 2 , 6 3 9. 7 7 pa g e 3 o f 5 CL A I M S R E P O R T ME E T I N G 1 7 - 0 5 DA T E 0 2 - 2 2 - 2 0 1 7 MI D P E N I N S U L A R E G I O N A L O P E N S P A C E D I S T R I C T Ch e c k Nu m b e r No t e s V e n d o r N o . a n d N a m e I n v o i c e D e s c r i p t i o n C h e c k D a t e P a y m e n t Am o u n t 74 3 5 7 * 1 0 0 2 2 - C O N C E R N Q u a r t e r l y E m p l o y e e A s s i s t a n c e P r o g r a m J a n - M a r 2 0 1 7 0 2 / 1 5 / 2 0 1 7 2 , 4 6 7 . 5 0 74 3 9 5 1 1 7 0 3 - S H I F T K E Y S O L U T I O N S M i c r o s o f t E x c e l B a s i c C l a s s 1 5 S t u d e n t s 0 2 / 1 5 / 2 0 1 7 2 , 4 1 8 . 7 5 74 4 0 3 1 1 1 9 0 - V A L L E Y T R E E C A R E T r e e R e m o v a l ( R S A C P ) 0 2 / 1 5 / 2 0 1 7 2 , 4 0 0 . 0 0 74 3 3 4 1 0 6 9 7 - S A N D I S Q S P I n s p e c t i o n s f o r M t U m R o a d P r o j e c t 0 2 / 0 6 / 2 0 1 7 2 , 3 8 0 . 0 0 74 3 7 1 1 1 4 6 2 - M A N A G E M E N T P A R T N E R S M i d p e n P u b l i c A f f a i r s M g m t S e v i c e s ( B u t t e r f i e l d ) 0 2 / 1 5 / 2 0 1 7 2 , 3 3 3 . 4 2 74 3 0 9 1 0 1 4 1 - B I G C R E E K L U M B E R C O I N C S i g n s a n d F e n c e P o s t s a n d R a i l s 0 2 / 0 6 / 2 0 1 7 2 , 2 6 1 . 1 9 74 3 3 3 1 1 7 4 2 - R Y A N E C O L O G I C A L C O N S U L T I N G S w i f t e x c l u s i o n a n d a r t i f i c i a l n e s t i n g s t r u c t u r e s - M t . U m S u m m i t 0 2 / 0 6 / 2 0 1 7 2 , 1 2 5 . 0 0 74 3 8 4 * 1 1 1 8 4 - P U R C H A S E P O W E R - P I T N E Y B O W E S P O S T A G E A O P O S T A G E 0 2 / 1 5 / 2 0 1 7 2 , 0 1 5 . 0 0 74 3 9 9 * 1 0 7 8 6 - U . S . B A N K E Q U I P M E N T F I N A N C E S h a r p C o p i e r E q u i p m e n t L e a s e f o r a l l o f f i c e s 0 2 / 1 5 / 2 0 1 7 1 , 8 7 2 . 7 2 74 3 3 9 1 0 5 8 5 - S O L ' S M O B I L E A U T O & T R U C K R E P A I R , I N C . V e h i c l e I n s p e c t i o n s & S e r v i c e s ( 9 v e h i c l e s ) 0 2 / 0 6 / 2 0 1 7 1 , 8 1 8 . 4 6 74 3 4 6 * 1 0 1 2 8 - A M E R I C A N T O W E R C O R P O R A T I O N R e p e a t e r S i t e L e a s e - C o y o t e P e a k 0 2 / 1 5 / 2 0 1 7 1 , 8 0 4 . 0 0 74 3 4 2 1 1 1 9 0 - V A L L E Y T R E E C A R E T r e e R e m o v a l - B C R 0 2 / 0 6 / 2 0 1 7 1 , 8 0 0 . 0 0 74 3 2 9 1 1 2 8 2 - P R O E L I A D E F E N S E A N D A R R E S T T A C T I C S , L L C D e f e n s i v e T a c t i c s T r a i n i n g ( 2 d a y s ) 0 2 / 0 6 / 2 0 1 7 1 , 7 4 9 . 9 6 74 3 0 7 1 0 0 0 1 - A A R O N ' S S E P T I C T A N K S E R V I C E S F O O f f i c e , S R P C R E S T R O O M S s e p t i c p u m p i n g 0 2 / 0 6 / 2 0 1 7 1 , 6 7 5 . 0 0 74 3 2 3 1 0 0 7 3 - N O R M A L D A T A T r a i n i n g D a t a b a s e W o r k 0 2 / 0 6 / 2 0 1 7 1 , 6 1 0 . 0 0 74 3 7 6 1 0 5 7 8 - O L D R E P U B L I C T I T L E C O T i t l e R e s e a r c h f o r C o z z o l i n o p r o p e r t i e s - M R 0 2 / 1 5 / 2 0 1 7 1 , 5 0 0 . 0 0 74 3 6 7 1 1 5 9 3 - H . T . H A R V E Y & A S S O C I A T E S B e a r C r e e k S t a b l e s B a t S u r v e y s 0 2 / 1 5 / 2 0 1 7 1 , 3 3 1 . 5 0 74 3 1 8 1 1 5 9 3 - H . T . H A R V E Y & A S S O C I A T E S A l m a C o l l e g e B a t S u r v e y s - h a b i t a t a s s e s s m e n t 0 2 / 0 6 / 2 0 1 7 1 , 2 7 7 . 8 2 74 3 9 8 1 0 1 5 2 - T A D C O S U P P L Y J a n i t o r i a l S u p p l i e s ( R S A & C P ) 0 2 / 1 5 / 2 0 1 7 1 , 2 7 6 . 7 6 74 3 5 5 * 1 0 4 4 5 - C O M M U N I C A T I O N & C O N T R O L I N C R e p e a t e r S i t e L e a s e 0 2 / 1 5 / 2 0 1 7 1 , 1 7 2 . 0 0 74 4 0 5 * 1 0 5 2 7 - W A S T E M A N A G E M E N T G a r b a g e S e r v i c e 0 2 / 1 5 / 2 0 1 7 1 , 1 3 5 . 1 1 74 3 6 2 1 0 5 2 4 - E R G O W O R K S E r g o n o m i c C h a i r a n d o t h e r i t e m s : D e l i v e r y , A s s e m b l y a n d I n s t a l l a t i o n 0 2 / 1 5 / 2 0 1 7 1 , 0 8 7 . 6 1 74 3 2 2 1 1 6 8 8 - M I C H A E L L B E N C H , C O N S U L T I N G A R B O R I S T P r u n e T r e e s f o r N e t t i n g S t r u c t u r e - F O O S P 0 2 / 0 6 / 2 0 1 7 1 , 0 8 0 . 0 0 74 4 0 7 1 1 1 7 6 - Z O R O T O O L S S F O F a l l P r o t e c t i o n E q u i p m e n t 0 2 / 1 5 / 2 0 1 7 9 8 4 . 2 7 74 3 9 7 1 0 1 4 3 - S U M M I T U N I F O R M S B o d y A r m o r f o r R a n g e r , U n i f o r m i t e m s 0 2 / 1 5 / 2 0 1 7 9 6 5 . 7 0 74 3 6 1 1 0 0 3 8 - E R G O V E R A 3 E r g o n o m i c E v a l u a t i o n s 0 2 / 1 5 / 2 0 1 7 8 9 9 . 1 2 74 3 9 3 1 0 5 8 0 - S H A R P B U S I N E S S S Y S T E M S C o p i e r M a i n t e n a n c e C o n t r a c t 1 2 / 2 8 / 1 6 - 1 2 / 2 7 / 1 7 , P r i n t e r s e r v i c e 0 2 / 1 5 / 2 0 1 7 89 8 . 2 2 74 3 5 2 1 0 4 8 8 - C L E A N H A R B O R S E N V I R O N M E N T A L S E H a z a r d o u s W a s t e D i s p o s a l 0 2 / 1 5 / 2 0 1 7 8 4 6 . 6 0 74 3 9 0 * 1 0 1 3 6 - S A N J O S E W A T E R C O M P A N Y W a t e r S e r v i c e ( R S A C P ) 0 2 / 1 5 / 2 0 1 7 7 8 9 . 9 7 74 3 5 8 1 0 1 8 5 - C O S T C O O f f i c e a n d K i t c h e n S u p p l i e s f o r F F O a n d S F O 0 2 / 1 5 / 2 0 1 7 6 4 6 . 8 1 74 3 7 7 1 0 0 7 9 - P A G E & T U R N B U L L A l m a C o l l e g e T e c h n i c a l R e p o r t 0 2 / 1 5 / 2 0 1 7 6 2 5 . 0 0 74 3 8 0 1 0 2 0 9 - P E T T Y C A S H - M R O S D P e t t y C a s h R e i m b u r s e m e n t f o r F F O ( 2 9 8 . 3 2 ) a n d S F O ( $ 3 0 7 . 0 1 ) 0 2 / 1 5 / 2 0 1 7 6 0 5 . 3 3 74 3 3 7 * 1 0 5 8 0 - S H A R P B U S I N E S S S Y S T E M S A O P r i n t i n g C o s t s 0 2 / 0 6 / 2 0 1 7 5 2 4 . 9 1 74 4 0 1 1 0 4 0 3 - U N I T E D S I T E S E R V I C E S I N C E l e c t r i c a l f o r C o n s t r u c t i o n T r a i l e r - M t U m 0 2 / 1 5 / 2 0 1 7 4 7 9 . 5 5 74 3 6 4 1 1 1 5 1 - F A S T E N A L C O M P A N Y P o w e r E q u i p m e n t 0 2 / 1 5 / 2 0 1 7 4 7 3 . 0 4 74 3 6 9 1 1 6 0 5 - J A S K U L A K , S T E F A N R e i m b u r s e m e n t f o r C S M F O T r a v e l , C e l l P h o n e 2 / 1 6 - 1 / 1 7 0 2 / 1 5 / 2 0 1 7 4 6 3 . 5 3 74 3 8 2 * 1 1 3 3 5 - P I T N E Y B O W E S G L O B A L F I N A N C I A L S E R V I C E S L L C P o s t a g e M a c h i n e L e a s e 9 / 3 0 - 1 2 / 2 9 / 1 6 0 2 / 1 5 / 2 0 1 7 4 2 2 . 3 7 74 3 4 5 1 0 4 8 5 - A M E R I C A N R E D C R O S S - S V C F i r s t A i d c e r t i f i c a t i o n s 0 2 / 1 5 / 2 0 1 7 3 6 9 . 0 0 74 3 9 1 1 1 2 6 8 - S A N T A C L A R A C O U N T Y P L A N N I N G O F F I C E L o t l i n e a d j u s t m e n t f e e f o r M o r a l e s p r o p e r t y 0 2 / 1 5 / 2 0 1 7 3 6 1 . 0 0 74 4 0 4 1 1 3 8 8 - W A G N E R & B O N S I G N O R E W a t e r R i g h t s R e p o r t i n g - S a n G r e g o r i o A d j u d i c a t i o n C o m p l i a n c e 0 2 / 1 5 / 2 0 1 7 3 5 0 . 0 0 74 3 9 4 1 0 3 4 9 - S H E L T O N R O O F I N G C O M P A N Y I N C R o o f R e p a i r - M B 0 2 / 1 5 / 2 0 1 7 3 3 9 . 0 0 74 3 2 4 1 0 1 6 0 - O F F I C E D E P O T C R E D I T P L A N O f f i c e S u p p l i e s - A O , A O 3 , A O 4 , F F O 0 2 / 0 6 / 2 0 1 7 3 1 9 . 8 4 74 3 5 6 * * 1 0 8 5 0 - C O M P L E T E P E S T C O N T R O L H a w t h o r n e R o d e n t C o n t r o l 1 2 / 1 9 / 1 6 , 1 / 1 3 / 1 7 , 1 / 3 0 / 1 7 0 2 / 1 5 / 2 0 1 7 3 0 0 . 0 0 pa g e 4 o f 5 CL A I M S R E P O R T ME E T I N G 1 7 - 0 5 DA T E 0 2 - 2 2 - 2 0 1 7 MI D P E N I N S U L A R E G I O N A L O P E N S P A C E D I S T R I C T Ch e c k Nu m b e r No t e s V e n d o r N o . a n d N a m e I n v o i c e D e s c r i p t i o n C h e c k D a t e P a y m e n t Am o u n t 74 3 2 7 1 1 5 1 9 - P R I C E , P O S T E L & P A R M A L L P M t . U m R o a d a n d T r a i l p r o p e r t y r i g h t s - S A 0 2 / 0 6 / 2 0 1 7 2 8 1 . 0 0 74 3 1 5 1 1 1 5 1 - F A S T E N A L C O M P A N Y S F O F A S T E N E R S , N I T R I L E G L O V E S A N D D U C T T A P E 0 2 / 0 6 / 2 0 1 7 2 6 4 . 3 0 74 3 3 8 1 0 4 4 7 - S I M M S P L U M B I N G & W A T E R E Q U I P M E N T I n s t a l l O n D e m a n d H o t W a t e r S e r v i c e - T C 0 2 / 0 6 / 2 0 1 7 2 6 2 . 1 7 74 3 2 1 1 0 1 8 9 - L I F E A S S I S T F i r s t A i d S u p p l i e s 0 2 / 0 6 / 2 0 1 7 2 5 0 . 3 6 74 3 8 3 * 1 0 2 6 1 - P R O T E C T I O N O N E A O A L A R M S E R V I C E S ( 4 l o c a t i o n s ) 0 2 / 1 5 / 2 0 1 7 2 4 4 . 4 0 74 3 8 7 * 1 1 5 2 6 - R E P U B L I C S E R V I C E S M o n t h l y g a r b a g e s e r v i c e s - E C M 0 2 / 1 5 / 2 0 1 7 2 4 3 . 7 6 74 3 1 7 * 1 0 1 7 3 - G R E E N W A S T E S F O R e g u l a r W e e k l y G a r b a g e & R e c y c l e 0 2 / 0 6 / 2 0 1 7 2 3 0 . 5 0 74 3 5 3 1 0 3 5 2 - C M K A U T O M O T I V E I N C P 1 0 9 S e r v i c e , P 9 9 R e p a i r 0 2 / 1 5 / 2 0 1 7 2 0 9 . 1 4 74 3 1 2 1 0 3 2 1 - C O B L E N T Z , P A T C H , D U F F Y & B A S S P r o f e s s i o n a l S e r v i c e s f o r T r a d e m a r k i n g M t . U m & M i d p e n l o g o s 0 2 / 0 6 / 2 0 1 7 1 9 5 . 0 0 74 3 7 0 1 1 3 2 6 - L E X I S N E X I S O n l i n e S u b s c r i p t i o n J a n 2 0 1 7 0 2 / 1 5 / 2 0 1 7 1 8 8 . 8 4 74 3 2 5 1 0 0 7 6 - O F F I C E T E A M T e m p o r a r y C l e r i c a l S u p p o r t 0 2 / 0 6 / 2 0 1 7 1 6 9 . 0 0 74 3 3 6 1 1 2 6 2 - S E R V I C E S T A T I O N S Y S T E M S D i e s e l T a n k S e r v i c e ( F F O ) 0 2 / 0 6 / 2 0 1 7 1 6 5 . 8 5 74 3 4 9 1 1 7 4 4 - B E R R Y , W H I T N E Y T r a v e l E x p e n d i t u r e s R e i m b u r s e m e n t - C l i m a t e C h a n g e S y m p o s i u m 0 2 / 1 5 / 2 0 1 7 1 5 5 . 3 9 74 3 1 4 1 1 6 4 2 - E L I A S K H O U R Y P a r k i n g C i t a t i o n L e v e l I I H e a r i n g s 1 1 & 1 2 2 0 1 0 2 / 0 6 / 2 0 1 7 1 5 2 . 9 0 74 3 1 6 1 0 1 6 9 - F O S T E R B R O T H E R S S E C U R I T Y S Y S T E M S L o c k s f o r V i s i t o r C o u n t e r D e v i c e s 0 2 / 0 6 / 2 0 1 7 1 4 8 . 3 8 74 3 7 3 * 1 0 6 6 4 - M I S S I O N T R A I L W A S T E S Y S T E M S A O g a r b a g e s e r v i c e s 0 2 / 1 5 / 2 0 1 7 1 2 6 . 9 0 74 3 9 6 1 1 2 3 2 - S T E V E N S O N , H I L A R Y M i l e a g e R e i m b u r s e m e n t - S t e v e n s o n 0 2 / 1 5 / 2 0 1 7 1 2 3 . 0 5 74 3 7 8 1 0 9 2 5 - P A P E ` M A C H I N E R Y T r a c t o r S u p p l i e s 0 2 / 1 5 / 2 0 1 7 1 1 1 . 0 5 74 3 5 4 * 1 1 5 3 0 - C O A S T S I D E . 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Approve the Memorial Grove Signage Plan at Purisima Creek Redwoods Open Space Preserve to minimize individual donor signage and install a centralized recognition signboard based on a Committee-selected design option. 2. Authorize the General Manager to enter into a sign maintenance and replacement agreement with Save the Redwoods League. SUMMARY Purisima Creek Redwoods Open Space Preserve (Preserve) expanded significantly in 1984 due to a property acquisition partially funded by Save the Redwoods League (League). The League’s ability to designate memorial groves within the Preserve was a condition of that purchase agreement. The League is requesting authorization to install a centralized recognition signboard at the west entrance of the Preserve. Installation of this centralized signboard will substantially reduce the number of future recognition signs installed in the remaining undedicated groves. The Memorial Grove Signage Plan includes this centralized signboard and the allowance for a limited number of new, individual grove signs. Of the 80 groves that remain to be dedicated, only eight groves would be allowed to include a future donor sign at the grove site, reducing the number of signs that would be otherwise placed at the Preserve by 90%. If approved, the League and District would enter into an agreement to formalize the Signage Plan and the League’s responsibility to fund the fabrication, maintenance, and replacement of both the centralized signboard and individual signs. MEASURE AA This is not a Measure AA project. DISCUSSION Background In 1984, the District purchased the 1,662 acre Wilkins property (R-84-21) with a contribution from Save the Redwoods League. At the time of purchase, the Wilkins property was largely comprised of second growth redwood forest under an active Timber Harvest Plan that added substantial value to the property. The $6,000,000 cost of the property was considered beyond the R-17-20 Page 2 District’s means, and staff worked to secure the $2,000,000 grant from the League to purchase this vital parcel of redwood forest land. As a condition of the grant, the District Board of Directors agreed that the League be permitted to designate Memorial Groves up to five acres in size, on both the former Wilkins property and the property already owned by the District in Whittemore Gulch (see Attachment 1, Appendix B). The League has protected almost 200,000 acres of redwood forest in California and helped to create more than 60 redwood parks and preserves. Since 1921, the League’s Grove Program has generated new funds to protect redwood forests (see Attachment 2). Groves available for dedication are traditionally located on public land protected with help from the League. At this Preserve, the League has 17 dedicated groves and 34 available groves within the lower Higgins Canyon area along the Redwood Trail and Upper Purisima Creek Trail (see Attachment 1, Appendix E). Within the Upper Skyline area near Skyline Boulevard, there are six dedicated groves and three available groves (see Attachment 1, Appendix F). Consistent with the conditions of the League’s grant agreement, the League will be adding 43 groves for dedication along the Whittemore Gulch Trail on the western side of the Preserve (see Attachment 1, Appendix H). Proposed Centralized Recognition Signboard and Signage Plan The League is requesting the following: A centralized grove recognition signboard showing all dedicated and available groves within the Preserve to be located adjacent to two existing signboards at the Gate PC05 west Preserve entrance, near Higgins Canyon Road and Purisima Creek Road. The centralized recognition signboard would be fabricated to match existing Preserve signboards. The Legislative, Funding & Public Affairs Committee has recommended that the signboard frame be titled with “Midpeninsula Regional Open Space District and Save the Redwoods League Partnership” on the top of the frame (see Attachment 4). As would be detailed in an agreement, the League would fully fund the signboard and all future maintenance, replacements and content updates. The centralized recognition signboard would be accompanied by the following Signage Plan to reduce the number of future individual donor recognition signs at the Preserve to no more than eight new signs (not including signs that have already been promised to donors): 1. Newly-designated Whittemore Gulch groves would be recognized solely through the centralized recognition signboard. None of the 43 memorial groves in Whittemore Gulch would be allowed to have individual signs. 2. Individual signs would be placed for the two groves within lower Higgins Canyon and one grove within upper Skyline that have alread y been dedicated and for which the donors have been promised a sign. 3. Within the lower Higgins Canyon area, the League would have the option to continue offering individual wooden signs in five specific existing groves with a higher donation threshold (see Attachment 1, Appendix E). 4. Within the upper Skyline area, the League would have the option to continue offering individual wooden signs in three specific existing groves with a higher donation threshold (Attachment 1, Appendix F). R-17-20 Page 3 Not only will the centralized signboard reduce the potential number of future recognition signs on undedicated groves from 80 to eight (8), the signboard will educate visitors on the existing and continuing partnership between the League and District. Any individual sign slated for installation in one of the eligible groves would be subject to the District’s sign placement guidelines for individual grove signs (Attachment 3). FISCAL IMPACT The Memorial Grove signage request would not result in a fiscal impact to the District. The League would pay for all costs associated with design, fabrication, installation, and maintenance. BOARD COMMITTEE REVIEW The District’s Legislative, Funding & Public Affairs Committee discussed this item on January 10, 2017. The Committee voted 3-0 to forward the item to the Board for approval with the wording, “Midpeninsula Regional Open Space District and Save the Redwoods League Partnership,” for the top of the signboard frame. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Staff completed a Notice of Exemption (NOE) for the Project and filed it with the Santa Mateo County Clerk Recorder on January 13, 2017. As part of the NOE, the District concluded that the installation of the centralized memorial grove signboard is categorically exempt under Article 19 of the CEQA (California Environmental Quality Act) Guidelines as follows: Section 15304(d): This class of projects consists of minor alterations in the condition of land, water, and/or vegetation which do not involve the removal of healthy, mature scenic trees. The proposed project will not require the removal of any trees. Section 15311(a): This class of project consists of the construction of minor accessory structures, including on-premise signs. The project consists of a new centralized signboard adjacent to existing signs in a previously disturbed area. NEXT STEPS Following Board approval, the General Manager would execute a partnership agreement between the District and League, and the League would coordinate with the District on the installation of new signage. Attachments 1. Save the Redwoods League Memorial Grove Signage Proposal 2. Save the Redwoods League Honor Tree and Grove Brochure 3. District Guidelines for Grove Signage 4. Signboard Frame Design R-17-20 Page 4 Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Alicia Halpern, Planner I Page 1 of 5 February 1, 2017 Alicia Halpern Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Save the Redwoods League requests to make additional Groves available for dedication along the Whittemore Gulch Trail at the west end of Purisima Creek Redwoods Open Space Preserve (“Preserve”), as well as adopt centralized grove recognition signage for all dedicated and future Groves in the Preserve. Since 1918, Save the Redwoods League has protected nearly 200,000 acres of redwood forests and supporting landscapes, helped create more than 60 inspiring redwood parks and reserves, and served more than 120,000 children through our education programs. Purisima Creek Redwoods Open Space Preserve was established in 1984 when Save the Redwoods League contributed $2M towards the acquisition of the 1,662 acre Wilkins property for inclusion in the Midpeninsula Regional Open Space District parklands as a public preserve (see Appendix A). In making this significant contribution towards the property acquisition, the League retained the right to dedicate honorary Groves on Preserve land (see Appendix B, page 4). Since then, the League and Midpen have continued to partner on other projects such as “Redwoods and Climate Change” high school education programs. Save the Redwoods League has long partnered with agencies, at the national, state, and regional levels, to protect and steward redwood forests and to connect people with their peace and beauty. Since 1921, the League’s Grove Program has been instrumental to our ability to raise funds to support this work. Traditionally, areas where Groves are available for dedication are on land that was protected with the help of Save the Redwoods League, and then transferred or designated to a public agency partner for long term management. Deeds, divestment or purchase paperwork commonly include language affirming that the "55"$).&/5 Page 2 of 5 League retains the right to dedicate honorary Groves on the land that the League purchased or helped to acquire, in order to raise new funds to protect additional redwood lands. The League’s Grove Program provides a means for donors to have an honorary redwood acreage dedicated to honor or memorialize a spouse, relative, friend, organization or important occasion. The program has been, and continues to be, a major source of funding for the League to acquire and restore redwood lands to ensure protection of these special places for generations of visitors to enjoy. Currently, donors make significant donations to the League, and in recognition of their contribution an honorary acreage of redwood forest known as a “Grove” can be dedicated. Grove donation amounts currently range from $35,000 to $1 million, and are determined by the individual parcel’s accessibility and attributes, such as size and number of trees. The acreage varies depending on location and donation amount, but Groves generally range from 1 to 10 acres.Some Groves are accessible by road or trail, while others are located in the deeper reaches of the forest. League-produced and updated maps illustrate the locations of dedicated and available Grove parcels. After a Grove is named by a donor it remains an honorary designation within an unbroken forest. No real property value or additional rights are transferred to the donor. The land remains the property of the managing agency. The landscape is not marred by fences and boundaries but instead is marked by appropriate signage noting the name chosen by the donors and approved by the managing agency. Managing agency personnel cooperate with the League to install and help maintain signage that identifies the Groves. Individual grove signs have been traditionally offered in Groves accessible by road or trail, and not in Groves located in the deeper reaches of the forest (as these are not accessible). Currently, 37 Groves are available for dedication in the Preserve along around the Purisima Creek Trail and off Skyline Boulevard (see Appendix C). The style of Grove signage has varied slightly by park and year in which the Grove was dedicated. Recognition signs are an important part of the Grove Program because donors are often more motivated to make a donation when some form of recognition is available in or near the dedicated Grove. Currently, Grove recognition in the Preserve consists of individual wooden signs made of reclaimed redwood or redwood-stained wood (see Appendix D). The sign board is approximately 1 by 3 feet (or smaller), with one or two sign posts that stand approximately 2-4 feet above ground. The grove name is engraved on the sign board and painted yellow. The aim of this sign aesthetic is to fit with the redwood surroundings. The League currently covers the cost of fabricating these grove signs. These signs have been installed in the existing “Lower Higgins” grove area around Purisima Creek and “Upper Skyline” grove area near Skyline Boulevard (see Appendix C). Page 3 of 5 Over the years, some visitors and park personnel have expressed interest in reevaluating Grove signage from environmental, maintenance, and visitor perspectives. The League shares this consideration, and with this in mind, proposes implementing centralized signage and minimizing individual signage (with the long-term goal being to depart from individual signage). We believe that taking these steps will demonstrate the shared values of Midpen and Save the Redwoods League, while also continuing to offer a Grove dedication fundraising program that is motivational to prospective donors. Individual Signage We propose offering and installing a limited number of individual wooden signs in select groves within the “Lower Higgins” and “Upper Skyline” grove areas. There are 37 total groves that remain available for dedication in the “Lower Higgins” and “Upper Skyline” grove areas (see Appendices E, F), of which we propose that 8 groves remain available for individual wooden sign installation. There are 7 Groves shown on the “Lower Higgins” map, including 2 Groves that have already been dedicated but signs have yet to be installed. And there are 4 Groves shown on the “Upper Skyline” map, including 1 Grove that has already been dedicated but the sign has yet to be installed. Besides these select Groves, all other Groves would be recognized via the proposed centralized panels. The criteria for these groves with individual signs are that they are at a “more significant” gift level (between $75,000-$200,000 at the League’s current 2016 gift levels), and that they are along the Purisima Creek Trail or off Skyline Blvd. Having these select groves available is important for providing opportunities to donors who are very motivated to make a gift, especially larger gifts, towards a Grove dedication where an individual sign is possible. We will continue to fabricate these signs independently, as we have in past, and ask Midpen “Visitor Services” staff to assist with the installation of these signs within individual Groves. Centralized Signage We propose the centralized grove recognition sign be designed and fabricated to match the two existing wooden kiosk Preserve signs (see Appendix G), and installed alongside these two signs just off the Purisima Creek Trail near the Preserve’s west entrance. The proposed sign style is also consistent with the Peninsula Open Space Trust partner sign at Windy Hill Preserve. We propose the sign be labeled with “Save the Redwoods League Partnership” and “Midpeninsula Regional Open Space District” (see Appendix G). The sign display would include a map of League-affiliated grove areas, and the locations and recognition names of dedicated groves. The sign display would also provide history on the Preserve’s acquisition and background information on the partnership between Save the Redwoods League and Midpen. This provides the opportunity to better showcase the story of how the Grove Program, and the families and organizations who have supported it, have contributed to the Page 4 of 5 Preserve. We plan to fabricate the display materials on laminated, UV-resistant vinyl mounted on magnetic backing. Save the Redwoods League will provide funding to cover the costs of fabricating and installing the new sign and updating the display materials. Fabricating the sign will cost between $1,500-3,000 approximately (one- time cost). Fabricating the display materials and maps will cost approximately $75 each (updated a couple times annually at most). Save the Redwoods League can also cover additional construction or permit related costs for this project. For consistency, we will fabricate both the sign and display materials using Midpen’s preferred suppliers. Since Midpen has existing relationships with the sign suppliers, Midpen and League staff agree that it is most efficient and cost effective for the League to convey needed sign orders to Midpen, and for Midpen to then place the orders with the suppliers. In terms of updating the displays on a routine basis; Save the Redwoods League will be responsible for maintaining the content of the display. Save the Redwoods League will fund all replacements and Midpen staff will facilitate the production of the sign board maps and physically replacing materials in the sign board. Save the Redwoods League will also pay for any future maintenance costs related to the centralized sign (ex: replacing plexiglass window or wooden frame, if damaged) or individual signs. Through this signage, we hope to provide an improved interpretive and educational experience for all Preserve visitors, as well as a meaningful donor recognition opportunity. We also hope to create a lessened environmental impact and a longer-term, more sustainable approach to signage. In the near future, Save the Redwoods League also plans to explore opportunities for digital and online recognition of the Grove program and dedications done at the Preserve. We look forward to sharing this project with Midpen as it develops. The League is interested in making new Groves available for dedication along the Whittemore Gulch Trail in Purisima Creek Redwoods Open Space Preserve. The League already offers dedications in the Preserve in the “Lower Higgins” grove area around Purisima Creek and “Upper Skyline” grove area near Skyline Boulevard (see Appendix C). The proposed Grove area is located along the north and south sides of Whittemore Gulch Trail. Groves would begin after the gate at the Preserve’s west entrance and extend approximately 1 mile along the trail. At this time, the League is proposing to add 43 individual Groves within this new Grove area. See proposed Page 5 of 5 Grove addition map (Appendix H). We propose only offering Grove donor recognition of these Groves via the new centralized kiosk signage (instead of via individual wooden signs). League donors have shown a strong interest in supporting redwood conservation through the dedication of Groves in the Preserve. By increasing the options and creating availability for more Grove dedications, significant funding opportunities will be created to further redwood protection, restoration, research, and educational programs. As established in the Grant of Restriction with Covenants (Appendix B) and other documents (Appendix A) signed by the League and Midpeninsula Regional Open Space District, the League has reserved rights to establish Grove dedication areas in the Whittemore Gulch area: x Grant of Restriction with Covenants “3. Reservation of Use by District”: The Save-the- Redwoods League shall be permitted to designate sites, up to five acres in size, as Redwood memorial or honor groves on the Subject Property, and property adjacent to the Subject Property owned and operated by DISTRICT in Whittemore Gulch, for the purpose of raising new funds for continued protections of Redwood trees and Redwood forests.” The League proposes the following, which is based on our Grove establishment and expansion process with CA State Parks. 1. The establishment or expansion of Groves in Purisima Creek Redwoods Open Space Preserve should be approved in writing by Midpeninsula Regional Open Space District to Save the Redwoods League. 2. The layout of the Groves should be approved by Midpeninsula Regional Open Space District. 3. Once approved, the League will be responsible for creating and updating maps, as well as arranging recognition signage as necessary. Save the Redwoods League looks forward to building and improving the legacy of the Grove Program at Purisima Creek Redwoods Open Space Preserve in partnership with Midpeninsula Regional Open Space District. Thank you for reviewing this proposal and providing your feedback. If you have questions, please contact Jennifer Verhines, Donor Stewardship Manager at (415) 820-5830 or jverhines@savetheredwoods.org. Appendix A OF_:IO_.5 R. ...: L. \1 ._. -�... 'Ji Dttectorr JUH. D:rtrtoe Roa:AT iAs? ^scN COUNCIL HORACE M. A:aRIG:-- HOWARD ' ..r: ':'..LEN MRS. GUILFORD C. 3.:3cocK MRS. HARMON C. BE!..a. D`KE Bao•x•:: MRs, RICHARD H. BUEL • SELAH CHA}t3ERL,:•- J. ALLEN L. Cii!c (:_RING MRS.'ALLEN L. CHICi:ERING NORMAN M. CHR:ST=::SEN ROBERT f:. CoNNICK CHARLES F. DALY •MRs. FRANCIS P. FARQUHAR ••EMANUEL FRITz ERrc R. GERSTUNG BEN C. GEP,:r:c , IR •ME.s. A. ".:C. iMES P. GII.LIGA:, ICHA.D N. GunMAN GaLBcaT M. GRO LM.,F. Mar. Er..1 ;R, H. GattER E.iaL P ANSOr: r : P. HASKINS WILLIAM RHODES HERVEY, JR. \Vu.u,iM R. HEWLETT CHARLES A. HOLLOWAY BARRY C. HOWARD •BRUCE S. HOWARD PHELPS STOKES HUNTER GARDINER JOHNSON ALFRED A. KNOPF •RICHARD M. LEONARD NORMAN B. LIVERMORE, JR. W, MAILLIARD, 1(I OHN J. MCCLOY • U.S. DONALD H. MCLAUGHLIN •R. A. L. MENZIES G. W. MERCK LAWRENCE C. MERRIAM, JR. SAM B. MERRY MAN, JR. ROBERT C. MILLER MRS. ELIZ{UETH J• MORRISON JUDGE ALYCE MOSELEY VILLIAM PENN MOT-, JR. GEORGE NEAVOLL FRANK C. NELSON ROBERT NEUHAUS RICHARD C. OTTER AIRS. NATHANIEL A. Owl NGS OLIVER P. PEARsoN GEORGE S. PEYTON, JR. HERMAN PHLEGER WILSON RILES G. JAMES RouSH AIRS. ROBERT LEE SPERRY •ROBERT G. SPROUL, JR. MRs, WILLIAM W. STOUT CHARLES C. WAGNER *WILLIAM P. WENTWORTH • J. ROY \\'ITMER •Direrfort ••Honorary Vice President OBJECTS 1. To re felt? from destruction represent- ative areas of our primeval fi rests. 2. Tn eo.operate with the California State Park Commission. the National Park Service, and other agencies, in establishing Redwood parks and other parks and rescrvations. 3. To 1,n -chase Redn'ood brOves by pri- vate subscription. 4. To finer and encourage a better and more general understanding of the value of the primeval Redwood or Sequoia and other fiarests of America as natural objects of ex• traordinary interest to present and future generations. 3. To support reforestation and conserva• Saveth dwoods League - 114 SANSOME STREET, ROOM 605, SAN FRkNC1$CO, CALIFORNIA 44L0-i TELEPHONE (41S) 362--2332 CERTIFICATE I, John B. Dewitt, the duly elected and acting Secretary of Save -the -Redwoods League, do hereby certify that at a meeting of the Board of Directors of said nonprofit corporation duly called and held on the 1st day of March, 19x4, at which meeting a quorum was present, the following resolution was, upon motion duly made, seconded, and unanimously carried: RESOLUTION BE IT RESOLVED, that the Save -the -Redwoods League pledge two million dollars ($2,000,000.00) toward the acquisition by the • Midpeninsula Regional Open Space District of the 1662 acre -Wilkins property in La Purisima Canyon for inclusion in the Midpeninsula Regional Open Space District parklands; and RESOLVED FURTHER that the support of the Save -the -Redwoods League for said acquisition in the above stated amount shall be subject to the following conditions: 1. That the said property will be held in trust in perpetuity for public park and open space purposes with no further logging of Redwood or Douglas -fir trees that are growing on the property, or that may grow thereon inthe future;. and 2. No funds of the Save -the -Redwoods League. shall be allocated to the acquisition project unless the whole purchase is consummated as a unit, without risk of all or any portion of the property being foreclosed by any party; and 3. That the Save -the -Redwoods League may reserve the right to establish Redwood memorial groves on said property, and on the adjacent Whittemore Gulch property owned by said District, for the purpose of raising new funds to help protect the Redwoods. RESOLVED FURTHER that the officers of the Save -the -Redwoods League are hereby authorized and instructed to allocate funds and execute such documents as nay be necessary to out the terms of the within resolution._ such, carry IN. WITNESS WHEREOF I have hereunto set my hand this 4th- day of April, 1984. f Secretary -the-Redwoods League Site Map WHITTEMORE GULCH REDWOODS OPEN SPACE PRESERVE Scale 1" _ 2000'• . A dorth • ;Skyline 41vd :;7 J„ rJr} i, •. s 1935_] (. (i /�' 17 I_ - 1'150. Lwlc0 1 n, Proposed: 'Acquisition;;\"'"°•-; '111'; } V7:;' 11 rt • \, Menlo P sir Loh- ) �4o� (Jli q�` .` ; ,. . V\.hValvr 6 me=, at • PortaW_. . omr zt Valley qt J Appendix B 1. RESERVATION OF USE BY DISTRICT DISTRICT reserves the right to use the Subject Property in any manner consistent with the stated purposes, terms, conditions, restrictions and covenants of this Agreement and with existing zoning and other laws, rules and regula- tions of the State of California and the County of San Mateo, or by other agency having jurisdiction, as such laws, rules and regulations may hereafter from time to time be amended. DISTRICT further specifically reserves the right to do the following, such right shall in no way to be considered as a limitation of the general reservation of rights described in the preceding paragraph: (a) Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the property; (b) Construct and maintain trails for hiking and horse- back riding within the Subject Property, including both internal trails and connecting trails with adjacent DISTRICT land, such latter trails to be planned and developed by DISTRICT in accordance with the terms and conditions of Section (f) herein below; (c) Remove diseased and/or dead plants and trees as may be required to protect public health and safety_ Live trees may only be removed on an emergency basis to protect public health and safety as determined by DISTRICT, after 48 hours notice to LEAGUE; (d) Plant native species of plants; (e) Engage in scientific research and!or gathering of specimens of nature, in such a way as to not jeopardize the natural and scenic character of the Subject Property or damage or destroy the Redwood trees thereon; (f) Develop and use the Subject Property for public open space and public low -intensity recreational use as follows: (1) Definition. All public facilities which might be developed or enhanced on the Subject Property, which would be considered by the parties hereto to be open space or low intensity recreation use, include by way of illustration, but not limitation: a) unpaved pedestrian hiking trails b) unpaved equestrian trails and patrol roads c) casual picknicking and rustic restroom facilities d) kite flying and open play areas e) wildlife observation areas f) meditation areas g) nature study areas h) unpaved parking areas i) photography or landscape painting areas j) primitive backpack camps (2) Development. DISTRICT shall plan, design and develop such facilities as are reasonably necessary for public use and enjoyment of the Subject Property for open space or low intensity recreation as defined above. In the event any live trees are proposed for removal as a part of such development plans, LEAGUE shall have the right of design review and comment privileges on any and all open space and low intensity develop- ment. With regard to open space development of the Sub- ject Property, wherein live trees are proposed for removal, an application for design review and comment shall be made by DISTRICT to LEAGUE_ The application shall include a site plan showing the location of all proposed trails, planted or landscaped areas, proposed grading or other development or improvements, and indicating the proposed uses or activities on the property, and specifically showing the location, height and diameter of any Redwood or other tree proposed for removal as a part of such development plan_ Within thirty days from the filing of an applica- tion with LEAGUE, LEAGUE shall review the site plan and drawings, and shall make its recommendations and comments based upon the following objectives: a) to ensure adherence to the terms, conditions and purposes of this Agreement; b) to satisfy themselves that every effort has been made by DISTRICT to avoid as much as possible the removal of Redwood and other trees. T GIVOVe The design review provided for herein is advisory only and DISTIRCT shall consider, but shall be free to accept, reject or modify the recommenda- tions of LEAGUE. 2. LIMITATIONS ON USE BY DISTRICT DISTRICT covenants and agrees for itself and its successors and assigns except where contrary to the above described rights specifically retained, DISTRICT shall strictly adhere to the following: (a) That the Subject Property shall forever be used for public park, recreation and open space purposes and shall be dedicated to such purposes by DISTRICT in accordance with Section 5540 of the Public Resources Code of the State of California. (b) That no commercial logging shall ever take place on the Subject Property. (c) That, except as provided in Section 1 hereinabove, no Redwood or Douglas fir trees growing now or in the future on said Subject Property shall be cut, logged, uprooted or removed from -the property with- out the prior written consent of the Save -the -Redwoods League, a California non-profit corporation, or its successors or designees. (d) That, no disturbance of other plant species, nor of animal population or habitat, shall occur on the Subject Property, except as may be necessary for maintenance and use of the Subject Property as a public park and open space preserve as provided in Section 1 above, or to abate disease and/or eliminate an imminent hazard to the public. ISGIVOVS 3. USE BY LEAGUE The Save -the -Redwoods League shall be permitted to desig- nate sites, up to five acres in size, as Redwood memorial or honor groves on the Subject Property, and property adjacent to the Subject Property owned and operated by DISTRICT in Whittemore Gulch, for the purpose of raising new funds for continued protection of Redwood trees and Redwood forests. 4. ENFORCEMENT DISTRICT grants to LEAGUE, the right, but not the obligation, to enter upon the Subject Property for the purpose of moni- toring and enforcing any term, condition, restriction or covenant of this Agreement or to prevent or prohibit any activity which is contrary to the stated purposes, terms, conditions, restrictions or covenants of this Agreement which will or may destroy the natural and scenic character- istics of the Subject Property. The stated purposes, terms, conditions, restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 5. MUTUAL INDEMNITY Each party shall indemnify and hold harmless the other from any and all claims arising out of activities conducted by or under the auspices of the indemnifying party. 6. CONDEMNATION In the event the Subject Property or any portion thereof is sought to be condemned for another public use, this Agree- ment and each and every term, condition, restriction and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation as to that por- tion of the Subject Property sought to be taken for another public use only, but shall remain in effect relative to all other portions of the Subject Property. The DISTRICT shall be entitled to such compensation for the taking as it would have been entitled had the Subject Property not been bur- dened by this Agreement; provided, however, that each and every term, condition, restriction and covenant of this Agreement shall be observed by DISTRICT, its successors or assigns, during the pendency of such action and provided further that in the event such action is abandoned prior to the recordation of a final Judgement in condemnation relative to the Subject Property, or some portion thereof is not actually acquired for such other public use, the Subject Property shall, at the time of such abandonment, or at the time it is deteLmined that the Subject Property shall not be taken for such other public use, once again be subject to this Agreement and to each and every stated purpose, term, condition, restriction and covenant of this Agreement. Provided, however, that if the Subject Property or any portion thereof is sought to be acquired, appropri- ated, or condemned for a use incompatible with this Agree- ment, by any other public or quasi -public entity, the pre- sumptions contained in Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code shall be asserted by DISTRICT to protect itsand the LEAGUE'S interest in the Subject Property, and preserve the open space and recreation character thereof. 7. ENFORCEABLE RESTRICTION This Agreement and each and every term, condition, restric- tion and covenant contained herein is intended (a) for the benefit of the LEAGUE, its successors or assigns: and (b) for the benefit of the residents of the Midpeninsula area in which this property is located; and constitutes an enforce- able restriction. This covenant is expressly intended by Ib6ItOVS DISTRICT and LEAGUE to run with the land described in said Exhibit "A", to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest therein, and shall be enforceable by the LEAGUE, its successors and assigns. THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT STATE OF CALIFORNIA COUNTY OF Sao Mateo nismarnarstinirialumnesimwometrigh MARIE A. JACOBSON NOTARY PRINCIPAL c ;FF10E Ifv ;�- SAN MA rEo COUNTY Itx !y omrilkcsrvn Evrara 4uc. e, TPrrj uszzt+ stirt;,;,;m;��` GENERAL ACKNOWLEDGMENT' Form N0 16 .Rev. 7-82 itSS By: A President, Board of Directors Dated: Attest: ON April 1.8th, undersigned, a , 19 84 undersigned, Daniel d Notary Public in and fors before me, the iel G. endin e , Board no ofty arid rssonallypen appeared �(I'res Aden t Per, Sfl_ee Dzstr -------- . - -- Directors, if clfa------ �.la proved to me on the basis ._.---- - ---• --•-• •- ---• ---•-•-. .._ - -. --- ©f satisfactory evidence to be the - _-.-w • z�------------- subscribed - - - - - ta this instra person_ whose name ____ •-he______ executed it, meat, and acknowledged t° me that Notary's Signature S r `ri tea, A. Jae° `-� Cb A The Iand reFerred to herein is situated in the Stag of CALIFORNIA County o r SAN MATEO and is described as follows: BEGINNING AT THE NORTHWEST CORNER OF SECTION I, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE FROM SAID POINT OF BEGINNING, ALONG THE NORTH LINE OF SAID SECTION 1, EASTERLY TO THE NORTHEAST CORNER OF SECTION 1, WHICH POINT IS ALSO THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE WEST LINE OF SAID SECTION 31 NORTHERLY TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 31, EASTERLY TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE NORTHERLY LINE OF LOT 4 IN SAID SECTION 31, SOUTH 89 DEGREES 37 MINUTES 30 SECONDS EAST TO THE POINT OF INTERSECTION THEREOF WITH THE WESTERLY LINE OF A ROAD KNOWN AS QUARRY ROAD, SAID INTERSECTION POINT BEING THE WESTERLY GATE POST OF A GATE ACROSS SAID QUARRY ROAD AND SAID POINT BEING DISTANT NORTH 899 DECREES 37 MINUTES 30 SECONDS WEST 532. FEET, MORE OR LESS, FROM ENGINEER'S STATION NO. 226+69.6 OF THE STATE HIGHWAY SURVEY OF SKYLINE BOULEVARD AND ALSO BEING THE NORTHWEST CORNER OF THAT CERTAIN 6.30 ACRE PARCEL DESCRIBED IN DEED TO EDW. J. HIGGINS AND WIFE, RECORDED OCTOBER 22, 1954 IN BOOK 2674 OF OFFICIAL RECORDS AT PAGE 22 (FILE NO. 96026—L), RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE LEAVING SAID NORTH LINE OF LOT 4 AND RUNNING ALONG THE EXTERIOR BOUNDARIES OF SAID 6.30 ACRE TRACT, SOUTH 17 DEGREES 03 MINUTES 00SECONDSEAST 495 FEET; THENCE SOUTH 76 DEGREES 42 MINUTES 00 SECONDS EAST 105 FEET; THENCE NORTH 58 DEGREES OS MINUTES 00 SECONDS EAST 541 FEET TO A FENCE CORNER; THENCE NORTH 73 DEGREES OG MINUTES EAST 165.5 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID SKYLINE BOULEVARD AT A .POINT THEREON WHICH I5 DISTANT SOUTH 27 DEGREES 43 MINUTES EAST 195 FEET FROM THE INTERSECTION OF SAID SOUTHWESTERLY LINE WITH SAID NORTH LINE OF LOT 4 IN SECTION 31; THENCE ALONG SAID SOUTHWESTERLY LINE OF SKYLINE BOULEVARD, SOUTHEASTERLY 400 FEET, MORE OR LESS, TO A POINT THEREON WHICH IS DISTANT NORTHWESTERLY 322.27 FEET, ALONG THE ARC OF A 1950 FOOT RADIUS CURVE, FROM A POINT OF INTERSECTION OF SAID SOUTHWESTERLY LINE OF SKYLINE BOULEVARD WITH THE WESTERLY BOUNDARY OF THE RANCHO CANADA DE RAYMUNDO; THENCE LEAVING SKYLINE BOULEVARD, SOUTH 53 DEGREES 55 MINUTES 473.8 FEET; THENCE SOUTH 34 DEGREES 36 MINUTES EAST 299.1 FEET; THENCE NORTH 64 DEGREES 05 MINUTES EAST 15 FEET TO THE EASTERLY LINE OF THE LANDS DESCRIBED IN QUITCLAIM DEED FROM JOHN H. WILMARTH TO EDWARD J. HIGGINS, RECORDED NOVEMBER 16, 1948 IN BO+Or, 1593 OF OFFICIAL RECORDS AT PAGE 191, RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE DUE SOUTH 750 FEET, MORE OR LESS, TO A PRINT IN THE MEDIAN LINE OF WHITTEMORE GULCH; THENCE ALONG SAID MEDIAN LINE, SOUTHEASTERLY 100 FEET, MORE OR LESS. TO AN IRON! PIPE MONUMENT SET AT AN ANGLE POINT IN THE WESTERLY LINE OF LOT 47, AS SAID LOT IS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP NO. 2 OF SIERRA MORENA WOODS," FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY ON DECEMBER 15, 192$ IN BOOK 12 OF MAPS AT PAGE 12; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47 AND ALONG THE WESTERLY LINE OF THE PARCEL SHOWN AS LANDS OF DAVENPORT BROMFIELD ON SAID MAP, SOUTH 5 DEGREES 00 MINUTES WEST 1189 FEET TO AN IRON PIPE MONUMENT SET AT THE SOUTHWEST CORNER OF THE LANDS SHOWN ON SAID MAP; THENCE ALONG THE SOUTHERLY LINE OF SAYD LANDS, EASTERLY 1290 FEET, MORE OR LESS, TO THE NORTHERLY PROLONGATION OF THE WESTERLY BOUNDARY OF THAT CERTAIN NAP ENTITLED, "MAP OF REDWOOD PARK SUBDIVISION NO. 2," FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY ON DECEMBER 7, 1908 IN BOOK 6 OF MAPS, AT PAGE 49; THENCE SOUTHERLY, ALONG SAID NORTHERLY PROLONGATION OF THE WESTERLY BOUNDARY CF REDWOOD PARK NO. 2, TO THE NORTHWEST CORNER OF LOT 63 IN BLOCK 62 AS SAID LOT AND BLOCK ARE SHOWN ON SAID MAP OF REDWOOD PARK NO. 2; THENCE CONTINUING ALONG THE WESTERLY LINE OF LANDS SHOWN ON SAID MAP, SOUTHERLY TO THE SOUTHWEST CORNER OF THE LANDS SHOWN ON SAID MAP; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LAST MENTIONED MAP AND CONTINUING ALONG THE SOUTHERLY BOUNDARY OF THE MAP OF REDWOOD PARK SUBDIVISION NO. 3, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY ON DECEMBER 21, 1908 IN BOOM[ 6 CF MAPS AT PAGE 52, AND ITU EASTERLY PROLONGATION FOR A DISTANCE OF 5100 FEET, MORE OR LESS. TO INTERSECT THE WESTERLY BOUNDARY LINE OF -THE RANCHO CANADA DE RAYMUNDO; THENCE ALONG SAID BOUNDARY LINE, SOUTHEASTERLY 1300 FEET, MORE OR LESS, TO THE POINT WHERE SAID BOUNDARY LINE INTERSECTS THE WESTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY KNOWN AS SKYLINE BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE, SOUTHEASTERLY 500.00 FEET, MORE OR LESS, TO THE NORTHWESTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED FROM LOUIS I. BOGGIO AND WIFE, TO JOHN A. I3ERTOCCHI, ET AL, DATED NOVEMBER 24, 1953 AND RECORDED NOVEMBER 27, 1953 IN BOOK 2545 OF OFFICIAL RECORDS AT PAGE 240 (FILE NO. 21564-L), RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE ALONG SAID NORTHWESTERLY BOUNDARY LINE, SOUTHWESTERLY 2300.0 FEET, MORE OR LESS, TO INTERSECT WITH THE CENTER LINE OF FROMENT ROAD, AS SAID ROAD IS SHOWN ON THAT CERTAIN MAP ENTITLED, "KING'S MOUNTAIN PARK SAN MATEO COUNTY, CALIFORNIA," FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY ON JANUARY 12, 1925 IN BOOK 16 OF MAPS, AT PAGES 59 AND 60, AND SAID POINT OF INTERSECTION BEING OPPOSITE THE NORTHEAST CORNER OF LOT 1 AS SHOWN ON SAID MAP► THENCE ALONG SAID CENTER LINE OF FROMENT ROAD; NORTH 66 DEGREES 12 MINUTES WEST 80 FEET, MORE OR LESS, TO AN ANGLE POINT IN SAID CENTER LINE; THENCE CONTINUING SOUTH 44 DEGREES 37 MINUTES 30 SECONDS WEST 300.00 FEET, MORE OR LESS, TO AN ANGLE POINT IN SAID CENTER LINE OPPOSITE THE NORTHWESTERLY LINE OF LOT 2 AS SHOWN ON SAID MAP; THENCE IN A GENERAL SOUTHERLY AND WESTERLY DIRECTION, ALONG SAID CENTER LINE OF FROMENT ROAD AS SAID ROAD I5 SHOWN ON SAID MAP, TO AN ANGLE POINT IN SAID CENTER LINE OPPOSITE THE NORTHWEST CORNER OF LOT 81; THENCE LEAVING SAID ROAD IN A GENERAL WESTERLY DIRECTION, ALONG THE CENTER OF A RIDGE DIVIDING THE WATERS OF THE PURISIr-1A CREEK FROM THE Cn WATERS OF TUNITAS CREEK, TO THE EASTERLY SIDE OF BALD MOUNTAIN, AND A POINT MARRED BY AN IRON PIPE AT THE BASE OP A TANBARK TREE, SAID POINT BEARING NORTH 83 DEGREES 24 MINUTES 09 SECONDS EAST 1633.75 FEET FROM THE U.S. COAST AND GEDDETIC SURVEY TRIANGULATION MONUMENT "BALD KNOB, 1931, SAN MATEO COUNTY, CALIF.," AT LATITUDE 37 DEGREES 25 MINUTES 24.528 SECONDS AND LONGITUDE 122 DEGREES 21 MINUTES 11.204 SECONDS; THENCE ALONG THE GENERAL NORTHERLY LINE OF LANDS DESCRIBED IN LIS PENDENS RECORDED IN BOOK 4640 OF OFFICIAL RECORDS AT PAGE 145 (FILE NO - 86163 —W), RECORDS OF SAN MATEO COUNTY, CALIFORNIA, FOR THE FOLLOWING COURSES AND _DISTANCES: SOUTH 57 DEGREES 22 MINUTES 45 SECONDS WEST 264.00 FEET, NORTH 84 DEGREES 07 MINUTES 15 SECONDS WEST 101.64 FEET, SOUTH B0 DEGREES 07 MINUTES 45 SECONDS WEST 124.74 FEET, SOUTH 68 DEGREES 07 MINUTES 45 SECONDS WEST 264.00 FEET, SOUTH 87 DEGREES 37 MINUTES 45 SECONDS WEST 203.94 FEET, NORTH 87 DECREES 34 MINUTES 11 SECONDS WEST 1055.08 FEET AND NORTH 31 DEGREES 30 MINUTES 20 SECONDS WEST 633.55 FEET TO AN ANGLE POINT IN SAID LINE; THENCE CONTINUING SOUTHWESTERLY, ALONG SAID GENERAL NORTHERLY LINE TO THE INTERSECTION THEREOF WITH THE COMMON BOUNDARY LINE DESCRIBED IN AGREEMENT BETWEEN AUGUST CAFFERATA AND VIVIAN CAFFERATA, HIS WIFE. FIRST PARTIES, AND PURISIMA CANYON CO., A PARTNERSHIP, SECOND PARTIES, DATED JANUARY 18. 1.965 AND, RECORDED MARCH 30, 1965 IN BOOK 4922 OF OFFICIAL RECORDS AT PAGE 236 (FILE NO. 31936--Y), RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE ALONG SAID COMMON BOUNDARY, NORTH 40 DEGREES 32 MINUTES 19 SECONDS WEST 6000 FEET, MORE OR LESS, TO THE NORTHWESTERLY TERMINUS THEREOF, AS DESCRIBED IN SAID BOUNDARY LINE AGREEMENT AND FROM WHICH POINT OF A CONCRETE NAIL IN THE CENTER OF A CONCRETE BRIDGE OVER PURISIMA CREEK, SET TO MARK THE POINT OF BEGINNING DESCRIBED 114 THE DEED FROM WILLIAM W. MC COY TO BENJAMIN G. LATHROP, RECORDED JULY 7, 1856 IN BOOK 1 OF DEEDS AT PAGE 1, RECORDS OF SAN MATEO COUNTY, CALIFORNIA. BEARS NORTH 40 DEGREES 32 MINUTES 19 SECONDS WEST 534.47 FEET; THENCE CONTINUING ALONG SAID AGREED COMMON BOUNDARY LINE, NORTH 79 DEGREES 12 MINUTES 48 SECONDS WEST 258.05 FEET TO A 1 INCH IRON PIPE MONUMENT UMENT TAGGED "R. E. 7320" IN PURISIMA CREED ROAD, FROM WHICH SAID CONCRETE NAIL IN THE CENTER OF THE BRIDGE BEARS NORTH 14 DEGREES 42 MINUTES 03 SECONDS WEST 370.00 FEET, SAID LAST MENTIONED POINT ALSO BEING THE SOUTHERLY TERMINUS OF THE COMMON BOUNDARY LINE BETWEEN THE LANDS OF PURISIMA CANYON COMPANY AND THE LANDS OF JEAN B. EDWARDS AND RUTH J. BERND, AS DESCRIBED IN AGREEMENT DATED MARCH 2, 1965 AND RECORDED MARCH 30, 1965 IN BOOK 4922 OF OFFICIAL RECORDS AT PAGE 233 (FILE NO. 319—Y), RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE ALONG SAID COMMON CCUNTy BOUNDARY LINE, NORTH 1 DEGREES 05 MINUTES WEST 66.98 FEET TO AN ANGLE POINT IN THE CENTER LINE OF SAID PURISIMA CREEK ROAD; THENCE CONTINUING ALONG SAID CENTER LINE, NORTH 25 DEGREES 04 MINUTES 00 SECONDS WEST 162.28 FEET, NORTH 9 DEGREES 35 MINUTES 00 SECONDS WEST 56.00 FEET AND NORTH 8 DEGREES 16 MINUTES 00 SECONDS EAST 21.06 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R. E. 7326" FROM WHICH SAID CONCRETE NAIL /N THE CENTER LINE OF SAID BRIDGE NEARS NORTH 14 DECREES 43 MINUTES 02 SECONDS WEST 68.10 FEET; THENCE CONTINUING ALONG SAID CENTER LINE, NORTH 8 DEGREES 16 MINUTES OD SECONDS EAST, 59.92 FEET TO THE CENTER LINE OF COUNTY ROAD NO. 39; THENCE ALONG SAID CENTER LINE, NORTH 75 DEGREES 46 MINUTES 00 SECONDS WEST 26.72 FEET TO THE SAID CONCRETE NAIL IN THE CENTER OF THE CONCRETE BRIDGE OVER PURISIMA CREEK THENCE LEAVING SAID -'. -' - rat Or l LAST MENTICNED COMMON BOUNDARY LINE AND ALONG THE SOUTHWESTERLY LINE OF LANDS QUITCLAIMED BY FLOR I NDA NELSON AND A.S. HATCH, ET AL, I3Y DEED RECORDED JUNE 10, 1927, IN BOOK 296 OF OFFICIAL RECORDS AT PAGED 440 RECORDS OF SAN -MATED COUNTY CALIFORNIA, NORTH 14 DEGREES 42 MINUTES 03 SECONDS WEST 1126.91 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R. E. 7325," SET ON THE NORTHERLY LINE OF LOT 1 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 5 WEST, DISTANT THEREON NORTH S9 DEGREES 49 MINUTES 12 SECONDS WEST 528.00 FEET FROM THE LINE BETWEEN SAID SECTION 2 AND SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 89 DEGREES 49 MINUTES 12 SECONDS EAST 528.00 FEET TO SAID LINE BETWEEN SECTION 1 AND SECTION 2; THENCE NORTHERLY, ALONG SAID DIVIDING LINE, 2640 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PARCEL OF LAND: BEGINNING AT A REDWOOD POST ON THE LINE FIRST DESCRIBED IN THE DEED FROM MC COY TO LATHROP, RECORDED IN BOOK 1 OF DEEDS AT PAGE 1, RECORDS OF SAN MATEO COUNTY, CALIFORNIA, DISTANT THEREON 9 CHAINS FROM THE POINT OF COMMENCEMENT AS DESCRIBED IN SAID DEED; THENCE EASTERLY 8 CHAINS 40 FEET TO A REDWOOD POST SET IN A GULCH ABOUT 40 FEET ABOVE A LARGE REDWOOD TREE STANDING IN OR NEAR THE GULCH; THENCE UP THE GULCH 7.00 CHAINS TO A POINT WHERE THE LINE CROSSES, AS DESCRIBED IN THE DEED ABOVE MENTIONED; GO THENCE ALONG SAID LINE, IN A NORTHWEST DIRECTION, T4 THE POINT OF BEGINNING. BEING THE LAND CONVEYED BY NATHANIEL C. LANE TO B. G_ LATHROP, BY DEED C0 DATED NOVEMBER 20, 1861 AND RECORDED DECEMBER 17, 1E61 IN BOOK 3 OF DEEDS AT PAGE 51, RECORDS .OF SAN MATEO COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM SO MUCH OF LOTS 1, 2, 3, AND 4 IN SECTION 8 AS LIES NORTH OF THE COMMON BOUNDARY LINE ESTABLISHED BY AGREEMENT BETWEEN CHARLES W. BORDEN, ,JENNIE H. HARTLEY, AND MARY BROMFIELD, ET AL, DATED NOVEMBER 23, 1900 AND RECORDED NOVEMBER 24, 1908 IN BOOK 16 OF MISCELLANEOUS RECORDS AT PACE 364, RECORDS OF SAN MATEO COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LANDS. AS CONVEYED BY DEED FROM EDWARD J. HIGGINS AND LILLIAN C. HIGGINS' HUSBAND AND WIFE, TO CHARLES F. STEELE, SINGLE, DATED MAY 19, 1447 AND RECORDED MAY 23, 1947 IN BOOK 1366 OF OFFICIAL RECORDS AT PAGE 74, RECORDS OF SAN MATEO COUNTY, CALIFORNIA: PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE MEDIAN LINE OF A ROAD KNOWN AS THE COUNTY FIRE WARDEN'S ROAD, SAID POINT OF BEGINNING BEING THE FOLLOWING COURSES AND DISTANCES, ALONG SAID MEDIAN LINE OF ROAD, FROM THE SOUTHWEST CORNER OF LOT 47, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP N. 2 OF SIERRA MORENA WOODS," FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO A r-. w 4:,1' i€ mss. COUNTY ON DECEMBER 15, 1924 IN BOOR 12 OF MAPS, AT PAGE 12; SOUTH 71 DEGREES 50 MINUTES WEST 157 FEET, SOUTH 24 DEGREES 03 MINUTES WEST 62 FEET, SOUTH 0 DEGREES 42 MINUTES WEST 130 FEET AND SOUTH 25 DEGREES 17 MINUTES WEST 57 FEET TO SAID POINT OF BEGINNING; THENCE CONTINUING ON AND ALONG SAID MEDIAN LINE, SOUTH 42 DEGREES 34 MINUTES WEST 134 FEET, SOUTH 31 DEGREES 26 MINUTES WEST 150 FEET, SOUTH 64 DECREES 26 MINUTES . WEST 75 FEET AND SOUTH 34 DEGREES 12 MINUTES WEST 162 FEET; THENCE LEAVING SAID MEDIAN LINE, NORTH 9 DEGREES 11 MINUTES WEST 210 FEET, NORTH 44 DEGREES 02 MINUTES EAST 215 FEET AND SOUTH 53 DEGREES 46 MINUTES EAST. 267 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING: ALL OF LAND DESCRIBED IN THAT CERTAIN QUITCLAIM DEED FROM WILLIAM T. WILKINS, AS HIS SEPARATE PROPERTY, TO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT, RECORDED AUGUST 6, 1952 AS SERIES NO. 82067176, SAN MA i EO COUNTY RECORDS, DESCRIBED AS FOLLOWS: CD A PORTION OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN. SAID PORTION BEING FURTHER DESCRIBED AS FOLLOWS: CiD "� BEGINNING AT THE MOST NORTHERLY CORNER OF THE LANDS OF EDWARD D. VALLERGA, AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER I0, 1957 IN BOOT[ 331B OF OFFICIAL RECORDS OF SAN MATE© COUNTY AT PAGE 699; THENCE ALONG THE NORTHEASTERLY LINE OF LAST SAID LANDS SOUTH 53 DEGREES 51 MINUTES 46 SECONDS EAST 265.38 FEET (SOUTH 53 DEGREES 46 MINUTES EAST 267 FEET PER SAID DEED) TO A POINT ON THE COUNTY FIRE WARDENS ROAD); THENCE ALONG LAST SAID ROAD NORTH 25 DEGREES 17 MINUTES 00 SECONDS EAST 57.00 FEET AND NORTH 00 DEGREES 42 MINUTES O0 SECONDS EAST 54.12 FEET; THENCE LEAVING LAST SAID LINE ALONG THE FOLLOWING COURSES_ NORTH 53 DEGREES 51 MINUTES 46 SECONDS WEST 433.72 FEET; SOUTH 36 DEGREES 09 MINUTES 14 SECONDS WEST 161.20 FEET; SOUTH 24 DEGREES 38 MINUTES 59 SECONDS WEST 568.34 FEET; NORTH B3 DEGREES 12 MINUTES 05 SECONDS EAST 170.82 FEET; SOUTH 83 DEGREES 31 MINUTES 41 SECONDS EAST 90.49 FEET; TO THE SOUTHWEST CORNER OF SAID LANDS OF VALLERGA. THENCE ALONG THE BOUNDARY OF LAST SAID LANDS NORTH 9 DEGREES 11 MINUTES 00 SECONDS WEST 210.00 FEET TO A FOUND 3/4 INCH IRON PIPE MONUMENT; THENCE CONTINUING ALONG THE LAST SAID BOUNDARY NORTH 44 DEGREES 02 MINUTES 00 SECONDS EAST 312.24 FEET (315 FEET PER SAID DEED) TO AN AXLE MARKING THE POINT OF BEGINNING. rape of 1" ALSO EXCEPTING THEREFROM THE FOLLOW INC PROPERTY: 1.. ALL THAT LAND IN SECTION 31, TOWNSHIP 5 SHIP. RANGE 4 WEST, MOUNT DIABLO MERIDIAN AND BASELINE. 2. THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE MERIDIAN AND BASE LINE. AND FURTHER EXCEPTING THEREFROM, ALL OF THE LAND CONVEYED BY WILLIAM T. WILKINS TO MIDFENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT. BY GRANT DEED RECORDED ON AUGUST 6, 1982, AS SERIES ND. 02467175. SAN ;'GATED COUNTY RECORDS, AND DESCRIBED AS FOLLOWS: PARCEL ONE: BEGINNING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABL❑ BASE AND MERIDIAN; THENCE FROM SAID POINT OF BEGINNING, ALONG THE NORTH LINE OF SAID SECTION 1, EASTERLY TO THE NORTHEAST CORNER OF SECTION 1, WHICH POINT IS ALSO THE. SOUTHWEST CORNER OF SECTION 31; TOWNSHIP 5 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE WEST LINE OF SAID SECTION 31 NORTHERLY TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST GUARTER OF SAID SECTION 31, EASTERLY TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE NORTHERLY LINE OF LOT 4 IN SAID SECTION 31, SOUTH 89 DEGREES 37 MINUTES 30 SECONDS EAST TO THE POINT OF INTERSECTION THEREOF WITH THE WESTERLY LINE OF A ROAD KNOWN AS THE GUARRY ROAD, SAID INTERSECTION POINT BEING THE WESTERLY GATE POST ❑F A, GATE ACROSS SAID GUARRY ROAD AND SAID POINT BEING DISTANT NORTH 89 DECREES 37 MINUTES 30 SECONDS WEST '832 FEET, MORE OR LESS, FROM ENGINEER'S STATION ND. 226+-69.6 OF THE STATE HIGHWAY SURVEY ❑F SKYLINE BOULEVARD AND ALSO BEING THE NORTHWEST CORNER OF THAT CERTAIN 6.30 ACRE PARCEL DESCRIBED IN DEED TO EDW. J. HIGGINS AND WIFE, RECORDED OCTOBER 22, 1954 IN B0D}L. 2674 OF OFFICIAL RECORDS AT PAGE 22 (FILE NO. 96026-L), RECORDS OF SAN MATED COUNTY, CALIFORNIA; THENCE LEAVING SAID NORTH LINE OF LOT 4 AND RUNNING ALONG THE EXTERIOR BOUNDARIES OF SAID 6.30 ACRE TRACT, SOUTH 17 DEGREES 03 MINUTES 00 SECONDS EAST 495 FEET; THENCE SOUTH 7, DEGREES 42 MINUTES 00 SECONDS EAST 105 FEET; THENCE NORTH 58 DEGREES 00 MINUTES OD SECONDS EAST 541 FEET TO A FENCE CORNER; THENCE NORTH 73 DEGREES 08 MINUTES EAST 165.5 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID SKYLINE BOULEVARD AT A POINT THEREON WHICH IS DISTANT SOUTH 27 DEGREES 43 MINUTES EAST 195 FEET FROM THE INTERSECTION OF SAID SOUTHWESTERLY LINE WITH SAID NORTH LINE OF LOT 4 IN SECTION 31; THENCE ALONG SAID SOUTHWESTERLY LINE OF SKYLINE BOULEVARD, SOUTHEASTERLY 400 FEET, MORE OR LESS, TO A POINT THEREON WHICH IS DISTANT NORTHWESTERLY 322.27 FEET, ALONG THE ARC OF A 1950 FOOT RADIUS CURVE, FROM A POINT OF INTERSECTION OF SAID SOUTHWESTERLY LINE OF SKYLINE BOULEVARD WITH THE WESTERLY BOUNDARY OF THE RANCHO CANADA DE RAYMUNDD; THENCE LEAVING SKYLINE BOULEVARD, SOUTH 53 DEGREES 55 MINUTES WEST 473.8 FEET; THENCE SOUTH 34 DEGREES 36 MINUTES EAST 299.1 FEET; THENCE NORTH 64 DEGREES 05 MINUTES EAST 15 FEET TO THE EASTERLY LINE OF THE LANDS DESCRIBED IN QUITCLAIM D ED FROM JOHN H. WI LMAN H TO EDWARD J. HI GG I,NS, hECORDED NOVEMBER 16, 1(48 IN BOCA 1593 OF OFFICIAL RECORDS AT PACE 191, RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE DUE SOUTH 750 FEET, MORE OR LESS, TO A PRINT IN THE MEDIAN LINE OF WHITTEMORE GULCH; THENCE ALONG SAID MEDIAN LINE. SOUTHEASTERLY 100 FEET, MORE OR LESS, TO AN IRON PIPE MONUMENT SET AT AN ANGLE POINT IN THE WESTERLY LINE OF LOT 47, AS SAID LOT I5 SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP NO. 2 OF SIERRA MORENA WOODS," FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA. ON DECEMBER 15, 1924 IN BOOR 12 OF MAPS AT PAGE 12; THENCE ALONG THE WESTERLY LINE OF SAID LOT 47 AND ALONG THE WESTERLY LINE OF THE PARCEL SHOW AS LANDS OF DAVENPORT BROMFIELD ON SAID MAP, SOUTH 5 DECREES 00 MINUTES WEST 1189 FEET TO AN IRON PIPE MONUMENT SET AT THE. SOUTHWEST CORNER OF THE LANDS SHOWN ON SAID MAP; THENCE LEAVING SAID SOUTHWEST CORNER, SOUTH 49 DEGREES 02 MINUTES 15 SECONDS WEST, 1775.12 FEET; THENCE SOUTH, 480.00 FEET, THENCE SOUTH 26 DEGREES 12 MINUTES 37 SECONDS WEST, 475.06 FEET; THENCE SOUTH, 300.00 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 62 DEGREES 21 MINUTES 36 SECONDS, WEST, 156.4? FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 6 DEGREES 58 MINUTES 31 SECONDS EAST, 138.83 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4540"; THENCE SOUTH 13 DEGREES 15 MINUTES 22 SECONDS WEST, 98.53 FEET; THENCE SOUTH 18 DEGREES 16 MINUTES 00 SECONDS WEST, 111.63 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 8 DEGREES 08 MINUTES 52 SECONDS EAST. 156.50 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4340"; THENCE SOUTH 23 DEGREES 04 MINUTES 59 SECONDS EAST, 133.67 FEET TD A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4040"; THENCE SOUTH 72 DEGREES 43 MINUTES 24 SECONDS WEST. 83.65 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 38 DEGREES 52 MINUTES 23 SECONDS WEST, 243.15 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4540"; THENCE NORTH BS DEGREES 08 MINUTES 13 SECONDS WEST, 105.73 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 27 DEGREES 55 MINUTES 10 SECONDS WEST, 76. 54 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 52 DEGREES 43 MINUTES 42 SECONDS WEST, 193.38 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH SS DEGREES 04 MINUTES 49 SECONDS WEST, 207.91 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 73 DEGREES 38 MINUTES 41 SECONDS WEST, 71.11 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 40 DEGREES 17 MINUTES 16 SECONDS WEST, 64.33 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 24 DEGREES 57 MINUTES 10 SECONDS WEST, 150.36 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 66 DEGREES 14 MINUTES 43 SECONDS WEST, 120.45 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4540", THENCE SOUTH 77 DEGREES 25' MINUTES 06 SECONDS WEST, 67.07 FEET; THENCE SOUTH 81 DEGREES 22 MINUTES 29 SECONDS WEST, 106.19 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 63 DEGREES 02 MINUTES 08 SECONDS WEST, 115.76 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840", THENCE NORTH 15 DEGREES 13 MINUTES 00 SECONDS WEST, 60.34 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4640", THENCE NORTH 67 DEGREES 06 MINUTES 00 SECONDS WEST, 104. 53 FEET TO A 3/4 INCH IRUN PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 53 DEGREES 45 MINUTES 52 SECONDS WEST, 148.61 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 51 DEGREES 49 MINUTES 14 SECONDS WEST, .137.94 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4540"; i/ IN IgG1 t'OVR THENCE NORTH 49 DECREES 07 MINUTES 51 SECONDS WEST, 118.97 FEET TO A 3/4 I.CH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 63 DEGREES 20 MINUTES 39 SECONDS WEST, 94.68 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 434?"; THENCE NORTH 49 DEGREES 36 MINUTES 13 SECONDS WEST. 120.50 FEET; THENCE NORTH 39 DEGREES 56 MINUTES 05 SECONDS WEST, 62-36 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4640"; THENCE NORTH 67 DEGREES 35 MINUTES 27 SECONDS WEST, 152.67 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 30 DEGREES 22 MINUTES 04 SECONDS WEST, 273.24 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "Lr 4840"; THENCE NORTH 2 DEGREES 11 MINUTES 11 SECONDS WEST, 40.70 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4640"; THENCE NORTH 7 DEGREES 55 MINUTES 56 SECONDS WEST, 102.68 FEET; THENCE NORTH 12 DEGREES 43 MINUTES 33 SECONDS WEST, 86.45 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 67 DEGREES 54 MINUTES 20 SECONDS EAST, 65.60 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 52 DEGREES 59 MINUTES 50 SECONDS EAST, 154.49 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 8O DEGREES 01 MINUTES 11 SECONDS EAST, 295.24 FEET; THENCE NORTH 42 DEGREES 53 MINUTES 14 SECONDS EAST, 222.80 FEET; THENCE NORTH 30 DEGREES 00 MINUTES 00 SECONDS EAST, 100.00 FEET; THENCE NORTH 20 DEGREES 00 MINUTES 00 SECONDS EAST, 50.00 FEET; THENCE SOUTH 75 DEGREES 05 MINUTES 00 SECONDS WEST, 150.00 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 63 DEGREES 00 MINUTES 25 SECONDS WEST, 207.71 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 78 DEGREES 22 MINUTES 58 SECONDS WEST, 296.51 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 67 DEGREES 32 MINUTES 45 SECONDS WEST: 109.96 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4B40"; THENCE SOUTH 59 DEGREES 57 MINUTES 33 SECONDS WEST, 187.16 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4340"; THENCE NORTH 76 DEGREES 19 MINUTES 59 SECONDS WEST, 149.45 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840", THENCE SOUTH 28 DEGREES 28 MINUTES 04 SECONDS WEST, 174.55 FEET; THENCE SOUTH 75 DEGREES 50 MINUTES 25 SECONDS WEST, 58.71 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 77 DEGREES 52 MINUTES 19 SECONDS WEST: 160.87 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 76 DEGREES 37 MINUTES 04 SECONDS WEST, 106.03 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 54 DEGREES 44 MINUTES 1? SECONDS WEST, 129.11 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 62 DEGREES 21 MINUTES 18 SECONDS WEST, 80.15 FEET TO A 3/4 INCH• IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 25 DEGREES 28 MINUTES 32 SECONDS WEST, 82.83 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 89 DEGREES 44 MINUTES 06 SECOND WEST. 128.11 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 15 DEGREES 03 MINUTES 21 SECONDS WEST, 131.43 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 67 DEGREES 48 MINUTES 29 SECONDS WEST, 79.37 FEET TO A 3/4 INCH IRON PIPE VONUMENT TAGGED "LS 4840"; THENCE SOUTH 75 DEGREES 13 MINUTES 36 SECONDS WEST, 101.87 FEET; THENCE NORTH 56 DEGREES 49 MINUTES 16 SECONDS WEST, 129.17 FEET; THENCE NORTH 82 DEGREES 20 MINUTES 07 SECONDS WEST. 158.22 FEET; THENCE SOUTH 64 DEGREES 34 MINUTES 27 SECONDS WEST, 105.35 FEET; THENCE NORTH 75 DEGREES 20 MINUTES 26 SECONDS WEST, 72.88 FEET; THENCE NORTH 20 DEGREES 27 MINUTES 01 SECONDS EAST, 147.15 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4340"; THENCE NORTH, 250.00 FEET; THENCE WEST. 125.00 FEET; on 41 VENCE SOUTH 20 DEGREES 00 MINUTES DO SECONDS WEST, 190.03 FEET; THENCE oRTH 69 DEGREES 24 MINUTES 37 SECONDS WEST, 196.16 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4040"; THENCE SOUTH 43 DEGREES 02 MINUTES 15 SECONDS WEST, 400.23 FEET; THENCE NORTH 64 DEGREES 47 MINUTES 37 SECONDS WEST, 201.45 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 52 DEGREES 40 MINUTES 06 SECONDS WEST, 165.92 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4340"; THENCE NORTH 82 DEGREES 56 MINUTES 37 SECONDS WEST, 253.14 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 50 DEGREES 45 MINUTES 03 SECONDS WEST, 160.98 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 53 DEGREES 04 MINUTES 19 SECONDS WEST, 113.31 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840", THENCE SOUTH 64 DEGREES 02 MINUTES 57 SECONDS WEST, 245.76 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 80 DEGREES 36 MINUTES 50 SECONDS WEST. 117.35 FEET TC A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 67 DEGREES 48 MINUTES 50 SECONDS WEST, 204.36 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 85 DEGREES 45 MINUTES 43 SECONDS WEST, 163.84 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 65 DEGREES 00 MINUTES 21 SECONDS WEST, 151.81 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840". THENCE NORTH BF DEGREES 57 MINUTES 16 SECONDS WEST, 60.78 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 82 DEGREES 52 MINUTES 38 SECONDS WEST, 73.53 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 45 DEGREES 25 MINUTES 53 SECONDS WEST, 87.44 FEET TO A 3/4 INCH IRON PIPE .MONUMENT TAGGED "LS 4840"; THENCE NORTH 94 DEGREES 53 MINUTES 52 SECONDS WEST, 66.24 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 72 DEGREES 08 MINUTES 44 SECONDS WEST, 221.62 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 67 DEGREES 05 MINUTES 43 SECONDS WEST, 101.01 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4240"; THENCE SOUTH 44 DEGREES 10 MINUTES 46 SECONDS WEST. 237.25 FEET TO A POINT IN THE CENTER —LINE OF THE NORTHEASTERLY END OF A BIRDGE CROSSING PURISIMA CREEK; THENCE CROSSING SAID BRIDGE AND DOWN THE CENTERLINE OF AN EXISTING B FOOT WIDE DIRT ROAD SOUTH 52 DEGREES 20 MINUTES 33 SECONDS WEST, 142.00 FEET; THENCE LEAVING SAID ROAD SOUTH 12 DEGREES 57 MINUTES OB SECONDS EST, 216.07 FEET TO A POINT IN THAT LINE OF A COMMON BOUNDARY LINE DESCRIBED IN AN AGREEMENT BETWEEN AUGUST CAFFERATA AND VIVIAN CAFFERATA, HIS WIFE, FIRST PARTIES. AND PURISIMA CANYON CO., A PARTNERSHIP. SECOND PARTIES, DATED JANUARY 18, 1965 AND RECORDED MARCH 30, 1965 IN I30cW. 4922 QF OFFICIAL RECORDS AT PACE 236 (FILE NO. 31936—Y), RECORDS OF SAN MATEO COUNTY. CALIFORNIA; THENCE ALONG SAID AGREED COMMON BOUNDARY LINE, NORTH 79 DEGREES 12 MINUTES 48 SECONDS WEST, 150.75 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R. E. 7320" IN PURISIMA CREEK ROAD, FROM WHICH POINT A CONCRETE NAIL IN THE CENTER OF A CONCRETE BRIDGE OVER PURISIMA CREEK. SET TO MARK THE POINT OF BEGINNING DESCRIBED IN THE DEED FROM WILLIAM W. MC COY TO BENJAMIN C. LATHROP, RECORDED JULY 7, 1856 IN BOOK 1 OF DEEDS AT PAGE 1, RECORDS OF SAN MATEO COUNTY, CALIFORNIA, BEARS NORTH 14 DEGREES 42 MINUTES 03 SECONDS WEST, 370.00 FEET, SAID LAST MENTIONED POINT ALSO BEING THE SOUTHERLY TERMINUS OF THE COMMON BOUNDARY LINE BETWEEN THE LANDS OF PURISIMA CANYON COMPANY AND THE LANDS OF JEAN B. EDWARDS AND RUTH J. BERND, AS DESCRIBED IN AGREEMENT DATED MARCH 2. 1965 AND RECORDED MARCH 30, 1945 IN BOOK 4922 OF OFFICIAL RECORDS AT PAGE 233 EX i-11 E; /T INGIV Ot 9 (FILE NO. 31935--Y), RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE r'. LUNG SAID COMMON BOUNDARY LINE, NORTH 1 DEGREES 05 MINUTES WEST. 66.93 FEET TO AN ANGLE POINT IN THE CENTER LINE OF PURISIMA CREEK ROAD; THENCE CONTINOING ALONG SAID CENTER LINE, NORTH 25 DEGREES 04 MINUTES 00 SECONDS WEST, 162.28 FEET; THENCE NORTH 9 DEGREES 35 MINUTES 00 SECONDS WEST, 58.00 FEET, AND THENCE NORTH 8 DEGREES 16 MINUTES 00 SECONDS EAST, 21.08 FEET TO A 1 INCH IRON PIPE !MONUMENT TAGGED "R.. E. 7328" FROM WHICH SAID CONCRETE NAIL IN THE CENTER OF SAID BRIDGE BEARS NORTH 14 DEGREES 43 MINUTES 02 SECONDS WEST, 68.10 FEET; THENCE CONTINUING ALONG SAID CENTERLINE, NORTH 8 DEGREES 16 MINUTES 00 SECONDS EAST, 59.92 FEET TO THE CENTERLINE OF COUNTY ROAD NO. 39; THENCE ALONG SAID CENTERLINE NORTH 75 DEGREES 46 MINUTES 00 SECONDS TEST, 26.72 FEET TO THE SAID CONCRETE NAIL IN THE CENTER OF THE CONCRETE BRIDGE OVER PURISIHA CREEK; THENCE LEAVING SAID LAST MENTIONED COMMON BOUNDARY LINE AND RUNNING ALONG THE SOUTHWESTERLY LINE OF LANDS QUITCLAIMED BY FLORINDA NELSON AND A. S. HATCH, ET AL, BY DEED RECORDED JUNE 10, 1927, IN i300K 296 OF OFFICIAL RECORDS AT PAGE 440, RECORDS OF SAN MATEO COUNTY. CALIFORNIA; THENCE NORTH 14 DEGREES 42 MINUTES 03 SECONDS WEST, 1126.91 FEET TO A 1 INCH IRON PIP` MONUMENT TAGGED "R. E. 7323" SET ON THE NORTHERLY LINE OF LOT 1 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 SOUTH. RANGE 5 WEST, DISTANT THEREON NORTH 89 DEGREES 49 MINUTES 12 SECONDS WEST, 528.00 FEET FROM THE LINE BETWEEN SAID SECTION 2 AND SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 89 DEGREES 49 MINUTES 12 SECONDS EAST, 528.00 FEET TO SAID LINE BETWEEN SECTION 1 AND SECTION 2; THENCE NORTHERLY, ALONG SAID DIVIDING LINE, 2640 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LANDS, AS CONVEYED BY DEED FROM EDWARD J. HIGGINS AND LILLIAN C. HIGGINS, HUSBAND AND WIFE, TO CHARLES F. STEELE, SINGLE, DATED MAY 19, 1947 AND RECORDED MAY 22, 1947 IN BOOK 1366 OF OFFICIAL RECORDS AT PAGE 74, RECORDS OF SAN MATEO COUNTY, CALIFORNIA. PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST, MOUNT DIAi3LO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE MERIDIAN LINE OF A ROAD KNOWN AS THE COUNTY FIRE WARDEN'S ROAD; SAID POINT OF BEGINNING BEING THE FOLLOWING COURSES AND DISTANCES, ALONG SAID MEDIAN LINE ROAD, FROM THE SOUTHWEST CORNER OF LOT 47, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP NO. 2 OF SIERRA MORENA WOODS," FILED IN THE OFFICE OF THE RECORDER OF SAN MATE] COUNTY ON DECEMBER 15, 1924 IN BOOK 12 OF MAPS AT PACE 12; SOUTH 71 DEGREES 50 MINUTES WEST 157 FEET, SOUTH 24 DEGREES08 MINUTES WEST 62 FEET, SOUTH 0 DEGREES 42 MINUTES WEST 150 FEET AND SOUTH 25 DEGREES 17 MINUTES WEST 57 FEET TO SAID POINT OF BEGINNING; THENCE CONTINUING ON AND ALONG SAID MEDIAN LINE, SOUTH 42 DECREES 39 MINUTES WEST 134 FEET, SOUTH 31 DEGREES 26 MINUTES WEST 150 FEET, SOUTH 64 DEGREES 26 MINUTES WEST 75 FEET AND SOUTH 84 DEGREES 12 MINUTES WEST 162 FEET; THENCE LEAVING SAID MEDIAN LINE, NORTH 9 DEGREES 11 MINUTES WEST 210 FEET, NORTH 44 DEGREES 02 MINUTES EAST 315 FEET AND SOUTH 53 DEGREES 4b MINUTES EAST 267 FEET TO THE POINT OF BEGINNING. /0 Qi ALSO EXCEPTING THEREFROM THE FOLL❑WING PROPERTY: 1. ALL THAT LAND IN SECTION 31, TOWNSHIP S SOUTH, RANGE 4 WEST. MOUNT DIABLO MERIDIAN AND BASELINE. 2. THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 1. TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT DIABLO MERIDIAN AND BASE LINE. ALSO EXCEPTING THEREFROM THE FOLL❑WING: ALL OF LAND DESCRIBED IN THAT CERTAIN MEMORANDUM OF AGREEMENT FOR SALE ON REAL PROPERTY, RECORDED JUNE 10, 1975 IN VOLUME 6883, PAGE 435, SERIES NO. 57309 --AI. SAN MATEO COUNTY RECORDS. DESCRIBED AS FOLLOWS: A PORTION OF THE N❑RTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN. SAID PORTION BEING FURTHER DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST NORTHERLY CORNER OF THE LANDS OF EDWARD D. VALLERQA, AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER 10, 1957 IN BOOK 3318 OF OFFICIAL RECORDS OF SAN MATEO COUNTY AT PAGE 699; THENCE ALONG THE NORTHEASTERLY LINE OF LAST SAID LANDS SOUTH 53 DEGREES 51 MINUTES 46 SECONDS EAST 265.38 FEET (SOUTH 53 DEGREES 46 MINUTES EAST 267 FEET PER SAID DEED) TO A POINT ON THE COUNTY FIRE WARDEN'S ROAD); THENCE ALONG LAST SAID ROAD NORTH 25 DEGREES 17 MINUTES 00 SECONDS EAST 57.00 FEET AND NORTH 00 DEGREES 42 MINUTES 00 SECONDS EAST 54.12 FEET; THENCE LEAVING LAST SAID LINE ALONG THE FOLLOWING COURSES: NORTH 53 DEGREES 51 MINUTES 46 SECONDS WEST 433.72 FEET; SOUTH 36 DEGREES 08 MINUTES 14 SECONDS WEST 161.20 FEET; SOUTH 24 DEGREES 38 MINUTES 59 SECONDS WEST 568.34 FEET; NORTH 83 DEGREES 12 MINUTES 05 SECONDS EAST 170.82 FEET; SOUTH 83 DEGREES 31 MINUTES 41 SECONDS EAST 90.49 FEET; TO THE SOUTHWEST CORNER OF SAID LANDS OF VALLERGA. THENCE ALONG THE BOUNDARY OF LAST SAID LANDS NORTH 9 DEGREES 11 MINUTES 00 SECONDS WEST 210.00 FEET TO A FOUND 3/4 INCH IRON PIPE MONUMENT; THENCE CONTINUING ALONG THE LAST SAID BOUNDARY NORTH 44 DEGREES 02 MINUTES 00 SEC❑NDS EAST 312.24 FEET (315 FEET PER SAID DEED) TO AN AXLE MARKING THE POINT ❑F BEGINNING. PARCEL II: EXH13r r of A NON-EXCLUSIVE EASEMENT FOR PUBLIC EOUESTRUAN/PEDESTRIAN! ACCESS ( AS SUCH USE MAY BE DETERMINED BY DISTRICT FROM TIME TO TIME,) AND VEHICULAR ACCESS SOLELY FOR DISTRICT, ITS OFFICERS, AGENTS, NE EMPLOYEES FOR PATROL AND MAINTENANCE PURPOSES OVER THE EXISTING PRIVATE ROAD EXTENDING FROM HARKINS' RIDGE TO PURISIMA ROAD (PRIVATE) AND THENCE CONTINUING OVER THE EXISTING PURISIMA ROAD (PRIVATE) TO THE PROPERTY AT HIGGINS-PURISIMA ROAD (PUBLIC.) PARCEL III: THOSE CERTAIN EASEMENT RIGHTS AS CONTAINED IN THE AGREEMENT DATED JULY 15, 1952, AND RECORDED JULY 20, 1962 UNDER SAN MATEO COUNTY RECORDERS' SERIES NO. 8200934, EXECUTED BY AND BETWEEN RANCHO CANADA DE VERDE, INC., ALAN HOSKING, DEALING WITH HIS SEPARATE PROPERTY, AND WILLIAM T. WILKINS, DEALING WITH HIS SEPARATE PROPERTY, DESCRIBED AS FOLLOWS: A NON --EXCLUSIVE EASEMENT 60 FEET WIDE FOR INGRESS, EGRESS,, PUBLIC UTILITY, AND PUBLIC VEHICULAR PARKING, RUNNING FROM SKYLINE BOULEVARD LYING WITHIN THE SOUTH 1/2 OF THE SOUTH WEST 1/4 AND LOT 4 OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 4 WEST, WHICH EASEMENT WILL EXTEND 30 FEET EACH SIDE OF AND GENERALLY FOLLOWING THE EXISTING ROAD RUNNING WESTERLY FROM SKYLINE BOULEVARD FOR 450 FEET AND THENCE FROM THAT POINT NARROWING TO 40 FEET AND CONTINUING WESTWARDLY ALONG SAID EXISTING ROAD TO A POINT TO A POINT LOCATED. APPROXIMATELY 1500 FEET FROM SKYLINE (BOULEVARD WHERE IT INTERSECTS ANOTHER EXISTING ROAD AND THERE TURNING GENERALLY SOUTHWARD ONTO SAID EXISTING INTERSECTING ROAD AND CONTINUING GENERALLY SOUTHERLY TO THE POINT OF THAT ROADS INTERSECTION WITH THE SOUTH LINE OF SECTION 31., TOWNSHIP 6 SOUTH, RANGE 5 WEST, FOR INGRESS AND EGRESS OVER SAID 40 FOOT WIDE PORTION TO BE LIMITED TO VEHICULAR TRAFFIC FOR PATROL AND MAINTENANCE PURPOSES ONLY AND TO PUBLIC EQUESTRIAN, PEDESTRIAN AND BICYCLE USE. ASSESSOR'S PARCEL NOS.: 067-191-010; 467-191-020; 067-29-130; 067.320-210; 057-330-040 067-330-050; 067-36Q-024; AND 067-360-040 EXHIBIT -} Page /c t GttOtS Me m o r i a l G r o v e s , S a n M a t e o C o u n t y Pu r i s i m a C r e e k R e d w o o d s O p e n S p a c e P r e s e r v e De c e m b e r 2 0 1 5 Pu r i s i m a Cr e e k O p e n Sp a c e Ã35 T6 S R 5 W S 1 , 6 M t . D i a b l o B a s e l i n e & M e r i d i a n Co n t o u r i n t e r v a l i s 4 0 f e e t Pr o t e c t e d L a n d s Ri v e r / C r e e k Gr o v e B o u n d a r y Pa v e d R o a d ^_ 0 79 0 1 , 5 8 0 2 , 3 7 0 3 , 1 6 0 39 5 F e e t 0 0 . 1 5 0 . 3 0 . 4 5 0 . 6 0 . 7 5 0. 0 7 5 Mi l e s Ou r M i s s i o n S t a t e m e n t Sa v e t h e R e d w o o d s L e a g u e p r o t e c t s a n d r e s t o r e s r e d w o o d f o r e s t s a n d c o n n e c t s pe o p l e w i t h t h e i r p e a c e a n d b e a u t y s o t h e s e w o n d e r s o f t h e n a t u r a l w o r l d f l o u r i s h . ww w . S a v e T h e R e d w o o d s . o r g IA 2 0 0 0 19 6 0 1 8 8 0 1 8 4 0 172 0 1 2 0 0 16 0 0 840 80 0 10 8 0 920 1 7 6 0 7 2 0 1920 1 8 8 01840 18 00 1 760 1 720 1 6 8 0 1640 1600 1560 1520 1480 1440 1 4 0 0 1360 132 0 16 40 15 60 152 0 14 8 0 1440 1 8 40 1 8 0 0 17 60 1 6 8 0 1 6 0 0 880 840 800 760 720 680 1 0 0 0 920 1400 1360 1320 1240 1200 1160 1120 12 80 10 80 20 0 0 20 8 0 2040 1200 11 6 0 1 0 8 0 1 1 2 0 9 6 0 1680 1640 1600 18 0 01720 1680164 0 160 0 2 0 4 0 2 0 0 0 1 5 6 0 1 4 8 0 1120 1080 1040 1 000 9 60 920 1 6 8 0 1 6 4 0 1 2 8012401200 1160 108 0 1040 19 2 0 18 0 0 11 6 0 1040 1960 1 7 2 0 1 4 00 1360 132 0 1 4 4 0 1840 1 560 156 0 1600 1 520 2040 1 8 0 0 140 0 1 3 2 0 400 208 0 2080 20 4 0 1680 164 0 16 00 1520 920 1 4 0 0 Pur i s i m a C r e e k Lo b i t o s C r e ek 2 1 6 5 7 8 9 W h i t t e m o r e G u l c h T r a i l G r a b to w n Gulch Tr a i l B o r d en H a t c h M i l l T r a i l Ha r k i n s R i dg e T r ail Cr a i g B rit t o n T r a i l Purisim a Cree k Trail Un i m p r o v e d R o a d Tr a i l lo c a t i o n o f n e w c e n t r a l i z e d gr o v e r e c o g n i t i o n s i g n a g e App e n d i x C Pr o p o s e d " W h i t t e m o r e G u l c h " g r o v e a r e a Ex i s t i n g "L o w e r H i gg in s " gro v e a r e a Ex i s t i n g " U p p e r S k y l i n e " g r o v e a r e a Sign board dimensions: Height: 9 in Width: 26 to 30 in Sign post dimensions: 54 in tall Use current 4 x 4 in post Sample images: Lo w e r H i g g i n s C a n y o n G r o v e s , S a n M a t e o C o u n t y Pu r i s i m a C r e e k R e d w o o d s O p e n S p a c e P r e s e r v e Se p t e m b e r 2 0 1 6 Pu r i s i m a Cr e e k O p e n Sp a c e Ã35 T6 S R 5 W S 1 , 6 M t . D i a b l o B a s e l i n e & M e r i d i a n Co n t o u r i n t e r v a l i s 4 0 f e e t Ri v e r / C r e e k Gr o v e B o u n d a r y Pa v e d R o a d ^_ ^_ 0 5 0 0 1 , 0 0 0 1 , 5 0 0 2 , 0 0 0 25 0 F e e t 0 0 . 1 0 . 2 0 . 3 0 . 4 0 . 5 0. 0 5 Mi l e s Ou r M i s s i o n S t a t e m e n t Sa v e t h e R e d w o o d s L e a g u e p r o t e c t s a n d r e s t o r e s r e d w o o d f o r e s t s a n d c o n n e c t s pe o p l e w i t h t h e i r p e a c e a n d b e a u t y s o t h e s e w o n d e r s o f t h e n a t u r a l w o r l d f l o u r i s h . ww w . S a v e T h e R e d w o o d s . o r g IA PC - 1 4 PC - 1 0 PC - 7 PC - 3 B Cheney-Hart Grove PC - 1 2 Na n c y Mi n a r d Gr o v e Mi c h a e l Os b o r n e Gr o v e PC - 1 8 David W. Weber Memorial Grove PC - 2 7 PC - 2 3 PC - 3 0 PC - 3 9 PC - 4 7 Ma t t h e w C . Me a d o w s Me m o r i a l Gr o v e PC - 4 6 PC - 5 3 PC - 4 9 Th e D o r e e n & Me y e r L u s k i n Me m o r i a l G r o v e PC - 5 1 PC - 1 7 Thomas Judson Memorial Grove Geraldine Judson Memorial Grove PC - 2 4 PC - 2 8 PC - 2 5 PC - 3 2 PC - 3 1 PC - 1 9 PC - 1 6 PC - 2 9 PC - 3 A Th e G u i l l o u Fa m i l y G r o v e PC - 4 PC - 6 PC - 5 2 PC - 4 4 PC - 4 5 PC - 4 0 PC - 3 4 Me r r i t t Fa m i l y Gr o v e Ka t h l e e n Hu g u e n i n Me m o r i a l Gr o v e Ha r o l d a n d Ni n a Os b o r n e Me m o r i a l Gr o v e Charles Edward Wilcox & Barbara Hickey Wilcox Grove Wa n g a r i M u t a Ma a t h a i G r o v e PC - 3 7 Th e W i l l i a m & Ha z e l G i l m a n Me m o r i a l G r o v e Wendy E. Blakeney-LeGette Memorial Grove Lu d e m a n n - Gu n t h e r Fa m i l y Gr o v e Ro b e r t St a n l e y P a r k e r Me m o r i a l G r o v e P urisim a Creek Gra b t o w n G u l c h S o d a G u l c h W a l k e r G u l c h Grabtown Gulch Trail W h itt e m o re G ulchTrail H ark i n s Ri d g e T r a i l B o r d e n H atch MillTrail Purisima Creek Trail C r a i g B rit t o n T r a il Pu r i s i m a Cr e e k R e d w o o d s Op e n S p a c e 1600 1 600 1600 1 4 0 0 8 0 0 1400 1400 16 0 0 14 0 0 1 2 0 0 600 10 0 0 12 0 0 80 0 680 15 2 0 1360 16 0 0 1 1 2 0 13 6 0 12 0 0 1320 1 5 2 0 4 0 0 18 0 0 400 640 164 0 1480 15 6 0 16 0 0 9 6 0 1 4 8 0 9 2 0 680 1560 152 0 152 0 720 14 8 0 148 0 144 0 8 8 0 8 4 0 17 2 0 7 6 0 14 4 0 1 3 6 0 7 2 0 136 0 680 1 3 2 0 16 8 0 132 0 1 2 8 0 16 4 0 4 4 0 1360 132 0 12 4 0 15 6 0 15 2 0 480 1480 80 0 1 4 0 0 520 13 6 0 60 0 116 0 112 0 92 0 96 0 10 0 0 12 8 0 10 8 0 1 0 4 0 6 0 0 12 4 0 920 960 10 0 0 720 1 0 4 0 108 0 11 2 0 11 6 0 12 0 0 760 80 0 840 8 8 0 H i g gins Puri si m a Road Purisim a C r e e k R o a d 2 1 6 7 We s t En t r a n c e Un i m p r o v e d R o a d Tr a i l P u ri s i m a Creek Trail Pr o t e c t e d L a n d s App e n d i x E Alr e a d y d e d i c a t e d , b u t in d i v i d u a l s i g n p l a c e m e n t st i l l n e e d e d Alr e a d y d e d i c a t e d , b u t in d i v i d u a l s i g n p l a c e m e n t st i l l n e e d e d PC - 3 A PC - 3 A PC - 3 B PC - 3 B Lu d L de m a n n - Lu d e m a n n - n ud e m a n n rrr GGGG he r h Gt GGu n t h e r Gu n t h e yy FFa m i l y y Fa m i l Fa m i l y Gr o v e Gr o v e Memorria Goverooov Memorial Grove DavdWWW.Weberber David W. Weber DavW WW. Weer David W. Weber MGGMilG 77 1 PC - 1 PC - 1 7 PC - 3 7 PC - 3 7 PC - 5 5 22 CC- PC 5 PC - 5 2 Gr o v e s h i g h l i g h t e d i n bl u e r e m a i n e l i g i b l e f o r in d i v i d u a l s i gna ge Upper Skyline Groves, San Mateo County Purisima Creek Redwoods Open Space Preserve September 2015 Purisima Creek Open Space Ã35 Our Mission Statement Save the Redwoods League protects and restores redwood forests and connects people with their peace and beauty so these wonders of the natural world flourish. www.SaveTheRedwoods.org T6S R4W S8, 9 Mt. Diablo Baseline & Meridian Contour interval is 40 feet^_^_ 0 970194 388 582 776 Feet 00.10.05 Miles !5 !j !jï ï Sally Sternau Shubin Memorial Grove Elliot's Grove Scott Family Grove M.Betty Williams Memorial Grove 7B 4 Amanda M. Dauber Memorial Grove Mario and Grace Magnaghi Memorial Grove 7A Ã35 Huddart Park Purisima Creek Open Space S k y l i n e B o u l e v a r d Sk y l i n e T r a i l Summit S p r i n g Redw o od T r a i l Richards Ro a d P u ri s i m a C r e ek Trail P u risi m a C r e e k T r a i l -B a y Area Ridge Trail R e d w o o d T rail PCO3A PCO3 5 8 9 208 880 20 8 0 1800 176 0 208 0 1 5 6 0 1 8 0 0 1 6 0 0 18 4 0 20 4 0 1640 18 8 0 2040 2 0 0 0 19 2 0 1 6 8 0 2000 19 6 0 20 0 0 1 7 6 0 17 2 0 18 0 0 18 4 0 18 8 0 19 2 0 1960 Protected Lands Paved Road River/CreekTrailUnimproved Road !5 Picnic Area BenchïGrove Boundary Appendix F Already dedicated, but individual sign placement still needed AA7AAA7A 7B7B 44 M.BettyM.Bettyyy Will amsWilliams Memorial GroveMemorial Grove Groves highlighted in blue remain eligible for individual signage Option 2 Appendix G Figure 1. Mock kiosk sign Option 1 SAVE THE REDWOODS LEAGUE PARTNERSHIP Map of grove areas and dedication names ackground% partnership info MIDPENINSULA REGIONAL OPEN SPACE DISTRICT League brochure display MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND SAVE THE REDWOODS LEAGUE PARTNERSHIP Map of grove areas and Bac tgrouric. dedication names partnership i i�r•: League brochure display FRONT ELEVATION Appendix G Figure 2. Kiosk sign approximate specs 53" -RAISED LETTERING ON TOP FRAME 28" 42" d 2" x 6" ROUGH REDWOOD \\*%."'" 1" (SANDBLASTED) \ / i ROUNDED EDGES OF 4" X 6" TO MATCH FRAME 0 0 0/0 3/8" X 21 /2" LAG SCREWS )! REAR ELEVATION 1 1/8" 2" X 6" CON-HRT WOOD Ii yi - TOP VIEW 11 ,I 4" X 6" X 8" CON-HRT WOOD Scale: 1 " = 11-0" Revised 10/98 -tT 391, 3/4" PLYWOOD 1/8" PLEXI-GLASS 1/16" METAL SIGNS 1/16" SCREWS COMPACT SOIL CORNERS HAVE 3/81" X 4 1/2" LAG SCREWS, COUNTERSUNK 1 1/8" 39" 35,, 22" SIDE ELEVATION Wh i t t e m o r e G u l c h G r o v e s , S a n M a t e o C o u n t y Pu r i s i m a C r e e k R e d w o o d s O p e n S p a c e P r e s e r v e De c e m b e r 2 0 1 5 Pu r i s i m a Cr e e k O p e n Sp a c e Ã35 T6 S R 5 W S 1 , 6 M t . D i a b l o B a s e l i n e & M e r i d i a n Co n t o u r i n t e r v a l i s 4 0 f e e t Pr o t e c t e d L a n d s Ri v e r / C r e e k Gr o v e B o u n d a r y Pa v e d R o a d ^_ ^_ 03 4 0 6 8 0 1 , 0 2 0 1 , 3 6 0 17 0 F e e t 0 0 . 0 7 5 0 . 1 5 0 . 2 2 5 0 . 3 0 . 3 7 5 0. 0 3 7 5 Mi l e s Ou r M i s s i o n S t a t e m e n t Sa v e t h e R e d w o o d s L e a g u e p r o t e c t s a n d r e s t o r e s r e d w o o d f o r e s t s a n d c o n n e c t s pe o p l e w i t h t h e i r p e a c e a n d b e a u t y s o t h e s e w o n d e r s o f t h e n a t u r a l w o r l d f l o u r i s h . ww w . S a v e T h e R e d w o o d s . o r g IA Þ!!ú ú ú PW-23 PW - 1 PW - 2 PW - 3 PW - 4 PW - 5 b PW - 6 c PW - 7 b PW - 8 b PW - 9 b PW-10b PW-11bPW-12 bPW-13 PW-14b PW-15 PW-16 b PW-17 PW-18a PW -19 PW-20b PW - 2 1 b PW-22 b PW - 2 6 PW - 2 5 PW-24 PW - 5 a PW - 6 b PW - 6 a PW - 7 a PW - 8 a PW - 9 a PW-1 1a PW - 1 0 a PW-12a PW - 1 4 c PW-14a PW-16a PW-18 bPW-20 a PW - 2 2 a PW - 2 1 a PW - 2 7 Me m o r i a l G r o v e s Pu r i s i m a C r e e k Re d w o o d s O p e n Sp a c e P r e s e r v e 15 2 0 14 8 0 14 4 0 140 0 1360 1320 128 0 1 2 4 0 1120 1080 104 0 10 0 0 960 1200 11 6 0 9 2 0 8 8 0 8 4 0 1 0 4 0 1 0 0 0 9 6 0 9 2 0 8 8 0 8 4 0 8 0 0 7 6 0 7 2 0 6 8 0 6 4 0 6 0 0 1400 1 360 1 320 1240 12 0 0 1 1 6 0 1120 1 4 4 0 1 2 8 0 800 760 720 680 640 60 0 560 520 480 44 0 1400 1360 1320 12 80 12 40 12 0 0 11 60 1120 68 0 640 5 6 0 52 0 1 0 8 0 4 0 01080 1 3 6 0 1 1 2 0 108 0 60 0 5 6 0 5 6 0 44 0 Pu r i s i m a C r e e k 2 1 6 P u risimaCreekRoad Hig gi n s Pu r i s i m a R oa d W h i t t e m o r e G u l c h T r a i l Purisima Creek Trail H a rk i ns R id g e T ra i l We s t En t r a n c e Un i m p r o v e d R o a d Tr a i l Þ!! Ga t e úBr i d g e App e n d i x H De d i c a t e a P l a c e o f P e a c e a n d Wo n d e r i n t h e R e d w o o d F o r e s t $7 7 $ & + 0 ( 1 7 Le a v e a L i v i n g L e g a c y Photo by Julie Martin Att a c h m e n t 2 Ho n o r a L o v e d O n e b y D e d i c a t i n g a R e d w o o d T r e e o r G r o v e Ho n o r Wa l k t h r o u g h a r e d w o o d g r o v e — ma d e u p o f t h e t a l l e s t a n d s o m e o f th e l a r g e s t , o l d e s t b e i n g s o n E a r t h — an d y o u c a n ’ t h e l p b u t e x p e r i e n c e pe a c e a n d a w e . M a n y f e e l t h a t th e r e i s n o m o r e f i t t i n g w a y t o h o n o r an d me m o r i a l i z e t h o s e t h e y l o v e an d r e s p e ct t h a n w i t h t h e g i f t t h a t pr o t e c t s t h e s e m a g n i f i c e n t r e d w o o d s fo r f u t u r e g e n e r a t i o n s . De d i c a t i n g a r e d w o o d t r e e o r g r o v e th r o u g h a g i f t t o S a v e t h e R e d w o o d s Le a g u e e n s u r e s t h a t t h e f o r e s t ’ s gr a n d e u r w i l l c o n t i n u e t o i n s p i r e fu t u r e g e n e r a t i o n s . Y o u r s u p p o r t th r o u g h t h i s s p e c i a l p r o g r a m is i n s t r u m e n t a l i n e n a b l i n g t h e Le a g u e t o p e r m a n e n t l y p r o t e c t a n d re s t o r e r e d w o o d f o r e s t s a n d i n v e s t in b u i l d i n g t h e n e x t g e n e r a t i o n o f re d w o o d s c a r e t a k e r s . Si n c e 1 9 2 1 , S a v e t h e R e d w o o d s h a s de d i c a t e d m o r e t h a n 3 0 0 h o n o r a n d me m o r i a l t r e e s a n d 1 , 0 0 0 h o n o r an d m e m o r i a l g r o v e s i n C a l i f o r n i a Re d w o o d s S t a t e P a r k s , r e s e r v e s a n d Re d w o o d N a t i o n a l P a r k . Y o u c a n ma r k i m p o r t a n t o c c a s i o n s — s u c h as b i r t h s , w e d d i n g s , a n n i v e r s a r i e s or d e a t h s — w i t h t h e s e u n i q u e , ti m e l e s s a n d t a n g i b l e g i f t s . Photo by Paolo Vescia Att a c h m e n t 2 De d i c a t i n g a T r e e Wi t h a g i f t o f $ 2 , 5 0 0 t o $ 2 5 , 0 0 0 , y o u ma y p e r s o n a l l y s e l e c t , d e d i c a t e a n d na m e a n i n d i v i d u a l r e d w o o d t r e e i n on e o f t h e s e r e d w o o d s p a r k s : s Bu t a n o S t a t e P a r k s Hu m b o l d t R e d w o o d s S t a t e P a r k s Pf e i f f e r B i g S u r S t a t e P a r k (av a i l a b l e i n t h e f u t u r e ) s Wi l d e r R a n c h S t a t e P a r k Af t e r t h e t r e e i s d e d i c a t e d , w e wi l l s e n d y o u a c er t i f i c a t e a n d a n up d a t e d m a p i n c l u d i n g th e n a m e yo u c h o s e f o r t h e t r e e a n d i t s lo c a t i o n . T h e g i f t a m o u n t i s b a s e d o n th e l o c a t i o n a n d d i a m e t e r o f t h e t r e e . De d i c a t i n g a G r o v e Gr o v e s a r e a v a i l a b l e i n 1 9 r e d w o o d s pa r k s . S o m e g r o v e s c a n b e v i s i t e d by t r a i l o r r o a d , w h i l e o t h e r s a r e lo c a t e d i n t h e d e e p e r a n d w i l d e r re a c h e s o f t h e f o r e s t . P e r s o n a l i z e d ma p s i l l u s t r a t e t h e l o c a t i o n o f t h e av a i l a b l e g r o v e s , a n d L e a g u e s t a f f me m b e r s m a y b e a b l e t o a c c o m p a n y yo u o n a v i s i t . T h o s e u n a b l e t o v i s i t th e r e d w o o d s m ay a s k t h e L e a g u e to d e s i g n a t e a g r o v e f o r t h e m . Do n a t i o n s v a r y b a s e d o n t h e s i z e an d a g e o f t h e t r e e s , d e n s i t y o f fo r e s t c o v e r , a c r e a g e , a c c e s s i b i l i t y an d l o c a t i o n . Gr o v e g i f t s , w h i c h b e g i n a t $ 3 5 , 0 0 0 , ma y b e m a d e i n a l u m p s u m , o v e r a pe r i o d o f t h r e e y e a r s , o r i n y o u r w i l l or o t h e r f o r m o f p l a n n e d g i f t . I n m a n y pa r k s , a s i g n o r p l a q u e b e a r i n g t h e na m e o f t h e h o n o r e e m a y b e p l a c e d in t h e g r o v e . Fo r m o r e i n f o r m a t i o n , v i s i t Sa v e T h e R e d w o o d s . o r g / d e d i c a t e , ca l l (8 8 8 ) 8 3 6 - 0 0 0 5 , o r e m a i l de d i c a t e @Sa v e T h e R e d w o o d s . o r g . Yo u c a n d e d i c a t e a g r o v e l i k e t h e on e p i c t u r e d h e r e , w h i c h i s i n B u t a n o St a t e P a r k . De d i c a t e Att a c h m e n t 2 Magnificent redwood groves are available for dedication all along the north coast of California, from Big Sur to the Oregon border. Some have small creeks winding quietly through the trees. Others have breathtaking views of the Pacific. Many are easily accessible by trail, and others are in the far reaches of the parks. Many of the well-known Redwoods State Parks (SP), State Natural Reserves (SNR) and State Recreation Areas (SRA) offer groves for dedication. Your grove may be established in one of the following sites: A Choice of Locations sBig Basin Redwoods SP sButano SP sDel Norte Coast Redwoods SP sForest of Nisene Marks SP sGrove of the Old Trees sHarry A. Merlo SRA sHumboldt Redwoods SP sJedediah Smith Redwoods SP sJulia Pfeiffer Burns SP sLimekiln SP sMontgomery Woods SNR sNavarro River Redwoods SP sPfeiffer Big Sur SP sPortola Redwoods SP sPrairie Creek Redwoods SP sPurisima Creek Redwoods sSinkyone Wilderness SP sStandish-Hickey SRA sWilder Ranch SP For more information, visit SaveTheRedwoods.org/dedicate, call (888) 836-0005 or email dedicate@SaveTheRedwoods.org today. Att a c h m e n t 2 Re f l e c t Re d w o o d t r e e a n d g r o v e d e d i c a t i o n s , an d t h e s i g n i f i c a n t g i f t s t o S a v e t h e Re d w o o d s L e a g u e t h a t s u p p o r t t h e m , ha v e p l a y e d a n i m p o r t a n t r o l e i n cr e a t i n g , e x p a n d i n g a n d c a r i n g f o r Ca l i f o r n i a ’ s 4 9 R e d w o o d s S t a t e P a r k s . In f a c t , t h e L e a g u e ’ s p r o t e c t i o n o f th e r e d w o o d s a n d o u r e a r l y l e a d e r s he l p e d c r e a t e t h e C a l i f o r n i a s t a t e pa r k s s y s t e m t h a t m i l l i o n s o f v i s i t o r s en j o y t o d a y . Th e f i r s t g r o v e w a s d e d i c a t e d i n 1 9 2 1 to h o n o r C o l o n e l R a y n a l B o l l i n g , t h e fi r s t h i g h - r a n k i n g A m e r i c a n o f f i c e r to f a l l i n c o m b a t d u r i n g W o r l d W a r I . Th i s d e d i c a t i o n e s t a b l i s h e d H u m b o l d t Re d w o o d s S t a t e P a r k , n o w h o m e to t h e l a r g e s t r e m a i n i n g o l d - g r o w t h re d w o o d f o r e s t i n t h e w o r l d . To d a y , d e d i c a t i o n s c o n t i n u e t o fu n d t h e L e a g u e ’ s w o r k t o s u p p o r t ma g n i f i c e n t r e d w o o d f o r e s t s s t a t e w i d e , in c l u d i n g t h o s e i n C a l i f o r n i a R e d w o o d s St a t e P a r k s . W e c o n t i n u e t o b u i l d o n ou r h i s t o r y o f p a r t n e r s h i p t o p r o t e c t th e s e s p e c i a l p l a c e s f o r g e n e r a t i o n s o f vi s i t o r s t o e n j o y . As y o u w a l k i n r e d w o o d s p a r k s , yo u m a y s e e m a r k e r s o r s i g n s t h a t ho n o r i n d i v i d u a l s , f a m i l i e s a n d or g a n i z a t i o n s . E a c h d e d i c a t i o n h a s a u n i q u e s t o r y . R e g a r d l e s s o f t h e re a s o n f o r d e d i c a t i n g a t r e e o r g r o v e , th o s e w h o h a v e m a d e d e d i c a t i o n s ha v e p l a y e d a n i m p o r t a n t r o l e i n pr o t e c t i n g r e d w o o d f o r e s t s a n d co n t r i b u t i n g t o t h i s c o n s e r v a t i o n pa r t n e r s h i p . Th e f i r s t g r o v e w a s d e d i c a t e d i n 19 2 1 , e s t a b l i s h i n g H u m b o l d t R e d w o o d s St a t e P a r k . A L o n g t i m e P a r t n e r s h i p fo r C o n s e r v a t i o n Att a c h m e n t 2 Ab o u t S a v e t h e R e d w o o d s L e a g u e Si n c e 1 9 1 8 , S a v e t h e R e d w o o d s Le a g u e h a s b e e n p r o t e c t i n g a n d re s t o r i n g r e d w o o d f o r e s t s a n d co n n e c t i n g p e o p l e w i t h t h e i r p e a c e an d b e a u t y s o t h e s e w o n d e r s o f t h e na t u r a l w o r l d f l o u r i s h . O u r g e n e r o u s su p p o r t e r s h a v e e n a b l e d u s t o s pr o t e c t n e a r l y 2 0 0 , 0 0 0 a c r e s i n mo r e t h a n 6 6 p a r k s a n d r e s e r v e s s re s t o r e m o r e t h a n 4 , 0 0 0 a c r e s o f re d w o o d f o r e s t l a n d s in t r o d u c e m o r e t h a n 6 9 , 0 0 0 ch i l d r e n t o t h e r e d w o o d s s i n c e 1 9 9 9 , in s p i r i n g n e w f o r e s t c h a m p i o n s s le a d s c i e n t i f i c f o r e s t r e s e a r c h t h a t re s u l t s i n d i s c o v e r i e s t o i n f o r m o u r co n s e r v a t i o n i n v e s t m e n t s Th e L e a g u e i s t h e o n l y o r g a n i z a t i o n wi t h t h e c o m p r e h e n s i v e a p p r o a c h ne e d e d t o e n s u r e f o r e s t s t h a t t a k e th o u s a n d s o f y e a r s t o g r o w w i l l b e he r e f o r t h o u s a n d s m o r e . W e k n o w th a t o u r w o r k i s m a k i n g a d i f f e r e n c e in s a v i n g s o m e o f t h e m o s t m a g i c a l pl a c e s o n t h e p l a n e t . We c a n n o t d o i t a l o n e . Le t ’ s W a l k i n t o th e W o o d s T o g e t h e r To l e a r n m o r e a b o u t S a v e t h e R e d w o o d s L e a g u e , p l e a s e c a l l (8 8 8 ) 8 3 6 - 0 0 0 5 , o r v i s i t Sa v e T h e R e d w o o d s . o r g . Photo © www.danheller.com Att a c h m e n t 2 Photo by Jon Parmentier De d i c a t i n g t h i s g r o v e g a v e m e a n op p o r t u n i t y t o r e c o n n e c t w i t h m y mo t h e r i n a w a y t h a t s h e a n d I h a d of t e n d o n e w h i l e s h e w a s a l i v e … th r o u g h t h e b e a u t y a n d h e a l i n g po w e r o f n a t u r e . ” — A n d r e a S p e r a w , M e m b e r “ Att a c h m e n t 2 Photo by Humboldt State University; Cover photo © 2009 Jupiterimages Corporation To u s e o u r r e s o u r c e s r e s p o n s i b l y , S a v e t h e Re d w o o d s L e a g u e p u b l i c a t i o n s a r e p r i n t e d wi t h s o y - b a s e d i n k s o n p a p e r t h a t i s 1 0 0 % re c y c l e d , 1 0 0 % p o s t c o n s u m e r c o n t e n t , pr o c e s s e d c h l o r i n e - f r e e a n d c e r t i f i e d b y t h e Fo r e s t S t e w a r d s h i p C o u n c i l . CO N N E C T W I T H U S 11 1 S u t t e r S tr e e t 11 th F l o o r Sa n F r a n c i s c o C A 9 4 1 0 4 p 4 1 5 3 6 2 2 3 5 2 8 8 8 8 3 6 0 0 0 5 f 4 1 5 3 6 2 7 0 1 7 WA L K A M O N G G I A N T S SM in f o @Sa v e T h e R e d w o o d s . o r g Sa v e T h e R e d w o o d s . o r g Att a c h m e n t 2 Sign Placement Guidelines for Individual Grove Recognition Signs Purisima Creek Redwoods Open Space Preserve Partnership between Midpeninsula Regional Open Space District (Midpen) and Save the Redwoods League (League) Midpen and the League have developed a signage plan where groves will be recognized on a centralized signboard. As determined between Midpen and the League, a limited number of groves remain eligible to be individually signed. When individual signs are installed, the following guidelines shall be considered for appropriate sign placement. These guidelines provide the League with an official document to inform donors of the permissible placement of individual grove recognition signs and assist Midpen Rangers when working with the League on locating new donor signs in the Preserve. Environmental and Resource Considerations x Avoid root damage by placing sign away from the base of mature redwoods x Locate outside of the tree’s dripline x When near creek corridors, locate sign outside of riparian vegetation, above high water line, and at least five feet from erosion-prone embankments x Avoid steep slopes prone to erosion x Avoid known cultural and historical resource sites Location & Visibility x Sign should be visible from the trail while still blending harmoniously into the natural environment x Place sign at least five to ten feet back from the trail’s edge x Place signs a minimum of 200 feet apart to minimize aesthetic impacts of multiple signs Individual sign aesthetics should match the following specifications: Sign Specs x Individual grove signs may not be larger than 30 inches wide and 9 inches tall x Follow the sign aesthetic of existing recognition signs x Signs shall be composed of reclaimed redwood or redwood-stained wood with the grove name engraved on the sign and painted yellow; if using a stain, the stain shall be “flat”; no gloss is allowed. x Install signs on a single four-by-four post $77$&+0(17 $7 7 $ & + 0 ( 1 7 R-17-23 Meeting 17-05 February 22, 2017 AGENDA ITEM 4 AGENDA ITEM Approval of Amendments to the Personnel Policies and Procedures Manual GENERAL MANAGER’S RECOMMENDATION Approve the recommended changes to the Personnel Policies and Procedures Manual as set out in the staff report. SUMMARY The Board adopted its existing Personnel Policies and Procedures Manual in 2007. It was last revised in 2009. The existing policy applies to all District employees (except for portions that do not apply to those represented by the Field Employees Association). The recommended changes will correct outdated job titles, ensure compliance with new federal and state employment and leave laws, ensure compliance with rules and policy changes that impact employee benefits such as procedures related to the California Public Employees’ Retirement System (CalPERS), and incorporate changes to the FEA Memorandum of Understanding (“MOU”) that are intended to apply to all District employees, especially those related to compensation and benefits. MEASURE AA This is not a Measure AA project. DISCUSSION The Personnel Policies and Procedures Manual (“Personnel Manual”) was adopted in 2007, and amended in 2009. The purpose of the document is “to provide a system of personnel administration based upon fairness, reasonableness, uniformity and equity to help ensure that the District utilizes sound management practices, complies with applicable Federal, State and local laws and operates efficiently and effectively; and to protect and clarify the rights and responsibilities of both the employees and the District.” The Personnel Manual applies to all employees except as to those members of the Field Employees Association (FEA) who entered into new Memorandum of Understanding (MOU), which was approved by the Board in July of 2015, to the extent that the Personnel Manual differs from or conflicts with the MOU, in which case the MOU prevails. The District’s past practice is to update the Personnel Manual to include policy changes in the FEA MOU, which may apply to all employees. This practice is an effort to promote fairness, equity and uniformity in policies, administrative procedures and benefits. The Personal Manual has not been updated in a number R-17-23 Page 2 of years and the updates being brought forward for Board consideration address changes to Federal, State and local laws as well as changes to the structure and operation of the District. Liebert, Cassidy Whitmore provided outside legal review. Proposed revisions/edits to the Personal Manual fall into the following categories: -General Clean Up: Clean-up of non-substantive language including headings and job titles. -MOU Related: Extend implementation of applicable changes to the FEA MOU to non- represented employees. -Clarification: Clarify procedures, policies and benefits. -Comport with New Law: Ensure that policies and procedures are lawful and updated. -CalPERS Recommendations: Comply with rules, regulations and recommendations from CalPERS and the results of recent audit findings in May of 2016. FISCAL IMPACT No fiscal impact. BOARD COMMITTEE REVIEW This item was discussed on December 20, 2016 in the Legislative, Funding and Public Affairs Committee (LFPAC). LFPAC made the following recommendations: 1. Make the redlined version of the Personnel Manual available to all Board members for consideration of this item. 2. Update the Personnel Manual at least every two to three years. 3. In the future, ensure that all staff, particularly non-represented employees, have an opportunity to provide feedback on the Personnel Manual when substantive changes are proposed and before they are final. 4. Provide information to all employee groups once changes have been approved in either the MOU (for the FEA) or the Personnel Manual regarding the effect of those changes on respective employee groups. 5. Clarify the applicability of the Personnel Manual to Board members in Section 1 of the Personnel Manual in a follow-up memo. 6. Provide information on bullying prevention, and a recommendation if/how to incorporate anti-bullying into the Personnel Manual. (NOTE: Although the proposed revisions to the Personnel Manual do not include a separate anti-bullying policy at this time, for future reference and further development, a sample anti-bullying policy is attached to this report as Attachment 5.) LFPAC approved the proposed amendments to the Personnel Manual, including the six recommendations listed above, for consideration by the full Board. PUBLIC NOTICE Public notice was provided as required by the Brown Act. R-17-23 Page 3 CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS The Personnel Manual will be updated to include the approved changes. This document will subsequently be reviewed and updated every two to three years. Attachment(s) 1. Summary of Proposed Revisions. 2. Resolution Adopting the Amended Personnel Policies and Procedures Manual. 3. Redlined version of the Personnel Policies and Procedures Manual 4. Revised version without edits of the Personnel Policies and Procedures Manual 5. Information on Bullying Responsible Department Head: Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services Prepared by: Candice Basnight, Human Resources Supervisor Attachment 1 Page 1 of 2 Midpeninsula Regional Open Space District Personnel Policies & Procedures 2016 Summary of Proposed Revisions Section /Subject Type of Change/ Reason for Change Summary of Change General Clean-up Clean up non-substantive language including headings and job titles. MOU related edits Ensure that applicable changes to the 2015 FEA MOU are implemented for non-represented employees. Clarification Clarify procedure, policy or benefit. Comport w/ new law Ensure policies and procedures are lawful. PERS recommendation Recommended change as result of recent PERS audit. ¾GENERAL CLEAN UP Throughout Manual (including 1.4 Administration/Records/ Forms/Procedures) General Clean Up Entire document updated with appropriate job titles/ changed job titles. 4.4 Probationary Status-At Will Employment General Clean Up Clarify procedure around probationary periods. 5.8 B Severance Pay General Clean Up More specific description of official misconduct/ comport with law. Throughout Sections 6 and 7 (e.g., 6.4 Uniform Compensation for Field Supervisory Staff) General Clean Up Description of certain benefits corrected to match new District fiscal year 7.1 Holidays General Clean Up Definition to match current law. 8.4 Second Level Discipline General Clean Up Clarify suspension procedure. 1.6 Reasonable Accommodation General Clean Up/ Comport with law Incorporate lawful description of Reasonable Accommodation. 1.5 Non-Discrimination MOU related/ General Clean Up Edited to match the language agreed to in Article 3 of the MOU. ¾MOU RELATED 1.7 Memoranda of Understanding MOU related/ General Clean Up Edit reference to the MOU. 5.3 Pay After Promotion/ 5.4 Acting Assignments MOU related/ General Clean Up Moved previous Section 4.6 into this section (Clarify pay after promotion from point system to percentages— matches cleanup terminology that was incorporated into MOU). 5.7 Longevity Pay Program MOU related/ Clarify Clarify criteria for receiving longevity pay. 5.9 Shift Differential/Call back Pay for Field Supervisory MOU related Shift Diff to match MOU. 6.1 Benefits Plans MOU related/ Comport w/ new law Increase Benefits- Cafeteria Plan Description of CalPERS to comport with PEPRA. 6.3 Professional Development MOU related/ General Clean Up Match MOU regarding professional development benefit (Section 6.3(A)(4)). 6.4 Uniform Compensation MOU related/General Clean Up Direct use of uniform allowance and bike patrol uniform provision corrected to match MOU. Attachment 1 Page 2 of 2 Section /Subject Type of Change/ Reason for Change Summary of Change 7.5 B (5) Usage MOU related/comport with new law Change family sick leave hours to match MOU. APPENDIX A Catastrophic Leave Program MOU related/ Clean Up Catastrophic leave program now matches MOU. ¾CLARIFICATION Policy 1, General Provisions Clarification Explains that the Personnel Manual does not apply to Board members except where expressly stated (such as Appendix C) or where required by law. 2.2 Reclassification Clarification Clarifies GM authority to approve reclassification. 4.4 Probationary Status-At Will Employment Clarification Clarify procedure around probationary period. 4.5 Performance Evaluation Program Clarification/Clean Up Clarify evaluation procedure for probationary employees. 4.6 Promotion Clarification Procedure for promotion clarified. “Pay after promotion” section moved to section discussing salaries (Section 5.3). 4.13 Off Duty Employment Clarification Clarifies that procedure also applies to outside business ownership. 4.14 Notice of Resignation Clarification Clarify procedure for resignation. 4.17 Paid Administrative Leave Clarification Clarifies GM’s authority to place an employee on administrative leave. 6.2 Industrial Injury or Illness Clarification of existing practice Clarify description of Workers Comp benefit 7.2 Personal Leave Accrual; 7.3 Administrative Leave Accrual Clarification/change in payroll practice Change accrual from quarterly to pro-rated throughout the year on each paycheck. 7.4 Vacation cash out Clarification Clarify vacation cash out procedure. 7.10 Time Off to Vote Clarification Clarify time off for voting procedure. APPENDIX E.5 Salaried Employees Policy Clarification for timecards Salaried Employee/ FLSA procedures edited to reflect electronic timecard submittal procedure. ¾COMPORT WITH NEW LAW 3.2 Equal Opportunity Employer/Applicant Reasonable Accommodation Comport with new law/ General Clean Up Incorporate lawful description of Reasonable Accommodation. 7.5 Sick Leave Comport with new law/ Clarification/ Changes in Sick Leave benefits under California “Kin Care” and paid sick leave laws. APPENDIX B SECTIONS B.6 and B.7 Family and Medical Leave Comport with new law/ Clean up Family and medical leave procedures updated to follow updated California law (California Family Rights Act). Clarification re: payment of health care insurance premiums. APPENDIX C Prohibition Against Discrimination, Harassment and Retaliation Comport with new law/ Clean up Include new definitions/protected classifications to match new state regulations. Added procedure for handling complaints; removed outdated EEOC contact information. APPENDIX D Pregnancy Disability Leave Comport with new law/ Clean up Pregnancy disability leave definitions and procedures to match leave laws under CFRA and FMLA and State Disability law. ¾PERS REQUIREMENTS 5.8 A Merit Pay Clarify in response to PERS audit More specific description of Meritorious Pay to clearly adhere to CalPERS guidelines 6.4 A Uniform Compensation Clarify in response to PERS audit District will report monetary value of uniform compensation to CalPERS and will report District’s total fiscal year costs annually to CalPERS (not to exceed $1,500 per year). Attachment 2 RESOLUTION NO. 17-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AMENDMENTS TO THE DISTRICT’S PERSONNEL POLICIES AND PROCEDURES MANUAL WHEREAS, the purpose of the District’s Personnel Policies and Procedures Manual (“Personnel Manual”) is to provide a system of personnel administration based upon fairness, reasonableness, uniformity and equity; to help ensure the District utilizes sound management practices, complies with applicable Federal, State and local laws and operates efficiently and effectively; and to protect and clarify the rights and responsibilities of both the employees and the District, and WHEREAS, the Board of Directors of Midpeninsula Regional Open Space District, upon recommendation by the General Manager, may amend the Personnel Manual; and WHEREAS, the General Manager recommends amendments to the Personnel Manual in order to correct job titles, clarify procedures, policies and benefits, and ensure that the Personnel Manual comports with current state and federal benefits and employment laws. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District approves the amended Personnel Manual as fully set forth in Exhibit A, attached hereto and incorporated herein by this reference. * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTEDby the Board of Directors of the Midpeninsula Regional Open Space District on _______, 2017, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Exhibit A: Personnel Policies and Procedures Manual Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES MANUAL ADOPTED BY THE BOARD OF DIRECTORS JUNE 27, 2007 AMENDED MAY 13, 2009 $77$&+0(17 AMENDED DECEMBER 16, 2009 AMENDED FEBRUARY 22, 2017 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES POLICY 1 GENERAL PROVISIONS ...............................................................................................................1 Section 1.1 Purpose......................................................................................................................................1 Section 1.2 Adoption and Amendment of the Manual...................................................................................1 Section 1.3 Term of Personnel Manual ........................................................................................................1 Section 1.4 Administration/Records/Forms/Procedures ..............................................................................1 Section 1.5 Non-Discrimination...................................................................................................................1 Section 1.6 Reasonable Accommodation......................................................................................................2 Section 1.7 Memoranda of Agreement and Employment Agreements..........................................................2 Section 1.8 Department Procedures and Practices......................................................................................2 Section 1.9 Distribution of HR Policies........................................................................................................2 Section 1.10 Savings Clause...........................................................................................................................2 Section 1.11 Violation of Personnel Manual..................................................................................................2 POLICY 2 JOB CLASSIFICATIONS ...............................................................................................................3 Section 2.1 Classification Plan.....................................................................................................................3 Section 2.2 Reclassification..........................................................................................................................3 POLICY 3 RECRUITMENT AND SELECTION .............................................................................................5 Section 3.1 Vacancies...................................................................................................................................5 Section 3.2 Equal Opportunity Employer/Applicant Reasonable Accommodation......................................5 Section 3.3 Qualification of Applicants........................................................................................................5 Section 3.4 Disqualification of Applicants ...................................................................................................5 POLICY 4 TERMS OF EMPLOYMENT ..........................................................................................................7 Section 4.1 Safety and Health.......................................................................................................................7 Section 4.2 Workday.....................................................................................................................................7 Section 4.3 Attendance ................................................................................................................................. 7 Section 4.4 Probationary Status- At Will Employment.................................................................................8 Section 4.5 Performance Evaluation Program.............................................................................................8 Section 4.6 Promotion................................................................................................................................10 Section 4.7 Employment of Relatives..........................................................................................................10 Section 4.8 Political Activity ......................................................................................................................11 Section 4.9 Conflict of Interest...................................................................................................................11 Section 4.10 Transfer....................................................................................................................................11 Section 4.11 Keys and Security Codes..........................................................................................................12 Section 4.12 Postings on Bulletin Boards/District Property........................................................................12 Section 4.13 Off-Duty Employment..............................................................................................................12 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES Section 4.14 Notice of Resignation...............................................................................................................13 Section 4.15 Exit Interview...........................................................................................................................13 Section 4.16 Employment Reinstatement......................................................................................................13 POLICY 5 COMPENSATION .........................................................................................................................15 Section 5.1 Starting Salaries ......................................................................................................................15 Section 5.2 Step Increases..........................................................................................................................15 Section 5.3 Pay After Promotion................................................................................................................15 Section 5.4 Acting Assignments..................................................................................................................16 Section 5.5 Overtime ..................................................................................................................................16 Section 5.6 Compensatory Time.................................................................................................................17 Section 5.7 Longevity Pay Program (amended 12/16/09)..........................................................................17 Section 5.8 Meritorious Pay for “At Will” Department Managers and Assistant General Manager........18 Section 5.9 Shift Differential/Call Back Pay for Field Supervisory Staff...................................................18 POLICY 6 BENEFITS .....................................................................................................................................20 Section 6.1 Benefit Plans............................................................................................................................20 Section 6.2 Industrial Injury or Illness/Workers’ Compensation...............................................................24 Section 6.3 Professional Development.......................................................................................................25 Section 6.4 Uniform Compensation for Field Supervisory Staff................................................................. 26 POLICY 7 LEAVE TIME ................................................................................................................................29 Section 7.1 Holidays...................................................................................................................................29 Section 7.2 Personal Leave ........................................................................................................................31 Section 7.3 Administrative Leave – Salaried Employees (amended 12/16/09)...........................................31 Section 7.4. Vacation...................................................................................................................................33 Section 7.5 Sick Leave................................................................................................................................35 Section 7.6 Bereavement Leave..................................................................................................................38 Section 7.7 Witness/Jury Duty....................................................................................................................38 Section 7.8 Military Leave..........................................................................................................................39 Section 7.9 Leave of Absence .....................................................................................................................39 Section 7.10 Time Off To Vote......................................................................................................................40 POLICY 8 EMPLOYEE CONDUCT AND DISCIPLINE..............................................................................41 Section 8.1 Purpose/Procedure..................................................................................................................41 Section 8.2 Conduct Subject to Discipline..................................................................................................41 Section 8.3 First Level Discipline...............................................................................................................42 Section 8.4 Second Level Discipline...........................................................................................................43 Section 8.5 Notice to Employees of Second Level Disciplinary Action......................................................43 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES Section 8.6 Post Discipline Appeal Process...............................................................................................44 Section 8.7 Waiver of Time Limits or Other Provisions of the Appeal Process .........................................46 Section 8.8 No Interruption of Work...........................................................................................................46 Section 8.9 Peace Officer Bill of Rights .....................................................................................................46 POLICY 9 GRIEVANCE PROCEDURE ........................................................................................................47 APPENDIX A CATASTROPHIC LEAVE PROGRAM ....................................................................................49 Section A. 1 Purpose....................................................................................................................................49 Section A. 2 Conditions for Receiving Employees .......................................................................................49 Section A. 3 Application Process................................................................................................................49 Section A. 4 Conditions for Donating Employees........................................................................................50 APPENDIX B FAMILY AND MEDICAL LEAVE (amended 5/13/09)...........................................................52 Section B. 1 Eligibility requirements ...........................................................................................................52 Section B. 2 Reasons for Leave....................................................................................................................52 Section B. 3 Duration of Leave....................................................................................................................52 Section B. 4 Request for Leave/Required Documentation ...........................................................................54 Section B. 5 Pay and Benefits While on Family/Medical Leave ..................................................................54 Section B. 6 Reinstatement Upon Return From Leave.................................................................................57 Section B. 7 Relationship of Family/Medical Leave To Other Leaves.........................................................57 APPENDIX C PROHIBITION AGAINST DISCRIMINATION, HARASSMENT & RETALIATION .........59 Section C. 1 Harassment..............................................................................................................................59 Section C. 2 Sexual Harassment ..................................................................................................................60 Section C. 3 Discrimination.........................................................................................................................60 Section C. 4 Retaliation................................................................................................................................60 Section C. 5 Complaint Procedure...............................................................................................................61 Section C. 6 Obligation of District Employees and Officers........................................................................62 Section C. 7 EEOC Contact Information .....................................................................................................63 Section C. 8 DFEH Contact Information.....................................................................................................63 APPENDIX D PREGNANCY DISABILITY LEAVE........................................................................................65 Section D. 1 Eligibility requirements ...........................................................................................................65 Section D. 2 Reasons for Leave....................................................................................................................65 Section D. 3 Duration of Leave....................................................................................................................65 Section D. 4 Request for Leave/Required Documentation ...........................................................................66 Section D. 5 Pay and Benefits While on PDL...............................................................................................66 Section D. 6 Reinstatement Upon Return From Leave.................................................................................68 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES Section D. 7 Relationship of Pregnancy Disability Leave (PDL) to the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).........................................................................68 Section D. 8 Reasonable Accommodation....................................................................................................68 Section D. 9 Additional Information.............................................................................................................68 APPENDIX E SALARIED EMPLOYEES POLICY .........................................................................................69 Section E. 1 Purpose....................................................................................................................................69 Section E. 2 Salaried Employees Defined....................................................................................................69 Section E. 3 Core Work Hours, Permitted Salary and Paid Leave Reductions, Overtime, and Administrative Leave Accrual..................................................................................................69 Section E. 4 Work Schedule Adjustments.....................................................................................................71 Section E. 5 Time Card Procedures.............................................................................................................71 Section E. 6 Disciplinary Deductions..........................................................................................................72 Section E. 7 Safe Harbor..............................................................................................................................72 Section E. 8 Controlling Policies.................................................................................................................72 POLICY 1 GENERAL PROVISIONS ...............................................................................................................1 Section 1.1 Purpose......................................................................................................................................1 Section 1.2 Adoption and Amendment of the Manual...................................................................................1 Section 1.3 Term of Personnel Manual ........................................................................................................1 Section 1.4 Administration/Records/Forms/Procedures ..............................................................................1 Section 1.5 Non-Discrimination...................................................................................................................1 Section 1.6 Reasonable Accommodation......................................................................................................2 Section 1.7 Memoranda of Understanding and Employment Agreements ...................................................2 Section 1.8 Department Procedures and Practices......................................................................................2 Section 1.9 Distribution of HR Policies........................................................................................................2 Section 1.10 Savings Clause...........................................................................................................................2 Section 1.11 Violation of Personnel Manual..................................................................................................2 POLICY 2 JOB CLASSIFICATIONS ...............................................................................................................3 Section 2.1 Classification Plan.....................................................................................................................3 Section 2.2 Reclassification..........................................................................................................................3 POLICY 3 RECRUITMENT AND SELECTION .............................................................................................5 Section 3.1 Vacancies...................................................................................................................................5 Section 3.2 Equal Opportunity Employer/Applicant Reasonable Accommodation......................................5 Section 3.3 Qualification of Applicants........................................................................................................5 Section 3.4 Disqualification of Applicants ...................................................................................................5 POLICY 4 TERMS OF EMPLOYMENT ..........................................................................................................7 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES Section 4.1 Safety and Health.......................................................................................................................7 Section 4.2 Workday.....................................................................................................................................7 Section 4.3 Attendance ................................................................................................................................. 7 Section 4.4 Probationary Status- At-will Employment.................................................................................8 Section 4.5 Performance Evaluation Program.............................................................................................8 Section 4.6 Promotion................................................................................................................................10 Section 4.7 Employment of Relatives..........................................................................................................10 Section 4.8 Political Activity ......................................................................................................................11 Section 4.9 Conflict of Interest...................................................................................................................11 Section 4.10 Transfer....................................................................................................................................11 Section 4.11 Keys and Security Codes..........................................................................................................12 Section 4.12 Postings on Bulletin Boards/District Property........................................................................12 Section 4.13 Off-Duty Employment and Business Ownership......................................................................12 Section 4.14 Notice of Resignation...............................................................................................................13 Section 4.15 Exit Interview...........................................................................................................................13 Section 4.16 Employment Reinstatement......................................................................................................13 Section 4.17 Paid Administrative Leave.......................................................................................................14 POLICY 5 COMPENSATION .........................................................................................................................15 Section 5.1 Starting Salaries ......................................................................................................................15 Section 5.2 Step Increases..........................................................................................................................15 Section 5.3 Pay After Promotion................................................................................................................15 Section 5.4 Acting Assignments..................................................................................................................16 Section 5.5 Overtime ..................................................................................................................................16 Section 5.6 Compensatory Time.................................................................................................................17 Section 5.7 Longevity Pay Program...........................................................................................................17 Section 5.8 Meritorious Pay for “At-will” Managers................................................................................18 Section 5.9 Shift Differential/Call Back Pay for Supervising Rangers.......................................................18 POLICY 6 BENEFITS .....................................................................................................................................20 Section 6.1 Benefit Plans............................................................................................................................20 Section 6.2 Workers’ Compensation/Industrial Injury or Illness...............................................................24 Section 6.3 Professional Development.......................................................................................................25 Section 6.4 Uniform Compensation for Field Supervisory Staff................................................................. 26 POLICY 7 LEAVE TIME ................................................................................................................................29 Section 7.1 Holidays...................................................................................................................................29 Section 7.2 Personal Leave ........................................................................................................................31 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES Section 7.3 Administrative Leave – Salaried Employees............................................................................31 Section 7.4. Vacation...................................................................................................................................32 Section 7.5 Sick Leave................................................................................................................................35 Section 7.6 Bereavement Leave..................................................................................................................38 Section 7.7 Witness/Jury Duty....................................................................................................................38 Section 7.8 Military Leave..........................................................................................................................39 Section 7.9 Leave of Absence .....................................................................................................................39 Section 7.10 Time Off To Vote......................................................................................................................40 POLICY 8 EMPLOYEE CONDUCT AND DISCIPLINE..............................................................................41 Section 8.1 Purpose/Procedure..................................................................................................................41 Section 8.2 Conduct Subject to Discipline..................................................................................................41 Section 8.3 First Level Discipline...............................................................................................................42 Section 8.4 Second Level Discipline...........................................................................................................43 Section 8.5 Notice to Employees of Second Level Disciplinary Action......................................................43 Section 8.6 Post Discipline Appeal Process...............................................................................................44 Section 8.7 Waiver of Time Limits or Other Provisions of the Appeal Process .........................................46 Section 8.8 No Interruption of Work...........................................................................................................46 Section 8.9 Peace Officer Bill of Rights .....................................................................................................46 POLICY 9 GRIEVANCE PROCEDURE ........................................................................................................47 APPENDIX A CATASTROPHIC LEAVE PROGRAM ....................................................................................49 Section A. 1 Purpose....................................................................................................................................49 Section A. 2 Conditions for Receiving Employees .......................................................................................49 Section A. 3 Conditions for Donating Employees........................................................................................50 APPENDIX B FAMILY AND MEDICAL LEAVE ...........................................................................................52 Section B. 1 Eligibility requirements ...........................................................................................................52 Section B. 2 Reasons for Leave....................................................................................................................52 Section B. 3 Duration of Leave....................................................................................................................53 Section B. 4 Spouses Both Employed by District.........................................................................................53 Section B. 5 Request for Leave/Required Documentation ...........................................................................54 Section B. 6 Pay and Benefits While on Family and Medical Leave ...........................................................54 Section B. 7 Reinstatement Upon Return from Leave..................................................................................57 Section B. 8 Relationship of Family and Medical Leave to Other Leaves...................................................57 APPENDIX C PROHIBITION AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION ..59 Section C. 1 Harassment..............................................................................................................................59 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES Section C. 2 Sexual Harassment ..................................................................................................................60 Section C. 3 Discrimination.........................................................................................................................60 Section C. 4 Retaliation................................................................................................................................60 Section C. 5 Complaint Procedure...............................................................................................................61 Section C. 6 Obligation of District Employees and Officers........................................................................62 Section C. 7 Option to Report to Outside Administrative Agencies.............................................................63 Section C. 8 Dissemination of Policy...........................................................................................................63 APPENDIX D PREGNANCY DISABILITY LEAVE........................................................................................65 Section D. 1 Eligibility requirements ...........................................................................................................65 Section D. 2 Reasons for Leave....................................................................................................................65 Section D. 3 Duration of Leave....................................................................................................................65 Section D. 4 Request for Leave/Required Documentation ...........................................................................66 Section D. 5 Pay and Benefits While on PDL...............................................................................................66 Section D. 6 Reinstatement Upon Return from Leave..................................................................................68 Section D. 7 Relationship of Pregnancy Disability Leave (PDL) to the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).........................................................................68 Section D. 8 Reasonable Accommodation....................................................................................................68 Section D. 9 Additional Information.............................................................................................................68 APPENDIX E SALARIED EMPLOYEES POLICY .........................................................................................69 Section E. 1 Purpose....................................................................................................................................69 Section E. 2 Salaried Employees Defined....................................................................................................69 Section E. 3 Core Work Hours, Permitted Salary and Paid Leave Reductions, Overtime, and Administrative Leave Accrual..................................................................................................69 Section E. 4 Work Schedule Adjustments.....................................................................................................71 Section E. 5 Time Card Procedures.............................................................................................................71 Section E. 6 Disciplinary Deductions..........................................................................................................72 Section E. 7 Safe Harbor..............................................................................................................................72 Section E. 8 Controlling Policies.................................................................................................................72 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 1 PP OL I C Y 1 GE N E R AL P R OVI SI ON S This document is entitled Personnel Policies and Procedures Manual, herein known as the Personnel Manual. This Personnel Manual applies to all employees of the Midpeninsula Regional Open Space District, herein known as the District, except as otherwise indicated. This Personnel manual does not apply to District Board members, except where expressly stated or prescribed under state law. S e c ti on 1.1 P u rp os e The purpose of the Personnel Manual is as follows: To provide a system of personnel administration based upon fairness, reasonableness, uniformity and equity; to help ensure that the District utilizes sound management practices, complies with applicable Federal, State and local laws and operates efficiently and effectively; and to protect and clarify the rights and responsibilities of both the employees and the District. S e c ti on 1.2 Ad op ti on a n d Am e n d m e n t of th e M a n u a l The Personnel Manual shall be approved by the Board of Directors, herein called the Board, and may be amended by the Board of Directors upon recommendation of the General Manager. The General Manager shall provide a forum for employee input for any substantive amendments to the Personnel Manual. S e c ti on 1.3 T e rm of P e rs on n e l M a n u a l This Personnel Manual takes effect when adopted by the Board of Directors of the District. The Personnel Manual shall remain in effect unless amended or repealed, in whole or in part, by the Board. S e c ti on 1.4 Ad m i n i s tra ti on /R e c ord s /F orm s /P roc e d u re s The General Manager shall administer the Personnel Manual and may delegate certain authority to the Administration andhead of Human Resources Manager (herein called HR Manager) or other designees.designee(s). The General Manager shall have the authority, at his/her discretion, to make exceptions to or modify the strict application of any provision of this Personnel Manual when such application would create undue hardship for the District or the employee and/or when the General Manager determines that such variance is necessary and appropriate for the efficient operation of the District. Any such exception or modification shall not become a provision of these policies nor shall it create a past practice to the detriment of the District. S e c ti on 1.5 N on -Di s c ri m i n a ti on The District shall not discriminate, for or against, any person based on race, creed, color, religion, national origin, ancestry, sex (including pregnancy, childbirth, medical conditions related to same, and gender), age, political affiliation, sexual orientation, physical or mental disability, medical condition, marital status, or any other class protected by law, and shall comply with all applicable Federal and State laws governing fair employment practices and equal opportunity. All District employees must comply with the District’s Nondiscrimination and Sexual Harassment Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 2 Policy and applicable Federal and California laws. SS e c ti on 1.6 R e a s on a b l e Ac c om m od a ti on The District will makeprovide reasonable accommodation to enable all employees who are disabled, as defined under State and federal anti-discrimination laws, to perform the essential functions of the job, provided that. A number of exceptions can apply, including, in part, whether the accommodation would result in “undue hardship” on the District; the employee is otherwise ableunable to safely perform thejob without endangering health or safety of himself/herself or others; or the employee is unable to perform essential job functions of the position and provided that any accommodation required does not cause undue hardship to the District. See Reasonable Accommodation/Interactive Process Administrative Policy.even with accommodation. S e c ti on 1.7 M e m ora n d a of Ag re e m e n tU n d e rs ta n d i n g a n d E m p l oy m e n t Ag re e m e n ts To the extent that these policies are inconsistent with provisions of any applicable Memorandum of AgreementUnderstanding (MOU) with a recognized bargaining unit or Employment Agreements (such as those applicable to Board Appointees), the respective provisions of the AgreementsMOU or Agreement(s) shall prevail for those employees covered by the aforementioned Agreement(s). S e c ti on 1.8 De p a rtm e n t P roc e d u re s a n d P ra c ti c e s Department Managers may implement procedures and practices as deemed necessary for the efficient and orderly administration of their respective Departments. However, such procedures or practices shall not conflict with or supersede this Personnel Manual. Department procedures and practices shall be consistent with and supplementary to this Personnel Manual. S e c ti on 1.9 Di s tri b u ti on of H R P ol i c i e s Copies of the Personnel Manual shall be distributed to each employee of the District and to any recognized employee organization and bargaining unit at the time of adoption or amendment. Each new employee shall receive a copy of the Personnel Manual prior to or during orientation and shall sign a statement indicating that he/she has received and read the manual. Employees may access the Personnel Manual at any time on the District’s computer network or by requesting a copy from Human Resources. S e c ti on 1.10 S a vi n g s C l a u s e If any provision or the application of any provision of this Personnel Manual, as implemented, is rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions of this Personnel Manual shall remain in full force and effect, unless and until amended by the Board. S e c ti on 1.11 Vi ol a ti on of P e rs on n e l M a n u a l Any violation of this Personnel Manual may constitute grounds for rejection of applicants, and may result in disciplinary action for employees, up to and including termination, pursuant to the applicable disciplinary procedures. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 3 PP OL I C Y 2 J OB C L AS S I F I C AT I ON S S e c ti on 2.1 C l a s s i fi c a ti on P l a n The General Manager shall recommend a Position Classification Plan to the Board of Directors for General Manager appointed positions. The Position Classification Plan shall consist of salary ranges and Class Specifications, which include class titles, purpose of positions, job requirements, and general job duties. The Board of Directors shall approve the Classification Plan. The General Manager shall be responsible for keeping the Classification Plan current through periodic analysis of the positions within the organization. The General Manager shall have the authority to amend the Class Specifications when such changes do not substantially change the general job duties of the Class Specification and do not affect the salary range assigned to that Specification. Upon recommendation by the General Manager, the Board may create new classifications, divide, combine, revise, reclassify, or abolish existing classes, and may reassign a class from one salary range to another, or to a new salary range. A. R e g u l a r P os i ti on s Regular Positions are Board -authorized, continuous positions and may be full -time or part -time, but do not include temporary positions. Each regular employee of the District shall be allocated a class specification as well as specific duties for his/her particular employment assignment within the District. B . T e m p ora ry P os i ti on s Temporary Positions are positions filled for a limited period of time. The General Manager may establish duties and rates of pay necessary to secure qualified people for needed temporary positions when doing so does not exceed the District-wide fiscal year budget for salaries and benefits. Temporary positions are not required to have Class Specifications. S e c ti on 2.2 R e c l a s s i fi c a ti on The process of reclassification is intended as a means of properly classifying and compensating employees, based upon the needs of the District. Reclassification is the combining of two or more classifications, or the material change in duties of an existing position, which requires a change in the classification of the employee. In the event that changes in the District’s staffing needs require a reclassification of an employee, the General Manager may approve such reclassification. However, if the reclassification requires the creation of a new Class Specification and/or salary range, or the change alters the number of positions approved in the budget and the Classification Plan, the Board shall approve the new specification, salary range, or budget amendment. Reclassification shall not be used for the purpose of circumventing the competitive hiring process. A. P os i ti on U p g ra d e - E ffe c ts of I n c u m b e n t i n th e P os i ti on If the reclassification of a position requires that the position be upgraded to a higher classification, the incumbent may be reclassified if the incumbent has met all of the following criteria: 1) Has the minimum qualifications for the new classification; 2) Has a satisfactory (or meets standards) overall rating on his/her most recent evaluation; Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 4 3) Has demonstrated the knowledge, skills, and abilities to satisfactorily perform the full scope of duties in the new classification and; 4) Has been in the existing position for a minimum of one year BB . P os i ti on Dow n g ra d e If the reclassification of a position requires that the position be downgraded to a lower classification, the incumbent shall be reclassified to the lower position within the District, or at the discretion of the General Manager, may be allowed to fill any similar vacant position within the District for which that employee is qualified, without a competitive process. C . Ap p l i c a b l e P a y F ol l ow i n g R e c l a s s i fi c a ti on In a position upgrade, the General Manager shall assign the employee to a salary step within the new classification salary range that is appropriate, based upon the employee’s experience and qualifications. In no case, however, will the new salary step be less than the employee’s current salary. In the case of a position downgrade, the General Manager shall assign a salary within the new range that is closest to, but not more than, the incumbent’s salary in the existing range. In the event that the employee’s existing salary already exceeds the salary range of the new position, that employee’s salary shall be “Y” rated. (Y-Rating - The maintenance of an employee’s existing salary/wage until the newly assigned salary range increases beyond the retained salary of the employee.) Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 5 PP OL I C Y 3 R E C R U I T M E N T AN D S E L E C T I ON S e c ti on 3.1 Va c a n c i e s The Board is the appointing authority for all Board -appointed positions, which includes the General Manager, General Counsel and Controller. The General Manager is the appointing authority for all other positions in the District. When a vacancy occurs in an authorized position, the District shall normally conduct a competitive recruitment process. S e c ti on 3.2 E q u a l Op p ortu n i ty E m p l oy e r/Ap p l i c a n t R e a s on a b l e Ac c om m od a ti on The District is an Equal Opportunity Employer. The District’s recruitment program will be designed to appeal to the broadest segments of the population, and the selection process for employment shall not be influenced by race, religion, creed, political affiliation, color, national origin, ancestry, sex (including pregnancy, childbirth, medical conditions related to same, and gender), sexual orientation, age, marital status, medical condition or physical or mental disability., or any other class protected by law. The District will makeprovide reasonable accommodation for allto qualified applicants with disabilities to ensure equal opportunity in the application process, provided that any accommodations made dosubject to certain exceptions, including, but not result inlimited to, whether the requested accommodation will create an undue hardship toon the District. S e c ti on 3.3 Qu a l i fi c a ti on of Ap p l i c a n ts No person shall be employed in or appointed to any position unless said person meets the required qualifications, education, or experience designated for that classification. However, in order to meet the needs of the District, when a recruitment has been unsuccessful or has not resulted in candidates that meet all designated criteria, exceptions may be granted by the General Manager. Applicants are subject to any employment contingencies established for the position including, but not limited to, a satisfactory medical/physical exam, background investigation, reference check, driving record check, and knowledge/skills/leadership style tests. Failure to satisfy contingencies may result in the District withdrawing an offer of employment, or if employee has already begun working for the District, termination of employment. S e c ti on 3.4 Di s q u a l i fi c a ti on of Ap p l i c a n ts An applicant may be disqualified for employment for any of the following reasons: 1) The applicant is physically or psychologically unfit for the performance or safe performance of the essential duties of the position and such unfitness cannot be reasonably accommodated. 2) The applicant has been dismissed for cause from previous employment. 3) The applicant has used an unethical personal or political influence to attempt to obtain employment or promotion with the District. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 6 4) The applicant has been convicted of a felony or misdemeanor, which was of such a nature as to adversely affect the applicant's ability to perform the duties of the position. 5) The applicant has practiced or attempted to practice any deception, fraud or omission of material fact in the application or interview, or in securing eligibility for employment. 6) The application or supplement is incomplete or received after the announced closing date. 7) The applicant has not yet reached his/her 18th birthday. 8) The applicant has a relative, including a spouse, working for the District and the position for which the applicant is applying, would require either applicant or relative to render supervisory authority over the other and/or has the potential to create a conflict of interest in carrying out either party’s District duties. See Section 4.7 below. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 7 PP OL I C Y 4 T E R M S OF E M P L OYM E N T S e c ti on 4.1 S a fe ty a n d H e a l th The personal safety and health of each employee of the District is of primary importance. The District has an Injury-Illness Prevention Program (IIPP) and a Safety Manual, which shall be made available to each employee. An employee is expected to read the IIPP and Safety Manual, shall be safety conscious, use good judgment in performing job duties, and follow all rules and procedures in the IIPP, the Safety Manual, and other procedures or directives given by his/her supervisor. S e c ti on 4.2 Work d a y The regularly scheduled eight-hour workday for full-time employees at the Administrative Office shall be set by the General Manager and shall include the core office hours of 9:00 a.m. to 4:00 p.m. The Operationsapplicable Department Manager shall set the regularly scheduled eight-hour workday for field staff employees. Individual employee workday schedules are to be approved by the Department Manager or Area Superintendentappropriate supervisor, but must fall within the core hours specified for each work site by the General Manager or Operationsapplicable Department Manager. A.A. M e a l B re a k s An employee’s one-half hour to one hour unpaid meal break is not a part of the eight-hour workday, except for the paid lunchtime provided to Supervising Rangers. B .B . R e s t B re a k s Employees are entitled to take a short rest period of up to ten minutes within each half- day worked. Such rest periods should be taken at a time and in a manner, which does not interfere with the efficiency of operations. C .C . Al te rn a te Work S c h e d u l e s Supervisors and office staff may be eligible to participate in alternate work schedules, including telecommuting, in accordance with administrative guidelines for the program. Designated hours and work sites may be changed from time to time and may include weekends, holidays and evenings to accommodate the needs of the District. See Administrative Guidelines for Flexible Work Schedules for Office, Supervisory, and Management Employees. S e c ti on 4.3 Atte n d a n c e Employees shall be in attendance and ready to work at their designated work sites at the hours arranged and approved by the employee’s supervisor. Any unauthorized absence from the employee’s work duties or work site may be designated as absence without pay and may be cause for disciplinary action. A. R e p orti n g L a te -to-Work or Ab s e n c e Employees are required to follow department procedures in reporting a late-to-work or unplanned absence. When a department procedure does not exist, employees shall make every effort to report an absence or late-to-work to his/her supervisor as soon as possible, but prior to the beginning of that employee’s scheduled workday. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 8 BB . T i m e C a rd s Each employee is responsible for keeping accurate records of his/her attendance and absences, and will fill out and sign his/her time card. Each supervisor will signapprove the employee’s time cards after verifying the accuracy of the hours reported by the employee. Employees who are classified as “exempt” under the Fair Labor Standards Act shall follow the time card procedures set out in the District’s Salaried Employees Policy. (See Appendix E) S e c ti on 4.4 P rob a ti on a ry Sta tu s - At Wi l l E m p l oy m e n t The probationary period is part of the selection and testing process and is designed to ensure that employees are able to satisfy requirements of the position for which they were hired or promoted. Newly hired or promoted employees are “at- will” which means they are subject to dismissal at any time, without cause, without advance notice, and without the right of hearing or appeal. This “at The General Manager shall approve all extensions of probation or failure to pass probation. “At-will” status continues until a probationary employee has completed the minimum probationary period specified, including any extension thereof, and receives a recommendationan approval for regular status from the Department Manager, and is approved for regular status by the General Manager. The General Manager shall also approve all extensions of probation or failure to pass probation. . A. P rob a ti on a ry P e ri od The probationary period for newly hired employees shall be twelve (12) months and may be extended up to three (3) months. The probationary period of employees promoted employeesor transferred to a new classification shall be six (6) months and may be extended up to three (3) months. In addition, an employee who is absent from duty or unable to perform the essential functions of his/her job in excess of a total of four (4) weeks during the probationary period shall have his/her probationary period extended for the duration of the absence (which may exceed the 3 -month extension period described above) to allow the District an adequate period of time in which to determine if the employee is able to satisfy the requirements of the position. A probationary employee will receive written notice prior toof any extension of probation. B . At-Wi l l S ta tu s for U p p e r M a n a g e m e n t “At-Will Managers” are Assistant General Managers, the Chief Financial Officer/Director of Administrative Services, Division Managers of the Administrative Services Department M a n a g e rs (Information Technology Division, Human Resources Division, and Finance Division), and Department Managers and the Assistant General Manager are. These “at -will” employees who serve at the will and pleasure of the General Manager throughout their employment, and may be terminated at any time without cause, without advance notice, and without the right of hearing or appeal. See Severance Pay for DepartmentAt-Will Managers and Assistant General Manager, Section 5.8(ab). S e c ti on 4.5 P e rform a n c e E va l u a ti on P rog ra m The District will provide performance evaluations for the purpose of: Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 9 1) Recognizing each employee’s achievements and contributions to the organization. 2) Providing developmental feedback including identification of deficiencies and providing specific action plans to improve. 3) Establishing training needs. 4) Providing a basis for salary recommendations and promotions. AA. F orm s a n d F re q u e n c y The District will provide a form and format for written employee evaluations. Managers and Supervisors will complete such evaluation forms at least twiceonce annually, except as otherwise provided in this Personnel Manual, and may provide more frequent evaluations as may be needed and/or beneficial. B . P roc e d u re s Employees will be asked to sign the evaluation and will be given up to fifteen (15) calendar days to include any comments in the appropriate section of the form. Employee comments are optional. If the employee refuses to sign acknowledging receipt of the evaluation, the supervisor will make a notation on the form of the date the evaluation was given and that the employee has failed to sign the evaluation. C . Ove ra l l B e l ow S ta n d a rd E va l u a ti on If an employee receives an overall below standard performance evaluation and has not reached the maximum salary step in the applicable salary range, that employee will not be eligible for a step increase until the next six-monthannual evaluation. If the employee’s performance during the next six monthevaluation period has been consistently standard or above, the step increase will be given at that time. (The definition for an “Overall Below Standard Evaluation” is: a sufficient number of Below Standard ratings on the employee’s performance evaluation to render that employee’s overall performance to be Below Standard, and/or a Below Standard rating in any one category which is egregious, chronic, or impairs the employee’s ability to perform the essential functions of the position. Furthermore, in no case shall an employee receive an Overall Standard Evaluation with three or more Below Standard ratings.) An Overall Below Standard Evaluation must be written by or approved by the Department Manager. An employee in good standing is one who was rated “Meets Standard” or “Exceeds Standard” in his or her most recent performance evaluation. D. N ot S u b j e c t to th e Ap p e a l or Gri e va n c e P roc e s s The performance evaluation is not subject to any appeal or grievance process. E .De p a rtm e n t “At-Wi l l ” M a n a g e rs a n d Oth e r “At-w i l l ” E m p l oy e e s Department Managers and other “At-will” Employees who are employed through an employment agreement “At-will” Managers as defined herein, will receive regular feedback from the General Manager or respective supervisor. They are not subject to the written evaluation process described above, but mayshall, at the discretion of the General Manager, receive periodic written evaluations. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 10 FF . P rob a ti on a ry E va l u a ti on s The District will provide written evaluations for probationary employees at four and eight months after the start of employmentas deemed necessary by the employee’s immediate supervisor during the probationary period. S e c ti on 4.6 P rom oti on It is the policy of the District to fill authorized position vacancies with the most qualified individuals available. The District also endeavors to provide promotional opportunities for qualified employees. The probationary period for a newly promoted District employee, or an employee transferred to a new classification, shall be six (6) months, and may be extended as set out in Section 4.4. Promoted employees failing to complete probation shallwill be returned to their former position or a similar position in a similar pay grade provided that such a position is available. However, if no such position is available, the employee may be laid off, or may, at the discretion of the General Manager, be offered a lower position if a vacant position is available and if the employee is qualified for that position. A. P a y Afte r P rom oti on The General Manager shall assign the employee to a salary step within the new classification salary range that is appropriate, based upon the employee’s experience and qualifications. In no case, however, will the new salary step be less than the employee’s current salary. S e c ti on 4.7 E m p l oy m e n t of R e l a ti ve s To avoid any potential for a conflict of interest or favoritism, it is necessary to restrict the employment of relatives of elected officials, appointed officials, and employees of the District. Relatives, as defined in this section, shall include spouse or domestic partner, child, stepchild, parent, siblings, aunts/uncles, grandparents, mothers/fathers-in laws, any other relative living in the employee’s home. The following restrictions will apply: 1) Relatives shall not be employed in a position, which exercises supervisory authority over another relative, if the employment has the potential for creating an adverse impact upon supervision, safety, security, or morale. 2) If two (2) District employees become relatives after employment, and their employment conflicts with the provisions of Subsection (1) of this section, and the conflict cannot be resolved by a transfer or other reasonable accommodation, the two employees will be given a choice of which employee will resign. If neither chooses to resign, the District may discharge one of the employees based upon seniority, overall experience, and/or overall impact on the District, without appeal. 3) In no event shall an employee participate in decision-making aspects of the recruitment, selection, or determination of compensation process for a position in which that employee's relative has applied. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 11 4) No District employee or elected official shall attempt to intervene in or influence a District decision concerning any aspect of the employment of his or her relative (as defined in this section). S e c ti on 4.8 P ol i ti c a l Ac ti vi ty District employees are public officials and as such are subject to numerous laws, regulations and court decisions regulating incompatible activities and conflicts of interest. Therefore, the following are prohibited activities: 1) An employee may not participate in personal political activities of any kind while in uniform or during his/her working hours, or during such time when the public may reasonably assume that the employee is acting as a representative of the District. (Examples would include wearing of campaign buttons, soliciting support for a candidate or legislation, or soliciting donations for political causes.) 2) While in uniform or during his/her working hours, or during such time when the public may reasonably assume that the employee is acting as a representative of the District an employee may not directly or indirectly solicit or receive political funds or contributions, knowingly, from other District officers, employees or the public. An employee may not use any District contact or mailing lists to solicit such contributions at any time. 3) An employee may not utilize any District resources for the purpose of personal political activity, nor use District resources to support or oppose any qualified ballot measure or candidate for elective office. 4) An employee may not use his/her influence or official authority to secure any appointment of any person or prospective appointment of any person to any position in the service of the District as a reward or return for personal or partisan political service. Any employee who is not sure if his/her activity may be in violation of this Section should consult with the Administration andhead of Human Resources Manager or the District’s General Counsel. S e c ti on 4.9 C on fl i c t of I n te re s t No employee of the District shall have a personal financial interest of any kind in any districtDistrict contract, sale or transaction. Any participation by an employee in the process by which such a contract is developed, negotiated, recommended or executed is a violation of this Section. S e c ti on 4.10 T ra n s fe r Employee requests for transfer to another District work area or department may be considered, if the position is in the same or comparable classification as the employee's existing position, the employee has attained regular status, and the employee meets the minimum qualifications of the new position. Such transfer requests shall be made in writing and submitted to the Department Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 12 Manager. If the Department Manager approves, the transfer request will be submitted to the General Manager for his/her approval. All transfer requests are subject to the approval of the General Manager. The General Manager may initiate employee transfers when the transfer is in the best interest of the District. Such transfers shall be to a position in the same or comparable class with the same or comparable salary range. The employee shall remain at the same salary step and shall retain the same anniversary date. The employee’s preferences regarding the transfer will be considered to the greatest extent possible. Such transfers are not subject to any appeal or grievance procedure. S e c ti on 4.11 Ke y s a n d S e c u ri ty C od e s Keys to the District gates, facilities, and vehicles shall be issued only to employees so designated by the Department Manager or his/her designee(s). These are the property of the District, and employees shall not duplicate or loan keys, except when directed to do so by the Department Manager or designee, and shall surrender them to the District upon separation from the District. Employees shall immediately report lost or stolen keys to their supervisors who shall then report the loss to the Department Manager. Employees shall protect District assets by keeping access codes confidential, except when following procedures for contractor access to preserves. S e c ti on 4.12 P os ti n g s on B u l l e ti n B oa rd s /Di s tri c t P rop e rty For the purpose of maintaining a professional, non-political and harassment free work environment, the District will review all items to be posted on public or community areas of District property such as bulletin boards, vehicles and common area walls, doors or equipment. The Department Managers for the Administrative Office and the Area Superintendents for the field offices shall approve any items before they are posted. S e c ti on 4.13 Off-Du ty E m p l oy m e n t a n d B u s i n e s s Ow n e rs h i p The District reserves the right to restrict off-duty employment/business ownership by District employees for the purpose of ensuring safe, efficient and effective performance of duties at the District. Any District employee engaged in, or wishing to engage in outside or self-employment must notify his/her Department Manager or Area Superintendent immediate supervisor in writing. The Department Manager or Area Superintendentsupervisor shall discuss the nature and hours of the off-duty employment with the employee and the employee’s supervisor (if applicable).. The Department Manager or Area Superintendentsupervisor shall have the right to limit, deny, or withdraw approval of such employment at any time, with a minimum of two weeksweeks’ advance notice, in the event the employee is working an off-duty job. Any permission to engage in off-duty employment or business ownership must be in writing. District employees are permitted to work off duty or own a business after receiving District approval, when all of the following conditions are met: 1) Such employment/business ownership does not conflict with department schedules, duties and/or responsibilities.; and 2) Such employment/business ownership does not create a conflict of interest or an incompatibility with District employment, (e.g. working on a District contract or Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 13 receiving money for performing any act that would be part of the employee’s regular duties).); and 3) Such employment/business ownership does not create a detrimental effect upon the employee's performance of District duties and responsibilities or involve time demands that render the employee’s performance less efficient; and 4) Work performed in such employment/business ownership is not regulated or inspected by any District employee.; and 5) Such employment/business ownership does not involve conducting private business during hours of District employment or the use of any district resources or uniforms.; and 6) The employee agrees that he/she is not entitled to receive District-provided Worker's Compensation benefits if he/she sustains an injury or illness during the course of off-duty or self-employment not related to his/her District employment. SS e c ti on 4.14 N oti c e of R e s i g n a ti on Employees who wish to voluntarily terminate employment with the District shall provide a minimum of two (2) weeksweeks’ written notice to their immediate supervisor, unless an emergency situation prevents such notice or upon agreement of the General Manager. The resignation shall be accepted upon submission and deemed effective on the date stated in the resignation. S e c ti on 4.15 E x i t I n te rvi e w The Administration andhead of Human Resources Manager or designee shall hold an exit interview with each regular separating employee. The interview shall include apprising the exiting employee of any employee benefits (such as retirement) due him/her and providing information or referrals on how to receive such benefits. All District equipment, keys, credit cards etc. shall be collected at or before the exit interview. S e c ti on 4.16 E m p l oy m e n t R e i n s ta te m e n t Former employees who have voluntarily left the District service shall have no right to reinstatement. Any reinstatement into a vacant position (of the same classification) shall be at the sole discretion of the General Manager as long as the request for such reinstatement occurs within 6 months of the employee’s separation in good standing from District employment. The rate of pay for the reinstated employee shall be determined by the General Manager, but shall not exceed the rate of pay the employee was earning prior to leaving District employment, and may be less if the employee is reinstated to a lower position. For the purpose of attracting and maintainingretaining experienced and qualified personnel, the General Manager, at his/her sole discretion, may determine the amount of leave time accrual and other “time-in-grade” benefits the reinstated employee may earn upon reinstatement. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 14 SS e c ti on 4.17 P a i d Ad m i n i s tra ti ve L e a ve The General Manager may place an employee on paid administrative leave for any reason, whether or not related to discipline. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 15 PP OL I C Y 5 C OM P E N S AT I ON The District endeavors to establish pay for their employees that allow it to attract and retain competent, qualified staff, and is equitable internally. The General Manager shall recommend a Compensation Plan to the Board of Directors for General Manager appointed positions, which meets these general guidelines. Upon recommendation of the General Manager, the Board of Directors shall approve the Compensation Plan. The Compensation Plan may include Administrative Guidelines, which shall be supplemental to this policy. The General Manager shall periodically review the compensation received by District employees, utilizing such tools as the Consumer Price Index and review of salary plans of similar positions in the related job market. See Board Policy 2.03, Employee Compensation Guiding Principles. S e c ti on 5.1 S ta rti n g S a l a ri e s A starting salary shall normally be at the first step of the salary range. However, the General Manager, at his/her discretion, shall determine starting salaries for individual employees within the compensation plans, commensurate with the new employee’s experience, knowledge, education, skills and abilities. S e c ti on 5.2 S te p I n c re a s e s If a salary step program is being utilized, new employees hired at a rate of pay that is not at the maximum of the pay range shall be eligible for a salary increase upon successful completion of the probationary period, or any extension thereof. Thereafter, employees shall be eligible for salary increases at twelve-month intervals, up to the top of the pay range. A completed performance evaluation with an overall rating of satisfactory or above shall be required for all salary increase recommendations. S e c ti on 5.3 P a y Afte r P rom oti on An employee who has successfully competed for a position in the District which has a higher salary range than his/her existing position shall be assigned the beginning step of the new salary range or a five (5) points abovepercent increase in his/her existing salaryregular rate of pay, whichever is greater. In addition, an adjustmentAn additional increase of up to five (5) points willpercent of the new salary may be added to the starting salary to compensate for the length of time since the employee’s last step increase, unless the employee was at the top of the salary range (see promotional chart below). In an instance in which the incumbent employee’s knowledge and experience are such that a promotional starting salary as noted above would create internal inequity, the General Manager may make an adjustment to the starting salary which is commensurate with that employee’s experience, knowledge, education, skills and abilities, including the length of time that employee may have served in an “Acting” capacity for the newly promoted position, not to exceed the top of the salary range. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 16 Months* Worked Since Merit Increase Last Annual Evaluation 1 month 0.0 points 2 through 36 months 1 pointstep (2.5 percent) 47 through 512 months 2 points 6 through 7 months 3 points 8 through 9 months 4 points 10 through 11 months steps (5 pointspercent) *Month is equivalent to 30a calendar month irrespective of how many days. Add total days since last annual evaluation and divide by 30, then round off to the nearest are in each month. SS e c ti on 5.4 Ac ti n g As s i g n m e n ts The General Manager may assign an employee to perform the duties of and assume the responsibilities of a higher-level classification due to a position vacancy, or to meet the temporary needs of the District. In consideration of the Acting Assignment, the employee shall be paid at least five (5) but not more than ten pointspercent more than his or her current salary, beginning on the first day of the assignment, subject to the minimum and maximum time periods noted below. The need for acting assignments shall be evaluated on a case-by-case basis. Assignment of some duties of a higher classification during the temporary absence of an employee without assignment of the full responsibilities of the higher classification may be made without additional compensation paid to the employee. A. S a l a ri e d E m p l oy e e s Salaried employees are those District employees whose position is classified as exempt from the overtime compensation requirements of the Fair Labor Standards Act. Acting pay for salaried employees shall apply only if the Acting Assignment exceeds fifteen (15) working days. B . H ou rl y E m p l oy e e Hourly employees are those District employees whose position is classified as non-exempt from the overtime compensation requirements of the Fair Labor Standards Act. Acting pay for an hourly employee shall apply only if the Acting Assignment exceeds five (5) working days. In the event an hourly employee is assigned to Act for a salaried position, the employee shall continue to be paid hourly for the purposes of overtime and will therefore not be eligible for any Administrative Leave time. C . Du ra ti on An acting appointment shall normally not exceed six months, however, the General Manager may authorize an extension of the period due to extenuating circumstances and to meet the needs of the District. S e c ti on 5.5 Ove rti m e When it is necessary for the operation of the District, hourly employees may work overtime, but must obtain authorization from their immediate supervisor, Area Superintendent or Department Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 17 Manager prior to commencement of overtime. FieldSupervising Rangers and Maintenance Supervisors are pre-authorized for overtime if needed to complete an emergency incident. The Supervising Ranger or Maintenance Supervisor shall contact anhis/her Area Superintendent, Area Manager, or Department Manager immediately if the event is going to take an extended amount of time. In compliance with the Fair Labor Standards Act, as it applies to public sector employers, any employee of the District required to work overtime shall be compensated at time and one-half his/her regular hourly rate of pay for time actually worked in excess of forty (40) hours within the seven -day work week, (exclusive of non-paid meal breaks). For field supervisory employees, overtime pay shall apply for time worked in excess of the scheduled workday or in excess of the forty-hour workweek. Holiday, sick, and vacation paid leave time shall be counted toward the calculation of hours worked for the purpose of overtime compensation. AA.Al te rn a te Work S c h e d u l e s Overtime rules for employees authorized to work Alternate Work Schedules (such as 9/80) shall be those set out in the Administrative Guidelines for Flexible Work Schedules for Office, Supervisor, and Management Employees regarding overtime rules for flex schedules. B .S a l a ri e d E m p l oy e e s Employees of the District designated as salaried shall not be subject to the provisions of this section. (See Salaried Employee Policy- Appendix E) S e c ti on 5.6 C om p e n s a tory T i m e An hourly employee may elect compensatory time in lieu of overtime pay. Compensatory time is subject to a maximum accrual of 50 hours (33 and l/3 hours worked computed at time -and -one -half to a total of 50 hours). Supervisor approval is required for use of compensatory time and shall normally be granted if the employee provides reasonable advance notice and if the granting of the time off does not unduly disrupt District operations. Use of compensatory time is not considered hours worked in a week for the purpose of calculating overtime. Unused compensatory time shall be paid at termination. S e c ti on 5.7 L on g e vi ty P a y P rog ra m An Office, Supervisory and Management employee whois eligible for Longevity Pay if all of the following apply: 1. Employee has worked for the District for a minimum of ten (10) consecutive years, and 2. Employee is currently at the top of his/her salary range, and 3. Employee has no below standard rating on his/her last annual performance evaluation,. Such employees will be eligible to receive a one percent (1%) lump sum payment of annual salary each year after completion of the annual performance evaluation. This benefit applies to both full -time and part -time District employees. The lump sum payment will not adjust the salary range and will not count toward the calculation of annual salary for the purpose of computing life insurance coverage or long -term disability (LTD) wages. At-Will Managers are not eligible for Longevity Pay. See Section 5.8 below. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 18 SS e c ti on 5.8 M e ri tori ou s P a y for “At -Wi l l ” De p a rtm e n t M a n a g e rs a n d A.M e ri tori ou s P a y “At-Wi l l M a n a g e rs ,” d e fi n e d a b ove a s As s i s ta n t Ge n e ra l M a n a g e r A.M e ri tManagers, the Chief Financial Officer/Director of Administrative Services, Division Managers of the Administrative Services Department (Information Technology Division, Human Resources Division, and Finance Division), and Department Managers, are eligible for Meritorious Pay as described in this section. For those department managers “At-Will” Managers who have reached the top of their salary range as of April 1st of any given year, (the beginning Aprilof the District’s Fiscal Year (beginning July 1, 2007)2016), the General Manager may award meritorious performance pay of 1% to 5% of the employee’s annual salary at the end of that fiscal year, based upon overall performance, including, but not limited to, completion of items on the annual Action Plan as well as performance in response to unanticipated projects and exceptional professional and managerial achievement. This meritThe manager’s evaluation shall reflect that meritorious pay is awarded for superior performance. This meritorious pay if awarded, is a lump sum payment, will not adjust the salary range, and will not be added to the individual’s base salary for the purpose of computing life insurance coverage or LTD wages. B .S e ve ra n c e P a y Department Managers and the Assistant General Manager are “at -will” employees and will be given a severance payment equal to 90 days of their current base salary if they are terminated from District employment at the will and pleasure of the General Manager, except in cases of official misconduct.misconduct, including but not limited to, conviction of a crime involving an abuse of his/her office or position with District. (See Gov. Code, § 53243 et seq.) S e c ti on 5.9 S h i ft Di ffe re n ti a l /C a ll B a c k P a y for F i e l d S u p e rvi s ory S ta ffS u p e rvi s i n g R a n g e rs a n d M a i n te n a n c e S u p e rvi s ors A. N i g h t S h i ft Hourly field personnelSupervising Rangers and Maintenance Supervisors will receive a differential of $3.00 per hour for each hour actually worked between 7after 2:00 P.M. and p.m. when at least four (4) hours of an assigned work schedule, or additional work approved by a supervisor, occurs after 5:00 p.m. and before 6:00 A.M. on any shifta.m. The differential shall apply to overtime hours the same as straight time hours. A.S p l i t S h i ft Hourly field personnelSupervising Rangers and Maintenance Supervisors assigned to work a split shift will receive a differential of $40.00 per workday for each split shift actually worked. B .C a l l B a c k T i m e Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 19 Any hourly field supervisorSupervising Rangers or Maintenance Supervisors not residing in District housing will receive a minimum of 3 hours of call-back time paid at time-and-one half (1-1/2 time).), commencing upon arrival at the employee’s work station. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 20 PP OL I C Y 6 B E N E F I T S S e c ti on 6.1 B e n e fi t P l a n s A. M e d i c a l I n s u ra n c e The District participates in the CalPERS Health Insurance Program, which offers a choice of several medical plans available to District employees. Effective January 1, 2007, the District will contribute $300.00* per month toward the cost of medical insurance for regular, full time employees. Effective January l, 2009, theThe District will contribute $350.00* per month toward the cost of medical insurance for regular, full -time employees. (*See Section B (5) below.)). The District will provide same-sex domestic partner medical coverage in the CalPERS Health Program plans as provided for in this section to the extent and in the manner in which the CalPERS Health Program allows for the domestic partner’s enrollment. Unless the domestic partner qualifies as a dependent under Section 152 of the Internal Revenue Code, domestic partner coverage cannot be paid on a pre-tax basis under the Cafeteria Plan or paid for with contributions under the Cafeteria Plan. The fair market value of the domestic partner coverage, less any amount paid by the employee for that coverage, must be taxed to the employee as income. B .C a fe te ri a P l a n The District will continue to provide a Section 125 Cafeteria Plan that employees may use to pay for the cost of medical, dental, and vision insurance as well as Dependent Care and Health CareMedical Reimbursements on a pretax basis. The District will provide a contribution into the Cafeteria Plan sufficient to pay for dental and vision insurance, plus an additional amount toward medical insurance as described below. The Cafeteria Plan contribution will be adjusted to maintain the level of contributionas described below whenever the premium cost for medical, dental or vision insurance changes.. 1. 1) Effective January 1, 2007the first pay period at the beginning of August 2015, the District will provide monthly contributions to the Cafeteria Plan sufficient to cover the one-party (employee) premium of the lowest cost HMO (over and abovein the basic $300following amounts for each coverage tier: Employee Only: $810.00 contribution) and will pay ninety-five percent (95%) of the difference between the lowest cost HMO one-party (employee) plan and the lowest cost HMO 2-party Employee Plus One: $1,375.00 Employee Plus Two or family plan premiums, as may be selected by the employee. More: $1,715.00 If the employee selects a more expensive plan with a greater premium cost than the lowest cost HMODistrict contribution, the employee will pay 100% of the additional premium cost above what is paid for by the District under the lowest cost HMO plans as described above. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 21 2) Effective January 1, 2008 the District will provide contributions to the Cafeteria Plan sufficient to cover the one-party (employee) premium of the lowest cost HMO (over and above the $300.00) and will pay ninety-two and one-half percent (92.5%) of the difference between the lowest cost HMO one-party (employee) plan and the lowest cost HMO 2-party or family plan premiums, as may be selected by the employee. If the employee selects a more expensive plan than the lowest cost HMO, the employee will pay 100% of the additional premium cost above what is paid for by the District under the lowest cost HMO plans as described above. 3) Effective January 1, 2010 the District will provide contributions to the Cafeteria Plan sufficient to cover the one-party (employee) premium of the lowest cost HMO (over and above the $350.00 effective as of January 1, 2009) and will pay ninety percent (90%) of the difference between the lowest cost HMO one- party (employee) plan and the lowest cost HMO 2-party or family plan premiums, as may be selected by the employee. If the employee selects a more expensive plan than the lowest cost HMO, the employee will pay 100% of the additional premium cost above what is paid for by the District under the lowest cost HMO plans as described above. 2. 4) Effective July 1, 2016, the District Cafeteria Plan contribution will be adjusted according to the San Francisco Area Consumer Price Index for All Urban Consumers for the year preceding the adjustment from February to February. The July 1, 2016 Cafeteria Plan adjustment shall be not less than 2.0 percent or greater than 3.0 percent. 3. Effective July 1, 2017, the District Cafeteria Plan contribution will be adjusted according to the San Francisco Area Consumer Price Index for All Urban Consumers for the year preceding the adjustment from February to February. The July 1, 2017 Cafeteria Plan adjustment shall be not less than 2.0 percent or greater than 3.0 percent. 1.4.Cash Back: In the event CalPERS offers a medical insurance plan with lower premiums than the lowest cost HMODistrict contribution, an employee selecting such a plan will have contributions remaining in the Cafeteria Plan and may apply the remaining contribution to other qualified benefit costs, or receive the difference in cash. 2.5.5) *Waiver: If an employee provides evidence (e.g. insurance ID card) that he/she is covered under a non-District medical plan, basically equivalent to that provided by the District, he/she may elect to waive such coverage through the District. Employees waiving medical coverage will receive contributions under the Cafeteria Plan equivalent to one-half of the one-party (employee) rate of the lowest cost HMODistrict Employee Only contribution, and may elect to apply such contribution toward other qualified benefit costs or receive the difference in cash. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 22 6) If the District determines, before or during any Cafeteria Plan year, that the Cafeteria Plan may fail to satisfy any requirements of the Internal Revenue Code for such plan year, the District shall take such action as the District deems appropriate and necessary to ensure that the Cafeteria Plan satisfies the requirements of the applicable IRS Code. CC . De n ta l I n s u ra n c e The District will make available the Delta Dental Plan that is provided to the District as a subgroup of Santa Clara County. The District will provide a similar plan if the Delta Dental Plan becomes unavailable. The District will pay the full premium cost of the dental plan coverage for employees and dependents as a contribution to the Cafeteria Plan. If an employee is currently covered under a non-District provided dental plan, basically equivalent to that provided by the District, the employee may elect to waive such coverage through the District. An employee who elects to waive dental coverage will receive the cash equivalent of one-half (½) of the dental premium, and may elect to use it for other benefit costs or receive it in cash. The District agrees to provide same-sex domestic partner coverage in the dental plan, if the plan allows for the domestic partner’s enrollment. D. Vi s i on I n s u ra n c e The District will make available the Vision Service Plan as provided to the District as a subgroup of Santa Clara County. The District will provide a similar plan if the Vision Service Plan becomes unavailable. The District will pay the full premium cost of the vision plan coverage for employees and dependents as a contribution to the Cafeteria Plan. An employee may elect to waive vision plan coverage through the District. An employee who elects to waive vision coverage may elect to apply the full amount of the vision plan premium toward other benefit costs or receive it in cash. The District agrees to provide same-sex domestic partner coverage in the vision plan, if the plan allows for the domestic partner’s enrollment. E . B a s i c L i fe a n d Ac c i d e n ta l De a th & Di s m e m b e rm e n t (AD&D) I n s u ra n c e The District will provide basic life insurance coverage equivalent to two times (2x) the employee’s annual salary and AD&D plan coverage equivalent to two times (2x) the employee’s annual salary at no cost to the employee. Note: the two times (2x) the employee’s annual salary may be subject to benefit reductions required by the carrier for employees age 6570 and older. F .Op ti on a l S u p p l e m e n ta l L i fe I n s u ra n c e B e n e fi ts The District shall offer the following optional benefitsoption of electing Supplemental Life Insurance to employees at the employee’s cost: Supplemental Group Life Insurance. G.P a rt-T i m e E m p l oy e e s Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 23 Medical, dental and basic life insurance benefits for regular part-time (one-half time or greater) employees shall be provided on a pro-rata basis unless greater employer contributions are required by law. HH .S ta te Di s a b i l i ty I n s u ra n c e (S DI ) The District agrees to continue payroll deduction of State Disability Insurance (SDI) premiums for all employees except for any group of employees who may have elected out of the SDI program. I .E m p l oy e e As s i s ta n c e P rog ra m The District shall provide an Employee Assistance Program for all regular employees of the District and shall pay the full cost of the program. J .L on g -T e rm Di s a b i l i ty P l a n (L T D) The District will provide a Long-Term Disability Plan, requiring 100% employee participation. This is an employee paid plan. K.R e ti re m e n t The District contracts with the California Public Employees' Retirement System (CalPERS) to provide the local miscellaneous 2.5% at 55 Retirement Plan formula. The District shall pay the required Employee Member Contribution (EMC) except as provided below.pension benefits for employees. The pension formula for “classic” employees is the local Miscellaneous 2.5% at age 55 Retirement Plan. “Classic” employees pay 8% of pensionable salary to pay the employee CalPERS contribution. The pension formula for “new” CalPERS member employees is the local Miscellaneous 2.0% at age 62 Retirement Plan. “New” employees pay one-half of the normal cost of their pension plan to pay the employee CalPERS contribution. Employees shall contribute 1% of the EMC toward the cost of providing the retirement plan. Effective 04/01/2008, employees shall pay an additional 1% of the EMC for a total of 2%. L .De p e n d e n t C a re a n d M e d i c a l E x p e n s e R e i m b u rs e m e n t The District will provide a Dependent Care Plan and Medical Expense Reimbursement Plan in accordance with Internal Revenue Code Section 125. Such plans enable employees to deposit funds into the plan and to pay for dependent care and unreimbursed medical, dental, or other health care expenses on a pre-tax basis. M .R e ti re e M e d i c a l C ove ra g e An employee who retires from the District and who begins receiving CalPERS retirement benefits within one hundred twenty (120) days of separation from District employment will be eligible to continue his/her CalPERS medical plan coverage during retirement. The District will contribute Three Hundred Fifty Dollars ($300350.00) per month toward the cost of such employee’s retiree medical plan premium. Effective 01/01/2009, this amount will increase to Three Hundred Fifty Dollars ($350.00) per month. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 24 SS e c ti on 6.2 Work e rs ’ C om p e n s a ti on /I n d u s tri a l I n j u ry or I l l n e s s /Work e rs ’ C om p e n s a ti on If, during the performance of assigned duties, an employee sustains an industrial injury or illness covered by Workers’ Compensation, the District shall augment Workers’ Compensation, long term disability, and other benefits in order to provide for full pay for the disabled employee up to a maximum of ninety (90) days in a twelve month period without use of the employee's accrued leave time; except that the employee must use accrued leave time to cover the three (3) day waiting period for Workers’ Compensation temporary disability payments, unless the employee is hospitalized as an inpatient or unable to work more than fourteen (14) days. All industrial injuries or illnesses must be immediately reported to the employee’s supervisor or Human Resources personnel so that appropriate report forms can be completed. An employee who is disabled by an industrial injury or illness will be placed on a Workers’ Compensation leave of absence that may run concurrently with Family and Medical Leave. Temporary disability benefit coverage will also apply to follow-up medical appointments that occur during work time as a result of an industrial injury or illness covered by Workers’ Compensation. The employee must notify the supervisor of all such medical appointments that occur during work time in the same manner as Section 7.5 B. Sick Leave Usage. Temporary disability benefit coverage will not be provided if the District offers the employee a modified duty assignment within the employee's medical limitations and the employee declines the modified duty assignment. A. M od i fi e d Du ty In cases of injury or illness, or pregnancy, an employee may return to work for modified duty upon approval of District administration and in consultation with the employee's treating physician. The termlength of modified duty will vary depending upon the situation, but modified duty is generally limited to four months.a temporary, not permanent, assignment. The employee shall continue to receive his/her pre-injury or illness base pay during the modified duty. Approval for modified duty shall be based upon the District's ability to provide work consistent with the employee's qualifications, medical limitations, and the length of time of the limitations. The District may consult its own physician in determining the employee’s work limitations. The District follows general principles of reasonable accommodation for determining temporary modified duty assignments. Modified duty requests shall be made to the employee's immediate supervisor with appropriate documentation from the treating physician specifying the nature and duration of the work limitations. The supervisor will review the request and the documentation for completeness and immediately forward them to the Area Superintendent or Department Manager. The Area Superintendent or Department Manager, who will then consult with Human Resources to determine if appropriate work is available at the employee’s workstation before assigning the employee to another workstation. An employee on modified duty will be required to accept any modified duty assignment, schedule and/or work location within the District that is consistent with his or her limitations. The decision of the District with respect to modified Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 25 duty assignments, schedule or work location is final, and is not subject to any grievance or appeal process. The duration, number and nature of modified duty assignments are subject to the needs of the District. No employee has any entitlement to any modified duty assignment of any kind or of any length. If at any point it is determined that the employee is permanently prevented from returning to his or her usual and customary occupation, the modified duty work assignment will be terminated, and to the extent required by law, the District will initiate the reasonable accommodationinteractive process to the extent required by law. SS e c ti on 6.3 P rofe s s i on a l De ve l op m e n t A. E d u c a ti on a l Op p ortu n i t i e s 1) All District employees are encouraged to pursue educational opportunities that directly relate to their work, as well as other opportunities that will add to the employee's education and/or skill level and are intended to prepare the employee for future job assignments with the District. 2) Employees who register for courses that are determined by the District to be of direct and significant benefit to the District may receive reimbursement for tuition, fees and book expenses incurred while taking approved courses. Application shall be made on forms provided by the District and must be approved in advance of taking the course by the department manager and the Administration andhead of Human Resources Manager. 3) The limit to the amount of tuition and book reimbursement, which may be made per fiscal year per employee, is determined by the Board of Directors and is currently $800.00. The amount approved by the department manager is subject to department budgetary limits. 4) All approved reimbursements shall be made upon the satisfactory completion of course work and the obtaining of a minimum passing grade of "CB" or "Pass".an equivalent passing rating. 5) Employees shall not be compensated for time spent in attendance at educational opportunity courses. B . T ra i n i n g Hours spent in a required training that results in an hourly employee working in excess of the normal forty-hour workweek, will be compensated in accordance with FLSA regulations. C .C on fe re n c e /C on ve n ti on Atte n d a n c e Decisions concerning an employee's request to attend a conference, convention, or other meeting at the District's expense shall be authorized in advance by the Department Manager and approved in advance by the General Manager.. Permission shall be granted on the basis of the employee's participation in or the direct relation of the employee's work to the subject matter of the conference. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 26 Members of professional organizations and/or societies may be permitted to attend regular meetings of the organization and/or society when such attendance is considered to be in the best interest of the District. DD.P rofe s s i on a l Du e s a n d M e m b e rs h i p s See Administrative Policy – Request for Partial Reimbursement of Professional Dues/Memberships. S e c ti on 6.4 U n i form C om p e ns a ti on for F i e l d S u p e rvi s ory S ta ff A. N e w H i re s Newly-hired employees working in the classifications of OperationsVisitor Services Manager, Land and Facilities Manager, Area Superintendent, Supervising Ranger, Area Manager, and Maintenance and Resource Supervisor will receive their initial regular uniform items from the District at no cost to the employee as outlined by the regular uniform items list per the job classification. The General Manager or designee may authorize additional uniform items if he/she desires. The District will report the uniform allowance on an annual basis to CalPERS in July each year for the preceding fiscal year. The uniform allowance amount reported to CalPERS will derive from the District’s total fiscal year costs for providing and maintaining the employee’s uniforms, not to exceed $1,500 per year, per employee. B . Al l ow a n c e Am ou n t The General Manager shall set the annual allowance for replacing worn-out regular or optional uniform items by Aprilthe beginning of the fiscal year (i.e., July 1st of each year.). The District will pay any additional cost for oversized uniform items that are commercially available (not custom or tailored items). C . E l i g i b i l i ty /P rora ti n g Employees will become eligible to use the uniform allowance at the completion of their probationary period. With respect to the time between the probationary period completion date and the next AprilJuly 1, the allowance will be prorated based on a full year's allowance. D. F u l l Al l ow a n c e Employees will have access to a full year's uniform allowance on AprilJuly 1 following their probationary period completion date and every AprilJuly 1 thereafter. E . Di re c t U s e a n d R e s p on s i b i l i ty Employees will use the uniform allowance directly with vendors, without prior approval from supervisors. It will be the employees' responsibility to monitor the use of their own allowance; any expenditure that exceeds the allowance must be reimbursed to the District. F . P rovi d e d I te m s (N o C os t) Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 27 InAs set out in the Field Employees Association Memorandum of Understanding, in addition to the uniform allowance items referred to in the regular uniform list in the job classification, the District will continue to provideprovides District-owned items it has provided in the pastto field employees (e.g., coveralls) at no cost to the employees. All items covered by this section remain the property of the District and will be returned to the District upon separation from District employment. GG. B oots , C ove ra l l s , R a i n c oa ts a n d R a i n p a n ts In addition to the uniform allowance items referred to in the regular uniform list, the District will provide work boots, coveralls, and adequate rainpants and adequate hooded raincoats to the employees. These items will be replaced at the request of the employee, on approval of his/her immediate supervisor. The District will provide steel-toed work boots at the employee’s request. All items covered by this section, with the exception of work boots and optional raingear purchased all or in part with uniform allowance money, remain the property of the District. H . B oot R e p l a c e m e n t This policy will be the same as set out in the Field Employees Association Memorandum of AgreementUnderstanding then in effect. I . B i c y c l e P a trol U n i form s The District will provide to each Supervising Ranger who participates in the Bicycle Patrol Program one pair of long bicycle pants and one bicycle jacket. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 28 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 29 PP OL I C Y 7 L E AVE T I M E The General Manager sets the holiday schedule annually for all District employees. S e c ti on 7.1 H ol i d a y s A. Ad m i n i s tra ti ve Offi c e S ta ff a n d , Are a Su p e ri n te n d e n ts a n d Are a M a n a g e rs Annual holidays shall normally consist of: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving The day after Thanksgiving Last workday preceding the Christmas Day observance Christmas Day B .F i e l d S u p e rvi s i n g R a n g e rs a n d M a i n te n a n c e S u p e rvi s ors Annual holidays shall normally consist of: New Year's Day Martin Luther King Jr. Day Presidents' Day Cesar Chavez Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving The day after Thanksgiving Last four hours of last workday preceding the Christmas Day observance Christmas Day C . R e g u l a r p a rt-ti m e e m p l oy e e s are eligible for the same paid holidays on a pro rata hour basis according to the average number of hours they work, unless greater employer contributions are required by law. D. U s a g e 1) If a paid holiday falls on Saturday, the holiday shall be observed on the preceding Friday. If a paid holiday falls on Sunday, the holiday shall be observed on the following Monday. For employees scheduled to work Saturday and Sunday, holidays will be observed on the actual day they occur. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 30 2) Holidays, which occur during an employee’s vacation, shall not be charged against vacation time. 3) An hourly employee who worksis assigned to work on a scheduled holiday has three choices for compensation: a) One and one-half times his/her regular rate of pay plus a replacement holiday within the following two weeks, provided the supervisor and the employee can reach mutual agreement on the replacement day; or b) One and one-half times his/her regular rate of pay plus the corresponding number of hours added to his/her holiday bank; or c) Two and one-half times his/her regular rate of pay. 4) When a holiday falls on a regularly assigned day off, an hourly employee will receive the corresponding number of hours in his/her holiday bank. 5) The holiday bank will be administered according to the following provisions: a) Employees who wish to schedule time off covered by the holiday bank shall submit requests to their supervisor. Such requests shall be approved with due consideration for the desires of the staff and for the requirements of the work location. Holiday time off requests shall normally consist of 8-hour increments. b) Any time remaining in the holiday bank at the end of the calendar year shall be paid to the employee in cash at the current rate of pay by December 31st of the same calendar year subject to subsection d below. c) Employees who terminate during the calendar year shall be paid for all time remaining in their holiday bank at the current rate of pay. d) Employees assigned to work the last four hours of the workday preceding Christmas Day and/or Christmas Day or whose regular days off occur on the holidays may convert up to twelve (12) unused holiday hours to vacation. 6) Only an employee who is in paid status five (5) days before and five (5) days after a holiday shall be eligible for paid holiday benefits as described herein; this requirement will not be applied to the annual closure of the District’s Administrative office during the winter holiday week. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 31 SS e c ti on 7.2 P e rs on a l L e a ve A. Al l otm e n t Regular full-time Office Staff and Area Superintendentsemployees shall earn thirty-six (36) hours Personal Leave time each calendar year. RegularNotwithstanding the above, regular full-time FieldSupervising Rangers and Maintenance Supervisors shall earn thirty-two (32) hours personal leave time each calendar year. Regular part-time employees shall earn a pro- rated number of hours of personal leave time according to the average number of hours worked. B .Di s tri b u ti on B .Ac c ru a l Employees shall earnaccrue Personal Leave according tothroughout the following terms: 1) On the first year, pro-rated for each pay period of each quarter, employees will earn one-quarter of the annual Personal Leave. Employees may maintain a maximum of the total amount of Personal Leave for which they are eligible each calendar year. Employees who reach this limit will not earn any additional Personal Leave at the time of allotment unless and until the amount of their accrued Personal Leave falls below this accrual limit. In that event, on the first pay period of the next quarter, employees shall earn only the amount of Personal Leave for which they are eligible, sufficient to reach their maximum allotment limit. 2) An employee hired during the course of a calendar year will earn a pro-rata number of Personal Leave hours for the remainder of that calendar year. 3) Employees who are in unpaid leave status during any quarter will receive a prorated amount of personal leave allotment in the next quarter. C . U s a g e 1) Supervisor approval is required for use of Personal Leave and shall normally be granted if the employee provides reasonable advance notice, and if the granting of the time off does not unduly disrupt District operations. Except in emergency situations in which reasonable advance notice could not be given, no reason for use of personal leave need be given. 2) Personal Leave hours must be taken in one-half hour minimum increments. 3) Should an employee terminate his/her employment with the District, any Personal Leave the employee has remaining in his/her leave bank shall be paid to the employee at his/her current hourly rate of pay. S e c ti on 7.3 Ad m i n i s tra ti ve L e a ve – S a l a ri e d E m p l oy e e s A. Al l otm e n t Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 32 Administrative Leave time will be granted to salaried employees as follows: 1)The Assistant General Manager and DepartmentThe At-Will Managers will receive sixty-four (64) hours of Administrative Leave time per calendar year. 2) Salaried employees who are required to regularly attend night and/or weekend meetings, training, or other activities shall be eligible to receive a minimum of sixteen (16) hours and a maximum of forty (40) hours of Administrative Leave per calendar year. The General Manager, upon Department Manager recommendation, shall determine the amount of Administrative Leave allotted to each salaried employee by January 1st each year. Adjustments to the allotment can be made on a quarterly basis if the amount of night and/or weekend work requirements of the District change during the course of the year. 3) All other salaried employees will receive sixteen (16) hours of Administrative Leave per year. 4) Employees who are in unpaid leave status during any quarter will receive a prorated amount of Administrative Leave in the next quarter. 5) An annual payroll memo listing the number of administrative leave hours will be sent to each employee in the first pay period of each calendar year. BB . Di s tri b u t i on Ac c ru a l On the first pay period of each quarter, employees will be allotted one-quarter of the annualEach regular District employee shall accrue Administrative Leave throughout the year, pro-rated for which they are eligible. each pay period. Employees may accrue a maximum of the total amount of Administrative Leave for which they are eligible each calendar year. Employees who reach this limit will not accrue any additional Administrative Leave unless and until the amount of their accrued Administrative Leave falls below the accrual limit. In that event, on the first pay period of the next quarter, employees shall accrue only the amount of employee will commence Administrative Leave for which, they are eligible, sufficient to reach their accrual until the maximum amount of their accrued Administrative Leave reaches the maximum total annual accrual limit. C . U s a g e 1) Supervisor approval is required to use Administrative Leave. 2) Administrative Leave time must be taken in one-half hour minimum increments. 3) Should an employee terminate his/her employment with the District, any Administrative Leave the employee has remaining in his/her leave bank shall be paid to the employee at his/her current hourly rate of pay. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 33 4) A salaried employee hired during the course of a calendar year will receive a pro-rata number of Administrative Leave hours for the remainder of that calendar year. SS e c ti on 7.4. Va c a ti on A. Ac c ru a l 1) Each regular District employee shall earn vacation time according to his/her years of service as noted in the chart below and the number of hours paid to the employee during any given pay period. All regular part-time District employees shall earn vacation time on a pro-rata basis in accordance with the number of hours paid, exclusive of overtime. Years of Service Earnings per Hour Paid Equivalent 8-Hour Days per Year (Full Time- time) 1-9 0.05769 hr. 15 10 – 14 0.07692 hr. 20 15 – 19 0.08077 hr. 21 20 – 24 0.08846 hr. 23 25+ 0.09615 hr. 25 2) Employees may accrue up to two times the amount of their annual vacation. Employees who reach this accrual limit will not earn any additional vacation days unless and until the amount of their accrued vacation time falls below the accrual limit. B . U s a g e 1) Vacation shall be taken in minimum increments of one-half hour. 2) Department Managers or their designee shall approve vacation requests from their respective staff members with due consideration for the desires of the entire staff and for the work requirements of the department or field office. Vacation schedules may be altered to allow the department or field office to meet emergency or unanticipated situations. 3) An employee who has a minimum of 120 hours vacation leave balance on either June 1 or December 1 of each year may elect to cash out up to forty (40) hours of such leave twice per year, in either June orand December. Such requests must be received in writing by June 15 or December 15 of each calendar year and shall be paid to the employee on or before June 30th or December 30th. 4) Upon termination, an employee shall be paid at his/her current hourly rate of pay for any vacation accrued but not used. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 34 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 35 SS e c ti on 7.5 S i c k L e a ve A. Ac c ru a l All regular full -time District employees shall earn sick leave at a rate of 0.04615 hours per paid hour for a total of 12 days per year.calendar year. A calendar year is defined as the District’s payroll calendar year (January – December). Sick leave shall accrue from the date of employment and may be accumulated on an unlimited basis. This Section 7.5 is intended to comply with the California Paid Sick Leave Law and Labor Code section 233 (“Kin Care”). B . U s a g e 1)Sick leave is leave from duty which may be granted by the District to an employee because of his or her own illness or injury, or for the reasons specified below. Employees are eligible to use sick leave for the following reasons: a) Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee. a)b)Personal illness or physical disability. b)c)Quarantine by a physician. c)d)Health care appointments including medical, dental, vision or Employee Assistance Program. d)e)IllnessDiagnosis, care, or disabilitytreatment of an existing health condition of, or preventative care for, an employee’s immediate family member or domestic partner requiring the employee to be unavailable for work, subject to subsection 5 below. f) Being a victim of domestic violence, sexual assault, or stalking. e)g)Worker's Compensation. h) For any other reason the law may permit. 2) Sick leave shall be taken in minimum increments of one half hour. 3) Any employee who is unable to report to work because of any of the reasons noted above shall report the reason for absence to his/her supervisor byas soon as reasonably possible, and no later than the designated starting time each day he/she is unable to report to work unless physically unable to do so. In the event the employee is physically unable to report the absence prior to the employee’s start time, the employee should report the absence to the supervisor as soon as reasonably possible. Sick leave with pay may not be authorized for compensation unless such a report is made. For a prolonged illness, special arrangements regarding notifying a supervisor may be made. 4) Upon resignation, separation from service, or retirement from District employment, employees in good standing with ten (10) or more years of District employment will receive a cash payment of the equivalent cash value of accrued sick leave as follows: Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 36 Years of Employment Percentage of Equivalent Cash Value of Accrued Sick Leave 10 – 15 20% 16 – 20 25% 21 or more 30% An employee hired before August 9, 2006 who retires from the District shall receive a cash payment of the percentage of equivalent cash value of accrued sick leave based on years of employment as described above, and apply the remainder of the equivalent cash value toward his/her cost of retiree medical plan premiums and/or other qualified medical expenses. Upon retirement, the amount qualified and designated for retiree medical costs shall be deposited in the Retiree Health Savings (RHS) plan, set up by the District. The cost for maintaining the retiree’s RHS account and the annual fee for the reimbursement process of qualified medical expenses will be paid for by the retiree. An employee hired on or after August 9, 2006 who retires from the District may elect to receive only a cash payment of the percentage of equivalent cash value of accrued sick leave based on years of employment as described above. In all cases the equivalent cash value of accrued sick leave will be based on current rate of pay as of the date of separation from District employment. 5) 5) An employee may use up to 7280 hours per calendar year to care for a memberthe diagnosis, care, or treatment of his/heran existing health condition of, or preventative care for, an employee’s immediate family member. An employee’s immediate family member shall consist of the employee’s: x Spouse or his/herregistered domestic partner, requiring the employee to be unavailable for work. Immediate family is defined as an employee's x Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the child stands in loco parentis) x Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, child, parent, sibling, grandparent, mother/father-in-law, and any relative of the or a person who stood in loco parentis when the employee living in the employee's household. For purposes of sick leave the domestic partner of an employee is defined as provided in California Family Code Section 297, as may be amended from time to time.was a minor child) x Grandparent x Grandchild, or Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 37 x Sibling 6) If an employee is ill on a designated paid holiday, the holiday shall be charged as holiday time and shall not be charged against sick leave. 7) An employee who is injured or becomes ill while on pre-approved vacation leave may petition submit a request in writing to the Administration and head of Human Resources Manager to be paid for to modify the approved leave from vacation to sick leave in lieu of vacation provided that the employee: a) was hospitalized during meets the periodrequirements for whichusage of sick leave is claimed and can provide documentation for such hospitalization; or b) received medical treatment or diagnosisunder this section, and presents a supporting statement indicating illness or disabilitythe employee’s need for sick leave signed by a physicianhealth care provider covering the period for which sick leave is claimed. 8) An employee absent on paid sick leave five (5) days or more may be required to submit to the appropriate supervisor verification from a physician or licensed practitionerhealth care provider of his/her illness or injury and ability to return to work. An employee absent on paid sick leave five (5) days or more in order to care for an immediate family member or domestic partner as defined in this section will be required to submit (to the appropriate supervisor), verification from a physician or licensed practitionerhealth care provider of the family member's or domestic partner's illness or injury and the inability of that person to care for his/her needs independently. 9) If an employee uses all of his or her accrued sick leave, the employee may request his or her accrued vacation leave be deducted for each day absent due to illness or injury. In the absence of accrued vacation time, the The employee may request a disability leave of absence in accordancealso consult with Human Resources to determine whether he or she is eligible for Family and Medical Leave (see Appendix B), disability leave, or an advance of sick leave in accordance with subsection 10 below. In the absence of such leave being granted, the absence will be charged to other accrued leave. 10) If an employee has exhausted or will exhaust his or her accrued sick leave, up to 10 days of sick leave may be advanced to an employee by the General Manager or designee on a case-by-case basis to cover the employee's absence. The employee must submit the request must be made in writing to the General Managerhis/her supervisor in advance of the absence for which the sick leave is requested. The General Manager or designee may request supporting statements from the employee's health care provider. Upon termination, the employee must reimburse the District for any advanced sick leave not covered by subsequent leave accrual. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 38 SS e c ti on 7.6 B e re a ve m e n t L e a ve A leave of absence with pay not to exceed three consecutive working days will be granted a regular District employee in the event of the death of a member of the employee's immediate family. The Administration andhead of Human Resources Manager may allow the use of accrued sick leave for up to two days to supplement the three days of bereavement leave when travel to distant locations or other circumstances require the employee's absence in excess of three days. For purposes of bereavement leave, "immediate family" shall mean the employee’s spouse or domestic partner (as defined in the Sick Leave section)), parents, grandparents, step-parents, mother or father-in-law, grandmother or grandfather-in-law, children, step children, grandchildren, son or daughter-in-law, brother or sister, brother or sister-in-law, aunt or uncle of the employee or spouse/domestic partner, or any relative living in the immediate household of the employee. S e c ti on 7.7 Wi tn e s s /J u ry Du ty A leave of absence with pay will be granted a regular District employee subpoenaed as a witness in a matter related to an event or transaction involving the employee which occurred in the course of his/her duties or called for jury duty as long as any compensation the employee receives for such duty, except for meal and mileage reimbursements, is waived or signed over to the District. Regularly scheduled work time lost because of such duty shall not affect the employee's accrual of vacation, sick, or personal holiday time. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 39 SS e c ti on 7.8 M i l i ta ry L e a ve A. R e -E m p l oy m e n t R i g h ts of E m p l oy e e s R e tu rn i n g from M i l i ta ry Se rvi c e Employees returning from military leave may be reinstated provided that: 1) The employee was a regular District employee prior to taking military leave; 2) The employee gave advance written or verbal notice to the District of the leave; 3) The cumulative length of absence and of all previous absences of employment with the District because of military service does not exceed 5 years; 4) Reinstatement would not pose an undue hardship on the District; 5) The returning employee must report back to work in accordance with the provisions of the United States Employee and Employment Rights Act (USEERA): a) Employees returning from military leave of less than 31 days must report for employment no later than the beginning of the first full regularly scheduled work period on the first full calendar day following completion of service; b) Employees returning from leave of more than 30 days but less than 181 days must report for employment no later than 14 days after completion of service; c) Employees returning from leave of more than 180 days must seek reinstatement within 90 days after completion of service. B . Employees taking leave for military service for active duty or training may be entitled to pay as described by the Military and Veteran’s Code sections 395.02 and 395.05. S e c ti on 7.9 L e a ve of Ab s e n c e A. F a m i ly M e d i c a l L e a ve Ac t (F M L A)/C a l i forn i a F a m i l y R i g h ts Ac t (C F R A) P re g n a n c y Di s a b i l i ty L e a ve (P DL )/C a ta s trop h i c L e a ve P rog ra m Please see Appendix B for information regarding Leave of Absence under FMLA and/or CFRA; or information regarding Pregnancy Disability Leave (PDL) see Appendix D; and for information regarding the Catastrophic Leave Program see Appendix A. B . Ge n e ra l U n p a i d L e a ve 1) A leave of absence without pay and benefits for a period of at least six days but not to exceed four (4) months may be granted a regular District employee who has been in the service of the District for at least one year and who has no more than two weeks of vacation accrued at the time of the commencement of the leave, provided such a leave can be scheduled without adversely affecting the operations of the District. Request for such a leave shall be directed in writing to the General Manager and shall contain justification for the leave. 2) A short-term leave of absence without pay for up to five (5) days per fiscal year may be granted a regular District employee who has successfully completed the probationary period and who has no more than two weeks of vacation accrued at the time of the commencement of the leave, provided such a leave can be scheduled without adversely affecting the operations of the District. Requests for such a leave Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 40 shall be approved by the employee's department manager. 3) If the approved leave of absence is more than five (5) working days but less than four (4)weeks, the employee will be required to reimburse the District for the pro-rata share of the employee's benefit costs. If the approved leave of absence exceeds four (4)weeks, the employee may, to the extent available under the applicable plan, elect to continue health, dental, life insurance, and other insurance benefits, in which case premiums for such extended coverage shall be paid fully by the employee. 4) Adjustment of Anniversary Date/Vacation Accrual: If an employee is on leave of absence without pay in excess of twenty working days, the employee's anniversary date for purposes of evaluation, pay increases and vacation accrual shall be extended by the number of days included in the period of leave without pay. SS e c ti on 7.10 T i m e Off T o Vote If an employee does not have sufficient time outside of working hours to vote in a statewide election, he/she may, without loss of pay, take off up to two hours of working time to vote. SuchUnless otherwise approved in advance by the employee’s supervisor, such time must be at the beginning or the end of the regular working shift, whichever allows the most free time for voting and the least time off from working, unless otherwise mutually agreed.. Employees must notify the District at least two working days in advance to arrange a voting time. In addition, an employee may serve as an election official on Election Day by taking unpaid time off or usingutilizing, unused accrued paidvacation leave time. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 41 PP OL I C Y 8 E M P L OYE E C ON DU C T AN D DI SC I P L I N E S e c ti on 8.1 P u rp os e /P roc e d u re Discipline is action taken by the District designed to modify and improve employee conduct or performance, except in the case of termination. The objective of the disciplinary program includes educating employees about the type of conduct or performance expected of them, providing appropriate and equitable consequences for inappropriate or below standard conduct or performance and providing a record of corrective action taken by the District. Whenever appropriate, District Supervisors will utilize counseling and coaching of an employee to improve conduct or performance prior to disciplinary action. The District has discretion to select a disciplinary penalty, in light of the severity of the offense, and/or the number, frequency and length of time since the previous acts of misconduct. or performance deficiencies. S e c ti on 8.2 C on d u c t S u b j e c t to Di s c i p l i n e Disciplinary action, up to and including termination, may be imposed for behavior including, but not limited to, the following: 1) Fraud or deception in securing employment or promotion, including, but not limited to, giving false or misleading information on an application form, application supplement, or interview; 2) Violating safety rules or practices, conducting one’s self in an unsafe manner, or failure to report unsafe situations or creating unsanitary conditions; 3) Damaging District property through negligence or misconduct and/or failure to report damage; 4) Misuse of District work time, or theft or misuse of District property, funds or equipment, including use for personal purposes; 5) Rude, discourteous offensive or abusive treatment of others, including the public, failure to maintain cooperative and effective working relationships with others, disrupting the work of others, or threats of any kind; 6) Incompetence, inefficiency, inattention or negligence in the performance of duties; 7) Below standard work performance or failure to maintain the minimum qualifications for the position, including any required licenses; 8) Misusing or failing to use delegated authority in the performance of duties and/or unauthorized use of District badges, identification or uniforms; 9) Maintaining personal appearance in a manner not appropriate for the job or job safety, or in a manner which discredits the District; Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 42 10) Abuse or misuse of leave or un-excused, unauthorized, excessive or patterned absenteeism, failure to comply with absence or leave reporting procedures, or leaving duty or assigned work location without proper approval or appropriate reason; 11) Failure to keep required work hours, including tardiness in reporting to work or returning from meal or rest breaks or to meetings or other assignments; 12) Conduct unbecoming an employee of the District either on or off duty, where such behavior discredits the District; 13) Violation of District and/or department rules, regulations, procedures and policies or ordinances; 14) Failure to exercise good judgment in the performance of one’s job; 15) Unauthorized access, possession, destruction, and/or duplication of District records, including the unauthorized release of confidential records; 16) Insubordination (failure or refusal to follow directions); 17) Dishonesty, fraud or deception including falsification of District records or documents; 18) Any conviction by a court which would be incompatible with the work performed for the District, including an offense committed off duty. SS e c ti on 8.3 F i rs t L e ve l Di s c i p l i n e First Level discipline shall be administered by the Supervisor under the direction of the Department Manager or Area Superintendent. First Level discipline is not subject to the notification or appeal process described in this policy. Failure on the part of the employee to show sufficient improvement at each step of the disciplinary process could result in further disciplinary action, up to and including termination. First Level discipline consists of the following: 1)Ora l Wa rn i n g is an oral notice advising the employee that his/her behavior or performance must be improved and that the notice is an Oral Warning under the discipline policy. The supervisor will record the date and content of the oral warning. 2)Wa rn i n g N oti c e is a written warning to the employee describing the employee’s behavior or performance which must be improved, and shall be retained in the employee’s personnel file. Upon written request of the employee, the warning notice will be purged from the employee’s file after one (1) year, if the employee shows consistent improved behavior as determined by the employee’s Supervisor, and acknowledged by the Department Manager or Area Superintendent. 3)Wri tte n R e p ri m a n d is a written notice to the employee to immediately correct or improve behavior or performance. Whenever appropriate, the Written Reprimand will Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 43 include a written Plan-for-Improvement. The written reprimand becomes a permanent part of the employee’s personnel file. SS e c ti on 8.4 S e c on d L e ve l Di s c i p l i n e Second Level discipline may be recommended by the Supervisor or Department Manager. If a Supervisor recommends Second Level Discipline, it must be approved by the Department Manager. The Administration andhead of Human Resources Manager or designee will approve and administer Second Level Discipline. Second Level discipline becomes a permanent part of the employee’s personnel file. Second Level discipline is subject to Notice to Employees in Section 8.5. An employee receiving a Second Level discipline may also utilize the Appeal Process set out in Section 8.6. Second level discipline consists of the following: 1) S u s p e n s i on Wi th ou t P a y a n d B e n e fi ts is the temporary removal of an employee from the employee’s duties without pay and without benefits. Failure on the part of the employee to show immediate and sufficient improvement upon return to duty could result in further disciplinary action, up to and including termination. An Unless expressly approved by the General Manager, an employee suspended without pay and benefits cannot use vacation, personal, administrative, sick or CTO time during the suspension period. 2) De m oti on /R e d u c ti on i n P a y S te p is the temporary reduction in the classification and/or pay of an employee for a specified period of time and a specified amount of pay. Demotion can also be a reduction in pay step of the employee for a specified period of time and specified amount of pay. 3) T e rm i n a ti on of employment. S e c ti on 8.5 N oti c e to E m p l oy e e s of S e c on d L e ve l Di s c i p l i n a ry Ac ti on Prior to imposing a Second Level disciplinary action, the District shall provide a written Notice of Proposed Disciplinary Action informing the employee of his/her right to a pre- disciplinary hearing. A. T h e N oti c e of P rop os e d Di s c i p l i n a ry Ac ti on shall include: 1) A description of the discipline proposed; 2) A statement of the reasons for which the action has been proposed and the policies, procedures or rules that are alleged to have been violated; and, if applicable, a list of any previous disciplinary actions, counseling, evaluations or other relevant actions which support the proposed discipline; 3) Copies of any documents the District relied upon in reaching a decision to propose the discipline action; 4) A statement advising the employee that he/she may make a written request for pre- disciplinary meeting regarding the proposed disciplinary action, before it takes effect; Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 44 5) The name of the person to whom the request is to be made, and the last date upon which a request may be made, which shall be no less than seven (7) days from the delivery of the Notice of Proposed Disciplinary Action to the employee. BB . R e s p on s e to N oti c e of P rop os e d Di s c i p l i n a ry Ac ti on Failure by the employee to respond to the Notice of Proposed Disciplinary Action within the period allowed (See A. 5 above) shall result in disciplinary action taking effect as proposed. In lieu of a pre-disciplinary meeting, the employee can submit a written statement in response to the Notice of Proposed Disciplinary Action within the time period allowed in the Notice. C . P re -d i s c i p l i n a ry M e e ti n g Provided the employee makes a timely request, the Assistant General Manager, CFO/Director of Administrative Services, or Administration andhead of Human Resources Manager will hold a pre-disciplinary meeting. The purpose of the meeting is to allow the employee to respond to the Notice of Proposed Disciplinary Action, and to present any relevant information or mitigating circumstances. The employee may have a representative present. The Assistant General Manager, CFO/Director of Administrative Services, or head of Human Resources Manager may affirm, revoke or modify the proposed disciplinary action upon any of the following: 1) After considering the employee’s response at the pre-disciplinary meeting, or 2) After considering a timely pre-disciplinary written response, or 3) After expiration of the employee’s time to respond to the Notice of Proposed Disciplinary Action without receipt of a timely response. A decision to affirm or modify the proposed discipline will be reflected in a subsequent written Notice of Disciplinary Action. The Notice of Disciplinary Action will notify the employee of his or her right to appeal the discipline under the provision of Section 8.6 if the Assistant General Manager’s decision isManager or CFO/Director of Administrative Services decides to impose second level disciplinary action, or if the employee is entitled to appeal the discipline under Section 8.9. S e c ti on 8.6 P os t Di s c i p l i n e Ap p e a l P roc e s s Any regular non-probationary and non at-will employee shall have the right to appeal any Second Level disciplinary action. The following shall apply: 1) A Request for Appeal shall be made in writing, signed by the employee and filed with the Administration and head of Human Resources Manager within ten (10) business days of the Notice of Disciplinary Action. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 45 2) Upon receiving a timely Request for Appeal, the Administration andhead of Human Resources Manager shall arrange for an appeal hearing with the General Manager and shall notify the employee of the date and time of the hearing. The General Manager may appoint a Hearing Officer to hear the appeal and to recommend a decision to the General Manager. 3) The employee shall appear personally before the General Manager or Hearing Officer and may be represented by a representative or counsel of his/her choice. In the event that the employee fails to personally appear, without satisfactory proof of a good cause, the appeal shall be deemed waived. 4) All parties and witnesses to be heard at the hearing shall be sworn and shall testify under oath. The hearing shall be recorded. The District Clerk has the authority to issue subpoenas in the name of the District. Each party is responsible for serving its own subpoenas. All parties have the right to: introduce evidence; present witnesses; cross- examine opposing witnesses; impeach any witness; rebut evidence against him or her; and to be represented by counsel at their own expense. 5) The hearing shall not be conducted according to formal rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be admitted, but it may not be the sole basis upon which a finding is made. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon the request of either party. The District has the burden of proof of the misconductbasis, by a preponderance of the evidence, for the disciplinary action. The hearing will be closed to the public unless the employee requests it to be open. 6) Upon conclusion of a hearing and completion of the administrative record, the General Manager shall prepare his/her decision in writing within forty-five (45) working days. 7) In the event a Hearing Officer was used, the following steps shall apply: a) The Hearing officer shall prepare his/her advisory findings and recommendations to the General Manager within forty-five (45) working days following the conclusion of the hearing and completion of the administrative record. b) The General Manager shall review the Hearing Officer’s advisory findings and recommendation(s), the evidence and transcripts of the hearing, and the briefs of the parties, if any. The General Manager shall then prepare his/her decision on the appeal within forty-five (45) working days following receipt of the Hearing Officer’s written recommendation. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 46 c) The General Manager may accept, reject or modify the Hearing Officer’s recommendation(s) and shall include the reasons for rejection or modification, if applicable. The employee is entitled to a copy of the Hearing Officer’s Recommendations. d) The decision of the General Manager is final and binding. The General Manager shall send his or her written decision, along with a proof of service of mailing, to each of the parties and the parties’ representatives. Pursuant to Civil Code Section 1094.6 the parties have 90 days from the date of proof of service of mailing of the written decision to appeal the decision to the Santa Clara County Superior Court. SS e c ti on 8.7 Wa i ve r of T i m e L i m i ts or Oth e r P rovi s i on s of t h e Ap p e a l P roc e s s Understanding that extenuating circumstances can occur for either party, any time limits or procedures specified in this Policy 8 may be waived upon mutual written consent of the District and the employee. S e c ti on 8.8 N o I n te rru p ti on of Work Reasonable District work time shall be provided the employee to meet with his/her representative. The employee shall give his/her Supervisor reasonable prior notice of the date and estimated time needed. The Supervisor shall document such requests and the actual time taken. S e c ti on 8.9 P e a c e Offi c e r B i l l of R i g h ts The Appeal Process set out in Section 8.6 shall constitute the administrative appeal required by Section 3304(b) of the Public Safety Officers Procedural Bill of Rights (POBR). An employee who is the subject of punitive action that entitles him or her to an administrative appeal under POBR may appeal such action by use of the process set out in Section 8.6. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 47 PP OL I C Y 9 GR I E VAN C E P R OC E DU R E A. The General Manager, after appropriate actions described below, shall promptly consider employee grievances relating to employment conditions and take action, which he or she deems appropriate. This process excludes disciplinary appeals which are governed by Policy 8 above. However, informal resolution of all grievances between the employee or employees and immediate supervisor(s) is encouraged. This policy and procedure applies to unrepresented employees only. B . The following steps shall be followed in submitting and processing a grievance, which has not been informally resolved: Step 1. If the aggrieved employee or group of employees is not satisfied with their immediate supervisor's reply to their oral grievance, they shall present their oral grievance to each supervisory level in their work unit, including the Department Manager if necessary. At each step up to and including the Department Manager, replies shall be given the aggrieved employee(s) within five (5) working days of the grievance's presentation date. Step 2. If the oral grievance is not settled in Step 1, it shall be put in writing, dated, and signed by the aggrieved employee or group of employees and presented to the Administration andhead of Human Resources Manager within five (5) working days after the Department Manager's oral reply was given, not including the day on which the answer was given. The Administration andhead of Human Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 48 Resources Manager shall reply in writing to the grievance within five (5) working days of the date of the presentation of the written grievances, not including the day of its presentation. The Administration and Human Resources Manager may consult with intermediate supervisors as necessary during the grievance procedure. Step 3. If the written grievance is not settled in Step 2, it shall be put in writing, dated and signed by the aggrieved employee or group of employees and presented to the General Manager within five (5) working days after the Administration andhead of Human Resources Manager'sResources' written reply was issued, not including the day on which the answer was given. The General Manager shall reply in writing to the grievance within five (5) working days of the date of presentation of the written grievance, not including the day it was presented. The General Manager may conduct whatever research and/or hearings he or she deems necessary or be required by other applicable law before rendering a decision. If such a hearing is called, it shall be conducted with a recording or written summary of the proceeding. CC . The decision of the General Manager shall be final and binding on the employee or the group of employees. D. Any grievance not taken to the next step within five (5) working days after receipt of a decision in the previous step shall constitute an action of acceptance, and the grievance shall be considered settled. E . The time limits prescribed in this section for the initiation and completion of the steps of the grievance procedure may be extended by mutual consent of the parties involved. Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing, and shall be signed by all parties involved. F . Employees are free to use this Grievance Procedure without fear of retaliation. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 49 AAP P E N DI X A C AT AS T R OP H I C L E AVE P R OGR AM S e c ti on A. 1 P u rp os e The Catastrophic Leave Program is a voluntary plan designed to assist District employees (called receiving employees) who have exhausted paid time credits due to a serious, catastrophic or debilitating illness, injury or condition of the employee or of a member of the employee's immediate family (as defined in Section 6.4 B 5.)the Policies and Procedures). This program allows other District employees (called donating employees) to make grants of time to the receiving employeea bank maintained by Human Resources so that he/shequalified employees can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness, injury or condition. The donated grants of time to the receiving employee donated are then converted to sick leave for use by qualified employees. S e c ti on A. 2 C on d i ti on s for R e c e i vi n g E m p l oy e e s There are four criteria for eligibility as a receiving employee. The receiving employee must: 1. Be a regular full- or part-time District employee; 2. Exhaust all available paid leave time, including sick leave* 1, vacation, personal leave, holiday or holiday bank time, and compensatory time off; 3. Have a sustained, serious or debilitating illness, injury or condition which mustmay need to be verified by a doctor's report, or have a member of theirthe immediate family with a sustained, serious or debilitating injury, illness or condition which requires the employee's absence from work to care for the family member; 4. Be prevented from returning to work for at least thirty (30) days and have applied for a disability or family care leave of absence without pay. S e c ti on A. 3 Ap p l i c a ti on P roc e s s To apply to be a receiving employee under the Catastrophic Leave Program, an employee must completecompletes an Application for Catastrophic Leave. The application is submitted to the Administration and Human Resources department for approval. An employee willmay be requiredasked to submit supporting medical documentation (i.e., a statement from his/her doctor) with the application. Approval or rejection for participation must be made by the Administration and Human Resources Manager within two (2) weeks after the completed application is submitted. An employee willmay be requiredasked to verify his/her status for continuing eligibility for the program. *1 In the event the General Manager has refused to extend the eighty (80) hour limit on sick leave usage for care of a family member, such refusal shall render this criterion fulfilled, even if the Receiving Employee retains sick leave on the books. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 50 1. If an employee's application is approved, the Administration and Human Resources Manager will contact the employee or his/her family members to determine the degree to which the employee's or family member's catastrophic illness, injury or condition is to be disclosed for the purposes of soliciting donations. The Human Resources department willperiodically distribute a Donation of Accrued Time Credits form to all full-time and part-time District employees so they can specify donations they wish to make to the receiving employeebank. Benefits available to a receiving employee participating in the program will be treated as though the additional sick leave credited to him/her belongs to him/her. For as long as a receiving employee remains in a paid status, seniority, sick leave and vacation accrual and all benefits will continue as though the sick leave were his/hers. The total credits received by the employee shall not exceed the amount of time the employee is required to be absent from work because of his/her medical condition plus up to a maximum of eighty (80) hours of sick leave balance upon return to full time/non-intermittent status. Catastrophic leaveand shall normally not exceed three (3) months. However; however, if approved by the General Manager, the total leave credits received may be up to a maximum of six (6) months. 2. Receiving employees using Catastrophic leave will be required to integrate any other source of benefit income in order not to exceed a regular paycheck. SS e c ti on A. 43 C on d i ti on s for Don a ti n g E m p l oy e e s Donations must be made to a specific person on a “Donation of Accrued Time Credits”the bank on a form signed by the donating employee and submitted to the Human Resources department for processing. All donation information will be considered confidential. A donating employee can, if he/she chooses, inform the receiving employee of the donation madeSupervisor. The District will not identify donors. Employees may donate the following types of accrued time credits: Vacation time Personal/Administrative paid leave time Holiday bank time Compensatory time off (hourlynon-exempt employees) Sick leave -- one hour of accrued sick leave may be donated for every two (2) hours of other types of accrued leave time Donations must be made in one-hour increments. The Administration and Human Resources ManagerSupervisor may utilize appropriate and reasonable mechanisms in administering the donations to ensureassure that: Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 51 1.The employee receiving donations does not receive an excessive amount beyond his/her need; 2.Employees donating leave have a minimum of eighty (80) hourssufficient sick leave time remaining;. a. Upon the receiving employee’s return to full-time, non-intermittent status, the employee shall not have more than eighty (80) hours sick leave balance. These objectives shall be accomplished by holding the sick leave donations in a temporary account until the total need is finally determined, and requiring that aany donating employee has a minimum of eighty (80forty (40) hours of sick leave balance after the donation is made. The donations will be converted to sick leave time and credited to the receiving employee's sick leave time balance on an hour-for-hour basis. Receiving employeesThe pay the receiving employee receives will be paid at his/her own rate of pay. Donations, once credited to the bank, are forfeited forever by the donating employee. In order to donate, an employee must submit a Donation of Accrued Time Credits form to Human Resources for processing. The District does not assume any tax liability for donated or received leave, and employees should confer with their own tax advisors for the tax implications for either donating or receiving employee are irrevocableleave under this provision. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 52 AAP P E N DI X B F AM I L Y AN D M E DI C AL L E AVE The District will authorize a leave of absence for eligible employees as Family and Medical Leave as required by the Federal Family and Medical Leave Act of 1993 (“FMLA”) and/or the California Family Rights Act (“CFRA”). The following provisions set forth certain rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the FMLA, and the California regulations implementing the CFRA. Unless otherwise provided by this policy, leave under this policy shall mean leave pursuant to the FMLA and CFRA. S e c ti on B . 1 E l i g i b i l i ty re q u i re m e n ts An employee is eligible for Family/ and Medical Leave under this policy if the employee: a) Has been employed by the District for at least twelve (12) months; and b)b)Has actually worked for at least 1,250 hours during the twelve- (12-) month period immediately preceding the beginning of the leave. c) “12-month period” means a rolling twelve- (12) month period measured backward from the date leave is taken and continuous with each additional leave day taken. S e c ti on B . 2 R e a s on s for L e a ve Family/ and Medical Leave is permitted for the following reasons: a) The birth of a child or to care for a newborn of an employee; b) The placement of a child with an employee in connection with the adoption or foster care of a child; c) Leave to care for a child, parent, domestic partner or a spouse who has a serious health condition; d) Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position; e) Leave for a “qualifying exigency” arising out of the fact that an employee’s spouse, son, daughter, or parent is on covered active duty or call to active duty status in(under the National Guard or Reserves in support of a contingency operation ;FMLA only, not the CFRA); or f) Leave (military caregiver leave) to care for a spouse, son, daughter, parent, or “next of kin” covered service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty or which existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces (this leave can run up to twenty-six (26) weeks or Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 53 unpaid leave during a single twelve- (12) month period) (under the FMLA only, not the CFRA). Single twelve- (12) month period means a twelve- (12) month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends twelve (12) months after that date. Family/ and Medical leave under CFRA is not available for leave for medicalserious health conditions due to pregnancy or childbirth, qualifying exigency or for military care giving.. Instead, California identifies a separate leave for this purpose is available foras pregnancy disability leave. See the District’s Pregnancy Disability Leave policy (Appendix D) for more information or contact Human Resources. SS e c ti on B . 3 Du ra ti on of L e a ve An eligible employee is entitled to Family/ and Medical Leave of: a) as follows: Up to sixteen (16 weeks) workweeks of leave (or up to twenty-six [26] workweeks to care for a covered service member) during aany twelve- (12) month period for the employee’s own serious health condition, the birth/adoption or foster care placement of child or care of family member. The twelve-month period is measured forward from the first date the employee takes Family/Medical leave.. This leave may be taken intermittently or as a reduced schedule, only with documentation of medical necessity for such leave. b) The General Manager, upon Upon the employee’s written request, and on a case-by-case basis, the General Manager may grant an extension of up to an additional eight (8) months for an employee’s own medicalserious health condition. c)For birth, adoption or foster care placement bonding leave, leave must be concluded within one year of the birth or placement of the child. In addition, the minimum duration of leave is two (2) weeks. However, an employee is entitled to leave offor at least one day, but less than two weeks(2) weeks’ duration, on any two (2) occasions in the first year after birth or adoption, or foster care placement. d) Up to 26 weeks of leave during a twelve-month period to care for a covered service member. Where FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. The twelve-month period is measured forward from the first date employee takes the leave. x S e c ti on B . 4 S p ou s e s B oth E m p l oy e d b y Di s tri c t a) In any case in which a husband and wife both spouses are employed by the District are entitled toand qualify for leave, the aggregate number of workweeks of leave to which both may be entitledshared between spouses may be limited to 12sixteen (16) workweeks during any twelve- (12-) month period if leave is taken for the birth or placement for adoption or foster care of the employees’ child (i.e., bonding leave). b) In any case in which a husband and wife both employed by spouses work for the District are entitled toand qualify for leave, the aggregate number of workweeks of leave Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 54 to which both may be entitled may be limited to twenty-six (26) workweeks during any twelve- (12-) month period if leave is taken to care for a covered service member. Except as noted above, these limitations do not apply to any other type of leave under this policy. SS e c ti on B . 5 R e q u e s t for L e a ve /R e q u i re d Doc u m e n ta ti on An eligible employee requesting such leave is re q u i re d to: a) Make the request in writing to the General Manager a minimum of 30 (thirty) days prior to a foreseeable need for leave, or as soon as possible for unforeseeable needs for leave. b) Supply supporting documentation from the attending health care provider to certify the need for leave before the requested leave date, or within 15 (fifteen) days after the request if it was not possible to provide certification earlier. c)AllObtain all necessary certification forms needed are availableor related documentation through Human Resources. d)If the District has reason to doubt the validity of a certification, the District may require a medical opinion of a second health care provider chosen and paid for by the District. If the second opinion is different from the first, the District may require the opinion of a third provider jointly approved by the District and the employee, but paid for by the District. The opinion of the third provider will be binding. An employee may request a copy of the health care provider’s opinions when there is a second or third medical opinion sought. S e c ti on B . 6 P a y a n d B e n e fi ts Wh i l e on F a m i l y / a n d M e d i c a l L e a ve 1.Family/ and Medical leave is generally unpaid, however,. However, the District requires an employee mayto use accrued sick leave as if: a) The leave is for the employee’s own serious health condition; or b) The leave is for the employee to take care of the employee’s spouse, domestic partner, child, or parent who has a serious health condition, but in such circumstance, the amount of paid sick leave substituted for unpaid leave will be subject to the limitations set forth in Section 7.5 for Sick Leave and may run concurrently with any sick leave entitlements under Labor Code section 233 and/or the California Paid Sick Leave law (Labor Code section 245, et. seq.); or c) The leave is for another reason mutually agreed upon between the District and the employee. 2. District’s Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 55 Employees must exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave, with two exceptions: 1. Employees will be allowed under the sick leave usage policies, and must use all but to maintain up to 40 (forty (40) hours of unused, accrued paid leave time during the periodwhile the employee is on family and medical leave. For purposes of this Policy, “paid 2. Employees will only be required to use sick leave time” shall meanconcurrently with FMLA/CFRA leave if the leave is for the employee’s own serious health condition or another reason mutually agreed upon between the District and the employee, as indicated above in subsection (a). An employee receiving supplemental paid benefits (such as State Disability Insurance or Paid Family Leave benefits) while on FMLA/CFRA leave is not on “unpaid leave.” Therefore an employee may, but is not required to, integrate any accrued leave, e.g. sick or vacation leave with supplemental paid benefits. The District and employee may mutually agree to coordinate such benefits with any available and applicable accrued leave up to the amount of compensation the employee would have received otherwise if working. 3. Accrual of Benefits: When an employee uses paid accrued leave hours (e.g. vacation, sick, holiday bank, personal, or administrative leave. a)a) When an employee is in paid leave status,), benefit hours (sick, vacation, etc.) will continue to accrue at the same rate that applies during paid work time. These benefitif the employee was working those hours. Benefit hours will not accrue when an employee beginsis in unpaid leavestatus. x b)b) An employee will continue to be covered by the District’s group health insurance plan (medical, dental, vision, life and long-term disability) to the same extent that coverage is provided as if working, for a period of up to twelve (12) weeks, unless for military caregiver leave, then up to twenty-six (26) weeks, during the 12-month period. In no case, is an employee entitled to more than twelve (12) weeks of health insurance benefit continuation within a 12-month period inclusive of all family/disability or pregnancy leave except when the employee pays for COBRA continuation coverage. The 12 week limitation for health insurance benefit continuation within a 12-month period does not apply to military caregiver leave. For military caregiver leave, in no case, is an employee entitled to more than twenty-six (26) weeks of health insurance benefit continuation within a 12-month period.twelve- (12) month period. x c) c) If the employee is disabled by pregnancy, the District’s group health insurance coverage will continue for up to four (4) months, or 17-1/3 weeks, per pregnancy. In the event an employee is disabled by pregnancy and also uses leave extends beyondunder the CFRA, the District will maintain the employee’s health benefits while Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 56 the employee is disabled by pregnancy (up to four [4] months, or 17-1/3 weeks) and during the employee’s CFRA leave (up to an additional twelve ([12) weeks, ] weeks) per pregnancy. The District will cease making paycheck deductions for non-health benefit plans [i.e., life insurance, ADD, and LTD] at the end of 17-1/3 weeks. Employees may make the appropriate contributions for continued coverage under non-health benefit plans by making payments to the District. c)d)Where an employee continues on approved family and medical leave past twelve (12) weeks (or twenty-six ([26)] weeks for military caregiver leave,), and is not otherwise eligible for Pregnancy Disability Leave or CFRA leave (if applicable), an employee can continue such health insurance benefits for the duration of the leave by paying the full premiums of these benefits. Extensions of coverage will be subject to any restrictions in the applicable benefit policy or plan. d)e)d) If an employee is unable to return after exhausting his or her leave entitlement, the employee can continue such benefits by paying for COBRA continuation coverage. x e)f)e) If an employee does not return to work or returns to work for less than thirty (30) days after the expiration of his or her leave entitlement, the District will have the right to recover its share of health plan premiums paid on behalf of the employee while in unpaid status unless the failure to return to work is because of the continuation, recurrence, or onset of a serious health condition of the employee/family member as defined in this Appendix. In the event of an extenuating circumstance beyond the employee’s control, (as defined by FMLA and CFRA, including retirement within thirty (30) days of returning to work), the right to recover the health plan premiums does not apply. f)g)f) If an employee is on leave of absence without pay in excess of two (2) complete pay periods, his/her anniversary date for purposes of probationary time, evaluation, pay increases and vacation/sick/personal/administration time accrual shall be extended by the number of days included in the period of leave without pay. Also, if an employee is on leave of absence with pay, for the purposes of probationary time and related evaluation periods and pay, such probationary time will be extended by the number of days included in the period of leave. x g)h)g) State Disability Insurance (SDI)): An employee who applies and qualifies for SDI may receive benefits based upon wages paid during a specific twelve- (12-) month base period, determined by the date an SDI claim begins. This benefit is for non-work related disabilities and can be coordinated with an employee’s paid leave time. The first seven days are considered a “waiting period” and no benefits are paidSDI benefits are paid until after the employee has been absent from work for seven (7) calendar days. If employee has accrued paid sick leave, employee may use sick leave for the first seven days, before SDI payments begin. If employee has no accrued sick leave, employee may elect, but is not required, to use any accrued vacation (or other accrued leave) during this waiting period. x h)i)h) Paid Family Leave (PFL)): An employee may contact the Employment Development Department (EDD) to apply for PFL benefits within the SDI program Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 57 for the care of parents, seriously ill children, parents, parents-in-law, grandparents, grandchildren, sibling, spouse and, or domestic partner or to bond with a new child. or child in connection with adoption or foster care placement. PFL offers up to six weeks of benefits (in a twelve- [12] month period). This benefit can be coordinated with an employee’s paidIf employee is absent for a reason that qualifies him/her for PFL payments, and employee has not yet accrued or have vacation available, employee may use any accrued and unused sick leave time. The firstduring the seven days are considered a “- (7) day waiting period” and no before PFL benefits are paidbegins. An employee receiving Paid Family Leave is not on “unpaid leave.” Therefore, the District may not require the employee to use any accrued leave, e.g. sick or vacation leave, during Paid Family Leave. x i)j)i) Military Spouse Leave (Military and Veterans Code section 395.10)). An employee who works more than twenty (20) hours a week can take an unpaid leave of up to ten (10)days while the employee’s spouse is on leave from deployment. SS e c ti on B . 7 R e i n s ta te m e n t U p on R e tu rn F rom from L e a ve 1.a) Upon the expiration of the Family and Medical Leave, an employee will be returned to the same position or to an equivalent position with equivalent pay, benefits and terms and conditions of employment held prior to the leave. However, the employee has no greater rights to reinstatement, benefits or other conditions of employment than if the employee had been continuously employed during the leave period. If the reinstatement date differs from the original agreement of the employee and the District, the employee will be reinstated within two (2) business days, where feasible, after the employee notifies the employer of his/her readiness to return. 1.b) All employees taking leave for their own medical condition will be required to present a return to work certification from the attending health care provider as a condition of reinstatement. 2. Employees are encouraged to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. 3. All employees taking leave for their own serious health condition will be required to present a return to work certification from the attending health care provider as a condition of reinstatement. S e c ti on B . 8 R e l a ti on s h i p of F a m i l y / a n d M e d i c a l L e a ve T oto Oth e r L e a ve s Family/ and Medical Leave runs concurrently with other leaves taken for any reason that is FMLA/CFRA qualifying,; for example, sick leave or leave for an on-the-job injury. However, CFRA leave does not run concurrently with Pregnancy Disability Leave, but is in addition to it. CFRA leave doesis not run concurrently withavailable for Qualifying Exigency or Military Caregiver leaves. under the FMLA. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 58 Additional Information For more detailed explanation or answers to questions, employees should contact the Human Resources department. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 59 AAP P E N DI X C P R OH I B I T I ON AGAI N ST DI S C R I M I N AT ION , H AR AS S M E N T AN D R E T AL I AT I ON It is the policy of the Midpeninsula Regional Open Space District to promote an employment environment free of discrimination, harassment, or retaliation as defined in this policy. Discrimination or harassment on the basis of an individual’s actual or perceived protected classification is prohibited and will not be tolerated by the District. This policy also prohibits discrimination or harassment because of an individual’s association with a member of a protected classification. “Protected classification” includes: race, religion, creed, color, national origin, ancestry, ethnicity, sex (including gender and pregnancy), sexual orientation, age (over 40), marital status, medical condition, or mental or physical disability. “Protected classification” includes: race, religion, creed, color, national origin, ancestry, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), sexual orientation (including heterosexuality, homosexuality, and bisexuality), age (over 40), marital status, citizenship status, medical condition, genetic characteristics or information, military and veteran status, and mental or physical disability. The District forbids any form of discrimination or harassment by its elected or appointed officials, employees, volunteers, interns, contractors or other members of the public, and has enacted these regulations to identify and eliminate this conduct. The District also forbids any form of retaliation against any individual for filing a harassment or discrimination complaint or for participating in the complaint resolution process. Any employee, including managers, supervisors, volunteers, interns, contractors, or appointed or elected officials, who engages in any harassing, discriminatory or retaliatory conduct may be subject to censure, disqualification, or disciplinary action, up to and including discharge. Conduct need not rise to the level of a violation of law to violate this policy. This policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, reinstatement, transfer, leave of absence, compensation, and training. S e c ti on C . 1 H a ra s s m e n t Harassment may include, but is not limited to, the following types of behavior that are taken because of an individual’s actual or perceived protected classification: 1. Offensive verbal conduct, including epithets, derogatory comments, slurs, demeaning jokes, nicknames, innuendoes, whistling, propositions, threats, or profanity; or 2. Physical conduct including touching, assault, impeding or blocking movement, interference with normal work, gestures, leering, or making explicit or implied job threats; or; 3.Offensive visual conduct, including display of posters, calendars, cartoons, drawings, e-mails, computer websites or pictures; or. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 60 SS e c ti on C . 2 S e x u a l H a ra s s m e n t Sexual harassment is a form of sex discrimination and will not be tolerated by the District. Sexual harassment includes unwelcome sexual advances, requests for sexual favors or promises in return for submission to sexual acts, and other verbal, visual, or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. The conduct has the purpose or effect of unreasonably interfering with an employee'sindividual's work performance or of creating an intimidating, hostile, or offensive work environment. S e c ti on C . 3 Di s c ri m i n a ti on This policy prohibits treating an individual differently on the basis of the individual’s actual or perceived protected classification., or association with a person who has or is perceived to have a protected classification. S e c ti on C . 4 R e ta l i a ti on This policy prohibits the taking of any adverse conduct against an applicant, employee, or volunteer, intern, contractor, or elected or appointed official who has reported harassment or discrimination, or who has participation in the complaint and investigation process described below. “Adverse conduct” includes, but is not limited to: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination, or making real or implied threats of intimidation to prevent an individual for reporting harassment or discrimination. The following individuals are protected from retaliation: those who make good faith reports of harassment or discrimination, those who participate in the complaint or investigation process, or those who associate with an individual who reports harassment or discrimination or who participates in the complaint or investigation process. The following individuals are protected from retaliation: any person making a request for or receiving an accommodation for a disability; any person making a request for or receiving accommodation for religious beliefs or practices; any person making or supporting a complaint under this Policy, opposing violations of this Policy, or participating in an investigation pursuant to this Policy. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 61 SS e c ti on C . 5 C om p l a i n t P roc e d u re The goal of this complaint procedure is to stop discriminatory or harassing behavior in a prompt and effective manner, while still maintaining a good working relationship among the District's employees. All District applicants, employees, volunteers, interns, contractors, and elected and appointed officials have the right to file complaints of alleged violations of this policy. The procedure for filing such complaints is as follows: 1.Informal Complaint: Any employee who believes that a policy violation has occurred shouldmay, but is not required to, attempt immediately to resolve the problem informally by expressing his/her discomfort with the behavior of the offender in a constructive manner, and by requesting the offender to stop the behavior. While, the District strongly urges use of the informal complaint procedure, itThis procedure is not a prerequisite to the filing of a formal complaint. 2.Formal Complaint: Any applicant, employee, volunteer or contractor who believes that he or she has personally suffered unlawful harassment or discrimination, or retaliation or who has learned of or is aware of such conduct, shall promptly report the 3.2. conduct, either orally or in writing to any of the following listed below. There is no need to follow any established chain of supervision, so long as the matter is reported to any of the following: a. Immediate supervisor b.Administration andHead of Human Resources Manager c. Any Department Manager d. Any Supervisor c. Any supervisor or manager within or outside of the department e.d.General Counsel e. AssistantAny Department head f.Board President (for complaints against the General Manager or other Board member) g. General Manager 3. Any supervisor or department head who receives a harassment complaint should notify the head of Human Resources immediately. 4. A complaint may be referred to a person designated by the General Manager or General Counsel to investigate such complaints, as appropriate. 5. Investigation of Complaint: Upon receipt of a complaint of discrimination, the designated investigator will conduct a prompt investigation into the allegations. The investigation may include a review of documents or evidence and meetings with the complainant, the accused, and any witnesses to the conduct.head of Human Resources will: Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 62 x Provide the complainant with a timely response indicating that the complaint has been received and that a fair, timely, and thorough investigation will be conducted. x Timely supervise a fair and thorough investigation of the complaint by impartial and qualified personnel. The investigation will afford all parties with appropriate due process and include interviews with the complainant, the accused harasser, and other persons who have relevant knowledge concerning the allegations in the complaint. x Review the factual information gathered through the investigation to reach a reasonable conclusion as to whether the alleged conduct constitutes harassment, discrimination, or retaliation, giving consideration to all factual information and the totality of the circumstances. x Timely report a summary of the determination as to whether harassment occurred to the appropriate person(s) including the complainant, the alleged harasser, the supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant. 6. Resolution: Once the investigation is complete, the responsible manager will make a determination of the appropriate corrective action, if any, and. The District will informtake reasonable steps to protect the complainant from further harassment, discrimination, or retaliation, including retaliation as a result of communicating the conclusion of the investigation. Written findings shall be made when appropriatecomplaint. 7.Confidentiality: Throughout the process, the matter subject to the complaint shall be kept as confidential as possible. Confidentiality: Every effort will be made to assure the confidentiality of complaints made under this Policy to the greatest extent allowed by law. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. Materials pertaining to the complaint, which do not form a basis for discipline, shall be maintained in a file separate from the personnel files of the participants. The District will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order. 8. Dissemination of Policy: Copies of this policy shall be provided to all employees of the District upon issuancewhen updated, and to all new employees at the time of hiring. The District will also conductprovide periodic training for its employees to assist them in learning how to recognize, avoid and respond to behavior prohibited by this policy. SS e c ti on C . 6 Ob l i g a ti on of Di s tri c t E m p l oy e e s a n d Offi c e rs The District officer responsible for ensuring the District’s compliance with this policy is the AdministrationCFO/Director of Administrative Services, and head of Human Resources Manager. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 63 All employees are Each non-manager or non-supervisor and each elected or appointed official is responsible for following the District's policy against discrimination and harassment; refraining from discriminatory, harassing or retaliatory behavior, reporting incidents of discrimination, harassment or retaliation in a timely fashion; cooperating in any investigation concerning alleged violations of this policy; and maintaining confidentiality concerning anyresponding fully and truthfully to all questions posed during the investigation that is conducted. In addition, managers and supervisors are responsible for ensuring that their employees are aware of the District's policy against discrimination and, harassment, and retaliation; enforcing the District's policy among those they supervise; taking prompt, appropriate corrective action when discriminatory behavior is found; informing those who complain of harassment or discrimination of their option to contact the U.S. Equal Employment Opportunity Commission (“EEOC”) or the California Department of Fair Employment and Housing (“DFEH”); and attending harassment prevention training provided by the District. All employees are also encouraged to communicate with one another to assist co-employees to avoid harassing, discriminatory, or retaliatory behavior. SS e c ti on C . 7 E E OC C on ta c t I n form a ti on 7 Op ti on to R e p ort to Ou ts i d e Ad m i n i s tra ti ve Ag e n c i e s EEOC National Contact Center (NCC) customer service representatives are available to assist you in more than 100 languages between 8:00 a.m. and 8:00 p.m. Eastern Time. An automated system with answers to frequently asked questions is available on a 24-hour basis. You can reach the NCC: By mail: U.S. Equal Employment Opportunity Commission P.O. Box 7033 Lawrence, Kansas 66044 By phone: 1-800-669-4000 By Email: info@ask.eeoc.gov EEOC Headquarters is located at: U.S. Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, D.C. 20507 Phone: (202) 663-4900 TTY: (202) 663-4494 An individual has the option to report harassment, discrimination or retaliation to the U.S. Equal Employment Opportunity Commission (“EEOC”) or the California Department of Fair Employment and Housing (“DFEH”). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed on the Internet, in the government section of the telephone book or employees can check the posters that are located on District bulletin boards for office locations and telephone numbers. S e c ti on C . 8 DF E H C on ta c t I n form a ti on 8 Di s s e m i n a ti on of P ol i c y Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 64 Employment/Public Accommodations: 1-800-884-1684 Housing: 1-800-233-3212 (Within California) 1-510-622-2946 (Outside California) Hate Violence: 1-800-884-1684All employees and elected and appointed officials shall receive a copy of this Policy when they are hired or elected or appointed into office. The Policy may be updated from time to time and redistributed. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 65 AAP P E N DI X D P R E GN AN C Y DI S AB I L I T Y L E AVE The District will authorize a Leave of Absence for Pregnancy Disability for employees in accordance with state and federal law. This policy summarizes employees’ leave rights and obligations for conditions related to pregnancy and childbirth under the California Pregnancy Disability Leave Act (PDL), but is not intended to be exhaustive. Rights and obligations which are not specifically set forth below are contained in the California regulations implementing the PDL, and if applicable, under the Department of Labor regulations implementing the Family and Medical Leave Act (FMLA). S e c ti on D. 1 E l i g i b i l i ty re q u i re m e n ts 1. Any employee who is disabled by conditions relating to pregnancy or childbirth is eligible for Pregnancy Disability Leave under this policy. 2. Eligibility does not depend on length of employment. 3. Full and part -time employees are eligible. 4. The employee must be unable to perform one or more essential functions of her job without undue risk to herself, other persons, or to her pregnancy’s successful completion of pregnancy disability. S e c ti on D. 2 R e a s on s for L e a ve Pregnancy Disability Leave is permitted when an employee is actually disabled by her pregnancy, childbirth, or a related medical condition, as certified by her Health Care Provider. This includesExamples include time off for: 1. Health Care Provider ordered prenatal or postnatal care; 2. Severe morning sickness; 3. Health Care Provider ordered bed rest; 4. Childbirth and recovery from childbirth; and/or 5.Any pregnancy-related, disabling medical condition, including but not limited to, gestational diabetes, preeclampsia, post-partum depression. This is a non-exclusive list of qualifying conditions. S e c ti on D. 3 Du ra ti on of L e a ve Pregnancy Disability Leave is available for: 2.1.Up to six months of unpaid leave perfor the period the employee is disabled by pregnancy. 3.2.Leave does not have to be taken all at once and can be taken as intermittent or reduced schedule leave with medical certification. The General Manager, upon written request, and on a case-by-case basis, may grant an extension on a month-to-month basis of up to an additional six (6) months. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 66 SS e c ti on D. 4 R e q u e s t for L e a ve /R e q u i re d Doc u m e n ta ti on Eligible employees requesting such leave are required to: 1. Make the request in writing or orally to the General Manager at least 30 days in advance of the need for foreseeable leave, and as soon as practicable for leave that is not foreseeable. 2. Supply supporting documentation from the attending health care provider. 3. All forms are available through Human Resources. S e c ti on D. 5 P a y a n d B e n e fi ts Wh i l e on P DL Pregnancy Disability Leave is generally unpaid. During disability leave an employee may use accrued leave. If an employee elects not to use accrued sick leave prior to beginning her leave of absence without pay, the District may require an employee may be required to use any unused, accrued sick leave to the extent available for the fifth (5th) and sixth (6thafter four (4) months (or 17-1/3 weeks) of employee disability leave. under this policy. An employee may request to use accrued CTO during the period the workershe is on leave. State Disability Insurance (SDI)): An employee who applies and qualifiesis absent because of pregnancy disability may be eligible for State Disability Insurance (SDI may receive) benefits based upon wages. Employee must contact the Employment Development Department (EDD) to apply. SDI payments do not begin until after the employee has been absent from work for seven calendar days. If employee has accrued paid during a specific 12-month base period, determined by the date an SDI claim begins. This benefit is for non-work related disabilities and can be coordinated with an employee's paid sick leave time. The , employee may use sick leave for the first seven days of an employee's leave are considered a ", before SDI payments begin. If employee has no accrued sick leave, employee may elect, but is not required, to use any accrued vacation (or other accrued leave) during this waiting period" and no SDI benefits are paid. 1. Paid Family Leave (PFL) An employee may apply for (PFL) benefits within the SDI program for the care of parents, children, spouse and domestic partner or to bond with a new child. PFL offers up to six weeks of benefits (in a 12 month period). The first seven days of an employee's leave are considered a "waiting period" and no PFL benefits are paid. When an employee uses paid accrued leave When employees are in paid leave status, benefit hours (e.g. sick, vacation, etc.).), benefit hours (sick, vacation, etc.) will continue to accrue at the same rate that applies during paid work time. Theseif the employee was working those hours. Benefit hours will stop accruing when employees begin not accrue in any other circumstance or when an employee is in unpaid leavestatus. Employees will continue to be covered by the District’s group insurance plans (medical, dental, vision and life) to the same extent that coverage is provided and paid for while working for a period of up to twelve (12)17 1/3 weeks during a twelve (12)-month period. In no case, is Where an employee entitled to more than twelve (12)continues on approved PDL leave past four (4) months, or 17-1/3 work weeks of health, and is not otherwise eligible for CFRA leave, Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 67 an employee can continue such insurance benefit continuation within a twelve (12)-month period inclusivebenefits for the duration of the leave by paying the full premiums of all family/disability or pregnancy leave except when the employee pays for COBRA continuation coverage.these benefits. 2. If the leave extends beyond twelve (12) weeks, employees can continue such benefits for the duration of the leave by paying the full premiums of these benefits. Extensions of coverage will be subject to any restrictions in the applicable benefit policy or plan. If an employee is on leave of absence without pay in excess of two (2) complete pay periods his/her anniversary date for purposes of probationary time, evaluation, step pay increases and vacation/sick/personal/administration time accrual shall be extended by the number of days included in the period of leave without pay. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 68 S e c ti on D. 6 R e i n s ta te m e n t U p on R e tu rn F rom from L e a ve 1. Employees returning from a PDL within six (6) months will be returned to the same position held prior to the leave, unless the position has ceased to exist because of business necessity. If the position ceases to exist, the employee will return to a comparable position. However, the employee has no greater rights to reinstatement, benefits or other conditions of employment than if the employee had been continuously employed during the leave period. If the employee takes a CFRA leave for bonding or other CFRA-qualifying reason, in addition to her pregnancy disability leave, she has a right to return to either her original position or comparable position. 3. All employees taking leave for their own medical condition will be required to present a return to work certification from the attending health care provider as a condition of reinstatement. 2. All employees taking leave for their own medical condition will be required to present a return to work certification from the attending health care provider as a condition of reinstatement. S e c ti on D. 7 R e l a ti on s h i p of P re g n a n c y Di s a b i l i ty L e a ve (P DL ) to th e F a m i l y M e d i c a l L e a ve Ac t (F M L A) a n d th e C a l i forn i a F a m i l y R i g h ts Ac t (C F R A) Employees who are eligible for medial leave under the FMLA will have this leave run concurrently with the pregnancy disability leavePregnancy Disability Leave (PDL). CFRA will not run concurrently with Pregnancy Disability Leave, but will be in addition to Pregnancy Disability Leave if the employee is eligible for CFRA leave. Employees could take up to six (6) months of unpaid pregnancy disability leave for pregnancy disability and if eligible for CFRA, could also be entitled to up to twelve (12) weeks of unpaid CFRA leave to bond with the baby or for other CFRA qualifying reasons. Please contact Human Resources for more detailed information. S e c ti on D. 8 R e a s on a b l e Ac c om m od a ti on The District will provide reasonable accommodation requested by an employee, with the advice of her health care provider, related to her pregnancy, childbirth, or related medical conditions. Reasonable accommodation may include, but is not limited to, making facilities readily accessible and usable; job restructuring; modifying work schedules; reassigning to a vacant position; modifying test, training materials and policies; and/or acquisition or modification of equipment or devices. This list is not exhaustive. Refer to Reasonable Accommodation Policy for more detailed information. S e c ti on D. 9 Ad d i ti on a l I n form a ti on For more detailed explanation or answers to questions, employees should contact the Human Resources department. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 69 AAP P E N DI X E S AL AR I E D E M P L OYE E S P OL I C Y The Fair Labor Standards Act (“FLSA”), which is administered by the U.S. Department of Labor Wage and Hour Division (“DOL”), permits an employer to designate particular employees as “exempt” or “salaried” and establishes particular standards for paying exempt or salaried employees. S e c ti on E . 1 P u rp os e The purpose of this Policy is: 1. To assure that salaried employee pay procedures are based upon fairness, reasonableness, uniformity and equity; and 2. To assure that the District’s policies and procedures regarding salaried employees are in compliance with the FLSA and the DOL regulations; and 3. To set out the benefits and responsibilities of being a salaried employee; and 4. To clarify the District’s policy that: a) salaried employees will not have their salaries reduced except as permitted by the FLSA; and b) that, except as set out in this Policy, the District will not require salaried employees to use their paid leave for partial day absences, but will require them to receive approval prior to deviating from their established work schedules. S e c ti on E . 2 S a l a ri e d E m p l oy e e s De fi n e d A salaried employee of the District is one who is paid on a salaried basis, meets the duties test criteria set out by the FLSA and the DOL for exempt employees, and is therefore exempt from FLSA overtime compensation requirements. An employee is paid on a salaried basis if she/he regularly receives a pre-determined amount of compensation that is not subject to reduction because of variations in the quality or quantity of work performed in the workweek. S e c ti on E . 3 C ore Work H ou rs , P e rm i tte d S a l a ry a n d P a i d L e a ve R e d u c ti on s , Ove rti m e , a n d Ad m i n i s tra ti ve L e a ve Ac c ru a l 1. Core Hours and Work Schedules: The General Manager shall establish core work hours in which all employees are expected to be on duty. Core work hours shall be Monday through Friday, 9:00 a.m. to 4:00 p.m. unless the General Manager sets other core hours. This assures a minimum number of hours for communication opportunities among staff, availability to the public during business hours, and promotes efficiency and effectiveness. The Department Manager, after notification and/ or review with the Management Team as appropriate, will determine each salaried employee’s work schedule, which shall ordinarily include the core hours, and shall document that schedule in writing. The General Manager must approve any work schedule that does not cover Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 70 the core hours. Work schedules for full-time salaried employees shall provide for 40 hours of work per week, unless altered by an approved flexible schedule such as 9/80 or an Adjustment as provided for in Section E.4 of this Policy. The General Manager, Department Manager, Area Superintendent, Area Manager, or Supervisor may direct additional hours to be worked, and may approve a salaried employee’s absence from his/her work schedule. The employee may actually work more than 40 hours per week. The Supervisor is responsible for monitoring employees’ attendance. 2. Deductions from Salary or Paid Leave Time: a. Except as provided below, the District shall not deduct from a salaried employee’s accrued leave (vacation, sick, personal or administrative) for any time the employee is absent during a portion of the employee’s scheduled workday. b. Paid leave, or if there is no available and appropriate paid leave, then salary will be reduced for absences in the following circumstances: 1. An absence from work of one or more full days for personal reasons, sickness or disability. 2. To offset amounts employees receive as jury or witness fees, or for military pay. The District will not, however, reduce salary for time missed from work except as allowed by the FLSA. 3. Any full work week in which the employee performs no work. 4. In the initial and terminal weeks of employment if the employee only works a portion of the week. In this case, the District will pay the employee for only the portion of the week worked. 5. Absences due to unpaid leave the employee takes under the Family and Medical Act Leave. 3. Accrual of Paid Leave Time: Salaried employees shall accrue Vacation, Sick and Personal Leave time in accordance with the District’s Personnel Policies and Procedures Manual and will similarly receive paid Holidays. Salaried employees directed to work a full day on a District observed holiday shall receive a work schedule adjustment to replace the holiday within 30 days of the observed holiday worked. 4. Overtime: Salaried employees shall not be eligible for overtime compensation. 5. Administrative Leave Accrual: Salaried employees shall accrue Administrative Leave, which is a benefit not provided to non-exempt hourly employees. The Board of Directors shall establish the maximum amount of Administrative Leave granted to various classifications of salaried employees. Administrative Leave shall be accrued and usedAs stated in accordance with the District’s Personnel Policies and& Procedures Manual. Each Department Manager shall receive the amount of Administrative Leave authorized by the Board. Each year Section 7.3A, the General Manager, upon Department Manager recommendation, shall determine the specific amount of Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 71 Administrative Leave allocatedallotted to each salaried employee by January 1st each year. Adjustments to all other salaried employees, within the allotment can be made on a quarterly basis if the amount of night and/or weekend work requirements of the District change during the course of the parameters established by Board policy.year. To assure fairness in allocation of Administrative Leave, the General Manager will review specific work projects/assignments of each salaried employee with the Department Managers and shall set an amount of Administrative Leave that is appropriate for the number of assignments that are anticipated to require work beyond the typical 40-hour workweek. SS e c ti on E . 4 Work S c h e d u l e Ad j u s tm e n ts 1. Adjustments to Work Schedules: No salaried employee may deviate from his or her work schedule without first requesting and receiving advance approval from his or her supervisor. If the supervisor is unavailable, the General Manager, Department Manager or Area Superintendent may approve such a request. A salaried employee’s failure to request and receive advance approval may result in discipline. The General Manager, Department Manager, or Area Superintendent may authorize, in advance, occasional single-event work schedule adjustments for salaried employees. Such adjustments could occur when the affected employee’s work duties require him/her to work excessively late evenings, to work excessive numbers of hours in a given week, to work multiple weekend days, is directed to work a full day on a District observed holiday, or under other extenuating circumstances. 2. Flexible Work Schedules: Salaried employees shall be eligible for flexible work schedules in accordance with the “Administrative Guidelines for Flexible Work Schedules for Office, Supervisory, and Management Employees,” except that no overtime provisions will be applicable. S e c ti on E . 5 T i m e C a rd P roc e d u re s On their biweekly timecards, employees shall write in the word “Salaried” on the line for “Regular Hours Worked.” An employee’s time card must designate total hours worked, the category of leave time to be used, or leave without pay, on their time cards at the bottom of the right-hand “Totals” column up to a total of 80 hours in the pay period.. If the employee is absent from a portion of his/her scheduled workday, and an Adjustment to the work schedule under Section E.4 has not been authorized, the employee shall be paid for the full day, but may be subject to discipline. The selection of accrued leave hours shall be in accordance with provisions of the Personnel Policies regarding use of accrued leave. If the employee has no leave time available for a full day’s absence as described in Section E3.2, and when time off has been approved, the employee shall indicate “Leave Without Pay”. In such a case, and in only the circumstances set out in Section E.3. 2 of this Policy, the employee shall have his/her salary reduced by an amount equal to the number of hours designated. The daily pay rate used for any pay reductions made pursuant to this Policy shall be based upon the employee’s annual salary. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 72 S e c ti on E . 6 Di s c i p l i n a ry De d u c ti on s Under no circumstances shall a salaried employee have any salary rate reduction imposed as a disciplinary measure. In all other respects, the District’s discipline and grievance procedures set out in its Personnel Policies and Procedures Manual shall apply to salaried employees, except as provided in this Policy. A salaried employee may be suspended from work and his or her salary reduced for the time away from work in any of the circumstances described below a. For less than a full work week if the District has a good faith belief that the employee committed an infraction of a safety rule of major significance, such as rules relating to the prevention of serious danger to other employees; or b. For a violation of a workplace conduct rule listed in the District’s Personnel Policies and Procedures Manual, a suspension shall not be for a time increment of less than one workday. The term “workplace conduct rule” includes, but is not limited to, inappropriate conduct, including harassment, insubordination, violation of District policies, rules, regulations, or procedures, violence, drug or alcohol violations, or violations of state or federal laws, but does not include performance or attendance issues. S e c ti on E . 7 S a fe H a rb or The District prohibits any reductions from a salaried employee’s pay that are contrary to FLSA requirements. Any salaried employee, who believes that his or her salary has been reduced in violation of the FLSA, can file a written complaint with the General Manager or his/her designee. The complaint must be dated, signed, and describe the specific pay reduction at issue. The General Manager or his/her designee will review the complaint. If a reduction in violation of the FLSA is found, the District will promptly reimburse the employee for the amount of the pay reduction, and institute good faith measures to insure that the error does not occur in the future. S e c ti on E . 8 C on trol l i n g P ol i c i e s In the event there is a conflict between this Policy and any other District rules, regulations, policies, or practices, including other provisions of the Manual, the specific provisions of this Policy shall prevail. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 73 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES MANUAL ADOPTED BY THE BOARD OF DIRECTORS JUNE 27, 2007 AMENDED MAY 13, 2009 AMENDED DECEMBER 16, 2009 AMENDED FEBRUARY 22, 2017 $77$&+0(17 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES POLICY 1 GENERAL PROVISIONS ............................................................................................................... 1 Section 1.1 Purpose...................................................................................................................................... 1 Section 1.2 Adoption and Amendment of the Manual................................................................................... 1 Section 1.3 Term of Personnel Manual ........................................................................................................ 1 Section 1.4 Administration/Records/Forms/Procedures .............................................................................. 1 Section 1.5 Non-Discrimination................................................................................................................... 1 Section 1.6 Reasonable Accommodation...................................................................................................... 1 Section 1.7 Memoranda of Understanding and Employment Agreements ................................................... 2 Section 1.8 Department Procedures and Practices...................................................................................... 2 Section 1.9 Distribution of HR Policies........................................................................................................ 2 Section 1.10 Savings Clause........................................................................................................................... 2 Section 1.11 Violation of Personnel Manual.................................................................................................. 2 POLICY 2 JOB CLASSIFICATIONS ............................................................................................................... 3 Section 2.1 Classification Plan..................................................................................................................... 3 Section 2.2 Reclassification.......................................................................................................................... 3 POLICY 3 RECRUITMENT AND SELECTION ............................................................................................. 5 Section 3.1 Vacancies................................................................................................................................... 5 Section 3.2 Equal Opportunity Employer/Applicant Reasonable Accommodation...................................... 5 Section 3.3 Qualification of Applicants........................................................................................................ 5 Section 3.4 Disqualification of Applicants ................................................................................................... 5 POLICY 4 TERMS OF EMPLOYMENT .......................................................................................................... 7 Section 4.1 Safety and Health....................................................................................................................... 7 Section 4.2 Workday..................................................................................................................................... 7 Section 4.3 Attendance ................................................................................................................................. 7 Section 4.4 Probationary Status- At-will Employment................................................................................. 8 Section 4.5 Performance Evaluation Program............................................................................................. 8 Section 4.6 Promotion................................................................................................................................10 Section 4.7 Employment of Relatives..........................................................................................................10 Section 4.8 Political Activity ......................................................................................................................10 Section 4.9 Conflict of Interest...................................................................................................................11 Section 4.10 Transfer....................................................................................................................................11 Section 4.11 Keys and Security Codes..........................................................................................................11 Section 4.12 Postings on Bulletin Boards/District Property........................................................................12 Section 4.13 Off-Duty Employment and Business Ownership......................................................................12 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES Section 4.14 Notice of Resignation...............................................................................................................13 Section 4.15 Exit Interview...........................................................................................................................13 Section 4.16 Employment Reinstatement......................................................................................................13 Section 4.17 Paid Administrative Leave.......................................................................................................13 POLICY 5 COMPENSATION .........................................................................................................................14 Section 5.1 Starting Salaries ......................................................................................................................14 Section 5.2 Step Increases..........................................................................................................................14 Section 5.3 Pay After Promotion................................................................................................................14 Section 5.4 Acting Assignments..................................................................................................................15 Section 5.5 Overtime ..................................................................................................................................15 Section 5.6 Compensatory Time.................................................................................................................16 Section 5.7 Longevity Pay Program...........................................................................................................16 Section 5.8 Meritorious Pay for “At-will” Managers................................................................................16 Section 5.9 Shift Differential/Call Back Pay for Supervising Rangers.......................................................17 POLICY 6 BENEFITS .....................................................................................................................................18 Section 6.1 Benefit Plans............................................................................................................................18 Section 6.2 Workers’ Compensation/Industrial Injury or Illness...............................................................21 Section 6.3 Professional Development.......................................................................................................22 Section 6.4 Uniform Compensation for Field Supervisory Staff................................................................. 23 POLICY 7 LEAVE TIME ................................................................................................................................25 Section 7.1 Holidays...................................................................................................................................25 Section 7.2 Personal Leave ........................................................................................................................27 Section 7.3 Administrative Leave – Salaried Employees............................................................................27 Section 7.4. Vacation...................................................................................................................................28 Section 7.5 Sick Leave................................................................................................................................30 Section 7.6 Bereavement Leave..................................................................................................................32 Section 7.7 Witness/Jury Duty....................................................................................................................32 Section 7.8 Military Leave..........................................................................................................................33 Section 7.9 Leave of Absence .....................................................................................................................33 Section 7.10 Time Off To Vote......................................................................................................................34 POLICY 8 EMPLOYEE CONDUCT AND DISCIPLINE..............................................................................35 Section 8.1 Purpose/Procedure..................................................................................................................35 Section 8.2 Conduct Subject to Discipline..................................................................................................35 Section 8.3 First Level Discipline...............................................................................................................36 Section 8.4 Second Level Discipline...........................................................................................................37 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES Section 8.5 Notice to Employees of Second Level Disciplinary Action......................................................37 Section 8.6 Post Discipline Appeal Process...............................................................................................38 Section 8.7 Waiver of Time Limits or Other Provisions of the Appeal Process .........................................40 Section 8.8 No Interruption of Work...........................................................................................................40 Section 8.9 Peace Officer Bill of Rights .....................................................................................................40 POLICY 9 GRIEVANCE PROCEDURE ........................................................................................................41 APPENDIX A CATASTROPHIC LEAVE PROGRAM ....................................................................................43 Section A. 1 Purpose....................................................................................................................................43 Section A. 2 Conditions for Receiving Employees .......................................................................................43 Section A. 3 Conditions for Donating Employees........................................................................................44 APPENDIX B FAMILY AND MEDICAL LEAVE ...........................................................................................45 Section B. 1 Eligibility requirements ...........................................................................................................45 Section B. 2 Reasons for Leave....................................................................................................................45 Section B. 3 Duration of Leave....................................................................................................................46 Section B. 4 Spouses Both Employed by District.........................................................................................46 Section B. 5 Request for Leave/Required Documentation ...........................................................................47 Section B. 6 Pay and Benefits While on Family and Medical Leave ...........................................................47 Section B. 7 Reinstatement Upon Return from Leave..................................................................................49 Section B. 8 Relationship of Family and Medical Leave to Other Leaves...................................................50 APPENDIX C PROHIBITION AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION ..51 Section C. 1 Harassment..............................................................................................................................51 Section C. 2 Sexual Harassment ..................................................................................................................52 Section C. 3 Discrimination.........................................................................................................................52 Section C. 4 Retaliation................................................................................................................................52 Section C. 5 Complaint Procedure...............................................................................................................52 Section C. 6 Obligation of District Employees and Officers........................................................................54 Section C. 7 Option to Report to Outside Administrative Agencies.............................................................55 Section C. 8 Dissemination of Policy...........................................................................................................55 APPENDIX D PREGNANCY DISABILITY LEAVE........................................................................................56 Section D. 1 Eligibility requirements ...........................................................................................................56 Section D. 2 Reasons for Leave....................................................................................................................56 Section D. 3 Duration of Leave....................................................................................................................56 Section D. 4 Request for Leave/Required Documentation ...........................................................................57 Section D. 5 Pay and Benefits While on PDL...............................................................................................57 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES Section D. 6 Reinstatement Upon Return from Leave..................................................................................57 Section D. 7 Relationship of Pregnancy Disability Leave (PDL) to the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).........................................................................58 Section D. 8 Reasonable Accommodation....................................................................................................58 Section D. 9 Additional Information.............................................................................................................58 APPENDIX E SALARIED EMPLOYEES POLICY .........................................................................................59 Section E. 1 Purpose....................................................................................................................................59 Section E. 2 Salaried Employees Defined....................................................................................................59 Section E. 3 Core Work Hours, Permitted Salary and Paid Leave Reductions, Overtime, and Administrative Leave Accrual..................................................................................................59 Section E. 4 Work Schedule Adjustments.....................................................................................................61 Section E. 5 Time Card Procedures.............................................................................................................61 Section E. 6 Disciplinary Deductions..........................................................................................................61 Section E. 7 Safe Harbor..............................................................................................................................62 Section E. 8 Controlling Policies.................................................................................................................62 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 1 PP OL I C Y 1 GE N E R AL P R OVI SI ON S This document is entitled Personnel Policies and Procedures Manual, herein known as the Personnel Manual. This Personnel Manual applies to all employees of the Midpeninsula Regional Open Space District, herein known as the District, except as otherwise indicated. This Personnel manual does not apply to District Board members, except where expressly stated or prescribed under state law. S e c ti on 1.1 P u rp os e The purpose of the Personnel Manual is as follows: To provide a system of personnel administration based upon fairness, reasonableness, uniformity and equity; to help ensure that the District utilizes sound management practices, complies with applicable Federal, State and local laws and operates efficiently and effectively; and to protect and clarify the rights and responsibilities of both the employees and the District. S e c ti on 1.2 Ad op ti on a n d Am e n d m e n t of th e M a n u a l The Personnel Manual shall be approved by the Board of Directors, herein called the Board, and may be amended by the Board of Directors upon recommendation of the General Manager. S e c ti on 1.3 T e rm of P e rs on n e l M a n u a l This Personnel Manual takes effect when adopted by the Board of Directors of the District. The Personnel Manual shall remain in effect unless amended or repealed, in whole or in part, by the Board. S e c ti on 1.4 Ad m i n i s tra ti on /R e c ord s /F orm s /P roc e d u re s The General Manager shall administer the Personnel Manual and may delegate certain authority to the head of Human Resources or other designee(s). The General Manager shall have the authority, at his/her discretion, to make exceptions to or modify the strict application of any provision of this Personnel Manual when such application would create undue hardship for the District or the employee and/or when the General Manager determines that such variance is necessary and appropriate for the efficient operation of the District. Any such exception or modification shall not become a provision of these policies nor shall it create a past practice to the detriment of the District. S e c ti on 1.5 N on -Di s c ri m i n a ti on All District employees must comply with the District’s Nondiscrimination and Sexual Harassment Policy and applicable Federal and California laws. S e c ti on 1.6 R e a s on a b l e Ac c om m od a ti on The District will provide reasonable accommodation to enable all employees who are disabled, as defined under State and federal anti-discrimination laws, to perform the essential functions of the job. A number of exceptions can apply, including, in part, whether the accommodation would result in “undue hardship” on the District; the employee is unable to perform job without endangering health or safety of himself/herself or others; or the employee is unable to perform Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 2 essential job functions even with accommodation. SS e c ti on 1.7 M e m ora n d a of U n d e rs ta n d i n g a n d E m p l oy m e n t Ag re e m e n ts To the extent that these policies are inconsistent with provisions of any applicable Memorandum of Understanding (MOU) with a recognized bargaining unit or Employment Agreements (such as those applicable to Board Appointees), the respective provisions of the MOU or Agreement(s) shall prevail for those employees covered by the aforementioned Agreement(s). S e c ti on 1.8 De p a rtm e n t P roc e d u re s a n d P ra c ti c e s Department Managers may implement procedures and practices as deemed necessary for the efficient and orderly administration of their respective Departments. However, such procedures or practices shall not conflict with or supersede this Personnel Manual. Department procedures and practices shall be consistent with and supplementary to this Personnel Manual. S e c ti on 1.9 Di s tri b u ti on of H R P ol i c i e s Copies of the Personnel Manual shall be distributed to each employee of the District and to any recognized employee organization and bargaining unit at the time of adoption or amendment. Each new employee shall receive a copy of the Personnel Manual prior to or during orientation and shall sign a statement indicating that he/she has received and read the manual. Employees may access the Personnel Manual at any time on the District’s computer network or by requesting a copy from Human Resources. S e c ti on 1.10 S a vi n g s C l a u s e If any provision or the application of any provision of this Personnel Manual, as implemented, is rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions of this Personnel Manual shall remain in full force and effect, unless and until amended by the Board. S e c ti on 1.11 Vi ol a ti on of P e rs on n e l M a n u a l Any violation of this Personnel Manual may constitute grounds for rejection of applicants, and may result in disciplinary action for employees, up to and including termination, pursuant to the applicable disciplinary procedures. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 3 PP OL I C Y 2 J OB C L AS S I F I C AT I ON S S e c ti on 2.1 C l a s s i fi c a ti on P l a n The General Manager shall recommend a Position Classification Plan to the Board of Directors for General Manager appointed positions. The Position Classification Plan shall consist of salary ranges and Class Specifications, which include class titles, purpose of positions, job requirements, and general job duties. The Board of Directors shall approve the Classification Plan. The General Manager shall be responsible for keeping the Classification Plan current through periodic analysis of the positions within the organization. The General Manager shall have the authority to amend the Class Specifications when such changes do not substantially change the general job duties of the Class Specification and do not affect the salary range assigned to that Specification. Upon recommendation by the General Manager, the Board may create new classifications, divide, combine, revise, reclassify, or abolish existing classes, and may reassign a class from one salary range to another, or to a new salary range. A. R e g u l a r P os i ti on s Regular Positions are Board-authorized, continuous positions and may be full-time or part- time, but do not include temporary positions. Each regular employee of the District shall be allocated a class specification as well as specific duties for his/her particular employment assignment within the District. B . T e m p ora ry P os i ti on s Temporary Positions are positions filled for a limited period of time. The General Manager may establish duties and rates of pay necessary to secure qualified people for needed temporary positions when doing so does not exceed the District-wide fiscal year budget for salaries and benefits. Temporary positions are not required to have Class Specifications. S e c ti on 2.2 R e c l a s s i fi c a ti on The process of reclassification is intended as a means of properly classifying and compensating employees, based upon the needs of the District. Reclassification is the combining of two or more classifications, or the material change in duties of an existing position, which requires a change in the classification of the employee. In the event that changes in the District’s staffing needs require a reclassification of an employee, the General Manager may approve such reclassification. However, if the reclassification requires the creation of a new Class Specification and/or salary range, or the change alters the number of positions approved in the budget and the Classification Plan, the Board shall approve the new specification, salary range, or budget amendment. Reclassification shall not be used for the purpose of circumventing the competitive hiring process. A. P os i ti on U p g ra d e - E ffe c ts of I n c u m b e n t i n th e P os i ti on If the reclassification of a position requires that the position be upgraded to a higher classification, the incumbent may be reclassified if the incumbent has met all of the following criteria: 1) Has the minimum qualifications for the new classification; 2) Has a satisfactory (or meets standards) overall rating on his/her most recent evaluation; Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 4 3) Has demonstrated the knowledge, skills, and abilities to satisfactorily perform the full scope of duties in the new classification and; 4) Has been in the existing position for a minimum of one year BB . P os i ti on Dow n g ra d e If the reclassification of a position requires that the position be downgraded to a lower classification, the incumbent shall be reclassified to the lower position within the District, or at the discretion of the General Manager, may be allowed to fill any similar vacant position within the District for which that employee is qualified, without a competitive process. C . Ap p l i c a b l e P a y F ol l ow i n g R e c l a s s i fi c a ti on In a position upgrade, the General Manager shall assign the employee to a salary step within the new classification salary range that is appropriate, based upon the employee’s experience and qualifications. In no case, however, will the new salary step be less than the employee’s current salary. In the case of a position downgrade, the General Manager shall assign a salary within the new range that is closest to, but not more than, the incumbent’s salary in the existing range. In the event that the employee’s existing salary already exceeds the salary range of the new position, that employee’s salary shall be “Y” rated. (Y-Rating - The maintenance of an employee’s existing salary/wage until the newly assigned salary range increases beyond the retained salary of the employee.) Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 5 PP OL I C Y 3 R E C R U I T M E N T AN D S E L E C T I ON S e c ti on 3.1 Va c a n c i e s The Board is the appointing authority for all Board-appointed positions, which includes the General Manager, General Counsel and Controller. The General Manager is the appointing authority for all other positions in the District. When a vacancy occurs in an authorized position, the District shall normally conduct a competitive recruitment process. S e c ti on 3.2 E q u a l Op p ortu n i ty E m p l oy e r/Ap p l i c a n t R e a s on a b l e Ac c om m od a ti on The District is an Equal Opportunity Employer. The District’s recruitment program will be designed to appeal to the broadest segments of the population, and the selection process for employment shall not be influenced by race, religion, creed, political affiliation, color, national origin, ancestry, sex (including pregnancy, childbirth, medical conditions related to same, and gender), sexual orientation, age, marital status, medical condition or physical or mental disability, or any other class protected by law. The District will provide reasonable accommodation to qualified applicants with disabilities to ensure equal opportunity in the application process, subject to certain exceptions, including, but not limited to, whether the requested accommodation will create an undue hardship on the District. S e c ti on 3.3 Qu a l i fi c a ti on of Ap p l i c a n ts No person shall be employed in or appointed to any position unless said person meets the required qualifications, education, or experience designated for that classification. However, in order to meet the needs of the District, when a recruitment has been unsuccessful or has not resulted in candidates that meet all designated criteria, exceptions may be granted by the General Manager. Applicants are subject to any employment contingencies established for the position including, but not limited to, a satisfactory medical/physical exam, background investigation, reference check, driving record check, and knowledge/skills/leadership style tests. Failure to satisfy contingencies may result in the District withdrawing an offer of employment, or if employee has already begun working for the District, termination of employment. S e c ti on 3.4 Di s q u a l i fi c a ti on of Ap p l i c a n ts An applicant may be disqualified for employment for any of the following reasons: 1) The applicant is physically or psychologically unfit for the performance or safe performance of the essential duties of the position and such unfitness cannot be reasonably accommodated. 2) The applicant has been dismissed for cause from previous employment. 3) The applicant has used an unethical personal or political influence to attempt to obtain employment or promotion with the District. 4) The applicant has been convicted of a felony or misdemeanor, which was of such a nature as to adversely affect the applicant's ability to perform the duties of the position. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 6 5) The applicant has practiced or attempted to practice any deception, fraud or omission of material fact in the application or interview, or in securing eligibility for employment. 6) The application or supplement is incomplete or received after the announced closing date. 7) The applicant has not yet reached his/her 18th birthday. 8) The applicant has a relative, including a spouse, working for the District and the position for which the applicant is applying, would require either applicant or relative to render supervisory authority over the other and/or has the potential to create a conflict of interest in carrying out either party’s District duties. See Section 4.7 below. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 7 PP OL I C Y 4 T E R M S OF E M P L OYM E N T S e c ti on 4.1 S a fe ty a n d H e a l th The personal safety and health of each employee of the District is of primary importance. The District has an Injury-Illness Prevention Program (IIPP) and a Safety Manual, which shall be made available to each employee. An employee is expected to read the IIPP and Safety Manual, shall be safety conscious, use good judgment in performing job duties, and follow all rules and procedures in the IIPP, the Safety Manual, and other procedures or directives given by his/her supervisor. S e c ti on 4.2 Work d a y The regularly scheduled eight-hour workday for full-time employees at the Administrative Office shall be set by the General Manager and shall include the core office hours of 9:00 a.m. to 4:00 p.m. The applicable Department Manager shall set the regularly scheduled eight-hour workday for field staff employees. Individual employee workday schedules are to be approved by the Department Manager or appropriate supervisor, but must fall within the core hours specified for each work site by the General Manager or applicable Department Manager. A.M e a l B re a k s An employee’s one-half hour to one hour unpaid meal break is not a part of the eight-hour workday, except for the paid lunchtime provided to Supervising Rangers. B .R e s t B re a k s Employees are entitled to take a short rest period of up to ten minutes within each half- day worked. Such rest periods should be taken at a time and in a manner which does not interfere with the efficiency of operations. C .Al te rn a te Work S c h e d u l e s Supervisors and office staff may be eligible to participate in alternate work schedules, including telecommuting, in accordance with administrative guidelines for the program. Designated hours and work sites may be changed from time to time and may include weekends, holidays and evenings to accommodate the needs of the District. See Administrative Guidelines for Flexible Work Schedules for Office, Supervisory, and Management Employees. S e c ti on 4.3 Atte n d a n c e Employees shall be in attendance and ready to work at their designated work sites at the hours arranged and approved by the employee’s supervisor. Any unauthorized absence from the employee’s work duties or work site may be designated as absence without pay and may be cause for disciplinary action. A. R e p orti n g L a te -to-Work or Ab s e n c e Employees are required to follow department procedures in reporting a late-to-work or unplanned absence. When a department procedure does not exist, employees shall make every effort to report an absence or late-to-work to his/her supervisor as soon as possible, but prior to the beginning of that employee’s scheduled workday. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 8 BB . T i m e C a rd s Each employee is responsible for keeping accurate records of his/her attendance and absences, and will fill out and sign his/her time card. Each supervisor will approve the employee’s time cards after verifying the accuracy of the hours reported by the employee. Employees who are classified as “exempt” under the Fair Labor Standards Act shall follow the time card procedures set out in the District’s Salaried Employees Policy. (See Appendix E) S e c ti on 4.4 P rob a ti on a ry Sta tu s - At Wi l l E m p l oy m e n t The probationary period is part of the selection and testing process and is designed to ensure that employees are able to satisfy requirements of the position for which they were hired or promoted. Newly hired or promoted employees are “at- will” which means they are subject to dismissal at any time, without cause, without advance notice, and without the right of hearing or appeal. The General Manager shall approve all extensions of probation or failure to pass probation. “At-will” status continues until a probationary employee has completed the minimum probationary period specified, including any extension thereof, and receives an approval for regular status from the Department Manager. A. P rob a ti on a ry P e ri od The probationary period for newly hired employees shall be twelve (12) months and may be extended up to three (3) months. The probationary period of employees promoted or transferred to a new classification shall be six (6) months and may be extended up to three (3) months. In addition, an employee who is absent from duty or unable to perform the essential functions of his/her job in excess of a total of four (4) weeks during the probationary period shall have his/her probationary period extended for the duration of the absence (which may exceed the 3-month extension period described above) to allow the District an adequate period of time in which to determine if the employee is able to satisfy the requirements of the position. A probationary employee will receive written notice of any extension of probation. B . At-Wi l l S ta tu s for U p p e r M a n a g e m e n t “At-Will Managers” are Assistant General Managers, the Chief Financial Officer/Director of Administrative Services, Division Managers of the Administrative Services Department (Information Technology Division, Human Resources Division, and Finance Division), and Department Managers. These “at-will” employees serve at the will and pleasure of the General Manager throughout their employment, and may be terminated at any time without cause, without advance notice, and without the right of hearing or appeal. See Severance Pay for At-Will Managers, Section 5.8(b). S e c ti on 4.5 P e rform a n c e E va l u a ti on P rog ra m The District will provide performance evaluations for the purpose of: 1) Recognizing each employee’s achievements and contributions to the organization. 2) Providing developmental feedback including identification of deficiencies and providing specific action plans to improve. 3) Establishing training needs. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 9 4) Providing a basis for salary recommendations and promotions. AA. F orm s a n d F re q u e n c y The District will provide a form and format for written employee evaluations. Managers and Supervisors will complete such evaluation forms at least once annually, except as otherwise provided in this Personnel Manual, and may provide more frequent evaluations as may be needed and/or beneficial. B . P roc e d u re s Employees will be asked to sign the evaluation and will be given up to fifteen (15) calendar days to include any comments in the appropriate section of the form. Employee comments are optional. If the employee refuses to sign acknowledging receipt of the evaluation, the supervisor will make a notation on the form of the date the evaluation was given and that the employee has failed to sign the evaluation. C . Ove ra l l B e l ow S ta n d a rd E va l u a ti on If an employee receives an overall below standard performance evaluation and has not reached the maximum salary step in the applicable salary range, that employee will not be eligible for a step increase until the next annual evaluation. If the employee’s performance during the next evaluation period has been consistently standard or above, the step increase will be given at that time. (The definition for an “Overall Below Standard Evaluation” is: a sufficient number of Below Standard ratings on the employee’s performance evaluation to render that employee’s overall performance to be Below Standard, and/or a Below Standard rating in any one category which is egregious, chronic, or impairs the employee’s ability to perform the essential functions of the position. Furthermore, in no case shall an employee receive an Overall Standard Evaluation with three or more Below Standard ratings.) An Overall Below Standard Evaluation must be written by or approved by the Department Manager. An employee in good standing is one who was rated “Meets Standard” or “Exceeds Standard” in his or her most recent performance evaluation. D. N ot S u b j e c t to th e Ap p e a l or Gri e va n c e P roc e s s The performance evaluation is not subject to any appeal or grievance process. E . “At-Wi l l ” M a n a g e rs “At-will” Managers as defined herein, will receive regular feedback from the General Manager or respective supervisor. They are not subject to the written evaluation process described above, but shall, at the discretion of the General Manager, receive periodic written evaluations. F . P rob a ti on a ry E va l u a ti on s The District will provide written evaluations for probationary employees as deemed necessary by the employee’s immediate supervisor during the probationary period. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 10 SS e c ti on 4.6 P rom oti on It is the policy of the District to fill authorized position vacancies with the most qualified individuals available. The District also endeavors to provide promotional opportunities for qualified employees. The probationary period for a newly promoted District employee, or an employee transferred to a new classification, shall be six (6) months, and may be extended as set out in Section 4.4. Promoted employees failing to complete probation will be returned to their former position or a similar position in a similar pay grade provided that such a position is available. However, if no such position is available, the employee may be laid off, or may, at the discretion of the General Manager, be offered a lower position if a vacant position is available and if the employee is qualified for that position. S e c ti on 4.7 E m p l oy m e n t of R e l a ti ve s To avoid any potential for a conflict of interest or favoritism, it is necessary to restrict the employment of relatives of elected officials, appointed officials, and employees of the District. Relatives, as defined in this section, shall include spouse or domestic partner, child, stepchild, parent, siblings, aunts/uncles, grandparents, mothers/fathers-in laws, any other relative living in the employee’s home. The following restrictions will apply: 1) Relatives shall not be employed in a position, which exercises supervisory authority over another relative, if the employment has the potential for creating an adverse impact upon supervision, safety, security, or morale. 2) If two (2) District employees become relatives after employment, and their employment conflicts with the provisions of Subsection (1) of this section, and the conflict cannot be resolved by a transfer or other reasonable accommodation, the two employees will be given a choice of which employee will resign. If neither chooses to resign, the District may discharge one of the employees based upon seniority, overall experience, and/or overall impact on the District, without appeal. 3) In no event shall an employee participate in decision-making aspects of the recruitment, selection, or determination of compensation process for a position in which that employee's relative has applied. 4) No District employee or elected official shall attempt to intervene in or influence a District decision concerning any aspect of the employment of his or her relative (as defined in this section). S e c ti on 4.8 P ol i ti c a l Ac ti vi ty District employees are public officials and as such are subject to numerous laws, regulations and court decisions regulating incompatible activities and conflicts of interest. Therefore, the following are prohibited activities: 1) An employee may not participate in personal political activities of any kind while in uniform or during his/her working hours, or during such time when the public may Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 11 reasonably assume that the employee is acting as a representative of the District. (Examples would include wearing of campaign buttons, soliciting support for a candidate or legislation, or soliciting donations for political causes.) 2) While in uniform or during his/her working hours, or during such time when the public may reasonably assume that the employee is acting as a representative of the District an employee may not directly or indirectly solicit or receive political funds or contributions, knowingly, from other District officers, employees or the public. An employee may not use any District contact or mailing lists to solicit such contributions at any time. 3) An employee may not utilize any District resources for the purpose of personal political activity, nor use District resources to support or oppose any qualified ballot measure or candidate for elective office. 4) An employee may not use his/her influence or official authority to secure any appointment of any person or prospective appointment of any person to any position in the service of the District as a reward or return for personal or partisan political service. Any employee who is not sure if his/her activity may be in violation of this Section should consult with the head of Human Resources or the District’s General Counsel. SS e c ti on 4.9 C on fl i c t of I n te re s t No employee of the District shall have a personal financial interest of any kind in any District contract, sale or transaction. Any participation by an employee in the process by which such a contract is developed, negotiated, recommended or executed is a violation of this Section. S e c ti on 4.10 T ra n s fe r Employee requests for transfer to another District work area or department may be considered, if the position is in the same or comparable classification as the employee's existing position, the employee has attained regular status, and the employee meets the minimum qualifications of the new position. Such transfer requests shall be made in writing and submitted to the Department Manager. If the Department Manager approves, the transfer request will be submitted to the General Manager for his/her approval. All transfer requests are subject to the approval of the General Manager. The General Manager may initiate employee transfers when the transfer is in the best interest of the District. Such transfers shall be to a position in the same or comparable class with the same or comparable salary range. The employee shall remain at the same salary step and shall retain the same anniversary date. The employee’s preferences regarding the transfer will be considered to the greatest extent possible. Such transfers are not subject to any appeal or grievance procedure. S e c ti on 4.11 Ke y s a n d S e c u ri ty C od e s Keys to the District gates, facilities, and vehicles shall be issued only to employees so designated by the Department Manager or his/her designee(s). These are the property of the District, and Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 12 employees shall not duplicate or loan keys, except when directed to do so by the Department Manager or designee, and shall surrender them to the District upon separation from the District. Employees shall immediately report lost or stolen keys to their supervisors who shall then report the loss to the Department Manager. Employees shall protect District assets by keeping access codes confidential, except when following procedures for contractor access to preserves. SS e c ti on 4.12 P os ti n g s on B u l l e ti n B oa rd s /Di s tri c t P rop e rty For the purpose of maintaining a professional, non-political and harassment free work environment, the District will review all items to be posted on public or community areas of District property such as bulletin boards, vehicles and common area walls, doors or equipment. The Department Managers for the Administrative Office and the Area Superintendents for the field offices shall approve any items before they are posted. S e c ti on 4.13 Off-Du ty E m p l oy m e n t a n d B u s i n e s s Ow n e rs h i p The District reserves the right to restrict off-duty employment/business ownership by District employees for the purpose of ensuring safe, efficient and effective performance of duties at the District. Any District employee engaged in, or wishing to engage in outside or self-employment must notify his/her Department Manager or immediate supervisor in writing. The Department Manager or supervisor shall discuss the nature and hours of the off-duty employment with the employee. The Department Manager or supervisor shall have the right to limit, deny, or withdraw approval of such employment at any time, with a minimum of two weeks’ advance notice, in the event the employee is working an off-duty job. Any permission to engage in off-duty employment or business ownership must be in writing. District employees are permitted to work off duty or own a business after receiving District approval, when all of the following conditions are met: 1) Such employment/business ownership does not conflict with department schedules, duties and/or responsibilities; and 2) Such employment/business ownership does not create a conflict of interest or an incompatibility with District employment, (e.g. working on a District contract or receiving money for performing any act that would be part of the employee’s regular duties); and 3) Such employment/business ownership does not create a detrimental effect upon the employee's performance of District duties and responsibilities or involve time demands that render the employee’s performance less efficient; and 4) Work performed in such employment/business ownership is not regulated or inspected by any District employee; and 5) Such employment/business ownership does not involve conducting private business during hours of District employment or the use of any district resources or uniforms; and 6) The employee agrees that he/she is not entitled to receive District-provided Worker's Compensation benefits if he/she sustains an injury or illness during the course of off- duty or self-employment not related to his/her District employment. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 13 SS e c ti on 4.14 N oti c e of R e s i g n a ti on Employees who wish to voluntarily terminate employment with the District shall provide a minimum of two (2) weeks’ written notice to their immediate supervisor, unless an emergency situation prevents such notice or upon agreement of the General Manager. The resignation shall be accepted upon submission and deemed effective on the date stated in the resignation. S e c ti on 4.15 E x i t I n te rvi e w The head of Human Resources or designee shall hold an exit interview with each regular separating employee. The interview shall include apprising the exiting employee of any employee benefits (such as retirement) due him/her and providing information or referrals on how to receive such benefits. All District equipment, keys, credit cards etc. shall be collected at or before the exit interview. S e c ti on 4.16 E m p l oy m e n t R e i n s ta te m e n t Former employees who have voluntarily left the District service shall have no right to reinstatement. Any reinstatement into a vacant position (of the same classification) shall be at the sole discretion of the General Manager as long as the request for such reinstatement occurs within 6 months of the employee’s separation in good standing from District employment. The rate of pay for the reinstated employee shall be determined by the General Manager, but shall not exceed the rate of pay the employee was earning prior to leaving District employment, and may be less if the employee is reinstated to a lower position. For the purpose of attracting and retaining experienced and qualified personnel, the General Manager, at his/her sole discretion, may determine the amount of leave time accrual and other “time-in-grade” benefits the reinstated employee may earn upon reinstatement. S e c ti on 4.17 P a i d Ad m i n i s tra ti ve L e a ve The General Manager may place an employee on paid administrative leave for any reason, whether or not related to discipline. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 14 PP OL I C Y 5 C OM P E N S AT I ON The District endeavors to establish pay for their employees that allow it to attract and retain competent, qualified staff, and is equitable internally. The General Manager shall recommend a Compensation Plan to the Board of Directors for General Manager appointed positions, which meets these general guidelines. Upon recommendation of the General Manager, the Board of Directors shall approve the Compensation Plan. The Compensation Plan may include Administrative Guidelines, which shall be supplemental to this policy. The General Manager shall periodically review the compensation received by District employees, utilizing such tools as the Consumer Price Index and review of salary plans of similar positions in the related job market. See Board Policy 2.03, Employee Compensation Guiding Principles. S e c ti on 5.1 S ta rti n g S a l a ri e s A starting salary shall normally be at the first step of the salary range. However, the General Manager, at his/her discretion, shall determine starting salaries for individual employees within the compensation plans, commensurate with the new employee’s experience, knowledge, education, skills and abilities. S e c ti on 5.2 S te p I n c re a s e s If a salary step program is being utilized, new employees hired at a rate of pay that is not at the maximum of the pay range shall be eligible for a salary increase upon successful completion of the probationary period, or any extension thereof. Thereafter, employees shall be eligible for salary increases at twelve-month intervals, up to the top of the pay range. A completed performance evaluation with an overall rating of satisfactory or above shall be required for all salary increase recommendations. S e c ti on 5.3 P a y Afte r P rom oti on An employee who has successfully competed for a position in the District which has a higher salary range than his/her existing position shall be assigned the beginning step of the new salary range or a five (5) percent increase in his/her existing regular rate of pay, whichever is greater. An additional increase of up to five (5) percent of the new salary may be added to compensate for the length of time since the employee’s last step increase, unless the employee was at the top of the salary range (see promotional chart below). In an instance in which the incumbent employee’s knowledge and experience are such that a promotional starting salary as noted above would create internal inequity, the General Manager may make an adjustment to the starting salary which is commensurate with that employee’s experience, knowledge, education, skills and abilities, including the length of time that employee may have served in an “Acting” capacity for the newly promoted position, not to exceed the top of the salary range. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 15 Months* Worked Since Merit Increase Last Annual Evaluation 1 through 6 months 1 step (2.5 percent) 7 through 12 months 2 steps (5 percent) *Month is equivalent to a calendar month irrespective of how many days are in each month. SS e c ti on 5.4 Ac ti n g As s i g n m e n ts The General Manager may assign an employee to perform the duties of and assume the responsibilities of a higher-level classification due to a position vacancy, or to meet the temporary needs of the District. In consideration of the Acting Assignment, the employee shall be paid at least five (5) but not more than ten percent more than his or her current salary, beginning on the first day of the assignment, subject to the minimum and maximum time periods noted below. The need for acting assignments shall be evaluated on a case-by-case basis. Assignment of some duties of a higher classification during the temporary absence of an employee without assignment of the full responsibilities of the higher classification may be made without additional compensation paid to the employee. A. S a l a ri e d E m p l oy e e s Salaried employees are those District employees whose position is classified as exempt from the overtime compensation requirements of the Fair Labor Standards Act. Acting pay for salaried employees shall apply only if the Acting Assignment exceeds fifteen (15) working days. B . H ou rl y E m p l oy e e Hourly employees are those District employees whose position is classified as non-exempt from the overtime compensation requirements of the Fair Labor Standards Act. Acting pay for an hourly employee shall apply only if the Acting Assignment exceeds five (5) working days. In the event an hourly employee is assigned to Act for a salaried position, the employee shall continue to be paid hourly for the purposes of overtime and will therefore not be eligible for any Administrative Leave time. C . Du ra ti on An acting appointment shall normally not exceed six months, however, the General Manager may authorize an extension of the period due to extenuating circumstances and to meet the needs of the District. S e c ti on 5.5 Ove rti m e When it is necessary for the operation of the District, hourly employees may work overtime, but must obtain authorization from their immediate supervisor or Department Manager prior to commencement of overtime. Supervising Rangers and Maintenance Supervisors are pre- authorized for overtime if needed to complete an emergency incident. The Supervising Ranger or Maintenance Supervisor shall contact his/her Area Superintendent, Area Manager, or Department Manager immediately if the event is going to take an extended amount of time. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 16 In compliance with the Fair Labor Standards Act, as it applies to public sector employers, any employee of the District required to work overtime shall be compensated at time and one-half his/her regular hourly rate of pay for time actually worked in excess of forty (40) hours within the seven-day work week, (exclusive of non-paid meal breaks). For field supervisory employees, overtime pay shall apply for time worked in excess of the scheduled workday or in excess of the forty-hour workweek. Holiday, sick, and vacation paid leave time shall be counted toward the calculation of hours worked for the purpose of overtime compensation. AA.Al te rn a te Work S c h e d u l e s Overtime rules for employees authorized to work Alternate Work Schedules (such as 9/80) shall be those set out in the Administrative Guidelines for Flexible Work Schedules for Office, Supervisor, and Management Employees regarding overtime rules for flex schedules. B .S a l a ri e d E m p l oy e e s Employees of the District designated as salaried shall not be subject to the provisions of this section. (See Salaried Employee Policy- Appendix E) S e c ti on 5.6 C om p e n s a tory T i m e An hourly employee may elect compensatory time in lieu of overtime pay. Compensatory time is subject to a maximum accrual of 50 hours (33 and l/3 hours worked computed at time-and-one - half to a total of 50 hours). Supervisor approval is required for use of compensatory time and shall normally be granted if the employee provides reasonable advance notice and if the granting of the time off does not unduly disrupt District operations. Use of compensatory time is not considered hours worked in a week for the purpose of calculating overtime. Unused compensatory time shall be paid at termination. S e c ti on 5.7 L on g e vi ty P a y P rog ra m An Office, Supervisory and Management employee is eligible for Longevity Pay if all of the following apply: 1. Employee has worked for the District for a minimum of ten (10) consecutive years, and 2. Employee is currently at the top of his/her salary range, and 3. Employee has no below standard rating on his/her last annual performance evaluation. Such employees will receive a one percent (1%) lump sum payment of annual salary each year after completion of the annual performance evaluation. This benefit applies to both full-time and part- time District employees. The lump sum payment will not adjust the salary range and will not count toward the calculation of annual salary for the purpose of computing life insurance coverage or long-term disability (LTD) wages. At-Will Managers are not eligible for Longevity Pay. See Section 5.8 below. S e c ti on 5.8 M e ri tori ou s P a y for “At-Wi l l ” M a n a g e rs A.M e ri tori ou s P a y “At-Will Managers,” defined above as Assistant General Managers, the Chief Financial Officer/Director of Administrative Services, Division Managers of the Administrative Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 17 Services Department (Information Technology Division, Human Resources Division, and Finance Division), and Department Managers, are eligible for Meritorious Pay as described in this section. For “At-Will” Managers who have reached the top of their salary range as of the beginning of the District’s Fiscal Year (beginning July 1, 2016), the General Manager may award meritorious performance pay of 1% to 5% of the employee’s annual salary at the end of that fiscal year, based upon overall performance, including, but not limited to, completion of items on the annual Action Plan as well as performance in response to unanticipated projects and exceptional professional and managerial achievement. The manager’s evaluation shall reflect that meritorious pay is awarded for superior performance. This meritorious pay if awarded, is a lump sum payment, will not adjust the salary range, and will not be added to the individual’s base salary for the purpose of computing life insurance coverage or LTD wages. BB .S e ve ra n c e P a y Department Managers and the Assistant General Manager are “at-will” employees and will be given a severance payment equal to 90 days of their current base salary if they are terminated from District employment at the will and pleasure of the General Manager, except in cases of misconduct, including but not limited to, conviction of a crime involving an abuse of his/her office or position with District. (See Gov. Code, § 53243 et seq.) S e c ti on 5.9 S h i ft Di ffe re n ti a l /C a ll B a c k P a y for S u p e rvi s i n g R a n g e rs a n d M a i n te n a n c e S u p e rvi s ors A. N i g h t S h i ft Hourly Supervising Rangers and Maintenance Supervisors will receive a differential of $3.00 per hour for each hour actually worked after 2:00 p.m. when at least four (4) hours of an assigned work schedule, or additional work approved by a supervisor, occurs after 5:00 p.m. and before 6:00 a.m. The differential shall apply to overtime hours the same as straight time hours. A.S p l i t S h i ft Hourly Supervising Rangers and Maintenance Supervisors assigned to work a split shift will receive a differential of $40.00 per workday for each split shift actually worked. B .C a l l B a c k T i m e Any hourly Supervising Rangers or Maintenance Supervisors not residing in District housing will receive a minimum of 3 hours of call-back time paid at time-and-one half (1-1/2 time), commencing upon arrival at the employee’s work station. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 18 PP OL I C Y 6 B E N E F I T S S e c ti on 6.1 B e n e fi t P l a n s A. M e d i c a l I n s u ra n c e The District participates in the CalPERS Health Insurance Program, which offers a choice of several medical plans available to District employees. The District will contribute $350.00* per month toward the cost of medical insurance for regular, full-time employees (*See Section B below). The District will provide same-sex domestic partner medical coverage in the CalPERS Health Program plans as provided for in this section to the extent and in the manner in which the CalPERS Health Program allows for the domestic partner’s enrollment. Unless the domestic partner qualifies as a dependent under Section 152 of the Internal Revenue Code, domestic partner coverage cannot be paid on a pre-tax basis under the Cafeteria Plan or paid for with contributions under the Cafeteria Plan. The fair market value of the domestic partner coverage, less any amount paid by the employee for that coverage, must be taxed to the employee as income. B .C a fe te ri a P l a n The District will continue to provide a Section 125 Cafeteria Plan that employees may use to pay for the cost of medical, dental, and vision insurance as well as Dependent Care and Medical Reimbursements on a pretax basis. The District will provide a contribution into the Cafeteria Plan sufficient to pay for dental and vision insurance, plus an additional amount toward medical insurance as described below. The Cafeteria Plan contribution will be adjusted as described below. 1. Effective the first pay period at the beginning of August 2015, the District will provide monthly contributions to the Cafeteria Plan in the following amounts for each coverage tier: Employee Only: $810.00 Employee Plus One: $1,375.00 Employee Plus Two or More: $1,715.00 If the employee selects a plan with a greater premium cost than the District contribution, the employee will pay the additional premium cost. 2. Effective July 1, 2016, the District Cafeteria Plan contribution will be adjusted according to the San Francisco Area Consumer Price Index for All Urban Consumers for the year preceding the adjustment from February to February. The July 1, 2016 Cafeteria Plan adjustment shall be not less than 2.0 percent or greater than 3.0 percent. 3. Effective July 1, 2017, the District Cafeteria Plan contribution will be adjusted according to the San Francisco Area Consumer Price Index for All Urban Consumers for the year preceding the adjustment from February to February. The Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 19 July 1, 2017 Cafeteria Plan adjustment shall be not less than 2.0 percent or greater than 3.0 percent. 4. Cash Back: In the event CalPERS offers a medical insurance plan with lower premiums than the District contribution, an employee selecting such a plan will have contributions remaining in the Cafeteria Plan and may apply the remaining contribution to other qualified benefit costs, or receive the difference in cash. 5. Waiver: If an employee provides evidence (e.g. insurance ID card) that he/she is covered under a non-District medical plan, he/she may elect to waive such coverage through the District. Employees waiving medical coverage will receive contributions under the Cafeteria Plan equivalent to one-half of the District Employee Only contribution, and may elect to apply such contribution toward other qualified benefit costs or receive the difference in cash. If the District determines, before or during any Cafeteria Plan year, that the Cafeteria Plan may fail to satisfy any requirements of the Internal Revenue Code for such plan year, the District shall take such action as the District deems appropriate and necessary to ensure that the Cafeteria Plan satisfies the requirements of the IRS Code. CC . De n ta l I n s u ra n c e The District will make available the Delta Dental Plan that is provided to the District as a subgroup of Santa Clara County. The District will provide a similar plan if the Delta Dental Plan becomes unavailable. The District will pay the full premium cost of the dental plan coverage for employees and dependents as a contribution to the Cafeteria Plan. If an employee is currently covered under a non-District provided dental plan, basically equivalent to that provided by the District, the employee may elect to waive such coverage through the District. An employee who elects to waive dental coverage will receive the cash equivalent of one-half (½) of the dental premium, and may elect to use it for other benefit costs or receive it in cash. The District agrees to provide same-sex domestic partner coverage in the dental plan, if the plan allows for the domestic partner’s enrollment. D. Vi s i on I n s u ra n c e The District will make available the Vision Service Plan as provided to the District as a subgroup of Santa Clara County. The District will provide a similar plan if the Vision Service Plan becomes unavailable. The District will pay the full premium cost of the vision plan coverage for employees and dependents as a contribution to the Cafeteria Plan. An employee may elect to waive vision plan coverage through the District. An employee who elects to waive vision coverage may elect to apply the full amount of the vision plan premium toward other benefit costs or receive it in cash. The District agrees to provide same-sex domestic partner coverage in the vision plan, if the plan allows for the domestic partner’s enrollment. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 20 EE . B a s i c L i fe a n d Ac c i d e n ta l De a th & Di s m e m b e rm e n t (AD&D) I n s u ra n c e The District will provide basic life insurance coverage equivalent to two times (2x) the employee’s annual salary and AD&D plan coverage equivalent to two times (2x) the employee’s annual salary at no cost to the employee. Note: the two times (2x) the employee’s annual salary may be subject to benefit reductions required by the carrier for employees age 70 and older. F .Op ti on a l S u p p l e m e n ta l L i fe I n s u ra n c e B e n e fi ts The District shall offer the option of electing Supplemental Life Insurance to employees at the employee’s cost. G.P a rt-T i m e E m p l oy e e s Medical, dental and basic life insurance benefits for regular part-time (one-half time or greater) employees shall be provided on a pro-rata basis unless greater employer contributions are required by law. H .S ta te Di s a b i l i ty I n s u ra n c e (S DI ) The District agrees to continue payroll deduction of State Disability Insurance (SDI) premiums for all employees. I .E m p l oy e e As s i s ta n c e P rog ra m The District shall provide an Employee Assistance Program for all regular employees of the District and shall pay the full cost of the program. J .L on g -T e rm Di s a b i l i ty P l a n (L T D) The District will provide a Long-Term Disability Plan, requiring 100% employee participation. This is an employee paid plan. K.R e ti re m e n t The District contracts with the California Public Employees' Retirement System (CalPERS) to provide pension benefits for employees. The pension formula for “classic” employees is the local Miscellaneous 2.5% at age 55 Retirement Plan. “Classic” employees pay 8% of pensionable salary to pay the employee CalPERS contribution. The pension formula for “new” CalPERS member employees is the local Miscellaneous 2.0% at age 62 Retirement Plan. “New” employees pay one-half of the normal cost of their pension plan to pay the employee CalPERS contribution. L .De p e n d e n t C a re a n d M e d i c a l E x p e n s e R e i m b u rs e m e n t The District will provide a Dependent Care Plan and Medical Expense Reimbursement Plan in accordance with Internal Revenue Code Section 125. Such plans enable employees to deposit funds into the plan and to pay for dependent care and unreimbursed medical, dental, or other health care expenses on a pre-tax basis. M .R e ti re e M e d i c a l C ove ra g e An employee who retires from the District and who begins receiving CalPERS retirement benefits within one hundred twenty (120) days of separation from District employment will Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 21 be eligible to continue his/her CalPERS medical plan coverage during retirement. The District will contribute Three Hundred Fifty Dollars ($350.00) per month toward the cost of such employee’s retiree medical plan premium. SS e c ti on 6.2 Work e rs ’ C om p e n s a ti on /I n d u s tri a l I n j u ry or I l l n e s s If, during the performance of assigned duties, an employee sustains an industrial injury or illness covered by Workers’ Compensation, the District shall augment Workers’ Compensation, long term disability, and other benefits in order to provide for full pay for the disabled employee up to a maximum of ninety (90) days in a twelve month period without use of the employee's accrued leave time; except that the employee must use accrued leave time to cover the three (3) day waiting period for Workers’ Compensation temporary disability payments, unless the employee is hospitalized as an inpatient or unable to work more than fourteen (14) days. All industrial injuries or illnesses must be immediately reported to the employee’s supervisor or Human Resources personnel so that appropriate report forms can be completed. Temporary disability benefit coverage will also apply to follow-up medical appointments that occur during work time as a result of an industrial injury or illness covered by Workers’ Compensation. The employee must notify the supervisor of all such medical appointments that occur during work time in the same manner as Section 7.5 B. Sick Leave Usage. Temporary disability benefit coverage will not be provided if the District offers the employee a modified duty assignment within the employee's medical limitations and the employee declines the modified duty assignment. A. M od i fi e d Du ty In cases of injury or illness, or pregnancy, an employee may return to work for modified duty upon approval of District administration and in consultation with the employee's treating physician. The length of modified duty will vary depending upon the situation, but modified duty is a temporary, not permanent, assignment. The employee shall continue to receive his/her pre-injury or illness base pay during the modified duty. Approval for modified duty shall be based upon the District's ability to provide work consistent with the employee's qualifications, medical limitations, and the length of time of the limitations. The District may consult its own physician in determining the employee’s work limitations. The District follows general principles of reasonable accommodation for determining temporary modified duty assignments. Modified duty requests shall be made to the employee's immediate supervisor with appropriate documentation from the treating physician specifying the nature and duration of the work limitations. The supervisor will review the request and the documentation for completeness and immediately forward them to the Department Manager, who will then consult with Human Resources to determine if appropriate work is available at the employee’s workstation before assigning the employee to another workstation. An employee on modified duty will be required to accept any modified duty assignment, schedule and/or work location within the District that is consistent with his or her limitations. The decision of the District with respect to modified duty assignments, schedule or work location is final, and is not subject to any grievance or appeal process. The duration, number and nature of modified duty assignments are subject Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 22 to the needs of the District. No employee has any entitlement to any modified duty assignment of any kind or of any length. If at any point it is determined that the employee is permanently prevented from returning to his or her usual and customary occupation, the District will initiate the interactive process to the extent required by law. SS e c ti on 6.3 P rofe s s i on a l De ve l op m e n t A. E d u c a ti on a l Op p ortu n i t i e s 1) All District employees are encouraged to pursue educational opportunities that directly relate to their work, as well as other opportunities that will add to the employee's education and/or skill level and are intended to prepare the employee for future job assignments with the District. 2) Employees who register for courses that are determined by the District to be of direct and significant benefit to the District may receive reimbursement for tuition, fees and book expenses incurred while taking approved courses. Application shall be made on forms provided by the District and must be approved in advance of taking the course by the department manager and the head of Human Resources. 3) The limit to the amount of tuition and book reimbursement, which may be made per fiscal year per employee, is determined by the Board of Directors and is currently $800.00. The amount approved by the department manager is subject to department budgetary limits. 4) All approved reimbursements shall be made upon the satisfactory completion of course work and the obtaining of a minimum passing grade of "B" or an equivalent passing rating. 5) Employees shall not be compensated for time spent in attendance at educational opportunity courses. B . T ra i n i n g Hours spent in a required training that results in an hourly employee working in excess of the normal forty-hour workweek, will be compensated in accordance with FLSA regulations. C .C on fe re n c e /C on ve n ti on Atte n d a n c e Decisions concerning an employee's request to attend a conference, convention, or other meeting at the District's expense shall be authorized in advance by the Department Manager. Permission shall be granted on the basis of the employee's participation in or the direct relation of the employee's work to the subject matter of the conference. Members of professional organizations and/or societies may be permitted to attend regular meetings of the organization and/or society when such attendance is considered to be in the best interest of the District. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 23 DD.P rofe s s i on a l Du e s a n d M e m b e rs h i p s See Administrative Policy – Request for Partial Reimbursement of Professional Dues/Memberships. S e c ti on 6.4 U n i form C om p e ns a ti on for F i e l d S u p e rvi s ory S ta ff A. N e w H i re s Newly-hired employees working in the classifications of Visitor Services Manager, Land and Facilities Manager, Area Superintendent, Supervising Ranger, Area Manager, and Maintenance Supervisor will receive their initial regular uniform items from the District at no cost to the employee as outlined by the regular uniform items list per the job classification. The General Manager or designee may authorize additional uniform items if he/she desires. The District will report the uniform allowance on an annual basis to CalPERS in July each year for the preceding fiscal year. The uniform allowance amount reported to CalPERS will derive from the District’s total fiscal year costs for providing and maintaining the employee’s uniforms, not to exceed $1,500 per year, per employee. B . Al l ow a n c e Am ou n t The General Manager shall set the annual allowance for replacing worn-out regular or optional uniform items by the beginning of the fiscal year (i.e., July 1st of each year). The District will pay any additional cost for oversized uniform items that are commercially available (not custom or tailored items). C . E l i g i b i l i ty /P rora ti n g Employees will become eligible to use the uniform allowance at the completion of their probationary period. With respect to the time between the probationary period completion date and the next July 1, the allowance will be prorated based on a full year's allowance. D. F u l l Al l ow a n c e Employees will have access to a full year's uniform allowance on July 1 following their probationary period completion date and every July 1 thereafter. E . Di re c t U s e a n d R e s p on s i b i l i ty Employees will use the uniform allowance directly with vendors. F . P rovi d e d I te m s (N o C os t) As set out in the Field Employees Association Memorandum of Understanding, in addition to the uniform allowance items referred to in the regular uniform list in the job classification, the District provides District-owned items to field employees (e.g., coveralls) at no cost to the employees. All items covered by this section remain the property of the District and will be returned to the District upon separation from District employment. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 24 GG. B oots , C ove ra l l s , R a i n c oa ts a n d R a i n p a n ts In addition to the uniform allowance items referred to in the regular uniform list, the District will provide work boots, coveralls, and adequate rainpants and adequate hooded raincoats to the employees. These items will be replaced at the request of the employee, on approval of his/her immediate supervisor. The District will provide steel-toed work boots at the employee’s request. All items covered by this section, with the exception of work boots and optional raingear purchased all or in part with uniform allowance money, remain the property of the District. H . B oot R e p l a c e m e n t This policy will be the same as set out in the Field Employees Association Memorandum of Understanding then in effect. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 25 PP OL I C Y 7 L E AVE T I M E The General Manager sets the holiday schedule annually for all District employees. S e c ti on 7.1 H ol i d a y s A. Ad m i n i s tra ti ve Offi c e S ta ff, Are a S u p e ri n te n d e n ts a n d Are a M a n a g e rs Annual holidays shall normally consist of: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving The day after Thanksgiving Last workday preceding the Christmas Day observance Christmas Day B .S u p e rvi s i n g R a n g e rs a n d M a i n te n a n c e S u p e rvi s ors Annual holidays shall normally consist of: New Year's Day Martin Luther King Jr. Day Presidents' Day Cesar Chavez Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving The day after Thanksgiving Last four hours of last workday preceding the Christmas Day observance Christmas Day C . R e g u l a r p a rt-ti m e e m p l oy e e s are eligible for the same paid holidays on a pro rata hour basis according to the average number of hours they work, unless greater employer contributions are required by law. D. U s a g e 1) If a paid holiday falls on Saturday, the holiday shall be observed on the preceding Friday. If a paid holiday falls on Sunday, the holiday shall be observed on the following Monday. For employees scheduled to work Saturday and Sunday, holidays will be observed on the actual day they occur. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 26 2) Holidays, which occur during an employee’s vacation, shall not be charged against vacation time. 3) An hourly employee who is assigned to work on a scheduled holiday has three choices for compensation: a) One and one-half times his/her regular rate of pay plus a replacement holiday within the following two weeks, provided the supervisor and the employee can reach mutual agreement on the replacement day; or b) One and one-half times his/her regular rate of pay plus the corresponding number of hours added to his/her holiday bank; or c) Two and one-half times his/her regular rate of pay. 4) When a holiday falls on a regularly assigned day off, an hourly employee will receive the corresponding number of hours in his/her holiday bank. 5) The holiday bank will be administered according to the following provisions: a) Employees who wish to schedule time off covered by the holiday bank shall submit requests to their supervisor. Such requests shall be approved with due consideration for the desires of the staff and for the requirements of the work location. Holiday time off requests shall normally consist of 8-hour increments. b) Any time remaining in the holiday bank at the end of the calendar year shall be paid to the employee in cash at the current rate of pay by December 31st of the same calendar year subject to subsection d below. c) Employees who terminate during the calendar year shall be paid for all time remaining in their holiday bank at the current rate of pay. d) Employees assigned to work the last four hours of the workday preceding Christmas Day and/or Christmas Day or whose regular days off occur on the holidays may convert up to twelve (12) unused holiday hours to vacation. 6) Only an employee who is in paid status five (5) days before and five (5) days after a holiday shall be eligible for paid holiday benefits as described herein; this requirement will not be applied to the annual closure of the District’s Administrative office during the winter holiday week. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 27 SS e c ti on 7.2 P e rs on a l L e a ve A. Al l otm e n t Regular full-time employees shall earn thirty-six (36) hours Personal Leave time each calendar year. Notwithstanding the above, regular full-time Supervising Rangers and Maintenance Supervisors shall earn thirty-two (32) hours personal leave time each calendar year. Regular part-time employees shall earn a pro-rated number of hours of personal leave time according to the average number of hours worked. B .Ac c ru a l Employees shall accrue Personal Leave throughout the year, pro-rated for each pay period. C . U s a g e 1) Supervisor approval is required for use of Personal Leave and shall normally be granted if the employee provides reasonable advance notice, and if the granting of the time off does not unduly disrupt District operations. Except in emergency situations in which reasonable advance notice could not be given, no reason for use of personal leave need be given. 2) Personal Leave hours must be taken in one-half hour minimum increments. 3) Should an employee terminate his/her employment with the District, any Personal Leave the employee has remaining in his/her leave bank shall be paid to the employee at his/her current hourly rate of pay. S e c ti on 7.3 Ad m i n i s tra ti ve L e a ve – S a l a ri e d E m p l oy e e s A. Allotm e n t Administrative Leave time will be granted to salaried employees as follows: 1) The At-Will Managers will receive sixty-four (64) hours of Administrative Leave time per calendar year. 2) Salaried employees who are required to regularly attend night and/or weekend meetings, training, or other activities shall be eligible to receive a minimum of sixteen (16) hours and a maximum of forty (40) hours of Administrative Leave per calendar year. The General Manager, upon Department Manager recommendation, shall determine the amount of Administrative Leave allotted to each salaried employee by January 1st each year. Adjustments to the allotment can be made on a quarterly basis if the amount of night and/or weekend work requirements of the District change during the course of the year. 3) All other salaried employees will receive sixteen (16) hours of Administrative Leave per year. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 28 4) Employees who are in unpaid leave status during any quarter will receive a prorated amount of Administrative Leave in the next quarter. 5) An annual payroll memo listing the number of administrative leave hours will be sent to each employee in the first pay period of each calendar year. BB . Ac c ru a l Each regular District employee shall accrue Administrative Leave throughout the year, pro-rated for each pay period. Employees may accrue a maximum of the total amount of Administrative Leave for which they are eligible each calendar year. Employees who reach this limit will not accrue any additional Administrative Leave unless and until the amount of their accrued Administrative Leave falls below the accrual limit. In that event, the employee will commence Administrative Leave accrual until the maximum amount of their accrued Administrative Leave reaches the maximum total annual accrual limit. C . U s a g e 1) Supervisor approval is required to use Administrative Leave. 2) Administrative Leave time must be taken in one-half hour minimum increments. S e c ti on 7.4. Va c a ti on A. Ac c ru a l 1) Each regular District employee shall earn vacation time according to his/her years of service as noted in the chart below and the number of hours paid to the employee during any given pay period. All regular part-time District employees shall earn vacation time on a pro-rata basis in accordance with the number of hours paid, exclusive of overtime. Years of Service Earnings per Hour Paid Equivalent 8-Hour Days per Year (Full-time) 1-9 0.05769 hr. 15 10 – 14 0.07692 hr. 20 15 – 19 0.08077 hr. 21 20 – 24 0.08846 hr. 23 25+ 0.09615 hr. 25 2) Employees may accrue up to two times the amount of their annual vacation. Employees who reach this accrual limit will not earn any additional vacation days unless and until the amount of their accrued vacation time falls below the accrual limit. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 29 BB . U s a g e 1) Vacation shall be taken in minimum increments of one-half hour. 2) Department Managers or their designee shall approve vacation requests from their respective staff members with due consideration for the desires of the entire staff and for the work requirements of the department or field office. Vacation schedules may be altered to allow the department or field office to meet emergency or unanticipated situations. 3) An employee who has a minimum of 120 hours vacation leave balance on either June 1 or December 1 of each year may elect to cash out up to forty (40) hours of such leave twice per year, in June and December. Such requests must be received in writing by June 15 or December 15 of each calendar year and shall be paid to the employee on or before June 30th or December 30th. 4) Upon termination, an employee shall be paid at his/her current hourly rate of pay for any vacation accrued but not used. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 30 SS e c ti on 7.5 S i c k L e a ve A. Ac c ru a l All regular full-time District employees shall earn sick leave at a rate of 0.04615 hours per paid hour for a total of 12 days per calendar year. A calendar year is defined as the District’s payroll calendar year (January – December). Sick leave shall accrue from the date of employment and may be accumulated on an unlimited basis. This Section 7.5 is intended to comply with the California Paid Sick Leave Law and Labor Code section 233 (“Kin Care”). B . U s a g e 1) Sick leave is leave from duty which may be granted by the District to an employee because of his or her own illness or injury, or for the reasons specified below. Employees are eligible to use sick leave for the following reasons: a) Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee. b) Personal illness or physical disability. c) Quarantine by a physician. d) Health care appointments including medical, dental, vision or Employee Assistance Program. e) Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s immediate family member, subject to subsection 5 below. f) Being a victim of domestic violence, sexual assault, or stalking. g) Worker's Compensation. h) For any other reason the law may permit. 2) Sick leave shall be taken in minimum increments of one half hour. 3) Any employee who is unable to report to work because of any of the reasons noted above shall report the reason for absence to his/her supervisor as soon as reasonably possible, and no later than the designated starting time each day he/she is unable to report to work unless physically unable to do so. In the event the employee is physically unable to report the absence prior to the employee’s start time, the employee should report the absence to the supervisor as soon as reasonably possible. Sick leave with pay may not be authorized for compensation unless such a report is made. For a prolonged illness, special arrangements regarding notifying a supervisor may be made. 4) Upon resignation, separation from service, or retirement from District employment, employees in good standing with ten (10) or more years of District employment will receive a cash payment of the equivalent cash value of accrued sick leave as follows: Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 31 Years of Employment Percentage of Equivalent Cash Value of Accrued Sick Leave 10 – 15 20% 16 – 20 25% 21 or more 30% An employee hired before August 9, 2006 who retires from the District shall receive a cash payment of the percentage of equivalent cash value of accrued sick leave based on years of employment as described above, and apply the remainder of the equivalent cash value toward his/her cost of retiree medical plan premiums and/or other qualified medical expenses. Upon retirement, the amount qualified and designated for retiree medical costs shall be deposited in the Retiree Health Savings (RHS) plan, set up by the District. The cost for maintaining the retiree’s RHS account and the annual fee for the reimbursement process of qualified medical expenses will be paid for by the retiree. An employee hired on or after August 9, 2006 who retires from the District may elect to receive only a cash payment of the percentage of equivalent cash value of accrued sick leave based on years of employment as described above. In all cases the equivalent cash value of accrued sick leave will be based on current rate of pay as of the date of separation from District employment. 5) An employee may use up to 80 hours per calendar year for the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s immediate family member. An employee’s immediate family member shall consist of the employee’s: x Spouse or registered domestic partner x Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the child stands in loco parentis) x Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child) x Grandparent x Grandchild, or x Sibling 6) If an employee is ill on a designated paid holiday, the holiday shall be charged as holiday time and shall not be charged against sick leave. 7) An employee who is injured or becomes ill while on pre-approved vacation leave may submit a request in writing to the head of Human Resources to modify the approved leave from vacation to sick leave provided that the employee meets the Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 32 requirements for usage of sick leave under this section, and presents a supporting statement indicating the employee’s need for sick leave signed by a health care provider covering the period for which sick leave is claimed. 8) An employee absent on paid sick leave five (5) days or more may be required to submit to the appropriate supervisor verification from a health care provider of his/her illness or injury and ability to return to work. An employee absent on paid sick leave five (5) days or more in order to care for an immediate family member as defined in this section will be required to submit (to the appropriate supervisor), verification from a health care provider of the family member's illness or injury and the inability of that person to care for his/her needs independently. 9) If an employee uses all of his or her accrued sick leave, the employee may request his or her accrued vacation leave be deducted for each day absent due to illness or injury. The employee may also consult with Human Resources to determine whether he or she is eligible for Family and Medical Leave, disability leave, or an advance of sick leave in accordance with subsection 10 below. 10) If an employee has exhausted or will exhaust his or her accrued sick leave, up to 10 days of sick leave may be advanced to an employee by the General Manager or designee on a case-by-case basis to cover the employee's absence. The employee must submit the request in writing to his/her supervisor in advance of the absence for which the sick leave is requested. The General Manager or designee may request supporting statements from the employee's health care provider. Upon termination, the employee must reimburse the District for any advanced sick leave not covered by subsequent leave accrual. SS e c ti on 7.6 B e re a ve m e n t L e a ve A leave of absence with pay not to exceed three consecutive working days will be granted a regular District employee in the event of the death of a member of the employee's immediate family. The head of Human Resources may allow the use of accrued sick leave for up to two days to supplement the three days of bereavement leave when travel to distant locations or other circumstances require the employee's absence in excess of three days. For purposes of bereavement leave, "immediate family" shall mean the employee’s spouse or domestic partner (as defined in the Sick Leave section), parents, grandparents, step-parents, mother or father-in-law, grandmother or grandfather-in-law, children, step children, grandchildren, son or daughter-in-law, brother or sister, brother or sister-in-law, aunt or uncle of the employee or spouse/domestic partner, or any relative living in the immediate household of the employee. S e c ti on 7.7 Wi tn e s s /J u ry Du ty A leave of absence with pay will be granted a regular District employee subpoenaed as a witness in a matter related to an event or transaction involving the employee which occurred in the course of his/her duties or called for jury duty as long as any compensation the employee receives for Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 33 such duty, except for meal and mileage reimbursements, is waived or signed over to the District. Regularly scheduled work time lost because of such duty shall not affect the employee's accrual of vacation, sick, or personal holiday time. SS e c ti on 7.8 M i l i ta ry L e a ve A. R e -E m p l oy m e n t R i g h ts of E m p l oy e e s R e tu rn i n g from M i l i ta ry Se rvi c e Employees returning from military leave may be reinstated provided that: 1) The employee was a regular District employee prior to taking military leave; 2) The employee gave advance written or verbal notice to the District of the leave; 3) The cumulative length of absence and of all previous absences of employment with the District because of military service does not exceed 5 years; 4) Reinstatement would not pose an undue hardship on the District; 5) The returning employee must report back to work in accordance with the provisions of the United States Employee and Employment Rights Act (USEERA): a) Employees returning from military leave of less than 31 days must report for employment no later than the beginning of the first full regularly scheduled work period on the first full calendar day following completion of service; b) Employees returning from leave of more than 30 days but less than 181 days must report for employment no later than 14 days after completion of service; c) Employees returning from leave of more than 180 days must seek reinstatement within 90 days after completion of service. B . Employees taking leave for military service for active duty or training may be entitled to pay as described by the Military and Veteran’s Code sections 395.02 and 395.05. S e c ti on 7.9 L e a ve of Ab s e n c e A. F a m i ly M e d i c a l L e a ve Ac t (F M L A)/C a l i forn i a F a m i l y R i g h ts Ac t (C F R A) P re g n a n c y Di s a b i l i ty L e a ve (P DL )/C a ta s trop h i c L e a ve P rog ra m Please see Appendix B for information regarding Leave of Absence under FMLA and/or CFRA; or information regarding Pregnancy Disability Leave (PDL) see Appendix D; and for information regarding the Catastrophic Leave Program see Appendix A. B . Ge n e ra l U n p a i d L e a ve 1) A leave of absence without pay and benefits for a period of at least six days but not to exceed four (4) months may be granted a regular District employee who has been in the service of the District for at least one year and who has no more than two weeks of vacation accrued at the time of the commencement of the leave, provided such a leave can be scheduled without adversely affecting the operations of the District. Request for such a leave shall be directed in writing to the General Manager and shall contain justification for the leave. 2) A short-term leave of absence without pay for up to five (5) days per fiscal year may Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 34 be granted a regular District employee who has successfully completed the probationary period and who has no more than two weeks of vacation accrued at the time of the commencement of the leave, provided such a leave can be scheduled without adversely affecting the operations of the District. Requests for such a leave shall be approved by the employee's department manager. 3) If the approved leave of absence is more than five (5) working days but less than four (4) weeks, the employee will be required to reimburse the District for the pro-rata share of the employee's benefit costs. If the approved leave of absence exceeds four (4) weeks, the employee may, to the extent available under the applicable plan, elect to continue health, dental, life insurance, and other insurance benefits, in which case premiums for such extended coverage shall be paid fully by the employee. 4) Adjustment of Anniversary Date/Vacation Accrual: If an employee is on leave of absence without pay in excess of twenty working days, the employee's anniversary date for purposes of evaluation, pay increases and vacation accrual shall be extended by the number of days included in the period of leave without pay. SS e c ti on 7.10 T i m e Off T o Vote If an employee does not have sufficient time outside of working hours to vote in a statewide election, he/she may, without loss of pay, take off up to two hours of working time to vote. Unless otherwise approved in advance by the employee’s supervisor, such time must be at the beginning or the end of the regular working shift, whichever allows the most free time for voting and the least time off from working. Employees must notify the District at least two working days in advance to arrange a voting time. In addition, an employee may serve as an election official on Election Day by taking unpaid time off or utilizing, unused accrued vacation leave time. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 35 PP OL I C Y 8 E M P L OYE E C ON DU C T AN D DI SC I P L I N E S e c ti on 8.1 P u rp os e /P roc e d u re Discipline is action taken by the District designed to modify and improve employee conduct or performance, except in the case of termination. The objective of the disciplinary program includes educating employees about the type of conduct or performance expected of them, providing appropriate and equitable consequences for inappropriate or below standard conduct or performance and providing a record of corrective action taken by the District. Whenever appropriate, District Supervisors will utilize counseling and coaching of an employee to improve conduct or performance prior to disciplinary action. The District has discretion to select a disciplinary penalty, in light of the severity of the offense, and/or the number, frequency and length of time since the previous acts of misconduct or performance deficiencies. S e c ti on 8.2 C on d u c t S u b j e c t to Di s c i p l i n e Disciplinary action, up to and including termination, may be imposed for behavior including, but not limited to, the following: 1) Fraud or deception in securing employment or promotion, including, but not limited to, giving false or misleading information on an application form, application supplement, or interview; 2) Violating safety rules or practices, conducting one’s self in an unsafe manner, or failure to report unsafe situations or creating unsanitary conditions; 3) Damaging District property through negligence or misconduct and/or failure to report damage; 4) Misuse of District work time, or theft or misuse of District property, funds or equipment, including use for personal purposes; 5) Rude, discourteous offensive or abusive treatment of others, including the public, failure to maintain cooperative and effective working relationships with others, disrupting the work of others, or threats of any kind; 6) Incompetence, inefficiency, inattention or negligence in the performance of duties; 7) Below standard work performance or failure to maintain the minimum qualifications for the position, including any required licenses; 8) Misusing or failing to use delegated authority in the performance of duties and/or unauthorized use of District badges, identification or uniforms; 9) Maintaining personal appearance in a manner not appropriate for the job or job safety, or in a manner which discredits the District; Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 36 10) Abuse or misuse of leave or un-excused, unauthorized, excessive or patterned absenteeism, failure to comply with absence or leave reporting procedures, or leaving duty or assigned work location without proper approval or appropriate reason; 11) Failure to keep required work hours, including tardiness in reporting to work or returning from meal or rest breaks or to meetings or other assignments; 12) Conduct unbecoming an employee of the District either on or off duty, where such behavior discredits the District; 13) Violation of District and/or department rules, regulations, procedures and policies or ordinances; 14) Failure to exercise good judgment in the performance of one’s job; 15) Unauthorized access, possession, destruction, and/or duplication of District records, including the unauthorized release of confidential records; 16) Insubordination (failure or refusal to follow directions); 17) Dishonesty, fraud or deception including falsification of District records or documents; 18) Any conviction by a court which would be incompatible with the work performed for the District, including an offense committed off duty. SS e c ti on 8.3 F i rs t L e ve l Di s c i p l i n e First Level discipline shall be administered by the Supervisor under the direction of the Department Manager or Area Superintendent. First Level discipline is not subject to the notification or appeal process described in this policy. Failure on the part of the employee to show sufficient improvement at each step of the disciplinary process could result in further disciplinary action, up to and including termination. First Level discipline consists of the following: 1)Ora l Wa rn i n g is an oral notice advising the employee that his/her behavior or performance must be improved and that the notice is an Oral Warning under the discipline policy. The supervisor will record the date and content of the oral warning. 2)Wa rn i n g N oti c e is a written warning to the employee describing the employee’s behavior or performance which must be improved, and shall be retained in the employee’s personnel file. Upon written request of the employee, the warning notice will be purged from the employee’s file after one (1) year, if the employee shows consistent improved behavior as determined by the employee’s Supervisor, and acknowledged by the Department Manager or Area Superintendent. 3)Wri tte n R e p ri m a n d is a written notice to the employee to immediately correct or improve behavior or performance. Whenever appropriate, the Written Reprimand will Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 37 include a written Plan-for-Improvement. The written reprimand becomes a permanent part of the employee’s personnel file. SS e c ti on 8.4 S e c on d L e ve l Di s c i p l i n e Second Level discipline may be recommended by the Supervisor or Department Manager. If a Supervisor recommends Second Level Discipline, it must be approved by the Department Manager. The head of Human Resources or designee will approve and administer Second Level Discipline. Second Level discipline becomes a permanent part of the employee’s personnel file. Second Level discipline is subject to Notice to Employees in Section 8.5. An employee receiving a Second Level discipline may also utilize the Appeal Process set out in Section 8.6. Second level discipline consists of the following: 1) S u s p e n s i on Wi th ou t P a y a n d B e n e fi ts is the temporary removal of an employee from the employee’s duties without pay and without benefits. Failure on the part of the employee to show immediate and sufficient improvement upon return to duty could result in further disciplinary action, up to and including termination. Unless expressly approved by the General Manager, an employee suspended without pay and benefits cannot use vacation, personal, administrative, sick or CTO time during the suspension period. 2) De m oti on /R e d u c ti on i n P a y S te p is the temporary reduction in the classification and/or pay of an employee for a specified period of time and a specified amount of pay. Demotion can also be a reduction in pay step of the employee for a specified period of time and specified amount of pay. 3) T e rm i n a ti on of employment. S e c ti on 8.5 N oti c e to E m p l oy e e s of S e c on d L e ve l Di s c i p l i n a ry Ac ti on Prior to imposing a Second Level disciplinary action, the District shall provide a written Notice of Proposed Disciplinary Action informing the employee of his/her right to a pre- disciplinary hearing. A. T h e N oti c e of P rop os e d Di s c i p l i n a ry Ac ti on shall include: 1) A description of the discipline proposed; 2) A statement of the reasons for which the action has been proposed and the policies, procedures or rules that are alleged to have been violated; and, if applicable, a list of any previous disciplinary actions, counseling, evaluations or other relevant actions which support the proposed discipline; 3) Copies of any documents the District relied upon in reaching a decision to propose the discipline action; 4) A statement advising the employee that he/she may make a written request for pre- disciplinary meeting regarding the proposed disciplinary action, before it takes effect; Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 38 5) The name of the person to whom the request is to be made, and the last date upon which a request may be made, which shall be no less than seven (7) days from the delivery of the Notice of Proposed Disciplinary Action to the employee. BB . R e s p on s e to N oti c e of P rop os e d Di s c i p l i n a ry Ac ti on Failure by the employee to respond to the Notice of Proposed Disciplinary Action within the period allowed (See A. 5 above) shall result in disciplinary action taking effect as proposed. In lieu of a pre-disciplinary meeting, the employee can submit a written statement in response to the Notice of Proposed Disciplinary Action within the time period allowed in the Notice. C . P re -d i s c i p l i n a ry M e e ti n g Provided the employee makes a timely request, the Assistant General Manager, CFO/Director of Administrative Services, or head of Human Resources will hold a pre- disciplinary meeting. The purpose of the meeting is to allow the employee to respond to the Notice of Proposed Disciplinary Action, and to present any relevant information or mitigating circumstances. The employee may have a representative present. The Assistant General Manager, CFO/Director of Administrative Services, or head of Human Resources may affirm, revoke or modify the proposed disciplinary action upon any of the following: 1) After considering the employee’s response at the pre-disciplinary meeting, or 2) After considering a timely pre-disciplinary written response, or 3) After expiration of the employee’s time to respond to the Notice of Proposed Disciplinary Action without receipt of a timely response. A decision to affirm or modify the proposed discipline will be reflected in a subsequent written Notice of Disciplinary Action. The Notice of Disciplinary Action will notify the employee of his or her right to appeal the discipline under the provision of Section 8.6 if the Assistant General Manager or CFO/Director of Administrative Services decides to impose second level disciplinary action, or if the employee is entitled to appeal the discipline under Section 8.9. S e c ti on 8.6 P os t Di s c i p l i n e Ap p e a l P roc e s s Any regular non-probationary and non at-will employee shall have the right to appeal any Second Level disciplinary action. The following shall apply: 1) A Request for Appeal shall be made in writing, signed by the employee and filed with the head of Human Resources within ten (10) business days of the Notice of Disciplinary Action. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 39 2) Upon receiving a timely Request for Appeal, the head of Human Resources shall arrange for an appeal hearing with the General Manager and shall notify the employee of the date and time of the hearing. The General Manager may appoint a Hearing Officer to hear the appeal and to recommend a decision to the General Manager. 3) The employee shall appear personally before the General Manager or Hearing Officer and may be represented by a representative or counsel of his/her choice. In the event that the employee fails to personally appear, without satisfactory proof of a good cause, the appeal shall be deemed waived. 4) All parties and witnesses to be heard at the hearing shall be sworn and shall testify under oath. The hearing shall be recorded. The District Clerk has the authority to issue subpoenas in the name of the District. Each party is responsible for serving its own subpoenas. All parties have the right to: introduce evidence; present witnesses; cross- examine opposing witnesses; impeach any witness; rebut evidence against him or her; and to be represented by counsel at their own expense. 5) The hearing shall not be conducted according to formal rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be admitted, but it may not be the sole basis upon which a finding is made. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon the request of either party. The District has the burden of proof of the basis, by a preponderance of the evidence, for the disciplinary action. The hearing will be closed to the public unless the employee requests it to be open. 6) Upon conclusion of a hearing and completion of the administrative record, the General Manager shall prepare his/her decision in writing within forty-five (45) working days. 7) In the event a Hearing Officer was used, the following steps shall apply: a) The Hearing officer shall prepare his/her advisory findings and recommendations to the General Manager within forty-five (45) working days following the conclusion of the hearing and completion of the administrative record. b) The General Manager shall review the Hearing Officer’s advisory findings and recommendation(s), the evidence and transcripts of the hearing, and the briefs of the parties, if any. The General Manager shall then prepare his/her decision on the appeal within forty-five (45) working days following receipt of the Hearing Officer’s written recommendation. c) The General Manager may accept, reject or modify the Hearing Officer’s recommendation(s) and shall include the reasons for rejection or modification, if Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 40 applicable. The employee is entitled to a copy of the Hearing Officer’s Recommendations. d) The decision of the General Manager is final and binding. The General Manager shall send his or her written decision, along with a proof of service of mailing, to each of the parties and the parties’ representatives. Pursuant to Civil Code Section 1094.6 the parties have 90 days from the date of proof of service of mailing of the written decision to appeal the decision to the Santa Clara County Superior Court. SS e c ti on 8.7 Wa i ve r of T i m e L i m i ts or Oth e r P rovi s i on s of t h e Ap p e a l P roc e s s Understanding that extenuating circumstances can occur for either party, any time limits or procedures specified in this Policy 8 may be waived upon mutual written consent of the District and the employee. S e c ti on 8.8 N o I n te rru p ti on of Work Reasonable District work time shall be provided the employee to meet with his/her representative. The employee shall give his/her Supervisor reasonable prior notice of the date and estimated time needed. The Supervisor shall document such requests and the actual time taken. S e c ti on 8.9 P e a c e Offi c e r B i l l of R i g h ts The Appeal Process set out in Section 8.6 shall constitute the administrative appeal required by Section 3304(b) of the Public Safety Officers Procedural Bill of Rights (POBR). An employee who is the subject of punitive action that entitles him or her to an administrative appeal under POBR may appeal such action by use of the process set out in Section 8.6. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 41 PP OL I C Y 9 GR I E VAN C E P R OC E DU R E A. The General Manager, after appropriate actions described below, shall promptly consider employee grievances relating to employment conditions and take action, which he or she deems appropriate. This process excludes disciplinary appeals which are governed by Policy 8 above. However, informal resolution of all grievances between the employee or employees and immediate supervisor(s) is encouraged. This policy and procedure applies to unrepresented employees only. B . The following steps shall be followed in submitting and processing a grievance, which has not been informally resolved: Step 1. If the aggrieved employee or group of employees is not satisfied with their immediate supervisor's reply to their oral grievance, they shall present their oral grievance to each supervisory level in their work unit, including the Department Manager if necessary. At each step up to and including the Department Manager, replies shall be given the aggrieved employee(s) within five (5) working days of the grievance's presentation date. Step 2. If the oral grievance is not settled in Step 1, it shall be put in writing, dated, and signed by the aggrieved employee or group of employees and presented to the head of Human Resources within five (5) working days after the Department Manager's oral reply was given, not including the day on which the answer was given. The head of Human Resources shall reply in writing to the grievance within five (5) working days of the date of the presentation of the written grievances, not including the day of its presentation. The Administration and Human Resources Manager may consult with intermediate supervisors as necessary during the grievance procedure. Step 3. If the written grievance is not settled in Step 2, it shall be put in writing, dated and signed by the aggrieved employee or group of employees and presented to the General Manager within five (5) working days after the head of Human Resources' written reply was issued, not including the day on which the answer was given. The General Manager shall reply in writing to the grievance within five (5) working days of the date of presentation of the written grievance, not including the day it was presented. The General Manager may conduct whatever research and/or hearings he or she deems necessary or be required by other applicable law before rendering a decision. If such a hearing is called, it shall be conducted with a recording or written summary of the proceeding. C . The decision of the General Manager shall be final and binding on the employee or the group of employees. D. Any grievance not taken to the next step within five (5) working days after receipt of a decision in the previous step shall constitute an action of acceptance, and the grievance shall be considered settled. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 42 EE . The time limits prescribed in this section for the initiation and completion of the steps of the grievance procedure may be extended by mutual consent of the parties involved. Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing, and shall be signed by all parties involved. F . Employees are free to use this Grievance Procedure without fear of retaliation. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 43 AAP P E N DI X A C AT AS T R OP H I C L E AVE P R OGR AM S e c ti on A. 1 P u rp os e The Catastrophic Leave Program is designed to assist District employees (called receiving employees) who have exhausted paid time credits due to a serious, catastrophic or debilitating illness, injury or condition of the employee or of a member of the employee's immediate family (as defined in the Policies and Procedures). This program allows other District employees (called donating employees) to make grants of time to a bank maintained by Human Resources so that qualified employees can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness, injury or condition. The grants of time donated are converted to sick leave for use by qualified employees. S e c ti on A. 2 C on d i ti on s for R e c e i vi n g E m p l oy e e s There are four criteria for eligibility as a receiving employee. The receiving employee must: 1. Be a regular full- or part-time District employee; 2. Exhaust all available paid leave time, including sick leave* 1, vacation, personal leave, holiday or holiday bank time, and compensatory time off; 3. Have a sustained, serious or debilitating illness, injury or condition which may need to be verified by a doctor's report, or have a member of the immediate family with a sustained, serious or debilitating injury, illness or condition which requires the employee's absence from work to care for the family member; 4. Be prevented from returning to work for at least thirty (30) days and have applied for a disability or family care leave of absence without pay. To apply to be a receiving employee under the Catastrophic Leave Program, an employee completes an Application for Catastrophic Leave. The application is submitted to Human Resources for approval. An employee may be asked to submit supporting medical documentation (i.e., a statement from his/her doctor) with the application. Approval or rejection for participation must be made by Human Resources within two (2) weeks after the completed application is submitted. An employee may be asked to verify his/her status for continuing eligibility for the program. Human Resources will periodically distribute a Donation of Accrued Time Credits form to all District employees so they can specify donations they wish to make to the bank. Benefits available to a receiving employee participating in the program will be treated as though the additional sick leave credited to him/her belongs to him/her. For as long as a receiving employee remains in a paid status, seniority, sick leave and vacation accrual and all benefits will continue as though the sick leave were his/hers. *1 In the event the General Manager has refused to extend the eighty (80) hour limit on sick leave usage for care of a family member, such refusal shall render this criterion fulfilled, even if the Receiving Employee retains sick leave on the books. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 44 The total credits received by the employee shall not exceed the amount of time the employee is required to be absent from work because of his/her medical condition and shall normally not exceed three (3) months; however, if approved by the General Manager, the total leave credits received may be up to a maximum of six (6) months. SS e c ti on A. 3 C on d i ti on s for Don a ti n g E m p l oy e e s Donations must be made to the bank on a form signed by the donating employee and submitted to the Human Resources Supervisor. The District will not identify donors. Employees may donate the following types of accrued time credits: Vacation time Personal paid leave time Holiday bank time Compensatory time off (non-exempt employees) Sick leave -- one hour of accrued sick leave may be donated for every two (2) hours of other types of accrued leave time Donations must be made in one-hour increments. The Human Resources Supervisor may utilize appropriate and reasonable mechanisms in administering the donations to assure that: 1. The employee receiving donations does not receive an excessive amount beyond his/her need; 2. Employees donating leave have sufficient sick leave time remaining. These objectives shall be accomplished by requiring that any donating employee has a minimum of forty (40) hours of sick leave balance after the donation is made. The donations will be converted to sick leave time and credited to the receiving employee's sick leave time balance on an hour-for-hour basis. The pay the receiving employee receives will be at his/her own rate of pay. Donations, once credited to the bank, are forfeited forever by the donating employee. In order to donate, an employee must submit a Donation of Accrued Time Credits form to Human Resources for processing. The District does not assume any tax liability for donated or received leave, and employees should confer with their own tax advisors for the tax implications for either donating or receiving leave under this provision. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 45 AAP P E N DI X B F AM I L Y AN D M E DI C AL L E AVE The District will authorize a leave of absence for eligible employees as Family and Medical Leave as required by the Federal Family and Medical Leave Act of 1993 (“FMLA”) and/or the California Family Rights Act (“CFRA”). The following provisions set forth certain rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the FMLA, and the California regulations implementing the CFRA. Unless otherwise provided by this policy, leave under this policy shall mean leave pursuant to the FMLA and CFRA. S e c ti on B . 1 E l i g i b i l i ty re q u i re m e n ts An employee is eligible for Family and Medical Leave under this policy if the employee: a) Has been employed by the District for at least twelve (12) months; and b) Has actually worked for at least 1,250 hours during the twelve- (12) month period immediately preceding the beginning of the leave. c) “12-month period” means a rolling twelve- (12) month period measured backward from the date leave is taken and continuous with each additional leave day taken. S e c ti on B . 2 R e a s on s for L e a ve Family and Medical Leave is permitted for the following reasons: a) The birth of a child or to care for a newborn of an employee; b) The placement of a child with an employee in connection with the adoption or foster care of a child; c) Leave to care for a child, parent, domestic partner or a spouse who has a serious health condition; d) Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position; e) Leave for a “qualifying exigency” arising out of the fact that an employee’s spouse, son, daughter, or parent is on covered active duty or call to active duty status (under the FMLA only, not the CFRA); or f) Leave (military caregiver leave) to care for a spouse, son, daughter, parent, or “next of kin” covered service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty or which existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces (this leave can run up to twenty-six (26) weeks or unpaid leave during a single twelve- (12) month period) (under the FMLA only, not the Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 46 CFRA). Single twelve- (12) month period means a twelve- (12) month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends twelve (12) months after that date. Family and Medical leave under CFRA is not available for leave for serious health conditions due to pregnancy or childbirth. Instead, California identifies a separate leave for this purpose as pregnancy disability leave. See the District’s Pregnancy Disability Leave policy (Appendix D) for more information or contact Human Resources. SS e c ti on B . 3 Du ra ti on of L e a ve An eligible employee is entitled to Family and Medical Leave as follows: Up to sixteen (16) workweeks of leave (or up to twenty-six [26] workweeks to care for a covered service member) during any twelve- (12) month period. This leave may be taken intermittently or as a reduced schedule, only with documentation of medical necessity for such leave. Upon the employee’s written request, and on a case-by-case basis, the General Manager may grant an extension of up to an additional eight (8) months for an employee’s own serious health condition. For birth, adoption or foster care placement bonding leave, leave must be concluded within one year of the birth or placement of the child. In addition, the minimum duration of leave is two (2) weeks. However, an employee is entitled to leave for at least one day, but less than two (2) weeks’ duration, on any two (2) occasions. Where FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. S e c ti on B . 4 S p ou s e s B oth E m p l oy e d b y Di s tri c t a) In any case in which spouses are employed by the District and qualify for leave, the aggregate number of workweeks of leave to be shared between spouses may be limited to sixteen (16) workweeks during any twelve- (12) month period if leave is taken for the birth or placement for adoption or foster care of the employees’ child (i.e., bonding leave). b) In any case in which spouses work for the District and qualify for leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to twenty- six (26) workweeks during any twelve- (12) month period if leave is taken to care for a covered service member. Except as noted above, these limitations do not apply to any other type of leave under this policy. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 47 SS e c ti on B . 5 R e q u e s t for L e a ve /R e q u i re d Doc u m e n ta ti on An eligible employee requesting such leave is re q u i re d to: a) Make the request in writing to the General Manager a minimum of 30 (thirty) days prior to a foreseeable need for leave, or as soon as possible for unforeseeable needs for leave. b) Supply supporting documentation from the attending health care provider to certify the need for leave before the requested leave date, or within 15 (fifteen) days after the request if it was not possible to provide certification earlier. c) Obtain all necessary certification forms or related documentation through Human Resources. If the District has reason to doubt the validity of a certification, the District may require a medical opinion of a second health care provider chosen and paid for by the District. If the second opinion is different from the first, the District may require the opinion of a third provider jointly approved by the District and the employee, but paid for by the District. The opinion of the third provider will be binding. An employee may request a copy of the health care provider’s opinions when there is a second or third medical opinion sought. S e c ti on B . 6 P a y a n d B e n e fi ts Wh i l e on F a m i l y a n d M e d i c a l L e a ve 1. Family and Medical leave is unpaid. However, the District requires an employee to use accrued sick leave if: a) The leave is for the employee’s own serious health condition; or b) The leave is for the employee to take care of the employee’s spouse, domestic partner, child, or parent who has a serious health condition, but in such circumstance, the amount of paid sick leave substituted for unpaid leave will be subject to the limitations set forth in Section 7.5 for Sick Leave and may run concurrently with any sick leave entitlements under Labor Code section 233 and/or the California Paid Sick Leave law (Labor Code section 245, et. seq.); or c) The leave is for another reason mutually agreed upon between the District and the employee. 2. District’s Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave Employees must exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave, with two exceptions: 1. Employees will be allowed to maintain up to 40 (forty) hours of unused, accrued paid leave while the employee is on family and medical leave. 2. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave if the leave is for the employee’s own serious health condition or another reason mutually agreed upon between the District and the employee, as indicated above in subsection (a). Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 48 An employee receiving supplemental paid benefits (such as State Disability Insurance or Paid Family Leave benefits) while on FMLA/CFRA leave is not on “unpaid leave.” Therefore an employee may, but is not required to, integrate any accrued leave, e.g. sick or vacation leave with supplemental paid benefits. The District and employee may mutually agree to coordinate such benefits with any available and applicable accrued leave up to the amount of compensation the employee would have received otherwise if working. 3. Accrual of Benefits: a) When an employee uses paid accrued leave hours (e.g. vacation, sick, holiday bank, personal, or administrative leave), benefit hours (sick, vacation, etc.) will continue to accrue at the same rate that applies if the employee was working those hours. Benefit hours will not accrue when an employee is in unpaid status. b) An employee will continue to be covered by the District’s group health insurance plan (medical, dental, vision, life and long-term disability) to the same extent that coverage is provided as if working, for a period of up to twelve (12) weeks, unless for military caregiver leave, then up to twenty-six (26) weeks, during the twelve- (12) month period. c) If the employee is disabled by pregnancy, the District’s group health insurance coverage will continue for up to four (4) months, or 17-1/3 weeks, per pregnancy. In the event an employee is disabled by pregnancy and also uses leave under the CFRA, the District will maintain the employee’s health benefits while the employee is disabled by pregnancy (up to four [4] months, or 17-1/3 weeks) and during the employee’s CFRA leave (up to an additional twelve [12] weeks) per pregnancy. The District will cease making paycheck deductions for non-health benefit plans [i.e., life insurance, ADD, and LTD] at the end of 17-1/3 weeks. Employees may make the appropriate contributions for continued coverage under non-health benefit plans by making payments to the District. d) Where an employee continues on approved family and medical leave past twelve (12) weeks (or twenty-six [26] weeks for military caregiver leave), and is not otherwise eligible for Pregnancy Disability Leave or CFRA leave (if applicable), an employee can continue such health insurance benefits for the duration of the leave by paying the full premiums of these benefits. Extensions of coverage will be subject to any restrictions in the applicable benefit policy or plan. e) If an employee is unable to return after exhausting his or her leave entitlement, the employee can continue such benefits by paying for COBRA continuation coverage. f) If an employee does not return to work or returns to work for less than thirty (30) days after the expiration of his or her leave entitlement, the District will have the right to recover its share of health plan premiums paid on behalf of the employee while in unpaid status unless the failure to return to work is because of the continuation, recurrence, or onset of a serious health condition of the employee/family member as defined in this Appendix. In the event of an extenuating circumstance beyond the employee’s control, (as defined by FMLA and CFRA, including retirement within thirty (30) days of returning to work), the right to recover the health plan premiums does not apply. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 49 g) If an employee is on leave of absence without pay in excess of two (2) complete pay periods, his/her anniversary date for purposes of probationary time, evaluation, pay increases and vacation/sick/personal/administration time accrual shall be extended by the number of days included in the period of leave without pay. Also, if an employee is on leave of absence with pay, for the purposes of probationary time and related evaluation periods and pay, such probationary time will be extended by the number of days included in the period of leave. h) State Disability Insurance (SDI): An employee who applies and qualifies for SDI may receive benefits based upon wages paid during a specific twelve- (12) month base period, determined by the date an SDI claim begins. This benefit is for non-work related disabilities and can be coordinated with an employee’s paid leave time. The first seven days are considered a “waiting period” and no SDI benefits are paid until after the employee has been absent from work for seven (7) calendar days. If employee has accrued paid sick leave, employee may use sick leave for the first seven days, before SDI payments begin. If employee has no accrued sick leave, employee may elect, but is not required, to use any accrued vacation (or other accrued leave) during this waiting period. i) Paid Family Leave (PFL): An employee may contact the Employment Development Department (EDD) to apply for PFL benefits within the SDI program for the care of seriously ill children, parents, parents-in-law, grandparents, grandchildren, sibling, spouse, or domestic partner or to bond with a new child or child in connection with adoption or foster care placement. PFL offers up to six weeks of benefits (in a twelve- [12] month period). If employee is absent for a reason that qualifies him/her for PFL payments, and employee has not yet accrued or have vacation available, employee may use any accrued and unused sick leave during the seven- (7) day waiting period before PFL benefits begins. An employee receiving Paid Family Leave is not on “unpaid leave.” Therefore, the District may not require the employee to use any accrued leave, e.g. sick or vacation leave, during Paid Family Leave. j) Military Spouse Leave (Military and Veterans Code section 395.10). An employee who works more than twenty (20) hours a week can take an unpaid leave of up to ten (10) days while the employee’s spouse is on leave from deployment. SS e c ti on B . 7 R e i n s ta te m e n t U p on R e tu rn from L e a ve 1. Upon the expiration of the Family and Medical Leave, an employee will be returned to the same position or to an equivalent position with equivalent pay, benefits and terms and conditions of employment held prior to the leave. However, the employee has no greater rights to reinstatement, benefits or other conditions of employment than if the employee had been continuously employed during the leave period. If the reinstatement date differs from the original agreement of the employee and the District, the employee will be reinstated within two (2) business days, where feasible, after the employee notifies the employer of his/her readiness to return. 2. Employees are encouraged to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 50 3. All employees taking leave for their own serious health condition will be required to present a return to work certification from the attending health care provider as a condition of reinstatement. SS e c ti on B . 8 R e l a ti on s h i p of F a m i l y a n d M e d i c a l L e a ve to Oth e r L e a ve s Family and Medical Leave runs concurrently with other leaves taken for any reason that is FMLA/CFRA qualifying; for example, sick leave or leave for an on-the-job injury. However, CFRA leave does not run concurrently with Pregnancy Disability Leave, but is in addition to it. CFRA leave is not available for Qualifying Exigency or Military Caregiver leaves under the FMLA. Additional Information For more detailed explanation or answers to questions, employees should contact the Human Resources department. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 51 AAP P E N DI X C P R OH I B I T I ON AGAI N ST DI S C R I M I N AT ION , H AR AS S M E N T AN D R E T AL I AT I ON It is the policy of the Midpeninsula Regional Open Space District to promote an employment environment free of discrimination, harassment, or retaliation as defined in this policy. Discrimination or harassment on the basis of an individual’s actual or perceived protected classification is prohibited and will not be tolerated by the District. This policy also prohibits discrimination or harassment because of an individual’s association with a member of a protected classification. “Protected classification” includes: race, religion, creed, color, national origin, ancestry, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), sexual orientation (including heterosexuality, homosexuality, and bisexuality), age (over 40), marital status, citizenship status, medical condition, genetic characteristics or information, military and veteran status, and mental or physical disability. The District forbids any form of discrimination or harassment by its elected or appointed officials, employees, volunteers, interns, contractors or members of the public, and has enacted these regulations to identify and eliminate this conduct. The District also forbids any form of retaliation against any individual for filing a harassment or discrimination complaint or for participating in the complaint resolution process. Any employee, including managers, supervisors, volunteers, interns, contractors, or appointed or elected officials, who engages in any harassing, discriminatory or retaliatory conduct may be subject to censure, disqualification, or disciplinary action, up to and including discharge. Conduct need not rise to the level of a violation of law to violate this policy. This policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, reinstatement, transfer, leave of absence, compensation, and training. S e c ti on C . 1 H a ra s s m e n t Harassment may include, but is not limited to, the following types of behavior that are taken because of an individual’s actual or perceived protected classification: 1. Offensive verbal conduct, including epithets, derogatory comments, slurs, demeaning jokes, nicknames, innuendoes, whistling, propositions, threats, or profanity; or 2. Physical conduct including touching, assault, impeding or blocking movement, interference with normal work, gestures, leering, or making explicit or implied job threats; or 3. Offensive visual conduct, including display of posters, calendars, cartoons, drawings, e-mails, computer websites or pictures. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 52 SS e c ti on C . 2 S e x u a l H a ra s s m e n t Sexual harassment is a form of sex discrimination and will not be tolerated by the District. Sexual harassment includes unwelcome sexual advances, requests for sexual favors or promises in return for submission to sexual acts, and other verbal, visual, or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or of creating an intimidating, hostile, or offensive work environment. S e c ti on C . 3 Di s c ri m i n a ti on This policy prohibits treating an individual differently on the basis of the individual’s actual or perceived protected classification, or association with a person who has or is perceived to have a protected classification. S e c ti on C . 4 R e ta l i a ti on This policy prohibits the taking of any adverse conduct against an applicant, employee, volunteer, intern, contractor, or elected or appointed official who has reported harassment or discrimination, or who has participation in the complaint and investigation process described below. “Adverse conduct” includes, but is not limited to: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination, or making real or implied threats of intimidation to prevent an individual for reporting harassment or discrimination. The following individuals are protected from retaliation: any person making a request for or receiving an accommodation for a disability; any person making a request for or receiving accommodation for religious beliefs or practices; any person making or supporting a complaint under this Policy, opposing violations of this Policy, or participating in an investigation pursuant to this Policy. S e c ti on C . 5 C om p l a i n t P roc e d u re The goal of this complaint procedure is to stop discriminatory or harassing behavior in a prompt and effective manner, while still maintaining a good working relationship among the District's employees. All District applicants, employees, volunteers, interns, contractors, and elected and Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 53 appointed officials have the right to file complaints of alleged violations of this policy. The procedure for filing such complaints is as follows: 1.Informal Complaint: Any employee who believes that a policy violation has occurred may, but is not required to, attempt immediately to resolve the problem informally by expressing his/her discomfort with the behavior of the offender in a constructive manner, and by requesting the offender to stop the behavior. This procedure is not a prerequisite to the filing of a formal complaint. 2. Formal Complaint: Any applicant, employee, volunteer or contractor who believes that he or she has personally suffered unlawful harassment or discrimination, or retaliation or who has learned of or is aware of such conduct, shall promptly report the conduct, either orally or in writing to any of the following listed below. There is no need to follow any established chain of supervision, so long as the matter is reported to any of the following: a. Immediate supervisor b. Head of Human Resources c. Any supervisor or manager within or outside of the department d. General Counsel e. Any Department head f. Board President (for complaints against the General Manager or other Board member) 3. Any supervisor or department head who receives a harassment complaint should notify the head of Human Resources immediately. 4. A complaint may be referred to a person designated by the General Manager or General Counsel to investigate such complaints, as appropriate. 5. Investigation of Complaint: Upon receipt of a complaint of discrimination, the head of Human Resources will: x Provide the complainant with a timely response indicating that the complaint has been received and that a fair, timely, and thorough investigation will be conducted. x Timely supervise a fair and thorough investigation of the complaint by impartial and qualified personnel. The investigation will afford all parties with appropriate due process and include interviews with the complainant, the accused harasser, and other persons who have relevant knowledge concerning the allegations in the complaint. x Review the factual information gathered through the investigation to reach a reasonable conclusion as to whether the alleged conduct constitutes harassment, discrimination, or retaliation, giving consideration to all factual information and the totality of the circumstances. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 54 x Timely report a summary of the determination as to whether harassment occurred to the appropriate person(s) including the complainant, the alleged harasser, the supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant. 6. Resolution: Once the investigation is complete, the responsible manager will make a determination of the appropriate corrective action, if any. The District will take reasonable steps to protect the complainant from further harassment, discrimination, or retaliation, including retaliation as a result of communicating the complaint. 7. Confidentiality: Every effort will be made to assure the confidentiality of complaints made under this Policy to the greatest extent allowed by law. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. Materials pertaining to the complaint, which do not form a basis for discipline, shall be maintained in a file separate from the personnel files of the participants. The District will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order. 8. Dissemination of Policy: Copies of this policy shall be provided to all employees of the District when updated, and to all new employees at the time of hiring. The District will also provide periodic training for its employees to assist them in learning how to recognize, avoid and respond to behavior prohibited by this policy. SS e c ti on C . 6 Ob l i g a ti on of Di s tri c t E m p l oy e e s a n d Offi c e rs The District officer responsible for ensuring the District’s compliance with this policy is the CFO/Director of Administrative Services, and head of Human Resources. Each non-manager or non-supervisor and each elected or appointed official is responsible for following the District's policy against discrimination and harassment; refraining from discriminatory, harassing or retaliatory behavior, reporting incidents of discrimination, harassment or retaliation in a timely fashion; cooperating in any investigation concerning alleged violations of this policy; and responding fully and truthfully to all questions posed during the investigation. In addition, managers and supervisors are responsible for ensuring that their employees are aware of the District's policy against discrimination, harassment, and retaliation; enforcing the District's policy among those they supervise; taking prompt, appropriate corrective action when discriminatory behavior is found; informing those who complain of harassment or discrimination of their option to contact the U.S. Equal Employment Opportunity Commission (“EEOC”) or the California Department of Fair Employment and Housing (“DFEH”); and attending harassment prevention training provided by the District. All employees are also encouraged to communicate with one another to assist co-employees to avoid harassing, discriminatory, or retaliatory behavior. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 55 SS e c ti on C . 7 Op ti on to R e p ort to Ou ts i d e Ad m i n i s tra ti ve Ag e n c i e s An individual has the option to report harassment, discrimination or retaliation to the U.S. Equal Employment Opportunity Commission (“EEOC”) or the California Department of Fair Employment and Housing (“DFEH”). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed on the Internet, in the government section of the telephone book or employees can check the posters that are located on District bulletin boards for office locations and telephone numbers. S e c ti on C . 8 Di s s e m i n a ti on of P ol i c y All employees and elected and appointed officials shall receive a copy of this Policy when they are hired or elected or appointed into office. The Policy may be updated from time to time and redistributed. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 56 AAP P E N DI X D P R E GN AN C Y DI S AB I L I T Y L E AVE The District will authorize a Leave of Absence for Pregnancy Disability for employees in accordance with state and federal law. This policy summarizes employees’ leave rights and obligations for conditions related to pregnancy and childbirth under the California Pregnancy Disability Leave Act (PDL), but is not intended to be exhaustive. Rights and obligations which are not specifically set forth below are contained in the California regulations implementing the PDL, and if applicable, under the Department of Labor regulations implementing the Family and Medical Leave Act (FMLA). S e c ti on D. 1 E l i g i b i l i ty re q u i re m e n ts 1. Any employee who is disabled by conditions relating to pregnancy or childbirth is eligible for Pregnancy Disability Leave under this policy. 2. Eligibility does not depend on length of employment. 3. Full and part-time employees are eligible. 4. The employee must be unable to perform one or more essential functions of her job without undue risk to herself, other persons, or to her pregnancy’s successful completion. S e c ti on D. 2 R e a s on s for L e a ve Pregnancy Disability Leave is permitted when an employee is disabled by her pregnancy, childbirth, or a related medical condition, as certified by her Health Care Provider. Examples include time off for: 1. Health Care Provider ordered prenatal or postnatal care; 2. Severe morning sickness; 3. Health Care Provider ordered bed rest; 4. Childbirth and recovery from childbirth; and/or 5. Any pregnancy-related, disabling medical condition, including but not limited to, gestational diabetes, preeclampsia, post-partum depression. This is a non-exclusive list of qualifying conditions. S e c ti on D. 3 Du ra ti on of L e a ve Pregnancy Disability Leave is available for: 1. Up to six months of unpaid leave for the period the employee is disabled by pregnancy. 2. Leave does not have to be taken all at once and can be taken as intermittent or reduced schedule leave with medical certification. The General Manager, upon written request, and on a case-by-case basis, may grant an extension on a month-to-month basis of up to an additional six (6) months. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 57 SS e c ti on D. 4 R e q u e s t for L e a ve /R e q u i re d Doc u m e n ta ti on Eligible employees requesting such leave are required to: 1. Make the request in writing or orally to the General Manager at least 30 days in advance of the need for foreseeable leave, and as soon as practicable for leave that is not foreseeable. 2. Supply supporting documentation from the attending health care provider. 3. All forms are available through Human Resources. S e c ti on D. 5 P a y a n d B e n e fi ts Wh i l e on P DL Pregnancy Disability Leave is generally unpaid. During disability leave an employee may use accrued leave. If an employee elects not to use accrued sick leave prior to beginning her leave of absence without pay, the District may require an employee to use any unused, accrued sick leave after four (4) months (or 17-1/3 weeks) of disability leave under this policy. An employee may request to use accrued CTO during the period she is on leave. State Disability Insurance (SDI): An employee who is absent because of pregnancy disability may be eligible for State Disability Insurance (SDI) benefits. Employee must contact the Employment Development Department (EDD) to apply. SDI payments do not begin until after the employee has been absent from work for seven calendar days. If employee has accrued paid sick leave, employee may use sick leave for the first seven days, before SDI payments begin. If employee has no accrued sick leave, employee may elect, but is not required, to use any accrued vacation (or other accrued leave) during this waiting period. When an employee uses paid accrued leave hours (e.g. sick, vacation, etc.), benefit hours (sick, vacation, etc.) will continue to accrue at the same rate that applies if the employee was working those hours. Benefit hours will not accrue in any other circumstance or when an employee is in unpaid status. Employees will continue to be covered by the District’s insurance plans (medical, dental, vision and life) to the same extent that coverage is provided and paid for while working for a period of up to 17 1/3 weeks during a twelve (12)-month period. Where an employee continues on approved PDL leave past four (4) months, or 17-1/3 work weeks, and is not otherwise eligible for CFRA leave, an employee can continue such insurance benefits for the duration of the leave by paying the full premiums of these benefits. If an employee is on leave of absence without pay in excess of two (2) complete pay periods his/her anniversary date for purposes of probationary time, evaluation, step pay increases and vacation/sick/personal/administration time accrual shall be extended by the number of days included in the period of leave without pay. S e c ti on D. 6 R e i n s ta te m e n t U p on R e tu rn from L e a ve 1. Employees returning from a PDL within six (6) months will be returned to the same position held prior to the leave, unless the position has ceased to exist because of Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 58 business necessity. If the position ceases to exist, the employee will return to a comparable position. However, the employee has no greater rights to reinstatement, benefits or other conditions of employment than if the employee had been continuously employed during the leave period. If the employee takes a CFRA leave for bonding or other CFRA-qualifying reason, in addition to her pregnancy disability leave, she has a right to return to either her original position or comparable position. 3. All employees taking leave for their own medical condition will be required to present a return to work certification from the attending health care provider as a condition of reinstatement. SS e c ti on D. 7 R e l a ti on s h i p of P re g n a n c y Di s a b i l i ty L e a ve (P DL ) to th e F a m i l y M e d i c a l L e a ve Ac t (F M L A) a n d th e C a l i forn i a F a m i l y R i g h ts Ac t (C F R A) Employees who are eligible for leave under the FMLA will have this leave run concurrently with the Pregnancy Disability Leave (PDL). CFRA will not run concurrently with Pregnancy Disability Leave, but will be in addition to Pregnancy Disability Leave if the employee is eligible for CFRA leave. Employees could take up to six (6) months of unpaid pregnancy disability leave for pregnancy disability and if eligible for CFRA, could also be entitled to up to twelve (12) weeks of unpaid CFRA leave to bond with the baby or for other CFRA qualifying reasons. Please contact Human Resources for more detailed information. S e c ti on D. 8 R e a s on a b l e Ac c om m od a ti on The District will provide reasonable accommodation requested by an employee, with the advice of her health care provider, related to her pregnancy, childbirth, or related medical conditions. Reasonable accommodation may include, but is not limited to, making facilities readily accessible and usable; job restructuring; modifying work schedules; reassigning to a vacant position; modifying test, training materials and policies; and/or acquisition or modification of equipment or devices. This list is not exhaustive. Refer to Reasonable Accommodation Policy for more detailed information. S e c ti on D. 9 Ad d i ti on a l I n form a ti on For more detailed explanation or answers to questions, employees should contact the Human Resources department. Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 59 AAP P E N DI X E S AL AR I E D E M P L OYE E S P OL I C Y The Fair Labor Standards Act (“FLSA”), which is administered by the U.S. Department of Labor Wage and Hour Division (“DOL”), permits an employer to designate particular employees as “exempt” or “salaried” and establishes particular standards for paying exempt or salaried employees. S e c ti on E . 1 P u rp os e The purpose of this Policy is: 1. To assure that salaried employee pay procedures are based upon fairness, reasonableness, uniformity and equity; and 2. To assure that the District’s policies and procedures regarding salaried employees are in compliance with the FLSA and the DOL regulations; and 3. To set out the benefits and responsibilities of being a salaried employee; and 4. To clarify the District’s policy that: a) salaried employees will not have their salaries reduced except as permitted by the FLSA; and b) that, except as set out in this Policy, the District will not require salaried employees to use their paid leave for partial day absences, but will require them to receive approval prior to deviating from their established work schedules. S e c ti on E . 2 S a l a ri e d E m p l oy e e s De fi n e d A salaried employee of the District is one who is paid on a salaried basis, meets the duties test criteria set out by the FLSA and the DOL for exempt employees, and is therefore exempt from FLSA overtime compensation requirements. An employee is paid on a salaried basis if she/he regularly receives a pre-determined amount of compensation that is not subject to reduction because of variations in the quality or quantity of work performed in the workweek. S e c ti on E . 3 C ore Work H ou rs , P e rm i tte d S a l a ry a n d P a i d L e a ve R e d u c ti on s , Ove rti m e , a n d Ad m i n i s tra ti ve L e a ve Ac c ru a l 1. Core Hours and Work Schedules: The General Manager shall establish core work hours in which all employees are expected to be on duty. Core work hours shall be Monday through Friday, 9:00 a.m. to 4:00 p.m. unless the General Manager sets other core hours. This assures a minimum number of hours for communication opportunities among staff, availability to the public during business hours, and promotes efficiency and effectiveness. The Department Manager, after notification and/ or review with the Management Team as appropriate, will determine each salaried employee’s work schedule, which shall ordinarily include the core hours, and shall document that schedule in writing. The General Manager must approve any work schedule that does not cover Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 60 the core hours. Work schedules for full-time salaried employees shall provide for 40 hours of work per week, unless altered by an approved flexible schedule such as 9/80 or an Adjustment as provided for in Section E.4 of this Policy. The General Manager, Department Manager, Area Superintendent, Area Manager, or Supervisor may direct additional hours to be worked, and may approve a salaried employee’s absence from his/her work schedule. The employee may actually work more than 40 hours per week. The Supervisor is responsible for monitoring employees’ attendance. 2. Deductions from Salary or Paid Leave Time: a. Except as provided below, the District shall not deduct from a salaried employee’s accrued leave (vacation, sick, personal or administrative) for any time the employee is absent during a portion of the employee’s scheduled workday. b. Paid leave, or if there is no available and appropriate paid leave, then salary will be reduced for absences in the following circumstances: 1. An absence from work of one or more full days for personal reasons, sickness or disability. 2. To offset amounts employees receive as jury or witness fees, or for military pay. The District will not, however, reduce salary for time missed from work except as allowed by the FLSA. 3. Any full work week in which the employee performs no work. 4. In the initial and terminal weeks of employment if the employee only works a portion of the week. In this case, the District will pay the employee for only the portion of the week worked. 5. Absences due to unpaid leave the employee takes under the Family and Medical Act Leave. 3. Accrual of Paid Leave Time: Salaried employees shall accrue Vacation, Sick and Personal Leave time in accordance with the District’s Personnel Policies and Procedures Manual and will similarly receive paid Holidays. Salaried employees directed to work a full day on a District observed holiday shall receive a work schedule adjustment to replace the holiday within 30 days of the observed holiday worked. 4. Overtime: Salaried employees shall not be eligible for overtime compensation. 5. Administrative Leave Accrual: Salaried employees shall accrue Administrative Leave, which is a benefit not provided to non-exempt hourly employees. As stated in Personnel Policies & Procedures Manual Section 7.3A, the General Manager, upon Department Manager recommendation, shall determine the amount of Administrative Leave allotted to each salaried employee by January 1st each year. Adjustments to the allotment can be made on a quarterly basis if the amount of night and/or weekend work requirements of the District change during the course of the year. To assure fairness in allocation of Administrative Leave, the General Manager will review specific work Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 61 projects/assignments of each salaried employee with the Department Managers and shall set an amount of Administrative Leave that is appropriate for the number of assignments that are anticipated to require work beyond the typical 40-hour workweek. SS e c ti on E . 4 Work S c h e d u l e Ad j u s tm e n ts 1. Adjustments to Work Schedules: No salaried employee may deviate from his or her work schedule without first requesting and receiving advance approval from his or her supervisor. If the supervisor is unavailable, the General Manager, Department Manager or Area Superintendent may approve such a request. A salaried employee’s failure to request and receive advance approval may result in discipline. The General Manager, Department Manager, or Area Superintendent may authorize, in advance, occasional single-event work schedule adjustments for salaried employees. Such adjustments could occur when the affected employee’s work duties require him/her to work excessively late evenings, to work excessive numbers of hours in a given week, to work multiple weekend days, is directed to work a full day on a District observed holiday, or under other extenuating circumstances. 2. Flexible Work Schedules: Salaried employees shall be eligible for flexible work schedules in accordance with the “Administrative Guidelines for Flexible Work Schedules for Office, Supervisory, and Management Employees,” except that no overtime provisions will be applicable. S e c ti on E . 5 T i m e C a rd P roc e d u re s An employee’s time card must designate total hours worked, the category of leave time to be used, or leave without pay. If the employee is absent from a portion of his/her scheduled workday, and an Adjustment to the work schedule under Section E.4 has not been authorized, the employee shall be paid for the full day, but may be subject to discipline. The selection of accrued leave hours shall be in accordance with provisions of the Personnel Policies regarding use of accrued leave. If the employee has no leave time available for a full day’s absence as described in Section E3.2, and when time off has been approved, the employee shall indicate “Leave Without Pay”. In such a case, and in only the circumstances set out in Section E.3. 2 of this Policy, the employee shall have his/her salary reduced by an amount equal to the number of hours designated. The daily pay rate used for any pay reductions made pursuant to this Policy shall be based upon the employee’s annual salary. S e c ti on E . 6 Di s c i p l i n a ry De d u c ti on s Under no circumstances shall a salaried employee have any salary rate reduction imposed as a disciplinary measure. In all other respects, the District’s discipline and grievance procedures set out in its Personnel Policies and Procedures Manual shall apply to salaried employees, except as provided in this Policy. A salaried employee may be suspended from work and his or her salary reduced for the time away from work in any of the circumstances described below Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES 62 a. For less than a full work week if the District has a good faith belief that the employee committed an infraction of a safety rule of major significance, such as rules relating to the prevention of serious danger to other employees; or b. For a violation of a workplace conduct rule listed in the District’s Personnel Policies and Procedures Manual, a suspension shall not be for a time increment of less than one workday. The term “workplace conduct rule” includes, but is not limited to, inappropriate conduct, including harassment, insubordination, violation of District policies, rules, regulations, or procedures, violence, drug or alcohol violations, or violations of state or federal laws, but does not include performance or attendance issues. SS e c ti on E . 7 S a fe H a rb or The District prohibits any reductions from a salaried employee’s pay that are contrary to FLSA requirements. Any salaried employee, who believes that his or her salary has been reduced in violation of the FLSA, can file a written complaint with the General Manager or his/her designee. The complaint must be dated, signed, and describe the specific pay reduction at issue. The General Manager or his/her designee will review the complaint. If a reduction in violation of the FLSA is found, the District will promptly reimburse the employee for the amount of the pay reduction, and institute good faith measures to insure that the error does not occur in the future. S e c ti on E . 8 C on trol l i n g P ol i c i e s In the event there is a conflict between this Policy and any other District rules, regulations, policies, or practices, including other provisions of the Manual, the specific provisions of this Policy shall prevail. Preventing Workplace Harassment, Discrimination, and Retaliation ©2016 (s) Liebert Cassidy Whitmore 68 APPENDIX F SAMPLE ANTI-BULLYING POLICY A. Policy: (Agency) is committed to providing a safe work environment. In addition to prohibiting all forms of discrimination and harassment, (Agency) also prohibits any form of “intimidation or bullying” in the workplace or elsewhere, such as at offsite events. B. Policy Coverage: Every employee and other individuals, such as temporary agency workers, consultants, independent contractors and visitors, have the right to be treated with respect. Bullying is the use of aggression with the intention of harming another individual. It can include any intentional written, visual, verbal, or physical act, when the act physically harms the individual or damages his or her property; has the effect of interfering with an employee’s ability to work; is severe or pervasive; and creates an intimidating or threatening environment. Bullying comes in many shapes and sizes and can take many forms including, but not limited to, excluding, tormenting, taunting, abusive comments, using threatening gestures; pushing, shoving, punching, unwanted physical contact, or any use of violence; graffiti; name-calling, sarcasm, spreading rumors, teasing. Such conduct can also occur via use of electronic or telephonic communications such as the internet, email and chatroom misuse, mobile threats by text messaging, or calls or misuse of cameras and video equipment. C. Complaint Procedure: (Agency) will not tolerate bullying in any form. Any individual who believes that he or she is being or has been subjected to any form of bullying should immediately report this to his or her supervisor, department head, or Human Resources representative. In addition, any person who believes they have witnessed bullying and any person who has received a report of such conduct, whether the perpetrator is an employee or a non-employee, shall immediately report the conduct to their supervisor or other appropriate person in the chain of command. [List names of those people in the chain of command with a contact number for each person.] Any employee who is reported to be a perpetrator will be provided due process before any disciplinary action is taken. Individuals who violate this bullying policy are subject to disciplinary action, up to and including termination. D. Policy Against Retaliation: No employee will be subjected to any form of retaliation for reporting an incident of bullying, or participating in an investigation by (Agency) or its representatives into allegations of bullying. Additionally, all employees have a duty to cooperate in connection with any investigation being conducted. $77$&+0(17 R-17-21 Meeting 17-05 February 22, 2017 AGENDA ITEM 5 AGENDA ITEM Adoption of a Use and Management Plan Amendment for El Sereno Open Space Preserve Designating All Trails Open to Dogs On-Leash Except for a Trail Segment Over San Jose Water Company Property GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act (CEQA), as set out in the staff report. 2. Adopt a Use and Management Plan Amendment designating all trails at El Sereno Open Space Preserve open to dogs on-leash, except a 0.3-mile portion of the Aquinas Trail over San Jose Water Company property. SUMMARY The proposed Use and Management (U&M) Plan Amendment designates all El Sereno Open Space Preserve (Preserve) trails open to dogs on-leash, except a 0.3-mile portion of the Aquinas Trail over San Jose Water Company property. The District has not established public access across this property, and access is subject to securing formal access rights from San Jose Water Company. The environmental review analyzed all trails in the event the District is able to secure access rights. The Project is categorically exempt given that the change in use will result in only a minor alteration of existing public facilities and a negligible expansion of use. The Fiscal Year (FY) 2016-17 budget includes sufficient funds for the Project. MEASURE AA Costs associated with changing the use of existing trails are not MAA eligible. However, future acquisitions or trail upgrades to improve access and perfect rights are eligible as part of MAA Portfolio #19—El Sereno Dog Trails and Connections. BACKGROUND The Board-approved 2014 Vision Plan identified the El Sereno Dog Access project as a Tier 1 Vision Plan Project. Preliminary research for the project began in late 2015. Several public meetings were held the following year, including an August 30, 2016 neighborhood meeting, an October 6, 2016 Planning and Natural Resources Committee meeting (R-16-122), and a November 9, 2016 Board meeting (R-16-148). R-17-21 Page 2 DISCUSSION The proposed U&M Plan Amendment calls for on-leash dog access on all Preserve trails and modification of existing signs and maps to reflect this change in use. This change would affect four (4) existing trail segments: Montevina Ridge, Aquinas, Loma Vista and Serenity Trails. In accordance with the CEQA guidelines, the proposed trail use change is categorically exempt pursuant to Section 15301 (see findings below). Although the CEQA analysis evaluated the potential environmental impacts resulting from a use change over all existing trails, the District would not implement on-leash dog access over an approximately 0.3-mile portion of the Aquinas Trail on San Jose Water Company property until public access rights can be successfully negotiated and formalized for this segment. FISCAL IMPACT The FY2016-17 budget includes $51,750 (OpEx-GF) for the Project to fund new signs and updated maps. Any land acquisition costs to further improve access and perfect rights would need additional funding approval from the Board. FY2016-17 Project #316023 Budget $51,750 Spent to Date (as of 01/31/17): $1,485 Encumbrance: $2,070 Budget Remaining: $48,195 BOARD COMMITTEE REVIEW The District’s Planning and Natural Resources Committee held a meeting on October 6, 2016 at which the Committee approved recommending this Use and Management Amendment to the full Board of Directors by a 3-0 vote. On November 9, 2016, the District Board of Directors approved the project description for the El Sereno Dog Access Project to allow environmental review to proceed (R-16-148). PUBLIC NOTICE Public notice was provided as required by the Brown Act. Public notice was also sent to adjacent landowners and interested parties, and was also posted on the District’s webpage and the El Sereno Dog Access Project webpage. CEQA COMPLIANCE The District concludes that designating all trails at the Preserve as open to dogs on-leash will not have a significant effect on the environment. The proposed trail use change is categorically exempt pursuant to Section 15301 as follows: Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing structures or facilities such as trails, which does not expand existing use. Allowing on-leash dog access to all existing Preserve trails constitutes a minor alteration to existing facilities. The additional on-leash dog use would result in a negligible expansion of trail use given that R-17-21 Page 3 (1) the Preserve already experiences informal dog use across all trails as documented by District ranger observations and citations, (2) the lack of parking and remote location constrains the level of Preserve visitation, limiting its use primarily to nearby residents, and (3) the project does not include new parking improvements or additional parking to facilitate expanded trail use. A Notice of Exemption was prepared and filed with the County of Santa Clara on January 13, 2017. The 35-day statute of limitations ended on February 17, 2017. NEXT STEPS Pending Board approval of the General Manager’s recommendations, staff will revise and order signs and update maps. In the interim, the Visitor Services Department will apply dogs on-leash decals on existing trailhead signs to permit dog on-leash access in the Preserve effective soon after Board approval. Attachments 1. Map of El Sereno showing dogs on-leash trails 2. Notice of Exemption Responsible Department Head: Jane Mark, AICP, Planning Department Prepared by: Tina Hugg, Senior Planner, Planning Department Alicia Halpern, Planner I, Planning Department Graphics prepared by: Ryan Haines, GIS Intern !P !P !P !P !P !P !P !P !P !P !P !P !P Sa n b o r n Co u n t y P a r k El S e r e n o Op e n S p a c e Pr e s e r v e Sa n J o s e Wa t e r C o . Sa n J o s e Wa t e r C o . 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( P r i v a t e ) Att a c h m e n t 1 "55"$).&/5 R-17-24 Meeting 17-05 February 22, 2017 AGENDA ITEM 6 AGENDA ITEM Restructuring of Human Resources within Administrative Services, and related changes to the Classification and Compensation Plan GENERAL MANAGER’S RECOMMENDATIONS Accept a report on the classification recommendations for the Human Resources Division and adopt a resolution amending the District’s Classification and Compensation Plan to add a Human Resources Manager. SUMMARY In spring 2016 Management Partners was retained to complete a functional review of Human Resources (HR) to address several Human Resources related recommendations in the Financial and Operational Sustainability Model study. Management Partners conducted a thorough review of HR’s staffing, workload, and structure and presented recommendations to the General Manager’s Office in fall 2016. As a result of the review, the General Manager recommends adding an HR Manager classification to the District’s Classification and Compensation Plan. A resolution and the amended plan are provided as Attachment 1. The changes in HR will enhance capacity for HR to support the District’s delivery of Vision Plan projects and on-going services in support of the mission. DISCUSSION Background The Financial and Operational Sustainability Model study contains several recommendations related to HR: x Recommendation 43:Establish a Human Resource management level position responsible for planning and meeting critical recruitment issues and sustaining a committed workforce. x Recommendation 44: Hire interim, temporary, or contract Human Resources staff to meet the need for recruitment of positions on the organization’s critical FOSM implementation path. x Recommendation 45:Develop reclassification policies and procedures to streamline classifications and effectively respond to organization staffing needs. The District retained Management Partners in spring 2016 to review the staffing, workload and functional alignment of Human Resource and develop recommendations for staffing and organizational structure. Due to the accelerated implementation of FOSM recommendations organization-wide, HR is undertaking a significant workload of recruitments, technology-based systems improvements (the human resources module of the District’s financial system), policy R-17-24 Page 2 development and refinement, new and existing employee training and development, along with on-going HR functions. Consistent with the process implemented for numerous other divisions/departments that have been studied and restructured during FOSM implementation, Management Partners’ evaluation of HR was designed to comprehensively assess the District’s current and future HR needs as the District evolves to effectively deliver Vision Plan projects and on-going services in support of the mission. Study Process Management Partners began this review by interviewing Executive Team members and gathering and reviewing HR background information and workload data. HR staff completed position description questionnaires. The HR Supervisor and one HR Analyst were interviewed and all department managers were interviewed about HR’s internal services. Management Partners also researched benchmark information and best practices from peer agencies. Following analysis of all of this information, Management Partners presented their conclusions and staffing options to the Executive Team for review and discussion. Management Partners’ final report is provided as Attachment 2. Study Recommendations The General Manager’s recommendations to the Board, based on Management Partners’ study recommendations, are summarized below. The General Manager’s review included additional factors related to consistency with how other department/division reviews have been implemented recently in the District, internal alignment re: salary recommendations, and the FOSM projections related to growth in the number of employees. 1.Add an HR Manager classification: An HR Manager would hold responsibility for labor relations/negotiations, organization development and training program development, leading policy and special project assignments, in addition to providing leadership and direction to the entire HR team. The recommended HR Manager classification is a different and higher level position than the HR Supervisor classification, with broad responsibility, independence, and accountability while serving in “at-will” status. This classification is recommended at Salary Range 48 (the same range as the Information Systems and Technology Manager). In the FY2016-17 budget, the Board approved and funded a placeholder position, to be specified following completion of Management Partners’ review. The General Manager recommends this placeholder position be specified as the HR Manager. The job description for the HR Manager is provided as an Exhibit to Attachment 1. 2.Evaluate options for increasing administrative support in HR: Management Partners’ report recommends adding an HR Administrative Assistant level position; there is sufficient workload to justify a permanent clerical support position such as this. However, due to other priority recruitments, the General Manager recommends evaluating interim solutions to this need, such as utilizing a temporary employee contract or partial time of other existing positions. A permanent solution to this need could be evaluated in the future depending on the success of the interim solution; any future requests for new permanent positions would be considered by the Board. This interim approach also considers the FOSM-related constraints on new positions in this business line before 2020, compared to the priority of new positions in the Project Planning & Delivery business line. 3.Utilize an intern by participating in the seasonal regional intern placement program: An intern for several months during the summer will add capacity for special projects in HR. R-17-24 Page 3 This recommendation aligns with the District’s current evaluation of the regional internship program and the possibility of hosting one or more interns during the summer months. 4.Align recruitment analysts to business lines: HR currently has two recruitment analysts. These Management Analyst IIs are flexible in being able to conduct recruitments for any business line, but have developed some specialties for certain departments over time. While it is important to continue a generalist HR service delivery model with appropriate cross- training and back-up support, it is also effective to have each analyst be the first point of contact for their specialty departments. For example, Visitor Services or Land & Facilities Services employees may start by contacting their designated analyst, while Planning or Engineering & Construction the other. Of course, with cross-training and excellent customer service, any employee could contact any HR staff member and quickly get to the answer they are seeking. 5.Reclassify HR Tech to HR Analyst (Management Analyst I): The General Manager implemented this reclassification under the authority delegated through the District’s Personnel Policies and Procedures Manual. This reclassification enables the District to retain critical capacity in HR during this busy time of FOSM implementation and priority Measure AA project delivery, as well as provide continuous support to the further roll-out, implementation and integration of New World Systems’ Human Resources Information System (HRIS) modules and functionality. The current HR Tech had been receiving acting pay related to the development and implementation of the HRIS system. Work at the Management Analyst I level will need to continue, taking into account the additional analysis work necessary in HR related to benefits administration, classification and compensation support, performance management system support, and more. 6.Evaluate for reclassification a Management Analyst II to Senior Management Analyst:Per the recommendation in the Management Partners’ report, the General Manager is evaluating an incumbent Analyst II for reclassification to Senior Analyst based on the level of work she is currently required to do and the role she will be expected to play as supervisor of a future administrative assistant in the new HR organizational structure. The creation of a Senior Management Analyst also completes the position hierarchy in HR – administrative assistant, HR tech, Analyst I, Analyst II, Senior Analyst, Supervisor, Manager – creating a clear career path of opportunities for qualified employees. This structure is also similar to other departments. Management Partners also recommends implementing performance management practices to continually assess workload and performance. The HRIS system will be able to help with this objective. Developing and implementing this system will be a priority for the HR Manager once that position is filled. The recommended organizational chart is provided in Attachment 3. Management Partners developed alternative reorganization options that are not recommended by the General Manager. One option adds the HR Manager position, removes the HR Supervisor position, and adds an HR Tech position instead. This option is not recommended because it loads the HR Manager with too many direct program operation responsibilities that would be more appropriate for an HR Supervisor classification. Additionally, this option lacks an appropriate succession planning ladder. A second option developed by Management Partners is similar to the recommended option, but has the Training and Safety Specialist reporting directly to the HR Manager. While R-17-24 Page 4 this is feasible, it is more effective to have the Training and Safety Specialist report to the HR Supervisor, as is the current arrangement, allowing the HR Manager to focus on three direct reports instead of four in order to allow more capacity for the strategic manager level functioning required of the HR Manager. BOARD COMMITTEE REVIEW This report was not previously reviewed by a Committee. FISCAL IMPACT The placeholder position budget in HR for FY2016-17 is sufficient to fund the HR Manager for several months through the end of the current fiscal year following recruitment and hiring this spring. The HR Manager position was budgeted and modeled for nine months in the current fiscal year and 12 months in subsequent fiscal years. Due to adjusted priorities, the HR Manager position will likely be filled for only two months instead of nine months in the current fiscal year. The fully-loaded yearly cost for the HR Manager is $154,742 and, therefore, an incremental increase of $38,317 will need to be added to the FY2017-18 budget and beyond. Savings from the HR Manager position will fund the HR Management Analyst I reclassification in the current Fiscal Year and $31,958 will need to be added to the FY2017-18 budget and beyond. The proposed HR Intern position will create a net fiscal impact of $24,230 starting in FY2017-18. The total incremental increases for these positions is $94,505 (see chart below). PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). R-17-24 Page 5 NEXT STEPS If approved by the Board, the General Manager’s Office will commence recruitment efforts for the HR Manager position. Attachments: 1. Resolution Amending the Classification and Compensation Plan 2. Management Partners’ Human Resources Staffing Review 3. HR Recommended Organizational Chart Responsible Managers: Kevin Woodhouse, Assistant General Manager Stefan Jaskulak, CFO/Administrative Services Director Prepared by: Kevin Woodhouse, Assistant General Manager Attachment 1 Resolutions/2017/17-__HRDeptRestructure 1 RESOLUTION NO. XX-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE CLASSIFICATION & COMPENSATION PLAN BY ADDING A NEW CLASSIFICATION SPECIFICATION WHEREAS, in spring 2016, a functional review was performed for the Human Resources department to address Human Resources related recommendations in the Financial and Operational Sustainability Model study to determine if the current staffing, workload and structure were commensurate with the existing job titles and positions; and WHEREAS, the findings of the study concluded additional classifications are needed to meet the growing needs and evolving roles of the various positions in the Human Resources Department; and WHEREAS, the General Manager has proposed an amendment to the Midpeninsula Regional Open Space District Classification and Compensation Plan to add the new job classification of Human Resources Manager, and to add the classification specification and salary range therefor; and WHEREAS, the Board of Directors, having considered such proposals and recommendations, wishes to amend the District’s Classification and Compensation Plan. NOW, THEREFORE, THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: 1. The Classification and Compensation Plan of the Midpeninsula Regional Open Space District shall be amended by adding the new job classification title Human Resources Manager and by adding the classification specification and salary range to read as set forth in the attached exhibits hereto. 2. Except as herein modified, the Classification and Compensation Plan, Resolution No. 16-26, as amended, shall remain in full force and effect. 3. This resolution shall be effective February 22, 2017. PASSED AND ADOPTEDby the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2017, at a regular meeting thereof, by the following vote: * * * * * * * * * * * * * * * * * * * * AYES: NOES: ABSTAIN: ABSENT: Attachment 1 Resolutions/2017/17-__HRDeptRestructure 2 ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Step Full/PT Range #Minimum Maximum Minimum Maximum Minimum Maximum Time Seasonal Open Space Technician 6 19.5173 24.3635 3,383 4,223 40,596 50,676 PT Seasonal Ranger Aide 6 19.5173 24.3635 3,383 4,223 40,596 50,676 PT Seasonal Ranger 16 24.9058 31.0962 4,317 5,390 51,804 64,680 PT Farm Maintenance Worker 19 26.7981 33.4673 4,645 5,801 55,740 69,612 FT Open Space Technician*19 26.7981 33.4673 4,645 5,801 55,740 69,612 FT Administrative Assistant 20 27.4615 34.2808 4,760 5,942 57,120 71,304 FT Accounting Technician 22 28.8231 35.9942 4,996 6,239 59,952 74,868 FT Human Resources Technician 22 28.8231 35.9942 4,996 6,239 59,952 74,868 FT Information Technology Technician I 22 28.8231 35.9942 4,996 6,239 59,952 74,868 FT GIS Technician 23 29.5500 36.9000 5,122 6,396 61,464 76,752 FT Lead Open Space Technician*23 29.5500 36.9000 5,122 6,396 61,464 76,752 FT Volunteer Program Lead 23 29.5500 36.9000 5,122 6,396 61,464 76,752 FT Risk Management Coordinator 24 30.2654 37.8000 5,246 6,552 62,952 78,624 FT Senior Administrative Assistant 24 30.2654 37.8000 5,246 6,552 62,952 78,624 FT Public Affairs Program Coordinator 25 31.0269 38.7462 5,378 6,716 64,536 80,592 FT Ranger 25 31.0269 38.7462 5,378 6,716 64,536 80,592 FT Senior Finance & Accounting Technician 26 31.7769 39.6865 5,508 6,879 66,096 82,548 FT Equipment Mechanic/Operator 27 32.5731 40.6788 5,646 7,051 67,752 84,612 FT Executive Assistant 27 32.5731 40.6788 5,646 7,051 67,752 84,612 FT Information Technology Technician II 27 32.5731 40.6788 5,646 7,051 67,752 84,612 FT Lead Ranger 27 32.5731 40.6788 5,646 7,051 67,752 84,612 FT Property Management Specialist I 28 33.3692 41.6654 5,784 7,222 69,408 86,664 FT Real Property Specialist I 28 33.3692 41.6654 5,784 7,222 69,408 86,664 FT Executive Assistant/Deputy District Clerk 29 34.2058 42.7096 5,929 7,403 71,148 88,836 FT Planner I 29 34.2058 42.7096 5,929 7,403 71,148 88,836 FT Data Analyst I 30 35.0423 43.7538 6,074 7,584 72,888 91,008 FT Docent Program Manager 30 35.0423 43.7538 6,074 7,584 72,888 91,008 FT Resource Management Specialist I 30 35.0423 43.7538 6,074 7,584 72,888 91,008 FT Volunteer Program Manager 30 35.0423 43.7538 6,074 7,584 72,888 91,008 FT Accountant 31 35.9135 44.8442 6,225 7,773 74,700 93,276 FT Capital Projects Manager II 31 35.9135 44.8442 6,225 7,773 74,700 93,276 FT Planner II 31 35.9135 44.8442 6,225 7,773 74,700 93,276 FT Management Analyst I 31 35.9135 44.8442 6,225 7,773 74,700 93,276 FT Community Outreach Specialist 33 37.7019 47.0942 6,535 8,163 78,420 97,956 FT Public Affairs Specialist 33 37.7019 47.0942 6,535 8,163 78,420 97,956 FT Data Analyst II 34 38.6250 48.2423 6,695 8,362 80,340 100,344 FT Resource Management Specialist II 34 38.6250 48.2423 6,695 8,362 80,340 100,344 FT Grants Specialist 35 39.5885 49.4423 6,862 8,570 82,344 102,840 FT Maintenance, Construction & Resource Supv.35 39.5885 49.4423 6,862 8,570 82,344 102,840 FT Management Analyst II 35 39.5885 49.4423 6,862 8,570 82,344 102,840 FT Procurement & Contracting Agent/Specialist 35 39.5885 49.4423 6,862 8,570 82,344 102,840 FT Property Management Specialist II 35 39.5885 49.4423 6,862 8,570 82,344 102,840 FT Real Property Specialist II 35 39.5885 49.4423 6,862 8,570 82,344 102,840 FT Supervising Ranger 35 39.5885 49.4423 6,862 8,570 82,344 102,840 FT Training & Safety Specialist 35 39.5885 49.4423 6,862 8,570 82,344 102,840 FT Applications Engineer 36 40.5635 50.6538 7,031 8,780 84,372 105,360 FT Website Administrator 36 40.5635 50.6538 7,031 8,780 84,372 105,360 FT Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN Fiscal Year 2016/2017 - Effective 02/22/2017 Last revised: 10/26/2016, 8/29/16, 7/01/16, 4/28/2016, 4/14/16, 2/11/16, 1/14/16, 09/14/2015 Classification Title Hourly Range $ Monthly Range $ Annual Range $ Exhibit A Data Administrator 38 42.5885 53.1923 7,382 9,220 88,584 110,640 FT Legislative/External Affairs Specialist 38 42.5885 53.1923 7,382 9,220 88,584 110,640 FT Senior Technologist 38 42.5885 53.1923 7,382 9,220 88,584 110,640 FT Facilities Maintenance Supervisor 39 43.6500 54.5077 7,566 9,448 90,792 113,376 FT Capital Projects Field Manager 39 43.6500 54.5077 7,566 9,448 90,792 113,376 FT Capital Projects Manager III 39 43.6500 54.5077 7,566 9,448 90,792 113,376 FT Planner III 39 43.6500 54.5077 7,566 9,448 90,792 113,376 FT Resource Management Specialist III 39 43.6500 54.5077 7,566 9,448 90,792 113,376 FT Senior Property Management Specialist 40 44.7173 55.8462 7,751 9,680 93,012 116,160 FT Senior Real Property Specialist 40 44.7173 55.8462 7,751 9,680 93,012 116,160 FT Special Projects Manager 40 44.7173 55.8462 7,751 9,680 93,012 116,160 FT Senior Accountant 41 45.8308 57.2423 7,944 9,922 95,328 119,064 FT Senior Management Analyst 41 45.8308 57.2423 7,944 9,922 95,328 119,064 FT Media Communications Supervisor 42 46.9500 58.6327 8,138 10,163 97,656 121,956 FT Area Manager 43 48.1269 60.1038 8,342 10,418 100,104 125,016 FT Area Superintendent 43 48.1269 60.1038 8,342 10,418 100,104 125,016 FT District Clerk/Assistant to General Manager 43 48.1269 60.1038 8,342 10,418 100,104 125,016 FT GIS Program Administrator 43 48.1269 60.1038 8,342 10,418 100,104 125,016 FT Information Technology Program Administrator 43 48.1269 60.1038 8,342 10,418 100,104 125,016 FT Human Resources Supervisor 43 48.1269 60.1038 8,342 10,418 100,104 125,016 FT Senior Planner 43 48.1269 60.1038 8,342 10,418 100,104 125,016 FT Senior Resource Mgmt Specialist 43 48.1269 60.1038 8,342 10,418 100,104 125,016 FT Finance Manager 48 54.3519 67.8808 9,421 11,766 113,052 141,192 FT Human Resources Manager 48 54.3519 67.8808 9,421 11,766 113,052 141,192 FT Information Systems & Technology Manager 48 54.3519 67.8808 9,421 11,766 113,052 141,192 FT Engineering & Construction Manager 51 58.4942 73.0558 10,139 12,663 121,668 151,956 FT Land & Facilities Services Manager 51 58.4942 73.0558 10,139 12,663 121,668 151,956 FT Natural Resources Manager 51 58.4942 73.0558 10,139 12,663 121,668 151,956 FT Operations Manager 51 58.4942 73.0558 10,139 12,663 121,668 151,956 FT Planning Manager 51 58.4942 73.0558 10,139 12,663 121,668 151,956 FT Public Affairs Manager 51 58.4942 73.0558 10,139 12,663 121,668 151,956 FT Real Property Manager 51 58.4942 73.0558 10,139 12,663 121,668 151,956 FT Visitor Services Manager 51 58.4942 73.0558 10,139 12,663 121,668 151,956 FT Assistant General Counsel I 53 61.4192 76.7077 10,646 13,296 127,752 159,552 FT Assistant General Counsel II 55 64.4942 80.5442 11,179 13,961 134,148 167,532 FT Assistant General Manager 59 71.1058 88.8000 12,325 15,392 147,900 184,704 FT Chief Financial Officer/Director Administrative Services 59 71.1058 88.8000 12,325 15,392 147,900 184,704 FT * OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A. Board Appointee Group Compensation Hourly Monthly Annual Effective General Manager $119.0385 $20,633 $247,600 7/1/2016 Controller - Part-time position $82.5000 $3,575 $42,900 11/1/2016 General Counsel $107.0962 $18,563 $222,760 7/1/2016 Elected Officials Compensation Board Director 1/1/2006 Monthly MaximumPer Meeting $100.00 $500.00 Last Revised 10/26/2016 10/26/2016 10/26/2016 Effective Date Exhibit A Midpeninsula Regional Open Space District HUMAN RESOURCES MANAGER DEFINITION Under general direction, plans, manages, develops, implements and directs the District’s human resources services and functions, including recruitment, examination and selection, classification and compensation, employer compliance, employment data and records, employee relations, labor relations, grievance administration and oversight, benefits administration, workers’ compensation, occupational health and safety programs, equal employment opportunity, workforce planning/succession planning, and employee training and development. Serves as the District’s primary negotiator in meet and confer sessions and manages all aspects of labor negotiations. The incumbent is accountable for accomplishing short- and long-range program planning, budgeting, and operational goals and objectives for the Human Resources Division and for furthering District goals and objectives within general policy guidelines. Develops, implements, interprets, and administers policy, including the District’s personnel rules, policies and procedures. Ensures compliance with all applicable state and federal laws and regulations, ensures compliance with the District’s rules and policies applicable to employment issues, and provides professional and strategic assistance and guidance to the organization. This position is a member of the District’s Department and Division Managers team and participates on various District-wide committees, as well as participating in organizational, operational and budgetary planning meetings related to the human resource functions of the District. As a manager, this position will have broad responsibility, independence, and accountability while serving on an at-will basis. SUPERVISION RECEIVED AND EXERCISED Receives general guidance from the Chief Financial Officer/Director of Administrative Services. The work provides for a wide variety of independent decision-making within a framework of legal guidelines, broad policies and procedures, and established organizational values and processes. Provides direct supervision to professional, technical and office support staff and provides oversight to contract service providers. CLASS CHARACTERISTICS This is an at-will Division Manager classification responsible for direct and indirect supervision of supervisory and other lower level professional, technical, and clerical staff. This position is responsible for planning, organizing, supervising, reviewing, and evaluating the work of human resources staff. Responsibilities include performing diverse, specialized, and complex work involving significant accountability and decision-making responsibility. The incumbent organizes and oversees day-to-day operations of the assigned area, including short- and long- term planning and policy development. Incumbent is expected to independently perform the full range of human resources duties as assigned as well as coordinating work with that of other District departments and public agencies, and will act as the District’s expert on human resources topics. The incumbent is accountable for accomplishing division planning and operational goals Exhibit B Human Resources Manager Page 2 of 7 and objectives and for furthering the District’s mission, goals, and objectives within general policy guidelines. This class is distinguished from the Human Resources Supervisor in that it is an at-will position with full responsibility for short- and long-term planning, developing and interpreting of District policies, developing budgets, serving as a member of the District’s Department and Division Managers team, and it has full responsibility for all human resources programs and functions including serving as the District’s primary negotiator at labor negotiations. This position will have broader responsibility, independence, and accountability than that of the Human Resources Supervisor. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. ¾Formulates, develops, recommends, interprets, and implements human resources rules, policies, and procedures. Develops and makes recommendations regarding the creation, revision, or abolishment of Human Resources rules, policies and procedures. ¾Develops and implements the Human Resources goals, objectives, policies and programs in accordance with federal and state law, and District policies, goals and objectives. ¾Plans, develops, directs and administers all Human Resources programs and functions including advising executive and management staff regarding sound Human Resources practices and techniques to effectively plan for and manage the District’s workforce. ¾Supervises staff performing Human Resources functions. Schedules activities, sets priorities, provides staff development and evaluates work performance. Recommends hiring of Human Resources staff; trains and develops Human Resources staff. ¾Develops, administers, and monitors assigned budget and Action Plan. ¾Initiates and conducts special studies and reports to determine the feasibility and need for new programs and services. ¾Directs and administers a comprehensive recruitment, testing, and selection, orientation and onboarding program in accordance with applicable state and federal rules and regulations. Coordinates work force planning and succession planning initiatives with District departments. May personally undertake executive recruitment assignments. ¾Develops, directs and administers background investigative policies and procedures; oversees and conducts background investigations; ensures equal employment opportunity for all candidates. ¾Has overall responsibility for managing labor negotiations, and serves as the District’s primary negotiator in meet-and-confer sessions with employee association(s) and in meetings with the Board of Directors, and obtaining direction and input from the General Manager and Exhibit B Human Resources Manager Page 3 of 7 other department directors. Conducts, or supports and coordinates with outside labor negotiator in conducting labor negotiations. Implements Memorandum of Understanding. ¾Achieves and maintains harmonious and productive management-employee labor relations including day-to-day administration of working relationships with employee associations and processing of grievances. ¾Administers and directs the District’s EEO programs. Investigates or oversees the investigation of internal and external complaints including alleged harassment or discriminatory conduct and recommends appropriate action. In coordination with the General Counsel’s office, represents the District to regulatory agencies to address formal complaints and prepares appropriate documentation. ¾In coordination with the General Counsel’s office, represents Human Resources and/or the District in administrative proceedings such as grievance arbitration, unemployment insurance appeal hearings, and disability retirement appeal hearings. ¾Advises, confers and counsels employees, supervisors and managers in the handling of interpersonal relationships, conflict resolution and consensus building. Assist in the mediation and resolution of workplace conflicts and concerns. ¾Serves as the custodian of records with the Department of Justice and manages the District’s Employee Pull Notice program. ¾Represents Human Resources in support of Board Committees as necessary. ¾Administers and maintains all aspects of the District’s classification, compensation and benefit programs. Determines appropriate internal and external comparators, and makes recommendations; develops, implements, and administers compensation strategies and programs and classification plans. ¾Directs the administration of the District’s multi-tiered employee benefits programs, including retirement, health, life, dental, vision, long-term disability, and employee assistance program. ¾Administers Consolidated Omnibus Budget Reconciliation Act (COBRA), unemployment insurance and leave of absence programs. Supports and monitors contracts with insurance brokers and various third-party benefits administrators and health carriers including workers’ compensation. ¾Manages the District’s safety and training programs and activities, including Occupational Health and Safety Administration (OSHA) compliance, safety, and staff development. ¾Manages the development and provision of employee development programs for the purpose of improving employee performance, facilitating internal promotions and maximizing employee contributions to the District. ¾In coordination with the General Counsel’s office, develops and administers loss prevention programs in order to minimize personal and District losses due to general liability, vehicle Exhibit B Human Resources Manager Page 4 of 7 liability and work related injury or illness; oversees insurance procurement and District participation in insurance pools. ¾Manages employee relations activities; provides advice and counsel to department managers, supervisors, and employees in the interpretation of human resources laws, rules, regulations, policies, procedures, administration of grievances, and compliance with Memorandum of Understanding (MOU); works closely with other management on issues that require resolution or contract clarification. ¾Manages the District’s performance management program. Oversees and ensures that performance evaluations are well-documented and submitted in a timely manner. ¾In coordination with the General Counsel’s office, identifies legal requirements and government regulations affecting human resource functions, and ensures policies, procedures, and reporting are in compliance. ¾Conducts or oversees workplace investigations; writes various notices and related correspondence for General Counsel’s office’s review and approval; makes recommendations to the General Manager and General Counsel; coaches managers and supervisors regarding the conduct of termination meetings and serving as witness to terminations; participates in the grievance process and attends grievance hearings. ¾Administers and manages a variety of functions in the human resources management program including developing and administering a records management system and ensuring compliance with applicable laws, rules, and regulations. ¾Provides staff assistance to the Chief Financial Officer/ Administrative Services Director; prepares and presents regulatory and staff reports and other written materials. May act as Director of Administrative Services in that person’s absence. ¾Monitors changes in laws, regulations, and technology that may affect District or human resources operations; implements policy and procedural changes as required. ¾Develops and maintains productive relationships with other jurisdictions and with all levels of government to ensure familiarity with current personnel practices and methodologies. ¾Attend Board of Directors meetings as assigned by the General Manager or Director of Administrative Services. ¾Performs other duties as assigned. QUALIFICATIONS Knowledge of: ¾Principles and practices of employee supervision, including work planning, assignment, review and evaluation, discipline, and the training of staff in work procedures. ¾Principles, practices, and techniques of human resources, including recruitment and selection, equal employment opportunity; job analysis and classification; compensation analysis and Exhibit B Human Resources Manager Page 5 of 7 administration; benefits administration, workers’ compensation; employee and labor relations, including negotiations and the interpretation of laws, regulations, policies, and procedures. ¾Principles and practice of organization, administration, budget and personnel management. ¾Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to Human resource administration and management, collective bargaining and labor relations, and equal employment opportunity. ¾Procedures and issues involved in administering benefit programs and laws including workers’ compensation, the California Public Employee Retirement System (CalPERS), COBRA, Affordable Care Act, Americans with Disabilities Act, state and federal leave laws and statutes, and other benefit programs. ¾Practices and techniques for evaluating and managing outcomes including the maintenance and analysis of human resources metrics. ¾Individual and organizational behavior, motivation, and theories of current management practices. ¾Principles and practices of leadership, effective communication, and effective organizations. ¾Modern office practices, methods, computer equipment, and basic computer applications. ¾Principles and procedures of record keeping and reporting. ¾English usage, spelling, vocabulary, grammar, and punctuation. ¾Techniques for effectively representing the District in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations. ¾Techniques for providing a high level of customer service to public and District staff, in person and over the telephone. Ability to: ¾Plan, manage, and direct the District’s human resources projects and programs. ¾Prepare and administer budgets for the Human Resources Division. ¾Develop, implement and monitor the Human Resources Division goals, objectives, policies and programs in accordance with District policies, goals and objectives. ¾Develop and make recommendations regarding the creation, revision, or abolishment of personnel rules, policies and procedures. ¾Conduct labor negotiations including developing management proposals, costing union proposals and representing the position of management in the conduct of formal negotiations in a unionized environment. Exhibit B Human Resources Manager Page 6 of 7 ¾Resolve and mediate conflict or concerns. Facilitate communication between all parties and keep in balance the best interest of the District. ¾Analyze problems, identify alternative solutions, project consequences of proposed actions, focus discussion of possible solutions, and implement recommendations in support of goals. ¾Prepare clear and concise reports, correspondence, procedures, instructions and other written materials. ¾Supervise, train, plan, organize, schedule, assign, review, and evaluate the work of staff. ¾Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local policies, procedures, laws, and regulations. ¾Maintain confidentiality of sensitive personal information of applicants, employees, former employees, and other matters affecting employee relations, and of peace officer personnel records. ¾Effectively represent the assigned function and the District in meetings with governmental agencies, contractors, vendors, and various businesses, professional, regulatory, and legislative organizations. ¾Establish and maintain a variety of manual and computerized files, record keeping, and project management systems. ¾Make sound, independent decisions within established policy and procedural guidelines. ¾Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. ¾Operate modern office equipment including computer equipment and software programs. ¾Use English effectively to communicate in person, over the telephone, and in writing. ¾Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines. ¾Establish, maintain, and foster positive and effective professional working relationships with co- workers, other managers, and others contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: A Bachelor’s degree in public or business administration, human resources, labor or industrial relations, or a related field. A Master’s degree is highly desirable. Five or more years of progressively responsible experience in the following areas: recruitment and selection, employee relations, labor relations (including contract negotiations), pay and classification, and benefits administration. Additionally, at least three years of supervisory/management experience is required. Licenses and Certifications: Possession of a valid California Driver’s License. Possession of a Human Resources professional certification is highly desirable, such as through the International Public Management Association for Human Resources, the Society for Human Exhibit B Human Resources Manager Page 7 of 7 Resources Management, the California Public Employers Labor Relations Association – Labor Relations Academy, or a certificate in HR Management from a university program. Licenses and Certifications: ¾Possession of a valid California Driver’s License. PHYSICAL DEMANDS Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds. ENVIRONMENTAL ELEMENTS Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. EFFECTIVE: FEBRUARY 2017 FLSA: Exempt Exhibit B Midpeninsula Regional Open Space District Human Resources Staffing Review GMO Briefing September 13, 2016 General Observations x The HR Unit is now fully staffed and works well together. Team members support each other and utilize a generalist approach to deliver HR services to the District. x The team is committed to providing quality customer service to District managers and general employees. Staffing Observations x Workload data provided from FY2013/14 through FY 2015-16 suggests the current staffing level is appropriate. The agency averaged 22.6 recruitments for each of those years and the volume of reclassification studies, workers compensation claims and disciplinary actions were all relatively low. This volume of work is well within the capabilities of current staffing. x It is expected that both reclassification studies and recruitments will increase as the organization grows. Additionally, the HR unit has a number of significant work plan items to complete, including: completion of HRIS implementation, redesign of the onboarding process, enhancement to training and development programming (including a Leadership Academy), and the redesign of the District’s performance evaluation process. This increase in workload justifies an additional HR Tech. x There is a lack of administrative support for the department. The District has periodically contracted with limited term support to aid in administrative tasks and has relied on higher-level classifications to fulfill these tasks. There is sufficient workload to justify a permanent clerical support position. This will allow the analysts and techs to perform higher-level duties and increase capacity. x The division is lead by a Supervisor position, which is a lower level classification than equivalent divisions reporting to the CFO/ Director of Administrative Services (Finance and IT). The Supervisor position does not participate as a member of the Department Managers Team, though it does attend monthly management meetings, which includes a broader cross-section of the district. x Responses to the Position Description Questionnaires (PDQs) are generally consistent with the job descriptions. There are two minor exceptions. Of the two MA IIs, Pamela Mullen is performing higher-level duties than Mindy Vargas. Ms. Vargas is working almost exclusively on recruitments while Ms. Mullen is performing other analyst duties. The HR Tech, Rutuja Khare, is performing some Analyst duties but is also working as an Attachment 2 Page 2 Acting HR Analyst while implementing the District’s new Human Resources Information System (HRIS). x Turnover at the HR Tech position was identified as an ongoing concern. The lack of promotional opportunities was cited as one reason for the turnover. The size of the District contributes to limited opportunities. Despite concern about potential turnover, the District should emphasize a learning environment that supports professional growth and development. This commitment fosters a spirit of innovation and teamwork and creates a desirable place to work. The District must also plan for potential turnover by ensuring that practices are well-documented and the team is prepared to provide training and back up support. The addition of a HR Clerk position may also provide a succession track. Programs and Services x Recruitments consume a significant amount of department staff time. x Responsibility for labor relations, including negotiations, currently resides outside the Human Resources division. With the realignment of Administrative functions under the CFO/Director of Administrative Services it no longer makes sense for the Assistant General Manager of Visitor and Field Services to oversee this function. This responsibility is optimally placed under the direction of a Human Resources Manager reporting to the CFO. x Increased pressure for organizational development activities, including the work plan items of onboarding, leadership training, and updating the employee performance evaluation process, as well as support for change management initiatives would be lessened with staff focused on these responsibilities. x The District conducts very few investigations and takes very few disciplinary actions. An analysis should be conducted to determine if this is because there are few incidents to investigate and few performance or conduct issues to deal with or for other reasons (i.e, unwillingness of managers to take problem on, feeling that efforts will not be supported by HR or by higher management). x The personnel policies appear to be generally complete and comprehensive; however, need for a reclassification policy has been identified. The new policy on closed recruitments allows flexibility in promotional examinations. Interviews with Managers suggest a need for improved training and communication regarding HR policies. Regular and ongoing review of policies and procedures is a best practice to remain current and relevant. x The current rate of workers compensation claims does not warrant a separate position for oversight; however, if the number of claims increases based on organizational growth this function may require further review. Attachment 2 Page 3 Recommendations x Align the analyst work to district business lines and maintain the generalist HR service delivery model, which supports cross-training and allows for back up support. Larger organizations are better suited to a specialized, functionally-driven model. x Add a Human Resources Manager to oversee the division. This position should be a working manager with responsibility for labor relations/negotiations, organization development and training program development, and leading policy and special project assignments, in addition to providing leadership and direction to the team. The HR Manager should be a strategic partner to the General Manager, Assistant General Managers, and Department Managers and actively participate in management team meetings and Department Manager meetings, providing leadership and direction in HR matters. x Participate in the regional intern program to provide additional capacity for special projects (e.g., developing onboarding program; designing Leadership Academy with direction from HR Manager). x Add second HR Tech position for increased capacity – assign responsibility for benefits and employee recognition and special events to this position (this position can also provide support to recruitments and class and compensation work). NOTE: if Option 2a or 2b is preferred the HR Tech will not be required for the additional capacity. x Add a HR Clerk position to reduce the time spent by higher-level staff on administrative activities. This position will perform administrative tasks and support performance management tracking, as well as recruitment and class and compensation clerical support. This position should be supervised by the more senior Management Analyst (Pamela) but provide support division-wide as directed by his/her supervisor. x Implement performance management practices to continually assess workload and performance (HRIS will aid in this effort). Assign tracking responsibility to new HR Clerk. Attachment 2 Hu m a n R e s o u r c e s M a n a g e r (6 F T E ) In t e r n Ke y R e s p o n s i b i l i t i e s La b o r r e l a t i o n s ( i n c l u d i n g n e g o t i a t i o n s ) Or g d e v e l o p m e n t a n d t r a i n i n g Po l i c y / p r o c e d u r e s Sp e c i a l p r o j e c t s Hu m a n R e s o u r c e s S u p e r v i s o r Di s t r i c t - w i d e P r o g r a m s (2 F T E ) Ke y R e s p o n s i b i l i t i e s Cl a s s a n d c o m p e n s a t i o n Ma n a g e m e n t A n a l y s t I I * Ma n a g e m e n t A n a l y s t I I Pe r f o r m a n c e m a n a g e m e n t PP & D / A d m i n V i s i t o r & F i e l d S e r v i c e s EE R e c o g n i t i o n / S p e c i a l E v e n t s Wo r k e r ' s C o m p e n s a t i o n Ke y R e s p o n s i b i l i t i e s Ke y R e s p o n s i b i l i t i e s Em p l o y e e R e l a t i o n s E m p l o y e e R e l a t i o n s Re c r u i t m e n t R e c r u i t m e n t HR A n a l y s t 1 * * Tr a i n i n g & S a f e t y S p e c i a l i s t HR C l e r k Ke y R e s p o n s i b i l i t i e s Ke y R e s p o n s i b i l i t i e s Be n e f i t s C o n t r a c t A d m i n i s t r a t i o n HR I S A d m i n i s t r a t i o n S a f e t y & E r g o n o m i c s Ke y R e s p o n s i b i l i t i e s Le a v e / F M L A S p e c i a l i z e d T r a i n i n g & D e v e l o p m e n t Ad m i n s u p p o r t Pa y r o l l Pe r f o r m a n c e m n g m n t t r a c k i n g & s u p p o r t Cl a s s & C o m p s u p p o r t Re c r u i t m e n t s u p p o r t Su m m a r y o f R e c o m m e n d a t i o n s ▪ A l i g n a n a l y s t w o r k t o D i s t r i c t b u s i n e s s l i n e s ▪ M a i n t a i n g e n e r a l i s t m o d e l t h a t s u p p o r t s c r os s - t r a i n i n g a n d a l l o w s fo r b a c k u p a n d s u p p o r t ▪ P a r t i c i p a t e i n t h e r e g i o n a l i n t e r n p r o g r a m t o p r o v i d e a d d i t i on a l c a p a c i t y f o r s p e c i a l p r o j e c t s ( e . g . , d e v e l o p i n g o n b o a r d i n g pr o g r a m ; d e s i g n i n g L e a d e r s h i p A c a d e m y w i t h d i r e c t i o n f r o m H R M a n a g e r ) ▪ A d d a H R C l e r k p o s i t i o n t o r e p o r t t o a M a n a g e m e n t A n a l y s t t o re d u c e t h e t i m e s p e n t b y h i g h e r l e v e l s t a f f o n a d m i n i s t r a t i v e a ct i v i t i e s ▪ I m p l e m e n t p e r f o r m a n c e m a n a g e m e nt p r a c t i c e s t o c o n t i n u a l l y a s s e s s w o r k l o a d a n d pe r f o r m a n c e ( H R I S w i l l a i d i n t h i s e f f o r t ) . A ss i g n t r a c k i n g r e s p o n s i b i l i t y t o n e w H R C l e r k ▪ E v a l u a t e n e e d f o r a s e c o n d H R T e c h b a s e d o n w o r k l o a d o v e r t i m e No t e : R e d i n d i c a t e s n e w p o s i t i o n *E v a l u a t e r e c l a s s i f i c a t i o n t o S e n i o r M a n a g e m e n t A n a l y s t ** T e c h w a s r e c l a s s i f i e d t o A n a l y s t I i n l a t e 2 0 1 6 ▪ A d d a H u m a n R e s o u r c e s M a n a g e r t o o v e r s e e t h e d i v i s i o n . P o s i ti o n w i l l b e a w o r k i n g m a n a g e r r e s p o n s i b l e f o r l a b o r r e l a t i o n s / n eg o t i a t i o n s , o r g a n i z a t i o n d e v e l o pm e n t a n d t r a i n i n g p r o g r a m d e v e lo p m e n t , a n d l e a d i n g p o l i c y a n d sp e c i a l p r o j e c t a s s i g n m e n t s Att a c h m e n t 3 Claims #11369 $1688 employee exposure medication - ? $1895.54 WC medication? Just wondering what these are! We have recently had employees in the field that were exposed to potential blood-borne pathogens in emergency response situations. In these cases the employees are sent for medical evaluation and testing, and they are often prescribed medication. These costs are often paid using a District credit card, and subsequently reimbursed to the District through our Workers Comp insurance program. Item 4 - I know we have all the right language about non-discrimination vs LGBT, but wondering if we have had enquiries or issues about restroom/locker room use or if we need policy? To date the HR has not had any requests or personnel issues around restroom or locker room usage. People who identify as transgender are protected by California law (California’s Fair Employment & Housing Act). According to California Department of Fair Employment and Housing, employers have an obligation to ensure that all employees have a right to safe and appropriate restroom and locker room facilities. This includes the right to use a restroom or locker room that corresponds to the employee’s gender identity, regardless of the employee’s assigned sex at birth. In addition, where possible, an employer should provide an easily accessible unisex single stall bathroom for use by any employee who desires increased privacy, regardless of the underlying reason. A private restroom of this type can also be used by an employee who does not want to share a restroom with a transgender coworker. However, use of a unisex single stall restroom should always be a matter of choice. No employee should be forced to use one either as a matter of policy or due to continuing harassment in a gender appropriate facility. http://www.dfeh.ca.gov/files/2016/09/DFEH163TGR.pdf