HomeMy WebLinkAbout06-19-06 F&A Committee PacketOTAY WATER DISTRICT
FINANCE AND ADMINISTRATION
COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY,CALIFORNIA
BOARDROOM
MONDAY
June 19,2006
4:00 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 ofthe 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.REJECT ROSETE /DUCUT CLAIM (BURPEAU)[5 minutes]
4.ADOPT RESOLUTION NO.4083 TO ESTABLISH THE TAX RATE FOR IM-
PROVEMENT DISTRICT NO.27 AT $0.007 FOR FISCAL YEAR 2006-2007
(BELL)[5 minutes]
5.ADOPT RESOLUTION NOA078 TO CONTINUE WATER AND SEWER AVAIL-
ABILITY CHARGES FOR DISTRICT CUSTOMERS FOR FISCAL YEAR 2006-
2007 TO BE COLLECTED THROUGH PROPERTY TAXES;TO ADOPT VER-
BIAGE CHANGES TO CLARIFY PENALTY CHARGES WHEN A SIGNER TER-
MINATES AN AVAILABILITY DEFERRAL AGREEMENT PRIOR TO ITS EXPI-
RATION DATE;AND,CLARIFY THE PROCESS FOR A PROPERTY OWNER
TO GET A REDUCED RATE FOR LAND THAT MEETS OR EXCEEDS A 30%
SLOPE (HENDERSON)[5 minutes]
6.APPROVE REVISIONS TO THE CERTIFICATE INCENTIVE PROGRAM;RAT-
IFY ONE MEMORANDUM OF UNDERSTANDING SIDE LETTER FOR IN-
RANGE ADJUSTMENTS;ADOPT RESOLUTION NO.4084 TO REVISE THE
1
DRUG FREE WORKPLACE BOARD POLICY NO.22;AND,ADOPT RESOLU-
TION NO.4086 TO REVISE THE EMPLOYEE RECOGNITION BOARD POLICY
NO.2 (WILLIAMSON)[10 minutes]
7.ADOPT RESOLUTION NO.4085 CONCURRING IN THE NOMINATION OF MS.
JO MACKENZIE TO CALIFORNIA SPECIAL DISTRICT ASSOCIATION'S
BOARD OF DIRECTORS (WATTON)[5 minutes]
8.ESTABLISH A BOARD POSITION ON THE CAVES BOND (WATTON)[10 min-
utes]
9.ADJOURNMENT
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.
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 June 16,2006 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 June 16,2006.
2
AGENDA ITEM 3
STAFF REPORT
TYPE MEETING:
SUBMITTED BY:DaVi~eau.Safety and
MEETING DATE:
W.O.lG.F.NO:
July 5,2006
DIV.NO.
APPROVED BY:
(Chief)
APPROVED BY:
(Asst.GM):
SUBJECT:
Risk Administrator ~
Rom Sarno,Chief,Administrative,~vices
German Alvarez~ant General Manager,Finance and
Administrative Services
Rejection of Mr.Michael Rosete/Ms.Marie Ducut Claim
GENERAL MANAGER'S RECOMMENDATION:
That the Board reject this claim in the amount of $975.00 in damages
presented by Mr.Michael Rosete and Ms.Marie Ducut of 345 K.Street
#C -104,Chula Vista,CA 91911.
COMMITTEE ACTION:
See Attachment "A".
PURPOSE:
To reject the claim presented by Mr.Rosete on 6/8/06,in the amount
of $975.00,for damage to a 1997 Honda occurring on 5/1/06.The
claim alleges that this was the result of the vehicle striking a
dislodged gate well cap on Stone Gate Street near Hawthorne Creek
Drive in Chula Vista.
This action is necessary in order to begin the statute of limitations
for bringing any legal action in this matter.
ANALYSIS:
The alleged incident occurred on 5/1/06.The claimant had not
informed the District of the incident until 6/8/06,more than one
month later.
The District has no prior information as to the events in question as
provided in the claim form.
A check of District records reveals that neither the District nor one
of its contractors conducted work or other activities at the location
in question.The District was advised by the Chula Vista Police'
Department on 5/1/06 of the incident.The Duty System Operator
responded and was unable to locate the missing cap;the missing cap
was replaced with a new one.There was no one at the scene when they
arrived.
A claim was filed initially on 6/5/06,but was returned to the
claimant as insufficient.The claim was amended and returned to the
District on 6/8/06.
The initial claim was in the amount of $2,000.The amended claim was
submitted in the amount of $975.00 which is consistent with the
receipts provided by the claimant.
Photographs provided by Mr.Rosete show a gate cap in its proper
seated position in the road and no evidence of having been dislodged
such as pavement damage.It appears that the photographs may have
been taken the next day.
It should be noted that public agencies are generally immune from
liability from such cases unless it can be shown the District was
previously notified of the condition and did not act to abate the
issue or left an unsafe condition after working in the area.The
District was unaware of the missing gate cap prior to the incident.
The California Government Code Section 835 describes the immunities
from liability such as 835 (b)describes the situation where a public
entity might have constructive notice of a dangerous condition.In
this case,there was no previous knowledge of the condition and the
District would have not reasonably been aware of the condition prior
to the event.
We are confident that the District has used all care and reasonable
diligence in this situation.
The District's property &liability insurance carrier SDRMA has
reviewed the claim and recommended that the District reject this
claim in its entirety.The District is confident that this claim is
not due to any negligence or liability on the part of the District.
The photographs provided by the claimant show that the gate cap(s)
are properly seated.
Ms.Marie Ducut,the fiancee of Mr.Rosete was contacted and stated
that she was driving Mr.Rosete's car with a passenger (Mr.Manny Uy)
when she hit something in the road.
She stated that at first she did not realize that she hit anything,
but her passenger informed her that she did.
Shortly thereafter the car began to run poorly causing her to stop.
At that point she smelled gasoline and called the fire Department.
Ms.Ducut stated that the car was leaking oil and fuel fo~lowing the
impact
Captain Powers of the Chula Vista Fire Department was interviewed and
he stated that he observed the cap upside down in the street when
they responded to the call
Calls have been made to the owner Mr.Rosete and the passenger Mr.
Uy.No return calls have been received at this time.
FISCAL IMPACT:
None.
STRATEGIC GOAL:
Protect the District employees,assets and community by continually
improving sound risk management practices and safety programs.
LEGAL IMPACT:
None.
IJM~-GEfneral Manager
Attachment "A"Committee Action
Attachment "8"Copy of Claim by Mr.Rossete
ATTACHMENT A
SUBJECTIPROJECT:Rejection of Mr.Michael Rosete/Ms.Marie Ducut Claim
COMMITTEE ACTION:
This item was presented to the Water Resources and Security
Committee on June 21,2006 and 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.Name of;qaim.ant(§.l
__on Ie HItt:
CLAIM AGAINST
OTAY WATER DISTRICT
JUN~6 '_J.
~~11'-re-~'rtd\.
J\;;-l 8 200G
a)
2.
3.
Address to which claimant(s)desire(s)notice to be sent (if other than above):
Occurrence or transaction which gives rise to claim:
Date:__SJ-I_1+JI-..,;o_,,_-__
b)Place:rrlJflE ,t,e ,S)'T
c)Specify the particular act or omission you claim caused the injury or
damage.Include a statement of why you feel the District or its employees
were at fault.
A l/IJA:tef<.MAIf{e"vc~THA-r w~Of£/lG-J>AHf/~'E/)
t4E V,VJ)E!<cl/-i<P1Ait:~F NV elf-If.WH£N .r
lJRove OVE.R IT.
4.General description of injury,damage or loss (so far as known as of the date of
this claim):-.f 12.OPGP ,y-
fiJ"'CrU~fJ)OIL PA-f'J iJ)·ItMtf~e~/SV&H1IV9 THtr floL1JS-
7
~XHAU!;T PIPE"J)C/V~»~lfs'PftV/<)J)FbTRoyc.fl
"rUEL fJu /VJ p,
5.Name(s)of any District employee(s)causing injury,damage or loss,if known:
05/08/2006 08:57 8588102660 MUZAK SOC PAGE 02/03
6.a)Description of any property damaged:
MErJT10~e])OeJ LIIJt #t..f
b)Name of any person(s)injured and description of personal injury:
,,'I
7.Amount claimed if less than $10,000.Be sure to attach invoices or estimates
to verify amount of property damage or statement from doctor or hospital
·fol'personal injury.If the amount is more than $10,000,indicate whether juris-
dil::tion would rest in Municipal or Superior Court _
a)Amount claimed as of date of·claim:
b)
c)
Estimated amount of any prospective injury,
damage or loss:
Total amount claimed:
• I
$'"q.1-'$.~~O
.tj.
$._--.....;....--
$Q1-6.00------
8.NtJme,address and telephone number of w1tness(es)to the incident:
~~'ANNY u Y --6>ltJ -2 ,~-BF~O
q ~(;~J)fRo fv1 J)/t-c I<t'f.,.A ~(!I-f V[,/t V l5TA ~C/-I
PI/T/flek.6·poweRS (Frl?(cAPl?fII")r;rQ-bf/I-SiJ5"h!1.{47 f ~1i cJ1)tJ.vl~4-ICIf
9.Any additional information that might be helpful in considering this claim:qlqltJ
~tll L /VEt])~XHA()6 i1USfJINqS f/;E/J 7'+S iltfUl<
DatE~II:----------
I hav !rei;ld the statements made in the above claim and I know the same to be true of
my 0'vn knowledge.except as to those matters stated upon information or belief.and as
to su,:h nliatters I believe that same to be true.I certify under penalty of perjury that the
fore£1 Jing is true and correct.
~/zr;/()~
rLJ~Asr:;Ci,4 L L
C-f\S~~
..
i!
"-~.-..
.CllY OF
CHULA VISTA
Fire Department
~,,~
PRIDEATW 0 R K
PATRICK E.POWERS
Fire Captain.'~5b-(S;).~
i(619)691-5055
.fax(619)691-5057
papowers@ti.chula-vista.ca.us
447 F Street
Chula Vista,CA 91910
www.chulavistaca.gov .
.~
tf!
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PICTURE #1,#2,#3
My car hit this 8 inch diameter water main cover verified by the Fire Captain,Patrick E.
Powers (619-6915055).He put cones around the scene and placed sand on the oil spill
where my car finally stopped.I assume that the water main cover was opened prior to
running over it.
PICTURE #4 and #5
As my car hit the water main cover it punctured a hole in the oil pan fir~t.This created
the oil slick on the street that led up the hill.Second,it traveled down a~it the bushing
that holds the exhaust pipe.And lastly,it dented the gas tank which caused the fuel pump
to break.
Our car was repaired except for the bushing that holds the exhaust£Aul .stil!
r,eeets fl1e ,jet..!'1-"1"11-<r~plqa'd t.'r-.jl/)<ecJ.
$~~~~.
507 G AVENUE *NATIONAL CITY,CA 91950
(619)474·0068
SOLD TO:mike rosete PAYMENT SOLD BY DATE,cash damien 05/17106 .
ADDRESS:
CITY:
TEL:(619)9577956
VIN:DEALER#
YEAR 97 _P.O.#
MAKE honda R.O.#
MODEL civic ICOLOR blue/green CONTACT
•DESCRIPTION PRICE
Inspect vehicle*n/e
Replacement fuel pump $175
Replacement fuel pump filter $25
Fix fuel tank**nle.-
Rep!aceoil'pan***·.$150·
****see notes
$410
$60
$350
Date
r-//7 //}OOj,
SPECLALINSTRUCTIONS/NOTES
*vehicle does not start -motor is not getting any fuel
**fuel tank.was inspected and cause ofvehicle not starting is due to the tank being dented and
Braking fuel pump.
***oil pan had large dent and rip
****customer has been advise to has fuel tank replace
An Express Mechanic's Lien is hereby acknowledged on the vehicle described above to
secure the amount ofrepairs thereto.
I herby authorize the above repair work to be done along with the necessary materials.I
hereby grant Solar Eclipse and its employees permission to operate the vehicle described
above on streets,highways,or elsewhere for the purpose.oftesting,inspection,and deliv-
ery.'
06/08/2005 08:57 8588102650 MUZAK soc
$d-L.;~~~.e-.
507 GAVE~,UE *NATIONAL CITY,CA 91950
(1S19)474..0068
PAGE 03/133
A1 TN '.OlA ~()~('UL..
SOLD TO:Mikl Rosm:e
ADDRESS:
CITY:
PAYMENT
estimate
SOLDDY
damien
DATE
O~/07/0Ci
TEL:(619)957··79Sfi
VIN::::::::::::::::::::::==========::;::D:::EA:::L=E:::R#=------~-------.
YEAR 97 P.O.#
MAKE honda R.O.#
MODEL civic
II
$200
$200
Gas tank replal'ement----..-;..---------------+--------1labor
$165LabortoFis.e1.IBUlift system.....;;..--------------------+----------1
SPECIAL INSTRUCTIONS I NOTES.
**estimate**
I herby autbori:ce tit ~above repair work to be done along wi.th the necessary matetials.I
hereby grant 80111I'.iclipllCI and its employees permission to operate the vehicle described
above on st.reets,h:lhwa)'s,or elsewhere for the purpose oftesting.inspection,and deliv-
ery.
An Express Mecb~1 ie's I.ien is hereby acknowledged on the vehicle described above to
secure the amO\1nt :frepairs thereto.
X I Il;:;:.----··-,------------~~-:.---Signature Date
$565
$565
]Acknowledge the relut;B ofmy vehicle and/or the recejpt ofall ordered parts in satisfac-
tory condition
X..._-_,._,--__....:;,_..=.'__
06/08/2006 08:57 8588102550 MUZAK SOC PAGE 01/03
,~nN··~u1(j).n c.~UL.-
:Fl\"",LQloO.-OC6 ~Q
\ru,\-e 1)UClA1-
\'600 -'3\lo -~C()O ~~T Qlo~\
6.a)Description of any property damaged:
ME fJ TI 01--'fj)0r:J L IIJE #'-I
/
/
b)Name of any person(s)injured and descripfn of personal injury:
!
7.Amount claimed if less than $10,000.Be ure to attach invoices or estimates
to verify amount of property damagel.r statement from doctor or hospital
for personal injury.If the amount is ore than $10,000,indicate whether juris-
diction would rest in Municipal or Superior Court _
a)
b)
Amount claimed as of date f claim:
Estimated amount of an prospective injury,
damage or loss:
$Z-OOc)
$0
8.
9.
c)Total amount clai7 :$2-()IJO
Name,address and t(phone number of witness(es)to the incident:..
MANNY u -(0101-21ft,-B~()o AL/iHeH,.(tl-rl/t<IIJ~/~3/b-~el
qBt;;A-DIRoNJ)/t-cl<fLA-CC cJ-/Vt,A V I5TA/elJ
PI/rl?/c £.A wc/.S-rr!?r:c4tor"+rjl/6fq-htf{-7l!).T;t{4?f sTj (NJi-A VI~rA-J4
Any addition t information that might be helpful in considering this claim:q IC(I (,)
Dated:----------
I have read he statements made in the above claim and I know the same to be true of
my own k owledge,except as to those matters stated upon information or belief,and as
to such atters I believe that same to be true.I certify under penalty of perjury that the
forego'g is true and correct.
6-/Zl)/o£,
AGENDA ITEM 4
TYPE MEETING:
SUBMITTED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Asst.GM):
STAFF REPORT
Regular Board I?V bMEETING DATE:
Rita Bell,Fin:~s:~nager1JVr,W.O.lG.F.NO:
Joseph R.Beac~Chief Financial Officer
German A~Assistant General Manager
July 5,2006
DIV.NO.All
SUBJECT:Adopt Resolution No.4083 to Establish the Tax Rate for
Improvement District No.27 (10 27)for Fiscal Year
2006-2007
GENERAL MANAGER'S RECOMMENDATION:
That the Board adopt Resolution No.4083 to establish the tax
rate for Improvement District No.27 (10 27)at $0.007 for
Fiscal Year 2006-2007.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
Each year,tax rates are calculated for improvement districts
with outstanding general obligation bonds to ensure the amount
of tax collections will meet the annual debt service.Currently,
Improvement District No.27 is the only improvement district
with outstanding general obligation debt service.
BACKGROUND:
In December 1992,the District sold $11,500,000 of general
obligation bonds in 10 27 for the construction of the 30mg
reservoir.The District intended to have a maximum tax rate of
$0.10 per $100 of assessed valuation.
With the refinancing of bonds in 1998,the rapid growth in
recent years,and the elimination of the fund deficit,the tax
rate for 10 27 has been reduced several times over the past
years.In Fiscal Year 2006,it was reduced from $0.012 to $0.010
and at this time,the cash balance is sufficient to keep the
fund positive,while reducing the tax rate to $0.007.
FISCAL IMPACT:
The $0.007 tax rate will generate $663,296 in revenue.The
estimated revenue and the current fund balance will meet the
annual debt service payment of $849,385 for 1D 27 and allow the
fund to maintain a positive cash balance for the foreseeable
future.This action also brings this fund balance closer to the
target level of six months of bond payments.
STRATEGIC GOAL:
Through well-established financial policies and wise management
of funds,the District will continue to guarantee fiscal
responsibility to its ratepayers and the community at large.
LEGAL IMPACT:
None.
Attachments:
A)Committee Action Form
B)1D 27 Tables
C)Resolution No.4083
ATTACHMENT A
Adopt Resolution No.4083 to Establish Tax Rates for
Improvement District No.27 (ID 27)for Fiscal Year 2006-
SUBJECT/PROJECT:2007
COMMITTEE ACTION:
The Finance and Administration Committee recommends that the
Board adopt Resolution No.4083 to establish the tax rate for
Improvement District No.27 (ID 27)at $0.007 for Fiscal Year
2006-2007.
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.
F:\DianeA\Staff Rpts 2006\CommMtgID27070506.doc
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Attachment B
IMPROVEMENT DISTRICT 27
History
1989 Improvement District 27 was formed with $100,000,000 bonding authorized.
1992 District issued $11,500,000 in General Obligation Bonds primarily for the construction
ofa 30 million gallon storage reservoir.
1998 District refinanced outstanding debt of$10,900,000.
$498,700 $752,500 ($253,800)$0.08448 $524,884,334
$624,700 $908,100 ($283,400)$0.08648 $640,775,027 22%
$773,800 $907,200 ($133,400)$0.09148 $752,787,671 17%
$1,045,300 $1,398,200 ($352,900)$0.09518 $897,791,556 19%
$1,342,800 $420,600 $922,200 $0.10000 $1,118,547,691 25%
$1,796,000 $844,900 $951,100 $0.10000 $1,539,762,365 38%
$1,628,500 $841,500 $787,000 $0.06000 $2,037,206,308 32%
$570,300 $842,000 ($271,700)$0.02000 $2,809,479,840 38%
$725,085 $848,600 ($123,515)$0.01500 $3,837,693,353 37%
$829,036 $848,700 ($19,664)$0.01400 $5,047,625,296 32%
$997,082 $840,800 $156,282 $0.01200 $6,454,909,846 28%
$1,065,894 $846,485 $219,409 $0.01000 $8,579,576,581 33%
Fund Balance 6/30/06 $1,375,498
$663,296 $849,385 ($186,089)$0.00700 $9,437,534,239
Interest $25,839
Est Fund Balance 6/30/07 $1,215,248
ASSESSED VALUATION
$9,000,000,000
$8,000,000,000
$7,000,000,000
$6,000,000,000
$5,000,000,000
$4,000,000,000
$3,000,000,000
$2,000,000,000
$1,000,000,000
$0
A,Oj~A,Ojfo A,Oj~A,Oj'b A,OjOj A,\::J\::J A,\::J'.A,\::J'V A,\::J""A,~A,\::J~A,\::Jfo
~~~~~~~~~~~~
Attachment C
RESOLUTION NO.4083
A RESOLUTION OF THE BOARD OF DIRECTORS OF
OTAY WATER DISTRICT FIXING TAX RATES FOR
FISCAL YEAR 2006-2007 FOR PAYMENT OF
PRINCIPAL AND INTEREST ON GENERAL OBLIGATION
BONDS OF IMPROVEMENT DISTRICTS (GF 1600)
WHEREAS,California Water Code Section 72091 authorizes the
Otay Water District,as a municipal water district,to levy an ad
valorem property tax which is equal to the amount required to
make annual payments for principal and interest on general
obligation bonds approved by the voters prior to July I,1978.
NOW,THEREFORE,the Board of Directors of the Otay Water
District resolves,determines and orders as follows:
1.Findings.It is necessary that this Board of Directors
cause taxes to be levied in Fiscal Year 2006-2007 for Improvement
District No.27 of the Otay Water District to pay the amount of
the principal and interest on the bonded debt of such improvement
district.
2.Amounts to be Raised by Taxes.The amount required to
be raised by taxation during Fiscal Year 2006-2007 for the
principal and interest on the bonded debt of Improvement District
No.27 is as follows:
Improvement District No.27
3.Tax Rates.The tax rates per one hundred dollars ($100)
of the full value of all taxable property within said improvement
district necessary to pay the aforesaid amounts of principal and
interest on the bonded debt of said improvement district for
Fiscal Year 2006-2007 is hereby determined and fixed as follows:
Improvement District No.27
1
0.007
Attachment C
4.Certification of Tax Rates.Pursuant to Water Cod~
Section 72094,this Board of Directors hereby certifies to the
Board of Supervisors and the County Auditor of the County of San
Diego the tax rates hereinbefore fixed,and said County Auditor
shall,pursuant to Section 72095 of said Code,compute and enter
in the County assessment roll the respective sums to be paid as
taxon the property in Improvement District No.27,using the
rate of levy hereinabove fixed for such improvement district and
the full value as found on the assessment roll for the property
therein,and the Secretary of this Board of Directors is hereby
authorized and directed to transmit certified copies of this
resolution and the Tax Amount and Rate Certificate,Attachment B,
and made a part hereof,to said Board of Supervisors and said
Auditor.
PASSED AND ADOPTED by the Board of Directors of the Otay
Water District at a regular meeting held this 5th day of July,
2006.
Ayes:
Noes:
Abstain:
Absent:
President
ATTEST:
Secretary
2
AGENDA ITEM 5
STAFF REPORT
TYPE MEETING:Regular Board Meeting
SUBMITTED BY:Elaine Henderson,~
MEETING DATE:
W.O.lG.F.NO:
July 5,2006
DIV.NO.All
APPROVED BY:
(Chief)
APPROVED BY:
(Asst.GM):
SUBJECT:
Customer Service Manager
Joseph R..~Chief Financial Officer
German Alvarez,Assistant General Manager
Adopt Resolution No.4078 to Continue Water and Sewer
Availability Charges for District Customers for Fiscal Year
2006-2007 to be Collected through Property Taxes;to Adopt
Verbiage Changes to Clarify Penalty Charges when a Signer
Terminates an Availability Deferral Agreement Prior to its
Expiration Date;and,to Clarify the Process for a Property
Owner to get a Reduced Rate for Land that Meets or Exceeds a
30%Slope.
GENERAL MANAGER'S RECOMMENDATION:
That the Board adopt Resolution No.4078 to continue water and
sewer availability charges for District customers for Fiscal
Year 2006-2007 to be collected through property taxes;to adopt
verbiage changes to clarify penalty charges when a signer
terminates an availability deferral agreement prior to its
expiration date;and,to clarify the process for a property
owner to get a reduced rate for land that meets or exceeds a 30%
slope.(See Attachment C)
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To present for the board's consideration the adoption of
Resolution No.4078 to continue water and sewer availability
charges for District customers for Fiscal Year 2006-2007 to be
collected through property taxes;to adopt verbiage changes to
clarify penalty charges when a signer terminates an availability
deferral agreement prior to its expiration date;and,to clarify
the process for a property owner to get a reduced rate for land
that meets or exceeds a 30%slope.
ANALYSIS:
Annual water and/or sewer availability charges are assessed for
the cost of construction,betterment,operations,and
maintenance of the systems.State Water Code Section 71630-
71637,authorizes the District to assess such availability
charges.The amounts of the charges are unchanged from last
year and new property owners have been notified of the charge.
Attached is the public notice that lists the charges based on
the Improvement District,parcels,and acreage (Attachment B).
Also included in this resolution are some verbiage changes to
clarify penalty charges when a signer terminates an availability
deferral agreement prior to its expiration date.The charges
have not changed;clarifying language has been incorporated
because the original verbiage was vague and confusing.In
addition,clarifying the process for a property owner to get a
reduced rate for land that meets or exceeds a 30%slope
(Attachment C).
FISCAL IMPACT:,:~::J~~~
1
The availability charges,as budgeted,will generate
approximately $1.6 million.
STRATEGIC GOAL:
Financial Health:This revenue source will help the District
meet its fiscal responsibility to its ratepayers.
LEGAL IMPACT:
None.
General Manager
Attachments:
A)Committee Action Form
B)Public Notice
C)Resolution No.4078 strike-thru copy
D)Resolution No.4078 final copy
ATTACHMENT A
Adopt Resolution No.4078 to Continue Water and Sewer
Availability Charges for District Customers for Fiscal Year
2006-2007 and be Collected through Property Taxes;to Adopt
Verbiage Changes to Clarify Penalty Charges when a Signer
Terminates an Availability Deferral Agreement Prior to its
Expiration Date;and,to Clarify the Process for a Property
Owner to get a Reduced Rate for Land that Meets or Exceeds
SUBJECT/PROJECT:a 30%Slope
COMMITTEE ACTION:
The Finance and Administration Committee recommends that
the Board adopt Resolution No.4078 to continue water and
sewer availability charges for District customers for
Fiscal Year 2006-2007 to be collected through property
taxes;to adopt verbiage changes to clarify penalty charges
when a signer terminates an availability deferral agreement
prior to its expiration date;and,to clarify the process
for a property owner to get a reduced rate for land that
meets or exceeds a 30%slope
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.
Attachment B--NOTICE
OF PUBLIC HEARING ON RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT
RELATING TO THE CONTINUATION OF WATER STANDBY ASSESSMENTS OR AVAILABILITY CHARGES
AND SEWAGE STANDBY ASSESSMENTS OR AVAILABILITY CHARGES FOR FISCAL YEAR 2006-2007
(A)Notice is hereby given that the Board of Directors of the Otay Water District intends to adopt a Resolution to continue
water standby assessments or availability charges for fiscal year 2006-2007 and will conduct a public hearing on Wednesday,July 5,
2006,at 3:30 p.m.in the District Boardroom,2554 Sweetwater Springs Boulevard,Spring Valley,California,at which time the Board shall
hear and consider all public objections or protests,if any,to said assessment or availability charges,and may adopt,revise,change,
reduce,or modify any assessment or charge;provided,however,in no case may the Board increase any charge above $30.00 per year
per acre of land,or $10.00 per year per parcel of land less than one acre.Written protest may also be mailed to the above address.
The water standby assessments or availability charges for fiscal year 2006-2007 are to be assessed on land within the District as follows:
Improvement
District Area/Location
Charge per year per acre for
parcels one acre ormore
Charge peryear for a parcel
less than one acre
$3.00*
$10.00*
$10.00*
$10.00*
$10.00*
$10.00*
$10.00*
$10.00*
$10.00*
$10.00*
$10.00*
$10.00'
$10.00'
$10.00*
$3.00*
$10.00*
$30.00*
$30.00*
$10.00*
$30.00'
$30.00'
$30.00'
$30.00*
$30.00*
$30.00*
$30.00*
$30.00*
$10.00*
La Presa/Spring Valley
.Steele Canyon/Hwy 94
HilisdaleNista Grande/Hidden Mesa
Southwestern College Estates
Otay Mesa
Jamul
Chula Vista
Proctor Valley/Jonel/San Miguel
Rancho San Diego
Rancho Del Rey/Eastlake/Bonita Long Canyon
Dictionary Hill north of Eucalyptus Ave.
Property outside ID 22
Land outside an Improvement District
Land outside an Improvement District and
greater than one mile from District facilities
La Presa No.1
2
3
5
7
9
10
19
20
22
25
27
It is proposed that such assessments or charges would be reduced for land in officially designated permanent open space areas,
agricultural preserves,designated floodplain,and for land exceeding 30%in slope.It is proposed further that land located in a designated
floodway or within a designated vernal pool area;land owned by tax-exempt organizations which is only used to protect the natural habitat
of rare species;and land located outside of the boundaries of the San Diego County Water Authority and the Metropolitan Water District is
exempt from such charges.
(B)The District also intends to continue sewage standby assessments or availability charges for said fiscal year to be
assessed on all land within Improvement Districts No.14, 18,and Assessment District NO.4 (Hillsdale)as follows:
Improvement
District Area/Location
Charge per year per acre for
parcels one acre ormore
Charge per year for a parcel
less than one acre
14
18
AD-4
Calavo Gardens
Hillsdale &Avocado Village
Hillsdale
$30.00*
$30.00*
$30.00'
$10.00*
$10.00'
$10.00*
It is proposed that such assessments or charges would not apply to land in officially designated permanent open space areas,in a
designated floodway or floodplain,or to land exceeding 30%in slope.
(C)The charges to be assessed are set forth in detail in Resolution No.4078,copies ofwhich are available at the offices of
the District,2554 Sweetwater Springs Boulevard,Spring Valley,California.
(D)
purposes.
The fees shall be used for construction costs for betterment of the system and other operations and.maintenance
Dated:May 17,2006
Susan Cruz
District Secretary
Otay Water District
Attachment C
Excerpt of Resolution No.4078
Strike-thru Copy ofPages 3,6 and 7 ofthe Original Resolution
RESOLUTION NO.4078
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE OTAY WATER DISTRICT FIXING WATER
AND SEWER AVAILABILITY CHARGES FOR
FISCAL YEAR 2006-2007 (FN 2851)
1.SCHEDULE OF WATER CHARGES
(B)Modifications.The charges provided for in subparagraphs (1)
through (4)in (A)above shall be modified where the property does not receive
water from the District as follows:
(4)where a parcel of land or portion thereof exceeds a 30%
slope,and where such is not within a legal subdivision,lot-
split or planned residential development,the charge for the
slope portion shall be $3.00 per acre,or if such a parcel is
less than one acre and more than one-half of the area
exceeds 30%slope,$3.00 for the parcel,provided the owner
files with the District proof,satisfactory to the District,that
said parcel of land or portion thereof meets or exceeds the
"
slope.":"
3.DEFERRALS.
(C)Deferred Charges on Restricted Parcels,Criteria.The levy of the
charge may be deferred annually as to any parcel of land which meets each of
the following criteria:
(a)The owner of such parcel makes a timely application
requesting deferral of the charge.
(b)The parcel,which is the subject of the request,will become
subject to enforceable restrictions which prohibits the
connection to the District sewer system or use of water on
the parcel,except by means of natural precipitation or runoff;
provided,however,if considered appropriate by the General
Manager,local water may be used for limited domestic stock
watering and irrigation uses.
(c)The owner executed a recordable agreement which includes
provisions that:
(1)set forth the enforceable restrictions pertinent to the
subject parcel;
(2)the agreement may be terminated upon written
request by the owner and payment of all deferred
water and/or sewer availability charges,plus interest
thereon,compounded annually,and accruing at the
legal rate from the date such charges would have
been otherwise due and payable;
(3)no water and/or sewer service from the District shall
be provided to such parcel for a period of ten (10)
years after the total amount due for the charges
deferred,plus annually compounded interest,is paid
in full to the District.unless a surcharge penalty as
described below is paid to the District prior to
connection of any water and/or sewer service;;
(4)if the surcharge is not paid.during the ten (10)y~ar
period,while water and/or sewer service is not
available to the subject land,the owner paysshall pay
all annual water or availability charges as fixed;and
(5)contains such other provisions considered by the
General Manager to be appropriate.
(0)Surcharge.Upon termination of the deferral agreement,an
owner may elect to receive water and/or sewer service prior to the
expiration of the ten (10)year penalty period upon payment of a
surcharge.The surcharge shall be equal to the amount of the annual
water and/or sewer availability charges fixed for the parcel(s)of land in the
year of election to receive water and/or sewer service multiplied by the
number of years remaining of the ten (10)year penalty period.This sur-
charge shall also apply wf:le-Fe-lLa property owner develops a f3roperty
parcel that is subject to which has a deferral agreement without notice to
termination of said agreementtAe Distri-Gt.
Attachment D
RESOLUTION NO.4078
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
OTAY WATER DISTRICT FIXING WATER AND SEWER
AVAILABILITY CHARGES FOR FISCAL YEAR 2006-2007
(FN 2851)
WHEREAS,the Otay Water District (herein "District")is a member of the San
Diego County Water Authority and the Metropolitan Water District of Southern California
and,as a member,the District is entitled to purchase water for distribution within the
District and water so purchased is available to property in the District,that is also within
the San Diego County Water Authority and the Metropolitan Water District of Southern
California,without further need for annexation to any agency;and
WHEREAS,Improvement Districts No.14 and 18 and Assessment District NO.4
(Hillsdale)have been formed within the Otay Water District (herein "District")and
sanitary sewers have been constructed and sewer service is available to land within
each of the said districts;and
WHEREAS,in consideration of the benefit that water availability confers upon
property within the District,and in further consideration of the need for revenue to pay
the cost of water storage and transmission facilities which directly and specially benefit
property within the District,it is hereby determined that water availability charges be
fixed and established;and
WHEREAS,in consideration of the benefit which sewer availability confers upon
property within Improvement Districts No.14 and 18 and within Assessment District No.
4 (Hillsdale),and in further consideration of the need to pay the cost of sanitary sewers
which directly and specially benefit those properties,it is hereby determined that sewer
availability charges be fixed and established for Improvement Districts No.14 and 18
and Assessment District NO.4 (Hillsdale).
1
Attachment D
NOW,THEREFORE,the Board of Directors of the Otay Water District resolves,
determines and orders as follows:
1.SCHEDULE OF WATER CHARGES
(A)Water availability charges are hereby fixed and established for Fiscal Year
2005-2006 as follows:
(1)In Improvement Districts NO.5 and La Presa NO.1 the charge shall
be $10.00 per acre of land and $10.00 per parcel of land less than
one acre.
(2)In Improvement Districts No.2,3,7,9,10, 19,20, 22,25 and 27
the charge shall be $30.00 per acre of land and $10.00 per parcel
of land less than one acre.
(3)For land located outside an improvement district and within one
mile of a District water line,the charge shall be $10.00 per acre of
land and $10.00 foreach parcel less than one acre.
(4)For land located outside an improvement district and greater than
one mile from District facilities,the charge shall be $3.00 per acre
of land and $3.00 for each parcel less than one acre.
(B)Modifications.The charges provided for in subparagraphs (1)through (4)
in (A)above shall be modified where the property does not receive water from the
District as follows:
(1)where a parcel of land or a portion thereof is within an open space
easement approved by San Diego County,the charge for such
parcel or portion thereof shall be fifty percent (50%)of the charge
determined pursuant to paragraph (A),provided the owner files with
the District proof,satisfactory to the District,that said parcel of land
or portion thereof is within such a designated permanent open
space area;
2
Attachment D
(2).where a parcel of land or portion thereof is in an agricultural re-serve
under a Land Conservation Contract with the County of San Diego,
pursuant to the Land Conservation Act of 1965 as amended,the
charge for such parcel shall be $3.00 per acre,provided the owner
files with the District proof,satisfactory to the District,that said
parcel of land or portion thereof is within such an agricultural
preserve;
(3)where a parcel of land or a portion thereof is within an area
designated as a floodplain by the County of San Diego,the charge
for such a parcel or portion thereof shall be $3.00 per acre,pro-
vided the owner files with the District proof,satisfactory to the Dis-
trict,that said parcel of land or portion thereof is within such
designated floodplain;and
(4)where a parcel of land or portion thereof exceeds a 30%slope,and
where such is not within a legal subdivision,lot-split or planned
residential development,the charge for the slope portion shall be
$3.00 per acre,or if such a parcel is less than one acre and more
than one-half of the area exceeds 30%slope,$3.00 for the parcel,
provided the owner files with the District proof,satisfactory to the
District,that said parcel of land or portion thereof meets or exceeds
the slope.
(C)Exceptions.The charges provided for in (A)and (B)above shall not apply
to the following:
(1)land located within an area designated as a floodway by the County
of San Diego;
3
Attachment D
(2)..land designated as a vernal pool area by a governmental agency
authorized to make such a designation and which designation
prohibits use of such area for any purpose;
(3)land owned by non-profit,tax-exempt conservation organizations
specializing in identifying and protecting the natural habitat of rare
species;or
(4)land that is located within the boundaries of the Otay Water District
but not within the boundaries of the Metropolitan Water District of
Southern California and the San Diego County Water Authority.
2.SCHEDULE OF SEWER CHARGES
(A)Sewer standby assessment or availability charges are hereby fixed and
established for Fiscal Year 2005-2006 as follows:
(1)In Improvement Districts No.14,18 and Assessment District NO.4
(Hillsdale).the charges shall be $30.00 per acre of land and $10.00
per parcel of land less than one acre;provided that such charges
shall not apply to the following:
(a)any portion of a parcel which is undeveloped and maintained
in its natural state within an Open Space Area as a re-
quirement under the San Diego County General Plan,
provided the owner of such parcel files proof,satisfactory to
the District,of such designed Open Space Area;
(b)any portion of a parcel located within an area designated by
the County of San Diego as a floodway or floodplain;or
(c)any portion of a parcel of land which exceeds a slope of 30%
and which is not within a legal subdivision,lot split or
planned lot split or planned residential development.
3.DEFERRALS.
4
Attachment D
(A)Deferral of Charge,Purpose.Situations may arise when an ownefr of a
parcel of land does not use and has no present intention of using water and/or sewer
provided by the District on a parcel of land,as defined in Section 4.The purpose of this
section is to permit an evaluation by the District,on a case-by-case basis,of the
circumstances which pertain to such situations to determine whether a deferral of
charges should be approved according to the terms and conditions herein provided.
Any owner of a parcel of land who believes that the amount of the water and/or
sewer availability charges fixed against such parcel should be deferred may file an
application with the District for deferral of the charge,as follows:
(a)Application.The application shall include a statement describing
the circumstances and factual elements which support the request
for deferral.
(b)The General Manager shall consider the request within sixty (60)
days after the filing of a completed application.If the application for
deferral meets the established criteria,the General Manager may
decide whether to approve the request and order the charge
deferred accordingly.If the request is denied,the applicant shall be
notified in writing stating the reasons for the denial.
(B)Appeal to Board of Directors.If the General Manager denies a request,
the owner may file an appeal with the Board of Directors within sixty (60)days after
such denial.No new application for deferral need be considered by the General Man-
ager until expiration of twelve (12)months from the date of a denial,unless differently
directed by the Board of Directors.
(C)Deferred Charges on Restricted Parcels,Criteria.The levy of the charge
may be deferred annually as to any parcel of land which meets each of the following
criteria:
5
6
Attachment D
Attachment D
(5)contains such other provisions considered by the General
Manager to be appropriate.
(D)Surcharge.Upon termination of the deferral agreement,an owner
may elect to receive water and/or sewer service prior to the expiration of the ten
(10)year penalty period upon payment of a surcharge.The surcharge shall be
equal to the amount of the annual water and/or sewer availability charges fixed
for the parcel(s)of land in the year of election to receive water and/or sewer
service multiplied by the number of years remaining of the ten (10)year penalty
period.This surcharge shall also apply if a property owner develops a parcel that
is subject to a deferral agreement without termination of said agreement.
(E)Enforcement Procedures.In order to insure that terms and conditions of
the recordable agreement are being met,the General Manager shall:
(1)Maintain a record of all parcels approved for deferral of the water
assessments or availability charges.
(2)Report to the Board of Directors any instances where the terms of
the agreement are being violated.
(3)Take such other actions or procedures considered appropriate.
4.DEFINITION OF PARCEL.The term "parcel"as used herein shall mean a parcel
of land as shown on the assessment rolls of the County Assessor of San Diego County
as of March 1,2006.
5.NOTICE TO THE BOARD OF SUPERVISORS AND AUDITOR.On or before the
third Monday in August,2006,the Secretary of this District shall furnish,in writing to the
Board of Supervisors of San Diego County and to the County Auditor,a description of
the land within the District upon which availability charges are to be levied and collected
for Fiscal Year 2006-2007 together with the amount of the assessments or charg~s.At
the time and in the manner required by law for the levying of taxes for county purposes,
the Board of Supervisors shall levy,in addition to taxes it levies,water and/or sewer
7
Attachment D
availability charges in the amounts fixed by this Resolution for the respective parcels of
land described in Section 1 of this Resolution.All County officers charged with the duty
of collecting taxes shall collect the charges with the regular property tax payments in the
same form and manner as County taxes are collected.Such availability charges are a
lien on the property with respect to which they are fixed.Collection of the charges may
be enforced by the same means as provided for the enforcement of liens for state and
county taxes.
6.CERTIFIED COPIES.The Secretary of this District shall deliver certified copies
of this Resolution to the Board of Supervisors and to the Auditor of San Diego County
with the list of charges described in Section 4 above.
7.CORRECTIONS.The General Manager of the District is hereby authorized to
correct any clerical error made in any assessment or charge pursuant to this Resolution
and to make an appropriate adjustment in any assessment or charge made in error.
PASSED,APPROVED AND ADOPTED by the Board of Directors of the Otay
Water District at a regular meeting duly held this 5th day of July,2006.
President
ATTEST:
Secretary
8
AGENDA ITEM 6
STAFF REPORT
AllDIV.NO.
July 5,2006MEETINGDATE:
W.O.lG.F.NO:
Regular Board
Kelli Williamso~~
Human Resources Manager~
Rom Sarno,
Chief,Administrative S,.ces
Ger~ez,;
Assis '1General Manager,Finance and Administration
1.Approve Revisions to the Certificate Incentive Program;
2.Ratify One Memorandum of Understanding (MOU)Side Letter;
3.Adopt Resolution #4084 to Revise the Drug Free Workplace
Board Policy #22
4.Adopt Resolution #4086 to Revise the Employee Recognition
Program Board Policy #2
SUBMITTED BY:
SUBJECT:
APPROVED BY:
(Chief)
APPROVED BY:
(Asst.GM):
TYPE MEETING:
GENERAL MANAGER'S RECOMMENDATION:
That the Board:
1.Approve Revisions to the Certificate Incentive Program,
effective 7/1/06;
2.Ratify the Memorandum of Understanding (MOU)Side Letter
for In-Range Adjustments;
3.Adopt Resolution #4084 to Revise the Drug Free Workplace
Board Policy #22;and
4.Adopt Resolution #4086 to Revise the Employee
Recognition Board Policy #2
COMMITTEE ACTION:
See Attachment "Au.
PURPOSE:
To request the Board approve revisons to the Certificate
Incentive Program,Ratify one MOU Side Letter Agreement,and
Adopt Resolutions #4084 and #4086 to Revise the Drug Free
Workplace and Employee Recognition Board Policies.
Drug Free Workplace Board Policy #22 (Attachment D)
The District implemented a Drug Free Workplace in 1990.The-
last update was in 1992.Staff worked with Legal Counsel to
conduct a complete review and rewrite of this policy which has
been revised to better reflect the District's zero tolerance for
drug and alcohol use in the workplace.
This revised policy expands the random drug testing to include
all District staff who perform safety sensitive functions.The
current policy only applies to those employees who fall under
the Department of Transportion (DOT)Policy which is currently
approximately 25 positions.This expansion includes an
additional approximately 88 positions where employees operate
any assigned District vehicle or equipment;perform high voltage
electrical work,work in confined spaces,and management
employees.
Because the new policy applies to many new employees who were
not previously required to submit random testing,at the request
of the employee association,the District has agreed to allow a
30 day period for employees to come forward who may require
treatment.If the employee does not have any vacation or sick
accruals,the District would provide the employee with
compensation for the difference between State Disability
earnings and the employee's regular paycheck for a period not to
exceed 20 business days.
Resolution #4084 (Attachment E)
To revise the Drug Free Workplace Board Policy #22,it is
requested that the Board of Directors adopt Resolution #4084 in
support of the revisions to the Policy.
Employee Recognition Program Board Policy #2 (Attachment F)
To update the Employee Recognition Board Policy #2 to better
reflect a Board policy statement regarding the Employee
Recognition Programs.Employee Recognition Programs are
promulgated through Human Resources Policies and Procedures.
Resolution #4086 (Attachment G)
To revise the Employee Recognition Program Board Policy #22,it
is requested that the Board of Directors adopt Resolution #4086
in support of the revisions to the Policy.
FISCAL IMPACT:~7
The approximate FYO~i:Impact is as follows:
Certificate Incentive Program -$9,600
MOD Side Letter for In Range Adjustments -$17,300
Drug Free Workplace -$3,000
3
While approximately $5,000 of these items are included in the
FY07 budget,the remaining $24,900 will need to be funded from
budget savings in other areas.
GenerAl Manager
ATTACHMENTS
Attachment A,Committee Action
Attachment B,Certificate Incentive Program
Attachment C,MOD Side Letter Regarding In-Range Adjustments
Attachment D,Drug Free Workplace Board Policy #22
Attachment E,Resolution #4084 to Revise the Drug Free Workplace
Board Policy #22
Attachment F,Employee Recognition Program Board Policy #2
Attachment G,Resolution #4086 to Revise the Employee
Recognition Program Board Policy #2
4
SUBJECT/PROJECT:
ATTACHMENT A
1.Approve Revisions to the Certificate Incentive
Program,effective 7/1/06;
2.Ratify the Memorandum of Understanding (MOU)Side
Letter for In-Range Adjustments;
3.Adopt Resolution #4084 to Revise the Drug Free
Workplace Board Policy #22;and
4.Adopt Resolution #4086 to Revise the Employee
Recognition Program Board Policy #2
COMMITTEE ACTION:
The Finance/Administration Committee met on June 19,2006
supports Staff's recommendations to:
1.Approve Revisions to the Certificate Incentive Program,
effective 7/1/06;
2.Ratify the Memorandum of Understanding (MOU)Side Letter
for In-Range Adjustments;
3.Adopt Resolution #4084 to Revise the Drug Free Workplace
Board Policy #22;and
4.Adopt Resolution #4086 to Revise the Employee
Recognition Program Board Policy #2
NOTE:
The "Committee Action"is written in anticipation of the
Committee moving the item forward for board approval.This
report will be sent to the Board as a committee approved item,
or modified to reflect any discussion or changes as directe0
from the committee prior to presentation to the full board.
ATTACHMENT B
III OTAY WATER DISTRICT ~
~l1I1iJ.'ll\HUMAN RESOURCES PROCEDURES ~~$II'Ct'1~§'~-tr6'(~"
Subject:Date Date
Adopted Revised
BASE PAY AND CERTIFICATION INCENTIVE PLAN
06/15/94 07/01/06
I.PURPOSE
The Otay Water District's Base Pay and Certification Incentive Plans are to establish the
compensation rate that eligible District employees shall receive for obtaining approved
certification and to attract and retain qualified employees.This procedure implements the
Base Pay and Certifications Incentive Plan of Board Policy Number 2,the District's
Employee Recognition Programs.
II.ELIGIBILITY
There are two programs for which full-time,regular &probationary employees in eligible
classifications can participate.Eligible employees can participate in only one of the
following programs:
Employees in the following classifications are eligible for the Base Pay Incentive Plan:
•Recycled Water Distribution Operator III
•Reclamation Plant Operator III
•Reclamation Plant Supervisor
•Water Systems Operator III
•Water Systems Crew Leader
•Water Systems Supervisor
Employees in eligible classifications can participate in the Certification Incentive Plan.
See Attachment A for a list of eligible classifications.List will be updated periodically as
approved by the General Manager.
III.PROCEDURES
A.Base Pay Incentive Plan
The Base Pay Incentive Plan is a compensation incentive program available for
eligible classifications.As set forth below,once an employee in an eligible
classification receives the target certification,hislher base pay compensation will be
increased by the percentage listed below.
1 of 4
Eligible Position Target Certification Base pay Increase
Recycled Water Water Distribution Grade IV 2.5%for each certification
Distribution Operator III orV obtained (for a maximum of 5%)
Reclamation Plant Wastewater Treatment Grade 2.5%for each certification
Operator III IVorV obtained (for a maximum of 5%)
Reclamation Plant Wastewater Treatment Grade 3%
Supervisor V
Water Systems Operator Water Distribution Grade IV 2.5%for each certification
III orV obtained (for a maximum of 5%)
Water Systems Crew Water Distribution Grade IV 2.5%for each certification
Leader orV obtained (for a maximum of 5%)
Water Systems Water Distribution Grade V 3%
Supervisor
The percentage increase will be added to the eligible employee's base pay even if the
employee is at the maximum of his/her pay grade.The base pay percentage increase
is never to exceed five (5)percent.
B.Certification Incentive Plan
Employees in eligible classifications shall receive a monetary incentive in the amount
specified below for obtaining each Certificate of Competence listed below,provided
the Certificate exceeds the minimum job requirement for the employee's current job,
or is directly related to the employee's current job.
1.Eligible Certificates
a.California Water Environment Association Certification (CWEA)
•Collection System Maintenance
•Laboratory Analyst
•Environmental Compliance Inspector
•Industrial Waste Treatment Plant Operator
•Electrical/Instrumentation Technologist
•Mechanical Technologist
b.State of California Department of Health Services
•Water Treatment Operator
•Water Distribution Operator
c.State of California Water Resources Control Board
•Wastewater Treatment Plant Operator
d.American Water Works Association Certification (AWWA-California-Nevada
Section)or American Backflow Prevention Association (ABPA)
•Backflow Prevention Assembly Tester ($150)
•Cross Connection Control Program Specialist ($150)
20f4
2.Incentive Amount
Grade I
Grade II
Grade III
Grade IV
Grade V
$150.00
$200.00
$250.00
$300.00
$500.00
C.Administrative Procedures
Base Pay Incentive Plan
1.The employee must complete the "Base Pay and Certification Incentive Approval
Form"and obtain the signatures of his/her supervisor or manager and
Department Chief prior to taking the exam and receiving compensation.The
immediate supervisor and/or Department Chief will review the employee's
requested incentive to ensure that it meets the guidelines.
2.Once the approval form is complete,the employee must turn in the following
documents to Human Resources in order to receive the Base Pay Incentive:
a)Base Pay and Certification Incentive Approval Form
b)A copy of the actual certificate(s)for which he/she is requesting the
incentive.Showing proof of passing the certification exam will not
satisfy this requirement.
3.Human Resources will ensure all necessary signatures have been obtained and
will forward a copy of the approval form to Payroll along with a Personnel Action
Form.
4.The Base Pay Incentive will be effective the beginning of the pay period following
the date the employee submits the certificate to Human Resources.Retroactive
pay will not be processed for prior pay periods due to submitting the form late.
5.Human Resources will place a copy of the certificate in the ~mployee's
personnel file and update the electronic file in the HRIS system.
6.If the employee is unable to maintain his/her certification his/her Base pay
Incentive will be revoked.
Certification Incentive Plan
1.The employee must fill out the "Base Pay and Certification Incentive Approval
Form"and obtain the signatures of his/her supervisor or manager and
Department Chief prior to taking the exam or receiving compensation.The
immediate supervisor and/or Department Chief will review the employee's
requested incentive to ensure that it meets the guidelines.
30f4
2.Once the approval form is complete,the employee must turn in the following
documents to Human Resources in order to receive the Certification Incentive:
a)Base Pay and Certification Incentive Approval Form
b)A copy of the actual certificate(s)for which he/she is requesting
compensation.Showing proof of passing the certification exam will not
satisfy this requirement.
3.Human Resources will ensure all necessary signatures have been obtained and
will forward a copy of the approval form to Payroll.A Personnel Action Form will
not be needed for the payment of the Certification Incentive.
4.Payroll will process a check for the Certification Incentive and will provide the
check to the employee's immediate supervisor.
5.Human Resources will place a copy of the certificate in the employee's
personnel file and update the electronic file in the HRIS system.
D.Certificate Reimbursement
For reimbursement of certificate exams and related fees,see the Human Resources
Education/Certificate Reimbursement Policy &Procedure.
4of4
Certificate Incentive Matrix
ATIACHMENTA
ATIACHMENTB
Recycled Water Dist.Oper.I
AWWA Backflow Prevent.Ass.
General Tester wlin 2 yrs ofappt.
Lab Analyst,Wastewater Treatment Plant Operator,Water
Treatment Operator,&Water Distribution.Current requirements need to be revised.
Lab Analyst,Wastewater Treatment Plant Operator,Water
Treatment Operator &Water Distribution ifgrade is higher
than required.Currentrequirements need to be revised.
Water Treatment Operator,Lab Analyst,Water Distribution if
rade is higher than required Collect samples &analysis in field
Lab Analyst I desired,Collection System Maint.
Tech III desired.Will need to revise to require the
Lab Anal st,Collection System Maintenance WW 4.
Recycled Water Dist.Oper.II
Recycled Water Distr.Operator III
Reclamation Plant Operator I
Reclamation Plant Operator II
Reclamation Plant Operator III
Reclamation Plant Supervisor
WSOI
0-1 wlin 2 yrs of appt,AWWA Cross
Connection Specialist
0-2 wlin 2 yrs of appt;Cross
Connection Specialist
WW Treat.Plant Op I wlin 36 mos of
appt.
WW Treat.Plant Op II
WW Treat.Plant Op.III
WW Treat.Plant Op III,IV wlin 1yrof
appt.
0-1
Lab Anal st,WW Treatment,Water Treatment
Lab Analyst,Collection System Maintenance,Wastewater
Treatment Plant Operator if grade is higher than required.
Lab Analyst,Collection System Maintenance,Wastewater
Treatment Plant Operator ifgrade is higher than required.
Lab Anal st,Collection System Maintenance
Need to revise.
Current requirements need to be revised.
Current requirements need to be revised.
Current requirements need to be revised.
.WSO II
WSOIII
0-2
0-3
Water Treatment Operator,Lab Analyst &Water Distribution
ifgrade is higher than required.Collect samples &analysis in field
Water Treatment Operator,Lab Analyst
WS Crew Leader
WS Supervisor
Valve Maint.Worker
Asst.Disinfection Tech
Disinfection Tech
Water Stems Tech
0-3
0-11;Water Treatment Plant II
none
0-2 &Water Treatment Cert.II (CA
DHS)
0-3 &Water Treatment Cert III (CA
DHS
AWWA Cross Connection Control
S ecial.
Water Treatment Operator,Lab Analyst
Lab Analyst
Water Distribution Operator
Lab Analyst,Water Distribution &Water Treatment if grade
higherthan required.
Lab Analyst,Water Distribution &Water Treatment ifgrade
higherthan required.
Collection S stems Maintenance
Job description is currently being revised.Revision
is requiring 0-4;0-5 highly desirable,Cross
Connection Specialistwlin 1 yr of appt or
immediately?Still ending.
0-1 Desirable
revised 2006 (they take samples)
They take water samples
CWEA Collection SystemMaint.Technician any
level desired
Sr.Utility Worker/Equip.Op
UtilityI
Utility "
Utility Crew Leader
Lab Analyst I
Lab Analyst"
MM/CC Worker I
none
none
CWEA Collection System Main!.Tech
I required if ee is assigned to reclam.
Plant on long-term basis
none
none
CWEAlAWWA Lab Analyst"
none
D-1 Desirable,Collection System Maint.Tech.I
Water Distribution Operator,Collection System Maintenance desirable
D-1 Desirable,Collection System Main!.Tech.I
WaterDistribution Operator,Collection System Maintenance desirable
Water Distribution Operator,Collection System Maintenance
if not a requirement of the assignment.D-1 Desirable
Water Distribution Operator,Collection System Maintenance D-2 Desirable;Collection System Maint.I desired.
Water Treatment Operator,WastewaterTreatment Plant Lab Analysts collect samples.CWEA Lab Analyst
Operator,Lab Analyst Certificate desired.
WaterTreatment Operator,Wastewater Treatment Plant
Operator,Lab Analyst ifgrade is higher than required
Backflow Prevention AssemblyTester,Cross Connection
Control Program S ecialist,Water Distribution Operator
MM/CC Worker"
Lead MM Cross Connection Worker
Pump Mechanic I
Pump Mechanic"
Electrician/Instrumentation Tech
Sr.SCADA/Instrumentation Tech
Equipment Mech.I
Equipment Mech."
Welder I
Welder"
AWWA Cross Connection Control
Specialist or Certificates recognized
by the SD County Health or State
Health Dept.
AWWA Backflow Tester Cert w/in 2
yrs of app!.
none
CWEA Plant Main!.Grade I
CCST (Certified Control System
Technician)Cert I
CCST (Certified Control System
Technician)Cert "
Air Brake Cert
Air Brake Cert
none
none
Backflow Prevention Assembly Tester or Water Distribution
Operator
Cross Connection Control Program Specialist,Water
Distribution Operator
Water Distribution Operator,Collection System
Maintenance,CWEA Plant Maintenance,
Electrical/Instrumentation Technologist and Mechanical
Technologist
Water Distribution Operator,Collection System
Maintenance,CWEA Plant Maintenance grade ifhigher than
requirement,Electricaillnstrumentation Technologist and
Mechanical Technologist
Electrical/Instrumentation Technologist
Electrical/Instrumentation Technologist
none for now
none for now
Water Distribution Operator
Water Distribution Operator
last revised 10/99
AWWA Cross Connection Control Program
Specialist desired
State of CA Electrical Apprenticeship Cert.of
Completion desired.
welding on pipelines
2
Electrician I
Electrician II
Asst.Surve Tech
Survey Technician
Engineering Tech I
Engineering Tech II
Engineering Tech III
Construction Inspector I
Construction Inspector II
Jr.Civil Eng
Asst.Civil Eng
none
none
none
none
none
none
none
D-1
D-2;AWWACross Connect Control
Specialist Cert.w/in 18 months.
none
EIT Cert.
Water Distribution Operator
Water Distribution Operator
Water Distribution Operator
Water Distribution Operator
Water Distribution Operator
Water Distribution Operator
Water Distribution Operator
Water Distribution ifgrade is higherthan required;AWWA
Cross Connect Control Specialist Cert.;Wastewater
Treatment Cert.
Water Distribution ifgrade is higherthan required;
Wastewater Treatment Cert.
Water Distribution Operator
Water Distribution Operator
State ofCA Electrical Apprenticeship Cert.of'
Completion desired.
State ofCA Electrical Apprenticeship Cert.of
Completion desired.
Certificate ofWater District Associate Grade I
desired;EIT desired
The read bacteriological testing.
They read bacteriological testing.
Check with Engineering management on
Engineering series.
Associate Civil Eng.
Professional Civil Eng.Registration in
anystate and a PE from CA w/in 1 r.Water Distribution Operator
Check with Engineering management on
Engineering series.
Sr.Civil Eng.
Facilities Maint.Tech
Building Maint.Asst.
CS Field Re 111I
GIS Technician
Business Systems Analyst
Network Anal st
Professional Civil Eng.Registration in
any state and a PE from CA w/in 1 r.
none
none
none
none
none
none
Water Distribution Operator
Water Distribution Operator
Water Distribution Operator
n/a
n/a
n/a
n/a
Check with Engineering managementon
Engineering series.
they deal with pump stations (plumbing)
they deal with pum stations (plumbin )
3
ATTACHMENT C
SIDE LETTER AGREEMENT
The current five-year Memorandum of Understanding (MOU)for the period from July 1,2003
through June 30,2008,between the Otay Water District (District)and the Otay Water District
Employees Association (Association)is hereby amended.Management and employee
representatives have met and agreed to the following additional provisions which,upon
approval of the Board of Directors at the July 5,2006 Board meeting,shall constitute an
amendment to the MOU,as follows:
1.The District and the Association hereby enter into this side agreement,which shall be
considered an amendment to the Memorandum of Understanding in effect from July 1,
2003 to June 30,2008.This side agreement shall expire with the Memorandum of
Understanding.
2.Summary:
a.Move all full-time and part-time regular employees (not on probation as of July 1,
2005)from March 1st to September 1st In Range Date,Section 3,B.
b.Chart to place newly hired employees or employees on probation as of July 1,
2005 on the September 1st In Range Date Cycle,Section 3,C1.
c.Update performance evaluation date for promoted employees,Section 3,C2.
3.The District submits the following proposal for Article 4,Section 3,SALARY
ADJUSTMENT WITHIN RANGE:
ARTICLE 4 -WAGES
ARTICLE 4,SECTION 1:WAGES
A.WAGES:Wages for employees covered by this MOU during its term shall be as provided on
Appendix "A."
B.ADmSTMENTS:The District may,at its discretion,increase compensation for employees covered
by this Memorandum ofUnderstanding.Prior to implementing any increase(s),the District shall
notify the Association and,ifthe Association requests it,discuss the increase with the Association in
a non meet-and-confer forum.The decision to grant an increase and the amount thereofmay not be
grieved under the Grievance Procedure ofthis Memorandum ofUnderstanding.Nothing in this
section shall be construed to require the District to negotiate the decision to grant an increase or the
amount thereof.
ARTICLE 4,SECTION 2:PAYROLL PERIOD;PAY DATES.The payroll period extends over fourteen
(14)calendar days.Paychecks shall be issued biweekly in payment ofwages earned during thepreceding
payroll period.
ATTACHMENT C
ARTICLE 4,SECTION 3:SALARY ADJUSTMENT WITHIN RANGE.This provision applies to eligible
employees as provided in this section.
A.Amount of In-Range Adjustment:An annual in-range salary adjustment may be granted in the
amount of three percent (3%).Ifthe employee's salary is less than three percent (3%)below the
maximum ofhis/her position on the salary range,the adjustment shall be in an amount sufficient to
place the employee at the top ofthe salary range.However,in no event shall this adjustment result in
the employee's salary exceeding the salary range for the employee's classification.
B.Transition to Standardized September 1 In-Range Adjustment Date:During the period July 1,2006
through June 30,2007 an employee with a March 1,2007 in-range adjustment date shall have
his/her in-range adjustment date adjusted to September 1,2006 and be eligible to receive a
maximum of3%based on the number ofquarters in the June 30,2006 review period in accordance
with the chart in Section Cl.Thereafter September 1 will be the employee's In-Range Adjustment
Date.
C.In-Range Adjustment Date (this section shall be operative July 1,2006):
1.Newly hired employees or employees who have not completed probation as ofJuly 1,2005:
a.Newly hired employees or employees who have not completed probation as ofJuly 1,2005
shall be eligible for the first in-range adjustment upon completion ofprobationary period.
Thereafter,September 1 will be the employee's In-Range Adjustment Date according to the
following chart:
1st In-Range 2nd In-Range Number of Eligible %for
Increase Increase Quarters in the 2nd In-Range
Review Period Increase
Upon completion of Sept I ofthe 4 3%
probationary period.following calendar
year.
Upon completion of Sept 1 ofthe 3 2.25%
probationary period.following calendar
year.
Upon completion of Sept 1ofthe 2 1.5%
probationary period.current calendar
year.
Upon completion of Sept 1ofthe 1 .75%
probationary period.current calendar
year.
2.Employees who are promoted:
a.A regular employee who promotes to a new classification,shall maintain his/her
performance evaluation review date and In-range Adjustment Date.
Association:
Rob Scholl,Association President
OWDEA
Otay Water District:
Mark Watton,General Manager
Otay Water District
:ATTACHMENT C
ARTICLE 4 -WAGES
ARTICLE 4,SECTION 1:WAGES
A.WAGES:Wages for employees covered by this MOU during its term shall be as provided on
Appendix "A."
B.ADmSTMENTS:The District may,at its discretion,increase compensation for employees covered
by this Memorandum ofUnderstanding.Prior to implementing any increase(s),the District shall
notify the Association and,iftheAssociationrequests it,discuss the increase with the Association in
a non meet-and-confer forum.The decision to grant an increase and the amount thereofmay not be
grieved under the Grievance Procedure of this Memorandum ofUnderstanding.Nothing in this
section shall be construed to require the District to negotiate the decision to grant an increase or the
amount thereof.
ARTICLE 4,SECTION 2:PAYROLL PERIOD;PAY DATES.The payroll period extends over fourteen
(14)calendar days.Paychecks shall be issued biweekly in payment ofwages earned during the preceding
payroll period.
ARTICLE 4,SECTION 3:SALARY ADmSTMENTWITHIN RANGE.This provision applies to eligible
employees as provided in this section.
A.Amount of In-Range Adjustment:An annual in-range salary adjustment may be granted in the
amount ofthree percent (3%).Ifthe employee's salary is less than three percent (3%)below the
maximum ofhis/her position on the salary range,the adjustment shall be in an amount sufficient to
place the employee at the top ofthe salary range.However,in no event shall this adjustment result in
the employee's salary exceeding the salary range for the employee's classification.
B.Transition to Standardized September 1 In-Range Adjustment Date:During the period July 1,
2006~through June 30,2007 ~an employee with a March 1,2007 in-range adj\Jstment date
shall oo---eti-gible for an in range adjustment have his/her in-range adjustment date adjusted to
September 1,2006 and be eligible to receive a maximum 00%based on the number ofquarters in
the June 30,2006 review period in accordance with the chart in Section Cl.Thereafter September I
will be the employee's In-Range Adjustment Date.as provided in subsection "/\"herein,on the
employee's existing merit review date.
C.In-Range Adjustment Date (this section shall be operative July 1,2006 ~):
I.Employees with at least one (1)year of continaolls service as ofJuly 1,2004 :
a:-Employees \vhose former "merit review date"occurred during the period January 1through
June 30 shall be eligible for an in range G.djustmcnt on March I of each year.Thereafter,
March 1 vAll be the employee's In range Adjustment Date.
lr.Employees \vhose former "merit review date"occurred daring the period July 1 through
December 31 shall be eligible for an in range adjustment on September I of each year.
ATTACHMENT C
Thereafter,September 1 "",ill be the employee's In range Adjastment Date.
l:t,.Newly hired employees or employees who have not completed probation '"vith less than one
(1)year ofcontirntB-us service as ofJuly 1,2005~:
a.Newly hired employees or employees who have not completed probation with less than one
year ofservice as ofJuly 1,2005 WG4-shall be eligible for the first in-range adjustment upon
completion ofprobationmy period twelve (12)months follO'vving the eHlptoyee's \tate ofhire.
Thereafter,subsection C (1)herein above shall apply.September 1 will be the employee's
In-Range Adjustment Date according to the following chart:-;-
1sl In-Range 2ml In-Range Number of Eligible %1 for
Increase Increase Quarters in the 2"d In-Range
Review Period Increase
Upon completion of Sept I ofthe 4 3%
probationary period.following calendar
year.
Upon completion of Sept 1 ofthe ;1 2.25'1'0
probationary period.following calendar
year.
!J.pon completion of Sept 1 of the 2 1.5%
probationar'Lperiod.current calendar
year.
Upon completion of ~t I of the 1 .75%
probationary period.current calendar
year.
~2.Employees who are promoted:
a.An regular employee who promotes to a new classification,shall maintain his/her and
therefore receives a ne\v performance evaluation review date and In-range Adjustment Date.,
shall have his/her In range Adjustment Date set according to subsection CO )or C(2)herein
al70ve based on the ne'l'','reviev,.-d-a-t&.-
ATTACHMENT 0
OTAY WATER DISTRICT .-
BOARD OF DIRECTORS POLICY
.-~
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
A.Policy
The Otay Water District has zero tolerance for the use of controlled
substances or the abuse of alcohol.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.
B.Exceptions
The following exceptions apply to this policy:
1.Events
The General Manager or his/her designee,at his/her discretion,may
authorize the use of alcohol at a District event,subj ect to any
conditions he/she elects to impose.
2.Over-the Counter or Prescription Drugs
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 Dist;r-ict 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 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.
Page 1 of 13
ATTACHMENT D
OTAY WATER DISTRICT --
BOARD OF DIRECTORS POLICY
.'--
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
c.Definitions
1.Accident:
a.Any accident,in which an employee is driving a District vehicle
while on duty,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 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 a manager to have been caused by
an on-duty employee and which results in serious physical injury.
2.Controlled substance:Any 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.
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:
enacted pursuant
Regulations.
The District's
to Part 382 of
Drug and Alcohol
title 49 of the
Testing
Code of
Policy,
Federal
5.Manager:A District employee who is designated as a supervisor,
manager,or executive.
6.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.
7.Negative:
substance if
result.
A person is considered to have tested negative for a
his/her substance test does not produce a positive
Page 2 of 13
ATTACHMENT D
OTAY WATER DISTRICT ~
BOARD OF DIRECTORS POLICY
.'~
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
8.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.
9.Reasonable suspicion: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
observer may make a reasonable assessment based
degree,and/or severity of applicable factors.
suspicion,but an
on the quantity,
10.Refuse to submit to testing:A failure to immediately report for
substance testing when directed to do so,a failure to complete the
testing process (including signing any forms necessary to aut~enticate
or identify a specimen),or a failure to provide an adequate amount of
breath,saliva,or urine for a test.
duties identified as "safety-
or duties which consist of any
11.Safety-sensitive duties:Any
sensitive duties"by DOT regulations,
of the following:
•Operating any assigned District vehicle or equipment
management and non-management employees)
•High-voltage electrical work (600 volts or greater)
•Work in "confined spaces,"as that term is defined in
regulations or OSHA regulations
(includes
District
Page 3 of 13
ATTACHMENT D
OTAY WATER DISTRICT ~..
BOARD OF DIRECTORS POLICY -
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
12.Serious physical injury: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.
13.Substance:Any substance containing alcohol or any controlled
substance.
14.Under the influence: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.
E.Testing Procedures
When an employee or applicant is to be tested,the District ~hall use
the same testing procedures that are used for testing under'the DOT
policy,including the procedures for testing a "split specimen",as
that term is defined in section 40 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 by using the Federal Drug
Testing Custody and Control Form for applicants/employees subj ect to
the DOT Policy and a non-federal form for all other persons.
Page 4 of 13
ATTACHMENT D
OTAYWATER DISTRICT -
BOARD OF DIRECTORS POLICY
.-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
F.
1.
2.
•
•
•
•
•
Testing
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 involved in or reasonably suspected 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
Pre-employment physicals
All applicants for employment shall,as part of their pre-employment
physical examination,submit to a urine analysis for substances.
3.Random testing of managers and safety-sensitive duty employees
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
Page 5 of 13
ATTACHMENT D
OTAY WATER DISTRICT --
BOARD OF DIRECTORS POLICY ..
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
December 31 a number of tests for controlled substances equal to 10
percent of the total number·of such managers.Wi thin 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 Risk Administrator,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,he/she shall be
required to submit to a test immediately upon returning to work,
without prior notice.
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.
Page 6 of 13
ATTACHMENT 0
OTAY WATER DISTRICT -
BOARD OF DIRECTORS POLICY
......
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
4.Post-accident testing
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 to report the
accident and the necessity of testing.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,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 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 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 Risk Administrator,based on the information available to
him/her.If the supervisor cannot immediately determine whe'ther the
employee was involved in an accident,the supervisor shall not order
the employee to testing until the supervisor makes such determination.
5.Reasonable suspicion testing
If an employee's supervisor or any manager 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 Human Resources of
this observation and then 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
Page 7 of 13
ATTACHMENT 0
OTAY WATER DISTRICT -
BOARD OF DIRECTORS POLICY
.-..
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
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
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.
6.Refusal to submit to testing
If an applicant refuses to submit to testing for any substance,the
applicant is disqualified for employment.
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 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.
7.Refusal to authorize disc~osure of results of testing
If an applicant refuses to authorize the disclosure of the testing
results to the District,the applicant is disqualified for employment.
Page 8 of 13
ATTACHMENT D
OTAYWATER DISTRICT -
BOARD OF DIRECTORS POLICY
.-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
If an employee refuses to authorize the disclosure of results of
testing to the District,the District will treat it in the same manner
as a refusal to submit to testing.
9.Positive test
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 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.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 Udirect
observation",as that term is used in section 40.197.
10.Request for retest
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
Page 9 of 13
ATTACHMENT 0
OTAY WATER DISTRICT --
BOARD OF DIRECTORS POLICY
.-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
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 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 supervisor has a reasonable suspicion that the
employee unlawfully possesses or is distributing or manufacturing a
controlled substance on or in District property,or while on duty,the
supervisor must report this suspicion to Human Re~ources.
1.For purposes of Section H only,"reasonable suspicion"means the
following:
Page 10 of 13
ATTACHMENT D
OTAY WATER DISTRICT -
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
a.As to possession,the supervisor must have seen a substance 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
have seen in any of the same areas a container that a reasonable
person would believe contains a controlled substance.
b.As to distribution,the supervisor must have seen the employee
convey to another person a substance that a reasonable person
would believe is a controlled substance,or have seen the
employee convey a container to another person that a reasonable
person would believe contains a controlled substance.
c.As to manufacture,the supervisor must have observed conditions
that a reasonable person would equate to the manufacture of a
controlled substance,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.
2.After a supervisor has reported a reasonable suspicion to Human
Resources,the supervisor,the Human Resources Manager,the General
Manager,Assistant General Manager and the employee's D~partment
Chief must confer,consider whether the supervisor's observation
constituted reasonable suspicion,and decide what steps to take in
response to the supervisor's 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
Page 11 of 13
ATTACHMENT D
OTAY WATER DISTRICT -
BOARD OF DIRECTORS POLICY
..
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
Resources and/or the supervisor believe that a search is
necessary,they will confer with 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
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.
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 is reasonably suspected,the search may
include not only the work area/equipment of the employee
suspected of distributing controlled substances,but the work
arealequipment of any employee whom was observed receiving the
substance from the employee suspected of distributing controlled
substances.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,must be conducted 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,the District contact
Page 12 of 13
ATTACHMENT 0
OTAYWATER DISTRICT "~
BOARD OF DIRECTORS POLICY
~-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 07/05/06
the local law enforcement agency and will forward the substance
to have the substance tested to determine if it is a controlled
substance.If a law enforcement officer takes possession of a
substance as a result of a search,and the employee does not
confirm that it is a controlled substance,the District shall
follow up with the law enforcement agency to verify the substance
is a controlled substance.
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.
J.Accommodation of Individuals With Disabilities
Nothing in this
District of its
disabilities.
policy
lawful
shall be
obligation
construed so as
to accommodate
to relieve
individuals
the
with
Page 13 of 13
ATTACHMENT 0
OTAYWATER DISTRICT -
BOARD OF DIRECTORS POLICY
-'
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
OTAY WATER DISTRICT
DRUG FREE WORKPLACE
Page 1 of 33
ATTACHMENT D
OTAY WATER DISTRICT -
BOARD OF DIRECTORS POLICY
"'
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
TABLE OF CONTENTg
Page No.
INTRODUCTION
POLICY
PURPOgE
PHILOgOPHY
4-
IMPLEMENTATION
ENFORCEMENT
APPENDICEg (Procedures for Implementation)
I.Pre employment Drug gcreening
II.guspicion of Drug Use
III.Accid@nts and possible Drug Use
IV.guspicion of Drug Possession
V.guspicion of Drug Manufacturing or
Distribution
ATTACHMENTg
3
4
4
4
4
5
7
13
11
14
16
1.Indications of Drug Use 113
Page 2 of 33
ATTACHMENT D
OTAYWATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
II.Examples of Drugs of .\buse
III.Drug Enforcement Penalties
IV.Definition of Terms
V.Employee Acknowledgement Form
VI Release of Information Form
19
20
21
24
Page 3 of 33
ATTACHMENT 0
OTAYWATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject
DRUG FREE WORKPLACE POLICY AND PROCEDURE
INTRODUCTION
Policy
Number
22
Date
Adopted
9/19/90
Date
Revised
12/9/92
Th@ Otay Water District has developed the following policy in an
effort to ensure the health,safety and well being of its employees
',."hile at \'lork.Employees of the District are an important and valued
r@sourc@,necessary for the accomplishm@nt of our mission.For that
reason,their health,safety and well being are of conc@rn to the
District.While it is not the intention of the District to intrude
into the private lives of its employees,any drug use (including
alcohol)by any emplo)'ee which aWEersely aff@cts work performance and
work attendance will not be tolerated.
Violations of the "Drug Fre@ Workplace"policy of the District will b@
dealt with in accordance with the attached polic)',other District per-
sonnel policies,and where applicabl@,the agreements and guidelines
set froth in the "Memorandums of Understanding"b@t'.lJe@n the District
and its employees.
Those employees who may be experiencing personal or job related diffi
culties as a result of alcohol or drug use are encouraged to voluntar-
ily seek confidential help through the Employee Assistance Program,or
through private,professional sources.
While the attached policy is to be strictly adhered to,the accompany
ing procedures for implementation are to serve as guidelines t9 assist
supervisors and managers in the exercise of good judgment in '
situations of suspected manufacturing,distribution,dispensing,
possession or use of controlled substances.
Page 4 of 33
ATTACHMENT 0
OTAY WATER DISTRICT ,.'
BOARD OF DIRECTORS POLICY
."-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
I.POLICY
It is the policy of the Otay Water District to prohibit the
unlawful manufacturing,distribution,dispensing,possession and
use of controlled substanc@s,(including both legal and illegal
drugs and alcohol,hereinafter collectively referred to as
controlled substances or drugs),in the workplace.
II.PURPOSE
It is the purpose of this policy to promote the health,safety
and THeIl being of employees,to ensure quality and efficiency of
work performance,to maintain high employee work attendance,and
to prevent the adverse effects of drugs (including alcohol)on
the work force.Furthermore,it is intended that when urine or
serum anal)7sis are performed for drug detection that such tests
are for the protection of both the District and its employees
from false accusation in those situations which could lead to
litigation.
III.SCOPE
This policy applies to all employees of the District while in the
workplace and at all times for which an employee is being paid.
IV.PHILOSOPHY
It is the belief of the Board of Directors and the Management of
the District that those persons illegall)7 involved in the
manufacturing,distribution,dispensing,possession and use of
drugs,while a very small percentage of any work force,adversely
affect not only themselves but their fellow workers and the
District.Furthermore we believe that this aWlerse effect on and
in the work force can be perceived either in poor safety
practices,diminished and erratic job performance and/or
tardiness and absenteeism.Therefore,it is our intent to remove
illegal drugs and the illegal use of drugs from our work force by
Page 5 of 33
ATTACHMENT 0
OTAYWATER DISTRICT
BOARD OF DIRECTORS POLICY
y .~
Subject Policy Date .Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
pursuing appropriate rehabilitative and/or disciplinary actions
when warranted.
V.IMPLEMENTATION
The District will provide an orientation to the policy for all
employees.This orientation will include a presentation of the
polic)'j an overview of drugs and their categories j their effects
on human behavior j the diverse effects of drugs in the workplace
and services available to drug abusers and their families.This
orientation ','1ill consist of a combination of instructive
presentation j discussion and an actual COP)'of the policy and the
procedures for implementation.
The District will provide training for supervisors and managers.
This training willinclud@ attendance at the above employee
orientationj plus presentations on the recognition of various
drugs j the signs and symptoms of drug abuse j and how to approach
an employee when a reasonable suspicion of violation of the
policy exists.
The District shall post in a manner conspicuous to employees the
"Drug Free Workplace"policy and information about assistance
available to employees who think they may have a problem T,.,lith
alcohol and/or drugs.
VI.ENFORCEMENT
It is the responsibility of all supervisorial and managerial
employees to report any violation of this policy to the appropri-
ate Department Head in accordance with the procedures for imple-
mentation of this policy.Various urine/serum laboratory tests j
which detect drugs and drug metabolites j will be required of
employment applicants as part of a preemployment physical and of
employees upon decision of the G@neral Manag@r in incidences of
suspicion of drug use.If such tests are r@quir@d j the employee
shall be required to consent to have the results of such t@sts
released to the District's Human Resources Manager.This consent
Page 6 of 33
ATTACHMENT D
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
~-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
shall be documented with the cmnpl'etion and signing of the "Con-
sent for Release of Information"form (see Attachment VI).The
results of such tests shall also be made available to the
employee.
If this policy is violated by any employee,the appropriate
Department Head,Human Resources Manager and the General Manager
(or the Acting General Manager in the absence of the General Man-
ager)shall confer to discuss the situation,to consider the
options available,and to make a decision as to appropriate
action to be taken.When applicable,such action will be in
accordance T,oJith the Otay Water District I s Employee Handbook or
the Personnel Policy and Procedures Manual and/or the
"Memorandums of Understanding"between the District and its
employees.If the employee is a Department Head or the General
Manager,the matter shall be referred to the Board of Directors
for appropriate action.
Page 7 of 33
ATTACHMENT 0
OTAYWATER DISTRICT --
BOARD OF DIRECTORS POLICY
---
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
APPENDICE£
(PROCEDURE£)
In order to impl@m€mt the Districtls policy
regarding drugs in the workplac@,the
following procedures have been adopted.
Page 8 of 33
ATTACHMENT 0
OTAY WATER DISTRICT -
BOARD OF DIRECTORS POLICY
--
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
APPENDIX I
Procedure to follow for pre employment drug screening:
EACH £TEP OF THI£PROCEDURE £HALL BE DOCUMENTED IN THE
APPLICANT'£/EMPLOYEE'£PER£ONNEL FILE.
1.Emplo)~ent applicants will b@ informed at the time of application
and at the time of the first interview that they will be required
to submit to urine analysis for drug screening in order to become
employed by the District.
2.During the pre-emplo)~Emt physical performed by a physician con-
tracted with the District,the physician or physician's designee
will collect a urine sample and submit that to a medical
pathology laboratory to be analyged for the presence of drugs or
drug metabolites.
3.When the physician receives the laboratory report,he will inform
the District's Human Resources Manager as to the results of the
urine analysis.
4 The applicant will be informed of the results of the urine analy
sis by the District's Human Resources Manager,and the results
will be recorded in the applicant's file.
5.If the results indicate a negative presence of drugs,no further
action is necessary.
6.If the results indicate a positive presence of drugs,the appli
cant will be afforded opportunity to provide an explanation and
documented evidence that the drugs detected were legal drugs
being used in a legal manner (i.e.,prescriptions or a letter
form the physician who prescribed the medication).
7.If the applicant disputes a result which indicates the presence
of drugs,the applicant is entitled to have a second urine screen
Page 9 of 33
ATTACHMENT 0
OTAY WATER DISTRICT -"-
BOARD OF DIRECTORS POLICY
~~
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
or serum sample analy:6sd at a laboratory of the District's
choosing and at the expense of the applicant.
Page 10 of 33
ATTACHMENT 0
OTAYWATER DISTRICT "~
BOARD OF DIRECTORS POLICY
~
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
APPENDIX II
Procedure to follow when suspicious of employee drug use:
EACH STEP OF THIS PROCEDURE SHALL BE DOCUMENTED IN THE EMPLOYEE'S
PERSONNEL FILE.
1.A supervisor who is suspicious of an employee using or being
under the influence of controlled substances will review the
emplo)r@@'S behavior and performance to s@@ if it is indicativ@ of
drug use.(See Attachment I "INDICATIONS OF DRUG USE"for
examples.)
&.If the supervisor determines that the employee's behavior or per
formance is indicative of drug use he/she will then contact
his/her Department Head and they will review the same information
together.(In the abs@nc@ of the Department Head,the Human
Resourc@s Manager will be contacted.)
3.If the Departm@nt Head and the supervisor agree that a reasonable
suspicion of drug use exists,they will together go to the
employee and provide the employee an opportunity to explain his
or her behavior and/or performance which is arousing suspicion.
No mention of drug sue or suspected drug use shall be made at
this time.How@ver,the employee will be asked if he/she is
taking any medications.If so,he/she will be given the,
opportunity to provide documented evidence that this is a'legal
use of a controlled substance (i.e.,pr@scriptions ora letter
from the physician who prescribed the medications).
4.At this time,the Department Head,the Human Resources Manager
and the General Manager (or the Acting G@neral Manager in the
absence of the General Manager)will conf@r to decide whether the
explanation is both plausible and acceptable.If so,the
employee will be informed by the Departm@nt Head that the matter
has been dismissed.
Page 11 of 33
ATTACHMENT D
OTAY WATER DISTRICT -"
BOARD OF DIRECTORS POLICY
--
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
5.If the Department Head j the Human Resources Manager and the Gen
eral Manager (or the Acting General Manager in the absence of the
General Manager)decide the explanation is neither plausible nor
acceptable j the employee '""ill be informed by the Human Resources
Manager that he/she is required to submit a urine sample to "LAB"
for a forensic urine analysis j for controlled substances.Prior
to the test being conductedj the employee will sign the attached
consent form.Failure of the employee to consent to the test will
result in disciplinary action up to and including termination.
This anal)Tsis will be conducted at the expense of the District.
6.The Human Resources Manager '",'ill contact "LAR"to schedule an
appointment and ',&Jill inform the employee as to when and where to
report and will arrange for necessary transportation.The Human
Resources Manager will also request that a second sample be col
lected and saved for a second analysis in the event that the
first analysis indicates the sample was positive for controlled
substances.
7.Once the employee has provided the urine sample j he/she may be
placed on administrative leave (with pay)until further notice.
g.Upon completion of theanalysis j the "LAB"will provide both the
employee and the Ruman Resources Manager with the documented
results of the urine analysis.
9.If the urine analysis indicates that the employee was not using
or under the influence of a controlled substance j the matter of
the employee's behavior or job performance shall be resolved in
accordance with the "Rules and Regulations for Employee
Performance"in the District's Employee Handbook or the Personnel
Policy and Procedures Manual and/or the disciplinary procedures
under the "General Rules of Conduct"in the "Memoranda of
Understanding"between the District and its employees.
10.If the urine analysis indicates that the employee was using or
under the influence of a controlled substance j the Human
Resources Manager will ensure that a second laboratory analysis
Page 12 of 33
ATTACHMENT 0
OTAY WATER DISTRICT "~
BOARD OF DIRECTORS POLICY
.,~
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
is performed by a different laboratory on the second urine sample
which was collected at the time of the first sample.
11.If the second urine analysis indicates that the employee was
either using or under the influence of a controlled substance,
the employee will be referred to the Employ@@ Assistanc@ Program
and required to seek professional assistance for his/her
substance abuse in the same manner that an employee would b@ .
required to seek treatment for any other medical condition which
impaired or interfered with his/her job performance or behavior
in the workplace.While the policy for a first offense is to
require referral to a professional assistance provider,the
employee may still be disciplined up to and including termination
for the conduct which led to the discovery of the drug problem
but not solely for the fact that there has been an improper use
of drugs.
12.If the second urine analysis indicates that the employee was not
using or under the influence of a controlled substance,the
matter of the employee's behavior or job performance shall be
resolved in accordance with the "Rules and regulations for
Employee Performance"in the District's employee Handbook or the
Personnel Policy and Procedures Manual and/or the disciplinary
procedures under the "Gen@ral Rules of Conduct"in the "Memoranda
of Understanding"between the District and its employees.
13.The opportunity to seek and participate in substance abuse treat
ment,under such circumstances,shall be afforded one time only.
In the event that an employee continues to abuse controlled sub-
stances onc@ in treatment,or has a subsequent reoccurrence of
substance abuse,which violates this policy or adversely effects
his/her job performance in any manner,the employee is subject to
the disciplinary procedures.When applicable,such disciplinary
procedures shall be in conformance with the "Rules and
Regulations for Employee Performance"in the District's Employee
Handbook or the Personnel Policy and Procedures Manual and/or the
"General Rules of Conduct"in the "Memoranda of Understanding"
between the District and its employees.
Page 13 of 33
ATTACHMENT 0
OTAY WATER DISTRICT ~
BOARD OF DIRECTORS POLICY
/."-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
14.If the employee refuses to seek appropriate professional assis
tanc@,he/she will be referred for disciplinary action.When
applicabl@,such disciplinary action shall b@ in accordanc@ with
the "Rules and Regulations for Employee Performance"in the Dis-
trict's Employe@ Handbook or the Personnel Policy and Procedures
Manual and/or the disciplinary procedures under the "G€lTI@ral
Rul@s of Conduct"in the "Memoranda of Understanding"between the
District and its employees.
15.If this procedure does not go beyond Step Number 4,only the
employee's behavior and performance will be documented in his/her
personnel record.If the matter goes.beyond Step Number 4,the
entire matter T.·Jill be documented in the employee I s personnel
record.
Page 14 of 33
ATTACHMENT 0
OTAYWATER DISTRICT -
BOARD OF DIRECTORS POLICY
---
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
APPENDIX III
Procedure to follow when an accident occurs:
EACH £TEP OF THI£PROCEDURE £HALL EE DOCUMENTED IN THE EMPLOYEE'£
PER£ONNEL FILE.
In cases of an employee accident on the job involving District heavy
equipment j a District vehicle or an injury requiring immediate medical
attention to protect the employee and the District j the following
steps shall be taken.
1.The Human Resources Manager will be informed of the details of
the situation as soon as possible by the employee's supervisor.
2.The employeels immediate supervisorj Department Head,and the
General Manager (or the Acting General Manager in the absence of
the General Manager)shall confer to review the circumstances of
the accident and to determine whether or not a reasonable
suspicion exists that the employee's use of drugs or alcohol
could have contributed to this type of accident.
3.If it is decided that drugs or alcohol were not a contributing
factor in this accident j the matter shall be resolved in accor
dance with the safet)7 policies and procedures of the District.
4.If there is a reasonable suspicion that drugs or alcohol were a
contributing factor in this accident j a forensic serum analysis
will be conducted to determine if the employee was under the
influence of a controlled substance at the time of the accident.
The Human Resources Manager will make arrangements for the em
ployee to be transported to the IILAEII at the earliest
opportunitYj and the employee will be required to submit a blood
sample for a forensic serum analysis for controlled substances.
5.Prior to the test being conductedj the employee TJ.'ill sign the
attached consent form.Failur@ of the employee to consent to the
Page 15 of 33
ATTACHMENT D
OTAYWATER DISTRICT --
BOARD OF DIRECTORS POLICY -
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
test will result in disciplinary action up to and including
termination.
6.Th@ Human resources Manager will also request that a s@cond
sample be collected and saved for a s@cond anal)7sis in the event
that the first analysis indicat@s the sample '.."as positive for
controlled substanc@s.
7.If the employee requires medical attention immediately after the
accid@nt,the Human Resources Manag@r will then contact the m@di-
cal facility where the employee has been taken,and ,...'ill inform
the examining physician that a forensic serum analysis for con
trolled substances is required and the results are to be made
available to the District's Human Resources Manager.Th@ Human
Resources Manager will also request that a second sample be cole
lect@d and saved for a second analysis in the event that the
first analysis indicates the sample was positive for controlled
substanc@s.
8.Once the employee has provided the serum sample,he/she may·be
plac@d on administrative leave until further notic@.
9.Upon com.pletion of the analysis,the "LAB"'...,.ill provide both the
employee and the District's Human Resourc@s Manager ..·lith the
documented results of the serum analysis.
10.If the serum analysis indicates that the employee was not using
or under the influence of a controlled substance,this matter
shall be resolved in accordance with the "Rul@s and Regulations
for Employee Performance"in the District's Employee Handbook or
the Personnel Policy and Procedures Manual and/or the
disciplinary procedures under the "General Rules of Conduct"in
the "M@morandums of Understanding"between the District and its
employee or the safety and risk management policies of the
District.
11.If the first serum analysis indicates that the employee was using
or under the influence of a controlled substanc@,the Human
Page 16 of 33
ATTACHMENT D
OTAYWATER DISTRICT -~
BOARD OF DIRECTORS POLICY
.,,~
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 1;l/9/9;l
R@sourc@s Manager will ensure that a second laboratory analysis
is performed on the second serum sample which was coll@ct@d at
the time of the first sample.
1~.If the second serum analysis indicates that the employee was
using or under the influence of a controlled substance,the
employee will be referred to the Employee Assistanc@ Program and
required to seek professional assistance for his/her substance
abuse in the same manner that an employe@ would be required to
seek treatment for an)'other medical condition which impaired or
interfered with his/her job performance or behavior in the
workplace.While the policy for a first offense is to require
referral to a professional assistance provider,the employee may
still be disciplined up to and including termination for the
conduct ',\'hich led to the discovery of the drug problem but not
solely for the fact that there has been an improper use of drugs.
13.If the s@cond serum analysis indicates that the employee was not
using or under the influence of a controll@d substance,this mat
ter shall be r@solved in accordanc@ with the "Rules and r@gula
tions for Employee Performance"in the District's Employ@@ Hand
book'or the Personnel Polic)'and Procedures Manual and/or the
disciplinary procedur@s under the "General Rules of Conduct"in
the "Memoranda of Understanding"between the District and its
employees or the safet)'and risk management policies of the
District.
14.The opportunity to seek and participate in substance abuse treat
ment under such circumstances,shall be afforded one time only.
In the event that an employee continues to abuse controlled sub-
stances once in treatment,or has a subsequent reoccurrence of
substance abuse,which violates this policy or adversel)'effects
his/her job performance in any manner,the employee is subj@ct to
disciplinary procedures.When applicable,such disciplinary pro=
cedures shall be in conformance with the "Rules and Regulations
for Employee Performance"in the District's employee Handbook or
the Personnel Policy and Procedures Manual and/or the "General
Page 17 of 33
ATTACHMENT D
OTAY WATER DISTRICT "-
BOARD OF DIRECTORS POLICY
--
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
Rules of Conduct"in the "Memoranda of Understanding"between the
District and its employees.
15.If the employee refuses to participat@ in the Employ@@ Assistanc@
Program and seek appropriate professional assistanc@,he/she
would b@ referred for disciplinary action.When applicabl@,such
disciplinary action shall be in accordanc@ T•.,.,ith the "Rul@s and
R@gulations for Employ@e P@rformanc@"in the District's Employ@@
Handbook or the Personnel Policy and Procedures Manual and/or the
disciplinary procedures under the "General Rules of Conduct"in
the "M@moranda of Understanding"between the District and its
employees.
Page 18 of 33
ATTACHMENT 0
OTAYWATER DISTRICT ~~
BOARD OF DIRECTORS POLICY
/
~
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
Z\PPENDIX IV
Procedure to follow when suspicious of employee drug possession:
EACH £TEP OF THI£PROCEDURE £HALL BE DOCUMENTED IN THE EMPLOYEE'£
PER£ONNEL FILE.
1.A supervisor 'Nho is suspicious of an employee possessing a con
trolled substanc@ will contact the Departm@nt Head and review the
information on which the suspicion is based.
2.If the supervisor and the Department Head decide that there is a
reasonable suspicion of drug possession by an employee,the Human
R@sources Manag@r and the Gen@ral Manager (or the Acting G@neral
Manager in the absence of the General Manager)will b@ contacted.
The four of them will confer and make a decision as to the next
step to be taken.
3.One step would b@ to decide that no reasonable suspicion of drug
possession exists.Therefore,the matter would b@ dismissed.
4..n...nother step may be to approach the employee '..,rho is suspected of
drug possession and discuss the matter with him/her.The
employee may elect to have another employee of his/her choosing
present.
5.Anoth@r alternative may be to search the employee's work area for
drugs.£uch a search would be limited to property of the Dis-
trict.Any such search would require the presence of the
employee,the appropriate Department Head,the Human Resources
Manager and the General Manager (or the Acting General Manager in
the absence of the General Manager).The employee may elect to
have another employee of his/her choosing present.No employee
nor employee's property may be searched by anyone other than a
duly sworn law enforcement officer.
6.A final option available would be to request local law
enforcement officers to search the premises,properties,
Page 19 of 33 .
ATTACHMENT 0
OTAYWATER DISTRICT ~-
BOARD OF DIRECTORS POLICY
"
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 1:;1/9/9:;1
possessions and person of the employee if the G@n@ral Manager (or
the Acting G@n@ral Manag@r in the absence of the General Manager)
decides that such action is warranted.
7.If drugs are found on the premises or property of the District,
local law enforcement officers will be requested to take posses
sion of the drugs.
8.If an employee is found to be in unlawful possession of a con-
trolled substance,appropriate disciplinary action will be exe
cuted in accordance with the "Rul@s and R@gulations for Employee
Performanc@"in the District's Employe@ Handbook or the Personnel
Policy and Procedures Manual and/or the disciplinary procedures
under the "G@n@ral Rules of Conduct"in the "Memoranda of Under-
standing"between the District and its employees.
Page 20 of 33
ATTACHMENT D
OTAY WATER DISTRICT -"
BOARD OF DIRECTORS POLICY
-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
APPENDIX V
Procedure to follow when suspicious of an employee unlawfully manufac
turing/distributing or dispensing a controlled substance in the work
place:
EACH STEP OF THIS PROCEDURE SHALL BE DOCUMENTED IN THE EMPLOYEE'S
FILE.
1.A supervisor who is suspicious of an employee unlawfully manufac-
turing/distributing or dispensing drugs will contact his/her
Department Head and discuss the matter.
2.The Department Head will contact the Human Resources Manager and
the General Manager (or the Acting General Manager in the absence
of the General Manager)to inform them of the situation.The
General Manager (or the Acting General Manager in the absence of
the General Manager)will decide if the situation warrants
contacting the local law enforcement agenc)r/informing them of
the situation and requesting assistance.
3.Any employee found or pleading guilty of unlawfully
manufacturing/distributing or dispensing a controlled substance
in the workplace may be terminated in accordance THith the "Rules
and Regulations for Employee P@rformance"in the District's
Employee Handbook or the Personnel Polic)'and Procedures ~anual
and/or the disciplinary procedures under the "General Rules of
Conduct"in the "Memoranda of Understanding"betTA'een the District
and its employees.
Page 21 of 33
ATTACHMENT 0
OTAYWATER DISTRICT -
BOARD OF DIRECTORS POLICY
>'--
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
ATTACHMENTS
Page 22 of 33
ATTACHMENT D
OTAY WATER DISTRICT ---
BOARD OF DIRECTORS POLICY
.-.-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
ATTACHMENT I
INDICATIONS OF DRUG USE
REMEM~ER T&~T THESE SYMPTOMS ARE ONLY INDICATIONS.THEY ~X ~E A SIGN
OF SOMETHING OTHER THAN DRUG OR ALCOHOL USE.
PHY£I CAL
1.
2.
3 .
4 .
5 .
6.
7.
8.
9.
Increased pulse rate
Weak and rapid pulse
Increas@d blood pressure
Increased body temperature
Constricted pupils
Dilated pupils
Bloodshot eyes
Watery eyes
Runny nose
10.Nasal sores
11.£lowed respiration
12.£hallow respiration
13.Cold and clammy skin
14.Chills and sweats
15.Cramps
16.Nausea
17.Convulsions
MENTAL AND EMOTIONAL
1.
2.
3 .
4.
5.
6.
7.
8.
9.
Increased alertness
Excitation
Anxiety
Irritability
Euphoria
Incr@ased emotionality
Impaired attention
Impaired memory
Altered perceptions
10.Disorientation
11.Visual illusions
12.Hallucinations
13.Paranoia
14.Delirium
15.Irrational fears
16.Panic
17.Depressed mood
BEHAVIOR.~L
1.
2.
3.
4.
£lurred speech
£taggered gait
Fatigu@
Apathy
8.Hyp@ractivity
9.Agitation
10.Argumentative
11.Hostility
Page 23 of 33
ATTACHMENT D
OTAYWATER DISTRICT
BOARD OF DIRECTORS POLICY
<---
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
5 .
6 .
7.
Drowsiness
Loss of appetite
Increas@d appetite
1:6.Tremors
13.Insomnia
Page 24 of 33
ATTACHMENT D
OTAYWATER DISTRICT -""
BOARD OF DIRECTORS POLICY
----
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
ATTACHMENT II
EXAMPLES OF DRUGS OF ABUSE
DRUG CATEGORIES
Narcotics
D€lpr€lssant,s
Stimulants
Hallucinog@nics
SPECIFIC DRUGS
Heroin
Methadon€l
Morphin€l
Opium
Oth€lrs (dem€lrol,dilaudid,
fentanyl,p€lrcodan,talwin)
Alcohol
Barbituarates (amytal,
alurat@,butisol,m€lbaral)
Bengodiag@pin€ls (ativan,
dalman€l,halcion,librium,
s@rax,tranx@n@ valium,xanax)
Amphetamin@s
Cocain€l
Methylph@nadat@
Ph@nm@tragin€l
Others (adipex,bacarat@,
cyl€lrt,didr€lx,sanrO€lX,
tenuat@,t@panil)
Amphetamine variants
(DOM,STP,MDA,MD~~,MMDA,
T~~and hashish)
Lysergic acid diethylamide
Marijuana
Mescaline
Phencyclidine
Psilocybin
Page 25 of 33
ATTACHMENT D
OTAY WATER DISTRICT --
BOARD OF DIRECTORS POLICY
.'~
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
Tetrahydrocannabinol
Page 26 of 33
ATTACHMENT 0
OTAY WATER DISTRICT -
BOARD OF DIRECTORS POLICY
....
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
ATTACHMENT III
FEDERAL DRUG £CHEDULE
AND
DRUG ENFORCEMENT PENALTIE£
Maximum Penalties for Ill@gal:
Potential
£ch@dul@ for Abuse Examples
Manufacturing
Distribution
Narcotics
Possession
----,1I,.-----_Hl-,Ii,.l.gHh-=-----Hi-t@~r~o;;}-,l.~·nH-r,---:IT,-i'Hi\;C,,,-,r------:l=-ls-&0 f f@ns@
Marijuana IS yr/$2S,000
_________________________.6_200 offense
30 yr/$SO,OOO
1s-&offense
IS yr/$S,OOO
2 yr/$10,000
-±I~I,.---------f!H8i,..<;;g~h'l------IllMl<::o:J.;lr8p~hB-l.-iEn,@el-r,---<:c~o~c;;,aa-±iEn,E@~--±-1s-&--{;;of.lf;..;If~@5'ln;±jss_@8_---____lsSiaa:mffitS@,.........,al_e_s
above
M@thadon@,opium,S yr/$lS,OOO
Codeine,seGobarb
ital,amobarbi tal ,2OO·-{;ol-±f;.:]f~e5;Jn~sS€@----_jss_aamm.,@@f_eal_8s
meperidine,amphm
etamine
above
10 yr/$30,000
Narcotic pre-
-±I~I,.,jI,.-----~Ml(;o~dHes.lr~aa:t&ee-~£H:t;.;;ib_lmwubl_±l.aa,Enl_1:t~aiHn~da------±ls-&0 f fens@
above
S yr/$lS,OOO
cursors paregoric
------------f=p*h~e!Hn~c...)¥-rtic-±1"""i:-tdl-di6-,ln~es--------.6-2OO of f@nse
above
10 yr/$30,OOO
-±IJ,iV'--------±Lt€ow'I'l-]-------!;B~ai_3rE':lb~l.:I:-·'Gt-EIa"!l,,,---<:c:T.lh±l~oe;r::r'ela.-::ll,.----:l=-l s-&0 f fens e
above
same as
same as
same as
Page 27 of33
ATTACHMENT 0
OTAYWATER DISTRICT .-
BOARD OF DIRECTORS POLICY
.-.-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
Hydrat@,m8proba
mate,diag@pam
3 yr/$10,OOO
----------~c:Hh_i_:ll:_lo~r£:'_d~i_ela,i6g~e!_Fp~o~x~iHd::l:le=---6-2aQoff@nS8
above
6yr/$20,OOO
--VV------lL~oeJJ'w_N---__Io:Crto'*mH_lp~oa-''*unf-H::;ld,es'7,--tlmhlidx~-~------:1:-1st.0 f f@ns@
same as
same a8
ture~s,and prep
arations '.·dth
above
1 yr/$S,OOO
------------dlKo~\Il_'l_1a:i'mffiGo~u,En:'l:t~oHf~---.&_2aQoff@ns@
narcotics,2 yr/$10,OOO
codeine &opium
compounds
Page 28 of 33
ATTACHMENT D
OTAYWATER DISTRICT ~
BOARD OF DIRECTORS POLICY ,
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
ATTACHMENT IV
DEFINITION OF TERMS
FOR PURPOSES OF THIS POLICY,THE FOLLOWING DEFINITIONS APPLY:
1.Appr@h@nd@d:Tak@n into custody by a law @nforc@m@nt offic@r for
suspicion of committing a crim@.
2.Controll@d Substance:Any synthetic or natural substance,its
pr@cursors or derivatives which are included in the Examples of
Drugs of Abuse listed in Attachment II.
3.Disciplinary Action:An)'action taken by the District against an
employee in accordance with this polic)'and where applicabl@ in
conformanc@ '""ith the "Memoranda of Understanding"between the
District and its employees.
4.District:Th@ Otay Water District.
5.Drug Abuse:.~y use of a controlled substanc@ which creates an
abnormal situation for the person using the substance.
6.Drug Z\buser:Any person ,,,;rho uses a controlled substanc@ and
either creates or experiences adverse effects.
7.Drug Metabolit@s:Those by-products which exist in an individ-
ual's serum or urine as a result of the use of a controll@d sub-
stance.
6.Drug Use:Any consumption or being under the influence of a con
trolled substance.
9.Employee:Any person who is paid by the District for the accom-
plishment of tasks which comprise the business of the District.
Page 29 of 33
ATTACHMENT D
OTAY WATER DISTRICT -
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
10.Employee .7\Lssistance Program:A system of services designed to
provide help to employees experiencing personal problems whether
or not those problems are affecting employees'job performance.
11.Forensic serum analysis:A specific laboratory test performed on
a sample of blood upon which a chain of custody of the sample has
been maintained.
12.Forensic urine analysis:A specific laboratory test performed on
a sample of urine upon which a chain of custody of the sample has
been maintained.
13.Quilty:Having been found or pleaded guilty to a criminal
offense in a court of law.
14.Illegal drugs:Any psychoactive substance ,.."hich is controlled in
accordance with the comprehensive Drug Abuse Prevention and Con
trol Act of 1970.
15.Illegally involved:Any behavior,acti've or passive,which
directly or indirectly aids of abets in the violation of any
city,county,state or federal law.
16.Illegal use of drugs:Ztny consumption of a controlled substance
which violates the laws controlling that substance.
17."LAB":A chemical pathology laboratory which has been certified
by the National Institute of Drug Abuse.
18.Law enforcement officer:A duly sworn peace officer within a
specific jurisdiction
19.Medical attention:Any examination,evaluation,treatment or
procedure rendered by a facility,agency or person '1.tJho is
statutorily licensed to render health care
Page 30 of 33
ATTACHMENT 0
OTAY WATER DISTRICT --
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
20.Professional assistance:An)'treatment or procedure rendered by
a facility,agency or person who is statutoril)r licensed to
render health care.
21.Reasonable suspicion:A belief,based on sp@cific observable
facts,which indicat@s that something is true.
22.R@habilitative:Efforts to return someone to a former state of
behavior or performance.
23.Serum analysis:A laboratory test of a serum sample to detect a
controll@d substance.
24.Substance abuse.The use of a controll@d substance which causes
an abnormal situation in the drug abuser's life.
25.Suspicion:A belief that something may b@ true.
26.Under the influence:When a sufficient amount of a controll@d
substance exists within someone to affect their behavior or job
performance.
27.Unlawful dispensation:The giving or providing of a controlled
substance to anyone \·"ithout statutory license to do so.
28.Unlawful distribution:The selling,dispatching,shipping or
transporting of a controll@d substance without statutor)'license
to do so.
29.Unlawful manufacturing:The proc@ssing of chemicals for the pur
pose of producing any controlled substanc@,its precursors or
derivatives,without statutory license to do so.
30.Unlawful possession:Any possession of a controlled substanc@,
its precursors or derivatives,which violates the laws which con
trol the substance.
Page 31 of 33
ATTACHMENT D
OTAY WATER DISTRICT ."
BOARD OF DIRECTORS POLICY
-'
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
31.Unlawful use:AB1T consumption of a controlled substance which
violates the laws which control the substance.
32.Urine analysis:A laboratory test of a urine sample to detect a
controll@d substance.
33.Work force:The aggregate of employees of the District.
34.Work performance:The accomplishm@nt of those tasks which com
prise an employee's job description.
35.Workplace:Any location where those tasks comprising the
business of the District are performed.
Page 32 of 33
ATTACHMENT D
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY "-
Subject Policy Date Date
Number Adopted Revised
DRUG FREE WORKPLACE POLICY AND PROCEDURE 22 9/19/90 12/9/92
ATTACHMENT V
EMPLOYEE ACKNOWLEDGEMENT OF DRUG POLICY
I ~cknowl@dge th~t I h~v@ received a copy of the Ot~y Water District's
drug policy.Furth@rmor@,that I have had this policy explained to
m@,~nd that I understand th~t violation of this policy would result
in ~ppropriat@ employer disciplinary ~ction being taken.When
~pplicabl@,such disciplinary ~ction sh~ll b@ in ~ccordanc@ with the
IIRul@s ~nd R@gul~tions for Employ@@ Performanc@1I in the District's
Employ@e Handbook or Personnel Policy and Proc@dur@s Manu~l ~nd/or the
disciplinary procedures under the IIG@neral Rul@s of Conduct ll in the
IIM@moranda of Und@rstandingll between the District and its employees.
Violation of this policy may also result in necessary leg~l action
being t~k@n in ~ccord~nG@ with local,state ~nd federal laws.
Employ@e Sign~ture
District R@presentative Sign~tur@
Dat@
Date
Page 33 of 33
ATTACHMENT D
MEMORANDUM OF AGREEMENT
In anticipation of the revisions to the Drug Free Workplace
Policy (Board Policy #22)to be implemented by the Board of
Directors on July 5,2006,the District and the OWDEA have
entered into the following agreement for any employee who wishes
to come forward with a request for assistance regarding
substance abuse rehabilitation:
•The employee must request assistance within 30 days of the
District providing training or written notification to the
employee of revised Board Policy #22.
•In response to a request for assistance,the District will
provide a one-time leave of absence,not to exceed 20
business days,for the sole purpose of substance abuse
rehabilitation.
o The employee must apply for disability status and
benefits as provided by the State of California;
•When the employee is approved for disability
payments,the District will contribute the
balance up to 100%of the Employee's
compensation,in addition to the mandatory seven
day waiting period,for a period not to exceed 30
calendar days,only if and to the extent that the
employee does not have vacation,sick or
compensatory leave accruals available.
o If entitled to leave under the Family Medical Leave
Act (FMLA),such leave shall begin with the first
business day of the one-time leave of absence and
shall run until the end of the one-time leave or until
the FMLA Leave is exhausted,whichever occurs first;
o If the employee is not entitled to or has exhausted
FMLA Leave,the District will place the employee on
Personal Leave if the employee is eligible;
o If the employee is in his/her first year of employment
and thus not eligible for FMLA or Personal Leave,the
employee will only be eligible for 20 business days'
leave not to exceed 30 calendar days;
ATTACHMENTD
o If,for any employee,leave beyond 20 business days is
required to complete the rehabilitation program,any
other leave provision,if applicable,may be used by
the employee;
o In coordination with the Employee Assistance Provider,
the District will provide a plan for recovery~
-The employee must complete a test for controlled substances
and alcohol prior to returning to duty from the leave of
absence.
-The employee must participate in a follow-up program for a
minimum of one year,by submitting to six to 12 tests for
controlled substances and alcohol,as scheduled by the
District.
-The employee must sign a contract concerning his/her
consent to the conditions set forth in this Memorandum of
Agreement,follow through on a mandatory referral to
the EAP,follow through on an action plan as developed by
the EAP,and continue to be under the EAP representative1s
supervision.The contract will include a normal release
required by EAPs for mandatory referrals.
Mark Watton,General Manager Rob Scholl,OWDEA President
ATTACHMENT E
RESOLUTION NO.4084
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
OTAY WATER DISTRICT
TO REVISE POLICY 22 CONCERNING A DRUG FREE
WORKPLACE
WHEREAS,the Board of Directors of Otay Water District
wishes to clearly communicate the District's position of
maintaining a drug and alcohol free workplace;and
WHEREAS,it is the policy of the District to have zero
tolerance for the use of controlled substances or the abuse of
alcohol to include possession,manufacture,distribution,or
being under the drugs and alcohol in the workplace;and
WHEREAS,the Otay Water District Board of Directors desires
to revise Board Policy 22,Drug Free Workplace Policy;and
NOW,THEREFORE,BE IT RESOLVED that the Board of
Directors of the Otay Water District revises Policy 22,the Drug
Free Workplace Policy,in the form presented to the Board at
this meeting;and
BEING FURTHER RESOLVED that the Board directs the staff of
the District to comply with the provisions of Policy 22.
1
ATTACHMENT E
PASSED,APPROVED AND ADOPTED by the Board of Directors of
the Otay Water District at a regular meeting held this 5 th of
July,2006.
President
ATTEST:
Secretary
2
ATTACHMENT F
OTAY WATER DISTRICT ~
BOARD OF DIRECTORS POLICY
'/,",
Subject Policy Date Date
Number Adopted Revised
l:MPLOYEE RECOGNITION PRGGRAM 2 6/2/04 7/5/06
I.PURPOSE
To establish a policy for the recognition of the extra efforts,special accomplishments,
volunteer work and outstanding performance of Otay Water District employees.
II.POLICY
::r:hj&pGHGy.·a-pplies-·tG-alt--F~Hlaf--ftlll ti me aFld-pa·Ft-t~me-l}istRet-efnpte.yee&.-
To identify,recognize and celebrate employees who best demonstrate the values,mission
and Strategic Plan of the District To recognize outstandin.g and beyond the call of duty
peliormance and achievements by Otay Water District employees.To raise the standards
in the performance of work,to expand employee safety and to increase excellence and
efficiency in the accomplishment of projects.
III.PROCEDURE
To provide effective recognition of extra efforts and accomplishments of employees,
District staff will develop budget proposals as part of the regular budget process for Board
approval.
In accordance with Code of Ordinance,Division I,Chapter 1,Section 2.01 B,the General
Manager is authorized to promulgate a General GrderHuman Resources Policies and
Procedures to explain,clarify and administer this policy..
1
ATTACHMENT G
RESOLUTION NO.4086
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
OTAY WATER DISTRICT
TO REVISE POLICY 2 CONCERNING EMPLOYEE
RECOGNITION
WHEREAS,the Board of Directors of Otay Water District
wishes to clearly communicate the District's position of
providing recognition of the extra efforts,special
accomplishments,volunteer work and outstanding performance of
Otay Water District employees;and
WHEREAS,it is the policy of the District to identify,
recognize and celebrate employees who best demonstrate the
values,mission and Strategic Plan of the District;and
WHEREAS,the Otay Water District Board of Directors desires
to revise Board Policy 2,Employee Recognition;and
NOW,THEREFORE,BE IT RESOLVED that the Board of
Directors of the Otay Water District revises Policy 2,Employee
Recognition,in the form presented to the Board at this meetingj
and
BEING FURTHER RESOLVED that the Board directs the staff of
the District to comply with the provisions of Policy 2.
1
ATTACHMENT G
-
PASSED,APPROVED AND ADOPTED by the Board of Directors of
the Otay Water District at a regular meeting held this 5th of
July,2006.
President
ATTEST:
Secretary
2
AGENDA ITEM 7
TYPE MEETING:Regular Board
SUBMITTED BY:Mark Watton,
General Manager
APPROVED BY:
EXECUTIVE SUMMARY
MEETING DATE:
W.O.lG.F.NO:
July 5,2006
DIV.NO.N/A
SUBJECT:Consideration to Adopt Resolution No.4085 Concurring in the
Nomination of Ms.Jo MacKenzie to California Special District
Association's Board of Directors
GENERAL MANAGER'S RECOMMENDATION:
That the Board consider concurring in the nomination of Ms.Jo
MacKenzie to the California Special District Association's (CSDA)
Board of Directors by adopting Resolution No.4085 in support of
Vista Irrigation District's nomination.
COMMITTEE ACTION:
See Attached.
PURPOSE:
To advise the Board that Vista Irrigation District (VID)has
requested Otay's support in their nomination of Ms.Jo MacKenzie,a
member of VID's Board,to CSDA's Board of Directors.
ANALYSIS:
The Board of Directors of VID has requested that the Otay Board
support them in their nomination of their Board member,Ms.Jo
MacKenzie,to CSDA's Board of Directors.Attached is correspondence
from VID with regard to their nomination and Ms.MacKenzie's
Statement of Qualifications.Resolution No.4085 is presented should
the Board wish to support Ms.MacKenzie's nomination.
FISCAL IMPACT:
None.
G:\UserData\DistSec\WINWORD\STAFRPTS\CSDA Concur 2006 MacKenzie 7-5-06.doc
STRATEGIC GOAL:
Participating would support the strategic goal of maintaining
effective communications with other cities,special districts,State
and Federal governments,community organizations and Mexico.
LEGAL IMPACT:
General Manager
Attachments:
Resolution No.4085
Correspondence from Vista Irrigation District Requesting the Otay WD's
Support
Ms.MacKenzie's Statement of Qualifications
H:lDistSecIWINWORDISTAFRPTSIACWA-]PIA COllcur2000.doc
ATTACHMENT A
Consideration to Adopt Resolution No.4085 Concurring in
the Nomination of Ms.Jo MacKenzie to California Special
SUBJECTIPROJECT:District Association's Board of Directors
COMMITTEE ACTION:
This item was presented to the Finance and Administration Committee
on Monday,June 19,2006,and the committee recommended adoption of
Resolution No.4085,supporting Vista Irrigations nomination of Ms.
MacKenzie to CSDA's Board of Directions,Region 6,Seat A.
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.
RESOLUTION No.4085
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
OTAY WATER DISTRICT
SUPPORTING THE NOMINATION OF JO MacKENZIE
TO THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION
BOARD OF DIRECTORS,REGION 6,SEAT A
WHEREAS,the Otay Water District is a member District of the California
Special Districts Association (CSDA),and
WHEREAS,another CSDA member district,the Vista Irrigation District,has
requested that the Otay Water District Board of Directors support the nomination of
its member to the CSDA Board of Directors,Region 6.
NOW THEREFORE,BE IT RESOLVED by the Board of Directors of the Otay
Water District,that this district supports the nomination of Jo MacKenzie,Vista
Irrigation District,to the CSDA Board of Directors,Region 6.
BE IT FURTHER RESOLVED that the District Secretary is hereby directed to
transmit a copy of this resolution to CSDA,Attn:Paul Spitale,at 1112 I Street,Suite
200,Sacramento,California 95814,forthwith.
PASSED,APPROVED,AND ADOPTED by the Board of Directors of the Otay
Water District at a regular meeting held this 5th day of July,2006.
Ayes:
Noes:
Abstain:
Absent:
President
ATTEST:
Secretary
1391 Engineer Street·Vista,California 92081-8836
Phone (760)597-3100·Fax:(760)598-8757
June 13,2006
Mr.Mark Watton
General Manager
Otay Water District
2554 Sweetwater Springs Boulevard
Spring Valley,CA 91978-2004
Dear Mr.Watton:
Board of Directors
Linden R.Burzell,President
Paul L.V.Campo
-Jo MacKenzie
Robert R.Mendez
Howard S.Williams
Administrative Staff
John A.Amodeo
General Managerand ChiefEngineer
Roy A.Coox
Assistant GeneratManagerI Treasurer
Sherrie D.Jorgenson
BoardSecretary
Elaine L.Chan
InterimGeneral Counsel
At its June 7,2006 Board meeting,the Vista Irrigation District Board of Directors adopted
Resolution No.06-20 nominating Jo MacKenzie to the California Special District Association
Board of Directors,Region 6,Seat A.Ms.MacKenzie has served in this position since 2003.
Attached is a Statement of Qualifications for Director MacKenzie.
As President of the Vista Irrigation District,I am requesting that your Board give
consideration to submitting a resolution or minute order in support of Director MacKenzie's
nomination.Attached is a sample resolution for your convenience.
Please forward a copy or your resolution or minute order to CSDA by July 27,2006 at the
address below:
California Special District Association
Attn:Paul Spitale
1112 I Street,Suite 200
Sacramento,CA 95814
or FAX to (916)442-7889
It would be greatly appreciated if you would also forward a copy of the resolution or minute
order to Sherrie Jorgenson,VID Board Secretary,for our records.Thank you for your
consideration.
Sincerely,
--7/0 M ~Li~:~~
President
Board of Directors
Af~blic agency serving the dtyofVista alid portzonSofSan Marcos'Escondido,Oceanside and SdnDtego County
STATEMENT OF QUALIFICATIONS
JO MacKENZIE
DIRECTOR VISTA IRRIGATION DISTRICT
SAN DIEGO COUNTY
Jo MacKenzie has represented Region 6 on the CSDA Board of Directors since 2003.During
this time,she has actively served on a number of committees:Elections/By-Laws,2004-2006,
Chair 2006;Planning,2004-2006,Vice Chair 2005;Legislative Committee,2005-2006,Vice
Chair 2006;and the Special Task Force in 2005.
Ms.MacKenzie has been very active in CSDA at the local level and served as the local chapter
President from 1997 to 1998.She presently serves on the Chapter Board as the legislative
liaison.She was elected in 1994 to serve on the San Diego County LAFCO Special District
Advisory Committee which reviews issues involving Special Districts and makes
recommendations to the LAFCO Board.She served as the Committee's Vice Chair from 2000 to
2003 and its Chair from 2004 to the present.She was Vice Chair of the LAFCO Municipal
Service Review Sub-Committee for Southern San Diego County in 2003.
Ms.MacKenzie has represented Division 5 of the Vista Irrigation District since her election in
1992.She has served on and chaired the Fiscal Policy Committee and the Public Relations
Committee.She has served on Ad Hoc Committees related to the operation of the Warner
Ranch--a 43,000 acre watershed owned by VID that delivers up to half of the local water for the
City ofEscondido and the Vista Irrigation District.
Ms.MacKenzie is also active in the Association of California Water Agencies,serving on the
Membership Committee since 1997 and as its Vice Chair from 2005 to 2006 and the Local
Government Committee in 2006.She was appointed in 2006 by the President ofACWA to serve
on the Clair M.Hill Award Program Committee.She has served on the ACWA Region 10
Board ofDirectors since 1997 as Vice Chair and Alternate Vice Chair.
Ms.MacKenzie has been involved in civic activities since moving to San Marcos in 1975.She
was instrumental in getting the San Marcos City Council to set up the Citizens Budget Review
Committee in 1981;she served on this committee from 1981 to 1984 and from 1995 to 2006,
serving as chair from 1999 to 2006.She served seven years on the City's Planning Commission
and four years on the Traffic/Safety Commission.Her other civic involvement includes the San
Marcos Chamber of Commerce,of which she has been a Life Member Ambassador since 1986;
and the Vista Community Development Association,serving as Treasurer from 1996 to the
present.
Ms.MacKenzie is the owner of a land planning consulting firm which assists property owners
throughout San Diego and Riverside Counties in obtaining their discretionary entitlements from
various governmental agencies.Her clients include many national companies as well as
individual property owners.
Ms.MacKenzie is married and has three grown children and eight grandchildren.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
(NAME OF MEMBER DISTRICT)
SUPPORTING THE NOMINATION OF JO MacKENZIE TO THE
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION
BOARD OF DIRECTORS,REGION 6,SEAT A
WHEREAS,this district is a member district of the California Special Districts
Association (CSDA);and
WHEREAS,another CSDA member district,the Vista Irrigation District,has
requested that this district support the nomination of its member of the CSDA Board of
Directors,Region 6.
NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the (NAME
OF MEMBER DISTRICT)that this district supports the nomination of Jo MacKenzie,Vista
Irrigation District,to the CSDA Board of Directors,Region 6.
BE IT FURTHER RESOLVED that the District Secretary is hereby directed to
transmit a copy of this resolution to CSDA,Attn:Paul Spitale,at 1112 I Street,Sacramento,
CA 95814,forthwith.
PASSED AND ADOPTED by the following roll call vote of the Board of Directors for
the (NAME OF MEMBER DISTRICT)this day of 2006.
AYES:
NOES:
ABSTAIN:
ABSENT:
(SIGNATURE)
President
ATTEST:
(SIGNATURE)
Secretary
ITEM 8
There is no staff report for Item 8.
A verbal update will be provided for these items.