HomeMy WebLinkAbout05-16-12 FA&C Committee Packet 1
OTAY WATER DISTRICT
FINANCE, ADMINISTRATION AND COMMUNICATIONS
COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CALIFORNIA
BOARDROOM
WEDNESDAY
May 16, 2012
12:00 P.M.
This is a District Committee meeting. This meeting is being posted as a special meeting
in order to comply with the Brown Act (Government Code Section §54954.2) in the event that
a quorum of the Board is present. Items will be deliberated, however, no formal board actions
will be taken at this meeting. The committee makes recommendations
to the full board for its consideration and formal action.
AGENDA
1. ROLL CALL
2. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC
TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE
BOARD'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA
DISCUSSION ITEMS
3. UPDATE REPORT ON DIRECTOR’S EXPENSES FOR THE 3RD QUARTER OF
FISCAL YEAR 2012 (PRENDERGAST) [5 minutes]
4. APPROVE A 5-YEAR AGREEMENT (THREE [3] YEARS WITH TWO [2]
ADDITIONAL YEARS AT THE DISTRICT’S OPTION) WITH ALLIANT
INSURANCE SERVICES, INC. FOR BENEFIT CONSULTING AND BROKER
SERVICES AND IDENTIFYING ALLIANT AS THE DISTRICT’S BROKER OF
RECORD IN AN AMOUNT NOT-TO-EXCEED $135,000 (WILLIAMSON) [5
minutes]
5. ADOPT RESOLUTION NO. 4197 REVISING AND UPDATING BOARD OF
DIRECTORS POLICY NO. 22, DRUG FREE WORKPLACE POLICY AND
PROCEDURE; AND HUMAN RESOURCES POLICY, FAMILY AND MEDICAL
LEAVE ACT , PREGNANCY DISABILITY LEAVE, AND KIN CARE LEAVE
(WILLIAMSON) [5 minutes]
6. ADJOURNMENT
2
BOARD MEMBERS ATTENDING:
David Gonzalez, Chair
Jose Lopez
All items appearing on this agenda, whether or not expressly listed for action, may be
deliberated and may be subject to action by the Board.
The Agenda, and any attachments containing written information, are available at the
District’s website at www.otaywater.gov. Written changes to any items to be considered
at the open meeting, or to any attachments, will be posted on the District’s website.
Copies of the Agenda and all attachments are also available through the District Secre-
tary by contacting her at (619) 670-2280.
If you have any disability which would require accommodation in order to enable you to
participate in this meeting, please call the District Secretary at 670-2280 at least 24
hours prior to the meeting.
Certification of Posting
I certify that on May 11, 2012 I posted a copy of the foregoing agenda near the
regular meeting place of the Board of Directors of Otay Water District, said time being at
least 24 hours in advance of the meeting of the Board of Directors (Government Code
Section §54954.2).
Executed at Spring Valley, California on May 11, 2012.
______/s/_ Susan Cruz, District Secretary _____
STAFF REPORT
TYPE MEETING: Regular Board
MEETING DATE: June 6, 2012
SUBMITTED BY:
Sean Prendergast, Payroll/AP
Supervisor
PROJECT: DIV. NO. All
APPROVED BY:
Joseph R. Beachem, Chief Financial Officer
German Alvarez, Assistant General Manager Finance and
Administration
Mark Watton, General Manager
SUBJECT: Director’s Expenses for the 3rd Quarter of Fiscal Year 2012
GENERAL MANAGER’S RECOMMENDATION:
This is an informational item only.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To inform the Board of the Director’s expenses for the 3rd quarter of
Fiscal Year 2012.
ANALYSIS:
The Director’s expense information is being presented in order to
comply with State law. (See Attachment B for Summary and C-H for
Details.)
FISCAL IMPACT:
None.
AGENDA ITEM 3
2
STRATEGIC GOAL:
Prudently manage District funds.
LEGAL IMPACT:
Compliance with State law.
Attachments: Attachment A Committee Action
Attachment B Director’s Expenses and per Diems
Attachment C-H Director’s Expenses Detail
ATTACHMENT A
SUBJECT/PROJECT:
Director’s Expenses for the 3rd Quarter of Fiscal Year 2012
COMMITTEE ACTION:
This is an informational item only.
NOTE:
The “Committee Action” is written in anticipation of the Committee
moving the item forward for board approval. This report will be sent
to the Board as a committee approved item, or modified to reflect any
discussion or changes as directed from the committee prior to
presentation to the full board.
BOARD OF DIRECTORS’
EXPENSES AND PER-DIEMS
FINANCE, ADMINISTRATION AND COMMUNICATIONS COMMITTEE MEETING
MAY 16, 2012
ATTACHMENT B
Policy 8 requires that staff present the Expenses and
Per-Diems for the Board of Directors on a Quarterly
basis:
•Fiscal Year 2012, 3rd Quarter.
•The expenses are shown in detail by Board
member, month and expense type.
•This presentation is in alphabetical order.
•This information was presented to the Finance,
Administration, and Communications Committee
on May 16, 2012.
Board of Directors’ Expenses and Per-Diems
Fiscal Year 2012 Quarter 3 (Jan 2012- Mar 2012)
Director Bonilla $0.00
Director Croucher $800.00
Director Gonzalez $200.00
Director Lopez $2,725.84
Director Robak $527.75
Total $4,253.59
Director Bonilla
Fiscal Year 2012 Quarter 3
Jan 2012 Feb 2012 Mar 2012
Business Meetings 0.00 0.00 0.00
Director’s Fees 0.00 0.00 0.00
Mileage Business 0.00 0.00 0.00
Mileage Commuting 0.00 0.00 0.00
Seminars and Travel 0.00 0.00 0.00
Monthly Totals 0.00 0.00 0.00
Quarterly Total $0.00
Fiscal Year-to-Date 2011 (Jul 2011-Jun2012) $0.00
Director Bonilla does not request per diem reimbursements
Meetings Attended
Meetings Paid
Director Croucher
Fiscal Year 2012 Quarter 3
Jan 2012 Feb 2012 Mar 2012
Business Meetings 0.00 0.00 0.00
Director’s Fees 200.00 200.00 400.00
Mileage Business 0.00 0.00 0.00
Seminars 0.00 0.00 0.00
Travel 0.00 0.00 0.00
Monthly Totals 200.00 200.00 400.00
Quarterly Total $800.00
Fiscal Year-to-Date 2011 (Jul 2011-Jun 2012) $1,800.00
Director Croucher serves on all
District Committees (6)
Meetings Attended 2 2 4
Meetings Paid 2 2 4
Director Gonzalez
Fiscal Year 2012 Quarter 3
Jan 2012 Feb 2012 Mar 2012
Business Meetings 0.00 0.00 0.00
Director’s Fees 200.00 0.00 0.00
Mileage Business 0.00 0.00 0.00
Seminars 0.00 0.00 0.00
Travel 0.00 0.00 0.00
Monthly Totals 200.00 0.00 0.00
Quarterly Total $200.00
Fiscal Year-to-Date 2011 (Jul 2011-Jun2012) $3,355.45
Meetings Attended 2
Meetings Paid 2
Director Lopez
Fiscal Year 2012 Quarter 3
Jan 2012 Feb 2012 Mar 2012
Business Meetings 0.00 25.00 120.00
Director’s Fees 700.00 700.00 900.00
Mileage Business 31.08 46.07 91.58
Mileage Commuting 33.30 33.30 45.51
Seminars and Travel 0.00 0.00 0.00
Monthly Totals 764.38 804.37 1,157.09
Quarterly Total $2,725.84
Fiscal Year-to-Date 2011 (Jul 2011-Jun 2012) $5,073.36
Meetings Attended 8 12 11
Meetings Paid 7 7 9
Director Robak
Fiscal Year 2012 Quarter 3
Jan 2012 Feb 2012 Mar 2012
Business Meetings 0.00 0.00 0.00
Director’s Fees 100.00 100.00 300.00
Mileage Business 3.33 3.33 9.99
Mileage Commuting 2.22 2.22 6.66
Seminars and Travel 0.00 0.00 0.00
Monthly Totals 105.55 105.55 316.65
Quarterly Total $527.75
Fiscal Year-to-Date 2011 (Jul 2011-Jun2012) $1,013.63
Meetings Attended 1 3 4
Meetings Paid 1 1 3
Board of Directors’ Expenses and Per Diems
Fiscal Year 2012 to Date (Jul 2011- Mar 2012)
Director Bonilla $0.00
Director Croucher $1,800.00
Director Gonzalez $3,355.45
Director Lopez $5,073.36
Director Robak $1,013.63
Total $11,242.44
Board of Directors’ Expenses and Per Diems
Fiscal Year 2012 Projected (Jul 2011-Jun 2012)
Director Bonilla $00.00
Director Croucher $2,400.00
Director Gonzalez $4,474.00
Director Lopez $6,764.00
Director Robak $1,352.00
Total $14,990.00
Based on nine months of actuals
ATTACHMENT C
Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 Jun-12 Total
1 2 3 4 5 6 7 8 9 10 11 12
JAIME BONILLA (DETAILED IN SECTION D):
5214 Business meetings -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $0.00
5281 Director's fees - - - - - - - - - - - - -
5211 Mileage - Business - - - - - - - - - - - - -
5211 Mileage - Commuting - - - - - - - - - - - - -
5213 Seminars and conferences - - - - - - - - - - - - -
5212 Travel - - - - - - - - - - - - -
Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $0.00
GARY D. CROUCHER (DETAILED IN SECTION E):
5214 Business meetings -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
5281 Director's fees 300.00 - - 300.00 400.00 - 200.00 200.00 400.00 - - - 1,800.00
5211 Mileage - Business - - - - - - - - - - - - -
5211 Mileage - Commuting - - - - - - - - - - - - -
5213 Seminars and conferences - - - - - - - - - - - - -
5212 Travel - - - - - - - - - - - - -
Total 300.00$ -$ -$ 300.00$ 400.00$ -$ 200.00$ 200.00$ 400.00$ -$ -$ -$ 1,800.00$
DAVID GONZALEZ (DETAILED IN SECTION F):
5214 Business meetings -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
5281 Director's fees 200.00 - 600.00 - 500.00 100.00 200.00 - - - - - 1,600.00
5211 Mileage - Business - - - - - - - - - - - - -
5211 Mileage - Commuting - - - - - - - - - - - - -
5213 Seminars and conferences - - 780.00 - - - - - - - - - 780.00
5212 Travel - - 975.45 - - - - - - - - - 975.45
Total 200.00$ -$ 2,355.45$ -$ 500.00$ 100.00$ 200.00$ -$ -$ -$ -$ -$ 3,355.45$
JOSE LOPEZ (DETAILED IN SECTION G):
5214 Business meetings -$ -$ -$ -$ -$ -$ -$ 25.00$ 120.00$ -$ -$ -$ 145.00$
5281 Director's fees 400.00 300.00 700.00 300.00 300.00 100.00 700.00 700.00 900.00 - - - 4,400.00
5211 Mileage - Business 22.20 - 13.32 5.55 - 14.43 31.08 46.07 91.58 - - - 224.22
5211 Mileage - Commuting 33.30 33.30 58.83 33.30 33.30 - 33.30 33.30 45.51 - - - 304.14
5213 Seminars and conferences - - - - - - - - - - - - -
5212 Travel - - - - - - - - - - - - -
Total 455.50$ 333.30$ 772.15$ 338.85$ 333.30$ 114.43$ 764.38$ 804.37$ 1,157.09$ -$ -$ -$ 5,073.36$
MARK ROBAK (DETAILED IN SECTION H):
5214 Business meetings -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
5281 Director's fees 100.00 - 200.00 100.00 - - 100.00 100.00 300.00 - - - 900.00
5211 Mileage - Business 3.33 - 16.65 3.33 - - 3.33 3.33 9.99 - - - 39.96
5211 Mileage - Commuting 2.22 - 2.22 2.22 - - 2.22 2.22 6.66 - - - 17.76
5213 Seminars and conferences - 35.00 - 20.91 - - - - - - - - 55.91
5212 Travel - - - - - - - - - - - - -
Total 105.55$ 35.00$ 218.87$ 126.46$ -$ -$ 105.55$ 105.55$ 316.65$ -$ -$ -$ 1,013.63$
TOTALS:
5214 Business meetings -$ -$ -$ -$ -$ -$ -$ 25.00$ 120.00$ -$ -$ -$ 145.00$
5281 Director's fees 1,000.00 300.00 1,500.00 700.00 1,200.00 200.00 1,200.00 1,000.00 1,600.00 - - - 8,700.00
5211 Mileage - Business 25.53 - 29.97 8.88 - 14.43 34.41 49.40 101.57 - - - 264.18
5211 Mileage - Commuting 35.52 33.30 61.05 35.52 33.30 - 35.52 35.52 52.17 - - - 321.90
5213 Seminars and conferences - 35.00 780.00 20.91 - - - - - - - - 835.91
5212 Travel - - 975.45 - - - - - - - - - 975.45
Total 1,061.05$ 368.30$ 3,346.47$ 765.31$ 1,233.30$ 214.43$ 1,269.93$ 1,109.92$ 1,873.74$ -$ -$ -$ 11,242.44$
July 1, 2011 - March 31, 2012
OTAY WATER DISTRICT
ADMINISTRATIVE EXPENSES - BOARD
OTAY WATER DISTRICT
SUMMARY - BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2011 THROUGH MARCH 31, 2012
DIRECTOR'S NAME:BONILLA, JAIME ATTACHMENT D
SECTION D
Account Name Date Descriptions Amount
0 (blank)MR. BONILLA DOES NOT REQUEST PER DIEM
REIMBURSEMENTS
$0.00
(blank) Total $0.00
0 Total -
Grand Total -$
Mar 12/Bonilla J Page 2 of Pages 8 Printed Date:
5/9/20121:17 PM
OTAY WATER DISTRICT
SUMMARY - BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2011 THROUGH MARCH 31, 2012
DIRECTOR'S NAME: CROUCHER, GARY
Account Name Date Descriptions Amount
Director's Fee 7/5/2011 AD HOC COMMITTEE MEETING - HEALTH BENEFITS
NEGOTIATIONS
100.00$
7/15/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
7/19/2011 FINANCE COMMITTEE MEETING 100.00
10/19/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
10/21/2011 LAFCO SPECIAL DISTRICTS ADVISORY COMMITTEE 100.00
10/31/2011 LEGAL AD HOC COMMITTEE 100.00
11/8/2011 LEGAL AD HOC COMMITTEE 100.00
11/16/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00
11/28/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
11/30/2011 SPECIAL BOARD OF DIRECTORS MEETING 100.00
1/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00
1/24/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
2/1/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00
2/16/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
3/7/2012 OTAY BOARD OF DIRECTORS MEETING 100.00
3/14/2012 BOARD ETHICS TRAINING 700 FORM REVIEW 100.00
3/19/2012 FUTURE WATER RATES/USAGE AND ECONOMY
PREDICTIONS
100.00
3/21/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
Director's Fee Total 1,800.00
Grand Total 1,800.00$
ATTACHMENT E
SECTION E
Mar 12/Croucher Page 3 of Pages 8
Printed Date:
5/9/20121:17 PM
OTAY WATER DISTRICT
SUMMARY - BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2011 THROUGH MARCH 31, 2012
DIRECTOR'S NAME:GONZALEZ, DAVID
Account Name Date Descriptions Amount
Director's Fee 7/15/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00$
7/19/2011 FINANCE COMMITTEE MEETING 100.00
9/7/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
9/8/2011 SPECIAL DISTRICT INSTITUTE 100.00
9/9/2011 SPECIAL DISTRICT INSTITUTE 100.00
9/10/2011 SPECIAL DISTRICT INSTITUTE 100.00
9/19/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00
9/29/2011 METRO COMMISSION BRIEFING MEETING 100.00
11/2/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
11/3/2011 METRO COMMISSION BRIEFING MEETING 100.00
11/7/2011 PADRE DAM MWD CEREMONY 100.00
11/16/2011 FINANCE COMMITTEE MEETING 100.00
11/30/2011 SPECIAL BOARD OF DIRECTORS MEETING 100.00
12/6/2011 SOUTH COUNTY ECONOMIC DEVELOPMENT 100.00
1/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00
1/18/2012 FINANCE & ADMINISTRATIVE COMMITTEE MEETING 100.00
Director's Fee Total 1,600.00
Registration Fee 9/10/2011 REGISTRATION FEE - SPECIAL DISTRICT AND LOCAL
GOVERNMENT INSTITUTE SEPTEMBER 8-10, 2011
780.00
Travel 9/31/2011 LODGING FEE - ATTENDED THE SPECIAL DISTRICTS & LOCAL
GOV'T INSTITUTE FINANCE SEMINAR SEPT. 7-9, 2011
577.65
9/7/2011 AIRFARE FEE TO ATTEND THE SPECIAL DISTRICTS & LOCAL
GOV'T INSTITUTE FINANCE SEMINAR
397.80
Travel Total 975.45
Grand Total 3,355.45$
ATTACHMENT F
SECTION F
Mar 12/Gonzalez Page 4 of Pages 8
Printed Date:
5/9/20121:17 PM
OTAY WATER DISTRICT
SUMMARY - BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2011 THROUGH MARCH 31, 2012
DIRECTOR'S NAME:LOPEZ, JOSE
Account Name Date Descriptions Amount
Mileage - Business 7/31/2011 MEETING - JULY 11, 2011 22.20$
9/30/2011 MEETING - SEPTEMBER 9 & 15, 2011 13.32
10/31/2011 MEETING -OCTOBER 11, 2011 5.55
12/14/2011 MEETING - DECEMBER 14, 2011 14.43
1/31/2012 MEETING - JANUARY 12, 20 & 27, 2012 31.08
2/29/2012 MEETING - FEBRUARY 9, 24, 25 & 26, 2012 46.07
3/31/2012 MEETING - MARCH 6, 12, 16, 20 & 29, 2012 91.58
Mileage - Business Total 224.22
Mileage - Commuting 7/31/2011 MEETING - JULY 5, 12, & 15, 2011 33.30
8/31/2011 MEETING - AUGUST 4, 10, & 18, 2011 33.30
9/30/2011 MEETING - SEPTEMBER 7, 14, 19, 28, & 29, 2011 58.83
10/31/2011 MEETING -OCTOBER 5 & 19 2011 33.30
11/30/2011 MEETING - NOVEMBER 2, 28, & 30, 2011 33.30
1/31/2012 MEETING - JANUARY 14, 18 & 24, 2012 33.30
2/29/2012 MEETING - FEBRUARY 1, 16 & 21, 2012 33.30
3/31/2012 MEETING - MARCH 7, 14, 19 & 21, 2012 45.51
Mileage - Commuting Total 304.14
Director's Fee 7/5/2011 AD HOC COMMITTEE MEETING - HEALTH BENEFITS
NEGOTIATIONS
100.00
7/11/2011 DESAL PLANT WITH ROSARITO MAYOR 100.00
7/12/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
7/15/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
8/4/2011 AD HOC COMMITTEE MEETING - HEALTH BENEFITS
NEGOTIATIONS
100.00
8/10/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
8/18/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
9/7/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
9/9/2011 MEETING WITH STAR NEWS EDITOR CARLOS DAVALOS 100.00
9/14/2011 WATER CONSERVATION GARDEN COMMITTEE MEETING 100.00
9/15/2011 MEETING WITH CHULA VISTA COUNCIL WOMAN PAT AGUILAR 100.00
9/19/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00
ATTACHMENT G
SECTION G
Mar 12/Lopez Page 5 of Pages 8
Printed Date:
5/9/20121:17 PM
OTAY WATER DISTRICT
SUMMARY - BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2011 THROUGH MARCH 31, 2012
DIRECTOR'S NAME:LOPEZ, JOSE
Account Name Date Descriptions Amount
ATTACHMENT G
SECTION G
Director's Fee 9/28/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
9/29/2011 METRO COMMISSION BRIEFING MEETING 100.00
10/5/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
10/11/2011 CITY COUNCIL MEETING - GREEN BUSINESS RECOGNITION
AWARD
100.00
10/19/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
11/2/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
11/28/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
11/30/2011 SPECIAL BOARD OF DIRECTORS MEETING 100.00
12/14/2011 WATER CONSERVATION GARDEN COMMITTEE MEETING 100.00
1/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00
1/12/2012 GENERAL MANAGER MEETING 100.00
1/17/2012 METRO COMMISSION WITH OTAY STAFF 100.00
1/18/2012 FINANCE & ADMINISTRATIVE COMMITTEE MEETING 100.00
1/20/2012 MEETING WITH STATE SENATOR JOEL ANDERSON AND GENERAL
MANAGER OF OTAY
100.00
1/24/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
1/27/2012 AGENDA BRIEFING WITH GENERAL MANAGER AND COUNSEL 100.00
2/1/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00
2/9/2012 UNION TRIBUNE MEETING WITH MR. JOHN LYNCH 100.00
2/16/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
2/21/2012 SPECIAL BOARD OF DIRECTORS MEETING 100.00
2/24/2012 AGENDA BRIEFING WITH GENERAL MANAGER AND COUNSEL 100.00
2/25/2012 HOOVER DAM TOUR - METROPOLITAN WATER 100.00
2/26/2012 PARKER DAM AND COLORADO RIVER TOUR - METROPOLITAN 100.00
Mar 12/Lopez Page 6 of Pages 8
Printed Date:
5/9/20121:17 PM
OTAY WATER DISTRICT
SUMMARY - BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2011 THROUGH MARCH 31, 2012
DIRECTOR'S NAME:LOPEZ, JOSE
Account Name Date Descriptions Amount
ATTACHMENT G
SECTION G
Director's Fee 3/6/2012 METROPOLITAN WATER DISTRICTS FINANCE MEETING 100.00
3/7/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00
3/12/2012 BUS TRIP FROM CWA TO (LA) METRO WATER DISTRICTS MEETING 100.00
3/14/2012 WATER CONSERVATION GARDEN COMMITTEE MEETING 100.00
3/16/2012 GENERAL MANAGER MEETING - COMMITTEE AGENDA ITEMS 100.00
3/19/2012 BOARD BUDGET WORKSHOP 100.00
3/20/2012 COUNCIL ON WATER UTILITIES MEETING 100.00
3/21/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
3/29/2012 GENERAL MANAGER AND COUNSEL - AGENDA BREIFING 100.00
Director's Fee Total 4,400.00
Business meetings 2/21/2012 COUNCIL ON WATER UTILITIES MEETING 25.00
3/5/2012 SAN YSIDRO CHAMBER OF COMMERCE 95.00
3/20/2012 COUNCIL ON WATER UTILITIES MEETING 25.00
Business meetings Total 145.00
Grand Total 5,073.36$
Mar 12/Lopez Page 7 of Pages 8
Printed Date:
5/9/20121:17 PM
OTAY WATER DISTRICT
SUMMARY - BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2011 THROUGH MARCH 31, 2012
DIRECTOR'S NAME:ROBAK, MARK
Account Name Date Descriptions Amount
Mileage - Business 7/15/2011 MEETING - JULY 15, 2011 3.33$
9/7/2011 MEETING - SEPTEMBER 2, & 7, 2011 16.65
10/5/2011 MEETING - OCTOBER 5, 2011 3.33
1/4/2012 MEETING - JANUARY 4, 2012 3.33
2/21/2012 MEETING - FEBRUARY 21, 2012 3.33
3/31/2012 MEETING - MARCH 7, 14, & 19, 2012 9.99
Mileage - Business Total 39.96
Mileage - Commuting 7/15/2011 MEETING - JULY 15, 2011 2.22
9/4/2011 MEETING - SEPTEMBER 4, 2011 2.22
10/5/2011 MEETING - OCTOBER 5, 2011 2.22
1/4/2012 MEETING - JANUARY 4, 2012 2.22
2/21/2012 MEETING - FEBRUARY 21, 2012 2.22
3/31/2012 MEETING - MARCH 7, 14, & 19, 2012 6.66
Mileage - Commuting Total 17.76
Director's Fee 7/15/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
9/2/2011 MEETING CHULA VISTA CHAMBER OF COMMERCE 100.00
9/7/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
10/5/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
1/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00
2/21/2012 SPECIAL BOARD OF DIRECTORS MEETING - DISCUSS SALT
CREEK GOLF COURSE
100.00
3/7/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00
3/14/2012 SPECIAL BOARD OF DIRECTORS MEETING - DISCUSS FORM
700
100.00
3/19/2012 SPECIAL BOARD OF DIRECTORS MEETING-DISCUSS SALES
FORECASTING
100.00
Director's Fee Total 900.00
Registration Fee 8/19/2011 REGISTRATION FEE - SAN DIEGO EAST CO. CHAMBER
WORKSHOP
35.00
10/26/2011 REGISTRATION FEE - EAST COUNTY ECONOMIC
DEVELOPMENT COUNCIL
20.91
Registration Fee Total 55.91
Grand Total 1,013.63$
ATTACHMENT H
SECTION H
Mar 12/Robak Page 8 of Pages 8
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5/9/20121:17 PM
STAFF REPORT
TYPE MEETING: Regular Board
MEETING DATE: June 6, 2012
SUBMITTED BY:
Kelli Williamson
Human Resources Manager
PROJECT: Various DIV. NO. ALL
APPROVED BY:
Rom Sarno, Chief, Administrative Services
German Alvarez, Assistant General Manager
Mark Watton, General Manager
SUBJECT: APPROVE THE SELECTION OF ALLIANT INSURANCE SERVICES, INC. FOR
BENEFIT CONSULTING SERVICES AND AS THE DISTRICT’S BROKER OF
RECORD
GENERAL MANAGER’S RECOMMENDATION:
That the Board authorize the General Manager to negotiate and enter
into a 5-year agreement (three [3] years with two [2] additional
years at the District’s option) with Alliant Insurance Services, Inc.
(Alliant) for benefit consulting and broker services and identifying
Alliant as the District’s Broker of Record in an amount not-to-exceed
$135,000.
COMMITTEE ACTION:
Please see “Attachment A”.
PURPOSE:
In 2008, the District issued a Request for Proposal (RFP) to several
Benefit Consultants interested in bidding for the District’s Benefit
Consulting and Brokerage Service. In August 2008, the Board approved
Willis Insurance Services of California (Willis) to become the
District’s Benefit Consultant and Broker of Record. The District and
Willis entered into a two (2) year agreement with up to three (3)
options to renew. The District is completing the fourth year of this
agreement. In an effort to continue with best practices and to
validate that the District is receiving the best available benefit
consulting services at a competitive price, the District solicited
bids once again for Benefit Consultants in February 2012. Since
AGENDA ITEM 4
2
negotiations will be occurring next year, the District began the RFP
process one (1) year ahead of schedule.
ANALYSIS:
The District uses Benefit Consultant services to perform a full range
of services related to the design, bidding, implementation,
maintenance, renewal, communication, and improvement of the
District’s group health, dental, life, long-term disability programs
and flexible benefits program.
The District sent an RFP to nine (9) reputable Benefit Consulting
firms and received responses from the following five (5) firms:
Benefits Consulting and
Brokerage Firms
Total Proposed Cost
(3 years with
2 option years)
Alliant Insurance Services $135,000
California Corporate Benefit
Insurance Services* $480,000
Pickering Insurance* $165,000
WSP Corporate Benefits &
Insurance Services* $165,000
Willis Insurance Services
of California $203,000
*pricing provided for three (3) years; assumed costs quoted
were the same for all five (5) years.
A four-person panel jointly reviewed and rated the proposals. The
proposal review included evaluation on the following topics:
Perceived ability of Consultant to negotiate a benefits program
that meets the needs of the District.
Consultant’s knowledge and/or technical support related to the
implementation of Online Benefits Open Enrollment.
Consultant’s and other assigned staff’s availability and
accessibility including the location of the office that will be
servicing our account.
Qualifications, background, and experience of Consultant and staff
and team composition.
Consultant’s ability to provide proactive support to the District’s
Human Resources function including dissemination of current general
and legal updates as well as time-sensitive insurance carrier
information.
3
Based on the overall evaluation which included a review and rating of
proposals, interviews, and reference checks, staff recommends
contracting with Alliant. While all consultants considered are
capable of providing the benefit consulting services requested, two
main factors were considered when making a final recommendation:
Alliant currently serves as the Benefits Consultant to the CSAC/SDRMA
Medical pool of which the District is a member and will potentially
enhance the communication regarding benefit-related topics, and
Alliant quoted the most competitive fee.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
The annual cost of the agreement is $27,000 and will not exceed
$135,000 over five (5) years. This change in Benefit Consultants is
expected to save the District approximately $13,600 annually with a
total savings of approximately $68,000 over the five (5) years of the
agreement, while maintaining the excellent quality of benefit
consulting services on an on-going basis. Funding for this
expenditure is provided through the operating budget and the FY13
budget, which includes $40,000.
STRATEGIC GOAL:
Provide enhanced value by directing and managing financial issues
that are critical to the District.
LEGAL IMPACT:
None.
Attachments: Attachment A – Committee Action Report
ATTACHMENT A
SUBJECT/PROJECT:
APPROVE THE SELECTION OF ALLIANT INSURANCE SERVICES FOR
BENEFIT CONSULTING SERVICES AND AS THE DISTRICT’S BROKER OF
RECORD
COMMITTEE ACTION:
The Finance, Administration, and Communications Committee met on May
16, 2012, to review this item. The Committee supported presentation
to the full Board.
NOTE:
The “Committee Action” is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent
to the Board as a committee approved item, or modified to reflect any
discussion or changes as directed from the committee prior to
presentation to the full Board.
STAFF REPORT
TYPE MEETING: Regular Board
MEETING DATE: June 6, 2012
SUBMITTED BY:
Kelli Williamson
Human Resources Manager
PROJECT: Various DIV. NO. ALL
APPROVED BY:
Rom Sarno, Chief, Administrative Services
German Alvarez, Assistant General Manager
Mark Watton, General Manager
SUBJECT: ADOPT RESOLUTION #4197 TO REVISE AND UPDATE DISTRICT BOARD
POLICY #22, DRUG FREE WORKPLACE POLICY AND PROCEDURE, AND THE
FAMILY AND MEDICAL LEAVE ACT, PREGNANCY DISABILITY LEAVE, AND
KIN CARE LEAVE HUMAN RESOURCES POLICY AND PROCEDURE
GENERAL MANAGER’S RECOMMENDATION:
That the Board adopt Resolution #4197 to revise and update the
following District Policies:
- Drug Free Workplace Policy and Procedure (Board Policy #22)
- Family and Medical Leave Act, Pregnancy Disability Leave, and
Kin Care Leave Policy (Human Resources Policy)
COMMITTEE ACTION:
Please see “Attachment A”.
PURPOSE:
To request that the Board adopt Resolution #4197 (Attachment B) and
approve revisions and updates to the following two (2) District
Policies: Drug Free Workplace Policy and Procedure (Board Policy
#22), and the Family and Medical Leave Act, Pregnancy Disability
Leave, and Kin Care Leave (Human Resources Policy).
ANALYSIS:
As a regular business process, the District periodically reviews
policies and procedures. This review includes ensuring that the
AGENDA ITEM 5
2
District is streamlining business processes, which is a focus of the
District’s Strategic Plan.
After consultation with General Counsel, District staff is
recommending revisions to the attached policies. These policies were
also reviewed with the OWD Employees’ Association. The Association
has agreed to the policies as presented. Updates deemed appropriate
at this time are detailed below and revisions are shown in the
attached strike-through versions of the policies (Attachments B1 and
B2).
Drug Free Workplace Board Policy and Procedure
Changes were made to incorporate appropriate language from the
existing Department of Transportation (DOT) Drug and Alcohol Policy
so that the Drug Free Workplace policy would be a stand-alone policy,
not needing to reference the DOT policy throughout. The definition
of Safety-Sensitive Duties was also expanded to include positions
that have access to sensitive/classified District information related
to safety or security duties.
Family and Medical Leave Act, Pregnancy Disability Leave, and Kin
Care Leave Human Resources Policy and Procedure
Revisions were made to incorporate new changes in the laws such as
Military Caregiver Leave and Military Exigency Leave, Kin Care,
health insurance continuation for employees on Pregnancy Disability
Leave, and any other necessary clarifying language.
Based on the above, it is requested that the Board of Directors adopt
Resolution #4197 in support of the proposed revisions and updates.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
None.
STRATEGIC GOAL:
Optimize the District’s Operating Efficiency.
LEGAL IMPACT:
None.
Attachments: Attachment A – Committee Action Report
Attachment B – Resolution #4197
Attachment B1 – Revisions to Drug Free Workplace
Policy and Procedure (Board Policy
#22)
Attachment B2 – Revisions to Family and Medical Leave
Act, Pregnancy Disability Leave, and
Kin Care Leave Human Resources Policy
ATTACHMENT A
SUBJECT/PROJECT:
ADOPT RESOLUTION #4197 TO REVISE AND UPDATE DISTRICT BOARD
POLICY #22, DRUG FREE WORKPLACE POLICY AND PROCEDURE, AND
THE FAMILY AND MEDICAL LEAVE ACT, PREGNANCY DISABILITY
LEAVE, AND KIN CARE LEAVE HUMAN RESOURCES POLICY AND
PROCEDURE
COMMITTEE ACTION:
The Finance, Administration, and Communications Committee met on May
16, 2012, to review this item. The Committee supported presentation
to the full Board.
NOTE:
The “Committee Action” is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent
to the Board as a committee approved item, or modified to reflect any
discussion or changes as directed from the committee prior to
presentation to the full Board.
1
RESOLUTION NO. 4197
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE OTAY WATER DISTRICT TO
REVISE AND UPDATE DISTRICT POLICIES
WHEREAS, the Board of Directors of Otay Water District
have established policies, procedures, ordinances, and
resolutions for the efficient operation of the District; and
WHEREAS, it is the policy of the District to establish
procedures to review policies, procedures, ordinances, and
resolutions periodically to ensure they are current and
relevant; and
WHEREAS, District staff has identified Board Policy #22,
Drug Free Workplace Policy and Procedure, and the Family and
Medical Leave Act, Pregnancy Disability Act, and Kin Care
Leave Human Resources Policy, as requiring revisions as per
the attached strike-through copies.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Directors of the Otay Water District amends the Board
Policies indicated above in the form presented to the Board
at this meeting.
PASSED, APPROVED AND ADOPTED by the Board of Directors of
the Otay Water District at a regular meeting held this 6th of
June, 2012.
__________________________
President
ATTEST:
___________________________
Secretary
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
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Date
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Page 1 of 17
A. Policy
The Otay Water District (“District”) has zero tolerance for the use
of controlled substances or the abuse of alcohol. Employees who
are under the influence of a drug or alcohol on the job compromise
the District’s interests and endanger their own health and safety
as well as the health and safety of others. The District prohibits
the use, possession, manufacture, distribution, or being under the
influence of alcohol or controlled substances by any District
employee while on District property or while on duty, except as
specified herein. Violation of this policy is an act of misconduct
meriting dismissal without prior warning or disciplinary action in
accordance with the District’s Discipline Policy and Procedures
(Note: this is not new language, it was moved from Section I, to
the beginning of the policy).
B. Exceptions
The following exceptions apply to this policy:
1. Events – Authorized Use of Alcohol
The General Manager or his/her designee, at his/her discretion,
may authorize the use of alcohol at a District event, subject to
any conditions he/she elects to impose.
2. Customary Use of Over-the Counter or Prescription Drugs
The exceptions set forth in this section do not extend to the
use of marijuana, or any product made or derived from marijuana,
regardless of whether the employee’s doctor prescribes,
recommends, or authorizes its use. With respect to an employee,
use of an over-the-counter drug, or a prescription-only drug
under a prescription for the employee, in the manner prescribed,
will not be treated as a violation of this policy unless the
drug has potential side effects which impair the employee’s
ability to perform any safety-sensitive duty and/or the core
duties of his/her position and the employee has failed to notify
his/her supervisor or Human Resources of such side effects
before performing duties while under the influence of the drug.
The District may require a note from the employee’s doctor
concerning authorization for a prescription and/or the possible
side effects of the prescribed drugs. The District shall comply
with all applicable laws concerning the privacy of employees’
medical information.
With respect to an applicant, use of an over-the-counter drug,
or a prescription-only drug under a prescription for the
OTAY WATER DISTRICT
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Page 2 of 17
applicant, in the manner prescribed, will not disqualify the
applicant for employment if he/she satisfactorily explains such
use upon being informed of a positive test for controlled
substances. The District may require a note from the
applicant’s doctor concerning authorization for a prescription
and/or the possible side effects of the prescribed drugs.
C. Definitions
1. Accident:
a. Any accident, in which an employee is driving aon District
businessvehicle while on duty, and is at fault or suspected of
having significantly contributed to an accident. that, had
the vehicle been a commercial vehicle, would have required
post-accident testing of the driver under the Department of
Transportation (DOT) Drug and Alcohol Testing Policy. This
shall apply to employees covered by the Department of
Transportation (“DOT”) policy only if the accident is not
subject to the DOT policy.
b. Any accident, not involving the driving of a District vehicle,
that is reasonably believed by management or credibly reported
by another person a manager to have been caused by an on-duty
employee and which results in serious physical injury.
2. Controlled Ssubstance:
a. Any drug or substance identified by section 40.85 of title 49
of the Code of Federal Regulations or sections 11054-11058 of
the California Health and Safety Code.
b. Any drug or substance.
3. Dilute Specimen: A specimen with creatinine and specific
gravity values that are lower than expected for human urine or
a specimen that is adulterated in any way.
4. DOT Policy: The District’s Drug and Alcohol Testing Policy,
enacted pursuant to Part 382 of title 49 of the Code of Federal
Regulations.
45. Drug Paraphernalia: This term has the same definition as is
used in section 11364.5(d) of the California Health and Safety
Code and applies only to paraphernalia deemed unlawful under
section 11364.5(d).
56. Manager/Management: A District employee who is designated as a
supervisor, manager, or executive.
OTAY WATER DISTRICT
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67. Medical Review Officer: A person who is a licensed physician
and who is responsible for receiving and reviewing laboratory
results for substance tests and evaluating medical explanations
for certain test results.
78. Negative: A person is considered to have tested negative for a
substance if his/her substance test does not produce a positive
result.
89. Positive: A person is considered positive for alcohol if
he/she has a blood alcohol concentration of 0.04 or greater at
the time he/she submits to testing. A person is considered
positive for a controlled substance if he/she has any amount of
a controlled substance at or above a “cutoff concentration”
specified in section 40.87 of title 49 of the Code of Federal
Regulations at the time he/she submits to testing.
910. Reasonable sSuspicion: A reasonable suspicion exists that a
person is under the influence of a substance if a trained
observer reasonably comes to the conclusion that the person is
under the influence of a substance due to having personally
observed, with respect to the person, some or all of the
effects specified in Appendix A of this policy.
Additionally, a reasonable suspicion exists that a person is
under the influence of a substance if an observer has seen the
person use a substance.
No one factor is sufficient to create a reasonable suspicion,
but an observer may make a reasonable assessment based on the
quantity, degree, and/or severity of applicable factors.
101. Refusale to sSubmit to tTesting: Each of the following
constitutes a refusal to submit to testing:
a. FA failingure to immediately report for substance testing
when directed to do so;,
b. Fa failingure to complete the testing process (including
signing any forms necessary to authenticate or identify a
specimen);, or
c. a fFailingure to provide an adequate amount of breath,
saliva, or urine for a test;
d. Failing to cooperate with any aspect of the testing
process, including but not limited to refusing to wash
hands when directed, being confrontational with testing
OTAY WATER DISTRICT
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Revised
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Page 4 of 17
personnel, or failing to comply with instructions in a
“direct observation,” as that term is used in section
40.197 of title 49 of the Code of Federal Regulations;
e. Using or wearing a prosthetic device to interfere with the
collection process;
f. Admitting to adulterating or diluting the specimen; or
g. Anything act or failure to act that is intended to
interfere with the results.
112. Safety-sSensitive dDuties: Any duties identified as “safety-
sensitive duties” by DOT regulations, or dDuties which consist
of any of the following:
Operating any assigned District vehicle or equipment
(includes management and non-management employees);
High-voltage electrical work (600 volts or greater);
Work in “confined spaces,” as that term is defined in
District regulations or OSHA regulations;
Performing maintenance on any vehicle;
Loading and unloading any vehicle; or
Access to sensitive/classified information related to safety
or security duties.
123. Serious pPhysical iInjury: An injury to an employee that
causes the employee to be absent from work on either of the two
working days following an accident or which requires
hospitalization of the employee.
134. Substance: Any substance containing alcohol or any controlled
substance.
145. Under the iInfluence: With respect to alcohol, a person is
under the influence at the time he/she is ordered to submit to
testing if he/she tests positive for alcohol at the time he/she
submits to testing. With respect to controlled substances, a
person is under the influence at the time he/she is ordered to
submit to testing if he/she tests positive for a controlled
substance at the time he/she submits to testing.
D. Conflicts with DOT Policy
As to applicants or employees to whom the DOT Policy applies, to
the extent this policy imposes a requirement that is less stringent
than the DOT Policy the more stringent requirements of the DOT
Policy will control.
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
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Date
Adopted
Date
Revised
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Page 5 of 17
E. Testing Procedures
When an employee or applicant is to be tested, the District shall
use the same testing procedures that are used for testing under the
Department of TransportationDOT Drug and Alcohol Testing
Policy(DOT) policy, including the procedures for testing a “split
specimen,” as that term is defined in section 40.3 of title 49 of
the Code of Federal Regulations. The service providers shall
comply with section 40.47 of title 49 of the Code of Federal
Regulations except they shall use a by using the Federal Drug
Testing Custody and Control Form for applicants/employees subject
to the DOT Policy and a non-federal custody and control form for
applicants and employeesall other persons.
1. Alcohol Testing
Alcohol testing will be conducted using evidential breath
testing devices (“EBT”) approved by the National Highway
Traffic Safety Administration. A screening test must be
conducted first. If the result is an alcohol concentration
level of less than 0.02, the test is considered a negative
test. If the alcohol concentration level is 0.02 or more, a
second confirmation test must be conducted. Alcohol testing
shall be accomplished by a laboratory certified by the U.S.
Department of Health and Human Services.
2. Controlled Substance Testing
a. The test must be conducted by analyzing the employee's
urine.
b. The urinalysis shall be done at a laboratory certified by
the U.S. Department of Health and Human Services.
c. The urine specimen must be split into two bottles labeled as
"primary" and "split" specimen. Both bottles must be sent
to the laboratory.
d. If the urinalysis of the primary specimen tests positive for
the presence of illegal, controlled substances, the employee
has 72 hours from time of notification to request that the
split specimen be analyzed by a different certified
laboratory.
e. The urine sample shall be tested for the following:
marijuana metabolites, cocaine metabolites, opiates,
amphetamines and phencyclidine (“PCP”);
f. If the test is positive for one or more of the drugs listed
in subsection "e" above, a confirmation test must be
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
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Page 6 of 17
performed using gas chromatography/mass spectrometry
analysis.
g. All drug test results will be reviewed and interpreted by
the Medical Review Officer before they are reported to the
District.
h. With all positive drug tests, the Medical Review Officer
will contact the employee to determine if there is a medical
explanation for the positive test result. If documentation
is provided and the Medical Review Officer determines that
there is a legitimate medical use for the prohibited drug,
the test result may be reported to the District as negative.
F. Testing
1. Persons Subject to Substance Screening
All applicants for employment, in conjunction with pre-
employment physical examination;
All employees reasonably suspected of using substances while on
duty or on District property or while working while under the
influence of substances;
All employees reasonably suspected of possessing,
manufacturing, or distributing substances while on duty or on
District property;
Any employee at faultinvolved in or reasonably suspected of
having significantly contributed to have caused an accident
while on duty;.
Any employee who performs safety-sensitive duties whose name is
selected for testing pursuant to the District’s random testing
policy; or
Any District employee who applies for and is selected for a
position that will require the performance of safety-sensitive
duties.
2. Pre-employment, Promotions and Transfer Pphysicals
All applicants for employment shall, as part of their pre-
employment physical examination, submit to a urine analysis or
other legally authorized testing methods as selected by the
employer District for substances.
Any District employee who applies for a position that will require
the performance of safety-sensitive duties shall, as a precondition
to appointment to such position, submit to a urine analysis or
other legally authorized testing methods as selected by the
employer District for substances.
OTAY WATER DISTRICT
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3. Random tTesting of mManagers and sSafety-Ssensitive dDuty
eEmployees
Each year the District shall randomly conduct substance tests of
employees who perform safety-sensitive duties. Based on the number
of such employees employed by the District on January 1, the
District shall conduct by the following December 31 a number of
tests for controlled substances equal to 50 percent of the total
number of employees who perform safety-sensitive duties. Within
the same time period, the District shall conduct a number of tests
for alcohol equal to 10 percent of the same number of safety-
sensitive employees.
Each year the District shall randomly conduct substance tests of
managers who are not randomly tested as employees performing
safety-sensitive duties. Based on the number of managers employed
by the District on January 1, the District shall conduct by the
following December 31 a number of tests for controlled substances
equal to 10 percent of the total number of such managers. Within
the same time period, the District shall conduct a number of tests
for alcohol equal to 10 percent of the same number of such
managers. Managers who perform safety-sensitive duties and who are
included in the pool of safety-sensitive duty employees selected
for random testing shall not be included in the pool of non-safety-
sensitive duty managers who are selected for random testing.
The General Manager will contract with a service provider to
perform the random selection of employee names for substance
testing and select the dates upon which the employees will be
tested. The service provider must ensure that every safety-
sensitive employee has an equal chance of being selected each time
a name is randomly drawn and that any employee whose name is
selected is not exempt from having his/her name selected in any
subsequent drawing in the same year.
The service provider shall provide the selected names and dates to
the Safety and SecurityRisk Administrator and/or Human Resources
Manager, who shall not disclose this information to any other
person except to the employee selected for testing and the
employee’s supervisor at the time that the employee is required to
submit to testing. If the employee is absent from duty on a date
that he/she has been randomly selected for testing, an alternate
name may be selected or he/she shall may be required to submit to a
test immediately upon returning to work, without prior notice.
OTAY WATER DISTRICT
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Date
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Page 8 of 17
Upon being informed that he/she is required to submit to a random
test, the employee must report to the testing location, as quickly
as possible but no greater than one hour from being informed, and
complete the test as directed by personnel at the testing location.
Upon completing testing, the employee shall report back to duty if
his/her duty day has not yet concluded.
Random testing is separate from the other forms of testing
described in this policy. An employee who submits to a reasonable
suspicion or post-accident test does not satisfy the requirement
that he/she submit to a random test when ordered.
4. Post-accident tTesting
If an employee is involved in an accident that under this policy
requires that the employee submit to substance testing, the
employee’s supervisor shall immediately contact Human Resources and
the Safety and Security Administrator to report the accident and
the necessity of testing. After consultation with Human Resources,
if it is determined that the employee should be tested, then
Thereafter, the supervisor shall direct the employee to report to
the testing location and complete the test as directed by personnel
at the testing location. The supervisor shall arrange to transport
the employee to the testing location. Upon completing testing, the
employee shall report back to duty if his/her duty day has not yet
concluded, unless a reasonable suspicion exists, based on the
observation of the employee’s supervisor and in consultation with
Human Resources, that the employee was under the influence of a
substance at the time or shortly after the accident. If such a
reasonable suspicion exists, the employee shall be released from
duty for the remainder of the day. The supervisor, in consultation
with Human Resources, thereafter shall determine on a day-to-day
basis whether to permit the employee to return to duty, until the
results of the test have returned. If an employee has been ordered
to submit to substance testing for post-accident testing, and
reasonable suspicion exists, the District may place the employee on
leave without pay pending the test results. If the employee’s test
results are negative, the District shall restore any salary lost by
the employee for the days he/she was on leave, as though the
employee had reported for duty.the supervisor’s discretion under
the return to duty provisions of Section F(5) shall apply.
If the employee requires immediate medical assistance due to the
accident, such that he/she is unable to report to the testing
location, the supervisor shall coordinate with the hospital to
OTAY WATER DISTRICT
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Page 9 of 17
conduct the test or require the employee to report to the testing
location as soon as is practicable.
The determination as to whether an employee is involved in an
accident shall be made by the employee’s supervisor in consultation
with the Safety and SecurityRisk Administrator and Human Resources,
based on the information available to him/her. If it the
supervisor cannot be immediately determined whether the employee
was involved in an accident, the supervisor shall not order the
employee to testing until a determination can be madethe supervisor
makes such determination.
The following criteria apply when conducting drug and alcohol tests
due to an accident:
a. A breath alcohol test must be administered as soon as possible.
Every effort should be made to ensure that a breath alcohol
test is performed within eight hours following the accident.
If testing has not occurred within eight hours, attempts to
test should be discontinued. However, if testing did not occur
within eight hours, and reasonable suspicion existed at the
time or shortly after the accident the employee may resume
duties with his/her next shift that begins after the eight
hours have passed. Prior to the employee’s return, management
shall observe the employee’s condition before the employee is
allowed to resume duties to ensure that there is no longer
reasonable suspicion.
b. A drug screening test should be initiated prior to the 32nd
hour following an accident.
c. The employee must remain readily available for testing or he or
she will be deemed to have refused the test (see Refusal to
Submit to Testing). This rule does not require the delay of
necessary medical attention for injured persons following the
accident nor prohibit the employee from leaving the scene to
obtain assistance or necessary emergency medical care.
d. An employee subject to post-accident testing may not use
alcohol within eight hours following the accident or before an
alcohol test, whichever comes first.
e. Testing will not be conducted on any deceased employee.
f. The results of a breath or blood test for the use of alcohol or
a urine test for controlled substances, conducted by Federal,
State, or local officials having independent authority for the
test, shall be considered to meet the requirements of this
policy provided such results are obtained by the employer, and
conform to the applicable Federal, State or local requirements.
OTAY WATER DISTRICT
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g. The potentially affected employee will not be allowed to
proceed alone to or from the collection site. Time spent in
complying with post-accident testing is compensable.
h. Documentation of the activity being performed by the employee
that supports the determination to conduct post-accident
testing should be prepared and signed by the supervisor
requesting the test within 24 hours of the accident or before
the results of the drug test are released, if possible.
5. Reasonable sSuspicion tTesting
If an employee’s supervisor, or any manager, the Safety and
Security Administrator, or other personnel has a reasonable
suspicion that the employee is under the influence of a substance
while on District property or on duty, he/she shall advise consult
with Human Resources of this observation to determine if testing is
appropriate. After consultation with Human Resources, if it is
determined that the employee should be tested, a supervisor shall
direct the employee to immediately report for testing and complete
the test as directed by personnel at the testing location. The
supervisor shall arrange to transport the employee to the testing
location. If the person who advises Human Resources of the
observation is not the employee’s supervisor, Human Resources must
immediately notify the supervisor that the employee is reporting to
Human Resources and why, and the supervisor shall arrange to
transport the employee to the testing location. The supervisor(s)
witnessing the impairment must document the specific observations
upon which the reasonable suspicion is based.
Upon completing testing, the employee shall be released from duty
for the remainder of the day. The supervisor, in consultation with
Human Resources, thereafter, shall determine on a day-to-day basis
whether to permit the employee to return to duty, until the results
of the test have returned. If an employee has been ordered to
submit to substance testing for reasonable suspicion, the District
may place the employee on leave without pay pending the test
results. If the employee’s test results are negative, the District
shall restore any salary lost by the employee for the days he/she
was on leave, as though the employee had reported for duty.
The following criteria apply when conducting drug and alcohol tests
due to reasonable suspicion:
a. Alcohol
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A breath alcohol test must be administered as soon as possible.
Every effort should be made to ensure that a breath alcohol
test is performed within eight hours. If testing has not
occurred within eight hours, attempts to test should be
discontinued and the employee may resume duties with his/her
next shift that begins after the eight hours have passed.
However, prior to the employee’s return, management shall
observe the employee’s condition before the employee is allowed
to resume duties to ensure that there is no longer reasonable
suspicion.
b. Controlled Substances
A urinalysis test for controlled substances must be
administered as soon as possible. Every effort should be made
to ensure the urinalysis is performed within 32 hours of the
observation.
c. The employee may not proceed alone to or from the collection
site. The supervisor or other appropriate person making the
observation shall arrange to transport the employee to the
testing site.
d. Documentation to support the determination to conduct
reasonable suspicion testing should be prepared and signed by
the person who made the determination within 24 hours of the
determination or before the results of the test are released,
whichever is earlier, if possible.
6. Acknowledgment and Consent
Any employee subject to testing under this policy will be asked to
sign a form acknowledging the procedures governing testing, and
consenting to (1) the collection of a urine sample for the purpose
of determining the presence of alcohol or controlled substances,
and (2) the release to the District of medical information
regarding the test results. Refusal to sign the agreement and
consent form, or to submit to the drug test, will result in the
revocation of an applicant’s job offer, or will subject an employee
to discipline up to and including termination.
7. Refusal to sSubmit to tTesting
If an applicant refuses to submit to testing for any substance, the
applicant is disqualified for employment. If a District employee
who has applied for a position that requires the performance of
safety-sensitive duties refuses to submit to testing for any
substance, the employee is disqualified for such position.
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If an employee refuses to submit to testing for any substance, the
District may treat such refusal as an act of insubordination. The
District shall also impose the same disciplinary action of
dismissal for a refusal to test that it would impose for a positive
test result, so as not to encourage employees to refuse to test in
the hope of avoiding more severe disciplinary action. The District
may immediately place an employee on leave without pay if the
employee refuses to submit for testing.
87. Refusal to aAuthorize dDisclosure of rResults of tTesting
If an applicant refuses to authorize the disclosure of the testing
results to the District, the applicant is disqualified for
employment. If a District employee who has applied for a position
that requires the performance of safety-sensitive duties refuses to
authorize the disclosure of the test results to the District, the
employee is disqualified for such position.
If an employee refuses to authorize the disclosure of results of
testing to the District, the District will impose the same
disciplinary action of dismissal for a refusal to authorize the
disclosure of results of testing, that it would impose for a
positive test result, so as not to encourage employees to refuse to
authorize the disclosure of test results in the hope of avoiding
more severe disciplinary action. treat it in the same manner as a
refusal to submit to testing.
98. Positive tTest
If an applicant tests positive for a controlled substance, he/she
shall be disqualified for employment unless he/she meets the
requirements for the over-the-counter/prescription drug exception
set forth in Section B(2) of this policy. If a District employee
who has applied for a position that requires the performance of
safety-sensitive duties tests positive for a substance, the
employee is disqualified for such position.
If an employee tests positive for a substance, the employee shall
not be returned to duty and shall not receive pay during his/her
absence until the employee requests that the split urine specimen
be tested and the test of that specimen is not positive for a
substance.
This unpaid absence shall not be considered a disciplinary or
punitive action against the employee and any record of such absence
shall be maintained separately from the employee’s personnel file.
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The absence is for the administrative and safety interests of the
District. This unpaid absence has no effect on the District’s
decision or ability to discipline an employee for violating this
policy.
If the Medical Review Officer determines that an employee’s
specimen is a dilute specimen and the specimen is positive for a
substance, the employee shall be considered to have tested positive
for that substance. If a dilute specimen produces a negative
result then the employee shall be required to submit to a second
substance test, in the manner prescribed in section 40.197 of title
49 of the Code of Federal Regulations. All such second tests shall
be with “direct observation,” as that term is used in section
40.197.
109. Request for rRetest
If an employee tests positive for any substance, the employee may,
within 72 hours of being notified of the positive test result,
request of the Medical Review Officer that the split specimen be
tested. If the employee does not timely submit a request, the
employee shall be considered to have waived his/her right to have
the split specimen tested. The employee shall pay for the cost of
testing the split specimen. If the employee is unable to pay this
cost at the time of the request, the District must ensure that the
split specimen is tested even if it means that the District may
have to initially bear the cost. The District may recover the cost
from the employee at a later time.
If a split specimen does not produce a positive result for a
substance, the District shall restore any salary lost by the
employee as a result of an absence imposed because of the positive
result on the first specimen. The employee shall be considered to
have not tested positive for a substance. The District shall also
reimburse the employee for the cost of the retest if the employee
paid for the retest.
The District may not request that the split specimen be tested.
G. Employee Assistance Programs
The District may refer any employee, including an employee who is
dismissed because of a positive test for a substance, to its
employee assistance program. If in any instance the District is
required to lawfully accommodate an employee’s disability related
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to substance abuse, the District shall refer the employee to a
substance abuse professional.
H. Suspicion of Possession/Distribution/Manufacture of Controlled
Substances
If an employee’s a supervisor has a reasonable suspicion that the
an employee unlawfully possesses or is distributing or
manufacturing a controlled substance or drug paraphernalia on or in
District property, or while on duty, the supervisor must report
this suspicion to Human Resources.
1. For purposes of Section H only, “reasonable suspicion” means
the following:
a. As to possession, the supervisor or a reporting credible
source must have seen a substance or item on the person of
the employee, in the employee’s work area, or in or on
District property assigned to the use of the employee that
a reasonable person would believe is a controlled substance
or drug paraphernalia, or have seen in any of the same
areas a container that a reasonable person would believe
contains a controlled substance or drug paraphernalia.
b. As to distribution, the supervisor must have seen the
employee convey to another person a substance or item that
a reasonable person would believe is a controlled substance
or drug paraphernalia, or have seen the employee convey a
container to another person that a reasonable person would
believe contains a controlled substance or drug
paraphernalia, or have received a report of observation of
the same from a credible source.
c. As to manufacture, the supervisor must have observed
conditions that a reasonable person would equate to the
manufacture of a controlled substance or drug
paraphernalia, which may include the observation of smell,
appearance, or sound. The supervisor must also have
observed conditions that would attribute suspected
manufacture to the employee, such as observing these
conditions in the employee’s work area or in or on District
property assigned to the use of the employee. If the
conditions are observed on the person of the employee, the
supervisor must consider whether the employee reported to
duty in such condition instead of changing to such
condition while on duty, or have received a report of
observation of the same from a credible source.
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2. After a report of supervisor has reported a reasonable suspicion
has been made to Human Resources, the supervisor, the Human
Resources Manager, the General Manager, Assistant General Manager
and the employee’s Department Chief must confer with management
representatives to, consider whether the supervisor’sreported
observation constituted reasonable suspicion, and decide what steps
to take in response to the supervisor’s reported observation. The
unavailability of any one of these individuals should not be
permitted to interfere with the making of this decision.
a. If the decision is to take no further action, the matter will
be dismissed.
b. If the decision is to discuss the observation with the
employee, Human Resources and the supervisor will meet with the
employee to discuss the observation. If as a result of the
discussion, Human Resources and/or the supervisor believe that
a search is necessary, they will confer with management
representatives the General Manager, Assistant General Manager,
and Department Chief to determine whether to conduct a search.
c. If the decision is to conduct a search, the search must be
limited to a search of District property, such as the
employee’s work area (including desk drawers and file
cabinets), District vehicle or equipment, and District
facilities. The employee’s supervisor and a representative of
Human Resources must be present for the search. The search may
be performed by the Human Resources representative or another
person designated by the Human Resources representative, which
may include the supervisor. The employee does not need to be
present during the search. Human Resources should advise the
employee that he/she has the right to have a representative or
witness present during the search. If any material is
retrieved that appears to bear out the supervisor’s reasonable
suspicion, the Human Resources representative must take
possession of the material.
d. If the decision is to conduct a search and the distribution of
controlled substances or drug paraphernalia is reasonably
suspected, the search may include not only the work
area/equipment of the employee suspected of distributing
controlled substances or drug paraphernalia, but the work
area/equipment of any employee whom was observed receiving the
item from the employee suspected of distributing controlled
substances or drug paraphernalia. The receiving employee is
entitled to the same rights as the distributing employee.
e. Any search of the person of the employee or personally-held
possessions of the employee, such as a briefcase, purse,
pocketbook, or backpack or personal vehicle, must be conducted
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by a law enforcement officer. If the decision to conduct a
search extends to these areas, Human Resources should contact
law enforcement to request such a search.
3. If the Human Resources representative takes possession of any
material as a result of the search, and the employee does not
confirm that it is a controlled substance or drug paraphernalia,
the District shall contact the local law enforcement agency and
will forward the substance to have the item tested/analyzed to
determine if it is a controlled substance or drug paraphernalia.
If a law enforcement officer takes possession of an item as a
result of a search, and the employee does not confirm that it is a
controlled substance or drug paraphernalia, the District shall
follow up with the law enforcement agency to verify the item is a
controlled substance or drug paraphernalia. The employee shall not
return to duty and shall not receive pay during his/her absence
until the law enforcement agency has verified that the
tested/analyzed item is not positive for a controlled substance or
drug paraphernalia. If the tested/analyzed item does not produce a
positive result for a controlled substance or drug paraphernalia,
the District shall restore any salary lost by the employee as a
result of the absence.
I. Disciplinary Action
Disciplinary action for violations of this policy will be taken in
accordance with the District’s Discipline Policy and Procedures.
The District considers using, possessing, manufacturing,
distributing, being under the influence of a controlled substance
while on duty or while on District property, unless otherwise
excused under this policy, or refusing to submit to testing for any
substance, to be an act of misconduct meriting dismissal without
prior warning or disciplinary action. (NOTE: this language was
moved to Section A)
J. Accommodation of Individuals with Disabilities
Nothing in this policy shall be construed so as to relieve the
District of its lawful obligation to accommodate individuals with
disabilities.
K. Confidentiality
All alcohol and drug-testing records will be treated as
confidential.
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APPENDIX A
INDICATION OF DRUG USE
REMEMBER THAT THESE SYMPTOMS ARE ONLY INDICATIONS. THEY MAY BE A SIGN
OF SOMETHING OTHER THAN DRUG OR ALCOHOL USE.
PHYSICAL
1. Increased pulse rate 10. Nasal sores
2. Weak and rapid pulse 11. Slowed respirations
3. Increased blood pressure 12. Shallow respiration
4. Increased body temperature 13. Cold and clammy skin
5. Constricted pupils 14. Chills and sweats
6. Dilated pupils 15. Cramps
7. Bloodshot eyes 16. Nausea
8. Water eyes 17. Convulsions
9. Runny nose
MENTAL AND EMOTIONAL
1. Increased alertness 10. Disorientation
2. Excitation 11. Visual illusions
3. Anxiety 12. Hallucinations
4. Irritability 13. Paranoia
5 Euphoria 14. Delirium
6. Increased emotionality 15. Irrational fears
7. Impaired attention 16. Panic
8. Impaired memory 17. Depressed mood
9. Altered perceptions
BEHAVIORAL
1. Slurred speech 8. Hyperactivity
2. Staggered gait 9. Agitation
3. Fatigue 10. Argumentative
4. Apathy 11. Hostility
5. Drowsiness 12. Tremors
6. Loss of appetite 13. Insomnia
7. Increased appetite
Effective Date:
June 6, 2012
July 1, 2003
Page 1
Section Title:
FAMILY MEDICAL LEAVE, AND
PREGNANCY DISABILITY LEAVE,
AND KIN CARE LEAVE POLICIES
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POLICY
Otay Water District (District) grants Ffamily care, and Mmedical, and military family
Lleaves of Aabsence, including “kin care” and pregnancy disability leaves, to eligible
employees consistent with the State and Federal laws. It is the employee’s
responsibility to advise the District of the circumstances of any leave requests that may
qualify for such leave. It is the District’s responsibility to designate the leave as
appropriate.
FAMILY MEDICAL LEAVE ACT AND CALIFORNIA FAMILY RIGHTS ACT
A. Definition
Family Medical Leave is unpaid time off which may be granted to an eligible employee
for certain qualifying events. Family Medical Leave shall be granted and used in
accordance with the federal Family and Medical Leave Act of 1993, as amended
(FMLA), and/or as well as the California Family Rights Act of 1991 (CFRA).
B. Eligibility
An employee is eligible to take Family Medical Leave if he/she:
An employee who has 12 months (not necessarily consecutive months) of service with the
District and worked at least 1,250 hours during the twelve (12) month period immediately
before the date when the leave would begin and who meet all the eligibity requirements of the
FMLA or the CFRA shall be eligible to take up to twelve (12) weeks in a twelve-month period
for the following reasons:
1) Has worked for the District for a total of at least 12 months prior to the date on which
the leave is to commence;
2) Has actually worked at least 1,250 hours during the 12 months immediately
preceding the date when the leave would begin; and
3) Is taking leave for one of the following reasons:
Otay Water District
Human Resources
Policies and
Procedures
2
1)a) For an The employee’s own serious health condition that makes the employee
unable to perform the functions of their his/her job;.
b) Bonding with a newborn, adopted child or child placed for foster care;
c) Caring for a family member (spouse, child, parent, or registered domestic
partner) with a serious health condition. A child must be either under 18 years
of age or an adult dependent child incapable of self-care becuase of a mental
or physical disability;
d) For “military caregiver” leave, to care for an ill or injured family servicemember
(a spouse, child, parent, or next of kin (nearest blood relative) who has incurred
an injury or illness while on active military duty);
e) For “military exigency” leave when there is a qualifying military exigency as
defined by the U.S. Department of Labor arising out of the fact that an
employee’s spouse, child, or parent is on active duty (or has been notified of an
impending call or order to active duty) in support of a contingency operation as
defined by law.
A serious health condition is an illness, injury, impairment, or physical or mental
condition that involves either an overnight stay in a medical care facility, or continuing
treatment by a health care provider for a condition that either prevents the employee
from performing the functions of the employee’s job, or prevents the qualified family
member from participating in school or other daily activities.
In the case of a pregnancy or other legally protected disability or medical condition or
work-related injury, an employee may not need to satisfy all of the above requirements.
In such circumstancies, the employee should contact Human Resources for clarification
about his or her rights for other types of leave.
2)To care for a new born child;
3)The placement of an adopted child;
4)To care for a seriously ill child;
5)To care for a parent or spouse who has a serious health condition, or
6)The placement of a child for foster care.
C. Permissible Amount of Leave Calculating the 12-Month Period
Provided all the conditions of this policy are met, an employee may take up to 12 weeks
of Family Medical Leave within a 12-month period; however, an employee who takes
leave for military caregiver purposes may take up to a total 26 weeks Family Medical
Leave in a single 12-month period, only 12 weeks of which may be for purposes other
than to serve as a military caregiver.
In determining whether an employee has exhausted his/her Family Medical Leave
entitlement, the District will measure the twelve (12) month period as shall use a “rolling”
12-month period measured backward from the date an the employee’s uses the leave
commences. When calculating 26 weeks of military caregiver leave, however, the
District shall measure the 12-month period by looking to the 12-month period following
the date upon which leave is first taken for such purpose. The single 12-month period
for military caregiver leave is not a rolling period; it is a one-time event, per illness/injury
per family servicemember.
D. Leave Conditions
3
1) Request/Approval Procedures Medical Certification
a) An employee shall notify the District of his/her request for Family Medical Leave
as soon as he/she is aware of the need for such leave. For foreseeable events,
if possible, the employee must provide thirty (30) calendar days advance written
notice accompanied by a certification issued by the health care provider of the
individual requiring the care. For events that are unforeseeable thirty (30) days
in advance, but are not emergencies, the employee must notify the District in
writing, as soon as he/she learns of the need for the leave, ordinarily withinno
later than two to three one or two working days after when the need for leave
becomes known to the employee learn of the need for the leave.
b) If the reason for the requested leave is based on the serious health condition of
the employee, or for military caregiver purposes, the employee shall arrange for
the health care provider to complete a medical certification on a District-provided
form. The completed leave request form and the medical certification shall be
submitted to Human Resources for action.
i. With regard to leave due to the employee’s own serious health condition:
a. The District may require, at the District’s expense, that the employee
obtain a second medical opinion from a health care provider designated
by the District and who is not regularly used by the District; and
b. If the Where second opinion differs from the first, the District may require
that the employee obtain a third and binding medical opinion, again at the
District’s expense, from a health care provider designated or approved
jointly by the District and the employee.
c. The District may require recertification of the employee’s serious health
condition ifonly where additional leave is requested.
An employee’s request for leave due to a serious health condition affecting
the employee, or the employee’s child, parent or spouse, must be supported
by a medical certification issued by the health care provider of the individual
requiring care.
a)For leave to care for the employee’s own serious health condition, the
medical certification need not, but may, at the employee’s option, identify
the serious health condition involved. It shall contain:
i)The date on which the serious health condition commenced;
ii)The probable duration of the condition; and
iii)A statement that the leave is due to the serious health condition of the
employee.
ii. For leave to care for the employee’s child, parent, or spouse, the medical
certification need not identify the serious health condition involved, but must
provide certification from the healthcare provider of the individual requiring
care and must include answers to all the information requested in the form in
order to be considered for eligibility. The District may require recertification of
the child’s, parent’s, or spouse’s serious health condition if additional leave is
requested.
j)The date on which the serious health condition commenced;
ii)The probable duration of the condition;
iii)An estimate of the amount of time which the health care provider believes
the employee needs to care for the child, parent or spouse; and
4
iv)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 or spouse.
iii. For military caregiver leave, the medical certification concerning the family
servicemember may be provided by a U.S. Department of Defense (DOD)
health care provider, a U.S. Department of Veterans Affairs health care
provider, a DOD TRICARE network authorized private health care provider, or
a DOD non-network TRICARE authorized private health care provider. The
certification, which must be made on U.S. Department of Labor Form No.
WH–385,, must include answers to all the information requested in the form in
order to be considered for eligibility. The District may also require the
employee to provide any additional information that it would require of an
employee pursuant to section D(1)(b)(ii) of this Policy.
iv. For military exigency leave, the employee shall submit answers to all the
information requested in U.S. Department of Labor Form No. WH–384,
including a copy of his/her active duty orders or other documentation issued
by the military which indicates that the covered military member is on active
duty or call to active duty status in support of a contingency operation, and
the dates of the covered military member’s active duty service. The
employee need only submit this the first time he/she requests leave for a
qualifying exigency, unless the later request arises from a different active duty
or call to active duty of the same or different qualifying military member.
c)c) The employee shall submit the completed leave request form and, when
applicable, the completed medical certification form to Human Resources. The
employee must submit the Mmedical certification form must be provided within
15 calendar days of the District’s request and generally prior to the
commencement of a foreseeable leave of absence. If certification is not received
within 15 calendar days, the District leave may deny the leave requestbe denied.
d)d) Human Resources shall either approve or deny the leave request unless
the request does not comply with the provisions set forth in this Policy, the FMLA,
the CFRA, or other applicable law. If the request is denied, Human Resources
shall explain the reason(s) for such denial to the employee., it shall be returned
to the employee with an explanation. The request may be denied only to the
extent that it does not comply with the provisions set forth in this Family Care and
Medical Leave Policy and State and Federal Laws.
Medical certification is not required where the leave is requested for the birth,
adoption or placement of a child in foster care with the employee.
2) Intermittent Leave or Reduced Work Schedule
Human Resources may grant intermittent leave or reduce an employee’s work
schedule based on a need for periodic or sporadic time off work for Family Medical
Leave purposes, such as medical appointments, treatments or procedures, or the
birth or placement of a child.
1)Intermittent or reduced work schedule refers to the need for periodic time off work, for
purposes such as medical appointments, treatments or procedures, or the birth
or placement of a child.
2)a) With approval, and minimum impact to the District, Aan employee may
take leave an approved Family Medical Leave intermittently or, under certain
5
circumstances, use the leave to reduce the workweek or workday.
3)b) The Eemployee must submit written proof that intermittent leave or a
reduced work schedule is a medical necessity.
4)c) The aggregate amount of intermittent leave or reduction in work schedule
Leave may not exceed the amount of leave the employee could permissibly use
if he/she was not using intermittent leave or a reduced work schedulea total of
twelve (12) weeks over a twelve (12) month period.
5)d) If intermittent or reduced work schedule leave is required for medical
treatment, the District may temporarily transfer the employee to another job with
equivalent pay and benefits that better accommodates the schedule for medical
treatments where such transfer can be reasonably accommodated.
5)e) Where the Family Medical Leave is to be taken in connection with the
birth, adoption, or foster placement of a child, the minimum duration for each
period of leave is two weeks, except the employee may request leave of less
than two weeks duration on any two occasions.
5)f) Military exigency leave also may be taken intermittently or on a reduced
schedule.
3) Concurrent Running with Other Leaves
To the extent permitted by law, FMLA leave, CFRA leave, and PDL shall run
concurrently with each other and with every other form of leave provided by the
District.
4) Sick Leave and Vacation Accrual
An employee may is not accrue sick leave or vacation entitled to benefit accrual
during periods of unpaid leave, but will not lose vacation or sick leave that he/she
anything accrued prior to the leave unless and until he/she uses such accruals. The
employee shall accrue vacation and sick leave hours in accordance with for actual
hours paid in the pay period. The substitution of paid leave does not extend the total
duration of the leave to which an employee is entitled.
5) Military Caregiver Leave
Military caregiver leave must be used to care for the employee’s spouse, child,
parent (excluding in-laws), or next of kin, who is a covered military servicemember
and incurred a serious injury or illness in the line of military duty or who aggravated
an existing or pre-existing condition in the line of active duty. A covered
servicemember is a current member of the Armed Forces, including a member of the
National Guard or Reserves. A serious injury or illness is one that may render the
servicemember medically unfit to perform his or her duties for which the
servicemember is undergoing medical treatment, recuperation, or therapy; or is in
outpatient status; or is on the temporary disability retired list. Covered
servicemembers include veterans who began treatment, recuperation, or therapy for
a serious injury or illness within five years after leaving the service, as long as the
veteran was a member of the Armed Forces, National Guard or Reserves. The
serious injury or illness may have manifested before or after the individual became a
veteran.
6) Military Qualifying Exigency Leave
6
A qualifying exigency must relate to the covered active duty (or notification of an
impending call or order to active duty) of the employee’s spouse, child, or parent
(excluding in-laws) in the Armed Forces, including a member of the National Guard
or Reserves. “Active duty” and “call to active duty” are as defined in Section
825.126(b)(2) of Title 29 of the Code of Federal Regulations. Qualifying exigencies
may include short-notice deployment, attending certain military events, arranging for
alternative childcare and child activities, addressing certain financial and legal
arrangements, attending certain counseling sessions, and attending post-
deployment reintegration briefings, and any other qualifying exigency described in
section 825.126 of Title 29 of the code of Federal Regulations.
7) Spouses Employed by District
If two District employees are married and each spouse is eligible for FMLA/CFRA
leave, they are required to share the combined total of 12 weeks of FMLA/CFRA
leave between them if the purpose for leave is for the birth and care of a child; for
the placement of a child for adoption or foster care and to care for a newly placed
child; and to care for an employee’s parent who has a serious health condition.
Each employee may use the balance of his/her FMLA/CFRA leave, if any, for any
other purpose for which leave is authorized under the FMLA/CFRA (such as to take
time off for his/her own serious health condition). However, a husband and wife can
each take up to 12 weeks of FMLA/CFRA leave, if eligible, to care for a child with a
serious health condition.
8) Exempt Employees
The District shall deduct salary for any hours or days on which an exempt employee
uses unpaid FMLA, CFRA, or PDL leave; however, the employee may use accrued
sick leave or vacation in order to receive pay for such time in accordance with
section D(4) of this policy. If the employee chooses not to use accruals during this
time period, the District shall pay the employee only for actual hours or days worked.
E. Benefits
1) While an employee is on Family Medical Leave, Tthe District shall continue to pay
the employee’s medical, dental, life, accidental death and dismemberment and long
term disability insurance coverage, for both the employee and employee’s eligible
dependents under any group health plan, to the same extent and onunder the same
terms and conditions as coverage would have been provided hadif the employee
had been continuously employed working during the entire leave period.
2) If the employee chooses to continue optional life insurance and/or the flexible
benefits program, his/her premium contributions will be required either through
payroll deduction or by direct payment to the District. The District shall advise the
employee will be advised in writing, at the beginning of the leave period, of as to the
amount and options of either payroll deduction or direct payment. Employee
contribution amounts are subject to any change in rates that occur while the
employee is on leave.
3) The District shall extend the employee’s in-range salary adjustment merit review
date will be extended by the the number of days of leave taken by the employee
after his/her following the first sixty (60) calendar days of leave taken by the
employee.
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4) The employee may be liable required to repay to the District for payment of health
insurance premiums, dental, life, accidental death and dismemberment and long
term disability insurance paid by the District during the employee’s Family Leave,
FMLA/CFRA leave if the employee does not return to work when his/her leave has
expired or returns from leave but fails to work for at least 30 calendar days after
returning from taking Family LeaveFMLA/CFRA. However, if the reason for the
failure to return to work is either beyond the employee’s control or the result of the
employee, or because of the continuation, recurrence or onset of a serious health
condition, the employee will not be liable for repayment.
F. Reinstatement Fitness-for-Duty Certification
If the employee returns to work before or immediately upon exhaustion of his/her Family
Leave, the District shall within twelve (12) weeks from the beginning of the leave,
he/she will be reinstated him/her to his/her former position or an equivalent position with
equivalent pay, benefits, status and authority. However, iIf the employee returns to duty
at a later time, the employee may not be entitled to return to the employee’s exhausts
their FMLA/CFRA leave and continues on some other form of District unpaid leave,
he/she may not be entitled to return to his/her former position. The District in its
discretion may assign the employee to any position and/or alter his/her pay, benefits,
status and/or authority consistent with District policy and regulations; however, the
District shall make such assignment based on the needs of the District and not because
the employee used his/her Family Leave.
If the employee took Family Leave because of his/her own serious health condition, the
District employee will be may required the employee to provide a fitness-for-duty
certification before prior to returning to work, stating certifying that the employee is able
to resume his/her original job duties. The District may delay restoring the employee to
employment without certification.
The District will comply with all applicable laws pertaining to reinstatement of
employees, including where required, the reasonable accommodation of employees
who have been on an approved leave. However, an employee has no greater right to
reinstatement or continued employment than if he or she had been continuously
working a full or part-time schedule rather than on leave.
PREGNANCY DISABILITY LEAVE (PDL)
A. Definition
An female employee may request Pregnancy Disability Leave (PDL) under the
California Pregnancy Disability Leave Act (including a temporary transfer to available,
less strenuous or hazardous positions or duties for which the employee is qualified)
based on her health care provider’s advice and if the transfer can be reasonably
accommodated. An employee is entitled to up to four months of unpaid PDL per
pregnancy. “Four months” is the number of days the employee would normally work in
four months. For a full time employee working 80 hours in the pay period, four months
means 88 working days. PDL may be taken intermittently, or on a reduced-hours
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schedule, as medically necessary.
This is separate and distinct from the California Family Rights Act (CFRA). An
employee is entitled to four months of unpaid PDL in addition to her twelve (12) weeks
of CFRA. Family Medical Leave (FMLA) runs concurrently with PDL.
B. Eligibility
1) A woman is entitled to PDL from her first day on the job; Tthere is no minimum prior
length of service requirement before an employee disabled by pregnancy is entitled
to a pregnancy disability leave. A woman is entitled to PDL from her first day on the
job.
2) 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 or more essential functions
of her job, or to perform these without undue risk to herself or other persons,
throughto the successful completion of her pregnancy, or to other persons. This
includes severe morning sickness and time needed for prenatal care.
3) PDL Pregnancy Disability Leave is for one or more any period(s) of actual disability
caused by pregnancy, childbirth, or related medical condition. This includes severe
morning sickness and for prenatal care.
4) PDLPregnancy Disability Leave shall cannot be used for childcare, child rearing, or
preparation for child bearing.
5)Where medically advisable, pregnancy disability leave may be taken for a reasonable
period of time, up to four (4) months per pregnancy.
C. Medical Certification
1) An employee’s request for PDLleave must be supported by a medical certification
issued by the her health care provider of the employee. The certification should
include:
a) The date on which the employee became disabled due to pregnancy;
b) The probable duration of the period or periods of disability; and
c) An explanatory statement that, due to the disability, the employee is unable to
work at all or is unable to perform any one or more of the essential functions of
her position without undue risk to herself, the successful completion of her
pregnancy, or to other persons.
2) If the employee’s health care provider is medically advising a transfer to a position
for which the employee is qualified as a form of PDL, and if the transfer can be
reasonably accommodated, the medical certification should include::
a) The date on which the need to transfer became medically advisable;
b) The probable duration of the period or periods of the need to transfer; and
2)c) An explanatory statement that, due to the woman's pregnancy, the
transfer is medically advisable.Medical certification must be provided within 15
calendar days of the District’s request and generally prior to the commencement
of a foreseeable leave of absence. If certification is not received within 15
calendar days, leave may be denied.
3) Upon expiration of the time for which the health care provider originally estimated
the employee needed PDL, the District may require recertification if the employee
additional leave is requestsed additional leave and has not exhausted her four-
month entitlement.
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D. Procedure
1) An employee shall notify the District of her request for PDL Pregnancy Disability
Leave as soon as she is aware of the need for such leave or transfer. For
foreseeable events, where practicable if possible, the employee must provide thirty
(30) calendar days’ advance written notice accompanied by medical a certification
issued by from herthe health care provider of the individual requiring the care. For
events that are unforeseeable thirty (30) days in advance, but are not non-
emergencyies, events that are not foreseeable 30 days in advance and
emergencies, the employee must notify provide the District in writtening, notice and
submit a medical certification as soon as practicableshe learns of the need for the
leave, ordinarily no later than two to three working days after the employee learns of
the need for the leave due to pregnancy, childbirth or related medical condition.
2) The employee shall submit the completed leave request form and the medical
certification shall be submitted to Human Resources for action.
3) Human Resources shall either approve or deny the leave request as soon as
practicable and within 10 calendar days, unless the request does not comply with
provisions set forth in this Policy or the PDL statute and regulations or other
applicable law. If the request is denied, Human Resources it shall explain the
reason(s) for such denial to the employee.be returned to the employee with an
explanation. The request may be denied only to the extent that it does not comply
with the provisions set forth in this Pregnancy Disability Leave Policy and State
Laws. If the request is granted after the need for PDL commenced, the District shall
make it effective retroactively.
E. Duration and Timing of Leave
An eligible employee may take up to four months of PDL, per pregnancy. Such leave
may be taken in one continuous block of time, intermittently, through a reduced work
schedule, or through transfer to a vacant available and less strenuous and/or hazardous
position or set of duties for which the employee is qualified for the duration of the
pregnancy, depending on the employee’s health care provider’s advice and if the
transfer can be reasonably accommodated. In any event, the employee must provide
medical documentation pertaining to the duration and timing of her PDL.
1)An employee who is pregnant may take up to four months of leave when she is
disabled by her pregnancy.
2)The four month leave is allowed for each pregnancy, and is not an annual limit.
Intermittent Leave or Reduced Work Schedule
1)Pregnancy Disability Leave need not be taken in one continuous block. It may be
taken on an as-needed basis, intermittently or on a reduced work schedule when
medically advisable as determined by the health care provider of the employee.
Medical documentation of the need for intermittent or reduced work schedule is
required.
2)If intermittent or reduced work schedule leave is required for medical treatment, the
District may temporarily transfer the employee to another job with equivalent pay
and benefits that better accommodates the schedule for medical treatments where
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such transfer can be reasonably accomodated.
F. Relationship to Other Leaves
PDL runs concurrently with an employee’s FMLA leave entitlement and all other forms
of leave except for CFRA leave. PDL and CFRA cannot run concurrently because they
are mutually exclusive; leave for pregnancy-related disability is not protected by CFRA
and PDL may not be used for health-related conditions or other leaves (such as baby
bonding) that are protected by CFRA. Thus, in some circumstances an employee may
use four months of PDL, during which FMLA entitlement will be exhausted, but remain
eligible to use up to 12 weeks of CFRA entitlement.
California Family Rights Act
The California Family Rights Act (CFRA) entitles an eligible employee to an additional
twelve (12) weeks of leave in a twelve (12) month period after the birth of a child for
baby bonding. If an employee who has taken FMLA concurrently with PDL uses her full
12-week entitlement to benefits during the FMLA/PDL leave, and then takes CFRA after
the birth of her child for baby bonding purposes, health benefits will continue.
G. Sick Leave and Vacation Accrual
An employee may not accrue sick leave or vacation is not entitled to benefit accrual
during periods of unpaid leave, but will not lose vacation or sick leave anything that she
accrued prior to the leave unless and until she uses such accruals. The employee shall
accrue vacation and sick leave hours in accordance with for actual hours paid in the a
pay period. An employee taking PDL may substitute any available sick leave for her
leave and may, at her option, substitute any accrued vacation for her leave. The
substitution of paid leave for PDL does not extend the total duration of the leave to
which the employee is entitled.
H. Benefits
1) If PDL is run concurrently with Family Medical Leave (FMLA), then the While an
employee is on PDL the District shall continue to pay the employee’s medical,
dental, life and accidental and dismemberment, and short term and long term
disability premiums for both the employee and employee’s eligible dependents under
any group health plan, to the same extent and on under the same terms and
conditions as coverage would have been provided if had the employee had been
continuously employed working during the entire leave period, not to exceed 4 (four)
months in a twelve month period. for a maximum of twelve (12) weeks. If an
employee who has taken FMLA concurrently with PDL uses her full entitlement to
benefits during the FMLA/PDL leave, and is eligible and takes CFRA after the birth
of her child, health benefits will continue.
2)However, if PDL is not run concurrently with FMLA (i.e., employee does not qualify
for FMLA) then health benefit will not continue and arrangements must be made by
tThe employee to pay the monthly premium for group health, dental, life and long
term-disability insurance. If the employee does not pay premiums then coverage will
be cancelled and the employee (and eligible dependents) may continue group
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coverage for a limited period at her own expense, in accordance with COBRA
guidelines.
3)2) If the employee chooses to continue optional life insurance and/or the flexible
benefits program, her premium contributions will be required either through payroll
deduction or by direct payment to the District. The District shall advise the employee
will be advised in writing, at the beginning of the leave period, ofas to the amount
and options of either payroll deduction or direct payment. Employee contribution
amounts are subject to any change in rates that occur while the employee is on
leave.
3) The District shall extend the employee’s in-range salary adjustment merit review
date will be extended by the number of days of leave taken by the employee after
her following the first sixty (60) calendar days of leave taken by the employee.
4) The employee may be required to repay to the District health insurance premiums,
dental, life, accidental death and dismemberment and long term disability insurance
paid by the District during the employee’s PDL leave, if the employee fails to return
from leave after the designated leave period expires. However, if the failure to
return to work is beyond the employee’s control or the result of the continuation,
recurrence or onset of a serious health condition, or the continuation of the leave
under CFRA, the employee will not be liable for repayment.
I. Reinstatement Fitness-for-Duty Certification
If the employee returns to work on or before the date her PDLPregnancy Disability
Leave is exhausted, the District shall she will be reinstated to her to her former position
or to an equivalent position with equivalent pay, benefits, status and authority.
However, the District maythe employee will be required the employee to provide a
fitness-for-duty certification, before returning to workstating, which states that she is
able to resume her original job duties.
The District will comply with all applicable laws pertaining to reinstatement of
employees, including where required, the reasonable accommodation of employees
who have been on an approved leave. However, an employee has no greater right to
reinstatement or continued employment than if she had been continuously working a full
or part-time schedule rather than on leave.
KIN CARE LEAVE
A. Definition
“Kin care” is the use of paid sick leave by an employee to attend to the illness of the
employee’s child, spouse, domestic partner, or parent, in accordance with Section 233
of the Labor Code.
B. Eligibility
An employee is eligible to use sick leave for kin care upon hire but must have available
unused sick leave in order to do so.
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C. Conditions of Leave
1) Within a calendar year, an employee may use an amount of sick leave, equal to or
less than that which he/she accrues in six months (i.e. one-half of his/her annual sick
allotment), for kin care. Unused kin care time will not carry over to the next calendar
year.
2) “Child” includes a biological child, foster child, stepchild, adopted child, child of a
domestic partner, legal ward, or child of a person standing in loco parentis. The
child is not required to be a minor.
3) “Parent” includes a biological parent, stepparent, foster parent, adoptive parent, or
legal guardian. Mothers-in-law, fathers-in-law and grandparents are not considered
parents for purposes of this law.
4) Spouse includes legally married individuals and registered Domestic Partners as
defined in California Family Code section 297.
4) The District may enforce the use of kin care leave to the same conditions and
restrictions it imposes on the use of sick leave for other purposes, including
verification of illness, except that the District shall not consider any time used for kin
care (within the annual limit permitted by law) in evaluating or disciplining the
employee based on excessive use of sick leave.
D. Relationship to Other Leaves
To the extent that the illness of the child, parent, spouse, or domestic partner provides a
basis for the use of leave under the FMLA or CFRA, or any other form of leave, the use
of kin care shall run concurrently with each such leave (even if accruals are not used by
the employee during FMLA/CFRA leave).