HomeMy Public PortalAbout09 September 9, 2015 ExecutiveRIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
MEETING AGENDA
TIME: 9:00 a.m.
DATE: Wednesday, September 9, 2015
LOCATION: CONFERENCE ROOM A
County of Riverside Administrative Center
4080 Lemon Street, Third Floor, Riverside
COMMITTEE MEMBERS
Daryl Busch, City of Perris – Chair
Scott Matas, City of Desert Hot Springs – Vice Chair
John F. Tavaglione, County of Riverside, District 2 – Second Vice Chair
Steven Hernandez, City of Coachella
Karen Spiegel, City of Corona
Rick Gibbs, City of Murrieta
Ben Benoit, City of Wildomar
Kevin Jeffries, County of Riverside, District 1
Chuck Washington, County of Riverside, District 3
John J. Benoit, County of Riverside, District 4
Marion Ashley, County of Riverside, District 5
AREAS OF RESPONSIBILITY
Reviews and makes final decisions on personnel issues
and office operational matters.
Comments are welcomed by the Committee. If you wish to provide comments to the Committee, please
complete and submit a Speaker Card to the Clerk of the Board.
COMM-EC-00019
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
9:00 a.m.
WEDNESDAY, SEPTEMBER 9, 2015
County of Riverside Administrative Center
Conference Room A
4080 Lemon Street, Third Floor, Riverside
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed
72 hours prior to the meeting, which are public records relating to open session agenda items, will be
available for inspection by members of the public prior to the meeting at the Commission office, 4080
Lemon Street, Third Floor, Riverside, CA, and on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the
Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787‐7141 if special
assistance is needed to participate in a Commission meeting, including accessibility and translation
services. Assistance is provided free of charge. Notification of at least 48 hours prior to the meeting time
will assist staff in assuring reasonable arrangements can be made to provide assistance at the meeting.
1. CALL TO ORDER
2. PUBLIC COMMENTS
3. APPROVAL OF THE MINUTES – JUNE 10, 2015
4. ADDITIONS/REVISIONS – The Committee may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came
to the attention of the Committee subsequent to the posting of the agenda. An action
adding an item to the agenda requires 2/3 vote of the Committee. If there are less than
2/3 of the Committee members present, adding an item to the agenda requires a
unanimous vote. Added items will be placed for discussion at the end of the agenda.
5. ADDITIONS AND REVISIONS TO THE PERSONNEL POLICIES AND PROCEDURES MANUAL
Overview
This item is for the Committee to:
1) Approve the additions and revisions to the Personnel Policies and Procedures
Manual (PPPM); and
2) Adopt Resolution No. 15‐019, “Resolution of the Riverside County Transportation
Commission Amending Its Personnel Policies and Procedures Manual”.
RCTC Executive Committee Agenda
September 9, 2015
Page 2
6. TITLE CHANGE TO CURRENT POSITION CLASSIFICATION
Overview
This item is for the Committee to:
1) Change the established classification title of Accounting Supervisor on range 33
($5,716 – $7,716 per month) to Accountant (General Accounting); and
2) Approve the revised organization chart.
7. LIVE STREAMING AND RECORDING OF COMMISSION AND COMMITTEE MEETINGS
Overview
This item is for the Committee to:
1) Authorize staff to live stream and record the Commission and Committee
meetings utilizing Microsoft Azure Media Services (MAMS) in the amount of $350
per month; and
2) Retain the recordings in accordance with the Commission’s Records Retention
Schedule.
8. ADJOURNMENT
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
ROLL CALL
SEPTEMBER 9, 2015
County of Riverside, District I
County of Riverside, District II
County of Riverside, District Ill
County of Riverside, District IV
County of Riverside, District V
City of Coachella
City of Corona
City of Desert Hot Springs
City of Murrieta
City of Perris
City of Wildomar
Present
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE SIGN-IN SHEET
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AGENDA ITEM 3
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
JUNE 10, 2015
Minutes
1. CALL TO ORDER
The meeting of the Executive Committee was called to order by Chair Daryl Busch at
9:02 a.m. in Conference Room A at the County of Riverside Administrative Center
4080 Lemon Street, Third Floor, Riverside, California, 92501.
Commissioners Present Commissioners Absent
Marion Ashley Kevin Jeffries
Ben Benoit John Tavaglione
John J. Benoit
Daryl Busch
Rick Gibbs
Steven Hernandez
Scott Matas
Karen Spiegel
Chuck Washington
2. PUBLIC COMMENTS
There were no requests to speak from the public.
3. APPROVAL OF MINUTES
M/S/C (Gibbs/Ashley) to approve the minutes of May 13, 2015, as submitted.
4. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
5. ADOPT RESOLUTION NO. 15‐013, “RESOLUTION OF THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION AMENDING ITS PERSONNEL POLICIES AND
PROCEDURES MANUAL” TO ADD THE RELOCATION EXPENSE REIMBURSEMENT POLICY
Beth Gutierrez, Human Resources Administrator, presented the proposed revision to
the Commission’s Personnel Policies and Procedures Manual related to relocation
expense reimbursement.
RCTC Executive Committee Minutes
June 10, 2015
Page 2
Anne Mayer, Executive Director, discussed the unique nature of the Toll Operations
Manager recruitment.
In response to Commissioner Gibbs’ question regarding the reimbursement amount,
Beth Gutierrez responded a survey was conducted of other public agencies to determine
this amount.
Anne Mayer added she believes the amount is appropriate and will return to the
Committee if necessary.
M/S/C (B. Benoit/J. Benoit) to adopt Resolution No. 15‐013, “Resolution of the
Riverside County Transportation Commission Amending Its Personnel Policies
and Procedures Manual”, to add §2.10.1 Relocation Expense Reimbursement
policy, guidelines, and procedures to the Personnel Policies and Procedures
Manual.
6. ADJOURNMENT
There being no other items to be considered, the Executive Committee meeting
adjourned at 9:09 a.m.
Respectfully submitted,
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 5
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 9, 2015
TO: Executive Committee
FROM: Beth Gutierrez, Human Resources Administrator
THROUGH: Anne Mayer, Executive Director
SUBJECT: Additions and Revisions to the Personnel Policies and Procedures Manual
STAFF RECOMMENDATION:
This item is for the Committee to:
1)Approve the additions and revisions to the Personnel Policies and Procedures Manual
(PPPM); and
2)Adopt Resolution No. 15-019, “Resolution of the Riverside County Transportation
Commission Amending Its Personnel Policies and Procedures Manual”.
BACKGROUND INFORMATION:
The purpose of the Commission’s PPPM is to provide fair and systematic procedures for the
administration of all matters affecting the status and activities of Commission employees. At
the time of hire, and with each amendment of the PPPM, employees sign an acknowledgement
form, which states it is their responsibility to read and comply with the policies contained in the
PPPM. The last full review and amendment of the PPPM was completed and approved on
October 9, 2013.
Staff completed the review and revised the PPPM. The revised PPPM has been reviewed and
approved by the Executive Director, Deputy Executive Director, and legal counsel. The majority
of the proposed revisions to the PPPM are minor language changes made to conform to legal
requirements. Beyond the minor language changes made throughout the PPPM, the following
are key additions and revisions for your consideration:
Section § Description of Proposed Language Changes
3.8 Revised the Exempt Employees title listing to reflect current position titles based
upon results from the Classification & Compensation Study completed in
July 2015.
4.6 Removed language for the Employer Paid Member Contribution (EPMC) and
outlined the retirement benefit provisions for New Members (PEPRA) with
CalPERS. This change is based upon the new PEPRA laws and CalPERS
requirements that the employer can no longer pay for member contributions.
Agenda Item 5
1
5.1.1 Added language for the new Mandated Sick Leave Law (AB1522) for non-
benefited, part time, and temporary employees effective July 1, 2015. Employers
are now required to provide up to 24 hours of paid sick leave each year.
Staff is recommending the Commission adopt Resolution No. 15-019, “Resolution of the
Riverside County Transportation Commission Amending Its Personnel Policies and Procedures
Manual“.
There is no fiscal impact to the Commission.
Attachments:
1)Revised PPPM
2)Resolution No. 15-019
Agenda Item 5
2
Adopted: 10/9/2013
Resolution No. 13-067
PERSONNEL
POLICIES AND
PROCEDURES
MANUAL
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
ATTACHMENT 1
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Table of Contents Page
SECTION 1 –– GENERAL PROVISIONS ............................................................................................ 7
§1.1 Purpose.................................................................................................................... 7
§1.2 Prior Policies Repealed ............................................................................................ 7
§1.3 Term of Manual ....................................................................................................... 7
§1.4 Equal Employment Opportunity (EEO) Program .................................................... 7
§1.5 Violation of Personnel Policy .................................................................................. 8
§1.6 Department Policies and Procedures ..................................................................... 8
§1.7 Distribution of Personnel Policies ........................................................................... 8
§1.8 Definition of Terms ................................................................................................. 9
§1.9 Application of this Manual .................................................................................... 13
§1.10 Savings Clause ....................................................................................................... 13
SECTION 2 –– RECRUITMENT, SELECTION, AND PLACEMENT .................................................... 13
§2.1 Classification Plan .................................................................................................. 13
§2.2 Reclassification ...................................................................................................... 13
§2.3 Vacancies ............................................................................................................... 13
§2.4 Personnel Requisitions .......................................................................................... 14
§2.5 Announcements .................................................................................................... 14
§2.6 Qualification of Applicants .................................................................................... 14
§2.7 Submitting Application Packages .......................................................................... 14
§2.8 Incomplete Application Packages ......................................................................... 14
§2.9 Initial Applicant Screening .................................................................................... 14
§2.10 Recruitment and Selection .................................................................................... 15
§2.10.1 Relocation Reimbursement Policy………………………………………………………………….15
§2.11 Promotion ............................................................................................................. 19
SECTION 3 –– TERMS OF EMPLOYMENT ..................................................................................... 19
§3.1 Orientation ............................................................................................................ 19
§3.2 Probationary Period .............................................................................................. 20
§3.3 Attendance ............................................................................................................ 21
§3.4 Hours of Work ....................................................................................................... 21
§3.5 Unauthorized Absences ........................................................................................ 22
§3.6 Overtime ................................................................................................................ 23
§3.7 Non-Exempt Employees ........................................................................................ 23
§3.8 Exempt Employees ................................................................................................ 23
§3.9 Compensation ....................................................................................................... 25
§3.10 Salary Review ........................................................................................................ 25
§3.11 Performance Evaluations ...................................................................................... 25
§3.12 Service Awards ...................................................................................................... 26
§3.13 Safety ..................................................................................................................... 26
§3.14 Keys and Security Codes........................................................................................ 26
§3.15 Political Activity ..................................................................................................... 26
§3.16 Conflict of Interest and Outside Activities/Employment ...................................... 27
§3.17 Nepotism and Other Prohibited Employment ...................................................... 29
§3.18 Demotion ............................................................................................................... 30
§3.19 Suspension Without Pay ....................................................................................... 30
§3.20 Rejection of Probationary Employment ............................................................... 30
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§3.21 Discharge ............................................................................................................... 30
§3.22 Resignation ............................................................................................................ 30
§3.23 Death of Employee ................................................................................................ 31
§3.24 Dress Code ............................................................................................................. 31
SECTION 4 –– EMPLOYEE BENEFITS ............................................................................................ 32
§4.1 Benefit Plan ........................................................................................................... 32
§4.2 Medical .................................................................................................................. 32
§4.3 Short- and Long-Term Disability Insurance ........................................................... 34
§4.4 Life Insurance ........................................................................................................ 34
§4.5 Dental/Vision Program .......................................................................................... 34
§4.6 Retirement Program ............................................................................................. 34
§4.7 401(a) Qualified Plan ............................................................................................. 36
§4.8 457 Deferred Compensation ................................................................................. 36
§4.9 Workers’ Compensation ....................................................................................... 36
§4.10 Unemployment Insurance ..................................................................................... 36
§4.11 Continuation of Benefits Coverage ....................................................................... 37
§4.12 Education Reimbursement.................................................................................... 37
§4.13 Employee Assistance Services ............................................................................... 38
§4.14 Flexible Reimbursement Plan ............................................................................... 39
§4.15 Employee Transportation Assistance .................................................................... 39
SECTION 5 –– LEAVE, VACATION AND HOLIDAYS ....................................................................... 39
§5.1 Sick Leave .............................................................................................................. 39
§5.1.1 Minimum Paid Sick Leave Usage for Non-Benefited, Temporary Employees
§5.2 Sick Leave Conversion to Vacation/Cash Out ....................................................... 41
§5.3 Holiday Leave ........................................................................................................ 44
§5.4 Vacation ................................................................................................................. 45
§5.5 Vacation Cash Out ................................................................................................. 46
§5.6 Administrative Leave ............................................................................................. 46
§5.7 Jury Duty Leave ..................................................................................................... 46
§5.8 Leave of Absence Without Pay ............................................................................. 47
§5.9 Military Leave ........................................................................................................ 47
§5.10 Accrued Leave Donation Program ........................................................................ 48
SECTION 6 –– PART-TIME AND TEMPORARY EMPLOYEES.......................................................... 49
§6.1 Regular Part-time Employees................................................................................ 49
§6.2 Temporary Employees .......................................................................................... 50
§6.3 Employment of Retired Persons ........................................................................... 50
SECTION 7 –– GRIEVANCE PROCEDURE ...................................................................................... 52
§7.1 Policy ..................................................................................................................... 52
§7.2 Steps in the Grievance Procedure ......................................................................... 52
§8.1 Forms of Discipline ................................................................................................ 53
§8.2 Disciplinary Process ............................................................................................... 54
SECTION 9 –– LAYOFF POLICY AND PROCEDURE ........................................................................ 57
§9.1 Statement of Intent ............................................................................................... 57
§9.2 Guidelines .............................................................................................................. 57
§9.3 Reporting and Communication Requirements ..................................................... 57
§9.4 Reinstatement ....................................................................................................... 58
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SECTION 10 –– REPORTS AND RECORD KEEPING ....................................................................... 59
§10.1 Personnel Files ...................................................................................................... 59
§10.2 Change of Status Report ....................................................................................... 59
§10.3 Personnel Action Form .......................................................................................... 59
§10.4 Time Cards ............................................................................................................. 59
§10.5 Records Review and Access .................................................................................. 59
§10.6 Employee Access ................................................................................................... 60
§10.7 Disclosure of Employee Information .................................................................... 60
§10.8 Protection of Confidentiality ................................................................................. 60
SECTION 11 –– HARASSMENT-FREE WORKPLACE POLICY .......................................................... 60
§11.1 General Provisions................................................................................................. 60
§11.2 Harassment-Free Environment ............................................................................. 61
§11.3 Sexual Harassment ................................................................................................ 62
§11.4 Violation Reporting ............................................................................................... 63
§11.5 Retaliation ............................................................................................................. 64
SECTION 12 –– VIOLENCE IN THE WORKPLACE POLICY .............................................................. 64
§12.1 General Provisions................................................................................................. 64
§12.2 Zero Tolerance ...................................................................................................... 65
§12.3 Acts or Threats of Violence ................................................................................... 65
§12.4 Reporting Procedure ............................................................................................. 65
§12.5 Disciplinary Action ................................................................................................. 66
§12.6 Retaliation ............................................................................................................. 66
§12.7 Training .................................................................................................................. 66
SECTION 13 –– DRUG-FREE WORKPLACE POLICY ....................................................................... 67
§13.1 General Provisions................................................................................................. 67
§13.2 Definitions: For Purposes of this Policy ............................................................... 67
§13.3 Scope ..................................................................................................................... 68
§13.4 Prohibited Conduct ............................................................................................... 68
§13.5 Alcohol/Drug Testing ............................................................................................. 69
§13.6 Disciplinary Action ................................................................................................. 70
§13.7 Drug-Free Awareness Program ............................................................................. 71
§13.8 Use of Legal Drugs ................................................................................................. 71
§13.9 Unregulated or Unauthorized Conduct ................................................................ 71
§13.10 Confidentiality ....................................................................................................... 72
§13.11 Counseling/Employee Assistance ......................................................................... 72
SECTION 14 –– VEHICLE OPERATION POLICY .............................................................................. 72
§14.1 Policy ..................................................................................................................... 72
§14.2 Driver's License ...................................................................................................... 72
§14.3 Driver's Record ...................................................................................................... 73
§14.4 Prohibition on Use of Phones, Emails, and Text While Driving ............................ 73
§14.5 Vehicle Citation ..................................................................................................... 73
§14.6 Policy for Employer-Provided Vehicles ................................................................. 73
§14.6.1 Care and Maintenance of Employer-Provided Vehicle......................................... 73
§14.6.2 Taxation Requirements of Employer-Provided Vehicle ........................................ 74
§14.6.3 Return of the Employer-Provided Vehicle ............................................................ 74
§14.6.4 Driver's License While Operating an Employer-Provided Vehicle ........................ 74
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§14.6.5 Driver's Record While Driving an Employer-Provided Vehicle ............................. 74
§14.6.6 Prohibition on Use of Phones, Emails, and Text While Driving ............................ 75
§14.6.7 Vehicle Citations While Driving an Employer-Provided Vehicle ........................... 75
SECTION 15 –– EXPENSE REIMBURSEMENT ............................................................................... 75
§15.1 Transportation....................................................................................................... 75
§15.2 Lodging .................................................................................................................. 77
§15.3 Meals ..................................................................................................................... 78
§15.4 Communications ................................................................................................... 79
§15.5 Incidentals ............................................................................................................. 79
§15.6 Registration Fees ................................................................................................... 80
§15.7 Memberships and Professional Certifications ...................................................... 80
§15.8 Expenditures in Excess of Allowable Expenses ..................................................... 80
§15.9 Travel Advance ...................................................................................................... 80
§15.10 Documentation ..................................................................................................... 80
§15.11 Payment to Former Employees ............................................................................. 81
SECTION 16 –– ELECTRONICS COMMUNICATIONS POLICY ........................................................ 81
§16.1 General Provisions................................................................................................. 81
§16.2 Ownership, Authorization and Privacy ................................................................. 82
§16.3 Disclosure .............................................................................................................. 83
§16.4 Prohibited Uses ..................................................................................................... 83
§16.5 Authorized Use of E-mail and Telephone Systems ............................................... 84
§16.6 Guidelines for the Use of E-mail ........................................................................... 85
§16.7 Internet Usage ....................................................................................................... 85
§16.8 Security and Audits ............................................................................................... 87
SECTION 17 –– EMPLOYEE GIFT AND CONTRIBUTION LIMITATIONS ......................................... 87
SECTION 18 –– FAMILY AND MEDICAL LEAVE POLICY ................................................................ 88
§18.1 Scope ..................................................................................................................... 88
§18.2 Purpose of Leave ................................................................................................... 88
§18.3 Eligibility ................................................................................................................ 89
§18.4 Special Rules for Pregnancy Disability Leave ........................................................ 89
§18.5 Special Rules Regarding the Employment of Spouses/Parents ............................ 90
§18.6 Calculating the Twelve (12) Month Period ........................................................... 91
§18.7 Employee Notice Requirements ........................................................................... 91
§18.8 RCTC Determination and Notification to Employee ............................................. 91
§18.9 Medical Certification ............................................................................................. 92
§18.10 Minimum Period of Leave ..................................................................................... 94
§18.11 Intermittent Leave and Temporary Transfers ...................................................... 95
§18.12 Continuation of Health and Other Benefits .......................................................... 95
§18.13 Coordination of CFRA and FMLA Leave ................................................................ 96
§18.14 Substitution of Leave ............................................................................................ 96
§18.15 Reinstatement ....................................................................................................... 96
§18.16 Denial of Reinstatement ....................................................................................... 97
§18.17 Benefits Accrual ..................................................................................................... 97
§18.18 Additional Information .......................................................................................... 98
§19.1 Eligibility ................................................................................................................ 98
§19.2 Pregnancy Disability Leave .................................................................................... 98
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§19.3 Leave Due to Normal Childbirth ........................................................................... 98
§19.4 Leave/Transfer and Other Reasonable Accommodation Requests ..................... 98
§19.5 Intermittent Leave ................................................................................................ 99
§19.6 Temporary Transfers ............................................................................................. 99
§19.7 Certifications ....................................................................................................... 100
§19.8 Recertification ..................................................................................................... 100
§19.9 Fitness for Duty ................................................................................................... 100
§19.10 Pay During Leave ................................................................................................. 101
§19.11 Reinstatement ..................................................................................................... 101
§19.12 Seniority and Benefits ......................................................................................... 102
§19.13 Federal Family and Medical Leave ...................................................................... 102
§19.14 Group Health Insurance ...................................................................................... 102
§19.15 California Family and Medical Leave .................................................................. 103
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SECTION 1 –– GENERAL PROVISIONS
§1.1 Purpose
The purpose of this Personnel Policies and Procedures Manual (Manual) is to provide guidance in
the application of a fair personnel management policy that promotes the efficient and economical
delivery of Riverside County Transportation Commission (RCTC) services.
§1.2 Prior Policies Repealed
In the event that the terms and provisions of this Manual are inconsistent or in conflict with the
terms and provisions of any prior RCTC personnel policy and procedures, resolutions, rules, and
regulations governing the same subject, the terms of this Manual shall prevail and such
inconsistent or conflicting provisions or prior resolutions, rules, and regulations are hereby
repealed effective on the date of adoption of this Manual.
§1.3 Term of Manual
This Manual takes effect when adopted by RCTC. The Manual shall remain in effect unless
repealed, in whole or part, by RCTC. Notwithstanding the foregoing, the RCTC’s Executive
Committee may, in its sole discretion, add to, delete, or otherwise modify the policies and
procedures of this Manual.
§1.4 Equal Employment Opportunity (EEO) Program
§ 1.4.1 Purpose
The purpose of this policy is to establish an equal employment opportunity (EEO) program
for all applicants and employees of RCTC.
§ 1.4.2 Policy Defined
It is the policy of RCTC to provide EEO to all applicants and employees. RCTC does not
unlawfully discriminate on the basis of race, color, religion, sex (including pregnancy,
childbirth, or related medical conditions), gender including gender identity and gender
expression, national origin, ancestry, age (40 and over), physical or mental disability, legally
protected medical condition, family care status, veteran status, marital status, sexual
orientation, genetic characteristics, or any other basis protected by state or federal laws.
§ 1.4.2.1 Policy Application
RCTC’s EEO policy applies to all areas of employment including recruitment, selection,
promotion, termination, transfer, layoff, compensation, benefits, training, performance
evaluations, and other personnel actions, procedures and examinations.
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§ 1.4.2.2 Responsibility Assignments
It is the responsibility of every manager and employee to conscientiously follow the EEO
policy.
§ 1.4.3 Applicants and Employees with Disabilities
§1.4.3.1 Non-Discrimination
It is the policy of RCTC not to discriminate on the basis of disability for employment. It is
the intent of RCTC to provide qualified disabled employees with a bias free work
environment. RCTC will provide reasonable accommodation in compliance with the
Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA).
Reasonable effort will be made to provide an accessible work environment.
§1.4.3.2 Interactive Process
RCTC will engage in the interactive process, as defined by the ADA and FEHA, to determine
whether a qualified disabled applicant or employee is able to perform their essential
functions. If the employee or applicant cannot perform the essential functions of their
position, RCTC will examine possible reasonable accommodations that will make it possible
for the employee or applicant to perform. Such interactive process will include a meeting
with the employee or applicant and RCTC.
§1.5 Violation of Personnel Policy
Violation of the provisions of this Manual by an employee may subject the employee to disciplinary
action, up to and including discharge from employment.
§1.6 Department Policies and Procedures
Department managers may issue such policies and procedures as deemed necessary for the
efficient and orderly administration of the department. However, no such policies or procedures
shall conflict with or supersede the policies and procedures in this Manual. Departmental policies
and procedures shall not be effective until approved, in writing, by the Department Director and
the Manager responsible for Human Resources. Copies of department policies and procedures,
and amendments to the policies and procedures shall be distributed to each employee of the
department.
§1.7 Distribution of Personnel Policies
Copies of this Manual shall be distributed to each employee and will be made available
electronically.
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§1.8 Definition of Terms
Terms used in this Manual are defined as follows:
Acting Appointment – An appointment of a person on an interim basis pending later appointment
of an eligible person.
Allocate – The assignment of a single position to its proper job classification in the Employee
Classification Plan.
Applicant – Any person submitting a formal completed application for employment with RCTC.
Authorized Position – A specific work position within a job classification which is or may be held by
an employee.
Chair – A member of RCTC elected on a yearly basis to preside at all meetings of RCTC and perform
such other powers and duties as may be from time to time assigned to him/her by RCTC.
Class – All positions substantially similar with respect to duties, responsibilities, authority, and
character of work to permit grouping under a common title in the application with equity of
common standards of selection, transfer, and salary.
Compensation – Salary, wages, fees, benefits, allowances, or other monies paid to or on behalf of
an employee for personal services.
Continuous Service – Employment that is uninterrupted except by authorized absences.
Contract Employee – An individual employed by RCTC pursuant to the terms of an individual
employment contract that sets forth terms and conditions of employment. The rules shall apply to
contract employees to the extent they do not conflict with the contract.
Days – Defined as working days.
Demotion – The movement of an employee from one class to another class having a lower
maximum base rate of pay.
Dependent – The spouse or other dependent of an employee who is eligible to receive benefits
under a specific benefit program offered by RCTC and who is specifically defined as a tax
dependent under Section 105(b) of the Internal Revenue Code. Dependent shall also mean, as to
health benefits offered by RCTC, any child (as defined in Section 152(f)(1) of the Internal Revenue
Code) of an employee until the child turns 26 years of age.
Disciplinary Action – A personnel action in the form of a discharge, demotion, reduction in pay,
suspension without pay, oral reprimand, and written reprimand of a regular employee.
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Discharge – Involuntary termination of regular employment with the RCTC.
Employee – A person who is occupying a position at RCTC. The various types of RCTC employees
may include regular, temporary, contract, and probationary. Some types of employees may also
be labeled as full-time or part-time and differentiated as exempt or non-exempt employees.
Employee Classification Plan – Classes of positions defined by class specifications as approved by
the Executive Committee including titles that group all positions with similar minimum
qualifications, duties, responsibilities, authority, character of work, and schedules of compensation
within the same class (Section 2.1).
Executive Committee – Policymaking committee comprised of a subset of RCTC Commissioners.
Executive Director – The position selected by RCTC to serve as the Chief Executive Officer of RCTC.
Exempt Employee – An employee who is not eligible for overtime pay. A list of current exempt
positions is contained in Section 3.8 of this Manual. Additional positions may be created.
First-Line Supervisor – The most immediate person to whom an employee reports for work
assignments and direction.
Fiscal Year – The fiscal year for RCTC begins on July 1 and ends on June 30 of the next year.
Full-Time Employee – An employee of RCTC who usually works forty (40) hours per week.
Grievance – Good faith complaint of an employee or a group of employees or a dispute between
RCTC and said employee or group of employees involving the interpretation, application, or
enforcement of this Manual; provided, however, any of the following complaints are not grievable:
the content of a performance evaluation, the denial of a merit pay increase, employee
classification, disciplinary action, rejection from probation, and termination of a contract, or
temporary, employee.
Grievance Procedure – The systematic means by which an employee may obtain consideration of a
grievance.
Immediate Family Member – An employee's father, mother, spouse, registered domestic partner,
child, brother, sister, grandparent, grandchild, parent-in-law, brother-in-law, sister-in-law, foster
child, ward of court, or stepchild.
Job Classification – Another name for “Class”, which is all positions substantially similar with
respect to duties, responsibilities, authority, and character of work, to permit grouping under a
common title in the application with equity of common standards of selection, transfer, and salary.
Layoff – The separation of a regular employee from RCTC that has been made necessary by lack of
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work, or funds, and other reasons.
Leave of Absence – An authorized absence from duty for a specified period.
Manager responsible for Human Resources – The employee of RCTC designated by the Executive
Director to oversee the Human Resources Department.
Merit Salary Increase – A salary increase within the limits of a pay range established for a class.
Non-exempt Employee – An employee who is eligible for overtime pay. Any employee who is not
designated as being exempt in Section 3.8 of this Manual is considered to be non-exempt.
Part-time Employee – An employee of RCTC who usually works less than forty (40) hours per week,
but more than twenty (20) hours per week.
Performance Evaluation – A review and evaluation of an employee's performance and capabilities
in the employee's authorized position by the employee's First-Line Supervisor or other manager.
Position – A group of current duties and responsibilities assigned or delegated by competent
authority and requiring the full or part-time services of one (1) employee.
Probationary Employee – An employee who is serving a probationary period either as a newly
hired employee or as a new promotion.
Probationary Period – The first 2,080 hours or such duly extended period of employment, during
which an employee may be rejected without cause and without recourse to the grievance
procedure or any other appeal right. Contract and temporary employees do not serve a
probationary period and may be terminated at any time without cause and without recourse to
the grievance procedure or any other appeal right.
Promotion – The movement of an employee from one class to another class having a higher
maximum base rate of pay.
Reclassification – The movement of a position from one class to another class in accordance with a
re-evaluation of the minimum qualifications, duties, and responsibilities of the position.
Reduction in Pay – A temporary or permanent decrease in salary.
Regular Employee – An employee who has successfully completed the probationary period.
Reinstatement – The restoration without examination of a former regular employee to a
classification in which the employee formerly served as a regular employee.
Rejected – Involuntary termination of probationary employment with the RCTC, or in the case of a
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regular employee serving a promotional probationary period, demotion to former position.
Relative – A spouse, registered domestic partner, child, step-child, parent, step-parent,
parent-in-law, legal guardian, brother, sister, brother-in-law, sister-in-law, step-sister,
step-brother, aunt, uncle, niece, nephew, grandchild, or grandparent, regardless of their places of
residence; and any other individual living within the same household as the subject person.
Resignation – Voluntary termination of employment by an employee.
Retired Annuitant – A retired employee currently receiving benefits from CalPERS working for
RCTC as a temporary employee without reinstatement and with certain restrictions as provided by
the Public Employees’ Retirement Law (PERL).
Salary Range – Categories which determine the minimum and maximum salary payable for each
job classification.
Sick Leave – A paid absence from duty by an employee due to any of the reasons set forth in
Section 5.1 of this Manual.
Second-Line Supervisor – A person who has responsibility for the direction of the work of a specific
employee in the absence of the First-Line Supervisor.
Suspension With Pay – A temporary separation of an employee, either fully or partially from
assigned duties, with pay and benefits, pending investigation of alleged employee misconduct,
pending imposition of discipline, or for other reasons.
Suspension Without Pay – A temporary separation of an employee from service, without pay, for a
disciplinary purpose.
Temporary Employee – An employee, including, but not limited to, interns, hired for a specified
purpose for a limited period of time. Such employees may be discharged without cause and
without recourse to the grievance procedure or any other appeal right.
Termination – The conclusion or cessation of employment with RCTC because of retirement,
resignation, discharge, rejection, or death.
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Transfer – The movement of an employee within a department or between departments from one
position to another position in the same class or another class having the same maximum rate of
pay, involving the performance of similar duties, and requiring substantially the same basic
qualification.
Vacancy – An unfilled, authorized position in RCTC employment.
§1.9 Application of this Manual
Unless provided otherwise herein, this Manual shall apply to all positions and employments in the
service of RCTC.
§1.10 Savings Clause
If any provision or the application of any provision of this Manual, as implemented, is rendered or
declared invalid by any final court action in a court of competent jurisdiction, or by reason of any
preemptive legislation, the remaining provisions of this Manual shall remain in full force and
effect.
SECTION 2 –– RECRUITMENT, SELECTION, AND PLACEMENT
§2.1 Classification Plan
The Manager responsible for Human Resources, under the direction of the Executive Director, shall
ascertain and record the duties and responsibilities of all positions in the RCTC. The Manager
responsible for Human Resources shall be responsible for preparing and maintaining an employee
classification plan for RCTC. The Executive Director shall recommend a classification plan for such
positions. The classification plan shall consist of classes of positions defined by class specification,
including the title. The classification plan shall be so developed and maintained that all positions
substantially similar with respect to duties, responsibilities, authority, and character of work are
included within the same class, and that the same schedules of compensation may be made to
apply under similar working conditions to all positions in the same class.
The classification plan shall be adopted by the Executive Committee and may be amended from
time to time. A newly created position shall not be filled until approved by the Executive
Committee.
§2.2 Reclassification
The Executive Director can reassign position classifications, when circumstances require changes in
responsibilities.
§2.3 Vacancies
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When a vacancy occurs in an authorized position, the First-Line Supervisor will submit a request to
fill the vacancy to the Human Resources Department. The immediate supervisor may recommend
to fill the vacancy through internal or external recruitment. The Executive Director shall
determine the process for selection or, in the alternative, determine that it is in RCTC’s best
interest to leave the position vacant, or that the position warrants a down grade in the job
classification or pay grade. This section shall not be construed to limit in any way the Executive
Director’s right to hire the most qualified person available to fill any vacancy.
§2.4 Personnel Requisitions
All requests for personnel shall be submitted to the Human Resources Department on a Personnel
Requisition Form. The Personnel Requisition Form shall be completed and signed by the First-Line
Supervisor. The form shall be submitted to the Executive Director for approval and shall satisfy all
Personnel Requisitions in accordance with RCTC’s recruitment policy.
§2.5 Announcements
The Human Resources Department shall publish announcements which shall state the position
title, rate of pay, desired qualifications, when and where to file applications, and other pertinent
information. Employment standards stated in the announcement shall be those established for
the class.
Announcements shall be considered published when they are posted on the RCTC Internet
website. The Human Resources Department may publish additional notices in other locations.
§2.6 Qualification of Applicants
Person employed in or appointed to any position requiring full-time or part-time service must
possess minimum qualifications.
§2.7 Submitting Application Packages
Signed original and complete application packages must be received by RCTC no later than 4:00
p.m. on the final filing date unless advertised as open until filled.
§2.8 Incomplete Application Packages
Incomplete application packages may be returned to the applicant with notice to amend at the
discretion of RCTC. Incomplete application packages, like all other application packages, received
after the filing period will not be given consideration for RCTC employment.
§2.9 Initial Applicant Screening
The First-Line Supervisor seeking to hire a new employee may disqualify an applicant or refuse to
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refer any person for employment for, but not limited to, the following reasons:
A. The applicant does not possess the minimum qualifications established for the
position;
B. The applicant has been dismissed for good cause from previous employment;
C. The applicant has been convicted of a felony or misdemeanor that was of such a
nature as to reflect adversely and substantially on the applicant's ability to perform
the duties of the position. The word "convicted" shall be construed to mean a plea
of guilty or no contender, verdict, or finding of guilt regardless of whether sentence
is imposed by the court;
C. The applicant has practiced or attempted to practice any deception, fraud, or
omission of material fact in the application or interview, or in securing eligibility for
employment.
The Executive Director and/or the appropriate Director shall have final approval as it pertains to
qualification of applicants.
§2.10 Recruitment and Selection
Offers of employment shall be extended to selected candidates only by the Executive Director or
the Manager responsible for Human Resources at the direction of the Executive Director.
Employment offers for all positions shall be made in writing and shall include starting rate of pay
on a monthly basis. All employment offers are contingent upon the fulfillment of any
contingencies mentioned in the written offer of employment.
The Executive Director has the authority to negotiate a higher accrual rate of vacation and sick
leave for new employees when, in the judgment of the Executive Director, the education, training,
and experience of a proposed employee are superior and justify a higher rate. These changes
must be documented in writing to the Human Resources Department and the Payroll Department
prior to the first day of work for the new hire.
§2.10.1 Relocation Reimbursement
It is the intent of the Riverside County Transportation Commission (RCTC) to fill job openings in the
most economical way possible. Payment of relocation expenses will only be authorized, when
there is a lack of qualified candidates in the local labor market to fill what typically would be
management (executive or program/project) or a critical hire position. The underlying philosophy
of this relocation expense policy is that claims and payments should cover necessary, reasonable
and actual expenditures and be fair and equitable to employees and RCTC.
As delegated by the Executive Committee, this policy for payment of relocation expenses is
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administered by the Executive Director and is dependent upon funds available during the fiscal
year. Any offers to pay relocation expenses require prior written approval by the Executive
Director or designee.
The purpose of the Relocation Expense Reimbursement Policy and Guidelines is to provide a
means for compensating eligible employees for pre-authorized and reasonable relocation
expenses. This document states RCTC policy, guidelines, and procedures for payment.
A. Eligibility for Relocation Expense Payment
Payment for relocation expenses may be authorized for a new employee in a management
and/or critical hire position who resides outside of the Riverside County area. Relocation
expenses will only be authorized for new hires who live in excess of 250 miles from
Riverside County at time of initial employment offer. Each situation will be reviewed on an
individual basis, taking into consideration the reasonableness of the proposed request. No
request will automatically qualify for reimbursement.
1. Voluntary Resignation
Authorized relocation expenses must be repaid to RCTC if the employee
voluntarily resigns from employment as specified below:
a) Within twelve (12) months of hire date: 75% of paid relocation expenses
b) Between twelve (12) and eighteen (18) months of hire date: 50% of paid
relocation expenses
c) Between eighteen (18) and twenty-four (24) months of hire date: 25% of
paid relocation expenses
d) No repayment is required after twenty-four (24) months of employment
2. Involuntary Termination
For involuntary termination of employment for reasons other than reduction in
force or organizational change, a repayment of relocation expenses is to be paid
as follows:
a) Within twelve (12) months of hire date: 100% of paid relocation expenses
b) Between twelve (12) and twenty-four (24) months of hire date: 50% of
paid relocation expenses
B. Eligible Relocation Expenses
Relocation expenses paid to a new employee for the employee's benefit, are considered
compensation, and will be added to the employee's W-2 statement at the end of the
calendar year. Federal and state laws require taxation on certain reimbursed relocation
expenses. When authorized by RCTC, an eligible employee can be granted compensation
for relocation expenses as shown below. RCTC will provide an advance payment to the
employee, when authorized, within the total amount allocated for relocation for one or
more of the following expenses:
1. Moving Expenses
a) Household Goods and Personal Property. The cost of packing, loading,
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transporting, unloading, and unpacking household goods and personal
property.
b) Passenger Vehicles. The cost of shipping and insuring in-transit passenger
vehicles by a moving company car carrier service.
c) Insurance. The cost of moving protection insurance for the actual value of
household goods and personal property.
d) Appliance Service. The cost of disconnecting and re-installation of appliances
at origin and destination for washers, dryers, refrigerators, freezers, stoves,
etc. Any additional charges for storage-in-transit at point of origin, extra
pick-up and deliveries, entry into pallets, and storage charges must be paid
by the employee directly to the moving company.
2. Transportation Expenses
Actual transportation expenses for the employee and the employee's immediate
family, from the prior residence to the workplace. Transportation will be by the
most direct route, using:
a) Air Coach (economy rate)
b) Automobile. If the employee drives, in lieu of shipping automobile, payment
will be at the most current IRS rate per mile.
c) First Class Rail Fare and roomette during overnight travel, whichever is
more economical.
d) Tolls and parking costs.
3. Temporary Housing Expenses
RCTC will pay for temporary housing expenses associated with establishing a new
permanent residence for the purpose of:
a) Selling the original residence
b) Packing and shipping household items
Temporary housing costs are authorized for a period of up to 60 days. The Executive
Director can approve extensions in writing when deemed necessary. Authorization
for temporary living and commuting expenses will terminate once the employee
moves into his/her new residence.
C. Non-Eligible Expenses
Compensation will not be authorized for the expenses listed below:
1. Moving Expenses
a) Extra costs of Saturday, Sunday, holiday service, or waiting time.
b) Costs in excess of the costs required to move to or from a location other
than the established former residence at the time of hire. An employee may
relocate to or from a place other than the established former residence but
the cost may not exceed the amount which would be required to relocate
from the established former residence.
D. Claims Against Moving Company
The employee shall be responsible for selecting and contracting with a qualified and
reputable moving company. All claims against the moving company for lost or damaged
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goods should be negotiated directly between the employee and the moving company, or
the insurance company.
E. Maximum Reimbursement Allowable
The maximum amount of compensation for relocation shall be determined on an individual
basis by the Human Resources designee and approved by the Executive Director or
designee. In no event will the reimbursement provided under this policy exceed $20,000
unless a specific written approval is provided but he Executive Director under Section F,
below.
F. Approvals
All relocation agreements and expense payments within the limits specified in this
document require advance written authorization by the Executive Director or designee.
Human Resources will obtain approval of expenses and prepare the Relocation Expense
Reimbursement Authorization Form that includes the name of the individual, job
classification, starting salary, maximum negotiated allowance, and a statement that the
cost to be incurred will come from the hiring department’s approved budget.
All exceptions to the limits and items stated in this document require advance written
approval of the Executive Director including:
1. Relocation expense reimbursement which exceeds the maximum allowable
amount.
2. Any other items as stated in this policy.
G. Responsibility for Relocation Expenses
All relocation expenses will be charged to the hiring department utilizing the proper project
code as assigned by the Finance Department.
H. Procedure for Reimbursement
RCTC will reimburse a new employee’s reasonable relocation expenses, based on the
employee’s provided receipts and supporting documentation. An itemized explanation
along with relocation expense receipts must clearly describe the relocation expense and be
submitted to Human Resources no later than sixty (60) days from the first day of
employment.
Human Resources will review all documentation for clarity, approve the reimbursement
of eligible expenses, and forward to the Finance department for processing with the next
appropriate check run.
The employee is advised to consult with his/her accountant or tax professional to
determine which expenses might be tax-deductible. However, the entire amount
reimbursed to the employee from RCTC will be included on the W-2, as required by the
Internal Revenue Service.
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I. Relocation Expense Reimbursement Authorization Form
Those for whom relocation expenses are provided must sign the Relocation Expense
Reimbursement Authorization Form no later than the first day of employment with RCTC.
Any questions about reimbursement of relocation expenses or any aspect of this policy and
guidelines should be directed to Human Resources.
§2.11 Promotion
It is the policy of RCTC to fill authorized position vacancies with the most qualified individual
available and to provide promotional opportunities for qualified employees. Employees interested
in promotion to a position vacancy for which they are qualified shall submit an employment
application per the recruitment process. New employees, who have not completed the initial
probationary period for their current position, shall start a new probationary period for any new
position. After the successful completion of the probationary period in the new position, the
employee shall be classified as a regular employee.
Employees promoted to a new position shall be placed at a location within the salary range in
which the position is classified that represents a ten (10) percent increase in the employee's
current salary. An employee promoted to a new position having a minimum salary range higher
than a ten (10) percent increase over the employee's current salary shall be placed at the
minimum level of the new salary range. The Executive Director has the discretion to authorize
salary levels within the salary range based on the most recent compensation study.
Promotional offers shall be extended to selected candidates by the Executive Director.
Employment offers for all promotional positions shall be made in accordance with Section 2.10 of
this Manual.
Employees serving in an acting appointment shall not acquire probationary or regular status or
rights, and time spent in an "acting" position shall not contribute to the probationary period if the
employee is subsequently appointed to the position. Employees who are appointed to an acting
position will receive a temporary five (5) percent increase in their salary that will continue for the
duration of their acting position.
SECTION 3 –– TERMS OF EMPLOYMENT
§3.1 Orientation
New employees shall be provided an orientation by their First-Line Supervisor and the Human
Resources Department. The orientation will address issues such as hours of work, rest periods,
salary, benefits, probationary period, performance evaluation, position description, attendance,
sexual harassment policy, alcohol /drug abuse in the workplace policy, violence in the workplace,
electronic communication, sick leave, vacation, overtime, and other personnel issues. The
employee's First-Line Supervisor will provide the employee with a thorough orientation including,
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but not limited to, the following:
A. Outline current and long range departmental objectives;
B. Review the organization of the department and the names of key department
personnel;
C. Review department procedures;
D. Explain hours of work, timesheet reporting, lunch and break periods, and absence
reporting, and other RCTC policies;
E. Define work assignments, objectives and responsibilities;
F. Set measurable performance goals with the employee;
G. Conduct a tour of RCTC facilities including restrooms and parking facilities.
§3.2 Probationary Period
To ensure that new employees are able to satisfy requirements of the position for which they were
hired; each new employee, other than contract, and temporary employees shall be required to
serve a probationary period consisting of the employee’s first two thousand eighty (2,080) hours of
work time. The probationary period is required as part of the testing process and shall be utilized
for closely observing the employee's work. All employees will receive a quarterly progress report
and a performance evaluation prior to completion of the probationary period.
A probationary employee may be rejected at any time without cause and without recourse to the
grievance procedure or any other appeal right. If not sooner, any rejection of a probationary
employee must be communicated to the employee at the conclusion of the probationary period or
within a reasonable time thereafter. The quarterly progress report and performance evaluation
must be completed by the employee’s First-Line Supervisor. The decision to accept or reject the
probationary employee is also made by the First-Line Supervisor in consultation with the Manager
responsible for Human Resources and must be approved by the Executive Director.
Employees promoted to another job classification, shall be considered to be probationary
employees during the first two thousand eighty (2,080) hours of work time in the new position.
Employees failing to perform satisfactorily in the new classification may be rejected and returned
to their former position or to a position requiring similar skill and in a similar pay grade if such a
position is still available. Should the previous position not be available, the employee is subject to
discharge. Rejected employees shall not have recourse to the grievance procedure or any other
appeal right.
The initial probationary period of an employee may be extended by the First-Line Supervisor in
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consultation with the Manager responsible for Human Resources. Extensions of an initial
probationary period must be approved by the Manager responsible for Human Resources in
writing at least eighty (80) hours before the end of the initial probationary period. Approval is
made on a case-by-case basis and must be supported by documentation justifying the request.
The initial probationary period may only be extended once by a maximum of five hundred twenty
(520) hours of working time.
§3.3 Attendance
Employees shall be in attendance at their work place in accordance with the rules regarding hours
of work, holidays, and leaves. All employees shall keep their daily attendance. Attendance records
of employees shall be reported to payroll on the appropriate form. Absence without leave shall be
cause for discipline, up to and including discharge.
RCTC will maintain records of employee attendance to identify critical and chronic attendance
problems. Employee attendance will be reviewed and evaluated during the employee's annual
performance evaluation.
§3.4 Hours of Work
It is the RCTC’s objective to perform its responsibilities and meet its obligations to the public and
local agencies, while allowing its employees reasonable flexibility in their work schedules. The
offices of the RCTC shall be kept open exclusive of Saturdays, Sundays, and holidays. from 8:00
a.m. until 5:00 p.m.
A. Work Schedules – The normal work schedule is defined as eighty (80) hours of
work performed on ten (10) work days on a normal 10/80 work schedule, on a nine
(9) work days on an alternative 9/80 flexible work schedule, or on an eight (8) work
days on an alternative 10/4 work schedule. Department heads shall set and adjust
the work schedules for their employees, keeping in mind that there must be
coverage during the office operation hours. An employee’s schedule may be
adjusted to meet RCTC’s needs.
Alternative Work Schedule – RCTC may, and has, implemented alternative work
schedules that differ from the standard workweek (typically a five (5) day, forty (40)
hour per week schedule). The Executive Director has the authority to determine
which positions may be on an alternative work schedule and to continue alternative
work schedules.
B. Meal Periods – Department heads are responsible for scheduling and requiring
employees to take meal periods. Meals periods may be temporarily postponed to
meet unexpected office operational requirements at the discretion of a First-Line
Supervisor in cooperation with a department head.
The meal period for full-time employees working on a flexible 9/80 work schedule
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shall be at least thirty (30) minutes and for those working a 10/4 work schedule
may be sixty (60) minutes.
C. Discretionary Breaks – Department heads may grant employees who work at least
an eight (8) hour day a maximum of one paid fifteen (15) minute rest break before
and one paid fifteen (15) minute rest break after the meal period.
§Section 3.4.1 Impermissible Use of Meal Period and/or Breaks
The meal period and the discretionary break(s) must be used separately. Discretionary
breaks may not be used to extend the lunch period.
Neither the meal period nor the break(s) may be used to compensate for an employee’s
late arrival or early departure, or to cover time off for other purposes.
Discretionary breaks shall not be accumulated and, when not taken, shall not be the basis
for any additional pay or time off.
§3.5 Unauthorized Absences
Any employee who is absent without authorization for three (3) consecutive working days shall be
considered to have resigned from their position with RCTC by reason of abandonment. For
purposes of this section, an unauthorized absence during part of a day constitutes an unauthorized
absence for the entire day.
Nothing in this section shall limit the Executive Director’s authority to discipline an employee due
to an unauthorized absence of less than three (3) consecutive days.
§3.5.1 Abandonment/Automatic Resignation
Absence without authorization, including “no call/no show”, of any RCTC employee,
whether voluntary or involuntary, for three (3) consecutive working days is an automatic
resignation from RCTC service, providing the employee upon written notification does not
respond to the RCTC and/or does not provide a satisfactory explanation for the absence
and their failure to obtain an approved leave. The notification to the employee must be in
writing prior to the RCTC finalizing the resignation and must contain an opportunity within
three (3) working days of service for the employee to respond. A second notice, after the
time to respond has passed or after the employee has given an unsatisfactory explanation,
must be sent to the employee stating the effective date of the abandonment/automatic
resignation. Notices will be served by first-class mail to the last known address of record of
the employee.
An employee may within ten (10) calendar days of the second notice from RCTC, request in
writing reinstatement from the Executive Director. If denied by the Executive Director, the
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employee may file a further appeal to the Executive Committee within ten (10) working
days from service of the denial of restatement. Reinstatement may be granted only if the
employee makes a satisfactory explanation for the absence and/or the failure to obtain an
approved leave of absence, and the Executive Committee finds the employee is ready,
able, and willing to resume the discharge of the duties of the position.
§3.6 Overtime
It is the policy of RCTC to avoid overtime work whenever possible. Overtime work shall be used
only to supply essential public services or perform necessary duties during emergencies or where
performance of overtime work by existing employees is more economical than adding new
employees by creation of new positions.
Hours worked over forty (40) hours in a workweek, by a non-exempt employee, will be designated
as overtime.
A non-exempt employee of RCTC shall not work overtime without obtaining authorization for the
overtime, prior to commencement of overtime, from the employee's First-Line Supervisor or
department head. Employees of RCTC required to work overtime are compensated in accordance
with the Fair Labor Standards Act (FLSA) at the rate of time and one-half for each hour of overtime
worked. No other form of absence from work, such as sick leave, vacation leave, jury duty leave,
etc. shall be considered hours of work for purposes of calculating overtime.
Employees of RCTC designated as exempt employees shall not be eligible for overtime pay. No
RCTC employee shall be eligible for FLSA compensatory time, in lieu of overtime pay.
§3.7 Non-Exempt Employees
The official workweek for RCTC non-exempt employees shall be seven (7) consecutive days
beginning on Friday, four hours after the workday begins. For non-exempt employees on a flexible
work schedule, the scheduled Friday flex day must be consistently designated in order to avoid
incurring any overtime obligation.
§3.8 Exempt Employees
The official workweek for exempt employees shall be the same as for non-exempt employees.
Exempt employees shall account for all hours worked as well as for official hours away from work
such as vacation, sick, holiday leave, and other absences. Hours worked in excess of eighty (80)
hours per pay period shall be considered by the Executive Director when determining
administrative leave grants pursuant to Section 5.6 at the end of the fiscal year.
Employees designated as either Professional/Administrative, or Executive/Supervisory, are not
eligible for overtime pay or compensatory time. Employees occupying the following positions are
considered to be exempt employees:
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• Accountant
• Accounting Supervisor
• Capital Projects Manager
• Chief Financial Officer
• Community Relations Public Affairs Manager
• Commuter & Motorist Assistance Manager
• Deputy Executive Director
• Executive Director
• Facilities Administrator
• Finance Manager/ControllerDeputy Director of Finance
• Goods Movement Manager
• Government Relations Manager
• Human Resources Administrator
• Multimodal Services Director
• Office and Board Services ManagerClerk of the Board
• Planning & Programming Director
• Planning & Programming Manager
• Procurement Analyst
• Procurement Manager
• Project Delivery Director
• Project Development Director
• Rail Manager
• Right of Way Manager
• Senior Staff Management Analyst
• Staff Management Analyst
• Toll Operations Manager
• Toll Program Director
• Toll Project Manager
• Toll Technology Manager
• Transit Manager
RCTC established a pay system pursuant to principles of public accountability, under which exempt
employees accrue vacation and sick leave.
An exempt employee’s pay may be reduced or exempt employee may be placed on leave without
pay for absences for personal reasons including illness or injury of less than one (1) work day when
such employee’s accrued leave is not used because: (1) permission for its use has not been sought
or has been sought and denied; (2) accrued leave has been exhausted; or (3) the employee
chooses to use leave without pay.
Deductions from the pay of an exempt employee for absences due to a budget-required furlough
shall not disqualify the employee from being paid on a salary basis except in the workweek in
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which the furlough occurs and for which the employee’s pay is accordingly reduced.
§3.9 Compensation
New employees of RCTC shall normally be hired at the minimum level of the salary range assigned
to the classification. In the event a potential employee possesses extraordinary skill, training or
ability, or where exceptional recruitment difficulties are encountered, employment offers may be
made at a higher rate whenever such would be in RCTC’s best interest. Offers of employment at
the minimum to middle step of the salary range may be made by the Manager responsible for
Human Resources in cooperation with the Executive Director and hiring First-Line Supervisor.
Individuals hired shall be eligible for a merit salary increase upon completion of their probationary
periods, and at twelve (12) month intervals thereafter. A completed performance evaluation with
a satisfactory or higher rating shall be required for all salary increase recommendations. If the
probationary period for a probationary employee is extended, the employee shall be eligible for a
merit salary increase upon successful completion of the extended probationary period.
Salary equity adjustments outside the normal merit salary increase may be made by the Executive
Director to address issues such as internal salary compression, retention considerations, and
classification parity. In these instances, equity adjustments may be approved to remedy a salary
inequity. Equity adjustments are not granted to reward performance and must stay within the
established pay range determined by the most recent compensation study. Justification must
accompany requests for equity adjustments, including specific outside salary offers in cases of
retention, or a specific analysis of salary relationships in cases of correcting salary inequities.
§3.10 Salary Review
On a biennial basis, or at interval period approved by the Executive Committee, tThe Manager
responsible for Human Resources, under the direction of the Executive Director, shall review the
salary range assigned to each position within RCTC and provides a written report of the review to
the Executive Director. The Executive Director may make salary recommendations to the Executive
Committee.
§3.11 Performance Evaluations
It is the policy of RCTC to evaluate employee performance on a regularly scheduled basis. The
performance evaluation shall normally be conducted by the employee's
First-Line Supervisor and shall be discussed with the employee. The employee's
First-Line Supervisor shall carefully consider each item of the performance evaluation in relation to
the duties outlined in the employee's position description.
A performance evaluation shall be completed at the end of the initial probationary period and
annually thereafter. It is the supervisor's responsibility to assure that the performance evaluation
is completed and returned to the Manager responsible for Human Resources for review prior to
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the completion of the employee’s probationary period.
Employees may be eligible for merit pay increases based on funding approved by the RCTC. The
Executive Director, prior to the beginning of the fiscal year, will inform Management staff on the
maximum level of increase that could be granted to employees. The amount of an employee’s
merit pay increase, if any, will be determined by the employee’s First-Line Supervisor in
accordance the employee’s performance and based on the guidelines established by the RCTC.
§3.12 Service Awards
In order to recognize the contributions of long-time RCTC employees, RCTC shall provide service
awards to regular employees who have completed five (5) years of consecutive service and on
succeeding five (5) year anniversaries thereafter.
Service awards will be presented at regular RCTC meetings. Employees must have completed the
appropriate years of service prior to the date of the awards ceremony to be eligible for the award.
Presentation of service awards shall be made by the Chair of RCTC or a representative designated
by the Chair.
§3.13 Safety
It is the policy of RCTC to maintain an active safety program designed to eliminate occupationally
related illness and injury among RCTC employees. Every employee of the RCTC shall be required to
observe all RCTC and departmental health and safety procedures. RCTC’s safety policies and
practices are more fully set out in the Injury and Illness Prevention Plan, which is available in each
department, in Human Resources, and on the RCTC intranet.
§3.14 Keys and Security Codes
Keys to RCTC facilities will be issued by the Facilities Administrator and related security access
cards will be issued to employees as designated by the Office and Board Services ManagerHuman
Resources. Keys are the property of RCTC and shall be surrendered to RCTC upon termination of
employment. Employees shall be required to immediately report lost or stolen keys to the
Facilities Administrator and related security cards to the Office and Board Services ManagerHuman
Resources.
§3.15 Political Activity
Political activities undertaken by employees of RCTC, while on duty and/or on the premises of
RCTC, are prohibited. In accordance with the California Government Code, the following is
prohibited.
A. An employee of RCTC shall not, directly or indirectly, solicit political funds or
contributions, knowingly, from other officers or employees of RCTC. (Government
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Code Section 3205, see Section 17);
No employee of RCTC shall engage in political activity during working hours.
(Government Code Section 3207);
B. No signs, posters, or other political advertising materials shall be posted upon RCTC
property at any time.
§3.15.1 Election Contributions
The rules set forth herein are in consideration with the Public Utility Code 130051.20.
a. No employee of the RCTC, or member of their immediate families, shall
accept, solicit, or direct a reportable campaign contribution, as defined in
California Government Code 84300, from any construction company,
engineering firm, consultant, legal firm, or any company, vendor, or
business entity seeking a contract with the RCTC.
b. No employee of the RCTC shall make or participate in, or use his or her
official position to influence, a contract decision if the employee has
knowingly accepted a reportable campaign contribution as defined in
California Government Code 84300 in the past one (1) year from a
participant, or its agent, involved in the contract decision.
c. No employee of the RCTC, or member of their immediate families shall
accept, solicit, or direct a reportable campaign contribution as defined in
California Government Code 84300 from a construction comparny,
engineering firm, consultant, legal firm, or any company, vendor, or
business entity that has contracted with the RCTC in the preceeding one (1)
year.
§3.16 Conflict of Interest and Outside Activities/Employment
It is a basic principle of RCTC that all of its business affairs shall be, in all respects, conducted legally
and ethically and with strict adherence to the highest standards of integrity and propriety. Thus,
although RCTC recognizes the employee's right to engage in private and/or commercial activities or
employment outside normal working hours, RCTC expects each employee to avoid those outside
activities or employment that are a conflict of interest or that may potentially become a conflict of
interest. Employees must have prior approval from their First-Line Supervisor and Human
Resources before securing additional employment.
Therefore, all employees interested in pursuing private and/or commercial activities outside
normal working hours that have the potential for a conflict of interest shall be required to present
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a written explanation of such activities to the employee’s First-Line Supervisor for approval. If the
First-Line Supervisor recommends approval of the outside employment, he or she shall forward
the documentation to Human Resources for consideration.
Human Resources will review the written explanation in accordance with federal and California
law, including but not limited to the California Code of Regulations of the Fair Political Practices
Commission (FPPC), Title 2, Division 6, Chapter 7, Article 1. If the Human Resources Manager
determines that the activity does not violate federal and California Conflict of Interest laws, the
Manager responsible for Human Resources will approve the outside activity or employment.
It is not possible to formulate in advance an all-inclusive set of guidelines regarding potential
conflicts of interest. The illustrations set forth below provide guidelines for certain types of
situations. Specific questions regarding situations which are not clearly covered by this policy
statement will be answered on a case-by- case basis when they arise. Examples of conflict of
interest include:
A. Employees are prohibited from supervising a consultant contract in which an
employee’s relative manages the same contract for the consultant if such conduct
would be prohibited by FPPC regulations or other applicable law;
B. Employees are prohibited from soliciting RCTC consultants to hire employee’s
family members;
C. Employees are prohibited from seeking personal services or advice from RCTC
consultants not related to RCTC business at the RCTC expense.
It is improper for an employee to use or divert any RCTC property or resources, including the
service of other employees for his/her own advantage or benefit. RCTC employees may not
engage in political activities while on duty. RCTC employees may pursue such interests when off
duty, provided that they do not create a conflict of interest. Any RCTC employee running for or
holding any other office or position may not use any RCTC resources (including but not limited to
vehicles, equipment, materials, labor, or services) in connection with running for or holding the
other office or position. RCTC employees shall not use RCTC letterhead paper when writing letters
on personal or other matters that are not directly related to the RCTC’s business, because that
practice uses the RCTC’s name and could expose RCTC to liability for activities beyond the scope of
employment.
RCTC Employees shall not solicit political contributions from other RCTC employees while on duty
and at no time shall attempt to coerce such contributions. RCTC employees shall not solicit
political or charitable contributions from RCTC contractors at any time. However, a RCTC
employee may communicate through the mail, or by other means, requests for political funds or
charitable contributions from a significant segment of the public which may include RCTC officers,
employees or contractors, so long as it is clear that RCTC officers, employees and contractors are
not targeted for the solicitation. RCTC employees shall not use employee lists, RCTC mailing lists,
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vendor lists and lobbyist lists to solicit political or charitable contributions.
An RCTC employee who holds elective office shall ensure that they are in compliance with all FPPC
requirements and do not possess authoritative control over any contractual or financial obligations
related to RCTC projects within the geographic jurisdiction of his or her elective office. At the time
of his or her election to any office subject to this section, the RCTC employee shall disclose this
information to his or her supervisor and Human Resources.
§3.17 Nepotism and Other Prohibited Employment
In order to assure efficiency in implementing policies of RCTC, it is necessary to restrict the
employment of relatives of elected and appointed officers of RCTC. Therefore, the following
restrictions will apply:
A. Relatives of the RCTC Executive Director, RCTC Legal Counsel, and all elected
officials who are Board members of RCTC shall not be eligible for RCTC employment
in any capacity;
B. Members of the RCTC Board are ineligible for employment with RCTC while serving
on the RCTC Board and for one (1) year after their service on the RCTC Board ends.
This section shall not apply to a non-voting board member appointed by the
Governor after their service on the RCTC Board ends;
C. Relatives of RCTC employees shall not be employed in the same department of
RCTC where such employment would be detrimental to the supervision, safety,
security, or morale of the department or RCTC, as determined by the Executive
Director, nor shall any employee be placed in a position that exercises supervisory
authority over a relative;
D. If two (2) RCTC employees become married or cohabitate and their employment
conflicts with the provisions of this policy, they may continue employment provided
that such employment does not directly or indirectly place an undue hardship on
other employees within the particular work unit of the married couple and such
employment is not detrimental to the supervision, safety, security, or morale of the
particular work unit as determined by the Executive Director.
In no event shall an employee participate directly or indirectly in the recruitment or selection
process for a position in which an employee's relative may have filed an employment application.
§3.17.1 Non-Fraternization
RCTC desires to avoid misunderstandings, complaints of favoritism, possible claims of
sexual harassment, and the employee morale and dissension problems that can result from
certain relationships between employees. Accordingly, employees are prohibited from
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fraternizing or becoming romantically involved with other employees when, in the opinion
of RCTC, their personal relationships may create a potential conflict of interest, cause
disruption, create a negative or unprofessional work environment, or present concerns
regarding supervision, safety, security, or morale.
All employees should also remember that RCTC maintains a strict policy against unlawful
harassment of any kind, including sexual harassment.
§3.18 Demotion
RCTC may demote an employee whose ability to perform the required duties falls below standard
or for disciplinary purposes.
§3.19 Suspension Without Pay
The Executive Director may suspend without pay an employee from a position at any time for a
disciplinary purpose. Suspension without pay shall not exceed thirty (30) days, nor shall any
employee be suspended without pay for more than thirty (30) days in any fiscal year.
§3.20 Rejection of Probationary Employment
Probationary employees may be rejected without cause and without right of appeal at any time
during a probationary period. Rejections shall be initiated by the appropriate Director and
approved by the Executive Director prior to notifying the employee of termination action. The
Manager responsible for Human Resources must be notified of any employee termination action.
Rejected probationary employees shall no longer receive employee benefits except benefits
accrued under CalPERS and benefits to which the employee is statutorily entitled. Rejected
probationary employees shall not be eligible for prior notice of termination and shall receive
payments due on the date of termination.
§3.21 Discharge
RCTC may discharge regular employees for cause, including, but not limited to, inadequate job
performance. All employees of RCTC shall be discharged in accordance with applicable provisions
of this Manual. Employees discharged in accordance with this Manual shall no longer receive
employee benefits except benefits accrued under CalPERS and benefits to which the employee is
statutorily entitled. Discharged employees shall receive final compensation payments on the next
regular payday.
§3.22 Resignation
Employees who wish to voluntarily terminate employment with RCTC shall provide a minimum of
two (2) weeks written notice to their First-Line Supervisor. The written resignation shall be
considered accepted by RCTC immediately upon submission by the employee and shall be
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forwarded to the Human Resources Department for processing. Requests to revoke a resignation
shall be determined in the sole discretion of the Executive Director. Any employee failing to
provide RCTC with a minimum of two (2) weeks written notice of resignation shall be ineligible for
consideration for future employment with RCTC. Final compensation will be paid on the next
regular payday.
§3.23 Death of Employee
In the event of a death of a RCTC employee, payment of all earned wages due shall be in
accordance with California law. The payment of benefits from insurance policies and other
employee programs will be paid in accordance to the terms of the specified benefit policies and in
accordance with state law.
§3.24 Dress Code
RCTC encourages a relaxed atmosphere for its employees. RCTC defines business casual as
dressing professionally, neat, and pulled together. Employee attire needs to be suitable for the
workplace. Employee attire should be clean, unwrinkled, and look professional. Unacceptable
attire is rumpled or ripped clothing, underwear as outerwear, tank tops, shorts, flip flops, or
inappropriately revealing attire. Keep in mind the “business” part of business casual.
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SECTION 4 –– EMPLOYEE BENEFITS
§4.1 Benefit Plan
All regular and probationary employees shall be eligible to participate in the benefit plans and
programs offered by RCTC and listed herein.
§4.2 Medical
RCTC will provide medical coverage through the CalPERS for regular and probationary employees
that are eligible to enroll. RCTC shall pay the cost of medical insurance in the CalPERS at the rate
approved by the Executive Committee and as set forth in a resolution adopted in accordance with
Government Code Section 22892(a). The CalPERS approved health plans include: Blue Shield,
Kaiser Permanente, PERS Select, PERS Choice, and PERS Care.
§ 4.2.1 COBRA
Employees and their qualified beneficiaries, who lose their group health coverage and
meet CalPERS' qualifying event requirements, may be eligible for Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA) continuation coverage. COBRA coverage,
eligibility, enrollment, costs, and duration are determined by CalPERS.
If an employee terminates employment with RCTC, the employee is entitled to continue
participating in the RCTC group health plan for a prescribed period of time, usually
eighteen (18) months, provided that the employee satisfies all requirements under COBRA,
including payment of the full premium. COBRA coverage is not extended to employees
terminated for gross misconduct.
If a former employee chooses to continue group benefits under COBRA, the employee
must pay the total applicable premium. Coverage will cease if the former employee fails to
make premium payments as scheduled, becomes covered by another group plan that does
not exclude pre-existing conditions or becomes eligible for Medicare.
For detailed information or questions on COBRA, employees are requested to check with
the Human Resources Department.
§4.2.2 Post-Retirement Medical
To be eligible for retirement health benefits, an employee’s retirement from RCTC must be
effective within 120 days of the employee’s separation from employment with RCTC and
the employee must be receiving a retirement allowance from CalPERS resulting from the
employee’s service with RCTC. Retired employees who satisfy the preceding requirements
(“Eligible Retirees”) are eligible to continue health coverage offered by CalPERS. The level
of benefits varies depending upon an Eligible Retiree’s date of employment with RCTC.
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RCTC provides retirement health benefits as follows:
Hired On or After January 1, 2007
Employees hired after January 1, 2007, will only be eligible to receive health benefits paid
by RCTC upon their retirement if at the time of retirement, the employee has completed at
least ten (10) years of service with a CalPERS employer provided that at least five (5) of
those years of service must have been performed entirely with RCTC.
The benefit for these retirees will be determined, in part, by the retiree’s years of service
with a CalPERS employer and, in part, by a contribution level based on a weighted average
of the premiums of the four largest medical benefit plans offered by CalPERS (“Average
Cost”). Average Cost will be determined by CalPERS on an annual basis. Specifically, RCTC’s
contribution on behalf of these retirees shall be comprised of the following two
components: (1) an amount equal to at least 100percent of the Average Cost of employee
only benefits multiplied by the “applicable percentage”; and for each retiree with enrolled
family members, (2) an amount equal to 90percent of the Average Cost for the enrollment
of such family members multiplied by the “applicable percentage.” The “applicable
percentage” shall be determined on the basis of the employee’s years of service as follows:
Credited
Years of Service
Applicable
Percentage
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
Hired Prior to January 1, 2007
The employer contribution payable for post-retirement health benefits for each employee
hired prior to January 1, 2007, shall be at the rate paid for active employees.
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§4.3 Short- and Long-Term Disability Insurance
RCTC shall provide short and long-term disability insurance for regular employees. The premiums
of regular and probationary employees are paid by RCTC. Regular and probationary employees will
be enrolled in the program at the time of hire and must remain in the program while employed by
RCTC.
Short-term disability insurance provides for no elimination period for disability due to accidental
bodily injury and seven (7) day elimination period for disability due to illness or pregnancy. The
maximum benefit equals 66 2/3 percent of the weekly pre-disability salary or $1,777, whichever is
less. Employees may use sick leave and vacation pay to supplement the disability benefit up to
100percent of salary. The maximum benefit period is 180 days. A disability due to a job-related
injury would require Workers’ Compensation insurance to be the primary insurance.
Long-term disability insurance provides for a 180-day elimination period or the employee must
exhaust available sick leave, whichever is longer. The maximum benefit equals
66 2/3 percent of the monthly pre-disability salary up to a maximum of $10,000. Benefit amounts
exceeding $7,000 per month must receive medical underwriting and approval.
§4.4 Life Insurance
RCTC shall provide a one hundred thousand dollar ($100,000) term-life insurance policy for each
regular and probationary employee. Life insurance is also provided to regular and probationary
part-time employees and will be on a pro-rata basis based on the hours worked. The first $50,000
of coverage will not be taxable to the employee. However, the cost of providing the remaining
$50,000 in coverage will be reported as taxable compensation of the employee. Employees may
be permitted to purchase, through payroll deduction, supplemental term-life insurance.
RCTC shall provide these benefits subject to carrier requirements. Selection of the insurance
provider(s) and the method of computing premiums shall be within the sole discretion of RCTC.
§4.5 Dental/Vision Program
RCTC shall provide dental and vision insurance for regular and probationary, full-time and part-
time employees and their Dependents. Employees and their Dependents shall be entitled to
benefits as provided by the insurance carrier.
§4.6 Retirement Program
All regular and probationary employees shall become members of the CalPERS on the effective
date of employment. RCTC shall pay for the employer paid member contribution (EPMC) and
employer’s contribution to CalPERS for those employees who were hired
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before of November 28, 2003. Employees hired on or after November 28, 2003 will be required to
pay 1 percent of their salary as their partial payment toward the EPMC contribution.
Through contract with CalPERS, regular employees who meet the PERS requirement as a Classic
Member shall receive a 2.7% percent a@t 55 retirement benefit under provisions of section
21354.5 of the Public Employees’ Retirement Law (PERL). For regular employees who meet the
PERS requirement as a New Member (PEPRA) shall receive a 2% @ 62 benefit under provisions of
section 7522.20 of the PERL.
A summary of Rretirement benefits contracted for through CalPERS for Classic Members are as
follows:
• 1959 Survivor Allowance – Third Level: The provisions of section 21573 of the PERL shall
apply to RCTC regular and part-time employees.
• Post-Retirement Survivor Allowance: The provisions of section 21624, 21626, and 21628 of
the PERL shall apply to RCTC regular and part-time employees.
• Final Compensation – One Year: The provisions of section 20042 of the PERL shall apply to
all RCTC regular and part-time employees.
• Unused Sick Leave: The provisions of section 20965 of the PERL shall apply to all RCTC
regular and part-time employees.
• Industrial Disability Retirement: The provisions of section 21151 of the PERL shall apply to
all RCTC regular and part-time employees.
• Up to a 3% Percent Cost of Living Adjustment: The provisions of section 21335 of the PERL
shall apply to all RCTC regular and part-time employees.
• Two-Year Additional Service Credit: The provisions of section 20903 of the PERS shall apply
to all RCTC regular and part-time employees at the sole discretion of the RCTC Executive
Committee.
A summary of retirement benefits contracted for through CalPERS for New Members (PEPRA) are
as follows:
Final Compensation – Three Years: The provisions of section 20037 of the PERL shall
apply to all RCTC regular and part-time employees.
Unused Sick Leave: The provisions of section 20965 of the PERL shall apply to all RCTC
regular and part-time employees.
Up to a 3% Cost of Living Adjustment: The provisions of section 21335 of the PERL shall
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apply to all RCTC regular and part-time employees.
1959 Survivor Allowance – Third Level: The provisions of section 21573 of the PERL shall
apply to RCTC regular and part-time employees.
Post-Retirement Survivor Allowance: The provisions of section 21624, 21626, and 21628 of
the PERL shall apply to RCTC regular and part-time employees.
Two-Year Additional Service Credit: The provisions of section 20903 of the PERS shall apply
to all RCTC regular and part-time employees at the sole discretion of the RCTC Executive
Committee.
§4.7 401(a) Qualified Plan
All regular and probationary employees shall be enrolled in the 401(a) Qualified Plan. RCTC will
contribute the equivalent of 7.5 percent of the employee’s salary to the qualified plan. Employees
shall be enrolled in the program at the time of hire and are vested at a rate of 20 percent per year
with full vesting at five (5) years of RCTC service.
§4.8 457 Deferred Compensation
Regular and probationary employees of RCTC shall be eligible to enroll in the 457 deferred
compensation plans offered by RCTC on the first day of employment. There is no employer
contribution to the 457 deferred compensation plan. Employees are permitted to specify amounts
to be deducted from the employee's paycheck for deposit to RCTC’s deferred compensation
carrier. Maximum contribution is in accordance to the amount set by the federal law.
§4.9 Workers’ Compensation
RCTC shall provide workers’ compensation benefits to all employees who suffer a work-related
injury or illness. For an injury suffered by an employee while performing their duties, the employee
will be placed immediately on workers’ compensation. The employee must complete an
Employee’s Claim for Workers’ Compensation Benefits (DWC Form 1) and submit it to the Human
Resources Department. After receipt of the DWC Form 1, the Human Resources Department will
complete the Employer’s Report of Occupational Injury or Illness (SCIF 3067). Both forms shall be
submitted to RCTC’s Workers’ Compensation carrier. It is the desire of RCTC to provide full
benefits to the employee whenever possible, however, in no event shall the employee receive
more salary and benefits than he or she would normally receive had the injury not occurred.
§4.10 Unemployment Insurance
Unemployment insurance shall be provided in accordance with the current state and federal laws.
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§4.11 Continuation of Benefits Coverage
RCTC shall continue employer contributions to the employee benefit plan and to group life
insurance programs of those regular employees placed on leave of absence with pay (excluding
long-term disability) for the duration of the leave of absence with pay. Employee contributions to
such programs shall be deducted from salary payments made to the employee during the paid
leave of absence.
Regular employees of RCTC placed on leave of absence without pay may continue to participate in
RCTC’s benefit programs for the duration of the leave of absence. RCTC employer contributions to
the benefit programs shall cease five (5) days after the effective date of the leave of absence
without pay. Regular employees placed on leave of absence without pay, who want to continue
participation in the benefit programs, shall advise the Human Resources Department in writing of
their intention to do so and shall submit a check for the cost of the applicable coverage to the
Human Resources Department no later than the 10th day of the month preceding the month for
which coverage is effective. The Executive Committee, however, may, in its sole discretion, agree
to continue paying RCTC’s contributions and begin paying the employee’s contributions to the
benefit programs, in whole or in part, during an unpaid leave of absence.
Once an employee begins to receive RCTC’s Short and/or Long-Term Disability benefits, employer
contributions to the benefit program will cease after twelve (12) weeks during the Short-Term
Disability leave. After such time, the employee shall be required to cover both the employer’s and
employee’s contributions if the employee chooses to continue any benefits.
§4.12 Education Reimbursement
Regular full-time employees of RCTC, who have completed at least 2,080 hours of consecutive
service, shall be eligible for education reimbursement pursuant to this section. The RCTC will make
available a maximum of $25,000 per fiscal year for education reimbursement.
An employee may be reimbursed up to $2,500 to cover education expenses incurred in any fiscal
year. If total employee education reimbursement requests exceed available funding in a given
fiscal year, reimbursement will be made on a first-come, first-served basis.
Requirements for education reimbursement are as follows:
A. Course is satisfactorily completed with a grade of “C” or higher;
B. Appropriate proof of successful completion is submitted to their First-Line
Supervisor and the Human Resources Department;
C. Course of instruction will enable the employee to perform their present duties
more effectively, or will prepare them for future opportunities into which he or she
could reasonably expect promotion or transfer at RCTC;
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D. The hours of instruction for the course do not conflict with the employee's regularly
scheduled work day;
E. The course of instruction must be presented by a technical school, vocational
school, college, university, business, or high school that has been accredited by a
recognized governmental or professional accrediting body and/or has been
approved by the Executive Director.
Employees shall be eligible for reimbursement of the following education expenses: tuition,
textbooks, registration fees, and laboratory fees related to an approved course of instruction.
Employees shall be limited to a maximum reimbursement of $2,500 per employee per fiscal year.
Employees shall not be eligible for reimbursement of late registration penalties or fees,
transportation costs, parking, interest, or any other charge not specified as reimbursable in this
section.
Employees shall submit an Education Reimbursement Request to their First-Line Supervisor for
approval prior to registration for the course. The First-Line Supervisor will review the request for
compliance with RCTC policies and either approve or disapprove the request. If the request is
denied, the First-Line supervisor will state the reason for denial. The supervisor shall forward the
completed form to Human Resources for review to assure compliance with RCTC policy. One copy
of the completed form, indicating the Executive Director’s approval or disapproval, shall be
forwarded to the employee.
Employees who successfully complete an approved course shall submit a request for
reimbursement to Human Resources. The request must include receipts for all items for which the
employee wishes to be reimbursed and a copy of the final grade report with a grade of “C” or
higher.
RCTC expects employees who use the Education Reimbursement Program to continue as RCTC
employees for at least two (2) years after completion of the program. Thus, as part of their
Education Reimbursement Request, the employee shall agree that upon voluntary termination of
employment within twenty-four (24) months following receipt of an education reimbursement
payment, the employee is required to remit to RCTC the amount of the education reimbursement
minus one twenty-fourth (1/24) of the education reimbursement for each month of service
following the receipt of the reimbursement.
Required education and/or training outside an employees’ regular work hours shall be considered
as hours worked. RCTC is responsible for all costs associated with required education and training.
§4.13 Employee Assistance Services
The RCTC shall provide an employee assistance program for its employees. The program will be
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provided through contract with the county of Riverside and/or another program provider. Refer to
specific plan provisions for coverage benefits.Questions about the employee assistance services
should be directed to Human Resources.
Employees shall use sick leave, or vacation time if the employee has no available sick leave time,
for assessment consultations that are voluntary. For consultations that are obligatory and
recommended by the employee’s supervisor, no sick leave time or vacation time will be deducted.
The RCTC may change the program at any time.
§4.14 Flexible Reimbursement Plan
This plan allows employees to set aside pre-tax dollars to pay for unreimbursed health care and
dependent care expenses. Employees will be able to pay for allowable expenses not covered by
their medical plans as well as dependent care services with pre-tax dollars. Refer to plan
enrollment package, contact the Human Resources Department, or Internal Revenue Service
Publication 969 for details.
§4.15 Employee Transportation Assistance
RCTC shall provide regular and probationary employees a monthly transportation assistance
program up to the established limit under Internal Revenue Code section 132(f). The program will
reimburse employees for the purchase of public transportation tickets to and from work, and it will
pay the county directly for vanpool participation through the county’s vehicle program, subject to
the limitations noted above.
SECTION 5 –– LEAVE, VACATION AND HOLIDAYS
§5.1 Sick Leave
A. Accrual and Accumulation: Regular and probationary full-time employees of RCTC
shall accrue four (4) hours sick leave for each pay period completed. Regular and
probationary part-time employees shall accrue sick leave on a pro-rata basis based
on the proportional hours worked. Accumulated sick leave shall be available for
use the first day following the payroll period in which it is earned.
Employees on sick leave shall continue to receive their regular pay and benefits.
Except as provided differently in RCTC policies, an employee who has exhausted their accumulated
sick leave and who is unable to work due to illness or injury will be placed in a vacation status for
the duration of the illness or injury, or until the employee has exhausted their accumulated
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vacation, whichever occurs first. If the employee has exhausted both sick leave and vacation leave
accumulations, the employee may be placed on a leave without pay. In conjunction with an illness
or injury, an employee may apply for short- or long-term disability insurance, as applicable.
B. Use: The following are considered appropriate uses of sick leave accrual;
a paid absence from duty by an employee due to:
i. An employee's illness, injury, or disability that incapacitates the employee
from performing their duties;
ii. An employee who is personally undergoing medical, dental, or optical
treatment or examination may use sick leave accrual for the required time
away from work;
iii. An employee who, due to exposure to a contagious disease, is quarantined
by an appropriate authority may use sick leave;
iv. An employee compelled to be absent for reason of illness or injury or
medical appointments and procedures for dependents, spouse, parents, or
registered domestic partner may use sick leave;
v. Bereavement Leave. Sick leave may be used when a death occurs to an
employee’s relative or relations through a registered domestic partnership.
RCTC has the right to require proper documentation in support of the
requested leave.
C. Minimum Charge: The minimum charge against accumulated sick leave shall be
fifteen (15) minutes.
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D. Notice of Illness: On the first day of absence due to illness, an employee must
notify their First-Line or Second-Line Supervisor of the intended absence at or
before the start of the employee's scheduled workday. It is the responsibility of the
employee to keep RCTC informed as to continued absence beyond the first day for
reasons due to illness. Failure to make such notification may result in denial of sick
leave and may result in disciplinary action, up to and including discharge from
employment.
E. Illness During Vacation Leave: Employees who become ill while on vacation leave
may request to have vacation time converted to sick leave. Approval may be
granted only when the employee presents a licensed physician's certificate
verifying an illness or injury. Such conversion shall require approval of the
employee’s supervisor.
F. Other Employees: Temporary employees shall not be eligible to accrue sick leave.
G. Return from Sick Leave: Employees who have been on sick leave for three (3) days
or more may be requested to present a statement signed by a licensed physician
stating that the employee has been off from work due to illness or injury and is able
to resume normal duties. RCTC reserves the right to require a physician’s
statement for absences of less than three (3) days.
H. Misuse of Sick Leave: Evidence substantiating the abuse and misuse of the sick
leave benefit shall result in denial of sick leave and may result in disciplinary action,
up to and including discharge from employment.
§5.1.1 Minimum Paid Sick Leave Policy for Non-Benefited, Temporary Employees
Eligibility: Any employee not otherwise provided paid leave sufficient to cover at least twenty four
(24) hours of absence on an annual basis for the reasons set forth in this policy (e.g., sick leave or
paid time off) shall be eligible for this Minimum Paid Sick Leave per AB1522. An employee who, on
or after July 1, 2015, works thirty (30) or more days within a year from the commencement of
employment is eligible for Minimum Paid Sick Leave. This policy is intended to comply with the
requirements of the Healthy Workplaces, Healthy Families Act of 2014 at Labor Code section
246(e)(2) and should be interpreted consistently.
Annual Grant of 24-hours of Minimum Paid Sick Leave: Employees who are eligible as of July 1,
2015, will be granted a twenty four (24) hours on July 1, 2015 for use during the remainder of that
calendar year. Employees who are hired after July 1, 2015, shall be granted twenty four (24) hours
upon hire for use during the calendar year of their hire. Every year thereafter, on January 1st, each
covered employee shall receive an annual grant of twenty four (24) hours of Minimum Paid Sick
Leave for use during that calendar year. This annual grant does not roll over to the next calendar
year and is not paid out upon termination of employment. The Minimum Paid Sick Leave
entitlement and its use shall be reflected on the covered employee’s regular pay stubs.
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Use of Minimum Paid Sick Leave: Leave may be used for any purpose sick leave is otherwise
typically used pursuant to policy and consistent with those uses set forth in the Healthy
Workplaces, Healthy Families Act of 2014 (AB 1522). These uses include, but are not limited to use
by a covered employee for preventative care or diagnosis, care, or treatment of an existing health
condition for the covered employee or his or her family member; and use by a covered employee
who is a victim of domestic violence, sexual assault, or stalking. A covered employee may not be
required to find a replacement worker in order to utilize Minimum Paid Sick Leave.
Procedural Requirements: Procedural requirements, including those requirements related to
notice, request of use, acceptable uses, prohibited uses, minimum increments, and medical
certification shall be governed by existing policies relating to §5.1 Sick Leave. For those purposes,
Minimum Paid Sick Leave shall be treated the same as §5.1 Sick Leave.
• An absence necessitated by an employee’s own or a family member’s illness or injury,
defined to include diagnosis, care, or treatment of an existing health condition, among
other things.
• An absence necessitated by the employee’s own or a family member’s need for
preventative care, defined to include medical, dental, or vision appointments.
• An absence due to an employee’s exposure to a contagious disease when quarantine is
imposed by health authorities or on the advice of a physician when the presence of the
employee at work could endanger the health of others.
• An absence required by an employee who is the victim of domestic violence, sexual assault,
or stalking, to: (1) attempt to obtain any relief, including, but not limited to, a temporary
restraining order, restraining order, or other injunctive relief, to help ensure the health,
safety, or welfare of the victim or his or her child; (2) seek medical attention for injuries
caused by domestic violence, sexual assault, or stalking; (3) obtain services from a
domestic violence shelter, program, or rape crisis center as a result of domestic violence,
sexual assault, or stalking; (4) obtain psychological counseling related to an experience of
domestic violence, sexual assault, or stalking; or (5) participate in safety planning and take
other actions to increase safety from future domestic violence, sexual assault, or stalking,
including temporary or permanent relocation.
For purposes of this §5.1.1, “family member” is defined consistent with Labor Code section
245.5(c), which generally includes child (including foster, legal ward, and those similarly situated),
parent (including spouse’s parent, guardian, and those similarly situated), spouse, registered
domestic partner, grandparent, grandchild, and sibling. Employer may require such paid leaves to
be used, when available, in conjunction with any medical leave.
Medical Certification: Employer may, at its discretion, require an employee who has a medically
related absence for more than twenty four (24) hours of consecutively scheduled work days to
furnish medical certification of the illness or injury necessitating the absence. If an employee
cannot provide certification, the employee’s supervisor has the option to deny the sick leave
request and convert the time to unexcused absence. Employer may also, at its discretion, require
an employee absent for more than twenty four (24) hours of consecutively scheduled work days to
furnish medical certification that he or she is fit for duty prior to returning to service.
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§5.2 Sick Leave Conversion to Vacation/Cash Out
Conversion of Sick Leave to Vacation Leave
Employees of RCTC with five (5) years of continuous service (10,400 hours of continuous service)
may choose to convert part of their sick leave to vacation leave. Only that portion of accumulated
sick leave hours that exceed 240 hours may be converted. An employee may choose to convert
unused sick leave as follows:
A. Sick leave accrued in excess of 240 hours could be converted to vacation at a rate of
50 percent (i.e., one (1) hour of vacation for two (2) hours of sick leave in excess of
240); and
B. The option to convert unused sick leave to payment under this provision may only
be exercised by the employee once per year and must be accomplished by notifying
the Accounting Department and the Human Resources Department of their
intention by March 31 for use the next fiscal year. The provisions above shall be
utilized for sick leave cash out.
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Sick Leave Cash Out
Employees that terminate their service with RCTC as a result of retirement but have less than five
(5) years of continuous service with RCTC, shall have their accrued but unused sick leave time
converted to additional service credit pursuant to Government Code Section 20965.
Employees that terminate their service with RCTC as a result of retirement and that have at least
five (5) years of continuous service with RCTC, shall have sick leave accrued in excess of 240 hours
converted to a cash payout at a rate of 50 percent. The first
240 hours shall be converted to additional service credit pursuant to Government Code Section
20965.
Employees that terminate their service with RCTC for any reason other than retirement and that
have unused sick leave in excess of 240 hours, shall have said excess converted to a cash payout at
a rate of 50 percent. The employee shall not be compensated for the first 240 hours of unused
sick leave.
§5.3 Holiday Leave
All regular and probationary employees of RCTC who are on the payroll the day before and day
after a designated holiday shall be paid for said holiday. Full-time employees shall receive eight (8)
holiday pay hours for a holiday. Part-time benefited employees shall receive holiday pay on a pro-
rata basis. Temporary employees do not receive holiday benefits. The following holidays are
observed by RCTC (the actual day of observance may be changed at the discretion of RCTC
management):
• New Year’s Day
• Dr. Martin Luther King, Jr. Day
• Presidents’ Day
• Memorial Day
• Independence Day
• Labor Day
• Veterans’ Day
• Thanksgiving Day
• Day After Thanksgiving Day
• Day Before Christmas Day
• Christmas Day
• Day Before New Year’s Day
• Floating Holiday (Executive Director’s discretion)
Holidays that fall on a Saturday shall normally be observed on the preceding Friday. Holidays that
fall on Sunday shall normally be observed on the following Monday. When a fixed holiday falls
within a vacation period, the holiday shall not be charged against the employee's accumulated
vacation benefits.
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Non-exempt employees required to work on a holiday will receive eight (8) hours of pay plus
overtime.
At the Executive Director’s discretion, regular and probationary full-time employees of RCTC shall
receive eight hours of floating holiday on the first pay date of the fiscal year and must be used
within the same fiscal year. Floating holiday leave time may not be carried over to the following
fiscal year. New employees to RCTC shall receive the floating holiday on a pro-rata basis based on
the date of hire.
§5.4 Vacation
Regular and probationary employees of RCTC shall be entitled to accrue annual vacation based on
the length of continuous service with RCTC. Employees in part-time positions shall accrue, on a
pro-rata basis, vacation leave for completed pay periods. Such vacation shall be available for use
on the first day following the pay period in which it is accrued.
Each regular and probationary full-time employee will accrue, based on actual hours worked, on a
pay period basis, the pay period equivalent of the applicable annual number of hours of vacation,
in accordance with the employee’s record of continuous years of service, unless a different rate is
negotiated by the employee at the time of hire.
Continuous years of RCTC service Bi-weekly
accrual
Annual
accrual
Maximum
accrued
balance
Hire date to the completion of the 3rd year 3.08 hours 80 hours 160 hours
Beginning of the 4th year to completion of the
9th year
4.62 hours
120 hours
240 hours
Beginning of the 10th year and forward
6.16 hours
160 hours
320 hours
No full-time employee shall accumulate more vacation than twice the employee’s annual accrual
(for example, a full-time employee who accrues 120 hours per year cannot accumulate more than
240 hours of vacation). Accrual of vacation will cease once the employee’s accumulated vacation
hours equal the employee’s maximum accumulation limit. Accrual of vacation will not
recommence until an employee has used some vacation and the accumulated vacation has once
again fallen below the maximum accumulation limit. Regular, part-time employees will accrue
vacation on a pro-rated basis.
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The Executive Director may approve continued vacation accrual in excess of the maximum accrued
balance in the event that RCTC requires the presence of employees who are in danger of reaching
the maximum accumulation limit. The approval will be contingent upon the employee providing a
plan demonstrating the use of vacation hours after the needs of RCTC have been met.
Temporary employees of RCTC shall not be eligible for vacation benefits.
Vacation may be taken in multiples of one quarter (.25) hour with the approval of the employee’s
immediate supervisor. Supervisors will only approve vacation for such time as will not impair the
work schedule and efficiency of the department. Should employee vacation requests conflict with
staffing requirements, the final determination for vacation approvals will be at the discretion of
the First-Line Supervisor in cooperation with the department head.
§5.5 Vacation Cash Out
Employees who have utilized at least eighty (80) hours vacation during the previous fiscal year shall
be permitted to cash out any accumulated vacation in excess of eighty (80) hours. This limitation
on cashing out vacation is intended to encourage employees to take at least two (2) weeks of
vacation per year.
An employee requesting to cash out vacation who has met the requirements of a vacation cash
out, must submit a written memorandum to the Accounting Department indicating the number of
vacation hours for buyout in the next fiscal year. The memorandum must be submitted by March
31.
Accumulated vacation shall be paid upon termination of employment.
§5.6 Administrative Leave
The Executive Director may grant administrative leave to those exempt employees who performed
authorized work in excess of a regular workday or on regularly scheduled days off. Administrative
leave time shall be granted at the beginning of the fiscal year and must be used within the fiscal
year. Administrative leave time may not be carried over to the following fiscal year.
§5.7 Jury Duty Leave
Every regular and probationary employee who is called or required to serve as a trial juror and
upon notification and appropriate verification submitted to their supervisor, shall be entitled to be
absent with pay from their duties with RCTC during the period of such service or while necessarily
being present in court as a result of such call. Employees are expected to report to work during
those normal working hours that the employee is not required to be present as a juror. Employees
must submit evidence of jury duty to their supervisor. Any jury fees, excluding mileage, paid to the
employee must be turned in to the RCTC Accounting Department. A temporary employee shall be
entitled to retain jury fees, since they will not be paid as an employee for time not actually worked.
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§5.8 Leave of Absence Without Pay
The Executive Director, at their discretion, may grant leave of absence without pay.
In requesting leave of absence without pay, the employee must provide a written request
specifying the period of time and reason for the requested leave to the Executive Director. The
Executive Director may grant a leave of absence without pay up to 480 hours
(12 weeks). The Executive Committee may, in its sole discretion, grant a leave of absence without
pay of any length. Any leave of absence without pay shall be for a specified period and
appropriate conditions may be imposed, such as requiring the employee to provide sufficient
medical documentation or any other evidence documenting the leave, as required by the
Executive Director and/or the Executive Committee. Under normal circumstances, a personal
leave of absence without pay shall not be granted until after an employee has exhausted all
accumulated vacation.
An employee placed on leave of absence without pay shall not accrue, for the duration of the leave
of absence without pay, credited service for salary review, vacation, and sick leave accrual.
Eligibility for salary review and vacation and sick leave accrual shall be extended by the number of
days an employee has been on leave of absence without pay. Employees placed on leave of
absence without pay shall be responsible for all health insurance premiums, life insurance
premiums, short and long-term disability premiums, and other monthly benefit payments in
accordance with the provisions of this Manual.
An employee on leave of absence without pay for illness or disability reasons will be required to
present a return to work order releasing the employee to full duty signed by their attending
physician, prior to being allowed to return to work. A release to return to less than full duty will be
allowed only as an accommodation as required by the Americans with Disabilities Act and the
California Fair Employment and Housing Act. Upon expiration of a leave of absence without pay
that is not covered by the FMLA, the CFRA, or the Pregnancy Disability law, or within a reasonable
period of time after notice to return to duty, the employee may be reinstated in the position held
at the time leave was granted. Failure on the part of an employee on leave of absence without pay
to report promptly at its expiration, or within a reasonable time after notice to return to duty shall
be deemed to have resigned RCTC employment by reason of abandonment. The depositing in the
United States mail of a first class letter, postage paid, addressed to the employee's last known
address, shall be reasonable notice.
§5.9 Military Leave
RCTC shall grant military leave to fulfill a military service obligation in accordance with federal and
state laws. Public employees are entitled to receive up to thirty (30) days paid military leave per
fiscal year. In order to be paid for military leave regular, part-time, and contract employees must
have one (1) year of employment with a public agency. The employee’s military service can be
counted toward the one (1) year of public agency service. An employee granted military leave with
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pay shall receive all benefits related to employment that are granted when the employee is on pay
status.
If the military leave extends beyond thirty (30) days, the employee must submit a request for
additional military leave. A copy of the military orders should be submitted to the
First-Line Supervisor. The First-Line Supervisor shall submit the request and military order to the
Human Resources Department for verification.
Any RCTC employee who has been on a leave of absence for military leave shall have such right to
return, and only such right, as may be required by state and federal law in effect at the time the
employee applies for reinstatement.
§5.10 Accrued Leave Donation Program
RCTC shall allow regular employees to donate accrued, unused sick leave, vacation, and
administrative balances to other regular and probationary employees who have exhausted all
accrued sick leave, vacation, and administrative balances and who meet the specified criteria.
The program shall permit RCTC regular employees to donate sick leave, vacation, and
administrative balances to fellow regular and probationary employees who have a serious medical
hardship, to include temporary disability resulting from pregnancy, miscarriage, or childbirth, or a
catastrophic illness or injury that poses a threat to life and requires
in-patient, hospice, or residential health care. An employee’s need may arise from their own
serious medical hardship or catastrophic illness or from their need to care for a relative who has a
serious medical hardship or catastrophic illness. This program is not intended to cover an
employee that has a common illness or injury.
§5.10.1 Criteria to Receive Accrued Leave Donation
To be eligible, an employee:
a. must have exhausted all forms of paid leave; i.e., sick leave, vacation, and
administrative balances;
b. must suffer from a serious medical hardship or a catastrophic illness or injury that
requires in-patient, hospice, or residential health care; must need to care for a
relative who has a serious medical hardship or catastrophic illness;
c. must complete an application for use of donation leave within five (5) working days
after all paid leave time has been exhausted. In the event the employee is not
capable of doing so, the employee’s First-Line Supervisor may act on their behalf;
and
d. must present a physician’s statement verifying the severity of the serious medical
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illness, injury, or condition.
§5.10.2 Donation of Leave
An employee who has unused sick leave, vacation, and administrative hours may donate up
to forty (40) hours per fiscal year to eligible employees. Donations in excess of forty (40)
hours require written approval from the Executive Director. An employee desiring to
donate sick leave, vacation leave, and administrative balances shall complete a Leave
Donation Form that specifies the number of hours to be donated and the name of the
employee to whom the hours are to be donated. All donations of sick leave, vacation
leave, and administrative balances shall be voluntary, and no employee shall coerce,
intimidate, threaten, or financially induce another employee to donate hours. Any
donated accrued leave that is not used by the recipient employee during the occurrence
for which it was donated shall be returned to the donor employees on a prorated basis
based on the hours of sick leave, vacation leave, and administrative balances donated to
the recipient employee by all donor employees, and any returned donated accrued leave
shall be reinstated to the appropriate balance of each donor employee.
§5.10.3 Receipt of Leave
An employee who meets the criteria may receive up to a maximum twelve (12) weeks (480
hours) donated leave time by submitting the appropriate forms to the Executive Director.
If approved by the Executive Director, employees will be paid at their current pay rate, not
the rate of the donor employee. The employee will not be eligible to continue to accrue
sick leave, vacation leave, and administrative hours. RCTC sponsored benefits, which
include medical, dental, vision, and life insurance, will continue for the employee until the
last working day of the month that the donated leave is available.
If the donated leave is supplementing short-term disability or worker’s compensation
benefits, in no circumstances shall the donated leave result in the employee receiving in
excess of 100 percent of their current salary.
§5.10.4 Denial of Leave
In the event the employee is denied donation leave, the employee may submit a written
appeal to the Executive Director within ten (10) working days of receiving the denial. A
written response to the appeal shall be issued within ten (10) working days from the date of
written request.
SECTION 6 –– PART-TIME AND TEMPORARY EMPLOYEES
§6.1 Regular Part-time Employees
Employees of RCTC designated as regular and probationary part-time employees shall be
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compensated on an hourly basis as specified by the position classification in which they are
assigned. Such regular and probationary part-time employees shall accrue holidays, vacation and
sick leave, and receive other benefits as provided in this Manual on a pro-rata basis.
Part-time employees shall receive performance evaluations in accordance with Section 3.11 of this
Manual. Part-time employees shall receive compensation in accordance with Section 3.9 of this
Manual.
§6.2 Temporary Employees
Employees of RCTC designated as temporary employees shall be compensated on an hourly basis
as specified at the time of hire. Such employees shall not be eligible for participation in any
benefit program established by RCTC, except as required by state and/or federal law. Such
employees shall not be eligible for merit or other pay increases and will not receive performance
evaluations.
Such employment is at-will and may be terminated at any time without cause or prior notice to the
employee and without recourse to the grievance procedure or any other appeal right.
§6.3 Employment of Retired Persons
An employee who is retired under the Public Employees’ Retirement Law (PERL) and who is
receiving retirement benefits shall not be employed or re-employed in any position for
compensation without the prior written approval of the Manager responsible for Human
Resources. Consistent with the requirements of the PERL regarding the employment of CalPERS
retirees without reinstatement, the retiree may be employed or re-employed.
The Manager responsible for Human Resources may allow the employment or
re-employment for up to 960 hours of actual work within any fiscal year, without loss of benefits
as specified in Section 21224 of the PERL. That section permits the temporary employment only
during an emergency to prevent stoppage of public business, or because the retiree has skills
needed in performing specialized work of limited duration. During the employment or re-
employment period, the retiree will be paid at a rate not less than minimum, nor more than that
paid other employees performing comparable duties.
Under Government Code Section 21221(h), the RCTC Board may make an interim appointment to a
vacant authorized position during recruitment for a permanent appointment if deemed to require
specialized skills or during an emergency to prevent stoppage of public business. These
appointments, including any made pursuant to Section 21224, shall not exceed a total for all
employers of 960 hours in any fiscal year unless otherwise permitted under the terms of Section
21221(h), and shall be limited to a single twelve (12) month term.
All retired annuitants shall adhere to the PERL, Title 2, Division 5, Part 3. Public Employees’
Retirement System, Chapter 12, Article 8, Sections 21220 - 21230.
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SECTION 7 –– GRIEVANCE PROCEDURE
§7.1 Policy
RCTC has established a grievance procedure. Grievances are defined in Section 1.8 of this Manual.
The following complaints or disputes are not grievable: the content of a performance evaluation; a
denial of a merit pay increase; employee classification; disciplinary action; rejection from
probation; and termination of a temporary, or contract employee.
Employees of RCTC who pursue grievances according to the provisions of RCTC Grievance Policy
and Procedure shall be free from harassment by fellow employees, supervisors, and RCTC
administration. The mere utilization of the grievance process shall in no way affect an employee’s
present or future employment status.
§7.2 Steps in the Grievance Procedure
The steps of the grievance procedure are as follows:
§7.2.1 Step 1 – An employee must discuss a grievance with their First-Line Supervisor, or
their Second-Line Supervisor in the event that the employee's problem is with their First-
Line Supervisor. This discussion must occur within five (5) working days of the occurrence
of the event giving rise to the grievance. The appropriate supervisor will attempt to
resolve the matter and will, within a reasonable period of time, notify the employee of the
Step 1 decision;
§7.2.2 Step 2 – If the employee is not satisfied with the Step 1 decision, the employee
may, within five (5) working days of receiving the Step 1 decision, submit the grievance in
writing to the appropriate Director for review. The written grievance must set forth the
specific section of this Manual that has been violated, must state the facts upon which the
grievance is based, must indicate who has knowledge of the relevant facts, must state that
Step 1 of the grievance procedure has been completed, and must indicate the specific
relief the employee is requesting. The Executive Director, or designee, shall make such
investigation of the facts and issues as is warranted under the circumstances and shall
make a determination within five (5) working days of the timely receipt of the written Step
2 grievance. The written Step 2 decision shall be provided to the grievant;
§7.2.3 Step 3 – If the employee is not satisfied with the Step 2 decision, the employee
may, within five (5) working days of receiving the Step 2 decision, request that the
grievance be reviewed by the Executive Committee. To request such review, the grievant
should submit a written request for Step 3 review to the Manager responsible for Human
Resources;
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The Executive Committee, or its designee(s), shall make such investigation of the facts and
issues as is warranted under the circumstances and shall make a determination. The
written Step 3 decision shall be provided to the grievant.
The Step 3 review may involve a meeting between the employee, the Executive Director,
and the Executive Committee, or its designee(s). At such meeting, if any, discussion shall
be limited to the issues raised in the initial written grievance and an earnest effort shall be
made to resolve the problem.
If the parties fail to resolve the grievance, Executive Committee, or its designee(s), shall
make a final and binding determination of the grievance.
§7.2.4 Step 4 – If the employee fails to comply with any time limit specified above, the
grievant shall have accepted the RCTC’s decision on the matter. If RCTC fails to comply
with any time limit specified above, the grievant may move the grievance to the next step
in the procedure. The parties by mutual agreement can extend any time limit set forth in
the grievance procedure.
SECTION 8 –– EMPLOYEE CONDUCT AND DISCIPLINE
§8.1 Forms of Discipline
The Executive Director, with good cause for such action, shall have the right to impose major
discipline and demote, discharge, reduce in pay, or suspend without pay an employee. Minor
discipline can be imposed by First-Line Supervisors in cooperation with the appropriate Director
and Manager responsible for Human Resources.
§8.1.1 Good Cause for Discipline – Any of the following examples of performance or
behavior shall constitute good cause for discipline. This listing is representative only and
does not exhaust all possible situations where disciplinary action may be imposed:
a. Dishonesty;
b. Incompetence;
c. Unsatisfactory performance or negligence in job performance;
d. Insubordination, including actions that involve resistance to, defiance of, or refusal
to carry out a supervisor’s lawful order;
e. Absence without leave;
f. Discourteous treatment of the public or other employees;
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g. Falsification of RCTC records and documents including, but not limited to,
employment material.
§8.1.2 Categories of Discipline – Major discipline consist of a suspension without pay of six
(6) or more days, demotion, and reduction in pay of one (1) month or more, or discharge.
Any other form of discipline is considered to be minor discipline.
§8.2 Disciplinary Process
§8.2.1 Notice of Proposed Disciplinary Action
Prior to the imposition of disciplinary action, regular employees shall be presented with a
written Notice of Proposed Disciplinary Action informing the employee of their right to a
pre-disciplinary meeting.
a. The Notice of Proposed Disciplinary Action shall include:
i. A description of the discipline proposed; a statement of the reasons the
action has been proposed, which shall include a brief description of the
facts upon which the proposed action is based and a statement of any rules,
regulations, laws, etc. that were violated. Additionally, if applicable, a list of
any previous disciplinary actions, counseling evaluations or other relevant
actions taken against the employee;
ii. A copy of any documents relied upon in proposing the disciplinary action;
and
iii. A statement advising the employee that they have the right to respond to
the Executive Director, or designee, regarding the proposed disciplinary
action, orally or in writing, before a final decision is made on the proposed
disciplinary action. This part of the Notice of Proposed Disciplinary Action
shall include the name of the person to whom the response, if any, can be
made. Moreover, the Notice shall include a statement notifying the
employee that he or she has five (5) working days from the date of receipt
of the Notice to respond in writing or meet with the Executive Director to
make an oral response;
Upon a showing of good cause, the Executive Director, or designee, may extend the
time for response;
In responding, either orally or in writing, the employee may designate a
representative to assist in the presentation of the response.
b. Response to Notice
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i. In the event that the employee chooses to respond orally, the employee
must, within the period given to respond, make an appointment, and meet
with the Executive Director or designee;
ii. During this meeting the employee, or the employee’s representative, may
present any reasons why the employee feels that the proposed action is not
proper. The Executive Director or designee shall listen to the employee’s
presentation, but shall not present any evidence on behalf of RCTC, nor
shall either party present any witnesses for examination;
iii. A written response must be received in the office of the Executive Director,
or designee, no later than 4:00 p.m. on the due date;
iv. Failure by the employee, or the employee’s representative, to respond to
the Notice of Proposed Disciplinary Action within the period allowed shall
forfeit the right to respond to the Notice of Proposed Disciplinary Action
and the proposed disciplinary action shall take effect as proposed.
c. If a timely oral or written response is received, the Executive Director, or designee,
shall take the employee’s response into consideration and shall make a
determination as to whether or not the proposed disciplinary action, a lesser from
of discipline, or no disciplinary action shall be taken.
d. After completion of the predisciplinary process, the Executive Director, or designee,
may direct that any approved discipline take effect and establish the effective date
of such approved discipline. Such imposition of discipline shall be effected by the
preparation of a Notice of Discipline that informs the employee of the discipline
imposed and any appeal rights applicable to the discipline. The Notice of Discipline
should include the reasons for the discipline imposed and a copy of any documents
relied upon in imposing the discipline.
§8.2.2 No Appeal of Minor Discipline
In the case of minor discipline, no right of appeal is provided.
§8.2.3 Right to Appeal Major Discipline
a. A regular employee shall have the right to appeal a major disciplinary action.
b. Requests for appeal shall be made in writing, signed by the employee and filed with
the Manager responsible for Human Resources within ten (10) working days of
receipt of the Notice of Discipline.
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c. Following receipt of a timely appeal of major discipline, the Executive Committee
will determine whether the appeal will be heard by a hearing officer, an Ad Hoc
Committee of the Executive Committee, or by the Executive Committee.
d. The Human Resources Department shall notify the employee and the Executive
Director or other employee from whose action the appeal is being taken of the
date, time and place of the hearing and shall publicly post at such places as the
Executive Committee shall prescribe, a notice of the date, time, and place of the
hearing.
e. Hearings shall be closed unless an open hearing is requested by the employee filing
the appeal.
f. Hearings shall be recorded by a court reporter. The court reporter shall prepare a
hearing record.
g. The employee shall appear personally at the hearing and may be represented by
counsel of their choice, at no cost to RCTC. In the event that the employee fails to
personally appear at the hearing, the employee shall forfeit their right to appeal.
h. All witnesses to be heard at the hearing shall testify under oath. The hearing shall
not be conducted according to technical rules relating to evidence and witnesses,
except as hereinafter provided. Any relevant evidence shall be admitted if it is the
sort of evidence on which responsible persons are accustomed to relying on in the
conduct of serious affairs, regardless of the existence of any common law or
statutory rule that might make improper the admission of the evidence over
objection in civil actions. Hearsay evidence may be admitted but it may not be the
sole basis upon which a finding is made unless it would be admissible over
objection in a civil matter;
i. Upon conclusion of a hearing not conducted by the Executive Committee, the
hearing officer or the Ad Hoc Committee of the Executive Committee, as applicable,
shall cause findings and recommendations to be prepared in writing and shall
certify the same to the Executive Committee;
j. The Manager responsible for Human Resources shall deliver a certified copy of such
findings and recommendations of the Hearing Officer, or Ad Hoc Committee of the
Executive Committee to the Executive Committee and to any other officer or
employee affected by such findings and recommendations or from whose action
the appeal was taken;
k. After conducting the hearing itself or after considering the findings,
recommendations, and hearing record of the hearing officer or Ad Hoc Committee,
the Executive Committee shall issue its findings and decision. The Executive
Committee may approve, disapprove, or modify (lesser or greater) the discipline
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that was imposed by the Executive Director, or designee. The appeal decision
issued by the Executive Committee shall be final.
SECTION 9 –– LAYOFF POLICY AND PROCEDURE
§9.1 Statement of Intent
RCTC recognizes that in some circumstances work force reduction becomes necessary and is
unavoidable. Some of the circumstances may include the following:
• Lack of work;
• Discontinuance of a function;
• Budgetary constraints;
• Reorganization;
• Specific actions approved by the RCTC Board.
§9.2 Guidelines
A. Layoffs of regular full-time and part-time employees shall be based on skill, ability,
and performance history. Where skill, ability, and performance history are
substantially equal, seniority based on date of hire shall determine the order of
layoff.
B. No regular employee shall be laid off in any job classification if there are
consultants, probationary, or temporary employees in an active status in the same
job classification within RCTC.
C. The Executive Director shall provide a report to the Executive Committee. The
report shall include:
i. The list of affected employees;
ii. Reasons that positions were deleted or reorganized;
iii. The strategy plan that includes the number of employees who chose to
exercise a layoff option rather than seeking retraining; and
iv. Confirmation that all reasonable options that would have allowed for the
employee to be retained were explored.
§9.3 Reporting and Communication Requirements
A. When it is determined that positions will be deleted, departmental management
personnel shall, as soon as possible, meet with the employees who may be
affected. Those employees will be advised of the time frame in which their
positions will be deleted or reorganized.
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B. At the meeting, the employee(s) shall receive an official written notice of layoff.
C. The meeting and official written notice shall be at least twenty (20) working days
prior to the effective date of the layoff. The official notice shall include:
Reason(s) for the layoff;
i. Effective date of the action;
ii. Option for placement on reinstatement list;
iii. Options to demote or retrain;
iv. Requirement to notify the RCTC of an address change.
§9.4 Reinstatement
Reinstatement is defined as recall by RCTC into a regular position, from the reinstatement list.
A. Regular employees affected by the layoff shall be placed on a reinstatement list for
the class of job from which they were laid off or demoted, or transferred.
B. Any vacancy to be filled shall be offered, in order of seniority, for the classification
to be filled.
C. The employee’s name shall be removed from the reinstatement list, for specific
classification, for any of the following reasons:
i. The expiration of six (6) months from the date of placement on the list;
ii. Failure to contact RCTC within seven (7) days of RCTC’s mailing of a first
class letter notifying the former employee of availability of employment. It
is responsibility of the former employee to notify RCTC of an address
change;
iii. Request in writing to be removed from the list.
D. An employee reinstated by the RCTC shall have:
i. Their sick leave credited to their account as of the date of the layoff;
ii. Continue their seniority;
iii. Credit for all service prior to layoff for the purposes of determining accrual
of vacation leave;
iv. Be placed on the salary range at a step nearest, without exceeding, to their
former or current pay rate, whichever is higher.
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E. Outside of the Reinstatement Policy, the RCTC may elect to offer laid off
employees, in order of seniority, a temporary position for not less than thirty (30)
days and not more than 480 hours within a six (6)-month period. If an employee
accepts such a temporary position, it will have no affect on their status on a
reinstatement list.
SECTION 10 –– REPORTS AND RECORD KEEPING
§10.1 Personnel Files
The Human Resources Department shall maintain a personnel record for each employee in the
service of RCTC showing the name, title of position held, the department to which assigned, salary,
changes in employment status, and such other information as may be considered pertinent.
§10.2 Change of Status Report
Every appointment, transfer, promotion, demotion, change of salary rate, change of address or
any other temporary or permanent change in status of employees shall be reported to the Human
Resources Department.
§10.3 Personnel Action Form
A Personnel Action Form shall be completed for each employee hired, appointed, promoted,
demoted, transferred, disciplined, and terminated by RCTC. This form shall include all employee
information including benefit selection information. A copy of this form shall be included in the
employee's personnel file. No Personnel Action Form is effective unless it is approved by the
Executive Director.
§10.4 Time Cards
All RCTC employees shall be required to complete and sign a time card recording all hours worked,
vacation, sick leave, administrative, jury duty leave, etc. Time cards shall be signed by the
employee's First-Line Supervisor and forwarded to the Payroll Department no later than twelve
(12) noon on the next day following the end of the pay period.
§10.5 Records Review and Access
Access to employee records is restricted to the following:
A. Human Resources Department employees with a business need-to-know;
B. The First-Line Supervisor of an individual employee with a business need-to-know;
and
C. The Executive Director with a business need-to-know.
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§10.6 Employee Access
An employee may, in the presence of a Human Resources Department representative, examine
their personnel records periodically. An employee has the right to ask for a correction or a
deletion, or write a statement of disagreement with any item in the file. The employee may not,
however, remove any item from the file.
§10.7 Disclosure of Employee Information
All requests, whether written or oral, for information about a current, retired, or terminated
employee must be referred to the Manager responsible for Human Resources. No one other than
the Manager responsible for Human Resources will respond to any such requests. Information will
be given to duly authorized requests from law enforcement agencies presenting summons,
subpoena, and judicial orders.
§10.8 Protection of Confidentiality
Privacy of employee records refers to the collection, use, access, dissemination, retention, and
confidentiality of data maintained on employees. RCTC has a commitment to the privacy of
personal information kept in its personnel records unless disclosure is required by law.
SECTION 11 –– HARASSMENT-FREE WORKPLACE POLICY
§11.1 General Provisions
§ 11.1.1 Purpose
The purpose of this Harassment-Free Workplace Policy (Policy) is to ensure that all
employees, volunteers, and commissioners are aware of their rights and responsibilities
with regard to the prevention of harassment in the workplace, and that the RCTC
workplace is free from harassment.
§11.1.2 Violation of Policy
Violation of the provisions of this Policy by an employee may subject the employee to
disciplinary action, up to and including discharge from employment. Violation of the
provisions of this Policy by any person who is not a RCTC employee may subject that
person to appropriate administrative action.
§11.1.3 Distribution of Policy
A copy of this Policy shall be distributed to each employee, volunteer, and commissioner.
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§11.2 Harassment-Free Environment
All employees are entitled to a work environment free from harassment. Discriminatory treatment
occurs when an individual uses a protected class as a basis for an adverse employment action or
decision. Behavior constitutes harassment when it is unwelcome and unsolicited, offends or
otherwise causes distress, and is undertaken because of an individual’s protected status.
Harassment creates a negative atmosphere that reduces work productivity and morale,
undermines the integrity of the workplace, and destroys professionalism. Harassment includes any
unwelcome, unsolicited, and/or unwanted behavior towards coworkers, subordinates, supervisors,
or volunteers, which offends, humiliates, embarrasses, or intimidates because of a person’s race,
color, creed, religion, sex, national origin, age (40 or older), disability, marital status, ancestry,
medical condition (e.g., AIDS/HIV, history of cancer), pregnancy, and sexual orientation, gender,
including gender identity and gender expression, and genetic characteristics. Examples include the
use of derogatory comments, slurs, jokes, pictures, cartoons, or posters.
§11.2.1 Good Faith Employment Actions
Good faith employment actions do not constitute harassment. Thus, good faith personnel
actions taken by a supervisor or manager, such as offering constructive feedback or
criticism, holding employees accountable, and providing discipline, where
appropriate, do not constitute and should not be mistaken for harassment or retaliation.
Such actions are intended to enhance workplace productivity and/or address work
performance, and are within the responsibilities and obligations of RCTC supervisors and
managers.
§11.2.2 Response to Harassment Allegations
RCTC has a prompt response policy on allegations of harassment. Thus, every report of an
alleged incident of harassment in the workplace will be subjected to appropriate
investigation. The result of such investigative action may range from informal counseling
to disciplinary action for employees, up to and including discharge from employment, the
first time they engage in such inappropriate behavior. Prior incidents of harassment may
be considered when assessing the facts and circumstances of a later complaint. The result
of such investigation may result in administrative action affecting a non-employee’s
relationship with RCTC.
§11.2.9 Support of Policy
Every employee, volunteer, and commissioner is expected to support and enforce this
Policy. Supervisors and managers who observe or know of a harassing situation, and who
fail to take corrective action, may be disciplined even if the harassment did not take place
in their work unit.
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§11.3 Sexual Harassment
§11.3.1 Sexual Harassment
Sexual harassment is a particular form of harassment, which is most prevalent in
workplaces, that creates an offensive working environment. Sexual harassment is
unprofessional and not supportive of a high performing work environment. With regard to
sexual harassment, as with other forms of harassment, RCTC has a prompt response policy
on all allegations of harassment.
§11.3.2 Sexual Harassment Defined
a. Harassment may consist of offensive verbal, physical, or visual conduct when such
conduct is based on or related to an individual's sex;
Submission to the offensive conduct is an explicit or implicit term or condition of
employment; and
Submission to or rejection of the offensive conduct forms the basis for an
employment decision affecting the employee; or
The offensive conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creates an intimidating, hostile, or offensive
working environment.
Sexually harassing conduct can occur between people of the same or opposite sex.
Sexual harassment can occur between peers, supervisor to subordinate,
subordinate to supervisor, member of the governing body or the public to
employee, and within or across department lines.
b. Written examples of sexual harassment may include letters, e-mails, notes, and
invitations, which may be perceived as suggestive or obscene.
c. Examples of what may constitute prohibited harassment include, but are not
limited to, the following:
i. Kidding or joking about sex;
ii. Recounting one’s sexual exploits;
iii. Starting or spreading rumors about the sex life of an employee;
iv. Hugs, pats, touching, massaging, and similar physical contact;
v. Assault, impeding or blocking movement, or any physical interference with
normal work or movement;
vi. Revealing parts of the body when such exposure violates common decency;
vii. Sexually suggestive or explicit gestures;
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viii. Cartoons, posters, and other materials referring to sex;
ix. Threats intended to induce sexual favors;
x. Continued suggestions or invitations to social events outside the workplace
after being told such suggestions are unwelcome;
xi. Degrading words or offensive terms of a sexual nature; and
xii. Prolonged staring or leering at a person.
§11.3.3 Policy is Broader than Law
Although actions may not rise to the level of a violation of law, they may still violate this
Policy.
§11.3.4 Performance Evaluations
Job performance evaluations for supervisors and managers should include a review of their
support of this Policy.
§11.4 Violation Reporting
§11.4.1 Reporting a Violation to RCTC
Any employee who believes this Policy is being violated should immediately bring the
matter to the attention of any of the individuals or offices listed below:
• Manager responsible for Human Resources
• Deputy Executive Director
• Executive Director
A potential violation involving the Executive Director should be immediately reported to
the Manager responsible for Human Resources or Deputy Executive Director. The Manager
responsible for Human Resources or Deputy Executive Director will immediately consult
the Commission’s Chair.
§11.4.2 Reporting a Violation to External Agencies
In addition to the internal reporting procedure, an employee may file a complaint
directly with the following external agencies:
• State of California Department of Fair Employment and Housing (DFEH) as listed in
the State Government Offices pages of the telephone directory; and
• Federal Equal Employment Opportunity Commission (EEOC) as listed under
“Discrimination” in the United States Government pages of the telephone
directory.
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§11.4.3 Confidentiality
When responding to a report of a Policy violation, RCTC will make a reasonable effort to
protect the privacy of the individuals involved. However, anonymity and complete
confidentiality cannot be guaranteed once a complaint is made, or when inappropriate
behavior is made known. While an individual’s expressed desire regarding confidentiality
will be seriously considered, those wishes must be weighed against the responsibility of
RCTC to investigate possible violations of this Policy and to take corrective and preventive
action where appropriate. Information pertaining to complaints will be maintained in
confidence to the extent permitted by law.
§11.5 Retaliation
§11.5.1 Retaliation Prohibited
Retaliation toward an employee for reporting an alleged violation of this Policy or for
participating in an investigation regarding violations of this Policy is unlawful and will not be
tolerated. Supervisors and managers are reminded that employees have a right and
obligation to report what they believe is a violation of this Policy. Thus, RCTC will not
tolerate harassment or retaliation of employees for fulfilling their obligations under this
Policy. Moreover, even subtle retaliation will not be permitted. Such retaliation may include
a change in work assignment or location, uncharacteristically denying leave requests,
uncooperativeness toward the person who is the object of the retaliation, unsupported
discipline, etc.
SECTION 12 –– VIOLENCE IN THE WORKPLACE POLICY
§12.1 General Provisions
§12.1.1 Purpose
The purpose of this Violence in the Workplace Policy (Policy) is to ensure that all
employees, volunteers, and commissioners are aware of their rights and responsibilities
with regard to the prevention of violence in the workplace, and that the RCTC workplace is
free from violence.
§12.1.2 Distribution of Policy
A copy of this Policy shall be distributed to each employee, volunteer, and commissioner.
§12.1.3 Support of Policy
Every employee, volunteer, and commissioner is expected to support and enforce this
Policy.
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§12.2 Zero Tolerance
§12.2.1 Violence-Free Environment
RCTC is strongly committed to ensuring the safety of all its employees and has adopted a
Zero Tolerance Policy for workplace violence. Consistent with this Policy, threats or acts of
physical violence, including intimidation, harassment and/or coercion that involves or
affects RCTC employees will not be tolerated.
§12.3 Acts or Threats of Violence
§12.3.1 Acts or Threats of Violence Defined
“Threats or acts of violence” include conduct against persons or property that is sufficiently
severe, offensive, or intimidating to alter the employment conditions, or to create a
hostile, abusive, or intimidating work environment for an employee of RCTC. Although
RCTC has a strong commitment to customer service, RCTC does not intend for employees
to be subjected to verbal or physical abuse.
§12.3.2 Prohibited Conduct
General examples of prohibited workplace violence include, but are not limited to:
a. Hitting, shoving, or otherwise assaulting an individual;
b. Threatening to harm an individual or their family, friends, associates, or their
property;
c. Possession of firearms, weapons, or any other dangerous devices on RCTC premises
or in RCTC’s owned or operated vehicles;
d. Making harassing or threatening telephone calls, letters or other forms of written
or electronic communications;
e. Intimidating or attempting to coerce an employee to do wrongful acts that would
affect the business interests of RCTC;
f. Harassing surveillance or stalking, which is engaging in a pattern of conduct with
the intent to follow, alarm, or harass another individual, that presents a credible
threat to the individual and causes that individual to fear for their safety or the
safety of their immediate family; and/or
g. Making a suggestion or otherwise intimating that an act to injure persons or
property is appropriate behavior.
§12.4 Reporting Procedure
§12.4.1 Reporting a Violation
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An employee who believes that they have been the victim of workplace related violence or
a threat of workplace related violence shall immediately report such to their supervisor or
to a supervisory or management level employee if the immediate supervisor is not
available. Any employee who has knowledge of an incident of workplace related violence
or a threat of workplace related violence must immediately report it to their immediate
supervisor or any other supervisory or management level employee.
Even without an actual threat, employees should report any behavior they have witnessed
that they regard as threatening or violent, when that behavior is job related or might be
carried out on a RCTC controlled site.
§12.4.2 Response to Allegations
Every report of an alleged incident of violence in the workplace will be subject to
appropriate investigation. The result of such investigative action may range from informal
counseling to disciplinary action for employees, up to and including discharge from
employment, the first time they engage in such inappropriate behavior. The result of such
investigation may result in administrative action affecting a non-employee’s relationship
with RCTC.
RCTC may also seek a temporary restraining order or injunction on behalf of its employees
if the situation warrants such action.
§12.5 Disciplinary Action
§12.5.1 Violation of Policy
Violation of the provisions of this Policy by an employee may subject the employee to
disciplinary action, up to and including discharge from employment. Violation of the provisions of
this Policy by any person who is not a RCTC employee may subject that person to appropriate legal
or administrative action as appropriate.
§12.6 Retaliation
§12.6.1 Retaliation Prohibited
Retaliation toward an employee for reporting an alleged violation of this Policy, furnishing
information, or for participating in any manner in an investigation regarding violations of this
Policy is prohibited and will not be tolerated.
§12.7 Training
§12.7.1 Employee Training
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All employees shall receive training and instruction via video, written materials, and/or
other means on workplace security practices on a recurring basis both as new hires and
during annual training.
SECTION 13 –– DRUG-FREE WORKPLACE POLICY
§13.1 General Provisions
§13.1.1 Purpose
It is the intent of RCTC to maintain a workplace that is free of drugs and alcohol and to
discourage drug and alcohol abuse by its employees. RCTC has a vital interest in
maintaining safe and efficient working conditions for its employees. Substance abuse is
incompatible with health, safety, efficiency, and success at the RCTC. Employees who are
under the influence of a drug or alcohol on the job compromise RCTC’s interests, endanger
their own health and safety and the health and safety of others, and can cause a number of
other work related problems, including absenteeism and tardiness, substandard job
performance, increased workloads for co-workers, behavior that disrupts other employees,
delays in the completion of jobs, inferior quality in products or service, and disruption of
customer relations.
To further its interest in avoiding accidents, to promote and maintain safe and efficient
working conditions for its employees, and to protect its business, property, equipment and
operations, the RCTC has established this policy concerning the use of alcohol and drugs.
As a condition of continued employment with RCTC, each employee must abide by this
Policy.
The purpose of this Drug-Free Workplace Policy (Policy) is to ensure that all employees,
contract workers, volunteers, and commissioners are aware of their responsibilities with
regard to the prevention of drug and alcohol abuse in the workplace, and that the RCTC
workplace is drug-free.
§13.1.2 Distribution of Policy
A copy of this Policy shall be distributed to each employee, volunteer, and commissioner.
§13.1.3 Support of Policy
Every employee, volunteer, and commissioner is expected to support and enforce this
Policy.
§13.2 Definitions: For Purposes of this Policy
§13.2.1 Abuse of any Legal Drug
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The use of any legal drug: (a) for any purpose other than the purpose for which it was
prescribed or manufactured; or (b) in a quantity, frequency, or manner that is contrary to
the instructions or recommendations of the prescribing physician or manufacturer.
§13.2.2 Controlled Substance
Any drug that is classified by the Drug Enforcement Administration into the five (5)
schedules or classes on the basis of their potential for abuse. These include, but are not
limited to, marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine.
§13.2.3 Illegal Drug
A controlled substance; a legal drug that has not been legally obtained; or a legal drug that
was legally obtained, but that is being sold or distributed unlawfully.
§13.2.4 Legal Drug
Any drug, including any prescription drug or over-the-counter drug that has been legally
obtained and this is not unlawfully sold or distributed.
§13.2.5 Possession
An employee who has a prohibited substance on their person or otherwise under their
control.
§13.3 Scope
§13.3.1 Scope of Policy
The prohibitions and other provisions of this policy apply whenever the interests of the
RCTC may be adversely affected, including any time the employee is:
a. On RCTC premises;
b. Conducting or performing RCTC business, regardless of location;
c. Operating or responsible for the operation, custody or care of RCTC equipment or
other property; or
d. Responsible for the safety of others.
§13.4 Prohibited Conduct
§13.4.1 Alcohol
The following acts are prohibited and subject an employee to discipline, up to and
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including discharge from employment:
a. The use, possession, purchase, sale, manufacture, distribution, transportation, or
dispensation of alcohol in circumstances described in Section 13.3.1, Scope; or
b. Being under the influence of alcohol.
§13.4.2 Illegal Drugs
The following acts are prohibited and subject an employee to discipline, up to and
including discharge from employment:
a. The use, possession, purchase, sale, manufacture, distribution, transportation, or
dispensation of any illegal drug or other controlled substance; or
b. Being under the influence of any illegal drug or other controlled substance.
§13.4.3 Legal Drugs
The following acts are prohibited and subject an employee to discipline, up to and
including discharge from employment:
a. The abuse of any legal drug;
b. The purchase, sale, manufacture, distribution, transportation, dispensation, or
possession of any legal prescription drug in a manner inconsistent with law; or
c. Working while using a legal drug whenever such use might:
i. Endanger the safety of the employee or some other person;
ii. Pose a risk of significant damage to RCTC property or equipment; or
iii. Substantially interfere with the employee’s job performance or the efficient
operation of the RCTC’s business or equipment.
§13.5 Alcohol/Drug Testing
When a supervisor or manager has a reasonable suspicion that an employee is using or is under
the influence of drugs or alcohol in violation of this policy, that employee may be required to
submit to a blood, urine, or other test or examination designed to detect such use. If an employee
refuses to consent and submit to, or fails to otherwise cooperate in, the testing/examination
process where job-related drug or alcohol use is reasonably suspected, the employee will be
subject to discipline, up to and including, discharge.
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§13.5.1 Discretion Not to Discharge
The Executive Director may choose not to initiate the disciplinary process for termination
for a first violation of this policy if the employee satisfactorily completes participation in an
approved drug or alcohol assistance or rehabilitation program.
§13.5.2 Last Chance Agreement
RCTC may also allow an employee to enter into a Last Chance Agreement, in lieu of
termination, the terms of which shall be established by the RCTC in its sole discretion. The
Last Chance Agreement may include, but is not limited to the following:
a. An employee must agree to undertake and to complete successfully, a course of
treatment as deemed appropriate by the substance abuse professional and/or
rehabilitation program counselor. Any employee who fails to successfully complete
the program in a timely manner and/or fails to remain drug free will be terminated
in accordance with the Last Chance Agreement;
b. As part of the terms of the referral, employee agrees that the substance abuse
professional, Employee Assistance Services, or rehabilitation counselor will report
to Human Resources any failure on the part of the employee to cooperate in the
rehabilitation program or to progress through the program; and
c. Nothing in this subsection should be construed to prohibit RCTC from terminating
an employee for their first violation of this Policy, when in the discretion of the
Executive Director, such termination is warranted by the circumstances.
§13.5.3 Criminal Conviction
An employee who is convicted under a criminal drug statute for a violation occurring in the
workplace or during any RCTC related activity or event will be deemed to have violated this
policy.
§13.5.4 Effect of Second Violation
If not initiated for a first violation of this policy a second violation of this policy at any time
will result in initiation of the disciplinary process for termination.
§13.6 Disciplinary Action
Disciplinary action will be subject to Section 8.
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§13.7 Drug-Free Awareness Program
§13.7.1 Employee Awareness
As required by state and federal law, the RCTC has established a Drug-Free Awareness
Policy designed to inform employees about the dangers of drug abuse in the workplace and
to help assure that employees are familiar with this policy. From time to time, RCTC will
provide drug-free workplace training, including current information about RCTC’s Employee
Assistance Services.
§13.7.2 Management Awareness
Managers and supervisors should be attentive to the performance and conduct of those
who work with them and should not permit an employee to work in an impaired condition
or otherwise in violation of this policy.
§13.7.3 Criminal Convictions
Employees are required by this policy to notify RCTC of any conviction under a criminal
drug statute for a violation occurring in the workplace of during any RCTC related activity
or event, not later than five (5) days after any such conviction. When required by federal
law, RCTC will notify any federal agency with which it receives funds of any employee who
has been convicted under a criminal drug statute for a violation occurring in the workplace.
§13.8 Use of Legal Drugs
§13.8.1 Prescribed Legal Drug
RCTC recognizes that an employee may, from time to time, be prescribed legal drugs that,
when taken as prescribed or according to the manufacturer’s instructions, may result in
their impairment. Employees may not work while impaired by the use of legal drugs if the
impairment might endanger the employee or someone else, pose a risk of significant
damage to RCTC property, or substantially interfere with the employee’s job performance.
If an employee is impaired by the appropriate use of legal drugs, they may not report to
work. To accommodate the absence, the employee may use accrued sick leave or vacation.
Nothing in this Policy is intended to sanction the use of accrued sick leave or vacation time
to accommodate absences due to the abuse of legal drugs.
§13.9 Unregulated or Unauthorized Conduct
§13.9.1 Customary Use of Over the Counter Drugs
Nothing in this policy is intended to prohibit the customary and ordinary purchase, sale,
use, possession, or dispensation of over the counter drugs, so long as that activity does not
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violate any law or result in an employee being impaired by the use of such drugs in
violation of this policy.
§13.9.2 Off the Job Conduct
This policy is not intended to regulate off the job conduct, so long as the employee’s off
the job use of alcohol or drugs does not result in the employee being under the influence
of or impaired by the use of alcohol or drugs in violation of this Policy or does not
otherwise reflect unfavorably on RCTC.
§13.10 Confidentiality
§13.10.1 Disclosures to Human Resources
Disclosures made by employees to Human Resources concerning their use of legal drugs
will be treated confidentially and will not be revealed to managers or supervisors unless
there is an important work related reason to do so in order to determine whether it is
advisable for the employee to continue working. Disclosures made by employees to
Human Resources concerning their participation in any drug or alcohol rehabilitation
program will be treated confidentially.
§13.11 Counseling/Employee Assistance
§13.11.1 Employee Assistance
RCTC maintains an Employee Assistance Services that provides help to employees who seek
assistance for drug or alcohol abuse as well as for other personal problems. Employees
who suspect they may have alcohol or drug problems are encouraged to voluntarily seek
diagnosis and to follow through with the treatment as prescribed by qualified
professionals. Employees who seek assistance could still be subject to disciplinary action if
policies have been violated.
SECTION 14 –– VEHICLE OPERATION POLICY
§14.1 Policy
During the course of employment with RCTC, employees may be required to operate their
personal vehicles to perform their assigned duties. Designated employees are required to have a
valid California driver's license, a satisfactory driving record, and proof of insurance. No employee
shall operate or drive any motor vehicle on behalf of RCTC unless the employee is licensed for the
class of vehicle to be driven and meets all of the above requirements.
§14.2 Driver's License
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Designated employees in positions that might require travel to outside meetings must be able to
obtain and maintain a valid California drivers license. and current employees of RCTC are required
to maintain a valid California driver’s license as a continuing condition of employment.
§14.3 Driver's Record
All applicants for employment with RCTC, where driving is required, are required to possess a
satisfactory driving record. On an annual basis, RCTC will perform a Department of Motor Vehicle
check on employees that are required to drive to meetings outside of RCTC offices.
§14.4 Prohibition on Use of Phones, Emails, and Text While Driving
As a safety measure, RCTC employees are strictly prohibited from using a phone, or from reading,
writing, or sending an email or text message while driving a vehicle on RCTC business that does not
comply with state law regarding a “hands-free device”.
§14.5 Vehicle Citation
Employees will be held personally responsible and liable for all parking and traffic citations while
operating a RCTC vehicle on RCTC business. Employees shall notify their supervisor within 48 hours
of receiving a parking or traffic citation.
§14.6 Policy for Employer-Provided Vehicles
Certain RCTC employees may be assigned an “employer-owned” vehicle to be used during the
term of a special and/or short term job assignment requiring the employee to commute to an
alternate office location. Such employees shall have the use of the vehicle during regular business
hours and may maintain the vehicle at his or her residence. For purpose of this policy, the term
“employer-owned” shall mean a vehicle that is owned by RCTC or any of its affiliated entities,
consultants, partners or contractors.
§14.6.1 Care and Maintenance of Employer-Provided Vehicle
Employee shall exercise due caution and prudence in the operation of an employer-owned
vehicle to minimize the risk of damage to the vehicle. No individual, other than the
employee assigned to the vehicle, shall operate the vehicle except in the case of an
emergency.
Employee shall maintain the vehicle in good operating condition, to follow the servicing
and maintenance requirements in the vehicle's service manual, and to obtain all repairs to
the vehicle as necessary. RCTC shall reimburse employees for the expense and cost of
providing all oil, motor fuel, lubricants, tires, coolant, and other operating supplies
necessary for the proper and efficient operation of the vehicle, all maintenance and repairs
including labor and parts required to keep the vehicle in good operating condition, and all
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road service or towing due to mechanical or tire failure. The employee must agree to
promptly submit reports of these costs and expenses.
Employee shall also take all necessary precautions to park and lock an RCTC vehicle in a
secure location. Employees who take RCTC vehicles home shall park the vehicle in a garage,
carport or driveway and not on a private or public street if possible. RCTC vehicles may not
be parked at or near bars, casinos, adult entertainment establishments or other locations
likely to reflect poorly on RCTC. Smoking or the use of alcohol or illegal substances is not
permitted in employer-owned vehicles.
§14.6.2 Taxation Requirements of Employer-Provided Vehicle
Under Internal Revenue Code (“IRC”) Section 132, the RCTC prohibits the personal use of
the employer-provided vehicle except for commuting to and from work and “de minimus”
personal use, such as a stop for a personal errand on the way between a business delivery
and the employee’s home. The employee is taxed only on the commuting use at a rate of
$1.50 per one-way commute for all scheduled workdays and on-call situations. Employees
who are assigned an employer-provided vehicle must document scheduled workdays and
on-call situations on his/her timesheet to ensure IRS taxation requirements are
documented appropriately. The taxable value for commuting will be included in the
employee’s gross income and reported on the employee’s W-2 each year.
§14.6.3 Return of the Employer-Provided Vehicle
The employee must immediately return a RCTC vehicle upon his or her termination of
employment, upon the suspension or invalidation of the employee’s driver’s license, or due
to end of project terms in which the employer-provided vehicle is no longer required. The
vehicle must be in the same condition in which it was delivered to the employee, excepting
only ordinary wear and tear.
§14.6.4 Driver's License While Operating an Employer-Provided Vehicle
Designated employees in positions that might require travel to outside meetings or
employees who have been assigned an employer-provided vehicle must have a current and
valid California driver’s license. Such employees are required to immediately notify their
supervisor if their driver’s license is revoked, suspended, restricted or expired.
§14.6.5 Driver's Record While Driving an Employer-Provided Vehicle
All applicants for employment with RCTC, where driving is required, and any employee
assigned the use of an employer-provided vehicle are required to possess a satisfactory
driving record.
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§14.6.6 Prohibition on Use of Phones, Emails, and Text While Driving
As a safety measure, RCTC employees are strictly prohibited from using a phone, or from
reading, writing, or sending an email or text message while driving any vehicle on RCTC
business that does not comply with state law regarding a “hands-free device”.
§14.6.7 Vehicle Citations While Driving an Employer-Provided Vehicle
Employees will be held personally responsible and liable for all parking and traffic citations
while operating an employer-provided vehicle during the course of RCTC business.
Employees shall notify their supervisor within 48 hours of receiving a parking or traffic
citation.
SECTION 15 –– EXPENSE REIMBURSEMENT
RCTC shall reimburse employees of RCTC for travel, lodging, meals, and other expenses directly
related to the conduct of RCTC business. Commissioners are covered under a separate policy in
accordance with AB 1234. Consultants are not covered under this policy. Employees are expected
to use good judgment in the expenditure of public funds with which they have been entrusted.
Employees must substantiate expenses with original receipts, unless otherwise noted.
§15.1 Transportation
Transportation costs include, but are not limited to, airplane, train, bus, shuttle, and taxi fares,
tolls, parking, car rental, and pool and personal vehicles. Employees should generally take the
most direct and commonly traveled routes. Other routes may be authorized when official business
requires their use. If an indirect route or stop along the way for personal reasons is taken, the
employee will not be reimbursed for the non-business portion of the expenses. Any additional
costs incurred related to changes to travel for personal reasons, other than illness or family
emergency, are the responsibility of the employee. Use of internet travel services is discouraged
and travel arrangements should be made directly with the air carrier, car rental agency, and/or
hotel, except when savings in excess of $150 can be realized and documented when using such
travel service.
A. Air
Air travel shall be at coach accommodations, unless the cost differential between upper
class and coach accommodation is less than $10, or single class service. Selection of
carrier, reservations, and ticketing should be arranged as early as feasible to obtain the
greatest discount. Alternative transportation methods, such as a nearby airport and
ground transportation, should be considered if the total fares are lower. Employees are
encouraged to book air travel using the RCTC Credit Cards maintained by the Executive
Director, Chief Financial Officer, or Office and Board Services ManagerClerk of the Board.
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If an airplane ticket is not used, RCTC’s appropriate staff shall be notified so that it can be
used for travel purposes by other employees. If an airline ticket exchange or change results
in a fare increase, the documentation for the original fare and the fare increase must be
submitted with the employee’s expense report.
A private vehicle may be used in lieu of air travel if it is more advantageous to RCTC,
although prior approval should be obtained. The employee’s supervisor should consider
the additional time spent driving prior to granting such approval. However, the total
documented mileage and all other travel expenses incurred cannot exceed the airfare
amount that would have been incurred. RCTC shall only reimburse only the lesser of the
two means of travel.
If personal travel is combined with the business-related travel by an employee,
documentation of the normal cost of the business-related travel should be obtained. The
employee shall be reimbursed for only the business-related portion of the travel.
B. Train, Bus, Shuttle, and Taxi Fares
Long-distance train travel arrangements should be made in a fashion similar to that of air
travel. Commuter train travel is encouraged, especially if it is more efficient than pool or
personal vehicle use, and shall be reimbursed at actual costs. Available courtesy shuttle
services should be utilized between airports and meeting locations. Reasonable ground
transportation charges (shuttle, taxi, or bus), including gratuities, for business purposes
shall be reimbursed at actual costs.
C. Tolls
Toll charges incurred while traveling on highways and bridges for business purposes shall
be reimbursed at actual costs.
D. Parking
Employees traveling by air and requiring parking at the airport for 24 hours or less shall be
reimbursed at the short-term parking rates. Required parking for more than 24 hours shall
be reimbursed at the long-term rates. Hotel parking fees shall be reimbursed at actual
costs, including gratuities for valet parking. Parking fees at other locations for business
purposes shall be reimbursed at actual costs.
E. Car Rental
Rental cars generally shall not be used except when there is no other economical and
convenient transportation available. When there are multiple attendees, including
Legislative Body Members, at the same meeting or conference, attendees are encouraged
to share car rentals to minimize RCTC’s expense, when feasible. Approval of car rentals
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shall be approved by the employee’s supervisor only when reasonable or necessary. Car
rental charges shall be limited to the reasonable cost of non-luxury or specialty vehicles.
Fuel charges for car rentals shall be reimbursed at actual costs.
F. Pool and Personal Vehicles
RCTC pool vehicles may be used for official RCTC business by an employee.. Use of such
vehicle by more than one employee on official RCTC business making the same trip is
encouraged. Employees may reserve a pool vehicle in advance through the Outlook
calendar reservation system (Toyota Sienna or Toyota Camry). Pool vehicles are to be
returned to the RCTC parking site at the completion of RCTC business with no less than a ¼
tank of fuel. Refueling may be done at the county fueling station using staff employee
number for billing to RCTC by county or at commercial fueling station, which will be
reimbursed at actual cost. Pool vehicles may be taken home or parked off site if the
employee has to attend a meeting for which the employee must leave prior to or return
after normal scheduled business hours. The employee must reimburse RCTC, at the
Internal Revenue Service (IRS) approved mileage reimbursement rate for employee use of
private vehicles, for any miles accumulated using a pool vehicle that exceed the miles
necessary for the most direct route to and from the meeting. Pool vehicle keys shall be
returned to the appropriate location upon completion of the business trip.
Use of a personal vehicle for business purposes, including travel to and from the airport,
shall be reimbursed at the IRS approved mileage reimbursement rate. The mileage claimed
shall be from the employee’s normal work location to the travel destination or from the
employee’s home to the destination, whichever is less. The RCTC office at 4080 Lemon
Street is the normal work location for RCTC employees. For example, an employee residing
in Banning who goes directly to Ontario Airport from home should claim mileage from the
RCTC office to the airport, not from home to the airport. Gas, damages, service or repair to
a personal vehicle while being used for business purposes are not reimbursable, as such
costs are included in the IRS mileage reimbursement rate.
In the event of accident, employees using a personal vehicle for authorized travel in
conducting RCTC business must rely on personal insurance for financial protection.
Although RCTC’s interests are protected by insurance, RCTC may not provide insurance to
protect employees against damage to the employee’s personal automobile or for damage
to the property of others or for death or personal injury to others as a result of an
employee using a personal vehicle while conducting RCTC business.
Employees are encouraged to make optimum use of carpooling or available public transit
services when traveling to the same business event.
§15.2 Lodging
Pre/post-conference or pre/post-meeting lodging is available for regional or national travel
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requiring extensive travel time and adjustment. Pre-conference/pre-meeting lodging shall be
offered for regional travel if such conference/meeting starts at or before 9:00 a.m. Lodging for
local travel will be permitted if the length of the conference/meeting is more than one (1) day and
the distance are more than 60 miles from RCTC’s offices or the employee’s residence, whichever is
more, or if the employee’s presence is necessary for business-related activities before or after the
regular conference hours.
Lodging in commercial hotels and motels shall be based on standard accommodations at single
occupancy rates. Every effort should be made to obtain the government rate, if available.
Additional costs incurred for additional guest(s) of the employee in the same room shall not be
reimbursed. Under no circumstances should lodging expenses exceed the conference hotel rate.
In instances where conference hotels are filled, the employee should attempt to secure
comparable rates at the nearest hotel.
The guarantee of lodging reservations may be made using the RCTC Credit Cards maintained by the
Executive Director, Chief Financial Officer, and the Office and Board Services Manager. A properly
approved Payment Request Form may be submitted for advance payment to the hotel. A close-
out folio copy from the hotel should be provided to the Accounting Department upon return from
travel if the lodging has been prepaid.
§15.3 Meals
A. Travel
Expenses for an employee’s meals, including reasonable tips, shall be reimbursed at a per
diem of $50 per day; however, such per diem may be increased to $60 for certain
urbanized areas (e.g., New York; Washington, D.C.; San Francisco; and Chicago). Receipts
for meals claimed using per diem rates are not required; receipts for meals claimed using
actual, reasonable costs exceeding per diem rates are required. Reimbursement of costs
related to alcoholic beverages is prohibited. Employees shall receive a reduced per diem if
one or more meals are included in the conference cost or are otherwise covered. The per
diem components are as follows:
Breakfast $10
Lunch $15
Dinner $25
When an employee is traveling with other RCTC employees or a Legislative Body Member,
the per diem amount shall be reduced by the cost of the employee’s meal(s) paid for by
other RCTC employees.
Travel generally refers to travel more than 90 miles from the normal work location or the
employee’s home, or includes an overnight stay, or outside normal business hours.
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B. Local
Reasonable meal expenses associated with local business meetings, luncheons, or dinners
shall be reimbursed at actual costs not to exceed $50 per day, including gratuities.
Reimbursement of costs related to alcoholic beverages is prohibited. Meal expenses
incurred during meetings should be discouraged, unless it relates to a specific business
matter that includes non-RCTC participants and there is no other convenient time that the
meeting participants are available. Lunch meals are normally the responsibility of each
employee, and reimbursement for lunch meals generally shall not be allowable except
when traveling, as defined above, attendance at locally provided training, or for meetings
that meet the criteria discussed above.
Specific Documentation Requirements
Requests for meal reimbursements should include the conference attended or meeting
business purpose, date of meal, restaurant name, and itemized receipt of food and
beverages to ensure no alcoholic beverages are being reimbursed, and listing of attendees,
if any, and business relationship. When a per diem is claimed, the conference/meeting
purpose and date shall be provided.
Reimbursements for room service or hotel dining meals shall be made upon presentation
of an itemized receipt. Hotel folio charges for such meals without an itemized receipt are
not acceptable.
§15.4 Communications
Expenses for telephone and internet connection charges shall be kept to a minimum and shall be
reimbursed for business purposes only. For travel requiring an overnight stay, a telephone charge
for one reasonable-length personal call is permitted. Employees in possession of RCTC-provided
communication devices are encouraged to use such devices as much as possible rather than
incurring hotel access and phone charges.
§15.5 Incidentals
Reasonable miscellaneous gratuities, not otherwise noted previously, shall be reimbursed at an
amount not to exceed $10 per day. Such gratuities related to guest(s) accompanying an employee
on business travel shall not be reimbursed.
Laundry/dry cleaning charges shall not be reimbursed, unless the employee’s travel is more than
one (1) week in duration. Items of a personal nature including, but not limited to, in-room movies,
tours and entertainment, spas and gyms, barber, magazines, shoe shines, travel insurance,
purchase of clothing or toiletries, fines or traffic violations, and excess baggage costs are not
eligible for reimbursement.
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§15.6 Registration Fees
Whenever possible, registration and payment for registration fees for approved classes, seminars,
and conferences shall be made in advance by submitting a properly approved payment request
form. Frequently, early registration discounts are offered. If a conference needs to be cancelled,
such cancellation shall be made in accordance with stipulated dates in order to avoid cancellation
charges or penalties. When an employee’s registration is late and cannot be paid through the
regular accounts payable process, the cost of registration incurred by the employee shall be
reimbursed with an appropriate receipt.
§15.7 Memberships and Professional Certifications
Employees are encouraged to participate in professional and local organizations and maintain
professional certifications that are related to the employee’s specific job responsibilities. Dues for
individual memberships in organizations and expenses for professional certifications are
reimbursable only when such memberships provide a specific benefit to RCTC and have prior
approval of the employee’s supervisor.
§15.8 Expenditures in Excess of Allowable Expenses
The Executive Director or Deputy Executive Director is authorized to interpret these policies and to
approve exceptional reimbursements in excess of limits and standards established in this policy
when, in the judgment of the Executive Director or Deputy Executive Director, such expenses are
warranted. Expenses in excess of the allowable amounts for meals or lodging may be reimbursed
upon presentation of a memorandum of explanation/justification attached to the expense report.
All expenses must be clearly substantiated prior to reimbursement. Unnecessary or exorbitant
expenses will be disallowed.
§15.9 Travel Advance
The Executive Director or Deputy Executive Director may grant a travel advance up to $200 to an
employee traveling on RCTC business in excess of one (1) day to defray the expenses of such travel
only under extraordinary circumstances. This can be done by completing a Payment Request Form
and obtaining appropriate approvals five (5) days prior to date of business travel. An accounting of
actual expenses incurred, including required receipts, must be provided on an Expense Claim Form,
and any unused amounts shall be returned to the RCTC Accounting Department.
§15.10 Documentation
All expenses for which reimbursement is requested shall be fully documented as to date, amount,
and business purpose. Exclusive of the per diem, receipts are required for all expenses of $25 or
more. Receipts are encouraged for expenses under $25, except for per diem claims and incidentals
such as gratuities. If a receipt is inadvertently lost or not available, the employee should provide a
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signed certification statement at the bottom of the Expense Claim Form as follows:
For non-meal expenses: I certify that I have incurred an expense for (describe vendor, date,
amount, etc.) for which a receipt is not available/has been lost.
For meal expenses: I certify that I have incurred a meal expense for (describe restaurant name,
date, amount, and guest(s) in attendance, and business purpose) for which a detailed receipt is not
available/has been lost. The reimbursement amount requested does not include any charges for
alcoholic beverages.
The use of the certification statement for lost or unavailable receipts should not be abused by any
employee, as frequent use of this provision may result in the denial of similar reimbursement
requests in the future.
Expense Claim Forms must be properly completed and approved by a supervisor and include
required documentation and receipts prior to submittal to the RCTC Accounting Department.
Employees are encouraged to submit expense claims on a timely, regular basis. Expense Claim
Forms are due by 12:00 p.m. prior to the regular accounts payable check processing day.
§15.11 Payment to Former Employees
Former employees of RCTC may be subpoenaed to testify in litigation matters for projects or
activities that they may have had direct knowledge during their former employment. In such
cases, former employees may be required to attend a deposition or trial, attend pretrial interviews
with legal counsel in preparation of testifying, and review records. RCTC recognizes that a former
employee may sustain a direct loss of income because of time away from work or in preparing to
give testimony. Therefore, RCTC will at the former employee’s request, allow payments for the
“reasonable” cost of travel and subsistence incurred and the reasonable value of time lost in
attendance of such a trial, hearing, or proceeding.
The Executive Director will consider the former employee’s out-of-pocket expenses and reasonable
loss of income, years of experience, first-hand experience of the subject matter of the litigation,
and the complex nature of the lawsuit to determine “reasonable” payments.
SECTION 16 –– ELECTRONICS COMMUNICATIONS POLICY
§16.1 General Provisions
§16.1.1 Purposes and Scope
The purpose of this Electronic Communications Policy (Policy) is to ensure that all
employees, volunteers, interns, and commissioners are aware of the authorized and
unauthorized uses of the RCTC electronic communications resources, as defined herein, as
well as disclosure of contents and records stored on the electronic communications
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resources.
§16.1.2 Electronic Communications Resources Defined
Electronic communications resources include all equipment and software that retain,
transmit, copy, modify, analyze or process information in any form. Electronic
communications resources include, but are not limited to, the RCTC’s telephone system,
voice mail system, servers, desktop and notebook computers, computer networks, printers,
scanners, facsimile (fax) machines, databases, cellular/smartphones, iPads, internet, ,
utilities and operating systems and other electronic communications systems provided by
the RCTC.
§16.1.3 Violation of Policy
Violation of the provisions of this Policy by an employee may subject the employee to
disciplinary action, up to and including discharge from employment. Violation of the
provisions of this Policy by any person who is not an RCTC employee may subject that
person to appropriate administrative action.
§16.1.4 Distribution of Policy
A copy of this Policy shall be distributed to each employee and commissioner.
§16.2 Ownership, Authorization and Privacy
§16.2.1 Ownership
E-mail, fax, telephonic voice mail, cellular/smart phones, internal RCTC websites, Internet
access, and other electronic communications systems, resources, and equipment are
provided for the purpose of conducting official business. All electronic communications of
any type generated by employees with RCTC equipment or stored on RCTC equipment are
the property of the RCTC and, therefore, are not considered private. Upon termination of
employment, no employee shall remove any software or data from RCTC-owned or leased
computers or servers.
§16.2.2 Authorization
Access to the RCTC’s electronic communication resources is within the sole discretion of
the RCTC. Generally, employees are given access to the RCTC’s various technologies based
on their job functions. Only employees whose job performance will benefit from the use of
the electronic communication resources will be given access to the necessary technology.
§16.2.3 No Expectation of Privacy
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All electronic communication resources remain the property of RCTC and are primarily for
official RCTC use; therefore, employees shall have no expectation of privacy in documents
or other materials they write, receive, store, or send when using these resources. All
internal employee transactions and transactions on the Internet from RCTC equipment,
including, but not limited to e-mail, may be considered public information and records of
these transactions may be requested by anyone at any time, subject to certain Public
Records Act exceptions and attorney-client privilege material.
The RCTC recognizes that there may be incidental occasional personal use of cellular/smart
phones, e-mail, or voice mail, but these messages will be treated the same as other
messages. Since personal messages can be accessed by the RCTC management without
prior notice, employees should not use e-mail or voice mail to transmit messages they do
not want read or listened to by a third party.
§16.3 Disclosure
§16.3.1 Access and Disclosure
RCTC officials reserve the right to access and disclose all products, materials, and contents
of the electronic communications systems and resources for any purpose. Access and
disclosure may occur because of situations indicating impropriety, violation of RCTC
policies, legal requirements, suspected criminal activities, breach of system security, to
monitor employee performance, and conduct or for any other reason RCTC deems
appropriate.
§16.4 Prohibited Uses
§16.4.1 Prohibited Uses of Electronic Communications Resources
Prohibited uses of the RCTC’s electronic communications resources include, but are not
limited to the following:
a. Installing programs on the RCTC’s computer system without prior written consent
of the Office and Board Services ManagerClerk of the Board;
b. Unauthorized copying of RCTC software programs for personal use. No employee
shall install pirated, personal or non-licensed software, data, entertainment
software, music or games on RCTC-owned or leased PCs, cellular/smartphones,
notebooks, or iPads, or violate any copyright or licensing software laws;
c. Using another employee’s password to attempt to gain access to that employee’s
computer, e-mail, mobile messaging, telephonic voice mail, internet access, or
other electronic communications system or resources without prior consent of
their Department Director or the Office and Board Services ManagerClerk of the
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Board;
d. Connecting computers not owned or leased by the RCTC to RCTC’s information
systems network without the prior written consent of the Office and Board Services
ManagerClerk of the Board;
e. Disclosing access codes, login or passwords, or otherwise making the RCTC
electronic resources available to persons not authorized to have such access;
f. Using RCTC’s computer resources for private business or commercial uses not
intended to benefit the RCTC;
g. Violating any federal, state, or local laws in the use of RCTC electronic
communications systems.
h. Using RCTC systems, resources, or equipment to access, look at, store, send, or
receive obscene, pornographic, profane, sexually oriented, threatening, racially
offensive or otherwise discriminatory or illegal matter or material that violates
RCTC’s policies prohibiting sexual and other harassment.
§16.5 Authorized Use of E-mail and Telephone Systems
§16.5.1 Policy for Use of E-mail and Telephone System
It is the policy of RCTC that e-mail systems and equipment will be used primarily for official
business. Personal use shall be limited to those actions authorized herein. E-mail
communication is not private or confidential; therefore, E-mail users shall operate on the
assumption that e-mail may be, in addition to monitoring by RCTC, subject to discovery in a
court proceeding.
RCTC does understand that employees occasionally need to use the telephone system to
make or receive personal calls. The employee should attempt to make personal calls
during non-working hours (meal period or breaks) or a time that does not interrupt the
flow of work within the department. Personal phone calls shall not reduce the employee’s
job performance. Excessive use of the RCTC phone system for personal calls is prohibited
and may lead to disciplinary action.
Users may use the RCTC’s e-mail and telephone systems for the following incidental and
personal uses so long as such use does not interfere with the user’s duties, does not
conflict with RCTC’s business, is at no cost to RCTC, and does not violate either this or any
other RCTC policy:
a. To send and receive occasional personal e-mail and other communications; and
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b. To use the telephone system for brief and necessary personal calls, at the caller’s
expense for toll calls.
It is RCTC policy to issue cellular/smartphones to designated employees for business
purposes. The IRS issued Notice 2011-72 stating that cellular phones are no longer
considered “listed property” subject to substantiation requirements for their business use.
The IRS has confirmed that a cellular phone issued to the employee for non-compensatory
business use is considered a “working condition fringe benefit,” the value of which is not
taxable to the employee. In addition, the personal use of the phone is considered a “de
minimis fringe benefit”, which is not taxable to the employee.
The IRS issued separate guidance where employees are required to use their personal
cellular phones for business purposes. In this situation, as long as the reimbursement is
reasonably calculated to not exceed the actual cost of the cellular phone and is not a
substitute for taxable compensation, the reimbursement is not taxable to the employee.
§16.6 Guidelines for the Use of E-mail
§16.6.1 Use of E-mail
The RCTC provides electronic mail for business purposes as necessary and desirable to
meet RCTC organizational needs and goals. RCTC considers e-mail as an important means
of communication and recognizes the importance of proper e-mail content and timely
replies in conveying a professional image and delivering good customer service. Users
should take the same care in drafting an e-mail as they would for any other
communication.
§16.6.2 Prohibited Use
The following unacceptable uses of RCTC’s electronic mail system include, but are not
limited to:
a. Sending threatening, abusive, obscene, offensive, lewd, profane, or harassing
messages;
b. Sending messages that violate the RCTC’s Sexual Harassment Policy; sending “chain
letters” or similar correspondence;
c. Sending copies of documents in violation of copyright laws; and
d. Any other use that would be deemed inappropriate for a business office.
§16.7 Internet Usage
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§16.7.1 Purpose
The purpose of the internet is to distribute information to public constituencies or to
research various RCTC related matters. During business hours, an employee’s internet
access is for business-related purposes. However, employees may use the internet for non-
business research or browsing during meal periods, breaks, or outside of work hours,
provided that users adhere to all RCTC policies. All existing RCTC policies apply to an
employee’s conduct on the internet, including but not limited to those that deal with
privacy, misuse of RCTC property, harassment, and confidentiality.
§16.7.2 Improper Use of the Internet
Listed below are examples of prohibited uses of the RCTC internet system. This list is not
exhaustive and common sense and good judgment should be used in determining whether
the user is engaging in an activity that will violate this policy. If an employee has a question
regarding whether an activity is permitted, they shall get the permission of their
Department Director, Manager, or Supervisor before proceeding with the internet activity.
Examples of Inappropriate/Prohibited Use:
a. Generating, sending, requesting, receiving, or archiving material in any form that
contains any comment or image that is discriminatory, offensive, defamatory, or
harassing in nature;
b. Displaying sensitive or offensive material resulting in a perceived “hostile
environment” to coworkers;
c. Conducting personal business from the RCTC’s computers/server, i.e., placing or
advertising items for sale, except in the designated Internet site provided by the
RCTC for this purpose;
d. Conducting illegal activities (e.g. gambling, placing wagers or bets, etc.); and
e. Copyright infringement, unauthorized downloading, or forwarding of protected
information.
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§16.8 Security and Audits
§16.8.1 Security Devices
RCTC has installed a variety of programs and devices to ensure the safety and security of
RCTC’s electronic communications resources. Any employee found tampering or disabling
any of the security devices will be subject to disciplinary action, up to and including
discharge from employment.
§16.8.2 Audits
RCTC may perform auditing activities or monitoring to determine compliance with these
policies. Audits of software and data stored on the electronic resources may be conducted
without notice at any time.
SECTION 17 –– EMPLOYEE GIFT AND CONTRIBUTION LIMITATIONS
All RCTC employees shall demonstrate, and be dedicated to, the highest ideals of honor and
integrity in all relationships involving their employment. Employees shall conduct themselves in an
ethical manner at all times in order to merit the respect, trust, and confidence of others.
Gifts extended to all employees, such as a basket of fruit, nuts, or candy is not covered under this
policy. In addition, promotional items such as calendars or pens are not covered. Hospitality
received by an employee as part of a seminar, convention, or RCTC sponsored event is not
covered, provided that such hospitality is open to all those attending the event.
The rules set forth herein are supplemental to those set forth in the Political Reform Act of the
State of California (Governmental Code Section 81000 et seq.).
For purposes of this Section, "gift" shall have the same meaning as defined in Section 82028, as
amended, of the California Government Code.
"Gift" means, except as provided below, any payment that confers a personal benefit on the
recipient, to the extent that consideration of equal or greater value is not received and includes a
rebate or discount in the price of anything of value unless the rebate or discount is made in the
regular course of business to members of the public without regard to official status. Any person,
other than a defendant in a criminal action, who claims that a payment is not a gift by reason of
receipt of consideration has the burden of proving that the consideration received is of equal or
greater value.
The term “gift” does not include:
A. Funds, items, or services donated directly to RCTC for which the employee receives
no personal monetary benefit or ownership interest;
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B. Informational material such as books, reports, pamphlets, calendars, or periodicals.
No payment for travel or reimbursement for any expenses shall be deemed
"informational material";
C. Gifts which are not used and which, within 30 days after receipt, are either
returned to the donor or delivered to a nonprofit entity exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code without being claimed as a
charitable contribution for tax purposes;
D. Gifts from an employee’s spouse, child, parent, grandparent, grandchild, brother,
sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or
first cousin or the spouse of any such person; unless the donor is acting as an agent
or intermediary for any person not covered by this Subsection;
E. Campaign contributions required to be reported under state law (see section 3.15
Political Activity);
F. Any devise or inheritance; and
G. Personalized plaques and trophies with an individual value of less than two
hundred fifty dollars ($250).
Violation of this policy may result in discipline up to and including discharge from
employment.
SECTION 18 –– FAMILY AND MEDICAL LEAVE POLICY
§18.1 Scope
In accordance with the federal Family and Medical Leave Act (FMLA), and the California Family
Rights Act (CFRA), RCTC has adopted the following policy regarding the rights and responsibilities
of employees absent for a family and medical leave purpose. This policy shall supersede the
provisions of any RCTC policy, practice, rule, or procedure to the extent that such policy, practice,
rule, or procedure is in conflict or inconsistent with this policy.
§18.2 Purpose of Leave
In accordance with the CFRA, FMLA, and this policy, RCTC shall provide up to twelve (12)
workweeks of CFRA and/or FMLA leave in a twelve (12) month period to any eligible employee
who requests leave for any of the following purposes:
A. The birth or adoption of a child by the employee or placement of a child in foster
care with the employee (all family and medical leave taken for one of these
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purposes must be concluded within one (1) year of the event);
B. To care for a child, parent, or spouse of the employee who has a serious health
condition. Under CFRA, an employee may also use leave to care for a registered
domestic partner who has a serious health condition; or
C. For an employee’s own serious health condition that makes the employee unable
to perform the essential functions of the employee’s position.
D. Military Family Leave Entitlements (FMLA only):
i. Exigency leave: Eligible employees with a spouse, son, daughter, or parent
on covered active duty (or who has been called or ordered to covered active
duty) in the Armed Forces may use their FMLA leave entitlement of up to
twelve (12) workweeks during the applicable twelve (12) week period to
address qualifying exigencies. Qualifying exigencies may include activities
such as attending certain military events, arranging for alternative childcare,
addressing certain financial and legal arrangements, attending certain
counseling sessions, and attending post-deployment reintegration briefings.
ii. Military caregiver leave: Eligible employees may take up to
twenty-six (26) workweeks of FMLA leave in a single month period to care
for a “covered service member,” if the employee is the spouse, son,
daughter, parent, or next of kin of the covered service member.
See the Human Resources Department for more details concerning FMLA Military Leave
entitlements.
§18.3 Eligibility
Employees are eligible for family and medical leave if, at the time leave commences, all of the
following apply:
A. The employee must have at least twelve (12) months (not necessarily consecutive
months) of service with RCTC; and
B. The employee must have worked at least 1,250 hours for RCTC during the twelve
(12) months immediately prior to the period of FMLA and/or CFRA leave.
§18.4 Special Rules for Pregnancy Disability Leave
A. The right to take CFRA leave is separate and distinct from the right to take a
pregnancy disability leave. In other words, leave taken by an employee disabled by
pregnancy, childbirth, or related medical conditions is not family and medical leave
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under the CFRA, even though it may be FMLA leave.
B. In light of the above, RCTC may require that pregnancy disability and FMLA leave
run concurrently (hereinafter “pregnancy disability/FMLA leave”), but CFRA leave
does not run concurrently with a pregnancy disability leave. This means that, at the
end of the employee’s period(s) of pregnancy disability and/or pregnancy
disability/FMLA leave, whichever occurs first, a CFRA-eligible employee may take up
to twelve (12) workweeks of CFRA leave due to the birth of her child or for other
family and medical leave purposes.
i. Where an employee has exhausted her entitlement to pregnancy
disability/FMLA leave prior to the birth of her child, and her health care
provider certifies that continued leave is medically necessary, RCTC may,
but is not required to, allow the employee to utilize CFRA leave prior to the
birth of her child.
ii. The maximum combined leave entitlement for pregnancy disability, FMLA,
and CFRA leave for the birth of a child is four (4) months and twelve (12)
workweeks. This assumes that the employee exhausted all four (4) months
of pregnancy disability leave; she exhausted her entitlement to up to twelve
(12) weeks of FMLA leave during the period of pregnancy disability leave;
and the employee requested and was eligible for a twelve (12) week CFRA
leave following the birth of her child.
C. For more information regarding your rights to pregnancy disability leave, see RCTC’s
pregnancy disability leave policy and/or contact the Human Resources Department.
§18.5 Special Rules Regarding the Employment of Spouses/Parents
A. Where CFRA and FMLA leave are running concurrently, and both the husband and
wife are employed by RCTC, their combined entitlement to CFRA/FMLA leave for
the birth or adoption of a child by the employees or placement of a child in foster
care with the employees shall be limited to twelve (12) workweeks in a twelve (12)
month period between the husband and the wife.
B. Where CFRA leave is running separate and apart from FMLA leave (such as
following a pregnancy disability/FMLA leave), and both parents are employed by
RCTC, their combined entitlement to CFRA leave for the birth, adoption, or foster
care placement of their child shall be limited to twelve (12) workweeks in a twelve
(12) month period between the two parents. This provision applies to the parents
of the child, regardless of their marital status.
C. The provisions above do not affect the employees’ right to use any remaining CFRA
and/or FMLA leave for any other qualifying purpose(s).
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§18.6 Calculating the Twelve (12) Month Period
For the purpose of this policy, “twelve (12) month period” shall mean a twelve (12) month period
measured forward from the date the employee first uses family and medical leave.
§18.7 Employee Notice Requirements
A. The employee, or a spokesperson for the employee (e.g., spouse, adult family
member, or other responsible party), must notify the employee’s supervisor or the
Human Resources Department, preferably in writing, as soon as it becomes
apparent that the employee will be needing leave for a family and medical leave
purpose.
B. Employees must provide at least thirty (30) calendar days advance notice before
leave is to begin if the need for leave is foreseeable, or notice as soon as possible
for unforeseeable events.
C. The employee must consult with their supervisor and must make a reasonable
effort to schedule any planned medical treatment or supervision so as to minimize
disruption of RCTC operations. Actual scheduling is, however, subject to the
approval of the patient’s health care provider.
D. Failure to comply with these notice requirements is grounds for, and may result in,
deferral of the requested leave until the employee complies with these provisions.
However, RCTC will not deny a leave, the need for which is an emergency or is
otherwise unforeseeable, on the basis that the employee did not provide advance
notice of the need for the leave.
E. Where leave is requested on the basis of a serious health condition affecting an
employee’s family member, RCTC may require evidence of the family relationship.
§18.8 RCTC Determination and Notification to Employee
A. RCTC shall designate leave, paid or unpaid, as CFRA or CFRA/FMLA leave based on
information provided by the employee or the employee’s representative.
B. In the event that RCTC determines that a leave of absence is for a FMLA family and
medical leave purpose, RCTC shall, within two (2) business days, notify the
employee of its determination that the leave constitutes FMLA and/or CFRA leave.
Such notice may be oral or in writing. However, any oral notice shall be confirmed
in writing by no later than the employee’s next payday (the subsequent payday
where the next payday is less than a week away).
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C. Where CFRA leave is running separate and apart from FMLA leave, such as
following a pregnancy disability/FMLA leave, RCTC shall respond to the leave
request as soon as possible and, in any event, no later than ten (10) calendar days
after receiving the request. Once given, approval of CFRA leave shall be deemed
retroactive to the first day of the leave.
D. RCTC’s written notice to the employee shall, among other things:
i. Specify the obligations of the employee while on family and medical leave
and explain the consequences of a failure to meet these obligations;
ii. Provide notice to the employee in the event that a period of paid leave is to
be counted as family and medical leave;
iii. Provide notice to the employee in the event that RCTC requires paid leave
to be substituted for unpaid leave.
E. Where the employee fails to provide sufficient information until after the leave
commenced, RCTC may make a preliminary determination that the employee’s
absence is for a family and medical leave purpose, subject to later confirmation by
medical certification.
If either RCTC or the employee designates an absence as family and medical leave
after the leave of absence has begun, such as when an employee advises RCTC
during the leave of absence or after their return to work that the entire leave of
absence or any part of it was for a family and medical leave purpose, that portion
of the leave period which was for a family and medical leave purpose may be
retroactively counted as family and medical leave.
F. If the employee fails to advise RCTC that a leave of absence was for a family and
medical leave purpose either, before, during, or within two (2) days after they
return to work, the employee will not be able to assert the protections of the family
and medical leave laws for the leave of absence.
G. Any dispute between RCTC and an employee as to whether paid leave qualifies as
family and medical leave should be resolved through discussions between the
employee and RCTC.
§18.9 Medical Certification
A. An employee’s request for leave due to a serious health condition affecting the
employee or the employee’s child, parent, spouse, or registered domestic partner
must be supported by a medical certification issued by the health care provider of
the individual requiring care.
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i. For leave to care for the employee’s child, parent, spouse, registered
domestic partner, this certification need not identify the serious health
condition involved, but shall contain:
a. The date, if known, on which the serious health condition
commenced;
b. The probable duration of the condition;
c. An estimate of the amount of time which the health care provider
believes the employee needs to care for the child, parent, spouse,
or registered domestic partner; and
d. A statement that the serious health condition warrants the
participation of the employee to provide care during a period of
treatment or supervision of the child, parent, spouse, or registered
domestic partner.
ii. For leave to care for the employee’s own serious health condition, this
certification need not, but may, at the employee’s option, identify the
serious health condition involved. It shall contain:
a. The date, if known, on which the serious health condition
commenced;
b. The probable duration of the condition; and
c. A statement that, due to the serious health condition, the employee
is unable to work at all or is unable to perform any one or more of
the essential functions of their position.
B. Medical certification is not required where leave is requested for the birth,
adoption, or placement of a child in foster care with the employee.
C. Medical certification must be provided within fifteen (15) calendar days of RCTC’s
request and generally prior to the commencement of a foreseeable leave of
absence, unless it is not practicable to do so despite the employee’s diligent, good
faith efforts to do so.
D. With regard to leave due to the employee’s own serious health condition:
i. Where RCTC has reason to doubt the validity of the employee’s medical
certification, RCTC may require, at RCTC’s expense, that the employee
obtain a second medical opinion from a health care provider designated by
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RCTC and who is not regularly used by RCTC for this purpose; and
ii. Where the second opinion differs from the first, RCTC may require that the
employee obtain a third and binding medical opinion, again at RCTC’s
expense, from a health care provider designated or approved jointly by
RCTC and the employee.
E. RCTC may require recertification only where additional leave is requested.
F. RCTC may also require certification at the time the employee seeks reinstatement
from family leave due to the employee’s own serious health condition that the
employee is fit for duty and able to return to work.
§18.10 Minimum Period of Leave
A. Leave may be taken in one (1) or more periods and does not have to cover a
continuous period of time.
B. Where leave is taken due to the serious health condition of the employee or their
parent, child or spouse, the minimum leave increment shall be the shortest period
of time RCTC’s payroll system uses to account for absences or use of leave.
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C. Where CFRA leave is running separate and apart from FMLA leave (such as CFRA
leave following pregnancy disability/FMLA leave), the minimum duration for leave
taken in connection with the birth, adoption, or foster care placement of a child is
two (2) weeks, except that the RCTC shall grant a request for CFRA leave of less
than two (2) weeks on any two (2) occasions during the one (1) year period
following the birth or placement of the child with the employee.
§18.11 Intermittent Leave and Temporary Transfers
A. Employees may take intermittent leave or leave on a reduced schedule due to a
serious health condition of the employee, or the employee’s child, parent, spouse,
or registered domestic partner, whenever medically necessary.
B. If an employee requests intermittent leave, RCTC may require a temporary transfer
to an “alternative position” for which the employee is qualified, and which:
i. Provides equivalent pay and benefits; and
ii. Better accommodates recurring periods of leave.
C. Transfer to an alternative position may include altering an existing job to better
accommodate the employee’s need for intermittent leave or a reduced work
schedule.
§18.12 Continuation of Health and Other Benefits
A. RCTC will continue group health care benefits during the period of leave, up to a
maximum of twelve (12) workweeks in any twelve (12) month period, on the same
terms and conditions as applied prior to the commencement of family and medical
leave. For the purposes of continued group health coverage, the twelve (12) weeks
commences on the first day of pregnancy disability, CFRA, or FMLA, whichever
occurs first.
B. During any period of leave which is unpaid, RCTC may discontinue payments made
on behalf of the employee to a non-group health plan, employee retirement plan
or other benefit plan, and the leave period shall not be counted for purposes of
time accrued under a retirement plan.
C. In the event that the employee is responsible for any portion of the group health
insurance premium or for any other premium payment(s), the employee should,
prior to the commencement of leave, make arrangements with the Human
Resources Department for the submission of such payments.
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D. If the employee fails to return after the period of leave has expired, RCTC may be
entitled to reimbursement for any benefit premiums paid by RCTC during a period
of unpaid family and medical leave, unless:
i. The reason for the employee’s failure to return is due to the continuation,
recurrence or onset of a serious health condition of the employee or the
employee’s child, spouse, parent, or registered domestic partner;
ii. Other circumstances beyond the control of the employee as set forth in
applicable law and regulations.
E. Employees who are not eligible for continued paid coverage or whose entitlement
to continued paid coverage has expired may continue their group health insurance
coverage through RCTC pursuant to federal and state COBRA guidelines.
§18.13 Coordination of CFRA and FMLA Leave
Each day of leave for a family and medical leave purpose, other than disability due to pregnancy,
childbirth, or related medical conditions, counts as a day of FMLA and CFRA leave.
§18.14 Substitution of Leave
A. RCTC requires that sick leave be used to provide pay during any period of otherwise
unpaid family and medical leave due to the employee’s own serious health
condition. Sick leave may also be used in connection with family and medical leave
taken for other purposes in accordance with applicable RCTC policies and upon the
mutual agreement of RCTC and the employee.
B. An employee may elect to use any accrued vacation time or other paid accrued
time off, other than accrued sick leave, that the employee is otherwise eligible to
take during the otherwise unpaid portion of the FMLA/CFRA leave.
C. CFRA and FMLA leave may also run concurrently with a leave of absence covered by
workers’ compensation or temporary disability and an eligible employee may
coordinate the use of sick leave and/or vacation to supplement workers’
compensation or temporary disability insurance payments.
§18.15 Reinstatement
Where a definite date of reinstatement has been agreed upon at the beginning of the leave, the
employee will be reinstated to the same or a comparable position by the date agreed upon.
If the reinstatement date differs from RCTC’s and employee’s original agreement, the employee
will be reinstated to the same or a comparable position within two (2) business days, where
feasible, after the employee notifies RCTC of their readiness to return.
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The employee’s use of family and medical leave may not result in the loss of any employment
benefit that the employee earned or was entitled to before going on family and medical leave.
Upon reinstatement, all employee benefits will be resumed without any new qualification period,
physical examination or exclusion of preexisting conditions.
§18.16 Denial of Reinstatement
An employee has no greater right to reinstatement or to other benefits and conditions of
employment than if the employee had been continuously employed during family and medical
leave. Thus, for example, if an employee is laid off while on family and medical leave, RCTC’s
responsibility to maintain group health plan benefits and reinstate the employee ceases at the
time the employee is laid off.
A. RCTC may also deny reinstatement to:
i. An employee who gives notice that he or she no longer desires to return to
employment with RCTC;
ii. An employee who fails to provide certification that he or she is fit for duty
and able to return to work after taking family and medical leave based on
the employee’s own serious health condition; or
iii. A salaried “key employee” who is among the highest-paid 10percent of
employees employed within 75 road miles of the employee’s worksite, if:
a. It is necessary to prevent substantial grievous economic injury to the
operations of RCTC;
b. Notice is given to the employee at the time of the leave request that
RCTC cannot deny the leave request, but that RCTC intends to deny
reinstatement, and
c. The employee is given a reasonable opportunity to return to
employment after receiving such notice, but elects not to return; or
d. After the leave expires, the employee requests reinstatement, and
RCTC makes a determination at the time of the reinstatement
request and notifies the employee of its determination that
reinstatement would cause substantial grievous economic injury to
the operations of RCTC.
§18.17 Benefits Accrual
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Employees on family and medical leave will not continue to accrue vacation, sick leave, or other
seniority based benefits during unpaid family and medical leave.
§18.18 Additional Information
Should you have any questions about your rights and responsibilities in connection with family and
medical leave, contact the Human Resources Department.
SECTION 19 –– PREGNANCY DISABILITY LEAVE POLICY
§19.1 Eligibility
In accordance with applicable law and this policy, female employees are eligible for a leave of
absence and/or transfer on account of pregnancy, regardless of length of service with RCTC.
§19.2 Pregnancy Disability Leave
A. A woman is “disabled by pregnancy” if, in the opinion of her health care provider,
she is unable to work at all or is unable to perform one (1) or more of the essential
functions of her job or to perform these without undue risk to herself, to the
successful completion of her pregnancy, or to other persons.
B. Pregnancy disability leave is for any period(s) of actual disability caused by
pregnancy, childbirth, or related medical conditions. Where medically advisable,
pregnancy disability leave may be taken for a reasonable period of time, up to four
(4) months per pregnancy (eighty-eight (88) workdays for a full-time employee).
Employees who regularly work more or less than a forty (40) hour workweek are
entitled to such leave on a pro rata basis.
§19.3 Leave Due to Normal Childbirth
Even if the employee is not disabled by pregnancy, childbirth or related medical conditions, a
pregnant employee is entitled to up to six (6) weeks of leave for normal childbirth. Employees
working more or less than a forty (40) hour workweek are entitled to such leave on a pro rata
basis.
§19.4 Leave/Transfer and Other Reasonable Accommodation Requests
A. Pregnant employees should notify the Human Resources Department as soon as
possible regarding their intent/need to take a leave of absence or to transfer due to
pregnancy, childbirth, or related medical conditions. Such notice should specify the
anticipated timing and duration of the leave or transfer.
B. Where the need for a leave of absence or transfer is foreseeable, employees must
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provide such notice at least thirty (30) days prior to the date the leave or transfer is
to begin. Further, employees must consult with the Human Resources Department
regarding the scheduling of any planned medical treatment or supervision so as to
minimize any disruption to RCTC’s operations. Actual scheduling of the
leave/transfer is subject to the approval of the employee’s health care provider.
D. Where thirty (30) days advance notice is not possible, notice must be given as soon
as possible. However, RCTC will not deny a pregnancy disability leave or transfer
where the need for leave is an emergency or was otherwise unforeseeable.
E. RCTC shall respond to the leave or transfer request as soon as practicable and, in
any event, no later than ten (10) calendar days after receiving the request. RCTC
shall attempt to respond to the leave request before the date the leave is due to
begin. Once given, approval shall be deemed retroactive to the date of the first day
of the leave.
F. Reasonable accommodation other than leave or transfer will be granted upon
request. Such requests must be supported by a written certification from the
employee’s health care provider.
§19.5 Intermittent Leave
Pregnancy disability leave need not be taken in one (1) continuous block. It may be taken on an as-
needed basis, intermittently or on a reduced work schedule.
A. If it is medically advisable and foreseeable that an employee will be taking
intermittent leave or leave on a reduced work schedule, RCTC may require that the
employee transfer temporarily to an available alternative position.
B. An “alternative position” is one that provides pay and benefits equivalent to those
of the employee’s regular position and better accommodates recurring periods of
leave than the employee’s regular job. It does not have to have equivalent duties.
However, the employee must be qualified for the position.
C. Transfer to an alternative position may include altering an existing job to better
accommodate the employee’s need for intermittent leave or a reduced work
schedule.
§19.6 Temporary Transfers
A. An employee may request a temporary transfer to a position with less strenuous or
less hazardous duties when the employee’s health care provider certifies that such
a transfer is medically advisable.
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B. Temporary transfers will be granted where appropriate and when RCTC is able to
reasonably accommodate the transfer, provided that the transfer would not
require RCTC to:
i. Create additional employment;
ii. Discharge another employee;
iii. Transfer a more senior employee in order to make room for the pregnant
employee’s transfer; or
iv. Promote or transfer the employee or any other employee to a position for
which they are not qualified.
§19.7 Certifications
A. As a condition of taking a pregnancy disability leave or transfer, the employee must
provide medical certification from her health care provider that she is disabled due
to pregnancy, childbirth or related medical conditions and/or that a transfer to an
alternative position is medically advisable.
B. The medical certification should include:
i. The date on which the employee become disabled due to pregnancy or the
date of the medical advisability for the transfer;
ii. The probable duration of the period(s) of disability or the period(s) for the
advisability of the transfer; and
iii. A statement that, due to the disability, the employee is unable to work at all
or to perform any one or more of the essential functions of her position
without undue risk to herself, to the successful completion of her
pregnancy, or to other persons or a statement that, due to pregnancy, the
transfer is medically advisable.
§19.8 Recertification
Recertification may be required where additional time is requested.
§19.9 Fitness for Duty
The employee must provide certification from her health care provider of her fitness for duty prior
to being reinstated.
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§19.10 Pay During Leave
A. Pregnancy disability leave is unpaid leave. However, the employee may request or
RCTC may require that the employee use accrued sick leave to provide pay during
the period of leave.
B. An employee may also elect, at her option, to use accrued vacation or other
accrued paid time off, if any, to provide pay during pregnancy disability leave.
The employee may also be eligible to receive temporary disability insurance
payments during her pregnancy disability leave, and to coordinate the use of any
accrued sick leave and/or vacation to supplement temporary disability insurance
payments.
§19.11 Reinstatement
A. The employee is entitled to be reinstated to the same or a comparable position
upon release to return to work by her health care provider.
i. Where a definite date of reinstatement has been agreed upon at the
beginning of the leave, the employee will be reinstated by the date agreed
upon, provided that the employee has provided medical certification of her
fitness for duty.
ii. If the actual reinstatement date differs from the original agreement, the
employee will be reinstated within two (2) business days, where feasible,
after the employee notifies RCTC of her readiness to return and provides
medical certification of her fitness for duty.
iii. Failure to return to work, without good cause, on the next work day
following the expiration of pregnancy disability leave may be grounds for
termination of employment.
B. The employee is not, however, entitled to any greater right of reinstatement than
she would have had if she had not taken leave. Thus, reinstatement to the “same
position” may be denied if:
i. For legitimate business reasons unrelated to the employee having taken a
pregnancy disability leave or transfer, the employee would not otherwise
have been employed in her same position at the time reinstatement is
requested; or
ii. Each means of preserving the job or duties for the employee, such as
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leaving it unfilled or filling it with a temporary employee, would
substantially undermine RCTC’s ability to operate safely and efficiently.
C. Also, the employee has no greater right to reinstatement to a “comparable
position” or to other benefits and conditions of employment than an employee
who has been continuously employed. Thus, reinstatement to a comparable
position may be denied if:
i. There is no comparable position open on the employee’s scheduled date of
reinstatement or within ten (10) working days thereafter; or the pregnancy
disability leave does not qualify as leave pursuant to the federal FMLA and a
comparable position is available, but filling the available position with the
returning employee would substantially undermine RCTC’s ability to
operate safely and efficiently.
D. In the event that the employee takes family and medical leave under the CFRA
following her pregnancy disability leave for the birth of her child, the employee’s
right to reinstatement shall be governed by the CFRA and RCTC’s Family and
Medical Leave Policy rather than these provisions.
§19.12 Seniority and Benefits
A. In general, employees taking pregnancy disability leave will be treated the same as
other similarly situated employees taking disability leave.
B. The employee returning from a pregnancy disability leave shall return with no less
seniority than she had when the leave commenced for purposes of layoff, recall,
promotion, job assignment, and seniority-related benefits such as vacation.
C. The employee shall retain employee status during the period of leave, and the
leave shall not constitute a break in service for purposes of longevity and/or
seniority.
§19.13 Federal Family and Medical Leave
In accordance with the FMLA, RCTC shall count each day of pregnancy disability leave against an
eligible employee’s entitlement to up to twelve (12) weeks of federal family and medical leave
under the FMLA.
§19.14 Group Health Insurance
Pursuant to the Pregnancy Disability Leave law, where an eligible employee is on pregnancy
disability/FMLA leave, RCTC will continue the employee’s group health insurance coverage for up
to a maximum of four (4) months under the same terms and conditions as applied prior to the
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leave of absence.
A. In the event that the employee fails to return from leave, RCTC may recover
premiums it paid to maintain group health insurance coverage. (For details, see
RCTC’s Family and Medical Leave Policy, Section 18.)
B. If the employee is not eligible for continued paid coverage or if coverage ceases
after four (4) months, the employee may continue group health insurance coverage
pursuant to federal and state COBRA guidelines.
§19.15 California Family and Medical Leave
The right to take a pregnancy disability is separate and distinct from the right to take family and
medical leave under the CFRA. Thus, at the end of the employee’s period(s) of pregnancy
disability, or at the end of four (4) months pregnancy disability leave, whichever occurs first, an
eligible employee may request to take up to twelve (12) workweeks of CFRA leave in accordance
with RCTC’s family and medical leave policy.
A. There is no requirement that either the employee or her child have a serious health
condition or that the employee no longer be disabled by her pregnancy before
taking CFRA leave for the birth of a child.
B. Where the employee has used all four (4) months of her pregnancy disability leave
prior to the birth of her child, and her health care provider determines that a
continuation of the leave is medically necessary, RCTC may, but is not required to,
allow the use of CFRA leave prior to the birth of a child.
C. The maximum possible combined leave for pregnancy disability/FMLA and CFRA
leave due to the birth of a child is four (4) months and twelve (12) workweeks.
D. CFRA leave taken due to the birth of the employee’s child must be concluded within
one (1) year of the child’s birth. The basic minimum duration of such leave shall be
two (2) weeks, except that RCTC will grant a CFRA leave of less than two (2) weeks’
duration on any two (2) occasions within one (1) year of the child’s birth.
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RESOLUTION NO. 15-019
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AMENDING ITS PERSONNEL POLICIES AND PROCEDURES MANUAL
WHEREAS, the Commission has previously adopted the Personnel Policies and
Procedures Manual establishing the terms and conditions of employment with the
Commission; and
WHEREAS, the Commission wishes to update its Personnel Policies and
Procedures Manual;
NOW, THEREFORE, be it resolved by the Riverside County Transportation
Commission as follows;
Section 1. The previously adopted Personnel Policies and Procedures Manual of the
Commission approved and adopted on October 9, 2013, is hereby repealed and the
Personnel Policies and Procedures Manual dated September 9, 2015 is hereby amended
for the revisions of Section §3.8 “Exempt Classification Titles,” Section §4.6 “Retirement
Program,” and Section §5.1.1 “Minimum Paid Sick Leave Policy for Non-Benefited,
Temporary Employees”, set forth in Attachment “A”, attached hereto and incorporated
herein.
Section 2. This resolution shall take place immediately upon its adoption.
APPROVED AND ADOPTED this 9th day of September, 2015.
Daryl R. Busch, Chair
Riverside County Transportation Commission
ATTEST:
Jennifer Harmon, Clerk of the Board
Riverside County Transportation Commission
ATTACHMENT 2
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A GENDA ITEM 6
Agenda Item 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 9, 2015
TO: Executive Committee
FROM: Beth Gutierrez, Human Resources Administrator
THROUGH: Anne Mayer, Executive Director
SUBJECT: Title Change to Current Position Classification
STAFF RECOMMENDATION:
This item is for the Committee to:
1)Change the established classification title of Accounting Supervisor on range 33 ($5,716
–$7,716 per month) to Accountant (General Accounting); and
2)Approve the revised organization chart.
BACKGROUND INFORMATION:
As a result of a recent and unexpected staff member retirement, the Finance Department
management reevaluated the existing responsibilities under the Accounting Supervisor position
and determined the supervisory responsibilities will be directly managed by the Deputy
Director of Finance. Accordingly, this requires a title change from Accounting Supervisor to
Accountant. This change provides the Finance Department with the ability to reorganize the
flow of responsibilities within the department and in preparation of toll operations.
This title change does not have a fiscal impact and will continue to be in the same salary range.
Attachments:
1)Accountant (General Accounting) Job Description
2)Organization Chart
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ACCOUNTANT – GENERAL ACCOUNTING
DEFINITION
Under general direction, plans and participates in the daily operations and activities of a variety of accounting
functions, including performing complex and technical accounting, financial reporting, payroll, accounts
payable, cash receipts, and budget; assists in the implementation of internal control procedures and ensures
accounting standards are met; coordinates and provides support for the annual audit; and performs related
work as required.
SUPERVISION RECEIVED
Receives general supervision from the Deputy Director of Finance and exercises no supervision of staff.
CLASS CHARACTERISTICS
This is a journey‐level professional accounting classification. The incumbent oversees day‐to‐day accounting
processing, reporting, and record keeping activities and is responsible for providing technical accounting
support to the Deputy Director of Finance in a variety of areas. Responsibilities include oversight of the
accounts payable, payroll, and general ledger, processing function, in addition to reconciliation and financial
report preparation activities. This class is distinguished from the Deputy Director of Finance in that the latter
has full management authority in planning, organizing, and directing the full scope of professional accounting
and finance operations within the department.
EXAMPLES OF TYPICAL JOB 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.
Plans, organizes, and reviews the work of technical accounting and office support staff in the Finance
Department; trains staff in work procedures; provides policy guidance and interpretation to staff;
Monitors activities of the assigned work unit; recommends improvements and modifications and prepares
various reports on operations and activities, including workload and workflow statistics.
Participates in the annual budget preparation; prepares detailed cost estimates with appropriate
justification, as required; maintains a variety of records and prepares routine reports of work performance.
Coordinates the work of employees responsible for accounts payable, cash receipts, general ledger, payroll
processing, Form 1099 processing; maintains internal control procedures and ensures that accounting
standards are met.
ATTACHMENT 1
108
Accountant – General Accounting
Page 2 of 4
Participates in the reconciliation and maintenance of the general ledger and subsidiary ledgers to a variety
of source documents and forms; reviews and approves a wide variety of journal entries.
Provides support for the annual budget preparation including preparing budget adjustments and
monitoring budget lines for overages; resolves variances and issues with appropriate department and
staff.
Supports the preliminary and annual audit by coordinating staff resources and providing information and
answers to the auditors; prepares and reviews audit entries and schedules; provides assistance to the
Deputy Director of Finance and Chief Financial Officer.
Prepares and maintains a variety of financial records and reports related to the general ledger; performs
complex reconciliations and analyses; posts information for assigned accounting activities to the general
ledger.
Maintains the operations of assigned modules on the Enterprise Resource Planning (ERP) System;
responds to end user ERP problems; provides technical support to end users by investigating and
troubleshooting ERP problems with the information technology consultant and/or software vendor for
resolution.
Researches and responds to inquiries and requests in support of senior management staff; prepares and
presents reports and other correspondence to staff as necessary.
Attends and participates in professional group meetings; stays abreast of new trends and innovations in
the field of public agency finance and accounting; researches emerging products and enhancements and
their applicability to RCTC needs.
Receives, investigates, and responds to difficult and sensitive problems and complaints in a professional
manner; identifies and reports findings and takes necessary corrective action.
Performs other duties as assigned.
QUALIFICATIONS
Knowledge of:
Principles, practices, and methods of public and governmental accounting, finance, and auditing, including
general ledger, cash and investments, accounts payable, accounts receivable, payroll, and fund and cost
accounting and their application to public agency operations.
Generally Accepted Accounting Principles and Governmental Accounting Standards Board Statements for
public sector accounting.
Accounting source documents including budgets, contracts, expenditures, encumbrances, revenues,
special ledger, general ledger, project cost, cash and investments, fixed assets and related accounting
procedures.
Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to public
agency financial operations.
Principles and practices of business organization and public administration.
Record keeping principles and procedures.
Modern office practices, methods, and computer equipment and applications related to work, including
word processing and spreadsheet software.
English usage, grammar, spelling, vocabulary, and punctuation.
Techniques for providing a high level of customer service by effectively dealing with the public, vendors,
contractors, RCTC staff and staff of member agencies in person and over the telephone.
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Accountant – General Accounting
Page 3 of 4
Ability to:
Assist in developing and implementing goals, objectives, practices, policies, procedures, and work
standards.
Plan, organize, administer, coordinate, review, evaluate, and personally participate in comprehensive
accounting functions.
Prepare and maintain clear and accurate financial reports, correspondence, policies, procedures, and other
written materials.
Analyze complex accounting and/or fiscal issues and recommend resolutions.
Verify the accuracy of financial data and information.
Interpret, apply, explain, and ensure compliance with applicable federal, state, and local policies,
procedures, laws, and regulations.
Establish and maintain a variety of filing, record keeping, and tracking systems.
Organize 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.
Enter and retrieve data from a computer with sufficient speed and accuracy to perform assigned work.
Operate modern office equipment including computer equipment and specialized software applications
programs.
Use English effectively to communicate in person, over the telephone, and in writing.
Use tact, initiative, and prudence within general policy, procedural, and legal guidelines.
Establish, maintain, and foster positive and effective working relationships with those 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:
Equivalent to graduation from an accredited four‐year college or university with major coursework in
accounting, finance, business or public administration, or a closely related field and three (3) years of
responsible professional accounting experience, preferably in the public sector. Additional experience can
substitute for the required education on a year‐for‐year basis.
Licenses and Certifications:
Possession of, or ability to obtain, a valid California Drivers’ License by time of appointment.
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 and over the telephone. This is primarily a sedentary office classification although standing in 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 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 up to 25
pounds.
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Accountant – General Accounting
Page 4 of 4
ENVIRONMENTAL ELEMENTS
This is primarily a sedentary classification and the employee works in an office environment with moderate
noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. The
employee interfaces with staff, management, other departmental representatives, transportation and
government officials, business representatives, and the general public in explaining RCTC policies and
requesting and providing information.
EFFECTIVE: May 2013
REVISED: 9/1/15
FLSA: Administrative Exempt
PAY RANGE: (33) $5,716 ‐ $7,716 per month
111
Board of Commissioners Executive Director Deputy Executive Director Goods Movement Manager Government Relations Manager Human Resources Administrator Legal Counsel Rail ManagerClerk of the Board Deputy Director of Finance Capital Projects Manager (5) Procurement Manager Toll Projects Manager (2) Project DeliveryDirector Multimodal Services Director Planning &Programming Director Chief Financial Officer Toll Program Director Deputy Clerk of the Board Administrative Assistant Sr. Office Assistant Public Affairs Manager Planning & Programming Manager Sr. Management Analyst Management Analyst Procurement Analyst Accountant (Accounting) Accountant (Finance) Accounting Technician (2) Accounting Assistant Management Analyst Transit ManagerManagement Analyst Commuter & Motorist Assistance ManagerManagement Analyst Management Analyst Sr. Management Analyst (2) Right of Way Manager Facilities Administrator Toll Operations Manager Toll Technology ManagerSr. Management AnalystFY 2015/16 Records Technician Senior Administrative AssistantAttachment 2112
AGENDA ITEM 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: September 9, 2015
TO: Executive Committee
FROM: John Standiford, Deputy Executive Director
Jennifer Harmon, Clerk of the Board
THROUGH: Anne Mayer, Executive Director
SUBJECT: Live Streaming and Recording of Commission and Committee Meetings
STAFF RECOMMENDATION:
This item is for the Committee to:
1)Authorize staff to live stream and record the Commission and Committee meetings
utilizing Microsoft Azure Media Services (MAMS) in the amount of $350 per month; and
2)Retain the recordings in accordance with the Commission’s Records Retention Schedule.
BACKGROUND INFORMATION:
At its July 15, 2015 meeting, the Riverside County Board of Supervisors approved an action to
offer agencies that utilize the County Administrative Center Board Room to make their
meetings available online to the public as part of their agreement to use the chambers. The
goal is to improve transparency and make it easier for residents of Riverside County to be
aware of government decisions and discussions by increasing access to public meetings of
government agencies and commissions.
DISCUSSION:
Staff outlined the following requirements for a quality-content delivery solution that can also
be built upon for future needs:
•Provide a very secure and inexpensive approach to delivering Live Stream or recordings,
referred to as Video On Demand (VOD), of Committee/Commission meeting content
through the Commission’s website;
•Ensure there is no latency when viewing either Live Streaming or VOD content;
•Set up and ongoing usage of content delivery that is intuitive and user friendly;
•Presentation of content and the overall solution that is a professional reflection of the
Commission; and
•Ensure videos can be viewed on multiple device platforms such as Apple and Android.
Agenda Item 7
113
Advantages of Using Microsoft Azure Media Services
Staff and the Commission’s information technology consultant, Novanis, reviewed a number of
solutions to satisfy the outlined requirements as well as discussing the matter with Riverside
County staff. It was determined MAMS was the best solution for the Commission as it provides
the following key benefits:
•Ownership of the content remains with the Commission even though that content
would be stored in the Microsoft Cloud, which is not the case with YouTube.
•The Commission is in total control of uploading, managing, encoding, and streaming its
media to a variety of devices on a cloud scale, which is also not the case with YouTube.
•MAMS can be customized to secure and encrypt the content to protect against copying
or otherwise unauthorized distribution and use of the video files.
•MAMS uses “progressive download”, causing the actual user experience to appear
faster and more efficient. Users can for example jump back and forth in a long video file
without buffer-time.
•Because the service is cloud-based, it scales up automatically during heavy traffic loads
and can store almost an unlimited amount of data.
•There is no long term contract required to set up the Commission’s content services in
the Microsoft Cloud. Service is on a month to month basis, and the Commission can
terminate at any time.
•As content is recorded during a meeting, it is sent to an encoder that prepares the
content for retransmission and subsequent delivery either as Live Stream or VOD for
viewing on multiple platforms.
Cost of Solution
MAMS follows the same cloud model as other Microsoft services in the cloud in that the
services are treated like a utility whereby the customer only pays for what it uses. There are
certain factors that Microsoft utilizes when determining the monthly cost as follows:
•Size of the media asset;
•Response Time for Encoding (how long between the time MAMS receives the video
stream from the source and it is encoded and ready for on line viewing); and
•Capacity (number of users who may view contents simultaneously).
Microsoft has a calculator that allowed staff to prepare a rough cost estimate between $250 -
$350 per month. MAMS is set up to automatically scale up to satisfy higher demands much like
any utility company, and as more resources are allocated the monthly billing is increased.
Agenda Item 7
114
Records Retention Schedule
In accordance with the Commission’s Records Retention Schedule and state law regarding video
recordings of meetings of legislative bodies (Government Code Section 54953.5), staff
recommends posting the recording of each meeting for 30 days.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2015/16 Amount: $3,150
Source of Funds: Measure A, Local Transportation Fund,
TUMF, and Motorist Assistance Budget Adjustment: No
GL/Project Accounting No.: 001001-65520-00000-0001/101-12-65520
Fiscal Procedures Approved: Date: 09/02/2015
Agenda Item 7
115